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ACTS 


RESOLVES 


PASSED    BY    THE 


General  (l{0urt  of  ^assatlutsetts 


IN    THE    YEAR 


1908, 


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    BY    THE 

SECRETARY   OF  THE   COMMONWEALTH. 


BOSTON : 

WRIGHT    &    POTTER    PRINTING    CO.,    STATE    PRINTERS, 

18  Post  Office  Square. 

1908. 


A  CONSTITUTION 


FORM    OF    GOVERNMENT 


Commonlucultb  oi  5)^assacbusdts. 


PREAMBLE. 

The  end  of  the  institution,  maintenance,  and  administra-  objects  of 
tion  of  government,  is  to  secure  the  existence  of  the  body  government. 
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,  prosperity,  and  happiness. 

The  body  politic  is  formed  by  a  voluntarj^  association  Body  poimc, 
of  individuals  :  it  is  a  social  compact,  by  which  the  whole  it°B^itul^!''' 
people  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  faithful  execution  of 
them ;  that  every  man  may,  at  all  times,  find  his  security 
in  them. 

We,  therefore,  the  people  of  Massachusetts,  acknowl- 
edging, >vitn  grateful  hearts,  the  goodness  of  the  great 
Legislator  of  the  universe,  in  aflbrding  us,  in  the  course 
of  His  providence,  an  opportunity,  deliberately  and  peace- 


CONSTITUTION   OF   THE 

ably,  -vrithout  fraud,  violence,  or  sm-prisc,  of  entering  into 
an  original,  explicit,  and  solemn  compact  Avith  each  other  ; 
and  of  forming  a  new  constitution  of  civil  government, 
for  ourselves  and  posterity ;  and  devoutly  imploring  His 
du'ection  in  so  interesting  a  design,  do  agree  upon,  ordain, 
and  establish,  the  following  Dedaration  of  Mights,  and 
Frame  of  Government,  as  the  Constitution  of  the  Com- 

MOmVEALTH    OP    MASSACHUSETTS. 


Equality  and 
natural  rights 
of  all  meu. 


Right  and  duty 
of  public  relig- 
ious worship. 
Protection 
therein. 
2Cu8h.l04. 
12  Allen,  129. 


Ajnendments, 
Art.  XI    BubBti 
tuted  for  this. 


Legislature 
empowered  to 
compel  provi- 
sion for  public 
worBhip ; 


PAKT    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  have 
certain  natural,  essential,  and  unalienable  rights  ;  among 
which  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. 

II.  It  is  the  right  as  well  as  the  duty  of  all  men  in 
society,  publicly,  and  at  stated  seasons,  to  worship  the 
Supreme  Being,  the  great  Creator  and  Preserver  of  the 
universe.  And  no  subject  shall  be  hurt,  molested,  or 
restrained,  in  his  person,  liberty,  or  estate,  for  worship- 
ping God  in  the  manner  and  season  most  agreeable  to  the 
dictates  of  his  ©wn  conscience  ;  or  for  his  religious  pro- 
fession of  sentiments  ;  provided  he  doth  not  disturb  the 
public  peace,  or  obstruct  others  in  thefr  religious  woi\ship. 

III.  [As  the  hap})iness  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  through  a  community  but  by  the 
institution  of  the  public  worship  of  God,  and  of  public 
instructions  in  piety,  religion,  and  morality:  Therefore, 
to  promote  their  happiness,  and  to  secm'e  the  good  order 
and  preservation  of  their  government,  the  people  of  tliis 
commonwealth  have  a  right  to  invest  their  legislature  with 
power  to  authorize  and  require,  and  the  legislature  shall, 
from  time  to  time,  authorize  and  require,  the  several  towns, 
parishes,  precincts,  and  other  bodies  politic,  or  religious 
societies,  to  make  suitable  provision,  at  their  own  expense, 
for  the  institution  of  the  })ublic  worship  of  God,  and  for 


COMMONWEALTH   OF   MASSACHUSETTS.  5 

the  support  and  maintenance  of  public  Protestant  teachers 
of  piety,  religion,  and  morality,  in  all  cases  where  such 
provision  shall  not  be  made  voluntarily. 

And  the  people  of  this  commonwealth  have  also  a  right  atfe^ifdanc"^""" 
to,  and  do,  invest  their  legislatm-e  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-  fousteacherV^' 
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  tlie  subject  to  the  support  of  ^^^oS'ptrochiai 
public  worship,  and  of  the  public  teachers  aforesaid,  shall,  ^'^^j^^^less^ 
if  he  requu'e  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  every  denomination  of  Christians,  demeaning  them-  AUdenomina, 
selves  peaceal)ly,  and  as  good  subjects  of  the  commonwealth,  protlcted!  ^ 
shall  be  equall}^  under  the  protection  of  the  law :  and  no  gubordinitiou 
subordination  of  any  one  sect  or  denomination  to  another  anotTerp^rV-^ 
shall  ever  be  established  by  law.]  hibited. 

IV.  The  people  of  this  commonwealth  have  the  sole  Right  of  self 
and  exclusive  right  of  governing  themseh'es,  as  a  free,  secured. 
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  ^/auTmc^erl'^ 
being  derived   from   them,  the    several   magistrates  and  etc 
officers  of  government,  vested  with   authorit}^,  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  ren. 
have  any  other  title  to  obtain  advantages,  or  particular  pubTic^bemg 
and  exclusive  privileges,  distinct  from  those  of  the  com-  * cuiiir pJivi*" 
munity,  than  what  arises  from  the  consideration  of  ser-  tafy^officelillre 
vices  rendered    to    the  public;    and    this    title    being  in  absurd  and 

•  1  1  T  ••iij  i-iT~  unnatural. 

nature  neither  hereditary,  nor  transmissible  to  children, 


CONSTITUTION   OF  THE 


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


Right  of  people 
to  secure  rota- 
tion in  office 


All,  having  the 
qualilications 
prescribed, 
equally  eligible 
to  office.    For 
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.  326. 
1  Pick.  418. 
7  Pick.  344. 
12  Pick.  184, 467. 
16  Pick.  87. 
23  I'ick.  360. 
7  Met.  388. 
4  Gray,  474. 
7  Gray,  363. 
14  Gray,  154. 
1  Allen,  loO. 
4  Allen,  474. 

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

6  Cush.  327. 
14  Gray,  15.5. 
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 
luinatural. 

YII.  Government  is  instituted  for  the  common  good  ; 
for  the  protection,  safety,  prosperity,  and  happines.s  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  totally  change  the  same,  when  their  protection, 
safety,  prosperity,  and  happiness  require  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  they  shall 
establish  by  their  frame  of  government,  to  cause  their 
public  officers  to  return  to  private  life  ;  and  to  fill  up 
vacant  places  b}"  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  establish  by  their  frame  of  government,  have  an 
equal  right  to  elect  officers,  and  to  be  elected,  for  public 

emplovmcnts.  122  Mass.  595,  596. 

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


1  Allen,  150. 

11  Allen,  530. 

12  Allen,  223,  230. 
100  Mass.  544,  560. 


103  Mass.  120,  624. 
106  Mass.  356,  362. 
108  Mass.  202,  213. 
Ill  Mass.  130. 


113  ^ras8.  45. 
116  Mass.  463. 
126  Mass.  428,  441. 


127  Mass.  50,  52, 

358,363,410,413. 
129  Mass.  559. 


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


COMMONWEALTH  OF  MASSACHUSETTS.  7 

justice  freely,  and  without  being  obliged  to  purchase  it ; 
completel}^  and  without  any  denial ;  promptly,  and  with- 
out delay  ;  conformably  to  the  laws. 

XH.     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  fm-nish  evidence  against  himself.     And  every  subject  2Vet.'329*^' 
shall  have  a  right  to  produce  all  proofs  that  may  be  favor-  1^qjI''^\^'^^- 
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,  11.* 
counsel,  at  his  election.     And  no  subject  shall  be  arrested,  2AUeI,'-m.' 
imprisoned,  despoiled,  or  deprived  of  his  property,  immu-  24of264°'439^ 
nities,  or  privileges,  put  out  of  the  protection  of  the  law,  ^l^^^^j^  ^^g 
exiled,  or  deprived  of  his  life,  liberty,  or  estate,  but  by  the  97  Mass.'s-o, 
judgment  of  his  peers,  or  the  law  of  the  land.  100 Mass.  287, 

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

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

And  the  leo-islature  shall  not  make  any  law  that  shall  Right  to  trial 

*  .      ,  .      ,  "^  .    ,  by  jury  in 

subiect  any  person  to  a  capital  or  mlamous  punishment,  crimiuai  cases, 

•  ,  •  except  etc 

exceptino;  for  the  g-overnment  of  the  army  and  navy,  with-  8  era v,  329, 373, 

1.  ^  '    Ai^       '  103Mk88.418. 

out  trial  by  jury. 

XHI.     In  criminal  prosecutions,  the  verification  of  facts,  crimes  to  be 
in  the  vicinity  where  they  happen,  is  one  of  the  great-  ^dnity!"*^** 
est  securities  of  the   life,  liberty,  and   property  of  the  12T  M'^ass^ei  62. 
citizen . 

XIV.  Every  subject  has  a  rio-ht  to  be  secure  from  all  Right  of  search 

"^         ,  ,  .    ~  .  .      and  seizure 

unreasonable  searches,  and  seizures,  of  his  person,  his  regulated. 

,  .  .  J      11    1  •  •  All  ^        Const,  of  U.S., 

houses,  his  papers,  and  ail  his  possessions.     All  warrants,  Amend'tiv. 
therefore,  are  contrary  to  this  right,  if  the  cause  or  founda-  scush.seb. 
tion  of  them  be  not  previously  supported  by  oath  or  affir-  L^ray,^454. 
mation,  and  if  the  order  in  the  warrant  to  a  civil  officer,  to  iL^V/'^"' '*i'?a 

'  _  '  100  Mass.  136, 

make  search  in  suspected  places,  or  to  arrest  one  or  more  i^q. 

^  f  ,      ,  126  Mass.  269, 

suspected  persons,  or  to  seize  theu*  property,  be  not  accom-  273. 
panied  with  a  special  designation  of  the  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  elciptfeTc!^^*^' 
which  it  has  heretofore  been  otherways  used  and  practised,  Amend'-fviL'' 
the  parties  have  a  right  to  a  trial  by  jury  ;  and  this  method  2  p!°^-|*^- 
of  procedure  shall  be  held  sacred,  unless,  in  causes  arising  5  Gray,  144". 
on  the  high  seas,  and  such  as  relate  to  mariners'  wages,  11  AUe'n, 574, 
the  legislature  shall  hereafter  find  it  necessary  to  alter  it.  102  Mass.  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. 


CONSTITUTION   OF  THE 


Liberty  of  the 
press. 


Right  to  keep 
atid  bear  arms. 
Standing  armies 
(iangeroue. 
Military  power 
subordinate  to 
ci\il. 
5  Gray,  1'21. 


Moral  qualifica- 
tions for  office. 


Moral  obliga- 
tions  of  law- 
givers and 
magistrates. 


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,  247. 


XVI.  The  liberty  of  the  press  is  essential  to  the  secu- 
rity of  freedom  in  a  state  :  it  ought  not,  therefore,  to  be 
restrained  in  this  coniniomveahh. 

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  libert}'',  they  ought  not  to  be 
maintained  ^vithout  the  consent  of  the  legislature  ;  and 
the  military  power  shall  always  be  held  in  an  exact  subor- 
dination to  the  civil  authority,  and  be  governed  b}^  it. 

XVIII.  A  frequent  recurrence  to  the  fundamental 
principles  of  the  constitution,  and  a  constant  adherence 
to  those  of  piety,  justice,  moderation,  temperance,  indus- 
try, and  frugality,  are  absolutely  necessary  to  preserve  the 
advantages  of  libert}',  and  to  maintain  a  free  government. 
The  people  ought,  consequently,  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 
theh*  lawgivers  and  magistrates  an  exact  and  constant 
observance  of  them,  in  the  formation  and  execution  of  the 
laws  necessary  for  the  o'ood  administration  of  the  common- 
Avealth. 

XIX.  The  people  have  a  right,  in  an  orderly  and  peace- 
able manner,  to  assemble  to  consult  upon  the  common 
good  ;  give  instructions  to  their  representatives,  and  to 
request  of  the  legislative  body,  by  the  way  of  addresses, 
petitions,  or  remonstrances,  redress  of  the  Avrongs  done 
them,  and  of  the  grievances  the}"  suffer. 

XX.  The  power  of  suspending  the  laws,  or  the  execu- 
tion of  the  laws,  ought  never  to  be  exercised  but  by  the 
legislature,  or  b}^  authority  derived  from  it,  to  be  exer- 
cised in  such  particular  cases  only  as  the  legislature  shall 
expressly-  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 
an}^  accusation  or  prosecution,  action  or  complaint,  in  any 
other  court  or  place  whatsoever. 

XXII.  The  legislature  ought  frequently  to  assemble 
for  the  redress  of  grievances,  for  correcting,  strengthening, 
and  confii-ming  the  laws,  and  for  making  new  laws,  as  the 
common  good  may  require. 

XXIII.  No  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  h^gislature. 


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  dc-  i2^\nen, 421,^  * 
clared  crimes  b}^  preceding  laws,  are  unjust,  oppressive,    "'■*  '***" 
and  inconsistent  with  the  fundamental  principles  of  a  free 
govcrmnent. 

XXV.  Xo  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.  Xo  magistrate  or  cornet  of  law  shall  demand  '^^f.^^^^l^t 
excessive  bail  or  sureties,  impose  excessive  fines,  or  inflict  J^gnt^^""!,"^' 
cruel  or  unusual  punishments.  5  Gray, 482.  hibued. 

XXVH.     Li  time  of  peace,  no  soldier  ought  to  be  quar-  No  soldier  to  be 
tered  in  any  house  without  the  consent  of  the  owner ;  and  SoSfeyuniess^^ 
in  time  of  war,  such  quarters  ought  not  to  be  made  but  ®*''" 
by  the  civil  magistrate,  in  a  manner  ordained  bjthe  legis- 
latm'c . 

XXVHI.     Xo  person  can  in  any  case  be  subject  to  law-  citizens  exempt 
martial,  or  to  anj^  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,  liberty,  property,  and  charac-  coun!^"  '"^ 
ter,  that  there  be  an  impartial  interpretation  of  the  laws,  \  Gr'ay,^/?^'. 
and  administration  of  justice.     It  is  the  right  of  (?very  ^;^|{^J^>^^^; 
citizen  to  be  tried  by  judges  as  free,  impartial,  and  inde-  ^oj  ^.|/«- ^i^. 
pendent  as  the  lot  of  humanit}"  will  admit.     It  is,  therefore ,  f  euure"of  their 
not  only  the  best  policy,  but  for  the  security  of  the  rights 

of  the  people,  and  of  every  citizen,  that  the  judges  of  the 
supreme  judicial  com*t  should  hold  their  ofiices  as  long  as 
they  behave  themselves  well ;  and  that  they  should  have 
honorable  salaries  ascertained  and  established  by  standing  salaries. 
laws . 

XXX.  In  the  government  of  this  commonwealth,  the  separation  of 
legislative  department  shall  never  exercise  the  executive  ci'^a'i^amuegis-^ 
and  judicial  powers,  or  either  of  them  :  the  executive  shall  menfaf^^"^^'" 
never  exercise  the  legislative  and  judicial  powers,  or  either  2  AiTe^n.srii. 
of  them  :  the  judicial  shall  never  exercise  the  legislative  ^qo  M^ass^^'^^sF^' 
and  executive  powers,  or  either  of  them  :  to  the  end  it  2S6. 

i  '  1  4.       r.  11^  Mass.  217, 

may  be  a  government  ot  laws  and  not  ot  men.  249. 

116  Mass.  317.  129  Maes.  559, 


10 


CONSTITUTION    OF   THE 


Title  of  body 
politic. 


PAllT    THE    SECOND. 

The  Frame  of  Government. 

The  people,  inhabiting  the  territoiy  formerly  called  the 
Province  of  Massachusetts  Ba}^  do  hereb}^  soleninl}^  and 
mutually  agree  with  each  other,  to  form  themselves  into  a 
free,  sovereign,  and  independent  body  politic,  or  state,  by 
the  name  of  Tiie  Commoxwealth  of  Massachusetts. 


CHAPTEE   I 


Legislative 
department. 


Foi-  change  of 
time,  etc.,  see 
amendments, 
Art.  X. 


GrOvernor'B 

veto. 

99  Mass.  636. 


Bill  may  be 
passed  by  two- 
tliirds  of  each 
bouse,  notwith- 
standing. 


the  legislative  rower. 

Section  L 

The  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  3'car  [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  governor  for  his  revisal  ; 
and  if  he,  upon  such  revision,  approve  thereof,  he  shall 
signify  his  approbation  by  signing  the  same.  But  if  he 
have  an}^  objection  to  the  passing  of  such  bill  or  resolve,  he 
shall  return  the  same,  together  with  his  objections  thereto, 
in  Avriting,  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  ju'oceed  to  reconsider  the  said  ImU  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  two-thirds  of  the  members  i)res- 
ent,  shall  have  the  force  of  a  law :  but  in  all  such  cases, 


COMMONWEALTH   OF   MASSACHUSETTS.  H 

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  iucaseofad- 
or  resoho  shall  not  be  returned  by  the  governor  within  uie'geMerai° 
five  days  after  it  shall  have  been  presented,  the  same  shall  th" hVe da>°, 
have  the  force  of  a  law.  3  Mass.  567.  mluTrArt.i. 

III.  The  general  court  shall  forever  have  full  power  General  court 
and    authcnity  to  erect   and    constitute   judicatories   and  ™cHeatoAesy  ^ 
courts  of  record,  or  other  courts,  to  be  held  in  the  name  o^dTl^tc.*'^*^ 
of  the  conunon wealth,  for  the  hearing,  trjdng,  and  deter-  i.2^Qr^'^i47 
mining  of  all  manner  of  crimes,  olfences,  pleas,  processes,  154. 
plaints,  actions,  matters,  causes,  and  things,  Avhatsoever, 

arising  or  happening  within  the  conunonwealth,  or  between 
or  concerning  persons  inhabiting,  or  residing,  or  brought 
within  the  same  :  whether  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  g-iven  and  courts,  etc. 

•'  ^  ^  .  ~      .  uiay  administer 

granted  full  power  and  authority,  from  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 

1  ;      1     i       ji  •  1  1  ,      'i'  ,•  j'      may  enact  laws, 

given  and  granted  to  the  said  general  court,  Irom  tune  to  etc. 
time  to  make,  ordain,  and  establish,  all  manner  of  whole-  4  Alien', 4'73'. 
some  and  reasonable  orders,  laws,  statutes,  and  ordinances,  2^7^^^®" '  ""^' 
directions  and  instructions,  either  with  penalties  or  with-  100  Mass.  544, 
out ;  so  as  the  same  be  not  repugnant  or  contrary  to  this  iijj  Mass.  467, 
constitution,  as  they  shall  judge  to  be  for  the  good  and     may  enact 
welfare  of  this  commonwealth,  and  for  the  government  J-epi^^nlfnt  to  * 
and  orderinof  thereof,  and  of  the  subiects  of  the  same,  and  the  constitution. 

»  '  ,     J  ,  '6  Allen,  3o8. 

for  the  necessary  support  and  defence  of  the  government 

thereof;  and  to  name  and  settle  annually,  or  provide  by     may  provide 

fi^     -i  J?         J.1  •  1  ±J.^•  11        •     •!        in  for  the  election 

xed  Jaws  tor  the  naming  and  settling,  all  civil  oincers  or  appointment 

within  the  said  commonwealth,  the  election  and  consti-  ns^Mass^Wi. 
tution  of  whom  are  not  hereafter  in  this  form  of  govern- 
ment otherwise  provided  for ;  and  to  set  forth  the  several  thSr^duUeT."'^** 
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  respectively  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 


General  court 
may  impOBC 
taxes,  etc. 
12  Mass.  252. 

5  Allen,  428. 

6  Allen,  5oS. 

8  Allen,  247,253. 

10  Allen,  2;i5. 

11  Alien,  268. 

12  Allen,  77,223, 
235,  238,  240, 
298,  300,  312, 
313,  500,  612. 

98  Mass.  19. 

100  Mass.  285. 

101  Mass.  575, 

lOSMass.  267. 
114  Mass.  388, 
391. 

116  Mass.  461. 
118  Mass.  386, 
389. 

123  Mass.  493, 
495. 

127  Mass.  413. 
ma  J'  impose 
taxes,  etc.,  to  be 
disposed  of  for 
defence,  protec- 
tion, etc. 
8  Allen,  247, 256. 
Valuation  of 
estates  once  in 
ten  years,  at 
least,  while,  etc. 
8  Allen,  247. 
126  Mass.  54" 


this  constitution  ;  and  to  impose  and  levy  proportional 
and  reasonable  assessments,  rates,  and  taxes,  upon  all  the 
inhabitants  of,  and  persons  resident,  and  estates  lying, 
within  the  said  commonwealth ;  and  also  to  impose  and 
levy  reasonable  duties  and  excises  upon  any  produce, 
goods,  wares,  merchandise,  and  commodities,  whatsoever, 
brought  into,  produced,  manufactured,  or  being  within 
the  same  ;  to  be  issued  and  disposed  of  by  warrant,  under 
the  hand  of  the  governor  of  this  commonwealth  for  the 
time  being,  with  the  advice  and  consent  of  the  council, 
for  the  public  service,  in  the  necessary  defence  and  sup- 
port of  the  government  of  the  said  commonwealth,  and 
the  protection  and  preservation  of  the  subjects  thereof, 
accordino;  to  such  acts  as  are  or  shall  be  in  force  within 
the  same. 

And  while  the  public  charges  of  government,  or  any 
part  thereof,  shall  be  assessed  on  polls  and  estates,  in  the 
manner  that  has  hitherto  been  practised,  in  order  that 
such  assessments  may  be  made  with  equality,  there  shall 
be  a  valuation  of  estates  within  the  commonwealth,  taken 
anew  once  in  every  ten  years  at  least,  and  as  much  oftener 
as  the  general  court  shall  order. 

For  the  authority  of  the  general  court  to  charter  cities,  see  amendments.  Art.  IT. 


CHAPTEE   I. 


Senate,  number 
of,  and  by 
whom  elected. 
Superseded  by 
amendmeuts. 
Art.  XIII., 
which  was  also 
superseded  by 
amendments, 
Art.  XXII. 


For  provision  as 
to  councillors, 
see  amend- 
ments. Art. 
XVI. 


Section  II. 

Senate. 

Article  I.  [There  shall  be  annually  elected,  by  the 
freeholders  and  other  inhabitants  of  this  commonwealth, 
(lualified  as  in  this  constitution  is  provided,  forty  persons 
to  be  councillors  and  senators  for  the  year  ensuing  their 
election  ;  to  be  chosen  by  the  inhabitants  of  the  districts 
into  which  the  common Avealth  may,  from  time  to  time,  be 
divided  by  the  general  court  for  that  i)urpose  :  and  the 
general  court,  in  assigning  the  numbers  to  be  elected  by 
the  respective  districts,  shall  govern  themselves  b}'  the  pro- 
portion of  the  public  taxes  paid  by  the  said  districts  ;  and 
timely  make  knoAvn  to  the  inhabitants  of  the  common- 
wealth the  limits  of  each  district,  and  the  number  of  coun- 
cillors 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  commonwealth  shall,  dutSctT  unui 
until  the  general  court  shall  determine  it  necessary  to  etc- 
alter  the  said  districts,  be  districts  for  the  choice  of  coun- 
cillors and  senators,  (except  that  the  counties  of  Dukes 
County  and  Nantucket  shall  form  one  district  for  that  pur- 
pose) and  shall  elect  the  following  number  for  councillors 
and  senators,  viz.  :  —  Suftblk,  six  ;  Essex,  six  ;  Middlesex, 
five  ;  Hampshii-e,  fom' ;  Plymouth,  tln-ee  ;  Barnstable,  one  ; 
Bristol,  three  ;  York,  two  ;  Dukes  County  and  Nantucket, 
one  ;  Worcester,  five  ;  Cumberland,  one  ;  Lincoln,  one  ; 
Berkshu'e,  two.] 

II.     The  senate  shall  be  the  first  branch  of  the  legislat-  Manner  and 

o  time  of  choosing 

ure  :  and  the  senators  shall  be  chosen  in  the  following  man-  senators  and 

coiiDcillors,  Sec 

ner,  viz,  :  there  shall  be  a  meeting  on  the  [fu'st  Monday  in  amendmentf*. 
April,]  annually,  forever,  of  the  inhabitants  of  each  town  xV!' a's^" 
in  the  several  counties  of  this  commonwealth  ;  to  be  called  ameudmentX 
by  the  selectmen,  and  warned  in  due  com\se  of  law,  at  ^^'■Ki^.-^^j^^ ^^ ^^ 
least  seven  days  before  the  [first  Monday  in  April,]  for  q"f»ii«cation8 of 

y,      .         .  L  *'  •'■--'  voters,  Buper- 

the  purpose  oi  electing  persons  to  be  senators  and  coun-  sededbyamend- 
cillors  ;    [and  at  such  meetings  every  male  inhabitant  of  in.,  xx., 
twenty-one  years  of  age  and  u})wards,  having  a  freehold  xxx.,xxxi. 
estate  within  the  commonwealth,  of  the  annual  income  of  word^hihabi- 
three  pounds,  or  any  estate  of  the  value  of  sixty  pounds,  |?e"J'aig'|fameud- 
shall  have  a  right  to  give  in  his  vote  for  the  senators  for  ments,  Art. 
the  district  of  which  he  is  an  inhabitant.]     And  to  remove  was  annulled  by 
all  doubts  concerning  the  meaning  of  the  word  "  inhabi-  i^'dray,  21. 
tant"  in  this  constitution,  every  person  shall  be  considered  ^^^Mass.  o9o, 
as  an  inhabitant,  for  the  purpose  of  electing  and  being- 
elected  into  any  office,  or  place  Avithin  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 

1  .  .  .,1  iin  •!  _£•   preside  at  town 

such  meetings  impartially ;  and  shall  receive  the  votes  ot  meetings. 
all  the  inhabitants  of  such  towns  present  and  cjualified 
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  coi^v  of  this  record  shall  be  attested  by  -^s  to  cities,  see 

.,  ,  11  11  iini  TT  amendments, 

tne  selectmen  and  the  town  clerk,  and  shall  be  sealed  up.  Art.  11. 
directed  to  the  secretary  of  the  commonwealth   for   the 
time  being,  with  a  superscription,  expressing  the  purport 


14 


CONSTITUTION   OF   THE 


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


Inhabitants  of 
iiuincorporated 
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. 
M  ajority 
changed  to 
plurality  by 
amendments, 
Art.  XIV. 


Senate  to  be 
final  judf^e  of 
elections,  etc., 


of  the  contents  thercot",  and  delivered  by  the  town  clerk 
of  such  towns,  to  the  sheriff  of  the  county  in  which  such 
town  lies,  thirty  days  at  least  l)efore  [the  last  Wednes- 
day in  ^hiy]  annually  ;  or  it  shall  be  delivered  into  the 
secretary's  office  seventeen  days  at  least  before  the  said 
[last  AVcdnesday  in  jNIay  :]  and  the  sheriti*  of  each  county 
shall  deliver  all  such  certificates  by  him  received,  into 
the  secretary's  office,  seventeen  days  before  the  said  [last 
AVednesday  in  jNIay.] 

And  the  inhabitants  of  plantations  unincorporated, 
({ualified  as  this  constitution  provides,  who  arc  or  shall 
be  empowered  and  required  to  assess  taxes  upon  them- 
selves toward  the  support  of  government,  shall  have 
the  same  privilege  of  voting  for  councillors  and  senators 
in  the  plantations  where  they  reside,  as  town  inhabitants 
have  in  their  respective  to^vns  ;  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  authoritv  for  notifving  the  elec- 
tors,  collecting  and  returning  the  votes,  as  the  selectmen 
and  towni  clerks  ha^■e  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 
towMi,  shall  have  the  privilege  of  giving  in  theii-  votes  for 
councillors  and  senators  in  the  town  Avhore  they  shall  be 
assessed,  and  be  notified  of  the  place  of  meeting  by  the 
selectmen  of  the  town  where  they  shall  be  assessed,  for 
that  purpose,  accordingly. 

III.  And  that  there  may  be  a  due  convention  of  sena- 
tors on  the  [last  Wednesday  in  Alay]  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  da}'s  before  the  said  day  he  shall 
issue  his  summons  to  such  persons  as  shall  ap})ear  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  })resident 
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 


CO^IMONWEALTH   OF   MASSACHUSETTS.  15 

pointed  out  in  the  constitution  ;  and  shall,  [on  the  said  «^;^^°^'^"^<^™- 
last  Wednesday  in  May]  annually,  determine  and  declare  J^''l^^f{^^^f^^^^_ 
who  are  elected    bv  each  district   to   be  senators   [by  a  day  of  January 
niajority  of  votes ;  and  m  case  there  shall  not  appear  to  ments,  Art.  x. 
be  the   full    number  of  senators  returned    elected    by  a  changed  to 
majority  of  votes  for  any  district,  the  deficiency  shall  be  ^J^enSL, 
supplied  in  the  following  manner,  viz.  :  The  members  of  ^it  ^iv. 
the  house  of  representatives,  and  such  senators  as  shall 
be  declared  elected,  shall  take  the  names  of  such  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  wanting,  if  there  be  so  many  voted 
for ;  and  out  of  these  shall  elect  b}^  ballot  a  number  of  |[^°^"*''*''''  ^^°"^ 
senators  sufficient  to  fill  up  the  vacancies  in  such  district;  Changed  to 

,.         ,.  n  1  .  1111JJH1  •       election  by 

and  in  this  manner  all  such  vacancies  shall  be  hlled  up  m  people. 
every  district  of  the  commonwealth  ;  and  in  like  manner  m^tu™Art". 
all  vacancies  in  the  senate,  arising  by  death,  removal  out  ^^i^- 
of  the  state,  or  otherwise,  shall  be  supplied  as  soon  as  may 
be,  after  such  vacancies  shall  happen,] 

Y.     Provided,  nevertheless,  that    no   person  shall    be  Qualifications 
capable  of  being  elected  as  a  senator,  [who  is  not  seised  property  qnaii- 
in  his  own  right  of  a  freehold,  within  this  commouAvcalth,  fsh^'ecK" '''^°^' 
of  the  value  of  thi-ee  hundred  pounds  at  least,  or  possessed  ^'e'lit^Art. 
of  personal  estate  to  the  value  of  six  hundred  pounds  at  f^^f^^ti^g,.  ^^^_ 
least,  or  of  both  to  the  amount  of  the  same  sum,  and]  Avho  vision  as  to 
has  not  been  an  inhabitant  of  this  commonwealth  for  the  aisoamen'd- 
space  of  five  years  immediately  preceding  his  election,  and,  xxii.' 
at  the  time  of  his  election-,  he  shall  be  an  inhabitant  in  the 
district  for  which  he  shall  l)c  chosen. 

VI .  The  senate  shall  have  power  to  adjourn  themselves ,  senate  not  to 
provided  such  adjournments  do  not  exceed  two  days  at  ti  thanYwo^da'vs. 
time . 

VII.  The  senate  shall  choose  its  own  president,  ap-  itg'omcer«°°nd 
point  its  own  officers,  and  determine   its   own   rules   of  establish  its 

'■  ^.  rules. 

proceedings. 

VIII.  The  senate  shall  be  a  court  with  full  authoritv  .  sh-intryaii 

,  11  Ji"     impeachments. 

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  im]:>artially  to  try  and  determine  the  Oath. 

charge  in  (luestion,  according  to  evidence.     Their  judg-  Limitation  of 

ment,  however,  shall  not  extend  further  than  to  removal 

from  office  and  dis(|ualitication  to  hold  or  enjoy  any  place 


10 


CONSTITUTION    OF   THE 


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


of  honor,  trust,  or  profit,  under  this  commonwealth ;  but 
the  party  so  convicted  shall  be,  nevertheless,  liable  to 
indictment,  trial,  judgment,  and  punishment,  according  to 
the  laws  of  the  land. 

IX.     [Not    less    than    sixteen  members  of  the  senate 
shall  constitute  a  quorum  for  doing  business.] 


Representation 
of  tbe  people. 


Representa- 
tives, by  whom 
chosen. 
Superseded  by 
amendments, 
Arts.  XII.  and 
XIII.,  which 
were  also 
superseded  by 
ameudmcuts, 
Art.  XXI. 
7  Mass.  523. 


Proviso  as  to 
towns  having 
less  than  150 
ratable  polls. 


Towns  liable  to 
fine  in  case,  etc. 


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


QiialificationB 
of  a  repre- 
sentative. 


CHAPTER    I. 
Section  IH. 

House  of  Representatives. 

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

II.  [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  may  elect  one  represent;- 
ative ;  every  corporate  town  containing  tlu'ce  hundred 
and  seventy-five  ratable  polls  may  elect  two  representa- 
tives ;  every  corporate  town  containing  six  hundred  ratable 
polls  may  elect  thi*ee  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 
ratable  polls.] 

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

[The  expenses  of  travelling  to  the  general  assembly,  and 
returning  home,  once  in  ever}^  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  b}'  written  votes  ;    [and,  for  one  year  at 


COMMONWEALTH   OF   MASSACHUSETTS.  17 

least  next  preceding"  his  election,  shall  have  been  an  inhab-  New  provision 

. ,        ,        ,.  1     ,  1  .        1     .       ,   .  '    ^  1.      jy         v  as  to  residence. 

itant  oi,  and  have  been  seised  m  his  own  right  oi  a  tree-  seeamend- 
hold  of  the  value  of  one  hundred  pounds  within  the  town  xxl"'^*^*' 
he  shall  be  chosen  to  represent,  or  any  ratable  estate  to  ficationJXu*' 
the  value  of  two  hundred  pounds:  and  he  shall  cease  to  iBhed  by  amend- 

^  .         '  -  .  .  ments,  Art. 

represent  the  said  town  iimiiediatelj  on  his  ceasing  to  be  xiii. 
qualified  as  aforesaid.] 

IV.  [Every  male  person,  being  twenty-one  years  of  Q^iaiifications 
age,  and  resident  in  any  particular  town  in  this  common-  These  pro- 
wealth  for  the  space  of  one  j^ear  next  preceding,  having  a  leded  by'^^^'^" 
freehold  estate  within  the  said  town  of  the  annual  income  Art'l'iT^xx., 
of  tlu'ce  pounds,  or  any  estate  of  the  value  of  sixty  pounds,  xx-x"x'xxi. 
shall  have  a  right  to  vote  in  the  choice  of  a  representative  andxxxu. 

p  '■  See  also  amend- 

or  representatives  tor  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  ^g'j.fg'gj^^' 
before  the  last  Wednesday  of  that  month.]  tives.when 

•^  -^  chosen. 

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

Art.  XV. 

VI.  The  house  of  representatives  shall  be  the  grand  House  aione 

1,  Til-  1  can  impeach. 

inquest    ot    this    commoinveaith ;    and    all    impeachments 
made  by  them  shall  be  heard  and  tried  by  the  senate. 

VII.  All  money  bills  shall  originate  in  the  house  of  House  to  ongi- 

•^  "  nate  all  money 

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

VIII.  The  house  of  representatives  shall  have  power  xot  to  adjourn 
to  adjourn  themselves  ;  provided  such  adjournment  shall  ™ayg*;*^''"*^** 
not  exceed  two  days  at  a  time. 

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

'-     .  1      11  •  /»  1     •  1         •      amendments, 

representatives  shall  constitute  a  quorum  tor  doing  busi-  Arts.  xxi.  and 
^     -,  ^  ®  xxxiii. 

ness.J 

X.  The  house  of  representatives  shall  be  the  iudge  of  to  judge  of 

,  ,.•"■-,  ,.^         .  ,,    .  ^        o  returns,  etc.,  of 

the  returns,  elections,  and  qualmcations  ot  its  own  mem-  its  own  mem- 
bers, as  pointed  out  in  the  constitution  ;  shall  choose  their  its  oliicers  and^ 
own  speaker ;  api)oint  their  own  officers,  and  settle  the  ruiesjete.''" 
rules  and  orders  of  proceeding  in  their  own  house.     They  May  punish 
shall    have  authority  to    punish    by  imprisonment  every  offencef.''^ 
person,  not  a  member,  who  shall  be  guilty  of  disrespect  i^ Gray, 226. 
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  tune  of  its  sitting,  shall 
threaten  harm  to  the  body  or  estate  of  any  of  its  members, 
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 


CONSTITUTION    OF   THi: 


Privileges  of 
inembers. 


Senate. 

Governor  and 

council  may 

piinish. 

General  liinita- 

tiou. 

14  Gray,  '226. 


Trial  may  be  bj' 
committee,  or 
otherwise. 


house,  ill  his  way  in  going  or  returning;  or  Avho  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,  during  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  tlie  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  oftcnces,  be  for  a  term  exceeding  thirty  days. 

And  the  senate  and  house  of  representatives  may  try 
and  determine  all  cases  where  their  rights  and  privileges 
are  concerned,  and  which,  by  the  constitution,  they  have 
authority  to  tiy  and  determine,  by  committees  of  their  own 
members,  or  in  such  other  waj'  as  they  may  respectively 
think  best. 


CHAPTER    II, 


Governor. 


His  title. 

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


By  whom 
cliot^en,  if  he 
have  a  majority 
of  votes. 

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


EXECUTIVE     POWER. 

Section  I. 
Governor. 

Article  I.  There  shall  be  a  supreme  executive  mag- 
istrate, who  shall  be  styled  —  The  Goverxor  of  the 
ComjNIOnavealth  of  Massachusetts  ;  and  whose  title 
.shall  be  —  His  Excellency. 

II.  The  governor  shall  be  chosen  aniuially  ;  and  no 
person  shall  be  eligible  to  tliis  office,  unless,  at  the  time  of 
his  election,  he  shall  have  been  an  inhabitant  of  this  com- 
monwealth for  seven  years  next  precedhig  ;  [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  Christian  religion.] 

HI.  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  Monday  of  April]  annually, 
give  in  their  votes  for  a  governor,  to  the  selectmen,  who 
shall  [)reside  at  such  meetings  ;  and  the  town  clerk,  in  the 
presence  and  with  the  assi.stance  of  the  selectmen,  shall, 
in  open  town  meeting,  sort  and  count  the  votes,  and  form 


COMMO^rVVEALTH   OF   MASSACHUSETTS.  19 

a  list  of  the  persons  voted  for,  Avith  the  number  of  votes 

for  eaeh  person  against  his  name  ;  and  shall  make  a  fair 

record  of  the  same  in  the  town  books,  and  a  public  decla-  As  to  cuies,  see 

ration  thereof  in  the  said  meeting ;  and  shall,  in  the  pres-  A^t!"!!™^"  ^' 

ence  of  the  inhal)itants,  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 

riast  Wednesday  in  May]  :  and  the  sheriff  sliall  transmit  Jime  changed 

L  -J  J  J  '  to  first  Wednes- 

the  same  to  the  secretary's  oiEce,  seventeen  days  at  least  day  of  January 
before  the  said  [last  Wednesday  in  May]  ;  or  the  select-  ments.Art.x. 
men  may  cause  retiu"ns  of  the  same  to  be  made  to  the 
office  of  the  secretary"  of  the  commonwealth,   seventeen 
daj'S  at  least  before  the  said  da}' ;  and  the  secretary  shall 
la}^  the  same  before  the  senate  and  the  house  of  repre- 
sentatives on  the  [last  Wednesday  in  May] ,  to  be  b}^  them  changed  to 
examined  ;  and  in  case  of  an  election  by  a  [majority]  of  all  amend menL, 
the  A'otes  returned,  the  choice  shall  be  by  them  declared  -^^t-xiv. 
and  published  ;  but  if  no  person  shall  have  a  [majoritj']  of  ^heVno  p^ereou 
votes,  the  house  of  representatives  shall,  by  ballot,  elect  ^^"^p^^"''^'*^'- 
two  out  of  four  persons  Avho  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  uiay,  from  time  to  time,  hold  and  keep  a 
council,  for  the  ordering  and  directing  the  affairs  of  the 
commonwealth,  agTceably  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,  diu-ing  the  session  of  the  gen-  generai'cou'rt 
eral  court,  to  adjourn  or  prorogue  the  same  to  any  time  and  convene  ' 
the  two  houses  shall  desire  ;  [and  to  dissolve  the  same  on  ^s  to  ditsoiu- 
the  day  next  preceding  the  last  Wednesday  in  May  ;  and,  ^''e°'tg^\rt'!xf" 
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  ^vhich  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 


CONSTITUTIOX   OF   THE 


Ae  to  dissolu- 
tion, see  amend- 
mentB,  Art.  X. 

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


Governor  to  be 
commander-in- 
chief. 


Limitation. 


happening,  whercb}'-  danoer  may  arise  to  the  health  or 
lives  of  the  members  from  their  attendance,  he  uniy  direct 
the  session  to  be  held  at  some  other,  the  most  convenient 
place  within  the  state. 

[And  the  governor  shall  dissolve  the  said  general  cornet 
on  the  day  next  preceding  the  last  Wednesday  in  ^hi}'.] 

VI.  In  cases  of  disagreement  between  the  tAvo  houses, 
with  regard  to  the  necessit3%  expediency,  or  time  of  ad- 
journment or  prorogation,  the  governor,  with  advice  of 
the  council,  shall  have  a  right  to  adjom-n  or  prorogue 
the  general  court,  not  exceeding  ninet}^  daj^s,  as  he  shall 
determine  the  public  good  shall  require. 

Vn.  The  governor  of  this  commonwealth,  for  the  time 
])cing,  shall  be  the  commander-in-chief  of  the  army  and 
navy,  and  of  all  the  military  forces  of  the  state,  b}^  sea 
and  land  ;  and  shall  have  full  power,  by  himself,  or  by 
any  commander,  or  other  officer  or  oiEcers,  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  inhabitants  thereof,  and  to  lead  and 
conduct  them,  and  with  them  to  encounter,  repel,  resist, 
expel,  and  pm'sue,  by  force  of  arms,  as  Avell  by  sea  as  by 
land,  within  or  without  the  limits  of  this  commonwealth, 
and  also  to  kill,  slay,  and  destroy,  if  necessary',  and  con- 
quer, by  all  fitting  ways,  enterprises,  and  means  whatso- 
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  nav}^,  and  over  the  militia  in  actual  service,  the 
law-martial,  in  time  of  war  or  invasion,  and  also  in  time 
of  rebellion,  declared  l)y  the  legislature  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  annoying  this  com- 
monwealth ;  and  that  the  governor  be  intrusted  with  all 
these  and  other  powers,  incident  to  the  offices  of  cap- 
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 


co:m]monavealth  of  Massachusetts.  21 

gi-anted,  or  hereafter  to  be  granted  to  him  by  the  legis- 
latui'e,  transport  any  of  the  inhabitants  of  this  coinmon- 
Avealth,  or  oblige  them  to  march  out  of  tlie  limits  of  the 
same,  without  theh"  free  and  voluntar}^  consent,  or  the  con- 
sent of  the  general  coiu't ;  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  convenienth^  have  access. 

VIII.  The  power  of  pardoning  offences,  except  such  Governor  and 

,  •ji/>ir»  ,^  ,        t  council  may 

as  persons  ma}^  be  convicted  ot  betore  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 

.      ..1      .         T.  1  J-       1  •  conviction. 

notwithstanding    any  general   or  particular    expressions  109  Maes.  32.3. 
contained  therein,  descriptive  of  the  ofience  or  oflences 
intended  to  be  pardoned. 

IX.  All  judicial  officers,  [the  attorne^'-general,]   the  Judicial  om. 
solicitor-general,  [all  sheriffs,]  coroners,  [and  registers  of  nomlnated^aM 
probate,]  shall  be  nominated  and  appointed  by  the  gov-  For°provi6ion8 
ernor,  by  and  with  the  advice  and  consent  of  the  council ;  as  to  election 

'       .•  .  .  'of  attorncy- 

and  every  such  nomination  shall  be  made  by  the  governor,  general,  see 
and  made  at  least  seven  days  prior  to  such  appointment.     Art.  xvii.  ' 

For  provision  as  to  election  of  slieriffs,  registers  of  probate,  etc.,  see  amendments, 
Art.  XIX.  For  provision  as  to  appointment  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  umitotfon  of 
list  of  theu'  respective  companies,  [of  twenty-one  years  blVmen'?- °"* 
of  age  and  upwards  ;]  the  field  officers  of  regiments  shall  ments,  Art.v. 
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  then' respec- 
tive brigades  :  and  such  officers,  so  elected,  shall  be  com-  Howcommis- 
missioned  by  the  governor,  Avho  shall  determine  their  rank.  "°°^  ' 

The  legislature  shall,  by  standing  laws,  dh'ect  the  time  Election  of 
and  manner  of  convening   the  electors,  and  of  collect-  °  ''^'^*' 
ing  votes,  and  of  certif}'ing  to  the  governor,  the  officers 
elected. 

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

■'~  .  ii-  .  ^o"'  appomted 

house  of  representatives,  each  havina"  a  neg-ative  ui^on  the  andcommis- 

•       .  C5  o  X  Bioned 

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  elcc-  etc. 


22 


CONSTITUTION   OF   THE 


Officers  duly 
coininii-sioiicd, 
how  renidvetl. 
Superceded  V)y 
aiiiendnieuts, 
Art.  IV. 


Adjutants,  etc., 
how  apiioiuted. 


Army  officers, 
how  appointed. 


Ora;aiiization  of 
luiritia. 


Money,  how- 
drawn  from  the 
treasury, 
except,  etc. 
13  AUen,  593. 


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


tions,  after  boiiio:  duly  notified,  according  to  the  laws  for 
the  time  Iwiiig,  then  the  governor,  Avitli  advice  of  council, 
shall  appoint  suitable  persons  to  fiill  such  offices. 

[And  no  officer,  duly  commissioned  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  court- 
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 
lu'igade-majors  ;  and  the  major-generals  their  aids  ;  and 
the  governor  shall  a})point  the  adjutant^general. 

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

The  divisions  of  the  militia  into  brigades,  regiments,  and 
companies,  made  in  piu^suance  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. 

XI.  No  moneys  shall  be  issued  out  of  the  treasiu'y  of 
this  commonwealth,  and  disposed  of  (except  such  sums  as 
may  be  a})propriated  for  the  redemption  of  bills  of  credit 
or  treasurer's  notes,  or  for  the  payment  of  interest  arising 
thereon)  but  by  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. 

XII.  All  public  boards,  the  commissary-general,  all 
superintending  officers  of  public  magazines  and  stores, 
bclono-ino-  to  this  commonwealth,  and  all  commandino^ 
officers  of  forts  and  garrisons  within  the  same,  shall  once 
in  every  three  months,  officially,  and  without  retjuisition, 
and  at  other  times,  when  required  by  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  })ublic  property 
whatever  under  their  care  respectively  ;  distinguishing  the 
([uantitj^  mimber,  (juality  and  kind  of  each,  as  ])articu- 
larly  as  may  be  ;  together  with  the  condition  of  such  forts 
and    caiTisons :    and    the  said    commandinc!'  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  com- 
municate 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  s°^ernor. 
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  necessarily  diverted  from  that  object  to  his 
private  concerns,  and  that  lie  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,  am})ly  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  by  law  accordingly. 

Permanent  and  honorable  salaries  shall  also  be  estal)-  Salaries  of  jus- 
lished  by  law  for  the  justices  of  the  supreme  judicial  court,  judicial  court. 

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


CHAPTEE    II. 

Section  II. 

Lieutenant-Governor, 

Article  I.     There   shall  be   annually  elected   a  lieu-  Lieutenant- 
tenant-governor  of  the  commonwealth  of  Massachusetts,  fituf ami  quait 
whose  title   shall   be  —  His  Honor;    and  who   shall    be  amendmectsr 
qualified,  in  point  of  [religion,]  [property,]  and  residence  xxxrv.^'*"*^ 
in  the  commonwealth,  in  the  same  manner  with  the  gov- 
ernor ;  and  the  day  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  now  chosen. 
votes  for  this  officer,  and  the  declaration  of  his  election, 
shall  be  in  the  same  manner;  [and  if  no  one  person  shall  p/i^rlmy p'ro- 
be  found  to  have  a  majority  of  all  the  votes  retm^ned,  the  ^mlndments 
vacancy  shall  be  filled  by  the  senate  and  house  of  repre-  Art.  xiv. 


24 


CONSTITUTION   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  shall  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  o^overnor  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,  which  by  this  con- 
stitution the  governor  is  vested  with,  when  personally 
present. 


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


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

Superseded  by 
amendments, 
Art.  XVI. 


If  sen.'itors  be- 
come council- 
lors, their  t-e;its 
to  be  vacated. 


CHAPTER    II. 
Section  III. 

Council,  and  the  Planner'  of  settling  Elections  hij  the  Legis- 
lature. 

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- 
ins:  and  directinc:  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  iNIa}',  by  the  joint  ballot  of 
the  senators  and  representatives  assembled  in  one  room  ; 
and  in  case  there  shall  not  be  found  upon  the  first  choice, 
the  whole  number  of  nine  persons  who  will  accept  a  seat 
in  the  council,  the  deficiency  shall  ])e  made  up  b}^  the 
electors  aforesaid  from  among  the  people  at  large  ;  and 
the  number  of  senators  left  shall  constitute  the  senate 
for  the  year.  The  seats  of  the  persons  thus  elected  from 
the  senate,  and  accepting  the  trust,  shall  be  A'acated  in  the 
senate.] 


COMMONWEALTH   OF   MASSACHUSP^TTS.  25 

HI.     The  councillors,  in  the  civil  arrangements  of  the  Rank  of 
commonwealth,  shall  have  rank  next  after  the  lieutenant- 
"overnor. 

IV.  [Not  more  than  two  councillors  shall  be  chosen  no  district  to 
out  of  any  one  district  of  this  commonwealth.]  two^'""'^*^ 

Superseded  by  amendmentB,  Art.  XVT. 

V.  The  resolutions  and  advice  of  the  council  shall  be  Register  of 
recorded  in  a  register,  and  signed  by  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-  coundi  to  exer- 
ant-governor  shall  be  vacant,  by  reason  of  death,  absence,  o/governorin 
or  otherwise,  then  the  council,  or  the  major  part  of  them,  "'"^^e- e*'=- 
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  lie  made,  Elections  may 
by  this  constitution,  on  the  last  Wednesday  in  May  annu-  unta'/ei'c''"'''^ 
ally,  by  the  two  houses  of  the  legislature,  may  not  be 
completed  on  that  day,  the  said  elections  may  be  adjourned 

from  day  to  da^^  until  the  same  shall  be  completed.     And  Order  thereof. 

t.t'.  in  />  ..       Superseded  by 

the  order  ot  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,  Commismry,  etc. 

Article  I.      [The   secretary,    treasurer  and    receiver-  secretary,  etc , 
general,  and  the  commissary-general,  notaries  public,  and]  howciXem 
naval  officers,  shall  be  chosen  annually,  by  joint  ballot  of  fo^eiec^on'of*^ 
the  senators  and  representatives  in  one  room.     And,  that  uye7an7re-^^^ 
the  citizens  of  this  commonwealth  may  be  assured,  from  ceivergenerai 

.  ...  and  auditor  and 

time  to  time,  that  the  moneys  remaining  m  the  public  attomeygen- 
treasury,  upon  the  settlement  and  li(|uidation  of  the  pub-  men'ts,  Art. 


26 


CONSTITUTION   OF   THE 


Treasurer  in- 
eligible for 
more  than  five 
successive 
years. 


Secretary  to 
keep  records ; 
to  attend  tlic 
governor  and 
council,  etc. 


lie  accounts,  are  their  property,  no  man  shall  be  eligible 
as  treasurer  and  receiver-iiciieral  more  than  five  }'cars 
successively. 

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

II.  The  records  of  the  commonwealth  shall  be  kept  in 
the  office  of  the  secretary,  who  may  appoint  his  deputies, 
for  whose  conduct  he  sliall  be  accountable  ;  and  he  shall 
attend  the  o-overnor  and  council,  the  senate  and  house  of 
representatives,  in  person,  or  by  liis  deputies,  as  they  shall 
respectively  requu^e. 


CHAPTER    III 


Tenure  of  all 
commissioned 
officers  to  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 
opinions  when 
required. 
122  Mass.  600. 
126  Mass.  557, 
561. 

Justices  of  the 
peace:  tenure 
of  their  office. 
3  Cueh.  584. 


For  removal  of 
justices  of  the 
peace,  see 
amendments. 
Art.  XXXVU. 


Provisions  for 

holding  probate 

courts. 

12  Gray,  147. 


JUDICIARY    PC  AVER. 

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 
during  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  authorit}'  to  require  the  opin- 
ions of  the  justices  of  the  suiireme  judicial  court,  u})on 
important  questions  of  law,  and  upon  solemn  occasions. 

HI.  In  order  that  the  people  may  not  suffer  from  the 
long  continuance  in  place  of  any  justice  of  the  peace  who 
shall  fail  of  discharging  the  important  duties  of  his  office 
with  ability  or  fidelity,  all  commissions  of  justices  of  the 
])eace  shall  expire  and  become  void,  in  the  term  of  seven 
years  from  theu'  respective  dates  ;  and,  upon  the  expira- 
tion of  any  commission,  the  same  may,  if  necessary,  be 
renewed,  or  another  person  appointed,  as  sliall  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  coiu-ts  shall  be  holden  at  the  times 
and  pltices  which  the  respective  judges  shall  direct. 


COMMONWEALTH   OF   MASSACHUSETTS.  27 

V.     All  causes  of  marriage,  divorce,  and  alimony,  and  ^ivor^fe^and 
all  appeals  from  the  judges  of  probate,  shall  be  heard  and  yj^g^"^;^ 
determined  by  the  governor  and  council,  until  the  legis- visions  made 
latiu'e  shall,  by  law,  make  other  provision.  los  Mass.  327. 

•^  '-  116  Maes.  317. 


CHAPTER    IV. 

DELEGATES    TO    COXGRESS. 

[The  deleo-ates  of  this  commonwealth  to  the  congi'ess  of  Delegates  to 

L  -    "  in  •  •         1  1         (.   T  congress. 

the  United  States,  shall,  some  time  m  the  month  ot  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  Avithin  the  year,  and  others  chosen  and  com- 
missioned, in  the  same  manner,  in  their  stead.] 


CHAPTER    V. 

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

Section  I. 

The  Universi'fi/. 

Article  I.     AYhereas  our  Avise  and  pious  ancestors,  so  Harvard 
early  as  the  year  one  thousand  six  hundred  and  thirty-six,  '^°^^^^- 
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,  pHvi. 
Harvard    College,    in    their    corporate    capacity,    and  thrpresMdent 
their  successors  in  that  capacity,  their  officers  and  ser-  cou/rmeJ.*' 
vants,  shall  have,  hold,  use,  exercise,  and  enjoy,  all  the 
powers,   authorities,  rights,  liberties,  privileges,  immuni- 
ties, and  franchises,  which  they  now  have,  or  are  entitled 


28 


CONSTITUTIOX   OF   THE 


All  gifts, 
grants,  etc., 
coufirmed. 


Who  shall  be 
overseers. 

See  Statutes, 
1851, 224. 
1852,  27. 
1859,  212. 
1865, 173. 
1880.  65. 


Power  of  altera- 
tion reserved  to 
the  legislature. 


to  have,  hold,  U8c,  exercise,  and  enjoy  ;  and  the  same  arc 
hereby  ratified  and  confirmed  unto  them,  tlie  said  presi- 
dent and  fellows  of  Harvard  College,  and  to  their  suc- 
cessors, and  to  their  officers  and  servants,  respectiyely, 
forever. 

II.  And  Avhereas  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  confirmed  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. 

III.  And  whereas,  by  an  act  of  the  general  court  of 
the  colon}'  of  Massachusetts  Bay,  passed  in  the  year  one 
thousand  six  hundred  and  forty-two,  the  governor  and 
deputj'-governor,  for  the  time  being,  and  all  the  magis- 
trates of  that  jurisdiction,  were,  with  the  president,  and 
a  numl)er  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,  theii' 
successors,  who,  Avith  the  president  of  Harvard  College, 
for  the  time  being,  together  with  the  ministers  of  the  con- 
gregational churches  in  the  towns  of  Cambridge,  AVater- 
town,  CharlestoAvn,  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  ; 
})rovided,  that  nothing  herein  shall  be  construed  to  pre- 
vent the  legislature  of  this  commonwealth  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   ]\L1SSACHUSETTS.  29 


CHAPTER    V. 

Section  H. 

TJie  Encouragement  of  Literature,  etc. 

AYisdom  and  knoAvledg'e,  as  well  as  virtue,  diffused  gen-  Dntyof  les^siat- 
erally  among  the  body  of  the  people,  being  necessary  for  igtratesh™-uf 
the  preservation  of  their  rights  and  li]:)erties  ;  and  as  these  y'Jj^^fur'ihe^pi^o- 
depend  on  spreading  the  opportunities  and  advantages  of  ^^^^if/gc^o°ig 
education  in  the  various  parts  of  the  country,  and  among  seeamend- 
the  different  orders  of  the  people,  it  shall  be  the  duty  xvni. 
of  legislatures  and  magistrates,   in  all  future  periods  of  503.   ^^'"^ 
this  commonwealth,  to  cherish  the  interests  of  literature  I'^s  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  agTicultiu-e,  arts,  sciences,  commerce,  trades, 
manufactures,  and  a  natm'al  history  of  the  country  ;   to 
countenance  and  inculcate  the  principles  of  humanity  and 
general  benevolence,  public  and  private  charity,  industry 
and  fi"ugality,  honesty  and  punctuality  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  REYISAL  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  Chi-istian  reli-  Abolished   see 

'  '  '  amendments, 

gion,  and  have  a  firm  persuasion  of  its  truth  ;  and  that  I  Art.  vu. 
am  seised  and  possessed,  in  my  own  right,  of  the  propert}^ 
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  th(^  pres- 


30 


CONSTITUTION   OF   THE 


Declaration  and 
oaths  of  all 
officers. 


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


Oath  of  office. 


and  forever  afterwards  before  the  governor  and 


Proviso.  See 
amendments, 
Art.  VI. 


ence  of  the  two  houses  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 
council  for  the  time  being.] 

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

["  I,  A.  B.,  do  truly  and  sincerely  acknowledge,  profess, 
testify,  and  declare,  that  the  Commonwealth  of  jSIassachu- 
setts  is,  and  of  right  ought  to  be,  a  free,  sovereign,  and 
independent  state  ;  and  I  do  swear,  that  I  Avill  bear  true 
faith  and  allegiance  to  the  said  commonwealtli,  and  that  I 
will  defend  the  same  against  traitorous  conspiracies  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  jm-isdiction,  superiority^  pre- 
eminence, authority,  dispensing  or  other  power,  in  any 
matter,  civil,  ecclesiastical,  or  spiritual,  within  this  com- 
monwealth, except  the  authority  and  power  which  is  or 
ma}^  be  vested  by  their  constituents  in  the  congress  of  the 
United  States  :  and  I  do  fiu-ther  testify  and  declare,  that 
no  man  or  body  of  men  hath  or  can  have  any  right  to 
absolve  or  discharge  me  fi*oni  the  obligation  of  this  oath, 
declaration,  or  affirmation  ;  and  that  I  do  make  this  ac- 
knowledgment, profession,  testimony,  declaration,  denial, 
renunciation,  and  abjuration,  heartily  and  truly,  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  solemnly  swear  and  affirm,  that  I  will 
faithfully  and  impartially  discharge  and  perform  all  the 
duties  incuml3ent  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- 
})ointed  as  aforesaid,  shall  l)e  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  Avords,  ["/cZo 
swear,"  "  and  abjure,'"  "  oath  or,"  "  and  abjuration,"  in  the 
first  oath,  and  in  the  second  oath,  the  words]  '■'■swear 
and,"  and  [in  each  of  them]  the  words  "  So  help  me, 
Gou  ;"  subjoining  instead  thereof,  "  This  I  do  under  the 
pains  and  jjenalties  of  jierjuri/." 

And  the  said  oaths  or  affirmations  shall  be  taken  and  affirma^uo'Ls 
subscribed  by  the  governor,  lieutenant-governor,  and  coun-  ^g°"^/'^'^^"^^" 
cillors,  before  the  president  of  the  senate,  in  the  presence 
of  the  two  houses  of  assembly  ;  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. 

II.     No  governor,  lieutenant-governor,  or  judge  of  the  Plurality  of 
supreme  judicial  court,  shall  hold  any  other  office  or  place,  hibUeVto°gov. 
under  the  authority  of  this  commonwealth,  except  such  as  exceptrltc. 
by  this  constitution  they  arc  admitted  to  hold,  saving  that  ment™Art. 
the  judges  of  the  said  court  may  hold  the  offices  of  justices  ^i^^- 
of  the  peace  through  the  state  ;  nor  shall  they  hold  any 
other  place  or  office,  or  receive  any  pension  or  salary  from 
any  other  state  or  government  or  power  whatever. 

No  person  shall  be  capable  of  holding  or  exercising  at  i^fgn^gll*^'* 
the  same  time,  within  this  state,  more  than  one  of  the  fol- 
lowing offices,  viz.  :  judge  of  probate  —  sherift* — register 
of  probate  —  or  register  of  deeds  ;  and  never  more  than 
any  two  offices,  which  are  to  be  held  by  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  county, 
military  offices,  and  the  offices  of  justices  of  the  peace 
excepted,  shall  be  held  by  one  person. 

No  person  holding .  tlie '  office  of  judge  of  the  supreme  incompatible 
judicial  com^t  —  secretary  —  attorney-general  —  solicitor-  For  further  pro- 
general —  treasurer  or  receiver-general  — judge  of  probate  incompatible 

—  commissary-general  —  [president,  professor,  or  instruc-  °^end^ents 
tor  of  Harvard  Colleo-e]  —  sherifl* — clerk  of  the  house  of  -^l^-'^^^\  „ 

~,    J  .  £•    1        1      Ofticers  of  Har- 

representatives  —  register  ot  probate  —  register  ot  deeds  vard  ooiiege 

—  clerk  of  the  supreme  judicial  court — clerk  of  the  infe-  amendments, 
rior  court  of  common  pleas  —  or  officer  of  the  customs,  ^'"*"* 
including  in   this  description   naval  officers  —  shall  at  the 


32 


CONSTITUTION   OF   THE 


Incompatible 
offices. 


Bribery,  etc., 
disqualify. 


Value  of  money 
ascertained. 


Property  quali- 
fications may 
be  increased. 
See  amend- 
ments, Arts. 
XIII.  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  Mass.  59. 

2  Mass.  .534. 

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


Benefit  of 
habeas  corpux 
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  representati^'es  ;  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  com't,  or  judge  of  probate,  shall 
accept  a  seat  in  council ;  or  anj^  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  briber}^  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  propert}^  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  by  the  governor 
and  attested  b}^  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  au}^  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  the}^  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  by  the  clerk  of 
such  coui't. 

VI.  All  the  laws  which  have  heretofore  been  adopted, 
used,  and  approved  in  the  Province,  Colony,  or  State  of 
Massachusetts  Bay,  and  usually  practised  on  in  the  coiu*ts 
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  AATit  of  habeas 
coiyus  shall  be  enjoyed  in  this  commonwealth,  in  the  most 
free,  easy,  cheap,  expeditious,  and  ample  manner ;  and 
shall  not  be  suspended  by  the  Icgislatiu-e,  except  upon  the 
most  m'gent  and  pressing  occasions,  and  for  a  limited 
time,  not  exceedinn-  twelve  months. 


COMMONWEALTH   OF   MASSACHUSETTS.  33 

Vin.     The  enacting  style,  in  making  and  passing  all  Jtyte"""*"""^ 
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  melft'^contrnued 
form  of  go^'crnment,  all  otiicers,  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  eftect,  sliall  have,  hold,  use,  exercise, 
and  enjoy,  all  the  powers  and  authority  to  them  granted 
or  committed,  until  other  persons  shall  be  appointed  in 
their  stead  ;  and  all  com'ts  of  laAV  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  enjojiuent  and 
exercise  of  all  their  trusts,  emploj^ments  and  authority ; 
until  the  general  cornet,  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  etlectually  to  adhere  to  the  Provision  for 
principles  of  the  constitution,  and  to  correct  those  viola-  stuution.''""' 
tions  which  by  an}"  means  may  be  made  therein,  as  well  provts/onafto 
as  to  form  such  alterations  as  from  experience  shall  be  geTamem?-**' 
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  unincoqiorated  planta- 
tions, directing  them  to  convene  the  qualified  voters  of 
their  respective  towns  and  plantations,  for  the  piu'pose  of 
collecting  then'  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 
thu-ds  of  the  qualified  voters  throughout  the  state,  who  gtiTutionf°° 
shall  assemble  and  vote  in  consequence  of  the  said  pre- 
cepts, are  in  favor  of  such  revision  or  amendment,  the 
general  court  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  deleoates  to  be  chosen  in  the  same  manner 
and  proportion  as  their  representatives  in  the  second 
branch  of  the  legislatm-e  are  b}^  this  constitution  to  be 
chosen.] 


34 


CONSTITUTION   OF    rilE 


preser!in/?and        XT.     Tlils  foriii  of   govoriimeiit  sliall   be  enrolled   on 

coustuution'^'''   })archment,  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  laws  of  this 

commonwealth,  in  all  future  editions  of  the  said  la\vs. 


Bill,  etc.,  not 
approved  within 
tive  dayti,  not  to 
become  a  law, 
if  legislature 
adjourn  in  the 
mean  time. 
3  Mass.  507. 
See  Const.,  Ch. 
I  ,  §  1,  Art.  II. 


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


Proviso. 

112  Mass.  200. 


Qualificatiousof 
voters  for  gov- 
ernor, lieuten- 
ant-governor, 
senators  and 
representatives. 
See  amend- 
ments, Arts. 
XXX.  and 
XXXIl. 
llPick..'').'58,540. 
14  Pick.  341. 
14  Mass.  367. 
5  Met.  102,  298, 
591,504. 


ARTICLES    OF   AMENDMENT. 

Akticle  I.  If  any  bill  or  resolve  shall  be  objected  to, 
and  not  approved  b}'  the  governor ;  and  if  the  general 
court  sliall  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  city  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  ofiicers  under  the  constitution,  and  the 
manner  of  returning  the  votes  given  at  such  meetings. 
Provided,  that  no  such  government  shall  be  erected  or 
constituted  in  any  town  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  purpose.  And  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  tAvent3-one  j^ears  of 
age  and  upwards,  excepting  paupers  and  persons  under 
guardianship,  who  shall  have  resided  within  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  an}"  el(>ction  of  governor,  li(Hit(Miant^goyernor, 
senators,  or  representatives,  [and  who  shall  have  paid, 
by  himself,  or  his  parent,  master,  or  guardian,  any  state 


COMMONWEALTH   OF   MASSACHUSETTS.  35 

or  county  tax,  which  shall,  within  two  years  next  preced-  l^f^li^%^ 
ing  such  election,  have  been  assessed  upon  him,  in  any  597  ' 

O  Till  iViabS.  DVJO, 

town  or  district  of  this  commonwealth  ;   and  also  every  For  educational 
citizen  who   shall  be,   by  law,  exempted  from  taxation,  TeelmeuZ''' 
and  who  shall  he,  in  all  other  respects,  qualified  as  above  Fonnovlsiou*  ' 
mentioned,]  shall  have  a  right  to  vote  in  such  election  of  Zl^e^lVedln" 
governor,   lieutenant-governor,   senators,  and  representa-  ^]^^,^\'^l.^^ 
tives  :  and  no  other  person   shall  be  entitled  to  vote  in  of  war,  see 
such  election.  Arts. xxviii. 

,,     ,,  liij.    -v-i-Trr      ^Hd  XXXI. 

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

Art.  IV.     Notaries  i^ublic  shall  be  aii]:)ointed  by  the  Notarieo pubuc, 

^  •      1  •    •    1       xu  ^°^^  appointed 

governor  m  the  same  manner  as  judicial  oincers  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  ^^e^„?™Art. 
legislatm-e.  xxxvii. 

rin  case  the  ofBce  of  secretary  or  treasurer  of  the  com-  Vacancies  in  the 

L  /    „  J        .  offices  of  secre- 

monwealth  shall  become  vacant  from  any  cause,  during  tary  and  treas- 
the  recess  of  the  general  cornet,  the  governor,  with  the  tw;  clause 
advice  and  consent  of   the  council,   shall   nominate  and  ame';;df^ems7 
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  gen"Si'may  be 
require  the  appointment  of  a  commissary-general,  he  shall  ^Pfg^'gjg'^'  ^° 
be  nominated,  appointed,  and  commissioned,  in  such  man- 
ner as  the  legislatiu'e  may,  by  law,  prescribe. 

All  officers  commissioned  to  command  in  the  militia  Miiitia  officers, 
may  be  removed  from  office  in  such  manner  as  the  legis- 
lature may,  by  law,  prescribe. 

Art.  V.     In  the  elections  of  captains  and  subalterns  ^vho  may  vote 
of  the  militia,  all  the  members  of  theu*  respective  compa-  aubaiternT^^ 
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  ^jli^officers^" 
by  the  constitution,  the  following  oath  shall  be  taken  and  0^®  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 

QiKike?8  may  Provided,  Tliat  when  any  person  shall  be  of  the  denomi- 

«^'""^-  nation  caHed  Quakers,  and  shall  decline  taking  said  oath, 

he  sliall  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 
luider  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  requu-ed  of  the  governor,  lieuten- 
ant-governor, councillors,  senators,  or  representatives,  to 
qualify  them  to  perform  the  duties  of  their  respective  offices. 
of  o°S!™"*^       ^^T.  VIII.      No  judge  of  any  court  of  this  common- 
122 Mass. 4i5,     wealth,    (except  the  com't  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  any  court  in 
this  commonwealth,  (except  the  court  of  sessions,)  nor  the 
attorney-general,  solicitor-general,  county  attorney',  clerk 
of  any  court,  sheriif,  treasurer  and  receiver-general,  reg- 
ister of  probate,  nor  register  of  deeds,  shall  continue  to 
hold  his  said  office  after  beino-  elected  a  member  of  the 
Congress  of  the  United  States,  and  accepting  that  trust ; 
but  the  acceptance  of  such  trust,  b}^  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. 
t(^!viunwn!' ^°      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-thu'ds  of  the  members  of 
the  house  of  representatives  present  and  voting  thereon, 
such  proposed  amendment  or  amendments  shall  be  entered 
on  the  joiu'nals  of  the  two  houses,  with  the  yeas  and  nays 
taken  thereon,  and  referred  to  the  general  court  then  next 
to  be  chosen,  and  shall  be  published  ;  and  if,  in  the  general 
court  next  chosen  as  aforesaid,  such  proposed  amendment 
or  amendments  shall  l)e  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 


COMMONWEALTH   OF   MASSACHUSETTS.  37 

ameiidincnt  or  aincndraents  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  pm-pose,  they  shall  become  part  of 
the  constitution  of  this  commonwealth. 

Art.  X.  The  political  year  shall  begin  on  the  first  commencement 
Wednesday  of  January,  instead  of  the  last  Wednesday  of  year, 
May  ;  and  the  general  court  shall  assemble  every  year  on 
the  said  fii-st  Wednesday  of  January,  and  shall  proceed,  at 
that  session,  to  make  all  the  elections,  and  do  all  the  other 
acts,  Avhich  are  by  the  constitution  required  to  be  made  and 
done  at  the  session  which  has  heretofore  commenced  on  the 
last  AYednesday  of  May.  And  the  general  court  shall  be  ^10^°'^*"°''°''" 
dissolved  on  the  day  next  preceding  the  first  Wednesday 
of  January,  without  any  proclamation  or  other  act  of  the 
governor.  But  nothing  herein  contained  shall  prevent 
the  o-cneral  com-t  from  assembling  at  such  other  times  as 
they  shall  judge  necessary,  or  when  called  together  by  the 
ofovernor.  The  g-overnor,  lieutenant-governor  and  coun- 
cillors,  shall  also  hold  theu'  respective  ofhces  for  one  year 
next  following  the  fii'st  Wednesday  of  Januarj^  and  until 
others  are  chosen  and  qualified  in  theu'  stead. 

[The  meeting  for  the  choice  of  governor,  lieutenant-  clfJic'^^f  g"/^*^® 
o-overnor,  senators,  and  representatives,  shall  be  held  on  ernor,  lieuteu- 

1      T»  r         1  f    iCt  '  1      J.  ant-governor, 

the    second    Monday   ot    JNovember  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  amemimen's''/ 
succeeding  day,   but  no  further.     But  in  case  a  second  ^'■*-^^- 
meeting  shall  be  necessary  for  the  choice  of  representa- 
tives, such  meetings  shall  be  held  on  the  fourth  jNIonday 
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  officers  or  persons  whatever,  that 
have  reference  to  the  last  Wednesday  of  May,  as  the  com- 
mencement of  the  political  year,  shall  be  so  far  altered,  as 
to  have  like  reference  to  the  first  Wednesday  of  January. 

This  article  shall  go  into  operation  on  the  first  day  of  ^''go^^to^^'^ 
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 vear,  when  the  same  shall  go  into  operation,  shall 
hold  their  respective  offices  until  the  fii-st  Wednesday  of 


38  CONSTITUTION   OF   THE 

»rjiiiuarv  then  next  followiiio:,  and  until  others  are  chosen 
and  (iiuililied  in  their  .stead,  and  no  loui2:er  ;  and  the  first 
election  of  the  governor,  lieutenant-governor,  senators,  and 
representatives,  to  be  had  in  virtue  of  this  article,  shall 
be  had  conformably  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. 
provbTionr*  ^^^  ^^^^  provisions  of  the  existing  constitution,  incon- 

annuued.  sistcnt  with  the  provisions  herein  contained,  are  hereby 

M'holly  annulled.. 
free'i^m"  ^^T.   XI.     lustcad  of  tlic  third  article  of  the  bill  of 

established        rio'hts,  the  followino'  modification  and  amendment  thereof 

!>ee  Dec.  of  o  '  O 

Rights,  Art.      is  substituted  :  — 

"As  the  public  worship  of  God  and  instructions  in 
piety,  religion,  and  morality,  promote  the  happiness  and 
prosperity  of  a  people,  and  the  securit}'  of  a  republican 
government;  therefore,  the  several  religious  societies  of 
this  commonwealth,  whether  corporate  or  unincorporate, 
at  an}^  meeting  legally  warned  and  holden  for  that  pur- 
pose, shall  ever  have  the  right  to  elect  their  pastors  or 
religious  teachers,  to  contract  with  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  may  be  thereafter  made,  or  entered 

122  Mass.  40,41.  into  by  such  society  ;  and  all  religious  sects  and  denomi- 
nations, demeaning  themselves  peaceably,  and  as  good 
citizens  of  the  commonwealth,  shall  be  equally  under  the 
protection  of  the  law  ;  and  no  subordination  of  any  one 
sect  or  denomination  to  another  shall  ever  be  established 
by  law." 

biTpoL^to"!^'       Art.  Xn.     [In  order  to  provide  for  a  representation 

taiieninis:;?      fjf  f^\^Q  citlzcns  of  tliis  coiiimon wcaltli,  founded  upon   the 

and  decennially  ...  „  ,.  .,  ii- 

thereafter  principles  oi  e(iuality,  a  census  ot  the  ratable  polls,  in  each 

superseded  by  city,  town,  aiul  district  of  the  commonwealth,  on  the  first 

Art.'xm"^'''  day  of  May,  shall  be  taken  and  returned  into  the  secre- 

ru'|)ersedeVby°  tary's  officc,  in  such  manner  as  the  legislature  shall  pro- 

Art'xxi"**'  vide,  within  the  month  of  May,  in   the  year  of  our  Lord 

Representa-  one  thousaiid  ciiiht  hundred  and  thirtv-seven,  and  in  every 

tives,  how  1       "^        /•  •  1  1  *       /•    A  r  • 

apportioned.  tciith  year  thereafter,  m  the  month  ot  May,  in  manner 
aforesaid  ;  and  each  town  or  cit}'  having  three  hundred  rata- 


COMMONIYEALTH   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  thi-ce  hun- 
dred, one  representative  more. 

Any  town  having  less  than  three  hundred  ratal^le  polls  Towns  having 
shall  be  represented  thus  :  The  whole  number  of  ratable  rltabie'poiis, 
polls,  at  the  last  preceding  decennial  census  of  polls,  shall  gented!'^'^^ 
be  multiplied  by  ten,  and  the  product  divided  by  tlu"ee 
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  fe'preient4d.°^ 
one  or  more  representatives,  with  any  number  of  polls 
beyond  the  necessary  number,  may  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,  within  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        I'  ••,(»>  1        1  1  J  j_  unite  into  repre- 

may,  by  consent  oi  a  majority  oi  the  legal  voters  present  sentative  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  }'ear  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  would  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  detennin"the 
Lord  one  thousand  eight  hundred  and  thu'ty-seven,  accord-  resTntTtiverto' 
ing  to  the  foregoing  principles,  the  number  of  representa-  to^Jy^^ifentitied 
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  r>j  1  J 1  1  •!  1     j^i        raentto  bemade 

3'ears,  thereaiter,  by  the  governor  and  council,  and  the  once  in  every 
number  of  ratable  polls  in  each  decennial  census  of  polls,  **'"J'*'^"- 
shall  determine  the  number  of  representatives,  which  each 


40 


CONSTITUTION   OF  THE 


Inconeietent 

provieiouB 

annulled. 


Census  of  in- 
habitants to  be 
taken  in  1840, 
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, 
rrovisions  as  to 
senators  super- 
seded by  amend- 
ments, Art. 

xxn. 


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 
districtB. 


city,  town  and  repro.^(Mitativo  district  may  elect  as  afore- 
said ;  and  wlien  the  nuiiilK'r  of  represcntatiyes  to  be  elected 
by  each  city,  toAvn,  or  representative  district  is  ascertained 
and  determined  as  aforesaid,  the  goyernor  shall  cause  the 
same  to  be  ])ublislied  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 
Avhollv  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  ever}'  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  fort}^ 
and  every  tenth  year  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  may  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  rei)reseiitati\'e  as  many 
times  within  ten  j^ears  as  the  number  one  hundred  and 
sixty  is  contained  in  the  number  of  the  inhabitants  of  said 
town.  Such  towns  ma}^  also  elect  one  representative  for 
the  year  in  which  the  valuation  of  estates  within  the  com- 
momvealth  shall  be  settled. 

Any  two  or  more  of  the  several  towns  may,  b}'^  consent 
of  a  majority  of  the  legal  voters  present  at  a  legal  meet- 
ing, in  each  of  said  towns,  respectively,  called  for  that 
l)ur})ose,  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 

sucli  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  inhabitants  which  shall  entitle  a  town  Basis  of 

,         1       ,  ;     J  •  1    J 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  sliall  have  increased  to  seven  hundred  and 
seventy  thousand,  and  for  every  additional  increase  of 
seventy  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  Jildcmmcil'to 
council  shall,  before  the  first  day  of  September,  ai)portion  u'^^^^'^er^of*'''' 
the  number  of  representatives  which  each  city,  town,  and  representathes 

01  GtlCU  town 

representative  district  is  entitled  to  elect,  and  ascertain  once  in  every 
how  many  years,  within  ten  years,  any  town  may  elect  a  ^'^^^''''^* 
representative,  which  is  not  entitled  to  elect  one  every 
year  ;  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,  theVeopie  at "^ 
or  as  soon  thereafter  as  may  be,  by  the  joint  ballot  of  the  provisions  as  to 
senators  and  representatives,  assembled  in  one  room,  who  a°per'ededby 
shall,  as  soon  as  may  be,  in  like  manner,  fill  up  any  vacan-  ^^f^^^y?"*^' 
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  inhaliitant  of  this  commonwealth  for  the  ° 
term  of  five  years  immediately  preceding  his   election  ; 
and  not  more  than  one  councillor  shall  be  chosen  from 
any  one  senatorial  district  in  the  commonwealth.] 

No  possession  of  a  freehold,  or  of  any  other  estate,  shall  quaiuk^alion'lor 
be  reiiuired  as  a  qualification  for  holdino-  a  seat  in  either  a  seat  in  general 

1         ,  i  .         ,  '^  .  .  court  or  council 

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

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

Art.  XV.     The  meetino-  for  the  choice  of  governor,  Time  of  annual 

,.  O  •  1      11   election  of  gov- 

iieutenant-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 

roscntativcs  on  that  day,  a  second  meeting  shall  be  holden, 
for  that  piu'posG,  on  the  fourth  Monday  of  the  same  month 
of  November. 
Eight  council-         ^Yrt.  XVI.     Eio-ht  comu'illors  shall  be  annually  chosen 

lort-  to  be  cnoBen  .  .  *  .        .  .        * 

by  the  people,    by  tlic  inluibitants  of  this  commonwealth,  qualified  to  yote 

l'*"^  Mase   595  •' 

598.  *  '  for  governor.  The  election  of  councillors  shall  be  deter- 
mined by  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  fii'st  session  after  each  decennial  state  census 

Legislature  to  thereaftcrwards,  shall  divide  the  commonwealth  into  eight 
districts  of  contiguous  territory,  each  containing  a  number 
of  inhabitants  as  nearly  equal  as  practicable,  without  divid- 
ino;  any  town  or  ward  of  a  city,  and  each  entitled  to  elect 
one  councillor  :  provided,  however,  that  if,  at  any  time,  the 
constitution  shall  provide  for  the  division  of  the  common- 
wealth into  forty  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- 

di^ed.'*^  lature.  No  person  shall  be  eligible  to  the  office  of  coun- 
cillor ^x\\o  has  not  been  an  inhabitant  of  the  commonwealth 
for  the  term  of  five  ^^ears  immediately  preceding  his  elec- 

neTof°e1eSfon    <^ion.   '  The  day  and  manner  of  the  election,  the  retmni  of 

etc-  '   the  votes,  and  the  declaration  of  the  said  elections,  shall 

1)0  the  same  as  are  required  in  the  election  of  governor. 

Vacancies,  how  ["'Whenever  there  shall  be  a  failm-e  to  elect  the  full  num- 

Fornewpro.     ^^.j,  (^f  couucillors,  the  vacaucies  shall  be  filled  in  the  same 

vision  as  to  .  .  ^         ^     .  ... 

vacancies,  see     milliner  as  is  required  for  filling  vacancies  m  the  senate; 

amendments,  -  .  ^       .  iii'Ti  i/-  j.ij.j. 

Art.  XXV.        and  vacancies  occasioned  by  death,  removal  irom  the  state, 

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

Organization  of  b(.    after  sucli  vacaiicics  shall  have  hapijened.l     And  that 

the  government.  '  i    i  •       .i  •       /•  c\\ 

there  may  be  no  delay  in  the  organization  ot  the  govern- 
iiKMit  on  the  first  Wednesday  of  Januarj^  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  b(^  chosen,  to  attend  on  that  day  to  be  (|ualified 
accordingly  ;  and  the  secretary  shall  lay  the  returns  before 
the  senate  and  house  of  representatives  on  the  said  first 
V/ednesday  in  January,  to  be  by  them  examined  ;  and  in 
case  of  the  election  of  either  of  said  oflicers,  the  choice 


COMMON  WE  ALTPI   OF   MASSACHUSETTS.  43 

shall  be  bv  them  declared  and  piil)lished  ;  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.  XVII.      The   secretary,   treasm^er  and  receiver-  Election  of 
general,  auditor,   and  attorney-general,   shall  be  chosen  urerfaualtor,^^' 
annually,   on    the   da}^  in  November   prescribed  for  the  geuefaTby^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  Wednesday  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  governor.     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  Januar}^  next  thereafter,  fi-om 
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,  dm'ing  an  annual  or  special  session 
of  the  general  coui't,  such  vacancy  shall  in  like  manner 
be  filled  by  choice  from  the  people  at  large  ;  but  if  such 
vacancy  shall  occur  at  an}^  other  time,  it  shall  be  supplied 
b}^  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  Ttherwi^e  office 
after  he  could  otherwise  enter  upon  his  duties,  to  qualif)'  vac^i^t.'^'^'^'^'^ 
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  b}'  taxation  in  the  school  moneys 
towns  and  cities  for  the  support  of  public  schools,  and  piied°for  sec'ta- 
all  moneys  which  may  be  a})propriated  by  the  state  for  Fo?ori^'iniT 
the  support  of  common  schools,  shall  be  applied  to,  and  provision  as  to 


44  CONSTITUTIOK   OF   THE 

schools, see  cxpendccl  111,  HO  otlicr  schools  tlian  those  which  arc  con- 
Part  FiWt,  Art.  ductccl  accorcliiig'  to  law,  under  the  order  and  superintend- 
i^Aiien,  500,  cncG  of  thc  authorltics  of  the  town  or  city  in  which  the 
losMass. 94  96.  inonej  is  to  be  expended;  and  such  moneys  shall  never 

be  appropriated  to  any  religious  sect  for  the  maintenance, 

exclusively,  of  its  OAvn  school. 
prXlfbefor"         Art.  XIX.     The  legislature  shall  prescribe,  by  general 
shtr1ffs!'regi°^.    ^^"^^»  ^^r  the  clectiou  of  sheriffs,  registers  of  probate,  [coul- 
ters of  probate,  missioners  of  insolvency,]  and  clerks  of  the  courts,  by  the 
amendments,     peoplc  of  the  scvcral  couutlcs,  and  that  district-attorneys 

Art   XX  XVI  .         .  /^ 

8GraV,i\  '  shall  bc  choscH  by  the  people  of  the  several  districts,  for 
13  Gray,  (4.       ^m^]^  tcriii  of  ofBcc  as  the  legislature  shall  prescribe. 

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

Reading  consti-       Art.  XX.     Xo  pcrsoii  shall  havc  the  right  to  vote,  or 

tution  in  _  i  .         .  g    ,   . 

English  and  ])e  elio'ible  to  office  under  the  constitution  of  this  common- 
writing,  ueces.  ~  1      11  ,1  1  1       i  T     ;1  J 'i     i • 

sary  quaiiflca-  Wealth,  who  shali  uot  DC  aolc  to  read  the  constitution  m 
p?oviso.^'^  '^'^'"  the  English  language,  and  write  his  name  :  provided,  hoiv- 
ficati^ons^sir'*'  Gvev,  that  the  provisions  of  this  amendment  shall  not  apply 
A™f 'liT.^"'"'  ^''^  ^".y  person  prevented  hy  a  physical  disability  from  com- 
See  also  amend-  plyino;  with  its  requisitions,  nor  to  anv  person  who  now 

ments.  Art.  ?  ?*  •     i  " 

XXIII.,  which    has  the  right  to  vote,  nor  to  any  persons  who  shall  be 
amendments,  ^  sixty  ycars  of  agc  or  upwards  at  the  time  this  amendment 
Art.  XXVI.       shall  take  effect^ 
Census  of  legal       Art.  XXI.     A  ccusus  of  the  Ico'al  voters  of  each  citv 

voters  and  oi  ^  ~  • 

inhaijitants,       j^Q(i  towu ,  Oil  tlic  first  day  of  May,  shall  be  taken  and 
etc.  See    '      returned  into  the  office  of  the  secretaiy  of  the  common- 
wealth, on  or  before  the  last  day  of  June,  in  the  year  one 
thousand  eight  hundred  and  fift^—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. 
SativeVtT'^^'      The  hous(^  of  representatives  shall  consist  of  two  hun- 
conKistof24o     clred  and  forty  members,  which  shall  bc  api)ortioned  by 

inemberH.  i        .    i  "  .         ,.  .  ,.  ,  /.  , 

Legislature  to     thc  legislature,  at  its  nrst  session  after  tlie  return  of  each 

apportion,  etc.  ~     ..  (,  ■•  i      ^       ji  i  j.'  i?  j.i 

10  Gray, 613.  enumeration  as  aforesaid,  to  the  several  counties  of  the 
commonwealth,  (Ujually,  as  nearl}^  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- 


COMMOXWEALTH   OF   MASSACHUSETTS.  45 

pose,  as  well  as  in  the  formation  of  districts,  as  hereinafter 
provided,  be  considered  a  part  of  the  county  of  Pljanouth  ; 
and  it  shall  be  the  duty  of  the  secretary  of  the  common-  secretary  shaii 

.  t,  1  iv'''j.'ij.  •!    certify  to  oHi- 

wealth,  to  certit}^  as  soon  as  may  be  atter  it  is  determinea  cers  authorized 
b}^  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 
commissioners  of  other  counties  than  Sulfolk,  —  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  piupose  be  provided  by  law, — 
shall,    on   the  first  Tuesday  of   August  next  after  each  Meeting  for 
assignment  of  representatives  to  each  county,  assemble  at  first  Tuesday 
a  shire  town  of  theii*  respective  counties,  and  proceed,  as  proceldhigs. 
soon  as  ma}^  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  tlie  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  year  at  least  next  preceding  Quaiificatioiisof 
his  election,  shall  have  been  an  inhabitant  of  the  district  i2rMlt8!'59::.r 
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  hy  the  board  creating  the  same,  and  a  descrip-  described 'and 
tion  of  each,  with  the  numbers  thereof  and   the  number  <'«'^^fi<'*^- 
of  legal  voters  therein,  shall  be  returned  by  the  board,  to 
the  secretary  of  the  conunonwealth,  the  county  treasurer 
of  each  county,  and  to  the  clerk  of  every  town  in  each 
district,  to  be  filed  and  kept  in  their  respective  offices. 
The  manner  of  calling  and  conducting  the  meetings  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  Art.'xxxin. 
constitute  a  quorum  for  doing  business  ;  but  a  less  num- 
ber ma}^  organize  temporarily,  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members.] 

Art.  XXII.     A  census  of  the  leo-al  voters  of  each  city  Census  etc 
and  town,  on  the  first  day  of  May,  shall  be  taken  and 


46 


CONSTITUTION   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  office. 
This  article 
annidled  by 
Art.  XXVI. 


Vacancies  in  the 
senate. 


returned  into  the  office  of  the  sccretaiy  of  the  common- 
Avealth,  on  or  before  the  last  day  of  June,  in  the  year  one 
thousand  eight  hundred  and  fifty-seven  ;  and  a  census  of 
tlie  inhabitants  of  each  city  and  town,  in  the  year  one 
thousand  eight  hundred  and  sixty-five,  and  of  every  tentii 
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  city. 
The  enumeration  aforesaid  shall  determine  the  apportion- 
ment of  senators  for  the  periods  betW'een  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 
i'ovty  districts  of  adjacent  territory,  each  district  to  contain, 
as  nearl}^  as  may  be,  an  ecjual  number  of  legal  voters,  ac- 
cording to  the  enumeration  aforesaid  :  2)rovided,  hoivever, 
that  no  town  or  ward  of  a  city  shall  be  divided  therefor ; 
and  such  districts  shall  be  formed,  as  nearly  as  may  be, 
Avitliout  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- 
mon w^ealth  five  years  at  least  immediately  preceding  his 
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  commonw'ealth.  [Not  less 
than  sixteen  senators  shall  constitute  a  quorum  for  doing 
business  ;  but  a  less  number  may  organize  temporarily, 
adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members.] 

Art.  XXIII.  [No  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  years  subsequent  to  his  naturalization,  and  shall 
l)e  otherwise  (pialified,  according  to  the  constitution  and 
laws  of  this  commonwealth  :  pr'ovided,  that  this  amend- 
ment shall  not  affect  the  rights  wdiich  an}^  person  of  foreign 
birth  possessed  at  the  time  of  the  adojjfion  thereof;  and, 
provided,  farf  he  I',  that  it  shall  not  allect  the  rights  of  any 
child  of  a  citizen  of  the  United  States,  born  during  the 
temporary  absence  of  the  parent  therefrom.] 

Akt.  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  case  of  a  vacancy  in  the  council,  from  vacancies  in  the 
a  failiu'e  of  election,  or  other  cause,  the  senate  and  house 
of  representatives  shall,  by  conciu'rent  vote,  choose  some 
eligible  person  from  the  people  of  the  district  wherein  such 
vacancy  occm-s,  to  fill  that  oifice.  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-third 
of  amendment  of  the  constitution  of  this  commonwealth,  amendments 
which  is  as  follows,  to  wit:  '^No  person  of  foreign  birth  '*'>i'^ii«''- 
shall  be  entitled  to  vote,  or  shall  be  eligible  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  commonwealth  :  j)^^ovided,  that  this  amend- 
ment shall  not  afi'ect  the  rights  which  any  person  of  foreign 
birth  possessed  at  the  time  of  the  ado})tion  thereof;  and 
provided,  further,  that  it  shall  not  aflect  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. 

Art.  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  oifice  of  president,  professor,  or  instructor  vard^'wiegef 
of  Harvard  College,  is  hereby  annulled.  ^"""^i'^'^' 

Art.  XXVIII.  No  person  havino-  served  in  the  army  superseded  by 
or  nav}^  oi  the  united  States  in  time  ot  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  commonwealth  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  existing  constitution  inconsistent  with  the 
provisions  herein  contained  are  hereby  annulled. 

Art.  XXX.     No  person,  otherwise  qualified  to  vote  in  voters  not  dis- 
elections  for  governor,  lieutenant-governor,  senators,  and  reasmfof  ^ 
representatives,  shall,  by  reason  of  a  change  of  residence  dencf^uuiiTix 
within  the  commonwealth,  be  disqualified  from  voting  for  ^°e*of*rem^vai. 
said  officers  in  the  city  or  town  from  which  he  has  removed 


48 


CONSTITUTION   OF   THE 


Amendments, 
Art.  XXVIII. 
amended. 


Person  who 
eeived  iu  army 
or  navy,  etc., 
not  disqualilied 
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 
as.-embly  by 
members  of  the 
house,  annulled. 


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  herebj^  amended  by  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  any  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  :  Article 
XXVIII.  No  person  having  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-pa3'ment  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 ill  the  following  words  :  "  and  who  shall  have  paid, 
b}^  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  who 
shall  be,  in  all  other  respects,  qualified  as  above  men- 
tioned ",  is  hereby  annulled. 

Art.  XXXIII.  A  majority  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  da}^,  and  compel  the  attendance  of  absent 
members.  All  the  provisions  of  the  existing  constitu- 
tion inconsistent  with  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  hereb}^  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  assembh',  and  returning  home, 
once  in  every  session,  and  no  more,  shall  be  paid  by  the 
government,  out  of  the  public  treasury,  to  every  mem- 
ber wdio  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  hereby  annulled. 

Art.   XXXVI.     So  much  of  article   nineteen  of  the  Amendments, 
articles  of  amendment  to  the  constitution  ot  the  common-  amended. 
wealth  as  is  contained  in  the  following  words  :   "  commis- 
sioners of  insolvency  ",  is  hereby  annulled. 

Art.  XXXVII.     The  governor,  with  the  consent  of  Ke^mo;^ai^f^^^^ 
the  council,  may  remove  justices  of  the  peace  and  notaries 
public. 


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  was  submitted  to  the  people,  to  be  adopted  by  them, 
provided  two-thirds  of  the  votes  given  should  be  in  the  affirmative. 
When  the  convention  assembled,  it  was  found  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  sul^mitted,  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  political 
years  1829-30  and  1830-31,  respectively,  and  was  approved  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  tlie  politi- 
cal years  1839  and  1840,  respectively,  and  was  approved  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. 


50  CONSTITUTION   OF    THE 

The    twentieth,    twenty-first,    and    twenty-second  Articles  were 

adopted  by  the  legislatures  of  the   political  years  1856  and  1857, 

respectively,  and   ratilied  by  the  people  on  the   first  day  of  May, 
1857. 

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  twenty-fifth  Articles  were  adopted  by  the 
lef;islatiires  of  the  political  years  1859  and  1860,  and  ratified  by  the 
people  on  the  seventh  day  of  May.  1860. 

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

The  twenty-seventh  Article  was  adopted  l)y  the  legislatures  of  the 
l)olitical  years  1876  and  1877,  and  was  approved  and  ratified  by  the 
people  on  the  sixth  day  of  November,  1877. 

The  twenty-eighth  Article  was  adopted  by  the  legislatures  of  the 
political  years  1880  and  1881,  and  was  approved  and  ratified  by  the 
peo])le  on  the  eighth  day  of  November,  1881 

The  twenty-ninth  Article  was  adopted  by  the  legislatures  of  the 
political  3'eai's  1881  and  1885,  and  was  approved  and  ratified  by  the 
people  on  the  third  day  of  November,  1885. 

The  thirtieth  and  thirty-first  Articles  w'ere  adopted  by  the  legis- 
latures of  the  political  years  1889  and  1890,  and  were  approved  and 
ratified  by  the  peojile  on  the  fourth  day  of  November,  1890. 

The  thirty-second  and  thirty-third  Articles  were  adopted  by  the 
legislatures  of  the  political  years  1890  and  1891,  and  were  approved 
and  ratified  by  the  people  on  the  third  day  of  November,  1891. 

The  thirty-fourth  Ai'ticle  was  adopted  by  the  legislatures  of  the 
political  years  1891  and  1892,  and  was  approved  and  ratified  by  the 
people  on  the  eighth  day  of  November,  1892. 

The  thirty-fifth  Article  w^as  adopted  by  the  legislatures  of  the 
political  years  1892  and  1893,  and  was  approved  and  ratified  by  the 
people  on  the  seventh  day  of  November,  1893 

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


COMMONWEALTH   OF   MASSACHUSETTS.  51 

The  thirty-seventh  Article  was  adopted  by  the  legislatures  of  the 
political  years  1906  and  1907,  and  was  approved  and  ratified  by  the 
people  on  the  fifth  day  of  November,  1907. 


[A  proposed  Article  of  Amendment  prohibiting  the  manufacture 
and  sale  of  Intoxicating  Liquor  as  a  beverage,  adopted  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  elec- 
tions 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,  were  rejected  by  the  people  at  the 
annual  election  held  on  the  third  day  of  November,  1896.] 


INDEX  TO  THE  CONSTITUTION. 


INDEX  TO  THE  CONSTITUTION. 


A. 


Pa<?e 


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

removed  by  governor  with  consent  of  council  upon,  .         26 

Adjutant-general,  ajjpointed  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,  ^jroposed  in  the  general  court, 
agreed  to  by  a  majority  of  senators  and  two-thirds  of 
house  present  and  voting  thereon  by  yens  and  naj's  ;  en- 
tered upon  the  journals  of  both  houses,  and  referred  to 
the  next  general  court ;  if  the  next  general  court  agrees 
to  the  proposition  in  the  same  manner,  and  to  the  same 
effect,  it  shall  be  submitted  to  the  people,  and,  if  approved 
by  them  by  a  majority  vote,  becomes  a  j^art  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  peoj^le  to  keep  and  to  bear,  for  public  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  from  third  Wednesday  in  January 

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

in  failure  of  election  bj'  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  tlie  liighest  number 
of  votes  at  November  election,   ......        43 


56  INDEX   TO   THE    COXSTITUTIOX. 


Page 


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

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

not  elijjible,  imless  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  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  until  another  is  chosen  and  qualified,        43 

election  determined  by  legislatiu'e, 43 

vacancy  tilled  in  same  manner  as  in  office  of  attorney-general,         43 

not  eligible,  vmless  an  inhabitant  of  the  state  for  five  j^ears 

next  preceding  election, 43 

office  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  Avriting,  to  l)e   returned   to 
branch  in  which  originated,  and  may  be  passed  by  two- 
thirds  of  each  branch  present  and  voting  thereon  by  yeas 

and  nays, 

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

belbre  that  time  expires, 

Boards,  pul)lic,  to  make  quarterly  reports  to  the  governor,    . 

Body  politic,  formation  and  nature  of, 

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


10 


11,34 

22 

3 

10 


C. 

Census  of  ratable  polls, 38 

of  inhal)itants, 40,  44,  45 

of  inhal)itants  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   COXSTITUTIOX.  57 

Page 
Cities,  may  be  chartered  by  the  general  court,  if  containing  twelve 
thousand  iuliabitants    and  consented  to  by  a  majority 
thereof,        ..........        34 

Civil  othcers,  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  people  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 

Commei-ce,  agricultiu'e  and  the  arts,  to  be  encouraged,  ...  29 
Commissary-general,  ajipointed  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 

membei's  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 
u^jon  the  journals  of  both  houses,  and  referred  to  the  next 
general  court;  if  the  next  general  court  agrees  to  the 
proposition  in  the  same  manner  and  to  the  same  effect,  it 
shall  be  submitted  to  the  people,  and,  if  approved  by  them 
by  a  majority  vote,  becomes  a  part  of  the  constitution,      .  36,  37 

Constitution,  i^rovisions  for  revising, 33,36 

to  be  enrolled  on  pai'chment,  deposited  in  secretary's  office, 

and  i^rinted  in  all  editions  of  the  laws,       ....         34 

Coroners, .         21 

Corruption  or  bribery  iised  in  procuring  any  appointment  or  elec- 
tion, to  disqualify  from  holding  any  office  of  trust,  etc.,   .         32 
Coimcil,  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 


58  INDEX   TO   THE   CONSTITUTION. 

Page 
Council,  no  property  qualification  required,    .....        41 
eight  districts  to  be  formed,  each  composed  of  five  contiguous 

senatorial  districts, 42 

eligible  to  election  if  an  inhabitant  of  state  for  five  years  pre- 
ceding election,  .........         42 

term  of  oflice, 37 

vacancy  to  be  filled  by  election  of  a  resident  of  the  district  by 
concurrent  vote  of  the  senate  and  liouse  ;  if  legislature  is 
not  in  session,  to  be  filled  by  governor  with  advice  of 

council, 47 

Court,  superior,  judges  not  to  hold  certain  other  offices,         .         .        36 
Court,  supreme  judicial,  judges  to  have  honorable  salaries  fixed 
by  standing  laws,  and  to  hold  office  during  good  be- 
havior,          9,23 

judges  not  to  hold  certain  other  offices, 36 

to  give  opinions  upon  important  questions  of  law,  etc.,  when 
required  by  either  branch  of  the  legislature  or  by  the 
governor  and  council,  .......         26 

Courts,  clerks  of,  elected  by  the  people  of  the  several  counties,      .        44 

Courts,  probate,  i^rovisions  for  holding, 26 

registers  elected  by  the  people  of  the  several  counties,    .         ,        44 
Courts  and  judicatories  may  be  established  by  the  general  court,  .        11 

may  administer  oaths  or  afilrmations, 11 

Crimes  and  offences,  prosecutions  for,  regulated,    ....  7 

Crimes  to  be  proved  in  the  vicinity  of  where  they  happen,     .        .  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  l)y  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  comiuissioners  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  bj^  the  consti- 
tution, to  be  by  plurality  of  votes,      41 


seat  in  the 


41 


INDEX   TO   THE   CONSTITUTIOX.  59 

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  November,         .         .         .         .         .  41, 42 

Election  returns, 13,42 

Enacting  style  of  laws,  established, 33 

Equality  and  natiu'al  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 

£'a:po5i/acto  laws,  declared  unjust  and  oppressive,         ...  9 

F. 

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

Fines,  excessive,  not  to  be  imposed. 

Frame  of  government,       ...... 

Freedom  of  speech  and  debate  in  the  legislature,    . 

Freehold,  possession  of,  not  required  as  qualification  for 
general  court  or  council,     .... 
possession  of,  by  governor,  provision  requiring,  annulled,       ■         48 

Fundamental  principles  of  the  constitution,  a  frequent  recurrence 

to,  recommended, 8 

G. 

General  court,  to  assemble  frequently  for  redi'ess  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  and  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 


60 


INDEX  TO   THE   CONSTITUTION, 


Page 
General  court,  judicial  officers  may  be  removed  upon  address  of,  .        26 
person  convicted  of  bribery,  not  to  hold  seat  in,        ...         32 
may  increase  jjroperty  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  presenile  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  supreme  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 

ma}'  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  pres- 
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,  jiowers 

to  be  exercised  by  the  council,   ......        25 

with  advice  of  council,  may  adjourn  or  jirorogue  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  ap- 
pointment,  21,35 


INDEX   TO   THE   COXSTITUTION.  61 

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,         .         .         -14, 42 
may  punish  persons  giiilty  of  disrespect,  etc.,  by  imprison- 
ment not  exceeding  thirt}-  days, 17, 18 

quorura  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  deputy, 26 


H. 

Habeas  corpus,  privilege  of  writ  to  be  enjoyed  in  the  most  ample 
manner,  and  not  to  be  suspended  by  legislature  except 
upon  most  urgent  occasions,       ......         32 

Harvard  College,  powers  and  i^rivileges,  gifts,  grants  and  convey- 
ances confirmed, .         .  27, 28 

board  of  overseers  e.stablished,  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  instructed  by  the  people,  8 

a  I'epresentation  of  the  people  annually  elected  and  founded 

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

may  impose  fines  upon  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  propose  or 

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

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

quorum  of, 17,45,48 

to  choose  officers,  establish  its  rules,  etc., .....         17 
may  punish  ])y  imprisonment,  not  exceeding  thirty  days,  per- 
sons guilty  of  disrespect,  etc. ;  trial  may  be  by  committee,  17, 18 


62  INDEX  TO   THE   CONSTITUTION. 

Page 
House  of  representarives,  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  ujjon  important  questions  of  law,  and  upon 
solemn  occasions, 26 

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

first  ]\Ionday  of  Kovember, 41 

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

Monday  of  Novemljer, 41,  42 

to  consist  of  two  hundred  and  forty  members,  apportioned  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  w' ard  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 


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 

J. 

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.,  Avhen 
requii'ed  by  the  governor  and  council,  or  either  branch  of 

legislature, 26 

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

Judicatories  and  courts,  may  be  established  by  the  general  court, .         11 
may  administer  oaths  or  affirmations,        .....         11 

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


INDEX   TO   THE   CONSTITUTION.  63 


Judicial  officers,  appointed  by  tlie  governor  with  consent  of  council  ; 

nominations  to  be  made  seven  days  prior  to  appointment,        21 
to  liold  ollice  during  good  beliavior,  except  when  otherwise 

provided  by  the  constitution, 26 

may  be  removed  from  office  by  tlie  governoi',  upon  tlae  address 

of  both  liouses  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 
removal  of,  from  otlice, 49 

L. 

Law-martial,  only  those  employed  in  the  army  and  navy,  and  the 
militia  in  actual  service,  subject  to,  except  by  authority 

of  the  legislature, 9 

Laws,  every  i^erson  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  unjust  and  inconsistent  with  free 

government, 9 

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

Legislative  jjower, 9 

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

Legislature  (see  General  Court). 

Liberty  of  the  press,  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  jjresident  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  jjres- 

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,         ...  6 

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  tlieir  aids,      .        .         .         .         .         .         .         .  22 

Marriage,  divorce  and  alimony, 27 


64 


INDEX   TO   THE   CONSTITUTION. 


Martial  law,  only  those  employed  in  the  army  and  navy,  and  the 
militia  in  actual  service,  subject  to,  excejJt  by  authority 
oi' 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  ofiicers,  ..... 

majoi'-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  Avith  advice  of  council 

may  appoint  officers, 

officers  commissioned  to  command  may  be  removed  as  may 

be  prescribed  by  law, 

ap25oiutnient  of  stafi"  officers,      ...... 

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

mentioned  in  the  constitution,  to  he  computed  in  silver  at  six 
shillings  and  eight  pence  per  ounce, .... 

Money  bills,  to  originate  in  hoiise  of  representatives. 

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

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


21 
21,35 
35 
21 
21 

21 
21 

22 

22,  35 

22 
22 
22 

32 
17 

43 
8 
8 


Notaries  public,  to  be  appointed  by  governor  with  advice  of  coun- 
cil,       .         .         . 25,35 

how  removed,     .        .        .        . 35, 49 


o. 


irts  and  judica- 

11 

29,  30,  31,  35 

.     29,  30,  35 

30,36 


Oaths  and  affirmations,  may  be  administered  b\-  co 
tories, 

how  and  by  whom  taken  and  subscribed, 

forms  of, 

Quakers  may  affirm 

to  be  taken  by  all  civil  and  military  officers. 

Objects  of  government, 

Ottenees  and  crimes,  prosecutions  for,  regulated, 

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

Office,  rotation  in,  right  secured 

all  persons  having  the  prescribed  qualifications  equally  eli 
gible  to, 


35 
3,6 

7 

32 

6 


INDEX   TO   THE   CONSTITUTION.  65 

Page 
Office,  no  person  eligible  to,  unless  they  can  read  and  write,  .  44 
Officers,  civil,  legislature  mav  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,  v.'ith  consent  of  council,  upon 

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

Officers  of  former  government,  continued, 33 

Officers  of  the  militia,  election  aud  ajipointment  of,         ...         21 

removal  of, 22,  35 

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

Offices,  plurality  of,  pi'ohibited  to  governor,  lieutenant-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  keejj  and  to  1)ear  arms  for  the  public  defence,  8 
have  a  right  to  assemble  to  consult  upon  the  common  good,  to 

instruct  their  repi"esentatives,  and  to  petition  legislature,  8 

Person  and  property,  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,  ratal  lie,  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  peojile  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  offences  regulated,       ....  7 
Provincial  laws,  not  repugnant  to  the  constitution,  continued  in 

force, 32 


66  IXDEX  TO   THE   CONSTITUTION. 

Page 
Public  boards  and  certain  officers  to  make  quarterly  reports  to  the 

governor, 22 

Public  officers,  right  of  peojile  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  unusual,  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,  property,  of  governor,  abolished,       ....         48 

Qualification,  property,  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  representatives, 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  present, 25 

Registers  of  ^jrobate,  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  Ijy  law, 5,  38 

Religious  societies,  may  electtheirown  pastors  or  religious  teachers,  5,  38 

membership  of,  defined, 38 

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

worship, 4, 5, 38 


INDEX   TO   THE   CONSTITUTION.  67 

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

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

Retm-ns  of  votes, 13,19,42,43 

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


s. 

Sailors  and  soldiers,  who  have  served,  etc.,  during  time  of  war,  not 
disqualitied  from  voting  on  account  of  nou-iDayment  of 

poll  tax, 48 

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

governor, 23 

permanent  and  honorable  salaries  to  be  established  for  tlie 
justices  of  the  sujireme  judicial  court,  and  to  be  enlarged 

if  not  sufficient, 9,  23 

School  moneys,  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,  regulated,        ....  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  jierson 
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  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  within  ten  daj's, 43 

records  of  commonwealth  to  be  kept  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  which  the  county  is 
entitled, 45 


08  INDEX  TO   THE   CONSTITUTION. 

rage 
Sectarian  schools,  not  to  be  maintained  at  pu1)lic  expense,     .        .        44 
Selectmen,  to  preside  at  town  meetings,  elections,  etc.,  ...        13 
Self-government,  right  of,  asserted, .......  6 

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  offences  ;  trial  may  be  by  committee, .         18 
may  requii'e  the  attendance  of  the  secretary  of  the  common- 
wealth in  person  or  by  deputy,  ......         26 

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

solemn  occasions, 26 

to  enter  objections,  made  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 

Sheriffs,  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  ofiice  during  good  behavior,  .     9,  23 
to  give  opinions  upon  irajjortant  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.  69 

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  imposed  by  the  legislature, ......         12 

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

years, 12 

Tenui'e  that  all  commission  officers  shall  by  law  have  in  their 

offices,  shall  be  expi'essed  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  j^aid  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  govei-nor,  ....  43 
not  eligible,  unless  an  inhabitant  of  the  state  for  five  years 

next  preceding  election  or  appointment,   ....         43 
no  man  eligible  more  than  live  years  successively, .         .         .  25,  26 
in  failure  of  election  by  voters,  or  in  case  of  decease  of  jierson 
elected,  vacancy  to  be  lilled  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  appointment,  with  advice  and  con- 
sent of  the  council,      35,43 

office  to  be  deemed  vacant  if  person  elected  or  ai^pointed  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,  excej)!  in  army  and  navy,  .  7 


70  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  offices  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  faihare 
to  elect,  filled  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  ballot 

of  legislature  from  people  at  large, 43 

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

governor,  by  appointment,  Avith  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  representatives,  .       13,  17,  34,  44,  4G,  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,  Avho  have  paid  a  state  or  county  tax  within  two 
years  next  preceding  the  election  of  state  officers,  and 
such  as  are  exempted  liy  law  from  taxation,  but  in  other 
respects  qualified,  and  who  can  write  their  names  and 
read  the  constitution  in  the  J^nglish  language,  .      17, 34,  44 

the  basis  upon  which  the  apportionment  of  re2)resentatives 

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  oHiccrs, 41 

Voting  precincts  in  towns,        ........         47 


INDEX   TO   THE   CONSTITUTION.  71 


Worship,  public,  the  right  and  duty  of  all  men,       ....  4 

Writ  of  habeas  corpus,  to  be  enjoyed  in  the  most  free,  easy,  cheap 
and  expeditious  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  ^Vednesday  of  January,     ,        .        37 


ACTS  AND  EESOLTES 


MASSACHUSETTS. 


1908. 


|^=  The  General  Court  of  the  year  nineteen  hundred  and  eight  assembled 
on  Wednesda}-,  the  first  day  of  .January.  Tlie  oaths  of  olhce  were  taken  and 
siiljscribed  by  His  Excellency  Cuutis  Guild,  Jr.,  and  His  Honor  Eben  S. 
Draper,  on  Thursday,  the  second  day  of  January,  in  the  presence  of  the  two 
Houses  assembled  in  convention. 


ACTS. 


An  Act  making  appropriations  for  the  compensation  (J]i(xp,     1 

OF  THE  MEMBERS  OF  THE  GENERAL  COURT,  FOR  THE 
COMPENSATION  OF  THE  OFFICERS  THEREOF,  AND  FOR 
EXPENSES  IN   CONNECTION   THEREWITH. 

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

Section  1.    Tlie  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  out  of  the  treasury  of  the  common- 
weahh  from  the  ordinary  revenue,  for  the  purposes  speci- 
fied,  for  the  fiscal  year  ending  on  the  thirtieth   day  of 
November,  nineteen  hundred  and  eight,  to  wit:  — 

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

For   compensation    for   travel    of   senators,    a    sum   not  Travel. 
exceeding  thirty-two  himdred  dollars. 

For  the  compensation  of  representatives,  one  hundred  Jlvercompen- 
eighty  thousand  seven  liundred  and  fifty  dollars.  sation. 

For  compensation  for  travel  of  representatives,  a  sum  Travel. 
not  exceeding  nineteen  thousand  dollars. 

For  the  salaries  of  the  assistant  clerks  of  the  senate  and  ^Irks^'^inate 
house  of  representatives,  four  thousand  dollars.  and  house. 

For  the  salary  of  Henry  D.  Coolidge,  clerk  of  the  senate,  cierk  of  the 
thirty-five  hundred  dollars. 

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

For  the  salary  of  James  W.  Kimball,  clerk  of  the  house  cierk  of  the 
of  representatives,  thirty-five  himdred  dollars. 

For  such  additional  clerical  assistance  to  the  clerk  of  the  cierfca^  ^ 
house  of  representatives  as  may  be  necessary  for  the  proper 
despatch  of  public  business,  a  sum  not  exceeding  twenty- 
five  hundred  dollars. 


Acts,  1908.  — Chap.  1. 


Chaplains. 

Sergeant-at- 
arms. 

First  clerk. 

Cashier. 

Expenses. 


Doorkeepers, 
etc. 


Assistant  door- 
keepers, etc. 


Printing  and 
binding. 


Manual. 


Senate 
stationery. 


House 
stationery. 


Sergeant-at- 
arms,  sta- 
tionery, etc. 


Contingent 
expenses. 


Expenses  of 
committees. 


Advertising 

committee 

hearings. 


For  the  compensation  of  the  chaphiins  of  the  senate  and 
house  of  representatives,  six  hundred  dollars. 

For  the  salary  of  the  sergeant-at-arms,  thirty-five  hun- 
dred dollars. 

For  the  salary  of  the  first  clerk  in  the  office  of  the 
sergeant-at-arms,  twenty-two  hundred  dollars. 

For  the  salary  of  the  cashier  of  the  sergeant-at-arms,  a 
sum  not  exceeding  one  thousand  dollars. 

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

For  the  salaries  of  the  doorkeepers  of  the  senate  and 
house  of  representatives,  and  the  postmaster,  forty-two  hun- 
dred dollars. 

For  the  compensation  of  assistant  doorkeepers,  messen- 
gers and  pages  to  the  senate  and  house  of  representatives, 
a  sum  not  exceeding  twenty-nine  thousand  dollars. 

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-eight  thousand 
dollars. 

For  printing  and  binding  the  manual  for  the  general 
court,  under  the  direction  of  the  clerks  of  the  senate  and 
house  of  representatives,  a  sum  not  exceeding  five  thousand 
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  one  thousand 
dollars. 

For  books,  stationery,  postage,  printing  and  advertising, 
ordered  by  the  sergeant-at-arms,  a  sum  not  exceeding  twelve 
hundred  dollars. 

For  contingent  expenses  of  the  senate  and  house  of 
representatives,  and  necessary  expenses  in  and  about  the 
state  house,  a  sum  not  exceeding  five  thousand  dollars. 

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  fifteen 
thousand  dollars. 

For  expenses  of  advertising  hearings  of  the  committees 
of  the  present  general  court,  to  include  expenses  of  prepar- 
ing and  mailing  the  advertisements  to  the  various  news- 
papers, a  sum  not  exceeding  ten  thousand  dollars. 


Acts,  1908.  — Chap.  2.  5 

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

For  expenses  in  connection  with  the  publication  of  the  Publication  of 
bulletin  of  committee  hearings,  a  sum  not  exceeding  forty- 
five  hundred  dollars. 

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

Approved  January  9,  1908. 


Chap. 


An  Act  making  appropriations  for  deficiencies  in 
appropriations  for  sundry  institutions  for  the 
year  nineteen  hundred  and  seven. 

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  common-  **°°^' 
wealth  from  the  ordinary  revenue,  for  certain  exi3enses  in 
excess  of  appropriations  therefor  at   sundry  institutions 
during  the  year  nineteen  hundred  and  seven,  to  wit :  — 

For  the  maintenance  of  the  state  sanatorium,  the  sum  state 
of  twenty  thousand  five  hundred  seventy-eight  dollars  and  ^''•"'^t°""'^- 
fifteen  cents. 

For  the  maintenance  of  the  Worcester  insane  hospital,  Worcesterin- 

...  ,  -,„  ,  ii'in  1    sane  hospital. 

the  sum  of  nineteen  thousand  four  hundred  six  dollars  and 
nine  cents. 

For  the  maintenance  of  the  Westborough  insane  ho.siutal,  >vesthorough 

,  o.  .J'    insane   hos- 

tile sum  of  fifteen  thousand  six  hundred  sixty-six  dollars  P'tai. 

and  fifty  cents. 

For  current  expenses  at  the  state  farm,  the  sum  of  four-  state  farm. 
teen  thousand  one  hundred  seventy-six  dollars  and  one  cent. 

For  current  expenses  at  the  state  hospital,  the  sum  of  ^''^"^  hospital, 
eleven   thousand   seven   hundred   sixty-seven   dollars    and 
thirty-seven  cents. 

For  tlie  maintenance  of  the  Foxborough  state  hospital,  Jtateho°pftai. 
the  sum  of  seven  thousand  seven  hundred  forty-five  dollars 
and  one  cent. 

For  the  maintenance  of  the  Worcester  insane  asylum,  Worcester  in- 
the  sum  of  thirty-six  hundred  twenty-three  dollars  and  ^^"^  ^^^ """' 
eighty-five  cents. 

For  the  maintenance  of  the  Massachusetts  School  for  the  Massachusetts 
Feeble-Minded,  the  sum  of  twenty-five  hundred  thirty  dol-  Feebie- 
lars  and  sixty-eight  cents. 

For  current  expenses  at  the  industrial  school  for  girls,  industrial 
the  sum  of  twenty-three  hundred  seventy-six  dollars  and  girls, 
sixtv-three  cents. 


Acts,  1908.  — Chap.  3. 


Lyman  school 
for  boys. 


Industrial 
school  for 
giris. 


For  enrrent  expenses  at  the  Lyman  school  for  boys,  the 
sum  of  two  thousand  forty-one  dollars  and  forty-four  cents. 

For  exjDenses  in  connection  with  the  erection  of  buildings 
at  the  state  industrial  school  for  girls,  the  sum  of  ninety- 
four  dollars  and  fifty  cents. 

Section  2.  This  act  shall  take  effect  upon  its  passage. 
Approved  January  17,  1908. 


Chap.    3 


Appropria- 
tions. 


Governor. 

Lieutenant 
governor  and 
council. 


Travelling 
expenses. 

Private  secre- 
tary to 
governor. 

Executive 
secretary. 

Executive 
stenographer. 

Clerical 
assistance. 

Executive 
messenger. 

Assistant 
messenger. 

Expenses  of 
the  executive 
department. 

Postage, 
printing,  etc. 


Expens^es  of 
the  governor 
and  council. 


An  Act  making  appeopriations  for  salaries  and  ex- 
penses IN  the  executive  department  of  the  com- 
monwealth. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  he  ])aid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  purposes  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  jSTovember, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salary  of  the  governor,  eight  thousand  dollars. 

For  the  compensation  of  the  lieutenant  governor,  two 
thousand  dollars,  and  for  that  of  the  executive  council, 
sixty-four  hundred  dollars. 

For  travelling  expenses  of  the  executive  council,  a  sum 
not  exceeding  one  thousand  dollars. 

For  the  salary  of  the  private  secretary  of  the  governor, 
twenty-five  hundred  dollars. 

For  the  salary  of  the  executive  secretary,  twenty-five 
hundred  dollars. 

For  the  salary  of  the  executive  stenographer,  a  sum  not 
exceeding  fifteen  hundred  dollars. 

For  clerical  assistance  for  the  executive  department,  a 
sum  not  exceeding  one  thousand  dollars. 

For  the  salary  of  the  executive  messenger,  twelve  hun- 
dred dollars. 

For  the  salary  of  the  assistant  executive  messenger,  eight 
hundred  dollars. 

For  contingent  expenses  of  the  executive  department,  a 
sum  not  exceeding  three  thousand  dollars. 

For  postage,  printing  and  stationery  for  the  executive 
department,  a  sum  not  exceeding  twelve  hundred  dollars. 

For  travelling  and  contingent  expenses  of  the  governor 
and  council,  a  sum  not  exceeding  twenty-five  hundred 
dollars. 


Acts,  1908.  — Chap.  4.  7 

For  postage,  printing  and  stationery  for  the  execntive  Postage, 
council,  a  sum  not  exceeding  five  hundred  dollars.  printing,  etc. 

For  the  payment  of  extraordinary  expenses,  to  be  ex-  Extraordinary 
pended  under  the  direction  of  the  governor  and  council,  a  ^^p®"^^- 
sura  not  exceeding  fifteen  thousand  dollars. 

For  the  preparation  of  tables  and  indexes  relating  to  the  Tables  and 
statutes  of  the  present  year  and  previous  years,  a  sum  not  statlTt^ls!" 
exceeding  five  hundred  dollars. 

For  expenses  incurred  in  the  arrest  of  fugitives  from  Arrest  of 
justice,  a  sum  not  exceeding  one  thousand  dollars.  "^'  *^^^' 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  January  22,  190S. 


Chap, 


An  Act  makixg  appropriations  for  salaries  and  ex- 
penses IN  THE  DEPARTMENT  OF  THE  TREASURER  AND 
RECEIVER  GENERAL. 

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  fiscal  year  ending  on  the  thirtieth  day  of  iSTovember, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salary  of  the  treasurer  and  receiver  general  of  Treasurer. 
the  commonwealth,  five  thousand  dollars. 

For  the  salary  of  the  first  clerk  in  the  treasurer's  depart-  First  clerk, 
ment,  twenty-six  hundred  dollars. 

For  the  salary  of  the  second  clerk  in  the  treasurer's  de-  Second  clerk, 
partment,  twenty-one  hundred  dollars. 

For  the  salary  of  the  third  clerk  in  the  treasurer's  de-  Third  clerk, 
partment,  eighteen  hundred  dollars. 

For  the  salary  of  the  receiving  teller  in  the  treasurer's  Receiving 
department,  eighteen  hundred  dollars.  **'"''''■ 

For  the  salary  of  the  paying  teller  in  the  treasurer's  Paying  teller. 
department,  eighteen  hundred  dollars. 

For  the  salary  of  the  assistant  paying  teller  in  the  treas-  Assistant 
urer's  department,  one  thousand  dollars.  paying 

For  the  salary  of  the  cashier  in  the  treasurer's  depart-  Cashier. 
ment,  twenty-two  hundred  dollars. 

For  the  salary  of  the  assistant  bookkeeper  in  the  treas-  .■Assistant 
urer's  department,  fifteen  hundred  dollars. 

For  the  salary  of  the  fund  clerk  in  the  treasurer's  de-  Fund  clerk, 
partment,  fifteen  hundred  dollars. 


Acts,  1908.  — Chap.  5. 


Files  clerk. 

Stenographer. 

Messenger. 


Clerical 
assistance. 


Contingent 
expenses. 

Tax  on  col- 
lateral legacies, 
etc. 


For  the  salary  of  the  files  clerk  in  the  treasurer's  depart- 
ment, nine  hundred  dollars, 

For  the  salary  of  the  stenographer  in  the  treasurer's 
department,  nine  hundred  dollars. 

For  the  salary  of  the  messenger  in  the  treasurer's  de- 
partment, nine  hundred  dollars. 

For  such  additional  clerical  assistance  in  the  treasurer's 
department  as  may  be  necessary  for  the  despatch  of  public 
business,  a  sum  not  exceeding  thirty-five  hundred  dollars. 

For  incidental  and  contingent  expenses  in  the  treasurer's 
department,  a  sum  not  exceeding  four  thousand  dollars. 

For  such  expenses  as  the  treasurer  and  receiver  general 
may  find  necessary  in  carrying  out  the  provisions  of  the 
act  imposing  a  tax  on  collateral  legacies  and  successions,  a 
sum  not  exceeding  three  thousand  dollars. 

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

Approved  January  22,  1908. 


Chap.    5 


Appropria- 
tions. 


Auditor. 
First  clerk. 


Second  clerk. 


Additional 
clerks,  etc. 


Messenger. 


State  printing 
expert. 


An  Act  making  appropriations  for  salaries  and  ex- 
penses IN  the  department  of  the  auditor  of  the 

COMMONWEALTH. 

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  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit:  — 

For  the  salary  of  the  auditor,  five  thousand  dollars. 

For  the  salary  of  the  first  clerk  in  the  auditor's  departr 
ment,  twenty-five  hundred  dollars. 

For  the  salary  of  the  second  clerk  in  the  auditor's  de- 
partment, twenty-two  hundred  dollars. 

For  additional  clerks,  examiners,  stenogra])hor3  and  such 
additional  clerical  assistance  as  the  auditor  may  find  neces- 
sary for  the  proper  despatch  of  public  business,  a  sum  not 
exceeding  fourteen  thousand  dollars. 

For  the  salary  of  the  messenger  in  the  auditor's  depart- 
ment, nine  hundred  dollars. 

For  the  compensation  of  a  state  printing  expert,  a  sum 
not  exceeding  fifteen  hundred  dollars. 


Acts,  1908.  — Chap.  6.  9 

For  incidental  and  contingent  expenses  in  the  depart-  Expenses, 
ment  of  the  auditor,  a  sum  not  exceeding  fifteen  hundred 
dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  January  22,  1908. 

An  Act  making  appeopriations  for  salaries  and  ex-  QJidj)      Q 
PENSES  in  the  department  of  the  secretary  of  the 

COMMONWEALTH. 

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  fiscal  year  ending  on  the  thirtieth  day  of  ISTovember, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salary  of  the  secretary  of  the  commonwealth,  Secretary, 
five  thousand  dollars. 

For  the  salary  of  the  first  clerk  in  the  secretary's  depart-  First  clerk, 
ment,  twenty-five  hundred  dollars. 

For  the  salary  of  the  second  clerk  in  the  secretary's  de-  Second  clerk, 
partment,  twenty-two  hundred  dollars. 

For  the  salary  of  the  chief  of  the  archives  division  in  the  chief,  archives 
secretary's  department,  two  thousand  dollars. 

For  the  salary  of  the  cashier  in  the  secretary's  depart-  Cashier, 
ment,  a  sum  not  exceeding  twelve  hundred  dollars. 

For  messengers  and  such  additional  clerical  assistance  Clerical 

,  1  .  n      ^  L  ^•  assistance  and 

as  the  secretary  may  rmd  necessary,  a  sum  not  exceeding  messengers, 
twenty-eight  thousand  five  hundred  dollars. 

For  incidental  and  contingent  expenses  in  the  secretary's  Expenses, 
department,  a  sum  not  exceeding  four  thousand  dollars. 

For  the  ijurchase  of  parchment  for  the  enoTOssment  of  Purchase  of 

,^,  ^  ,.  innn  parchment. 

acts  and  resolves,  a  sum  not  exceeding  one  thousand  dollars. 

For  the  arrangement  and  preservation  of  state  records  Arrangement, 
and  papers,  a  sum  not  exceeding  four  thousand  dollars.         ^*'^'  ° 

For  postage  and  expressage  on  documents  to  members  of  Postage,  etc. 
the  general  court,  and  for  transportation  of  documents  to 
free  public  libraries,  a  sura  not  exceeding  three  thousand 
dollars. 

For  furnishing  cities  and  towns  with  ballot  boxes  and  Ballot  boxes, 
for  repairs  to  the  same,  a  sum  not  exceeding  two  thousand 
dollars. 


10 


Acts,  1908.  — Chaps.  7,8. 


For  the  purchase  of  apparatus  to  be  used  at  polling 
places  iu  the  canvass  and  count  of  votes,  a  sum  not  ex- 
ceeding five  hundred  dollars. 

For  the  purchase  of  histories  of  regiments,  batteries  and 
other  military  organizations  of  the  Massachusetts  volun- 
teers who  served  in  the  civil  war,  a  sum  not  exceeding  two 
thousand  dollars. 

For  expenses  in  connection  with  the  preservation  of  town 
records  of  births,  marriages  and  deaths  previous  to  the  year 
eighteen  huudred  and  fifty,  a  sum  not  exceeding  fifteen 
thousand  dollars. 

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

Approved  January  22,  1908. 


Chap.     7  An  Act  making  appeopriations  foe  the  compensation 

AND  EXPENSES  OF  THE  BAELOT  LAW  COMMISSION. 


Counting 
apparatus. 


Reginiental 
histories. 


Preservation 
of  town 
records. 


Appropria- 
tions. 


Ballot  law 
commission. 

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  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  com])ensation  of  the  ballot  law  commission,  a 
sum  not  exceeding  fifteen  hundred  dollars. 

For  expenses  of  the  said  commission,  a  sum  not  exceed- 
ing one  liunrlred  and  fifty  dollars. 

Section  2.     This  act  shall  take  efi'ect  upon  its  passage. 

Approved  January  22,  1908. 


Chap.     8  An  Act  making  an  appeopeiation  foe  the  deedging  of 

DOECHESTEE    BAY. 

Ije  it  enacted,  etc.,  as  folloirs: 

Sectio.x  1.  The  sum  of  eighty-five  hundred  dollars  is 
hereby  ap])i-opriated,  to  be  paid  out  of  the  treasury  of  the 
couHuoinvealth  froui  tlie  ordinary  revenue,  for  the  purpose 
of  dredgiug  Dorchester  bay,  between  Savin  Hill  and  Com- 
mercial Point  west  of  tlie  present  channel,  as  authorized  by 
chapter  four  hundred  and  eighty-eight  of  the  acts  of  the 
year  nineteen  hundred  and  seven,  the  same  to  be  in  addi- 
tion to  any  amount  heretofoi-e  appropriated  for  this  pur- 


Dredging  Dor- 
chester bay. 


pose. 

Section  2. 


This  act  shall  take  effect  upon  its  passage. 
Approved  January  22,  1908. 


Acts,  1908.  — Chaps.  9,  10,  11.  11 


An  Act  making  an  appropriation  for  the  construc-  Char).     9 

TION     OF     A     stone     BREAKWATER     OFF     THE     TOWN     OF 
REVERE. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  sum  of  ten  thoiisaud  dollars  is  hereby  Constmc^ion  ^ 
appropriated,  to  be  paid  out  of  the  treasury  of  the  com-  off  the  town 
monwealtli  from  the  ordinary  revenue,  for  the  construction 
of  a  stone  breakwater  off  the  town  of  Revere,  as  authorized 
by  chapter  ninety-nine  of  the  resolves  of  the  year  nineteen 
hundred  and  six,  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  22,  1908. 


An  Act  making  an  appropriation  for  the  Worcester  (JJiap.   10 
polytechnic  institute. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Tlie  sum  of  ten  thousand  dollars  is  hereby  Worcester 
appropriated,  to  be  paid  out  of  the  treasury  of  the  com-  institute, 
monwealtli  from  the  ordinary  revenue,  to  the  Worcester 
Polytechnic  Institute,  as  provided  by  chapter  one  hundred 
and  nine  of  the  acts  of  the  year  nineteen  hundred  and  five. 

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

Approved  January  22,  1908. 

An  Act  making  an  appropriation  for  the  massachu-  (J]iav.  11 

SETTS   state   firemen's  ASSOCIATION. 

Be  it  enacted,  etc.,  as  foUoius: 

Section   1.      The  sum  of  fifteen  thousand   dollars   is  Massachusetts 
hereby  aj^propriated,  to  be  paid  out  of  the  treasury  of  the  men's  asso- 
cominonwealth  from  the  ordinary  revenue,  for  the  Massa- 
chusetts State  Firemen's  Association,  as  provided  by  chap- 
ter one  hundi'ed  and  se\^enty-one  of  the  acts  of  the  year 
nineteen  hundred  and  six. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  January  22,  1908. 


12 


Acts,  1908.  — Chaps.  12,  13. 


CliCiV.  12  An  Act  making  a.ppropeiations  for  sundry  sinking 

FUNDS. 

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,  to  make  good  deficiencies  in 
certain  sinking  funds,  being  the  estimate  of  the  treasurer 
and  receiver  general,  to  wit :  — 

For  the  Harbor  Improvement  Loan  Sinking  Fund,  the 
sum  of  tliirty-six  hundred  and  ninety-eight  dollars. 

For  the  Metropolitan  Parks  Loan  Sinking  Fund,  Series 
Two,  (one  half),  the  sum  of  thirty  thousand  seven  hun- 
dred and  thirty-one  dollars. 

For  the  Medfield  Insane  Asylum  Loan  Sinking  Fund, 
the  sum  of  twenty-eight  thousand  eight  hundred  and  sixty- 
four  dollars. 

For  the  Prisons  and  Hospitals  Loan  Sinking  Fund,  the 
sum  of  seventy-one  thousand  four  hundred  and  seventy- 
three  dollars. 

For  the  State  Highway  Loan  Sinking  Fund,  the  sum  of 
eighty-four  thousand  one  hundred  and  sixty-eight  dollars. 

For  the  State  House  Loans  Sinking  Fund,  the  sum  of 
eighty-six  thousand  and  two  dollars. 

For  the  Massachusetts  War  Loan  Sinking  Fund,  the 
sum  of  nineteen  thousand  eight  hundred  and  twenty  dol- 
lars. 

To  ]irovide  for  the  payment  of  state  highway  serial 
bonds,  due  April  first,  nineteen  hundred  and  eight,  thirty- 
two  thousand  dollars. 

To  provide  for  the  payment  of  Suffolk  county  court 
house  serial  bonds,  due  March  first,  nineteen  hundred  and 
eight,  two  thousand  dollars. 

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

Approved  January  22,  1908. 


Appropria- 
tions. 


Harbor  Im- 
provement 
Loan  Sinking 
Fund. 

Metropolitan 
Parks  Loan 
Sinking  Fund, 
Series  Two. 

Medfield  In- 
sane Asyhini 
Loan  .Sinking 
Fund. 

Prisons  and 
Hospitals 
Loan  Sinking 
Fund. 

State  High- 
way Loan 
Sinking  Fund. 

State  House 
Loans  Sinking 
Fund. 

Massachusetts 
War  Loan 
Sinking  Fund. 


State  highway 
serial  bonds. 


Suffolk  county 
court  house 
serial  bonds. 


Chap.   13  Ax  Act  making  appropriations  for  the  payment  of 

ANNUITIES   AND   PENSIONS    TO    SOLDIERS    AND    OTHERS. 

Be  it  enacted,  etc.,  as  follows: 

Appropria-  Sf.otton  1.    The  suius  hereinafter  mentioned  are  appro- 

priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  payment  of  annuities 


Acts,  1908.  — Chaps.  14,  15.  13 

and  pensions  dne  from  the  commonwealth  to  soldiers  and 
others  during  the  fiscal  year  ending  on  the  thirtieth  day 
of  November,  nineteen  hundred  and  eight,  to  wit :  — 

For  annuities  to  soldiers  and  others,  as  authorized  by  the  Annuities  to 

„  111  1       •    1  i  soldiers,  etc. 

general  court,  the  sum  oi  ntty-one  hundred  and  eighteen 
dollars. 

For  pensions  authorized  by  the  general  court,  the  sum  of  Pensions, 
two  hundred  and  eighty  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  January  22,  1908. 

An  Act  making  an  appkopkiation  for  the  payment  of  (JJi^j)    \^ 

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-  from  tife"deTth 
monwealth,  as  authorized  by  section  seventy-seven  of  chap-  °^  firemen, 
ter  thirty-tw^o  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  department  of  a 
city  or  town,  or  of  members  in  active  service  of  any  incor- 
porated protective  department,  or  of  any  person  doing  duty 
at  the  request  of  or  by  order  of  the  authorities  of  a  town 
which  has  no  organized  fire  department,  who  are  killed  or 
who  die  from  injuries  received  while  in  the  discharge  of 
their  duties  at  fires,  during  the  fiscal  year  ending  on  the 
thirtieth  day  of  November,  nineteen  hundred  and  eight. 

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

Approved  January  22,  1908. 

An  Act  making  an  appropriation  for  enlarging  the  ni^Q^^    \K 

mount    TOM    STATE    RESERVATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sum  of  five  thousand  dollars  is  hereby  Mount  Tom 
appropriated,  to  be  paid  out  of  the  treasury  of  the  com-  tion!*  '"^^'"^^" 
monwealth  from  the  ordinary  revenue,  for  the  purpose  of 
acquiring  such  lands  adjoining  the  present  Mount  Tom 
state  reservation  as  the  Mount  Tom  state  reservation  com- 
mission may  deem  necessary  or  advisable,  as  authorized 
by  chapter  five  hundred  and  fourteen  of  the  acts  of  the 


14  Acts,  1908.  — Chaps.  16,  17,  18. 

year  nineteen  Imndred  and  six,  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  22,  1908. 

Chap.  16  An  Act  making  an  appropriation  for  the  payment  of 

PREMIUMS    ON    SECURITIES    PURCHASED    FOR   THE    MASSA- 
CHUSETTS  SCHOOL   FUND. 

Be  it  enacted,  etc.,  as  follows: 

rec^u'ritiS''pur-         Section  1.     A  sum  not  exceeding  ten  thousand  dollars 
chased  for  the    Jg  hcrebv  appro])riated,  to  be  paid  out  of  the  treasury  of 

Massachusetts  i^        x  i        i  7  1  ^  ^ 

School  Fund,  the  commonwealtli  from  the  ordinary  revenue,  for  the  pay- 
ment by  the  treasurer  and  receiver  general  of  premiums  on 
securities  purchased  for  the  Massachusetts  School  Fund, 
as  provided  by  section  three  of  chapter  forty-one  of  the 
Revised  Laws. 

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

Approved  January  22,  1908. 

Chajp.   17  An  Act  making  an  appropriation  for  the  greylock 

STATE    RESERVATION. 

Be  it  enacted,  etc.,  as  follows: 

reserla'tk)n!**^  Sectton  1.  The  suui  of  tcii  thousaud  dollars  is  hereby 
ap])ropriated,  to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  for  the  purpose  of  ac- 
quiring such  lands  adjoining  the  present  Greylock  state 
reservation  as  the  Greylock  state  reservation  commissioners 
may  deem  necessary  or  advisable,  as  authorized  by  chapter 
four  hundred  and  forty-eight  of  the  acts  of  the  year  nine- 
teen hundred  and  six,  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  22,  1908. 

Chap.  18  An  Act  making  appropriations  for  salaries  and  ex- 
penses IN  THE  JUDICIAL  DEPARTMENT  OF  THE  COMMON- 
WEALTH. 

Be  it  enacted,  etc.,  as  follows: 

tioM°''"^"  Section  1.    The  sums  hereinafter  mentioned  are  appro- 

priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 


Acts,  1908.  — Chap.  18.  15 

from  the  ordinary  revenue,  for  the  purposes  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

SUPREME  JUDICIAL  COURT. 

For  the  salaries  and  travelling  expenses  of  the  chief  and^ls^oclate 
justice  and  of  the  six  associate  justices  of  the  supreme  ^^^p*;^^^^^ 
judicial  court,  sixty  thousand  dollars.  judicial  court. 

Eor  the  salary  of  the  clerk  of  the  supreme  judicial  court,  cierk. 
three  thousand  dollars. 

For  clerical  assistance  to  the  clerk  of  the  supreme  ju-  clerical  assist- 
dicial  court,  five  hundred  dollars.  ^"''^  '°  •^^*'^'^- 

For  clerical  assistance  to  the  justices  of  the  supreme  clerical  assist- 
judicial  court,  a  sum  not  exceeding  tvt^enty-five  hundred  ^'^'^e  to  justices, 
dollars. 

For  expenses  of  the  supreme  judicial  court,  a  sum  not  ex-  Expenses. 
ceeding  two  thousand  dollars. 

For  the  salary  of  the  reporter  of  decisions  of  the  su-  Reporter  of 
preme  judicial  court,  four  thousand  dollars ;  and  for  clerk  '^^"®'°^'  ^^'^■ 
hire  and  incidental  expenses  of  said  reporter,  a  sum  not 
exceeding  two  thousand  dollars. 

For  the  salaries  of  the  officers  and  messenger  of  the  Officers  and 
supreme  judicial  court,  twenty-four  hundred  dollars.  messenger. 

For  the  salary  of  the  clerk  of  the  supreme  judicial  court  cierkfor 
for  the  county  of  Suifolk,  fifteen  hundred  dollars. 

For  the  salary  of  the  assistant  clerk  of  the  supreme  ju-  Assistant. 
dicial  court  for  the  county  of  Suffolk,  five  hundred  dollars. 

For  the  salaries  of  the  retired  justices  of  the  supreme  Retired 
judicial   court,   eleven   thousand   two  hundred   and    fifty  ^^^  ^^ 
dollars. 

SUPERIOR    COURT. 

For  the  salaries  and  travelling  expenses  of  the  chief  jus-  chief  justice 

tice  and  of  the  associate  justices  of  the  superior  court,  one  justices  of 

hundred  and  seventy-five  thousand  five  hundred  dollars.  sup^^^o^  °°^^  ■ 

For  the  salary  of  the  assistant  clerk  of  the  superior  court.  Assistant  clerk. 
five  hundred  dollars. 

For  printing,  transportation  of  papers  and  documents.  Printing  and 

and  for  incidental  expenses  of  the  superior  court,  a  sum  °   er  expenses, 
not  exceeding  four  hundred  dollars. 


16 


Acts,  1908.  — Chap.  18. 


Judges  of 
probate,  etc.. 
Barnstable. 

Berkshire. 


Bristol. 

Dukes  County. 

Essex. 

Franklin. 

Hampden. 

Hampshire. 

Middlesex. 

Nantucket. 

Norfolk. 

Plymouth. 

Suffolk. 

Worcester. 

Retired  judges. 


Judges  acting 
in  other 
counties. 


Register, 
Barnstable. 


Berkshire. 


Bristol. 


COURTS  OF  PROBATE  AND  INSOLVENCY. 

For  the  salary  of  the  judge  of  probate  and  insolvency  for 
the  county  of  Barnstable,  fourteen  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Berkshire,  twenty-five  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Bristol,  forty-two  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Dukes  County,  nine  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Essex,  forty-five  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Franklin,  fifteen  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Hampden,  thirty-four  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Hampshire,  seventeen  hundred  dollars. 

For  the  salaries  of  the  two  judges  of  probate  and  in- 
solvency for  the  county  of  Middlesex,  ten  thousand  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  JSTantucket,  nine  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  I^orfolk,  four  thousand  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Plymouth,  twenty-six  hundred  dollars. 

For  the  salaries  of  the  two  judges  of  probate  and  in- 
solvency for  the  county  of  Suft'olk,  twelve  thousand  dollars. 

For  the  salaries  of  the  two  judges  of  probate  and  in- 
solvency for  the  county  of  Worcester,  seventy-five  hundred 
dollars. 

For  the  salaries  of  retired  judges  of  probate  and  in- 
solvency, a  sum  not  exceeding  fifty-one  hundred  and  fifty 
dollars. 

For  the  compensation  of  judges  of  probate  and  in- 
solvency acting  in  other  counties  than  their  own,  a  sum 
not  exceeding  fifteen  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency 
for  the  county  of  Barnstable,  thirteen  hundred  dollars. 

For  the  salary  of  tlic  register  of  probate  and  insolvency 
for  "the  county  of  Berkshire,  eighteen  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency 
for  the  county  of  Bristol,  thirty-five  hundred  dollars. 


Acts,  1908.  — Chap.  18.  17 

For  the  salary  of  the  register  of  probate  and  insolvency  Dukes  County, 
for  the  connty  of  Dukes  County,  eight  hundred  dollars. 

For  the  salary  of'  the  register  of  probate  and  insolvency  Essex. 
for  the  county  of  Essex,  thirty-five  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  FrankUn. 
for  the  county  of  Franklin,  fifteen  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Hampden, 
for  the  county  of  Hampden,  twenty-eight  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Hampshire, 
for  the  county  of  Hampshire,  sixteen  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Middlesex, 
for  the  county  of  Middlesex,  four  thousand  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Nantucket, 
for  the  county  of  Xantucket,  nine  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Norfolk. 
for  the  county  of  iS^orfolk,  twenty-five  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Plymouth. 
for  the  county  of  Plymouth,  twenty-one  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Suffolk. 
for  the  county  of  Suffolk,  five  thousand  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Worcester. 
for  the  county  of  Worcester,  thirty-five  hundred  dollars. 

For  the  salary  of  the  assistant  register  of  probate  and  ^g^g^t'eT* 
insolvency  for  the  county  of  Barnstable,  five  hundred  and  Bamstabie. 
fifty  dollars. 

For  the  salary  of  the  assistant  register  of  probate  and  Berkshire, 
insolvency  for  the  county  of  Berkshire,  nine  hundred  dol- 
lars. 

For  the  salary  of  the  assistant  register  of  probate  and  Bristol, 
insolvency  for  the  county  of  Bristol,  seventeen  hundred 
and  fifty  dollars. 

For  the  salary  of  the  assistant  register  of  probate  and  e^»^^- 
insolvency  for  the  county  of  Essex,  twenty-three  hundred 
dollars. 

For  the  salary  of  the  assistant  register  of  probate  and  Franklin, 
insolvency  for  the  county  of  Franklin,  six  hundred  dollars. 

For  the  salary  of  the  assistant  register  of  probate  and  Hampden, 
insolvency  for  the  county  of  Hampden,  fourteen  hundred 
dollars. 

For  the  salary  of  the  assistant  register  of  probate  and  Hampshire, 
insolvency  for  the  county  of  Hampshire,   seven  hundred 
dollars. 

For  the  salaries  of  the  assistant  registers  of  probate  and  ^^^^idiesex. 


18 


Acts,  1908.  — Chap.  18. 


Norfolk. 


Suffolk. 


Worcester. 


Clerical  assist- 
ance, 
Barnstable. 


Berkshire. 


Bristol. 


Dukes  County. 


Essex. 


Hampden. 


Middlesex. 


Nantucket. 


Norfolk. 


insolvency  for  tlie  connty  of  Middlesex,  five  thonsand  dol- 
lars. 

For  the  salary  of  the  assistant  register  of  probate  and 
insolvency  for  the  connty  of  Norfolk,  twelve  hnndred  and 
fifty  dollars. 

For  the  salary  of  the  assistant  register  of  probate  and 
insolvency  for  the  connty  of  Suffolk,  twenty-eight  hundred 
dollars. 

For  the  salary  of  the  assistant  register  of  probate  and 
insolvency  for  the  county  of  Worcester,  one  thousand  dol- 
lars. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Barnstable,  a  sum  not  ex- 
ceeding four  hundred  thirty-three  dollars  and  thirty-four 
cents. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Berkshire,  a  sum  not  ex- 
ceeding six  hundred  dollars. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Bristol,  a  sum  not  exceed- 
ing fifteen  hundred  sixty-six  dollars  and  sixty-seven  cents. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Dukes  County,  a  sum  not 
exceeding  two  hundred  sixty-six  dollars  and  sixty-seven 
cents. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Essex,  a  sum  not  exceed- 
ing forty-five  hundred  sixteen  dollars  and  sixty-seven  cents. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Hampden,  a  sum  not  ex- 
ceeding twenty-one  hundred  thirty-three  dollars  and  thirty- 
three  cents. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Middlesex,  a  sum  not  ex- 
ceeding sixty-eight  hundred  thirty-three  dollars  and  thirty- 
three  cents. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  j^antucket,  a  sum  not  ex- 
ceeding three  hundred  dollars. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Norfolk,  a  sum  not  ex- 
ceeding two  thousand  thirty-three  dollars  and  thirty-three 
cents. 


Acts,  1908.  — Chap.  18.  19 

For  extra  clerical  assistance  to  the  register  of  probate  Plymouth. 
and  insolvency  for  the  coimty  of  Plymouth,  a  sum  not  ex- 
ceeding sixteen  hundred  dollars. 

For  extra  clerical  assistance  to  the  register  of  probate  Suffolk. 
and  insolvency  for  the  county  of  Suifolk,  a  sum  not  exceed- 
ing fifty-one  hundred  dollars. 

For  extra  clerical  assistance  to  the  register  of  probate  Worcester. 
and  insolvency  for  the  county  of  Worcester,   a   sum  not 
exceeding  forty-five  hundred  sixteen  dollars  and  sixty-six 
cents. 

For  the  salary  of  the  clerk  of  the  register  of  probate  and  p'«'''k  «X 'n^''' 
insolvency  for  the  county  of  Suftolk,  twelve  hundred  dol- 
lars. 

For  expenses  of  courts  of  probate  and  insolvency,  a  sum  Expenses, 
not  exceeding  five  hundred  dollars. 

DISTRICT    ATTORNEYS. 

For  the  salary  of  the  district  attorney  for  the  Suffolk  District  attor- 

,.        .  „  ,      "  1     1    n  "  ney,  buffolk. 

district,  five  thousand  dollars. 

For  the  salary  of  the  first  assistant  district  attorney  for  First  assistant. 
the  Suffolk  district,  thirty-eight  hundred  dollars. 

For  the  salary  of  the  second  assistant  district  attorney  second  assist- 
for  the  Suffolk  district,  thirty-eight  hundred  dollars. 

For  the  salary  of  the  third  assistant  district   attorney  Third  assistant. 
for  the  Suffolk  district,  thirty-eight  hundred  dollars. 

For  the  salary  of  the  clerk  of  the  district  attorney  for  cierk. 
the  Suffolk  district,  eighteen  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  northern  Northern 
district,  three  thousand  dollars 


district. 


For  the  salary  of  the  assistant  district  attorney  for  the  Assistant. 
northern  district,  two  thousand  dollars. 

For  the  salary  of  the  district  attorney  for  the  eastern  Ea.stern 
district,  twenty-four  hundred  dollars.  district. 

For  the  salary  of  the  assistant  district  attorney  for  the  Assistant, 
eastern  district,  sixteen  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  southeast-  Southeastern 
ern  district,  twenty-four  hundred  dollars. 

For  the  salary  of  the  assistant  district  attorney  for  the  Assistant. 
southeastern  district,  sixteen  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  southern  Southern 
district,  twenty-four  hundred  dollars.  district. 

For  the  salary  of  the  assistant  district  attorney  for  the  Assistant, 
southern  district,  sixteen  hundred  dollars. 


20 


Acts,  1908.  — Chap.  19. 


Middle  district. 


Assistant. 


Western 

district. 


Northwestern 
district. 

Travelling 
expenses. 


Judge  of  land 
court. 

Associate 
judge. 

Recorder. 


Clerical 
assistance. 

Expensfts. 


For  the  salary  of  the  district  attorney  for  the  middle 
district,  twenty-four  hundred  dollars. 

For  the  salary  of  the  assistant  district  attorney  for  the 
middle  district,  sixteen  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  western 
district,  twenty-four  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  northwest- 
ern district,  thirteen  hundred  and  fifty  dollars. 

For  travelling  expenses  necessarily  incurred  by  the  dis- 
trict attorneys  and  assistant  district  attorneys,  except  in 
the  Suffolk  district,  a  sum  not  exceeding  one  thousand  dol- 
lars. 

LAND    COURT. 

For  the  salary  of  the  judge  of  the  land  court,  six  thou- 
sand dollars. 

For  the  salary  of  the  associate  judge  of  the  land  court, 
six  thousand  dollars. 

For  the  salary  of  the  recorder  of  the  land  court,  forty- 
five  hundred  dollars. 

For  clerical  assistance  in  the  office  of  the  land  court,  a 
sum  not  exceeding  six  thousand  dollars. 

For  sheriffs'  bills,  advertising,  surveying,  examining 
titles,  and  sundry  incidental  expenses  of  the  land  court,  a 
sum  not  exceeding  eighteen  thousand  dollars. 

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

Approved  January  22,  1908. 


Chap.   19  An  Act  making  appropriations  for  the  salary  and  ex- 
penses OF  THE  COMMISSIONER  OF  PUBLIC  RECORDS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro- 


Appropria- 
tions. 


Commissioner 
of  public 
records. 

Expenses. 


priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  purposes  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  Xovember, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salary  of  the  commissioner  of  iniblic  records, 
twenty-five  hundred  dollars. 

For  travelling,  clerical  and  other  necessary  expenses  of 
the  commissioner  of  public  records,  including  the  printing 
of  his  annual  report,  a  sum  not  exceeding  twenty-four  hun- 
dred and  eighty  dollars. 


Acts,  1908.  — Chaps.  20,  21,  22.  21 

For  the  purchase  of  ink  for  public  records,  a  sum  not  Purchase  of 
exceeding  four  hundred  dollars. 

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

App'oved  January  22,  1908. 


An  Act  making  an  appropkiation  foe  the  massaciiu-  (JJiap.  20 

SETTS  INSTITUTE  OF  TECHNOLOGY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sum  of  twenty-nine  thousand  dollars  is  Massachusetts 
hereby  appropriated,  to  be  paid  out  of  the  treasury  of  the  Technology, 
commonwealth  from  the  ordinary  revenue,  to  the  Massa- 
chusetts Institute  of  Technology. 

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

Approved  January  22,  1908. 


An  Act  making  appropriations  for  expenses  in  con-  QJfcip.  21 
nection  with  the  supervision  of  telephone   and 
telegraph  companies. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  Telephone  and  Telegraph 
Commissioners'  Fund,  for  the  expense  of  the  sui^ervision 
of  telephone  and  telegraph  companies  by  the  Massachusetts 
highway  commission  during  the  fiscal  year  ending  on  the 
thirtieth  day  of  November,  nineteen  hundred  and  eight,  to 
wit:  — 

For  the  salaries  of  the  commissioners,  the  sum  of  forty-  Highway  com- 

n  ^  ^        ^     ^    ^^  ^       missioners. 

live  hundred  dollars. 

For  necessary  statistics,  books,  stationery,  clerks,  travel-  Expenses. 
ling  and  incidental  expenses,  a  sum  not  exceeding  six  thou- 
sand dollars. 

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

Approved  January  22,  1908. 

An  Act  making  appropriations  for  salaries  and  ex-  CJicip.   22 

PENSES  IN  the  bureau  OF  STATISTICS  OF  LABOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 

,,  ..  -,  „.  ^^,,     tions.  bureau 

priated,  to  be  paid  out  of  the  treasury  oi  the  commonwealth  of  statistics  of 


from  the  ordinary  revenue,  for  the  bureau  of  statistics  of 


labor. 


22 


Acts,  1908.  — Chap.  23. 


Chief  of 
bureau. 


First  clerk. 
Second  clerk. 

Special  agents. 


Clerical 
assistance. 


Statistics  of 
manufactures. 


Special  census 
in  towns. 


Annual  re- 
ports. 

Returns  by 
cities  and 
towns. 


Free  employ- 
ment offices. 


labor,  for  the  fiscal  year  ondiiio-  on  the  thirtieth  day  of 
Xovemher,  nineteen  hundred  and   eight,  to  wit :  — 

For  the  salary  of  the  chief  of  the  bureau,  three  thousand 
dollars. 

For  the  salary  of  the  first  clerk,  two  thousand  dollars. 

For  the  salary  of  the  second  clerk,  sixteen  hundred  and 
fifty  dollars. 

For  the  salaries  of  the  two  special  agents  of  the  bureau, 
the  sum  of  twenty-four  hundred  dollars. 

For  such  additional  clerical  assistance  and  for  such  ex- 
penses as  may  be  necessary,  a  sum  not  exceeding  twenty- 
five  thousand  three  hundred  dollars. 

For  expenses  of  the  annual  collection  of  statistics  of 
manufactures,  a  sum  not  exceeding  sixty-five  hundred  dol- 
lars. 

For  exj^enses  of  taking  a  special  census  in  towns  hav- 
ing an  increased  resident  population  during  the  summer 
months,  a  sum  not  exceeding  one  thousand  dollars. 

For  printing  and  binding  the  annual  reports  of  the 
bureau,  a  sum  not  exceeding  five  thousand  dollars. 

For  expenses  in  connection  with  the  making  of  annual 
returns  by  cities  and  towns,  a  sum  not  exceeding  forty- 
seven  hundred  dollars. 

For  expenses  of  establishing  and  maintaining  free  em- 
ployment offices,  a  sum  not  exceeding  twenty-five  thousand 
dollars. 

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

Approved  January  21 ,  1908. 


Compensation 
of  retired 
veterans. 


Chap.  23  An  Act  making  an  appropkiation  for  the  compensa- 
tion OF  certain  veterans  retired  from  the  service 
OF  the  commonw^ealth. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  twenty  thousand  dol- 
lars is  hereby  appropriated,  to  be  paid  out  of  the  treasury 
of  the  commonw^ealth  from  the  ordinary  revenue,  to  provide 
for  the  compensation  of  certain  veterans  formerly  in  the 
service  of  the  commonwealth  and  now  retired  from  that 
service  under  authority  of  chapter  four  hundred  and  fifty- 
eight  of  the  acts  of  the  year  nineteen  hundred  and  seven. 

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

Approved  January  21 ,  1908. 


Acts,  1908.  — Chaps.  24,  25.  23 


An  Act  making  appropriations  for  the  compensation  (Jhan.  24 

AND  EXPENSES  OF  THE  CIVIL  SERVICE  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  commonweahh 
from  the  ordinary  revenue,  for  the  civil  service  commis- 
sion, for  the  fiscal  year  ending  on   the  thirtieth  day   of 
November,  nineteen  hundred  and  eight,  to  wit :  — 

For   the   salaries   of   the   members   of   the   commission,  civii  service 
thirty-nine  hundred  dollars.  *^  mmi^M  n. 

For  the  salary  of  the  chief  examiner  of  the  commission,  chief  exam- 
■three  thousand  dollars. 

For  the  salary  of  the  secretary  of  the  commission,  three  Secretary. 
thousand  dollars. 

For  the  salary  of  the  registrar  of  labor  of  the  commis-  Registrar  of 
sion,  two  thousand  dollars.  ^  °^' 

For  clerical  assistance  and  for  office,  printing,  travelling  Clerical 
and  incidental  expenses  of  the  commissioners,  chief  ex-  ^^^'®*'^'^'^^- 
aminer,  secretary  and  inspectors,  and  for  advertising  and 
stationery,  a  sum  not  exceeding  twenty-six  thousand  one 
hundred  dollars. 

For  the  printing  and  binding  of  the  annual  report,  a  Annual  report. 
sum  not  exceeding  one  thousand  dollars. 

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

Approved  January  21 ,  1908. 


An  Act  making  appropriations  for  salaries  and  ex-  (JJfQi)    25 
penses  in  the  state  library. 

Be  it  enacted,  etc.,  as  foUows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  AppropHa- 
priated,  to  be  paid  out  of  the  treasury  of  the  connnonwealth  *'°°*' 
from  the  ordinary  revenue,  for  the  pur^xDses  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salary  of  the  state  librarian,  three  thousand  dol-  state  librarian. 
lars. 

For  the  purchase  of  books  for  the  state  library,  eighty-  purchase  of 
five  hundred  dollars.  books. 

For  such  clerical  assistance  in  the  state  library  as  may  clerical 
be  necessary,  a  sum  not  exceeding  fifty-four  hundred  dol-  ^^'^*'*"'^^- 
lars. 


24 


Acts,  1908.  —  Chaps.  26,  27. 


Index  to 
current  events. 


Contingent 
expenses. 


Annual  report. 


For  preparing  an  index  to  current  events  and  such  other 
matters  contained  in  the  newspapers  of  the  day  as  may 
be  deemed  important  by  the  trnstees  and  librarian,  a  sum 
not  exceeding  one  thousand  dollars. 

For  contingent  expenses  in  the  state  library,  to  be  ex- 
pended under  the  direction  of  the  trustees  and  librarian,  a 
sum  not  exceeding  two  thousand  dollars. 

For  the  printing  and  binding  of  the  annual  report  of  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  27,  1908. 


Appropria- 
tions. 


Free  public 
libraries. 


Clerical  assist- 
ance, etc. 


Chap.  26  An  Act  making  appropriations  foe  the  expenses  of 

THE  BOARD  OF  FREE   PUBLIC   LIBRARY  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  purix)ses  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

To  carry  out  the  provisions  of  the  act  to  promote  the 
establishment  and  efficiency  of  free  public  libraries,  a  sum 
not  exceeding  two  thousand  dollars. 

For  clerical  assistance  to  and  incidental  and  necessary 
expenses  of  the  board  of  free  public  library  commissioners, 
the  same  to  include  the  printing  and  binding  of  the  annual 
report,  a  sum  not  exceeding  seven  hundred  dollars. 

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

Approved  January  27,  1908. 

Chap.  27  An  Act  making  appropriations  for  the  salaries  and 

EXPENSES    OF    THE    STATE    BOARD    OF    CONCILIATION    AND 
ARBITRATION. 

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  concilia- 
tion and  arbitration,  for  the  fiscal  year  ending  on  the  thir- 
tieth day  of  Xovoniber,  nineteen  hundred  and  eight,  to 
wit :  — 

For  the  salaries  of  the  members  of  the  board,  seventy- 
five  hundred  dollars. 


Appropria- 
tions. 


Board  of  con- 
ciliation, etc. 


Acts,  1908.  — Chaps.  28,  29.  25 

For  the  salary  of  the  secretary  of  the  board,  fifteen  hnn-  Secretary. 
dred  dollars. 

For  travelling,  incidental  and  contingent  expenses  of  the  Expenses. 
board,  the  same  to  include  the  printing  and  binding  of  the 
annual  report,  and  also  the  compensation  of  expert  assist- 
ants, a  sum  not  exceeding  twelve  thousand  dollars. 

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

Approved  January  27,  1908. 

An  Act  making  appeopkiations  for  salaries  and  ex-  C])ap.  28 

PENSES  IN   the  department   OF   THE    COMMISSIONER   OF 
WEIGHTS  AND  MEASURES. 

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  department  of  the  com- 
missioner of  weights  and  measures,  for  the  fiscal  year  end- 
ing on  the  thirtieth  day  of  ISTovember,  nineteen  hundred 
and  eight,  to  wit :  — 

For  the  salary  of  the  commissioner,  two  thousand  dol-  ^f'wS'ghts^fnd 

]q-j.q  measures. 

For  the  salaries  of  the  inspectors,  forty-eight  hundred  inspectors. 
dollars. 

For  travelling  and  other  necessary  expenses  of  the  com-  Travelling  ex- 
missioner  and  inspectors,  a  sum  not  exceeding  three  thou-  p'^"^''''' 
sand  dollars. 

For  office  and  incidental  expenses,  including  repairs  of  *-'g^^g|/etg 
balances,  a  sum  not  exceeding  nineteen  hundred  and  eighty 
dollars. 

For  the  purchase  of  standards  for  newly  incorporated  ^^^'J^rX*'^ 
towns,  a  sum  not  exceeding  four  hundred  and  twenty-five 
dollars. 

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

Approved  January  27,  1908. 

An  Act  making  appropriations  for  deficiencies  in  Q^K^y^    29 
appropriations  for  sundry  expenses  authorized  in 
the  year  nineteen  hundred  and  seven. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasuiy  of  the  commonwealth    '°'^' 
from  the  ordinary  revenue,  for  certain  expenses  in  excess 


26 


Acts,  1908.  — Chap.  29. 


Boundary  line 
between  Mas- 
sachu!<etts  and 
Connecticut. 

Report  of  in- 
surance com- 
missioner. 


School  reg- 
isters, etc. 

Ballot  law 
commission. 


Expenses  of 
naval  militia. 


Insurance 
commissioner. 


State  board 
of  charity. 

Exchange,  etc. 
of  documents. 


Damages  by 
wild  deer. 


Medical  in- 
spection in 
schools. 

Civil  service 
commission. 

Division  of 
adult  poor. 

Board  of  con- 
cihation,  etc. 


Special  census 
in  Haverhill. 


Printing  gen- 
eral laws. 


Education  of 
deaf  pupils. 

Tuition  of 
children  in 
high  schools. 


Printing  and 
binding  the 
blue  book. 


of  the  appropriations  tliercfor  in  the  year  nineteen  Imn- 
(Ircd  and  seven,  to  wit:  — 

For  defining  and  marking  the  bonndary  line  between  the 
commonwealth  of  Massachusetts  and  the  state  of  Connecti- 
cut, one  hundred  twenty-six  dollars  and  seventy-five  cents. 

For  printing  and  binding  the  report  of  the  insurance 
commissioner,  one  hundred  forty-seven  dollars  and  fifty- 
six  cents. 

For  school  registers  and  blanks,  one  hundred  sixty-three 
dollars  and  fifty-six  cents. 

For  the  expenses  of  the  ballot  law  commission,  one  hun- 
dred and  eighty  dollars. 

For  the  expenses  of  the  United  States  ship  loaned  to  the 
commonwealth  for  the  use  of  the  naval  militia,  one  hun- 
dred eighty-seven  dollars  and  eighty-three  cents. 

For  the  expenses  of  the  insurance  commissioner,  two 
hundred  three  dollars  and  sixty-five  cents. 

For  the  expenses  of  the  state  board  of  charity,  two  hun- 
dred nineteen  dollars  and  twenty-one  cents. 

For  the  exchange  and  distribution  of  documents,  two 
hundred  twenty-eight  dollars  and  seventy-eight  cents. 

For  damages  by  wild  deer,  three  hundred  fifteen  dollars 
and  fifty  cents. 

For  medical  inspection  in  the  public  schools,  three  hun- 
dred thirty-six  dollars  and  thirty-two  cents. 

For  clerks  and  expenses  of  the  civil  service  commission, 
three  hundred  ninety-three  dollars  and  sixty  cents. 

For  salaries  and  expenses  of  the  division  of  adult  poor, 
three  hundred  ninety-nine  dollars  and  sixteen  cents. 

For  exi^enses  of  the  board  of  conciliation  and  arbitra- 
tion, four  hundred  twenty-five  dollars  and  sixty-six  cents. 

For  the  expense  of  taking  a  special  census  of  the  city  of 
Haverhill,  nine  hundred  twenty-seven  dollars  and  ninety 
cents. 

For  i)rinting  general  laws,  eighteen  hundred  sixteen  dol- 
lars and  twenty-eight  cents. 

For  the  education  of  deaf  pupils,  eighteen  hundred  sixty- 
six  dollars  and  sixty-seven  cents. 

For  the  tuition  of  children  in  high  schools  in  special 
cases,  thirty-two  hundred  eighty-four  dollars  and  twenty- 
seven  cents. 

For  printing  and  bimling  the  blue  book,  thirty-four  hun- 
dred thirty-two  doUars  and  seventy-four  cents. 


Acts,  1908.  — Chaps.  30,  31.  27 


For  the  purchase  of  paper  by  the  commonwealth,  thirty-  Purchase  of 
nine  hundred  thirteen  dollars  and  two  cents.  paper. 

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

Approved  January  21 ,  1908. 


Gliaj).  30 


An  Act  making  appropriations  for  payment  of  state 

AND  military  AID  AND  EXPENSES  IN  CONNECTION  THERE- 
WITH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  he  paid  out  of  the  treasury  of  the  commonwealth  *^'°"'*' 
from  the  ordinary  revenue,  for  the  pur|X)ses  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

For  rej^ayment  to  cities  and  towns  of  money  paid  on  state  and 
account  of  state  and  military  aid  to  Massachusetts  volun-  ^'^'^ary  aid. 
teers  and  their  families,  a  sum  not  exceeding  eight  hun- 
dred and  sixty-three  thousand  dollars,  the  same  to  be  paid 
on  or  before  the  fifteenth  day  of  November  in  the  year 
nineteen  hundred  and  eight. 

For  the  salary  of  the  commissioner  of  state  aid  and  pen-  Commissioner 

,  .       r.  1  1        1     1    n  of  state  aid, 

sions,  twenty-nve  hundred  dollars.  etc. 

For  the  salary  of  the  deputy  commissioner  of  state  aid  Deputy, 
and  pensions,  two  thousand  dollars. 

For  the  salaries  of  the  agents  of  the  commissioner  of  Agents, 
state  aid  and  pensions,  forty-two  hundred  dollars. 

For  the  salary  of  the  bookkeeper  of  the  commissioner  of  Bookkeeper, 
state  aid  and  pensions,  thirteen  hundred  dollars. 

For  the  salaries  of  additional  clerks  of  the  commissioner  Additional 
of  state  aid  and  pensions,  a  sum  not  exceeding  forty-nine 
hundred  and  eighty  dollars. 

For  incidental  and  contingent  expenses  of  the  commis-  Expenses. 
sioner  of  state  aid  and  pensions,  to  include  necessary  travel, 
a  sum  not  exceeding  nineteen  hundred  and  twenty  dollars. 

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

Approved  January  21 ,  1908. 

An  Act  making  appropriations  for  sundry  miscelea-  niyny)    32 

NEOUS  expenses  AUTHORIZED  BY^  LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Approprfa- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  *'°°^" 


28 


Acts,  1908.  — Chap.  32. 


Medical  ex- 
aminers' fees. 


State  board  of 
publication. 


Damages  by 
wild  deer. 


Repair,  etc. 
of  roads  in 
Mashpee. 


Beach  Point 
road  in  Truro. 


Small  items  of 
expenditure. 


Taking  evi- 
dence at  in- 
quests, etc. 


from  the  ordinary  revenue,  for  the  pnrposes  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  Xovember, 
nineteen  hundred  and  eight,  to  wit :  — 

For  medical  examiners'  fees,  a  sum  not  exceeding  four 
hundred  dollars. 

For  travelling  and  other  necessary  exj>enses  of  the  state 
hoard  of  publication,  a  sum  not  exceeding  one  hundred  dol- 
lars. 

For  pa^-ment  of  damages  caused  by  wild  deer,  a  sum  not 
exceeding  three  thousand  dollars. 

For  expenses  incurred  in  the  construction  and  repair  of 
roads  in  the  town  of  Mashpee  during  the  year  nineteen 
hundred  and  eight,  the  sum  of  three  hundred  dollars. 

For  assistance  to  the  town  of  Truro  in  maintaining  a 
section  of  its  county  highway  known  as  Beach  Point  road, 
a  sum  not  exceeding  five  hundred  dollars. 

For  small  items  of  expenditure  for  which  no  appro- 
priations have  been  made,  and  for  cases  in  which  appro- 
priations have  been  exhausted  or  have  reverted  to  the 
commonwealth  in  previous  years,  a  sum  not  exceeding  one 
thousand  dollars,  to  be  expended  by  the  auditor  of  accounts. 

For  taking  evidence  given  at  inquests  in  cases  of  death 
by  accident  occurring  upon  steam  and  street  railways,  a 
sum  not  exceeding  three  thousand  dollars. 

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

Approved  January  21 ,  1908. 


Chap,  32  An  Act  making  appropriations  for  salaries  and  ex- 
penses IN  THE  DEPARTMENT  OF  THE  SURGEON  GENERAL 
OF  THE  MILITIA. 

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  pur]X)ses  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  ISTovember, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salary  of  the  surgeon  general,  twelve  hundred 
dollars. 

For  medical  supplies  for  the  use  of  the  volunteer  militia, 
and  for  incidental  and  contingent  expenses  of  the  surgeon 
general,  including  clerical  services  and  the  printing  of  the 
annual  report,  a  sum  not  exceeding  twenty-four  hundred 
dollars. 


Appropria- 
tions. 


Surgeon 
general. 


Medical  sup- 
plies, etc. 


Acts,  1908.  — Chap.  33.  29 

For  expenses  in  connection  with  the  examination  of  re-  Examination 
emits  for  the  militia,  a  simi  not  exceeding  twenty-six  hnn-  °^  '■ecruus. 
dred  dollars. 

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

Approved  January  27,  1908. 


Chap.  33 


Aiv  Act  makiistg  appropriatioxs  for  the  salaries  axd 

EXPENSES  OF  THE  DISTRICT  POLICE. 

Be  it  enacted,  etc.,  as  foUoivs: 

Sectioin'^  1.     The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  ''°"*' 
from  the  ordinary  revenue,  for  the  purposes  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  Xovember, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salary  of  the  chief  of  the  district  police,  three  chief  of  dis- 
thousand  dollars.  '''"'  ''"^''^■ 

For  the  salary  of  the  first  clerk  in  the  office  of  the  dis-  First  clerk, 
trict  police,  fifteen  hundred  dollars. 

For  the  salary  of  the  second  clerk  in  the  office  of  the  second  clerk. 
district  police,  one  thousand  dollars. 

For  postage,   printing,  stationery,  telephone,  telegraph,  Expenses, 
incidental  and  contingent  office  expenses  in  the  department 
of  the  district  police,  including  the  printing  and  binding 
of  the  annual  report,  a  simi  not  exceeding  eight  thousand 
dollars. 

DETECTIVE    DEPARTMENT. 

For  the  salary  of  the  deputy  chief  of  the  detective  de-  Deputy  chief 
partment  of  the  district  police,  twenty-four  hundred  dol-  depanment. 
lars. 

For  the  salary  of  the  clerk  of  the  detective  department  cierk. 
of  the  district  police,  twelve  hundred  dollars. 

For  the  salary  of  the  stenographer  in  the  detective  de-  stenographer, 
partment  of  the  district  police,  twelve  hundred  dollars. 

For  the  salary   of   an   additional   stenographer   in  the  Additional 
detective  department  of  the  district  police,  one  thousand  stenographer, 
dollars. 

For  compensation  of  the  members  of  the  detective  de-  compensation 
partment  of  the  district  police,  a  sum  not  exceeding  twenty-  °^  '"'^'"  ^'^^ 
one  thousand  three  hundred  dollars. 

For  compensation  of  fire  inspectors  of  the  detective  de-  Fire  inspectors, 
partment  of  the  district  police,  ten  thousand  eight  hundred 
dollars. 


30 


Acts,  1908.  — Chap.  34. 


Travelling 
expenses. 


Special  ser- 
vices, etc. 


For  travelling  expenses  of  the  members  of  the  detective 
department  of  the  district  jjolice,  a  sum  not  exceeding 
twelve  thousand  dollars. 

For  special  services  and  exj^enses  of  persons  employed 
nnder  the  direction  of  the  deputy  chief  of  the  detective 
department  of  the  district  police  in  the  investigation  of 
tires,  including  witness  fees,  travel,  contingent  and  inci- 
dental expenses,  a  sum  not  exceeding  one  thousand  dollars. 


Deputy  chief 
of  inspection 
department. 

Chief  of  boiler 
inspectors. 

Clerks. 


Compensation 
of  members. 


Travelling 
expenses. 


Board  of 
boiler  rules. 


Expenses. 


Steamer 
Lexington. 


Repairs  to 
steamer  Lex- 
ington. 


I]S"SPECTION    DEPARTMENT. 

For  the  salary  of  the  deputy  chief  of  the  inspection  de- 
partment of  the  district  police,  twenty-four  hundred  dollars. 

For  the  salary  of  the  chief  inspector  of  the  boiler  inspec- 
tion department  of  the  district  police,  two  thousand  dollars. 

For  the  salaries  of  the  clerks  in  the  inspection  depart- 
ment of  the  district  police,  five  thousand  dollars. 

For  the  compensation  of  the  members  of  the  inspection 
department  of  the  district  police,  a  sum  not  exceeding  sixty- 
eight  thousand  five  hundred  dollars. 

For  travelling  expenses  of  the  members  of  the  inspection 
department  of  the  district  police,  a  sum  not  exceeding  nine- 
teen thousand  dollars. 

For  the  compensation  of  the  members  of  the  board  of 
boiler  rules,  a  sum  not  exceeding  one  thousand  dollars. 

For  such  necessary  expenses  as  the  board  of  boiler  rules 
may  find  necessary,  a  sum  not  exceeding  twelve  hundred 
and  fifty  dollars. 

For  expenses  of  operating  the  steamer  Lexington,  which 
is  in  charge  of  the  chief  of  the  district  police  and  used  in 
the  enforcement  of  the  fish  laws  of  the  commonwealth,  a 
sum  not  exceeding  nine  thousand  dollars. 

To  provide  for  making  extensive  repairs  to  the  steamer 
Lexington,  under  the  direction  of  the  chief  of  the  district 
police,  a  sum  not  exceeding  twenty-five  hundred  dollars. 

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

Approved  January  27,  1908. 


Chcip.  34:  An  Act  making  appropriations  for  the  board  of  reg- 
istration IN  DENTISTRY. 

Be  it  enacted,  etc.,  as  follows: 
Appropria-  Section  L     The  sums  hereinafter  mentioned  are  appro- 

priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  board  of  registration  in 


Acts,  1908.  — Chaps.  35,  36.  31 

dentistry,  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eight,  to  wit :  — 

For  the  sahiries  of  the  members  of  the  board,  seventeen  Board  of  reg- 

,  ,        1111  istration  in 

hundred  dollars.  dentistry. 

For  clerical  services,   jwstage,   printing,  travelling  and  sltvicfa  etc. 
other  necessary  expenses  of  the  board,  to  include  the  print- 
ing of  the  annual  report,  a  sum  not  exceeding  twenty-two 
hundred  dollars. 

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

Approved  January  21 ,  1908. 

An  Act  making  APPRorRiATioNs  fok  salaries  and  ex-  QJku)    35 

PENSES  IN   THE   OFFICE  OF  THE   CONTROLLER  OF   COUNTY 
ACCOUNTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Api'^pria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  purposes  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the   salary   of   the   controller   of   county    accounts.  Controller  of 
twenty-five  hundred  dollars.  counte.*"' 

For  the  salary  of  the  first  deputy  controller  of  county  First  deputy, 
accounts,  eighteen  hundred  dollars. 

For  the  salary  of  the  second  deputy  controller  of  county  Second  deputy, 
accounts,  fifteen  hundred  dollars. 

For  the  salary  of  the  third  deputy  controller  of  county  Third  deputy, 
accounts,  twelve  hundred  dollars. 

For  travelling  and  office  expenses  of  the  controller  of  Expenses, 
county  accounts  and  his  deputies,  to  include  the  printing 
and  binding  of  the  annual  report,  a  sum  not  exceeding 
nineteen  hundred  and  fifty  dollars. 

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

Approved  January  29,  1908. 

An    Act    making    appropriations    for    salaries    and  r^jinr^    3(3 

EXPENSES  in  the  DEPARTMENT  OF  THE  ATTORNEY- 
GENERAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  ^^^^^' 
from  the  ordinary  revenue,  for  the  purposes  specified,  for 


32 


Acts,  1908.  — Chap.  37. 


Attorney-gen- 
eral. 


Assbtants,  etc. 


the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  lumdred  and  eight,  to  wit:- — 

For  the  salary  of  the  attorney-general,  live  thousand 
dollars. 

For  the  compensation  of  assistants  in  the  office  of  the 
attorney-general,  and  for  snch  additional  legal  assistance 
as  he  may  deem  necessary  in  the  discharge  of  his  dnties, 
and  also  for  other  necessary  expenses  in  his  department,  a 
sum  not  exceeding  forty-five  thonsand  dollars. 

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

Ajyproved  January  29,  1908. 


Chap.  37 


Appropria- 
tions. 


Bank  com- 
missioner. 

Deputy. 
Secretary. 
Examiners. 
First  clerk. 
Second  clerk. 
Third  clerk. 


Additional 
clerks,  etc. 


Expenses. 


An  Act  making  APriiOPKiATioNS  for  salaries  and  ex- 
penses IN  THE  DEPARTMENT  OE  THE  BANK  COMMIS- 
SIONER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasnry  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  salary  and  expenses  of 
the  bank  commissioner,  for  the  fiscal  year  ending  on  the 
thirtieth  day  of  JSTovember,  nineteen  hundred  and  eiglit,  to 
wit:  — 

For  the  salary  of  the  commissioner,  the  sum  of  five  thou- 
sand dollars. 

For  the  salary  of  the  deputy  commissioner,  the  sum  of 
three  thousand  dollars. 

For  the  salary  of  the  secretary  of  the  commissioner,  the 
snm  of  twenty-five  hundred  dollars. 

For  the  salaries  of  the  examiners  of  the  commissioner, 
the  snm  of  ten  thonsand  dollars. 

For  the  salary  of  the  first  clerk,  the  sum  of  two  thousand 
dollars. 

For  the  salary  of  the  second  clerk,  the  sum  of  seventeen 
hundred  dollars. 

For  the  salary  of  the  third  clerk,  the  sum  of  fourteen 
hundred  dollars. 

For  such  additional  clerks  and  expert  assistants  as  the 
commissioner  may  deem  necessary,  a  sum  not  exceeding 
forty-two  hundred  dollars. 

For  printing,  stationery  and  office  su])plies,  and  for  trav- 
elling and  other  expenses  of  the  commissioner,  a  sum  not 
exceeding  sixty-five  hundred  dollars. 


Acts,  1908.  — Chap.  38.  33 

For  printing  and  binding  the  annual  report,  a  snm  not  Annual  report, 
exceeding  fifty-five  hnndred  dollars. 

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

Approved  January  29,  1908. 

Aisr  Act  making  ArpROPRiATioNs  for  the  salaries  and  (JJki^j    3g 

EXPENSES   OF   THE   RAILROAD   COMMISSIONERS. 

Be  it  enacted,  etc.,  cls  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  Railroad  Commissioners'  *'°"^' 
Fund,  for  the  salaries  and  expenses  of  the  railroad  com- 
mission, for  the  fiscal  year  ending  on  the  thirtieth  day  of 
Xovember,  nineteen  hundred  and  eight,  to  wit :  — 

For  the  salaries  of  the  coimnissioners,  sixteen  thousand  Railroad  com- 

•'  nussioners. 

dollars. 

For  the  salary  of  the  clerk  of  the  commissioners,  three  cierk. 
thousand  dollars. 

For  the  salary  of  the  assistant  clerk  of  the  commission-  Assistant  clerk. 
ers,  eighteen  hundred  dollars. 

For  such  additional  clerical  assistance  as  the  commis-  clerical 
sioners  may  find  necessary  for  the  projx^r  despatch  of  pub-  assistance. 
lie    business,    a    sum    not    exceeding    twenty-two    hundred 
dollars. 

For  the  salary  of  the  accountant  of  the  commissioners.  Accountant, 
twenty-five  hundred  dollars. 

For  the  salaries  and  expenses  of  the  railroad  inspectors,  Railroad 
a  sum  not  exceeding  seventeen  thousand  dollars.  inspectors. 

For  the  compensation  of  experts  or  other  agents  of  the  Experts,  etc. 
commissioners,  a  sum  not  exceeding  eight  thousand  dollars. 

For  rent,  care  of  office  and  salary  of  a  messenger  for  the  Messenger,  etc. 
commissioners,  a  sum  not  exceeding  six  thousand  dollars. 

For  books,   maps,   statistics,   stationery,   incidental   and  Expenses, 
contingent  expenses  of  the  commissioners,  a  sum  not  ex- 
ceeding forty-five  hundred  dollars. 

For  stenographers  and  stenographic  reports,  a  sum  not  stenographers, 
exceeding  twenty-four  hundred  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  effect  upon  its  passage. 

Approved  January  29,  1908. 


34 


Acts,  1908.  — Chap.  39. 


Chaj).  39  An  Act  making  appropriations  for  salaries  and  ex- 
penses IN  THE  OFFICE  OF  THE  PRISON  COMMISSIONERS, 
AND   FOR   SUNDRY   REFORMATORY   EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 

Sectiont  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  commonweaUh 
from  the  ordinary  revenue,  for  the  pur]X)ses  specified,  for 
the  fiscal  year  ending  on  the  tliirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salary  of  the  chairman  of  the  prison  commis- 
sioners, four  thousand  dollars. 

For  the  salary  of  the  secretary  of  the  prison  commis- 
sioners, twenty-five  hundred  dollars. 

For  clerical  assistance  in  the  office  of  the  prison  com- 
missioners, a  sum  not  exceeding  forty-eight  hundred  dol- 
lars. 

For  the  salaries  of  the  agents  of  the  prison  commission- 
ers, fifty-two  hundred  dollars. 

For  travelling  exjienses  of  the  prison  commissioners  and 
of  the  secretary  and  agents  of  said  commissioners,  a  sum 
not  exceeding  three  thousand  dollars. 

For  incidental  and  contingent  expenses  of  the  prison 
commissioners,  including  the  printing  and  binding  of  the 
annual  report,  a  sum  not  exceeding  twenty-seven  hundred 
dollars. 

For  the  salary  of  the  agent  for  aiding  discharged  female 
prisoners,  one  thousand  dollars. 

For  the  expenses  of  the  agent  for  aiding  discharged 
female  prisoners,  including  assistance  rendered  to  such 
prisoners,  a  sum  not  exceeding  three  thousand  dollars. 

For  aiding  prisoners  discharged  from  the  Massachusetts 
reformatory,  a  sum  not  exceeding  five  thousand  dollars. 

For  aiding  prisoners  discharged  from  the  state  prison, 
a  sum  not  exceeding  three  thousand  dollars. 

For  expenses  incurred  in  removing  prisoners  to  and  from 
state  and  county  prisons,  a  sum  not  exceeding  twenty-one 
hundred  dollars. 

For  expenses  in  connection  with  the  identification  of 
criminals,  a  sum  not  exceeding  nineteen  liundred  dollars. 

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

Approved  January  29,  1908. 


Appropria- 
tions. 


Prison  com- 
missioners, 
chairman. 

Secretary. 


Clerical 
assistance 


Agents. 


Travelling 
expenses. 


Incidental  and 

contingent 

e.xpenses. 


Agent  for  dis- 
charged female 
prisoners. 

Expenses  of 
agent,  etc. 


Aiding  pris- 
oners dis- 
charged from 
reformatory. 
Aiding  pris- 
oners dis- 
charged from 
state  prison. 
Removal  of 
prisoners. 


Identification 
of  criminals. 


Acts,  1908.  — Chaps.  40,  41.  35 


An  Act  making  appropriations  for  the  salaries  and  Q]iqij)^  40 
expenses  of  the  gas  and  electric   light   commis- 
SIONERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  Gas  and  Electric  Light  Com- 
missioners' Fund,  for  the  purposes  specified,  for  the  fiscal 
year  ending  on  the  thirtieth  day  of  November,  nineteen 
hundred  and  eight,  to  wit :  — 

For  the  salaries  of  the  commissioners,  eleven  thousand  frfc  Ught^'iom- 

dollarS.  missioners. 

For  clerical  assistance  to  the  commissioners,  a  sinu  not  clerical 

assistance. 

exceeding  hve  thousand  dollars. 

For  statistics,  books,  stationery,  and  for  other  necessary  Expenses, 
expenses  of  the  commissioners,  a  sum  not  exceeding  three 
thousand  dollars. 

For  the  inspection  of  electric  meters,  a  sum  not  exceed-  efe^c^ric^J^eters 
ing  one  thousand  dollars. 

For  the  salary  of  the  gas  inspector,  twenty-five  hundred  Gas  inspector. 
dollars. 

For  the  salary  of  the  first   assistant   inspector,   fifteen  First  assistant. 
hundred  dollars. 

For  the  salary  of  the  second  assistant  inspector,  twelve  Second 

,  1        Tin  assistant. 

hundred  dollars. 

For  compensation  of  deputies,  travelling  expenses,  appa-  Expenses. 
ratus,  office  rent  and  other  incidental  expenses,  a  sum  not 
exceeding  eight  thousand  dollars. 

For  printing  and  binding  the  annual  report,  a  sum  not  Annual  report, 
exceeding  sixteen  hundred  dollars. 

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

Approved  January  29,  1908. 


An  Act  making  appropriations  for  printing  and  bind-  Qhn^j    A^ 

ING  PUBLIC  DOCUMENTS,  FOR  PURCHASING  PAPER,  AND 
FOR  PUBLISHING  LAWS  AND  MATTERS  RELATING  TO  ELEC- 
TIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  pur|X)ses  specified,  for 


36 


Acts,  1908.  — Chap.  42. 


Public 
documents. 


Pamphlet  edi- 
tion of  acts. 


Blue  book. 


Publication  of 
laws. 


Decisions  of 
supreme 
judicial  court. 

Purchase  of 
paper. 


books,  etc. 


Registration 
books,  etc. 


Printing,  etc., 
ballots. 

Blank  forms, 
etc. 


the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

For  printing  and  binding  the  series  of  pnblic  documents, 
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  fifty-five 
lumdred  dollars. 

For  printing  and  binding  the  blue  book  edition  of  the 
acts  and  resolves  of  the  present  year,  a  sum  not  exceeding 
nine  thousand  dollars. 

For  the  newspaper  publication  of  the  general  laws  and 
of  information  intended  for  the  public,  a  sum  not  exceed- 
ing five  hundred  dollars. 

For  reports  of  decisions  of  the  supreme  judicial  court, 
a  sum  not  exceeding  two  thousand  dollars. 

For  the  purchase  of  paper  used  in  the  execution  of  the 
contract  for  the  state  printing,  a  sum  not  exceeding  thirty- 
six  thousand  dollars. 

For  assessors'  books  and  blanks,  a  sum  not  exceeding 
one  thousand  dollars. 

For  registration  books  and  blanks,  and  for  indexing  re- 
turns and  editing  the  registration  report,  a  sum  not  exceed- 
ing five  thousand  dollars. 

For  printing  and  distributing  ballots,  a  sum  not  exceed- 
ing twelve  thousand  dollars. 

For  blanks  for  town  officers,  election  laws  and  blanks 
and  instructions  on  all  matters  relating  to  elections,  and 
for  the  expense  of  advertising  the  state  ticket,  a  sum  not 
exceeding  four  thousand  dollars. 

Sectiotst  2.     This  act  shall  take  effect  ujwn  its  passage. 

Approved  January  29,  1908. 


Chaj).    42  ^^  ^^CT  MAKING  APPROPKIATIOXS  FOR  THE  BOARD  OF  REG- 
ISTRATION   IN    MEDICINE. 

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  board  of  registration  in 
medicine,  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eight,  to  wit :  — 
Board  of  For  the  salaries  of  the  members  of  the  board,  forty-three 

registration  in      ,  ,        •■     •■    -■-, 

medicine.  liundrcd  doliars. 


Appropria- 
tions. 


Acts,  1908.  — Chap.  43.  37 

For  travelline;  and  other  exwnses  of  the  board,  a  sum  Travelling 

,.  P    ,  ,        ,     ,    ,,  expenses,  etc. 

not  exceeding  six  nimdred  dollars. 

For  the  clerk  of  the  board,  the  sum  of  sev^n  hundred  ^•*'''^- 
and  eighty  dollars. 

For  printing,  postage,  office  supplies  and  contingent  ex-  Contingent 
penses  of  the  members  of  the  board,  to  include  the  printing  ^""P^"^^^- 
of  the  annual  report,  a  sum  not  exceeding  twelve  hundred 
and  twenty  dollars. 

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

Approved  January  29,  1908. 

An  Act  relative  to  the  watee  loan  of  the  town  of  QJiqjj^  43 

MARION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  five  of  chapter  two  hundred  and  ^^^J^lg^;  ^  ^• 
sixty-eight  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  striking  out  the  word  "  sixty- 
five  ",  in  the  fourth  line,  and  inserting  in  place  thereof  the 
words :  —  one  hundred,  —  and  by  inserting  after  the  word 
"  four  ",  in  the  ninth  line,  the  words :  —  and  one  half,  — 
so  as  to  read  as  follows :  —  Section  5.     Said  town  may,  for  Town  of 

,,  c  '  ,1  1   T    1  -Tx-         Marion  Water 

the  purpose  oi  paying  the  necessary  expenses  and  liabilities  Loan, 
incurred  under  the  provisions  of  this  act,  issue  from  time 
to  time  ])onds,  notes  or  scrip  to  an  amount  not  exceeding 
one  hundred  thousand  dollars.  Such  bonds,  notes  or  scrip 
shall  bear  on  their  face  the  words.  Town  of  Marion  Water 
Loan,  and  shall  be  payable  at  the  expiration  of  j^riods  not 
exceeding  thirty  years  from  the  dates  of  issue ;  shall  bear 
interest,  payable  semi-annually,  at  a  rate  not  exceeding- 
four  and  one  half  per  cent  per  annum,  and  shall  l)e  signed 
by  the  treasurer  of  the  town  and  countersigned  by  the 
water  commissioners  hereinafter  provided  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, 
and  upon  such  terms  and  conditions  as  it  may  deem  proper : 
provided,  that  such  securities  shall  not  be  sold  for  less  than  Proviso, 
the  par  value  thereof. 

Section  2.  This  act  shall  take  effect  upon  its  accept-  when  to  take 
ance  by  a  majority  of  the  voters  of  the  town  of  Marion 
present  and  voting  thereon  by  ballot  at  a  legal  town  meet- 
ing called  for  the  purpose.  So  far  as  it  relates  to  accept- 
ance by  the  said  town  this  act  shall  take  effect  upon  its 
passage.  Approved  February  J^,  1908. 


88 


Acts,  1908.  — Chaps.  44,  45. 


Exterminating 
diseases  among 
horses,  etc. 


Chap.  44  An  Act  making  an  appropeiation  for  exterminating 

DISEASES  AMONG  HORSES,  CATTLE  AND  OTHER  ANIMALS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sum  of  seventy  thousand  dollars  is 
hereby  appropriated,  to  be  paid  out  of  the  treasury  of  the 
commonwealth  from  the  ordinary  revenue,  for  the  extermi- 
nation of  contagious  diseases  among  horses,  cattle  and  other 
animals,  during  the  fiscal  year  ending  on  the  thirtieth  day 
of  jSTovember,  nineteen  hundred  and  eight. 

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

Approved  February  If,  1908. 


Chap.  45  An   Act 


Appropria- 
tions, Massa- 
chusetts Agri- 
cultural 
College. 


Free 
scholarships. 


Theoretical 
and  practical 
education. 


Labor  fund, 
etc. 


Veterinary 
laboratory. 


He.ating  and 
lighting  plant. 


Dining  hall. 


Experiment 
station. 

Collecting  and 
analyzing 
samples  of 
feed  stuffs. 


MAKING    APPROPRIATIONS     FOR     THE     MASSACHU- 
SETTS AGRICULTURAL   COLLEGE. 

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  purix)ses  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

For  providing  one  hundred  and  twenty  free  scholarships 
at  the  Massachusetts  Agricultural  College,  the  sum  of  fif- 
teen thousand  dollars. 

For  providing  the  theoretical  and  practical  education  re- 
quired by  the  charter  of  the  college  and  the  laws  of  the 
United  States  relating  thereto,  the  sum  of  seventeen  thou- 
sand dollars. 

For  the  further  maintenance  of  the  college,  the  sum  of 
ten  thousand  dollars,  of  which  five  thousand  dollars  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  one  thousand  dollars. 

For  the  maintenance  of  the  heating  and  lighting  ])lant 
of  the  college,  the  sum  of  five  hundred  doUai'.s. 

For  the  maintenance  of  the  dining  hall  at  the  college,  the 
sum  of  five  hundred  dollars. 

For  maintaining  an  agricultural  experiment  station  at 
the  college,  the  sum  of  ten  thousand  five  hundred  dollars. 

For  colh^cting  and  analyzing  samples  of  concentrated 
commercial  feed  stuffs,  a  sum  not  exceeding  three  thou- 
sand dollars. 


Acts,  1908.  — Chap.  46.  39 

For  travelling  and  other  necessary  expenses  of  the  tnis-  Expenses  of 
tees,  a  sum  not  exceeding  eight  hundred  dollars. 

For  printing  and  binding  the  report  of  the  trustees,  a  Report  of 
sum  not  exceeding  twelve  hundred  dollars. 

For  printing  and  binding  the  report  of  the  Massachu-  Report  of 
setts  agricultural  experiment  station,  a  sum  not  exceeding  station.  ^° 
twelve  hundred  dollars. 

For  the  establishment  of  a  normal  department  at  the  col-  panment^etc 
lege,  for  the  purpose  of  giving  instruction  in  the  elements 
of  agriculture  to  persons  desiring  to  teach  such  elements  in 
the  public  schools,  a  sum  not  exceeding  five  thousand  dol- 
lars. 

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

Approved  February  4,  1908. 


An  Act  making  appropriations  for  salaries  and  ex-  (JJiqi^^  4(5 
penses  in  the  office  of  the  state  board  of  agri- 
culture, and  for  sundry  agricultural  expenses. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  *'°"''' 
from  the  ordinary  revenue,  for  the  purposes  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salary  of  the  secretary  of  the  state  board  of  agri-  ff^fe^'^oJ^^  of 
culture  and  executive  officer  of  the  state  dairy  bureau,  three  agriculture, 
thousand  dollars. 

For  the  salary  of  the  first  clerk  of  the  secretary  of  the  First  clerk. 
said  board,  eighteen  hundred  dollars. 

For  the  salary  of  the  second  clerk  of  the  secretary  of  Second  clerk. 
the  board,  fourteen  hundred  dollars. 

For  travelling  and  other  necessary  expenses  of  the  secre-  Travelling, 
tary  of  the  board,  a  sum  not  exceeding  five  hundred  dollars.  orsec*retary^^ 

For  other  clerical  assistance  in  the  office  of  the  secretary  clerical 
of  the  board,  and  for  lectures  before  the  board  at  its  annual 
meeting  and  at  other  meetings,  a  sum  not -exceeding  seven 
hundred  dollars. 

For  printing  and  binding  the  annual  report  of  the  state  Annual  report, 
board  of  agriculture,   a  sum  not  exceeding  six   thousand 
dollars. 

For    incidental    and    contingent    expenses    of    the    said  incicientai  and 

,__»  1  continKent 

board,  to  include  the  printing  and  furnishing  of  extracts  expenses. 


40 


Acts,  1908.  — Chap.  46. 


Travelling 

expenses 

of  the  board. 


Lectures  at 

farmers' 

institutes. 


Bounties. 


Salary  of  agent 
of  dairy 
bureau. 

E.Kperts, 
chemists,  etc. 


Nursery 
inspectors. 


from  trespass  laws,  a  sum  not  exceeding  eleven  hundred 
dollars. 

For  travelling  and  other  necessary  expenses  of  the  mem- 
bers of  the  board,  a  simi  not  exceeding  fifteen  hundred 
dollars. 

For  disseminating  useful  information  in  agriculture  by 
means  of  lectures  at  farmers'  institutes,  a  sum  not  exceed- 
ing four  thousand  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, 
eighteen  hundred  dollars. 

For  assistants,  experts,  chemists,  agents,  and  for  other 
necessary  expenses  of  the  state  dairy  l)urcau,  to  include  the 
printing  of  the  annual  report,  a  sum  not  exceeding  seven 
thousand  dollars. 

For  compensation  and  expenses  of  state  nursery  inspect- 
ors, a  sum  not  exceeding  two  thousand  dollars. 


Chief  of  cattle 
bureau. 


Clerk. 


Expenses. 


Inspectors  of 
animals. 


CATTLE  BUKEAU. 

For  the  salary  of  the  chief  of  the  cattle  bureau,  eighteen 
hundred  dollars. 

For  the  salary  of  the  clerk  of  the  chief  of  the  cattle 
bureau,  twelve  hundred  dollars. 

For  travelling  and  other  necessary  expenses  of  the  chief 
of  the  cattle  bureau,  including  extra  clerks  and  stenogra- 
phers, stationery,  and  for  printing  and  binding  the  annual 
report,  a  sum  not  exceeding  four  thousand  dollars. 

For  compensation  of  inspectors  of  animals,  a  sum  not 
exceeding  seventy-five  hundred  dollars. 


STATE    FORESTER. 

State  forester.        YoY  the  Salary  of  the  state  forester,  three  thousand  dol- 
lars. 
an!;?elc'^"'"''''        ^OF  clerical  assistance  to  and  incidental  and  contingent 
expenses  of  the  state  forester,   a  sum  not  exceeding  ten 
thousand  dollars. 

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

Approved  February  Jf,  1908. 


Acts,  1908.  — Chaps.  47,  48.  41 


An  Act  making  appropriations  for  salaries  and  ex-  (JJkii)    47 
penses  in  the  department  of  the  tax  commissioner 
and  commissioner  of  corporations. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  liereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  pnrjwses  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  Xovember, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salary  of  the  tax  commissioner   and   eommis-  Tax  commis- 

•  p  ^.-  r>ii  iim  sioner,  etc. 

sioner  oi  corporations,  nve  thousand  dollars. 

For  the  salary  of  the  deputy  tax  commissioner,   three  Deputy, 
thousand  dollars. 

For  the  salaries  of  the  three  assistants  in  the  office  of  Assistants. 
the  tax  commissioner,  seven  thousand  dollars. 

For  the  salary  of  the  first  clerk  in  the  office  of  the  tax  First  clerk, 
commissioner,  two  thousand  dollars. 

For  the  salary  of  the  second  clerk  in  the  office  of  the  Second  clerk. 
tax  commissioner,  fifteen  hundred  dollars. 

For  such  additional  clerical  assistance  as  the  tax  com-  clerical 

n      1  j»j11  jIc  it       assistance. 

missioner  may  iind  necessary  lor  the  despatch  ot  public 
business,  a  sum  not  exceeding  twenty-nine  thousand  five 
hundred  dollars. 

For  incidental  and  contingent  expenses  of  the  tax  com-  Expenses, 
missioner   and   commissioner  of  corporations,   a   sum   not 
exceeding  fifty-five  hundred  dollars. 

For  travelling  expenses  of  the  tax  commissioner  and  his  Travelling 
deputy,  a  sum  not  exceeding  one  thousand  dollars.  expenses.. 

For  printing  and  binding  the  annual  report  of  the  tax  Annual  report. 
com'missioner,  a  sum  not  exceeding  eleven  hundred  dollars. 

Section  2.     This  act  shall  take  efi^ect  upon  its  passage. 

Approved  February  J^,  1908. 


An  Act  to  provide  that  in  the  city  of  springfield  (JJiqi^^  48 
the  aldermen  and  common  council  may  fill  vacan- 
cies arising  in  their  respective  bodies. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     In  the  city  of  Springfield,  if  there  is  a  Filling  of 
vacancy  in  the  board  of  aldermen  it  may  be  filled  by  a  boarS^of  a'lder- 
majority  vote  of  the  board,  and  if  there  is  a  vacancy  in  ^^^  c'oundUn 
the  common  council  it  may  be  filled  bv  a  maioritv  vote  of  L'^®-'''*^?^ 

^  •-■  .'  V  bpringneld. 


42 


Acts,  1908.  — Chap.  49. 


Certain  provi- 
sions of  law  not 
to  apply. 


When  to  take 
effeet. 


the  common  coimcil.  The  person  so  elected  shall  he  of  the 
sam(>  ])olitical  party  as  the  person  whom  he  succeeds,  and 
shall  hold  office  until  his  successor  is  elected  and  qualified. 
His  successor  shall  be  elected  at  the  next  annual  city  elec- 
tion. 

Section  2.  So  much  of  section  thirty-three  of  chapter 
twenty-six  of  the  Revised  Laws  as  is  inconsistent  herewith 
shall  not  apply  to  the  city  of  Springfield. 

Section  3.  This  act  shall  take  eifect  upon  its  passage, 
and  shall  apply  to  any  vacancy  now  existing. 

Approved  February  Jf,  1908. 


Chap.  49 


Appropria- 
tions. 


Engineer's 
department. 


Watchmen. 


Messengers, 
porters,  etc. 


Telephones. 


Heat,  light, 
etc. 


Care  of  state 
house,  etc. 


New  furniture, 
etc. 


An  Act  making  appropriations  for  salaries  and  ex- 
penses IN  THE  DEPARTMENT  OF  THE  SERGEANT-AT- 
ARMS. 

Be  it  enaeted,  etc.,  as  fuUoivs: 

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  department  of  the  ser- 
geant-at-arms,  for  the  fiscal  year  ending  on  the  thirtieth 
day  of  J^ovember,  nineteen  hundred  and  eight,  to  wit :  — 

For  the  salaries  of  the  chief  engineer  and  other  em- 
ployees in  the  engineer's  department,  a  sum  not  exceeding 
twenty-eight  thousand  nine  hundred  and  forty  dollars. 

For  the  salaries  of  the  watchmen  and  assistant  watch- 
men at  the  state  house,  a  sum  not  exceeding  fourteen  thou- 
sand six  hundred  dollars. 

For  the  salaries  of  the  sergeant-at-arms'  messengers,  por- 
ters and  office  boy  at  the  state  house,  a  sum  not  exceeding 
eleven  thousand  and  sixty  dollars. 

For  rent  of  telej^hones  and  expenses  in  connection  there- 
with at  the  state  house,  a  sum  not  exceeding  seven  thou- 
sand dollars. 

For  heat,  light  and  power  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  expenses 
as  may  be  necessary  at  the  various  buildings  now  occupied 
by  state  departments,  a  sum  not  exceeding  twenty-four 
thousand  dollars. 

For  new  furniture  and  fixtures,  a  sum  not  exceeding  six 
thousand  dollars. 


Acts,  1908.  — Chaps.  50,  51.  43 

'For  the  salary  of  the  state  house  matron,  a  sum  not  ex-  Matron, 
ceeding  eight  hundred  dollars. 

For  the  salary  of  the  state  house  carpenter,  the  sum  of  Carpenter. 
fourteen  hundred  dollars. 

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

Approved  February  Jf,  1908. 

An  Act  making  appropriations  for  the  maintenance  (JJiap.  50 

OF      THE      MASSACHUSETTS      SCHOOL      FOR      THE      FEEBLE- 
MINDED. 

Be  it  enacted,  etc.,  as  follows:   ' 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  for  the  maintenance  of  the  Massachu- 
setts School  for  the  Feeble-Minded  during  the  fiscal  year 
ending  on  the  thirtieth  day  of  K'ovember,  nineteen  hun- 
dred and  eight,  to  wit :  — 

From  the  receipts  of  said  school  now  in  the  treasury  of  sctfoofforfhl 
the  commonwealth,  the  sum  of  one  hundred  twenty-nine  J;eebie- 

.  1        •  '     1  Mindea. 

thousand  six  hundred  nmety-six  dollars  and  ninety-three 
cents,  and  from  the  treasury  of  the  commonwealth  from  the 
ordinary  revenue,  a  sum  in  addition  not  exceeding  one 
hundred  eighteen  thousand  one  hundred  fourteen  dollars 
and  ninety-six  cents. 

For  the  city  of  Waltham  for  the  annual  assessment  due  cuy  of 
from  the  commonwealth  toward  maintaining  and  operating 
a  system  of  sewage  disposal  at  the  ]\Iassachusetts  School 
for  the  Feeble-Minded,  the  sum  of  eight  hundred  twenty 
dollars  and  eighty-nine  cents,  as  provided  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  February  6,  1908. 

An   Act  making  an  appropriation  for  the   mainte-  (JJidp^  51 
nance  of  the  foxborough  state  hospital. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  for  the  maintenance  of  the  Foxborough 
state  hospital  during  the  fiscal  year  ending  on  the  thirtieth 
day  of  November,  nineteen  hundred  and  eight,  to  wit :  — 

From  the  receipts  of  said  hospital  now  in  the  treasury  Foxborough 
of  the  commonwealth,  the  sum  of  fifteen  thousand  seven  "*^^^  hospital. 


4A  Acts,  1908.  — Chaps.  52,  53. 

hniKlrod  seventy-seven  dollars  and  twenty-eight  cents,  and 
from  the  treasury  of  the  commonwealth  from  the  ordinary 
revenue,  a  sum  in  addition  not  exceeding  seventy-nine 
thousand  two  hundred  twenty-two  dollars  and  seventy-two 
cents. 

Section  2.     This  act  shall  take  effect  u])on  its  passage. 

Approved  February  6,  1908. 

Cliap.  52  ^^  -^CT  MAKING  AN  APPKOPRIATION  FOR  THE  MAINTE- 
NANCE OF  THE  MASSACHUSETTS  HOSPITAL  FOR  EPILEP- 
TICS. 

Be  it  enacted,  etc.,  as  follows: 

Appropria-  Section  1.     The  sums  hereinafter  mentioned  are  appro- 

priated, to  be  paid  for  the  maintenance  of  the  Massachu- 
setts hospital  for  epileptics  during  the  fiscal  year  ending 
on  the  thirtieth  day  of  November,  nineteen  hundred  and 
eight,  to  wit :  — 

Massachusetts        Froui  tlic  rcccipts  of  Said  hospital  now  in  the  treasury 

hospital  for  .  i   t         i  i-  V  i  i  i      •    i '  j. 

epileptics.  of  tlic  commouwcalth,  the  sum  oi  forty-three  tnousand  eignt 
hundred  nine  dollars  and  twenty-two  cents,  and  from  the 
treasury  of  the  commonwealth  from  the  ordinary  revenue, 
a  sum  in  addition  not  exceeding  one  hundred  five  thousand 
one  hundred  ninety  dollars  and  seventy-eight  cents. 

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

Approved  February  6,  1908. 

Chan.   53  ^^^'   ^^'^^  making  an  appropriation   for  the   mainte- 
nance  OF  THE   MEDFIELD  INSANE  ASYLUM. 

Be  it  enacted,  etc.,  as  follows: 

Appropria-  Section  1.     The  sums  hereinafter  mentioned  are  appro- 

priated, for  the  maintenance  of  the  Medfield  insane  asy- 
lum during  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eight,  to  wit :  — 

Medfield  insane  From  tlic  rcccipts  of  Said  asvlum  now  in  the  treasury 
of  the  commonwealth,  the  sum  of  ten  thousand  four  hun- 
dred eight  dollars  and  forty-six  cents,  and  from  the  treas- 
ury of  the  commonwealth  from  the  ordinary  revenue,  a 
sum  in  addition  not  exceeding  three  hundred  sixteen  thou- 
sand seven  hundred  ninety-one  dollars  and  fifty-four  cents. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  6,  1908. 


tions 


asylum. 


Acts,  1908.  — Chaps.  54,  55,  56.  45 

An   Act  making  an  appropriation   for  the   mainte-  (JJiai).   54 

NANCE  OF   THE   NORTHAMPTON   STATE    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  Northamp- 
ton state  hospital   during  the  fiscal  year  ending  on  the 
thirtieth  day  of  November,  nineteen  hundred  and  eight, 
to  wit :  — 

From  the  receipts  of  said  hospital  now  in  the  treasury  Northampton 
of  the  commonwealth,  the  sum  of  forty-five  thousand  seven  ®*^*®  osp»tai. 
hundred  forty-five  dollars  and  thirty-nine  cents,  and  from 
the  treasury  of  the  commonwealth  from  the  ordinary  reve- 
nue, a  sum  in  addition  not  exceeding  one  hundred  thir- 
teen thousand  two  hundred  fifty-four  dollars  and  sixty-one 
cents. 

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

Approved  Fehruary  6,  1908. 

An  Act  making  an  appropriation  for  the  mainte-  rn.fjj^    Fin 

NANCE   of   the   STATE    COLONY  FOR  THE   INSANE.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  for  the  maintenance  of  the  state  colony  *'°"®' 
for  the  insane  during  the  fiscal  year  ending  on  the  thirtieth 
day  of  jSTovember,  nineteen  hundred  and  eight,  to  wit :  — 

From  the  receipts  of  said  colony  for  the  insane  now  in  state  colony 
the  treasury  of  the  commonwealth,  the  sum  of  eight  hun-  f°r  the  insane, 
dred  thirty  dollars   and  ninety-four  cents,   and  from  the 
treasury  of  the  commonwealth  from  the  ordinary  revenue, 
a  sum  in  addition  not  exceeding  one  hundred  four  thou- 
sand one  hundred  sixty-nine  dollars  and  six  cents. 

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

Approved  Fehruary  6,  1908. 


Chap.  56 


An   Act  making  an  appropriation   for  the   mainte- 
nance OF  THE  TAUNTON  INSANE   HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Approprfa- 
priated,  to  be  paid  for  the  maintenance  of  the  Taunton 
insane  hospital  during  the  fiscal  year  ending  on  the  thii'- 


tions. 


46  Acts,  1908.  — Chaps.  57,  58. 

ticth  (lay  of  Xovcmbor,  niiK^teon  hundred  and  oight,  to 
wit :  — 
hospital! '"^^"^  From  the  receipts  of  said  hospital  now  in  the  treasury 
of  the  commonwealth,  the  sum  of  thirty-two  thousand  one 
hundred  twenty-four  dollars  and  four  cents,  and  from  the 
treasury  of  the  commonwealth  from  the  ordinary  revenue, 
a  sum  in  addition  not  exceeding  one  hundred  ninety-six 
thousand  seven  hundred  twenty-iive  dollars  and  ninety-six 
cents. 

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

Approved  February  6,  1908. 

Chap.   57  An  Act  to  authorize  the  use  of  stamping  vaus,  on 

PUBLIC    KECORDS. 

Be  it  enacted,  etc.,  as  follows: 

RL.35  §9.  Section  1.     Section  nine  of  chapter  thirty-five  of  the 

Revised  Laws  is  hereby  amended  by  inserting  after  the 
word  "  machines  ",  in  the  third  line,  the  words :  —  or 
stamping  pad,  —  by  striking  out  the  word  "  or  ",  in  the 
fourth  line,  and  by  inserting  after  the  word  '"  device  ",  in 
the  fourth  line,  the  words :  —  or  stamping  pad,  —  so  as 

Use  of  certain    fQ  read  as  follows : — -Section  9.     Such  persons  shall  not 

appliances   for-  .  -^  .,  .  , 

bidden  unless     use  or  permit  to  bc  used  upon  such  records  any  ribbon,  pad 

approved,  etc.  i  i       •  i    <•  •     ,  •  i        ,  • ,  •'  i   • 

or  other  device  used  for  printing  by  typewriting  machines, 
or  stamping  pad,  or  any  ink  contained  in  such  ribbon,  pad, 
device,  or  stamping  pad,  except  such  as  has  been  approved 
by  the  commissioner.  If  the  commissioner  finds  that  an 
article  so  approved  is  inferior  to  the  standard  established 
by  him  he  shall  cancel  his  approval. 

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

Approved  February  6,  1908. 

Chap.  58  An   Act   making  an  appropriation   for  the   mainte- 
nance OF  THE  DANVERS  INSANE   HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Appropria-  Sectiox  1.     The  suiiis  hereinafter  mentioned  are  appro- 

priated, to  be  })aid  for  the  maintenance  of  the  Danvers 
insane  hospital  during  the  fiscal  year  ending  on  the  thir- 
tieth day  of  jSTovembcr,  nineteen  hundred  and  eight,  to 
wit :  — 

Danyers  insane  From  the  rcccipts  of  Said  hospital  now  in  the  treasury 
of  the  commonwealth,  the  sum  of  filty-threc  thousand  eight 


tions 


hospital. 


Acts,  1908.  — Chaps.  59,  60.  47 

hundred  nine  dollars  and  nine  cents,  and  from  the  treasury 
of  the  commonwealth  from  the  ordinary  revenue,  a  sum  in 
addition  not  exceeding  two  hundred  sixteen  thousand  one 
hundred  ninety  dollars  and  ninety-one  cents. 

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

Approved  February  6,  1908. 

An   Act  making  an  appropeiation   for  the   mainte-  (JJiav.  59 

NANCE  OF  THE  WORCESTER  INSANE  HOSPITAL. 

Be  it  enacted,  etc.,  as  foUoirs: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  for  the  maintenance  of  the  Worcester 
insane  hospital  during  the  fiscal  year  ending  on  the  thir- 
tieth day  of  ISTovember,  nineteen  hundred  and  eight,  to 
wit:  — 

From  the  receipts  of  said  hospital  now  in  the  treasury  Worcester  in- 
of  the  commonwealth,  the  sum  of  seventy-five  thousand  two 
hundred  thirty-nine  dollars  and  thirty-six  cents,  and  from 
the  treasury  of  the  commonwealth  from  the  ordinary  reve- 
nue, a  sum  in  addition  not  exceeding  one  hundred  ninety- 
four  thousand  seven  hundred  sixty  dollars  and  sixty-four 
cents. 

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

Approved  February  6,  1908. 

An   Act  making  an  appropriation   for  the   mainte-  (JJ^dj)    gQ 
nance  of  the  westborough  insane  hospital. 

Be  it  enacted,  etc.,  as  folloirs: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  for  the  maintenance  of  the  Westborough  *'°"^' 
insane  hospital  during  the  fiscal  year  ending  on  the  thir- 
tieth day  of  jSTovember,   nineteen  hundred   and  eight,   to 
wit:  — 

From  the  receipts  of  said  hospital  now  in  the  treasury  Westborough 
of  the  commonwealth,  the  sum  of  sixty-eight  thousand  two  '°®^°*'  °^p' 
hundred  fifty-five  dollars  and  twenty-nine  cents,  and  from 
the  treasury  of  the  commonwealth  from  the  ordinary  reve- 
nue, a  sum  in  addition  not  exceeding  one  hundred  sixty- 
seven  thousand  six  hundred  twenty-four  dollars  and  sev- 
enty-one cents. 

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

Approved  February  6,  1908. 


48 


Acts,  1908.  — Chaps.  61,  62. 


Wrentham 
state  school. 


Chap.  61  An  Act  making  an  appkopriation   fok  the   mainte- 
nance OF  THE  WRENTHAM  STATE  SCHOOL. 

Be  it  enacted,  etc.,  as  folloics: 

Section  1.  The  sum  of  twenty-one  thousand  dollars  is 
hereby  appropriated,  to  be  paid  out  of  the  treasury  of  the 
commonwealth  from  the  ordinary  revenue,  for  the  mainte- 
nance of  the  Wrentham  state  school  during  the  fiscal  year 
ending  on  the  thirtieth  day  of  November,  nineteen  hun- 
dred and  eight. 

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

Approved  Fehrnary  6,  1908. 


Chap.  62  An  Act  making  appropriations  for  the  salaries  and 
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  fiscal  year  ending  on  the  thirtieth  day  of  Novem- 
ber, nineteen  hundred  and  eight,  to  wit :  — 

For  travelling,  office  and  contingent  expenses,  including 
the  printing  and  binding  of  the  annual  report  of  the  board, 
a  sum  not  exceeding  sixty-five  hundred  dollars. 

For  salaries  and  wages  of  officers  and  employees,  a  sum 
not  exceeding  twenty-six  thousand  nine  hundred  dollars. 

For  transportation  and  medical  examination  of  state 
paupers  under  the  charge  of  the  board,  for  the  present  year 
and  for  previous  years,  a  sum  not  exceeding  eleven  thou- 
sand five  hundred  dollars. 

For  the  support  of  insane  paupers  boarded  out  in  fam- 
ilies, under  charge  of  the  board  or  temporarily  absent  under 
authority  of  the  same,  for  the  present  year  and  for  pre- 
vious years,  a  sum  not  exceeding  thirty-eight  thousand  dol- 
lars. 

For  board  of  insane  persons  in  the  Boston  insane  hos- 
])ital,  for  the  present  year  and  for  previous  years,  a  sum 
not  exceeding  one  hundred  and  thirteen  thousand  dollars. 

For  the  support  of  state  paupers  in  the  Hospital  Cottages 
for  Children,  a  sum  not  exceeding  thirty-five  hundred  dol- 
lars. 


Appropria- 
tions. 


State  board  of 
insanity,  ex- 
penses. 


Officers  and 
employees. 

Transporta- 
tion, etc.,  of 
state  paupers. 


Support  of 
certain  insane 
paupers. 


Board  of  in- 
sane persons  in 
Boston  insane 
hospital. 

Support  of  cer- 
tain state 
paupers. 


Acts,  1908.  — Chaps.  63,  64  49 

For  expenses  in  connection  with  the  support  of  certain  Support  of  cer- 
feeble-minded  persons  and  children  having  a  settlement  in  minded 
certain  small  towns,  for  the  present  year  and  for  previous  p®''®°°^'  ^*''- 
years,  a  sum  not  exceeding  fifteen  hundred  dollars. 

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

Approved  February  6,  1908. 

An  Act  making  an  appropriation   for  the   mainte-  (JJid^^  63 

NANCE  OF  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  fiscal  year  ending  on  the  thir- 
tieth day  of  ]^ovember,  nineteen  hundred  and  eight,  to 
wit :  — 

From  the  receipts  of  said  asylum  now  in  the  treasury  Worcester  in- 
of  the  commonwealth,  the  sum  of  sixty-three  hundred  «*°« '^^y'""^- 
seventy-six  dollars  and  thirty-two  cents,  and  from  the 
treasury  of  the  commonwealth  from  the  ordinary  revenue, 
a  sum  in  addition  not  exceeding  two  hundred  four  thou- 
sand six  hundred  twenty-three  dollars  and  sixty-eight 
cents. 

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

Approved  February  6,  1908. 


Chap.  64 


An  Act  making  appropriations  for  salaries  and  ex- 
penses AT  THE  REFORMATORY  PRISON   FOR  WOMEN. 

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  reformatory  prison  for 
women,  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eight,  to  wit :  — 

For  the  payment  of  salaries  and  wages,  a  sum  not  ex-  Reformatory 
ceeding  twenty-eight  thousand  dollars.  women!°aia- 

For  other  current  expenses,  a  sum  not  exceeding  thirty- 
one  thousand  five  hundred  dollars. 

For  the  town  of  Framingham,  toward  the  annual  expense  Town  of 
of  maintaining  and  operating  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  February  8,  1908, 


nes,  etc. 
Expenses. 


Framingham. 


50 


Acts,  1908.  — Chaps.  65,  66,  67. 


Chap.  Q^  An  Act  making  appkopkiations  for  salaries  and  ex- 
penses AT  THE  STATE  PRISON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  lierciiiafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  purjwses  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  payment  of  salaries  at  the  state  prison,  a  sum 
not  exceeding  eighty-one  thousand  dollars. 

For  other  current  expenses  at  the  state  prison,  a  sum  not 
exceeding  eighty-one  thousand  dollars. 

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

Approved  February  8,  1908. 


Appropria- 
tions. 


State  prison, 
salaries. 


Expenses. 


Prison  camp 
and  hospital. 


Chap.  66  An  Act  making  an  appropriation  for  maintaining  the 

prison  camp  and  hospital. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  thirty-three  thousand 
five  hundred  dollars  is  hereby  appropriated,  to  be  paid  out 
of  the  treasury  of  the  commonwealth  from  the  ordinary 
revenue,  for  salaries  and  expenses  at  the  prison  camp  and 
hospital  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eight. 

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

Approved  February  8,  1908. 


Chap.  67 


Appropria- 
tions. 


Ma,ssachusetts 
reformatory, 
salaries  of 
officers. 
Instructors, 
teachers,  etc. 


An  Act  making  appropriations  for  salaries  and  ex- 
penses   at    the    MASSACHUSETTS    REFORMATORY. 

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  reforma- 
tory, for  the  fiscal  year  ending  on  the  thirtieth  day  of  Xo- 
vember,  nineteen  hundred  and  eight,  to  wit :  — 

For  the  salaries  of  officers,  a  sum  not  exceeding  eighty- 
one  thousand  six  hundred  dollars. 

For  the  salaries  and  wages  of  in.'^tructors,  teachers  and 
other  employees,  a  sum  not  exceeding  twenty-nine  thousand 
dollars. 


Acts,  1908.  — Chap.  68.  51 

For  other  current  expenses,  a  snni  not  exceeding  one  Expenses, 
hundred  and  five  thousand  two  hundred  dollars. 

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

Approved  February  8,  1908. 

An  Act  making  appropriations  for  salaries  and  ex-  (^/^^^^    gg 

PENSES      IN      THE      OFFICE      OF      THE      STATE      BOARD      OF 
HEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  *'"°''" 
from  the  ordinary  revenue,  for  the  state  board  of  health, 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  ISTovem- 
ber,  nineteen  hundred  and  eight,  to  wit :  — 

For  the  salary  of  the  secretary  of  the  board,  five  thou-  state  board  of 

dn    11  health,  sec- 

dO  liars.  retary. 

For  the  general  work  of  the  board,  including  all  neces-  Expenses, 
sary  travelling  expenses,  a  sum  not  exceeding  twenty  thou- 
sand dollars. 

For  salaries  and  expenses  in  connection  with  the  inspec-  inspection  of 
tion  of  milk,  food  and  drugs,  a  sum  not  exceeding  fourteen  dmgs-  °° 
thousand  five  hundred  dollars. 

For  expenses   in  connection   with   the   examination   of  Examination 

oi  sGwcr 

sewer  outlets,  a  sum  not  exceeding  twelve  thousand  dollars,  outlets. 

For  expenses  in  connection  with  the  production  and  dis-  Distribution, 
tribution  of  antitoxin  and  vaccine  lymph,  a  sum  not  ex-  ?oxi'n"andVac- 
ceeding  fifteen  thousand  dollars.         ^  """^  •^'"p^- 

For  printing  and  binding  the  annual  report,  a  sum  not  Annual  report, 
exceeding  four  thousand  dollars. 

For  services  of  engineers,  chemists,  biologists  and  other  Engineers, 

•    ,        ,  1     r-  "Ti  1  •  chemists,  etc. 

assistants,  and  lor  other  expenses  made  necessary  in  pro- 
tecting the  purity  of  inland  waters,  a  sum  not  exceecling 
thirty-six  thousand  dollars. 

For  salaries  of  the  inspectors  of  health,  a  sum  not  ex-  inspectors  of 
ceeding  twenty-five  thousand  dollars.  health. 

For  expenses  necessary  to  carry  out  the  provisions  of  ^gf^^ts 
the  act  to  provide  for  the  establishment  of  health  districts, 
a  sum  not  exceeding  five  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  8,  1908. 


52 


Acts,  1908.  — Chaps.  G9,  70. 


Chaj).  69  An  Act  making  appkopriations  for  the  salaries  and 

EXPENSES  OF  THE  HARBOR  AND  LAND  COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sinns  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasnry  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  purposes  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  ISTovember, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salaries  of  the  harbor  and  land  commissioners, 


Appropria- 
tions. 


Harbor  and 
land  com- 
missioners. 

Engineers,  etc. 


eighty-seven  hundred  dollars. 


For  the  compensation  and  expenses  of  the  engineers, 
and  of  the  clerical  and  other  assistants  em])loyed  by  the 
commissioners,  a  sum  not  exceeding  thirty-three  thousand 
dollars. 

For  travelling  and  other  necessary  expenses  of  the  com- 
missioners, a  sum  not  exceeding  seven  hundred  and  fifty 
dollars. 

For  incidental  and  contingent  office  expenses  of  the  com- 
missioners, to  include  the  printing  and  binding  of  their 
annual  report,  a  sum  not  exceeding  three  thousand  dollars. 

For  printing  town  boundary  atlases,  a  sum  not  exceed- 
ing twenty-five  Inmdred  dollars. 

For  surveys  of  harbors  and  for  improving  and  preserv- 
ing the  same,  and  for  repairing  damages  occasioned  by 
storms  along  the  coast  line  or  river  banks  of  the  common- 
wealth, a  sum  not  exceeding  four  thousand  dollars. 

For  removal  of  wrecks  and  other  obstructions  from  tide 
waters,  a  sum  not  exceeding  five  hundred  dollars. 

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

Approved  February  8,  1908. 

Chap.  70  An  Act  making  an  appropriation  for  expenses  in  con- 
nection with  the  establishment  of  life  insurance 
departments  by  savings  banks. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  ten  thousand  dollars 
is  hereby  appropriated,  to  be  paid  out  of  the  treasury  of 
savings-banks,  the  commonwealtli  from  the  ordinary  revenue,  for  salaries 
and  expenses  in  coimection  with  the  establishment  of  life 
insurance  departments  by  savings  banks,  for  the  fiscal  year 
ending  on  the  thirtieth  day  of  November,  nineteen  hun- 
dred and  eight,  as  authorized  by  chapter  five  hundred  and 


Travelling 
expenses. 


Office 
expenses 


Town    bound- 
ary atlases. 


Preservation 
of  harbors,  etc. 


Removal  of 
wrecks. 


Establishment 
of  life  insur- 
ance depart- 
ments by 


Acts,  1908.  — Chaps.  71,  72.  53 

sixty-one  of  the  acts  of  the  year  nineteen  hundred  and 
seven. 

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

Approved  February  8,  1908. 

An  Act  making  appropriations  for  salaries  and  ex-  (J],n^j    71 

PENSES    IN    the    department    OF    THE    QUARTERMASTER 
GENERAL,  AND  FOR  SUNDRY  ARMORY  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  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salary  of  the  superintendent  of  armories,  eight-  Superintend- 
een  hundred  dollars.  IrmCries. 

For  the  salaries  of  the  clerks  in  the  quartermaster  gen-  cierks. 
eral's  department,  seventy-four  hundred  dollars. 

For  incidental  and  contingent  expenses  in  the  quarter-  Expenses, 
master  general's  department,  a  sum  not  exceeding  six  thou- 
sand dollars. 

For  quartermasters'  supplies,  a  sum  not  exceeding  twelve  Quarter- 
thousand  dollars.  masters'  sup- 

plies. 

For  maintenance  of  armories  of  the  first  class,  a  sum  Armories  of 
not  exceeding  seventy  thousand  dollars.  *^*^  ^''''^  '''^*'^' 

For  the  salaries  of  armorers  of  the  first  class,  a  sum  not  Armorers. 
exceeding  twenty-four  thousand  dollars. 

For  rent  and  maintenance  of  armories  of  the  second  class.  Armories  of 
a  sum  not  exceeding  eighteen  thousand  dollars.  ciass^*^''°"'* 

For  rent  and  maintenance  of  armories  of  the  third  class, 
a  sum  not  exceeding  eighteen  thousand  dollars. 

For  care  and  maintenance  of  the  camp  around  and  build-  Care  of  camp 
mgs  of  the  commonwealth  at  Framingham,  a  sum  not  ex- 
ceeding four  thousand  dollars. 

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

Approved  February  8,  1908. 


Tiiirtl  class. 


ground,  etc. 


Chap.  72 


An  Act  making  appropriations  for  the  board  of  reg- 
istration in  pharmacy. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  ''""s. 
from  the  ordinary  revenue,  for  the  purposes  specified,  for 


54 


Acts,  1908.  — Chap.  73. 


Board  of  reg- 
istration in 
pharmacy. 

Travelling 
expenses,  etc. 


Agent  of  the 
board. 


Incidental  and 

contingent 

e.xpenses. 


the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salaries  of  the  members  of  the  board  of  regis- 
tration in  pharmacy,  thirty-one  hnndred  dollars. 

For  travelling  and  other  expenses  of  the  members  of  the 
board,  a  snm  not  exceeding  seventeen  hnndred  and  twenty- 
five  dollars. 

For  the  salary  and  expenses  of  the  agent  of  the  board, 
a  snm  not  exceeding  twenty-four  hnndred  dollars. 

For  a  stenographer,  witness  fees  and  incidental  and  con- 
tingent expenses  of  the  board,  the  same  to  include  the  print- 
ing of  the  annual  report,  a  sum  not  exceeding  fifteen  hun- 
dred dollars. 

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

Approved  Fehruary  8,  1908. 


Attleborough 
Water  Loan, 
1908. 


Chap.   73  An  Act  to  authorize  the  town  of  attlebokough  to 

ISSUE   WATER  SUPPLY   BONDS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  towm  of  Attleborough,  for  the  purposes 
mentioned  in  section  four  of  chapter  sixty-nine  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-three,  and  for 
paying  the  expenses  and  liabilities  of  the  water  depart- 
ment incurred  in  necessary  extension  of  the  works  and  for 
paying  the  cost  of  laying  additional  water  mains,  may  issue 
from  time  to  time  bonds,  notes  or  scrip  to  an  amount  not 
exceeding  one  hundred  thousand  dollars  in  addition  to  the 
amount  heretofore  authorized  by  law  to  be  issued  by  said 
town  for  water  works  purposes.  Such  bonds,  notes  or  scrip 
shall  bear  on  their  face  the  words,  Attleborough  Water 
Loan,  1908;  shall  be  payable  at  the  expiration  of  periods 
not  exceeding  thirty  years  from  the  date  of  issue ;  shall 
bear  interest,  payable  semi-annually,  at  a  rate  not  exceed-, 
ing  four  and  one  half  per  cent  per  annum ;  and  shall  be 
signed  by  the  treasurer  of  the  town  and  countersigned  by 
the  water  commissioners.  The  town  may  sell  said  securi- 
ties at  public  or  private  sale,  or  pledge  the  same  for  money 
borrowed  for  the  purposes  of  this  act,  upon  such  terms  and 
conditions  as  it  may  deem  proper:  p'ovidrd,  that  the  se- 
curities shall  not  be  sold  for  less  than  the  par  value  thereof. 

Section  2.  Said  town  shall,  at  the  time  of  authorizing 
said  loan,  provide  for  the  payment  thereof  in  such  annual 


Proviso. 


Payment  of 
loan. 


Acts,  1908.  — Chap.  74.  55 

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,  a  sum 
which  with  the  income  derived  from  water  rates  will  be 
sufficient  to  pay  the  annual  expense  of  operating  its  w^ater 
works  and  the  interest  as  it  accrues  on  the  bonds,  notes  or 
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  as- 
sessed by  the  assessors  of  said  town  in  each  year  thereafter, 
in  a  manner  similar  to  that  in  which  other  taxes  are  as- 
sessed under  the  provisions  of  section  thirty-seven  of  chap- 
ter twelve  of  the  Revised  Laws,  until  the  debt  incurred  by 
said  loan  is  extinguished. 

Section  3.     This  act  shall  take  effect  upon  its  accept-  when  to  take 
ance  by  the  town  of  Attleborough. 

Approved  February  10,  190 S. 


An  Act  relative  to  the  disposition  of  the  surplus  Q'Jidr)^  74 

OF   SINKING   FUNDS   OF   THE   CITY  OF    MEDFOED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  'Whenever  and  so  long  as  anv  sinking  fund  Disposition  of 
required  to  be  established  by  the  town  or  city  of  Medford  sinking  funds 
under  any  statute  heretofore  passed  authorizing  the  issue  Medford. 
of  water  bonds,  notes  or  scrip,  whether  under  chapter  one 
hundred  and  sixty  of  the  acts  of  the  year  eighteen  hundred 
and  seventy,  or  under  any  acts  in  amendment  thereof  or 
in  addition  thereto  or  by  reference  embodying  any  pro- 
vision of  said  chapter  one  hundred  and  sixty,  is  sufficient 
in  amount  to  meet  at  maturity  the  debt  for  which  it  was 
established,  the  surplus  of  the  net  income  derived  from  the 
water  works  in  said  city  shall  no  longer  be  set  apart  as  a 
sinking  fund  as  required  by  section  seven  of  said  chapter 
one  hundred  and  sixty,  or  paid  over  to  the  sinking  fund 
commissioners  of  said  city,  but  may  be  used  and  applied, 
as  far  as  necessary,  for  the  general  purposes  of  the  water 
supply  in  said  city,  and  the  remainder,  if  any,  as  the  said 
city  may  determine;  and  the  income  from  said  sinking 
fund,  during  each  3'ear,  shall  be  paid  by  the  sinking  fund 
commissioners  of  said  city  of  Medford  to  the  treasurer  of 
said  city  on  the  first  day  of  January  of  the  year  following, 


m  Acts,  1908.  — Chap.  75. 

except  as  to  income  received  during  the  year  nineteen  hun- 
dred and  seven,  which  shall  be  paid  upon  the  passage  of 
this  act,  and  by  him  applied  to  the  payment  of  interest, 
when  due,  on  any  water  bonds,  notes  or  scrip  outstanding: 
Proviso.  provided,  that  if  said  income  shall  be  insufficient  for  the 

payment  of  such  interest,  when  due,  the  deficiency  shall 
be  paid  from  the  income  of  the  water  department,  that  the 
provisions  of  this  section  shall  apply  to  income  from  said 
sinking  fund  received  by  the  sinking  fund  commissioners 
since  the  thirty-first  day  of  December,  nineteen  hundred 
and  six,  and  that  any  surplus  of  said  income  not  needed 
for  payment  as  aforesaid  shall  be  repaid  by  the  treasurer 
to  the  sinking  fund  commissioners  and  by  them  added  to 
the  principal  of  any  sinking  fund. 
fraTsfe^rred^to  Section  2.  "Whenever  there  is  any  surplus  in  the  prin- 
other  funds,  cipal  of  any  sinking  fund  required  to  be  established  under 
the  provisions  of  law,  over  and  above  the  amount  necessary 
to  meet  at  maturity  the  debt  for  which  such  sinking  fund 
was  established,  said  surplus  shall  be  transferred  by  the 
sinkinc;  fund  commissioners  of  said  citv  of  Medford  to 
such  other  sinking  fund  or  funds  of  said  city  as  said  com- 
missioners shall  determine. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  10,  1908. 


Chap.   75  Ax  Act  relative  to  the  pkoperty  of  persons  txder 

GUARDIANSHIP  AS    SPENDTHRIFTS. 

Be  it  enacted,  etc.,  as  follows: 
Certain  prop-        Section  1.     Auv  probatc  court  having  iurisdiction  of 

erty  of  a  spend-  i/     i  _  o    j 

thrift  may  be  ^\iq  property  of  a  person  who  is  under  guardianship  as  a 
tiie  wife.  etc.  spendthrift  may,  on  petition  of  such  ward,  and  after  such 
notice  as  the  court  may  determine,  authorize  the  guardian 
of  the  ward  to  pay,  or  to  convey,  such  portion  of  the  ward's 
real  or  personal  estate,  either  principal  or  income,  as  the 
court  may  designate,  to  the  wife  or  any  child,  or  children, 
or  grandchildren,  of  the  ward ;  and  such  property,  when  so 
paid  or  conveyed,  shall  beconie  the  property  of  the  dcmee 
or  grantee. 

Section  2.     This  act  shall  take  effect  u])ou  its  passage. 
Approved  Fehruary  10,  1908. 


Acts,  1908.— Chaps.  76,  77.  57 


An  Act  to  abolish  the  bounty  on  seals.  Chan.  76 

Be  it  enacted,  etc.,  as  follows: 

Section    1.      Section   one   liiuulred   and   thirty-nine   of  J^p^^,^^- §  ^2^' 
chapter   ninety-one   of   the   Kevased    Laws,    establishing   a 
bounty  for  killing  seals,  is  hereby  repealed. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  10,  1908. 


An  Act  relative  to  the  rate  of  interest  which  the  (JJiap^   77 

city  of  LYNN  MAY  PAY  ON  BONDS  ISSUED  FOR  THE  EREC- 
TION  OF  A   CITY  STABLE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  three  hundred  and  ^^O"-  ^-ii.  §  !• 

J,  ^1  ,    I  •1111  amended. 

forty-one  of  the  acts  ol  the  year  nineteen  hundred  and  seven 
is  hereby  amended  by  striking  out  the  word  "  four  ",  in 
the  ninth  line,  and  inserting  in  place  thereof  the  words :  — 
four  and  one  half,  —  and  by  adding  at  the  end  of  said  sec- 
tion the  following  new  sentence :  —  Any  preniium  received 
by  the  city  upon  the  sale  of  the  securities  liereby  author- 
ized shall  be  added  to  the  capital  of  the  municipal  debt 
sinking  fund,  —  so   as  to   read    as   follows:  —  Section   1.  The  city  of 
For  the  purpose  of  purchasing  land  and  erecting  thereon  row  money  for 
a  stable  suitable  for  the  accommodation  of  the  highway  Itabie"" '^  ^"  ^ 
and  other  city  departments  the  city  of  Lynn  may  incur 
indebtedness  to  an  amount  not  exceeding  one  hundred  thou- 
sand dollars,  beyond  the  limit  of  indebtedness  fixed  by  law, 
and  may  from  time  to  time  issue  bonds,  notes  or  scrip 
therefor,   payable  at  periods  not  exceeding  twenty  years 
from  the  dates  of  issue,  and  bearing  interest  at  a  rate  not 
exceeding  four  and  one  half  per  cent  per  annum.     Any  Disposition  of 
premium  received  by  the  city  upon  the  sale  of  the  securi-  premium, 
ties  hereby  authorized  shall  be  added  to  the  capital  of  the 
municipal  debt  sinking  fund. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  Fehruary  I4,  1908. 


[^S 


Acts,  1908.  — Chaps.  78,  79. 


1907,  192,  §  1, 
amended. 


Chap.   78  An  Act  to  authorize  the  city  of  lynn  to  change  the 

EATE  OF  INTEREST  ON  INDEBTEDNESS  HITHERTO  AUTHOR- 
IZED FOR  SCHOOL  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  one  luiiidred  and 
ninety-two  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  striking  out  the  word  "  four  ", 
in  the  twelfth  line,  and  inserting  in  place  thereof  the 
words :  —  fonr  and  one  half,  —  and  by  adding  at  the  end 
of  the  said  section  the  following  new  sentence :  —  Any  pre- 
mium received  by  the  city  upon  the  sale  of  the  securities 
hereby  authorized  shall  be  added  to  the  capital  of  the  mu- 
nicipal debt  sinking  fund,  —  so  as  to  read  as  follows:  — 
Sectio)i  1.  For  the  purpose  of  purchasing  land  and  erect- 
ing thereon  a  building  for  the  use  of  the  classical  high 
school  of  the  city  of  Lynn,  said  city  may  incur  indebted- 
ness to  the  amount  of  one  hundred  and  fifty  thousand  dol- 
lars in  excess  of  the  debt  limit  fixed  by  law,  and  may  from 
time  to  time  issue  bonds,  notes  or  scrip  therefor,  payable 
at  a  period  not  exceeding  twenty  years  from  the  date  of 
issue.  Such  bonds,  notes  or  scrip  shall  be  signed  by  the 
mayor  and  countersigned  by  the  treasurer  of  the  city,  shall 
be  denominated  on  the  face  thereof,  Lynn  School  Loan, 
Act  of  1907,  and  shall  bear  interest  at  a  rate  not  exceed- 
ing four  and  one  half  per  cent  per  annum.  Any  premium 
received  by  the  city  upon  the  sale  of  the  securities  hereby 
authorized  shall  be  added  to  the  capital  of  the  munici^^al 


Lynn  School 
Loan,  Act  of 
1907. 


Disposition  of 
premium. 


debt  sinking  fund. 
Section  2.     Tl 


lis  act  shall  take  eflfect  upon  its  passage. 
Approved  February  IJf,  1908. 


CJicip.   79  An  Act  to  authorize  the  town  of  franklin  to  make 

AN  ADDITIONAL   WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Franklin,  for  the  purpose  of 
moving  its  pumping  station  and  of  extending  and  ini])rov- 
ine:  its  water  service,  may  borrow  monev  from  time  to  time 
and  issue  therefor  negotiable  notes  or  bonds  to  an  amount 
not  exceeding  twenty-five  thousand  dollars.  Such  notes 
or  bonds  shall  bear  on  their  face  the  words,  Additional 


Additional 
Franklin 
Water    Loan, 
Act  of  1908. 


Acts,  1908.  — Chap.  80.  59 

Franklin  Water  Loan,  Act  of  1908,  shall  be  payable  at 
periods  not  exceeding  thirty  years  from  the  date  of  issue, 
shall  bear  interest  payable  semi-annually  at  a  rate  not  ex- 
ceeding four  and  one  half  per  cent  per  annum,  and  shall 
be  signed  by  the  treasurer  of  the  town  and  countersigned 
by  the  water  and  sewer  commissioners.  The  town  at  the  payment  of 
time  of  authorizing  the  said  loan  shall  provide  for  its  pay-  ^°^"* 
ment  in  such  annual  payments,  beginning  not  later  than 
five  years  after  the  date  of  the  first  issue  of  any  such  notes 
or  bonds,  as  will  extinguish  the  debt  within  the  time  pre- 
scribed in  this  act ;  and  when  a  vote  to  that  effect  has  been 
passed  the  amount  required  shall,  without  further  vote,  be 
assessed  by  the  assessors  of  the  town  annually  until  the 
debt  incurred  by  the  loan  is  extinguished.  The  town  shall 
also  raise  annually  a  sum  which  with  the  income  derived 
from  the  water  rates  will  be  sufficient  to  pay  the  current 
annual  expenses  of  operating  the  water  works,  and  the 
interest  as  it  accrues  on  the  aforesaid  notes  or  bonds.  The 
town  may  sell  the  said  securities  at  public  or  private  sale 
or  pledge  the  same  for  money  liorrowed  for  the  purpose  of 
this  act  upon  such  terms  and  conditions  as  it  may  deem 
expedient. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
App'oved  February  IJ/,  1908. 

An  Act  relative  to  the  issuing  of  evidences  of  in-  ni^^r^^    gQ 

DEBTEDNESS   FOR  WATER   SUPPLY   PURPOSES  BY   THE   CITY 
OF  NORTH  ADAMS. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  three  hundred  and  ninety-eight  1907, 398.  §  1, 
of  the   acts   of  the  year  nineteen   hundred   and   seven    is  ^™^°  ^  ' 
hereby  amended  by  striking  out  the  word  "  and  ",   after 
the  word  "  seven  ",  in  the  third  line,  and  inserting  after 
the  word  "  eight  ",  in  the  fourth  line,  the  words :  —  nine- 
teen hundred  and  nine  and  nineteen  hundred  and  ten,  — 
so  as  to  read  as  follows:  —  Section  1.     The  city  of  ISTorth  North  Adams 
Adams  is  hereby  authorized  to  issue,  from  time  to  time,  Act*of  1907.' 
during  the  years   nineteen  hundred   and    seven,   nineteen 
hundred  and  eight,  nineteen  hundred  and  nine  and  nine- 
teen hundred   and  ten,   in   addition  to  the  amounts  now 
authorized  by  law,  bonds,  notes  or  scrip,  to  be  denominated 
on  the  face  thereof,   oSTorth  Adams  Water  Loan,   Act  of 


GO  Acts,  1908.  — Chaps.  81,  82. 

190Y,  to  an  amount  not  exceeding  one  Inmdrecl  thonsand 
dollars,  payable  at  periods  of  not  more  than  thirty  years 
from  the  dates  of  issue  respectively.  The  proceeds  of  such 
bonds,  notes  or  scrip  shall  be  used  for  the  purpose  of  ac- 
quiring lands,  constructing  reservoirs,  and  generally  for 
the  purpose  of  supplying  the  inhabitants  with  water. 

App^-oved  February  IJ^,  1908. 

Chap.  81  An    Act    kelative    to    mutual   insurance    companies 

TRANSACTING    EMPLOYERS'    LIABILITY    BUSINESS. 

Be  it  enacted,  etc.,  as  follows: 

amJndJd.'  ^  ^^'       Section  1.     Sectioii  thirty-four  of  chapter  five  hundred 
and  seventy-six  of  the  acts  of  the  year  nineteen  hundred 
and  seven  is  hereby  amended  by  striking  out  in  the  last 
paragraph  of  said  section  the  word  "  eighty-six  ",  and  in- 
serting in  place  thereof  the  word :  —  ninety-six,  —  so  that 
Certain  mutual  said  paragraph  will  read  as  follows:  —  Mutual  companies 
transact  em-     Organized  prior  to  the  twenty-eighth  day  of  May  in  the 
bifitrbusiness.  year  eighteen  hundred  and  ninety-six,  to  transact  employ- 
ers' liability  business,  may  continue  such  business  under 
the  fifth  clause  of  section  thirty-two,  and  shall  be  subject 
to  the  laws,  so  far  as  applical)le,  relative  to  mutual  fire 
insurance  companies. 

Section  2.     This  act  shall  take  efi:"ect  upon  its  passage. 
Approved  February  IJ^,  1908. 

Chap.  82  An  Act  to  authorize  the  alpha  theta  chapter  of  the 

CHI  PSI  FRATERNITY  IN  WILLIAilS  COLLEGE  TO  HOLD  AD- 
DITIONAL REAL  ESTATE. 

Be  it  enacted,  etc.,  as  follows: 
1890,  68  §  3,         Section  1.     Section  three  of  chapter  sixtv-eie-ht  of  the 

amended.  .  n         n  i         •     "'  •        i 

acts  of  the  year  eighteen  hundred   and  ninety  is  hereby 

amended  by  striking  out  the  word  ''  fifty  ",  in  the  fifth  line, 

and  inserting  in  place  thereof  the  word :  —  seventy-five,  — 

The  corpora-     SO  as  to  read  as  follows :  —  Section  3.     The  said  corpora- 

etc"  real  and  '  tiou  is  authorizcd  to  reccivc,  purchase,  hold,  mortgage  and 

estate'!''  convcy  real  and  personal  property  for  the  uses  of  said  chap- 

Proviso.  ter:  provided,  that  the  value  of  the  real  estate  so  held  at 

any  time  shall  not  exceed  seventy-five  thousand   dollars, 

and  that  said  property  shall  not  be  exempt  from  taxation. 

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

Approved  February  15,  1908. 


Acts,  1908.  — Chaps.  83,  84,  85.  61 


An  Act  relative  to  the  registration  of  voters  in  (J]iaf),  83 

THE  city  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,     Section  eighty-two  of  chapter  five  hundred  i907  56o,  §  82, 

,.  ,,  r      ^  -111  1    repealed. 

and  sixty  oi  the  acts  of  the  year  nineteen  hundred  and 
seven,  providing  for  a  new  general  register  of  voters  in  the 
city  of  Boston  in  the  year  nineteen  hundred  and  eight  and 
in  every  twelfth  year  thereafter,  is  hereby  repealed. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  15,  1908. 


An  Act  relative  to  the  rate  of  interest  on  certain  /^l^,^    04 
water  loan  bonds  or  notes  to  be   issued  by  the  ^  ' 

town  of  revere. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Bonds,  notes  or  scrip  not  already  issued,  ^^,^^f 
but  hereafter  issued,  by  the  town  of  Revere  under  author-  Water  Loan, 
ity  of  chapter  four  hundred  and  fifty-seven  of  the  acts 
of  the  year  nineteen  hundred  and  four,  designated  as  the 
Town  of  Revere  Water  Loan,  may  bear  interest,  payable 
semi-annually,  at  a  rate  not  exceeding  five  j)er  cent  per 
annum,  instead  of  at  a  rate  not  exceeding  three  and  one 
half  per  cent  per  annum  as  specified  in  section  five  of  said 
chapter.  Except  as  to  the  rate  of  interest  the  provisions  of 
said  chapter  shall  apply  to  said  water  loan  bonds,  notes  or 
scrip  hereafter  issued  by  said  town. 

Section  2.     This  act  shall  take  effect  upon  its  accept-  when  to  take 

.  effect. 

ance  by  the  town  at  any  regular  or  special  town  meeting. 

Approved  February  17,  190S. 

An  Act  relative  to  corrupt  practices  in  elections,  ri^ni-x    g5 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     No  political  committee,  and  no  person  act-  soliciting,  etc., 
ing  under  its  authority  or  in  its  behalf,  shall  demand  or  ivonfcamUdate 
solicit  from  any  person  who  is  a  candidate  for  nomination  pTohibiteT*'"" 
to  elective  office,  or  from  any  one  acting  in  his  behalf,  a 
payment  of  money  or  a  promise  of  payment  of  money,  as 
a  prerequisite  to  his  obtaining  from  such  committee  or  its 
agent  the  nomination  papers  required  by  the  provisions  of 
sections  one  hundred  and  nineteen  to  one  hundred   and 


62 


Acts,  1908.  —  Ciiaps.  86,  87. 


Appropria- 
tions. 


twenty-six,  inclusive,  of  chapter  five  hundred  and  sixty  of 
the  acts  of  the  year  nineteen  hundred  and  seven. 
Penalty.  Skction  "2.     Whocvcr  viohitcs  the  provisions  of  this  act 

shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars.  Approved  February  17,  1908. 

Chap.   86  An  Act  making  appropkiations  for  continuing  the 

PUBLICATION  OF  THE   PROVINCE  LAWS. 

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,  during  the  fiscal  year  ending  on 
the  thirtieth  day  of  jSTovember,  nineteen  hundred  and  eight, 
for  the  purpose  of  completing  the  preparation  and  publica- 
tion of  the  acts  and  resolves  of  the  province  of  Massachu- 
setts Bay,  to  wit :  — 

For  the  salary  of  the  editor,  the  sum  of  two  thousand 
dollars. 

For  the  salary  of  the  chief  clerk,  fifteen  hundred  dol- 
lars. 

For  clerical  service  and  a  messenger,  a  sum  not  exceed- 
ing thirty-four  hundred  dollars. 

For  stationery,  postage,  travelling  and  other  expenses  in 
connection  with  the  preparation  and  publication  of  the 
province  laws,  a  sum  not  exceeding  two  hundred  dollars. 

Section  2.  This  act  shall  take  effect  upon  its  passage. 
Approved  February  17,  1908. 

Chap.  87  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- 
priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  purjwses  s])ecified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  compensation  of  the  commissioners  on  fisheries 
and  game,  a  sum  not  exceeding  fifty-six  hundred  and  thirty 
dollars. 

For  trav(dling  and  other  necessary  expenses  of  the  com- 
missioners, including  the  printing  and  binding  of  tlie  an- 


Province 
laws,  editor. 


Chief  clerk. 


Clerical 
ser\'ice,  etc. 

Expenses. 


Appropria- 
tions. 


Commission- 
ers on  fisheries 
and  game. 


Expenses. 


Acts,  1908.  — Chaps.  88,  89.  63 

iiiial  report,  a  sum  not  exceeding  thirty-iive  Imndred  and 
seventy- five  dollars. 

For  clerical  services  in  the  office  of  the  commissioners,  clerical  ser- 
a  sum  not  exceeding  eighteen  hundred  and   seventy-five 
dollars. 

For  the  enforcement  of  the  laws  relating  to  fisheries  and  Enforcement 

1      1-  ■!  •  •     r-    1        1   •      1  laws,  propa- 

game  and  the  propagation  and  distribution  of  nsh,  birds  gation  of  fish, 
and  other   animals,   and  for  running  expenses,   rent   and 
maintenance  of  hatcheries,  a  sum  not  exceeding  forty-five 
thousand  and  twenty  dollars. 

For  the  expense  of  stocking  great  ponds  with  food  fish,  ^0°*^}^^'"^  ^""^^^ 
a  sum  not  exceeding  five  hundred  dollars. 

For  the  expense  of  stocking  brooks  with  food  fish,  a  sum  stocking 
not  exceeding  one  hundred  dollars. 

For  the  expenses  of  an  investigation  as  to  the  feeding  investigation 
and  breeding  habits  of  scallops  and  lobsters,  a  sum  not  ex-  scai\ops  and 
ceeding  fifteen  hundred  dollars.  '°^-'**"'-^- 

For  the  protection  of  lobsters  with  eggs  attached,  a  sum  Protection  of 
not  exceeding  four  thousand  dollars.  obsters. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  Fehnuiry  17,  1908. 

An  Act  to  extend  the  time  within  which  the  mutual  (JJiav.  88 

DIRECT  life  assurance   SOCIETY   MAY   FILE   ITS   CEKTIFI- 
CATE  OF  INCORPORATION. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     The  period  during  which  the  Mutual  Di-  Mutual  Direct 

^      .  .  ^  ,   -  Life   Assurance 

rect  Life  Assurance  Society,  incorporated  by  chapter  three  Society.^time 
hundred  and  sixty-eight  of  the  acts  of  the  year  nineteen  certificate  of 
hundred  and  seven,  may  file  its  certificate  of  incorporation,  ex°tended'.  '""^ 
is  hereby  extended  to  the  third  day  of  May  in  the  year 
nineteen  hundred  and  nine. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  Fehruary  17,  1908. 


Ghaii,  89 


An  Act  to  authorize  the  city  of  fall  river  to  incur 
indebtedness  for  the  purpose  of  establishing  hos- 
pitals FOR  contagious  DISEASES. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     The  city  of  Fall  River,  for  the  purpose  of  The  city  of  Fail 
establishing  one  or  more  hospitals  for  the  care  of  persons  borrow  money 

rv       •  r  .         •  •(•,•  T  -in         for  establishing 

suffering  from  contagious  or  infectious  diseases,  is  hereby  hospitals. 


64 


Acts,  1908.  — Chap.  89. 


Not  to  be 
reckoned  in 
determining 
debt  limit. 

Taking  of  land, 
etc. 


Description  of 
land  to  be 
recorded. 


Damages. 


Proviso. 


May  issue 
bonds,  etc. 


Payment  of 
loan. 


authorized  to  borrow  a  sum  of  money  not  exceeding  sev- 
enty-five thousand  doHars,  which  sum  shall  not  be  reckoned 
in  determining  the  statutory  limit  of  indebtedness  of  the 
city. 

Section  2.  The  said  city  is  hereby  authorized  to  ac- 
quire by  2>urchase  or  by  right  of  eminent  domain  lands 
necessary  or  proper  for  the  above  purpose,  and  to  erect 
suitable  buildings  thereon.  If  land  is  acquired  otherwise 
than  by  purchase,  the  city  shall  file  in  the  Fall  River  dis- 
trict registry  of  deeds  a  description  of  the  land  so  acquired 
sufficient  for  its  identification,  and  a  statement  of  the  pur- 
pose for  which  the  land  is  taken,  signed  by  the  mayor ;  and 
upon  the  said  filing  title  to  the  land  so  acquired  shall  vest 
in  the  city.  If  the  city  cannot  agree  with  the  owners  of 
the  land  so  taken  as  to  the  value  thereof,  or  with  any  other 
person  who  is  aggrieved  by  reason  of  any  act  done  here- 
under, the  damages  shall  be  assessed  by  a  jury,  in  the  same 
manner  in  which  damages  for  land  taken  for  highways  are 
assessed:  'provided,  that  a  petition  therefor  is  filed  by  the 
person  or  persons  whose  property  is  taken  or  injured  with 
the  clerk  of  the  superior  court,  within  one  year  after  the 
taking  of  the  land  or  the  doing  of  any  other  act  complained 
of  in  said  petition. 

Section  3.  For  the  above  purposes  the  city  of  Fall 
River  is  hereby  authorized  to  issue  notes  or  bonds  to  an 
amount  not  exceeding  seventy-five  thousand  dollars,  pay- 
able within  such  periods,  not  exceeding  twenty  years  from 
the  dates  of  issue  thereof,  and  bearing  such  rate  of  intere^, 
not  exceeding  four  and  one  half  per  cent  per  annum,  as 
the  city  council  may  determine.  At  the  time  of  making 
the  said  loan  the  city  council  shall  provide  for  the  payment 
thereof  in  such  annual  payments  as  will  extinguish  the  debt 
within  the  time  prescribed  by  this  act ;  and  thereafter,  with- 
out further  action  by  the  city,  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  is  extinguished.  Any  premiums  re- 
ceived from  the  sale  of  the  said  securities  shall  be  paid  into 
the  city  debt  sinking  fund. 

Section  4.  This  act  shall  take  effect  upon  its  passage. 
Approved  February  17,  1908, 


Acts,  1908.  — Chaps.  90,  91,  92.  65 


An  Act  relative  to  special  enumerations  of  the  in-  Chap.  90 

HABITANTS  OF   CITIES  AND  TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  three  of  chapter  one  hundred  and  J^pg^iej"-  ^  ^' 
seven  of  the  Eevised  Laws,  providing-  for  special  enumera- 
tion by  the  bureau  of  statistics  of  labor  of  the  inhabitants 
of  cities  and  towns,  is  hereby  repealed. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  17,  1908. 

An  Act  relative  to  the  appropriation  of  money  by  (JJiap.  91 

TOWNS  FOR  THE  CELEBRATION  OF  THE  FOURTH  OF 
JULY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eighteen  of  chapter  twenty-five  of  ^^^ided.^  ^^' 
the  Revised  Laws  is  hereby  amended  by  striking  out  the 
words  "  its  annual  ",  in  the  first  line,  and  inserting  in  place 
thereof  the  words :  —  any  town,  —  so  as  to  read  as  follows : 
—  Section  18.     A  town  may  at  any  town  meeting  appro-  Towns  may 
priate  money  for  the  celebration  of  the  fourth  day  of  July,  foTcerebration 
and  any  town  may  raise  by  taxation  such  amount  of  money  jd/y."''^'^  °^ 
as  may  be  authorized  by  a  two-thirds  vote  for  the  celebra- 
tion of  the  anniversary  of  its  settlement  or  of  its  incorpora- 
tion at  the  end  of  a  period  of  fifty,  or  of  any  multiple  of 
fifty,  years  therefrom,  and  of  publishing  the  proceedings 
thereof. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  17,  1008. 

An  Act  to  authorize  the  city  of  lynn  to  incur  addi-  QJiqi^^  92 

TIONAL    indebtedness    FOR    THE    ERECTION    OF    A    CLAS- 
SICAL  HIGH    SCHOOL   BUILDING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  erecting  a  building  for  Lynn  School 
the  use  of  the  classical  high  school  of  the  city  of  I-ynn,  said  i90S.' 
city  may  incur  indebtedness  in  excess  of  the  debt  limit  fixed 
by  law  and  in  excess  of  any  loan  hitherto  authorized  for 
the  said  purpose  to  the  amount  of  one  hundred  thousand 
dollars,  and  may  from  time  to  time  issue  bonds,  notes  or 
scrip  therefor,   payable  at   periods  not  exceeding  twenty 


66  Acts,  1908.  — Chap.  93. 

years  from  the  dates  of  issue.  Such  bonds,  notes  or  scrip 
shall  be  signed  by  the  mayor  and  countersigned  by  the 
treasurer  of  the  city,  shall  be  denominated  on  the  face 
thereof,  Lynn  School  Loan,  Act  of  1908,  and  shall  bear  in- 
terest at  a  rate  not  exceeding  four  and  one  half  per  cent 
per  annum.  Any  sums  received  as  premiums  on  the  sale 
of  the  said  securities  shall  be  paid  into  the  municipal  debt 
sinking  fund  of  the  city, 
k.an™^"**'^  Section  2.     Said  city  shall  at  the  time  of  making  the 

said  loan  2:)rovide  for  payment  of  the  interest  thereon,  and 
for  payment  of  the  principal  in  such  annual  proportionate 
payments  as  will  extinguish  the  same  within  the  time  pre- 
scribed by  this  act ;  and  when  action  to  that  effect  has  been 
taken  by  the  city  the  sum  required  for  the  said  purposes 
shall  annually  be  assessed,  in  the  same  manner  in  which 
other  taxes  are  assessed,  until  the  debt  is  extinguished. 
Section  3.  This  act  shall  take  effect  upon  its  passage. 
Approved  February  17,  1908. 

Chai).  93  -"^N  Act  to  provide  for  the  appointment  of  a  fire 

COMMISSIONER  OF   THE  CITY  OF  MALDEN. 

Be  it  enacted,  etc.,  as  follows: 

Fire  commis-  Section   1.      The  iiiayor  and   aldermen  of  the  city  of 

Maiden,  ap-       Maldcu  sliall  withiii  sixty  days  after  the  acceptance  of  this 

pointment,  etc.  ,  i  •        xv  •'  l     l  ''  •     ±.  ^      1        J2 

act,  as  heremaiter  provided,  appoint  one  person  to  l)e  tire 
commissioner,  whose  term  of  oiftce  shall  expire  on  the  first 
day  of  ]\larch  in  the  year  nineteen  hundred  and  ten,  and 
shall  thereafter  in  the  month  of  January  or  February  in 
the  year  nineteen  hundred  and  ten,  and  in  every  third  year 
thereafter,  appoint  one  person  as  fire  commissioner,  whose 
term  of  office  shall  be  three  years  from  the  first  day  of 
March  next  succeeding  his  ai)pointinent.  The  fire  com- 
missioner appointed  under  this  act  shall  hold  office  until 
a  successor  is  chosen  and  qualified,  but  he  may  be  removed 

Vacancy,  etc.  j)y  the  uiayor  aiid  aldermen  at  any  time  for  cause.  Any 
vacancy  may  be  filled  by  the  mayor  and  aldermen  at  any 
time.  The  fire  commissioner  shall  receive  such  compensa- 
tion as  may  be  fixed  by  the  city  counciL 

Fire  commis-  Section  2.     Upoii  the  appointment  and  qualification  of 

a  fire  c(mimissioner  in  accordance  with  this  act,  the  terms 
of  office  of  the  members  of  the  present  fire  commission  of 
the  city  of  Maiden  shall  immediately  end,  and  their  powers 
and  duties  shall  cease. 


sion  abolished. 


Acts,  1908.  — Chaps.  94,  95.  67 


ire  commis- 


Section  3.  The  fire  commissioner  appointed  in  ae-  Fir 
cordauce  with  the  provisions  of  this  act  shall  be  the  lawful  and'dutieretc. 
successor  of  the  present  tire  commission  of  said  city,  and 
shall  have  all  the  powers  and  privileges  conferred,  and  be 
subject  to  the  duties  and  obligations  imposed,  by  chapter 
one  hundred  and  eightv-two  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-two,  and  acts  in  amendment  thereof 
and  in  addition  thereto. 

Section    4.      This   act   shall   be   submitted   to  the  city  Act  to  be  sub- 
council  of  the  city,  and  shall  take  effect  upon  its  acceptance  council,  etc. 
by  a  two  thirds  vote  of  the  members  present  and  voting, 
in  each  branch,  and  upon  the  approval  of  the  mayor. 

Section  5.     So  much  of  this  act  as  authorizes  its  sub-  ^V^^?  ^°  ^'^^^ 
mission  to  the  city  council  shall  take  effect  upon  its  passage, 
but  it  shall  not  further  take  effect  until  accepted  by  the 
city  council  as  herein  provided. 

Approved  February  17,  1908. 

An   Act  making  an  appkopriation   foe,  the   mainte-  (JJ.rfr^    94 
nance  of  the  massachUvSetts  state  sanatorium. 

Be  if  enacted,  etc.,  as  folloivs: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  for  the  maintenance  of  the  Massachu- 
setts state  sanatorium  during  the  fiscal  year  ending  on  the 
thirtieth  day  of  ^^ovember,  nineteen  hundred  and  eight,  to 
wit:  — 

From  the  receipts  of  said  sanatorium  now  in  the  treas-  Massachusetts 
ury  of  the  commonwealth,  the  sum  of  fifty-nine  thousand  toriurn^"'* 
one  hundred  twenty  dollars  and  ninety-eight  cents,  and 
from  the  treasury  of  the  commonwealth  from  the  ordinary 
revenue,  a  sum  in  addition  not  exceeding  one  hundred 
twenty-five  thousand  eight  hundred  seventy-nine  dollars  and 
two  cents. 

Section  2.     This  act  shall  take  effect  upon  its  passage, 
App'oved  FeJjruary  17,  1908. 


An   Act  making  an  appropriation   for  the   mainte- 
nance of  the  MASSACHUSETTS  HOSPITAL  SCHOOL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  sum  of  thirty  thousand  dollars  is  hereby  Massachusetts 
appropriated,  to  be  ])aid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  for  the  maintenance  of 


Chap.  95 


hospital  school. 


08 


Acts,  1908.  — Chap.  96. 


the  Massachusetts  hospital  school  during  the  fiscal  year  end- 
ing on  the  thirtieth  day  of  November,  nineteen  hundred 
and  eight. 

Sectioiv  2.     Tills  act  sliall  take  effect  upon  its  passage. 
Approved  Fchi-uary  17,  190S. 

Chap.  96  An  Act  making  APrROPRiAxioNS  for  sai,arip:s  and  ex- 
penses 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  arc  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  pur]X)ses  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 


Appropria- 
tions. 


State  board 
of  charity. 


Annual  report. 


Adult  poor. 


Minor  wards. 


Auxiliary 
visitors. 


STATE    BOARD    OF    CHARITY. 

For  expenses  of  the  state  board  of  charity,  including 
travelling  and  other  necessary  expenses  of  members,  and 
salaries  and  expenses  in  the  board's  central  office,  a  sum 
not  exceeding  twelve  thousand  dollars. 

For  printing  and  binding  the  annual  report  of  the  state 
board  of  charity,  a  sum  not  exceeding  two  thousand  dollars. 

For  salaries  and  expenses  in  the  division  of  state  adult 
poor,  a  sum  not  exceeding  forty-four  thousand  dollars. 

For  salaries  and  expenses  in  the  division  of  state  minor 
wards,  a  sum  not  exceeding  fifty-one  thousand  dollars. 

For  travelling  and  other  necessary  expenses  of  the  aux- 
iliary visitors  of  the  state  board  of  charity,  a  sum  not 
exceeding  thirteen  hundred  dollars. 


Transporta- 
tion of  state 
paupers. 


Indigent  and 
neglected 
children,  etc. 


MISCELLANEOUS    CHARITABLE. 

For  transportation  of  state  ])au])ers  under  charge  of  the 
state  board  of  charity,  including  transportation  of  prisoners 
released  on  probation  from  the  state  farm,  and  travelling 
and  other  expenses  of  probation  visitors,  for  the  present 
year  and  for  previous  years,  a  sum  not  exceeding  fourteen 
thousand  dollars. 

For  the  care  and  maintenance  of  indigent  and  neglected 
children  and  juvenile  offenders,  for  the  present  year  and 
for  previous  years,  to  include  exy)enses  in  connection  with, 
the  same,  a  sum  not  exceeding  two  hundred  and  seventy- 
five  thousand  <l()llars. 


Acts,  1908.  — Chap.  97.  69 

For  expenses  in  connection  with  smallpox  and  other  dis-  pangeroua 
eases  dangerous  to  the  public  health,  for  the  present  year    ^^'^^^^• 
and  for  previous  years,  a  sum  not  exceeding  thirty  thou- 
sand dollars. 

For  tuition  in  the  public  schools  in  any  city  or  town  in  Tuition  of  cer- 
the  commonwealth,  including  transportation  to  and  from 
school,  of  children  boarded  or  bound  out  by  the  state  board 
of  charity,  for  the  present  year  and  for  previous  years,  a 
sum  not  exceeding  thirty-five  thousand  dollars. 

For  the  support  of  sick  state  paupers  by  cities  and  towns,  sick  state 
for  the  present  year  and  for  previous  years,  the  same  to  in-  p^"p®''^- 
elude  cases  of  wife  settlement,  a  sum  not  exceeding  seventy- 
three  thousand  dollars. 

For  the  burial  of  state  paupers  by  cities  and  towns,  for  Burial  of  state 
the  present  year  and  for  previous  years,  a  sum  not  exceed- 
ing sixty-five  hundred  dollars. 

For   temporary   aid   given   to   state    paupers   and   ship  Temporary 
wrecked  seamen  by  cities  and  towns,  for  the  present  year  ^'  " 
and  for  previous  years,  a  sum  not  exceeding  thirty-three 
thousand  dollars. 

For  the  support  and  transportation  of  unsettled  pauper  Unsettled 
infants  in  this  commonwealth,  including  infants  in  infant  p*"p*"" 
asylums,  for  the  present  year  and  for  previous  years,  a  sum 
not  exceeding  seventy-two  thousand  dollars. 

For  salaries  and  expenses  at  the  Penikese  hospital,  a  sum  Penikese 
not  exceeding  six  thousand  dollars.  °''^' 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  17,  1908. 

An  Act  making  appropriations  for  salaries  and  ex-  (JJ^aj)'  97 

PENSES    AT    THE    STATE    FARM. 

Be  it  enacted,  etc.,  o.s  follows: 

Section  1.    The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  purposes  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  payment  of  salaries  at  the  state  farm,  a  sum  not  state  farm, 
exceeding  seventy-five  thousand  dollars. 

For  other  current  expenses  at  the  state  farm,  including  Expenses, 
the  printing  of  the  annual  report,  a  sum  not  exceeding  one 
hundred  and  seventy-eight  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  Fehruary  17,  1908. 


tions. 


70 


Acts,  1908.  —  Chaps.  98,  99. 


Chap.  98  An  Act  relative  to  by-laws  of  fire  districts  and  to 

THE  PUBLICATION  THEREOF. 

Be  it  enacted,  etc.,  as  foUoius: 

Sni^ided.  ^  ^^'        Section  1.     Chapter  tliirty-two  of  the  Ticvisod  Laws  is 

hereby  amended  by  striking  out  section  sixty-sev(>n  and  in- 

By-iaws  to  be    serting  in  place  thereof  the  following : — Section  07.     No 

approved,  etc.     iii  -,       .  i-iiiii  ^  ^   -i  r- 

by-law,  rnle  or  regulation  which  shall  bo  adopted  l)y  a  nre 
district  and  which  imposes  a  penalty  shall  l)e  in  force  until 
it  is  approved  by  the  attorney-general  and  pnl)lisliod  at  least 
three  times  in  one  or  more  newspapers  published  in  the 
town,  if  there  be  any  such,  in  Avhich  the  fire  district  is  sit- 
uated, otherwise  in  one  or  more  newspapers  published  in 
the  county  in  which  the  fire  district  is  situated. 

Section  2.  This  act  shall  take  effect  upon  its  passage. 
Approved  Fehruary  17,  1908. 

Chap.   99  A^f  Act  relative  to  the  collection  of  taxes  and  to 

ARREST  FOR  NON-PAYMENT  THEREOF. 

Be  it  enacted,  etc.,  as  fottojcs: 

Section  1.  A  collector  of  taxes  who  issues  a  warrant 
for  the  arrest  of  a  person  for  non-payment  of  taxes,  or  the 
officer  to  whom  he  commits  the  warrant,  may  at  his  dis- 
cretion, after  the  service  of  the  warrant,  allow  such  person 
to  go  free  for  a  period  not  exceeding  fourteen  days  after 
said  service,  at  which  time,  if  said  ])erson  does  not  pay  his 
tax  with  all  fees  and  charges  due  thereon,  including  one 
dollar  for  service  of  said  warrant  and  five  cents  for  each 
mile  travelled  by  said  officer  in  the  performance  of  said 
collection,  the  said  officer  shall  then  arrest  the  said  person 
on  the  aforesaid  warrant,  and  commit  him  to  the  jail  of 
til  at  county. 

Section  2.  AVhcn  a  collector  is  credited,  pursuant  to 
the  provisions  of  section  eighty-three  of  chapter  thirteen  of 
tlie  Revised  Laws,  with  the  amount  of  taxes  assessed  upon 
any  person  committed  to  jail  for  the  non-payment  of  his 
tax,  who  has  not  paid  his  tax,  said  collector  shall  also  be 
paid  and  credited  with  the  fees  and  charges  which  have 
become  a  part  of  said  taxes  and  to  which  he  or  the  officer 
acting  under  his  warrant  is  entitled. 

Section  3.  This  act  shall  take  effect  upon  its  passage. 
Approved  February  17,  1908. 


Persons 
arrested  for 
non-payment 
of  taxes  may 
be  allowed  to 
go  free  in 
certain  cases. 


Collector  to  be 
credited  with, 
etc..  fees  and 
cliarjies  in 
certain  cases. 


Acts,  19U8.  — Chaps.  100,  101.  71 


An  Act  relative  to  the  eate  of  interest  on  the  QJiap.lOO 

REVERE  SCHOOL  LOAN  NOTES  OR  BONDS. 

Be  it  enactedj,  etc.,  as  follows: 

Section  1.  The  notes  or  bonds  wliich,  under  the  pro-  Revere  school 
visions  of  chapter  two  hundred  and  thirty  of  the  acts  of 
the  year  nineteen  hundred  and  seven,  the  town  of  Kevere 
is  authorized  to  issue,  may  bear  interest,  payable  semi- 
annually, at  a  rate  not  exceeding  five  per  cent  per  annum, 
instead  of  at  a  rate  not  exceeding  four  per  cent  per  an- 
num as  specified  in  said  chapter. 

Section  2.     This  act  shall  take  effect  upon  its  accept-  when  to  take 
ance  by  the  town  at  any  regular  or  special  town  meeting. 

Approved  February  22,  1908. 


effect. 


An  Act  relative  to  municipal  elections  in  the  city  (JJiav.XOX 

OF  FALL  RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  three  of  chai)ter  three  hundred  and  i902.  393.  §  3, 

,  .     ,  ,     ,  ^      .  1111    amended. 

ninety-tnree  01  tlie  acts  01  the  year  nineteen  hundred  and 
two  is  hereby  amended  by  striking  out  the  word  "  second  ", 
in  the  second  line,  and  inserting  in  place  thereof  the  word : 
—  first,  —  so  as  to  read  as  follows :  —  Section  3.  The  mu-  Municipal 
nicipal  election  shall  take  place  annually  on  the  Tuesday  ^^^ction,  etc. 
next  after  the  first  Monday  of  Decendjer,  and  the  munic- 
ipal year  shall  begin  on  the  first  Monday  of  the  following 
January. 

Section  2.     The  question  of  the  acceptance  of  this  act  To  be  sub- 
shall  be  submitted  to  -the  legal  voters  of  the  city  of  Fall  voters,  e'tc. 
River  at  the  state  election  in  the  present  year.     The  vote 
shall  be  taken  by  ballot  in  accordance  with  the  provisions 
of  chapter  eleven  of  the  Revised  Laws  and  of  acts  in  amend- 
ment thereof  and  in  addition  thereto,  so  far  as  the  same 
shall  be  applicable,  in  answer  to  the  question :  —  Shall  an 
act  passed  by  the  general  court  in  the  year  nineteen  hun- 
dred and  eight,  entitled  "  An  Act  relative  to  municipal  elec- 
tions in  the  city  of  Fall  River "  be  accepted  ?  and  the 
affirmative  votes  of  a  majority  voting  thereon  shall  be  re- 
quired for  its  acceptance.     Unless  so  accepted  it  shall  not  When  to  take 
take  effect,  but  if  so  accepted  it  shall  apply  to  the  annual 
municipal  election  to  be  held  in  the  year  nineteen  hundred 
and  eight.  Approved  February  22;  1908. 


72 


Acts,  1908.  —  Chaps.  102,  103. 


Ohap.102  An  Act  to  incokpokate  the  haveehill  agricultural 

SOCIETY. 

Be  it  enacted,  etc.,  as  follows: 

?u!turi!i"  ^^"'       Section  1.    Charles  H.  Hayes,  Warren  Emerson,  Moses 
Society  incor-    Q.  Calef,  Edward  H.  Georse,  George  C.  Elliott,  Frank  H. 

porated,  etc.  ,         '  n    7  o  7 

Rand,  W.  M.  Is^ichols,  Eoswell  L.  AVood,  George  W.  Bick- 
ell,  Harry  H.  Eogers,  George  L.  Martin,  Greenleaf  Clark, 
Ernest  Gilman,  John  Eddy,  George  M.  Warson,  George 
H.  Hoyt,  C.  F.  Tattersall  and  Byron  G.  Kimball,  their 
associates  and  successors  within  the  cities  of  Haverhill  and 
Lawrence,  and  the  towns  of  ]\Iethuen,  Merrimac,  West 
Newbury,  Groveland,  Boxford,  Georgetown  and  North 
Andover,  are  hereby  made  a  corporation  under  the  name 
of  the  Haverhill  Agricultural  Society,  to  be  located  at 
Haverhill ;  for  the  encouragement  of  agriculture,  horticul- 
ture and  the  arts  by  the  distribution  of  premiums  and 
otherwise,  with  the  powers  and  privileges  and  subject  to 
all  the  duties,  restrictions  and  liabilities  set  forth  in  all 
general  laws  now  or  hereafter  in  force  applicable  to  such 
corporations;  and  the  said  corporation  is  hereby  authorized 
to  acquire  by  purchase,  gift,  devise  or  otherwise,  and  to 
hold,  real  and  personal  estate  to  an  amount  not  exceeding 
twenty  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  22,  1908. 


May  hold 
property,  etc. 


Certain  truant 
schools,  names 
changed. 


Chap.XOZ  An    Act    to    change    the    name    ov    certain    truant 

SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  truant  school  at  Springfield  in  the 
county  of  Hampden,  the  truant  school  at  Chelmsford  in 
the  county  of  Middlesex,  and  the  truant  school  at  Wal])ole 
in  the  county  of  Norfolk  shall  hereafter  be  called,  respec- 
tively, the  Hampden  county  training  school,  the  ^liddlesex 
county  training  school,  and  the  Norfolk,  Bristol  and  Plym- 
outh union  training  school ;  and  any  school  hereafter  es- 
tablished pursuant  to  section  one  of  chapter  forty-six  of 
the  Revised  Laws  relative  to  truants  and  truant  schools 
shall  be  called  a  training  school.    All  laws  now  or  hereafter 


Acts,  1908.  — Chaps.  lOi,  105.  73 

in  force  relative  to  truants  and  truant  schools  shall  apply  to 
training  schools  and  to  connnitnients  thereto. 

Section  2.     This  act  shall  take  elfect  upon  its  passage. 
Approved  February  24,  1908. 


An  Act  kelative  to  the  support  of  wives  and  minor  Cliap.XO^ 

CHILDREN  BY  PERSONS  PLACED  ON  PROBATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  hundred  and  seven  of  the  acts  i905,  307, 
of  the  year  nineteen  hundred  and  five,  relative  to  the  sup- 
port of  wives  and  minor  children  hy  persons  placed  on  pro- 
bation, is  hereby  revived  and  continued  in  full  force,  and 
all  proceedings  taken,  and  all  orders  made  by  any  court 
since  the  first  day  of  September  in  the  year  nineteen  hun- 
dred and  seven,  are  hereby  confirmed  and  made  valid,  to 
the  same  extent  as  if  said  chapter  had  not  been  repealed. 

Section  2.     So  much  of  section  twenty-six  of  cha])ter  Repeal, 
five  hundred  and  sixty-three  of  the  acts  of  the  year  nine- 
teen hundred  and  seven  as  repealed  said  chapter  three  hun- 
dred and  seven  is  hereby  rejiealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  2Jf,  1908. 


An  Act  making  appropriations  for  salaries  and  ex-  nijnv)  1 05 

PENSES  IN  THE  OFFICE  OF  THE  STATE  BOARD  OF  EDUCA- 
TION,  AND  FOR  SUNDRY  EDUCATIONAL  EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  out  of  the  treasury  of  the  commouwealth  *'°°^' 
from  the  ordinary  revenue,  for  the  pur]>oses  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salaries  of  the  secretary  and  agents  of  the  state  state  board  of 
board  of  education,  and  for  clerical  assistance  to  the  board,  saiaries"etc. 
a  sum  not  exceeding  seventeen  thousand  three  hundred  and 
sixty  dollars. 

For  incidental  and  contingent  expenses  of  the  said  board  Expenses, 
and  of  the  secretary  thereof,  a  sum  not  exceeding  two  thou- 
sand dollars. 


74 


Acts,  1908.  — Chap.  105. 


Travelling, 
etc.,  expenses 
of  ineinliers 
of  board. 


Annual  report. 


Travelling 
expenses  of 
eniployee.s. 


State  normal 

schools, 

Bridgewater. 


twitch  burg. 


Framingham. 


Hyannis. 


Lowell. 


North  Adams. 


Salem. 


AVestfield. 


Worcester. 


State  normal 
art  school. 


Aid  to  pupils  in 
state  normal 
schools. 


For  travelling  and  other  ex]ienses  of  the  ineniLers  of  the 
board,  and  for  obtaining  information  regard i no-  educational 
methods  in  other  states,  a  snni  not  exceeding  one  thousand 
dollars. 

For  j)rinting  and  binding  the  annual  rejjort  of  the  board, 
a  sum  not  exceeding  three  thousand  dollars. 

For  travelling  exjienses  of  einplo_yees  nndcr  th(^  direc- 
tion of  the  board,  a  sum  not  exceeding  two  thousand  dol- 
lars. 

SUPPORT    OF    STATE    NORMAL    SCHOOLS. 

For  the  sn})port  of  the  state  normal  school  at  Bridge- 
water,  a  snni  not  exceeding  tifty-two  thousand  nine  hun- 
dred and  ninety-one  dollars. 

For  the  snpport  of  the  state  normal  scliool  at  Fitchburg, 
a  sum  not  exceeding  thii'ty  thousand  eight  hundred  and 
ninety  dollars. 

For  the  snpport  of  the  state  normal  school  at  Framing- 
ham,  a  sum  not  exceeding  thirty-eight  thousand  four  hnn- 
dred  and  forty-three  dollars. 

For  the  snjiport  of  the  state  normal  school  at  Ilyannis, 
a  snni  not  exceeding  twenty-four  thonsand  three  hundred 
and  seventy  dollars. 

For  the  snpport  of  the  state  normal  school  at  Lowell,  a 
snni  not  exceeding  thirty-two  thonsand  one  hnndred  and 
twenty-five  dollars. 

For  the  sn])port  of  the  state  normal  s(;hool  at  jSTorth 
Adams,  a  snm  not  exceeding  thirty-two  thonsand  four  hun- 
dred and  sixty-nine  dollars. 

For  the  sn]iport  of  the  state  noi'inal  school  at  Salem,  a 
sum  not  exceeding  thirty-six  thousand  eight  hundred  dol- 
lars. 

For  the  sn])])ort  of  the  state  normal  school  at  AVestfield, 
a  sum  not  exceeding  thirty-two  thonsand  three  hnndred  and 
seventy  dollars. 

For  the  snpport  of  the  state  normal  school  at  Worcester, 
a  snni  not  exceeding  twenty-six  tJKmsand  five  hundred  and 
forty-five  dollars. 

For  the  su])port  of  the  state  normal  art  school,  a  sum  not 
exceeding  thirty-four  thonsand  twH)  hundred  and  twenty- 
six  dollars. 

For  aid  to  ])upils  in  state  normal  schools,  a  sum  not  ex- 
ceeding four  thousand  dollars,  payable  in  semi-annual  in- 


Acts,  1908.  — Chap.  105.  75 

stalments,  to  be  expended  under  the  direction  of  the  state 
board  of  education. 

For  expenses  of  teachers'  institutes,  a  sum  not  exceed-  -^^^[^^7^^^ 
ing  two  thousand  dollars. 

For  the  Massachusetts  Teachers'  Association,  the  sum  of  Siw"^"" 
three  hundred  dollars,  subject  to  the  approval  of  the  state  Association. 
board  of  education. 

For  expenses  of  county  teachers'  associations,  a  sum  not  county 

T  1  1        l'    1    n  teachers 

exceeding  seven  huntlred  dollars.  associations. 

To  enable  small  towns  to  ])rovide  themselves  with  school  fendentTm""' 
superintendents,  a  sum  not  exceeding  ninetA'-tive  thousand  small  town.s. 
dollars. 

For  the  education  of  deaf  ]uipils  of  the  commonwealth  f^^^^'^i^g"^ 
in  the   schools  designated    by   law,   a   sum   not  exceeding 
ninety-four  thousand  dollars. 

For  school  registers  and  other  school  blanks  for  the  cities  School  biank-g. 

and   towns   of   the   commonwealth,    a   sum   not   exceeding 

twelve  hundred  dollars. 

For  the  Perkins  Institution  and  Massachusetts  School  Perkins  insti- 
tution and 
for  the  Blind,  as  provided  In'  cliai)ter  nineteen  of  the  re-  Massachusetts 

'1  •  i  _  Rchool  for  tli6 

solves  of  the  year  eighteen  hundred   and   sixty-nine,   the  BUnd. 
sum  of  thirty  thousand  dollars. 

For  the  payment  of  tuiti(.»n  of  children  in  high  schools  Tuition, etc., of 
outside  of  the  town  in  which  they  live,  in  so  far  as  such  dren  in  high 
payment  is  provided  for  by  section  three  of  chapter  forty-  s'^^°°^- 
two  of  the  Revised   Laws,    as   amended   by  chapter  four 
hundred  and  thirty-three  of  the  acts  of  the  year  nineteen 
himdred   and  two,   a  sum  not  exceeding  fifty-seven  thou- 
sand   dollars.      And   there   may    also   be    paid    from   this 
amount  such  sum  as  may  be  necessary  to  furnish  or  pro- 
vide transportation  to  and  from  school  for  such  children  of 
school  age  as  may  be  living  upon  islands  within  the  com- 
monwealth which  are  not  provided  with  schools. 

To  provide  for  the  instruction  of  the  adult  blind  at  their  instruction  of 
homes  by  the  Perkins  Institution  and  Massachusetts  School 
for  the  Blind,  the  sum  of  five  thousand  dollars. 

For  expenses  in  connection  with  furnishing  school  com-  Rules  for  test- 
mittees  with  rules  for  testing  the  sight   and   hearing  of  hearing  of 
pupils  in  the  schools  of  the  commonwealth,  a  sum  not  ex-  p"p'^^- 
ceeding  five  hundred  dollars. 

Section  2.     This  act  shall  take  efl^ect  upon  its  passage. 
Approved  February  2Jf,  1008. 


76  Acts,  1908.  — Chaps.  100,  107,  108. 


C/fCqyAOG  An  Act  making  appropriations  for  the  Massachusetts 

COMMISSION  FOR  THE  BLIND. 

Be  it  enacted,  etc.,  as  follows: 

tior"'''  Section  1.     The  sums  hereinafter  mentioned  are  appro- 

priated,  to  be  paid  ont  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  salaries  and  expenses  of  the 
Massachusetts  commission  for  the  blind,  for  the  fiscal  year 
ending  on  the  thirtieth  day  of  JSTovember,  nineteen  hundred 
and  eight,  to  wit :  — 

Sfmlusfries.  .F'»i'  the  maintenance  of  industries  under  the  control  of 
said  commission,  a  sum  not  exceeding  fifteen  thousand  dol- 
lars. 

erhlcaSar"^        For  gcucral  administration,  for  furnishing  information, 

aid,  etc.  industrial  and  educational  aid,  and  for  such  other  expenses 

as  may  be  found  necessary  by  the  connnission  in  carrying 
out  the  provisions  of  the  act  es;tal)lishiug  the  same,  a  sum 
not  exceeding  twenty-five  thousand  dollars. 

Section  2.     This  act  shall  take  etfect  upon  its  passage. 
Approved  February  2Ji,  1908. 

Chap.lOl  An  Act  to  authorize  the  town  of  orange  to  pay  a 

SUM  OF  MONEY  TO  COMPANY  E  OF  THE  SECOND  REGIMENT 
OF  INFANTRY. 

Be  it  enacted,  etc.,  as  follows: 

Orangemay  "^^^^^  towu  of  Oraugc  is  hcreljy  authorized  to  repay  to 

repay  a  certain  couiiianv  E  of  thc  sccoud  rcgimcut  of  iiifautrv,  Massachu- 

sum  of  money  i        .  ...  ^  ,  '   ' 

to  company  E,  sctts  voluutcer  militia,  the  sum  of  five  hundred  and  thirtv- 
ment  of  in-  five  dollars,  in  accordance  with  the  vote  of  the  town  at  a 
town  meeting  held  on  thc  fourth  day  of  March  in  the  year 
nineteen  huudred  and  seven,  the  above  amount  having  been 
expended  by  said  company  from  its  company  fund  for  the 
purpose  of  finishing  a  rifle  range  for  the  use  of  the  com- 
])any.  Approved  February  2Jf,  1908. 

Chap.lOS  An  Act  to  authorize  the  suspension  of  liquor  li- 
censes IN  CERTAIN  CASES. 


Br  it  eimcted,  etc.,  as  follows: 

S('cti(m  forty-seven  of  chapt 
vised  r.iiws  is  hen^by  amended 
"  forfeited  ",  in  the  fourth  line,  thc  words:  —  or  may  sus- 


Snended'  ^  *^'       S('cti(m  forty-sevcii  of  chapter  one  hundred  of  the  Re- 
vised r.iiws  is  hen^bv  amended  bv  insertina.'  after  thv  Avord 


Acts,  1908.  —  Chaps.  109,  110.  77 

pend  his  license  for  such  period  of  time  as  they  may  deem 
proper,  —  and  by  inserting  after  the  word  "  thereof  ",  in 
the  sixth  line,  the  words :  —  or  any  law  of  the  common- 
wealth, —  so  as  to  read  as  follows :  —  Section  J^7.  The  li-  i^°eise%7c?^ 
censing  board,  after  notice  to  the  licensee  and  reasonable 
opportunity  for  him  to  be  heard  by  them  or  by  a  committee 
of  the  mayor  and  aldermen  or  selectmen,  if  the  license  was 
granted  by  them,  may  declare  his  license  forfeited,  or  may 
suspend  his  license  for  such  period  of  time  as  they  may 
deem  proper,  upon  satisfactory  proof  that  he  has  violated 
or  permitted  a  violation  of  any  condition  thereof,  or  any 
law  of  the  commonwealth.  The  pendency  of  proceedings 
before  a  court  or  justice  shall  not  suspend  or  interfere  with 
the  power  herein  given  to  decree  a  forfeiture.  If  the  li- 
cense is  declared  to  have  been  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  forfeited 
license,  no  license  shall  be  issued  to  be  exercised  on  said 
premises  for  the  residue  of  the  term  thereof. 

Approved  Fehmary  2.^,  190S. 

An   Act  making  an   appropriation   for  the   mainte-  (7/^«/>.109 

NANCE   (^F   the   STATE    HOSPITAL. 

Be  it  enacted,  etc.,  a.s  follows: 

Section  1.  A  sum  not  exceeding  three  hundred  thou-  state  hospital. 
sand  dollars  is  hereby  appropriated,  to  be  paid  out  of  the 
treasury  of  the  commonwealth  from  the  ordinary  revenue, 
for  the  maintenance  of  the  state  hospital  during  the  fiscal 
year  ending  on  the  thirtieth  day  of  Xovember,  nineteen 
hundred  and  eight. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  2Jf,  1908. 

An  Act  to  authorize  the  appointment  of  a  special  Q^iq/y)  HO 

JUDGE    OF    probate    AND   INSOLVENCY    IN    EACH    OF    THE 
counties   of    BERKSHIRE   AND   HAMPDEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     A  special  judge  of  probate  and  insolvency  Appointment 
shall  be  appointed  in  each  of  the  counties  of  Berkshire  and  fud^es^oi  pro- 
Hampden,  who  may  perform  the  duties  of  the  judge  of  go/vency  i'n 
probate  and  insolvency  in  the  county  for  which  he  is  ap-  Be"kshfre°ind 

Hampden. 


78  Acts,  1008.  — Chap.  111. 

To  act  in  pointed,  in  cases  of  vacancy  in  otKco,  sickness,  disability 

certain  cases.       '■  '  „  .  c  i     ■      i  ,  i        •      i 

on  account  ot  interest  ot  such  judge,  or  whenever  the  judge 
in  a  writing  tiled   with  the   register  requests  the  special 
judge  to  perform  his  (hities;  or,  in  case  of  the  absence  of 
the  judge  from  the  county,  whenever  the  register,  in  a  writ- 
ing certifying  such  absence,  shall  so  request. 
Compensation.        Section  2.     Whenever  the  special  judge  holds  a  session 
of  the  probate  court  or  of  the  court  of  insolvency  because 
(if  vacancy  in  the  office  of  judge  or  because  of  the  sickness 
or  interest  of  the  judge,  he  shall  receive  from  the  common- 
wealth the  same  compensation  that  a  judge  of  probate  and 
insolvency  for  another  county  would  be  entitled  to  receive 
^rtify"  umber  i*'i"  ^^^^'  «anie  scrvicc.     The  register  shall  certify  upon  the 
slnt^e".' *^"^" ''^  records  of  the  court  the  number  of  days,  the  dates  upon 
which,  and  the  occasions  for  which  the  duties  of  the  judge 
are  performed  by  the  special  judge;  and  when  the  occasion 
is  that  of  sickness,  interest  or  vacancy  in  office,  he  shall 
certify  the  same  to  the  auditor  of  the  commonwealth. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  24,  1908. 

ChcipAll  An  Act  to  authorize  the  town  of  pepperell  to  sup- 

PEY   IT8ELF  AND   ITS   INHABITANTS   W^ITII    WATER. 

Be  it  enacted,  etc.,  «,s'  follows: 
Town  of  Section   1.     The  town  of  Pei)perell  may  supply  itself 

PeppciPU  may  ...  .  .   '  .  . 

snrM'iy  itself      jiiid   its  inhabitants  wnth  w^ater  for  the  extinguishment  of 

with  water,  i    />  i  •  c  •  11 

etc.  tires  and  for  domestic,  manutactiinng  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  lie  ])ai(l  therefor. 

May  take  and        Section  2.     Said  towii,  for  tlic  purixiscs  aforesaid,  may 

iiold    cto.    CGr~  1. 

tain 'waters.  take  by  purcliasc  or  otlicrwise  and  hold  the  waters  of  any 
pond  or  stream  or  of  any  ground  sources  of  supply  by 
means  of  driven,  artesian  or  olhci'  wells  within  the  limits 
of  the  town,  and  the  water  rights  connected  with  any  such 

May  take  and    Water  sourccs,  and  may  also  take  by  purchase  or  otherwise 

hold  lands,  etc.  iiiiiii         ^  -'i,  c  'i  i.  

and  liold  all  lands,  rights  of  way  and  easements  necessary 
for  collecting,  storing,  purifying  and  preserving  the  water. 
Proviso.  and  for  conveying  the  same  to  any  part  t^f  said  town :  pro- 

vided, however,  that  no  source  of  water  supply  and  no  lands 
necessary  for  preserving  the  quality  of  such  water  shall  be 
taken  without  first  obtaining  the  advice  and  approval  of 
the  state  board  of  health,  and  that  the  location  of  all  dams, 


Acts,  1908.  — Chap.  111.  79 

reservoirs  and  wells  to  be  used  as  sources  of  water  supply 
under  this  act  shall  Le  subject  to  the  approval  of  said  board. 
Said  town  may  construct  on  the  lands  taken  or  acquired  gj^^^p^ures  la 
and  held  under  the  provisions  of  this  act,  proper  dams,  pipes,  etc. 
reservoirs,  standpipes,  tanks,  buildings,  fixtures  and  other 
structures,  and  may  make  excavations,  procure  and  operate 
machinery  and  provide  such  other  means  and  appliances 
and  do  such  other  things  as  may  be  necessary  for  the 
establishment  and  maintenance  of  complete  and  eifective 
water  works ;  and  for  that  purpose  may  construct  wells 
and  reservoirs  and  establish  pumping  works,  and  may  con- 
struct, lay  and  maintain  aqueducts,  conduits,  pipes  and 
other  works  under  and  over  any  land,  water  courses,  rail- 
roads, railways  and  public  or  other  ways,  and  along  such 
ways  in  the  town  of  Pepperell,  in  such  manner  as  not  un- 
necessarily to  obstruct  the  same ;  and  for  the  ])urpose  of 
constructing,  laying,  maintaining,  operating  and  repairing 
such  conduits,  pipes  and  other  works,  and  for  all  other 
proper  purposes  of  this  act,  said  town  may  dig  up  or  raise 
and  embank  any  such  lands,  highways  or  other  ways,  in 
such  manner  as  to  cause  the  least  possible  hindrance  to 
public  travel  on  such  ways.  Said  town  shall  not  enter 
upon,  construct  or  lay  any  conduits,  pipes  or  other  works 
within  the  location  of  any  railroad  corporation,  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  ap]u'oved  l)y  the  board  of  railroad  commissioners. 

Section  o.     Said  town  shall  within  ninety  days  after  Description  of 
the  taking  of  any  lands,  rights  of  way,  water  rights,  water  be"reco^rded.*° 
sources  or  easements  as  aforesaid,  otherwise  than  by  pur- 
chase, file  and  cause  to  be  recorded  in  the  registry  of  deeds 
for  the  southern  district  of  the  county  of  ]\lid(ncsex,   a 
description  thereof  sufficiently  accurate  for  identification, 
with  a  statement  of  the  purpose  for  which  the  same  were 
taken,  signed  by  the  water  commissioners  hereinafter  pro- 
vided for.     The  title  to  all  land  purchased  or  taken  under  Title  to  land  to 
the  provisions  of  this  act  shall  vest  in  the  town  of  Pep- 
perell,  and   the  land   so   acquired  may  be  managed,    im- 
proved and  controlled  by  the  board  of  water  commissioners 
hereinafter  provided  for,  in  such  manner  as  they  shall  deem 
for  the  best  interest  of  said  town. 

Section  4.     Said  town  shall  pay  all  damages  to  prop-  Damages, 
erty  sustained  by  any  person  or  corporation  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water  right 


80 


Acts,  1908.  —  Ciiai-.  111. 


Town  of 
Pepperell 
Water  Loan, 
Act  of  1908. 


Proviso. 


Payment  of 
loan. 


or  casoniciit,  or  by  any  other  thing  done  hy  said  town  nndor 
authority  of  this  act.  Any  ])crson  or  corporation  sustain- 
ing damages  as  aforesaid,  who  fails  to  agree  with  the  town 
as  to  the  amount  thereof,  nuiy  have  the  same  determined 
in  the  manner  provided  by  hiw  in  the  case  of  hind  taken 
for  the  laying  out  of  highways,  on  a])plication  at  any  time 
within  the  period  of  two  years  after  the  taking  of  such 
land  or  other  property  or  the  doing  of  other  injury  under 
authority  of  this  act;  but  no  such  application  shall  be  made 
after  the  expiration  of  the  said  two  years,  and  no  applica- 
tion for  assessment  of  damages  shall  be  made  for  the  tak- 
ing of  any  water,  water  right,  or  for  any  injury  thereto, 
until  the  water  is  actually  withdrawn  or  diverted  by  the 
town  under  authority  of  this  act.  Said  towai  may  by  vote, 
from  time  to  time,  determine  wdiat  amount  or  quantity  of 
water  it  proposes  to  take  and  appropriate  under  this  act ; 
in  which  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 
town  shall  be  further  liable  only  for  the  additional  dam- 
ages caused  by  such  additional  taking. 

Section  5.  Said  town,  for  the  purpose  of  paying  the 
necessary  expenses  and  liabilities  incurred  under  the  pro- 
visions of  this  act,  may  issue  from  time  to  time  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  one  hundred  and 
fifty  thousand  dollars.  Such  bonds,  notes  or  scrip  shall 
bear  on  their  face  the  words.  Town  of  Pepperell  Water 
Loan,  Act  of  1908 ;  shall  be  payable  at  the  expiration  of 
periods  not  exceeding  thirty  years  from  the  date  of  issue ; 
shall  bear  interest,  payable  semi-annually,  at  a  rate  not  ex- 
ceeding five  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  public  or  private  sale,  or  pledge  the 
same  for  money  borrowed  for  the  purposes  of  this  act,  upon 
such  terms  and  conditions  as  it  may  de(Mn  proper:  pro- 
vided, that  the  securities  shall  not  be  sold  for  less  than  the 
par  value  thereof. 

Skction  G.  Said  town  shall  at  the  time  of  authorizing 
said  loan  provide  for  the  ])ayment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  five  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 


Acts,  1908.  — Ciiap.  111.  81 

with  the  income  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  or  scrip 
issued  as  aforesaid  by  said  town,  and  to  make  such  pay- 
ments on  the  principal  as  may  be  required  under  the  provi- 
sions of  this  act,  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,  until  the 
debt  incurred  by  said  loan  is  extinguished. 

Section  7.  Whoever  wilfully  or  wantonly  corrupts,  Penalty  for 
pollutes  or  diverts  any  water  taken  or  held  under  this  act,  wat^r^et'c'!  °^ 
or  injures  any  structure,  work  or  other  property  owned, 
held  or  used  by  said  town  under  authority  of  this  act,  shall 
forfeit  and  pay  to  the  town  three  times  the  amoimt  of  dam- 
ages 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  8.  Said  town  shall,  after  its  acceptance  of  this  water  com- 
act,  at  the  same  meeting  at  which  the  act  is  accepted  or  at  ^ecilon!""' 
a  legal  meeting  called  for  the  purpose,  elect  by  ballot  three  te^ms,  etc. 
persons  to  hold  otKce,  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  an- 
nual town  meeting,  to  constitute  a  board  of  water  commis- 
sioners ;  and  at  each  annual  town  meeting  thereafter  one 
such  commissioner  shall  be  elected  l)y  ballot  for  the  term 
of  three  years.  All  the  authority  granted  to  the  said  town 
by  this  act  and  not  otherwise  specifically  provided  for  shall 
be  vested  in  said  water  commissioners,  who  shall  be  sub- 
ject however  to  such  instructions,  rules  and  regulations  as 
the  town  may  impose  by  its  vote.  A  majority  of  said  com- 
missioners shall  constitute  a  quorum  for  the  transaction  of 
business.  Any  vacancy  occurring  in  said  board  from  any  vacancy, 
cause  may  be  filled  for  the  remainder  of  the  unexpired 
term  by  said  town  at  any  legal  town  meeting  called  for  the 
purpose.  Any  such  vacancy  may  be  filled  temporarily  by 
a  majority  vote  of  the  selectmen,  and  the  person  so  ap- 
pointed shall  hold  office  until  the  town  fills  the  vacancy  in 
the  manner  provided  herein. 

Section  9.     Said  commissioners  shall  fix  just  and  equi-  '^Vater  rates, 

.  J  1  expenses,  etc. 

table  prices  and  rates  for  the  use  of  water,  and  shall  j)re- 
scribe  the  time  and  manner  of  payment.     The  income  of 


82  Acts,  1908.  — Ciiai-.  112. 

the  water  works  shall  hv  applied  to  defraying,  all  oporat- 
iiiii'  expenses,  interest  charges  and  payments  on  the  prin- 
ei])al  as  they  accrne  npon  any  bonds,  notes  or  scrip  issued 
under  authority  of  this  act.  If  there  should  be  a  net  sur- 
]dus  renuiining  after  providing  for  the  aforesaid  charges 
it  shall  be  used  for  such  new  construction  as  the  water 
commissioners  may  determine  ui)on,  and  in  case  a  surplus 
should  remain  after  payment  for  such  new  construction  the 
water  rates  shall  ])e  reduced  proportionately.  No  money 
shall  be  expended  in  new  constniction  by  the  water  com- 
missioners except  from  the  net  surplus  aforesaid,  unless 
Annual  ac-        (jip  fo^vu  api)roi)riates  and  provides  monev  therefor.     Said 

count,  etc..  to  .      .      ^  '  ,  '  % 

be  rendered.  Commissioners  shall  annually,  and  as  often  as  the  town 
may  require,  render  a  rejwrt  upon  the  condition  of  the 
works  under  their  charge  and  an  account  of  their  doings, 
including  an  account  of  receipts  and  expenditures. 

effect"  *°  **^^  Section  10.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  majority  of  the  legal  voters  of  the  town  of  Pep- 
perell  present  and  voting  thereon  at  a  legal  meeting  called 
for  the  purpose  within  three  years  after  its  passage ;  but 
the  number  of  meetings  so  called  in  any  one  year  shall  not 
exceed  three ;  and  for  the  purpose  of  being  submitted  to 
the  voters  as  aforesaid  this  act  shall  take  effect  upon  its 
passage.  Approved  February  25,  1908. 

Chap.112  Ax  Act  to  ixcorporate  the  exgeebkekt  society,  ix- 

COKPORATED. 

Be  li  enacted,  etc.,  as  foUoivs: 
TheEngei-  Section  1.     Carl  E.  Nelson,  Benjamin  J.  Bernstrom, 

brekt  Society,  -r~>  i  t-<      /^1       i 

Incorporated.  John  Theodorc  Malmberg,  Oscar  Person,  Charles  E.  Carl- 
son, Frederick  Benson,  William  Parson,  John  A.  Erickson, 
Axel  L.  Wickstrand,  John  O.  Wiberg,  Nels  A.  Akeson 
and  iljalniar  Gustafson,  their  associates  and  successors, 
are  hereby  made  a  corporation  by  the  name  of  the  Engel- 
brekt  Society,  Incorporated,  to  be  located  in  the  city  of 
Worcester,  for  the  pui'pose  and  with  the  ]X)wer  of  paying 
death  or  funeral  benefits,  not  exceeding  two  hundred  dol- 
lars in  amount,  and  disability  benefits  not  exceeding  ten 
dollars  a  week,  and  to  fui'uisli  medical  attendance  to  its 
mendK'rs;  the  menil)er.shi])  to  be  limited  to  natives  of 
Sweden,  Norway,  Denmark  and  Finland  and  their  de- 
scendants. 


Acts,  1908.  — Chap.  113.  83 

Section  2.     The  said  corporation  shall,  except  as  herein  To  be  subject 

•        1  1  1  1   •       i.    i.      i.1        t°  certain  pro- 

otherwise  provided,  be  organized  under  and  subject  to  tne  visions  of  kw. 
provisions  of  the  general  law  concerning  fraternal  bene- 
ficiary corporations  having  a  limited  membership;  and 
shall  have  all  the  powers,  rights  and  privileges,  and  shall 
be  subject  to  all  the  duties,  liabilities  and  requirements 
pertaining  to  such  corporations. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  25,  1908. 

An  Act  to  reduce  the  number  of  members  of  the  (JJiai),l\3 

SCHOOL    COMMITTEE   OF   THE    CITY    OF    MALDEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  school  committee  of  the  city  of  Maiden  school  com- 
shall  hereafter  consist  of  five  members,  to  be  elected  by  ^Mllden,'^'*^ 
such  persons  as  shall  be  qualified  to  vote  for  school  com-  tirms°e'tc. 
mittee  in  said  city ;  but  no  [)erson  shall  be  eligible  for  elec- 
tion to  the  committee  who  is  not  an  inhabitant  of  the  city 
and  has  not  been  a  resident  for  at  least  three  years  con- 
tinuously prior  to  the  election.     The  school  committee  shall 
serve  without  compensation,  and  their  terms  of  office  shall 
begin  with  the  beginning  of  the  municipal  year  following 
their  election.     At  the  annual  municipal  election  next  fol- 
lowing the  acceptance  of  this  act,  as  hereinafter  provided, 
two  persons  shall  be  elected  as  aforesaid,  to  hold  office  for 
three  years,  two  for  two  years  and  one  for  one  year ;  and 
thereafter  at  each  annual  municipal  election  there  shall  be 
elected  for  the  term  of  three  years  so  many  persons  as  may 
be  necessary  to  fill  the  places  of  the  member  or  members 
of  said  committee  whose  term  or  terms  are  about  to  ex- 
pire.     Vacancies   in   said   committee   arising  from   death,  Vacancies, 
resignation  or  otherwise  shall  be  filled  for  the  unexpired 
term  at  the  next  annual  municipal  election:  provided,  how-  Proviso. 
ever,  that  vacancies  may  be  filled  for  the  remainder  of  any 
municipal  year  in  the  manner  provided  in  section  twenty- 
four  of  chapter  one  hundred  and  sixty-nine  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-one. 

Section  2.  Upon  the  organization  of  the  school  com-  Terms  of  office, 
mittee  elected  under  and  in  accordance  with  the  provisions  fchoo*i  commi't- 
of  this  act  the  terms  of  office  of  the  members  of  the  present  ^^^  *°  ^^^^' 
school  committee  shall  end,  and  their  powers  and  duties 
shall  cease. 


84 


Acts,  1908.  — Chat.  114. 


Powers  and 
duties,  etc. 


Repeal. 


To  be  sub- 
mitted to 
voters  at  state 
election,  etc. 


When  to  take 
effect. 


Section  3.  The  school  coniniittee  elected  under  and  in 
accordance  with  the  provisions  of  this  act  shall  be  the  law- 
ful successors  of  the  present  school  committee,  and  shall  be 
entitled  to  all  the  powers  and  ])rivilefies  conferred,  and  sub- 
ject to  the  duties  and  obligations  imposed,  by  said  chapter 
one  hundred  and  sixty-nine  and  acts  in  amendment  thereof 
and  in  addition  thereto. 

Section  4.  So  much  of  any  act  as  is  inconsistent  here- 
with is  hereby  repealed. 

Section  5,  This  act  shall  be  submitted  to  the  voters 
of  the  city  of  Maiden  at  the  annual  state  election  held  in 
November,  nineteen  hundred  and  eight,  and  the  form  of 
the  question  to  be  placed  upon  the  ballot  shall  be  as  fol- 
lows :  —  Shall  chapter  of  the  acts  of  the  year  nine- 
teen hundred  and  eight,  being  "  An  Act  to  reduce  the  num- 
ber of  members  of  the  school  committee  of  the  city  of 
Maiden  ",  be  accepted  ?  and  if  a  majority  of  the  voters 
voting  thereon  shall  vote  in  the  affirmative  this  act  shall 
take  effect. 

Section  6,  So  much  of  this  act  as  authorizes  its  sub- 
mission to  the  voters  of  the  said  city  shall  take  effect  upon 
its  passage,  but  it  shall  not  take  furtlier  effect  until  ac- 
cepted by  the  voters  of  the  city  as  herein  provided. 

Approved  February  25,  1908. 


Falmouth 
Land  Company 
incorporated. 


Purposes  of 
incorporation 


Chap.W^i  An  Act  to  incorpokate  the  falmouth  land  company. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  Leon  F.  Reynolds,  John  W.  Barlow  and 
Gilbert  S.  Dobson,  their  associates  and  successors,  are 
hereby  made  a  corporation  by  the  name  of  the  Falmouth 
Land  Company,  for  the  following  purposes :  —  To  buy, 
hold,  own,  manage,  improve,  mortgage,  lease,  sell  and  other- 
wise deal  with  or  dispose  of  any  real  estate  in  the  town  of 
Falmouth,  and  in  any  town  adjoining  said  Falmouth ;  to 
build,  own,  hire,  let,  carry  on  and  sell  seashore  houses, 
hotels  and  dwellings  of  every  nature  in  said  town  or  said 
adjoining  towns;  to  jnirchase,  hold,  convey,  mortgage  and 
lease  such  personal  property  as  the  purposes  of  said  corjx)- 
ration  may  require;  to  act  as  agents  for  individuals,  asso- 
ciations, corporations,  trustees  or  otherwise,  and  to  ])erform 
such  other  legal  acts  as  may  be  necessary  to  accomplish  the 
said  purposes;  with  all  the  powers  and  privileges,  and  sub- 


Acts,  1908.  — Chap.  115.  85 

ject  to  all  the  duties,  liabilities  and  conditions  set  forth  in 
all  general  laws  now  or  hereafter  in  force  applicable  to 
such  corporations. 

Section  2.     The  capital  stock  of  said  corporation  shall  Capital  stock, 
be  one  hundred  and  fifty  thousand  dollars,  which  may  by 
vote  of  the  corporation  be  increased  to  an  amount  not  ex- 
ceeding two  hundred  thousand  dollars,  to  be  divided  into 
shares  of  the  par  value  of  ten  dollars. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  25,  1908. 

An  Act   to  authorize  the   town   of   brookb^ield   to  CJJidrn  215 

INCUR  indebtedness   FOR  THE  PURPOSE  OF  PAYING  CER- 
TAIN NOTES. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     For  the  purpose  of  paying  its  outstanding  Town  of 

4-       ■  A       •         \\  •       +  1  11  5    Brookfield  may 

notes  maturing  during  tlie  year  nineteen  hundred  and  borrow  money 
eight,  except  those  given  in  anticipation  of  the  taxes  of  the  p°Jrposes'" 
year  nineteen  hundred  and  seven,  the  town  of  Brookfield 
is  hereby  authorized  to  borrow  a  sum  of  money  not  exceed- 
ing twenty-four  thousand  five  hundred  dollars,  and  to  issue 
notes  or  bonds  therefor,  payable  at  periods  not  exceeding 
twenty-four  years  from  the  dates  of  issue.  Such  notes  or 
bonds  shall  be  signed  by  the  treasurer  and  countersigned  by 
a  majority  of  the  selectmen,  shall  bear  interest,  payable 
semi-annually,  at  a  rate  not  exceeding  four  and  one  half 
per  cent  per  annum,  and  shall  not  be  sold  below  the  par 
value  thereof.  At  the  time  of  issuing  the  said  notes  or  Payment  of 
bonds  the  town  shall  provide  for  the  payment  thereof  in 
such  annual  payments  as  will  extinguish  the  debt  within 
the  time  prescribed  in  this  act ;  and  when  a  vote  to  that 
effect  has  been  passed  the  amount  required  therefor  shall 
be  raised  annually  b}''  taxation  in  the  same  manner  in 
which  other  taxes  are  raised,  without  any  further  vote  or 
action  b}^  the  town. 

Section  2.     This  act  shall  take  effect  upon  its  accept-  when  to  take 
ance  by  a  vote  of  two  thirds  of  the  voters  present  and  voting 
thereon  at  an  annual  town  meeting,  or  at  a  special  town 
meeting  called  for  the  purpose. 

Approved  February  25,  1908. 


86  Acts,  1908.  — Chaps.  110,  117. 


Chap.llG  Ax\  Act  to  authorize  the  appointment  of  trust  com- 
panies AS  CONSERVATORS  OF  THE  PROPERTY  OF  AGED 
PERSONS. 

Be  it  enacted,  etc.,  as  folloirs: 

R.L.  116,  §  18,  Section  eighteen  of  cliairter  one  liiiiidrcd  and  sixteen  of 
I  he  Revised  Laws  is  liereby  amended  by  insertino-  after  the 
word  ''  property  ",  in  the  fifth  line,  the  words :  —  or  con- 
servator of  the  property  of  aged  persons  under  the  ])ro- 
visions  of  section  forty  of  chapter  one  hnndred  and  forty- 
five  of  tlie  Revised  Laws,  as  amended,  —  so  as  to  read  as 
nres^maTbcT''  follows :  —  Section  IS,  Such  Corporation  may  be  ap- 
appointed         pointed   cxecutor  of  a   will,   codicil   or  wn-itiiio;  testamen- 


administrators,  tary,  administrator  with  the  will  annexed,  administrator 

etc.  ... 

of  the  estate  of  any  person,  receiver,  assig-nee,  guardian,  or 
trustee  under  a  will  or  instrument  creating  a  trust  for  the 
care  and  management  of  property,  or  conservator  of  the 
projierty  of  aged  ])ersons  under  the  provisions  of  section 
forty  of  chapter  one  hundred  and  forty-five  of  the  Revised 
Laws,  as  amended,  under  the  same  circumstances,  in  the 
same  manner,  and  subject  to  the  same  control  by  the  court 
having  jurisdiction  of  the  same,  as  a  legally  qualified  per- 
son. Any  such  appointment  as  guardian  shall  apply  to  the 
estate  and  not  to  the  person  of  the  w^ard.  Such  corporation 
shall  not  be  required  to  receive  or  hold  property  or  money 
or  assume  or  execute  a  trust  under  the  jirovisions  of  this 
or  of  section  sixteen  witliout  its  assent. 

A])prore(]  Fchruary  2h.  1908. 

Chap.117  Ax  Act  to  authorize  the  city  of  salem  to  take  and 

p-ILE    certain    land   OR   FEATS    IN    THE    NORTH    IJIVKR   IN 
SAID   CITY. 

Be  it  enacted,  etc.,  as  folloirs: 

Salem  ma^y  Section  1.     The  (dty  of  Salcui,  for  tlie  ]uir])oso  of  abat- 

take  certain       jj^jr  flie  nuisanc(>  ill  tluit  part  of  the   iVorth  river  in  said 

lands  or  flats,  .  ^  i  .  tot-. 

etc.  city  known  as   Howard  street  basin   and  St.   i  eter  street 

l)asin,  may,  from  time  to  time,  ])urchase  or  take  any  or  all 
of  the  lands  or  flats  in  said  basins  in  Salem  lying  westerly 
of  Northey  street,  northerly  of  Bridge  stre(>t  and  southeast- 
erly of  the  main  line  of  the  eastern  branch  of  the  Boston 
and  Maine  Railroad,  and  may  fill  and  raise  the  same  to 
such  grade  as  may  be  deemed  necessary  or  expedient. 


Acts,  1908.  — Chap.  117.  87 

Section  2.  Said  city  shall  within  ninety  days  after  the  Description  of 
acquiring  of  any  lands  or  flats  hereunder,  otherwise  than  be"reco^rded.  ° 
by  purchase,  file  and  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  southern  district  of  the  county  of  Essex  a 
description  thereof,  sufficiently  accurate  for  identification, 
with  a  statement  signed  by  the  mayor  that  the  same  are 
taken  in  the  name  and  behalf  of  said  city  under  the  pro- 
visions of  this  act ;  and  the  filing  thereof  shall  be  sufficient 
notice  to  all  persons  that  the  same  have  so  been  taken. 

Section  3.  Said  city  shall  pay  all  damages  to  property  Damages, 
sustained  l\v  any  person  or  corporation  by  the  taking  of 
any  lands  or  flats,  or  by  any  other  thing  done  by  it  under 
authority  hereof.  And  if  the  city  and  such  person  or  cor- 
poration cannot  agree  as  to  the  amount  so  to  be  paid,  the 
person  or  corporation  may  file  a  petition  against  the  city 
in  the  superior  court  of  the  county  of  Essex  for  a  jury  to 
determine  said  damages;  and  thereupon  the  same  pro- 
ceedings shall  be  bad  as  are  provided  in  case  of  application 
for  a  jury  by  persons  dissatisfied  with  the  damages  awarded 
for  land  taken  for  the  laying  out  of  highways:  provided.  Proviso, 
that  no  such  application  for  a  jury  shall  be  made  after 
the  expiration  of  one  year  from  the  taking  of  such  lands 
or  flats  or  the  doing  of  other  injury  under  the  authority  of 
tliis  act. 

Section  4.  In  every  case  of  a  petition  for  a  jury  as  city  may  offer 
aforesaid,  said  city  may  at  any  time  file  in  court  an  offer  araLnages!" 
in  writing  to  pay  the  petitioner  a  sum  therein  specified  as 
damages,  and  if  he  does  not  accept  the  same  within  ten 
days  after  notice  of  such  offer,  and  does  not  finally  recover 
a  greater  sum  than  is  so  offered,  not  including  interest,  the 
city  shall  be  entitled  to  recover  its  costs  from  the  date  of 
filing  the  said  offer,  and  the  petitioner,  if  he  recovers  dam- 
ages, shall  be  entitled  to  costs  only  to  said  date. 

Section  5.     Said  city  may  lay  out  in  the  manner  pro-  May  lay  out 
vided  by  its  charter  any  streets  or  ways  upon  and  over  any  ^  ^^^  ^'  ^  '^' 
lands  or  flats  purchased  or  taken  hereunder,  and  may  sell 
and  convey  any  parts  of  such  lands  and  flats  not  required 
for  ])ublic  uses. 

Section  6.     The  city  of  Salem  before  beginning  to  fill  t^o°harboTand 
any  flats  taken  under  the  authority  of  this  act  shall  give  i^nd  commis- 

.  •  iii/>ii  1  1  sioners,  etc. 

written  notice  to  the  board  of  harbor  and  land  commis- 
sioners of  the  work  proposed,  and  shall  submit  to  said 
board  plans  of  the  flats  intended  to  be  filled,  showing  the 


88  Acts,  1908.  —  Chaps.  118,  119. 

mode  in  Avhieli  the  work  is  to  be  performed ;  and  no  snch 
work  shall  be  beo-un  until  the  plans  and  the  mode  of  per- 
forming the  work  havt;  been  approved  in  writing  by  said 
board, 
Sect"*"^''^^  Skotiox  7.  This  aet  shall  take  effect  npon  its  accept- 
ance by  the  city  council  of  said  city. 

Approved  Fehruary  25,  1908. 

Choj).llS  An  A(;t  to  exempt  from  taxation  the  property  held 

BY  the   trustees  OF   THE   WHITE   FUND. 

Be  it  enacled,  etc.,  as  fuJJows: 

em'^heirr?3v'  Section  1.  The  real  estate  occupied  for  free  public 
trustees  of  Uie  library  purposes,  and  the  personal  property,  the  income 
to  be  exempt      of  wliicli  is  uscd  exclusivcly  for  literary,  benevolent,  char- 

from   taxation.    •      ■,  ^  ...  "^       ^  .        "-  '  ^^  ^ 

itable  or  scientitic  purposes,  oi  a  value  not  exceeding  three 
hundred  thousand  dollars  in  the  aggregate,  held  by  the 
trustees  of  the  White  Fund  under  an  indenture  made 
between  Daniel  A,  White,  the  Essex  Company,  and  Charles 
S.  Storrow,  Xathaniel  G.  ^Vllite,  and  Henry  K.  Oliver, 
dated  August  twenty-three,  eighteen  hundred  and  fifty- 
two,  and  recorded  in  the  south  district  of  Essex  registry 
of  deeds,  book  four  hundred  and  sixty-five,  page  two  hun- 
dred and  seventy-one,  shall  be  exempt  from  taxation: 
Proviso  yroindcd,  however,  that  said  real  estate  and  ]iersonal  prop- 

erty shall  not  be  exempt  for  any  year  in  which  said  trus- 
tees fail  to  make  all  the  returns  required  by  law  to  be 
made  by  a  corporation  entitled  to  exemption  under  the 
third  clause  of  section  five  of  chapter  twelve  of  the  Revised 
Laws. 

kSection  2.     This  act  shnll  take  effect  upon  its  passage. 
Approved  Fehruary  25,  1908. 

Clidp.Vl^  An  Act  relative  to  the  building  of  structures  over 

CERTAIN  STREETS  IN  THE  CITY"  OF  WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

buih^^acmsJ^^  Skction  1.  Upou  petition  and  after  seven  days'  public 
certain  streets    notice,  pulilishcd  in  at  Icast  three  newspapers  i>ublislied  in 

in  the  city  of  "1  .       ,  .  , 

Worcester.  -(Jiq  (-ity  of  Worcester,  and  a  public  hearing  thereon,  the 
board  of  aldermen  of  the  city  of  Worcester  may,  by  a  two 
thirds  vote,  Avith  the  apjiroval  of  the  mayor,  issue  a  jiermit 
to  the  Crompton  and  Knowles  Loom  Works  of  Worcester 
to  liiiild  and  maintain  a  bridge  across  Grand  street  and  a 


Acts,  1908.  — Chap.  120.  89 

bridge  across  Tainter  street  in  said  city,  for  the  purpose 
of  connecting  buildings  owned  by  it  on  opposite  sides  of 
said  streets,  and  to  The  Wliite  and  Bagley  Company  to 
maintain  its  bridge  across  Manchester  street  in  said  city; 
on  such  conditions  and  subject  to  such  restrictions  as  said 
board  prescribes. 

Section  2.     The  permit  issued  as  provided  in  section  Permit  may  be 
one  of  this  act  may  be  revoked  by  vote  of  the  board  of 
aldermen,  approved  by  the  mayor  of  the  city  of  Worcester. 

Section  3.     No  bridges  built  across  said  streets,  under  construction, 

.  .  .  .  etc. 

a  permit  granted  as  provided  in  section  one  of  this  act, 
shall  be  constructed  or  maintained  at  a  height  less  than 
eighteen  feet  above  the  grade  line  of  the  street,  across 
which  such  bridge  is  erected,  except  that  the  bridge  of 
The  White  and  Bagley  Company  may  be  maintained,  if  a 
permit  to  that  effect  is  granted,  at  its  present  height.  And 
no  bridge  shall  be  more  than  twelve  feet  in  width,  and  no 
portion  of  the  bridge  or  its  support  shall  rest  on  the  sur- 
face of  the  street. 

Section  4.  Any  person  whose  property  is  damaged  Damages, 
by  reason  of  the  construction  of  any  bridge  permitted  to 
be  built  as  provided  in  section  one  of  this  act  may  have 
the  damages  therefor  determined  by  a  jury  upon  petition 
to  the  su])erior  court  therefor  filed  within  one  year  after 
the  permit  for  the  erection  of  such  bridge  is  approved  by 
the  mayor,  as  provided  in  section  one  of  this  act. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  25,  1908. 

An  Act  relative  to  the  taxation  of  plantations  cf  (JJian.120 

certain  varieties  of  trees. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  twelve  of  the  Revised  Laws  is  hereby  amended  R-li2  §6, 

1  .,   .  .  .  1     .  ..,'',  „    amended. 

by  striking  out  section  six  and  inserting  m  place  thereof 
the  following:  —  Section  6.  Land  upon  which  pines,  Certain  land  to 
chestnuts,  larches,  spruces,  hemlocks,  walnuts,  hickories,  from  taxation. 
American  and  large-toothed  poplars,  yellow  and  paper 
birches,  beeches,  maples,  basswoods,  or  ash  timber  trees, 
or  others  when  approved  by  the  state  forester,  have  been 
set  out  or  planted  to  the  number  of  not  less  than  six  hun- 
dred per  acre,  and  which  by  such  setting  out  or  planting 
has  become  evenly  stocked  with  such  trees  to  the  number 
of  not  less  than  twelve  hundred  per  acre,  including  in  such 


90  Acts,  1908.  — Chaps.  121,  122. 

numbor  the  trees  growing  naturally  upon  said  land,  shall 
be  exempt  from  taxation  for  a  ])ei'io(l  of  ten  years  after 
the  said  trees  have  grown  in  height  two  feet  on  the  average, 
\iY>on  satisfactory  proof  by  the  owners  to  the  assessors  of 
Provisos.  the  foregoing  facts:  provided,  that  at  tlie  time  when  the 

trees  are  planted  or  set  ont  the  said  land  is  not  wooflhind 
or  sprontland,  or  land  containing  more  than  six  hnndred 
standing  trees  to  the  acre,  and  does  not  exceed  in  value 
ten  dollars  per  acre;  and  provided,  further,  that  snch  ex- 
emption shall  not  extend  beyond-  the  time  during  which 
said  land  is  devoted  exclusively  to  the  growth  of  said  trees. 

Approved  February  25,  1908. 

Chap.\2i\  An  Act  relative  to  the  marriage  certificate  fees 

PAYABLE  TO  TO^VN  CLERKS. 

Be  it  enaeted,  etc.,  as  follows: 
R.  L.  204,  §25,       Section  twenty-five  of  chapter  two  hundred  and  four  of 

anieuded.  ^  -^        _  ^ 

the  Revised  Laws  is  hereby  amended  by  striking  out  the 
words  "  fifty  cents  ",  in  the  fourth  line,  and  inserting  in 
place  thereof  the  w^ords:  —  one  dollar,  —  so  as  to  read  as 
Srks°^*°'"'  follows:  —  Section  25.  The  fees  of  town  clerks  shall  be 
as  follow^s:  —  For  entering  notice  of  an  intention  of  mar- 
riage and  issuing  the  certificate  thereof,  and  for  entering 
the  certificate  of  marriage  which  is  filed  by  persons  mar- 
ried out  of  the  commonwealth,  one  dollar,  which  shall  be 
paid  by  the  parties. 

For  a  certificate  of  a  birth  or  death,  ten  cents. 

Approved  February  26,  1908. 

Chap.l2i2  An    Act  to   incorporate   the   watertowm    home   for 

OLD    FOLKS. 

Be  it  enacted,  etc.,  as  follows: 
Watertown  Section  1.     Hari'v  W.   Brigham,   Alberto  F.   Ha^Ties 

Home  for  Old  .  o  '  o 

Folks  iiicorpo-  and  Jolm  E.  Abbott,  all  of  Watertown,  the  trustees  named 
in  the  last  wills  of  Alfred  IT.  A.  Groeschner  and  Nancy 
W.  Groeschner  late  of  Watertown,  and  tlieir  associates 
and  successors,  are  hereby  made  a  corporation  by  the  name 
of  the  Watertown  Tloine  for  Old  Folks,  for  the  purpose 
of  establishing  and  maintaining  in  the  town  of  Water- 
toAvn  a  home  for  aged  ])oor  ])eo])le,  under  and  in  accord- 
ance with  the  terms  and  jjrovisions  of  said  wills,  and  of 


Acts,  1908.  — Chap.  123. 


91 


otherwise  executing  and  carrying  out  the  trusts  and  pur- 
poses of  said  wills ;  and  said  corporation  shall  have  and 
exercise  all  the  rights,  powers  and  privileges  and  authority 
given  to  or  vested  in  said  trustees  by  said  wills,  and  shall 
also  have  and  exercise  all  the  powers  and  privileges  and 
be  subject  to  all  the  duties,  restrictions  and  liabilities  con- 
tained in  all  general  laws  now  or  hereafter  in  force  re- 
lating to  such  corporations. 

Section  2.     The  corporation  shall  consist  of  the  afore-  Membersiiip 
said  incorporators  and  such  other  persons  as  may  at  any 
legal  meeting  of  the  corporators  be  elected  members  thereof 
by  ballot. 

Section  3.  Said  Harry  W.  Brigham,  Alberto  F. 
Haynes  and  John  E.  Abbott  are  hereby  authorized  to  con- 
vey to  said  corporation  all  of  the  estate,  real  and  personal, 
now  held  by  them,  or  to  which  they  may  be  entitled,  as 
trustees  under  the  will  of  Alfred  H.  A.  Groeschner  and 
under  the  will  of  ISTancy  W.  Groeschner. 

Section  4.  Said  corporation  shall  have  authority  to 
receive  all  the  real  and  personal  estate  given,  bequeathed 
and  devised  by  said  wills  to  the  trustees  therein  named, 
and  also  to  receive  and  acquire  other  real  and  personal  es- 
tate by  grant,  devise,  bequest,  gift  or  subscription  to  an 
amount  not  exceeding  in  the  whole  two  hundred  thousand 
dollars,  and  to  hold,  use  and  expend  the  same  under  the 
trusts  and  for  the  purposes  and  objects  set  forth  in  said 
wills. 

Section  5.  Said  corporation  shall  have  full  ])nwer  to 
elect  or  appoint  such  officers  as  from  time  to  time  it  may 
deem  necessary  or  expedient ;  to  adopt  by-laws ;  to  fix  and 
establish  any  needful  regulations,  and  all  rates  and  charges 
for  inmates  of  said  home ;  and  generally  to  do  all  acts  and 
things  necessary  or  expedient  to  be  done  to  carry  out  the 
provisions  and  objects  of  said  wills  and  of  this  act. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 
Approved  Fehruary  26,  190S. 


Certain   prop- 
erty may  be 
conveyed  to 
corporation. 


Gifts,  bequests, 
etc. 


Powers  and 
duties. 


An  Act  relative  to  fishinc;  on  the  lord's  day.  Chcip.123 

Be  it  enacted,  etc.,  as  folloirs: 

Section   1.      Section  twelve  of  chapter  ninetv-eight  of  Ri>-98  §12, 

i  ,     .    "         ~  amended. 

the  Revised  Laws  is  hereby  amended  by  striking  out  the 
words  "  or  other  implement  ",  in  the  third  line,   and  by 


92  Acts,  1908.  — Chaps.  124,  125. 

inserting  after  the  word   "  net  ",   in  the   third  line,   the 
Penalty  for       word  :  —  or,  —  SO   as  to   read   as   follows :  —  Section  12. 
on  the'Lord's    Whoever,  on  the  Lord's  day,  discharges  any  firearm  for 
*^'  sport  or  in  the  pursuit  of  game,  or  attempts  to  take  or 

catch  any  fish  by  nsing  any  hook,  line,  net  or  spear,  shall 
be  pnnished  by  a  fine  of  not  more  than  ten  dollars.  Pros- 
ecntions  under  the  provisions  of  this  section  shall  be  com- 
menced within  thirty  days  after  the  time  the  offence  was 
committed. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  26,  1908. 


Chap.124:  An  Act  making  an  appropriation  for  the  soldiers' 

HOME   IN    MASSACHUSETTS. 

Be  it  enacted,  etc.,  as  follows: 

theSofdiers'  Section  1.     The  Slim  of  sixty-threc  thousand  dollars 

Home.  ig  hereby  apju'opriated,  to  be  paid  out  of  the  treasury  of 

the  commonwealth  from  the  ordinary  revenue,  to  the 
Trustees  of  the  Soldiers'  Home  in  Massachusetts,  toward 
the  support  of  said  home,  as  authorized  by  chapter  eleven 
of  the  resolves  of  the  present  year. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  26,  1908. 


Chap.125  An  Act  to  provide  for  the  erection  of  a  building 
for  the  fourth  district  court  for  the  county  of 
bristol  at  attleborougii. 

Be  it  enacted,  etc.,  as  follo%vs: 

?rected*fo*r° '^^        Section  1.     The  couuty  commissioners  of  the  county 
fourth  district    of  Bristol  are  hereby  authorized  and  directed  to  erect  in 

court  of  Bristol  ''  •       ^  t         ->  (>    ^       •^  ^• 

at  Attie-  the  town  of  Attleborouffh  a  suitable  fireproof  building  for 

the  fourth  district  court  of  said  county,  and  may  take,  or 
acquire  by  purchase  or  otherwise,  such  laud  as  ma}'  be 
necessary  for  this  purpose. 

Description  of        Section  2.     Said  couutv  Commissioners  shall,  within 

land  taken  to         .  •    •  '  i         i  i  i   •  l 

be  recorded,      sixty  days  after  acquiring  any  laud  under  this  act,  other- 


etc 


wise  than  by  purchase,  file  and  cause  to  be  recorded  in  the 
registry  of  deeds  for  the  northern  district  of  the  couuty  of 
Bristol  a  description  of  such  land  sufficiently  accurate  for 
identification,  with  a  statement  of  the  purpose  for  which 


Acts,  1908.  — Chap.  126.  93 

the  same  was  taken,  signed  by  said  county  commissioners ; 

and  the  title  of  the  land  so  taken  shall  vest  in  said  county 

in  fee.     Said  county  shall  be  liable  to  pay  all  damages  Damages. 

sustained  by  any  person  or  persons  by  reason  of  the  taking 

of  such  land ;   and  the  damages  shall  be  determined   in 

the  manner  provided  by  law  for  determining  damages  in 

the  case  of  the  laying  out,  altering  and  discontinuing  of 

highways. 

Section  3.     In  order  to  meet  the  expenses  incurred  n°^Jiof,ersniay 
under   this    act    said   county    commissioners    nuiy    borrow  borrow  money. 
from  time  to  time  upon  the  credit  of  said  county  a  sum 
not  exceeding;  thirty  thousand  dollars.     This  indebtedness  Payment  of 
shall  be  paid  out  of  amounts  received  for  taxes,  at  the  rate 
of  three  thousand  dollars  each  year,  beginning  with  the 
year  nineteen  hundred  and  eight,  until  the  whole  indebt- 
edness is  paid. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  2G,  1908. 


An  Act  to  authorize  the  digging  of  clams  and  the  Chctp.VlQ 

DRESSING  OF  FISH  ON   THE   LORd's  DAY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  ninety-eight  of  elc^amelde'd. 
the  Revised  Laws,  as  amended  by  chapter  four  hundred 
and  fourteen  of  the  acts  of  the  year  nineteen  hundred  and 
two,  is  hereby  further  amended  by  adding  at  the  end 
thereof  the  words :  —  nor  the  digging  of  clams  or  the 
icing  and  dressing  of  fish,  —  so  as  to  read  as  follows :  — 
Section  3.  The  provisions  of  the  preceding  section  shall  ^"rnot'^pro- 
not  be  held  to  prohibit  the  manufacture  and  distribution  hibiteri  on  the 

1  •    •  c         Ml  •  •  Lord  s  day. 

of  steam,  gas  or  electricity  for  illuminating  purposes,  heat 
or  motive  power,  nor  the  distribution  of  water  for  fire  or 
domestic  purposes,  nor  the  use  of  the  telegraph  or  the 
telephone,  nor  the  retail  sale  of  drugs  and  medicines,  nor 
articles  ordered  by  the  prescription  of  a  physician  or 
mechanical  appliances  used  by  physicians  or  surgeons,  nor 
the  retail  sale  of  tobacco  in  any  of  its  forms  by  licensed 
innholders,  common  victuallers,  druggists  and  news  deal- 
ers whose  stores  are  open  for  the  sale  of  newspapers  every 
day  in  the  week,  nor  the  retail  sale  of  ice  cream,  soda 
water  and  confectionery  by  licensed  innholders  and  drug- 
gists, and  by  such  licensed  common  victuallers  as  are  not 


9i 


Acts,  1908.  — Chap.  127. 


also  licensed  to  soil  intoxicating  liquors  and  who  are  au- 
thorized to  keep  open  their  places  of  business  on  the  Lord's 
day,  nor  tlu^  letting  of  horses  and  carriages  or  of  yachts 
and  boats,  nor  the  running  of  steam  ferry  boats  on  estab- 
lished routes,  nor  the  running  of  street  railway  cars,  nor 
the  preparation,  printing  and  publication  of  newspapers, 
nor  the  sale  and  delivery  of  newspapers,  nor  the  wholesale 
or  retail  sale  and  delivery  of  milk,  nor  the  transportation 
of  milk,  nor  the  making  of  butter  and  cheese,  nor  the 
keeping  o])en  of  public  bath  houses,  nor  the  making  or 
selling  by  bakers  or  their  employees,  before  ten  o'clock 
in  the  morning  and  between  the  hours  of  four  o'clock  and 
half  past  six  o'clock  in  the  evening,  of  bread  or  other  food 
usually  dealt  in  by  them,  nor  the  carrying  on  of  the  busi- 
ness of  bootblacks  before  eleven  o'clock  in  the  forenoon,  nor 
the  digging  of  clams  or  the  icing  and  dressing  of  fish. 
Sectjon  2.  This  act  shall  take  effect  upon  its  passage. 
Approved  February  26,  1908. 


Chap.V2tl  An  Act  eelative  to  the  filing  of  petitions  for  the 

ENFORCEMENT      OF     LIENS     ON      BUILDINGS     AND     STRUC- 
TURES. 

lU 


R.  L.  197, 
amended. 


10, 


Enforcement 
of  liens  on 
buildings,  cic. 


//  ciKic/cd,  etc.,  as  folloirs: 

vSectioa^  1.  Section  ten  of  chapter  one  hundred  and 
ninety-seven  of  tlie  llevised  Laws  is  hereby  amended  by 
inserting  after  the  word  "  dollars  ",  in  the  twelfth  line, 
llic  Avords:  —  If  the  building  or  structure  affected  by  the 
lien  is  not  situated  within  the  judicial  district  of  any  one 
of  sucli  police,  district  or  municipal  courts,  the  petition 
may  be  brought  in  the  court  the  judicial  district  of  which 
adjoins  the  to^^^l  in  wliich  such  building  or  structure  is 
situated,  or,  if  said  town  does  not  adjoin  any  judicial 
district,  in  any  one  of  such  courts  in  said  county,  —  so  as 
to  read  as  follows:  —  Section  10.  The  superior  court 
foi-  tlu'  county  in  which  flu;  building  or  structure  is  situ- 
ated shall  have  jurisdiction  to  enforce  liens  under  the 
provisions  of  this  chapter;  but  if  the  building  or  structure 
affected  by  the  lien  is  situated  within  their  resjK^ctive 
jurisdictions,  a  trial  justice  shall  have  original  and  con- 
ciii-rcnt  jurisdiction  witli  the  su])erior  com-t  if  tlic  amount 
claimed  does  not  exc(Mxl  three  hundred  dolhtrs,  a  police, 
district  or  municipal  court,  except  the  municipal  court 


Acts,  1908.  — Chap.  128.  95 

of  the  city  of  Boston,  shall  have  like  jurisdiction  if  the 
amount  claimed  does  not  exceed  one  thousand  dollars,  and 
the  municipal  court  of  the  citj  of  Boston  shall  have  like 
jurisdiction  if  the  amount  claimed  does  not  exceed  two 
thousand  dollars.  If  the  building  or  structure  affected 
by  the  lien  is  not  situated  within  the  judicial  district  of 
any  one  of  such  police,  district  or  municipal  courts,  the 
jietition  may  be  brought  in  the  court  the  judicial  district 
of  which  adjoins  the  town  in  whicli  such  building  or  struc- 
ture is  situated,  or,  if  said  tovni  does  not  adjoin  any  judi- 
cial district,  in  any  one  of  such  courts  in  said  county.  The 
parties  shall  have  like  rights  of  appeal  as  in  other  civil 
cases. 

Section  2.     This  act  shall  take  eff'ect  upon  its  passage. 
Approved  February  27 ,  1908. 


An  Act  to  incorporate  the  whitman  board  of  tradk  (JJian.V2S 

CORPORATION. 

Be  it  enacted,  etc.,  as  fiMows: 

Section  1.  Benjamin  S.  x\twood,  Leonard  B.  Hatch,  g'''*,f^\.  , 
George  O.  Jenkins,  Obed  H.  Ellis,  George  D,  Soule,  Corporation 
George  L.  Paine,  Walter  E.  Trufant,  Thomas  A.  Cush- 
man  and  George  D.  Alden,  their  associates  and  successors, 
are  hereby  made  a  corjwration  for  the  term  of  thirty 
years  from  the  date  of  the  passage  of  this  act,  by  the  name 
of  the  Whitman  Board  of  Trade  Corporation,  with  au- 
thority to  purchase  and  hold  land  not  exceeding  six  acres, 
with  the  buihlings  thereon,  within  the  limits  of  the  town 
of  Whitman,  and  also  to  erect  and  maintain  buildings 
thereon  of  brick,  WM:)od  or  stone  for  manufacturing  and 
business  purposes,  and  with  authority  to  lease,  sell  or 
mortgage  any  of  said  estate,  subject  to  the  ju'ovisions  of 
chapter  one  hundred  and  ten  of  the  Revised  Laws,  and  any 
acts  in  addition  thereto  or  in  amendment  thereof,  and  to 
all  general  laws  now  or  hereafter  in  force  relating  to  such 
corporations. 

Section  2.     The  ca])ital  stock  of  said  corporation  shall  Capital  stock, 
be  ten  tliousand  dollars,  divided  into  shares  of  ten  dollars 
each,  and  may  be  increased  from  time  to  time  to  an  amount 
not  exceeding  twenty-five  thousand  dollars. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  21 ,  1908. 


96  Acts,  11)08.  —  CiiArs.  129,  130. 


Chap.Vl^)  Ax  Act  to  autiiokize  the  city  of  new  bedfokd  to 
extend  a  pubeic  street  through  the  hathaway 
cemetery. 

Be  it  enacted,  etc.,  as  follows: 

Street  may  be        Section  1.     TliG  city  of  Xew  Bedford  is  hereby  au- 

laidout,  etc.,  ,         •        i  i  "  i  .  -itti  " 

over  Hatha-     tliorized    to    lay    out,    construct    aud    continue    \\  mtnian 

w  3.  V  Cg  ni  6 1  p  r  V 

in  the  city  of" '  strcct,  in,  througli  and  over  the  Hathaway  Cemetery,  so- 
called,  the  same  beini;'  an  ancient  private  place  of  burial 
upon  land  of  the  heirs  of  Ann  H.  Willis,  in  said  city: 
Proviso.  provided,  that  the  assent  of  the  heirs  thereto  is  first  ob- 

tained in  writing  and  tiled  with  the  records  of  the  clerk 
of  said  city. 

Section  2.     This  act  shall  take  effect  u])on  its  jiassage. 
Approved  February  '21 ,  1908. 

Chap.\30  An  Act  relative  to  the  coxtroe  of  public  pleasure 

GROUNDS   IN   THE   CITY  OF   SALEM. 

Be  it  enacted,  etc.,  as  follows: 
Certain  public        Section  1.     The  board  of  park  commissioners  of  the 
grounds  in  city  city   of   Saleiii  sliall   havc   the   same   authority   over   the 

of  Salem  to  be  Vt  i  1      •  •  l       'i.       1  on  \\t-^ 

under  control  puDlic  plcasure  gTouuds  111  said  citv  kiiowii  as  tealem  W  il- 
commissioners.  lows,  Lcdgc  Hill  Park,  and  Liberty  Hill  Park,  which  by 
chapter  twenty-eiglit  of  the  Revised  Laws  is  given  to 
boards  of  park  commissioners  over  public  ])arks  located 
in  accordance  with  the  provisions  of  said  chapter;  but 
said  board  may  permit  any  buildings  or  other  structures 
standing  upon  said  pleasure  grounds  at  the  time  of  the 
taking  effect  of  this  act  to  remain  thereon,  to  be  used  for 
shelter,  refreshments,  amusements,  wharves,  boat  landings, 
boat  houses  and  other  ])urposes,  for  the  accommodation  of 
the  public;  and  may,  from  time  to  time,  permit  other 
buildings  and  structures  to  be  erected  on  said  grounds  to 
Intoxicating      \^p  used  for  said  ])uri)oses.     Every  permit  issued  hereunder 

liquors  not  to  ,  ,1  ,       J  ■.   l  ... 

be  sold  on  shall  be  in  writing,  shall  provide  that  no  intoxicating 
liquors  shall  be  sold  on  the  premises  for  which  the  permit 
is  granted,  and  shall  be  for  such  term,  at  such  rent,  and 
upon   such   conditions    as   said   board,    with   the   approval 

Proviso.  ^^j£  ^|jg  mayor,  may  deem  proper:  provided,  that  nothing 

herein  contained  shall  be  construed  to  affect  any  contract 
or  agreement  entered  into  by  said  board  prior  to  the  tak- 
ing effect  of  this  act.     Section  eleven  of  chapter  twenty- 


Acts,  1908.  — Chap.  131.  97 

eight,  and  section  twenty  of  chapter  tiftv-three  of  the  Certain  pro- 
Revised  Laws  shall  not  apply  to  the  buildings  or  other  not  to  apply, 
structures  aforesaid. 

Section  2.     This  act  shall  take  effect  upon  its  accept-  '^^en  to  take 
ance  by  the  city  council  of  said  city. 

Approved  Fehruanj  27,  lOOS. 


Chcqy.lSl 


Ax  Act  to  authoeize  the  city  of  bkockton  to  make 

AX  ADDITIOXAE  WATER  LOAX. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox"   1.      The  city  of  Brockton,  for  the  purposes  Brockton 
mentioned  in  chapter  one  hundred  and  twenty-four  of  the  iqos^'^    °*°' 
acts  of  the  year  eighteen  hundred  and  seventy-eight,  may 
issue  from  time  to  time  bonds,  notes  or  scrijD  to  an  amount 
not  exceeding  one  hundred  thousand  dollars  in  addition 
to  the  amounts  heretofore  authorized  by  law  to  be  issued 
by  said  city  for  water  works  purposes;  but  the  same  shall  ^"j*'?-^®!": 
not  be  reckoned  in  determining  the  statutory  limit  of  in-  limit- 
debtedness  of  the  city.     Such  bonds,  notes  or  scrip  shall 
bear  on  their  face  the  words,  Brockton  Water  Loan,  1908 ; 
shall  be  payable  at  the  expiration  of  periods  not  exceeding 
thirty  years  from  the  date  of  issue ;   shall  bear  interest, 
payable  semi-annually,  at  a  rate  not  exceeding  four  and 
one  half  per  cent  per  annum ;  and  shall  be  signed  by  the 
treasurer   of  the   city   and   countersigned   by   the   mayor. 
Said  city  may  sell  such  securities  at  public  or  private  sale, 
or  pledge  the  same  for  money  borrowed  for  the  pur|50ses 
of  this   act,  upon  such  terms   and   conditions   as   it  may 
deem  proper:  provided,  that  such  securities  shall  not  be  Provisos, 
sold  for  less  than  the  par  value  thereof;   and  provided, 
further,  that  no  part  of  the  proceeds  of  the  sale  of  said 
notes,  bonds  or  scrip  shall  be  used  in  pa^anent  of  running 
expenses. 

Section  2.  Said  city  shall  at  the  time  of  authorizing  Payment  of 
said  loan  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  five 
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  lias  been  passed, 
a  sum  which,  with  the  income  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  or  scrip  issued  as  aforesaid  by  said  city,  and  to  make 


98 


Acts,  1908.  — Chaps.  132,  133. 


When  to  take 
effect. 


such  payments  on  the  principal  as  may  bo  required  nnder 
the  provisions  of  this  act  shall,  without  further  vote,  be 
assessed  by  the  assessors  of  said  city  in  each  year  there- 
after, 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  said 
loan  is  extinguished. 

Section  3.     This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council  of  said  city. 

Approved  Fehruanj  21: ,  190S. 


Chaj).Vo^  Ax    Act    to    extend    the    time    w^ithin    which    the 

TRUSTEES  OF  BEIDGEWATEB.  AC.\DEMY  MAY  CONVEY  THE 
PROPERTY  OF  SAID  CORPORATION  TO  THE  TOWN  OF 
BRIDGEWATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  four  hundred  and 
nine  of  the  acts  of  the  year  nineteen  hundred  and  seven 
is  hereby  amended  by  striking  out  the  words  "  within  one 
year  after  the  passage  of  this  act ",  in  the  last  line,  and 
inserting  in  place  thereof  the  words :  —  not  later  than  the 
fifteenth  day  of  May  in  the  year  nineteen  hundred  and 
nine,  —  so  as  to  read  as  follows :  —  Section  3.     The  pow- 


1907.  409,  §  3. 
amended. 


Powers  to  be 
exercised  on 
decree  of  the 
superior  court. 


ers  hereby  granted  shall  be  exercised  only  in  conformity 
with  a  decree  of  the  superior  court  sitting  in  ecpiity  for 
the  county  of  Plymouth,  to  be  entered  not  later  than  the 
fifteenth  day  of  May  in  the  year  nineteen  hundred  and 
nine. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  Fehnmry  21,  1908. 


GhapAoo  An  Act  relative  to  the  disposition^  of  certain  horses 

OWNED    BY    CITIES    AND    TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

dise'^Si?orses       Section  1.     Whenever  any  horses  used  in  the  fire  de- 

Cl^'the^cuit'ody  partment,   the  police   department,    the   street   or   sanitary 

of  certain  dej)artment,  or  any  other  department  of  any  city  or  to\\ai 

societies,  etc.     shall,  bv  reasou  of  disability  or  disease,  become  unfit  for 

use    therein,    the    commissioner    or    other    officer    having 

charge  of  such  de]:)artment,  in  cities  with  the  approval  of 

the  mayor,  and  in  to^\^ls  with  the  approval  of  the  select- 


Acts,  1908.  — Chaps.  134,  135.  99 

men,  instead  of  causing  such  horses  to  be  sold,  may  trans- 
fer them  to  the  custody  of  the  charitable  society  incorjjo- 
rated  under  the  name  of  Red  Acre  Farm,  Incorporated,  or 
to  any  other  charitable  society  incorporated  in  this  com- 
monwealth for  the  prevention  of  cruelty  to  animals,  or  for 
the  care  and  protection  of  dumb  animals,  if  the  society 
is  willing  to  accept  the  custody  thereof,  to  be  disposed  of 
in  such  manner  as  the  said  society  may  deem  best :  pro-  Proviso. 
vided,  that  the  society  ujjon  receiving  any  such  horse  shall 
give  a  written  agreement  not  to  sell  the  horse  or  to  let  the 
same  for  hire.  If  any  horse  so  received  shall  thereafter 
be  sold  or  let  for  hire,  the  proceeds  of  such  sale  or  letting 
shall  be  the  property  of  the  city  or  to^vn,  and  custody  of 
the  horse  shall  revert  to  the  city  or  town. 

Sectiox  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  21! ,  190S. 


C/iap.l34 


An   Act   to   authorize   the    coivstructiox    of   three 
bridges  in  the  town  of  mashpee. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Theodore  II.  Tvndale,  his  associates  and  Bridges  may  be 

,  1  ..-"..-.  -  .  ..        constructed    m 

assigns,  are  hereby  authorized  to  build  and  maintain  m  the  town  of 
the  to'UTi  of  Mashpee  a  bridge  across  Mashpee  river  from  '  ^*  ^^^' 
Mashpee  neck  to  the  mainland  lying  westerly  therefrom; 
a  bridge  from  Gooseberry  island  in  Popponessett  bay  to 
the  mainland  Ivino-  westerly  therefrom ;  and  a  bridge  from 
Popponessett  island  to  the  mainland  lying  westerly  there- 
from ;  all  subiect  to  the  provisions  of  chapter  ninety-six  of  Certain  pro- 

■'  »'  J,  X  tj  Vision?*  oi  13.W 

the  Revised  Laws  and  in  accordance  with  such  plans  as  to  apply,  etc. 
may  be  approved  by  the  board  of  harbor  and  land  com- 
missioners. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  Fehruary  27,  190S. 

An  Act  to  include  the  town  of  dana  within  the  HI^q^^  13/5 

FIRST     medical     EXAMINER     DISTRICT     OF     THE     COUNTY  * 

OF    WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Dana  is  hereby  annexed  to  Town  of  Dana 
and  made  a  part  of  the  first  medical  examiner  district  of  fi"st"medicai 
the  county  of  Worcester.  examiner  dis- 

•^  trict  01 

Worcester 
county. 


100 

Repeal. 


Acts,  1908.  — Ch.vp.  136. 

Section  2.  So  much  of  section  two  of  chapter  twenty- 
four  of  the  Revised  Laws  as  is  inconsistent  herewith  is 
hereby  repealed. 

Section  3.  This  act  shall  take  effect  upon  its  passage. 
Approved  February  27,  1908. 


Chcip.lSG  Ajst  Act  to  authorize  the  city  of  lowell  to  take 

LAND  AS  A  SITE  FOE  THE  ERECTION  OF  A  PUBLIC  HALL. 


Land  may  be 
taken  for  erec- 
tion of  a  public 
hall  in  the  city 
of  Lowell. 


Description  of 
land  to  be 
recorded,  etc. 


Damages. 


Proviso. 


City  may  offer 
specified  sum 
as  damages, 
etc. 


Be  it  enacted,  etc.,  as  foUoics: 

Section  1.  The  city  of  Lowell,  by  vote  of  its  city 
council,  may  take  any  land  within  its  limits  not  appropri- 
ated to  public  uses  and  not  exceeding  one  acre  in  area,  as 
a  place  for  the  erection  of  a  public  hall. 

Section  2.  Said  city  shall,  after  such  taking,  file  and 
cause  to  be  recorded  in  the  registry  of  deeds  in  the  north- 
ern district  of  the  county  of  J\Iiddlesex  a  description  of 
the  land  taken,  sufficiently  accurate  for  identification,  with 
a  statement  signed  by  the  mayor  that  said  land  is  taken 
in  the  name  and  behalf  of  said  city  under  the  provisions 
of  this  act,  and  the  title  to  such  land  shall  vest  in  the  city 
from  the  time  of  the  filing  of  said  statement ;  and  the 
filing  thereof  shall  be  sufficient  notice  to  all  persons  that 
the  land  has  so  been  taken. 

Section  8.  Said  city  shall  pay  all  damages  to  prop- 
erty sustained  by  any  person  or  cor]ioration  by  the  taking 
of  any  land  or  })y  any  other  thing  done  by  the  city  under 
authority  hereof.  If  the  city  and  such  person  or  corpora- 
tion cannot  agree  as  to  the  amount  so  to  be  paid,  such 
person  or  corporation  may  file  a  petition  against  the  city 
in  the  superior  court  for  the  county  of  Middlesex  for  a 
jury  to  determine  the  damages ;  and  thereupon  the  same 
])rocoodings  shall  be  had  as  are  ])rovidcd  in  the  case  of 
land  taken  for  the  laying  out  of  highway's:  provided,  that 
no  such  petition  shall  be  filed  after  the  expiration  of  one 
year  from  the  taking  of  such  land  or  the  doing  of  other 
injury  under  authority  of  this  act. 

Section  4.  In  every  case  of  a  petition  for  a  jury  as 
aforesaid,  said  city  may  at  any  time  file  in  court  an  offer 
in  writing  to  pay  the  petitioner  a  sum  therein  specified  as 
damages,  and  if  he  does  not  accept  the  same  within  ten 
davs  after  notice  of  such  offer,  and  does  not  finally  re- 
cover a  greater  sum  than  is  so  offered,  not  including  in- 


Acts,  1908.  — Chap.  137.  101 

terest,  the  city  shall  be  entitled  to  recover  its  costs  from 
the  date  of  filing  the  offer,  and  the  petitioner,  if  he  recov- 
ers damages,  shall  be  entitled  to  costs  only  to  the  said  date. 

Approved  Fehruary  27 ,  190S. 

Ax  Act  to  authorize  the   county  of   Plymouth  to  CJiap.ld7 

ACQUIEE  LAXD  AXD  ERECT  A   HOUSE  OF   CORRECTION   AXD 
OTHER  BUILDINGS  THEREON  IN  THE  TOWN  OF  PLYMOUTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  county  commissioners  of  the  county  House  of  cor- 

*'      rcctioD.   etc. 

of  Plymouth  are  hereby  authorized  and  directed  to  pur-  to  be  erected 
chase  land  in  the  to^vn.  of  Phmiouth  and  to  erect  a  house  Plymouth, 
of  correction  thereon,  with  such  other  buildings  as  may 
be  found  necessary  for  the  convenience  of  the  county  and 
the  safe  keej^ing  of  prisoners. 

Section  2.      In  order  to  meet  the  expenses  incurred  county  com- 

^  .  missioners  may 

under  this  act  said  commissioners  may  borrow  from  time  borrow  money, 

to  time  upon  the  credit  of  the  county  a  sum  not  exceeding 

sixty  thousand   dollars,    in   addition  to   any  imexpended 

balance  of  the  sum  which  was  borrowed  under  authority 

of  chapter  three  hundred  and  seventy-six,  as  amended  by 

chapter  five  hundred  and  sixty-nine,  of  the  acts  of  the 

year  nineteen   hundred   and  seven.      Any  sums   received 

from  the  sale  of  any  real  estate  now  owned  by  the  county 

in  said  town,   and   used  for,   or  in  connection  with^   the 

present  jail  or  house  of  coiTection,  shall  be  used  to  pay 

the  indebtedness  incurred  hereunder. 

Section  3.     To  pav  the  indebtedness  that  may  be  in-  Payment  of 

di  1  S  ,  •  1     1     j>  1   '  xl         indebtedness, 

hereunder,    and   not   provided   lor   as    above,   the 

county  commissioners  may  borrow  upon  the  credit  of  the  County  conr 
county  an  amount  not  exceeding  sixty  thousand  dollars, 
and  may  issue  the  notes  or  bonds  of  the  county  therefor. 
Such  notes  or  bonds  shall  bear  interest,  payable  semi-an- 
nually, at  a  rate  not  exceeding  four  and  one  half  per  cent 
per  annum,  and  shall  be  payable  at  periods  not  exceeding 
twelve  years  from  the  dates  of  issue.  The  county  commis- 
sioners shall  raise  annually  by  taxation  such  amounts  as 
may  be  needed  to  pay  the  interest  on  the  said  securities, 
and  to  make  such  annual  payments  of  the  princijDal,  be- 
ginning with  the  year  nineteen  hundred  and  nine,  as  will 
extinguish  the  debt  within  the  time  above  prescribed. 
Section  4.  This  act  shall  take  effect  upon  its  passage. 
Approved  February  27,  190S. 


missioners  may 
issue  notes  or 
bonds,  etc. 


102 


Acts,  1908.  — Chap.  138. 


Court  house  to 
be  erected  in 
city  of  Fall 
River. 


Description  of 
land  taken  to 
be  recorded, 
etc. 


Chcqy.VdS  Ax  Act  to  authokize  the  county  of  Bristol  to  ac- 
quire LAXD  AND  ERECT  A  COURT  HOUSE  THEREON  IN 
THE   CITY  OF  FALL  RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  comity  commissioners  of  the  county 
of  Bristol  are  hereby  authorized  and  required  to  erect 
and  furnish  in  the  city  of  Fall  River  a  suitable  court 
house  for  the  use  of  the  district,  police  and  juvenile 
courts,  and  for  other  purposes  incidental  thereto. 

Section  2.  Said  county  commissioners  are  hereby 
authorized  and  required  to  take  or  purchase  such  land  as 
they  may  deem  necessary  for  the  aforesaid  purposes ;  and 
they  shall,  within  thirty  days  after  taking  land  under  this 
act,  file  and  cause  to  be  recorded  in  the  registry  of  deeds 
of  Bristol  county  for  the  Fall  River  district,  a  description 
thereof,  as  certain  as  is  required  in  a  common  conveyance 
of  land,  with  a  statement  of  the  purposes  for  which  it  is 
taken,  which  description  and  statement  shall  be  signed  by 
said  commissioners,  or  by  two  of  them,  and  upon  such 
filing  the  title  to  the  land  shall  vest  in  the  county  of 
Bristol. 

Section  3.  All  damages  sustained  by  the  owner  or 
owners  of  land  so  taken  shall  be  paid  by  the  county ;  and 
if  said  commissioners  fail  to  agree  upon  such  damages 
with  the  o^vner  or  o^^^lers,  the  same  shall  be  determined 
in  the  manner  provided  for  determining  damages  in  the 
ease  of  land  taken  for  laying  out  highways,  upon  applica- 
tion therefor  made  within  one  year  after  such  filing. 

Section  4.  In  order  to  meet  the  expenses  incurred 
under  this  act,  said  commissioners  may  borrow  from  time 
to  time  upon  the  credit  of  the  county,  a  sum  not  exceeding 
one  hundred  thousand  dollars,  and  may  issue  notes  or 
bonds  of  the  county  therefor.  Such  notes  or  bonds  shall 
bear  interest,  payable  semi-annually,  at  a  rate  not  exceed- 
ing four  and  one  half  per  cent  per  annum,  and  shall  be 
payable  at  periods  not  exceeding  twelve  years  from  the 
dates  of  issue.  The  county  commissioners  shall  raise  an- 
nually by  taxation  such  amounts  as  may  be  needed  to  pay 
the  interest  on  the  said  securities,  and  to  make  such  an- 
nual payments  of  the  principal,  beginning  with  the  year 


Damages. 


County  com- 
missioners 
may  borrow 
money,  issue 
notes  or  bonds, 
etc. 


Payment  of 
indebtedness. 


Acts,  1908.  — Chai>.  139.  103 

nineteen  hundred  -  and  nine,  as  will  extinguish  the  debt 
within  the  time  above  prescribed. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  27,  190S. 


Chap.139 


Ax  Act  to  ixcobpokate  the  fikst  parish  cemetery 

ASSOCIATION   OF   NORWELL. 

Be  it  enacted,  etc.,  as  follows: 

Section    1.      Horace    T.    Fogg,    Ernest    H.    Sparrell,  cimet^rv  as- 
Ilenrv  A.  Turner,  Joseph  II.  Corthell,  Joseph  F.  Merritt,  sociatiori  of 

(  '1  ^   ^  -*-  ^  ''     Norwell  in- 

William  D.  Turner,  Herbert  E.  Robbins  and  Edwin  A.  corporated. 
Turner,  their  associates  and  successors,  are  hereby  made 
a  corporation  by  the  name  of  the  First  Parish  Cemetery 
Association  of  Xorwell,  for  the  purpose  of  acquiring,  hold- 
ing, maintaining,  improving  and  enlarging  for  a  place  of 
burial  of  the  dead  certain  land  in  said  towm  set  apart  and 
known  as  the  "  First  Parish  Cemetery."  The  said  corpo- 
ration shall  have  all  the  powers  and  privileges,  and  shall 
be  subject  to  all  the  restrictions  and  liabilities  set  forth 
in  all  general  law^s  now  or  hereafter  in  force  applicable 
to  such  corporations. 

Section  2.     The  said  corporation  is  hereby  authorized  ^e^  reai"estate 
to  acquire  possession  and  control   of  said  cemetery,   and  or  personal 
may  purchase  from  time  to  time  and  may  acquire  by  gift, 
bequest,  devise  or  otherwise,  and  may  hold,  so  much  real 
and  personal  property  as  may  be  necessary  or  appropriate 
for  the  purposes  of  said  association :  provided,  that  noth-  Proviso, 
ing  herein  contained  shall  affect  the  individual  rights  of 
proprietors  in  said  cemetery. 

Section  3.  Only  persons  who  now  are  or  who  here-  Membership, 
after  become  proprietors  of  lots  in  the  land  included  in 
said  cemetery,  or  which  may  hereafter  be  included  in  said 
cemetery,  whether  by  deed  or  otherwise,  and  w^ho  shall 
sign  the  by-laws  of  said  corporation,  shall  be  members  of 
the  corporation ;  and  whenever  any  person  shall  cease  to 
be  the  proprietor  of  a  lot,  or  of  an  interest  in  a  lot,  in 
said  cemetery,  he  shall  cease  to  be  a  member  of  the  corpo- 
ration. 

Section  4'.     The  net  proceeds  of  the  sale  of  lots  in  the  Proceeds  of 

.  1      .  ,  sales  of  lots  to 

lands   of  the  corporation   and   all    income   received   from  be  applied  to 

,  \  ^  .  .  ^        1  •    1      •      improvemeDt, 

any  other  source  by  the  corporation,  the  use  oi  which  is  etc. 


104  Acts,  1908.  — Chap.  140. 

not  determined  by  a  trust,  shall  be  applied  exclusively  to 
the  care,  maintenance,  improvement  or  embellishment  of 
its  cemetery  and  the  structures  therein,  or  to  the  purchase 
of  additional  land  for  cemetery  pur|X)ses,  and  to  the  pay- 
ment of  current  and  incidental  expenses  of  the  cemetery, 
and  to  no  other  purpose. 

queTts.'etc'  Sectiox  5.     Said  Corporation  is  authorized  to  take  and 

hold  any  grant,  gift  or  bequest  of  pro})erty  in  trust  given 
or  bequeathed  for  the  care,  protection,  embellishment,  im- 
provement or  extension  of  its  cemetery,  or  for  the  care, 
end3ellishment,  protection  or  improvement  of  any  lot 
therein,  or  for  the  care,  repair,  preservation  or  removal 
of  any  monument,  tomb,  fence  or  other  structure  therein, 
or  for  planting  a  lot  or  its  vicinity  with  trees  or  shrubs ; 
and  when  such  gift  or  bequest  is  made  the  said  corporation 
may  give  to  the  person  making  the  same  or  to  his  repre- 
sentative an  obligation  binding  the  corporation  to  fulfill 
the  terms  of  the  trust. 

Officers,  etc.  Sectiox  6.     Said  corjwration  may  l\v  its  by-laws  pro- 

vide for  such  officers  as  may  be  necessary,  and  define  their 
powers  and  duties,  and  may  also  provide  for  the  care  and 
management  of  the  cemetery  and  for  the  sale  of  lots 
therein,  and  for  the  management  of  any  funds  which  it 
may  hold,  and  for  any  other  matters  incident  to  the  pur- 
poses of  the  corporation. 

Section  7.     Tliis  act  shall  take  effect  upon  its  ])assage. 
A  Improved  Fehruary  27,  190S. 

Chap.X^O  Ax  Act  relative  to  the  ixdebtedxess  of  the  city  of 

XEW   BEDFORD   FOR   RECOXSTRUCTIXG    ITS   EXISTIXG    CITY 
HALL  AS   A   PUBLIC    LIBRARY   BUILDIXG. 

Be  it  enacted,  etc.,  as  follows: 

ime'nded^'  ^  ^'  Sectiox  1.  Scctiou  ouc  of  chapter  three  liundred  and 
fifty-three  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  striking  out  the  words  "  one 
hundred  and  fifty  ",  in  the  sixth  line,  and  inserting  in 
place  thereof  the  words :  —  two  hundred,  —  and  by  in- 
serting after  the  word  ''  four  ",  in  the  thirteenth  line,  the 
words :  —  and  one  half,  —  so  as  to  read  as  follows :  — 
UbTan^LoIn,  Section  1.  The  city  of  Xew  Bedford,  for  the  purpose  of 
Act  of  1907.  repairing,  altering  and  reconstructing  its  existing  city 
hall  so  as  to  adapt  it  for  use  as  a  public  library,  and  for 


Acts,  1908.  — Chap.  141.  105 

the  purpose  of  equipping  the  same  with  the  necessary  fur- 
nishings of  a  public  librarv,  may  incur  indebtedness  to  an 
amount  not  exceeding  two  hundred  thousand  dollars,  and 
may  issue  bonds,  notes  or  scrip  therefor,  to  be  denominated 
on  the  face  thereof,  New  Bedford  Library  Loan,  Act  of 
1907.  Such  bonds,  notes  or  scrip  shall  be  signed  by  the 
treasurer  of  the  city  and  countersigned  by  the  mayor,  shall 
be  payable  at  the  expiration  of  periods  not  exceeding 
twenty  years  from  the  dates  of  issue,  and  shall  bear  in- 
terest at  a  rate  not  exceeding  four  and  one  half  per  cent 
j)er  annum,  and  shall  not  be  reckoned  in  determining  the 
statutory  limit  of  indebtedness  of  the  city.  The  city  may 
sell  such  securities  at  public  or  private  sale  or  pledge  the 
same  for  money  borrowed  for  the  purposes  aforesaid,  upon 
such  terms  and  conditions  as  it  may  deem  proper :  pro-  Proviso. 
vided,  that  they  shall  not  be  sold  or  pledged  for  less  than 
their  par  value. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  21 ,  190S. 

Ax  Act  kelative  to  the  ixdebtedness  of  the  city  of  (7/?«;9.141 

NEW    BEDFORD    FOR    A     BUILDING     FOR     MUNICIPAL     PUR- 
POSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  three  hundred  and  ameiide^d'  ^  ^' 
fifty-two  of  the  acts  of  the   year  nineteen   hundred   and 
seven    is    hereby    amended    by    inserting   after   the    word 
'"•  four  ",  in  the  twelfth  line,  the  words :  —  and  one  half,  — 
so  as  to  read  as  follows :  ^ — Section  1.     The  citv  of  Xew  New  Bedford 

-n     ij"        1      J"         ^1  f  •    •  -it'-  1    Municipal 

jDeaiora,  lor  the  purpose  oi  acquiring  a  suitable  site  and  Building  Loan, 
for  constructing  thereon  a  building  for  municipal  pur- 
poses, and  for  equipping  the  same,  may  incur  indebted- 
ness to  an  amount  not  exceeding  three  hundred  thousand 
dollars,  and  may  issue  bonds,  notes  or  scrip  therefor,  to  be 
denominated  on  the  face  thereof,  !N"ew  Bedford  Municipal 
Building  Loan,  Kci  of  1907.  Such  kmds,  notes  or  scrip 
shall  be  signed  by  the  treasurer  of  the  city  and  counter- 
sigTied  by  the  mayor.  They  shall  be  payable  at  the  ex- 
piration of  periods  not  exceeding  twenty  years  from  the 
dates  of  issue,  shall  bear  interest  at  a  rate  not  exceeding 
four  and  one  half  per  cent  per  annum,  and  shall  not  be 
reckoned  in  determinino-  the  statutorv  limit  of  indebtedness 


106 


Acts,  1908.  —  Chaps.  142,  143. 


Proviso. 


of  the  city.  The  city  may  sell  such  securities  at  public  or 
private  sale  or  pledge  the  same  for  money  borrowed  for 
the  purposes  aforesaid,  upon  such  terms  and  conditions  as 
it  may  deem  proper:  provided,  that  they  shall  not  be  sold 
or  pledged  for  less  than  their  par  value. 

Sections'  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  21 ,  1908. 

Ch(lp.li4:2  An  Act  relative  to  the  care  and  custody  of  public 

DOCUMENTS  BY  CITIES  AND  TOWNS. 


1907,  117,  §  1, 
amended. 


Care  of  public 
documents  bj' 
cities  and 
towns. 


1907,  117,  *§  2, 
amended. 


Custody  and 
control,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  one  hundred  and 
seventeen  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  inserting  after  the  word 
''  place  ",  in  the  second  line,  the  words :  —  or  places,  — 
so  as  to  read  as  follows:  —  Section  1.  Every  city  and 
town  shall  provide  a  suitable  place,  or  places,  to  be  ap- 
proved by  the  commissioner  of  public  records,  for  the 
preservation  and  convenient  use  of  all  books,  reports  and 
laws  received  from  the  commonwealth ;  and  for  every 
month's  neglect  so  to  do  shall  forfeit  ten  dollars. 

Section  2.  Section  two  of  said  chapter  is  hereby 
amended  by  striking  out  the  words  ''  or  person  ",  in  the 
fourth  line,  and  inserting  in  place  thereof  the  Avords :  — 
the  town  counsel  or  other  person  to  have  said  custody  or 
control  either  of  all  or  part  of  the  same,  —  so  as  to  read 
as  follows :  —  Section  2.  Said  books,  reports  and  laws 
shall  be  in  the  custody  or  control  of  the  city  or  town  clerk, 
unless  the  city  council  or  selectmen  shall,  by  vote,  desig- 
nate some  other  officer,  the  town  counsel  or  other  person 
to  have  said  custody  or  control  either  of  all  or  part  of  the 
same. 

Section  3.  This  act  shall  take  effect  upon  its  passage. 
Approved  February  27,  1908. 


Chap.l4:S  An  Act  to  authorize  the  members  of  the  district 

POLICE    TO    CARRY   BADGES   AND   WEAPONS. 

Be  it  enacted,  etc.,  as  follows: 
thSst'ric°/  Section  1.     The  chief  of  the  district  police,  witli  the 

^trvy  ™c^  cer-  approval  of  the  govcmor,  may  authorize  the  members  of 
tain  weapons.    ^]^g  district  poHce  to  havc  in  possession  and  carry  a  badge, 

revolver,  club,  billy,  handcuffs  and  twisters  or  such  other 


Acts,  1908.  — Chaps.  144,  145.  107 

articles  as  may  be  required  in  the  performance  of  their 
official  duties. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  Fehruanj  27,  1908. 

An  Act  relative  to  the  rate  of  interest  on  certain  QJi^i^  144 

WATER  LOAN   BONDS   OF   THE   TOWN   OF   DANVERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  one  hundred  and  1907, 153,  §  1, 

.  Till    ^■nienQea. 

fifty-three  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  striking  out  the  word  "  four  ", 
in  the  fifth  line,  and  inserting  in  place  thereof  the  word : 
—  five,  —  so  as  to  read  as  follows:  —  Section  1.  The  Danvers Water 
town  of  Danvers  is  hereby  authorized  to  issue  notes  or  190"; 
bonds  to  the  amount  of  one  hundred  and  fifty  thousand 
dollars,  payable  at  such  periods,  not  exceeding  thirty  years 
from  the  date  thereof,  and  at  such  rate  of  interest,  not 
exceeding  five  per  cent  per  annum,  and  payable  semi- 
annually, as  the  town  may  determine.  The  said  notes  or 
bonds  shall  be  signed  by  the  treasurer  and  countersigned 
by  the  selectmen  of  the  town,  and  shall  be  denominated 
on  the  face  thereof,  Danvers  Water  Loan,  Act  of  1907. 
The  proceeds  of  the  same  shall  be  used  only  for  construc- 
tion purposes  in  the  water  department  of  the  town,  but 
no  purchaser  of  any  of  the  said  notes  or  bonds  shall  be 
responsible  for  the  application  of  the  proceeds.  The  said 
notes  or  bonds  shall  be  issued  upon  the  condition  that  tlie 
to\vn  may  pay  or  redeem  the  same  at  any  time  after  five 
years  from  the  issue  thereof. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  27,  190S. 


Chcq).14:5 


An  Act  making  appropriations  for  salaries  and  ex- 
penses AT  THE  STATE  INDUSTRIAL  SCHOOL  FOR  GIRLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  hereby  Appropria- 
appropriated,  to  be  paid  out  of  the  treasury  of  the  com- 
monwealth from  the  ordinary  revenue,  for  the  state  in- 
dustrial school  for  girls,  for  the  fiscal  year  ending  on  the 
thirtieth  day  of  Xovember,  nineteen  hundred  and  eight, 
to  wit :  — 


tions. 


108  Acts,  1908.  — Chaps.  U6,  147. 

^choouifr  ^^^'  ^^^®  payment  of  salaries,  a  sum  not  exceeding  twenty- 

giris,  salaries,     five  tlioiisaiid  eigliteen  dollars  and  thirty-seven  cents. 
Expenses.  f  qj.  other  Current  expenses,  a  sum  not  exceeding  thirty- 

two  thousand  three  hundred  and  seventy-five  dollars. 
Sectiox  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  21 ,  1908. 

CliCip.\AQ  Ax  Act  makixg  ax  appeopriatiox  for  the  caee  ajstd 

MAIXTEXAXCE    OF   WELLIXGTOX    BRIDGE   BY    THE    METEO- 
POLITAX    park    COilMISSIOX"^. 

Be  it  enacted,  etc.,  as  follows: 
Care  and  Sectiox  1.     The  suui  of  sixtv-eight  hundred  and  fifty- 

mamtenance  of  ,  '-  .       ~  .  ' 

Wellington  scvcu  dollars  is  hereby  appropriated,  to  be  paid  out  of 
the  Metropolitan  Parks  System,  Wellington  Bridge  Main- 
tenance Fund,  for  the  care  and  maintenance  of  Welling- 
ton bridge,  including  drawtenders,  labor,  lighting,  watering, 
supplies  and  miscellaneous  expenses,  by  the  metropolitan 
park  commission,  for  the  fiscal  year  ending  on  the  thirtieth 
day  of  Xovember,  nineteen  hundred  and  eight,  in  accord- 
ance with  the  provisions  of  chapter  four  hundred  and 
ninety-one  of  the  acts  of  the  year  nineteen  hundred  and 
one. 

Sectiox  2.     This  act  .shall  take  effect  upon  its  passage. 
Approved  February  27,  190S. 

Chap.l4:7  Ax  Act  makix^g  ax  appeopriatiox  foe  the  care  Axd 
maiisttexance  of  the  xax'tasket  beach  RESEEVATIOX'^ 

BY   THE    METROPOLITAX    PARK    COMMISSIOX. 

Be  it  enacted,  etc.,  as  follows: 
Care  and  Sectiox'   1.      The   sum  of  twcntv-thrce   thousand   five 

maintenance  of  •    '      i  i  •  t 

Nantasket         huudrcd  dollars  is  hereby  appropriated,  to  be  paid  out  of 

beach  reser-  -n>       t      "  c^  a-  i  -»r- 

vation.  the  Aictropolitan  larks   System,  Jsantasket  Aiamtenance 

Fund,  for  the  care  and  maintenance  of  the  Xautasket 
beach  reservation  h\  the  metropolitan  park  commission 
during  the  fiscal  year  ending  on  the  thirtieth  day  of  Xo- 
veml)er,  nineteen  hundred  and  eight,  this  amount  to  be 
repaid  to  the  coiumonwealth  by  the  cities  and  towns  in  the 
metropolitan  district,  in  accordance  with  the  provisions  of 
chapter  four  hundred  and  sixty-four  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-nine. 

Sectiox  2.     This  act  shall  take  efi^ect  upon  its  passage. 
Approved  February  27,  1908. 


Acts,  1908.  — Chaps.  1^8,  119.  109 


Ax  Act  to  authoeize  the  board  of  park  commissioners  (JJicm,\4S 

OF    THE    CITY   OF   LOWELL    TO    ESTABLISH    AND    MAINTAIN 
PARKS  AND  PLAYGROUNDS. 

Be  it  enacted,  etc.,  as  folloics: 

Section  1.     The  city  council  of  the  city  of  Lowell  is  Public  parks, 
hereby  authorized  to  appropriate,  and  the  board  of  park  maintained, 
coininissioners  of  said  city  is  hereby  authorized  to  ex}>end  of'^Loweii/ 
money  for  establishing  and  maintaining  public  parks  or 
playgrounds  in  said  city  U}X)n  lands  leased  by,  or  conveyed 
in  trust,  or  otherwise,  to  said  city,  subject  to  the  terms  of 
any  such  conveyance,  but  no  ex|)enditure  shall  be  made  To  be  subject 
and  no  liability  shall  be  incurred  imder  this  act  contrary  vbions^of  law. 
to  the  provisions  of  section  eight  of  chapter  four  hundred 
and  fifteen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-six,  or  contrary  to  other  provisions  in  said  chapter. 

Section  '2.     This  act  shall  take  eifect  upon  its  passage. 
Approved  Fehruari/  27 ,  190S. 

An  Act  relative  to  the  discharge  of  mortgages  of  C]iaB.\4Q 

REAL   estate. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirtv-four  of  chapter  one  hundred  ?•  L-  127. 
and  twenty-seven  of  the  Revised  Laws,  as  affected  by  chai>  amended, 
ter  two  hundred  and  ninety-four  of  the  acts  of  the  year 
nineteen  hundred  and  seven,  is  hereby  amended  by  strik- 
ing out  the  whole  section  and  inserting  in  place  thereof  the 
folloAvine- :  —  Section  3-L     A  mortgage  mav  be  dischar2:ed  Discharge  of 

T  '='  ,  II-  1  •  ^        •     '       1  CI      mortgages. 

by  an  entry  acknowledging  the  satisfaction  tnereoi,  made 
on  the  margin  of  the  record  of  the  mortgage  in  the  registry 
of  deeds  and  sigiied  by  the  mortgagee,  or  by  his  executor, 
administrator  or  assignee,  and  his  signature  witnessed  by 
the  register  of  deeds  or  by  the  assistant  register  of  deeds, 
or  by  some  person  employed  in  the  registry  of  deeds  who 
shall  be  designated  by  the  register  for  that  purpose  by  a 
writing  which  shall  be  recorded  in  said  registry ;  and  such 
entry  shall  have  the  same  effect  as  a  deed  of  release  duly 
acknowledged  and  recorded.  One  of  two  or  more  joint 
holders  of  a  mortgage  mav  so  discharge  it  or  he  mav  dis- 
charge  it  by  a  deed  of  release  duly  acknowledged  and  re- 
corded. A  mortgage  may  also  be  discharged  by  a  written 
acknowledgment   of   jjayment   or  satisfaction   of  the   debt 


110 


Acts,  1908.  — Chaps.  150,  151. 


Repeal. 


1906,  165,  5  1 
etc.,  amended 


thereby  secured,  or  of  the  conditions  therein  contained, 
signed  and  sealed  by  the  mortgagee,  or  by  his  executor, 
administrator  or  assignee.  Such  instrument  shall  have  the 
same  eifect  as  a  deed  of  release  and  shall  be  valid  if  exe- 
cuted by  one  of  two  or  more  joint  holders  of  a  mortgage 
and  may  be  recorded  when  duly  acknowledged,  or  on  proof 
of  its  execution  in  accordance  with  the  provisions  of  sec- 
tions twelve,  thirteen,  fourteen,  fifteen  and  sixteen  of  this 
chapter. 

Sectiox  2.  Chapter  two  hundred  and  ninety-four  of 
the  acts  of  the  year  nineteen  hundred  and  seven  is  hereby 
repealed.  Approved  March  2,  190S. 

(JhajJ.X^O  Ax  Act  to  fuktiiee  pkohibit  expectokatiox  ix  cer- 

TAIX   PUBLIC   PLACES  AXD  COXVEYAXCES. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  one  hundred  and  sixty-five  of  the 
acts  of  the  year  nineteen  hundred  and  six,  as  amended  by 
section  one  of  chapter  four  hundred  and  ten  of  the  acts  of 
the  year  nineteen  hundred  and  seven,  is  hereby  further 
amended  by  striking  out  the  said  section  and  inserting  in 
Expectoration  placc  thereof  the  following:  —  Section  1.  Xo  person  shall 
p"ubho%Taces  cxpectoratc  or  spit  upon  any  public  sidewalk  or  upon  any 
prohibited.  place  used  exclusively  or  principally  by  pedestrians,  or, 
except  in  receptacles  provided  for  the  purpose,  in  or  upon 
any  part  of  any  city  or  to^vii  hall,  any  court  house  or  court 
room,  any  public  library  or  museum,  any  church  or  the- 
atre, any  lecture  or  music  hall,  any  mill  or  factory,  any 
hall  of  any  tenement  building  occupied  by  five  or  more 
families,  any  school  building,  any  ferryboat  or  steamboat, 
any  railroad  car,  except  a  smoking  car,  any  elevated  rail- 
road car,  except  a  smoking  car,  any  street  railway  car,  any 
railroad  or  railway  station  or  waiting  room,  or  on  any 
track,  platform  or  sidewalk  connected  therewith,  and  in- 
cluded within  the  limits  thereof. 

Approved  March  2,  190S. 

Chap.151  Ax  Act  relative  to  pkefereed  claims  against  ixsol- 

VEXT  DOMESTIC   FIRE   IXSUKAXCE   COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 
Preferred  Sectiox  1.     AMicu  a  domcstic  firo  insurance  company, 

whether  stock  or  mutual,  becomes  insolvent,   or  is  unable 


Acts,  1908.  — Chaps.  152,  153.  Ill 

to  pay  in  full  its  liabilities  as  set  forth  in  section  eleven  of 
chapter  five  hundred  and  seventy-six  of  the  acts  of  the  year 
nineteen  hundred   and   seven,   unpaid  losses  arising  from 
the  contingencies  insured  against  by  its  contracts  shall,  in 
the  distribution  of  its  assets,  whether  liquidation  is  effected 
by  a  receiver  or  otherwise,  be  deemed  and  treated  as  pre- 
ferred claims  over  claims  for  return  premiums  on  uncom- . 
pleted  contracts.     But  nothing  in  this  act  shall  impair  the  Certain  obu- 
obligations  now  or  hereafter  imposed  by  law  upon  the  offi-  impaired, 
cers  of  a  mutual  company  to  make  assessments  to  pay  all 
legal  obligations  of  the  company. 

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

Approved  March  2,  190S. 

An  Act  makixg  appropriations  for  salaries  and  ex-  (JhuV'l^'^i 

PEXSES  AT  THE  LYMAN  SCHOOL  FOR  BOYS. 

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  Lyman  school  for  boys, 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  ISTovem- 
ber,  nineteen  hundred  and  eight,  to  wit :  — 

For  the  payment  of  salaries,  a  sum  not  exceeding  thirty-  Lyman  school 
five  thousand  four  hundred  and  sixty-six  dollars.  saLri°e«'' 

For  other  current  expenses,  a  sum  not  exceeding  fifty-  Expenses. 
six  thousand  dollars. 

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

Approved  March  2,  1908. 

An  Act  to  authorize  the  payment  by  special  admin-  (JJian.153 

ISTRATORS  OF  EXPENSES  INCURRED  IN  PROOF  OF  A  WILL 
OR  IN  SUSTAINING  SUCH  PROOF. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,     Section  thirteen  of  chapter  one  hundred  Rl.ist,  §i3, 

.  .       ,  .  ^  amended. 

and  thirty-seven  of  the  Revised  Laws  is  hereby  amended 
by  inserting  after  the  word  "  person  ",  in  the  fourth  line, 
the  words :  • —  or  by  any  other  person  presenting  the  same 
for  probate,  —  so  as  to  read  as  follows:  —  Section  13.     A  ^^-y^^^j  ?.l 

\  .     ,  certam  aebts 

Special  administrator  may  by  leave  of  the  probate  court  ^'^'^  expenses, 
pay  from  the  personal  property  in  his  hands  the  expenses 
of  the  last  sickness  and  funeral  of  the  deceased,  the  ex- 
penses incurred  bv  the  executor  named  in  the  will  of  a 


112  Acts,  1908.  — Chaps.  151,  155. 

deceased  person,  or  bj  any  other  person  presenting  the 
same  for  probate,  in  proving  the  will  in  the  probate  conrt 
or  in  sustaining  the  proof  thereof  in  the  supreme  judicial 
court  and  also,  after  notice,  such  debts  due  from  the  de- 
ceased as  the  probate  court  may  approve. 

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

Approved  March  2,  1908. 

CliCip.\^4i  Ax  Act  to  confirm  the  acceptance  by  the  town  of 

EASTHAMPTON  OF  AN  ACT  PROVIDING  FOR  AN  ADDITIONAL 
WATER  SUPPLY  AND  AN  ADDITIONAL  WATER  LOAN  FOR 

THAT  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

clMitngs^of'the       Section  1.     The  provisions  of  chapter  one  hundred  and 
town  of  East-    niuetv-three  of  the  acts  of  the  year  nineteen  hundred  and 

hampton  con-  •  t'  _  _ 

firmed.  tvvo,  wlierebv  the  town  of  Easthampton  is  authorized  to 

take  an  additional  water  supply,  and  to  make  an  addi- 
tional water  loan,  shall  be  in  full  force  and  eifect,  notwith- 
standing any  informalities  in  the  acceptance  of  the  provi- 
sions of  said  act  by  the  said  town,  or  any  omission  to  send 
notice  of  the  acceptance  to  the  secretary  of  the  common- 
wealth. 

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

Approved  March  2,  190S. 

Cli€tp.\bD  An  Act  to  authorize  the  town  of  hyde  park  to  incur 
additional  indebtedness  for  sewerage  purposes. 

Be  it  enacted,  etc.,  as  follows: 
Town  of  Hyde  Section  1.  The  town  of  Hvde  Park  is  herebv  author- 
addH^onai  [^oA  to  issuc  bouds,  Hotcs  or  scrip  under  the  provisions  oi 
section  nine  of  chapter  two  hundred  and  eighty-seven  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-six,  to 
the  amount  of  one  hundred  thousand  dollars,  in  addition 
to  the  amount  authorized  by  said  section,  and  in  addition 
to  the  amount  authorized  by  chapter  four  hundred  and 
nineteen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-eight. 

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

Approved  March  2,  190S. 


Acts,  1908.  — Chaps.  156,  157.  113 

x\.x  Act  to  exempt  the  Stephen  j.  rtax  camp,  xumbek  (JJkip^IqQ 

SEVEX,    LEGIOX   of    SPAXISII    WAR    VETER-VXS,    FROM    CER- 
TAIN  TAXATIOX. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.     The  real  and  personal  estate  of  tlie  Stephen  Certain  prop- 
J,  Ryan  Camp,  Xnmber  Seven,  of  the  legion  of  Spanish  j^Ryan  Camp^ 
war  veterans,  located  in  the  city  of  Lawrence  and  incor-  iegi'on  o^f ^^^  ^''' 
porated  under  the  laws  of  this  commonwealth  for  the  pur-  vetTrans.TJ^ 
pose  of  owning  property  for  use  and  occupation  by  said  f'^^^tTiation. 
camp,  is  hereby  exempted  from  taxation  to  the  extent  of 
ten  thousand  dollars,  provided  the  property  so  exempted 
is  actually  used  and  occupied  by  said  camp  and  the  net 
income  from  the  property  is  used  for  charitable  purposes 
in  aid  of  needy  members  of  the  camp;  but  it  shall  not 
so  be  exempt  during  any  year  in  which  the  camp  wilfully 
omits  to  deliver  to  the  assessors  of  the  said  city  the  list 
and   statement   required  by   section   forty-one   of  chapter 
twelve  of  the  Revised  Laws.     This  exemption  is  also  made  Subject  to 
subject  to  the  condition  that  the  real  estate  owned  by  said  ditions. 
camp  shall  not  be  used  or  occupied  directly  or  indirectly 
for  any  mercantile,  manufacturing  or  tenement  purposes, 

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

Approved  March  2,  1908. 


CJiajj.lBl 


Ax  Act  to  provide  for  protectixg  the  water  supply 

OF  THE  LEXOX  WATER  COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.     The  Lenox  Water  Company  may,  with  the  The  Lenox 
consent  and  approval  of  the  state  board  of  health,  given  pan^'^nS'^' 
after  due  notice  and  a  hearing,  take,  or  acquire  by  pur-  eerta\^n 'lands, 
chase  or  otherwise,  and  hold  any  lands  and  buildings,  rights  ®*''- 
of  way  and  easements  within  the  watershed  of  said  water 
company's  large  storage  reservoir  in  the  southwesterly  part 
of  the  town  of  Lenox  which  the  company  may  deem  neces- 
sary to  protect  and  preserve  the  purity  of  its  water  supply. 

Sectiox  2.    If  any  lands,  buildings,  rights  or  easements  Description  of 
are  taken  under  authority  hereof,  otherwise  than  by  pur-  bTrecol-d^e'd^'' 
chase,  the  said  company  shall,  within  ninety  days  there- 
after, file  and  cause  to  be  recorded  in  the  registry  of  deeds 
for  the  middle  district  of  the  county  of  Berkshire  in  which 


114 


Acts,  1908.  — Chap.  158. 


Damages. 


Proviso. 


Payment  of 
damages. 


the  lands  lie,  a  description  thereof  sufficiently  accurate  for 
identification,  with  a  statement  of  the  purpose  for  which 
the  same  are  taken,  signed  by  the  president,  clerk,  treas- 
nrer  and  water  commissioners  of  said  company.  Upon  the 
filing  of  said  description  and  statement  the  title  in  fee 
simple  to  the  lands,  buildings,  rights  or  easements  so  taken, 
shall  vest  in  the  company. 

Section  3.  The  Lenox  Water  Company  shall  pay  all 
damages  sustained  by  any  person  or  corporation  by  the  tak- 
ing of  any  lands,  buildings,  rights  or  easements  under  au- 
thority of  this  act;  and,  if  the  parties  cannot  agree  upon 
the  amount  of  the  same,  they  may  be  recovered  in  the  man- 
ner provided  by  law  in  the  case  of  land  taken  for  the  lay- 
ing out  of  highways :  'provided,  that  application  therefor  is 
made  within  two  years  after  the  said  taking. 

Section  4.  All  damages  to  be  paid  by  the  said  company, 
by  reason  of  any  act  done  under  the  authority  of  this  act, 
may  be  paid  out  of  the  proceeds  of  the  sale  of  such  unsold 
stock  and  bonds  as  said  company  has  heretofore  been  au- 
thorized to  issue. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  2,  1908^ 


Chap.l5S  -^^'  -^c-t  to  authorize  the  metropolitan  park  commis- 
sion TO  permit  the  projection  of  eaves,  cornices 
OR  ornaments  of  buildings  beyond  restriction  lines 

AND  over  lands  IN  THE  CARE  AND  CONTROL  OF  SAID 

board. 

Be  it  enacted,  etc.,  as  follows: 

blg^intSTor        Section  1.    The  metropolitan  park  commission  is  hereby 
the  projection    authorized  to  grant  permits  upon  such  terms  and  conditions 

of  eavas,  cor-  .  ~  ^  „  ,  ^  .         .  ^ 

nices.  etc.,  of  as  it  may  deem  proper  lor  the  projection  of  eaves,  cornices 
or  ornaments  of  buildings,  beyond  the  line  of  restriction  or 
setback  established  for  the  benefit  of  the  commonwealth, 
upon  the  land  of  a  private  o^vner  which  abuts  on  lands 
under  the  control  of  said  commission,  and  also  for  the  pro- 
jection of  eaves,  cornices  or  ornaments  of  buildings  over 
land  under  the  control  of  said  commission:  provided,  how- 
ever, that  no  grant  hereunder  shall  be  made  for  any  pro- 
jection of  more  than  three  feet,  nor  for  a  projection  over 
land  of  the  commonwealth  held  or  in  the  ojiinion  of  the 
commission  likely  to  be  required  for  purposes  of  a  park- 


buildings  ad 
joining  certain 
reservations. 


Proviso. 


Acts,  1908.  — Chap.  159.  115 

wav,  boulevard  or  driveway,  at  a  lieight  less  than  thirty  feet 
above  the  grade  which  the  commission  may  determine  as 
that  established  or  likely  to  be  established  as  the  grade  of 
such  parkway,  boulevard  or  driveway  adjacent  to  said  pri- 
vate laiid. 

Section  2.     Xo  person  shall  acquire  any  rights  by  pre-  Rights  not  to 

.     ,.  n  ••  -,         1       "^         •    ^   .       •       he  acquired  by 

scription  or  adverse  possession  m  any  lands  or  rights  m  prescription, 
lands  of  the  commonwealth  under  the  control  of  said  com- 
mission. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  2,  190S. 


etc. 


Chap.l5^ 


An  Act  to  authorize  the  wareiiam  fire  district  to 
protect  its  water  suppey. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  two  of  chapter  one  hundred  and  i907,  its,  §  2, 

1     _  amended. 

seventy-eight  of  the  acts  of  the  year  nineteen  hundred  and 
seven   is   hereby    amended    by    inserting   after   the    word 
"  for  ",   in  the   seventh  line,   the   words :  —  holding   such 
waters  or  protecting  the  same  from  contamination  or  for, 
—  and  by  inserting  after  the  word   "  purposes  ",   in  the 
twelfth  line,  the  words :  —  and  no  lands  necessary  for  pro- 
tecting the  said  waters  as  aforesaid,  —  so  as  to  read  as 
follows :  —  Section  2.     Said  Wareham  Fire  District  for  Wareham  Fire 
the  purposes  aforesaid  may  take  by  jjurchase  or  otherwise,  takeTnd"hoid 
and  hold  the  waters  of  any  stream  or  streams,  ponds  or  strewSs*or  "^ 
any  ground  sources  of  supply,  by  bored  or  driven  wells,  ^°^^'  ^t^. 
in  the  town  of  Wareham,  and  may  also  take  by  purchase 
or  otherwise  and  hold   all  rights  of  way,  easements  and 
lands  in  the  town  of  Wareham  necessary  for  holding  such 
waters  or  protecting  the  same  from  contamination  or  for 
conveying  the  same  to  and  through  said  district:  provided.  Proviso, 
that  said  district  shall  not  have  the  right  hereunder  to  take, 
except  by  purchase,  any  source  or  sources  of  supply  now 
held,  owned  or  used  by  the  Onset  Water  Company.     ]^o 
sources   of  water   supply   for  domestic   purposes,    and  no 
lands  necessary  for  protecting  the  said  waters  as  aforesaid, 
shall  be  taken  under  this  act  without  the  consent  and  ap- 
proval of  the  state  board  of  health.      Said   district  may  May  construct 
construct  on  the  lands  thus  taken  or  acquired  proper  dams,    ^"^' 
buildings,  fixtures  and  other  structures,  and  may  do  such 
other  things  as  may  be  necessary  for  providing  and  main- 


116 


Acts,  1908.  — Chap.  lOO. 


Title  to  land 
taken  to  vest 
in  the  district. 


Certain  pro- 
ceeding of  the 
board  of 
water  com- 
missioners 
confirmed. 


taining  complete  and  effective  \vater  works;  and  for  that 
jDurpose  may  constrnct  wells  and  reservoirs,  and  establish 
pumping  works,  may  constrnct,  lay  and  maintain  aque- 
ducts, conduits,  pipes  and  other  works,  under  and  over 
any  land,  water  courses,  railroads,  railways  and  public  or 
other  ways,  and  along  any  highway  or  other  way  in  the 
town  of  Wareham,  in  such  manner  as  not  unnecessarily  to 
obstruct  the  same ;  and  for  the  purpose  of  constructing, 
laying  and  maintaining  and  repairing  such  aqueducts,  con- 
duits, pipes  and  other  works,  and  for  all  other  purposes  of 
this  act,  said  district  may  dig  up,  raise  and  embank  any 
such  lands,  highways  or  other  ways  in  such  manner  as  to 
cause  the  least  possible  hindrance  to  public  travel ;  but  all 
things  done  upon  such  ways  shall  be  subject  to  the  direc- 
tion of  the  selectmen  of  the  town.  The  title  to  all  land 
taken  or  purchased  under  the  provisions  of  this  act  shall 
vest  in  said  Wareham  Fire  District,  and  the  land  so  taken 
may  be  managed  and  improved  and  controlled  by  the  board 
of  water  commissioners  hereinafter  provided  for,  in  such 
manner  as  they  shall  deem  for  the  best  interests  iif  said 
district. 

Skction  2.  The  taking  expressed  to  have  been  made 
by  the  vote  of  the  board  of  water  commissioners  of  the 
Wareham  Fire  District  passed  on  the  seventeenth  day  of 
January  in  the  year  nineteen  hundred  and  eight  is  hereby 
confirmed.  For  the  purj^ose  of  assessing  damages,  such 
taking  shall  be  deemed  to  have  been  made  on  the  date  of 
the  passage  of  this  act. 

Section  3.     This  act  shall  take  effect  upon  its  i)assage. 

Appro  red  March  S,  190s7 


ChcqJ.lGO  Ax  Act  to  provide  for  the  electiox  of  a  board  of 

LICENSE  COMMISSIONERS  BY  THE  TOWN  OF  MONTAGUE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Montague  shall  elect  at  its 
annual  ]\rarch  meeting  a  license  commission  consisting  of 
three  members,  to  serve  for  the  following  terms :  one  mem- 
ber for  one  year,  one  member  for  two  years  and  one  mem- 
ber for  three  years.  They  shall  hold  office  until  their 
respective  successors  are  elected  and  qualified,  and  there- 
after at  every  annual  March  meeting  one  member  of  said 
board  shall  be  elected  for  the  term  of  three  years.     Any 


License  com- 
mission of  the 
town  of  Mon- 
tague, election, 
terms,  etc. 


Acts,  1908.  — Chap.  IGl.  117 

vacancy  in  said  board  occurring  during  the  year  shall  be  Vacancy, 
filled  by  the  selectmen,  and  the  person  or  persons  so  ap- 
pointed to  fill  such  vacancy  shall  serve  until  the  next  an- 
nual town  meeting. 

Section  2.     No  meml^er  of  the  board  shall  be  engaged  ?^X''lnga"g°ed 
directly  or  indirectly  in  the  manufacture  or  sale  of  intoxi-  e'J(!^^o"'-[f,oxi!!^ 
eating  liquors,  or  hold  any  other  town  oftice.     If  any  mem-  eating  liquors, 
ber  of  the  board  shall  engage  directly  or  indirectly  in  the 
manufacture  or  sale  of  intoxicating  liquors,  his  office  shall 
thereupon  become  vacant.      Each  nieml)er   of   said   board 
shall  have  been  a  resident  of  the  town  of  Montague  for  at 
least  two  years  immediately  preceding  his  election.     Two  Quorum, 
members  of  the  board  shall  be  a  quorum  for  the  transac- 
tion of  business. 

Section  3.  All  licenses  issued  in  the  said  to'svn  for  the  issue  of 
sale  of  intoxicating  liquors,  or  for  innholders  or  common 
victuallers,  shall  be  issued  and  signed  only  by  the  said 
board  of  license  commissioners,  and  shall  be  recorded  in 
their  ofiice ;  and  all  the  powers  and  duties  relating  to  said 
liceiLses,  or  to  the  sale  of  intoxicating  liquors,  now  or  here- 
after vested  in  the  selectmen  of  towns  shall  be  exercised 
and  performed  by  the  said  board. 

Section   4.      The  town  may  appropriate   a   reasonal)le  Compensa- 

(•  J'        i  1  '    I-  /■    -J      1-  •        tion,  expenses, 

sum  ot  money  lor  the  compensation  ol  its  license  commis-  etc. 
sioners,  and  shall  pay  reasonable  expenses  incurred  by  the 
board  for  blank  books,   printing  and  other  necessary  ex- 
penses, approved  by  the  board. 

Section  5.     This  act  shall  be  submitted  to  the  voters  Act  to  be 
of  the  town  of  Montague  at  the  next  annual  town  meeting  voters. 
or  at  a  special  meeting  called  for  the  purpose,  and  if  a 
majority  of  the  voters  voting  thereon   shall   vote  in  the 
affirmative  this  act  shall  take  effect. 

Section  6.     So  much  of  this  act  as  authorizes  its  sub-  when  to  take 
mission  to  the  voters  of  the  town  shall  take  effect  u])on  its 
passage.  Approved  March  3,  190S. 

An  Act  to  enlarge  the  powers  of  the  fkamingham  (Jhnj-t  1  (Jl 

HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Framingham  Hospital  is  hereby  au-  powers  of  the 
thorized  and  empowered,  in  addition  to  the  powers  granted  Ho^phalen'^ 
to  it  in  its  charter,  to  conduct  a  school  for  the  training  of  •^''°®'^'  ®*'=- 


118 


Acts,  1908.  — Chaps.  162,  163. 


nurses,  and  to  grant  diplomas  to  its  graduates ;  and  also 
to  hold  real  and  personal  property  to  an  amount  not  ex- 
ceeding tive  hundred  thousand  dollars,  which  property, 
aud  the  income  derived  from  it,  shall  be  devoted  to  the 
purposes  set  forth  in  its  charter,  and  in  this  act. 

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

Approved  March  3,  1908. 

Chap.lQ2  An  Act  relative  to  the  unlawful  use  of  proxies  to 

VOTE  AT  MEETINGS  OF  MUTUAL  INSURANCE  COMPANIES. 

Be  it  enacted^  etc.,  as  follows: 

Section  one  hundred  and  sixteen  of  chapter  five  hundred 
and  seventy-six  of  the  acts  of  the  year  nineteen  hundred 
and  seven  is  hereby  amended  by  striking  out  the  words 
''  or  agent  ",  in  the  first  line,  so  as  to  read  as  follows:  — 
Section  116.  A  paid  ofiicer  of  a  domestic  mutual  insur- 
ance company  who  asks  for,  receives  or  procures  to  be  ob- 
tained or  uses  a  proxy  to  vote  in  violation  of  the  provisions 
of  section  forty-three  or  section  eighty-two  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  nor  more  than 
three  hundred  dollars  for  each  offence. 

Approved  March  3,  1908. 


1907.  576. 
§  116. 
amended. 


Penalty  for 
unlawful  use 
of  proxy. 


Regulations 
concerning 
changes  of 
names  of 
corporations. 


Chap.163  An  Act  relative  to  the  changing  of  names  of  cor- 
porations. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Every  corporation  organized  under  general 
or  special  laws  of  this  commonwealth,  except  corporations 
subject  to  the  provisions  of  chapter  four  hundred  and 
thirty-seven  of  the  acts  of  the  year  nineteen  hundred  and 
three,  and  acts  in  amendment  thereof  and  in  addition 
thereto,  and  except  corporations  subject  to  the  pro^nsions 
of  chapter  four  hundred  and  sixty-three  of  the  acts  of  the 
year  nineteen  hundred  and  six,  and  acts  in  amendment 
thereof  and  in  addition  thereto,  may  at  a  meeting  duly 
called  for  the  purpose,  by  the  vote  of  two  thirds  of  all  of 
its  stock,  or  if  two  or  more  classes  of  stock  have  been  issued, 
by  two  thirds  of  each  class  of  stock  outstanding  and  en- 
titled to  vote,  or  in  case  such  corporation  has  no  capital 
stock,  by  a  vote  of  two  thirds  of  the  persons  legally  quali- 
fied to  vote  in  meetings  of  the  corporation,  or  by  a  larger 
vote   if  its  agreement  of  association  or  by-laws  shall   so 


Acts,  1908.  — Chap.  164  119 

require,  change  its  name.     Articles  of  amendments  signed 
and  sworn  to  by  the  president,  treasurer  and  a  majority 
of  the  directors  or  other  officers  having  the  powers  of  di- 
rectors, shall  within  thirty  days  after  such  meeting  be  pre- 
pared, setting  forth  such  amendment,  and  stating  that  it 
has  duly  been  adopted  by  the  stockholders.     Such  amend- 
ment shall  be  submitted  to  the  commissioner  of  corpora- 
tions who  shall  examine  it,  and  if  he  linds  that  it  conforms 
to  the  requirements  of  law,  he  shall  so  certify  and  endorse 
his  approval  thereon.     Thereupon  the  secretary  of  the  com-  Notice  of 
monwealth  shall  direct  the  officers  of  the  corporation  to  naml^o^be 
publish  in  such  form  as  he  may  see  fit,  in  a  newspaper  ^"    ^  ^'^' 
published  in  the  county  in  which  the  corporation  has  its 
principal  office  or  place  of  business,  notice  of  such  change 
of  name.     When  the  secretary  of  the   commonwealth   is  certificate  of 
convinced  that  such  notice  has  been  published  as  required  belssueT 
by  him,  he  shall  upon  the  payment  of  a  fee  of  one  dollar 
grant  a  certificate  of  the  name  which  the  corporation  shall 
bear,  which  name  shall  thereafter  be  its  legal  name,  and 
the  secretary  of  the  commonwealth  shall  cause  the  article 
of  amendment  and  the  endorsements  thereon  to  be  recorded 
in  his  office.     In  the  case  of  corporations  which  are  sub-  Approval  of 
ject  to  the  provisions  of  chapter  one  hundred  and  eighteen,  naml.^  ° 
one  hundred  and  nineteen,  and  one  hundred  and  twenty 
of  the  Revised  Laws,  and  of  all  acts  in  amendment  thereof 
and  in  addition  thereto,  the  approval  of  the  insurance  com- 
missioner shall   be   required   before  the   commissioner  of 
corporations  approves  the  article  of  amendment.     Xo  ar-  when  to  take 
tide  of  amendment  changing  the  name  of  any  corporation  ^  ^°^' 
shall  take  eftect  until  it  has  been  filed  in  the  office  of  the 
secretary  of  the  commonwealth  as  aforesaid. 

Section  2.    All  acts  and  parts  of  acts  inconsistent  here-  Repeal, 
with  are  hereby  repealed. 

Section'  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  3,  1908. 

AiST  Act  to  ixcoepoeate  the  Worcester  foresters  of  (JJiq^j  1(34 

AMERICA  BUILDING  ASSOCIATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     John  P.  O'llara,  John  E.  Sullivan,  James  Worcester 
J.  Casev,  Richard  Hoev,  John  B.  Gabourv,  William  Mar-  AmlrierB'uiid- 
tin,  Fred  C.  Butler,  Elmer  IT.  Triber,  Henry  E.  Hilton,  ll^fo^rpoTafed!'' 


120  Acts,  1908.  — Chap.  104. 

Dennis  ]\[ulvaney,  Peter  L.  Denning,  Owen  Grogan,  James 
M.  Malloy,  Martin  Mee,  John  jMcXamara,  John  J.  Mal- 
lov,  Edward  Gnlly,  Napoleon  Lonngsway,  Richard  Brun- 
inghans,  John  C  ]\Ic Donald,  Frank  W.  Mnlvey,  William 
C.  Menanson,  Thomas  McLean,  Lawrence  Bowe,  James 
McGrath,  Frederick  C.  Lamberton,  Daniel  F.  Ilealey, 
Lawrence  Dnnham,  John  J.  Kelley,  Matthew  J.  Riley, 
John  J.  Milan,  Daniel  S.  Moriarty,  Michael  Simons, 
Thomas  Fahey,  John  Hanigan,  William  J.  Karen,  John 
F.  Hanaver,  James  W.  Jones,  Michael  C.  Doran,  Fred 
Yeian,  Joseph  A.  Ilogan,  Bernard  Lynch,  Llenry  Xichols, 
Thomas  Tobin,  Michael  F.  Cnlhane,  John  ]\Ioran,  James 
A.  Quinn,  Charles  AV.  Lynch,  Elmer  Griswold,  John 
Xawn,  William  J.  Whalen,  Hiram  X.  Cody,  Patrick  J. 
Jndge  and  Oliver  Gabonry,  their  associates  and  successors, 
are  hereby  made  a  corporation  by  the  name  of  the  Worces- 
ter Foresters  of  America  Building  Association  in  the  city 
of  Worcester,  for  the  purpose  of  erecting  a  building  in 
the  said  city,  and  maintaining  the  same,  for  the  accommo- 
dation and  purposes  of  the  said  association,  for  lectures, 
and  for  social  and  charitable  purposes;  with  all  the  rights 
and  privileges  and  subject  to  the  restrictions,  duties  and 
liabilities  set  forth  in  all  general  laws  now  or  hereafter 
in  force  applicable  to  such  corporations. 
Membership.  Section  2.     The  abovc  named  persons  shall  continue 

members  of  the  corporation  until  their  successors  shall  be 
chosen,  as  follows :  —  At  the  second  regular  meeting  in 
the  month  of  August  next,  held  by  Court  City  of  Worcester 
Xo.  28,  Court  Damascus  Xo.  29,  Court  Quinsigamond 
Xo.  60,  Court  Thomas  E.  C^^nninghanl  Xo.  68,  Court 
Harmony  Xo.  77,  Court  Heart  of  the  Commonwealth  Xo. 
103,  Court  Frederic  T.  Greenhalge  X^o.  114,  Court  Colonel 
F.  B.  Bogan  Xo.  151,  Knights  of  Sherwood  Forest,  Con- 
clave Xo.  91,  of  the  Foresters  of  America,  of  Worcester, 
each  organization  may  elect  three  members  of  the  corpora- 
tion, one  for  one  year,  one  for  two  years  and  one  for  three 
years;  and  the  said  organizations  may  at  the  second  regu- 
lar meeting  in  the  month  of  August,  annually  thereafter, 
elect  each  a  member  for  the  term  of  three  years.  Any 
other  court  of  the  Foresters  of  America  in  Worcester,  now 
or  hereafter  organized  and  recogniized  by  the  Grand  Court 
Foresters  of  America  of  Massachusetts,  shall  l)e  entitled 
likewise  to  elect  members  of  the  corj^oration  in  the  man- 


Acts,  1908.  — Chap.  165.  121 

ner  above  described,  upon  payment  of  such  sum  of  money 
to  said  coi'i^oration  for  the  purposes  above  mentioned  in 
this  act,  as  said  corporation  shall  by  vote  determine:  pro-  Proviso. 
vidcd,  however,  that  if  any  vacancy  in  the  membership  of 
said  corporation  shall  occur  at  any  time,  by  reason  of 
death,  disability  or  resignation,  the  vacancy  may  be  filled 
by  that  court  or  conclave  of  said  Foresters  of  x\merica 
whose  representation  in  said  corporation  is  thus  made  in- 
complete. 

Section  3.  Said  corporation  shall  have  authority  to  powers  and 
elect  from  its  members  a  board  of  trustees  for  its  govern-  "'^^' 
ment  and  management,  and  to  determine,  by  its  by-laws, 
the  tenure  of  office  of  its  trustees,  and  to  make  rules  and 
regulations  governing  the  same.  Said  board  shall  also 
have  power  to  invest,  re-invest  and  manage  all  gifts,  de- 
vises and  bequests,  and  all  other  funds  of  the  corporation, 
and  to  employ  and  disburse  the  same  for  the  relief  of  dis- 
tressed Foresters  of  America,  their  widows  and  orphans, 
and  for  the  relief  of  any  other  needy  and  destitute  per- 
sons, and  also  for  charitable  purposes,  and  generally,  other- 
wise, for  the  purposes  of  this  act. 

Sectioin-  4,     Said  corporation  may  take,  by  purchase,  May  take,  etc, 
gift,  grant  or  otherwise,  and  hold,  real  and  personal  estate :  sonafes'tate." 
Ijrovided,  lioivever,  that  no  shares  of  stock  shall  be  issued  Proviso, 
and  no  dividends  declared  to  members  of  the  corporation. 

Section  5.  John  C.  McDonald,  William  J.  Karen,  First  meeting. 
John  F.  Hanaver,  or  any  of  them,  are  authorized  to  call 
the  first  meeting  of  the  corporation,  by  notice  sent  by  mail 
post  paid,  to  each  of  their  associates,  appointing  the  time 
and  place  thereof,  seven  days  at  least  before  the  meeting, 
at  which  meeting  the  mode  of  calling  future  meetings  shall 
be  regulated. 

Sectiox  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  5,  190S. 


Chap. 165 


Ax  Act  relative  to  fire  insurance  in  unauthorized 

COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  eighty-eight  of  chapter  five  hundred  and  seventy-  1907, 576,  §  ss, 
six  of  the  acts  of  the  year  nineteen  hundred  and  seven  is  ^'^®'^'^«'^- 
hereby  amended  by  inserting  after  the  word  "  and  '',   in 
the  tenth  line,  the  words :  —  within  five  days  thereafter, 


122  Acts,  1908.  — Ch.vp.  165. 

—  and  by  striking  out  the  word  "  thereof  ",  in  the  twelfth 

line,  and  inserting  in  place  thereof  the  words :  —  of  said 

Insurance  by     affidavit,  —  SO  as  to  read  as  follows :  —  Section  88.     The 

unauthorized        .  .      .  ,■,  -,  .  >• 

companies.  msnrance  commissioner,  upon  the  annual  payment  oi 
twenty  dollars,  may  issue  licenses  to  citizens  of  this  com- 
monwealth, subject  to  revocation  at  any  time,  permitting 
the  person  named  therein  to  procure  policies  of  fire  or 
bombardment  insurance  on  property  in  this  commonwealth 
in  foreign  insurance  companies  not  authorized  to  transact 
business  in  this  commonwealth.  Before  the  jx^rson  named 
in  such  license  shall  procure  any  insurance  in  such  com- 
panies on  any  such  property  he  shall  in  every  case  execute 
and  within  five  days  thereafter  file  with  the  insurance 
commissioner  an  affidavit,  which  shall  have  force  and 
effect  for  one  year  only  from  the  date  of  said  affidavit, 
that  he  is  unable  to  procure,  in  companies  admitted  to  do 
business  as  aforesaid,  the  amount  of  insurance  necessary 
to  protect  said  property,  and  shall  only  procure  insurance 
under  such  license  after  he  has  procured  insurance  in  com- 
panies admitted  to  do  business  as  aforesaid  to  the  full 
amount  which  said  companies  are  willing  to  write  on  said 
property ;  but  such  licensed  person  shall  not  be  required 
to  file  such  affidavit  if  one  relative  to  the  same  property 
has  been  filed  within  the  preceding  twelve  months  by  any 
broker  who  has  been  licensed  as  authorized  by  this  act, 
nor  to  offer  any  portion  of  such  insurance  to  any  com- 
pany which  is  not  possessed  of  cash  assets  amounting  to 
at  least  twenty-five  thousand  dollars,  nor  to  one  which  has 
within  the  preceding  twelve  months  been  in  an  impaired 
condition.  Each  person  so  licensed  shall  keep  a  separate 
account  of  the  business  done  under  the  license,  a  certified 
copy  of  which  account  he  shall  forthwith  file  with  the  in- 
surance commissioner,  showing  the  exact  amount  of  such 
insurance  placed  for  any  person,  firm  or  corporation,  the 
gross  premium  charged  thereon,  the  companies  in  which 
the  same  is  placed,  the  date  of  the  policies  and  the  term 
thereof,  and  also  a  report  in  the  same  detail  of  all  such 
policies  cancelled,  and  the  gross  return  premiums  thereon, 
and  before  receiving  such  license  shall  execute  and  deliver 
to  the  treasurer  and  receiver  general  a  bond  in  the  penal 
sum  of  two  thousand  dollars,  with  such  sureties  as  the 
treasurer  and  receiver  general  shall  approve,  with  a  con- 
dition that  the  licensee  will  faithfully  comply  with  all  the 
requirements  of  this  section,  and  will  annually  file  with 


Acts,  1908.  — Chap.  1(36.  123 

tlie  treasurer  and  receiver  general,  in  January,  a  sworn 
statement  of  the  gross  premiums  charged  for  insurance 
procured  or  placed  and  the  gross  return  premiums  on  such 
insurance  cancelled  under  such  license  during  the  year 
ending  on  the  thirty-first  day  of  December  last  preceding, 
and  at  the  time  of  filing  such  statement  will  pay  into  the 
treasury  of  the  commonwealth  an  amount  equal  to  four 
per  cent  of  such  gross  premiums,  less  such  return  pre- 
miums so  reported.  Approved  March  5,  1908. 


Chap.lQQ 


Ax  Act  relative  to  sueeej^der  options  of  life  insur- 
ance POLICIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  eighty  of  chapter  five  hundred  and  seventy-six  1907. 576,  §  so, 
of  the  acts  of  the  year  nineteen  hundred  and  seven  is  '^'"®°  ^ 
hereby  amended  by  inserting  after  the  word  "  designated  ", 
in  the  thirty-seventh  line,  the  following :  —  But  in  case  of 
an  endowment  policy,  if  the  sum  applicable  to  the  purchase 
of  temporary  insurance  shall  be  more  than  sufHcient  to  con- 
tinue the  insurance  to  the  end  of  the  endoAvmeut  term 
named  in  the  policy,  the  excess  shall  be  used  to  purchase  in 
the  same  manner  non-participating  paid-up  pure  endow- 
ment, payable  at  the  end  of  the  endowment  term  on  the 
same  conditions,  —  so  as  to  read  as  follows :  —  Section  SO.  Options  in  case 
After  three  full  annual  premiums  have  been  paid  on  any  of  policy, 
policy  of  life  or  endo\vment  insurance  issued  by  a  domes- 
tic insurance  company  after  December  thirty-first,  nine- 
teen hundred  and  seven,  the  holder  thereof,  within  thirty 
days  after  any  default  in  the  payment  of  a  subsequent 
premium,  may  elect,  by  a  writing  filed  with  the  company 
at  its  home  office,  (a)  to  surrender  the  policy  and,  with 
the  written  assent  of  the  person  to  whom  it  is  made  pay- 
able, receive  its  value  in  cash,  or  (b)  take  paid-up  insur- 
ance which  shall  be  participating  if  the  policy  is  on  a  par- 
ticipating basis,  payable  at  the  same  time  and  on  the  same 
conditions  as  in  the  original  contract,  or  (c)  have  the  in- 
surance continued  in  force  from  the  anniversary  date  last 
passed  for  its  face  amount  including  any  outstanding  divi- 
dend additions  and  less  any  indebtedness  thereon,  or  se- 
cured thereby,  but  Avithout  the  right  to  loans.  The  cash 
value  shall  be  the  reserve  on  the  policy  at  the  end  of  the 
last  policy  year  for  which  the  premium  was  paid  in  full, 
plus  a  proportionate  part  of  the  increase  in  the  cash  value 


124  Acts,  1908.  — Chap.  1G6. 

?f^iu"rrlnder^^  ^^  ^^^  ^^^  ^^  *^^^  succeediiig  veai*  if  any  instalment  not 
of  policy.  less  than  a  quarterly  instalment  of  the  premium  for  that 

year  has  been  paid,  and  of  any  dividend  additions  thereto, 
computed  on  the  mortality  and  interest  assumption  upon 
which  the  company  elects  to  reserve  as  prescribed  by  the 
laws  of  this  commonwealth,  less  a  surrender  charge  of  not 
more  than  five  per  cent  of  the  present  value  of  the  future 
net  premiums  which  by  its  terms  the  policy  is  exposed  to 
pay  in  case  of  its  continuance,  comjiuted  upon  the  afore- 
said mortality  and  interest  basis,  and  less  any  existing  in- 
debtedness to  the  company  on  the  policy  or  secured  thereby. 
The  company  may  reserve  the  right  to  defer  the  payment 
of  such  cash  value  for  not  exceeding  sixty  days  after  the 
application  therefor  is  made.  The  term  for  which  the 
policy  will  be  continued  or  the  amount  of  the  paid-up 
policy  will  l)e  such  as  the  cash  value  will  purchase  as  a 
net  single  premium  at  attained  age  of  the  insured  accord- 
ing to  the  mortality  and  interest  basis  heretofore  desig- 
nated. But  in  case  of  an  endo'snnent  policy,  if  the  sum 
applicable  to  the  purchase  of  temporary  insurance  shall  be 
more  than  sufficient  to  continue  the  insurance  to  the  end 
of  the  endowanent  term  named  in  the  policy,  the  excess 
shall  be  used  to  purchase  in  the  same  manner  non-partici- 
pating paid-up  pure  endowment,  payable  at  the  end  of  the 
endo^^^nent  term  on  the  same  conditions.  If  the  holder 
shall  not  within  thirty  days  from  default  surrender  the 
policy  to  the  company  for  cash  as  provided  in  option  (a) 
or  elect,  by  a  writing  filed  with  the  company  at  its  home 
office,  to  take  extended  insurance  as  provided  in  option  (c) 
the  insurance  Avill  be  binding  upon  the  company  from  the 
date  of  default  without  any  further  stipulation  or  act  as 
provided  in  option  (b).  The  paid-up  or  extended  insur- 
ance granted  hy  the  terms  of  the  policy  shall  have  a  cash 
value  Avhich  shall  l)e  its  net  value  less  any  indebtedness  to 
the  company  on  account  of  such  policy  or  secured  thereby, 
and  the  holder  thereof  may,  by  giving  a  notice  of  sixty 
days  and  furnishing  to  the  company  the  written  assent  of 
the  person  to  whom  the  policy  is  payable,  claim  and  re- 
ceive in  cash  such  surrender  value  at  the  date  of  the  appli- 
cation therefor. 

Every  such  policy  which  l)y  its  own  terms  has  become 
paid-up  shall  have  a  cash  surrender  value  which  sliall  be 
its  net  value,  less  not  more  than  five  per  cent  of  one  net 


Acts,  1908.  — Chaps.  167,  168.  125 

annual  preniinm  on  a  ten-pavment  life  policv  at  the  acre  Options  in  case 

•I  .  1  1  *■  •      1    ^      "  -I  p      of  surrender 

of  entry  of  the  insured,  and  less  any  indebtedness  to  the  of  policy, 
company  on  such  policy  or  secured  thereby,  and  the  holder 
of  any  such  paid-up  policy  may  surrender  the  same  and 
claim  and  recover  from  the  company  within  sixty  days  of 
the  application  therefor  the  surrender  value  in  cash  upon 
furnishing"  the  company  with  the  written  assent  of  the 
person  to  whom  the  policy  is  payable. 

On  policies  of  prudential  or  industrial  insurance  on 
which  the  j^remiums  are  paid  weekly  and  are  not  more 
than  fifty  cents  each,  the  surrender  value  shall  in  all  cases 
be  payable  in  cash,  which  shall  be  a  legal  claim  for  not 
more  than  two  years  from  the  date  of  lapse  and  be  pay- 
able within  sixty  days  after  the  demand  therefor.  Within 
ninety  days  after  the  lapse  of  any  policy  which  has  a  sur- 
render value  and  upon  which  settlement  has  not  lieen 
made,  the  comj^any  shall  send  a  notice  thereof  to  the  last 
known  address  of  the  holder  of  said  policy,  which  notice 
shall  state  the  amount  of  the  surrender  value  of  said 
policy.  The  affidavit  of  any  officer,  clerk  or  agent  of  the 
company  or  any  one  authorized  to  mail  such  notice,  that 
the  notice  required  herein  has  been  duly  mailed  by  the 
company,  shall  be  presumptive  evidence  that  such  notice 
was  duly  given.  Approved  March  5,  lOOS. 

Ax  Act  relative  to  meetiis^gs  of  the  congeegatioxal  CJiap.167 

SUXDAY   SCHOOL  AND  PUBLISHING  SOCIETY. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.      The   Congregational   Sundav   School   and  l^^f'^F  """^^ 

,  .  .  oo  _  .  _  be  held  in  any 

Publishing  Soeietv  is  herebv  authorized  to  hold  its  meet-  state  or  terri- 

"-  ^  •         '  /•      1         X-     •        1     r-i  1    •        tory.  etc. 

mgs  ill  any  state  or  territory  oi  the  L  iiited  States  and  m 
the  district  of  Columbia. 

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

Approved  March  5,  1908. 

An  Act  to  permit  the  payment  to  the  treasuker  of 

THE  COMMONWEALTH  OF  CERTAIN  :M0NEYS  NOW  DEPOS- 
ITED WITH  THE  REGISTERS  OF  THE  COURTS  OF  INSOL- 
VENCY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     All  moneys  deposited  with  the  registers  of  deto'herwfth 
the  courts  of  insolvency  to  secure  the  payment  of  fees,  and  courts"offn- 


Chcqy.ieS 


126 


Acts,  1908.  — Chap.  169. 


solvency  to  be 
paid  to  the 
treasurer  of 
the  common- 
wealth. 


Payment  of 
claims,  etc. 


in  composition,  remaining  unpaid  to  the  persons  entitled 
thereto,  or  to  their  attorneys,  for  more  than  ten  years  after 
the  date  of  deposit,  may  be  paid  over  to  the  treasurer  and 
receiver  general  of  the  commonwealth.  The  courts  of  in- 
solvency shall  have  full  power  to  regulate  such  payments 
and  to  decree  what  sums  shall  be  ]>aid  and  the  time  of  pay- 
ments thereof.  The  treasurer  and  receiver  general  shall 
give  his  receipt  therefor,  which  shall  be  in  full  discharge 
of  the  register  for  the  same. 

Section  2.  Any  person  asserting  a  right  to  money 
dejx)sited  with  the  treasurer  and  receiver  general  under 
the  provisions  of  the  preceding  section,  may  establish  the 
same  by  petition  to  the  court  of  insolvency  having  juris- 
diction over  the  original  subject-matter,  and  the  treasurer 
and  receiver  general  shall  pay  such  money  in  accordance 
with  the  decree  of  said  court.  Such  sums  as  are  not  so 
paid  within  three  years  after  the  time  of  their  receipt  as 
aforesaid  by  the  treasurer  and  receiver  general  shall  es- 
cheat to  the  commonwealth.     Approved  March  5,  1908. 


Cha20.\Q>^  Ax  Act  relative  to  certificates  of  the  spayixg  of 

DOGS. 


R.  L.  102 
§  130. 
amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  thirty  of  chapter  one  hundred 
and  two  of  the  Revised  Laws  is  hereby  amended  by  add- 
ing at  the  end  thereof  the  following :  —  A  certified  copy 
of  such  certificate  on  file  in  the  otfice  of  any  city  or  town 
clerk  within  the  commonwealth,  may  be  accepted  as  evi- 
dence that  the  said  operation  has  been  performed,  —  so 
Feeforiicen.se.  as  to  read  as  follows :  —  Section  130.  The  fee  for  every 
license  shall  be  two  dollars  for  a  male  dog,  and  five  dollars 
for  a  female  dog,  unless  a  certificate  of  a  competent  per- 
son who  performed  the  operation  has  been  filed  with  the 
city  or  town  clerk  that  said  female  dog  has  been  spayed 
and  has  thereby  been  dei)rived  of  the  power  of  propaga- 
tion, in  which  case  the  fee  shall  be  two  dollars.  A  certi- 
fied copy  of  such  certificate  on  file  in  the  oflice  of  any  city 
or  town  clerk  within  the  commonwealth,  may  be  accepted 
as  evidence  that  the  said  operation  has  been  performed. 

Approved  March  5,  1908. 


Acts,  1908.  — Chap.  170.  127 


Ax  Act  relative  to  licenses  of  insueaxce  agexts.     CJJian  170 

Be  it  enacted,  etc.,  as  follows: 

The  first  paragraph  of  section  ninety-three  of  chapter  i907, 576,  §  93, 
five  hundred  and  seventy-six  of  the  acts  of  the  year  nine-  amended/ 
teen  hnndred  and  seven  is  hereby  amended  by  striking 
out  the  sentence  be<i"iniiing  with  the  words  "  All  such  li- 
censes  ",  in  the  tenth  line,  and  ending  with  the  words  "  to 
act  for  it  ",  in  the  eighteenth  line,  and  inserting  in  place 
thereof  the  following:  —  Unless  revoked  by  the  commis- 
sioner for  non-compliance  with  the  laws,  or  unless  the  com- 
pany by  written  notice  to  said  commissioner  cancels  the 
agent's  authority  to  act  for  it,  such  license  or  renewal 
thereof  shall  expire  on  the  thirtieth  day  of  June  next  after 
its  issue,  but  any  license  may  be  renewed  by  the  company 
from  July  first  on  the  payment  for  such  renewal  of  two 
dollars  on  or  before  the  expiration  thereof,  —  so  that  said 
paragraph  will  read  as  follows :  —  Upon  written  notice  by  License,?  to 
an  authorized  foreigTi  insurance  company  of  its  appoint-  foreign  insur- 
ment  of  a  suitable  person  to  act  as  its  agent  within  this  panies?et"c. 
commonwealth,  and  the  payment  of  two  dollars,  the  in- 
surance commissioner  shall,  if  the  facts  warrant  it,  grant 
to  such  person  a  license,  which  shall  state  in  substance 
that  the  company  is  authorized  to  do  business  in  this  com- 
monwealth and  that  the  person  named  therein  is  a  consti- 
tuted agent  of  the  company  for  the  transaction  of  such 
business  as  it  is  authorized  to  do  in  this  commonwealth. 
Unless  revoked  by  the  commissioner  for  non-compliance 
with  the  laws,  or  unless  the  company  by  written  notice  to 
said  commissioner  cancels  the  agent's  authority  to  act  for 
it,  such  license  or  renewal  thereof  shall  expire  on  the  thir- 
tieth day  of  June  next  after  its  issue,  but  any  license  may 
be  renewed  by  the  company  from  July  first  on  the  pay- 
ment for  such  renewal  of  two  dollars  on  or  before  the  ex- 
piration thereof.  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.  Approved  March  5,  190S. 


128 


Acts,  190S.  — Chaps.  171,  172,  173. 


Appropria- 
tions. 


Cli(Xp.Yi\  Ax  Act  making  appropriations  for  the  board  of  reg- 
istration IN  veterinary  medicine. 

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  or<linarv  revenue,  for  the  board  of  regis^tration 
in  veterinary  medicine,  for  the  fiscal  year  ending  on  the 
thirtieth  day  of  Xovember,  nineteen  hundred  and  eight, 
to  wit :  — 

For  the  salaries  of  the  meml)ers  of  the  board,  a  sum  not 
exceeding  six  hundred  dollars. 

For  travelling  and  other  expenses  of  the  meml)ers  of 
the  board,  a  sum  not  exceeding  six  hundred  and  tifty  dol- 
lars. 

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

Approved  March  5,  1908. 


Board  of  reg- 
istration in 
veterinary 
medicine, 
salaries. 
Expenses. 


Certain  private 
way  in  the  city 
of  Haverhill 
discontinued. 


Chap.172  An  Act  relative  to  the  discontinuance  of  a  part  of 

LOWELL  AVENUE,   A   HIGHWAY  IN   HAVERHILL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  That  part  of  Lowell  avenue  in  the  city  of 
Haverhill  bounded  and  described  as  follows,  namely :  — 
A  certain  private  way  about  twenty-five  feet  wide,  form- 
erly called  the  Old  Town  Way,  running  from  Lowell  ave- 
nue to  the  state  highway,  a  short  distance  westerly  from 
Creek  brook  and  bounded  on  the  east  by  land  of  Frank 
X.  Eand  and  George  II.  Mansur,  and  on  the  west  by  land 
of  Frank  E.  McLain,  Albert  J.  Sanville  and  Frank  X. 
Eand,  is  hereby  discontinued. 

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

Approved  March  5,  190S. 


Chcqj.llS  An  Act  to  provide  that  assistant  registers  of  courts 

SHALL  ANNUALLY  RECEIVE  A  COPY  OF  THE  BLUE  BOOK. 

Be  it  enacted,  etc.,  as  follows: 

Assistant  reg-         Assistant  registers  of  the  judicial  courts  shall  annually 
to^-^ceK-e'^TOpy  rcccivc  a  copy  of  the  volume  provided  for  by  section  one 
of  blue  book.     ^^  chapter  nine  of  the  Revised  Laws  and  known  as  the 
blue  book.  Approved  March  5,  1908. 


Acts,  1908.  — Chaps.  174,  175.  129 


An  Act  relative  to  the  investment  of  the  minis-  Chap.174: 

TERIAL  FUND  OF  THE  SOUTH  PARISH  IN  ANDOVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Trustees  of  the  ]\[inisterial  Fund  in  investment  of 
the  South  Parish  in  Andover,  created  by  chapter  forty- 
eight  of  the  acts  of  the  year  eighteen  hundred  and  ten, 
approved  February  sixteenth,  eighteen  hundred  and  ten, 
are  hereby  authorized  to  invest  the  funds  of  the  corpora- 
tion in  any  securities  in  which  the  savings  banks  of  the 
commonwealth  are  now,  or  shall  hereafter  be,  authorized 
to  invest. 

Section  2.     So  much  of  the  said  chapter  forty-eight  as  Repeal, 
is  inconsistent  herewith  is  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  5,  1908. 

An  Act  to  incorporate  the  cathedral  church  of  the  (JJian.Vi^ 

DIOCESE  OF  MASSACHUSETTS. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     William  Lawrence,   Daniel  Dulaney  Ad-  Jhur^^'of^he^ 
dison,   Samuel  Gavitt  Babcock,   Edward   Staples  Drown,  Diocese  of  Mas- 
Alexander  Mann,  Philo  Woodruff  Sprague,  Leonard  Kipp  corporated. 
Storrs,   Charles   Tileston  Whittemore,    E.   Pierson  Beebe, 
Llarry  Burnett,   Charles  F.   Choate,   Francis  W.   Hunne- 
well,   Charles  Henry  Parker,   Charles   G.   Saunders   and 
Grant  Walker,  their  associates  and  successors,  who  shall 
be    appointed    or    elected    as    hereinafter    prescribed,    are 
hereby  made  a  corporation  by  the  name  of  The  Cathedral 
Church  of  the  Diocese  of  Massachusetts,  with  all  the  pow- 
ers and  privileges  and  subject  to  all  the  duties,  restrictions 
and  liabilities  set  forth  in  all  general  laws  now  or  here- 
after in  force  relating  to  charitable  corporations,  so  far 
as  the  same  are  applicable. 

Section  2.      The  obiect  of  the   said  corporation   shall  Object  of 

•'.  .  ^,  corporation. 

be  the  establishment,  erection,  maintenance,  and  manage- 
ment in  accordance  with  the  doctrine,  discipline,  and  wor- 
ship of  the  Protestant  Episcopal  Church  in  the  United 
States  of  America,  of  a  cathedral  church  and  its  appurte- 
nances in  the  city  of  Boston,  and  of  such  incidental 
foundations,    schools,    faculties,    and   other    religious    and 


130 


Acts,  1908.  — Chap.  175. 


Mav  hold,  etc., 
real  and  per- 
sonal estate. 


Membership. 


Proviso. 


Powers  and 
duties. 


Proviso. 


olijiritnhlo  works  as  may  properly  bo  connocted  with  such 
eatlietlral  in  and  for  the  diocese  of  which  the  city  of  Bos- 
ton is  a  part. 

Section  3.  The  said  corporation  shall  have  power  to 
receive,  hold  and  manage  all  pr()[)erty  devised  and  be- 
qiieathtHl  by  Mary  Sophia  Walker,  late  of  Waltham,  county 
of  Middlesex,  for  the  purpose  of  building,  establishing  and 
maintaining  a  cathedral  church,  and  to  carry  out  the  trust 
for  such  ])urpose  set  forth  in  the  will  and  codicils  of  the 
said  j\lary  Sophia  Walker,  and  shall  have  further  power 
to  actjuire  by  purchase,  gift,  grant,  devise  or  bequest,  and 
to  hold  in  trust  or  otherwise,  any  other  estate  ov  ]>roperty, 
real  or  personal,  necessary  or  proper  for  any  of  the  objects 
of  the  said  corjwration,  and  to  sell,  convey,  or  otherwise 
dispose  of  any  property  held  by  it.  The  said  corporation 
shall  have  power,  at  a  meeting  duly  called  for  the  pur- 
pose, to  change  the  name  of  the  corporation. 

Section  4.  The  persons  named  in  the  first  section  of 
this  act  shall  be,  and  are  hereby  constituted  the  first  mem- 
bers of  said  corporation,  and  they  shall  hold  office  and 
have  power  to  fill  vacancies  in  their  number  until  their 
successors  shall  be  appointed  or  elected  and  qualified,  under 
the  constitution  to  be  adopted  as  hereinafter  prescribed : 
provided,  however,  that  the  bishop  of  the  said  Protestant 
Episcopal  Church  of  the  diocese  in  which  the  said  cathe- 
dral shall  be  situated,  exercising  jurisdiction  as  such  for 
the  time  being,  shall  be  ex  officio  a  member  and  the  official 
head  and  presiding  officer  of  the  said  corporation. 

Section  5.  The  said  corporation  shall  have  power  to 
adopt  a  constitution,  which  shall  ])rescribe  the  number  of 
members  of  the  corporation  other  than  the  said  bishop,  and 
the  mode  of  electing  or  appointing  such  members  and  their 
powers  and  duties,  and  from  time  to  time  to  amend  or  to 
repeal  the  same.  The  corporation  shall  also  have  power 
to  adopt  statutes  not  inconsistent  with  said  constitution, 
and  from  time  to  time  to  amend  or  to  repeal  the  same. 
Such  statutes  shall  provide  for  the  management  and  ad- 
ministration of  the  business,  ju-ojierty  and  affairs  of  the 
corporation,  and  for  maintaining  the  worshiji  and  carry- 
ing on  tii(>  work  of  the  cathedral.  The  constitution  shall 
determine  how  and  upon  what  notice  it  may  be  amended 
or  repealed,  and  also  how  and  upon  what  notice  the  said 
statutes  may  be  adopted,  amended  or  repealed:  provided. 


Acts,  1908.  — Chaps.  176,  177.  131 

however,  that  the  constitution  and  statutes,  and  any  amend- 
ments thereof,  shall  not  be  inconsistent  with  this  act  or 
with  any  law  of  the  commonwealth. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  5,  1908. 


Chap.176 


An  Act  rei>ative  to  the  use  of  stage  fort  park  in 

THE   city  of  GLOUCESTER. 

Br  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  council  of  the  city  of  Gloucester,  stage  Fort 
with  the  approval  of  the  mayor  and  park  commissioners,  cioucMter 
is  hereljy  authorized  to  grant  the  use  of  Stage  Fort  park  fl^r  pubuTen- 
in  Gloucester  to  such  persons  and  upon  such  terms  as  it  tertamments, 
may  deem  proj^er,  for  purposes  of  public  entertainment, 
or  for  such  other  like  purposes  as  it  may  deem  expedient, 
and  may  authorize  such   persons  to  charge  admission  or 
other  fees  for  such  public  entertainments. 

Section  2.     jSTothing  in  this  act  shall  be  construed  to  intoxicating 
permit  the  sale  of  intoxicating  liquors.  be"oid."°^  *° 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  5,  1908. 

An  Act  relative  to  exceptions  in  the  supreme  judi-  /^a^^^  177 

CIAE  AND  superior  COURTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  If  in  any  civil  action  tried  before  a  jury  Exceptions  in 
in  the  supreme  judicial  court  or  superior  court  a  bill  of  judicmi'^and 
exceptions  which  has  duly  been  filed  is  not  allowed  by  the  superior  courts, 
presiding  justice  within  three  months  after  the  date  of 
the  verdict  therein,  because  the  same  is  not  found  by  the 
presiding  justice  to  be  conformable  to  the  truth,  or  is  not 
found  to  state  the  facts  and  evidence  in  the  case  correctly 
and  fully,  the  presiding  justice  may  in  his  discretion  re- 
serve the  case  and  send  to  the  supreme  judicial  court  for 
the  commonwealth  the  whole  record  of  the  case,  including 
the  pleadings  and  the  evidence  taken  by  the  official  stenog- 
rapher and  written  out  from  his  notes,  and  certified  by 
him  to  have  been  so  taken  and  written  out.  Said  record 
shall  be  accompanied  by  the  certificate  of  the  presiding 
justice  that  the  same  is  a  true  copy  of  the  record  and  pro- 
ceedings in  said  case  and  shall  be  entered  in  the  supreme 


132 


Acts,  1908.  — Chaps.  178,  179. 


Proviso, 


Certain  pro- 
visions of  law 
to  apply. 


jiulieial  court  for  the  commonwealth;  and  th('roii|X)n  said 
record  so  made  and  certified  shall  stand  in  lieu  of  a  bill 
of  exceptions  in  all  respects,  and  the  questions  raised  hy 
the  exceptions  in  said  cause  shall  be  heard  and  determined 
by  the  full  court  on  such  record:  provided,  that  so  much 
of  said  record,  if  any,  as  shall  be  immaterial  to  the  issue 
may  be  omitted.  In  case  of  the  disability  or  death  of  the 
presiding  justice,  any  justice  of  the  same  court  may  exer- 
cise the  powers  herein  conferred.  The  expense  of  tran- 
scribing the  stenographer's  notes  and  of  co])ying  exhibits 
shall  be  borne  by  the  excepting  party,  and  if  he  shall  pre- 
vail the  same  shall  be  taxed  in  his  costs.  All  provisions 
of  law  relating  to  bills  of  exceptions,  so  far  as  they  may 
be  applicable,  shall  apply  to  proceedings  under  this  act. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  5,  1908. 

Chcip.Vi8  An  Act  relative  to  advances  to  disbursing  officers 

OF  certain  state  institutions. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  four  hundred  and  sixty-six  of  the 
acts  of  the  year  nineteen  hundred  and  seven  is  hereby 
amended  by  striking  out  section  one  and  inserting  in  place 
thereof  the  following:  —  Section  1.  Officers  who  are  au- 
thorized to  ex|x>nd  money  in  behalf  of  the  commonwealth 
may  have  money  advanced  to  them  from  the  treasury  not 
exceeding  at  any  one  time  the  following  amounts :  —  The 
warden  of  the  state  prison,  three  thousand  dollars;  the' 
superintendent  of  the  Massachusetts  reformatory,  three 
thousand  dollars ;  the  superintendent  of  the  state  farm, 
three  thousand  dollars ;  the  superintendent  of  the  state 
hospital,  three  thousand  dollars;  and  the  su])erintendent  of 
the  reformatory  prison  for  women,  two  thousand  dollars. 

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

Approved  March  6,  1908. 

Chap.179  An  Act  to  provide  for  the  retirement  of  judges  of 

THE  LAND  COURT. 

Be  it  enacted,  etc.,  as  follows: 
R.  L.  158,  §10.       Section   ten  of  chapter  one  hundred   and   fiftv-eight  of 

amended.  it-.-it  -i  i  iii         •  '-i* 

the  Keviscd    l^aws  is   herehy   amended    by  inserting  alter 
the  word  '^  court  ",  in  the  first  line,  the  words:  —  or  of  the 


1907.  466,  §   1, 
amended. 


Advances  of 
money  to  be 
made  to  offi- 
cers of  certain 
institutions. 


Acts,  1908.  —  Ciiaps.  180,  18l.  l33 

land  court,  —  and  by  striking  out  the  words  "  either  or 
both  ",  in  the  second  line,  and  inserting  in  place  thereof 
the  words :  —  any  or  all,  —  so  as  to  read  as  follows :  — 
Section  10.  A  justice  of  either  court,  or  of  the  land  j^stSo"^ge. 
court,  who,  having  attained  the  age  of  seventy  years  and 
having  served  in  any  or  all  of  said  courts  for  at  least  ten 
consecutive  years,  resigns  his  office  shall,  during  the  re- 
mainder of  his  life,  receive  an  amount  equal  to  three 
fourths  of  the  salary  which  is  by  law  payable  to  him  at 
the  time  of  his  resignation,  to  be  paid  by  the  common- 
wealth in  the  same  mamier  as  the  salaries  of  justices  of 
said  courts  are  paid.  Approved  March  6,  1908. 

An  Act  relative  to  changes  in  officers  of  business  Chaj^.lSO 

CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.      Section  one  of  chapter  two  hundred  and  amended.'  ^  ^' 
eighty-two  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  inserting  after  the  words  "  do- 
mestic corporation  ",  in  the  second  line,  the  words :  —  sub- 
ject to  the  provisions  of  chapter  four  hundred  and  thirty- 
seven  of  the  acts  of  the  year  nineteen  hundred  and  three, 
—  so  as  to  read  as  follows:  —  Section  1.     Whenever  any  Certificate  of 
change  is  made  in  the  officers  of  a  domestic  corporation  officers  of  do- 
subject   to   the   provisions   of   chapter   four    hundred   and  tions'to'^bTfiiTd 
thirty-seven  of  the  acts  of  the  year  nineteen  hundred  and  missioner'^of"'' 
three  the  corporation  shall  forthwith  tile  in  the  office  of  the  'corporations, 
commissioner  of  corporations  a  certificate  of  such  change, 
signed  and  sworn  to  by  the  president,  clerk  and  a  majority 
of  its  directors. 

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

Approved  March  6,  1908. 

An  Act  relative  to  instruction  in  the  public  schools  Chap.lSl 

AS   TO   tuberculosis  AND  ITS  PREVENTION. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  fortj^-two  of  the  Revised  Laws  R.  l.  42  §  i, 
is  hereby  amended  by  inserting  after  the  word  "  system  ", 
in  the  thirteenth  line,  the  words :  —  and  as  to  tuberculosis 
and  its  prevention,  • —  so  as  to  read  as  follows :  —  Section  Public  sehook. 
1.    Every  city  and  town  shall  maintain,  for  at  least  thirty- 
two  weeks  in  each  year,  a  sufficient  number  of  schools  for 


134  Acts,  1908.  — Chap.  182. 

the  instrnction  of  all  the  children  who  may  legally  attend 
a  ])ul)lic  school  therein,  exce])t  that  in  towns  whose  assessed 
valuation  is  less  than  two  Inindrod  thousand  dollars,  the 
r(M[uired  })eriod  may,  with  the  consent  of  the  board  of  edn- 
^^ught"^"  cation,   be  reduced  to  twenty-eight  weeks.      Such   schools 

shall  be  tanglit  by  teachers  of  comjjetent  ability  and  good 
morals,  and  shall  give  instrnction  in  orthogra])hy,  reading, 
writing,  the  English  langnage  and  grammar,  geography, 
arithmetic,  drawing,  the  history  of  the  United  States,  phys- 
iology and  hygiene,  and  good  behavior.  In  each  of  the 
subjects  of  physiology  and  hygiene,  special  instrnction  as 
to  the  effects  of  alcoholic  drinks  and  of  stimulants  and  nar- 
cotics on  the  human  system,  and  as  to  tuljerculosis  and  its 
prevention,  shall  be  taught  as  a  regular  l)ranch  of  study 
to  all  pupils  in  all  schools  which  are  supported  wholly  or 
partly  by  public  money,  except  schools  which  are  main- 
tained solely  for  instruction  in  particular  branches.  Book- 
keeping, algebra,  geometry,  one  or  more  foreign  languages, 
the  elements  of  the  natural  sciences,  kindergarten  training, 
manual  training,  agriculture,  sewing,  cooking,  vocal  music, 
physical  training,  civil  government,  ethics  and  such  other 
subjects  as  the  school  committee  consider  expedient  may 
be  taught  in  the  public  schools. 

Approved  March  G,  1908. 

CJiapASI  An   Act   to   provide   that   in   cities   of  twenty-five 

THOUSAND  inhabitants  OR  MORE  DOG  OFFICERS  SHALL 
BE  PAID  AT  THE  SAME  RATE  AS  REGULAR  POLICE  OFFI- 
CERS. 

Be  it  enacted,  etc.,  as  follows: 

fus^et'c'  Section  one  hundred  and  forty-three  of  chapter  one  h un- 

amended.'  dn^l  and  two  of  the  Revised  Laws,  as  amended  by  sec- 
tion one  of  chapter  two  hundred  and  forty  of  the  acts  of 
the  year  nineteen  hundred  and  seven,  is  hereby  further 
amended  by  inserting  after  the  word  "  destroyed  ",  in  the 
fifteenth  line,  the  words:  —  except  that  in  cities  of  twenty- 
five  thousand  iidiabitnnts,  or  more,  they  shall  be  j)aid  the 
same  wages  i)er  diem  during  the  term  of  their  em])loyment 
which  the  regnilar  })olice  otficers  of  such  cities  receive,  — 
Unlicensed  SO  as  to  read  as  follows:  —  Section  IJfS.  The  mayor  of 
kK^eu;^  each  city  and  the  chairman  of  the  selectmen  of  each  town 
shall  annually,  within  ten  days  after  the  first  day  of  J  uly, 


Acts,  1908.  — Chap.  183.  135 

issue  a  warrant  to  one  or  more  police  officers  or  constables, 
who  shall  hold  office  for  one  year  or  until  his  or  their  suc- 
cessor or  successors  are  appointed  and  qualified,  directing 
tbeni  forth^\^th  to  kill  or  cause  to  be  killed  all  dogs  within 
such  city  or  to^^^l  which  are  not  licensed  and  collared  ac- 
cording to  the  provisions  of  this  chapter,  and  to  enter  coni- 
])laint  against  the  owners  or  keepers  thereof ;  and  any  per- 
son may,  and  every  police  officer  and  constable  shall,  kill 
or  cause  to  be  killed  all  such  dogs  whenever  or  wherever 
found.  Such  officers,  other  than  those  employed  under 
regular  pay,  shall  receive  from  the  treasurers  of  their  re- 
sjDcctive  counties  one  dollar  for  each  dog  so  destroyed ;  ex- 
cept that  in  cities  of  twenty-five  thousand  inhabitants,  or 
more,  they  shall  be  paid  the  same  wages  per  diem  during 
the  term  of  their  employment  which  the  regular  police 
officers  of  such  cities  receive ;  but  in  the  county  of  Suffolk, 
they  shall  receive  it  from  the  treasurers  of  their  respective 
cities  or  towns.  Bills  for  such  services  shall  be  approved  bnb™^''*^^ 
by  the  mayor  of  the  city  or  chairman  of  the  selectmen  of 
the  town  in  which  said  dogs  are  destroyed,  and  shall  be 
paid  from  moneys  received  under  the  provisions  of  this 
chapter  relating  to  dogs.  Approved  March  6,  1908. 

An  Act  relative  to  the  construction  of  the  dike  (J/iap.l83 

ACROSS  HERRING  RIVER  IN  THE  TOWN  OF  WELLFLEET. 

Be  it  enacted,  etc.,  a,s  fuUows: 

Section  1.     Chapter  five  hundred  and  eleven  of  the  acts  i907  sii,  §  2, 
of  the  year  nineteen  hundred  and  seven  is  hereby  amended 
by  striking  out  section  two  and  inserting  in  place  thereof 
the  following:  —  Section  2.     The  board  of  harbor  and  land  Expenditure, 
commissioners  may  expend  for  the  construction  of  said  dike 
and   fishway,   the  sum  of  ten  thousand   dollars  from  the 
treasury  of  the  commonwealth,  in  addition  to  the  sum  of 
ten  thousand  dollars  to  be  contributed  toward  said  construc- 
tion l)v  the  town  of  Wellfieet,  if  this  act  is  accepted  by 
said  town  in  the  manner  hereinafter  provided:  provided,  proviso. 
however,  that  no  work  shall  be  done  and  no  money  shall 
be  spent  under  the  provisions  of  this  act  by  the  board  of 
harbor  and  land  commissioners  until  said  sum  of  ten  thou- 
sand dollars  has  been  paid  by  said  towni  into  the  treasury 
of  the   commonwealth.      Said   sum   may  be   borrow'ed    by  issue  of  notes 
said  town  outside  its  statutorv  limit  of  indebtednes.s :  and  ""■  ^°»'^- 


13G 


Acts,  1908.  — Chap.  183. 


Certain  pro- 
visions of  law 
to  apply.' 


Repeal. 


When  to  take 
effect. 


for  this  purpose  the  town  may  issue  notes  or  bonds  to  the 
said  amount.  Such  notes  or  bonds  shall  be  signed  by  the 
treasurer  and  countersigned  by  the  selectmen  of  the  town; 
shall  bear  interest,  payable  semi-annually,  at  a  rate  not  ex- 
ceeding five  per  cent  per  annum,  and  shall  be  payable  in 
such  annual  proportionate  payments  as  will  extinguish  the 
same  with  interest  in  not  more  than  twenty  years  after  the 
date  or  dates  of  issue.  All  damages  to  land  or  any  inter- 
est therein,  sustained  by  any  person  or  corporation  by  the 
building  of  said  dike  under  this  act  shall  be  i)aid  by  the 
town  of  Wellfleet,  and  such  person  or  corporation  may  have 
such  damages  assessed  by  a  jury  of  the  superior  court  in 
the  manner  provided  by  law  with  respect  to  damages  sus- 
tained by  the  laying  out  of  ways.  The  vote  thereon  shall 
be  taken  by  written  or  printed  ballot,  and  the  check  list 
shall  be  used. 

Section  2.  The  provisions  in  regard  to  ditches  and 
structures  incident  to  the  building  of  said  dike,  contained 
in  section  one  of  said  chapter  five  hundred  and  eleven, 
shall  include  the  right  to  dig  such  ditches  or  to  erect  such 
structures  wherever  they  may  be  deemed  necessary  by  the 
harbor  and  land  commissioners,  along  the  course  of  said 
Herring  river  or  any  tributary  thereof,  and  the  provisions 
of  this  act  relative  to  compensation  shall  also  apply  to 
])roperty  damages  thereby  occasioned. 

Section  3.  Chapter  four  hundred  of  the  acts  of  the 
year  nineteen  hundred  and  six,  so  far  as  it  may  be  incon- 
sistent herewith,  and  all  other  acts  and  parts  of  acts  in- 
consistent herewith,  are  hereby  repealed. 

Section  4.  This  act  shall  take  effect  upon  its  accept- 
ance by  two  thirds  of  the  voters  of  the  town  voting  thereon 
at  a  special  meeting  called  for  the  purpose.  The  article 
in  the  warrant  of  said  special  meeting  shall  read  as  fol- 
lows:—  To  see  if  the  town  will  vote  to  accept  the  provi- 
sions of  chapter  five  hundred  and  eleven  of  the  acts  of 
the  year  nineteen  hundred  and  seven,  as  amended  by  chap- 
ter of  the  acts  of  the  year  nineteen  hundred 
and  eight,  authorizing  the  town  to  raise  money  for  the 
construction  of  the  dike  across  II(M-ring  river. 

Approved  March  0,  1908. 


Acts,  1908.  — Chaps.  181,  185.  13' 


An  Act  eelative  to  indebtedness  for  school  purposes  (JJkij)  ^§4 
incurred  by  the  city  of  new  bedford. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.      Section  one  of  chapter  one  hnnclred   and  amended.'  ^  ^' 
eiglitj-five  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  striking  out  the  words  ''  two 
hnndred  and  twenty-five  ",  in  the  sixth  and  seventh  lines, 
and   inserting   in    place  thereof  the  words:  —  three  hnn- 
dred and  five,  —  and  by  inserting  after  the  word  "  four  ", 
in  the  eleventh  line,  tlie  words :  — ■  and  one  half,  —  so  as 
to  read  as  MIo^vb:  —  Section  1.     The  city  of  New  Bed-  ^"^^'BedFord 
ford,  for  the  jnirpose  of  constructing  and  fnrnishing  three  "Jf^^t-onai  in- 
new  school  bnildino-s  and  for  purchasing  the  necessarv  land  debtedness  for 

~  J^  ,  °.  it'-  school  pur- 

therefor,  and  f<n'  the  purpose  of  erecting  an  addition  to  poses. 
the  school  building  at  Lund's  Corner,  may  incur  indebt- 
edness beyond  the  limit  fixed  by  law  to  an  amount  not  ex- 
ceeding three  hundred  and  five  thousand  dollars,  and  may 
issue  bonds,  notes  or  scrip  therefor.  Such  bonds,  notes  or 
scrip  shall  be  payable  within  such  periods,  not  exceeding 
twenty  years  from  the  dates  of  issue,  and  shall  bear  such 
rate  of  interest,  not  exceeding  four  and  one  half  per  cent 
per  annum,  payable  semi-annually,  as  the  city  council 
shall  determine.  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  in- 
debtedness hereby  authorized  and  to  the  securities  issued 
therefor. 

Section  2.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  March  7,  1908. 

An  Act  to  provide  for  the  appointment  of  an  addi-  njinj)  1g5 

TIONAL     MEMBER    OF    THE    DETECTIVE    DEPARTMENT     OF 
THE  DISTRICT   POLICE. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     The  governor  is  hereby  authorized  and  re-  Appointment 
quested  to  appoint  one  additional  member  of  the  district  memher'oTde- 
police,  who  shall  be  employed  in  the  detective  department,  ment'o/di^'^'"*' 
His  term  of  office,  salary,  powers  and  duties,  shall  be  the  trict  police, 
same  as  those  provided  by  law  for  the  district  police.     The 
said  appointment  may  be  made  without  giving  to  veterans 


138 


Acts,  1908.  — Chaps.  18G,  187. 


Middlesex 
county  train 
ing  school  at 
Chelmsford. 


the  preference  required  by  secti(jns  twenty-one  and  twenty- 
two  of  chapter  nineteen  of  the  Revised  J.aws. 

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

Approved  March  1' ,  1908. 

Chap.lS6  An  Act  to  provide  additional  land  and  buildings  for 

THE    MIDDLESEX   COUNTY   TRAINING   SCHOOL   AT    CHELMS- 
FORD. 

Be  it  enarted,  etc.,  as  folloivs: 

Section  1.  The  county  connnissioners  of  the  county  of 
^Middlesex  may  ex})end  the  sum  of  eight  thousand  dollars 
for  the  training  school  at  Chelmsford  in  said  county  for 
Expenditures,  fiig  followiiig  purposcs :  —  For  the  imrchase  or  taking  of 
land,  a  sum  not  exceeding  three  thousand  five  hundred 
dollars;  for  plans  for  a  cottage  for  fifty  inmates,  a  sum 
not  exceeding  one  thousand  dollars ;  for  laying  founda- 
tion walls  for  water  and  sewerage  connections,  and  for 
heating  the  said  cottage,  a  sum  not  exceeding  three  thou- 
sand hve  hundred  dollars. 

Section  2.  In  order  to  meet  the  expenses  incurred 
under  this  act  said  county  commissioners  may  borrow 
from  time  to  time  upon  the  credit  of  the  county,  a  sum 
not  exceeding  eight  thousand  dollars. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  7,  1908. 


County  com- 
missioners 
may  borrow 
money . 


Chcqj. 


K.  I..  102, 
§  122, 
amended. 


Smoke 
nuisance. 


187  An  Act  relative  to  the  emission  of  smoke  in  cities 

and  towns. 

lie  it  enacted,  etc.,  as  f oJ loirs. ■ 

Section  1.  Section  one  hundred  and  twenty-two  of 
chapter  one  hundred  and  two  of  the  Revised  Laws  is 
hereby  amended  by  inserting  after  the  word  "  brick  ".  in 
the  second  line,  the  words :  —  or  pottery,  —  so  as  to  read 
as  follows:  —  Seclio)i  122.  The  emission,  except  by  loco- 
motive engines  or  by  brick  or  potteiy  kilns,  into  the  o])en 
air  of  dark  smoke  or  dense  gray  smoke  for  nnu'e  than  five 
minutes  continuously,  or  the  emission,  exce])t  as  aforesaid, 
of  such  smoke  during  ninety  minutes  of  any  continuous 
period  of  twelve  hours,  within  a  (|iiart(>r  of  a  mile  of  a 
dwelling,  is  hereby  declared  a  nuisance,  uidess  such  emis- 
sion is  under  a  jx>rmit  which  may  be  granted  annually  b}'^ 
the  mayor  and  aldermen  of  cities  or  the  selectmen  of  towns. 


Acts,  1908.  — Chaps.  188,  189.  139 

Section   2.      This  act  shall  not  apply  to  the  city  of  ^l,^  T^^ 
Boston.  ^"•^'""• 

Section  3.     This  act  shall  not  take  efltect  in  any  city  wiien  to  take 
nntil  it  is  accepted  by  a  majority  vote  of  the  city  council 
of  the  city,  and  it  shall  not  take  effect  in  any  town  until 
it  is  accepted  by  a  majority  of  the  voters  of  the  town  vot- 
ing thereon  at  an  annual  town  meeting. 

Approved  March  9,  190S. 

An  Act  to  authorize  the  city  of  malden  to  incur  (JhapA8S 

ADDITIONAL    INDEBTEDNESS    FOR    SF^WERAGE    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     For  the  ])nrposes  specified  in  chapter  one  city  of 
hnndred  and  eighty-eight  of  the  acts  of  the  year  eighteen  issue  bonds, 
hundred  and  ninety,  the  city  of  Maiden  may  issue  scrip  erage  purposes. 
or  bonds  to  an  amount  not  exceeding  three  hundred  thou- 
sand dollars  in  addition  to  the  amounts  already  authorized 
by  said  chapter  one  hundred  and  eighty-eight,  and  by  chap- 
ter two  hundred  and  one  of  the  acts  of  the  year  eighteen 
hundred    and   ninety-four   and   chapter  one   hundred    and 
sixty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-six,  making  an  aggregate  amount  of  not  more  than 
nine  hundred  and  fifty  thousand  dollars.     Except  as  to  the  Certain  pro- 
said  amount  the  provisions  of  said  chapter  one  hundred  to"^ apply. 
and  eighty-eight  shall  apply  to  the  scrip  or  bonds  hereby 
authorized  to  be  issued. 

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

Approved  March  9,  19l)S^ 

An   Act   relative   to   medical   inspection   in   public  (7/i(^x>.189 

schools. 

Be  it  enacted,  etc.,  as  follows: 

For  the  purpose  of  furnishing  schools  and  school  com-  Money  may  be 
mittees  with  the  material  and  appliances  provided  for  by  midicafLi-"'^ 
section  six  of  chapter  five  Innidred  and  two  of  the  acts  of  pubiicTchoois. 
the  year  nineteen  hundred  and  six,  relative  to  the  health 
of  children  in  the  public  schools,  the  state  board  of  educa- 
tion may  annually  expend  a  sum  not  exceeding  eight  hun- 
dred dollars,  instead  of  five  hundred  dollars  as  is  speci- 
fied in  the  said  section.  Approved  March  10,  190S. 


140 


Acts,  1908.  —  Chaps.  190,  191. 


Chaj).190  Ax  Act  to  provide  for  the  appointment  of  an  addi- 
tional PROBATION  OFFICER  FOR  THE  POLICE  COURT  OF 
SPRINGFIELD. 

Be  it  enacted,  etc.,  as  follows: 

rS*may  be        Section  1.     The  jiistice  of  the  police  court  of  Spring- 
appointed  for    field  may   appoint   a   prohation  officer  for  wavward   and 

the  police  i   •  i  i  i      ■       i   •  i   •         " 

delinquent  children  and  fix  his  salary,  subject  to  the  ap- 
proval of  the  county  coniniissioners  of  the  county  of  Tlainp- 
den.  The  probation  officer  shall  hokl  office  during  the 
pleasure  of  the  justice  of  the  court,  and,  so  far  as  is  prac- 
ticable, he  shall  be  given  jurisdiction  over  all  cases  arising 
under  chapter  four  hundred  and  thirteen  of  the  acts  of 
the  year  nineteen  hundred  and  six. 

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

Approved  March  10,  1908. 


court  of 
Springfield. 

To  have  ju- 
risdiction over 
certain  cases. 


(JhaipAQX  An  Act  to  provide  for  the  appointment  of  pro  tem- 
pore court  officers  by  the  justices  of  the  munic- 
ipal court  of  the  city  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  sixty-six  of  chapter  one  hundred 
and  sixty  of  the  Revised  Laws  is  hereby  amended  by  add- 
ing at  the  end  thereof  the  following:  —  The  justices  of 
the  municipal  court  of  the  city  of  Boston,  or  a  majority 
of  tlicin,  may,  if  in  their  opinion  the  business  of  the  court 
so  requires,  or  in  ease  of  the  absence  of  any  officer,  appoint 
an  officer  or  officers  pro  tempore,  who  shall  during  the  term 
of  their  appointment  have  the  powers  and  perforin  the 
duties  of  a  regular  officer  of  said  court.  Every  such  officer 
pro  tempore  shall  receive  for  each  day's  service  an  amount 
equal  to  the  rate  by  the  day  of  the  salary  of  a  regular  offi- 
cer of  said  court,  but  any  compensation  for  service  in  ex- 
cess of  fourteen  days  in  any  one  calendar  year  which  may 
be  rendered  for  any  absent  officer  of  the  court  shall  be  de- 
ducted by  the  treasurer  of  the  county  of  Suffolk  from  the 
salary  of  such  absent  officer. 

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

Approved  March   10.  1908. 


R.  L.  160,  §  66, 
amended. 


Temporary 
court  officers 
may  be  ap- 
pointed for 
municipal 
court  of  the 
city  of  Boston. 


Compensation. 


Acts,  1908.  — Chap.  192.  141 


An  Act  to  establish  the  boundary  line  between  the  Chap.\^2 

COMMONWEALTH  OF  MASSACHUSETTS  AND  THE  STATE  OF 
CONNECTICUT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  boundary  line  between  the  common-  Boundary  line 
wealth  of  Massachusetts  and  the  state  of  Connecticut  from  common- 
the  northwest  corner  of  Rhode  Island  to  the  northwest  Massachusetts 
corner  of  Connecticut,  shall  be  and  hereby  is  fixed  as  fol-  oFconnlctic'ut 
lows,  to  wit :  —  Beginning  at  a  granite  monument  at  the  established, 
northwest  corner  of  the  state  of  Ehode  Island  and  mark- 
ing the  corner  of  Massachusetts,  Rhode  Island  and  Con- 
necticut, in  latitude  42°  00'  29M50  and  longitude  11° 
47'  58".778;  thence  north  2°  56'  41"  west,  twenty-seven 
hundred  and  ninety-five  feet  to  a  granite  monument  on 
the  northerly  side  of  the  old  Turnpike  from  Hartford  to 
Boston  through  Thompson  and  Douglas,  in  latitude  42° 
00'  56".728  and  longitude  71°  48'  0()".680;  thence  north 
5°  13'  32"  west,  twenty-eight  hundred  and  fifty-four  feet 
to  a  granite  monument  at  the  northeast  corner  of  the  state 
of  Connecticut,  in  latitude  42°  01'  24".807  and  longitude 
71°  48'  04".123;  thence  north  89°  09'  56"  west,  twenty- 
seven  tliousand  nine  hundred  and  eight  feet  to  a  granite 
monument  on  the  westerly  side  of  the  Webster  road,  op- 
posite the  ^'Line  Hotel'"',  in  latitude  42°  01'  28".656 
and  longitude  71°  54'  13".830;  thence  north  87°  52'  26" 
west,  twenty-two  thousand  eight  hundred  and  eighty-one 
feet  to  a  granite  monument  on  the  easterly  side  of  the' 
road  from  East  Woodstock  to  Southbridge,  in  latitude  42° 
01'  36".931  and  longitude  71°  59'  16".780;  thence  north 
89°  17'  16"  west,  twenty-two  thousand  eight  hundred  and 
ninety  feet  to  a  granite  monument  on  the  easterly  side  of 
the  Forge  road  from  Woodstock  Valley  to  Southbridge,  in 
latitude  42°  01'  39".631  and  longitude  72°  04'  20".037 ; 
thence  north  86°  52'  14"  west,  nineteen  thousand  four 
hundred  and  twenty-three  feet  to  a  granite  monument  on 
the  easterly  side  of  the  main  road  from  Mashapaug  to 
Holland,  in  latitude  42°  01'  50".026  and  longitude  72° 
08'  37".006;  thence  north  89°  17'  26"  west,  fifty-three 
thousand  one  hundred  and  sixty-two  feet  to  a  granite 
monument  on  the  easterly  side  of  the  road  from  Stafford 
to  Monson  by  the  east  base  of  Peaked  mountain,  in  lati- 


142  Acts,  1908.  — Chap.  192. 

fc"ecn'thc"'   ^"^e  42°   01'   55".929   and  longitude   72°    20'   2r'.364; 
weThof  Mience  north  87°  5G'  2iV'  west,  four  thousand  and  twenty- 

Slii'^i's^toty''  ""^®  ^^®*  *^  ^  granite  monument  on  the  easterly  side  of 
of  Connecticut  the  road  from  Stafford  to  Hampden,  in  latitude  42°  01' 
57^,356  and  longitude  72°  21'  14".722 ;  thence  north  89° 
11'  30"  west,  ten  thousand  three  hundred  and  seventy- 
seven  feet  to  a  granite  monument  on  the  easterly  side  of 
the  road  from  Stafford  to  Hampden  by  the  east  base  of 
Eattlesnake  mountain,  in  latitude  42°'  01'  58".779  and 
longitude  72°  23'  32".206;  thence  north  88°  23'  38"  west, 
eighteen  thousand  five  hundred  and  forty-two  feet  to  a 
granite  monument  on  the  easterly  side  of  the  road  from 
North  Somers  to  East  Longmeadow,  in  latitude  42°  02' 
03".840  and  longitude  72°  27'  37".808;  thence  south  89° 
39'  56"  west,  eight  thousand  seven  hundred  and  forty- 
seven  feet  to  a  granite  monument  on  the  easterly  side  of 
the  Hall  Hill  road  from  Somers  to  East  Longmeadow,  in 
latitude  42°  02'  03".319  and  longitude  72°  29'  33".716; 
thence  north  89°  16'  52"  west,  ten  thousand  six  hundred 
and  eighty-four  feet  to  a  granite  monument  at  the  corner 
of  the  towns  of  East  Longmeadow  and  Longmeadow  in 
Massachusetts  and  Enfield  in  Connecticut,  in  latitude  42° 
02'  04".619  and  longitude  72°  31'  55".276;  thence  south 
81°  56'  34"  west,  eleven  thousand  three  hundred  and  nine 
feet  to  a  granite  monument  about  six  hundred  and  twenty 
feet  south  of  Allen  street  in  Longmeadow,  in  latitude  42° 
01'  48".933  and  longitude  72°  34'  23".644;  thence  south 
51°  56'  28"  west,  three  thousand  two  hundred  and  thirty- 
eight  feet  to  a  granite  monument  four  hundred  and  fifty 
feet  east  of  the  main  road  from  Thompsonville  to  Spring- 
field, in  latitude  42°  01'  29".212  and  longitude  72°  34' 
57".422;  thence  north  88°  35'  49"  west,  five  thousand 
eight  hundred  and  thirty-four  feet  to  a  granite  monument 
on  the  top  of  the  bank,  about  one  hundred  and  seventy-five 
feet  east  of  the  easterly  shore  of  the  Connecticut  river,  in 
latitude  42°  01'  30".616  and  longitude  72°  36'  14".696; 
thence  in  the  same  direction,  nine  hundred  and  fifty  feet 
to  the  middle  of  said  river;  thence  northerly  along  a  line 
midway  between  the  banks  thereof,  about  two  thousand 
and  seventy-five  feet;  thence  north  87°  18'  55"  west,  twelve 
hundred  and  sixty  feet  to  a  granite  monument  standing 
on  tlie  bank  about  two  hundi-ed  and  twenty-five  feet  west 
of  the  westerly  shore  of  the  river,   in  latitude   42°    01' 


Acts,  1908.  — Chap.  192.  143 


51".983   and  longitude   72°    3(3'  44".013 ;   thence  in  the  Boundary  line 

d,-  "^  ,1  I'l  11  I'j.  between  the 

irection,  seven  thousand  six  nunclred  and  sixty-one  oommon- 

feet  to  a  granite  monument  about  eight  hundred  and  sev-  Massi^chLetts 
enty-five  feet  west  of  North  street  or  Suffield  street,  the  ^"^^linlcUc'ut 
middle  road  from  Suffield  to  Springfield,  in  latitude  42°  established. 
or  55^516  and  longitude  72°  38'  26^318;  thence  north 
82°  39'  40"  west,  eight  thousand  nine  hundred  and  sixty- 
six  feet  to   a  granite  monument  on  the  easterly   side  of 
Ilalladay  avenue  or  Front  street,  the  road  from  Suffield 
to  Feeding  Hills,  in  latitude  42°  02'  06".81.3  and  longi- 
tude 72°  40'  24".  149  ;  thence  north  84°  51'  12"  west,  seven 
thousand  two  hundred  and  two  feet  to  a  granite  monument 
on  the  easterly  side  of  West  street,  the  road  from  West  Suf- 
field to  Westiield,  in  latitude  42°  02'  13".185  and  longi- 
tude 72°  41'  59".207 ;  thence  south  89°  46'  25"  west,  four 
thousand  one  hundred  and  thirty-seven  feet  to  a  granite 
nioinmieiit   at  the  corner  of   Agawani   and   Southwick   in  , 

Massachusetts  and  Suffield  in  Connecticut,  in  latitude  42^ 
02'  13".019  and  longitude  72°  42'  54".032 ;  thence  south 
0°  48'  01"  east,  one  hundred  and  thirty-two  feet  to  a 
granite  monument,  in  latitude  42°  02'  11".716  and  longi- 
tude 72°  42'  54".008;  thence  south  89°  38'  09"  west, 
eleven  thousand  two  hundred  and  thirty-one  feet  to  a  gran- 
ite monument  on  the  easterly  shore  of  Congamond  lake,  in 
latitude  42°  02'  10".984  and  longitude  72°  45'  22".830 ; 
thence  in  the  same  direction,  fourteen  and  five  tenths  feet 
to  the  shore  of  the  lake  as  it  would  be  with  the  surface  of 
the  water  at  the  elevation  it  was  in  eighteen  hundred  and 
three ;  thence  southerly,  by  the  easterly  shore  of  the  lake  as 
it  would  be  with  the  surface  of  the  water  at  the- aforesaid 
elevation  to  a  point  opposite  a  granite  monument  near  the 
shore  at  the  southerly  end  of  the  lake ;  [the  elevation  of 
the  water  surface  of  the  lake  in  eighteen  hundred  and 
three  has  been  determined  to  be  one  foot  below  the  top 
surface  of  the  southwest  corner  of  the  brownstone  founda-  j 

tion,  or  footing,  of  the  north  abutment  of  the  arched  cul- 
vert carrying  the  New  York,  New  Haven  and  Hartford 
railroad  over  the  outlet  of  the  lake  about  nine  hundred 
feet  north  of  Congamond  Lake  railroad  station.]  ;  thence 
south  4°  26'  29"  west,  about  twenty-five  feet  to  said  monu- 
ment, in  latitude  42°  00'  27".957  and  longitude  72°  46' 
00".167;  thence  in  the  same  direction,  sixteen  hundred 
and  thirty-two  feet  to  a  granite  monument  at  the  south- 


144 


Acts,  1908.  — Chap.  102. 


Boundary  line 
between  the 
common- 
wealth of 
Massachusetts 
and  the  state 
of  Connecticut 
established. 


easterly  corner  of  tlio  '' Scmtliwick  jop;  ",  in  latitude  42° 
00'  11''. 881  and  loiiiiitiide  72°  46'  01  ".841  ;  thence  south 
81°  3rV  28"  west,  thirteen  thousand  eii>ht  hundred  and 
twenty-seven  feet  to  a  granite  monnment  at  the  southwest- 
erly corner  of  the  "  Southwick  jog",  in  latitude  41°  59' 
51".787  and  longitude  72°  49'  b2".976;  thence  north  3° 
33'  56"  east,  fourteen  thousand  two  hundred  and  sixty- 
one  feet  to  a  granite  monument  known  as  the  "  Crank 
monnment",  in  latitude  42°  02'  12".399  and  longitude 
72°  48'  51".223;  thence  north  88°  46'  28"  west,  sixteen 
thousand  one  hundred  and  seventy-seven  feet  to  a  granite 
monument  about  three  hundred  and  twenty-five  feet  east 
of  the  west  road  from  Granby  to  Granville,  in  latitude  42° 
02'  15".762  and  longitude  72°  52'  25".548;  thence  south 
89°  48'  02"  west,  seventeen  thousand  eight  hundred  and 
thirty-three  feet  to  a  granite  monument  on  the  easterly 
side  of  the  road  near  the  east  bank  of  Hubbard,  brook,  in 
latitude  42°  02'  15".081  and  longitude  72°  56'  21".859 ; 
thence  north  88°  32'  56"  west,  twenty-six  thousand  five 
hundred  and  seventy-nine  feet  to  a  granite  monument  on 
the  easterly  side  of  the  road  near  the  west  bank  of  Slocum 
brook,  in  latitude  42°  02'  21".580  and  longitude  73°  02' 
13".967;  thence  north  87°  33'  48"  west,  twenty-six  thou- 
sand eight  hundred  and  seventeen  feet  to  a  granite  monu- 
ment on  the  westerly  side  of  the  road  near  the  westerly 
bank  of  Saudis  brook,  in  latitude  42°  02'  32".691  and 
longitude  73°  08'  09".034;  thence  north  87°  52'  12"  west, 
twenty-six  thousand  six  hundred  and  ninety-eight  feet  to 
a  granite  monument  on  a  large  rock  near  the  westerly 
bank  of  a  brook  about  three  hundred  feet  south  of  its 
mouth  at  Whiting  river  near  Campbell  falls,  in  latitude 
42°  02'  42". 342  and  longitude  73°  14'  02".615;  thence 
north  87°  35'  41"  west,  twenty-eight  thousand  nine  hun- 
dred and  seventeen  feet  to  a  granite  monument  near  the 
easterly  bank  of  the  Housatonic  river,  in  latitude  42°  02' 
54".154  and  longitude  73°  20'  25".540;  thence  north  88° 
07'  02"  west,  twenty-five  thousand  two  hundred  and  fifty 
feet  to  a  granite  monument  on  a  large  rock,  marked  1803 
on  its  southerly  side,  in  Sage's  liavine,  in  latitude  42° 
03'  02".214  and  longitude  73°  26'  00".030;  thence  south 
88°  31'  58"  west,  fourteen  thousand  seven  hundred  and 
eighty-seven  feet  to  a  granite  momunent  at  the  northwest- 
erly corner  of  the  state  of  Connecticut  and  marking  the 


A.CTS,  1908.  — Chaps.  193,  194.  115 

corner  of  Massachusetts,  New  York  and  Connecticut,  in 
latitude  42°  02'  58".427  and  longitude  73°  29'  15^959. 

The  geodetic  positions  given  in  this  description  are  based  po°itk)M. 
on  Clarke's  Spheroid  and  the  astronomical  data  adopted 
by  the  United  States  Coast  and  Geodetic  Survey  in  1880. 

The  above  described  boundary  line  is  shown  on  plans  Plan  of  bound- 
dated  December  26,  1906,  filed  with  the  secretary  of  the 
commonwealth  of  Massachusetts  and  the  secretary  of  the 
state  of  Connecticut. 

Section  2.     This  act  shall  take  effect  when  an  act  is  when  to  take 
passed  by  the  state  of  Connecticut  establishing  the  line 
described  in  this  act.  Approved  March  10,  1908. 

An  Act  kelative  to  the  local  taxation  of  the  keal  Chap.193 

ESTATE    and    MACHINERY    OF    WATER    COMPANIES. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  three  hundred  and  arne'nded*.'  ^  ^' 
twenty-nine  of  the  acts  of  the  year  nineteen  hundred  and 
seven   is   hereby    amended   by   striking   out   all    after   the 
period,  in  the  seventh  line,  so  as  to  read  as  follows :  — 
Section  1.     The  real  estate  and  machinery  of  every  private  Real  estate 

,  ,  ,  •ii'_Cii        and  machinery 

corporation  organized  under  general  or  special  laws  ot  the  of  water  com- 
commonwealth  for  the  purpose  of  carrying  on  within  the  Subject  to  ^ 

1,1       ,1         1         •  X'  X  J-    local  taxation, 

commonwealth  the   business  ot   a  water  company,   except  except,  etc. 
such  corporatious  as  by  charter  have  been  made  exem]it 
from  taxation,  shall  be  subject  to  local  taxation. 

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

Approved  March  10,  1908. 

An  Act  relative  to  the  taxation   of  express   com-  (7/irtp.l94: 

PANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     CUause  Third  of  section  one  of  chapter  five  ipO''' ^i:?:  ^l• 
,  ,       ,  ,       .    ,  .  ,.      ,  „      ,  ^  .  clause  llurd, 

hundrea  and  eighty-six  of  the  acts  of   the  year  nineteen  amended. 

hundred  and  seven  is  hereby  amended  by  inserting  after 

the  word  ''  May  ",  in  the  seventh  line,  the  words :  —  also 

the  gross  earnings  within  the  commonwealth,  and  the  total 

gross  earnings  for  the  twelve  months  preceding  said  first 

day  of  May,  and  securities  not  liable  to  taxation,  with  the 

value  thereof,  —  so  as  to  read  as  follows :  —  Third.     A  fiai*  e^;t"e  and 

statement  in  such  detail  as  the  tax  commissioner  may  re-  machinery,  etc. 


Ii6 


Acts,  1908.  — Chap.  195. 


Books  to  be 
submitted  to 
inspection  of 
tax  commis- 
sioner, etc. 


Return  to  be 
made  under 
oath. 


quire  of  the  real  estate,  machinery,  merchandise  and  other 
property  belongina;  to  the  person,  company,  partnership  or 
association,  together  with  the  location  and  value  thereof 
and  the  amount  of  taxes  paid  thereon  to  the  various  cities 
and  towns  in  the  commonwealth  for  the  twelve  months 
preceding  said  first  day  of  May;  also  the  gross  earnings 
within  the  eommonw(^alth,  and  the  total  gross  (>arnings  for 
the  twelve  months  preceding  said  first  day  of  May,  and 
securities  not  liable  to  taxation,  with  the  value  thereof. 
Such  return  shall  be  filed  with  the  tax  connnissioner,  and 
shall  be  open  only  to  the  inspection  of  the  tax  commis- 
sioner, his  clerks  and  assistants,  and  such  other  officers  of 
the  conmionwealth  as  may  have  occasion  to  inspect  it  for 
the  purpose  of  assessing  or  of  collecting  taxes. 

Section  2.  Every  person,  partnership,  association  or 
domestic  corporation  which  is  subject  to  taxation  under 
the  pi'ovisions  of  said  chapter  five  hundred  and  eighty-six 
shall,  when  so  required,  submit  its  books  to  the  inspection 
of  the  tax  commissioner,  and  its  treasurer,  directors  or 
other  officers  to  examination  on  oath  relative  to  all  matters 
affecting  the  determinations  to  be  made  by  said  commis- 
sioner. 

Sp:ction  3.  The  return  required  to  be  made  by  said 
chapter  and  this  act  shall  be  signed  and  sworn  to,  in  the 
case  of  a  corporation  or  association  by  its  treasurer  or  other 
financial  officer,  in  the  case  of  a  ]iartnershi]i  by  a  member 
of  the  firm,  and  in  the  case  of  an  individual  by  the  person 
carrying  on  the  business. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  M  air  It   10.  1008. 


Ckaj).195 


Offices  to  be 
maintained  at 
state  institu- 
tions, etc. 


Ax  Act  relative  to  treasurers  and  disbursing  offi- 
cers OF  STATE  INSTITUTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Treasur<'rs  and  disbursing  officers  of  state 
institutions  shall  maintain  an  office  at  their  respective  in- 
stitutions where  all  their  books,  accounts  aud  v(nicli(>rs 
shall  be  ke])t.  Their  books  shall  be  the  books  of  their  re- 
spective institutions  and  shall  show  all  receipts  and  dis- 
bursements on  account  of  tlie  same. 

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

Approved  March  10,  1908. 


Acts,  1908.  — Chaps.  196,  197.  147 


An  Act  to  authorize  the  treasurer  of  the  county  (JJia'pA^i^ 

OF  WORCESTER  TO  RECEIVE  AND  INVEST  TRUST  FUNDS 
FOR  THE  PRESERVATION  AND  DECORATION  OF  THE  GEN- 
ERAL  CHARLES   DEVENS   STATUE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  treasurer  of  the  county  of  Worcester  General 
is  hereby  authorized  to  receive  from  the  Worcester  county  stat^u?TruIt"^ 
memorial  and  Devens  statue  commission  the  balance  of  ^""^  " 
funds  now  held  by  said  commission,  not  exceeding  the  sinn 
of  fifteen  hundred  dollars,  which  sum  shall  be  known  as 
the  General  Charles  Devens  Statue  Trust  Fund,  and  under 
the  direction  of  the  county  commissioners  of  said  county 
shall  always  be  deposited  by  said  treasurer  in  such  banks 
or  invested  in  such  securities  as  said  county  commission- 
ers shall  approve,  and  said  treasurer  shall  be  held  respon- 
sible for  the  faithful  management  of  the  same,  in  the  same 
maimer  as  for  other  funds  held  by  him  in  his  official  ca- 
pacity. The  said  treasurer  shall  collect  and  expend  the 
income  of  said  funds,  in  such  manner  as  said  county  com- 
missioners shall  direct,  in  the  care,  repair,  preservation 
and  decoration  of  the  said  General  Charles  Devens  statue, 
jx'destal  and  foinidation,  lately  erected  by  said  commission 
in  front  of  the  Worcester  county  court  house  in  the  city  of 
Worcester. 

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

Approved  March- 10,  1908. 


Chap.m 


An  Act  relative  to  the  sale  of  bread. 

Be  it  enacted,  etc.,  as  follows: 

Chapter    fifty-seven    of    the    Revised    Laws    is    hereby  j^  l,  sr,  §  6, 
amended  by  striking  out  section  six  and  inserting  in  place  amended, 
thereof  the  following:  —  Section  6.     Whoever  violates  any  penalty, etc. 
provision  of  the  preceding  three  sections  shall  be  punished 
by  a  fine  of  not  more  than  ten  dollars  for  each  offence. 
The  sealer  of  weights  and  measures  in  the  respective  cities 
and  towns,  or  the  commissioner  of  weights  and  measures 
of  the  commonwealth,  shall  cause  the  provisions  of  the  said 
three  sections  to  be  enforced. 

Approved  March  10,  1908. 


148 


Acts,  1908.  — Chaps.  198,  199. 


Metropolitan 
water  district. 


Chap.ldS  An  Act  making  an  appropriation   for  the   mainte- 
nance  OF   THE   METROPOLITAN    WATER   SYSTEM. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  four  hundred  and 
thirty-tliree  thousand  dollars  is  hereby  a|)pro])riated,  to  be 
paid  out  of  the  Metropolitan  Water  JMaintenance  Fund, 
for  the  nuiintenance  and  operation  of  the  metropolitan 
water  system  for  the  cities  and  towns  in  what  is  known 
as  the  metropolitan  water  district,  during  the  fiscal  year 
ending  on  the  thirtieth  day  of  November,  nineteen  hundred 
and  eight. 

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

Approved  March  10,  190S. 


Chap.199  An   Act   to   further  amend  an   act   to   incorporate 


1889,  282,  §  1, 
amended. 


Trustees. 


THE    TRUSTEES    OF    THE    SOLDIERS 
SETTS. 


HOME    IN    MASSACHU- 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  two  hundred  and 
eighty-two  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine  is  hereby  amended  l)y  inserting  after  the  word 
"  twenty-one  ",  in  the  eighth  line,  the  words :  —  of  whom 
fifteen  shall  be  members  of  the  voluntary  association  known 
as  the  Dejiartment  of  Massachusetts,  Grand  Army  of  the 
Republic,  the  commander  of  said  de])artnient  to  be  one  of 
said  fifteen,  —  by  striking  out  the  words  "■  three  of  whom  ", 
in  the  ninth  line,  and  inserting  in  jtlace  thereof  the  words: 
—  Three  trustees,  —  and  by  adding  at  the  end  of  said 
section  the  words:  —  provided,  however,  that  each  of  the 
voluntary  associations  known  as  the  Massachusetts  Divi- 
sion, Sons  of  Veterans,  United  States  of  America,  and  the 
De]nirtment  of  IMassachusetts,  United  Spanish  AVar  Vet- 
erans shall  be  represented  by  members  thereof,  —  so  that 
the  part  of  the  section  hereby  amended  will  read  as  fol- 
lows:—  The  whole  number  of  said  trustees  shall  not  ex- 
ceed twenty-one,  of  whom  fifteen  shall  be  members  of  the 
voluntary  association  known  as  the  Department  of  Massa- 
chusetts, Grand  Army  of  the  Eepublic,  the  commander  of 
said  dejiartment  to  be  one  of  said  fifteen.  Three  trustees 
shall,  after  the  first  Monday  of  May  in  the  year  eighteen 


Acts,  1908.  — Chap.  199.  149 

hundred  and  eighty-nine,  be  appointed  by  the  governor  by 
and  with  the  advice  and  consent  of  the  council,  one  to  hold 
office  for  the  term  of  three  years,  one  for  the  term  of  two 
years,  and  one  for  the  term  of  one  year,  beginning  with 
said  first  Monday  of  May ;  and  annually  thereafter  a  trus- 
tee shall  be  appointed  as  aforesaid,  to  hold  for  the  term 
of  three  years  beginning  with  the  first  Monday  of  May  in 
the  year  of  his  appointment.  Any  vacancy  occurring 
among  the  trustees  appointed  as  aforesaid  shall  be  filled 
by  the  appointment  by  the  governor  as  aforesaid,  of  a 
trustee  for  the  remainder  of  the  "unexpired  term.  When-  Vacancies. 
ever  a  vacancy  shall  occur  among  the  other  eighteen  trus- 
tees, and  the  number  of  said  other  trustees  who  are  mem- 
bers of  the  Department  of  Massachusetts,  Grand  Army  of 
the  Eepublic,  shall  be  less  than  fifteen,  the  remaining 
trustees  including  those  appointed  by  the  governor  shall 
select  a  member  of  said  dejxirtment  to  fill  said  vacancy; 
but  if  said  number  shall  be  fifteen  or  more,  they  may  select 
any  inlial)itant  of  the  commonwealth  to  fill  the  vacancy: 
provided,  however,  that  each  of  the  voluntary  associations  Proviso. 
known  as  the  Massachusetts  Division,  Sons  of  Veterans, 
United  Stt^tes  of  America,  and  the  Department  of  Mas- 
sachusetts, United  Spanish  War  Veterans  shall  be  repre- 
sented by  members  thereof. 

Section  2.     Section  one  of  chapter  one  hundred  and  amended '  ^  ^' 
thirty  of  the  acts  of  the  year  nineteen  hundred  and  four 
is  hereby  amended  by  striking  out  the  word  "  one  ",  in  the     - 
third   line,    and   inserting  in   place   thereof  the   word :  — 
three,  —  so  as  to  read  as  follows :  —  Section  1.    The  Trus-  The  Trustees 
tees  of  the  Soldiers'  Home  in  Massachusetts  are  hereby  Home  'may^" 
authorized  to  hold,  manage  and  convey  real  and  pers(jnal  tionaf estate, 
estate  to  the  amount  of  three  hundred  thousand  dollars, 
in  addition  to  the  amount  of  two  hundred  thousand  dollars 
authorized  by  chapter  thirty-two  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-six. 

Section   3.      Said  chapter  one  hundred   and  thirty  is  1904,  iso, 
also  amended  by  inserting  after  section  one  the  following  Amended, 
new  section :  —  Section  2.     All  real  and  personal  estate  Property  to 
held  by  said  trustees  shall  revert  to  the  commonwealth  commoi?- 
when   the   purpose   for   which   the   trustees   were   incorpo-  ^^^^^^-  ®*''- 
rated  shall  have  been  accomplished. 

Approved  March  IJ^,  1908. 


150  Acts,  1908.  —  Chaps.  200,  201. 


Chap.200  An  Act  to  increase  the  rate  of  interest  on  certain 

BONDS   ISSUED   BY  THE   TOWN   QF   NEEDHAM. 

He  it  enacted,  etc.,  as  follows: 

ime^ndid.'  ^  ^'  Section  1.  SectioH  One  of  chapter  two  hundred  and 
fifty-nine  of  the  acts  of  the  year  nineteen  hnndred  is 
hereby  amended  by  striking  out  the  word  *'  fonr  ",  in  the 
nintli  line,  and  inserting  in  place  thereof  the  word  :  —  five, 

May  issue        — SO  as  to  read  as  follows:  —  Section   1.     The  town  of 

bonds,  notes  or   ^^       ii  •      ^  ^  ^        •        i  • 

scrip,  etc.  i\  ecdham  is  hereby  anthorized  to  issne  from  time  to  time 

bonds,  notes  or  scrip  to  an  amount  not  exceeding  one  hun- 
dred thirty-two  thousand  five  hundred  dollars,  for  the  pur- 
pose of  refunding  a  portion  of  its  existing  indebtedness. 
The  bonds,  notes  or  scrip  issued  under  the  provisions  of 
this  act  shall  be  payable  not  more  than  thirty  years  from 
the  date  of  issue,  and  shall  bear  interest  payable  semi- 
annually at  a  rate  not  exceeding  five  per  cent  per  annum. 
They  shall  be  signed  by  the  treasurer  and  countersigned 
by  the  selectmen  of  the  town  and  may  be  sold  or  nego- 
tiated at  public  or  private  sale,  and  the  proceeds  shall  be 
used  to  discharge  an  equal  amount  of  the  existing  debt 
of  said  town. 

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

Approved  March  1^,  1908. 

Ohaj^.^Ol  An  Act  to  ratify  the  consolidation  of  the  three 

METHODIST   EPISCOPAL   CHURCHES  IN    HAVERHILL. 

Be  it  enacted,  etc.,  as  follows: 

of°'thfthfee"         Section  1.     The  proceedings  by  which  the  First  Meth- 
E^ilco'^ai         odist  Episcopal   Church,   the   Grace  Methodist  Episcopal 
h""']vii'"       Church,   and  the  Third  Methodist  Episcopal  Church,  of 
firmed,  etc.        Haverhill,   have  become  consolidated   under  the  name  of 
the   Grace    Methodist    Episcopal    Church,    and    all    votes, 
orders,  deeds  of  conveyance  and  other  acts  relating  thereto 
are   hereby   ratified    and    confirmed,    and    the    said    Grace 
Methodist  Episcopal  Church  with  its  reorganized  quarterly 
conference  and  the  board  of  trustees  shall  be  the  successor 
of  the  three  previous  churches  and  their  quarterly  confer- 
ences and  boards  of  trustees,  and  shall  have  and  enjoy  all 
the  powers,  privileges  and  rights  and  shall  assume  all  the 
duties  and  liabilities  of  the  three  previous  organizations. 
oKld^of""  Section    2.      The   organization   of  the  board   of  trus- 

fiVmeretc!"      tccs  of  the  reorganized  Grace  Methodist  Episco])al  Church 


Acts,  1908.  — Chap.  202.  151 

under  section  forty  of  chapter  thirty-six  of  the  Revised 
Laws  is  hereby  ratified  and  made  valid,  but  the  certificates 
prescribed  by  section  forty-three  of  said  chapter  thirty-six 
shall  be  filed  within  ten  days  after  the  passage  of  this  act. 
All  property,  real  or  personal,  inchiding  the  proceeds  from 
the  sale  of  any  property  which  formerly  belonged  to  any  of 
the  said  three  chnrches  or  their  boards  of  trnstees,  shall 
vest  in  said  reorganized  board  of  trnstees,  but  all  property 
held  in  trust  by  any  of  the  said  former  boards  of  trustees 
shall  vest  in  the  investment  board  of  trustees  recently  or- 
ganized under  section  three  of  chapter  thirty-seven  of  the 
Revised  Laws  upon  the  same  or  similar  trusts. 

Section  3.  All  gifts,  grants,  bequests  and  devises  here-  Gifts,  be- 
tofore  or  hereafter  made  to  the  said  First  Methodist  Epis- 
copal Church,  Grace  Methodist  Episcopal  Church,  or  Third 
Methodist  Episcopal  Church,  or  to  their  respective  boards 
of  trustees  or  to  any  of  their  ofiicials,  shall  vest  in  the  said 
board  of  trustees  of  the  Grace  Methodist  Episcopal  Church, 
but  all  such  gifts,  grants,  bequests  and  devises  which  are 
in  trust  shall  vest  in  the  investment  board  of  trustees  of 
Grace  Methodist  Episcopal  Church. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  14 ,  1908. 


quests,  etc. 


Chap.202 


An   Act   to   incorporate   st.    paul's   church   in   nan- 
tucket. 

Be  it  enacted,  etc.,  as  follotvs: 

Section  1.  Daniel  C.  Brayton,  Almon  T.  Mowry,  Her-  st.  Paul's 
bert  W.  Bennett,  Maurice  W.  Boyer,  Harry  A.  Tobey,  M.  tucket  incor- 
Frances  Dolan,  Josephine  S.  Brooks  and  Ellenwood  B. 
Coleman,  their  associates  and  successors,  are  hereby  made 
a  corporation,  with  all  the  powers  and  privileges  and  sub- 
ject to  all  the  duties,  restrictions  and  liabilities  set  forth 
in  all  general  laws  now  or  hereafter  in  force  relating  to 
religious  societies. 

Section  2.     The  name  of  the  said  corporation  shall  be  Name. 
St.  Paul's  Church  in  Nantucket. 

Section  3.     Said  corporation  may  hold  real  and  per-  May  hold  real 

Tj.  ,..  ,,.\  '^  and  personal 

sonai   estate   lor   parochial   and   religious   purposes   to   an  estate. 
amount  not  exceeding  one  hundred  thousand  dollars. 
Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  IJf,  1908. 


152  Acts,  1908.  — Chaps.  203,  204,  205. 


Chap.20o  An  Act  to  repeal  the  act  to  autiiokize  the  town  ok 

SWAMPSCOTT     TO     I'AY     A    SUM     OF     MONEY     TO    AMOS     O. 
CAIIOON. 

Be  it  enacted.,  etc.,  as  follows: 

Repeal.  Sectton  1.     Cliaplci'  fiftv-oiglit  of  the  acts  of  the  year 

nineteen  hiindred  and  six,  authorizing  the  town  of  Swamp- 
scott  to  pay  a  snni  of  money  to  Anios  O.  C^ahoon,  is  hereby 
repealed. 

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

Approved  March  IJ^,  1908. 

Chap.204:  An  Act  to  reduce  the  borrowing  power  of  the  city 

OF  BOSTON  FOR  SEWER  AND  DRAINAGE  PURPOSES  OUTSIDE 
OF   THE   DEBT   LIMIT    OF   SAID   CITY'. 

Be  it  enacted,  etc.,  as  follows: 

debtt'dnlss  of         Section  1.     The  indebtedness  hereafter  incurred,  or  in- 
the  fity  of         curred  during  the  current  year,  for  sewer   and  drainage 

Boston  to  be  o  _  i  i  ... 

ini-hidedvyithin  i)urDf)ses  bv  tlic  citv  of  Bostoii,  uudcr  the  provisions  ol 

the  debt  limit,      i        i  •/  ^  '     _  i 

chapter  four  hundred  and  twenty-six  of  the  acts  of  the  year 

eighteen  hundred  and  ninety-seven  and  acts  in  amendment 

thereof,  shall  be  included  within  the  debt  limit  of  the  city. 

Appropria-  SECTION  2.     The  city  council  of  the  city,  with  the  ap- 

tions  for  sewer-  i        /•      i  '  i  •       •  i 

age  and  drain-  proval  01  the  mayor,  may  make  appro})riatious  eacn  year 
from  the  annual  income  and  taxes  of  the  city  for  construct- 
ing its  sewerage  and  drainage  works. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  I4,  1908. 


age  works. 


Chap.20iJ  An  Act  relative  to  the  sale  of  coke  and  charcoal. 

Be  it  enacted,  etc.,  as  follows: 

R.  L.  57.  §  86,        Section  1.     Chapter  fifty-seven  of  the  Revised  Laws  is 
'^'"  "  hereby   amended   by   striking   out   section   eighty-six   and 

Sale  of  coke  inserting  in  place  thereof  the  following:  —  Section  86. 
Coke  in  quantities  of  less  than  one  hundred  pounds,  and 
charcoal  in  any  quantities,  shall  ho  sold  by  weight  or  by 
measure,  and  sliall  be  kept  until  delivered  in  the  same  bags 
or  baskets  in  which  the  goods  are  weighed  or  measured, 
and  coke  and  charcoal  thus  sold  shall  be  exenii)t  from  the 
provisions  of  section  eighty-eight  of  this  chapter.  When 
sold  bv  wciuht,  such  bags  or  baskets  shall  be  ]»laiuly  uiark('<l 


Acts,  1908.  — Chap.  20G.  153 

with  the  name  of  the  person  who  pnts  np  the  same  and 
the  weight  of  the  coke  or  chareoal  therein,  the  words  so 
marked  being  in  solid  Roman  capital  letters,  at  least  one 
inch  in  height.  Coke  sold  in  qnantities  of  one  hnndred 
I)onnds  or  more  shall  be  sold  only  by  weight. 

Section  2.  Section  eighty-seven  of  said  chapter  fifty-  r.  l.  57,  §87. 
seven  is  hereby  amended  by  inserting  after  the  word  ""  char- 
coal ",  in  the  first  line,  the  words: — by  measnre,  —  and 
by  inserting  after  the  word  "  sale  ",  in  the  seventh  line, 
the  words :  —  by  measnre,  —  so  as  to  read  as  follows :  — 
Section  87.  Baskets  nsed  in  selling  coke  or  charcoal  by  Baskets  and 
measnre  shall  be  of  the  capacity  of  two  bnshels,  of  one  ity.^etc'^^'^*' 
bnshel,  or  of  one  half  bnshel,  Massachnsetts  standard  dry 
measnre.  They  shall  be  sealed,  and  their  capacity  plainly 
marked  thereon  by  a  sealer  of  weights  and  measnres  of 
the  city  or  town  in  which  the  person  nsing  them  resides 
or  does  bnsiness,  and  shall  be  tilled  level  fnll.  Bags  of 
coke  or  charcoal  sold  or  offered  for  sale  Ijy  measnre  shall 
contain,  and  shall  be  sold  as  containing,  one  half  bnshel, 
dry  measnre,  standard  aforesaid,  of  said  goods,  and  shall 
be  plainly  marked  with  tiie  name  of  the  person  who  pnts 
np  the  same,  and  the  words  in  capital  letters,  each  at 
least  one  inch  in  height,- — "one  iiat>f  bushel." 

Section  3.     This  act  shall  take  effect  npon  its  passage. 

Approved  March  IJf,  1908. 

An  Act  making  appropbtations  for  certain  expenses  f^j^ff^r^  9,C)(K 

OF     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  ont  of  the  treasury  of  the  commonwealth  *'°"''" 
from  the  ordinary  revenue,  for  the  purposes  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hnndred  and  eight,  to  wit :  — 

For  travelling  and  other  necessary  expenses  of  the  trns-  Trustees  of 
tees  of  the  Lyman  and  industrial  schools,  the  same  to  in-  and  industrial 
clnde  the  printing  and  binding  of  their  annual  re|X)rt,  a  expenses, 
sum  not  exceeding  twelve  hundred  dollars. 

For  salaries  and  expenses  of  such  agents  as  the  said  Agents, 
trustees  may  deem  necessary  to  employ,  a  sum  not  exceed- 
ing ten  thousand  two  hundred  and  forty  dollars. 


154 


Acts,  1908.  — Chaps.  207,  208. 


Boarding  out 
children. 


Care  of  pro- 
bationers. 


Instruction  in 
public  schools. 


For  expenses  in  connection  with  boarding-  out  children 
from  the  Lyman  school  for  boys,  nnd(n'  the  authority  of 
the  trustees  thereof,  a  sum  not  exceeding  tifty-tive  hun- 
dred dollars. 

For  expenses  in  connection  with  the  care  of  probation- 
ers from  the  state  industrial  school,  to  include  boarding 
out  and  other  expenses  of  girls  on  probation,  under  the 
authority  of  the  trustees  of  the  Lyman  and  industrial 
schools,  a  sum  not  exceeding  twelve  thousand  eight  hun- 
dred dollars. 

For  instruction  in  the  public  schools  in  any  city  or  town 
of  the  commonwealth  of  children  boarded  out  or  bound  out 
by  the  said  trustees,  a  sum  not  exceeding  eight  hundred 
and  fifty  dollars. 

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

Approved  March  14,  1908. 


Chcijp.^ffl  An  Act  to  exclude  certain  indebtedness  of  the  city 

OF   CHELSEA  FROM   THE   STATUTORY   LIMIT   OF   INDEBTED- 
NESS OF   SAID   CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  indebtedness  of  the  city  of  Chelsea, 
authorized  by  section  two  of  chapter  two  hundred  and 
eighteen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-seven,  and  the  notes,  scrip  or  bonds  which  have 
been  issued  therefor,  shall  be  excluded  in  determining  the 
statutory  limit  of  indebtedness  of  said  city. 

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

Approved  March  U,  1908. 


Certain  in- 
debtedness of 
the  city  of 
Chelsea  not  to 
be  included  in 
the  debt  limit. 


Chap.20S  An  Act  relative  to  the  revocation  of  licenses  of 

HAWKKUS   AND   PEDLERS. 

Be  it  enacted,  etc.,  as  foUoirs: 

Section  1.  Any  license  granted  by  the  secretary  of 
the  commonwealth  under  chapter  sixty-five  of  the  Revised 
Laws,  or  of  any  act  amendatory  thereof  or  additional 
thereto,  may  be  revoked  by  the  secretary  upon  conviction 
of  the  licensee  of  any  crime  which,  in  the  judgment  of 
the  secretary,  warrants  such  revocation. 

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

Approved  March  U,  J 908, 


Licenses  may 
be  revoked 
upon  convic- 
tion of  crime. 


Acts,  1908.  — Chap.  209.  15i 


An  Act  to  pkovide  for  the  protection  of  forest  or  Chap.209 

SPROUT   LANDS   FROM   FIRE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     In  a  town  which  accepts  the  provisions  of  JP.hibfted'in 
this  act  or  has  accepted  a  corresponding  provision  of  earlier  certain  towns, 
hiws  no  fires  shall  be  set  in  the  open  air-  between  the  first 
day  of  April  and  the  first  day  of  December,  except  by  the 
written  permission  of  the  forest  w^arden:   provided,  that  Proviso, 
debris  from  fields,   gardens   and   orchards,   or  leaves   and 
brush  from  yards  may  be  burned  on  ploughed  fields  by 
the  owners  thereof,  their  agents  or  lessees,  but  in  every 
case  such  fire  shall  be  at  least  tw-o  hundred  feet  distant 
from  any  forest  or  sprout  lands,  and  shall  be  properly  at- 
tended until  it  is  extinguished.     The  forest  warden  shall 
cause  public  notice  to  be  given  of  the  provisions  of  this 
section,  and  shall  enforce  the  same.     Whoever  violates  the  penalty, 
provisions  of  this  section  shall  be  punished  by  a  fine  of 
not  more  than  one  hundred  dollars,  or  by  imprisonment 
for  not  more  than  one  month,  or  by  both  such  fine  and 
imprisonment. 

Section   2.      The   provisions   of   the   preceding  section  Not  to  apply  in 
shall  not  apply  to  fires  which  may  be  set  in  accordance  ''®''''''"  *'^^^^- 
with   regulations   and   methods   approved   by  the  superin- 
tendent for  suppressing  the  gy]isy  and  brown  tail  moths. 

Section  3.     The  state  forester  shall  notify  every  town  copi&s  of  act 
in  the  connnonwealth  of  the  passage  of  this  act  by  sending  *°   ^  ^°^^'^ 
at  least  three  printed  copies  thereof  to  the  town  clerk,  who 
shall  post  the  same  in  conspicuous  places. 

Section  4.     The  state  forester  and  forest  w-arden  may  Persons  vio- 
arrest  without  a  warrant  any  persons  found  in  the  act  of  visions'^of  this 
setting  a  fire  in  violation  of  any  provision  of  this  act.  arJested.^'^ 

Section  5.     The  selectmen  of  every  town  shall  cause  Acttobesub- 
this  act  to  be  submitted  to  the  voters  for  their  acceptance  ^oter^.  *° 
at  the  next  annual  meeting  of  the  to^vn  after  the  passage 
of  this  act.    The  vote  shall  be  taken  by  separate  ballot,  and 
shall  be  "'  Yes  "  or  "  jSTo  "  in  answ^er  to  the  following  ques- 
tion printed  upon  the  ballot :  '"  Shall  an  act  passed  by  the 
general  court  in  the  year  nineteen  hundred  and  eight,  en- 
titled '  An  Act  to  provide  for  the  protection  of  forest  or 
sprout  lands  from  fire  '  be  accepted  by  this  to^^m  ?  "      A  f^Jf  ^o  take 
majority  vote  of  the  legal  voters  present  and  voting  at  such 


156 


Acts,  1908.  — Chap.  210. 


meeting  shall  be  required  for  the  aece])taiice  of  this  aet; 
and  u]X)n  such  acceptance  the  ])rovisions  of  section  twenty- 
four  of  chapter  thirty-two  of  the  Revised  Laws  shall  cease 
to  apply  to  any  town  which  has  previously  accepted  that 
s(^ction.  Approved  March  IJi,  1908. 


Pay-rolls,  etc 
to  bear  certifi 
cate  of  civil 
ser\-ice  com- 
mission, etc. 


Chajy.^V)  An  Act  to  provide  that  all  pay-rolls,  bills  and  ac- 
counts FOR  SALARY  OR  COMPENSATION  OF  PERSONS  IN 
THE  SERVICE  OR  EMPLOYMENT  OF  TJIE  CITY  OF  BOSTON 
SHALL  BEAR  THE  CERTIFICATE  OF  THE  CIVIL  SERVICE 
COMMISSION. 

Be  it  enacted,  etc.,  as  folloirs: 

Section  1.  It  shall  he  unlawful  for  the  treasurer  or 
other  fiscal  officer  of  the  city  of  Boston  to  ]>ay  any  salary 
(ti-  coni])ensation  to  any  person  in  the  service  or  employ- 
ment of  the  city  unless  the  pay-roll,  bill,  or  account  for 
such  salary  or  compensation  shall  bear  the  certificate  of 
the  civil  service  commission,  or  its  authorized  agent  that 
the  ])ersons  named  in  such  pay-roll,  bill  or  account,  have 
been  appointed,  emj^loyed,  transferred,  or  ])romoted  in  ac- 
cordance with  the  civil  service  law  and  rules  so  far  as  the 
same  are  applicable,  or  in  case  of  doubt,  that  the  commis- 
sion authorizes  the  payment  of  such  salary  or  compensa- 
tion for  the  time  being. 

Section  2.  Every  such  pay-roll,  bill  or  account,  be- 
fore the  certificate  of  the  civil  service  commission  or  its 
authorized  agent  is  affixed  thereto,  shall  be  sworn  to  by  the 
head  of  the  department,  or  by  the  person  who  is  imme- 
diately responsible  for  the  a])pointment,  employment,  pro- 
motion or  transfer,  of  the  persons  named  thei-ein,  and  shall 
contain  the  following  information:  —  First,  full  name  of 
each  employee;  second,  title  of  his  office,  or  specific  natin-e 
of  the  labor  that  he  was  originally  engaged  to  perform  ; 
third,  kind  of  work  in  which  he  has  actually  been  employed 
since  the  submission  of  the  last  previous  pay-roll;  fourth, 
salary,  wages  or  other  compensation ;  fifth,  date  or  dates 
of  em])loyment ;  sixth,  the  civil  service  number  of  such 
employee  if  he  has  l)een  employed  after  certification  under 
the  civil  service  law^  and  rules. 

Section  3.  Any  ])erson  who  is  entitled  to  receive  the 
certificate  of  the  civil  service  commission  to  the  treasurer 
as  having  been  ai)i)oiiitcd,   emjtloyed,   transferred   or  jiro- 


To  be  made 
under  oath. 


To  contain 
certain  in- 
formation. 


Person  ag- 
grieved may 
file  petition, 
etc. 


Acts,  1908.  — Chaps.  211,  212.  157 

moted  in  accordance  with  tlie  civil  service  law  and  niles, 
and  who  is  refused  such  certiticate,  and  any  person  who 
has  so  been  certified  and  whose  name  has  illegally  been  re- 
moved from  a  pay-roll  by  reason  of  suspension  or  dis- 
charge by  any  officer  or  board  in  charge  of  a  department, 
may  file  a  petition  in  the  form  of  mandamus  in  the  su- 
perior or  supreme  judicial  court  to  compel  the  officer  or 
board  in  charge  of  such  department  to  reinstate  such  per- 
son, or  to  compel  the  civil  service  commission  to  issue  such 
certificate. 

Section  4.     Each  appointing,  employing,  or  other  offi-  Penalty, 
cer,  or  in  case  of  a  board,  each  member  thereof,  who  wil- 
fully refuses  or  neglects  to  comply  with  the  provisions  of 
this  act  shall  be  punishable  by  a  fine  of  not  less  than  twenty- 
five  nor  more  than  one  hundred  dollars  for  each  ofi'ense. 

Approved  March  14,  lOOS. 


Chap.2n 


An  Act  making  an  appropriation  for  opi:ratin(J  tjik 
north  metropoi>itan  system  of  sewage  disposal. 

Be  it  enacted^  etc.,  as  follows: 

Section    1.      A   sum   not   exceeding   one   huudred    and  '^Sr*^  metro- 

.  Till  -11  •  politan  system 

forty-Six  thousand  dollars  is  hereby  appropriated,  to  \)e  of  sewage 
paid  out  of  the  ISTorth  Metropolitan  »Systein  Maintenance 
Fund,  for  the  maintenance  and  operation  of  the  system  of 
sewage  disposal  for  the  cities  included  in  what  is  kno\\Ti  as 
the  north  metropolitan  system,  during  the  fiscal  year  end- 
ing on  the  thirtieth  day  of  ISTovember,  nineteen  hundred 
and  eight. 

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

Approved  March  1^,  1908. 


Chap.212 


An  Act  making  appropriations  for  the  salaries  and 
expenses  of  the  massachusetts  highway  commis- 
SION. 

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  specifictl,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eioht,  to  wit :  — 


tions. 


158 


Acts,  1908. 


Chap.  213. 


Massachusetts 

highway 

commission. 

Engineers, 
clerks,  etc. 


Expenses. 


Rent  of  offices. 


Annual  report. 


Road^building 
machinery. 


Registration 
of  motor 
vehicles. 


State 
highways. 


Suppression  of 
gypsy  and 
brown  tail 
moths. 


For  the  salaries  of  the  Massaelnist^tts  highway  eommis- 
sion,  the  sum  of  eighty-five  hundred  dollars. 

For  the  salaries  of  the  engineers,  clerks  and  assistants 
in  the  office  of  the  commission,  a  sum  not  exceeding  fifteen 
thousand  three  hundred  and  fifty  dollars. 

For  travelling  and  other  expenses  of  the  commissioners, 
printing,  postage  and  necessary  office  expenses,  a  sum  not 
exceeding  sixty-five  hundred  dollars. 

For  rent  of  offices  for  the  use  of  the  commission,  a  sum 
not  exceeding  forty-seven  hundred  and  fifty  dollars. 

For  printing  and  binding  the  annual  report  of  the  com- 
mission, a  sum  not  exceeding  twelve  hundred  dollars. 

For  care  and  repair  of  road-building  machinery,  a  sum 
not  exceeding  three  thousand  dollars. 

For  expenses  in  connection  with  the  registration  of  motor 
vehicles  and  the  licensing  of  operators  thereof,  a  sum  not 
exceeding  thirty  thousand  dollars. 

For  the  maintenance  of  state  highways,  for  the  present 
year  and  for  previous  years,  a  sum  not  exceeding  one  hun- 
dred thousand  dollars. 

For  expenses  in  connection  with  the  suppression  of  the 
gypsy  and  brow^n  tail  moths  on  state  highways,  a  sum  not 
exceeding  seven  thousand  dollars. 

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

Approved  March  IJf,  1908. 


Chap.213  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  one  hundred  and  five 
thousand  dollars  is  hereby  appropriated,  to  be  paid  out  of 
the  South  Metropolitan  System  Maintenance  Fund,  for 
the  cost  of  maintenance  and  operation  of  the  south  metro- 
politan system  of  sewage  disjxisal,  comprising  a  part  of 
Bosttm,  the  cities  of  Newton  and  Waltham,  and  the  towns 
of  Brookline,  Watertown,  Dedham,  TTyde  Park  and  Milton, 
during  the  fiscal  year  ending  on  the  thirtieth  day  of  No- 
vember, nineteen  hundred  and  eight. 

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

Approved  March  14,  1908. 


Acts,  1908.  — Chap.  214.  159 


An  Act  to  authorize  the  town  of  ipswich  to  make  (7/^«r>.214 

AN  ADDITIONAL   WATER   LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Ipswich,  for  the  purposes  men-  ipswich  Water 
tioned  in  chapter  three  hundred  antl  thirteen  of  the  acts  of 
the  year  eighteen  hundred  and  ninety  and  acts  in  amend- 
ment thereof,  may  issue  from  time  to  time  bonds,  notes  or 
scrip  to  an  amount  not  exceeding  thirty  thousand  doUars 
in  addition  to  the  amounts  heretofore  authorized  by  law  to 
be  issued  by  said  town  for  water  works  purposes.  Such 
bonds,  notes  or  scrip  shall  bear  on  their  face  the  words, 
Ipswich  Water  Loan,  1908;  shall  be  payable  at  the  expira- 
tion of  periods  not  exceeding  thirty  years  from  the  dates 
of  issue;  shall  bear  interest,  payable  semi-annually,  at  a 
rate  not  exceeding  six  per  cent  per  annum ;  and  shall  be 
signed  by  the  treasurer  of  the  town  and  countersigned  by 
the  water  commissioners.  Said  town  may  sell  such  securi- 
ties at  public  or  private  sale,  or  pledge  the  same  for  money 
liorrowed  for  the  purposes  of  this  act,  upon  such  terms  and 
conditions  as  it  may  deem  proper:  provided,  that  such  se-  Proviso, 
curities  shall  not  be  sold  for  less  than  the  par  value  thereof. 

Section  2.  Said  town  shall,  at  the  time  of  authorizing  Payment  of 
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,  a  sum 
which,  with  the  income  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  or 
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  as- 
sessed by  the  assessors  of  the  town  in  each  year  thereafter, 
in  the  manner  in  which  other  taxes  are  assessed,  until  the 
debt  incurred  by  said  loan  is  extinguished. 

Section  3.     This  act  shall  take  effect  upon  its  accept-  when  to  take 
ance  by  a  majority  of  the  voters  of  the  town  of  Ipswich 
voting  thereon  at  any  town  meeting,  or  at  a  special  meet- 
ing duly  called  for  the  purpose. 

Approved  March  14,  1908. 


160 


Acts,  1908.  — Chaps.  215,  216. 


1906,  534.  S  3, 
etc.,  amended. 


bonds,  etc. 


Chap.215  An  Act  kelativk  to  the  enlakgi:mk\t  of  the  coukt 

HOUSE  IN   THE   COUNTY   OF  SUFFOLK. 

Be  it  enacted,  etc.,  as  foUows: 

Section  1.  Section  three  of  chapter  five  hinidred  and 
thirtj'-four  of  the  acts  of  the  year  nineteen  hundred  and 
six,  as  amended  by  cliapter  two  hundred  and  nine  of  the 
acts  of  the  year  nineteen  hundred  and  seven,  is  hereby  fur- 
ther amended  by  inserting  after  the  word  "  hundred  ",  in 
the  eighth  line,  the  words :  —  and  seventy-five,  —  so  as  to 
Treasurer  and  rcad  as  follows :  —  Seci'wn  3.  For  the  purpose  of  carrj- 
erai  may  issue  ing  out  the  provisious  of  this  act  the  treasurer  and  receiver 
general  of  the  connnonwealth  is  hereby  anthorizcMl  and  re- 
quired to  issue  in  the  name  and  behalf  of  the  common- 
wealth, bonds,  notes  or  scrip  sufficient  in  amount  to  defray 
the  cost  of  the  work  herein  authorized.  The  total  expense 
of  additional  stories,  and  of  alterations  in  and  additions  to 
the  present  building,  shall  not  exceed  the  sum  of  eight  hun- 
dred and  seventy-five  thousand  dollars.  The  said  bonds, 
notes  or  scrip  shall  be  issued  and  sold  at  such  times,  in 
such  amounts  and  upon  such  terms  and  shall  be  made  pay- 
able in  such  periods,  not  exceeding  thirty  years,  as  the 
governor  and  council  shall  approve. 

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

Approved  March  Ui,  1908. 


Chap.216 


Apportion- 
ment of  side- 
walk a.ssess- 
ments,  etc. 


An  Act  to  provide  for  the  apportionment  of  side- 
walk ASSESSMENTS  AND  FOR  THE  PAYMENT  OF  INTEREST 
THEREON. 

Be  it  enacted,  etc.,  as;  folloirs: 

Section  1.  If  in  any  city  or  town  the  owner  of  land, 
within  thirty  days  after  receiving  notice  of  a  sidewalk  as- 
sessment thereon  or  of  any  charges  made  for  widening  or 
otherwise  improving  any  sidewalk,  notifies  in  writing  the 
lM)ard  of  assessors  to  ap]>ortion  the  same,  the  assessors  shall 
apportion  it  into  such  number  of  ecjual  parts,  not  exceed- 
ing ten,  as  the  owner  shall  request  in  said  notice,  but  no 
one  of  said  parts  shall  be  less  than  the  sum  of  five  dollars; 
and  the  assessors  may,  in  their  discretion,  without  said 
notice  to  them,  make  such  an  ap]K)rtionment  at  any  time 
before  proceedings  to  enforce  the  collection  of  the  assess- 
ment or  other  charge.  The  assessors  shall  add  one  of  said 
parts,   with   interest  on   the  principal  sum   from   the  date 


Acts,  1908.  — Chaps.  217,  218.  IGl 

of  apportionment,  to  the  tax  on  said  land  for  the  year  in 
which  the  assessment  or  other  charge  is  made;  and  annu- 
ally thereafter  they  shall  add  to  said  annual  tax  another 
of  said  parts  with  interest  on  the  unpaid  balance  of  the 
principal  from  the  date  of  the  last  aimual  assessment,  until 
all  the  parts  have  so  been  added. 

Section  2.     This  act  shall  take  effect  in  any  city  upon  when  to  take 
its  acceptance  by  the  city  council  of  the  city  with  the  ap-  ®^®°*' 
proval  of  the  mayor,  and  it  shall  take  effect  in  any  town 
upon  its  acceptance  by  a  majority  of  the  voters  voting 
thereon  at  any  annual  town  meeting  or  at  a  special  town 
meeting  duly  called  for  the  purpose. 

Approved  March  H,  1908. 


Chap.2n 


An  Act  relative  to  advektisements  coxceening  em- 
ployment. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     It  shall  be  unlawful  knowingly  to  cause  to  Publishing, 
be  printed  or  published  a  false  or  fraudulent  notice  or  ad-  alfvenise*!'^*^'" 
vertisement  for  help  or  for  obtaining  work  or  employment.  ^roWbited.' 

Section  2.     Whoever  violates  the  provisions  of  this  act  Penalty, 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars  or  by  imprisonment  for  not  more  than  three  months, 
or  by  both  such  fine  and  imprisonment. 

Approved  March  H,  1908. 

An  Act  relative  to  the  sessions  of  the  probate  court  pj^rjry^  oiq 

FOR  THE  COUNTY  OF  ESSEX. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  probate  court  for  the  county  of  Essex  sittings  of 
shall  be  held  at  Salem  on  the  first,  third  and  fifth  Mon-  PountyVf""""*' 
days  of  each  month,  except  August,  and  on  the  first  Mon-  ^^®®''- 
day  of  August;   at  Lawrence  on  the  second  Monday  of 
each  month,  except  August ;  at  Newburyport  on  the  fourth 
Monday  of  each  month,  except  April,  August,  and  Octo- 
ber ;  and  at  Haverhill  on  the  fourth  Monday  of  April  and 
October, 

Section  2,     So  much  of  section  sixty  of  chapter  one  Repeal, 
hundred  and  sixty-two  of  the  Revised  Laws  as  is  incon- 
sistent herewith  is  hereby  repealed. 

Section  3,     This  act  shall  take  effect  on  the  first  day  when  to  take 
of  July,  nineteen  hundred  and  eight,  ^^^''^' 

Approved  March  14,  1908. 


162 


Acts,  1908.  — Chaps.  219,  220,  221. 


R.  L.  no,  §  86, 
aHiendeil. 


(7Aa/9.219  An  Act  eelative  to  fees  for  filing  and  recording 

CERTIFICATES    REQUIRED    IN    ORGANIZING    CERTAIN    COR- 
PORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eighty-six  of  chapter  one  hundred 
and  ten  of  the  Revised  Laws  is  hereby  amended  by  strik- 
ing out  after  the  word  "  five ",  in  the  eighth  line,  the 
words  ''  nor  more  than  two  hundred  ",  —  so  that  the  first 
two  paragraphs  of  said  section  will  read  as  follows :  —  The 
fees  for  filing  and  recording  the  certificates  which  are  re- 
quired by  this  and  the  preceding  chapter  to  be  filed  with 
the  secretary  of-  the  commonwealth  shall  be  as  follows :  • — 

For  filing  and  recording  the  certificates  required  by 
sections  twenty  and  twenty-one,  including  the  issuing  of 
the  certificate  of  organization  by  the  secretary,  one  twen- 
tieth of  one  per  cent  of  the  amount  of  the  capital  stock  as 
fixed  by  the  agreement  of  association ;  but  not  less  in  any 
case  than  five  dollars. 

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

Approved  March  IJ^,  1908. 


Fees  for  filing, 
etc.,  certifi- 
cates of 
organization. 


Cha'p.^%)  An    Act   to   provide   for   the   abatement   of   unpaid 

TAXES   OF  DOMESTIC    CORPORATIONS. 

Be  it  enacted,  etc.,  as  folloics: 
Certain  unpaid       Section  1.     Taxcs  asscsscd  ou  the  corporate  franchises 

taxes  may  be  .  .  i   •    i  'in  i 

abated,  etc.  of  doiucstic  corporatious  wliich  are  unpaid  and  are  uncol- 
lectible may  be  abated  by  the  board  of  appeal  on  the  rec- 
ommendation of  the  attorney-general  and  tax  commissioner 
at  any  time  after  the  expiration  of  five  years  from  the 
date  of  the  certification  of  such  taxes  to  the  treasurer  and 
receiver  general. 

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

Approved  March  IJf,  1908. 


Chap.221       An  Act  relative  to  the  inspection  of  buildings. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  four  of  chapter  one  hundred  and 
four  of  the  Eeviscd  Laws  is  hereby  amended  by  striking 
out  the  word  "  eight  ",  in  the  second  line,  and  inserting  in 


R.  L.  104,  §  4, 
amended. 


Acts,  1908.  — Chap.  222.  163 

place  thereof  the  word  :  —  six,  —  so  as  to  read  as  follows : 
—  Section  Jh  In  a  city  or  town  which  accepts  the  provi-  by'-f^fing""  °^ 
sions  of  this  and  the  six  following  sections  or  has  accepted 
the  corresponding  provisions  of  earlier  laws,  the  superin- 
tendent of  public  buildings  or  such  other  officer  as  the 
major  and  aldermen  of  said  city  or  the  selectmen  of  said 
town  may  designate  shall  be  inspector  of  buildings,  and, 
immediately  upon  being  informed  by  report  or  otherwise 
that  a  building  or  other  structure  or  anything  attached  to 
or  connected  therewith  in  said  city  or  town  is  unsafe  or 
dangerous  to  life  or  limb,  shall  inspect  the  same ;  and  if 
it  appears  to  him  to  be  dangerous,  he  shall  forthwith  in 
writing  notify  the  owner,  agent  or  any  person  having  an 
interest  therein  to  remove  it  or  make  it  safe  and  secure. 
If  it  appears  that  such  structure  would  be  specially  unsafe 
in  case  of  fire,  it  shall  be  deemed  dangerous  within  the 
meaning  hereof,  and  the  inspector  may  affix  in  a  conspicu- 
ous place  upon  its  exterior  walls  a  notice  of  its  dangerous 
condition,  which  shall  not  be  removed  or  defaced  without 
authority  from  him. 

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

Approved  March  1^,  1908. 

An  Act  relative  to  the  surrexder  charge  of  life  in-  /^t,,,^  909 

SURANCE  policies  ISSUED  BY  SAVINGS  BANKS.  ^"^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eleven  of  chapter  five  hundred  and  1907, 56i,  §  11, 

..      ,  !•      1  •  1111    aiiiended. 

sixty-one  ol   tiie   acts  01   tlie  year  nineteen   iiundred   and 

seven  is  hereby  amended  by  striking  out  the  words  "  the 

surrender  charge  of  one  per  cent  ",   in  the  twelfth  line, 

and  inserting  in  place  thereof  the  words :  —  a  surrender 

charge  of  not  more  than  one  per  cent  of  the  face  value  of 

the  policy,  —  so  as  to  read  as  follows :  —  Section  11.     ISTo  poiicy  not  to 

policy  of  life  or  endowment  insurance  or  annuity  contract  f'eit°™l!°after 

issued  by  any  savings   and  insurance  bank   shall   become  ^ents\ave" 

forfeit  or  void  for  non-payment  of  premium  after  six  full  been  made, 

months'  premiums  have  been  paid  thereon ;  and  in  case  of 

default  in  the  payment  of  any  subsequent  premium,  then, 

without  any  further  stipulation  or  act,   such  policy  shall 

be  binding  upon  the  bank  at  its  option,  either  (a)  for  the 

cash  surrender  value  or   (&)   for  the  amount  of  paid  up 

insurance  which  the  then  net  value  of  the  policy  and  all 


164: 


Acts,  1908.  — Chaps.  223,  224. 


dividend  additions  tboroon,  less  any  indebtedness  to  the 
bank  on  acconnt  of  said  policy,  and  less  a  surrender  charge 
of  not  more  than  one  per  cent  of  the  face  value  of  the 
policy,  will  purchase  as  a  net  single  premium  for  life  or 
endovmient  insurance,  maturing  or  terminating  at  the  time 
and  in  the  manner  provided  for  in  the  original  policy  con- 
tract, or  (c)  for  the  amount  of  paid  uj)  term  insurance 
which  such  net  value  would  purchase. 

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

Approved  March  IJf,  1908. 

ChapJ2i'2i^  An  Act  to  authokize  the  city  of  boston  to  pay  an 

ANNUITY  TO  MAKY  LYNCH. 

Be  it  enacted,  etc.,  as  follows: 

may  ply^r**""  Section  1.  The  city  of  Boston  is  hereby  authorized  to 
to  Mary""""^^  pay  a  sum  not  exceeding  twenty-five  dollars  per  month,  so 
Lynch.  long  as  shc  shall  live,  to  Mary  Lynch,  the  mother  of  John 

T.  Lynch  late  a  member  of  the  police  department  of  the 
said  city,  who  was  murdered  in  the  discharge  of  his  duty, 
^ec"  *°  ^^^^        Section  2.     This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council  of  the  city  of  Boston. 

Approved  March  IJf.,  1908. 


1900,  405,  §  1, 
clc,  repealed. 


C^«p.224  An  Act  kelative  to  the  construction  of  streets  in 

THE   city  of   CAMBRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  four  hundred  and 
five  of  the  acts  of  the  year  nineteen  hundred,  and  chapter 
four  hundred  and  thirty-six  of  the  acts  of  the  year  nine- 
teen hundred  and  three,  are  hereby  repealed  ;  and  the  re- 
strictions, if  any,  imposed  upon  lands  under  proceedings 
heretofore  taken  under  the  provisions  of  said  acts  are 
hereby  terminated. 

Section  2.  This  act  shall  take  effect  u])()u  its  accept- 
ance by  the  city  council  of  the  city  of  Cambridge  w'ithin 
six  months  after  its  passage. 

Approved  March  U,  1908. 


W^hen  to  take 
effect. 


Acts,  1908.  — Chaps.  225,  226,  227.  165 

An  Act  to  authokize  the  teustees  of  the  new  hos-  (7/^a79.225 

PITAL    FOR    CONSUMPTIVES    IN    THE    CITY    OF    BOSTON    TO 
HIKE   BEDS   IN   PRIVATE   HOSPITALS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  trustees  of  the  new  hospital  for  con-  Beds  may  be 
snmptives  in  the  city  of  Boston  are  hereby  authorized  to  vate  hospitals, 
hire  beds  in  private  hospitals  for  the  use  of  needy  tuber- 
culous patients  who  are  residents  of  said  city,  until  the 
said  new  hospital  is  completed ;  but  the  said  beds  shall  not 
exceed  one  hundred  in  number,  and  the  price  paid  there- 
for shall  not  exceed  eight  dollars  a  week  for  each  bed. 

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

Approved  March  U,  1908. 


Chap.226 


An  Act  relative  to  the  redemption  of  real  estate 

SOLD  for  non-payment  OF  TAXES. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.      In   all  cases  where  relief  is  obtained   in  Redemption  of 
equity  under  section  seventy-five  of  chapter  thirteen  of  the  soidlor^non- 
Revised   Laws,    as   amended   by   section   three   of   chapter  t'^xi?'^"*  °^ 
three  hundred  and  twenty-five  of  the  acts  of  the  year  nine- 
teen hundred  and  five,  if,  prior  to  the  commencement  of 
his  suit,  the  plaintiff  tendered  to  the  defendant  an  amount 
sufficient  to  cover  the  original  sum,  interv^ening  taxes,  costs, 
and  interest  at  the  rate  of  eight  per  cent  per  annum,  to 
the  date  of  tender,  the  defendant  shall  be  entitled  to  in- 
terest at  said  rate,  for  two  years  only  from  the  time  of 
taking  or  sale,   and  the  court  shall  allow  to  the  plaintiff  Counsel  fee. 
such  counsel  fee  as  it  may  deem  reasonable ;  said  amount 
to  be  deducted  from  the  sum  which  it  is  determined  the 
plaintiff'  must   pay  the   defendant  for  the   redemption  of 
his  land. 

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

Approved  March  18,  1908. 


An  Act  relative  to  sittings  of  the  probate  court  for 

THE  county  of  WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  sixty  of  chapter  one  hundred  and  R.  L.162,  §6o. 
sixty-two  of  the  Revised  Laws  is  liereby  amended  by  in- 


Chap.221 


amended. 


Worcester 
county. 


166  Acts,  1908.  — Chaps.  228,  229. 

serting  after  the  word  "  lliird  ",  in  the  second  line  of  the 
last  clause  thereof,  the  word  :  — -  fourth,  —  and  by  striking 
out  all  after  the  word  ''  August  ",  in  said  second  line,  -;— 
so  that  the  last  clause  of  said  section  will  read  as  follows: 
—  For  the  county  of  Worcester,  at  Worcester,  on  the  first, 
second,  third,  fourth  and  fifth  Tuesday  of  each  month  ex- 
cept August. 

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

Approved  March  18,  1908. 

Chcip.2i2o  An  Act  to  exempt  certain  offices  from  the  provi- 
sions OF  THE  ACT  RELATIVE  TO  PUBLIC  SERVICE  COR- 
PORATIONS   AND    THEIR    EMPLOYEES. 

Be  it  enacted,  etc.,  as  follows: 

amended.'  ^  ^''  Sectiou  two  of  chapter  three  hundred  and  twenty  of  the 
acts  of  the  year  nineteen  hundred  and  three  is  hereby 
amended  by  striking  out  the  word  "  and  ",  in  the  second 
line,  and  by  inserting  after  the  word  "  }3eace ",  in  the 
same  line,  the  words :  — -  prison  officer,  agent  of  the  prison 
commissioners  and  agent  of  the  board  of  charity,  —  so  as 
norr<l"be^on-  ^o  read  as  follows:  —  Section  2.  The  offices  of  probation 
t&^^  P"'^''^  officer,  notary  public,  justice  of  the  peace,  prison  officer, 
agent  of  the  prison  commissioners  and  agent  of  the  board 
of  charity  shall  not  be  considered  public  offices  within  the 
meaning  of  this  act.  Approved  March  18,  1908. 

Chap.229  An  Act  to  define  the  flag  of  the  commonwealth. 

Be  it  enacted,  etc.,  as  foUoivs: 
FiaK  of  the  xhe  flae;  of  the  commonwealth  of  Massachusetts  shall 

common-  ^  o 

wealth  defined,  bear  ou  ouc  Side  a  representation  of  the  coat-of-arms  of  the 
commonwealth,  as  prescribed  by  section  one  of  chapter  two 
of  the  Eevised  Laws,  upon  a  white  field,  and  on  the  other 
side  a  blue  shield  bearing  a  representation  of  a  green  pine 
tree,  upon  a  white  field.  AVhon  carried  as  colors  by  troops 
or  otherwise,  the  flag  shall  be  bordered  by  a  fringe  and 
surmounted  by  a  cord  and  tassels,  the  fringe,  cord  and 
tassels  to  be  of  golden  yellow.  The  staff  shall  be  of  white 
ash  or  of  wood  of  a  similar  light  color,  tipped  with  a  spear- 
head of  gilt.  Approved  March  18,  1908. 


Acts,  1908.  — Chaps.  230,  231,  232.  167 


An  Act  relative  to  the  teansfek  of  prisoners.        Chap.230 
Be  it  enacted,  etc.,  as  follows: 

Section   1.     The  board  of  prison  commissioners  may  Transfer,  etc., 
delegate  to  the  chairman  of  the  board  anv  of  its  anthority 
to  remove  and  transfer  prisoners. 

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

Approved  March  18,  1908. 

An  Act  to  provide  for  the  appointment  of  a  second  (7/ia».231 
assistant  register  of  probate  and  insolvency  for 

THE   county  of  SUFFOLK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  judges  of  probate  and  insolvency  for  Second  assist- 
the  county  of  Suffolk  may  appoint  a  second  assistant  regis-  probafe^and' 
ter  of  probate  and  insolvency  for  said  county,  who  may  be  suffo'irc'cfunty, 
a  woman,  who  shall  hold  office  for  three  years  unless  sooner  appointment, 
removed   by   the   judges.      Said    second    assistant   register 
shall  receive  an  annual  salary  of  twenty-five  hundred  dol- 
lars, to  be  paid  from  the  treasury  of  the  commonwealth, 
but  in  all  other  respects  shall  be  subject  to  the  provisions 
of  the  Revised  Laws  and  of  all  acts  in  amendment  thereof 
or  in  addition  thereto  relative  to  assistant  registers  of  pro- 
bate and  insolvency.      The  signing  of  the  name  of  said 
second  assistant  register,  followed  by  the  designation,  — 
Assistant  Register,  —  shall  be  a  sufficient  official  signature. 

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

Approved  March  IS,  1908. 

An  Act  relative  to  sentences  to  the  Massachusetts  (JJiq/y)  232 
reformatory. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-seven  of  chapter  two  hundred  and  twenty  R.  l.  220,  §  27, 
of  the  Revised  Laws  is  hereby  amended  by  striking  out 
the  word  "  crime  ",  in  the  second  line,  and  inserting  in 
place  thereof  the  word :  —  felony,  —  and  by  striking  out 
the  words  "  upon  conviction  of  crime  ",  in  the  second  and 
third  lines,  so  as  to  read  as  follows :  —  Section  21.  A  ?STby"^i- 
male  person  under  fortv  vears  of  age  who  has  not  been  pnsonment  in 

^  '      ■  II-  the  Massachu- 

previously  sentenced  for  felony  more  than  three  times  and  fetts  re- 

i-  'J  'J  formatory. 


1(38  Acts,  1908.  — Chap.  233. 

who  is  convicted  of  a  crime  which  is  punishable  by  impris- 
onment in  the  state  prison  or  in  a  jail  or  house  of  correc- 
tion may  be  sentenced  to  the  Massachusetts  reformatory. 
Police,  district  and  municipal  courts  and  trial  justices  shall 
have  the  same  jurisdiction  to  sentence  such  person  to  said 
reformatory  as  they  have  to  sentence  him  to  such  jail  or 
house  of  correction.  Approved  March  IS,  1908. 

Chap.233  An  Act  to  extend  the  peovisions  of  section  twenty- 
seven  OF  CHAPTER  ONE  HUNDRED  AND  TW'ENTY-TW^O  OF 
THE  REVISED  LAWS  TO  STREET  RAILWAY  COMPANIES, 
ELECTRIC  RAILROAD  COMPANIES  AND  MUNICIPALITIES 
ENGAGED  IN  THE  MANUFACTURE  AND  SALE  OF  ELEC- 
TRICITY, AND  TO  INCREASE  THE  PENALTY  THEREIN  PRO- 
VIDED  IN   CERTAIN    CASES. 

Be  it  enacted,  etc.,  as  follows: 

akeiide'd.'  ^  ^"'  Section  twenty-seven  of  chapter  one  hundred  and  twenty- 
tw^o  of  the  Revised  Laws  is  hereby  amended  by  inserting 
after  the  ^vord  "  property  ",  in  the  third  line,  the  words : 

—  of  any  street  railway  company,  of  any  electric  railroad 
company,  or  of  any  city  or  town  engaged  in  the  manu- 
facture and  sale  of  electricity  for  light,  heat  or  power  or, 

—  and  by  adding  at  the  end  thereof  the  words :  —  and 
whoever  shall  do  any  of  the  acts  prohibited  by  this  section 
between  the  hours  of  four  o'clock  in  the  afternoon  and 
seven  o'clock  in  the  morning  shall  be  punished  by  a  fine 
of  not  more  than  one  thousand  dollars  or  by  imprison- 
ment for  not  more  than  four  years,  or  by  both  such  fine 

Penalty  for       and  imprisonment,  - —  so  as  to  read  as  follows :  —  Section 
property  of'^'    ^7.     Whocvor  Unlawfully  and  intentionally  injures,  mo- 
etc^.^eTgag'ed     Icsts  or  dcstroys  any  line,  wire,  jx)le,  pier  or  abutment,  or 
facture^'etT'of  any  of  the  materials  or  property  of  any  street  railway 
electricity,  etc.  company,  of  any  electric  railroad  company,  or  of  any  city 
or  town  engaged  in  the  manufacture  and  sale  of  electricity 
for  light,  heat  or  power  or  of  any  company,  owner  or  asso- 
ciation described  in  sections  one  and  twenty-five  shall  be 
punished  by  a  fine  of  not  more  than  five  hundred  dollars 
or  by  imprisonment  for  not  more  than  two  years,  or  by 
both  such  fine  and  imprisonment;  and  whoever  shall  do 
any  of  the  acts  prohibited  by  this  section  between  the  hours 
of  four  o'clock  in  the  afternoon  and  seven  o'clock  in  the 


Acts,  1908.  — Chaps.  234,  235.  169 

morning  shall  be  punished  by  a  fine  of  not  more  than  one 
thousand  dollars  or  by  imprisonment  for  not  more  than 
four  years,  or  by  both  such  line  and  imprisonment. 

Approved  March  18,  1908. 

An  Act  to  authorize   the  city  of  lynn  to  extend  (JJi^yj  234 

MARKET  STREET  TO  THE   NAHANT  LINE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Lynn  is  hereby  authorized,  Market's"reet 
subject  to  the  provisions  of  chapter  ninety-six  of  the  Re-  |^^  l  ^nn*^ 
vised  Laws,  within  three  years  after  the  passage  of  this 
act,  to  extend  and  lay  out  Market  street  in  that  city,  to  a 
width  not  exceeding  one  hundred  feet,  from  its  present 
terminus  at  Lynn  harbor  across  the  flats  in  said  harbor  to 
the  Nahant  line,  and  to  construct  the  same  either  with  or 
without  a  bridge  and  draw  therein,  so  as  to  permit  the 
approach  of  vessels  to  the  basin  formed  by  said  street  and 
the  harlior  front. 

Section  2.     All  damages  sustained  by  any  person  or  Damages, 
corporation   by  the  taking  of  land   or   any   right   therein 
under  this  act,  may  be  assessed  by  a  jury  of  the  superior 
court  in  the  manner  provided  by  law  with  respect  to  the 
damages  sustained  by  the  laying  out  of  ways. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  18,  1908. 

An  Act  relative  to  the  otis  company.  (Vinii  SS'S 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  of  the  acts  of  the  year  eight-  i840,  s  etc., 
een  hundred  and  forty,  being  "  An  Act  to  incorporate  the 
Otis  Comijany  ",  as  amended  by  chapter  two  of  the  acts 
of  the  year  eighteen  hundred  and  seventy-two,  is  hereby 
further  amended  by  inserting  after  the  word  "  Palmer  ", 
in  the  fifth  line  of  said  act  of  the  year  eighteen  hundred 
and  seventy-two,  the  words :  —  and  make,  sell  and  dis- 
tribute gas  for  light,  heat,  cooking,  fuel,  chemical  and 
mechanical  purposes  in  the  town  of  Ware,  —  by  striking 
out  the  word  "  eight  ",  in  the  seventh  line,  and  inserting 
in  place  thereof  the  word :  —  twelve,  —  so  that  said  chap- 
ter as  amended  will  read  as  follows :  —  Chapter  three  of  The  otis  Com- 
the  acts  of  the  year  eighteen  hundred  and  forty,  being  an  manufacture, 


170 


Acts,  1908.  — Chap.  23G. 


etc.,  certain 
goods,  etc. 


May  hold 
real  estate. 


Capital  stock. 


The  Ware  Gas 
Light  Com- 
pany may 
convey,  etc., 
its  properly, 
etc.,  to  the 
Otis  Company, 
etc. 


Payment  of 
debts,  etc. 


Certain  pro- 
vi.sions  of  law 
to  apply. 


act  to  incorporate  the  Otis  Company,  is  hereby  so  amended 
that  the  said  company  may  carry  on  the  manufactnre  of 
cotton,  woolen,  silk  and  linen  goods  and  machinery,  in  the 
towns  of  Ware  and  Palmer,  and  make,  sell  and  distribute 
gas  for  light,  heat,  cooking,  fuel,  chemical  and  mechanical 
purposes  in  the  town  of  Ware ;  and  hold  real  estate  in 
Hampshire,  Hampden,  and  Worcester  counties,  for  said 
purposes,  not  exceeding  the  sum  of  twelve  hundred  thou- 
sand dollars  in  all ;  and  increase  its  capital  stock  to  a  sum 
not  exceeding  twelve  hundred  thousand  dollars  in  all. 

Section  2.  The  Ware  Gas  Light  Company,  a  corpora- 
tion organized  under  the  laws  of  this  commonwealth,  is 
hereby  authorized,  upon  vote  of  two  thirds  in  interest  of 
its  stockholders,  at  a  meeting  legally  called  for  the  pur- 
pose, to  assign,  transfer  and  convey  its  property,  locations, 
rights,  licenses,  powers,  privileges  and  franchises  to  the 
said  Otis  Company,  which  is  hereby  authorized,  when  the 
said  Ware  Gas  Light  Company  has  so  voted  and  that  fact 
has  duly  been  certified  to  the  board  of  gas  and  electric 
light  commissioners,  upon  a  vote  of  two  thirds  in  interest 
of  its  stockholders,  at  a  meeting  legally  called  for  the  pur- 
pose, to  acquire  the  same,  and  upon  such  assignment, 
transfer  and  conveyance  by  the  said  Ware  Gas  Light  Com- 
pany the  Otis  Company  shall  succeed  to,  hold  and  enjoy 
the  said  property,  locations,  rights,  licenses,  powers,  privi- 
leges and  franchises,  and  shall  be  subject  to  the  duties 
and  restrictions  of  the  said  Ware  Gas  Light  Company  so 
far  as  the  same  are  applicable  to  said  Otis  Company. 

Section  3.  The  said  Otis  Company  shall  assume  and 
pay  all  debts  and  liabilities  of  the  said  Ware  Gas  Light 
Company  outstanding  and  existing  at  the  time  of  the. said 
transfer. 

Section  4.  Section  seventy-six  of  chapter  one  hundred 
and  ten  and  chapter  one  hundred  and  twenty-one  of  the 
Eevised  Laws  shall,  so  far  as  tlie  same  are  applicable, 
apply  to  said  Otis  Company. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  IS,  1908. 


CAa».23(3       An  Act  relative  to  the  chattel  loan  company. 

Be  it  enacted,  etc.,  as  foUoivs: 
1907,41,5,  §  1,         Section   1.      Chapter  four  hundred   and  fifteen  of  the 

acts  of  the  year  nineteen  hundred   and  seven  is  hereby 


Acts,  1908.  — Chap.  236.  171 

amended  by  striking  OTit  section  one  and  inserting  in  place 
thereof  the  following:  —  Section  1.  John  Humphrey,  The  Chattel 
Joshna  F.  Lewis,  David  L.  Bolo-er,  Daniel  Dinsmore,  pany  incoV- 
Edwin  Sweetser,  George  H.  Faxon  and  William  A.  Fin-  ''°^^^"''- 
nej,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Chattel  Loan  Company, 
to  be  located  in  Boston,  for  the  purpose  of  loaning  money 
upon  pledge  or  mortgage  of  personal  property,  or  upon 
safe  security  or  securities  of  any  kind,  that  may  be  ap- 
proved by  the  board  of  directors ;  and  all  the  powders  and 
privileges  necessary  for  these  purposes  are  hereb}'  con- 
ferred upon  said  corporation,  and  said  corporation  shall 
also  have  and  enjoy  all  the  powers  and  privileges  and  be 
subject  to  all  the  duties,  restrictions  and  liabilities  set 
forth  in  chapter  one  hundred  and  nine  of  the  Revised 
Laws  and  in  all  general  laws  now  or  hereafter  in  force 
relating  to  such  corporations.  Said  corporation  shall  be- 
gin to  do  business  on  or  before  the  first  day  of  January 
in  the  year  nineteen  hundred  and  nine. 

Section  2.     Section  two  of  said  chapter  four  hundred  ^mJ^dg^f ;  ^  "• 
and  fifteen  is  hereby  amended  by  striking  out  the  word 
"  July ",    in    the    eleventh    line,    and    inserting    in    place 
thereof  the  word :  —  January,  —  and  by  striking  out  the 
word  "  nine  ",  in  the  twelfth  line,  and  inserting  in  place 
thereof  the  word :  —  ten,  —  so  as  to   read  as  follows  :  — 
Section  2.     The  capital  stock  of  said  corporation  shall  be  Capital  stock, 
fifty  thousand   dollars,   to  be   divided  into   shares  of  one 
hundred  dollars  each,  and  to  be  paid  for  at  such  times  and 
in   such  manner   as   the  board   of   directors   shall   decide : 
provided,  that  no  business  shall  be  transacted  by  said  cor-  Proviso, 
poration  until  said  amount  is  subscribed  for  and  actually 
paid  in ;  and  no  certificate  of  shares  shall  be  issued  until 
the  par  value  of  such  shares  shall  have  actually  been  paid 
in   in   cash.      Said   corporation   shall   increase    its   capital  p^p[f^f|togk 
stock  to  the  amount  of  seventy-five  thousand  dollars  on  or 
before  the  first  day  of  January  in  the  year  nineteen  hun- 
dred and  ten,  and  may  further  increase  its  capital  stock 
from  time  to  time  until  the  same  amounts  to  two  hundred 
and  fifty  thousand  dollars. 

Sectioit  3.      Section  seven  of  said  chapter  four  hun-  1907. 415,  §  7, 
dred  and  fifteen  is  hereby  amended  by  inserting  after  the  ^^^^ 


'■is 


word  "  compensation  ",  in  the  fourth  line,  the  words :  — 
and  the  rate  of  interest  to  be  charged,  —  and  by  striking 
out  the  words  "  the  page  of  the  book  w^here  it  is  recorded  ", 


172 


Acts,  1908.  — Chap.  237. 


Regulations 
concerning 
loans,  etc. 


1907.  415,  §  9, 
amended. 


Rate  of 
interest. 


in  the  sixth  line,  so  as  to  read  as  follows :  —  Section  7. 
The  corporation  shall  give  to  each  pledgor  a  card  inscribed 
with  the  name  of  the  corporation  and  of  the  article  or 
articles  pledged,  the  name  of  the  pledgor,  the  amount  of 
the  loan,  the  rate  of  c(mipensation,  and  the  rate  of  inter- 
est to  be  charged,  the  date  when  the  loan  is  made,  the  date 
when  it  will  be  payable,  and  a  copy  of  sections  eight  and 
nine  of  this  act. 

Section  4,  Section  nine  of  said  chapter  four  hundred 
and  fifteen  is  hereby  amended  by  adding  at  the  end  thereof 
the  words :  —  and  shall  be  governed  by  the  provisions  of 
section  sixty  of  chapter  one  hundred  and  two  of  the  Re- 
vised Laws  as  to  the  amonnts  to  be  charged  as  the  expense 
of  making  and  secnring  its  loans,  —  so  as  to  read  as  fol- 
lows :  —  Section  9.  Said  corporation  shall  in  no  case 
charge  interest  at  a  rate  exceeding  one  and  one  half  per 
cent  per  month,  and  shall  be  governed  by  the  provisions 
of  section  sixty  of  chapter  one  hundred  and  two  of  the 
Revised  Laws  as  to  the  amonnts  to  be  charged  as  the  ex- 
pense of  making  and  secnring  its  loans. 

Section  5.     This  act  shall  take  eifeet  npon  its  passage. 

Approved  March  18,  1908. 


Chap.237  An  Act  to  make  uniform  the  law  relating  to  the 

SALE   OF   GOODS. 


Be  it  enacted,  etc.,  as  follows: 

PART  I. 


Contract  to 
sell  goods. 


Capacity  to 
buy  and  sell. 


FORMATION  OF  THE  CONTRACT. 

Section  1.  (1)  A  contract  to  sell  goods  is  a  contract 
whereby  the  seller  agrees  to  transfer  the  property  in  goods 
to  the  buyer  for  a  consideration  called  the  price. 

(2)  A  sale  of  goods  is  an  agreement  whereby  the  seller 
transfers  the  property  in  goods  to  the  buyer  for  a  con- 
sideration called  the  price. 

(3)  A  contract  to  sell  or  a  sale  may  be  al)solu1e  or  con- 
ditional. 

(4)  There  may  be  a  contract  t<i  sell  or  a  sale  between 
one  part  owner  and  another. 

Section  2.  Capacity  to  buy  and  sell  is  rt^gulated  by 
the  general  law  concerning  capacity  to  contract,  and  to 
transfer  and  acquire  property. 


Acts,  1908.  — Chap.  237.  173 

Where  necessaries  are  sold  and  delivered  to  an  infant, 
or  to  a  person  who  by  reason  of  mental  incapacity  or 
drunkenness  is  incompetent  to  contract,  he  must  pay  a 
reasonable  price  therefor. 

Necessaries  in  this  section  mean  goods  suitable  to  the 
condition  in  life  of  such  infant  or  other  person,  and  to  his 
actual  requirements  at  the  time  of  delivery. 

FORMALITIES    OF    THE    CONTRACT. 

Section  3.     Subject  to  the  provisions  of  this  act  and  be  mSfe  in''^ 
of  any  other  statute  in  that  behalf,  a  contract  to  sell  or  a  writing,  etc. 
sale  may  be  made  in  writing,  either  with  or  without  seal, 
or  by  word  of  mouth,  or  partly  in  writing  and  partly  by 
word  of  mouth,  or  may  be  inferred  from  the  conduct  of 
the  parties. 

Section  4.      (1)   A  contract  to  sell  or  a  sale  of  any  when  con- 
goods  or  choses  in  action  of  the  value  of  five  hundred  dol-  a  sale  shaii  be 
lars  or  upward  shall  not  be  enforceable  by  action  unless  Ictfon!'^  ^   ^ 
the  buyer  shall  accept  part  of  the  goods  or  choses  in  action 
so  contracted  to  be  sold,  or  sold  and  actually  receive  the 
same,  or  give  something  in  earnest  to  bind  the  contract, 
or  in  part  payment,  or  unless  some  note  or  memorandum 
in  writing  of  the  contract  or  sale  be  signed  by  the  party 
to  be  charged  or  his  agent  in  that  behalf. 

(2)  The  provisions  of  this  section  shall  apply  to  every 
such  contract  or  sale,  notwithstanding  that  the  goods  may 
be  intended  to  be  delivered  at  some  future  time,  or  may 
not  at  the  time  of  such  contract  or  sale  be  actually  made, 
procured,  or  provided,  or  fit  or  ready  for  delivery,  or  some 
act  may  be  requisite  for  the  making  or  completing  thereof, 
or  rendering  the  same  fit  for  delivery ;  but  if  the  goods 
are  to  be  manufactured  by  the  seller  especially  for  the 
buyer  and  are  not  suitable  for  sale  to  others  in  the  ordi- 
nary course  of  the  seller's  business,  the  provisions  of  this 
section  shall  not  apply. 

(3)  There  is  an  acceptance  of  goods  within  the  mean- 
ing of  this  section  when  the  buyer,  either  before  or  after 
delivery  of  the  goods,  expresses  by  words  or  conduct  his 
assent  to  becoming  the  owner  of  those  specific  goods. 


174 


Acts,  1908.  — Giiap.  237. 


SUBJECT    MATTER    OF    CONTRACT. 


Goods  which 
may  form  the 
subject  of  a 
contract  to  sell. 


Section  5. 


Sale  of  an  un- 
divided share 
of  goods,  etc. 


When  agree- 
ment is  void, 
etc. 


a  contract  to  sell  may  be  either  existing  good 


(1)    The  goods  which  form  the  subject  of 

owned  or 
possessed  by  the  seller,  or  goods  to  be  manufactured  or 
acquired  by  the  seller  after  the  making  of  the  contract  to 
sell,  in  this  act  called  "  future  goods." 

(2)  There  may  be  a  contract  to  sell  goods,  the  acquisi- 
tion of  which  by  the  seller  depends  upon  a  contingency 
which  may  or  may  not  happen. 

(3)  Where  the  parties  purport  to  eifect  a  present  sale 
of  future  goods,  the  agreement  operates  as  a  contract  to 
sell  the  goods. 

Section  6.  (1)  There  may  be  a  contract  to  sell  or  a 
sale  of  an  undivided  share  of  goods.  If  the  parties  intend 
to  effect  a  present  sale,  the  buyer,  by  force  of  the  agree- 
ment, becomes  an  o^^mer  in  common  with  the  owner  or 
owners  of  the  remaining  shares. 

(2)  In  the  case  of  fungible  goods,  there  may  be  a  sale 
of  an  undivided  share  of  a  specific  mass,  though  the  seller 
purports  to  sell  and  the  buyer  to  buy  a  definite  number, 
weight  or  measure  of  the  goods  in  the  mass,  and  though 
the  number,  weight  or  measure  of  the  goods  in  the  mass  is 
undetermined.  By  such  a  sale  the  buyer  becomes  owner 
in  common  of  such  a  share  of  the  mass  as  the  number, 
weight  or  measure  bought  bears  to  the  number,  weight  or 
measure  of  the  mass.  If  the  mass  contains  less  than  the 
number,  weight  or  measure  bought,  the  buyer  becomes  the 
owner  of  the  whole  mass  and  the  seller  is  bound  to  make 
good  the  deficiency  from  similar  goods  unless  a  contrary 
intent  appears. 

Section  7.  (1)  "\Miere  the  parties  purport  to  sell  spe- 
cific goods,  and  the  goods  without  the  knowledge  of  the 
seller  have  wholly  perished  at  the  time  when  the  agreement 
is  made,  the  agreement  is  void. 

(2)  Where  the  parties  purport  to  sell  sjiecific  goods, 
and  the  goods  without  the  knowledge  of  the  seller  have 
perished  in  ])art  or  have  wholly  or  in  a  material  part  so 
deteriorated  in  quality  as  to  be  substantially  changed  in 
character,  the  buyer  may  at  his  option  treat  the  sale  — 

(a)   As  avoided,  or 

(6)  As  transferring  the  property  in  all  of  the  existing 
goods  or  in  so  much  thereof  as  have  not  deteriorated,  and 


Acts,  1908.  — Chap.  237.  175 


as  binding  the  buyer  to  pay  the  full  agreed  price  if  the 
sale  was  indivisible  or  to  pay  the  agreed  price  for  the  goods 
in  which  the  property  passes  if  the  sale  was  divisible. 

Section  8.     (1)   Where  there  is  a  contract  to  sell  spe-  when  con- 
cific  goods,  and  subsequently,  but  before  the  risk  passes  to  av^o^ided,  etc. 
the  buyer,  without  any  fault  on  the  part  of  the  seller  or 
the  buyer,  the  goods  wholly  perish,  the  contract  is  thereby 
avoided. 

(2)  Where  there  is  a  contract  to  sell  specific  goods,  and 
subsequently,  but  before  the  risk  passes  to  the  buyer,  with- 
out any  fault  of  the  seller  or  the  buyer  part  of  the  goods 
perish  or  the  whole  or  a  material  part  of  the  goods  so 
deteriorate  in  quality  as  to  be  substantially  changed  in 
character,  the  buyer  may  at  his  option  treat  the  contract  — 

(a)  As  avoided,  or 

(b)  As  binding  the  seller  to  transfer  the  property  in  all 
of  the  existing  goods  or  in  so  much  thereof  as  have  not 
deteriorated,  and  as  binding  the  l)uyer  to  pay  the  full 
agreed  price  if  the  contract  was  indivisible,  or  to  pay  the 
agreed  price  for  so  much  of  the  goods  as  the  seller,  by  the 
buyer's  option,  is  bound  to  transfer  if  the  contract  was 
divisible. 

THE    PRICE. 

Section  9.      (1)    The  price  may  be  fixed  by  the  con-  Pnce  may  be 
tract,  or  may  be  left  to  be  fixed  in  such  manner  as  may  tract,  e^c°°" 
be  agreed,  or  it  may  be  determined  by  the  course  of  deal- 
ing between  the  parties. 

(2)  The  price  may  be  made  payable  in  any  personal 
property. 

(3)  Where  transferring  or  promising  to  transfer  any 
interest  in  real  estate  constitutes  the  whole  or  part  of  the 
consideration  for  transferring  or  for  promising  to  trans- 
fer the  property  in  goods,  this  act  shall  not  apply. 

(4)  Where  the  price  is  not  determined  in  accordance 
with  the  foregoing  provisions  the  buyer  must  pay  a  rea- 
sonable price.  What  is  a  reasonable  price  is  a  question  of 
fact  dependent  on  the  circumstances  of  each  particular 
case. 

Section  10.     (1)   Where  there  is  a  contract  to  sell  or  a  Contract  to 
sale  of  goods  at  a  price  or  on  terms  to  be  fixed  by  a  third  avoided  in 
person,  and  such  third  person,  without  fault  of  the  seller 
or  the  buyer,  can  not  or  does  not  fix  the  price  or  terms, 
the  contract  or  the  sale  is  thereby  avoided ;  but  if  the  goods 


176 


Acts,  1908.  — Chap.  2:37, 


Non-perform- 
ance of  con- 
ditions may  be 
treated  as  a 
breach  of 
warranty  in 
certain  cases, 
etc. 


Affirmation  of 
fact  or  promise 
an  express 
warranty  in 
certain  cases, 
etc. 


Implied  war- 
ranty in  a  con- 
tract to  sell  or 
a  sale. 


or  any  part  thereof  have  been  delivered  to  and  appropri- 
ated by  the  buyer  he  mnst  pay  a  reasonable  price  therefor. 
(2)  Where  such  third  person  is  prevented  from  fixing 
the  price  or  terms  by  fault  of  the  seller  or  the  bnyer,  the 
party  not  in  fault  may  have  such  remedies  against  the 
party  in  fault  as  are  allowed  by  Parts  IV  and  V  of  this 
act. 

COIS'DITIOXS    AND    WARKAXTIES. 

Section  11.  (1)  Where  the  obligation  of  either  party 
to  a  contract  to  sell  or  a  sale  is  subject  to  any  condition 
which  is  not  performed,  such  party  may  refuse  to  proceed 
with  the  contract  or  sale  or  he  may  waive  performance  of 
the  condition.  If  the  other  party  has  promised  that  the 
condition  should  happen  or  be  performed,  such  first-men- 
tioned party  may  also  treat  the  non-performance  of  the 
condition  as  a  breach  of  warranty. 

(2)  Wliere  the  property  in  the  goods  has  not  passed, 
the  buyer  may  treat  the  fulfillment  by  the  seller  of  his 
obligation  to  furnish  goods  as  described  and  as  warranted 
expressly  or  by  implication  in  the  contract  to  sell  as  a  con- 
dition of  the  obligation  of  the  buyer  to  perform  his  prom- 
ise to  accept  and  pay  for  the  goods. 

Section  12.  Any  affirmation  of  fact  or  any  promise 
by  the  seller  relating  to  the  goods  is  an  express  warranty 
if  the  natural  tendency  of  such  affirmation  or  promise  is 
to  induce  the  buyer  to  purchase  the  goods,  and  if  the  buyer 
purchases  the  goods  relying  thereon.  No  affirmation  of 
the  value  of  the  goods,  nor  any  statement  purporting  to  be 
a  statement  of  the  seller's  opinion  only,  shall  be  construed 
as  a  warranty. 

Section  13.  In  a  contract  to  sell  or  a  sale,  unless  a 
contrary  intention  appears,  there  is :  — 

(1)  An  implied  warranty  on  the  part  of  the  seller  that 
in  the  case  of  a  sale  he  has  a  right  to  sell  the  goods,  and 
that  in  the  case  of  a  contract  to  sell  he  will  have  a  right 
to  sell  the  goods  at  the  time  when  the  property  is  to  pass. 

(2)  An  implied  warranty  that  the  buyer  shall  have  and 
enjoy  quiet  possession  of  the  goods  as  against  any  lawful 
claims  existing  at  the  time  of  the  sale. 

(3)  An  implied  warranty  that  the  goods  shall  be  free 
at  the  time  of  the  sale  from  any  charge  or  encumbrance 
in  favor  of  any  third  person,  not  declared  or  known  to  the 


Acts,  1908.  — Chap.  237.  177 

buyer  before  or  at  the  time  when  the  contract  or  sale  is 
made. 

(4)  This  section  shall  not,  however,  be  held  to  render 
liable  a  sheriff,  auctioneer,  mortgagee  or  other  person  pro- 
fessing to  sell  by  virtue  of  authority  in  fact  or  law  goods 
in  which  a  third  person  has  a  legal  or  equitable  interest. 

Section  14.     Where  there  is  a  contract  to  sell  or  a  sale  Contract  to 
of  goods  by  description,  there  is  an  implied  warranty  that  goofbfby^de-° 
the  goods  shall  correspond  with  the  description  and  if  the  ^'^"p"^"'  ®*°- 
contract  or  sale  be  by  sample,  as  well  as  by  description,  it 
is  not  sufficient  that  the  bulk  of  the  goods  corres|X)nds  with 
the  sample  if  the  goods  do  not  also  correspond  with  the 
description. 

Section  15,     Subject  to  the  provisions  of  this  act  and  ^l^/rTif/i^or 
of  anv  other  statute  in  that  behalf,   there  is  no  implied  condition  ex^ 

_  I-  cept  in  certain 

warranty  or  condition  as  to  the  quality  or  titness  lor  any  cases, 
particular  purpose  of  goods  supplied  under  a  contract  to 
sell  or  a  sale,  except  as  follows :  — 

(1)  Where  the  buyer,  expressly  or  by  implication, 
makes  known  to  the  seller  the  particular  purpose  for  which 
the  goods  are  required,  and  it  appears  that  the  buyer  re- 
lies on  the  seller's  skill  or  judgment,  whether  he  be  the 
grower  or  manufacturer  or  not,  there  is  an  implied  war- 
ranty that  the  goods  shall  be  reasonably  fit  for  such  pur- 
pose. 

(2)  Where  the  goods  are  bought  by  description  from  a 
seller  wdio  deals  in  goods  of  that  description,  whether  he 
be  the  grower  or  manufacturer  or  not,  there  is  an  implied 
warranty  that  the  goods  shall  be  of  merchantable  quality. 

(3)  If  the  buyer  has  examined  the  goods,  there  is  no 
implied  warranty  as  regards  defects  which  such  examina- 
tion ought  to  have  revealed. 

(4)  In  the  case  of  a  contract  to  sell  or  a  sale  of  a  speci- 
fied article  under  its  patent  or  other  trade  name,  there  is 
no  implied  warranty  as  to  its  fitness  for  any  particular 
puriwse. 

(5)  iVn  implied  warranty  or  condition  as  to  quality  or 
fitness  for  a  particular  purpose  may  be  annexed  by  the 
usage  of  trade. 

(6)  x\n  express  warranty  or  condition  does  not  negative 
a  warranty  or  condition  implied  under  this  act  unless  in- 
consistent therewith. 


178 


Acts,  1908.  — CuAr.  237. 


Iinplipcl  war- 
ranty ill  caises 
of  contruct  to 
sell  or  sales  by 
sample. 


SALE    BY    SAMPLE. 

Section  16.  In  the  case  of  a  contract  to  sell  or  a  sale 
by  sample :  — 

(a)  There  is  an  implied  warranty  that  the  hulk  shall 
correspond  with  the  sample  in  quality. 

(b)  There  is  an  im})lied  warranty  that  the  buyer  shall 
have  a  reasonable  opportunity  of  comparing  the  bulk  with 
the  sample,  except  so  far  as  is  otherwise  provided  in  sec- 
tion forty-seven  (3). 

(c)  If  the  seller  is  a  dealer  in  goods  of  that  kind,  there 
is  an  implied  warranty  that  the  goods  shall  ])e  free  from 
any  defect,  rendering  them  unmerchantable,  whi-ch  would 
not  be  apparent  on  reasonable  examination  of  the  sam2:)le. 


PAET  II. 


Sale   of    unas- 
certained 
goods. 


Sale  of  specific 
or  ascertained 
goods. 


Rules  for  as- 
certaininy: 
intention  of 
partie.s. 


TRANSFEK  OF  TROPEETY  AS  BETWEEN  SELLER  AND  BUYEIJ. 

Section  17.  Where  there  is  a  contract  to  sell  iniascer- 
tained  goods  no  property  in  the  goods  is  transferred  to  the 
buyer  unless  and  until  the  goods  are  ascertained,  but  prop- 
erty in  an  undivided  share  of  ascertained  goods  may  be 
transferred  as  provided  in  section  six. 

Section  18.  (1)  Where  there  is  a  contract  to  sell 
specific  or  ascertained  goods,  the  property  in  them  is  trans- 
ferred to  the  buyer  at  such  time  as  the  parties  to  the  con- 
tract intend  it  to  be  transferred. 

(2)  For  the  purpose  of  ascertaining  the  intention  of 
the  parties,  regard  shall  be  had  to  the  terms  of  the  con- 
tract, the  conduct  of  the  parties,  usages  of  trade,  and  the 
circumstances  of  the  case. 

Section  19.  Unless  a  different  intention  appears,  the 
following  are  rules  for  ascertaining  tlu;  intention  of  the 
parties  as  to  the  time  at  which  the  property  in  the  goods 
is  to  pass  to  the  buyer :  — 

Rule  1.  Where  there  is  an  unconditional  contract  to 
sell  specific  goods,  in  a  deliverable  state,  the  ijrojierty  in 
the  goods  passes  to  the  buyer  when  the  contract  is  made, 
and  it  is  immaterial  whether  \hv  time  of  payment,  or  the 
time  of  delivery,  or  both,  be. postponed. 

liulc  2.  Where  there  is  a  contract  to  sell  specific  goods 
and  the  seller  is  bound  to  do  something  to  the  goods  for 


Acts,  1908.  — Chap.  237.  179 

the  purpose  of  putting  them  into  a  deliverable  state,  the 
I^ropertj  does  not  pass  until  such  thing  be  done. 

Rule  3.  (1)  When  goods  are  delivered  to  the  buyer 
"  on  sale  or  return  ",  or  on  other  terms  indicating  an  in- 
tention to  make  a  present  sale  but  to  give  the  buyer  an 
option  to  return  the  goods  instead  of  paying  the  price,  the 
property  passes  to  the  buyer  on  delivery,  but  he  may  re- 
vest the  property  in  the  seller  by  returning  or  tendering 
the  goods  within  the  time  fixed  in  the  contract,  or  if  no 
time  has  been  tixed,  within  a  reasonable  time. 

(2)  When  goods  are  delivered  to  the  buyer  on  approval 
or  on  trial  or  on  satisfaction,  or  other  similar  terms,  the 
property  therein  passes  to  the  buyer :  — - 

(a)  When  he  signifies  his  approval  or  acceptance  to  the 
seller  or  does  any  other  act  adopting  the  transaction. 

(6)  If  he  does  not  signify  his  approval  or  acceptance 
to  the  seller,  but  retains  the  goods  without  giving  notice  of 
rejection,  then,  if  a  time  has  been  fixed  for  the  return  of 
the  goods,  on  the  expiration  of  such  time,  and,  if  no  time 
has  been  fixed,  on  the  expiration  of  a  reasonable  time. 
What  is  a  reasonable  time  is  a  question  of  fact. 

Rule  Jf.  (1)  Where  there  is  a  contract  to  sell  unascer- 
tained or  future  goods  by  description,  and  goods  of  that 
description  and  in  a  deliverable  state  are  unconditionally 
appropriated  to  the  contract,  either  by  the  seller  with  the 
assent  of  the  buyer,  or  by  the  buyer  with  the  assent  of 
the  seller,  the  property  in  the  goods  thereupon  passes  to  the 
buyer.  Such  assent  may  be  expressed  or  implied,  and  may 
be  given  either  before  or  after  the  appropriation  is  made. 

(2)  Where,  in  pursuance  of  a  contract  to  sell,  the  seller 
delivers  the  goods  to  the  buyer,  or  to  a  carrier  or  other 
bailee,  whether  named  by  the  buyer  or  not,  for  the  pur- 
pose of  transmission  to  or  holding  for  the  buyer,  he  is  pre- 
sumed to  have  unconditionally  appropriated  the  goods  to 
the  contract,  except  in  the  cases  provided  for  in  the  next 
rule  and  in  section  twenty.  This  presumption  is  appli- 
cable, although  by  the  terms  of  the  contract,  the  buyer  is 
to  pay  the  price  before  receiving  delivery  of  the  goods, 
and  the  goods  are  marked  with  the  words  "  collect  on  de- 
livery "  or  their  equivalents. 

Rule  5.     If  a  contract  to  sell  requires  the  seller  to  de-  property  does 
liver  the  goods  to  the  buyer,  or  at  a  particular  place,  or  to  eertStrcases 
pay  the  freight  or  cost  of  transportation  to  the  buyer,  or  are'^eli'vered 


180 


Acts,  1908.  — Chap.  237. 


Seller  may  re- 
serve right  of 
possession, 
etc..  in  cer- 
tain cases. 


Proviso. 


to  a  particular  place,  the  property  does  not  pass  until  the 
goods  have  been  delivered  to  the  buyer  or  have  reached 
the  place  agreed  upon. 

Section  20.  (1)  Where  there  is  a  contract  to  sell 
s])ecific  goods,  or  where  goods  are  subsequently  a2:)propri- 
ated  to  the  contract,  the  seller  may,  by  the  terms  of  the 
contract  or  appropriation,  reserve  the  right  of  possession 
or  property  in  the  goods  until  certain  conditions  have  been 
fulfilled.  The  right  of  possession  or  property  may  thus 
be  reserved  notwithstanding  the  delivery  of  the  goods  to 
the  buyer,  or  to  a  carrier  or  other  bailee  for  the  purpose 
of  transmission  to  the  buyer. 

(2)  Where  goods  are  shipped,  and  by  the  bill  of  lading 
the  goods  are  deliverable  to  the  seller  or  his  agent,  or  to 
the  order  of  the  seller  or  of  his  agent,  the  seller  thereby 
reserves  the  property  in  the  goods.  But  if,  except  for  the 
form  of  the  bill  of  lading,  the  property  would  have  passed 
to  the  buyer  on  shipment  of  the  goods,  the  seller's  prop- 
erty in  the  goods  shall  be  deemed  to  be  only  for  the  pur- 
pose of  securing  performance  by  the  buyer  of  his  obliga- 
tions under  the  contract. 

(3)  Where  goods  are  shipped,  and  by  the  bill  of  lading 
the  goods  are  deliverable  to  the  order  of  the  buyer  or  of 
his  agent,  but  possession  of  the  bill  of  lading  is  retained 
by  the  seller  or  his  agent,  the  seller  thereby  reserves  a  right 
to  the  possession  of  the  goods,  as  against  the  buyer. 

(4)  Where  the  seller  of  goods  draws  on  the  buyer  for 
the  price  and  transmits  the  bill  of  exchange  and  bill  of 
lading  together  to  the  buyer  to  secure  acceptance  or  pay- 
ment of  the  bill  of  exchange,  the  buyer  is  bound  to  return 
the  bill  of  lading  if  he  does  not  honor  the  bill  of  exchange, 
and  if  he  Avrongfully  retains  the  bill  of  lading  he  acquires 
no  added  right  thereby.  If,  however,  the  bill  of  lading 
provides  that  the  goods  are  deliverable  to  the  buyer  or  to 
the  order  of  the  buyer,  or  is  endorsed  in  blank,  or  to  the 
buyer  by  the  consigiiee  named  therein,  one  who  purchases 
in  good  faith,  for  value,  the  bill  of  lading  or  goods  from 
the  buyer  will  obtain  the  property  in  the  goods,  although 
the  bill  of  exchange  has  not  been  honored :  provided,  that 
such  purchaser  has  received  delivery  of  the  bill  of  lading 
endorsed  by  the  consig-nee  named  therein,  or  of  the  goods, 
without  notice  of  the  facts  making  the  transfer  wrongfuh 


Acts,  1908.  — Chap.  237.  181 

Section  21.     In  the  case  of  a  sale  by  auction: —  Saies  by 

(1)  Where  goods  are  put  up  for  sale  by  auction  in  lots, 
each  lot  is  the  subject  of  a  separate  contract  of  sale. 

(2)  A  sale  by  auction  is  complete  when  the  auctioneer 
announces  its  completion  by  the  fall  of  the  hammer,  or  in 
other  customary  manner.  Until  such  announcement  is 
made  any  bidder  may  retract  his  bid;  and  the  auctioneer 
may  withdraw  the  goods  from  sale  unless  the  auction  has 
been  announced  to  be  without  reserve. 

(3)  A  right  to  bid  may  be  reserved  expressly  by  or  on 
behalf  of  the  seller. 

(4)  Where  notice  has  not  been  given  that  a  sale  by 
auction  is  subject  to  a  right  to  bid  on  behalf  of  the  seller, 
it  shall  not  be  lawful  for  the  seller  to  bid  himself  or  to 
employ  or  induce  any  person  to  bid  at  such  sale  on  his 
behalf,  or  for  the  auctioneer  to  employ  or  induce  any  per- 
son to  bid  at  such  sale  on  behalf  of  the  seller  or  knowingly 
to  take  any  bid  from  the  seller  or  any  person  employed  by 
him.  Any  sale  contravening  this  rule  may  be  treated  as 
fraudulent  by  the  buyer. 

Section  22.    Unless  otherwise  agreed,  the  goods  remain  Goods  to  re- 
at  the  seller's  risk  until  the  property  therein  is  transferred  ™ne"'s^risk 
to  the  buyer,  but  when  the  property  therein  is  transferred  Tess'otiierwse 
to  the  buyer  the  goods  are  at  the  buyer's  risk  whether  de-  agreed,  etc. 
livery  has  been  made  or  not,  except  that :  — 

(a)  Where  delivery  of  the  goods  has  been  made  to  the 
buyer,  or  to  a  bailee  for  the  buyer,  in  pursuance  of  the 
contract  and  the  property  in  the  goods  has  been  retained 
by  the  seller  merely  to  secure  performance  by  the  buyer 
of  his  obligations  under  the  contract,  the  goods  are  at  the 
buyer's  risk  from  the  time  of  such  delivery. 

(6)  A\niere  delivery  has  been  delayed  through  the  fault 
of  either  buyer  or  seller,  the  goods  are  at  the  risk  of  the 
party  in  fault  as  regards  any  loss  which  might  not  have 
occurred  but  for  such  fault. 


TRANSFER    OF    TITLE. 

Section  23.     (1)    Subject  to  the  provisions  of  this  act,  J"i^fno°bener 
where  goods  are  sold  by  a  person  who  is  not  the  owner  title  to  goods 

~  i/  1  _  than  seller  had 

thereof,  and  who  does  not  sell  them  under  the  authority  or  in  certain 
with  the  consent  of  the  owner,  the  buyer  acquires  no  better 


182 


Acts,  1908.  — Chap.  237. 


Buyer  to  ac- 
quire a  good 
title  to  goods 
in  certain 


Proviso. 


Delivery  or 
transfer  of 
goods,   etc., 
held  in  pos- 
session of 
seller. 


Sale  of  goods 
fraudulently 
held  in  pos- 
session of 
seller  may  be 
treated  as  void. 


Negotiable 
document  of 
title. 


Negotiable 
documents  of 
title  may  be 
negotiated  by 
delivery  in 
certain  cases. 


title  to  the  goods  than  the  seller  had,  unless  the  owner  of 
the  goods  is  by  his  conduct  precluded  from  denying  the 
seller's  authority  to  sell. 

(2)    Nothing  in  this  act,  however,  shall  affect:  — 

(a)  The  provisions  of  any  factors'  acts,  recording  acts, 
or  any  act  enabling  the  apparent  owner  of  goods  to  dispose 
of  them  as  if  he  were  the  true  o\mer  thereof. 

(b)  The  validity  of  any  contract  to  sell  or  sale  under 
any  special  common  law  or  statutory  power  of  sale  or  under 
the  order  of  a  court  of  competent  jurisdiction. 

Section  24.  Where  the  seller  of  goods  has  a  voidable 
title  thereto,  but  his  title  has  not  been  avoided  at  the  time 
of  the  sale,  the  buyer  acquires  a  good  title  to  the  goods: 
provided,  that  he  buys  them  in  good  faith,  for  value,  and 
without  notice  of  the  seller's  defect  of  title. 

Section  25.  Where  a  person  having  sold  goods  con- 
tinues in  possession  of  the  goods,  or  of  negotiable  docu- 
ments of  title  to  the  goods,  the  delivery  or  transfer  by  that 
person,  or  by  an  agent  acting  for  him,  of  the  goods  or  docu- 
ments of  title  under  any  sale,  pledge,  or  other  disposition 
thereof,  to  any  person  receiving  and  paying  value  for  the 
same  in  good  faith  and  without  notice  of  the  ]5revious  sale, 
shall  have  the  same  effect  as  if  the  ])erson  making  the  de- 
livery or  transfer  were  expressly  authorized  by  the  owner 
of  the  goods  to  make  the  same. 

Section  26.  Where  a  person  liaviiig  sold  goods  con- 
tinues in  possession  of  the  goods,  or  of  negotiable  docu- 
ments of  title  to  the  goods,  and  such  retention  of  posses- 
sion is  fraudulent  in  fact  or  is  deemed  fraudulent  under 
any  rule  of  law,  a  creditor  or  creditors  of  the  seller  may 
treat  the  sale  as  void. 

Section  27.  A  document  of  title  in  which  it  is  stated 
that  the  goods  designated  therein  will  be  delivered  to  the 
bearer,  or  to  the  order  of  any  ]X'rson  named  in  such  docu- 
ment, is  a  negotiable  document  of  titl(\ 

Section  28.  A  negotial)le  document  of  title  may  be 
negotiated  by  delivery :  — 

(a)  Where  by  the  terms  of  the  document  the  carrier, 
warehouseman,  or  other  bailee  issuing  the  same  undertakes 
to  deliver  the  goods  to  the  bearer;  or 

(b)  Where  by  the  terms  of  the  document  the  carrier, 
warehouseman,  or  other  bailee  issuing  the  same  uiidcrlnkes 
to  deliver  the  goods  to  the  order  of  a  specifietl  person,  and 


Acts,  1908.  — Chap.  237.  183 

such  person  or  a  subsequent  indorsee  of  the  document  has 
indorsed  it  in  bhmk  or  to  bearer. 

Where  by  the  terms  of  a  negotiable  document  of  title 
the  goods  are  deliverable  to  bearer  or  where  a  negotiable 
document  of  title  has  been  indorsed  in  blank  or  to  bearer, 
any  holder  may  indorse  the  same  to  himself  or  to  any 
other  specified  jjerson,  and  in  such  case  the  document  shall 
thereafter  be  negotiated  only  by  the  indorsement  of  such 
indorsee. 

Section   20.      A  negotiable  document  of  title  may  be  Negotiable 
negotiated  by  the  indorsement  of  the  person  to  whose  order  titfe'may  be 
the  goods  are  by  the  terms  of  the  document  deliverable,  rndoraement.^ 
Such  indorsement  may  be  in  blank,  to  bearer  or  to  a  speci- 
fied person.    If  indorsed  to  a  specified  person  it  may  again 
be  negotiated  by  the  indorsement  of  such  person  in  blank, 
to  bearer  or  to  another  specified  person.     Subsequent  ne- 
gotiation may  be  made  in  like  manner. 

Section  30.     If  a  document  of  title  which  contains  an  certain  docu- 

T       ,     1   •  1  •  1  ii  1      •!  ments  of  title 

undertaking  by  a  carrier,  warehouseman,  or  other  bailee  to  be  negoti- 
to  deliver  the  goods  to  the  bearer,  to  a  specified  person  or  '^^^^'  ^^°' 
order,  or  to  the  order  of  a  specified  person,  or  which  con- 
tains words  of  like  import,  has  placed  upon  it  the  words 
''  not  negotiable  ",  "  non-negotiable  ",  or  the  like,  such  a 
document  may  nevertheless  be  negotiated  by  the  holder 
and  is  a  negotiable  document  of  title  within  the  meaning 
of  this  act.  But  nothing  contained  in  this  act  shall  be 
construed  as  limiting,  or  defining  the  effect  upon  the  ob- 
ligations of  the  carrier,  warehouseman,  or  other  bailee  issu- 
ing a  document  of  title,  of  placing  thereon  the  words  "  not 
negotiable  ",  "  non-negotiable  ",  or  the  like. 

Section  31.     A  document  of  title  which  is  not  in  such  Certain  docu- 

.  -  •111!'  ^        j_  ments  of  title 

form  that  it  can  be  negotiated  by  delivery  may  be  trans-  may  be  trans- 
ferred by  the  holder  by  delivery  to  a  purchaser  or  donee.  ^"^  '  ^  '^' 
A  non-negotiable  document  cannot  be  negotiated  and  the 
indorsement  of  such  a  document  gives  the  transferee  no  . 
additional  right. 

Section   32.     A  negotiable  document  of  title  may  be  By  whom  a 

,  .     ,      1  *"  "^  negotiable 

negotiated :  —  document  of 

(a)   By  the  owner  thereof;  or  nego tinted''' 

(h)  By  any  person  to  whom  the  possession  or  custody 
of  the  document  has  been  entrusted  by  the  owner,  if,  by 
the  terms  of  the  document  the  bailee  issuing  the  document 
undertakes  to  deliver  the  goods  to  the  order  of  the  person 


184 


Acts,  1908.  — Chap.  237. 


What  a  per- 
son acquires 
to  whom  a 
negotiable 
document  of 
title  is  ne- 
gotiated. 


What  a  person 
acquires  to 
whom  a  ne- 
gotiable docu- 
ment of  title 
is  transferred, 
etc. 


Transferee 
acquires  right 
against  trans- 
feror to  com- 
pel indorse- 
ment in  certain 
cases. 


What  a  person 
warrants  who 
negotiates  or 
transfers  a 
document  of 
title. 


to  whom  the  possession  or  custody  of  the  document  has 
been  entrusted,  or  if  at  the  time  of  such  entrusting  the 
document  is  in  such  form  that  it  may  be  negotiated  by 
delivery. 

Skction  33.  A  person  to  whom  a  negotiable  document 
of  title  has  been  duly  negotiated  acquires  thereby :  — 

(a)  Such  title  to  the  goods  as  the  person  negotiating 
the  document  to  him  had,  or  had  ability  to  convey  to  a 
purchaser  in  good  faith  for  value,  and  also  such  title  to 
the  goods  as  the  person  to  whose  order  the  goods  were  to 
be  delivered  by  the  terms  of  the  document  had,  or  had 
ability  to  convey  to  a  purchaser  in  good  faith  for  value; 
and 

(b)  The  direct  obligation  of  the  bailee  issuing  the  docu- 
ment to  hold  possession  of  the  goods  for  him  according  to 
the  terms  of  the  document  as  fully  as  if  such  bailee  had 
contracted  directly  with  him. 

Section  34.  A  person  to  whom  a  document  of  title  has 
been  transferred,  but  not  negotiated,  acquires  thereby,  as 
against  the  transferor,  the  title  to  the  goods,  subject  to  the 
terms  of  any  agreement  with  the  transferor. 

If  the  document  is  non-negotiable,  such  person  also  ac- 
quires the  right  to  notif}^  the  bailee  who  issued  the  docu- 
ment of  the  transfer  thereof,  and  thereby  to  acquire  the 
direct  obligation  of  such  bailee  to  hold  possession  of  the 
goods  for  him  according  to  the  terms  of  the  document. 

Prior  to  the  notification  of  such  bailee  by  the  transferor 
or  transferee  of  a  non-negotiable  document  of  title,  the 
title  of  the  transferee  to  the  goods  and  the  right  to  acquire 
the  obligation  of  such  bailee  may  be  defeated  by  the  levy 
of  an  attachment  or  execution  upon  the  goods  by  a  creditor 
of  the  transferor,  or  by  a  notification  to  such  bailee  by  the 
transferor  or  a  subsequent  purchaser  from  the  transferor 
of  a  subsequent  sale  of  the  goods  by  the  transferor. 

Section  35.  ^Yhere  a  negotiable  document  of  title  is 
transferred  for  value,  by  delivery,  and  the  indorsement  of 
the  transferor  is  essential  for  negotiation,  the  transferee 
acquires  a  right  against  the  transferor  to  compel  him  to 
indorse  the  document  unless  a  contrary  intention  appears. 
The  negotiation  shall  take  effect  as  of  the  time  when  the 
indorsement  is  actually  made. 

Section  36.  A  person  who  for  value  negotiates  or 
transfers  a  document  of  title  by  indorsement  or  delivery, 
including  one  who  assigns  for  value  a  claim  secured  by  a 


Acts,  1908.  — Chap.  237.  185 

dociimeiit  of  title  unless  a  contrary  intention  appears,  war- 
rants :  — 

(a)  That  the  docnnient  is  genuine ; 

(b)  That  he  has  a  legal  right  to  negotiate  or  transfer 

(c)  That  he  has  knowledge  of  no  fact  which  would  im- 
pair the  validity  or  worth  of  the  document ;  and 

(d)  That  he  has  a  right  to  transfer  the  title  to  the  goods 
and  that  the  goods  are  merchantable  or  fit  for  a  particular 
purpose,  whenever  such  warranties  would  have  been  im- 
plied if  the  contract  of  the  parties  had  been  to  transfer 
without  a  document  of  title  the  goods  represented  thereby. 

Section  37.     The  indorsement  of  a  document  of  title  indorserof 
shall  not  make  the  indorser  liable  for  any  failure  on  the  tufe'noTiiabie 
part  of  the  bailee  who  issued  the  document  or  of  previous  cer/ain"case". 
indorsers  thereof  to  fuliil  their  respective  obligations. 

Section  38.     The  validity  of  the  negotiation  of  a  nego-  validity  of 
tiable  document  of  title  is  not  impaired  by  the  fact  that  a^negotlabie^ 
the  negotiation  was  a  breach  of  duty  on  the  part  of  the  fufe^noTim- 
person  making  the  negotiation,   or  by  the  fact  that  the  tain*^cases?^'" 
owner  of  the  document  was  induced  by  fraud,  mistake,  or 
duress  to  entrust  the  possession  or  custody  thereof  to  such 
person,  if  the  person  to  whom  the  document  was  negotiated 
or  a  person  to  whom  the  document  was  subsequently  nego- 
tiated paid  value  therefor,  without  notice  of  the  breach  of 
duty,  or  fraud,  mistake,  or  duress. 

Section  39.     If  goods  are  delivered  to  a  bailee  bv  the  Goods  not  to 

1  1  ,     .  .  ,  .■,  be  attached  or 

owner  or  by  a  person  whose  act  m  conveying  the  title  to  levied  upon  in 
them  to  a  purchaser  in  good  faith  for  value  would  bind  the  unk^s?  euf.^^ 
owner  and  a  negotiable  document  of  title  is  issued  for 
them  they  cannot  thereafter,  while  in  the  possession  of 
such  bailee,  be  attached  by  garnishment  or  otherwise  or 
be  levied  upon  under  an  execution  unless  the  document  be 
first  surrendered  to  the  bailee  or  its  negotiation  enjoined. 
The  bailee  shall  in  no  case  be  compelled  to  deliver  up  the 
actual  possession  of  the  goods  until  the  document  is  sur- 
rendered to  him  or  impounded  by  the  court. 

Section  40.     A  creditor  whose  debtor  is  the  owner  of  atTach°negot^- 
a  negotiable  document  of  title  shall  be  entitled  to  such  aid  able  document 
from  courts  of  appropriate  jurisdiction  by  injunction  and  certain  cases, 
otherwise  in  attaching  such  document  or  in  satisfying  the 
claim  by  means  thereof  as  is  allowed  at  law  or  in  equity 
in  regard  to  property  which  can  not  readily  be  attached 
or  levied  upon  by  ordinary  legal  process. 


186  Acts,  1908.  — Chap.  237 


PART  III. 

PERFORMANCE    OF    THE    CONTKACT. 

Sui  buylr"^'"  Section  41.  It  is  the  duty  of  the  seller  to  deliver  the 
goods,  and  of  the  buyer  to  accept  and  pay  for  them,  in 
accordance  with  the  terms  of  the  contract  to  sell  or  sale. 

Delivery  of  Section  -1:2.     Unless  otherwise  agreed,  deliver}^  of  the 

nient  of  price"    goods  and  payment  of  the  price  are  concurrent  conditions; 

condi'tio''ns.  that  is  to  say,  the  seller  must  be  ready  and  willing  to  give 
possession  of  the  goods  to  the  buyer  in  exchange  for  the 
price,  and  the  buyer  must  be  ready  and  willing  to  pay  the 
jirice  in  exchange  for  possession  of  the  goods. 

Taking  pos-  Section  43.     (1)   AMiether  it  is' for  the  buver  to  take 

session  or  de-  .  n      t  i  i>  ^^  '    ^      ^ 

livery  of  goods,  jiosscssiou  of  the  goods  or  for  the  seller  to  send  them  to 
the  buyer,  is  a  question  depending  in  each  case  on  the  con- 
tract, express  or  implied,  between  the  parties.  Apart  from 
any  such  contract,  express  or  implied,  or  usage  of  trade  to 
the  contrary,  the  place  of  delivery  is  the  seller's  place  of 
business,  if  he  have  one,  and  if  not,  his  residence ;  but  in 
case  of  a  contract  to  sell  or  a  sale  of  specific  goods,  which 
to  the  knowledge  of  the  parties  when  the  contract  or  the 
sale  was  made  were  in  some  other  place,  then  that  place  is 
the  place  of  delivery. 

(2)  Where  by  a  contract  to  sell  or  a  sale  the  seller  is 
bound  to  send  the  goods  to  the  buyer,  but  no  time  for 
sending  them  is  fixed,  the  seller  is  bound  to  send  them 
within  a  reasonable  time. 

(3)  ^\niere  the  goods  at  the  time  of  sale  are  in  the  pos- 
session of  a  third  person,  the  seller  has  not  fulfilled  his 
obligation  to  deliver  to  the  buyer  unless  and  until  such 
third  person  acknowdedges  to  the  buyer  that  he  holds  the 
goods  on  the  buyer's  behalf;  but  as  against  all  others  than 
the  seller  the  buyer  shall  be  regarded  as  having  received 
delivery  from  the  time  when  such  third  person  first  has 
notice  of  the  sale.  Nothing  in  this  section,  however,  shall 
aifcct  the  operation  of  the  issue  or  transfer  of  any  docu- 
ment of  title  to  goods. 

(4)  Demand  or  tender  of  delivery  may  be  treated  as 
ineffectual  unless  made  at  a  reasonable  hour.  AVhat  is  a 
reasonable  hour  is  a  question  of  fact. 

(5)  Unless  otherwise  agreed,  the  expenses  of  and  inci- 
dent to  putting  the  goods  into  a  deliverable  state  must  be 
borne  bv  the  seller. 


Acts,  1908.  — Chap.  237.  187 

Section  44.     (1)   Where  the  seller  delivers  to  the  buyer  Delivery  of 

c  1       1  1  n         1        goods  in  quan- 

a   quantity  oi   ffoods   less  than  he  contracted  to  sell,   the  tities  larger  or 

.        ^  "'.",  i,'c,ii  1  j_    •  smaller  than 

buyer  may  reject  them,  but  ii  the  buyer  accepts  or  retains  the  seller  con- 
the  goods  so  delivered,  knowing  that  the  seller  is  not  going  etc?  ^  °  "**  ' 
to  perform  the  contract  in  full,  he  must  pay  for  them  at 
the  contract  rate.  If,  however,  the  buyer  has  used  or  dis- 
posed of  the  goods  delivered  before  he  knows  that  the 
seller  is  not  going  to  perform  his  contract  in  full,  the 
buyer  shall  not  be  liable  for  more  than  the  fair  value  to 
him  of  the  goods  so  received. 

(2)  Where  the  seller  delivers  to  the  buyer  a  quantity 
of  goods  larger  than  he  contracted  to  sell,  the  buyer  may 
accept  the  goods  included  in  the  contract  and  reject  the 
rest,  or  he  may  reject  the  whole.  If  the  buyer  accepts  the 
whole  of  the  goods  so  delivered  he  must  pay  for  them  at 
the  contract  rate. 

(3)  Where  the  seller  delivers  to  the  buyer  the  goods 
which  he  contracted  to  sell  mixed  with  goods  of  a  ditfer- 
ent  description  not  included  in  the  contract,  the  buyer  may 
accept  the  goods  which  are  in  accordance  with  the  con- 
tract and  reject  the  rest,  or  he  may  reject  the  whole. 

(4)  The  provisions  of  this  section  are  subject  to  any 
usage  of  trade,  special  agreement,  or  course  of  dealing 
between  the  parties. 

Section  45.      (1)    Unless  otherwise  agreed,   the  buyer  Delivery  of 
of  goods  is  not  bound  to  acce})t  delivery  thereof  by  iiistal-  ftTiments!"' 
ments. 

(2)  Where  there  is  a  contract  to  sell  goods  to  be  de- 
livered by  stated  instalments,  wdiich  are  to  be  separately 
paid  for,  and  the  seller  makes  defective  deliveries  in  re- 
spect of  one  or  more  instalments,  or  the  buyer  neglects  or 
refuses  to  take  delivery  of  or  pay  for  one  or  more  instal- 
ments, it  depends  in  each  case  on  the  terms  of  the  con- 
tract and  the  circumstances  of  the  case  whether  the  breach 
of  contract  is  so  material  as  to  justify  the  injured  party 
in  refusing  to  proceed  further  and  suing  for  damages  for 
breach  of  the  entire  contract,  or  whether  the  breach  is 
severable,  giving  rise  to  a  claim  for  compensation,  but  not 
to  a  right  to  treat  the  whole  contract  as  broken. 

Section  46.      (1)   Where,  in  pursuance  of  a  contract  Delivery  of 

n  iin-i-i  •!  1    goods  to  a  car- 

to  sell  or  a  sale,  the  seller  is  authorized  or  required  to  send  ner  deemed  a 
the  goods  to  the  buyer,  delivery  of  the  goods  to  a  carrier,  kiyer  in  cer- 
whether  named  by  the  buyer  or  not,  for  the  purpose  of    ^^^  ^^^^^' 
transmission  to  the  buver  is  deemed  to  be  a  deliverv  of 


188 


Acts,  1908.  — Chap.  237. 


Buyer  to  have 
a  reasonable 


the  goods  to  the  buyer,  except  in  the  cases  provided  for 
in  section  nineteen,  Rule  5,  or  unless  a  contrary  intent 
appears. 

(2)  Unless  otherwise  authorized  by  the  buyer,  the  seller 
must  make  such  contract  with  the  carrier  on  behalf  of  the 
buyer  as  may  be  reasonable,  having-  regard  to  the  nature 
of  the  goods  and  the  other  circumstances  of  the  case.  If 
the  seller  omit  so  to  do,  and  the  goods  are  lost  or  damaged 
in  course  of  transit,  the  buyer  may  decline  to  treat  the 
delivery  to  the  carrier  as  a  delivery  to  himself,  or  may 
hold  the  seller  responsible  in  damages. 

(3)  Unless  otherwise  agreed,  where  goods  are  sent  by 
the  seller  to  the  buyer  under  circumstances  in  which  the 
seller  knows  or  ought  to  know  that  it  is  usual  to  insure, 
the  seller  must  give  such  notice  to  the  buyer  as  may  enable 
him  to  insure  them  during  their  transit,  and,  if  the  seller 
fails  to  do  so,  the  goods  shall  be  deemed  to  be  at  his  risk 
during  such  transit. 

Section  47.      (1)   AVhere  goods  which  he  has  not  pre- 
opportunity  to  yiously  examined  are  delivered  to  the  buyer,   he  is  not 

examine  goods,  J  •     i       i  i       i 

etc.  deemed  to  have  accepted  them  unless  and  until  he  has  had 

a  reasonable  opportunity  of  examining  them  for  the  pur- 
pose of  ascertaining  whether  they  are  in  conformity  with 
the  contract. 

(2)  Unless  otherwise  agreed,  when  the  seller  tenders 
delivery  of  goods  to  the  buyer,  he  is  bound,  on  request,  to 
afford  the  buyer  a  reasonable  opportunity  of  examining 
the  goods  for  the  purpose  of  ascertaining  whether  they  are 
in  conformity  wnth  the  contract. 

(3)  ^liere  goods  are  delivered  to  a  carrier  by  the  seller, 
in  accordance  with  an  order  from  or  agreement  with  the 
buyer,  upon  the  terms  that  the  goods  shall  not  be  delivered 
by  the  carrier  to  the  buyer  until  he  has  paid  the  price, 
whether  such  terms  are  indicated  by  marking  the  goods 
with  the  words  "  collect  on  delivery  ",  or  otherwise,  the 
buyer  is  not  entitled  to  examine  the  goods  before  payment 
of  the  price  in  the  absence  of  an  agreement  permitting  such 
examination. 

Section  48.  The  buyer  is  deemed  to  have  accepted  the 
goods  when  he  intimates  to  the  seller  that  he  has  accepted 
them,  or  when  the  goods  have  been  delivered  to  him  and 
he  does  any  act  in  relation  to  them  which  is  inconsistent 
with  the  ownership  of  the  seller,  ur  when,  after  the  lapse 


Buyer  deemed 
to  have  ac- 
cepted goods 
when,  etc. 


Acts,  1908.  — Chap.  237.  189 


of  a  reasonable  time,  he  retains  the  goods  without  intimat- 
ing to  the  seller  that  he  has  rejected  them. 

Section  49.     In  the  absence  of  an  express  or  implied  ^o°ods*bv'tiie^ 
agreement  of  the  parties,  acceptance  of  the  goods  by  the  \}^yfr  not  to 

1  in  Ti  1  n  c  Ti-T  ■      "  ^  discharge  seller 

bnjer  shall  not  discharge  the  seller  irom  liability  in  dam-  from  liability 
ages  or  other  legal  remedy  for  breach  of  any  promise  or  etc..  in  certain 
warranty  in  the  contract  to  sell  or  the  sale.  Bnt,  if,  after 
acceptance  of  the  goods,  the  buyer  fails  to  give  notice  to 
the  seller  of  the  breach  of  any  promise  or  warranty  within 
a  reasonable  time  after  the  buyer  knows,  or  ought  to  know 
of  such  breach,  the  seller  shall  not  be  liable  therefor. 

Section  50.     Unless  otherwise  agreed,  where  goods  are  Notification  to 
delivered  to  the  buyer,  and  he  refuses  to  accept  them,  hav-  bu.wr  recuses 
ing  the  right  so  to  do,  he  is  not  bound  to  return  them  to  goo^ds  sufficient 
the  seller,  but  it  is  sufhcient  if  he  notifies  the  seller  that  '"5*/*^'" 
he  refuses  to  accept  them. 

Section  51.     When  the  seller  is  ready  and  wulling  to  Buyer  liable 
deliver  the  goods,  and  requests  the  buyer  to  take  delivery,  sfoned^Thls 
and  the  buyer  does  not  within  a  reasonable  time  after  such  hffifio^ake" 
request  take  delivery  of  the  goods,  he  is  liable  to  the  seller  goodretc^  in 
for  any  loss  occasioned  by  his  neglect  or  refusal  to  take  certain  cases, 
delivery,  and  also  for  a  reasonable  charge  for  the  care  and 
custody  of  the  goods.     If  the  neglect  or  refusal  of  the 
buyer  to  take  delivery  amounts  to  a  repudiation  or  breach 
of   the   entire   contract,    the   seller   shall   have   the   rights 
against  the  goods  and  on  the  contract  hereinafter  provided 
in  favor  of  the  seller  when  the  buyer  is  in  default. 

PAET  IV. 

eights  of  unpaid  seller  against  the  goods. 

Section  52.     (1)   The  seller  of  goods  is  deemed  to  be  Seiier  of  good.s 
an  unpaid  seller  within  the  meaning  of  this  act :  —  S'leiie?  ""' 

(a)  When  the  whole  of  the  price  has  not  been  paid  or  '^^^^'  ®*''- 
tendered. 

(b)  AMien  a  bill  of  exchange  or  other  negotiable  instru- 
ment has  been  received  as  conditional  payment,  and  the 
condition  on  which  it  was  received  has  been  broken  by 
reason  of  the  dishonor  of  the  instrument,  the  insolvency 
of  the  buyer,  or  otherwise. 

(2)  In  this  part  of  this  act  the  term  "  seller  "  includes 
an  agent  of  the  seller  to  wdiom  the  bill  of  lading  has  been 
indorsed,  or  a  consignor  or  agent  who  has  himself  paid. 


190 


Acts,  1908.  — Ciiai'.  237. 


Rights  of  un- 
paid seller. 


or  is  directly  responsible  for,  the  price,  or  any  other  per- 
son who  is  in  the  position  of  a  seller. 

Section  5;].  (1)  Subject  to  the  provisions  of  this  act, 
notwithstanding  that  the  property  in  the  g'oods  may  have 
])assed  to  the  buyer,  the  unpaid  seller  of  goods,  as  such, 
has:  — 

(a)  A  lien  on  the  goods  or  right  to  retain  them  for  the 
price  while  he  is  in  j)ossession  of  them. 

(h)  In  case  of  th(>  insolvency  of  the  buyer,  a  right  of 
stopping  the  goods  in  transit  after  he  has  parted  with  the 
possession  of  them. 

(c)  A  right  of  resale  as  limited  by  this  act. 

(d)  A  right  to  rescind  the  sale  as  limited  by  this  act. 
(2)   Where  the  property  in  goods  has  not  passed  to  the 

buyer,  the  unpaid  seller  lias,  in  addition  to  his  other  reme- 
dies, a  right  of  withholding  delivery  similar  to  and  co- 
extensive with  his  rights  of  lien  and  stoppage  in  transit 
where  the  property  has  passed  to  the  buyer. 


Unpaid    seller 
may  retain 
possession  of 
goods  until 
payment  of 
tender  of 
price  when, 
etc. 


Unpaid  seller 
may  exercise 
risht  of  lien 
in  certain 
cases  of  par- 
tial delivery 
of  goods. 


Unpaid  seller 
of  goods  loses 
his  lien  thereon 
when,  etc. 


UNPAID    SELLER  S    LIEN. 

Section  54.  (1)  Subject  to  the  provisions  of  this  act, 
the  unj)aid  seller  of  goods  who  is  in  possession  of  them  is 
entitled  to  retain  possession  of  them  until  payment  or 
tender  of  the  price  in  the  following  cases,  namely :  — 

(a)  Where  the  goods  have  been  sold  withoiU  any  stipu- 
lation as  to  credit. 

(h)  Where  the  goods  have  been  sold  on  credit,  but  the 
term  of  credit  has  expired. 

(c)   Where  the  buyer  becomes  insolvent. 

(2)  The  seller  may  exercise  his  right  of  lien  notwith- 
standing that  he  is  in  possession  of  the  goods  as  agent  or 
bailee  for  the  buyer. 

Section   55.     Where  an  unpaid  seller  has  made  part 
delivery  of  the  goods,  he  may  exercise  his  right  of  lien  on 
the  remainder,  unless  such  part  delivery  was  made  under 
such  circumstances  as  to  show  an  intent  to  waive  the  lien, 
or  right  of  retention. 

Section  56.  (1)  The  unpaid  seller  of  goods  loses  his 
lien  thereon :  — 

(a)  When  he  delivers  the  goods  to  a  carrier  or  other 
bailee  for  the  purpose  of  transmission  to  the  buyer  with- 
out reserving  the  property  in  the  goods  or  the  right  to  the 
possession  thereof. 


Acts,  1908.  — Chap.  237.  191 

(b)  When  the  buyer  or  his  agent  lawfully  ol)tains  pos- 
session of  the  goods. 

(c)  By  waiver  thereof. 

(2)  The  unpaid  seller  of  goods,  having  a  lien  thereon, 
does  not  lose  his  lien  by  reason  only  that  he  has  obtained 
a  judgment  or  decree  for  the  price  of  the  goods. 


STOPPAGE    IN    TRANSIT. 

Section  57.     Subject  to  the  provisions  of  this  act,  when  unpaid  seller 
the   buyer  of  goods   is  or   becomes  insolvent,   the  unpaid  gooa.sin'tran?it 
seller  who  has  parted  with  the  possession  of  the  goods  has  '"  certain  cases, 
the  right  of  stopping  them  in  transit ;  that  is  to  say,  he 
may  resume  jDOssession  of  the  goods  at  any  time  while  they 
are  in  transit,  and  he  will  then  become  entitled  to  the  same 
rights  in  regard  to  the  goods  which  he  would  have  had  if 
he  had  never  parted  with  the  possession. 

Section  58.     (1)    Goods  are  in  transit  within  the  mean-  Goods  are  in 

(■  ,•  i2J?j-  transit  when, 

mg  01  section  nity-seven :  —  etc. 

(a)  From  the  time  when  they  are  delivered  to  a  carrier 
l)y  land  or  water,  or  other  bailee,  for  the  purpose  of  trans- 
mission to  the  buyer,  until  the  buyer,  or  his  agent  in  that 
behalf,  takes  delivery  of  them  from  such  carrier  or  other 
bailee ; 

{b)  If  the  goods  are  rejected  by  the  buyer,  and  the  car- 
rier or  other  bailee  continues  in  possession  of  them,  even 
if  the  seller  has  refused  to  receive  them  back. 

(2)  Goods  are  no  longer  in  transit  within  the  meaning 
of  section  fifty-seven :  — 

(a)  If  the  buyer,  or  his  agent  in  that  behalf,  obtains 
delivery  of  the  goods  before  their  arrival  at  the  appointed 
destination ; 

(6)  If,  after  the  arrival  of  the  goods  at  the  appointed 
destination,  the  carrier  or  other  bailee  acknowledges  to 
the  buyer  or  his  agent,  that  he  holds  the  goods  on  his  be- 
half and  continues  in  possession  of  them  as  bailee  for  the 
buyer,  or  his  agent ;  and  it  is  immaterial  that  a  further 
destinati(jn  for  the  goods  may  have  been  indicated  by  the 
buyer ; 

(c)  If  the  carrier  or  other  bailee  wrongfully  refuses  to 
deliver  the  goods  to  the  buyer,  or  his  agent  in  that  behalf. 

(-3)  If  goods  are  delivered  to  a  ship  chartered  ])y  the 
buyer,  it  is  a  question  depending  on  the  circumstances  of 


192 


Acts,  1908.  — Ciiai>.  2:37 


tlie  particular  case  whether  they  are  in  the  possession  of 
the  master  as  a  carrier,  or  as  agent  of  the  buyer. 

(4)  If  part  delivery  of  the  goods  has  been  made  to  the 
buyer,  or  his  agent  in  that  behalf,  the  remainder  of  the 
goods  may  be  stopped  in  transit,  unless  such  part  delivery 
has  been  made  under  such  circumstances  as  to  show  an 
agreement  with  the  buyer  to  give  up  possession  of  the 
whole  of  the  goods. 
How  unpaid  Section  59.      (1)   The  Unpaid  seller  may  exercise  his 

seller  may  ex-         .  .  >     ^  .         .  ^,  ,  ,        .     .'^ 

ercise  his  risiit  right  01  stoppagc  m  transit  either  by  obtaining  actual  pos- 
transit,  etc.  scssiou  of  the  goods,  or  by  giving  notice  of  his  claim  to 
the  carrier  or  other  bailee  in  whose  possession  the  goods 
are.  Such  notice  may  be  given  either  to  the  person  in 
actual  possession  of  the  goods  or  to  his  principal.  In  the 
latter  case  the  notice,  to  be  effectual,  must  be  given  at  such 
time  and  under  such  circumstances  that  the  principal,  by 
the  exercise  of  reasonable  diligence,  may  prevent  a  de- 
livery to  the  buyer. 

(2)  When  notice  of  stoppage  in  transit  is  given  by  the 
seller  to  the  carrier  or  other  bailee  in  possession  of  the 
goods,  he  must  redeliver  the  goods  to,  or  according  to 
the  direction  of,  the  seller.  The  expenses  of  such  redelivery 
must  be  borne  by  the  seller.  If,  however,  a  negotiable 
document  of  title  representing  the  goods  has  been  issued 
by  the  carrier  or  other  bailee,  he  shall  not  be  obliged  to 
deliver,  or  be  justified  in  delivering,  the  goods  to  the 
seller  unless  such  document  is  first  surrendered  for  can- 
cellation. 


Unpaid  seller 
may  resell 
goods  in  cer- 
tain cases,  etc. 


RESALE    BY    THE    SELLER. 

Section  60.  (1)  Where  the  goods  are  of  a  perishable 
nature,  or  where  the  seller  expressly  reserves  the  right  of 
resale  in  case  the  buyer  should  make  default,  or  where  the 
buyer  has  been  in  default  in  the  payment  of  the  price  an 
unreasonable  time,  an  unpaid  seller  having  a  right  of  lien 
or  having  stopped  the  goods  in  transit  may  resell  the  goods. 
He  shall  not  thereafter  be  liable  to  the  original  buyer  upon 
the  contract  to  sell  or  upon  the  sale,  or  for  any  profit  made 
by  such  resale,  but  may  recover  from  the  buyer  damages 
for  any  loss  occasioned  by  the  breach  of  the  contract  or 
the  sale. 

(2)  Where  a  resale  is  made,  as  authorized  by  this  sec- 
tion, the  buyer  acquires  a  good  title  as  against  the  original 
buyer. 


Acts,  1908.  — Chap.  237.  193 

(3)  It  is  not  essential  to  the  validity  of  a  resale  that 
notice  of  an  intention  to  resell  the  goods  he  given  by  the 
seller  to  the  original  bnyer.  Bnt  where  the  right  to  resell 
is  not  based  on  the  perishable  natnre  of  the  goods  or  npon 
an  express  provision  of  the  contract  or  of  the  sale,  the  giv- 
ing or  failnre  to  give  such  notice  shall  be  relevant  in  any 
issne  involving  the  qnestion  whether  the  buyer  had  been  in 
default  an  unreasonable  time  before  the  resale  was  made. 

(4)  It  is  not  essential  to  the  validity  of  a  resale  that 
notice  of  the  time  and  place  thereof  should  be  given  by  the 
seller  to  the  original  buyer. 

(5)  The  seller  is  bound  to  exercise  reasonable  care  and 
judgment  in  making  a  resale,  and  subject  to  this  require- 
ment may  make  a  resale  either  by  public  or  private  sale. 

EESCISSIOX    BY    THE    SELLER. 

Section  61.     (1)   An  unpaid  seller  havinc:  a  riffht  of  Unpaid  seller 

.  Ill-  •  •  may  rescind 

hen  or  having  stopped  the  goods  m  transit,  may  rescind  transfer  of 
the  transfer  of  title  and  resume  the  property  in  the  goods,  sume  property 
w^here  he  expressly  reserved  the  right  to  do  so  in  case  the  certain  cases, 
buyer  should  make  default,  or  where  the  buyer  has  been 
in  default  in  the  payment  of  the  price  an  unreasonable 
time.     The  seller  shall  not  thereafter  be  liable  to  the  buyer 
upon  the  contract  to  sell  or  the  sale,  but  may  recover  from 
the  buyer  damages  for  any  loss  occasioned  by  the  breach 
of  the  contract  or  of  the  sale. 

(2)  The  transfer  of  title  shall  not  be  held  to  have  been 
rescinded  by  an  unpaid  seller  until  he  has  manifested  by 
notice  to  the  buyer  or  by  some  other  overt  act  an  intention 
to  rescind.  It  is  not  necessary  that  such  overt  act  should 
be  communicated  to  the  buyer,  but  the  giving  or  failure 
to  give  notice  to  the  buyer  of  the  intention  to  rescind  shall 
be  relevant  in  any  issue  involving  the  question  whether  the 
buyer  had  been  in  default  an  unreasonable  time  before  the 
right  of  rescission  was  asserted. 

Section  G2,     Subject  to  the  provisions  of  this  act,  the  unpaid  seller's 
unpaid  seller's  right  of  lien  or  stoppage  in  transit  is  not  "t^'^'.^noV"^"' 
affected  by  any  sale  or  other  disposition  of  the  goods  which  cfr'tainVa'^es, 
the  buyer  may  have  made,  unless  the  seller  has  assented  ^*''- 
thereto. 

If,  however,  a  negotiable  document  of  title  has  been 
issued  for  goods,  no  seller's  lien  or  right  of  stoppage  in 
transit  shall  defeat  the  right  of  any  purchaser  for  value 


194 


Acts,  1908.  — Chap.  237 


in  good  faith  to  whom  such  dociinient  has  been  negotiated, 
whether  such  negotiation  be  prior  or  subsequent  to  the 
notification  to  the  carrier  or  other  bailee  who  issued  the 
document,  of  the  seller's  claim  to  a  lien  or  right  of  sto^)- 
page  in  transit. 

PART  V. 


Remedies  of 
seller  in  case 
of  breach  of 
contract. 


Seller  may 
maintain 
action  for 
damages  for 
non-accept- 
ance in  certain 
cases. 


ACTIOXS    FOR    BREACH    OF    THE    CONTRACT. 

Be  me  dies  of  tlie  Seller. 

Section  G3.  (1)  Where,  under  a  contract  to  sell  or  a 
sale,  the  property  in  the  goods  has  passed  to  the  buyer, 
and  the  buyer  wrongfully  neglects  or  refuses  to  pay  for 
the  goods  according  to  the  terms  of  the  contract  or  the 
sale,  the  seller  may  maintain  an  action  against  him  for  the 
price  of  the  goods. 

(2)  AMiere,  under  a  contract  to  sell  or  a  sale,  the  price 
is  payable  on  a  day  certain,  irrespective  of  delivery  or  of 
transfer  of  title,  and  the  buyer  wrongfully  neglects  or  re- 
fuses to  jDay  such  price,  the  seller  may  maintain  an  action 
for  the  price,  although  the  property  in  the  goods  has  not 
passed,  and  the  goods  have  not  been  appropriated  to  the 
contract.  But  it  shall  be  a  defense  to  such  an  action  that 
the  seller  at  any  time  before  judg-ment  in  such  action  has 
manifested  an  inability  to  perform  the  contract  or  the  sale 
on  his  part  or  an  intention  not  to  perform  it. 

(3)  Although  the  property  in  the  goods  has  not  passed, 
if  they  cannot  readily  be  resold  for  a  reasonable  price, 
and  if  the  provisions  of  section  sixty-four  (4)  are  not  ap- 
plicable, the  seller  may  offer  to  deliver  the  goods  to  the 
l3uyer,  and,  if  the  buyer  refuses  to  receive  them,  may 
notify  the  buyer  that  the  goods  are  thereafter  held  by  the 
seller  as  bailee  for  the  buyer.  Thereafter  the  seller  shall 
treat  the  goods  as  the  buyer's,  and  may  maintain  an  action 
for  the  price. 

Sectio>-  6-i.  (1)  AMiere  the  buyer  wrongfully  neg- 
lects or  refuses  to  accept  and  pay  for  the  goods,  the  seller 
may  maintain  an  action  against  him  for  damages  for  non- 
acceptance. 

(2)  The  measure  of  damages  is  the  estimated  loss  di- 
rectly and  naturally  resulting,  in  the  ordinary  course  of 
events,  from  the  buyer's  breach  of  contract. 

(8)  ^^Tlere  there  is  an  available  market  for  the  goods 
in  question,  the  measure  of  damages  is,  in  the  absence  of 


Acts,  1908.  — Chap.  237.  195 

special  circumstances  showing  proximate  damage  of  a 
greater  amonnt,  the  difi'erence  between  the  contract  price 
and  the  market  or  current  price  at  the  time  or  times  when 
the  goods  ought  to  have  been  accepted,  or,  if  no  time  was 
fixed  for  acceptance,  then  at  the  time  of  the  refusal  to 
accept. 

(4)  If,  while  labor  or  expense  of  material  amount  are 
necessary  on  the  part  of  the  seller  to  enable  him  to  fulfill 
his  obligations  under  the  contract  to  sell  or  the  sale,  the 
buyer  repudiates  the  contract  or  the  sale,  or  notifies  the 
seller  to  proceed  no  further  therewith,  the  buyer  shall  be 
liable  to  the  seller  for  no  greater  damages  than  the  seller 
would  have  suffered  if  he  did  nothing  toward  carrying  out 
the  contract  or  the  sale  after  receiving  notice  of  the  buyer's 
repudiation  or  countermand.  The  profit  which  the  seller 
would  have  made  if  the  contract  or  the  sale  had  been  fully 
performed  shall  be  considered  in  estimating  such  damages. 

SECTioisr  65.     Where  the  goods  have  not  been  delivered  folaiiy^rescind 
to  the  buyer,  and  the  buyer  has  repudiated  the  contract  to  contractor 

"       "  , '  .      T  .   .  ,  .      s^'^  ^^  certain 

sell  or  sale,  or  has  manifested  his  inability  to  perform  his  cases, 
■obligations  thereunder,  or  has  committed  a  material  breach 
thereof,  the  seller  may  totally  rescind  the  contract  or  the 
sale  by  giving  notice  of  his  election  so  to  do  to  the  buyer. 

Berne  dies  of  tJie  Buyer. 

Section    6Q.      AMiere   the    property    in   the   goods   has  Remedies  of 
passed  to  the  buyer  and  the  seller  wrongfully  neglects  or  onireadi*o/^ 
refuses  to  deliver  the  goods,  the  buyer  may  maintain  any  '^°°*"'^'- 
action  allowed  by  law  to  the  owner  of  goods  of  similar 
kind  wrongfully  converted  or  withheld. 

Sectiox  07.     (1)   Where  the  property  in  the  goods  has  Buyer  may 
not  passed  to  the  buyer,  and  the  seller  wrongfully  neglects  action  for 
or  refuses  to  deliver  the  goods,  the  buyer  may  maintain  an  non-deffvery. 
action  against  the  seller  for  damages  for  non-delivery. 

(2)  The  measure  of  damages  is  the  loss  directly  and 
naturally  resulting,  in  the  ordinary  course  of  events,  from 
the  seller's  breach  of  contract. 

(3)  Where  there  is  an  available  market  for  the  goods 
in  question,  the  measure  of  damages,  in  the  absence  of 
special  circumstances  showing  proximate  damages  of  a 
greater  amount,  is  the  difference  between  the  contract  price 
and  the  market  or  current  price  of  the  goods  at  the  time 
or  times  when  they  ought  to  have  been  delivered,  or,  if 


196 


Acts,  19U8.  — Chap.  237. 


Court  may 
direct  that 
contract  shall 
be  performed 
specifically  in 
certain  cases. 


Kiehts  of 
buyer  in   case 
of  breach  of 
warranty,  etc. 


no  timo  was  fixed,  then  at  the  time  of  the  refusal  to 
deliver. 

Section  68.  Where  the  seller  has  broken  a  contract  to 
deliver  specific  or  ascertained  goods,  a  conrt  having  the 
powers  of  a  court  of  equity  may,  if  it  thinks  fit,  on  the 
ajiplication  of  the  buyer,  by  its  judgment  or  decree  direct 
that  the  contract  shall  be  performed  specifically,  without 
giving  the  seller  the  option  of  retaining  the  goods  on  pay- 
ment of  damages.  The  judgment  or  decree  may  be  un- 
conditional, or  upon  such  terms  and  conditions  as  to  dam- 
ages, payment  of  the  price  and  othcrAvise,  as  the  court 
may  deem  just. 

Section  69.  (1)  ^Miere  there  is  a  breach  of  warranty 
by  the  seller,  the  buyer  may,  at  his  election :  — 

(a)  Accept  or  keep  the  goods  and  set  up  against  the 
seller  the  breach  of  warranty  by  way  of  recoupment  in 
diminution  or  extinction  of  the  price ; 

(b)  Accept  or  keep  the  goods  and  maintain  an  action 
against  the  seller  for  damages  for  the  breach  of  warranty ; 

(c)  Refuse  to  accept  the  goods,  if  the  property  therein 
has  not  passed,  and  maintain  an  action  against  the  seller 
for  damages  for  the  breach  of  warranty; 

(d)  Rescind  the  contract  to  sell  or  the  sale  and  refuse 
to  receive  the  goods,  or  if  the  goods  have  already  been  re- 
ceived, return  them  or  offer  to  return  them  to  the  seller  and 
recover  the  price  or  any  part  thereof  which  has  been  paid. 

(2)  When  the  buyer  has  claimed  and  has  been  granted 
a  remedy  in  any  one  of  these  ways,  no  other  remedy  shall 
thereafter  be  granted. 

(3)  Where  the  goods  have  been  delivered  to  the  buyer, 
he  cannot  rescind  the  sale  if  he  knew  of  the  breach  of  war- 
ranty when  he  accepted  the  goods,  or  if  he  fails  to  notify 
the  seller  within  a  reasonable  time  of  the  election  to  re- 
scind, or  if  he  fails  to  return  or  to  offer  to  return  the  goods 
to  the  seller  in  substantially  as  good  condition  as  they  were 
in  at  the  time  wdien  the  property  was  transferred  to  the 
buyer.  But  if  deterioration  or  injury  of  the  goods  is  due 
to  the  breach  of  warranty,  such  deterioration  or  injury 
shall  not  prevent  the  buyer  from  returning  or  offering  to 
return  the  goods  to  the  seller  and  rescinding  the  sale. 

(4)  Where  the  buyer  is  entitled  to  rescind  the  sale  and 
elects  to  do  so,  the  buyer  shall  cease  to  be  liable  for  the 
price  upon  returning  or  offering  to  return  the  goods.     If 


Acts,  1908.  — Chap.  237.  197 

the  price  or  any  part  thereof  has  already  been  paid,  the 
seller  shall  be  liable  to  repay  so  much  thereof  as  has  been 
paid,  concurrently  with  the  return  of  the  goods,  or  imme- 
diately after  an  offer  to  return  the  goods  in  exchange  for 
repayment  of  the  price. 

( 5 )  AVhere  the  buyer  is  entitled  to  rescind  the  sale  and 
elects  to  do  so,  if  the  seller  refuses  to  accept  an  offer  of 
the  buyer  to  return  the  goods,  the  buyer  shall  thereafter 
be  deemed  to  hold  the  goods  as  bailee  for  the  seller,  but 
subject  to  a  lien  to  secure  the  repayment  of  any  portion 
of  the  price  which  has  been  paid,  and  with  the  remedies 
for  the  enforcement  of  such  lien  allowed  to  an  unpaid 
seller  by  section  fifty-three. 

(6)  The  measure  of  damages  for  breach  of  warranty  is 
the  loss  directly  and  naturally  resulting,  in  the  ordinary 
course  of  events,  from  the  breach  of  warranty. 

(7)  In  the  case  of  breach  of  warranty  of  quality,  such 
loss,  in  the  absence  of  special  circumstances  showing  proxi- 
mate damage  of  a  greater  amount,  is  the  difference  be- 
tween the  value  of  the  goods  at  the  time  of  delivery  to  the 
buyer  and  the  value  they  would  have  had  if  they  had 
answered  to  the  warranty. 

Section  70.     Nothing  in  this  act  shall  affect  the  right  ofiwe/Lf *^ 
of  the  buyer  or  of  the  seller  to  recover  interest  or  special  |gg^j.^g°^* 
damages  in  any  case  where  by  law  interest  or  special  dam- 
ages may  be  recoverable,  or  to  recover  money  paid  where 
the  consideration  for  the  payment  of  it  has  failed. 

PART  Yl. 

INTERPRETATION. 

Section  71.    Wliere  any  right,  dutv,  or  liability  would  Certain  rights 

•J        ^      '  t  '  ^  ^   ii    ^  /.  '^''  duties,  etc., 

arise  under  a  contract  to  sell  or  a  sale  by  implication  of  may  be  nega- 
law,  it  may  be  negatived  or  varied  by  express  agreement 
or  by  the  course  of  dealing  between  the  parties,  or  by  cus- 
tom, if  the  custom  be  such  as  to  bind  both  parties  to  the 
contract  or  sale. 

Section  72.  Where  any  right,  duty  or  lialnlity  is  de-  Certain  rights 
clared  by  this  act,  it  may,  unless  otherwise  herein  pro-  mayVe^en^- "'* 
vided,  be  enforced  by  action.  Icdon.*"^ 

Section  7o.     In  any  case  not  provided  for  in  this  act,  ^^}^^  ofj^w 

J.1  1  c   1  1  •  -  •       T      1  •  11  1         ,      ^"'^  equity  to 

tne  rules  oi  law  and  equity,  including  the  law  merchant,  continue  to 


198 


Acts,  1908.  —  Chap.  237. 


apply  in 
certain  cases. 


Interpretation 
and  con- 
struction. 


Not  to  apply 
to  certain 
transactions. 


Certain  terms 
defined. 


and  in  particular  the  rules  relating  to  the  law  of  principal 
and  agent  and  to  the  effect  of  fraud,  misrepresentation, 
duress  or  coercion,  mistake,  bankruptcy,  or  other  invalidat- 
ing cause,  shall  continue  to  api)ly  to  contracts  to  sell  and 
to  sales  of  goods. 

Section  74.  This  act  shall  be  so  interpreted  and  con- 
strued, if  possible,  as  to  effectuate  its  general  purpose  to 
make  uniform  the  law  of  those  states  which  enact  it. 

Section  75.  The  provisions  of  this  act  relating  to  eon- 
tracts  to  sell  and  to  sales  do  not  apply,  unless  so  stated, 
to  any  transaction  in  the  form  of  a  contract  to  sell  or  a 
sale  which  is  intended  to  operate  by  way  of  mortgage, 
j)ledge,  charge,  or  other  security. 

Section  76.  (1)  In  this  act,  unless  the  context  or 
subject-matter  otherwise  requires :  — 

"  Action "  includes  counterclaim,  set-off  and  suit  in 
equity. 

''  Bu^'er  "  means  a  person  who  buys  or  agrees  to  buy 
goods,  or  any  legal  successor  in  interest  of  such  person. 

"  Defendant  "  includes  a  plaintiff  against  whom  a  right 
of  set-oft"  or  counterclaim  is  asserted. 

"  Delivery  "  means  voluntary  transfer  of  possession  from 
one  person  to  another. 

"  Divisible  contract  to  sell  "  or  "  divisible  sale  "  means 
a  contract  to  sell  or  a  sale  in  which  by  its  terms  the  price 
for  a  portion  or  portions  of  the  goods  less  than  the  whole 
is  fixed  or  ascertainable  by  computation. 

"  Document  of  title  to  goods "  includes  any  bill  of 
lading,  dock  warrant,  warehouse  receipt  or  order  for  the 
delivery  of  goods,  or  any  other  document  used  in  the  or- 
dinary course  of  business  in  the  sale  or  transfer  of  goods, 
as  proof  of  the  possession  or  control  of  the  goods,  or  au- 
thorizing or  purporting  to  authorize  the  possessor  of  the 
document  to  transfer  or  receive,  either  by  endorsement  or 
by  delivery,  goods  represented  by  such  document. 

"  Fault  "  means  wrongful  act  or  default. 

"  Fungible  goods  "  mean  goods  of  which  any  unit  is 
from  its  nature  or  by  mercantile  usage  treated  as  the 
equivalent  of  any  other  unit. 

"  Future  goods  "  mean  goods  to  be  manufactured  or 
acquired  by  the  seller  after  the  making  of  the  contract  of 
sale. 


Acts,  1908.  — Chap.  237.  199 

"  Goods  "  include  all  chattels  personal  other  than  things  ^^^^^f^JJ  terms 
in  action  and  money.     The  term  includes  emblements,  in- 
dustrial growing  crops,  and  things  attached  to  or  forming 
part  of  the  land  which  are  agreed  to  be  severed  before  sale 
or  under  the  contract  of  sale. 

"  Order  "  in  sections  of  this  act  relating  to  documents 
of  title  means  an  order  by  indorsement  on  the  document. 

"  Person  "  includes  a  corporation  or  partnership  or  two 
or  more  persons  having  a  joint  or  common  interest. 

.''  Plaintilf ''  includes  defendant  asserting  a  right  of 
set-off  or  counterclaim. 

"  Property  "  means  the  general  property  in  goods,  and 
not  merely  a  special  property. 

"■  Purchaser  "  includes  mortgagee  and  pledgee. 

"  Purchases  "  includes  taking  as  a  mortgagee  or  as  a 
pledgee. 

''  Quality  of  goods  "   includes  their  state  or  condition. 

''  Sale  "  includes  a  bargain  and  sale  as  well  as  a  sale 
and  delivery. 

"  Seller "  means  a  person  who  sells  or  agrees  to  sell 
goods,  or  any  legal  successor  in  interest  of  such  person. 

''  Specific  goods "  means  goods  identified  and  agreed 
upon  at  the  time  a  contract  to  sell  or  a  sale  is  made. 

"  Value  "  is  any  consideration  sufficient  to  support  a 
simple  contract.  An  antecedent  or  pre-existing  claim, 
whether  for  money  or  not,  constitutes  value  where  goods 
or  documents  of  title  are  taken  either  in  satisfaction 
thereof  or  as  security  therefor. 

(2)  A  thing  is  done  ''  in  good  faith  "  within  the  mean- 
ing of  this  act  when  it  is  in  fact  done  honestly,  whether  it 
be  done  negligently  or  not. 

(3)  A  person  is  insolvent  within  the  meaning  of  this 
act  who  either  has  ceased  to  pay  his  debts  in  the  ordinary 
course  of  business  or  cannot  pay  his  debts  as  they  become 
due,  whether  he  has  committed  an  act  of  bankruptcy  or 
not,  and  whether  he  is  insolvent  within  the  meaning  of 
the  federal  bankruptcy  law  or  not. 

(4)  Goods  are  in  a  ''deliverable  state"  within  the 
meaning  of  this  act  when  they  are  in  such  a  state  that 
the  buyer  would,  under  the  contract,  be  bound  to  take 
delivery  of  them. 

Section  77.     This  act  may  be  cited  as  the  Sales  Act.  !qj°  \?Jg'g®Ac? 


200 


Acts,  1908.  — Chaps.  238,  239,  240. 


R.  L.  74.  §  5, 
etc.,  repealed. 


When  to  take 
effect. 


R.  L.  75, 
§§  25,  26. 
repealed. 


Section  78.  Section  five  of  chapter  seventy-four  of 
the  Kevised  Laws  and  all  acts  and  parts  of  acts  inconsist- 
ent herewith  are  hereby  repealed. 

Section  79.  This  act  shall  take  effect  on  the  first  day 
of  January  in  the  yeai"  nineteen  hundred  and  nine. 

Approved  March  IS,,  1908. 

Chap.2S8  Ax  Act  relative  to  the  sale  of  adulterated  food 

AND    DRUGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Sections  twenty-five  and  twenty-six  of  chap- 
ter seventy-five  of  the  Revised  Laws,  relating  to  the  sale 
of  adulterated  food  and  drugs,  are  hereby  repealed. 

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

Approved  March  18,  1908. 

Chap.239  Ax  iicT  to  coxfirm  a  bettermext  revisiox  order  of 

THE   BOARD   OF    STREET    COMMISSIOXERS    OF   THE    CITY   OF 
BOSTON". 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  order  for  revision  of  the  assessment 
for  the  improvement  of  Charlestown  street  in  the  city  of 
Boston,  levied  on  lot  numbered  sixty-two,  owned  by  Cath- 
erine A.  Doherty,  passed  by  the  board  of  street  commis- 
sioners of  said  city  April  fifth,  nineteen  hundred  and 
seven,  is  hereby  confirmed  and  made  valid. 

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

Approved  March  19,  1908. 


Certain  order 
for  revision  of 
assessment 
confirmed. 


Chap.24:0  An  Act  to  provide  for  the  preparation  axd  publica- 

TIOX    OF   A    supplement    TO    THE    REVISED   LAWS. 

Be  it  enacted,  etc.,  as  follows: 
Suppienient  to        Sectiox'  1.     Tho  govcruor,  with  the  advice  and  consent 
Laws,  ap^'point-  of  tlic  couucil,  shall  appoint  some  skilled  person  who  shall 
to'^prepar^'etX'!  prepare  a  supplement  to  the  Revised  Laws,  containing  the 
general  laws  passed  since  the  enactment  of  the  Revised 
Laws  down  to  and  including  the  year  nineteen  hundred 
and  eight,  arranged  in  chapters  corresponding  to  the  Re- 
vised Laws,  together  with  a  suitable  index  thereof,  with 
marginal  references  to  the  statutes  affected  by  such  gen- 
eral laws  and  to  the  decisions  of  tho  su]ireme  judicial  court 


Acts,  1908.  — Chap.  240.  201 

of  Massacliusetts  and  of  the  supreme  court  of  the  United 
States,  and  the  printed  opinions  of  the  attorney-general  re- 
lating to  them. 

Sectiox   2.      The  compensation   for  the   said   services  Compensation, 
shall  be  fixed  bv  the  governor  and  council. 

Sectiox  3.  The  supplement  herein  provided  for  shall  lie?' ^'^'''''°' 
be  j)rinted,  and  the  first  edition  shall  consist  of  four  thou- 
sand copies,  of  which  three  thousand  copies  shall  be  bound, 
and  farther  copies  thereof  may  be  bound  at  the  discretion 
of  the  governor  and  council.  In  said  printed  supplement 
shall  be  included  a  copy  of  the  table  of  changes  in  the 
Revised  Laws  and  the  laws  subsequent  thereto  as  prepared 
for  the  year  nineteen  hundred  and  eight,  under  the  au- 
thority of  section  one  of  chapter  nine  of  the  Revised  Laws. 

Sectiox  4.  Copies  of  the  said  supplement  shall  be  dis-  Distribution, 
tributed  as  follows :  —  To  his  excellency  the  governor,  the 
president  of  the  senate,  and  the  speaker  of  the  house  of 
representatives,  five  copies  each ;  to  the  clerk  of  the  senate, 
for  the  use  of  the  senate,  twelve  copies ;  to  the  clerk  of  the 
house  of  representatives,  for  the  use  of  the  house,  twenty- 
four  copies ;  to  the  sergeant-at-arms,  for  the  use  of  the  com- 
mittees of  the  general  court,  twenty-five  copies ;  to  each 
member  and  ofiicer  of  the  senate  and  house  of  representa- 
tives of  nineteen  hundred  and  eight,  two  copies ;  to  the 
newspaper  reporters  to  whom  seats  are  regularly  assigned 
in  the  senate  or  house  of  nineteen  hundred  and  eight,  one 
copy  each ;  to  the  state  library,  fifty  copies  for  use  in  said 
library  and  for  exchange  with  institutions  and  associations 
outside  the  commonwealth ;  to  the  lieutenant  governor,  the 
members  of  the  executive  council  of  nineteen  hundred  and 
eight,  the  secretary  of  the  commonwealth,  the  treasurer, 
the  auditor,  and  the  attorney-general,  two  copies  each  ;  to  the 
assistant  attorneys-general,  adjutant  general,  chief  of  the 
district  police,  insurance  commissioner,  tax  commissioner, 
railroad  commissioners,  harbor  and  land  commissioners, 
bank  commissioner,  gas  and  electric  light  commissioners, 
the  state  ballot  law  commissioners,  the  commissioner  of  pub- 
lic records,  the  police  commissioner  of  the  city  of  Boston, 
the  members  of  the  board  of  police  for  the  city  of  Fall 
River,  the  members  of  the  licensing  board  of  the  city  of 
Boston,  the  pension  agent,  the  ofiice  of  the  board  of  agricul- 
ture, the  office  of  the  board  of  education,  the  office  of  the 
l>oard  of  eharitv,  the  office  of  the  board  of  insanity,  the  office 


202  Acts,  1908.  — Chap.  240. 

Distribution,     of  tlic  boai'd  of  health,  the  office  of  the  hoard  of  conciliation 
and  arbitration,  the  office  of  the  armory  commission,  the 
office  of  the  Boston  transit  commission,  the  office  of  the 
cattle  hiireaii,  the  office  of  the  civil  service  commission, 
the  office  of  the  controller  of  comity  accounts,  the  office  of 
the  board  of  registration  in  medicine,  the  office  of  the  board 
of  registration  in  pharmacy,  the  office  of  the  board  of  reg- 
istration in  dentistry,  the  office  of  the  highway  commis- 
sion, the  office  of  the  commissioners  on  fisheries  and  game, 
the  Imreau  of  statistics  of  labor,  the  office  of  the  metropoli- 
tan park  commission,  the  office  of  the  metropolitan  water 
and   sewerage   board,   the  office   of  the   nautical    training 
school  commission,  the  office  of  the  prison  commission,  the 
office  of  the  commissioner  of  state  aid,  the  state  institu- 
tions, the  justices,  associate  justices,  clerks  and  registers 
of  the  judicial  courts,  trial  justices,  district  attorneys  and 
assistant  district  attorneys,  county  treasurers,  register^  of 
deeds,  boards  of  county  commissioners,  sheriifs,  masters  of 
houses  of  correction,  the  cities  and  towns  of  the  common- 
wealth, free  public  libraries  which  are  open  to  the  use  of 
the  inhabitants  of  the  cities  or  towns  in  wdiich  they  are 
situated,  the  law^  and  general  libraries  of  Harvard  Univer- 
sity, Williams  College,  Amherst  College,   Tufts   College, 
Boston  University,  Massachusetts  Institute  of  Technology, 
College  of  the  Holy  Cross,  Massachusetts  Agricultural  Col- 
lege,  Wellesley  College,   Smith   College,   Mount  Holyoke 
College,  Boston  College,  Worcester  Polytechnic  Institute, 
Clark  University,  Bradford  Academy,  Willi st on  Seminary, 
state  normal  schools,  high  schools  applying  to  the  secretary 
of  the  commonwealth  for  the  same,  one  common  school  in 
each  tow^l  having  no  high  school,  to  be  designated  by  the 
school  committee  of  the  town,  the  American  Academy  of 
Arts  and  Sciences,  the  Massachusetts  Historical  Society, 
the  jS^ew  England  Historic  Genealogical  Society,  the  Old 
Colony    Historical    Society,    the    Boston    Athenseum,    the 
American   Antiquarian   Society   and   the   Society  of  An- 
tiquity at  Worcester,  the  Essex  Institute  at  Salem,  the 
Pilgrim  Society  at  Plymouth,  and  the  county  law  libra- 
ries, one  copy  each;  to  the  secretary  of  state  of  the  United 
States,  four  copies ;  to  the  library  of  congress,  three  copies ; 
to  the  chief  justice  and  associate  justices  of  the  United 
States  supreme  court,  the  judges  and  clerks  of  the  United 
States  circuit  and  district  courts  in  Massachusetts,  and  to 


Acts,  1908.  — Chap.  241.  203 

the  states  and  territories  of  the  United  States,  one  copy 
each.  The  secretary  of  the  commonwealth  may  also  dis- 
tribute at  his  discretion,  for  otHcial  purposes  only,  two 
hundred  copies.  The  remaining  copies  shall  he  retained 
in  the  office  of  the  secretary  of  the  commonwealth  for  such 
additional  distribution  as  may  from  time  to  time  be  re- 
quired, and  for  sale  at  a  price  to  be  fixed  by  the  secretary, 
of  not  less  than  the  cost  thereof,  and  additional  copies  may 
be  printed  for  sale  at  the  discretion  of  the  secretary,  the 
expense  thereof  to  be  paid  from  the  receipts  of  such  sale. 
Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  19,  100 S. 


ChapMl 


chased. 


Ax  Act  to  authorize  the  purchase  of  certaix  his- 
torical WORKS  relative  TO  THE  SERVICES  OF  MASSA- 
CHUSETTS  VOLUXTEEKS   DURING    THE    CIVIL   WAR. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  four  hundred  and  thirteen  of  iSQS.  4i3,  §  i, 
the  acts  of  the  year  eighteen  hundred  and  ninety-three  is 
hereby  amended  by  inserting  after  the  word  "  volunteers  '\ 
in  the  third  line,  the  words :  —  or  any  body  of  soldiers 
comprising  not  less  than  one  company  of  volunteers  formed 
in  and  credited  to  the  quota  of  Massachusetts  mustered 
into  and  forming  a  part  of  a  regiment  of  any  other  state, 
—  so  as  to  read  as  follows  :  —  Section  1.  Whenever,  after  Certain  his- 
the  passage  of  this  act,  any  regiment  or  battery,  or  other  to"e*pur°'^'^^ 
unit  of  military  organization  of  Massachusetts  volunteers, 
or  any  body  of  soldiers  comprising  not  less  than  one  com- 
pany of  volunteers  formed  in  and  credited  to  the  quota  of 
Massachusetts  mustered  into  and  forming  a  part  of  a  regi- 
ment of  any  other  state,  shall  publish  or  shall  have  pre- 
pared for  publication  a  history  of  such  organization,  under 
the  sanction  and  authority  of  its  proper  veteran  associa- 
tion, which  history  shall  be  shown  to  the  satisfaction  of 
the  governor  and  council  to  be,  so  far  as  is  practicalde  in 
such  works,  faithfully  and  accurately  prepared  and  histori- 
cally correct,  to  contain  matter  not  previously  published 
or  accessible  to  the  general  historian,  to  be  of  sufficient 
reliability  and  importance  to  justify  the  purchase  of  copies 
as  herein  provided  for,  and  to  contain  a  complete  roster  of 
the  organization,  corrected  to  the  date  of  publication,  the 
secretary  of  the  commonwealth,  with  the  approval  of  the 


204  Acts,  1908.  — Chaps.  242,  243. 

governor  and  council,  and  at  a  ]n'ice  fixed  bv  them,  shall 
purchase  live  hundred  copies  of  such  history.  Said  his- 
tory shall  be  in  one  volume,  and  the  price  thereof  shall 
not  exceed  two  dollars  for  a  volume  of  four  hundred  octavo 
pao-es.  Approved  March  19,  1908. 

Chap.^^2i  Ax   Act   relative   to   the   ecoxomic    life   ixsuraxce 

SOCIETY. 

Be  it  enacted,  etc.,  as  follows: 

Timeextended.  Section  1.  The  period  withiu  which  the  Economic  Life 
Insurance  Society,  incorporated  by  chapter  five  hiuidred 
and  eighty-three  of  the  acts  of  the  year  nineteen  hundred 
and  seven,  may  organize,  file  the  certificate  of  organiza- 
tion, and  begin  to  issue  policies,  is  hereby  extended  to 
June  twenty-eighth,  nineteen  hundred  and  nine,  subject 
to  the  provisions  of  said  chapter. 

1907, 583,  §4,  Section  2.  Section  four  of  said  chapter  is  hereby 
amended  by  inserting  before  the  word  "  eight  ",  in  the 
first  line,  the  words :  —  not  less  than. 

Approved  March  19,  1908. 

Chap.24:3  Ax  Act  to  piiotect  street  railw^vy  compaxies,  elec- 
tric RAILROAD  COMPAXIES  AXD  MUNICIPALITIES  EX- 
GAGED  IX  THE  MAXUFACTURE  OR  SALE  OF  ELECTRICITY 
FOR  LIGHTIXG  PURPOSES  FROM  THE  UXLAWFUL  USE  OF 
OR  DIVERSIOX    OF   ELECTRICITY   FROM    THEIR    WIRES. 

Be  it  enacted,  etc.,  as  follows: 
R.L.i2i,§40,       Section  forty  of  chapter  one  hundred  and  twenty-one 
amen  e  .  ^^  ^^^^  Reviscd  Laws  is  hereby  amended  by  inserting  after 

the  w^ord  "  to  ",  in  the  third  line,  the  words :  —  a  street 
raihvay  company,  an  electric  railroad  company  or,  —  and 
by  inserting  after  the  word  "  corp(U-ation  ",  in  the  fourth 
line,  the  words :  —  private  or  municipal,  —  so  as  to  read 
Penalty  for       as  follows :  —  Scction   JfO.     Whocvcr  unlawfully  and   in- 
veS^if^'"      tentionally  injures  or  destroys,  or  suffers  to  be  injured  or 
electricity,  etc.  jej,|i.^y(.(]^'  gi^y  meter,  pipe,  conduit,  wire,  line,  pole,  lamp 
or  other  apparatus  belonging  to  a  street  railway  company, 
an  electric  railroad  company  or  a  corporation,  private  or 
munici]xil,    or   company   engaged   in   the  manufacture  or 
sale  of  electricity  for  lighting  purposes,  or  unlawfully  and 
intentionally  prevents  an  electric  meter  from  duly  regis- 
tering the  quantity  of  electricity  supplied,  or  in  any  way 


Acts,  1908.  — Chap.  2U.  205 

interferes  with  its  proper  action  or  jnst  registration,  or, 
without  the  consent  of  such  corporation  or  company,  un- 
lawfully and  intentionally  diverts  any  electric  current 
from  any  wire  of  such  corporation  or  company,  or  other- 
wise unlawfully  and  intentionally  uses  or  causes  to  be 
used,  without  the  consent  of  such  corporation  or  company, 
any  electricity  manufactured  or  distributed  by  such  cor- 
poration or  company,  shall,  for  every  such  offence,  be  pun- 
ished l)v  a  fine  of  not  more  than  one  hundred  dollars  or  by 
imprisonment  for  not  more  than  one  year,  or  by  both  such 
fine  and  imprisonment.  Approved  March  19,  1908. 


Cha2y.24:4: 


Ax  Act  making  appkopriatioxs  fuk  salarip:s  axd  ex- 
penses IN  THE  DEPARTMENT  OF  THE  ADJUTANT  GEN- 
ERAL,  AND   FOR   SUNDRY   MILITARY  EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  purposes  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  Xovember, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salarv  of  the  adjutant  general,  thirtv-six  hun-  Adjutant 
dred  dollars.       ^  '  ^*^"^^"'- 

For  the  salaries  of  the  four  clerks  in  the  adjutant  gen-  clerks. 
eraFs  department,  seven  thousand  dollars. 

For  the  salary  of  the  messenger  in  the   adjutant  gen-  Messenger, 
eral's  department,  eight  hundred  dollars. 

For  such  additional  clerical  assistance  as  the  adiutant  clerical 

,      -.  ^.  .         ,  assistance. 

general  may  find  necessary,  a  sum  not  exceeding  six  thou- 
sand dollars. 

For    incidental    and    contingent    office   expenses    in   the  Expenses,  etc. 
adjutant  general's  department,  including  the  printing  and 
binding  of  the   annual   report,   a   sum  not  exceeding  five 
thousand  dollars. 

For  expenses  in  connection  with  military  accounts  not  ^{.^^^^^3 
otherwise  provided  for,  a  sum  not  exceeding  four  thousand 
dollars. 

For  compensation  of  officers  and  men  of  the  volunteer  Miutia,  com- 

....  ^  ,.  iiii-f>  pensation. 

militia,  a  sum  not  exceeding  one  hundred  and  sixty-live 
thousand  dollars. 

For  the  transportation  of  officers  and  men  of  the  volun-  Transporta- 

.,.    .  T  .,.  T  , .  tion. 

teer  militia,  when  on  mihtary  duty,  a  sum  not  exceeding 
twentv-five  thousand  dollars. 


20G 


Acts,  1908.  — Ciiap.  245. 


Rifle  practice.  p^j.  expenses  in  connection  with  the  rifle  practice  of  the 
vohmteer  militia,  a  sum  not  exceeding  twenty-live  thou- 
sand dollars. 

For  an  allowance  to  commissioned  officers  of  the  militia 
toward  the  purchase  of  uniforms,  a  sum  not  exceeding 
seventeen  thousand  seven  hundred  and  ten  dollars. 

For  allowance  to  officers  of  the  militia  for  the  care  and 
responsibility  of  property,  a  sum  not  exceeding  fifty-four 
hundred  and  fifty  dollars. 

For  allowance  to,  and  repairs  of  clothing  of,  the  volun- 
teer militia,  a  sum  not  exceeding  thirteen  thousand  one 
hundred  and  thirty-two  dollars. 

For  allowance  to  headquarters  and  companies,  a  sum 
not  exceeding  thirty-seven  hundred  and  ninety  dollars. 

For  services  of  company  armorers,  a  sum  not  exceeding 
twelve  thousand  dollars. 

For  furnishing,  repair  and  care  of  any  United  States 
ship  loaned  to  the  commonwealth  of  Massachusetts  for  the 
use  of  the  naval  militia,  a  sum  not  exceeding  ten  thousand 
dollars. 

For  giving  instruction  in  riding  to  non-commissioned 
officers  and  others  who  are  required  by  law  to  be  mounted, 
a  sum  not  exceeding  thirty-nine  hundred  and  twenty  dol- 
lars. 

For  furnishing  the  officers  and  men  of  the  organized 
militia  with  uniform  instruction  in  military  authority,  or- 
ganization and  administration,  and  in  the  elements  of  mili- 
tary art,  a  sum  not  exceeding  twenty-five*  hundred  dollars. 

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

Approved  March  19,  1908. 

Chap.24:5  -^^  Act  to  authorize  the  state  board  of  agriculture 
TO  appoint  a  state  ornithologist. 

Be  it  enacted,  etc.,  as  follows: 
State  9rni-  Section  1.     The  statc  board  of  agriculture  shall  annu- 

thologist,  ap-  .  ^•J^     ^    \        J.       •     •  i 

pointment,  etc.  ally  appoint  soiiie  person,  qualitied  hy  training  and  ]M'ne- 
tical  exi)erience,  to  be  state  ornithologist,  and  he  shall  be 
responsible  to  the  board  for  the  performance  of  his  duties 
as  ])rescribed  in  this  act. 

Duties,  etc.  Section  2.     It  shall  be  the  duty  of  the  state  ornitholo- 

gist to  investigate  the  distril)utioii  and  food  habits  of  the 
birds  of  the  commonwealth;  to  dctormine,  so  far  as  pos- 
sible,  the  relations   of  birds   to  outbreaks   of   insects   and 


Allowance  to 
officers   toward 
purchase  of 
uniforms. 

Allowance  to 
officers  for  care 
of  property. 


Clothing. 


Allowance  to 
headquarters, 
etc. 

Company 
armorers. 

Care,  etc..  of 
United  States 
ship. 


Instruction  in 
riding. 


Instruction  in 
military 
authority,  etc. 


Acts,  1908.  — Chaps.  246,  247.  207 

other  animals ;  to  experiment  with  a  view  of  discovering 
the  best  methods  of  protecting  fruits  and  crops  from  birds ; 
and  to  serve  the  state  board  of  agriculture  and  the  people 
of  the  commonwealth  in  an  advisory  capacity  in  matters 
relating  to  the  economic  status  of  birds  and  legislation 
concerning  them.  He  shall  make  an  annual  report  to  the  Annual  re- 
state board  of  agriculture,  and  may  issue  special  reports  ^°"'  ^^^' 
and  bulletins  as  the  exigencies  of  his  work  may  require. 

Section  3.  The  state  ornithologist  shall  receive  five  Compensation, 
hundred  dollars  annually  for  his  services,  and  such  allow-  ®^p^°^*^®'  ^''=- 
ance  for  necessary  expenses,  travelling  or  otherwise,  as  may 
be  approved  by  the  said  board.  He  may  purchase  such 
supplies  and  apparatus  and  may  employ  such  assistance 
as  may  be  reasonably  necessary  in  carrying  out  his  duties, 
subject  to  the  approval  of  the  said  board ;  but  the  total 
amount  to  be  expended  under  authority  of  this  act  shall 
not  exceed  one  thousand  dollars  annually,  including  the 
salary  of  the  ornithologist. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  19,  190 S. 

An  Act  relative  to  the  annual  report  of  the  park  ni.fjj.  O/ig 

COMMISSIONERS  OE   THE   CITY   OF   FALL  RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  board  of  park  commissioners  of  the  Park  commis- 
city  of  Fall  Eiver  shall,  in  January  of  each  year,  make  a  eu^of  FaU^^ 
report  to  the  city  council  of  its  doings  for  the  preceding  anuua/repon^ 
year,  with  a  detailed  statement  of  all  its  receipts  and  ex- 
penditures and  of  its  liabilities. 

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

Approved  March  19,  190S. 

An  Act  to  authorize  the  appointment  of  women  as  rii        iyArj 

DEPUTY  COLLECTORS  OF  TAXES.  "'^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.      Section  eighty  of  chapter  thirteen  of  the  j^  -^  jg  §  gQ^ 
Revised  Laws  is  hereby  amended  by  inserting  after  the  amended, 
word  "  expedient ",  in  the  third  line,  the  words :  —  Any 
such  deputy  may  be  a  woman,  —  so  as  to  read  as  follows : 
—  Section  SO.     The  board  of  aldermen  or  selectmen  may  Deputy  coi- 
empower  any  ofiicer  authorized  to  collect  taxes  to  a])point  Ifppolnt'mem?''' 
such  deputies  as  he  deems  expedient.     Any  such  deputy  "^'c- 


208  Acts,  1908.  —  Chaps.  248,  249. 

may  bo  a  woman.  Such  deputies  shall  give  bond  for  the 
faithful  performanee  of  their  duties  in  such  sum  as  the 
board  of  aldermen  or  selectmen  may  prescribe  and  shall 
have  the  powers  of  collectors  of  taxes. 

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

Approved  March   VJ,  lOOS. 

Chap.24S  Ax  Act  relative  to  insurance  against  liability  for 

PROPERTY  DAMAGE   CAUSED   BY  AUT0:M0BILES. 

Be  it  enacted,  etc.,  as  follows: 
1907, 576,  §  32,       Section  1.     Sectioii  tlurtv-two  of  chapter  five  hundred 

amended.  .  ,,      -,  "^  r      ^  • 

and  seventy-six  of  the  acts  of  the  year  nineteen  hundred 
and  seven  is  hereby  amended  by  inserting  after  the  word 
"  person  ",  in  the  fourth  line,  clause  Fifth,  the  words :  — 
or  against  damage  caused  by  automobiles  to  property  of 
another,  —  so  that  the  clause  shall  read  as  follows :  — 
Accident  to       Fifth,  To  insurc  anv  person  affaiiist  bodilv  injur v  or  death 

persons,  etc.  '  >,    x  o  i/     _    j       .y     _ 

by  accident,  or  any  person,  firm  or  corporation  against  loss 
or  damage  on  account  of  the  bodily  injury  or  death  by 
accident  of  any  person,  or  against  damage  caused  by  auto- 
mobiles to  property  of  another,  for  which  loss  or  damage 
said  person,  firm  or  corporation  is  responsible,  and  to  make 
insurance  upon  the  health  of  individuals. 

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

Approved  March  20,  190S. 


Chap.2A^  An  Act  to  incorporate  the  trustees  of  the  American 

COLLEGE   FOR    GIRLS   AT    CONSTANTINOPLE    IN    TURKEY. 

Be  it  enacted,  etc.,  as  follows: 
The  Tnistees  of       Section    1.      Charlcs    Cuthbei't   Hall,    Borden   Parker 
colie^eToT'"'    Bowne,  George  A.  Plimpton,  Samuel  T.  Dutton,  Charles 
^taminopie"in    H.  Rutau,  SaiHuel  C.  Darlino-,  Francis  B.  Sears,  Simeon 
Joratd."""    Leonard  Boyce,  Orlando  11.  Alford,  Marcus  Morton,  Ed- 


ward H.  Haskell,  Albert  Bushnell  Hart,  Hamilton  Holt, 
Eobert  Erskine  Ely,  Pauline  A.  Durant,  Caroline  Borden, 
E.  Harriet  Stanwood,  Sarah  Louise  Day,  Eaiinie  Garrison 
Villard  and  Mary  ]\rills  Patrick,  ex  officio,  their  associates 
and  successors,  are  hereby  constituted  a  body  corporate  by 
the  name  of  The  Trustees  of  the  American  College  for 
Girls  at  Constantinople  in  Turkey,  with  jwwer  to  main- 
tain a  college  for  the  education  of  girls  and  a  preparatory 
school  in  connection  therewith,  and  shall  be  and  remain  a 


Acts,  1908.  — CiiAr.  249.  209 

body  corporate  bv  that  name  forever,  with  all  the  rights 
and  powers,  and  subject  to  all  the  duties  and  liabilities, 
set  forth  in  all  general  laws  now  or  hereafter  in  force  ap- 
plicable to  such  corporations. 

Section  2.  The  said  corporation  shall  at  all  times  con-  Trustees,  ap- 
sist  of  not  less  than  twenty  trustees,  of  whom  the  president  term^irc* 
of  the  college  shall,  ex  officio,  be  one,  and  at  least  one  quar- 
ter shall  be  women.  The  said  trustees  shall  be  divided 
into  four  classes,  to  be  denominated,  respectively,  trustees 
of  the  first,  second,  third,  and  fourth  classes.  The  term 
of  office  of  the  first  class  shall  expire  in  one  year,  of  the 
second  in  two  years,  of  the  third  in  three  years,  and  of  the 
fourth  in  four  years  from  the  date  of  the  annual  meeting 
of  said  corporation.  Upon  the  expiration  of  the  term  of 
service  of  each  of  the  said  individuals,  the  said  corpora- 
tion shall  appoint  a  trustee  for  a  term  of  four  years,  or 
until  his  or  her  successor  shall  be  so  appointed ;  and  may 
appoint  a  trustee,  whenever  occasion  requires,  to  fill  any 
unexpired  term.  Each  trustee  shall  be  eligible  to  further 
terms  of  service. 

Section  3.  The  said  trustees  may  hold  meetings  out-  Powers  and 
side  the  commonwealth  whenever  they  so  desire.  They 
may  make  all  by-laws,  not  inconsistent  with  this  act  or 
with  the  laws  of  the  commonwealth,  that  may  be  necessary 
or  expedient  for  the  purposes  of  the  corporation ;  shall  ap- 
point such  committees  and  agents  as  shall  be  necessary  for 
the  transaction  of  the  business  of  the  said  corporation ; 
and  shall  be  the  final  authority  in  determining  courses  of 
study  and  all  matters  of  control  relating  to  said  college 
and  school.  They  may  grant  such  honorary  testimonials, 
and  confer  such  honors,  degrees  and  diplomas  as  are 
granted  and  conferred  by  any  university,  college,  or  semi- 
nary of  learning  in  this  connnonwealth. 

Section' 4.     Said  corporation  shall  be  capable  of  taking  May  hold,  etc.. 
and  holding  in  fee  simple,  or  any  less  estate,  by  gift,  grant,  sonaf estrtT 
bequest,  devise,  in  trust  or  otherwise,  any  lands,  tenements  "''' 
or  other  estate,   real,   personal  or  mixed,  to   any  amount 
not  exceeding  one  million  five  hundred  thousand  dollars. 

Section  5.     The  clear  rents  and  profits  of  all  the  es-  Profits,  etc., 
tate,  real  and  personal,  of  which  the  said  corporation  shall  toexpensisof 
be  seized  and  possessed,  shall  be  appropriated  to  the  ex-  '=°"^se,  etc. 
penses  of  the  said  college  and  school  in  such  manner  as 
shall  most  effectually  promote  virtue,  piety  and  learning. 


210  Acts,  1908.  — Chap.  250. 


Courses  of 
instruction 


Instrnctioii  shall  be  given  in  such  languages,  liberal  and 
useful  arts  and  sciences,  and  other  studies,  as  shall  be  de- 
termined from  time  to  time  by  the  faculty  of  said  college 
and  school,  with  the  approval  of  said  trustees ;  they  con- 
forming to  the  will  of  any  donor  or  donors  in  the  apj^lica- 
tion  of  any  estate  which  may  be  given,  devised  or  be- 
queathed for  any  particular  object  connected  with  the  said 

Proviso.  college  and  school :  provided,  however,  that  the  said  col- 

lege and  school  shall  remain  positive  Christian  institutions 
and  shall  carry  on  their  work  in  harmony  and  co-operation 
with  the  missionary  oj^erations  centering  in  Constantinople. 

Students  to  be        Section  6.     ISTo  studcut  in  said  college  or  school  shall 

admitted,  etc.,  ,      ,  ,  ~ 

regardless  of      be  rcfuscd  admissiou  to,  or  denied  anv  of  the  privileges, 
opinions.  houors,  or  degrees  of  said  college  or  school,  on  account  of 

the  religious  opinions  which  she  may  entertain. 
fo'^'Sfvestld^i'        Sectioiv  7.     All  property,  whether  real  or  personal,  and 
said  corpora-     whether  held  absolutely  or  in  trust,  and  all  the  franchises, 

tion.  .     .  '^  .  ' 

powers  and  privileges  now  belonging  to  The  American 
College  for  Girls  at  Constantinople  in  Turkey,  a  corpora- 
tion incorporated  by  chapter  thirty-one  of  the  acts  of  the 
year  eighteen  hundred  and  ninety,  shall  be  vested  in  and 
exercised  and  enjoyed  by  The  Trustees  of  the  American 
College  for  Girls  at  Constantinople  in  Turkey;  and  all 
records  and  other  books  and  papers  of  the  former  corpora- 
tion shall  be  the  property  of  the  latter  corporation,  and 
the  latter  corporation  shall  assume  and  be  suliject  to  all 
the  duties,  debts  and  liabilities  of  the  former  corporation. 
Repeal.  Section  8.     Chapter  thirty-one  of  the  acts  of  the  year 

eighteen  hundred  and  ninety,  entitled  "  An  Act  to  incor- 
porate The  American  College  for  Girls  at  Constantinople 
in  Turkey  ",  and  chapter  three  hundred  and  fifty-four  of 
the  acts  of  the  year  nineteen  hundred  and  six,  entitled 
"  An  Act  relative  to  The  American  College  for  Girls  at 
Constantinople  in  Turkey  ",  are  hereby  repealed. 

Sectiox  :».     This  act  shall  take  effect  upon  its  passage. 

Approved  March  20,  190S. 

Chap.2i)0  Ax  Act  relative  to  tempokaey  loaxs  of  cities  axd 

TOWXS. 

Be  it  enacted,  etc.,  o.s  folluws: 
R.L.  27,  §10,        Sectiox  1.     Section  ten  of  chapter  twentv-seven  of  the 

amended.  -r-.       •        i   t  •      i  i  i     i   i  m   •        ''       ^  j_i  i 

Revised  Laws  is  hereby  amended  by  striking  out  the  words 
"  this  chapter  ",  in  the  third  line,  and  inserting  in  place 


Acts,  1908.  — Chap.  251.  211 

thereof  the  words :  —  any  law,  —  so  as  to  read  as  follows : 

—  Section  10.     If  a  city  or  town  votes  to  issue  bonds,  Temp9rary 

,1  x*i2       J.  £    •      ^    ^  J.     ^  •  ^     loans  in  antici- 

notes,  scrip  or  other  certihcates  oi  indebtedness  m  accord-  pation  of 
ance  with  the  provisions  of  any  law,  the  officers  authorized  '"^^^'i"^'  ^'■'=- 
to  negotiate  the  same  may,  in  the  name  of  such  city  or 
town,  make  a  temporary  loan  for  a  period  of  not  more 
than  one  year  in  anticipation  of  the  money  to  be  derived 
from  the  sale  of  such  bonds,  notes,  scrip  or  other  certiii- 
cates  of  indebtedness ;  but  the  time  within  which  such 
securities  shall  become  due  and  payable  shall  not  be  ex- 
tended by  reason  of  the  making  of  such  temporary  loan 
beyond  the  time  fixed  in  the  vote  authorizing  the  issue  of 
such  bonds,  notes,  scri})  or  other  certificates  of  indebted- 
ness. 

Sectiox   2.      Xo  note  or  notes  heretofore  issued  by  a  Notes  hereto- 
city  or  town  in  anticipation  of  the  money  to  be  derived  to'bedeTmeT^ 
from  the  sale  of  bonds,  notes,  scrip  or  other  certificates  of  "^^'^li^,  etc. 
indebtedness  shall  be  deemed  invalid  by  reason  of  the  fact 
that  such  city  or  town  had  voted  to  issue  such  bonds,  notes, 
scrip  or  other   certificates  of   indebtedness   in   accordance 
with  the  provisions  of  a  law  other  than  chapter  twenty- 
seven  of  the  Revised  Laws. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  20,  1908^ 

x\x  Act  eelative  to  the  revocation  of  permits  to  be  n\f,^  951 

AT   LIBERTY  ISSUED  TO  PRISOXEBS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.      Section  one  hundred  and  twenty-eight  of  R-  l.  225, 
chapter  two  hundred  and  twenty-five  of  the  Revised  Laws  amended, 
is   hereby   amended   by   striking   out   all    after   the  word 
"  issued ",  in  the  eighth  line,  so  as  to  read  as  follows : 

—  Section  128.     The  board,  commissioners  or  officer  issu-  Revocation  of 
ing  to  a  prisoner  a  permit  to  be  at  liberty  under  the  pro-  p^"""^'*^- 
visions  of  sections  one  hundred  and  thirteen  and  one  hun- 
dred and  seventeen  to  one  hundred  and  twenty,  inclusive, 

may  revoke  it  at  any  time  previous  to  its  expiration,  and 
the  prison  commissioners  may  revoke  such  permit  issued 
under  the  provisions  of  section  one  hundred  and  fifteen  at 
any  time  before  the  expiration  of  the  maximum  term  for 
which  it  was  issued. 

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

Approved  March  20,  1908. 


212 


Acts,  1908.  — Chap.  252. 


ChapJ2Jj^      Ax  Act  to  incorporate  the  bacon  free  libkaky. 


Bacon  Free 
Library  in- 
corporated. 


Object  of  cor- 
poration, etc. 


Officers,  elec- 
tion, duties, 
etc. 


Be  it  enaded,  etc.,  as  follows: 

Section  1.  Gustavus  Smith,  James  E.  Cooper,  Charles 
E.  Hills,  Reuben  Hunting  and  Morton  V.  B.  Bartlett, 
their  associates  and  successors,  are  hereby  made  a  corpora- 
ti(in  \)\  the  name  of  the  Bacon  Free  Library,  to  be  located 
in  that  part  of  the  town  of  Xatick  called  South  Xatiek, 
with  all  the  powers  and  ])rivileges  and  subject  to  all  the 
duties,  restrictions  and  liabilities  set  forth  in  all  laws  now 
or  hereafter  in  force  relating  to  such  corporations. 

Section  2.  The  object  of  said  corporation  shall  be  to 
carry  out  the  provisions  of  the  will  of  Oliver  Bacon,  late 
of  Natick,  who  devised  and  bequeathed  certain  property 
to  trustees  named  in  his  will  in  trust  for  the  following- 
uses  and  purposes,  viz. :  —  "  To  appropriate  therefrom  the 
sum  of  fifteen  thousand  dollars  in  erecting  a  suitable  fire- 
proof building  in  that  part  of  Xatick  called  South  Xatick 
for  the  use  and  occupation  of  a  public  library,  hereafter 
mentioned,  and  also  the  Historical  and  Xatural  History 
Society  of  South  Xatick  (said  trustees  to  assign  fit  and 
suitable  rooms  and  apartments  in  said  building  to  this 
society),  which  building  shall  be  called  the  Bacon  Free 
Library ;  and  of  what  may  remain  of  said  rest  and  resi- 
due of  my  estate  to  appropriate  one  half  in  purchasing 
and  procuring  suitable  books  for  the  use  and  benefit  of  all 
of  the  inhabitants  of  the  to^vn  of  Xatick ;  and  the  other 
half  to  invest  in  good  and  productive  securities  and  the 
income  thereof  expend  in  taking  care  of,  renewing  and 
adding  to  the  library  purchased  as  aforesaid."  It  shall  bo 
the  duty  of  said  corporation  to  carry  out  the  trust  so  ex- 
pressed, and  it  is  hereby  authorized  to  take,  hold  and  use 
any  other  property  which  may  be  given  to  it  by  will  or 
otherwise  for  the  purposes  of  the  corporation. 

Section  3.  The  officers  of  the  corporation  shall  be  a 
president,  secretary  and  treasurer,  who  shall  be  elected 
annually  and  shall  serve  until  others  are  chosen  in  their 
place.  The  secretary  shall  kee]>  a  record  of  the  acts  of 
the  corporation  in  a  book  kept  for  the  purpose,  in  which 
he  shall  also  record  a  copy  of  this  act  of  incorporation. 
The  treasurer  shall  give  a  bond  satisfactory  to  the  corpora- 
tion, conditioned  that  he  shall  safely  keep,  invest  and  pay 


Acts,  1908.  — Chap.  253.  213 

out  imder  the  direction  of  the  corporation  the  funds  in- 
trusted to  him.  The  corporation  shall  have  power  to  fill 
anv  vacancies  in  the  membership  occasioned  by  death,  res- 
ignation or  otherwise. 

Sectiox  4.     The  said  corporation  is  hereby  authorized  reafof  personal 
to  sell  and  dispose  of  at  public  or  private  sale  any  real  or  property,  etc. 
personal  property  which  it  may  hold  under  said  will,  or 
otherwise,  and  to  invest  and  reinvest  the  proceeds. 

Section'  5.     The  said  corporation  may  hold  real  estate  May  hold  real 
to  the  value  of  twenty-five  thousand  dollars  and  personal  sonai  property, 
property  to  the  value  of  seventy-five  thousand  dollars. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

A  Improved  March  20,  190S^ 

Ax  Act  relative   to   the   dispositiox   of   mo^ceys   ke-  QJi(/y).253 

CEIVEI)  IX   XATURALIZATIOX   CASES. 

Be  if  enacted,  etc.,  as  folloirs: 

Section  thirty-one  of  chapter  one  hundred  and  sixty-five  r.l.  i65,  §3i, 
of  the  Revised  Laws  is  hereby  amended  by  adding  at  the  ^'^^'^  ® 
end  thereof  the  words:  —  provided,  however,  that  the  said 
clerks  may  retain  that  part   of  any  moneys   received  by 
them  under  or  by  authority  of  the  naturalization  laws  of 
the  United  States  which  they  shall  certify  under  oath  to 
the  treasurers  of  their  respective  counties  have   actually 
been  expended  by  them  for  clerical  assistance,  travel  and 
other  expenses,  while  acting  under  said  laws,  —  so  as  to 
read  as  follows:  —  Section  31.     The  clerks  of  the  courts  cierksofthe 
in  the  several  counties,  and  of  the  supreme  judicial  court  cCunt^'fOTfees, 
and  the  superior  court  in  the  county  of  Suffolk,  shall  keep  ^*'^- 
a  ca.sli  book,  which  shall  be  county  property  and  shall  be 
and  remain  a  part  of  the  records  of  the  courts,  in  which 
they  shall  keep  accounts  of  all  fees  received  by  them  for 
their  official  acts   and  services,   including  fees   for  copies 
which  they  are  not  required  by  law  to  furnish,  fees  and 
money  in  proceedings  relative  to  naturalization  or  for  nat- 
uralization certificates,  and  all  fees  and  money  of  what- 
ever description  or  character  received  by  them,  or  by  any 
assistant  or  other  person  in  their  offices  or  employment, 
for  any  acts  done  or  services  rendered  in  connection  with 
their  said  offices,  and  shall  on  or  before  the  tenth  day  of 
each  month  pay  over  to  the  treasurer  of  the  county,  or  to 
such  other  officer  as  is  entitled  to  receive  them,  all  fees 


214 


Acts,  1908.  — Chap.  254. 


received  during  the  preceding"  calendar  month,  and  shall 
Proviso.  render  to  him  an  account  thereof  under  oath:  provided, 

however,  that  the  said  clerks  may  retain  that  part  of  any 
money's  received  by  them  under  or  by  authority  of  the 
naturalization  laws  of  the  United  States  which  they  shall 
certify  under  oath  to  the  treasurers  of  their  respective 
counties  have  actually  been  expended  by  them  for  clerical 
assistance,  travel  and  other  expenses,  while  acting  under 
said  laws.  Approved  March  20,  1008. 


Chap.254:  -'^^    ^^CT     TO    INCORPOEATE     THE     JACOB     SEAES    MEMORIAL 

LIBRARY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Henry  H.  Sears,  C.  Walter  Hall  and  Prince 


The  Jacob 
Sears  Memorial 
Library  in- 
corporated. 


Vacancies. 


Income  to  be 
e.xpended  for 
certain  pur- 
poses. 


M.  Crowell,  of  the  town  of  Dennis,  and  their  successors,  are 
hereby  made  a  corporation  under  the  name  of  The  Jacob 
Sears  Memorial  Library,  for  the  purpose  of  maintaining  in 
that  part  of  the  to\vn  of  Dennis  known  as  Quivet  Xeck,  the 
library  and  other  charities  of  which  they  are  trustees  under 
the  will  of  Jacob  Sears,  late  of  Dennis,  and  under  a  de- 
cree of  the  supreme  judicial  court  establishing  the  said 
will  and  trust.  The  said  corporation  shall  have  all  the 
powers  and  privileges  and  be  subject  to  all  the  duties, 
restrictions  and  liabilities  contained  in  all  general  laws 
now  or  hereafter  in  force  relating  to  like  corporations. 

Section  2.  Any  vacancy  arising  among  the  said  incor- 
porators, who  shall  be  called  trustees,  or  their  successors, 
shall  be  filled  by  appointment  of  the  judge  of  probate  and 
insolvency  for  the  county  of  Barnstable.  The  said  judge 
may  also,  after  notice  and  a  public  hearing,  remove  any  of 
said  trustees  or  their  successors  for  cause  shown,  and  may 
fill  the  vacancy  so  caused  in  the  manner  aforesaid. 

Section  3.  The  real  estate  and  all  other  property  now 
held  by  the  said  trustees  shall  become  the  property  of  the 
corporation  hereby  created.  The  income  of  the  said  prop- 
erty shall  be  expended  as  follows:  — 

First,  for  the  expenses  of  said  trust. 

Second,  for  establishing  and  maintaining  a  library. 

Third,  for  the  instruction  of  classes  in  music,  or  in  such 
other  branches  of  study  as  are  not  taught  in  the  public 
schools  in  said  Dennis. 


Acts,  1908.  — Chap.  254.  215 

Fourth,  for  courses  of  lectures  to  be  giveu  from  time  to 
time  iu  the  hall  of  said  library. 

The  said  classes  of  instruction  and  lectures  shall  be  for 
the  free  use  and  benefit  of  the  inliabitants  of  Dennis,  under 
such  reasonable  regulations  as  from  time  to  time  may  be 
made  by  the  trustees. 

Section  -i.  The  inhabitants  of  said  Quivet  Xeck,  in-  Advisory  eom- 
cluding"  as  such  all  persons  of  and  above  the  age  of  twenty-  tion,  duties, 
one  years,  male  and  female,  who  have  resided  in  that  part 
of  Dennis  knowm  as  Quivet  Xeck  for  the  period  of  one  year 
before  the  time  of  the  holding  of  the  meetings  hereinafter 
j^rovid'ed  for,  may  elect  by  ballot  annually  a  committee  of 
five,  who  shall  not  be  any  of  said  trustees  or  their  succes- 
sors, and  who  shall  be  such  inhabitants  of  Quivet  Xeck,  the 
duties  of  which  committee  shall  be  to  advise  with  the  trus- 
tees as  to  the  administration  of  the  said  trust.  Such  meet-  Meetings,  etc. 
ings  of  the  inhabitants  shall  be  held  annually  upon  Quivet 
Neck  in  the  month  of  May,  at  such  time  and  place  as  shall 
be  determined  by  the  trustees,  and  may  be  adjourned  from 
time  to  time  by  vote  of  the  voters  present  thereat.  The 
meetings  shall  be  notified  by  the  trustees  by  notice  posted 
in  more  than  one  public  place  upon  said  Quivet  Xeck,  in- 
cluding the  outer  door  of  said  library  building,  at  least 
seven  days  before  the  time  of  holding  the  meeting.  The 
trustees  shall  determine  the  right  to  vote  of  any  person 
claiming  that  right  in  said  meeting ;  and  one  of  the  trustees, 
selected  by  themselves,  shall  preside  at  all  such  meetings. 
Said  meetings  shall  be  further  organized  by  the  election  of 
a  clerk,  who  shall  be  sworn,  and  whose  duty  it  shall  be  to 
keep  and  preserve  a  record  of  the  proceedings  of  the  meet- 
ings. The  trustees  shall  submit  to  said  meetings  a  detailed 
report  of  their  receipts  and  expenditures  for  the  year  next 
preceding.  The  advisory  committee  of  five  so  chosen  by 
said  annual  meetings  shall  advise  with  the  trustees  concern- 
ing the  administration  of  the  trust.  They  may  fix  the  pro- 
portion of  the  income  of  the  trust  which  shall  be  expended 
respectively  for  the  second,  third  and  fourth  objects  herein- 
before named ;  they  may  select  the  books  to  be  purchased 
for  said  library ;  and  may  determine  upon  the  courses  of  in- 
struction and  of  lectures  which  shall  be  given  in  said  hall. 
They  shall  audit  the  accounts  of  the  trustees,  which  ac- 
counts shall  be  kept  in  due  form,  and  shall  be  open  at  all 
times  to  the  inspection  of  the  committee,  or  of  any  mem- 


216  Acts,  1908.  — Chap.  255. 

of°u^Sltee^s^.'°"  '^G^"  thereof.  They  sliall  detcnnine  from  time  to  time  the 
comjieusatioii,  if  any,  which  the  trustees  shall  receive  for 
their  services.  But  the  trustees  shall  have  the  right  to  have 
the  settlement  of  their  accounts  and  the  amount  of  their 
compensation  determined  by  the  court,  in  case  they  are  dis- 
satisfied with  the  action  of  said  committee.  The  acts  of  a 
majority  of  the  trustees  shall  be  the  acts  of  the  trustees ; 
and  the  acts  of  a  majority  of  the  said  committee  shall  be 
the  acts  of  the  committee. 

May  hold,  etc..       Skction  5.     Said  coriwratiou  shall  have  authority  to  re- 

real  and  per-  _  i 

sonai  property,  ccivc,  liold  and  apply  to  the  uses  of  the  corporation  any 
other  property,  real  or  personal,  which  may  be  given  or  be- 
queathed to  it,  and  to  use  the  same  for  the  objects  herein 
set  forth,  subject  to  any  restrictions,  not  inconsistent  with 
this  act,  which  are    imposed  by  the  donor  or  testator. 

Power  of  cor-         Section  6.    The  Said  corporation  shall  have  power  to  do 

poration.  i  ^-i  •    ■  r 

all  acts  necessary  or  proj^er  to  carry  out  tJie  provisions  oi 
this  act. 
Certain  prop-        Section  7.     The  town  of  Dcunis  is  hereby  authorized  to 

erty  may  be  .  n    •  •     i        "^  •    i  i    • 

conveyed  to      coiivcy  to  the  Said  Corporation  all  its  right,  title  and  mter- 
tion.  est  in  the  free  public  library  on  condition  that  it  shall  be 

maintained  free  to  all  the  people  of  the  town. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  20,  1908. 

Chap.255  ^^^  ^^ct  relative  to  the  powers  of  the  commissioxers 
ox  fisheries  and  game  and  their  deputies. 

Be  it  enacted,  etc.,  as  follows: 

Persons  en-  ^  comiiiissioner  on  fisheries  and  game  or  any  duly  au- 

saged in  taking,     ,        .        i     i  .      .  .    .  i  c  i 

killing,  etc.,      thorized  deputy  commissioner,  receiving  a  salary  from  the 

bird.s,  etc..  to  i   i  ,       f  i  •  i 

display  birds,  commonwealth,  may  request  oi  any  person  whom  said  com- 
spection.'"  iiiissioner  or  deputy  commissioner  reasonably  l)elieves  to  be 
engaged  in  the  taking,  killing,  hunting  or  snaring  of  fish, 
birds  or  animals,  contrary  to  law,  that  such  person  shall 
forthwith  display  for  the  inspection  of  such  commissioner 
or  deputy  commissioner,  any  and  all  fish,  birds  and  animals 
then  in  his  possession ;  and  upon  refusal  to  comply  with, 
such  request  said  commissioner  or  duly  authorized  deputy 
coimnissioner  may  arrest  without  warrant  the  person  so 
refusing.  Approved  March  20,  1908. 


Acts,  1908.  — Chaps.  256,  257.  217 


An  Act  to  authorize  cities  aivd  towns  to  establish  QJiap.25Q 

KIFLE   EANGES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Any  city  or  towii  in  which  one  or  more  com-  Land  may  be 
panics  of  the  vohmteer  militia  are  located,  may  acquire  by  rme^ranges'. 
purchase,  taking,  or  lease,  land  suitable  for  a  rifle  range. 
The  mayor  of  any  city  or  the  selectmen  of  any  town  so  pur-  pian,  etc..  to 
chasing  or  taking  land  shall  cause  a  plan  and  description 
thereof  to  be  filed  in  the  registry  of  deeds  for  the  county 
and  district  in  which  such  land  is  situated ;  and  such  filing 
and  the  date  thereof  shall  be  notice  to  all  persons  of  the 
purchase  or  taking;  and  the  title  to  lands  so  purchased  or 
taken  shall  vest  absolutely  in  the  city  or  town   and   its 
assigns. 

Section  2.  In  case  land  is  taken  under  authority  hereof  Damages, 
and  the  parties  are  unable  to  agree  upon  the  damages,  either 
party  may  file  in  the  superior  court  within  two  years  after 
the  date  of  recording  the  taking,  as  above  provided,  a  peti- 
tion asking  that  the  damages  be  assessed;  and  thereupon 
the  damages  shall  be  assessed  in  the  manner  provided  for 
the  assessment  of  damages  in  the  case  of  land  taken  for  lay- 
ing out  highways. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  20,  190S. 


An  Act  to  provide  for  agricultural  education   in 

THE    state    normal    SCHOOL    AT    NORTH    ^VDAMS. 


Chaj).151 


Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  state  board  of  education  is  herel)y  an-  Agricultural 
thorized  to  make  provision  for  agricultural  education  in  the  the  statT  ^* 
normal  school  at  Xorth  Adams^ provided,  that  the  city  of  2t°Nofth'^°°' 
Xorth  Adams  shall  contribute  the  free  use  for  ten  vears  of  A^iams. 

,,.,,(,,  ''  Proviso. 

land  suitable  for  the  purpose. 

Section  2.     A  sum  not  exceeding  twentv-five  hundred  Maintenance, 

~  '  etc. 

dollars  shall  be  allowed  and  paid  from  the  treasury  of  the 
commonwealth  for  the  establishment  of  the  said  department 
and  its  maintenance  during  the  current  year. 

"  Approved  March  23,  190S. 


218  Acts,  1908.  — Chaps.  258,  259,  260. 


Chap.258  Ax  Act  relative  to  janitors  of  rublic  sciiooliiouses 

IX    THE   CITY   OF   WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

fchoouTouses  Section  1.     Hereafter  the  school  committee  of  the  city 

con'tTo""of^'^       of  Worcester  shall  have  full  and  exclusive  authority  to  ap- 
schooi  com-       point  and  remove  the  ianitors  of  the  public  sehoolhouses  of 

mittee.  ^.  .  .  ■'  .  ^ 

the  city  and  to  direct  them  in  the  discharge  of  their  duties, 
and  such  janitors  shall  be  under  the  control  of  said  com- 
mittee. 
Repeal.  Sectiox  2.     So  mucli  of  any  act  as  is  inconsistent  here- 

with is  hereby  rejjealed. 

Sectiox  3.     This  act  shall  take  elfect  upon  its  passage. 

Approved  March  23,  1908. 

Chap.25Q  Ax  Act  relative  to  the  paymext  of  salaries  of  the 
assistant  clerks  of  the  superior  court  for  the 
county  of  suffolk. 

Be  it  enacted,  etc.,  as  follows: 

falariS"**^^  Sectiox   1.     The  salary  of  any  assistant  clerk  of  the 

superior  court  for  the  county  of  Suffolk  shall  be  payable 
in  bi-weekly  instalments,  if  such  assistant  clerk  so  requests 
in  writing. 

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

Approved  March  23,  190S. 

Chap.260  ^^^  ^^'^  ^^  authorize  the  towx  of  milford  to  ixcur 
additioxal  ixdebtedxess  for  sewerage  purposes. 

Be  it  enacted,  etc.,  as  follows: 

a*e^Lo'af^\ct'  Sectiox  1.  The  towii  of  Milford,  for  the  purpose  of 
of  1908.  '  completing  and  extending  its  system  of  sewerage,  and  of 
paying  its  bonds  which  fall  due  on  the  first  day  of  ]S^ovein- 
ber  in  the  present  year,  may  from  time  to  time  issue  bonds 
to  be  denominated  on  the  face  thereof,  Milford  Sewerage 
Loan,  Act  of  1908,  to  an  amount  not  exceeding  fifty  thou- 
sand dollars,  bearing  interest  at  a  rate  not  exceeding  five 
per  cent  per  annum.  Except  as  hereinbefore  provided,  the 
provisions  of  sections  six,  seven  and  eight  of  chapter  three 
hundred  and  forty-three  of  the  acts  of  the  year  nineteen 


Acts,  1908.  — Chap.  261.  219 

hundred  and  six  shall  apply  to  the  bonds  herein  author- 
ized. 

Sectio:\"  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  23,  190 S. 

A^r  Act  eelative  to  a  sewerage  system  of  the  tow:s'  n]i(ijy  9A1 

OF   MILFORD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  owners  of  estates  benefited  and  abut-  Jown  of  mh- 

.  .         ,  ford,  sewer 

ting  on  any  streets  or  ways,  public  or  private,  m  the  town  assessments, 
of  Milford,  in  which  sewers  have  been  or  shall  hereafter 
be  laid  in  accordance  with  the  provisions  of  chapter  three 
hundred  and  forty-three  of  the  acts  of  the  year  nineteen 
hundred  and  six,  and  acts  in  amendment  thereof  or  in 
addition  thereto,  shall  pay  to  said  town  toward  defraying 
the  cost  of  such  sewers,  and  of  the  sewerage  system  of  the 
town,  an  assessment  or  betterment  charge  as  follows :  — 
Thirty-two  cents  per  running  foot  frontage  on  the  street 
or  way  in  which  a  sewer  is  constructed,  and  two  fifths  of 
one  cent  per  square  foot  of  area  within  a  depth  of  one 
hundred  and  twenty-five  feet  from  the  line  of  such  street 
or  way.  In  cases  of  corner  estates  abutting  on  more  than 
one  sewered  street  the  same  area  shall  not  be  assessed 
twice,  and  the  frontage  upon  only  the  longest  side  upon 
any  sewered  street  or  way  shall  be  assessed,  except  when 
the  frontage  on  the  remaining  sewered  street  or  way  is 
more  than  sixty  feet,  when  all  frontage  on  such  remaining 
sewered  street  or  way  in  excess  of  such  amount  shall  be 
assessed  as  above  provided.  Xo  estate  shall  be  subject  to 
the  aforesaid  assessment  or  betterment  charge  which  by 
reason  of  its  gTade  or  level  or  any  other  cause  is  so  situ- 
ated that  a  building  thereon  constructed  in  any  ordinary 
or  reasonable  manner  cannot  be  drained  from  the  floor 
next  above  the  cellar  or  basement  into  the  sewer,  until 
such  incapacity  be  removed.    The  owners  of  land  not  liable  Use  of  sewers 

,  ,'  i'_Ci  Tin  ,1  for  estates  not 

to  assessment  or  not  m  lact  assessed  shall  use  the  sewers  assessed, 
for  the  disposal  of  sewage  from  such  land  only  upon  the 
payment  of  such  reasonable  amount  in  lieu  of  an  assess- 
ment as  the  sewer  commissioners  shall  determine. 

Section  2.     The  sewer  commissioners  shall  prepare  and  klp"on°fi^e, 
keep  on  file  in  their  office  a  plan  or  plans  which  shall  show  ^*'^- 


220 


Acts,  1908.  — Chap.  261. 


Payment  of 
assessments. 


Provisos. 


the  streets  or  ways  in  which  the  sewers  are  constrneted  and 
the  several  estates,  the  names  of  the  owners  thereof,  the 
location  thereof  upon  such  sewered  streets  or  ways,  and 
the  frontage  and  area  of  such  estates  as  are  assessed. 

Section  3.  The  sewer  commissioners  shall  determine 
the  amount  of  assessment  due  in  accordance  with  this  act 
from  any  and  all  estates  benefited,  and  as  soon  as  the  sewer 
or  sewers  are  completed  so  that  such  estates  may  be  drained 
thereby,  they  shall  assess  said  amount  upon  the  owners  of 
such  estates  bv  filins;  a  certificate  with  the  collector  of 
taxes  of  said  town,  designating  the  street  or  way  or  part 
thereof  sewered,  and  setting  forth  the  names  of  the  o^^^lers 
of  the  estates  abutting  and  benefited,  and  the  amount  of 
assessment  to  be  paid  by  each,  and  referring  to  the  afore- 
said plan  or  plans.  They  shall  also  cause  a  list  of  such 
assessments,  showing  the  names  of  the  owners  and  the 
amount  of  the  assessment  due  from  each,  as  certified  to  the 
collector,  to  be  published  at  least  once  in  some  newspaper 
published  in  the  to^vn  of  Milford,  such  publication  to  be 
within  one  week  after  the  filing  of  said  certificate  with 
the  collector  of  taxes.  Such  publication  of  the  list  shall 
be  a  sufficient  demand  upon  the  respective  owners  for  the 
payment  of  the  assessment,  but  the  collector  shall  in  addi- 
tion thereto,  as  soon  as  reasonably  may  be  after  the  receipt 
of  the  aforesaid  certificate,  cause  a  demand  or  bill  stating 
the  amount  of  the  assessment  and  the  time  within  which 
the  same  is  required  to  be  paid,  to  be  sent  by  mail  to  each 
supposed  owner  at  his  last  address  known  to  the  collector, 
and  every  owner  shall  within  thirty  days  after  the  filing 
of  said  certificate  with  the  collector  of  taxes  pay  to  said 
collector  the  sum  so  assessed  or  charged,  with  interest 
thereon  after  the  expiration  of  said  thirty  days,  at  the  rate 
of  five  per  cent  per  annum:  provided,  however,  that  the 
sewer  commissioners,  on  written  request  from  any  owner 
made  within  the  aforesaid  period  of  thirty  days,  shall 
apportion  his  assessment  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  calendar  year,  on  such  day  as  the  com- 
missioners when  making  the  apportionment  shall  deter- 
mine; and  they  shall  immediately  certify  such  apportion- 
ment, for  the  purpose  of  collection  in  accordance  therewith^ 
to  the  tax  collector;  and  provided,  further,  that  if  in  any 


Acts,  1908.  — Chap.  261.  221 

particular  case' an  assessment  made  in  accordance  with  the 
l^rovisions  of  this  act  shall  in  the  opinion  of  said  commis- 
sioners he  in  excess  of  the  special  beneiit  derived  by  the 
land  concerned,  they  shall,  on  the  owner's  written  request 
made  within  said  thirty  days,  abate  the  amount  of  said 
excess  and  certify  said  abatement  to  the  tax  collector. 
Nothing  herein  however  shall  be  construed  as  preventing 
an  owner  or  any  party  in  interest  from  paying  at  any 
time,  notwithstanding  its  prior  apportionment,  the  whole 
balance  of  his  tax,  including  interest  computed  to  the  date 
of  such  TDayment.     Every  sewer  assessment  made  by  the  Assessments  to 

■  1         *  be  rGcortiGcl. 

commissioners  and  every  apportionment  or  abatement 
thereof  made  as  herein  provided  shall  be  recorded  in  books 
to  be  kept  by  them  for  that  purpose. 

Section  -i.     Every  sewer  assessment  made  under  this  Assessments  to 
act  shall  constitute  a  lien  on  the  land  alfected  thereby,  the  lien^on  land 
same   to    continue    for    two   years    after    the    certification 
thereof  to  the  collector  of  taxes  as  hereinbefore  provided, 
and  in  case  of  apportionment,  until  the  expiration  of  two 
years  from  the  time  when  the  last  portion  or  instalment 
becomes   payable:   provided,   that   in   any  case  where   the  Proviso, 
amoimt  or  validity  of  the  assessment  is  dra^vn  in  question 
by  any  suit  or  proceeding,  the  lien  shall  continue  for  one 
year  after  the  final  determination  thereof. 

Section  5.  After  the  expiration  of  the  thirty  days  Proceedings  for 
hereinbefore  provided,  the  collector  of  taxes  shall  make  a  of  assessments, 
further  demand  upon  each  supposed  owner  whose  assess- 
ment remains  unpaid,  the  same  to  be  sent  by  mail  to  his 
last  address  kno\\m  to  the  collector,  for  the  payment  of  his 
said  assessment  or  instalment  thereof,  with  interest  as 
herein  provided ;  and  if  any  such  tax  or  instalment  shall 
not  be  paid  to  such  collector  within  ten  days  after  the 
mailing  of  said  further  demand  therefor,  he  shall  levy 
the  same,  with  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  re- 
lating to  sales  made  for  that  purpose.  Land  so  sold  liere- 
under  may  be  redeemed  in  like  manner  and  subject  to  the 
same  provisions  of  law  as  if  sold  for  the  non-pa^anent  of 


222 


Acts,  1908.  — Chap.  261. 


Certain   assess- 
ments may  be 
re-assessed, 
etc. 


May  petition 
for  jury  to 
revise  assess- 
ment, etc. 


Exemptions. 


Special  assess- 
ments. 


taxes.  Such  assessments  or  instalments  thereof  may  also 
be  collected  by  an  action  of  contract  bronght  at  any  time 
within  the  hereinbefore  provided  period  of  two  years,  by 
the  collector  in  the  name  of  the  tovra  of  Milford  against 
the  owner  of  the  estate. 

Section  (3.  Any  sewer  assessment  made  l)v  the  com- 
missioners which  is  invalid  by  reason  of  any  error  or  ir- 
regnlarity  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  commissioners 
for  the  time  being  in  the  jnst  amount  for  which,  and  upon 
the  land  on  which,  such  assessment  ought  at  first  to  have 
been  made,  and  sncli  re-assessment  shall  constitute  a  lien 
on  the  land  as  aforesaid  and  shall  be  payable  and  collectible 
in  like  manner  as  above  provided. 

SiiCTioN  7.  Any  ]>erson  aggrieved  by  the  assessment 
made  by  the  commissioners  may,  at  any  time  within  sixty 
days  after  the  certification  to  the  collector  of  taxes  herein- 
before provided,  file  a  petition  in  the  superior  court  for  the 
county  of  Worcester  for  a  jury  to  revise  the  amount  of 
such  assessment ;  but  before  filing  his  petition  he  shall  give 
written  notice  to  the  commissioners  of  his  intention  so  to 
do,  and  shall  therein  particidarly  specify  his  objections  to 
the  assessment,  to  which  specification  he  shall  be  confined 
in  the  trial. 

Sectiox  8.  In  any  streets  or  ways,  pul)lic  or  private, 
where  sewers  are  already  constructed  by  private  parties, 
which  sewers  are  taken  by  the  sewer  commissioners  and 
used  as  a  ])art  of  the  sewerage  system  of  the  town,  the  com- 
missioners may  exempt  from  assessment,  if  in  their  judg- 
ment they  deem  it  proper,  the  lot  of  land  on  which  the 
building  connected  therewith  stands,  the  size  of  the  lots  so 
exem]it  to  be  determined  by  the  sewer  commissioners,  and 
the  amount  of  such  exemption  in  no  case  to  exceed  the  net 
amount  that  has  actually  been  paid  liy  the  present  or  some 
prior  owner  of  said  lot  for  the  entry  to  such  sewer  or 
toward  its  construction,  after  deducting  all  that  may  have 
been  repaid  to  such  present  or  prior  owner  by  way  of 
charges  received  for  subsequent  entries  to  said  sewer  or 
otherwise. 

Sectiox  9.  Xo  special  assessment  shall  be  made  on  ac- 
count of  the  construction  of  sewers  in  the  town  of  Milford 


Acts,  1908.  — Chaps.  262,  263.  223 

on  the  owners  of  abutting  estates  or  estates  specially  bene- 
fited by  said  construction,  except  such  as  are  made  under 
the  provisions  of  this  act. 

Section  10.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  23,  1908. 

Ax  Act  to  authorize  the  city  of  lynn  to  ixcuk  in-  (7/^^^,262 

DEBTEDXESS  FOR  SCHOOL  PURPOSES. 

Be  if  enacted,  etc.,  as  folloivs: 

Section  1.     The  city  of  Lynn,  for  the  purpose  of  pur-  Lynn  Gram- 
chasing  land  and  erecting  thereon  a  building  for  the  use  Loan,  Act°of 
of  the  public  schools  in  the  western  part  of  the  city,  may  ^^°'*- 
incur  indebtedness  to  the  amount  of  fifty  thousand  dollars 
in  excess  of  the  debt  limit  fixed  by  law,   and  may  from 
time  to  time  issue  Ijonds,  notes  or  scrip  therefor,  payable 
at  a  period  not  exceeding  twenty  years  from  the  date  of 
issue.     Such  bonds,  notes  or  scrip  shall  be  signed  by  the 
mayor  and  countersigned  by  the  treasurer  of  the  city,  shall 
be  denominated  on  the  face  thereof,  Lynn  Grammar  School 
Loan,  Act  of  1008,  and  shall  bear  interest  at  a  rate  not 
exceeding  four  and  one  half  per  cent  per  annum. 

Section  2.  Said  city  shall,  at  the  time  of  making  said  J^^^™^"^'  °^ 
loan,  provide  for  the  payment  thereof  in  such  annual  pro- 
portionate payments  as  will  extinguish  the  same  in  the  time 
prescribed  by  this  act,  and  shall  raise  annually  by  taxation 
a  sum  which  will  be  sufiicient  to  pay  the  interest  on  the 
same  as  it  accrues,  and  the  principal  as  it  becomes  due. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  23,  1908^ 

An   Act   authorizing   municipal   authorities,    under  (^7^^,19  263 
certain^  restrictions,  to  permit  hill-climbing  con- 
tests by  automobiles  upon  highways. 

Be  it  exacted,  etc.,  as  follows: 

Section^  1.    The  mayor  and  board  of  aldermen  of  a  city  mii-ciimbing 
or  the  selectmen  of  a  to\^ai  may,  after  a  public  hearing,  upon  automobiles 
special  occasions  and  suljjeet  to  such  regulations  concern-  Permuted,  etc. 
ing  the  closing,  use  and  control  of  the  highway  as  they  deem 
necessary  for  public  convenience  and  safety,  grant  permits 
to  persons  to  drive  automoliiles  or  motor  cycles   in  hill- 


224  Acts,  1908.  — Chaps.  264,  265. 

climbing  contests  din-ing;  a  specified  time  and  upon  speci- 
fied parts  of  the  public  way  at  any  rate  of  speed. 

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

Approved  Marcli  23,  190S. 

Chap.264:  Ax  Act  ix  additiox  to  ax  act  makixg  appeopriatioxs 

FOR  DEFICIEXCIES  IX  APPROPEIATIOXS  FOR  SUNDRY  EX- 
PEXSES  AUTHORIZED  IX  THE  YEAR  XIXETEEN  HUNDRED 
AXD   SEVEN. 

Be  it  cnaefed,  etc.,  as  follows: 

tionJ°''"'^"  Sectiox  1.     The  snms  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  seven,  to  wit :  — 

eanie°bureau         ^"*'^'  ^I'^'^'^'l  and  otlicr  neccssarv  expenses  of  the  chief  of 

expenses.  x\^q  cattlc  burcau,  the  sum  of  three  hundred  sixty-seven 

dollars  and  fourteen  cents. 

Jellat'e  and^'  ^*^i'  telephone  sci'vicc  for  the  senate  and  house  of  repre-. 

house.  sentatives  for  the  year  nineteen   hundred  and  seven,   the 

sum  of  one  thousand  dollars. 

Extermination       YoY  exueuses  iu  couuection  with  the  extermination  of 

of  contagious  .        ^     , .  ■         -, 

diseases  among  coutaffious  discascs  amoue"  horses,  cattle  and  other  animals, 

uors6s  6tc>  "^ 

the  sum  of  thirty-six  hundred  fifty  dollars  and  fifty-eight 
cents. 

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

Approved  March  23,  190S. 

Chcfp.265  An  Act  making  appropriations  for  the  salaries  axd 
expenses  of  the  commission  on  industrial  educa- 
tion. 

Be  it  enacted,  etc.,  as  foJloivs: 

Appropria-  Sectiox  1.     The  sums  hereinafter  mentioned  are  appro- 

Lions> 

priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  commission  on  indus- 
trial education,  for  the  fiscal  year  ending  on  the  thirtieth 
day  of  November,  nineteen  hundred  and  eight,  to  wit :  — 
Commission  on       Yov  the  Salaries  of  the  commissioners,  a  sum  not  excced- 

mdustnal  eau-    ,  ' 

cation,  salaries,    ing  tWO   thoUSaild   dollarS. 

Secretary.  Yov  thc  salarv  of  thc  sccrctarv  of  the  commission,  a  sum 

not  cxceedinu'  five  thousand  dollars. 


Acts,  1908.  — Chap.  266.  225 

For  clerk  hire,  stenographers  and  rent  of  office  of  the  stenographers, 
commission,   a   snm  not  exceeding  fifty-five  hundred   and 
forty  dollars. 

For  travel  and  other  expenses  of  the  commission,  inclnd-  penses''efc.''^ 
ing  the  cost  of  investigations  in  the  United  States,  a  snm 
not  exceeding  eighteen  thousand  dollars. 

For  incidental  and  contingent  ofiice  expenses  of  the  com-  office  ex- 
mission,  including  the  printing  and  binding  of  the  annual  p*'°^'^*'- 
report,  a  sum  not  exceeding  thirty-five  hundred  dollars. 

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

Approved  March  2Jk,  1908. 


An  Act  relative  to  tempoeaey  locations  for  street  Ohav.2QG 

RAILWAYS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     If  a  bridge  upon  which  a  street  railway  Temporary 
company  is  authorized  to  lay  and  use  tracks  is  being  or  is  b°e'^grante™m' 
to  be  altered,  rebuilt,  improved  or  repaired,  the  board  of  tioTorim-*'"^'^' 
aldermen  of  a  city  or  the  selectmen  of  a  town  upon  the  gtreet^luway 
petition  of  the  president  or  a  majority  of  the  directors  of  tracks, 
such  street  railway  company  may  grant  a  temporary  loca- 
tion for  the  extension  of  the  tracks  of  such  company  in  any 
streets  or  highways  in  such  city  or  town  so  as  to  provide 
such  connection  between  the  existing  tracks  of  snch  street 
railway  company  upon  either  side  of  such  bridge  as  will 
prevent  any  interruption  of  proper  transportation  facili- 
ties by  reason  of  such  alteration,  improvement,  relniilding 
or  repair,  and  may  prescribe  how  said  tracks  shall  be  laid 
and  the  kind  of  rails,  jDoles.  wires  and  other  appliances  to 
be  used. 

Section  2.     A  street  railway  company  whose  petition  proceedings  in 
for  such  temporary  location  has  been  refused  in  whole  or  for 'temporary 
in  part,  or  has  been  neither  granted  nor  refused,  within  J-efuseT  '^ 
fourteen  days  after  the  filing  thereof,  may  apply  to  the 
board  of  railroad  commissioners  for  such  temporary  loca- 
tion.    If  it  shall  appear  to  the  board  of  railroad  commis- 
sioners that  public  necessity  and  convenience  require  such 
temporary  location,  the  board  may  enter  a  decree  granting 
the  same.    In  granting  the  location  the  board  may  prescribe 
the  use  of  such  apjilianees  and  impose  such  conditions  and 
obligations  as  seem  to  them  proper. 


226 


Acts,  1908.  — Chap.  267. 


Temporary 
location  not  to 
be  maintained 
beyond  a  cer- 
tain period. 


be7iied?'e*ic"  Skction  -'>.     The  temporary  location  li(>rcin  providod  for, 

if  i>raiit('<l  by  niuiii('ij)al  authoi-itv,  shall  not  be  valid  unless 
th(^  board  files  with  the  clerk  of  the  city  or  town  concerned 
a  certificate  that  the  granting  of  the  location  is  consistent 
with  the  public  interest;  and  in  no  case  shall  the  location 
be  valid  unless  within  thirty  days  after  the  filing  of  the 
said  certificate,  or  after  the  entering  of  a  decree  by  the 
said  board,  a  majority  of  the  directors  of  the  company  shall 
file  with  the  said  board  a  written  acceptance  of  the  loca- 
tion. 

Section  4.  A  street  railway  company  which  is  granted 
such  temporary  location  for  the  extension  of  its  tracks  shall 
not  maintain  such  tracks  nor  operate  cars  over  the  same 
be^'ond  the  period  during  which  the  operation  of  its  cars 
over  such  bridge  is  interru})ted  by  reason  of  such  altera- 
tion, improvement,  rebuilding  or  repair,  and  at  the  end  of 
such  period  shall  remove  its  tracks  from  the  streets  or  high- 
ways upon  and  over  which  such  temporary  location  has 
been  granted. 

Section  5.  If  such  bridge  is  altered,  rebuilt,  improved 
or  repaired  under  the  provisions  of  sections  twenty- 
three,  twenty-four,  twenty-five,  twenty-six,  twenty-seven 
and  twenty-eight  of  Part  I  of  chapter  four  hundred  and 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and 
six,  the  cost  of  the  construction  of  the  tracks  of  the  street 
railway  company  upon  and  over  such  temporary  location 
shall  be  reckoned  as  a  part  of  the  charges  and  expenses 
of  the  alteration,  improvement  or  repair  of  the  crossing,  to 
be  apportioned  by  the  special  commission  as  provided  there- 
under. Approved  March  21i-,  1908. 

Chap.2(y7  An  Act  to  autpiorize  the  city  of  pittsfield  to  ke- 

FUND  CERTAIN  INDEBTEDNESS  INCURRED  IN   CONNECTION" 
WITH  ITS   WATER  WORKS. 


Cost  of  altera- 
tions to  be  ap- 
portioned, etc. 


Pittsfield 
Water  Loan, 
Act  of  1908. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  refunding  a  certain 
water  bond  for  the  amount  of  forty-five  thousand  dollars, 
issued  by  the  town  of  Pittsfield  under  the  provisions  of 
chapter  three  hundred  and  forty  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-five,  and  made  payable  by  the 
terms  thereof  on  the  first  day  of  November  in  the  year 
nineteen  hundred  and  eight ;  for  the  purpose  of  refunding 
the  outstanding  notes  which  were  issued  by  the  city  of 


Acts,  1908. —  Chap.  268.  227 

Pittsfiekl  for  and  on  account  of  debts  incurred  in  the  ex- 
tensions and  improvements  of  its  water  works;  and  for  the 
purpose  of  paying  its  other  floating  indebtedness  so  in- 
curred, said  city  is  hereby  authorized  to  issue  bonds  to  an 
amount  not  exceeding  two  hundred  thousand  dolhirs.  Such 
bonds  shall  l)car  on  the  face  thereof  the  words,  Pittsfield 
Water  Loan,  Act  of  1008;  shall  be  payable  at  the  expira- 
tion of  periods  not  exceeding  thirty  years  from  their  date 
of  issue ;  shall  bear  interest  at  a  rate  not  exceeding  four 
per  cent  per  annum,  payable  semi-annually;  and  shall  be 
signed  by  the  treasurer  and  countersigned  by  the  mayor 
of  the  city.  Said  city  may  sell  such  bonds  at  not  less  than 
par  at  public  or  private  sale,  or  may  use  the  same  for  the 
payment  of  the  above  named  notes,  bonds  and  indebted- 
ness. 

Sectiox  2.     The  city  may  authorize  temporary  loans  to  Temporary 
be  made  by  its  mayor  and  treasurer  in  anticipation  of  the  mtSI  "^''^  ^"^ 
bonds  herein'  authorized. 

Sectioist  3.  The  city  instead  of  establishing  a  sinking  Payment  of 
fund  shall  by  its  city  council  vote  to  provide  that  at  least  ^°^°' 
ten  thousand  dollars  shall  be  paid  annually  upon  the  prin- 
cipal of  said  bonds  after  the  year  nineteen  hundred  and 
fourteen,  prior  to  which  time  payments  upon  said  princi- 
pal are  not  required.  The  amount  required  for  such  an- 
nual payments  and  for  interest  on  said  bonds  shall  without 
further  vote  be  assessed  under  the  provisions  of  section 
thirty-seven  of  chapter  twelve  of  the  Revised  Laws,  until 
said  debt  is  extinguished. 

Section  4.     Bonds,  notes  or  scrip  issued  under  this  act  Not  to  be  in- 
shall  not  be  reckoned  in  determining  the  statutory  limit  of  debt  limit, 
indebtedness  of  the  city. 

Section  5.     Chapter  two  hundred  and  sixty-five  of  the  Repeal, 
acts   of  the  year  nineteen   hundred   and   seven   is   hereby 
repealed. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1908. 

An  Act   relative  to   the   filing   of   inventories   of  Chap.^t^^ 
estates  in  the  office  of  the  tax  commissioner. 

Be  it  enacted,  etc.,  as:  foUoirs: 

Section  1.      Section  fourteen  of  chapter  five  hundred  iQO?  563,  §  u. 

-       .  i  amenaea. 

and  sixty-three  of  the  acts  of  the  year  nineteen  hundred 
and  seven  is  hereby  amended  by  adding  at  the  end  thereof 


228  Acts,  1908.  — CnAr.  269. 

tlie  following:  —  but  the  tax  eonnnissioncr  may  excuse  the 
register  from  tiling  inventories  or  copies  of  inventories  and 
of  wills  of  estates  no  part  of  which,  in  his  judgment,  ap- 
pears to  he  sulgect  to  a  tax  under  tlie  provisions  of  this 
invenfory.etc    chapter,  —  SO  as  to  read  as  follows:  —  Section  lA.     The 

to  be  recorded,  •  !•  t  in  i  •  i- 

etc.  register  of  probate  shall  record  the  inventory  and  appraisal 

of  every  estate  which  is  filed  in  his  office,  and  he  shall, 
within  thirty  days  after  the  same  has  been  filed,  send  by 
mail  to  the  tax  commissioner  such  inventory  and  a]ipraisal 
or  a  copy  thereof.  The  register  shall  also,  within  the  same 
period,  send  by  mail  to  the  tax  commissioner  a  copy  of  the 
will  of  the  decedent,  if  such  has  been  allowed  by  the  pro- 
bate court.  The  register  shall  also  furnish  such  copies  of 
papers  in  his  office  as  the  tax  commissioner  shall  require, 
and  shall  furnish  information  as  to  the  records  and  files  in 
his  office  in  such  form  as  the  tax  commissioner  ma}'  re- 
quire. A  refusal  or  neglect  by  the  register  so  to  send  such 
inventory  and  a})praisal  or  copy  thereof,  or  to  furnish  such 
copies  or  information,  shall  be  a  breach  of  his  official  bond; 
but  the  tax  commissioner  may  excuse  the  register  from 
filing  inventories  or  copies  of  inventories  and  of  wills  of 
estates  no  part  of  which,  in  his  judgment,  appears  to  be 
subject  to  a  tax  under  the  provisions  of  this  chapter. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1908. 

Chap.269  An    Act    to   provide    that    the    kecords    of    certain 

110SP1TAI>S     SHALL     BE     ADMITTED     AS     EVIDENCE     IN     THE 
COURTS. 

Be  it  enacted,  etc.,  as  follows: 

ime^nded'^"'  Sccticm  two  of  chapter  three  hundred  and  thirty  of  the 
acts  of  the  year  nineteen  hundred  and  five  is  her(>by 
amended  by  inserting  after  the  word  "  records  ",  in  the 
first  line,  the  words:  —  and  similar  records  kept  prior  to 
April  twenty-fifth,  nineteen  hundred  and  five,  —  so  as  to 

Custody  etc.,    j-f^^d  as  follows :  —  Hectioti  2.     Such  records,  and  similar 

of  records.  _  _  ... 

records  ko])t  prior  to  April  twenty-fifth,  nineteen  hundred 
and  five,  shall  be  in  the  custody  of  the  ])erson  in  charge  of 
the  hospital,  and  shall  be  admissible  as  evidence  in  the 
courts  of  the  commonwealth  as  to  all  matters  therein  con- 
tained. Approved  March  25,  1908. 


Acts,  1908.  — Chaps.  270,  271.  229 

An  Act  relative  to  the  taking  of  scallops.  Chap.270 

Be  it  enacted,  etc.,  as  fotlows: 

Section  1.     Chapter  ninety-one  of  the  Revised  Laws  is  r.  l.  9i,§83, 
hereby  amended  by  striking  out  section  eighty-three  and  ^"^^'^ 
inserting  in   place   thereof   the   following:  —  Section  <5^-  Jctuops  regu- 
AVhoever  between  the  first  day  of  April  and  the  first  day  'ated. 
of  October  takes  scallops  from  the  flats  or  waters  of  the 
commonwealth  by  means  of  dredges,  rakes,  hoes,  shovels 
or  any  other  implement  whatever,  or  buys  or  sells  scallops 
so  taken,  or  has  them  in  possession  for  any  purpose,  shall 
be  ])unished  by  a  fine  of  not  less  than  twenty  nor  more 
than  fifty  dollars  for  each  offence;  bnt  the  provisions  of 
this  section  shall  not  apply  to  the  taking  of  scallops  for 
bait  in  the  waters  adjacent  to  the  town  of  Xantncket  from 
the  first  day  of  April  to  the  fifteenth  day  of  May  inclusive. 

Section  2.  It  shall  be  lawful  for  any  person  at  any  Scaiiops  may 
time  to  take  scallops  by  hand  for  food  for  his  own  personal  personli  use. 
or  family  use. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1908. 


'  Chap.271 


An  Act  relative  to  the  government  of  the  city  of 
cambridge. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     Section  eleven  of  chapter  three  hundred  i89i,364.§ii, 

^       .  etc.,  amenuea. 

and  sixty-four  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-one,  as  amended  by  section  three  of  chapter 
five  hundred  and  sixty-five  of  the  acts  of  the  year  nineteen 
hundred  and  seven,  is  hereby  further  amended  by  insert- 
ing after  the  word  "  vote  ",  in  the  twenty-seventh  line,  the 
words:- — -of  appropriation,  —  and  also  by  striking  out 
the  words  "  involving  the  expenditure  of  money  ",  in  the 
twenty-seventh  and  twenty-eighth  lines,  so  that  the  sen- 
tence thus  amended  will  read  as  follows,  to  wit :  —  The  order  or  vote 
mayor's  approval  shall  likewise  be  required  for,  and  he  uon^toTe^ap- 
shall  have  a  similar  power  of  veto,  and  with  like  limita-  n™^^,  et^c.*^^ 
tions,  over  any  order  or  vote  of  appropriation  of  the  school 
committee,  and  any  order  or  vote  of  the  board  of  aldermen 
which  involves  the  exercise  of  any  of  the  powers  conferred 
by  laAV  upon  the  mayor  and  aldermen,  or  upon  the  board 
of  aldermen  as  a  separate  board,  and  such  order  or  vote 


2S0  Acts,  1908.  —  Chaps.  21%  273. 

shall  be  reconsidered,  and  may  be  passed  by  a  two  thirds 
vote  of  said  eoniniittee  or  board,  notwithstanding  the 
mayor's  objections,  as  hereinbefore  provided. 

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

Approved  March  25,  1908. 

Chajp.21^  An  Act  to  authorize  the  conveyance  of  the  wheeler 

ESTATE   IN   THE  TOWN  OF  CANTON. 

Be  it  enacted,  etc.,  as  follotcs: 

?he\\hle\er°^       Section  1.     The  First  Congregational  Parish  of  Can- 
Estate  in  the     ton,  the  Trustees  of  the  Ministerial  Fund  of  the  Congre- 

town  of  Canton  •  i    -r>       •    i  in-  •       ^  -it 

authorized.       gatioual  Parish  and  bociety  m  Canton,  a  corporation  duly 
established  by  chapter  one  hundred  and  forty-one  of  the 
'  acts  of  the  year  eighteen  hundred  and  twenty-five,  the  to\^Ti 

of  Canton  acting  under  any  vote  heretofore  or  hereafter 
passed,  and  all  other  persons  whatsoever  having  any  estate, 
right,  title  or  interest  in  the  real  estate  hereinafter  de- 
scribed, are  hereby  each  severally  authorized  and  empow- 
ered to  convey  a  certain  lot  of  land  known  as  the  Wheeler 
Estate,  situated  in  Canton,  in  the  county  of  Norfolk  and 
commonwealth  of  Massachusetts,  and  l)ounded  and  de- 
scribed as  follows :  —  Easterly  by  Dedham  street ;  south- 
erly in  part  by  land  of  the  heirs  of  Alfred  Draper,  in  part 
by  land  of  George  F.  Capen,  in  part  by  land  of  S.  D.  T. 
Draper,  and  in  part  by  land  of  Maria  T.  Sumner ;  east- 
erly by  land  of  said  Maria  T.  Sumner ;  southerly  by  land 
of  Frederick  W.  Sumner ;  westerly  by  Spring  lane  till  it 
comes  to  land  formerly  of  the  heirs  of  James  Dunbar, 
now  of  D.  J.  McCarthy ;  thence  on  land  of  said  McCarthy 
till  it  comes  to  land  formerly  of  Leonard  Billings ;  north- 
erly on  land  formerly  of  said  Leonard  Billings  till  it 
comes  to  land  formerly  of  William  Taunt,  and  then  bound- 
ing on  land  formerly  of  said  Taunt  till  it  comes  to  the 
aforesaid  Dedham  street. 

Section  2.     This  act  shall  take  effect  upon  i1s  passage. 

Approved  March  25,  1908. 

Chap.273  An  Act  to  authorize  unpaid  labor  on  yachts  and 

BOATS  ON    THE   LORd's  DAY. 

Be  it  enacted,  etc.,  rt,<?  fotlows: 
r.l.  98,  §3  Section  1.     Section  three  of  chapter  ninetv-eight  of  the 

etc.,  amended.  i     i    i  i  i-  "i  i        i 

Ivevised  Laws,  as  amended  by  chapter  tour  hundred  and 


Acts,  1908.  — Chap.  273.  281 

fourteen  of  the  acts  of  the  year  nineteen  hundred  and  two, 
and  by  chapter  one  hundred  and  twenty-six  of  the  acts  of 
the  year  nineteen  hundred  and  eight,  is  hereby  further 
amended  by  inserting  after  the  word  "  boats  ",  in  the  fif- 
teenth line,  the  words :  —  nor  unpaid  work  on  yachts  and 
pleasure  boats,  —  so  as  to  read  as  follows:  —  Section  S.  ^f b^j^-'nelsli^ot 
The  provisions  of  the  preceding  section  shall  not  be  held  ^^^  Lord's  da" 
to  prohibit  the  manufacture  and  distribution  of  steam,  gas 
or  electricity  for  illuminating  purposes,  heat  or  motive 
power,  nor  the  distribution  of  water  for  fire  or  domestic 
purposes,  nor  the  use  of  the  telegraph  or  the  telephone,  nor 
the  retail  sale  of  drugs  and  medicines,  nor  articles  ordered 
by  the  prescription  of  a  physician  or  mechanical  appliances 
used  by  physicians  or  surgeons,  nor  the  retail  sale  of  to- 
bacco in  any  of  its  forms  by  licensed  innholders,  common 
victuallers,  druggists  and  newsdealers  whose  stores  are  open 
for  the  sale  of  newspapers  every  day  in  the  week,  nor  the 
retail  sale  of  ice  cream,  soda  water  and  confectionery  by 
licensed  innholders  and  druggists,  and  by  such  licensed 
common  victuallers  as  are  not  also  licensed  to  sell  intoxi- 
cating liquors  and  who  are  authorized  to  keep  open  their 
places  of  business  on  the  Lord's  day,  nor  the  letting  of 
horses  and  carriages  or  of  yachts  and  boats,  nor  unpaid 
work  on  yachts  and  pleasure  boats,  nor  the  running  of 
steam  ferry  boats  on  established  routes,  nor  the  running 
of  street  railway  cars,  nor  the  preparation,  printing  and 
publication  of  newspapers,  nor  the  sale  and  delivery  of 
newspapers,  nor  the  wholesale  or  retail  sale  and  delivery 
of  milk,  nor  the  transportation  of  milk,  nor  the  making  of 
butter  and  cheese,  nor  the  keeping  open  of  public  bath 
houses,  nor  the  making  or  selling  by  bakers  or  their  em- 
ployees, before  ten  o'clock  in  the  morning  and  between  the 
hours  of  four  o'clock  and  half  past  six  o'clock  in  the  even- 
ing, of  bread  or  other  food  usually  dealt  in  by  them,  nor 
the  carrying  on  of  the  business  of  bootblacks  before  eleven 
o'clock  in  the  forenoon,  nor  the  digging  of  clams  or  the 
icing  and  dressing  of  fish. 

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

A  [J  proved  March  25,  190S. 


232 


Acts,  1908. 


Chap.  274. 


The  city  of 
Worcester  may 
remove  certain 
buildings, 
structures,  etc. 


Court  may 
order  removal 
in  certain 
cases. 


CliapSll-i  Ax  Act  to  authorize  the  removal  of  buildings  or 

MATERIALS  FROM  LAND  TAKEN  BY  THE  CITY  OF  WORCES- 
TER  FOR   :MUNICirAL   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  If,  at  the  time  of  the  taking  of  land  or  an 
easement  therein  by  the  city  of  Worcester  for  municipal 
purposes,  there  are  buildings,  or  parts  of  buildings,  or 
structures,  or  materials  thereon,  the  same  may  be  removed 
by  the  owner  within  sixty  days  after  the  date  when  notice 
of  the  request  for  such  removal  is  served  upon  the  owner; 
but  if  it  be  not  practicable  to  remove  the  part  of  such  build- 
ing, structure  or  material  from  the  land  taken,  then  the 
supei'ior  court,  upon  petition  in  equity,  may  direct  the 
owner,  or  authorize  the  city,  to  remove  or  dispose  of  such 
entire  building,  structure  or  material,  and  shall  decree  the 
damages  arising  therefrom,  but  if  against  the  city,  to  the 
parties  entitled  thereto. 

Section  2.  If  the  owner,  at  the  date  of  the  taking  of 
buildings,  or  parts  of  buildings,  or  structures,  or  materials, 
situated  u])on  land  taken  by  the  city  of  ^Yo^cester  for  mu- 
nicipal purposes,  does  not  remove  the  same  after  notice  as 
above  provided,  then,  upon  petition  in  equity  to  the  su- 
])erior  court  by  the  city  of  Worcester,  said  court  may  order 
such  owner  to  remove  the  buildings,  or  parts  of  buildings, 
or  structures,  or  materials  situated  upon  the  land  so  taken 
by  the  city,  within  such  time  as  the  court  deems  proper, 
and  after  compliance  with  said  order  the  court  shall  assess 
damages  in  consequence  thereof. 

Section  3.  If  a  part  of  a  building,  or  structure,  or 
material  is  on  land  not  taken  by  the  city  of  Worcester  for 
uiunicipal  purj)oses,  and  if  it  be  not  practicable  to  remove 
the  part  of  such  building,  structure  or  material,  upon  the 
land  taken,  then  the  superior  court,  upon  petition  in  equity, 
may  direct  the  owner,  or  authorize  the  city,  to  remove  or 
dispose  of  such  entire  building,  structure  or  material,  and 
shall  decree  the  damages  arising  therefrom,  but  if  against 
the  city,  to  the  parties  entitled  thereto. 

Section  4.  The  owner  of  land,  or  of  any  interest 
therein,  which  is  taken  by  the  city  of  Worcester  for  mu- 
nicipal i)urposes,  may  have  the  claim  for  damages  pro- 
vided for  in  sections  two  and  three  of  this  act,  tried  by  a 
jury,  if  the  claim  therefor  is  filed  within  thirty  days  after 


Proceedings  in 
cases  in  wliicli 
part  of  a 
building,  etc., 
is  to  be 
removed. 


Damages. 


Acts,  1908.  — Chap.  275.  233 

the  date  of  the  return  (hiy  of  the  iiotiee  issued  upon  the 
petition  in  equity. 

Section  5.     This  act  sliall  take  effect  upon  its  passage. 

Approved  March  25,  190S. 

An  Act  to  authorize  the  city  of  pittsfieij)  to  ke-  (J]iap.'2IlS 
FUND  its  school  debt. 

Be  it  enacted,  etc.,  as  folio trs: 

Section  1.  F(jr  the  purpose  of  refunding-  the  outstand-  gehoofLoan, 
ine:  notes  which  were  issued  bv  the  citv  of  Pittsfiehl  on  -"^ct  of  1908. 
account  of  debts  incurred  in  bnihling  schoolhonses  and  in 
procuring  land  for  such  schoolhonses  and  for  the  purpose 
of  paying  its  other  indebtedness  incurred  in  building  school- 
houses  and  ill  procuring  land  for  such  schoolhonses,  said 
city  is  hereby  authorized  to  issue  bonds  to  an  amount  not 
exceeding  one  hundred  and  ^ity  thousand  dollars.  Such 
bonds  shall  bear  on  the  face  thereof  the  words,  Pittstield 
School  Loan,  Act  of  1008;  shall  be  payable  at  the  expira- 
tion of  periods  not  exceeding  twenty  years  from  their  date 
of  issue ;  shall  bear  interest  at  a  rate  not  exceeding  five 
per  cent  per  annum,  payable  semi-annually ;  and  shall  be 
signed  by  the  treasurer  and  countersigned  by  the  mayor  of 
the  city.  Said  city  may  sell  such  bonds  at  not  less  than 
par  at  public  or  private  sale,  or  may  use  the  same  for  the 
payment  of  the  above  named  notes,  bonds  and  indel)ted- 
ness. 

Section  2.     The  citv  mav  authorize  temiiorary  loans  to  Temporary 

I  11'  "       1     "^  •  .    .  '.  I'     1        loans  au- 

be  made  by  its  mayor  and  treasurer  in  anticipation  ot  the  thoHzed. 
issue  of  bonds  hereby  authorized. 

Section  3.  The  city  instead  of  establishing  a  sinking  Payment  of 
fund  shall  by  its  city  council  vote  to  provide  that  the  said 
bonds  sliall  be  payable  in  such  annual  amounts  as  will  in 
the  aggregate  extinguish  the  same  within  the  time  pre- 
scribed in  this  act.  The  amount  required  for  such  annual 
payments  and  for  interest  on  said  bonds  shall  without  fur- 
ther vote  be  assessed  under  the  provisions  of  section  thirty- 
seven  of  chapter  twelve  of  the  Revised  Laws,  until  said 
debt  is  extinguished. 

Section  4.     Bonds,  notes  or  scrip  issued  under  this  act  ^JJded  within 
shall  not  be  reckoned  in  determining  the  statutory  limit  debt  limit, 
of  indebtedness  of  the  city. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Ajjprov&d  March  25,  1908. 


234:  Acts,  1908.  —  Chaps.  276,  277. 


Chap.27Q  Ax  Act  rp:i-ative  to  the  taking  of  land  i\  the  city 

OF    WORCESTER    FOR    MUNICIPAE    IMliTOSES. 

Be  it  enacted,  etc.,  as  follows: 
^y'>«?'fn<i'  Section    1.      When   land,   or   an  easement   therein,   is 

etc..  IS  taken  ,  ,  '  ,  ' 

for  municipal    taken  bv  the  city  of  Worcester  for  mnnici])al  purposes  as 

purpose.s,  the  i-^iii  i  -i  •  -i 

title  to  pass  to  authorizetl  by  law,  the  title  or  interest  in  the  same  sliali 
pass  to  the  city  on  the  date  or  dates  when  the  plan  or  plans 
of  the  same,  signed  by  the  mayor  or  city  engineer,  are  filed 
in  the  Worcester  district  registry  of  deeds  for  the  county 

Proviso.  of  Worcester:  provided,  that  the  title  shall  not  pass  unless 

the  said  plan  or  plans  are  filed  within  two  years  after  the 
date  on  which  the  decree  of  taking  is  approved  by  the 
mayor. 

Damages.  Section  2.    Compensation  for  damages  for  land  so  taken 

shall  be  determined  upon  petition  in  the  manner  provided 
by  law,  but  interest  upon  such  compensation  shall  be  pay- 
able from  the  date  of  the  filing  of  the  plan  or  plans  of  such 
taking,  as  above  provided. 

Section  3.     This  act  sliall  take  effect  upon  its  passage. 

Appro  red  March  ^o,  1008. 

Cliap.211  Ax  Act  to  authorize  the  city  of  pittsfield  to  re- 
fund CERTAIN   MISCELLANEOUS   INDEBTEDNESS. 

Be  it  enacted,  etc.,  as  follows: 

provement^"'  Section  1.  For  tlic  purposc  of  refunding  an  outstand- 
1908'  "^"^^  "^  iiiii'  note  amounting  to  fifteen  thousand  dollars,  which  was 
issued  by  the  city  of  Pittsfield  on  account  of  debts  incurred 
in  liuilding  the  ward  tAvo  engine  house,  and  for  the  pur- 
pose of  refunding  other  outstanding  notes  which  were  is- 
sued by  said  city  on  account  of  debts  incurred  in  paving 
Cottage  row,  constructing  the  ]\Iill  street  bridge,  construct- 
ing the  Hancock  road  bridge,  in  purchasing  the  Merriam 
farm  land,  j^ickerson  and  Dunham  land  and  the  Methodist 
church  park  land,  amounting  in  the  aggregate  to  fifty- 
seven  thousand  on(>  hundi-(>d  and  forty-five  dollars,  said 
city  is  hereby  authorized  to  issue  bonds  to  an  amount  not 
exceeding  seventy-two  thousand  one  hundred  and  forty-five 
dollars.  Such  bonds  shall  bear  on  the  face  thereof  the 
words,  Permanent  Improvement  Loan,  Act  of  1908;  fifty- 
seven  thousand  one  hundred  and  forty-five  dollars  thereof 
shall  be  payable  at  the  cxijiration  of  periods  not  exceeding 
ten    vcars   fi-oiii    their  (bite  of   issue   and    lil'tccii    tli(tusand 


Acts,  1908.  —  Chaps.  278,  279.  235 

dollars  thereof  shall  be  payable  at  the  expiration  of  periods 
not  exceeding  twenty  years  from  their  date  of  issne ;  shall 
bear  interest  at  a  rate  not  exceeding  five  per  cent  per 
annum,  payable  senii-annnally ;  and  shall  be  signed  by  the 
treasurer  and  countersigned  by  the  mayor  of  the  city. 
Said  city  may  sell  such  bonds  at  not  less  than  par  at  pub- 
lic or  private  sale,  or  may  use  the  same  for  the  payment 
of  the  above  named  notes  and  indebtedness. 

Section  2.      The  city  may  authorize  temporary  loans  Temporary 
to  be  made  by  its  mayor  and  treasurer  in  anticipation  of 
the  bonds  hereby  authorized. 

Section  3.  Said  city  instead  of  establishing  a  sinking  Payment  of 
fund  shall  by  its  city  council  vote  to  provide  that  the  said 
bonds  shall  be  payable  in  such  annual  amounts  as  will  in 
the  aggregate  extinguish  the  same  within  the  time  pre- 
scribed in  this  act.  The  amount  required  for  such  annual 
payments  and  for  interest  on  said  bonds  shall  without  fur- 
ther vote  be  assessed  under  the  provisions  of  section  thirty- 
seven  of  chapter  twelve  of  the  Revised  Laws,  until  said 
debt  is  extinguished. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,,  190S. 

An  Act   to  authorize   street   railway  companies   to  Chap.27S 

TRANSPORT  MILK  AND  CREAM. 

Be  it  enacted,  etc.,  as  fotloirs: 

Section   1.      All  street   railwav  companies  within   the  street  railway 

,,  ,,  i-'i  -Ti  1    companies  to 

commonwealth  are  hereby  authorized  to  transport  milk  and  transport  milk 

T  ,1   '•  ,•         T  !>         •!  1    and  cream. 

cream  over  and  upon  their  respective  lines  ol  railwa}'  and 
from  and  to  any  point  thereon,  subject  only  to  the  super- 
vision of  and  to  such  regulations  as  may  be  impjsed  by 
the  board  of  railroad  commissioners,  any  restrictions  upon 
the  right  of  said  companies  to  transijort  milk  and  cream 
heretofore  imposed  under  any  existing  laws  or  charters  to 
the  contrary  notwithstanding. 

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

Approved  March  25,  1908. 

An    Act   to   provide    for   the    improvement,    mainte-  (JJ/an  279 
nance  and  repair  of  ways  in  certain  towns. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  fortv-seven  of  the  Revised  Laws  R- l  47.  §  i7, 

11  111  -1   •'  •  1    amended. 

is  hereby  amended   by  striking  out  section  seventeen  and 


236  Acts,  1908.  — Chap.  279. 

STe^rt'afn''^^^  "^^^'^"^^^^S  ^^   placc   tliercof   the   followiug-:  —  Section   17. 

towus.  'piip  commission  shall  allot  for  and  expend  in  such  towns 

the  valuation  of  which  does  not  exceed  one  million  dollars, 
and  in  such  amounts,  as  it  determines,  five  per  cent  of  the 
amount  a])])ropriated  each  year  for  the  construction  of 
state  highways,  to  be  used  in  constructing  and  repairing 
ways  in  such  towns ;  and  it  shall  not  he  a  condition  prece- 
dent that  such  towns  shall  make  any  appropriation  or  con- 
tribution in  excess  of  the  usual  annual  a])propriations  for 
highw^ay  purposes  to  become  eligible  for  an  exi)enditure 
under  this  section.  Said  commission  may  also  allot  for 
and  expend  in  such  towns  for  like  purposes,  in  addition 
to  any  expenditures  hereinbefore  provided  for,  a  further 
amount  of  five  per  cent  of  said  amount  appropriated,  if 
such  towns  appropriate  or  contribute,  to  be  expended 
under  the  provisions  of  this  section,  an  amount  equal  to 
the  amount  allotted  by  the  commission.  Said  eonnnission 
may  also  allot  and  expend  a  further  amount  of  not  more 
than  five  per  cent  of  said  amount  appropriated  each  year 
for  the  construction  of  state  highways  in  towns  the  valua- 
tion of  which  exceeds  one  million  dollars,  in  such  amounts 
as  it  determines,  if  such  towns  appropriate  or  contribute, 
to  be  expended  under  the  provisions  of  this  section,  an 
amount,  in  addition  to  the  average  annual  appropriations 
for  repairs  of  highways  in  such  towns  for  the  preceding 
five  years,  exclusive  of  appropriations  or  contributions 
under  this  section,  equal  to  the  amount  allotted  by  said 
commission.  ISTo  tovn\  the  valuation  of  which  is  less  than 
one  million  dollars,  and  which  makes  no  appropriation  or 
contribution  under  the  provisions  of  this  section,  shall 
receive  in  any  one  year  more  than  forty  per  cent  of  its 
average  annual  appropriations  for  highway  pur]30ses   for 

Proviso.  the  preceding  five  years:  provided,  however,  that  said  com- 

mission may  allot  in  any  year  a  sum  not  exceeding  four 
hundred  dollars  to  any  such  town,  the  said  average  annual 
a])])ropriation  of  which  does  not  exceed  one  thousand  dol- 
lars. Such  allotments  and  expenditures  shall  be  made  only 
upon  the  petition  of  the  selectmen  of  the  towns  and  the 
provisions  of  section  twelve  shall  apply  thereto,  but  a  way 
constructed  or  repaired  under  the  provisions  of  this  section 
shall  not  thereby  become  a  state  highway.  After  a  high- 
way has  been  improved  by  said  commission  under  the  pro- 
visions of  this  section  it  may  from  time  to  time  expend 


Acts,  1908.  — Chap.  280.  237 

such  Slims  as  it  may  deem  necessary  for  the  maintenance 
and  repair  thereof  as  provided  in  section  fifteen ;  and  the 
whole  or  any  part  thereof,  not  exceeding  fifty  dollars  a 
mile  in  any  one  year,  may  be  certified,  collected  and 
credited  or  may  be  repaid  by  it  as  provided  in  section 
sixteen. 

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

Approved  March  25,  1908. 

An  Act  relative  to  the  fraudulent  use  of  names,  CJian,2S0 

TITLES     OB     COMMON     DESIGNATIONS     OF     FRATERNITIES, 
SOCIETIES   AND   UNIONS. 

Be  it  enacted,  etc.,  os  follows: 

Section  1.     Whoever,  wilfully,  by  color  or  aid  of  anv  Penalty  for 

«T,i  .,•  ,1  n  \  ,  r    T  "^     fraudulent  use 

false  token  or  writing,  or  other  false  pretense  or  false  of  names,  etc. 
statement,  verbal  or  written,  or  without  authority  of  the 
grand  or  supreme  governing  lodge,  council,  union  or  other 
governing  body  hereinafter  mentioned,  obtains  the  signa- 
ture of  any  person  to  any  written  application,  or  obtains 
any  money  or  property  for  any  alleged  or  pretended  de- 
gree, or  for  any  alleged  or  pretended  membership  in  any 
fraternity,  association,  society,  order,  organization  or  union 
having  a  grand  or  supreme  governing  lodge,  council,  union 
or  other  governing  body  in  this  commonwealth,  or  in  any 
subordinate  lodge  or  body  thereof,  shall  be  punished  by 
imprisonment  for  not  more  than  one  year  or  by  a  fine  of 
not  more  than  five  hundred  dollars,  or  by  both  such  fine 
and  imprisonment. 

Section  2.     Whoever,  in  a  newspaper  or  other  publica-  Penalty  for 
tion,  or  in  any  written  or  printed  letter,  notice,  matter  or  cation"  etc.  '" 
device,  without  authority  of  the  grand  or  supreme  govern- 
ing lodge,  council,  union  or  other  governing  body  herein- 
after mentioned,  fraudulently  uses  or  aids  in  any  way  in  ^ 
the  use  of  the  name,  title  or  common  designation  of  any 
fraternity,  association,  society,  order,  organization  or  union 
which  has  a  grand  or  supreme  governing  lodge,  council, 
union  or  other  governing  body,  having  priority  in  such  use 
in  this  commonwealth,  or  any  name,  title  or  designation  so 
nearly  resembling  the  same  as  to  be  calculated  or  likely  to 
deceive  ;  and  whoever,  without  such  authority,  fraudulently 
publishes,   sells,   circulates   or   distributes   any  written   or 
printed  letter,  notice,  matter  or  device,  in  any  way  solicit- 


238 


Acts,  1908.  — Chap.  281. 


ing  members  for  such  fraternity,  association,  society,  order, 
organization  or  union,  or  for  any  alleged  or  pretended 
fraternity,  association,  society,  order,  organization  or  union, 
using  any  such  name,  title,  designation,  or  near  resemblance 
thereto;  and  whoever  therein  or  thereby  in  any  way,  with- 
out such  authority,  fraudulently  offers  to  sell,  confer,  com- 
municate or  give  information  where,  of  whom  or  by  what 
means  any  degree  or  work,  in  whole  or  in  part,  of  such 
fraternity,  association,  society,  order,  organization  or  union, 
or  of  any  alleged  or  pretended  fraternity,  association,  so- 
ciety, order,  organization  or  union  using  any  such  name, 
title  or  designation  or  near  resemblance  thereto,  can  or 
may  be  obtained,  conferred  or  communicated,  shall  be  pun- 
ished by  imprisonment  for  not  more  than  one  year  or  by 
a  fine  of  not  more  than  five  hundred  dollars,  or  by  both 
such  fine  and  imprisonment. 

Approved  March  25,  1908. 


The  town  of 
Hopedale  may 
connect  its 
main  drains, 
etc..  with  the 
sewerage  sys- 
tem of  the 
town  of  Mil- 
ford,  etc. 

Proviso. 


Chap.^SX  Ax  Act  to  authorize  the  town  of  hopedale  to  con- 
nect CERTAIN  OF  ITS  MAIN  DRAINS  AND  COMMON  SEWERS 
WITH  THE  SEWERAGE  SYSTEM  OF  THE  TOWN  OF  MILFORD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Hopedale  may  connect  cer- 
tain of  its  main  drains  and  common  sewers  with  the  sewer- 
age system  of  the  town  of  Milford,  and  thereafter  the 
town  of  Milford  shall  receive  and  dispose  of  the  sewage 
entering  its  said  system  through  such  drains  and  common 
sewers:  provided,  that  an  agreement  to  this  effect  shall  be 
made  by  the  two  towns,  acting  through  the  boards  or  offi- 
cers having  charge  of  the  sewers  in  the  said  towns.  The 
agreement  shall  state  the  terms  and  conditions  upon  which 
the  said  connection  is  to  be  made,  and  shall  be  recorded 
by  the  town  clerks  in  the  records  of  their  respective  towns. 
The  agreement  shall  provide  for  the  payment  by  the  town 
of  Hopedale  to  the  town  of  ]\Iilford  of  a  stated  sum  at  the 
time  when  the  connection  is  made,  and  also  for  a  yearly 
rental  beginning  with  the  year  in  which  the  connection  is 
made.  Such  rental  may  be  based  upon  the  number  of 
entrances  made  to  said  common  drains  and  sewers.  The 
agreement  shall  also  state  the  terms,  conditions  and  regu- 
lations in  accordance  with  which  such  entrances  may  be 
made  within  the  town  of  Jlopcdale. 


Rental. 


Acts,  1908.  — Chap.  282.  230 

Section  2.  The  road  commissioners  of  the  town  of  i^^le^i^^tmi"" 
Hopedale,  or  such  other  board  or  officer  as  the  town  may  ^^fjgilhed^^ 
designate,  may  from  time  to  time  establish  just  and  equi- 
table annual  charges  for  the  use  of  the  common  sewers  con- 
nected with  the  sewerage  system  of  the  town  of  Milford, 
which  shall  be  paid  by  every  person  who  enters  his  par- 
ticular sewer  therein ;  and  the  provisions  of  chapter  forty- 
nine  of  the  Revised  Laws,  and  of  all  acts  in  amendment 
thereof,  shall  apply  to  the  collection  of  such  charges  and 
to  liens  therefor  upon  abutting  lands. 

Section  3.     No  connection  shall  be  made  under  this  Plan  to  be  filed 

•   1       1  CI  x-  -A  r  •  1  x-        1  X  •  1    showing  con- 

act  With  the  sewerage  system  oi  the  town  oi  iviillora  until  nection,  etc. 
a  plan  showing  such  proposed  connection  and  the  territory 
within  the  town  of  Hopedale  to  which  said  system  is  to  be 
extended,  and  the  agreement  above  provided  for  have  both 
been  submitted  to  the  state  board  of  health  and  approved 
by  said  board.  Such  a  plan  shall  also  be  filed  in  the  office 
of  the  town  clerk  of  each  town. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1908. 

Ax  Act  to  authorize  the  north  chelmsford  fire  dis-  QJi(ip.2S2 

TRICT   TO   MAKE   AN   ADDITIONAL  WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Xorth  Chelmsford  Fire  District,  for  North  Cheims- 
the  purposes  mentioned  in  chapter  one  hundred  and  nine-  trictLoan, 
teen  of  the  acts  of  the  year  nineteen  hundred  and  six,  as 
amended  by  chapter  five  hundred  and  twenty-eight  of  the 
same  year,  may  issue  from  time  to  time  bonds,  notes  or 
scrip  to  an  amount  not  exceeding  ten  thousand  dollars  in 
addition  to  the  amounts  heretofore  authorized  by  law  to 
be  issued  by  said  district  for  water  works  purposes.  Such 
bonds,  notes  or  scrip  shall  bear  on  their  face  the  words, 
Xorth  Chelmsford  Fire  District  Loan,  1908;  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  and  one  half  per 
cent  per  annum ;  and  shall  be  signed  by  the  treasurer  of 
the  district  and  countersigned  by  the  water  commissioners. 
Said  district  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 


2i0 


Acts,  1908.  — Chap.  282. 


Proviso. 


Payment  of 
loan. 


1907,  105,  §  1, 
amended. 


Terms  and 
conditions,  etc. 


Prior  proceed- 
ings confirmed. 


may  doom  proper:  provided,  that  such  securities  shall  not 
he  sold  for  less  than  the  par  value  thereof. 

Section  2.  Said  district  shall,  at  the  time  of  authoriz- 
ing said  loan,  provide  for  the  payment  thereof  in  such 
annual  projiortionate  payments,  beginning  not  more  than 
three  years  after  the  first  issue  of  such  bonds,  notes  or 
scrip,  as  v^^ill  extinguish  the  same  within  the  time  pre- 
scribed by  this  act ;  and  when  a  vote  to  that  effect  has  been 
passed,  a  sum  which,  with  the  income  derived  from  water 
rates,  will  be  sufficient  to  pay  the  annual  expense  of  oper- 
ating its  water  works  and  the  interest  as  it  accrues  on  the 
bonds,  notes  or  scrip  issued  as  aforesaid  by  said  district, 
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  the  town  of 
Chelmsford  in  the  manner  provided  in  section  eight  of 
said  chapter  one  hundred  and  nineteen,  until  the  debt  in- 
curred by  said  loan  is  extinguished. 

Section  3.  Section  one  of  chapter  one  hundred  and 
five  of  the  acts  of  the  year  nineteen  hundred  and  seven  is 
hereby  amended  by  striking  out  the  word  "  sixteen  ",  in 
the  last  line,  and  inserting  in  place  thereof  the  word :  — 
eighteen,  —  so  that  the  last  sentence  of  said  section  will 
read  as  follows :  —  Such  bonds,  notes  or  certificates  of 
debt  shall  be  issued  upon  the  same  terms  and  conditions 
and  with  the  same  powers  on  the  j)art  of  said  district  as 
are  specified  in  said  chapter  as  amended,  except  that  the 
ann\ial  proportionate  payments  thereof  shall  begin  in  the 
year  nineteen  hundred  and  eighteen. 

Section  4.  All  proceedings  of  the  N^orth  Chelmsford 
Fire  District  at  district  meetings  held  prior  to  the  pas- 
sage of  this  act,  and  all  bonds,  notes,  or  certificates  of  debt 
heretofore  issued  by  said  district,  are  hereby  confirmed 
and  made  valid,  to  the  same  extent  as  if  the  word  "  six- 
teen ",  in  the  last  line  of  section  one  of  said  chapter  one 
hundred  and  five,  had  read  "  eighteen  ",  at  the  time  when 
the  same  was  enacted. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1908, 


Acts,  1908.  — Chap.  283.  241 


An  Act  to  establish  tup:  blandforo  fire  district  axd  QJf(in.2So 
TO  provide  for  supplying  the  same  with  water. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Blandford  JsubiSied^in 
liable  to  taxation  in  said  town  and  residing  within  the  Bilmiford"^ 
territory  enclosed  by  the  following  boundary  lines,  to  wit : 
—  Beginning  on  the  easterly  side  of  the  highway  called  ifnesTof '^^ 
jSTorth  street,  at  the  northerly  line  of  land  of  I.  E.  Whit-  district, 
ney,  and  riiniiing  thence  east  one  half  mile ;  thence  south- 
easterly to  a  point  on  the  road  from  Blandford  to  Bussell, 
distant  two  hundred  feet  easterly  from  the  easterly  line  of 
land  of  Edward  B.  Hunt ;  thence  southerly  to  a  point  on 
the  road  from  Westfield  to  Xorth  Blandford,  formerly 
known  as  the  Boston  and  Albany  turnpike  road,  distant 
five  hundred  feet  easterly  from  the  easterly  side  of  the 
house  of  Sylvester  H,  Peebles ;  thence  southwesterly  to 
the  intersection  of  the  road  from  Blandford  to  AVest 
Granville,  known  as  the  Ealls  road,  with  the  road  to 
Peebles  hollow,  so-called ;  thence  northwesterly  to  a  water- 
ing trough  on  Long  Hill  on  said  road  from  Westfield  to 
Xorth  Blandford,  and  thence  northeasterly  to  the  point  of 
beginning,  shall  constitute  a  fire  district,  and  are  hereby 
made  a  body  corporate,  by  the  name  of  the  Blandford 
Fire  District,  for  the  purpose  of  supplying  themselves 
with  water  for  the  extinguishment  of  fires  and  for  domes- 
tic and  other  jiurposes,  with  power  to  establish  fountains 
and  hydrants,  and  to  relocate  and  discontinue  the  same ; 
to  regulate  the  use  of  such  water  and  to  fix  and  collect 
rates  to  be  paid  therefor,  and  to  take,  or  acquire  by  lease, 
purchase,  or  otherwise,  and  to  hold  property,  lands,  rights 
of  way  and  easements  for  the  purposes  mentioned  in  this 
act,  and  to  ju-osecute  and  defend  in  all  actions  relating  to 
the  property  and  aft'airs  of  the  district. 

Section  2.     Said  fire  district,  for  the  purposes  afore-  May  take  land 
said,  may  take,  or  acquire  by  purchase  or  otherwise  and  sources  of 
hold  the  waters  of  any  pond  or  stream  or  of  any  ground  ^^'^"^  "^^^^  ^' 
sources  of  supply  by  means  of  driven,  artesian  or  other 
wells  within  the  limits  of  the  district,  and  the  water  rights 
connected  with  any  such  water  sources,  and  may  also  take, 
or  acquire  by  purchase  or  otherwise  and  hold  all  lands, 
rights  of  way  and  easements  necessary  for  collecting,  stor- 


242  Acts,  1908.  — Chap.  283. 

ing,  holding,  purifying  and  preserving  the  purity  of  the 
water  and  for  conveying  the  same  to  any  part  of  said  dis- 
Proviso.  trict:  provided,  hoivevcr,  that  no  source  of  water  supply 

and  no  lands  necessary  for  preserving  the  quality  of  such 
water,  shall  be  taken  or  used  without  first  obtaining  the 
advice  and  approval  of  the  state  board  of  health,  and  that 
the  location  of  all  dams,  reservoirs  and  wells  to  be  used 
as  sources  of  water  supply  under  this  act  shall  be  sub- 
ject to  the  approval  of  said  l)oard.  Said  district  may 
construct  on  the  lands  taken  or  acquired  and  held  under 
the  provisions  of  this  act,  proper  dams,  reservoirs,  stand- 
pipes,  tanks,  buildings,  fixtures  and  other  structures,  and 
may  make  excavations,  procure  and  operate  machinery 
and  provide  such  other  means  and  appliances,  and  do 
such  other  things  as  may  be  necessary  for  the  establish- 
ment and  maintenance  of  complete  and  effective  water 
works;  and  for  that  jmrpose  may  construct  wells  and  res- 
ervoirs and  cstaldish  pumping  works,  and  may  construct, 
lay  and  maintain  aqueducts,  conduits,  pipes  and  other 
works  under  or  over  any  land,  water  courses,  railroads, 
railways  and  public  or  other  ways,  and  along  such  ways 
in  the  Blandford  Fire  District,  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same;  and  for  the  purpose 
of  constructing,  laying,  maintaining,  operating  and  repair- 
ing such  conduits,  pipes  and  other  works,  and  for  all 
proper  purposes  of  this  act,  said  district  may  dig  up  or 
raise  and  embank  any  such  lands,  highways  or  other  ways 
in  such  manner  as  to  cause  the  least  hindrance  to  public 
travel  on  such  ways ;  and  all  things  done  upon  any  such 
way  shall  be  subject  to  the  direction  of  the  selectmen  of 
the  town  of  Blandford. 
kXitcft^kin  Section  3.  Said  fire  district  shall,  Avithin  ninety  days 
to  be  recorded,  after  the  taking  of  any  lands,  rights  of  way,  water  rights, 
water  sources  oi\  easements  under  the  provisions  of  this 
act,  otherwise  than  by  purchase,  file  and  cause  to  be  re- 
corded in  the  registry  of  deeds  for  the  county  of  IIam]> 
den  a  description  thereof  sufficiently  accurate  for  identifi- 
cation, with  a  statement  of  the  purpose  for  Avhich  the  same 
were  taken,  signed  by  the  water  commissioners  hereinafter 
provided  for.  The  title  to  all  land  taken,  purchased  or 
acquired  in  any  way  under  the  provisions  of  this  act  shall 
vest  in  said  Blandford  Fire  District,  and  the  land  so  taken 
may  be  managed,  imjiroved  and  controlled  by  the  board 


Acts,  1908.  — Chap.  283.  243 

of  water  commissioners  hereinafter  provided  for,  in  such 
manner  as  they  shall  deem  for  the  best  interest  of  said 
district. 

Skction  4,  Said  district  shall  pay  all  damages  to  prop-  Damages, 
erty  sustained  by  any  person  or  corporation  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water  right 
or  easement,  or  by  anything  done  by  said  district  under 
authority  of  this  act.  Any  person  or  corjooration  sustain- 
ing damages  as  aforesaid,  who  fails  to  agree  with  said  dis- 
trict as  to  the  amount  thereof,  may  have  the  same  deter- 
mined in  the  manner  provided  by  law  in  the  case  of  land 
taken  for  the  laying  out  of  highways,  on  a2)plication  at 
any  time  within  the  period  of  two  years  after  the  taking 
of  such  land  or  other  property  or  the  doing  of  other  in- 
jury mider  authority  of  this  act;  but  no  such  application 
shall  be  nuide  after  the  expiration  of  two  ^-ears,  and  no 
application  for  assessment  of  damages  shall  be  made  for 
the  taking  of  any  water,  water  right,  or  for  any  injury 
thereto,  until  the  water  is  actually  withdrawn  or  diverted 
by  said  district  under  authority  of  this  act.  Said  district 
may  by  vote,  from  time  to  time,  determine  what  amount 
or  (piantity  of  water  it  projioses  to  take  and  appropriate 
under  this  act ;  in  which  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  district  shall  be  further  liable  only  for  the 
additional  damages  caused  by  such  additional  taking. 

Section  5.  Said  district,  for  the  purpose  of  paying  Biandford  Fire 
the  necessary  expenses  and  liabilities  incurred  under  the  ^'®*"''*  ^°*'^- 
provisions  of  this  act,  may  issue  from  time  to  time  bonds, 
notes  or  scrip  t(^  an  amount  not  exceeding  twenty-five  thou- 
sand dollars.  Such  bonds,  notes  or  scrip  shall  bear  on 
their  face  the  words,  Biandford  Fire  District  Loan ;  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  live  per  cent  per 
annum ;  and  shall  be  signed  by  the  treasurer  of  the  dis- 
trict and  countersigned  by  the  chairman  of  the  water  com- 
missioners hereinafter  provided  for.  Said  district  may 
sell  such  securities  at  public  or  private  sale,  or  pledge  the 
same  for  money  borrowed  for  the  purposes  of  this  act, 
upon  such  terms  and  conditions  as  it  may  deem  proper: 
provided,  that   such   securities   shall  not  be  sold   for  less  proviso. 


244 


Acts,  1908.  — Chap.  288. 


Payment  of 
loan. 


Assessment  of 
taxes. 


Proviso. 


First  meet  ing. 


than  the  par  vahie  thereof.  The  town  of  Ehnuiford  may, 
at  its  annual  town  meeting  or  at  a  legal  meeting  called  for 
the  j)iirpos(^,  guarantee  the  payment  of  such  bonds,  notes 
or  scri}). 

Section  G.  Said  district  shall,  at  the  time  of  author- 
izing said  loan,  provide  for  the  payment  thereof  in  such 
annual  proportionate  i)ayinents,  beginning  not  more  than 
five  years  after  the  first  issue  of  such  bonds,  notes  or  scri]), 
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  income  derived  from  water  rates,  will 
be  sufficient  to  pay  the  annual  expense  of  operating  its 
Avater  works  and  the  interest  as  it  accrues  on  the  bonds, 
notes  or  scrip  issued  as  aforesaid  by  said  district,  and  to 
make  such  payments  on  the  principal  as  may  be  required 
under  the  provisions  of  this  act,  shall  without  further  vote 
be  raised  annually  by  taxation  in  the  manner  hereinafter 
provitled. 

Sectio:v  7.  Whenever  a  tax  is  duly  voted  by  said  dis- 
trict for  the  purposes  of  this  act,  the  clerk  shall  send  a 
certified  copy  of  the  vote  to  the  assessors  of  the  town  of 
Blandford,  who  shall  j)roceed  within  thirty  days  thereafter 
to  assess  the  same  in  the  same  manner  in  which  town  taxes 
are  required  by  law  to  be  assessed.  The  assessment  shall 
be  committed  to  the  town  collector,  who  shall  collect  said 
tax  in  the  manner  provided  by  law  for  the  collection  of 
town  taxes,  and  shall  deposit  the  proceeds  thereof  with 
the  district  treasurer  for  the  use  and  benefit  of  said  dis- 
trict. Said  district  may  collect  overdue  interest  on  taxes 
in  the  manner  in  which  interest  is  authorized  to  be  collected 
on  town  taxes :  pi-ovided,  that  said  district  at  the  time  of 
voting  to  raise  the  tax  shall  so  determine  and  shall  also 
fix  a  time  for  payment  thereof. 

Sectiox  8.  The  fii-st  meeting  of  said  district  shall  be 
called  on  ]:)etiti(»ii  of  ten  or  more  legal  voters  therein,  by  a 
warrant  from  the  selectmen  of  the  town  of  Blandford,  or 
from  a  justice  of  the  peace,  directed  to  one  of  the  peti- 
tioners, requiring  him  to  give  notice  of  the  meeting  by 
posting  copies  of  said  warrant  in  two  or  more  ]mblic  places 
in  said  district  seven  days  at  least  befoi-e  the  time  of  the 
meeting.  One  of  the  petitioners  shall  jn-eside  at  the  meet- 
ing until  a  clerk  is  chosen  and  sworn,  and  the  clerk  shall 
preside  until  a  moderator  is  chosen.     After  the  choice  of 


Acts,  1908.  — Chap.  283.  245 

a  moderator  for  said  meeting  the  question  of  the  accept- 
ance of  this  act  shall  he  submitted  to  the  voters,  and  if  it 
shall  be  accepted  by  a  majority  vote  of  the  voters  present 
and  voting  thereon  it  shall  take  effect,  and  the  meeting 
may  then  proceed  to  act  on  the  other  articles  contained  in 
the  warrant. 

Section  9.  The  Blandford  Fire  District  shall,  after  Board  of  water 
the  acceptance  of  this  act  as  aforesaid,  elect  by  ballot  three  election,  term,' 
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 
district  meeting,  to  constitute  a  board  of  water  commis- 
sioners ;  and  at  every  annual  meeting  thereafter  one  such 
commissioner  shall  be  elected  by  ballot  for  the  term  of 
three  years.  All  the  authority  granted  to  said  district  by 
this  act  and  not  otherwise  specifically  provided  for  shall 
be  vested  in  said  board  of  water  commissioners,  who  shall 
be  subject  however  to  such  instructions,  rules  and  regula- 
tions as  the  district  may  impose  by  its  vote.  Said  commis-  Treasurer, 
sioners  shall  appoint  a  treasurer  of  said  district,  who  may 
be  one  of  their  number,  who  shall  give  bonds  to  the  dis- 
trict to  such  an  amount  and  with  such  sureties  as  may  be 
approved  by  the  commissioners.  A  majority  of  the  com- 
missioners shall  constitute  a  quorum  for  the  transaction 
of  business.  Any  vacancy  occurring  in  said  board  from  Filling  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.  ISTo  money  shall  be  drawn  from  the  dis- 
trict treasury  on  account  of  the  water  works  except  by  a 
written  order  of  said  commissioners  or  a  majority  of  them. 

Section  10.  Said  commissioners  shall  fix  just  and  ^,f^"  '"^*®^' 
equitable  prices  and  rates  for  the  use  of  water,  and  shall 
prescribe  the  time  and  manner  of  payment.  The  income 
of  the  water  works  shall  be  applied  to  defraying  all  operat- 
ing expenses,  interest  charges  and  payments  on  princi])al 
as  they  accrue  u|X)n  any  Iwmds,  notes  or  scrip  issued  under 
authority  of  this  act.  If  there  should  be  a  net  surplus 
remaining  after  providing  for  the  aforesaid  charges,  it 
shall  be  used  for  such  new  construction  as  the  water 
commissioners  may  determine  upon,  and  in  case  a  sur- 
plus should  remain  after  payment  for  such  new  construc- 
tion the  water  rates  shall  be  reduced  proportionately.  No  New  construe- 
money  shall  be  expended  in  new  construction  by  the  water    '°"'  ^ 


vacancies. 


246 


Acts,  1908.  — Chap.  284. 


May  adopt 
by-laws,  etc. 


Penalty  for 
corruption, 
etc.,  of  water. 


When  to  take 
effect. 


cominissioners  excojit  from  the  net  surplus  aforesaid,  un- 
less the  district  appropriates  and  provides  money  there- 
for. Said  connnissioners  shall  annually,  and  as  often  as 
the  district  may  require,  render  a  re]iort  upon  the  condi- 
tion of  the  works  under  their  charg-o  and  an  account  of 
their  doings,  including  an  account  of  receipts  and  expendi- 
tures. 

Section  11.  Said  district  ma}'  adopt  by-laws  prescrib- 
ing by  whom  and  how  meetings  may  be  called  and  noti- 
fied ;  and,  ujx)n  the  application  of  ten  or  more  legal  voters 
in  the  district,  meetings  may  also  be  called  by  warrant  as 
provided  in  section  eight.  Said  district  may  also  choose 
such  other  officers  not  provided  for  in  this  act  as  it  may 
deem  necessary  or  proper. 

Sectio^st  12.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  water  obtained  or  supplied  under 
this  act,  or  wilfully  or  wantonly  injures  any  reservoir, 
standpipe,  aqueduct,  pipe  or  other  property  owned  or  used 
by  said  district  for  the  purposes  of  this  act,  shall  forfeit 
and  pay  to  the  district  three  times  the  amount  of  dam- 
ages assessed  therefor,  to  be  recovered  in  an  action  of  tort, 
and  u])on  conviction  of  any  of  the  above  acts  shall  be  i)un- 
islied  by  a  fine  not  exceeding  one  hundred  dollars  or  by 
imprisonment  in  jail  for  a  term  not  exceeding  six  months. 

Section  13.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  majority  vote  of  the  voters  of  said  district 
present  and  voting  thereon  at  a  district  meeting  called  in 
accordance  with  the  provisions  of  section  eight,  within 
three  years  after  the  passage  of  this  act ;  but  it  shall  be- 
come void  unless  the  said  district  shall  begin  to  distribute 
water  to  consumers  within  three  years  after  the  date  of 
the  acceptance  of  this  act  as  aforesaid. 

Approved  March  25,  WOS. 


(Jhcip.2iS4:  ^^    Act    to    provide    for    the    i'rotectiox    of    gray 

SQUIRRELS. 

Be  it  enacted,  etc.,  as  foUuirs: 

Section  1.  It  shall  be  unlawful  before  the  first  day 
of  October  in  the  year  nineteen  hundred  and  ten  to  hunt, 
take  or  kill  a  gray  squirrel,  or  to  sell,  or  to  offer  for  sale, 
or  to  have  in  possession  for  the  purpose  of  sale,  a  gray 
squirrel  taken  or  killed  in  Massachusetts. 


Protection  of 
gray  squirrels 


Acts,  1908.  — Chaps.  285,  286.  247 

Section  2.     This  act  shall  not  apply  to  the  owner  or  Not  to  apply 

f,  1        IT  1  i.T  1      -1  T  1        in  certain  cases. 

occupant  of  any  dwelling  house  or  other  buiklmg,  who 
shall  find  any  gray  squirrel  or  squirrels  doing  damage  to 
the  same. 

Section    3.      x\ll   acts   and   parts   of   acts   inconsistent  Repeal, 
herewith  are  hereby  repealed. 

Section  4.     Whoever  violates  any  provision  of  this  act  Penalty, 
shall  forfeit  ten  dollars  for  each  offence. 

Approved  March  25,  190S. 

An  Act  relative  to  janitors  of  public  sciiooliiouses  (JJki^j  285 
in  the  city  of  iiaverkill. 

Be  it  cjiaded,  etc.,  as  folloivs: 

Section  1.     Hereafter  the  school  committee  of  the  city  Appointment, 
of  Ilaverhill  shall  have  full  and  exclusive  authority  to  ap-  of ''public^"'  ""^^ 
point  and  remove  the  janitors  of  the  public  schoolhouses  schooihouses. 
of  the  city  and  to  direct  them  in  the  discharge  of  their 
duties,  and  such  janitors  shall  be  under  the  control  of  said 
committee. 

Section  2.     So  much  of  any  act  or  of  any  ordinance  Repeal,  etc. 
of   the   city   of   Haverhill   as    is   inconsistent   herewith   is 
hereby  repealed  or  annulled. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1908. 

An  Act  relative  to  the  release  of  certain  minors  (JJin^^  286 
after  arrest. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Anv  child  between  the  ages  of  seven  and  Release  of  cer- 

.         .         ',  1         •   1  •   1  t**"^  minors 

seventeen  who  has  been  arrested  with  or  without  a  war-  after  arrest. 
rant  may,  unless  the  justice  or  magistrate  of  the  court 
issuing  the  warrant  has  otherwise  directed  in  the  warrant, 
be  released  by  the  officer  to  whom  the  warrant  is  delivered, 
upon  the  written  promise  of  the  parent,  guardian  or  any 
other  reputable  person,  to  be  responsible  for  the  appear- 
ance of  said  child  in  court  at  the  time  and  place  when  the 
child  is  to  appear,  and  at  any  other  time  to  which  the  hear- 
ing in  the  case  may  be  continued  or  adjourned  by  the 
court. 

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

Approved  March  25,  1908. 


248 


Acts,  1908.  — Chaps.  287,  288. 


Certain  debts 
excluded  in  ile- 
termining  the 
statutory   debt 
limit 


Chap.287  Ax  Act  relative  to  the  sewer  indebtedness  of  the 

TOWN   OF  ATHOE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Debts  heretofore  or  hereafter  incurred  by 
the  town  of  Athol  for  the  construction  of  its  sewers  and 
system  of  sewerage  shall  be  excluded  in  ascertaining  the 
amount  of  indebtedness  of  the  town  for  the  purposes  of 
chapter  twenty-seven  of  the  Revised  Laws  and  acts  in 
amendment  thereof  and  in  addition  thereto. 

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

Approved  March  25,  1908. 

Chap.2SS  An  Act  relative  to  the  prosecution  in  the  superior 

COURT  OF   CLAi:\IS  AGAINST  THE   COMMONWEALTH. 


R.  I. 
etc., 


.  201,  §  2, 
amended. 


Proceedings  in 
certain  cases. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  two  hundred  and 
one  of  the  Revised  Laws,  as  amended  by  section  two  of 
chapter  three  hundred  and  seventy  of  the  acts  of  the  year 
nineteen  hundred  and  five,  is  hereby  further  amended  by 
striking  out  tlie  word  ''  two  ",  in  the  fifth  line,  and  insert- 
ing in  place  thereof  the  word :  —  ten,  —  so  as  to  read  as 
follows:  —  Section-  2.  The  provisions  of  law  i-elative  to 
tender,  offer  of  judgment,  set-off  and  recoupment  shall 
apply  to  such  petition,  and  the  case  shall  be  tried  by  the 
court  without  a  jury  and,  if  the  amount  claimed  is  more 
than  ten  thousand  dollars,  by  three  justices  of  said  court. 
All  hearings  shall  be  in  open  court  and  questions  of  law 
may  be  taken  to  the  supreme  judicial  court  as  in  other 
cases.  If  the  amount  claimed  is  more  than  two  thousand 
dollars  the  action  or  petition  shall  be  brought  in  the  county 
of  Suffolk;  but  if  the  amount  claimed  is  two  thousand 
dollars  or  less  the  action  or  petition  may  be  brought  in  the 
county  of  Suffolk  or  in  the  county  in  which  the  plaintiff 
or  petitioner  resides.  If  the  action  or  petition  is  to  recover 
damages  for  injuries  sustained  while  travelling  on  a  state 
highway,  it  may  be  brought  in  the  county  of  Suffolk  or  in 
the  county  in  which  the  plaintiff  or  petitioner  resides,  or 
in  the  county  in  which  the  injuries  were  sustained. 

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

Approved  March  25,  1008. 


Acts,  1908.  — Chaps.  289,  290,  291.     .  249 


Aisr  Act  eelative  to  the  appointment  of  women  as  (JJiai)  289 

ASSISTANT    CLERKS    OF    CERTAIN    COURTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eleven  of  chapter  one  hundred  and  am^nde^d.'^^  ^^' 
sixty  of  the  Eevised  Laws  is  hereby  amended  by  adding 
at  the  end  thereof  the  following :  —  Any  assistant  clerk  so 
aj)pointed  may  be  a  woman,  —  so  as  to  read  as  follows : 
—  Section  11.     The  clerk  of  a  police,  district  or  mnnic-  Appointment 
ipal  court  may,  subject  to  the  approval  of  the  justice,  from  °  '*'''''''  ^'^  ^' 
time  to  time   appoint  one  or  more   assistant  clerks,   who 
shall  be  removal )le  at  his  pleasure  or  at  the  pleasure  of 
the  court,  for  whose  official  acts  the  clerk  shall  be  respon- 
sible and   who  shall  be  paid  by  him  unless  they  receive 
salaries  which  may  be  allowed  and   fixed  by  law.      Any 
assistant  clerk  so  appointed  may  be  a  woman. 

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

Approved  March  25,  1908. 

An  Act  relative  to  the  appropriation  of  money  by  (JJ^i^j  290 

TOWNS   for   band   CONCERTS. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.      Section  one  of  chapter  one  hundred   and  i904,  152,  §  1, 

i2J?  X'       1  CI  •  Till     '^"lended. 

ntty-two  of  tlie  acts  of  the  year  nineteen  hundred  and 
four  is  hereby  amended  by  striking  out  the  words  ''  its 
annual  ",  in  the  first  line,  and  inserting  in  place  thereof 
the  words :  —  any  town,  —  and  by  striking  out  the  words 
''  or  at  any  special  meeting  called  for  the  purpose  during 
the  year  nineteen  hundred  and  four  ",  in  the  first,  second 
and  third   lines,    so   as   to   read   as   follows: — Section    1.  Towns  may 

,  '  .  .  appropriate 

Anv  town  mav  at  anv  town  meeting  appropriate  a  sum  money  for 

*^  .'  "^  oiXi  public  cgIg" 

not  exceeding  five  hundred  dollars  to  be  expended  in  pay-  brations. 
ing  for  public  band  concerts,  or  for  music  furnished  for 
public  celebrations. 

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

Approved  Alarch  25,  1908^. 


Chap.2^1 


An  Act  to  authorize  the  town  of  medway  to  supply 
itself  and  its  inhabitants  with  water. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.      The  town  of  ^Medway  may  supply  itself  Town  of  Med- 
and  its  inhabitants  with  wat(>r  for  the  extinguishment  of  piy^it™eit  with 

water,  etc. 


250  Acts,  1908.  — Chap.  291. 

lires  and  for  (loiiiestie,  nianufacturing'  and  other  purposes; 
may  establish  fonntains  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. 
amfifoM  water  Section  2.  Said  towu,  for  the  purposes  aforesaid,  may 
rights,  etc.  take,  or  acquire  by  purchase  or  otherwise,  and  hold,  the 
waters  of  any  pond  or  stream  or  of  any  ground  sources  of 
su])ply,  by  means  of  driven,  artesian  or  other  wells  within 
the  limits  of  the  town,  or  within  that  ])art  of  the  town  of 
Franklin  within  one  mile  of  Charles  river,  and  the  water 
rights  connected  with  any  such  water  sources,  and  may 
also  take,  or  acquire  by  purchase  or  otherwise,  and  hold, 
all  lands,  rights  of  way  and  easements  necessary  for  col- 
lecting, storing,  holding,  purifying  and  preserving  the 
purity  of  the  water,  and  for  conveying  the  same  to  any 
Proviso.  part  of  said  town:  lyrovided,  lioiuever,  that  no  source  of 

water  su}>ply  and  no  lands  necessary  for  preserving  the 
quality  of  such  water,  shall  be  taken  or  used  without  first 
obtaining  the  advice  and  approval  of  the  state  board  of 
health,  and  that  the  location  of  all  dams,  reservoirs  and 
wells  to  be  used  as  sources  of  water  supply  under  this  act 
May  construct  sluill  bc  subjcct  to  the  approval  of  said  board.  Said  town 
voira.'eTc.^"^  niay  construct  on  the  lands  acquired  and  held  under  the 
provisions  of  this  act  proper  dams,  reservoirs,  standpipes, 
tanks,  buildings,  fixtures  and  other  structures,  and  may 
make  excavations,  procure  and  operate  machinery  and  pro- 
vide such  other  means  and  appliances  and  do  such  other 
things  as  may  be  necessary  for  the  establishment  and 
maintenance  of  complete  and  effective  water  works ;  and 
for  that  jMirpose  may  construct  wells  and  reservoirs  and  es- 
tablish pumping  works  and  may  construct,  lay  and  main- 
tain aqueducts,  conduits,  pipes  and  other  works  under  or 
over  any  land,  water  courses,  railroads,  railways  and  pub- 
lic or  other  ways,  and  along  such  ways  in  the  town  of 
Medway,  in  sudi  manner  as  not  unnecessarily  to  obstruct 
the  same;  and  for  the  purpose  of  constructing,  laying, 
maintaining,  operating  and  repairing  such  conduits,  pipes 
and  other  works,  and  for  all  pro])er  ])nrposes  of  this  act, 
said  town  may  dig  up  or  raise  and  end)ank  any  such  lands, 
highways  or  other  ways  in  such  manner  as  to  cause  the 
least  hindrance  to  public  travel  on  such  ways.  Said  town 
shall  not  enter  upon,  construct  or  lay  any  conduits,  pipes 
or  other  works  within  the  location  of  any  railroad  corpora- 


Acts,  1908.  — Chap.  291.  251 

tion,  except  at  such  time  and  in  such  manner  as  it  may 
ao-ree  upon  with  such  corporation,  or,  in  case  of  failure  so 
to  agree,  as  may  be  approved  by  the  board  of  raih'oad 
commissioners. 

Section  3.  Said  town  shall,  within  ninety  days  after  |^^»jy"'P,\'°"  °^ 
the  taking  of  any  lands,  rights  of  way,  water  rights,  water  t^^^^fjt^  i^e 
sources  or  easements  as  aforesaid,  otherwise  than  by  pur- 
chase, file  and  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  county  and  district  within  which  such  land 
or  other  property  is  situated,  a  description  thereof  suffi- 
ciently accurate  for  identification,  with  a  statement  of  the 
purpose  for  which  the  same  were  taken,  signed  l)y  the 
water  commissioners  hereinafter  provided  for.  The  title 
to  all  land  taken,  purchased  or  acquired  in  any  w^ay  under 
the  provisions  of  this  act  shall  vest  in  the  town  of  ]\Ied- 
way,  and  the  land  so  taken  may  be  managed,  improved 
and  controlled  by  the  board  of  water  commissioners  hove- 
inafter  provided  for,  in  such  manner  as  they  shall  deem 
for  the  best  interest  of  said  town. 

Section  4.  Said  town  shall  ])ay  all  damages  to  prop-  Damages, 
erty  sustained  by  any  person  or  corporation  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water  right 
or  easement,  or  by  anything  done  by  said  town  under  au- 
thority of  this  act.  Any  person  or  corporation  sustaining 
damages  as  aforesaid,  who  fails  to  agree  with  said  town 
as  to  the  amount  thereof,  may  have  the  same  determined 
in  the  manner  provided  by  law  in  the  case  of  land  taken 
for  the  laying  out  of  highways,  on  application  at  any  time 
within  the  period  of  two  years  after  the  taking  of  such 
laud  or  other  j^roperty  or  the  doing  of  other  injury  under 
authority  of  this  act ;  but  no  such  application  shall  be 
made  after  the  expiration  of  the  said  two  years,  and  no 
application  for  assessment  of  damages  shall  be  made  for 
the  taking  of  any  water,  water  right,  or  for  any  injury 
thereto,  until  the  water  is  actually  withdrawn  or  diverted 
by  said  town  under  authority  of  this  act.  Said  town  may 
by  vote,  from  time  to  time,  determine  what  amount  or 
quantity  of  water  it  proposes  to  take  and  appropriate 
under  this  act ;  in  which  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  town  shall  be  further  liable  only  for  the 
additional  damages  caused  by  such  additional  taking. 


252 


Acts,  1908.  — Chap.  291. 


Proviso. 


Payment  of 
loan. 


Town^of^Med-        Section  5.     Said  town,  for  the  purpose  of  paying  the 
Loan.  neoessarj  expenses  and  liabilities  incurred  under  the  pro- 

visions of  this  act,  may  issue  from  time  to  time  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  one  hundred 
and  twenty-five  thousand  dollars.  Such  bonds,  notes  or 
scrip  shall  bear  on  their  face  the  words,  Town  of  Mod- 
way  Water  Loan;  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  five  per  cent  per  annum ;  and  shall  be  signed 
by  the  treasurer  of  the  town  and  countersigned  by  the 
water  commissioners  hereinafter  provided  for.  Said  town 
may  sell  such  securities  at  public  or  private  sale,  or  pledge 
the  same  for  money  borrowed  for  the  pur])oses  of  this  act, 
upon  such  terms  and  conditions  as  it  may  deem  proper: 
j)iunded,  that  such  securities  shall  not  be  sold  for  less 
than  the  par  value  thereof. 

Section  0.  Said  town  shall  at  the  time  of  authorizing 
said  loan  provide  for  the  ])ayment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  five 
years  after  the  first  issue  of  such  bonds,  notes  or  scrij),  as 
will  extinguish  the  same  within  the  time  prescribed  by 
this  act ;  and  when  a  vote  to  that  eflPect  has  been  passed  a 
sum  which,  with  the  income  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  or  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  town  in  each  year 
thereafter,  in  the  same  manner  in  which  other  taxes  are 
assessed,  until  the  d(^bt  incurred  by  said  loan  is  extin- 
guished. 

Section  T.  Whoever  wilfully  or  wantonly  corrupts, 
etc.,  of  water,  pollutes  or  divcrts  any  water  taken  or  held  under  this  act, 
or  injures  any  structure,  work  or  other  property  owned, 
held  or  used  by  said  town  under  authority  of  this  act, 
shall  forfeit  and  pay  to  the  said  town  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  iall  for  a  term  not  exceeding  one  vear. 


Penalty  for 
corruption, 


Acts,  1908.  — Chap.  21)1.  253 

Section  S.  Said  town  sliall,  after  its  acceptance  of  nli^sfo'neTsr 
this  act,  at  a  legal  meeting  called  for  the  purpose,  elect  by  election,  terms. 
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  succeed- 
ing annual  toAvn  meeting,  to  constitute  a  board  of  water 
conmiissioners ;  and  at  each  annual  town  meeting  there- 
after one  such  commissioner  shall  be  elected  by  ballot  for 
the  term  of  three  years.  All  the  authority  granted  to  the 
said  toAvn  by  this  act  and  not  otherwise  specifically  pro- 
vided for  shall  be  vested  in  said  water  commissioners,  who 
shall  be  subject  however  to  such  instructions,  rules  and 
regulations  as  said  town  may  impose  by  its  vote.  A  ma- 
jority of  said  commissioners  shall  constitute  a  quorum  foi- 
the   transaction   of  business.      Anv   vacancv   occurring   in  Filling  of 

,     "^    .11     1     .     ^     ,  .      ,         vacancy. 

said  board  from  any  cau^^e  may  be  hiled  for  the  remainder 
of  the  unexpired  term  by  said  town  at  any  legal  town 
meeting  called  for  the  purpose.  Any  such  vacancy  may 
be  filled  temporarily  by  a  majority  vote  of  the  selectmen, 
and  the  person  so  appointed  shall  hold  ofiice  until  the  town 
fills  the  vacancy  in  the  manner  herein  provi^led  for. 

Sectio:^^  9.  Said  commissioners  shall  fix  just  and  cqui-  gtJ!*''"''**'"' 
table  prices  and  rates  for  the  use  of  water,  and  shall  pre- 
scribe the  time  and  mamier  of  payment.  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,  notes  or  scrip  issued  under 
authoritv  of  this  act.      If  there  should  be  a  net  surplus  Newconstmc- 

"^  f  1  >  •  1        1  tion. 

remaining  after  providing  for  the  aforesaid  charges,  it 
shall  be  used  for  such  new  construction  as  the  water  com- 
missioners may  determine  upon,  and  in  case  a  surplus 
should  remain  after  payment  for  such  new  construction, 
the  water  rates  shall  be  reduced  proportionately.  ISTo 
money  shall  be  expended  in  new  construction  by  the  water 
commissioners  except  from  the  net  surplus  aforesaid,  un- 
less tlie  town  appropriates  and  provides  money  therefor. 
Said  commissioners  shall  annually,  and  as  often  as  the 
town  may  require,  render  a  report  upon  the  condition  of 
the  works  under  their  charge,  and  an  account  of  their 
doings,  including  an  account  of  receipts  and  expenditures. 

Sectiox  10.     This  act  shall  take  effect  upon  its  accept-  ggec"*"*^*'^^ 
ance  by  a  majority  vote  of  the  legal  voters  of  the  town  of 
Medway  present   and  voting  thereon   at   a  legal  meeting 


254 


Acts,  1908.  — Chai-.  292. 


piilled  for  tlie  purpose  within  three  years  after  its  passage; 
but  the  number  of  meetings  so  called  in  any  one  year  shall 
not  exceed  three;  and  for  the  purpose  of  being  submitted 
to  the  voters  as  aforesaid  this  act  shall  take  effect  u])on  its 
passage.  Approved  March  25,  lOOS. 


Chftp.^^^  ^^^   Act  to  enlarge  the  power  of  the  mayor  oe  the 

CITY  OF  BOSTON  AS  TO  ArrUOVKIATIONS. 


Enlarging  the 
powers  of  the 
mayor  of  the 
city  of  Boston 
as  to  appro- 
priations. 


Certain  pro- 
visions of  law 
to  apply. 


Repeal. 


Be  it  enacted,  etc.,  as  folloies: 

Section  1.  When  an  ordinance,  order,  resolution,  or 
vote  described  in  sections  nine  and  ten  of  chapter  tv%^o 
hundred  and  sixty-six  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-five,  or  any  act  in  addition  thereto  or  in 
amendment  thereof,  is  presented  to  the  mayor  of  the  city 
of  Boston  for  liis  approval,  he  may,  in  addition  to  the 
rights  now  conferred  upon  him  by  law,  reduce  any  item 
or  sum  included  in  such  ordinance,  order,  resolution,  or 
vote  to  such  amount  as  he  may  deem  just  and  reasonable, 
and  such  action  shall  be  deemed  to  be  a  disapproval  of  the 
item  or  sum  to  the  amount  of  said  reduction  and  an  a|> 
proval  of  the  remainder  thereof,  and  thereupon  the  same 
proceedings  as  to  the  item  thus  reduced  shall  be  had  by 
the  mayor  and  the  body  affected  as  are  provided  by  law 
for  other  cases  of  disapproval.  The  item  or  sum  as  re- 
duced shall  be  in  force,  and  sliall  not  be  increased  unless 
passed  over  the  mayor's  objections  in  the  manner  provided 
in  section  forty-seven  of  chapter  four  hundred  and  forty- 
eight  of  the  acts  of  the  year  eighteen  hundred  and  fifty- 
four. 

Section  2.  The  provisions  of  the  preceding  section 
and  of  sections  nine  and  ten  of  said  chapter  two  hundred 
and  sixty-six,  and  of  any  acts  in  addition  thereto  or  in 
amendment  thereof,  shall  apply  to  all  orders,  resolutions, 
or  votes  of  the  board  of  aldermen  of  the  city  of  Boston 
acting  as  county  commissioners. 

Section  3.  All  acts  and  parts  of  acts,  so  far  as  the 
same  are  inconsistent  herewith,  are  hereby  repealed. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1908. 


Acts,  1908.  — Chaps.  293,  294.  255 


An  Act  to  incorporate  the  Italian  American  savings  (JJiap.2Q3 

BANK  OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.      Frank  Lcveroui,   Andrew  A.   Badaracco,  The  Italian 
Emanuel  P.    Scigliano,   Francesco   Luciano,   Giovanni   B.  s-Ivhigl^Bank 
Aicardi,  James  T.  Leveroni,  Franlc  Keezer,  Edward  M.  °ncoJ^orated. 
Shanley  and  Henry  C.  Attwill,  their  associates  and  suc- 
cessors, are  hereby  made  a  corporation  by  the  name  of  the 
Italian  American  Savings  Bank  of  Boston,  with  authority 
to  establish  and  maintain  a  savings  bank  in  the  city  of 
Boston ;  with  all  the   powers  and   privileges,   and  subject 
to  all  the  duties,  liabilities  and  restrictions  set  forth  in  all 
general  laws  now  or  hereafter  in  force  relating  to  savings 
banks  and  institutions  for  savings. 

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

Approved  March  25,  1908. 


Chap.294: 


An  Act  relative  to  the  practice  of  dentistry 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  twenty-six  of  chapter  seventy-six  of  R-  e.  76  §  26, 

,     ,     ,  .  .  .  amended. 

the  Revised  Laws  is  hereby  amended  by  inserting  alter 
the  word  ''qualifications",  in  the  sixth  line,  the  words: 
—  and  to  be  of  good  moral  character,  —  so  as  to  read  as 
follows :  —  Section  2G.  Any  person  of  twenty-one  ^^ears  Examination 
of  age  or  over,  upon  payment  of  a  fee  of  twenty  dollars,  fo""  registration, 
which  shall  not  be  returned  to  him,  may  be  examined  by 
said  board  at  a  regular  meeting  with  reference  to  his 
knowledge  and  skill  in  dentistry  and  dental  surgery;  and 
if  his  examination  is  satisfactory  to  said  board  and  he  is 
found  to  possess  the  requisite  qualifications,  and  to  be  of 
good  moral  character,  the  board  shall  issue  a  certificate, 
signed  by  the  chairman  and  secretary,  which  shall  be  prima 
facie  evidence  of  the  right  of  the  holder  to  practise  den- 
tistry in  this  commonwealth.  Such  certificate,  or  a  dupli- 
cate thereof,  shall  be  posted  by  every  practising  dentist  in 
a  conspicuous  place  so  that  it  shall  be  in  plain  view  of  his 
patients,  and  every  person  who  OAvns  or  carries  on  a  dental 
business  shall  exhibit  his  full  name  in  plain  readable  let- 
ters in  each  office  or  room  in  which  such  business  is  trans- 
acted.    An  applicant  who  fails  to  pass  a  satisfactory  ex- 


256  Acts,  1908.  — Ciiap.  294. 

amination  shall  be  entitled  to  one  re-examination  at  any 
fntnre  meeting  of  the  board,  free  of  charge,  but  for  each 
subsequent  examination,  he  shall  pay  five  dollars.  Said 
board  shall  annually,  on  or  before  the  first  day  of  January, 
make  a  report  of  its  })roceedings  to  the  governor.  All  fees 
received  by  the  board  shall  be  ])aid  monthly  by  its  secre- 
tary into  the  treasury  of  the  connnonwealth. 
R.  L.  76,  §28,        Section  2.     Section  twentv-eiffht  of  said  chapter  sev- 

etc,  amended.  .  "^  -i  i        i  i       •    i 

enty-six,  as  amended  by  chapter  two  hundred  and  eighty- 
nine  of  the  acts  of  the  year  nineteen  hundred  and  five,  is 
hereby  further  amended  by  adding  thereto  the  V70rds :  — 
Any  person  owning  or  carrying  on  a  dental  business  who 
shall  by  the  w^ord  or  letters  Dentist,  D.  D.  S.,  or  other 
words,  letters  or  title  in  connection  with  his  name,  or  who 
shall  advertise  by  sign,  card,  circular,  pamphlet,  news- 
paper, or  otherwise  indicate  thatlie,  by  contract  with  others, 
or  by  himself,  his  servants  or  agents  will  perform  any 
operation  on  or  make  examination  of,  with  the  intent  of 
performing  or  causing  to  be  performed,  any  operation  on 
the  human  teeth  or  jaws,  shall  be  deemed  to  be  practising 
dentistry  within  the  meaning  of  this  act,  and  unless  duly 
authorized  thereto,  shall  be  liable  to  said  fine  and  penalty; 
and  in  case  of  a  corporation,  the  ofiicers  and  manager  of 
such  corporation  shall  be  liable  to  said  fine  and  penalty. 
Penalty  for  —  SO  as  to  read  as  follows :  —  Section  28.  Whoever  falsely 
as^a^dendst!"^  claims  or  prctcnds  to  have  or  hold  a  certificate  granted  by 
^*'^'  said  board,  or  falsely  and  with  intent  to  deceive  claims  or 

pretends  to  be  a  graduate  from  any  incorporated  dental 
college,  or  who  performs  any  operation  on,  or  makes  ex- 
amination of,  with  the  intent  of  performing  or  'causing  to 
be  performed  any  operation  on,  the  human  teeth  or  jaws, 
wnthout  obtaining  a  certificate  as  required  by  law,  and  any 
person  or  corporation  owning  or  carrying  on  a  dental  busi- 
ness, and  in  said  business  employing  or  permitting  any 
person  to  perform  an  operation,  or  to  make  an  examina- 
tion as  aforesaid,  unless  such  ])erson  first  obtains  and  holds 
a  certificate  therefor  as  required  by  law,  or  having  such 
certificate  fails  to  post  the  same  as  requirccl  by  section 
twenty-six,  and  Avhoever  owns  or  carries  on  a  dental  busi- 
ness and  fails  to  exhibit  his  name  as  required  by  section 
twenty-six,  shall,  for  each  ofi'ence,  be  punished  by  a  fine 
of  not  less  than  fifty  nor  more  than  one  hundred  dollars 
or  by  imprisonment  for  three  months,  and,  in  case  of  a 


Acts,  1908.  — Chaps.  295,  296.  257 

corporation,  the  officers  or  manager  of  such  corporation 
shall  also  be  liable  to  said  fine  and  penalty.  Any  person 
owning  or  carrying  on  a  dental  business  who  shall  by  the 
word  or  letters  Dentist,  D.  D.  S.,  or  other  words,  letters 
or  title  in  connection  with  his  name,  or  who  shall  adver- 
tise by  sign,  card,  circular,  pamphlet,  newspaper,  or  other- 
wise indicate  that  he,  by  contract  with  others,  or  by  him- 
self, his  servants  or  agents,  will  perform  any  operation  on 
or  nuike  examination  of,  with  the  intent  of  performing  or 
causing  to  be  performed,  any  operation  on  the  human  teeth 
or  jaws,  shall  be  deemed  to  be  practising  dentistry  within 
the  meaning  of  this  act,  and  unless  duly  authorized  thereto, 
shall  be  liable  to  said  fine  and  penalty;  and  in  case  of  a 
corporation,  the  officers  and  manager  of  such  corporation 
shall  be  liable  to  said  fine  and  penalty. 

Approved  Marcli  25,  lOOS. 


C7iap:29D 


trustees. 


A^T  Act  to  provide  for  the  giving  of  boxds  by  trus- 
tees APPOIXTED  TO  HOLD  PROPERTY  FOR  PUBLIC  CHAR- 
ITABLE  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  provisions  of  chapter  one  hundred  and  bonds^of°" 
forty-nine  of  the  Revised  Laws,  relating  to  the  giving  of 
a  bond  by  a  trustee  under  a  will  or  appointed  by  the  pro- 
bate court,  shall  apply  to  a  trustee  appointed  under  the 
terms  of  a  will,  who  holds  property  for  public  charitable 
purposes ;  but  the  probate  court  max,  in  its  discretion,  ex- 
empt such  trustee  from  giving  a  surety  or  sureties  on  his 
bond. 

Section  2.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  March  25,  190S. 


Chap.^m 


An  Act  relative  to  shade  trees. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  six  of  chapter  fifty-three  of  the  r.  l.  53,  §  6. 
Revised  Laws  is  hereby  amended  by  striking  out  the  words  ^^^^  ^ 
"  selectmen,  road  commissioners  ",  in  the  first  and  second 
lines,  and  the  words  "  or  towm  ",  in  the  second  line,  and 
the  word  "  and  ",  in  the  fourth  line,  and  by  striking  out 
the  words  "  such  license  ",  in  the  fifth  line-,  and  inserting 
in  place  thereof  the  words:  —  the  authority  hereby  given, 


258 


Acts,  1908.  — Chap.  296. 


R.L.  53,  §  12, 
amended. 


Planting  of  —  SO  as  to  read  as  follows :  —  Section  0.  The  mayor  and 
pubifc  ways.""^  aldermen,  or  any  city  officer  having  the  care  of  the  pub- 
lic ways  may  authorize  the  planting-  of  .shade  trees  therein, 
if  it  will  not  interfere  with  the  pnhlic  travel  or  with  pri- 
vate rights.  Shade  trees  standing,  and  trees  planted,  pur- 
suant to  the  authority  hereby  given,  shall  be  the  property 
of  the  person  planting  them,  or  upon  whose  premises  they 
are,  and  shall  not  be  deemed  a  nuisance ;  but  upon  com- 
plaint to  the  mayor  and  aldermen,  subject  to  the  provi- 
sions of  sections  seven  to  eleven,  inclusive,  such  trees  may 
be  removed  by  them  at  the  expense  of  the  o"svner  thereof, 
if  public  necessity  requires, 

Sectiox  2.  Section  tw'elve  of  said  chapter  fifty-three 
is  hereby  amended  by  inserting  after  the  word  '"  trees  ", 
in  the  ninth  line,  the  words :  —  but  no  trees  shall  be 
planted  within  the  limits  of  a  public  way  without  the 
approval  of  the  tree  -warden,  and  until  a  location  therefor 
has  been  obtained  from  the  selectmen,  or  from  the  road 
commissioners  where  authority  has  been  vested  in  them, 
—  by  striking  out  the  word  "  their  ",  in  the  tenth  line, 
and  inserting  in  place  thereof  the  word :  —  the,  —  and  by 
inserting  after  the  word  ''  preservation  ",  in  the  tenth  line, 
the  words :  —  of  public  shade  trees,  —  so  as  to  read  as  fol- 
lows :  —  Section  12.  The  tree  warden  may  appoint  and 
remove  deputy  tree  wardens.  He  and  they  shall  receive 
such  compensation 'as  the  town  determines  or,  in  default 
thereof,  as  the  selectmen  allow.  He  shall  have  the  care 
and  control  of  all  public  shade  trees  in  the  to-v\'n.  except 
those  in  public  parks  or 'open  places  under  the  jurisdic- 
tion of  the  park  commissioners,  and  of  those,  if  so  re- 
quested in  writing  by  the  park  commissioners,  and  shall 
enforce  all  the  provisions  of  law^  for  the  preservation  of 
such  trees.  He  shall  expend  all  money  appro]u-iated  for 
the  setting  out  and  maintenance  of  such  trees,  but  no  trees 
shall  be  i)lanted  Avithin  the  limits  of  a  public  way  without 
the  approval  of  the  tree  -u-arden,  and  until  a  location  there- 
for has  been  obtained  from  the  selectmen,  or  from  the 
road  commissioners  where  authority  has  been  vested  in 
Regulations  for  the  care  and  preservation  of  pub- 
seiectmen.  etcT  \{q  shade  trces  made  by  him,  ajiproved  by  the  selectmen 
and  ])osted  in  two  or  more  public  places,  imposing  fines 
and  forfeitures  of  not  more  than  twenty  dollars  in  any 
one  case,  shall  have  the  force  and  effect  of  to-wn  by-laws. 


Tree  wardens, 
etc. 


Regulations  to  f]-^f>2-i^ 
be  approved  by 


Acts,  1908.  — Chap.  297.  259 

All  shade  trees  within  the  limits  of  a  public  way  shall  be 
public  shade  trees. 

Sections'  3.  Section  thirteen  of  said  chapter  is  hereby  r.  l.  53,  §  13, 
amended  by  striking  out  the  words  "  outside  the  residen-  ^™^^  ^ 
tial  i)art  of  a  town  as  determined  by  the  selectmen  ",  in 
the  first  and  second  lines,  and  by  striking  out  the  words 
'"  Public  shade  trees  within  said  residential  part  shall  not 
be  cut  except  for  trimming  by  the  tree  warden  ",  in  the 
fifth  and  sixth  lines,  so  as  to  read  as  follows :  —  Section  Removal  of 
13.  Public  shade  trees  shall  not  be  cut  or  removed,  in 
whole  or  in  part,  except  by  the  tree  warden  or  his  deputy 
or  by  a  person  holding  a  license  so  to  do  from  the  tree 
warden,  nor  shall  they  be  removed  by  the  tree  warden  or 
his  deputy  or  other  person  without  a  public  hearing  at  a 
suitable  time  and  place,  after  notice  thereof  posted  in  two 
or  more  public  places  in  the  town  and  uj^on  the  tree  and 
after  authority  granted  by  the  tree  warden  therefor.  AVho- 
ever  violates  the  provisions  of  this  section  shall  forfeit  not 
less  than  five  nor  more  than  one  hundred  dollars  to  the  use 
of  the  town. 

Sectiox  4.     Xothing  in  this  act  shall  be  construed  as  Not  to  apply  in 

1     •  .  ^  •    ^    "^  ^  xv  -il   •         j.1        certain  cases. 

applying   to   any   highway   now   or   liereaiter    witliin    the 
jurisdiction  of  the  state  highway  commission. 

SectioiS"  5.     Section  one  hundred  and  three  of  chapter  Repeal, 
two  hundred   and   eight   of  the   Revised   Laws   is   hereby 
repealed. 

Sectiox  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  21  arch  27 _,  190 s'^ 

Ax  Act  relative  to  trees,  shrubs  axd  other  growths  C7iap.297 
ox  state  highways. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.     Chapter  two  hundred  and  seventy-nine  of  ime^nded.'  ^  ^' 
the  acts  of  the  year  nineteen  hundred  and  five  is  hereby 
amended  by  striking  out  the  first  section  and  inserting  in 
place  thereof  the  followine-:  —  Section  1.      The  lii2,hwav  Care.  etc.,  of 

.       .  IT'  1  n^     (■      11    shade  trees  on 

commission  shall  have  the  exclusive  care  and  control  of  all  state  highways, 
trees,  shrubs  and  growths  within  the  limits  of  state  high- 
ways, and  may  trim,  cut  or  remove  such  trees,  shrubs 
and  growths,  or  license  the  trimming,  cutting  or  removal 
thereof.  Xo  such  tree,  shrub  or  other  gro^vth  shall  be 
trimmed,   cut  or  removed  by   any  person,   other  than   an 


260 


Acts,  1908.  — Chap.  298. 


Proviso. 


1905,  279,  § 
amencied. 


agent  or  employee  of  the  commission,  whether  such  per- 
son is  or  is  not  the  owner  of  the  fee  in  the  land  on  which 
snch  tree,  shrub  or  growth  is  situated,  except  upon  a  ])er- 
niit  in  writing  from  said  commission:  provided,  however, 
that  if  the  commission  shall  refuse  to  issue  a  permit  to 
any  such  owner  to  cut  or  remove  any  such  tree,  shrub  or 
other  gro\vth,  the  damages,  if  any,  sustained  by  him  shall 
be  determined  by  said  commission  and  paid  by  the  com- 
monwealth. Any  person  aggrieved  by  the  action  of  the 
commission  as  to  the  trimming,  cutting,  removal  or  reten- 
tion of  any  such  tree,  shrub  or  other  growth,  or  as  to  the 
amount  awarded  to  him  for  the  same  by  the  commission, 
may  have  the  damages,  if  any,  which  he  has  sustained, 
determined  by  the  superior  court  for  the  county  in  which 
the  said  tree,  shrub  or  other  g•ro^^'th  is  or  was  situated, 
upon  a  petition  filed  for  the  purpose,  in  the  same  manner 
as  for  the  taking  of  land  for  ways,  and  his  damages,  so 
determined,  shall  be  paid  by  the  commonwealth. 

Section  2.  Section  three  of  said  chapter  two  hundred 
and  seventy-nine  is  hereby  amended  by  inserting  after  the 
word  "  down  '',  in  the  iirst  line,  the  word:  —  trims,  —  by 
striking  out  the  word  "  shade  ",  in  the  second  line,  by 
inserting  after  the  word  ""  tree  ",  in  the  second  line,  the 
words :  —  shrub  or  growth,  —  and  by  inserting  after  the 
word  "tree",  in  the  third  line,  the  words:  —  shrub  or 
growth,  —  so  as  to  read  as  follows :  —  Section  S.  Who- 
ever without  authority  cuts  down,  trims  or  removes  a  tree, 
shrub  or  growth  within  the  limits  of  a  state  highway,  or 
maliciously  injures,  defaces  or  destroys  any  such  tree, 
shrub  or  growth  shall  forfeit  not  less  than  five  nor  more 
than  one  hundred  dollars  to  the  use  of  the  commonwealth. 

Approved  March  21,  1908. 

Chap.29S  Ax  Act  to  riioiiiBiT  the  taking  of  herring  in  certain 

WATERS   BY    :\rEANS    OF    TOIiCIlES    OR   OTHER   LIGHT. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to  dis- 
play torch(^s  or  other  light  designed  or  used  for  the  pur- 
])o,>i(>  of  taking  herring  in  II nil  ])ay,  Quincy  bay,  Ilingham 
harbor,  or  in  any  waters  sonth(>rly  of  a  line  drawn  from 
Moon  Island  to  Pemberton. 

Section  2.  Whoever  violates  the  provisions  of  this  act 
shall,  for  a  first  offence,  be  punished  by  a  fine  of  not  less 


Penalty  for 
injury,  etc, 
shade  trees. 


The  use  of 
torclii's.  etc., 
proiiil)ited  in 
the  takiiiK  of 
lierrins;  in 
certain  waters. 


Penalty. 


Acts,  1908.  — Chap.  299.  261 

than  fifty  nor  more  than  two  hundred  dollars  or  by  im- 
prisonment for  not  less  than  six  nor  more  than  twelve 
months,  or  by  both  such  fine  and  imprisonment,  and,  for 
a  second  oflence,  by  both  said  fine  and  imprisonment. 

Approved  March  27,  1908. 

An  Act  to  provide  for  the  authoritative  ascertain-  (Jha2).29d 

MENT  OF   MUNICIPAE   LIENS  ON   REAL   ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  three  hundred  and  amJndJd.'  ^^  ^' 
seventy-eight  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  inserting  after  the  word 
"  city  ",  in  the  first  line,  the  words :  —  or  for  any  town 
having  more  than  five  thousand  inhabitants  as  determined 
by  the  last  preceding  national  or  state  census,  —  and  by 
inserting  after  the  word  ''  city  ",  in  the  eighth,  twelfth, 
fourteenth  and  fifteenth  lines,  the  words :  —  or  town,  — 
so  as  to  read  as  ioWows:  — Section  1.  The  collector  of  tln'n^^T 
taxes  for  any  city,  or  for  any  town  having  more  than  five  es"ate,"etr^ 
thousand  inhabitants  as  determined  by  the  last  preceding 
national  or  state  census,  shall,  on  application  in  writing 
by  any  person,  and  within  two  days  thereafter,  furnish  to 
any  such  applicant  a  statement  in  writing  of  all  taxes  and 
other  assessments  which  at  the  time  constitute  liens  on  the 
parcel  of  real  estate  specified  in  such  application  and  are 
payable  on  account  of  such  real  estate.  Such  statements 
shall  be  itemized  and  shall  show  the  amount  or  amounts 
then  payable  to  the  city  or  town  on  account  of  all  such 
taxes  and  assessments  so  far  as  such  amounts  are  fixed 
and  ascertained,  and  if  the  same  are  not  then  ascertain- 
able, it  shall  so  be  expressed  in  the  statement.  Any  offi- 
cer or  board  of  any  city  or  town  doing  any  act  towards 
establishing  any  such  tax,  assessment,  lien  or  charge  upon 
any  real  estate  in  such  city  or  town  shall  transmit  a  notice 
of  such  act  to  the  collector  of  taxes  of  such  city  or  town. 

Section    2.      Section   two   of   said    chapter   is   herebv  ^^o"'  p?-  ^  ^^ 

,//.,,.,         ^     "^     amended. 

amended  by  inserting  after  the  word  city  ,  in  the  first 
and  third  lines,  the  words :  —  or  town,  —  so  as  to  read  as 
follows :  —  Section  2.  City  or  town  collectors  shall  charge  ^"^^"^^1^°!^ 
one  dollar  for  each  statement  issued  under  the  provisions 
of  this  act,  and  the  money  so  received  shall  be  paid  into 
the  city  or  town  treasury.     Approved  March  27,  1908. 


262 


Acts,  1908.  — Chap.  :300. 


1903.  437,  §  47 
amended. 


Report  to  be 
accompanied 
by  auditor's 
sworn  state- 
ment, etc. 


C/utjJ.oOO  Ax  Act  iielati\k  to  auditors  or  certificates  of  con- 
dition  OF   CERTAIN   CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  forty-seven  of  chapter  four  hun- 
dred and  thirty-seven  of  the  acts  of  the  year  nineteen  hun- 
dred and  three  is  hereby  amended  by  inserting  after  the 
word  "  audit ",  in  the  twelfth  line,  the  words :  —  but  no 
bookkeeper,  treasurer  or  other  officer  of  the  corporation 
who  shall  sign  and  execute  the  statement  shall  be  appointed 
as  auditor  within  the  meaning  of  this  act,  —  so  as  to  read 
as  follows :  —  Section  Jf.!.  Such  report  of  a  corporation 
which  has  a  capital  stock  of  one  hundred  thousand  dollars 
or  more  shall  be  accompanied  by  a  written  statement  under 
oath  by  an  auditor  to  be  employed  for  each  ensuing  fiscal 
year  by  a  committee  of  three  stockholders  who  are  not 
directors  which  shall  be  selected  at  each  annual  meeting 
of  the  stockholders,  or,  if  there  are  not  three  stockholders 
other  than  directors  able  and  willing  to  serve  on  such  com- 
mittee, then  to  be  employed  by  the  directors,  stating  that 
such  report  represents  the  true  condition  of  the  affairs  of 
said  corporation  as  disclosed  by  its  books  at  the  time  of 
making  such  audit ;  but  no  bookkeeper,  treasurer  or  other 
officer  of  the  corporation  who  shall  sign  and  execute  the 
statement  shall  be-appointed  as  auditor  within  the  mean- 
ing of  this  act.  The  statement  of  the  auditor  shall  be  filed 
by  him  with  said  report  in  the  office  of  the  secretary  of 
the  commonwealth  and  shall  be  attached  to  and  form  part 
of  it.  The  auditor  shall  be  sworn  to  the  faithful  perform- 
ance of  his  duties  by  a  justice  of  the  peace  or  some  other 
magistrate  authorized  to  administer  oaths  or  affirmations; 
and  evidence  of  such  appointment  and  qualification  shall 
be  filed  in  the  office  of  the  commissioner  of  corporations. 

Section^  2.  Section  sixty-seven  of  said  chapter  is  hereby 
amended  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  —  Section  67.  A  certificate  which 
is  required  to  be  filed  by  the  preceding  section  shall  be  ac- 
companied by  a  written  statement  under  oath  by  an  auditor, 
as  provided  in  section  forty-seven,  except  that  such  auditor 
shall  in  all  cases  be  chosen  by  the  board  of  directors.  Be- 
fore it  is  filed,  it  shall  be  submitted  to  the  commissioner 
of  corporations  who  shall  examine  said  certificate  and  shall. 


Auditor  to  be 
sworn,  etc. 


1903,  437,  §  67, 
amended. 


Certificate  of 
condition  to  be 
accompanied 
by  auditor's 
Statement,  etc. 


Acts,  1908.  — Chap.  301.  263 

as  tax  commissioner,  assess  upon  the  corporation  an  excise 
tax,  in  accordance  with  the  provisions  of  section  seventy- 
five.  If  he  finds  that  the  certificate  is  in  compliance  with 
the  requirements  of  this  act  he  shall  endorse  his  approval 
thereon;  bnt  no  certificate  shall  be  filed  until  he  has  en- 
dorsed his  approval  thereon  and  until  the  excise  tax  re- 
quired hj  section  seventy-five  has  been  paid  to  the  treas- 
urer and  receiver  general. 

Section  3.     This  act  shall  take  efl:"ect  upon  its  passage. 

Approved  March  21,  190S. 

Ax  Act  to  authorize  the  metropolitax  park  commis-  n]^^,^  3Q;[ 

SIOX   TO   GR.\.X'T   LOCATIOX^S   TO   ELECTRIC   RAILROAD  COM- 
PAXIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  four  hundred  and  pop.  ■f}f-  §  L 
thirteen  of  the  acts  of  the  year  nineteen  hundred  is  hereby 
amended  by  inserting  after  the  word  "  railways  ",  in  the 
third  line,  the  words :  —  or  electric  railroads,  —  so  as  to 
read  as  follows:  —  Section  1.     The  board  of  metropolitan  Metropolitan 
park  commissioners  shall  have  authority  to  grant  locations,  ^on  may'grant 
as  provided  herein,  to  street  railways  or  electric  railroads  s°reit°raUways. 
within  the  roads,  boulevards,  parks  and  reservations  in  its 
care  and  control. 

Section    2.      Section   two   of   said    chapter   is   hereby  1900, 413,  §  2, 
amended  by  inserting  after  the  word  "  company  ",  in  the  ^°^®^^®'^- 
second  line,  the  words :  —  or  of  an  electric  railroad  com- 
pany, —  and  by  striking  out  the  word  '"  railroad  ",  in  the 
twenty-first  line,   so   as  to   read   as  follows :  —  Section-  2.  Notice  to  be 

ci    •  -I   1  ^  •    •  I'     1  1  •  [•  •^      given  of  time 

oaiu  board,  upon  petition  01  tlie  directors  01  a  street  rail-  and  place  of 

n  ^      ^    •  •^  ^  j?        hearing,  etc. 

way  company,  or  01  an  electric  railroad  company,  or  01  a 
majority  thereof,  for  such  location,  shall  give  notice  to  all 
parties  interested  of  the  time  and  place  at  which  the  board 
will  give  a  hearing  upon  such  petition,  at  least  fourteen 
days  before  the  hearing,  by  publication  in  one  or  more 
newspapers  published  in  each  city  or  town  in  which  the 
location  petitioned  for  would  lie,  and  if  none  such  is  pub- 
lished then  by  publication  in  one  or  more  newspapers  pub- 
lished in  each  county  in  which  the  location  petitioned  for 
would  lie ;  and  after  hearing,  if  in  the  opinion  of  the  board 
public  convenience  and  necessity  so  require,  it  may  grant 
such  location,  or  any  part  thereof,  upon  such  terms,  condi- 


264: 


Acts,  1908.  — Chap.  301. 


Proviso. 


1900,  413,  §  3, 
amended. 


Locations  may 
be  altered,  etc. 


Provlsos- 


1900,  413,  §  4, 
amended. 


Copy  of  order  to 
permit  location 
to  he  deposited 
with  city  or 
town  clerk. 


1900,  413,  §  6, 
amended. 


Certain  pro- 
visions of  law 
to  apply. 


tions  and  obligations,  and  for  siicli  compensation,  as  the 
public  interest  and  a  due  regard  for  the  rights  of  the  com- 
monwealth may  require :  provided,  that  nothing  herein  con- 
tained shall  authorize  the  said  board  to  grant  a  location 
for  ix)les  and  overhead  wires  in  any  road,  boulevard,  park 
or  parkway,  without  the  approval  of  the  governor  and 
council.  Such  locations  shall  be  void  unless  accepted  in 
writing  by  the  directors  of  such  company,  or  by  a  ma- 
jority thereof,  within  thirty  days  after  receiving  notice 
thereof. 

Sectiox  3.  Section  three  of  said  chapter  is  hereby 
amended  by  striking  out  the  word  '^  railroad  ",  in  the  sev^- 
cnth  line,  and  inserting  in  place  thereof  the  word :  —  such, 
—  so  as  to  read  as  follows :  —  Section  3.  Said  board  may 
by  order  alter,  extend  or  revoke  any  location  granted  by 
it  whenever  in  its  opinion  the  public  interest  or  the  rights 
of  the  commonwealth  so  require:  provided,  however,  that 
before  so  doing  notice  and  hearing  shall  be  given  to  the 
company  and  all  persons  interested,  as  provided  in  section 
two  of  this  act ;  and  provided,  further,  that  any  such  com- 
pany or  any  persons  interested  in  any  such  order  may 
appeal  therefrom  to  the  governor  and  council,  within  four- 
teen days  after  the  filing  of  a  copy  of  such  order  as  here- 
inafter provided. 

Section  4.  Section  four  of  said  chapter  is  hereby 
amended  by  inserting  after  the  word  ''  railway  ",  in  the 
third  line,  the  words:  —  or  electric  railroad,  —  so  as  to 
read  as  follows:  —  Section  Jf.  Said  board,  within  four- 
teen days  after  making  any  order  which  operates  to  per- 
mit a  use  or  location  hereunder  to  any  street  railway  or 
electric  railroad,  or  an  extension,  alteration  or  revocation 
of  a  use  or  location  previously  granted,  shall  deposit  a 
copy  of  such  order  in  the  ofBce  of  the  clerk  of  the  city  or 
town  within  which  the  location  or  use  is  ])ermitted,  al- 
ter(>d,  extended  or  revoked,  and  the  clerk  of  that  city  or 
town  shall  receive  and  record  the  same. 

Section  5.  Section  six  of  said  chapter  is  hereby 
amended  by  inserting  after  the  word  "  railway  ",  in  the 
first  line,  the  words :  —  or  electric  railroad,  —  so  as  to 
read  as  follows :  —  Section  6.  All  street  railway  or  elec- 
tric railroad  companies  operating  hereunder  shall  remain 
subject  to  the  duties  and  liabilities  imposed  by  other  pro- 
visions of  law  not  inconsistent  herewith,  and  shall  have 


Acts,  1908.  —  Chap.  302.  265 

the  powers,  duties  and  rights  herein  authorized,  all  of 
which  shall  be  in  addition  to  and  in  amendment  of  any 
charter  or  special  provision  of  law  or  of  the  general  laws 
under  which  they  are  organized. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  21,  1908. 


An  Act  to  establish  the  boundaky  line  between  the  (7/;^n  302 

TOWNS  OF  AUBUKN  AND  OXFORD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  described  line  shall  here-  Boundary  line 
after  be  the  boundary  line  between  the  towns  of  Auburn  luWn  and 
and  Oxford :  —  Beginning  at  a  granite  monument  stand-  tahuILt.' 
ing  at  the  corner  of  the  towns  of  Auburn,  Millbury  and 
Oxford,  in  latitude  forty-two  degrees,  nine  minutes,  fifty- 
one  and  forty-nine  hundredths  seconds,  and  longitude  sev- 
enty-one degrees,  forty-nine  minutes,  fifty-five  and  twelve 
hundredths  seconds ;  thence  south  twenty-nine  degrees, 
fifty-four  minutes  west,  true  bearing,  eighteen  hundred 
and  sixty  feet  to  a  granite  monument  standing  at  an  angle 
in  the  present  boundary  line,  at  the  southeast  corner  of 
the  town  of  Auburn ;  thence  north  eighty-seven  degrees, 
five  minutes  w^est,  true  bearing,  sixty-two  hundred  and 
ninety-one  feet  to  a  granite  monument  standing  at  an 
angle  in  the  present  boundary  line,  in  woodland,  about 
five  hundred  feet  west  of  a  road  leading  from  Oxford  to 
Auburn ;  thence  north  fifty-four  degrees,  twenty-six  min- 
utes west,  true  bearing,  fifty-nine  hundred  feet  to  a  gran- 
ite monument  standing  at  an  angle  in  the  present  bound- 
ary line,  on  the  southerly  side  of  Prospect  street  in  Auburn  ; 
thence  north  thirty-two  degrees,  forty-eight  minutes  west, 
true  bearing,  ninety-six  hundred  and  seventy-two  feet  to 
a  granite  monument  standing  at  the  corner  of  the  towns 
of  Auburn,  Leicester  and  Oxford,  in  latitude  forty-two 
degrees,  eleven  minutes,  thirty-two  and  ninety-one  hun- 
dredths seconds,  and  longitude  seventy-one  degrees,  fifty- 
three  minutes,  forty-four  and  nineteen  hundredths  sec- 
onds. 

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

Approved  March  27,  190S. 


26G  Acts,  1908.  —  Chaps.  303,  304. 


CJfffp.oOS  A^'  Act  kelative  to  the  amount  of  scrip  or  certifi- 
cates OF  INDEBTEDNESS  TO  BE  ISSUED  TO  PROVIDE  FOR 
IMPROVEMENTS  AND  ADDITIONS  AT  CERTAIN  STATE  INSTI- 
TUTIONS. 

Be  it  enacted,  etc.,  as  foUoics:' 

Imended.'  ^  ^'  Section  1.  Scctiou  One  of  chapter  five  Inmdred  and 
fifty-five  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  striking-  out  the  words  "  two 
hundred  thirty-four  thousand  two  hundred  dollars ",  in 
the  eighth  and  ninth  lines,  and  inserting  in  place  thereof 
the  words :  —  two  hundred  and  thirty-seven  thousand  two 
hundred  dollars. 

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

Approved  March  21,  190S. 

Chap.'^O^        An  Act  relative  to  the  sale  of  coke  and  coal. 

Be  it  enacted,  etc.,  as  follows: 
R.  L.  57,  §88         Section  1.     Section  eighty-eight  of  chapter  fifty-seven 

etc.,  amended.  .  o      J        ri  i  p      ^ 

of  the  Revised  Laws,  as  amended  by  section  two  of  chap- 
ter four  hundred  and  fifty-three  of  the  acts  of  the  year 
nineteen  hundred  and  two,  is  hereby  further  amended  by 
inserting  after  the  word  "  seller  ",  in  the  sixth  line,  the 
words :  —  and  either  the  identifying  number,  of  which  a 
permanent  record  shall  be  kept,  or,  —  so  as  to  read  as 
.SV/wefght  follows:  —  Section  88.  Whoever  sells  coke  or  coal  by 
hv^^'swofn'^''  weight  shall  without  cost  to  the  purchaser  cause  the  goods 
weigher,  etc.  fo  be  Weighed  by  a  sworn  weigher  of  the  city  or  town  in 
which  they  are  weighed,  and  shall  cause  a  certificate  stat- 
ing the  name  and  place  of  business  of  the  seller,  and  either 
the  identifying  number,  of  which  a  permanent  record  shall 
be  kept,  or  the  name  of  the  person  taking  charge  of  the 
goods  after  the  weighing,  as  given  to  the  weigher  on  his 
request,  and  the  quantity  of  the  goods,  to  be  signed  by  the 
weigher.  Such  certificate  shall  be  given  to  said  person 
and  shall  by  him  be  given  only  to  the  owner  of  the  goods 
or  his  agent  when  he  unloads  the  same;  and  every  such 
person,  owner  or  agent  shall,  on  request  and  without  charge 
therefor,  permit  any  sealer  of  weights  and  measures  of 
any  city  or  toAvn  to  examine  the  certificate  and  to  make  a 
copy  thereof. 

Section  2.     This  act  shall  take  efi"ect  upon  its  passage. 

Approved  March  21,  1908. 


Acts,  1908.  — Chaps.  305,  306,  307.  267 


An  Act  eelative  to  notices  to  be  given  in  certain  QJicin^^Q^ 

CASES   OF   ACCIDENTS. 

Be  it  enacted,  etc.,  as  follows: 

The    provisions    of    sections    twenty,    twenty-one    and  vfg^on^cJfTaw 
twentv-two  of  chai)ter  liftv-one  of  the  Revised  Laws,  in  'o  apply  in 

I,  '  .  „    .     .        .  ,    .  ,.  claims  for 

SO  far  as  thev  relate  to  notices  of  mi  lines  resiiltmc;  from  damages  re- 

'^'  .  "'     .  •-  sultmg  from 

snow  or  ice,  shall  apply  to  actions  against  persons  or  cor-  snow  and  ice, 
porations  founded  upon  the  defective  condition  of  the 
premises  of  such  persons  or  corporations,  or  of  an  adjoin- 
ing way,  whenever  such  defective  condition  is  caused  hy, 
or  consists  in  part  of,  snow  or  ice.  Leaving  the  notice 
with  the  occupant  of  said  premises,  or,  in  case  there  is  no 
occupant,  posting  the  same  in  a  conspicuous  place  thereon, 
shall  be  a  sufficient  compliance  with  the  foregoing  provi- 
sions. Approved  March  27,  1908. 

An  Act  to  provide  for  the  furnishing,  by  the  bu-  fjj^n^^  3Qg 

REAU    OF    statistics    OF    LABOR,    OF    INFORMATION    RELA- 
TIVE   TO    THE    DE:\rAND    FOR   EMPLOYMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.      The  chief  of  the  bureau  of  statistics  of  f^f^l^^^^^f^^' 
labor  is  hereby  authorized  to  furnish  weekly  to  the  clerks  forempioy- 

.  1    1  •  1    n      T      nient  to  be 

of  all  cities  and  towns  m  the  commonwealth  printed  bul-  furnished  to 
letins  shoAving  the  demand  for  employment,  classified  l»y  towns,  etc. 
occupations  to  such  extent  as  may  be  feasible,  and  indi- 
cating the  city  or  town  in  which  the  employees  are  wanted, 
such  information  to  be  based  upon  the  applications  for 
emi)loyees  made  at  the  free  employment  offices  under  the 
jurisdiction  of  said  bureau. 

Section  2.     It  shall  be  the  duty  of  every  city  and  town  Lists  to  be 
clerk  to  post  the  lists  received  as  aforesaid,  in  one  or  more  ^°^  ^  ' 
conspicuous  places  in  the  city  or  town. 

Section  3.     A  city  or  town  clerk  who  fails  to  comply  Penalty  for 
wuth  the  provisions  of  this  act  shall  be  punished  by  a  fine  compfywith 
not  exceeding  ten  dollars.     Approved  March  27,  190S.       ^'^^■ 

An  Act  to  prohibit  the   manufacture  and  sale  of  QJfCip.'SOl 

COCAINE    and   articles    CONTAINING    COCAINE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     It  shall  be  unlawful  for  anv  person,  firm  Manufacture 

..  n     V  1  and  sale  of 

or  corporation  to  manuiacture  any  so-called  catarrh  pow-  cocaine,  etc., 

prohibited. 


268  Acts,  1908.  — Chap.  308. 

der  or  catarrh  cure,  or  any  patent  or  proprietary  prepara- 
tion containing  cocaine,  or  any  of  its  salts,  or  alpha  or 
beta  eucaine,  or  any  of  their  salts,  or  any  synthetic  sub- 
stitute for  the  aforesaid. 
?way°orhfidtn       Section  2.     It  shall  bc  uulawful  for  any  person,  firm 
possession,  etc.  ^-^^  corporation  to  sell,  exchange,  deliver,  expose  for  sale, 
give  away  or  have  in  his  possession  or  custody  with  intent 
to  sell,  exchange,  deliver,  or  give  away,  in  any  street,  way, 
square,  park  or  other  public  j^lace,  or  in  any  hotel,  restau- 
rant, liquor  saloon,  barroom,  public  hall,  place  of  amuse- 
ment, or  public  building  any  cocaine  or  any  of  its  salts, 
or  any  alpha  or  beta  eucaine,  or  any  of  their  salts,  or  any 
synthetic  substitute  for  the  aforesaid,  or  any  preparation 
containing  any  of  the  same. 
rtc^,™^1oseii,       Sp:ctiox  3.     It  shall  be  unlawful  for  any  pharmacist 
^^'^^  or  other  person  employed  or  serving  in  a  pharmacy,  drug 

store  or  apothecary  shop,  to  the  proprietor  of  which  a 
written  notice  has  been  sent  by  registered  mail  by  an  offi- 
cer or  employee  of  the  state  board  of  health  stating  that 
any  patent  or  proprietary  medicine  or  article,  naming  the 
same,  contains  cocaine  or  any  of  its  salts,  or  any  alpha  or 
beta  eucaine,  or  any  of  their  salts,  or  any  synthetic  substi- 
tute for  the  aforesaid,  thereafter  to  sell  any  such  medicine 
or  article. 
Penalty.  Section  4.     Wliocvcr  violatcs  any  provision  of  this  act 

shall  be  punished  by  a  fine  of  not  more  than  one  thousand 
dollars,  or  by  imprisonment  for  not  more  than  one  year 
in  a  county  jail  or  house  of  correction,  or  by  both  such 
fine  and  imprisonment.  Approved  March  21 ,  190S. 

Chap.'SOS  Aa"  Act  to  kequire  the  county  commissioners  of  the 

COUNTY  OF  BERKSHIRE  TO  M^VKE  COPIES  OF  CERTAIN 
RECORDS  IN  THE  REGISTRY  OF  DEEDS  FOR  THE  MIDDLE 
DISTRICT    OF   SAID   COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

nwilof certain       Section   1.      The  couuty  commissiouers   of  Berkshire 
records.  county  are  hereby  authorized  and  required  to  have  made 

under  their  direction,  within  three  years  after  the  passage 
of  this  act,  copies  of  all  records  and  parts  of  records  and 
])lans  recorded  and  deposited  in  the  registry  of  deeds  for 
the  middle  district  of  said  county,  relating  to  titles  of 
hind  in  the  southern  district  of  said  county,  and  suitable 


Acts,  1908.  — Chaps.  309,  310.  269 

indexes  thereof,  at  an  expense  not  exceeding  two  thou- 
sand dollars,  and  the  copies  and  indexes  so  made  shall  be 
deposited  in  the  registry  of  deeds  for  said  southern  dis- 
trict, to  be  there  kept  by  the  register  of  deeds  of  that  dis- 
trict as  other  books  of  records  are  kept  by  him. 

Sectiox  2.  The  persons  employed  to  make  the  said  nf/^fnlcopies 
copies  shall  be  sworn  to  the  faithful  discharge  of  their  to  be  swom. 
duties ;  and  the  county  commissioners  shall  designate  there- 
from competent  persons  to  be  called  examiners,  any  one 
of  whom  may  certify  said  copies  made  as  aforesaid.  The 
compensation  of  all  of  said  persons  shall  be  fixed  by  said 
commissioners  and  shall  be  paid  out  of  the  county  treasury. 

Section  3.     Copies  from  the  copies  made,  certified  and  ^  bfrewhed^ 
deposited  as  herein  provided,  shall,  when  duly  certified  by  ^^J';;''^'^"'^^  ''^ 
said  register  of  deeds,  be  admitted  in  evidence  in  the  same 
manner  as  other  copies  from  said   registry  of   deeds  for 
said  southern  district  are  admitted. 

Section  4,     This  act  shall  take  effect  upon  its  passage. 

Approved  March  21 ,  190S. 

An  Act  relative  to  the  kecovery  of  certain  sewek  (JJiap.309 

ASSESSMENTS   IN    THE    CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     In  any  case  in  which  an  assessment  pur-  Assessments 

,  ,         .-  -p.,  TT-n  •       paid  under  pro- 

porting  to   be  made  lor  a  sewer  on  xJlue  xiiil  avenue  m  test  may  be 

Boston,  under  the  provisions  of  chapter  three  hundred  and 
twenty-three  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one,  has  heretofore  been  paid  in  full  under  protest, 
it  may  be  recovered  with  interest  from  the  date  of  pay- 
ment in  a  suit  begun  within  one  year  after  the  passage  of 
this  act,  and  such  suit  shall  not  be  barred  by  failure  to 
begin  the  same  earlier. 

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

Approved  March  27,  1908. 

An  xVct  to  establish  the  belchertoavn  fire  district  Clicip.^\0 

AND      TO      PROVIDE      FOR      SUPPLYING      THE      SAME      WITH 
WATER. 

Be  it  enacted,  etc.,  as  foUoirs: 

SiccTioN   1.      The  inhabitants  of  the  to^vn  of  Belcher-  Fire  district 

■,.,,  .  .  .,  ,  .,.  •!•       established  in 

toA\ai  liable  to  taxation  in  said  town  and  residing  within  the  town  of 

Belchertown. 


270  Acts,  1908.  — Chap.  310 


the  territory  enclosed  by  the  following-  bonndary  lines,  to 
Boundary  lines  wit :  —  Beginning  in  the  easterly  location  line  of  the  Bos- 
ton and  Maine  Railroad  at  a  point  ^vhere  said  line  inter- 
sects the  sontherly  line  of  land  of  the  estate  of  P.  and  E. 
Bntler ;  thence  easterly  and  northerly  along  land  of  said 
estate  and  land  of  Charles  Pratt,  crossing  the  Xorthamp- 
ton  road  to  the  main  road  leading  to  Amherst ;  thence 
northerly  on  said  last  named  road  to  the  intersection  of 
the  road  leading  past  the  honse  of  Lyman  Jenks ;  thence 
easterly  along  said  last  named  road  passing  the  honse  of 
E.  S.  Snow  to  Jabish  brook ;  thence  sontherly  along  Jabish 
brook  to  the  main  road  leading  from  Belchertown  to  En- 
field ;  thence  westerly  on  said  road  to  the  intersection  of 
a  new  road  leading  to  Dyer's  mill ;  thence  sontherly  along 
said  new  road  and  another  road  leading  sontherly  from 
Dyer's  mill  to  the  sontheast  corner  of  land  of  D.  P. 
Spencer ;  thence  westerly  along  land  of  said  Spencer  to 
the  road  leading  from  Belchertown  to  Ware ;  thence  sonth- 
westerly  to  the  south  side  of  land  of  H.  C.  West ;  thence 
westerly  on  land  of  said  H.  C.  West  to  the  road  leading 
from  Belchertown  to  Palmer ;  thence  sonth westerly  in  a 
straight  line  to  a  point  where  the  southerly  side  of  the 
road  leading  from  Belchertown  to  Springfield  intersects 
the  easterh'  location  line  of  the  Boston  and  Maine  Rail- 
road ;  thence  northwesterly  in  a  straight  line  to  the  inter- 
section of  the  Granby  road  and  Stacy's  lane ;  thence  on 
Stacy's  lane  to  said  Stacy's  house ;  thence  northerly  to  the 
corner  of  the  highway  leading  past  the  house  of  Harriet 
Hamilton  and  said  Butler  estate ;  thence  northerly  on  said 
last  named  highway  to  land  of  the  said  Hamilton ;  thence 
on  line  of  land  of  said  Hamilton  and  land  of  the  town 
farm  to  the  location  line  of  land  of  the  said  Boston  and 
]\raine  Railroad  ;  thence  northerly  along  said  location  line 
of  the  Boston  and  Maine  Railroad  to  the  place  of  begin- 
ning, —  shall  constitute  a  fire  district,  and  are  hereby 
made  a  body  corporate,  by  the  name  of  the  Belchertown 
Fire  District,  for  the  purpose  of  supplying  themselyes 
with  water  for  the  extinguishment  of  fires  and  for  do- 
mestic and  other  pnrposes,  with  power  to  establish  foun- 
tains and  hydrants,  and  to  relocate  and  discontinue  the 
same;  to  regnilate  the  use  of  such  water  and  to  fix  and 
collect  rates  to  be  paid  therefor,  and  to  take,  or  acquire 
by  lease,   purchase,   or  otherwise,   and   to  hold   ju-oj^erty, 


Acts,  1908.  — Chap.  310.  271 

lands,  rights  of  way  and  easements  for  the  purposes  men- 
tioned in  this  act,  and  to  prosecnte  and  defend  in  all  ac- 
tions relating  to  the  property  and  affairs  of  the  district. 

Section  2.     Said  fire  district,  for  the  purposes  afore-  May  take  and 

•  1  ,1  •  1  1  , 1  •  1    hold  certain 

said,  may  take,  or  acquire  by  purchase  or  otherwise  and  waters,  etc. 
hold  the  waters  of  any  pond  or  stream  or  of  any  ground 
sources  of  supply  by  means  of  driven,  artesian  or  other 
wells  within  the  limits  of  the  to'wn  of  Belchert£>^\m  not 
already  owned  or  acquired  by  the  city  of  Springfield,  act- 
ing under  its  statutory  rights,  and  the  water  rights  con- 
nected with  any  such  water  sources,  and  may  also  take, 
or  acquire  by  purchase  or  otherwise,  and  hold  all  lands, 
rights  of  way  and  easements  necessary  for  collecting,  stor- 
ing, holding,  purifying,  and  preserving  the  purity  of  the 
water,  and  for  conveying  the  same  to  any  part  of  said 
district:  -provided,  however,  that  no  source  of  water  su]>  Proviso, 
ply,  and  no  lands  necessary  for  preserving  the  quality  of 
such  water,  shall  be  taken  or  used  without  first  obtaining 
the  advice  and  approval  of  the  state  board  of  health,  and 
that  the  location  of  all  dams,  reservoirs  and  wells  to  be 
used  as  sources  of  water  supply  under  this  act  shall  bo 
sublect  to  the  approval  of  said  board.     Said  district  may  May  construct 

111  ^  •        ^  1111  ^  "^     dams,  reser- 

construct  on  the  iaiuls  taken  or  acquired  and  held  under  voirs,  etc. 
the  provisions  of  this  act  proper  dams,  reservoirs,  stand- 
l^ipes,  tanks,  buildings,  fixtures  and  other  structures,  and 
may  make  excavations,  procure  and  operate  machinery  and 
provide  such  other  means  and  appliances  and  do  such  other 
things  as  may  be  necessary  for  the  establishment  and 
maintenance  of  complete  and  effective  water  works ;  and 
for  that  purpose  may  construct  wells  and  reservoirs  and  es- 
tablish pumping  works  and  may  construct,  lay  and  main- 
tain aqueducts,  conduits,  pipes  and  other  works  under  or 
over  any  land,  water  courses,  railroads,  railways  and  pub- 
lic or  other  ways,  and  along  such  ways,  in  said  town,  in 
such  manner  as  not  unnecessarily  to  obstruct  the  same ; 
and  for  the  purpose  of  constructing,  laying,  maintaining, 
operating  and  repairing  such  conduits,  pipes  and  other 
works,  and  for  all  pro]^)er  purposes  of  this  act,  said  dis- 
trict may  dig  up  or  raise  and  embank  any  such  lands, 
highways  or  other  ways  in  such  manner  as  to  cause  the 
least  hindrance  to  public  travel  on  such  ways ;  and  all 
things  done  upon  any  such  way  shall  be  subject  to  the 
direction  of  the  selectmen  of  the  town  of  Belehertown. 


272 


Acts,  1908.  — Chap.  310. 


Description  of 
land,  etc.. 
taken  to  be 
recorded. 


Damages. 


May  connect 
system  with 
certain  waters, 
etc. 


Section  3.  Said  fire  district  shall,  within  ninety  days 
after  the  taking  of  any  lands,  rights  of  way,  water  rights, 
water  sources  or  easements  under  the  provisions  of  this 
act,  otherwise  than  by  purchase,  file  and  cause  to  be  re- 
corded in  the  registry  of  deeds  for  the  county  and  district 
within  which  such  lands  or  other  property  are  situated,  a 
description  thereof  sufficiently  accurate  for  identification, 
with  a  statement  of  the  purpose  for  which  the  same  were 
taken,  signed  by  the  water  commissioners  hereinafter  pro- 
vided for.  The  title  to  all  land  acquired  in  any  way  under 
the  provisions  of  this  act  shall  vest  in  said  Belchertown 
Fire  District,  and  the  land  so  taken  may  be  managed,  im- 
proved and  controlled  by  the  board  of  water  commission- 
ers hereinafter  provided  for,  in  such  manner  as  they  shall 
deem  for  the  best  interest  of  said  district. 

Section  4.  Said  district  shall  pay  all  damages  to  prop- 
erty' sustained  by  any  person  or  corporation  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water  right 
or  easement,  or  by  anything  done  by  said  district  under 
authority  of  this  act.  Any  person  or  corporation  sustain- 
ing damages  as  aforesaid,  who  fails  to  agree  with  said 
district  as  to  the  amount  thereof,  may  have  the  same  de- 
termined in  the  manner  provided  by  law  in  the  case  of 
land  taken  for  the  laying  out  of  highways,  on  application 
at  any  time  within  the  period  of  two  years  after  the  tak- 
ing of  such  land  or  other  property  or  the  doing  of  other 
injury  under  authority  of  this  act ;  but  no  such  applica- 
tion shall  be  made  after  the  expiration  of  said  two  years, 
and  no  application  for  assessment  of  damages  shall  be 
made  for  the  taking  of  any  water,  water  right,  or  for  any 
injury  thereto,  until  the  water  is  actually  withdrawn  or 
diverted  by  said  district  under  authority  of  this  act.  Said 
district  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  which  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  district  shall  be  further 
liable  only  for  the  additional  damages  caused  b^^  such 
additional  taking. 

Section  .").  The  said  district,  at  its  own  expense,  may, 
subject  to  the  ap])roval  of  the  state  board  of  health,  con- 
nect  its  svstem   herein   ])rovided   for,   witli   -Tabish   brook, 


Acts,  1908.  — Chap.  310.  273 

so-called,  by  a  pipe  or  pipes,  at  such  point  in  said  town, 
and  may  draw  sncli  quantities  of  water,  upon  such  terms 
and  conditions,  as  mav  be  agreed  upon  by  the  city  of 
Springfield,  acting  under  its  statutory  rights,  and  said 
district,  respectively.  Or  the  city  of  Springfield,  if  said 
district  so  elects,  may,  subject  to  the  approval  of  the  state 
board  of  health,  connect  said  Jabish  brook,  so-called,  with 
the  system  herein  provided  for,  at  such  point  in  said  town, 
and  may  supply  water  to  the  said  district  upon  such 
terms  and  conditions,  as  may  be  agreed  uj)on  between  said 
city  and  said  district,  respectively. 

Section  6.  Said  district,  for  the  purpose  of  paying  Bekhertown 
the  necessary  expenses  and  liabilities  incurred  under  the  Loan, 
provisions  of  this  act,  may  issue  from  time  to  time  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  thirty  thousand 
dollars.  Such  bonds,  notes  or  scrip  shall  bear  on  their 
face  the  words,  Belchertown  Fire  District  Loan;  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  five  per  cent  per 
annum ;  and  shall  be  signed  by  the  treasurer  of  the  dis- 
trict and  countersigned  by  the  chairman  of  the  water  com- 
missioners hereinafter  provided  for.  Said  district  may 
sell  such  securities  at  pul)lic  or  private  sale,  or  pledge  the 
same  for  money  borrowed  for  the  purposes  of  this  act, 
upon  such  terms  and  conditions  as  it  may  deem  proper: 
provided,  that  such  securities  shall  not  be  sold  for  less  proviso. 
than  the  par  value  thereof. 

Sectio^st  7.     The  town  of  Belchertown  may  guarantee  Town  may 
the  payment  of  such  bonds,  notes  or  scrip  as  may  be  issued  menTorbond^' 
under  the  provisions  of  this  act.     The  action  of  the  town  ^*°- 
of  Belchertown  taken  at  its  annual  town  meeting,  ]\Iarch 
second,  nineteen  hundred  and  eight,  in  voting  to  guarantee 
the  payment  of  such  bonds  as  might  be  issued  by  a  fire 
district  to  be  created  in  said  town  for  fire  district  pur- 
poses is  hereby  confirmed  and  ratified,  and  the  selectmen 
and  treasurer  of  said  town  are  hereby  authorized,  in  the 
name  and  in  behalf  of  said  town,  to  sign  said  guarantee. 

Section  8.     Said  district  shall,  at  the  time  of  authoriz-  Payment  of 
ing  said  loan,   provide   for  the  pa^anent  thereof  in  such 
annual  proportionate  payments,  beginning  not  more  than 
five   years   after   the   first   issue   of   such   bonds,   notes   or 
scrip,   as  will  extinguish  the  same  within  the  time   pre- 


274 


Acts,  1908.  — Chap.  310. 


Assessment  of 
taxes,  etc. 


Proviso. 


First  meeting. 


Question  of 
acceptance  to 
be  submitted 
to  voters. 


Water  commis- 
sioners, elec- 
tion, terms,  etc. 


scribed  by  this  act ;  and  when  a  vote  to  that  eflfect  has  been 
passed  a  sum  which,  with  the  income  derived  from  water 
rates,  will  be  sufficient  to  pay  the  annual  expense  of  oper- 
ating its  water  works  and  the  interest  as  it  accrues  on  the 
bonds,  notes  or  scrip  issued  as  aforesaid  by  said  district, 
and  to  make  such  payments  on  the  principal  as  may  be 
required  under  the  provisions  of  this  act,  shall  without 
further  vote  be  raised  annually  by  taxation  in  the  manner 
hereinafter  provided. 

Section  9.  Whenever  a  tax  is  duly  voted  by  said  dis- 
trict for  the  purposes  of  this  act,  the  clerk  shall  send  a 
certified  copy  of  the  vote  to  the  assessors  of  the  town  of 
Belchertown,  who  shall  proceed  within  thirty  days  there- 
after to  assess  the  same  in  the  same  manner  in  which  town 
taxes  are  required  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  dis- 
trict 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  col- 
lected on  town  taxes:  provided,  that  said  district  at  the 
time  of  voting  to  raise  the  tax  shall  so  determine  and  shall 
also  fix  a  time  for  payment  thereof. 

Section  10.  The  first  meeting  of  said  district  shall, 
within  three  years  after  the  passage  of  this  act,  be  called 
on  petition  of  ten  or  more  legal  voters  therein,  by  a  war- 
rant from  the  selectmen  of  the  town  of  Belchertown,  or 
from  a  justice  of  the  peace,  directed  to  one  of  the  peti- 
tioners, 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  the 
meeting.  One  of  the  selectmen  shall  preside  at  the  meet- 
ing until  a  clerk  is  chosen  and  sworn,  and  the  clerk  shall 
preside  until  a  moderator  is  chosen.  After  the  choice  of 
a  moderator  for  the  meeting  the  question  of  the  acceptance 
of  this  act  shall  be  submitted  to  the  voters,  and  if  it  shall 
be  acce])ted  l)y  a  majority  vote  of  the  voters  present  and 
voting  thereon  it  shall  thereupon  take  effect,  and  the  meet- 
ing may  then  proceed  to  act  upon  the  other  articles  con- 
tained in  the  warrant. 

Section  11.  The  Belchertown  Fire  District  shall,  after 
the  acceptance  of  this  act  as  aforesaid,  at  the  same  or  a 


Acts,  1908.  — Chap.  310.  275 

subsequent  meeting-,  elect  by  ballot  three  persons  to  hold 
office,  one  nutil  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  district  meet- 
ing, to  constitute  a  board  of  water  commissioners;  and  at 
every  annual  meeting  thereafter  one  such  commissioner 
shall  be  elected  by  ballot  for  the  term  of  three  years.  All 
the  authority  granted  to  said  district  by  this  act  and  not 
otherwise  specifically  provided  for  shall  be  vested  in  said 
board  of  water  commissioners,  who  shall  be  subject  how- 
ever to  such  instructions,  rules  and  regulations  as  the  dis- 
trict may  impose  by  its  vote.  Said  commissioners  shall 
appoint  a  treasurer  of  said  district  who  may  be  one  of 
their  number,  who  shall  give  bonds  to  the  district  to  such 
an  amount  and  with  such  sureties  as  may  be  approved  by 
the  commissioners.  A  majority  of  the  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  business.     Any  Filling  of 

•  111/.  1       vacancies. 

vacancy  occurring  m  said  board  irom  any  cause  may  be 
filled  for  the  remainder  of  the  unexpired  term  by  said 
fire  district  at  any  legal  meeting  called  for  the  purpose. 
Xo  money  shall  be  drawn  from  the  district  treasury  on 
account  of  the  water  works  except  by  a  written  order  of 
said  commissioners  or  a  majority  of  them. 

Section    12.      Said  commissioners   shall  fix  just   and  ^^^^^^  ^'^^^^^ 
equitable  prices  and  rates  for  the  use  of  water,  and  shall 
prescribe  the  time  and  manner  of  payment.     The  income  income  to  de- 
of  the  water  works  shall  be  applied  to  defraying  all  oper-  ^^^^  e^pe^^es, 
ating  expenses,  interest  charges  and  payments  on  the  prin- 
cipal as  they  accrue  upon  any  bonds,  notes  or  scrip  issued 
under  authority  of  this  act.     If  there  should  be  a  net  sur-  Newconstmc- 
plus  remaining  after  providing  for  the  aforesaid  charges, 
it  shall  be  used  for  such  new  construction  as  the  water 
commissioners  may  determine  upon,   and  in  case  a  sur- 
plus should  remain  after  pajTiient  for  such  new  construc- 
tion the  water  rates  shall  be  reduced  proportionately.     Xo 
money  shall  be  expended  in  new  construction  l^y  the  water 
commissioners  except  from  the  net  surplus  aforesaid,  un- 
less the  district  appropriates  and  provides  money  therefor. 
The  said  commissioners  shall  annually,  and  as  often  as  the 
district  may  require,  render  a  report  upon  the  condition 
of  the  works  under  their  charge  and  an  account  of  their 
doings,  including  an  account  of  all  receipts  and  expendi- 
tures. 


276 


Acts,  1908.  — Chap.  311. 


May  adopt  by- 
laws, etc. 


Penalty  for 
corruption, 
etc.,  of  water. 


Water  to  be 
distributed  to 
consumers 
within  two 
years. 


Section  13.  Said  district  may  adopt  hy-laws  prescrib- 
ing by  wbom  and  bow  meetings  may  be  called  and  notified, 
and,  npou  tbc  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  choose  snch 
other  officers  not  provided  for  in  this  act  as  it  may  deem 
necessary  or  proper. 

Section  14.  Whoever  wilfnlly  or  Avantonly  corrnpts, 
polhites  or  diverts  any  water  obtained  or  supplied  under 
this  act,  or  wilfully  or  wantonly  injures  any  reservoir, 
standpipe,  aqueduct,  pipe  or  other  property  owned  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  impris- 
onment in  jail  for  a  term  not  exceeding  six  months. 

Section  15.  This  act  shall  become  void  unless  the  said 
district  shall  begin  to  distribute  water  to  consumers  within 
two  years  after  the  date  of  the  acceptance  of  this  act  as 
provided  in  section  ten.  Approved  March  28,  1908. 


Chap.^W  An  Act  to  authorize  the  town  of  brookline  to  main- 
tain ISLANDS  OR  RESERVATIONS  IN  CERTAIN  PUBLIC 
WAVS   IN    SAID   TOWN. 


The  town  of 
Brookline  may 
construct  and 
maintain  reser- 
vations in  cer- 
tain pubhc 
ways. 


Damages. 


Be  it  enacied,  etc.,  as  folloivs: 

Section  1.  One  or  more  islands  or  reservations,  with 
suitable  structures  erected  thereon,  for  the  use  and  protec- 
tion of  pedestrians  and  persons  taking  or  leaving  the  street 
cars,  may  be  constructed  and  maintained  by  the  selectmen 
of  the  town  of  Brookline,  within  the  limits  of  Washington 
street  and  within  the  limits  of  Walnut  street  in  the  said 
town,  at  any  convenient  place  or  places  in  the  said  streets, 
between  the  junction  of  said  Washington  street  with  Boyl- 
ston  street,  and  the  junction  of  said  Washington  street 
w'ith  Pearl  street. 

Section  2.  The  damages  to  property,  if  any,  sustained 
by  any  person  by  reason  of  the  construction  or  maintenance 
of  such  island  or  islands,  may  be  recovered  in  the  manner 
provided  by  law  for  recovering  damages  to  property  occa- 
sioned by  the  laying  out  of  town  ways. 

Section  3.     This  act  shall  take  effect  upon  its  })assage. 

Approved  March  28,  1908. 


Acts,  1908.— Chap.  312.  277 


An  Act  to  ixcorporate  the  pinehurst  cemetery  as-  (^/j/vit^IQ 

sociatiox.  ^  * 

Be  it  enacted,  etc.,  as  follows: 

Section    1.      Melvin    Little,    Thomas    Barstow,    John  pinehurst 
Knapp,  William  C.  Tolmaii,  Emma  L.  Packard,  James  Nation  i"nco?-°' 
W.  Stiullev,  Thomas  C.  Sampson,  Sarah  T.  David,  Henry  P°'-=^ted. 
H.  Gardner,  Arthnr  B.  Chamberlain,  Sylvina  B.  Stetson, 
Abbie  F.   Coleman,   Everett   E.    Chamberlain,   James  IST. 
Gardner  and  Wilbnr  F.  Gardner,  their  associates  and  suc- 
cessors, are  hereby  made  a  corporation  by  the  name  of  the 
Pinehurst   Cemetery   Association,   for  the   purpose  of  ac- 
quiring, holding,  maintaining,  improving  and  enlarging  for 
a  place  of  burial  of  the  dead  certain  land  set  apart  and 
known  as  the  Pinehurst  Cemetery,  situated  in  the  town  of 
Xorwell.     The  said  corporation  shall  have  all  the  powers 
and  privileges  and  shall  be  subject  to  all  the  restrictions 
and  liabilities  set  forth  in  all  general  laws  now  or  here- 
after in  force  applicable  to  such  corporations. 

SECTioisr  2.     The  said  corporation  is  herebv  authorized  May  acquire 

^  •■  and  hold  real 

to  acquire  possession  and  control  oi  said  cemetery,  and  may  estate,  etc. 
purchase  from  time  to  time  and  may  acquire  liy  gift,  be- 
quest, devise  or  otherwise,  and  may  hold,  so  much  real 
and  personal  property  as  may  be  necessary  or  appropriate 
for  the  purposes  of  said  association:  provided,  that  nothing  Proviso, 
herein  contained  shall  aifect  the  inclividual  rights  of  pro- 
prietors in  said  cemetery. 

Section  3.  Only  persons  who  now  are  or  who  here-  Membership  of 
after  become  proprietors  of  lots  in  the  land  included  in  raUon*/^"" 
said  cemetery,  or  which  may  hereafter  be  included  in  said 
cemetery,  whether  by  deed  or  otherwise,  and  who  shall 
sigTi  the  by-laws  of  said  corporation,  shall  be  members  of 
the  corporation;  and  whenever  any  person  shall  cease  to 
be  the  proprietor  of  a  lot,  or  of  an  interest  in  a  lot,  in 
said  cemetery,  he  shall  cease  to  be  a  member  of  the  cor- 
jjoration. 

Section  4.     The  net  proceeds  of  the  sale  of  lots  in  the  Proceeds  ot 
lands  of  the  corporation  and  all  income  received  from  any  S  to  i'm-''^" 
other  source  by  said  corporation,  the  use  of  which  is  not  ^tT'^'^^''''' 
determined  by  a  trust,  shall  be  applied  exclusively  to  the 
care,   maintenance,   improvement   or  embellishment  of  its 
cemetery  and  the  structures  therein,  or  to  the  purchase  of 
additional  land  for  cemetery  purposes,  and  to  the  payment 


278 


Acts,  1908.  — Chap.  313. 


Grants,  be- 
quests, etc. 


Officers, 
powers  and 
duties. 


of  current  and  incidental  expenses  of  the  cemetery,  and  to 
no  other  purpose. 

Section  5.  Said  corporation  is  authorized  to  take  and 
hold  any  grant,  gift  or  bequest  of  property  in  trust  given 
or  bequeathed  for  the  care,  protection,  embellishment,  im- 
provement or  extension  of  its  cemetery,  or  for  the  care,  em- 
bellishment, protection  or  improvement  of  any  lot  therein, 
or  for  the  care,  repair,  i^reservation  or  removal  of  any 
monument,  tomb,  fence  or  other  structure  therein,  or  for 
planting  a  lot  or  its  vicinity  with  trees  or  shrubs  ;  and  when 
such  gift  or  bequest  is  made  the  said  corporation  may  give 
to  the  person  making  the  same  or  to  his  representative  an 
obligation  binding  the  corporation  to  fulfill  the  terms  of 
the  trust. 

Section  6.  Said  corporation  may  by  its  by-laws  pro- 
vide for  such  officers  as  may  be  necessary,  and  define  their 
powers  and  duties,  and  may  also  provide  for  the  care  and 
management  of  the  cemetery  and  for  the  sale  of  lots 
therein,  and  for  the  management  of  any  funds  which  it 
may  hold,  and  for  any  other  matters  incident  to  the  pur- 
poses of  the  corporation. 

Section  7.     This  act  shall  take  effect  uix)n  its  passage. 

Approved  March  28,  1908. 


ChcilJ.SlS  An  Act  to  provide  foe   compensating  certain  arbi- 

TRATORS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  six  of  chapter  one  hundred  and 
forty-one  of  the  Kevised  Laws  is  hereby  amended  by  add- 
ing at  the  end  thereof  the  following:  —  The  said  arbitra- 
tors shall  be  awarded  reasonable  compensation  by  the  pro- 
bate court,  which  shall  be  paid  by  the  county  in  wliicli  they 
are  appointed,  —  so  as  to  read  as  follows:  —  Section  6. 
If  a  debt  claimed  by  an  executor  or  administrator  as  due 
to  him  from  the  deceased  is  dis])uted  by  any  person  inter- 
ested in  the  estate,  the  claimant  shall  file  in  the  probate 
court  a  statement  of  his  claim  in  writing,  setting  forth 
distinctly  and  fully  the  nature  and  grounds  thereof;  and 
the  same  may  then  be  submitted  under  an  order  of  the 
court  to  one  or  more  arbitrators,  if  the  claimant  and  the 
party  objecting  agree  upon  the  arbitrators  to  be  appointed. 
The  court  shall  have  the  powers  of  courts  of  common  law 


R.  L.  141,  § 

amended. 


Settlement  of 
debts  of  de- 
ceased  persons 
due  to  execu- 
tors, etc. 


Acts,  1908.  — Chaps.  314,  315.  279 

to  discharge  tlie  rule  by  which  the  claim  is  referred,  to 
reject  and  disallow  the  award  or  to  recommit  it  to  the 
arbitrators.  The  award  of  such  arbitrators,  if  accepted  by 
the  probate  court,  shall  be  final  and  conclusive.  The  said 
arbitrators  shall  be  awarded  reasonable  compensation  by 
the  probate  court,  Avhich  shall  be  paid  by  the  county  in 
which  they  are  appointed. 

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

Approved  March  2S,  190S. 

An  Act  kelative  to  the  fubxisiiing  of  ceetaix  books  (7/?a/9.314: 

TO  ASSESSORS  AND  THE   FILING  OF   CERTAIN   RETURNS   BY 
THEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  books  for  the  use  of  assessors  now  re-  The  tax  com- 
quired  by   sections   fifty-eight   and   sixty-three   of  chapter  furnish  certain 
twelve  of  the  Revised  Laws  to  be  furnished  to  cities  and  ses'sore,°etT 
tOT^ms  by  the  secretary  of  the  commonwealth  shall  here- 
after be  furnished  by  the  tax  commissioner ;   and  the  re- 
turns and  reports  now  required  by  sections  sixty,  sixty-one, 
sixty-three  and  ninety-four  of  said  chapter  to  be  made  to 
the  secretary  of  the  commonwealth  shall  hereafter  be  made 
to  the  tax  commissioner.     The  compilation  now  required 
by  said  section  sixty-three  to  be  prepared  by  the  secre- 
tary of  the  commonwealth  shall  hereafter  be  prepared  by 
the  tax  commissioner. 

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

Approved  March  2S,  190S. 


ChapM5 


An  Act  relative  to  the  issue  of  service  med^^ls  and 
additional  clasps. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  provisions  of  section  five  of  chapter  Ser^-ice  medals, 
five  hundred  and  four  of  the  acts  of  the  year  nineteen  hun- 
dred and  six,  relative  to  the  granting  of  service  medals  and 
additional  clasps  to  certain  members  of  the  militia,  shall 
apply  to  members  of  the  militia  who  served  in  the  Spanish 
war  and  were  honorably  discharged  prior  to  the  passage 
of  the  said  chapter  as  well  as  to  present  and  future  mem- 
bers of  the  militia. 

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

Approved  March  2S,  190S. 


280 


Acts,  1908.  — Chaps.  316,  317= 


ChapMQ 


1907,  539,  §  2, 
amended. 


Certain  pro- 
visions of  law 
not  to  apply 
to  a  corpora- 
tion doing 
business  under 
its  corporate 
name,  etc. 


Ax  Act  relative  to  kecokdixg  xames  and  rksidexces 

OF  PERSONS  engaged  IN   BUSINESS   UNDER   NAMES   OTHER 
THAN    TIIEIR    OWN. 

Be  it  enacted,  etc.,  as  foUuirs: 

Section  1.  Section  two  of  olia]>ter  five  hundred  and 
tliirty-nine  of  the  acts  of  the  year  nineteen  linndred  and 
seven  is  hereby  amended  by  inserting'  after  the  word 
"Laws",  in  the  eighth  line,  the  w^ords:  —  nor  to  any 
association  which  has  complied  with  the  provisions  of  sec- 
tions three  and  fonr  of  chapter  seventy  of  the  Revised 
Laws,  —  so  as  to  read  as  follow^s:  —  Section  2.  This  act 
shall  not  apply  to  any  corporation  doing  hnsiness  nnder 
its  true  corporate  name,  nor  to  any  firm  or  partnership 
doing  business  nnder  any  name,  designation  or  title  which 
inclndes  the  trne  surname  of  any  partner,  nor  to  associa- 
tions duly  authorized  to  transact  insurance  in  the  common- 
Avealth  nnder  the  provisions  of  section  eighty-six  of  chap- 
ter one  hnndred  and  eighteen  of  the  Revised  Laws ;  nor  to 
any  association  which  has  complied  with  the  provisions  of 
sections  three  and  fonr  of  chapter  seventy  of  the  Revised 
Laws;  nor  to  any  firm,  partnership,  joint  stock  company 
or  association  the  Inisiness  of  which  is  condncted  or  trans- 
acted by  trustees  nnder  a  written  instrnment  or  dcchira- 
tion  of  trnst,  provided  that  the  names  of  snch  trnstees 
Avitli  a  reference  to  snch  instrnment  or  declaration  of  trnst 
shall  be  filed  as  provided  in  section  one. ' 

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

Approved  March  28,  1908^ 

Chci7).S17  -^^  Act  to  provide  for  military  instruction  for  the 

OFFICERS   AND  MEN   OF  THE   IMILITIA. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  annually  be  allowed  and  ])aid 
out  of  the  treasury  of  the  commonwealth  a  sum  not  exceed- 
ing four  thousand  dollars,  to  be  expended  nnder  the  direc- 
tion of  the  adjntant  general  in  furnishing  the  ofiicers  and 
men  of  the  organized  militia  M'ith  nniform  instruction  in 
military  authority,  organization  and  administration  and  in 
the  elements  of  military  art.  Certificates  for  allowance  of 
expenses  incident  to  snch  instrnction  shall  be  fnrnished  to 
the  adjntant  general  and  npon  his  ap]H-ovaI  i)ayment  shall 


Military  in- 
struction for 
officers  and 
men  of  tiie 
militia. 


Acts,  1908.  — Chap.  318.  281 

be  made  to  the  person  or  persons  certified  to  be  entitled 
thereto. 

SectiojS"  2.     Chapter  two  hnndred  and  two  of  the  acts  Repeal, 
of  the  year  nineteen  hnndred  and  five  is  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

A  Improved  March  2S,  190S^ 


ChajxdlS 


Ax  Act  eelative  to  penalties  imposed  upon  corpoka- 

TIONS    FOR    FAIEURE    TO    MAKE    CERTAIN    RETURNS. 

Be  it  enacted,  etc.,  as  follows: 

Section    fiftv-five   of   cliai^ter    fourteen    of   the   Eevised  R- l.  i4  §  55, 

.        ,  V  111-  •  /•  1  1    amended. 

Laws    IS    herebv    amended    by    inserting    alter    the    word 

"  forfeit  ",  in  the  twenty-seventh  line,  the  words :  —  such 

smn  not  greater  than,  —  and  by  inserting  after  the  word 

"  stock  '',  in  the  twenty-eighth  line,  the  words :  —  as  the 

court  may  deem  just  and  equitable,  —  so  as  to   read   as 

follows:  —  Section-  55.     A  corporation  or  agent  neglecting  Penalty  for 

to  make  the  returns  required  by  section  twenty-four  shall  mak^certain 


forfeit  fifty  dollars  for  every  day  during  which  such  neg 
lect  continues.  A  corjX)ration,  company,  association  or 
partnership  which  fails  to  make  the  return  required  by 
section  thirty-two  shall  forfeit  twenty-five  dollars.  If  it 
neglects  to  make  such  return  for  ten  days  after  notice 
thereof,  addressed  to  it,  has  been  deposited  in  the  post 
office,  postage  prepaid,  it  shall  further  forfeit  five  hundred 
dollars  and  upon  an  information  by  the  attorney-general 
at  the  relation  of  the  commissioner  of  corporations  it  may 
be  restrained  from  the  further  transaction  of  its  business 
in  this  commonwealth  until  it  has  made  such  return ;  but 
such  penalties  shall  not  be  incurred  if  it  is  proved  that 
the  return  was  duly  made  and  deposited  in  the  post  office, 
postage  prepaid,  properly  directed  to  the  tax  commissioner, 
and  that  there  was  no  neglect.  If  any  return  required 
l)y  section  thirty-two  contains  a  false  statement  which  is 
known,  or  by  the  exercise  of  reasonable  care  might  have 
been  kno^vn,  to  the  agent  or  officers  making  it,  to  be  false, 
such  company  or  agent  shall  be  liable  for  the  amount  of 
tax  thereby  lost  to  the  commonwealth  and,  in  addition,  to 
a  penalty  of  not  less  than  five  himdred  nor  more  than  five 
thousand  dollars. 

Any   corporation,    company,    co-partnership    or    associa- 
tion  liable   to   taxation   under   the   provisions   of   sections 


282  Acts,  1908.  — Chaps.  319,  320. 

tllirtY-li^•c,  thirty-six,  forty,  forty-one,  forty-eii^-ht  to  fifty- 
one,  inclnsive,  and  fifty-three  neglecting  to  make  the  re- 
turns required  by  this  chapter,  or  refusing  or  neglecting, 
when  required,  to  submit  to  the  examinations  provided 
for  therein  shall  forfeit  such  sum  not  greater  than  two 
per  cent  upon  the  par  value  of  its  capital  stock  as  the 
court  may  deem  just  and  equitable.  A  guardian,  execu- 
tor, administrator,  trustee  or  partnership  neglecting  to 
make  the  returns  required  by  section  eight  shall  forfeit 
one  hundred  dollars.  Such  j>enalties  may  be  recovered  in 
an  action  of  tort  to  be  brought  by  the  treasurer  and  re- 
ceiver general,  in  the  name  of  the  commonwealth,  either 
in  the  county  of  Sufi^olk  or  in  the  county  in  which  the 
corporation  is  located.  A j) proved  March  2S,  1908. 

CJictp.Sl^  Ax  Act  eelative  to  clerical  assistance  for  the  keg- 

ISTEE  OF  PEOBATE  AXD  IXSOLVENCY  FOE  THE  COUNTY  OF 
PLYMOUTH. 

Be  it  evaded,  etc.,  as  follows: 

a!fc"  u!  kI-**^"  Section  1.  The  register  of  probate  and  insolvency  for 
blfe°et?™"  ^^^^  county  of  Plymouth  shall  be  allowed,  in  addition  to 
county  of  ^\^(,  amouut  uow  allowcd  bv  law,  a  sum  not  exceeding  five 

Plymouth.  "'  .  .       ,  .  ^ 

hundred  dollars  per  annum,  lor  clerical  assistance  actu- 
ally performed,  to  be  paid  from  the  treasury  of  the  com- 
monwealth upon  the  certificate  of  the  judge  of  probate 
and  insolvency  for  said  county. 

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

Approved  March  2S,  1908. 


Chap.320  -^^  -^CT  relative  to  ceet.ux  department  funds  of  the 

CITY  of  fall   EIVEE. 

Be  it  enacted,  etc.,  as  follows: 
Water  depart-        Section  1.     The  Avatcr  department  of  the  city  of  Fall 

rnent.  city  of  i        .  i  c     i        -nr  ttt 

Fall  River.  River  shall  continue  to  be  m  charge  oi  the  \\  atuppa  Water 
Board,  as  organized  and  maintained  under  tlie  provisions 
of  the  revised  ordinances  of  said  city,  chapter  forty-six, 
in  the  edition  of  the  year  nineteen  hundred  and  four. 
The  provisions  of  said  chai)ter  forty-six  shall  be  in  full 
force  except  as  herein  otherwise  provided,  until  the  water 


Acts,  1908.  — Chap.  321.  283 

debt  of  the  city,  now  existing  or  hereafter  created  in  any 
form,  shall  be  wholly  extinguished. 

Sectio:^^  2.     Said  water  board  may  set  aside  and  use  Certain  portion 
so  ninch  of  the  surplus  from  the  receipts  of  the  water  de-  cei^It?toYe 
partment  as  the  board  may  deem  proper,  for  the  construe-  structi1)n°ofT" 
tion  and  maintenance  of  a  water  reservoir  on  the  western  reservoir,  etc. 
shore  of  the  Xorth  Watuppa  pond,  or  of  tanks  in  the  city, 
to  supply  the  city  with  water,  in  addition  to  the  mainte- 
nance and  extension  of  its  water  works  plant  and  pump- 
ing station,  and  also  for  an  emergency  fund  of  not  less 
than  thirty  thousand  dollars,  to  be  used  in  case  of  emer- 
gency, to  renew  or  replace  any  part  of  the  plant  necessary 
to  supply  water  for  domestic  or  manufacturing  purposes, 
or  for  the  extinguishment  of  fires  in  the  said  city. 

Section  3.     The  city  council  of  the  city  shall  not  pass  The  passing  of 

•J  .  .         I  certain  orui- 

any  ordinance  which  would  prevent  or  impair  the  exer-  nances  pre- 
cise of  the  powers  herein  gTanted,     And  the  provisions  of 
this  act  shall  have  full  force  and  effect,  any  ordinance  to 
the  contrary  notwithstanding. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  31,  1908. 


An  Act  making  ArpROPRiATioNs  foe  the  care  of  res-  (7/?a;:>.321 

ERVATIONS  UNDER  THE   CONTROL  OF  THE   METROPOLITAN 
PARK   COMMISSION.  ■ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro-  Appropri- 
priated,  to  be  paid  out  of  the  ]\[etropolitan  Parks  Mainte- 
nance Fund,  by  the  metropolitan  park  commission,  during 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eight,  as  authorized  by  chapter  four 
hundred  and  nineteen  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-nine,  to  wit :  — 

For  the  care  of  reservations  under  the  control   of  the  Care  of  certain 
said  commission,  a  sum  not  exceeding  three  hundred  and  ^^^^^^  ^°^^- 
fifteen  thousand  dollars. 

For  resurfacing  roads  in  the  Middlesex  Fells  reserva-  Middlesex 
tion,  a  sum  not  exceeding  ten  thousand  dollars.  vatlon?'^^'^" 

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

Approved  March  31,  190S. 


2S4 


Acts,  1908.  — Chaps.  322,  323. 


Appropria- 
tions. 


0/i(lJ).S22  Ax  Act  maki.nc;  appk-oi'imatioxs  fok  the  cark  axd  maix- 
TEXAXCE  OK  i;()ri.i;\Ai;i)s  and  i'ak'kways  ix  chakge  of 

THE    METKOI'OLITAX     1'A1;R    C'U,M.\11SSI0X. 

Be  it  enacted,  etc.,  as  follows: 

Secttox  1.  The  sums  licrcinaftor  luciitioiKMl  are  a])i)i-o- 
priatcd,  to  be  expended  bv  the  metropolitan  ]>ark  commis- 
sion, during  the  fiscal  year  endinc;  on  the  thirtieth  day 
of  ISTovember,  nineteen  hundred  and  eight,  one  half  the 
amounts  to  be  paid  out  of  the  current  revenue  and  the 
other  half  to  be  assessed  upon  the  metropolitan  park  dis- 
trict, as  authorized  by  chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
nine,  to  wit :  — 

For  the  care  and  maintenance  of  boulevards  and  park- 
ways, a  sum  not  exceeding  one  hundred  and  thirty-three 
thousand  dollars. 

For  resurfacinc;  the  roadwav  of  the  Middlesex  Fells 
parkway,  a  sum  not  exceeding  fifteen  thousand  dollars. 

For  resurfacing  the  roadway  of  the  Blue  Hills  parkway, 
a  sum  not  exceeding  two  thousand  dollars. 

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

Approved  March  SI,  1908. 


Boulevards 
and  parkways 


Middlesex 
Fells  parkway 


Blue  Hills 
parkway. 


Salaries  of 
justices,  etc. 
police  court 
of  Lawrence 


Ohct2^.S2iS  Ax   Act   relative    to    the    salaries   of    the    justice, 

SPECIAL  JUSTICES,   CLERK  AXD  ASSISTAXT  CLERK  OF  THE 
POLICE   COURT   OF  LAWREXCE. 

Be  it  enacted,  etc.,  as  follows: 

The  police  court  of  Lawrence,  being  a  court  the  judi- 
cial district  of  which  has,  and  has  had  since  the  first  day 
of  April  in  the  year  nineteen  hundred  and  seven,  a  ]:)0])u- 
lation  of  more  than  seventy-five  thousand,  shall  be  in- 
cluded in  class  C  as  defined  in  section  one  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the  year  nineteen 
hundred  and  four,  entitled  "  An  Act  to  establish  the  sala- 
ries of  the  justices,  clerks  and  assistant  clerks  of  certain 
police,  district  and  municipal  courts " ;  and  the  salaries 
of  the  justice,  special  justices,  clerk  and  assistant  clerk  of 
the  said  police  court  shall  be  those  established  by  said 
chapter  for  the  courts  included  in  said  class  C,  to  be  so 
allowed  from  the  first  day  of  January  in  the  year  nineteen 
hundred  and  eight.  Approved  March  31,  190S. 


Acts,  1908.  — Chaps.  324,  325,  326.  285 


Ax  Act  to  authorize  the  metkopolitax  park  commis-  Chap.^2.4: 

SIOX  TO  FURXISH  BAXD  CONCERTS  IX  PLACES  UXDER  ITS 
COXTROL. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox    1.       The    metropolitan    park    commission    is  Band  concerts 
hereby  authorized  to  provide  band  concerts  in  such  parks  in  parks  and 
and  parkways  or  on  snch  other  lands  nnder  its  control  as  p*'"^'*^'^^*'  ^*''- 
it  may  select,  and  at  snch  times  as  it  may  deem  expedient. 
For  this  purpose  the  commission  may  expend  durinc:  the 
present  fiscal  year  the  sum  of  twenty-five  thousand  dc^llars, 
to  be  paid  out  of  the  Metropolitan  Parks  Maintenance 
Fund. 

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

Approved  March  31,  1908^. 


am2).S25 


Ax  Act  relative  to  the  use  of  water  for  humidify- 

IXG  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.     The  water  used  for  humidifying-  purposes  Purity  of 

1  n  ,  •  i*      '  i?      J.  water  used  in 

by  any  person,  nrm  or  corporation  operating  a  lactory  or  factories  and 
workshop,   shall  be  of  such  a  degree  of  purity  as  not  to  workshops,  etc. 
give  rise  to  any  impure  or  foul  odors,  and  shall  be  so  used 
as  not  to  be  injurious  to  the  health  of  persons  employed 
in  such  factories  or  workshops. 

Sectiox  2,     Any  person,  firm  or  corporation  violating  Penalty, 
any  provision  of  this  act  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  of  not  less  than  ten  nor  more  than  one 
thousand  dollars. 

Sectiox  3.     The  state  inspectors  of  health  shall,  under  Enforcement 
the  direction  of  the  state  board  of  health,  enforce  the  pro- 
visions of  this  act.  Approved  March  31,  1908. 

Ax  Act  to  provide  clerical  assistaxce  for  the  reg-  (7'/;f/n326 

ISTER    OF    probate    AXD    IXSOLVEXCY    FOR    THE    COUXTY 

OF  ha:mpshire. 
Be  it  enacted,  etc.,  as  follows: 

The  register  of  probate  and  insolvencv  for  the  countv  of  Clerical  assist- 

ox  It  ancc  to  rc2~ 

Hampshire  shall  annually  be   allowed  for  clerical   assist-  ister of  probate, 
ance  a  sum  not  exceeding  six  hundred  dollars,  which  shall  shire  county. 


286  Acts,  1908.  — Chaps.  327,  328,  329. 

be  paid  bv  the  coiiiiiionwealth  to  the  persons  who  actually 
perform  the  work,  upon  the  certificate  of  the  register,  coim- 
tersigned  h\  the  judge  of  probate  and  insolvency. 

Approved  March  31,  1908. 

Clldp.^'^l  ^  -A.CT  TO  AUTHORIZE  THE  REGISTER  OF  PROBATE  AND 
INSOLVENCY  FOR  THE  COUNTY  OF  BRISTOL  TO  EMPLOY 
ADDITIONAL    CLERICAL   ASSISTANCE. 

Be  it  enacted,  etc.,  as  follows: 

a)fce"'u!  kT^'  Section  1.  The  register  of  probate  and  insolvency  for 
bat"e"itr'^"  the  county  of  Bristol  shall  be  allowed,  in  addition  to  the 
Bristol  county,  auiount  iiow  allowcd  by  law,  a  sum  not  exceeding  five  hun 
dred  dollars  annually  for  clerical  assistance  actually  per- 
formed, to  be  paid  out  of  the  treasury  of  the  common- 
wealth upon  the  certificate  of  the  judge  of  probate  and 
insolvency  for  said  county. 

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

Approved  March  31,  190S\' 

Chccj).o2S  An  Act  to  provide  additional  clerical  assistance  for 
the  register  of  probate  for  the  county  of  berk- 
shire. 

Be  it  enacted,  etc.,  as  folloivs: 

aJfceTo  reg-^*'       Section  1.     The  register  of  probate  and  insolvency  for 
ister  of  pro-       fi^Q  couuty  of   Berkshire   shall   annually  be   allowed   for 

nute.  etc..  ,  "^  ,  ,        "^     , 

]<erkshire  clerical  assistance  a  sum  not  exceeding  six  hundred  dol- 
lars, which  shall  be  paid  by  the  commonwealth  to  the  per- 
sons who  actually  perform  the  work,  upon  the  certificate 
of  the  register,  countersigned  Ijy  the  judge  of  probate  and 
insolvency. 

Repeal.  Section  2.     So  luuch  of  scctiou  twcuty-cight  of  chap- 

ter one  hundred  and  sixty-four  of  the  Revised  Laws,  as 
amended  by  section  three  of  chapter  two  hundred  and 
eighty-six  of  the  acts  of  the  year  nineteen  hundred  and 
four,  as  is  inconsistent  herewith,  is  hereby  rej^ealed. 

Approved  March  31,  1008. 

Cha2).i^29  An  Act  relative  to  the  slaughter  of  animals  and  to 

THE   INSPECTION  AND   S-VLE   OF   CARCASSES   THEREOF. 

Be  it  enacted,  etc.,  as  follows: 
Sale,  etc..  of  Section   1.      The  salc,   offer  or  exix)sure  for  sale,  or 

animals  killed    (lelivcrv  for  usc  as  food,  of  the  carcass,  or  anv  part  or 

while  in  an  "  7^1 


county. 


Acts,  1908.  — Chap.  329.  287 

product   thereof,   of   any   animal   which   has  come  to   its  unhealthy  con- 
death  in  any  manner  or  by  any  means  otherwise  than  by  hibitedi"e°t'c. 
slaughter  or  killing  while  in  a  healthy  condition,  or  which 
at  the  time  of  its  death  is  unfit  by  reason  of  disease,  ex- 
haustion, abuse,  neglect  or  otherwise  for  nse  as  food,  or 
of  any  calf  weigliing  less  than  forty  pounds  wdien  dressed, 
with  head,  feet,  hide  and  entrails  removed,  is  hereby  de- 
clared to  be  unlaw^'ul  and  prohibited.     Whoever  sells  or  Penalty, 
offers  or  exposes  for  sale  or  delivers  or  causes  or  author- 
izes to  be  sold,  offered  or  exposed  for  sale  or  delivered  for 
use  as  food  any  such  carcass  or  any  part  or  product  thereof, 
shall  be  punished  by  fine  of  not  more  than  two  hundred 
dollars  or  by  imprisonment  for  not  more  than  six  months. 

Sectiox  2.  The  state  board  of  health  and  its  insj^ec-  Powers  and 
tors,  and  the  state  inspectors  of  health  and  all  boards  of  boards °pf 
health  of  cities  and  towns  and  their  inspectors,  officers,  spectors'retc. 
agents  and  assistants  in  their  resj^ective  districts,  shall 
have  and  exercise  the  same  powers  and  duties  in  and  for 
the  enforcement  of  this  act  as  are  at  any  time  conferred 
or  imposed  by  law  upon  any  board  of  health,  inspector, 
officer,  agent  or  assistant  in  respect  of  any  other  article  or 
sul)stance  the  sale  or  use  of  which  for  food  is  unlawful  or 
prohil)ited ;  and  it  shall  be  their  duty  to  seize  any  such  car- 
cass or  part  or  prodnct  thereof  as  described  in  section  one 
hereof,  and  cause  the  same  to  be  destroyed  forthwith  or 
<lisposed  of  otherwise  than  for  food ;  and  all  moneys  re- 
ceived ]jy  any  board  of  health  for  any  property  so  disposed 
of  shall,  after  deducting  the  expenses  of  such  seizure  and 
disposal,  be  paid  to  the  o-\\aicr  of  such  property  if  known. 

Section"  3.     Such  inspectors,  officers,  agents  and  assist-  To  visit  and 
ants  shall  visit  and  keep  nnder  observation  all  places  wdthin  obsenation 
their  respective  districts  at  which  neat  cattle,  sheep,  swine  '^^'' ^'^  p  ^"^• 
or  other  animals  intended  for  slaughter  or  for  sale  or  use 
as  food  are  delivered  from  transportation,  and  shall  have 
at  all  times  free  access  to  all  such  places  and  to  all  rail- 
road trains  or  cars  or  other  vehicles  in  which  such  animals 
may  be  transported,  for  the  purpose  of  preventing  viola- 
tions of  this  act  and  of  detecting  and  punishing  the  same. 

Sectiox  4.     The  state  insi-)ectors  of  health  in  their  re-  Powers  and 

-,.         .  11-  •  iiiiii      duties  of  in- 

spective  districts,  and  the  inspectors  appointed  by  the  state  spectors. 
board  of  health  for  duties  relative  to  the  sale  of  food  and 
drugs,  shall  have  the  same  rights,  powers  and  authority  for 
and  in  respect  of  the  inspection,  seizure  and  disposition  of 
all  carcasses,  meats  and  provisions  which  are  tainted,  dis- 


288 


Acts,  1908.  — Chap.  830. 


Slaughter 
houses  to  be 
under  super- 
vision of  state 
bo;u(l  of 
health,  etc. 


R.L.  75.  §  105, 
etc.,  amended. 


Not  to  apply  to 
certain  per- 
sons. 


Not  to  affect 
the  rights,  etc., 
of  certain 
boards,  etc. 


eased,  corrupted,  decayed,  unwholesome,  or  from  any  cause 
unfit  for  food,  or  the  sale  of  which  for  food  is  unlawful, 
as  are  conferred  by  sections  seventy  and  seventy-one  of 
chapter  fifty-six  and  by  section  one  hundred  and  two  of 
chapter  seventy-five  of  the  Revised  Laws,  or  by  other  laws, 
upon  boards  of  health  of  cities  and  towns  or  their  inspec- 
tors in  respect  of  the  articles  therein  specified  ;  witli  ])ower 
to  prosecute  all  offences  relating  thereto. 

Sp:ction  5.  In  addition  to  the  supervision  now  pro- 
vided for  by  la^v,  all  slaughter  houses  shall  be  under  the 
supervision  of  the  state  board  of  health  and  subject  to  in- 
spection by  the  state  inspectors  of  health  in  their  respec- 
tive districts. 

Section  6.  Section  one  hundred  and  five  of  chapter 
seventy-five  of  the  Revised  Laws,  as  amended  by  section 
two  of  chapter  three  hundred  and  twelve  of  the  acts  of  the 
year  nineteen  hundred  and  two,  and  by  section  two  of  chap- 
ter two  hundred  and  twenty  of  the  acts  of  the  year  nine- 
teen hundred  and  three,  is  hereby  further  amended  by 
striking  out  all  after  the  word  "  old  ",  in  the  seventh  line, 
so  as  to  read  as  follows:  —  Section  105.  The  provisions 
of  the  six  preceding  sections  shall  not  apply  to  a  person 
not  engaged  in  such  business,  who,  upon  his  own  premises 
and  not  in  a  slaughter  house,  slaughters  his  own  neat  cat- 
tle, sheep  or  swine,  but  the  carcass  of  any  such  animals 
shall  be  inspected  by  an  inspector  at  the  time  of  slaughter, 
unless  said  animal  is  less  than  six  months  old. 

Section  7.  !N^othing  in  this  act  shall  affect  or  impair 
the  rights,  powers  or  authority  of  any  board  or  officer  not 
herein  mentioned.  Approved  March  31,  1908. 


Chcij).'S30  An  Act  eeeative  to  the  disposition  of  fines  recov- 
ered IN  prosecutions  under  the  laws  relating  to 

FISUERIES,    BIRDS,   ANIMALS   AND  GAME. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  All  tines,  penalties  and  forfeitures  recov- 
ered in  prosecutions  under  the  laws  relative  to  fisheries  or 
to  birds,  animals  and  game,  except  as  provided  in  section 
eighty-eight  of  cha])tcr  ninety-one  of  the  Revised  Law^s,  as 
amended  by  section  one  of  chapter  three  hundred  and  three 
of  the  acts  of  the  year  nineteen  hundred  and  seven,  shall 
be  equally  divided  between  the  county  in  which  such  prose- 


Disposition  of 

certain  fines, 
etc. 


Acts,  1908.  — Chaf.  331.  289 

ciition  is  made  and  the  coininonwealth :  provided,  liowever,  Proviso, 
that  if  the  plaintiff  is  a  depntv  appointed  by  the  commis- 
sioners on  fisheries  and  game  and  is  receiving  compensa- 
tion from  the  commonwealth,  such  fines,  penalties  and 
forfeitures  shall  be  paid  into  the  treasury  of  the  common- 
wealth. 

Section  2.  Section  one  hundred  and  thirty-seven  of  ^^ep^^^- 
chapter  ninety-one  of  the  Revised  Laws  and  section  twenty 
of  chapter  ninety-two  of  the  Revised  La\vs,  as  amended  by 
chapter  four  hundred  and  forty-five  of  the  acts  of  the  year 
nineteen  hundred  and  five  and  by  chapter  three  hundred 
of  the  acts  of  the  year  nineteen  hundred  and  seven,  are 
hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  31,  1908. 

An   Act   relative   to   the   puksuit   and   shooting   of  (Jhn^  331 

WILD    FOWL    IN    CERTAIN    WATERS    OF    THE    TOWN    OF    ED-  -^ 

GARTOW'N. 

Be  it  enacted,  etc.,  as  follotvs: 

Section  1.     Xo  person  shall,  in  or  with  anv  boat,  hunt,  Pursuit,  etc., 

•  T  -,  I,        -,     .  ■.        :  -        ,  of  wild  fowl  in 

chase  or  pursue  any  wild  water-iowl  m  the  inner  harl)or  certain  waters 
of  Edgartown,  including  those  parts  known  as  Katama  l)ay  Edgartown 
and  Mattakessett  bay,  or  in  Cape  Poge  pond,  so-called,  in  "^^^  ^  '*^  ' 
Edgartowm,  or  in  that  part  of  the  outer  harbor  of  Edgar- 
town which  lies  southerly  or  easterly  of  a  straight  line 
drawn  from  Cape  Poge  lighthouse  to  and  through  and  on- 
ward from  the  harbor  lighthouse  of  Edgartown;  and  no 
person  shall  in  or  u]X)n  any  of  said  waters  shoot  at  any 
wild  water-fowl  from  any  boat  unless  said  boat  be  lying 
at  anchor  or  be  stationed  upon  the  shore  or  other  land  or 
upon  or  against  the  ice:  provided,  hoivever,  that  for  the  Proviso, 
purpose  of  killing  and  securing  any  wild  water-fowl  just 
wounded  by  him  or  his  companion,  in  lawful  shooting,  any 
person  may  pursue  such  wounded  fowl  with  a  boat,  pro- 
pelled by  oar  or  oars  only,  to  a  distance  not  exceeding  one 
hundred  yards  from  the  spot  where  the  same  was  wounded, 
and  may  shoot  the  same  from  said  boat  within  said  dis- 
tance. 

Section  2.     Whoever  violates  any  provision  of  this  act  Penalty, 
shall  be  punished  by  a  fine  of  not  less  than  five  or  more 
than  fifty  dollars.  Approved  March  31,  1908. 


290 


Acts,  1908.  —  Chap.  332. 


Chap.3'S2  Ax  Act  to  incokpokate  the  lo^'ci  ilill  cemetery  asso- 
ciation. 


The  Long  Hill 
Cemetery  Asso- 
ciation incor- 
porated. 


May  acquire, 
etc.,  necessary 
real  and  per- 
sonal property. 


Proviso. 


Membership. 


Net  proceeds 
of  sales  of  lotf 
etc.,  to  be  ap- 
plied to  im- 
provement, 
etc. 


Be  it  enacted,  etc.,  as  follows: 

SE("riox  1.  John  H.  Pillsbiirv,  Jacob  F.  Spalding, 
Samuel  W.  Weare,  Daniel  Gibbons,  John  Gibbons,  John  F. 
Smith,  Caleb  Pike,  George  A.  Dow,  Daniel  D.  Meades, 
Joseph  M.  Currier,  Will  S.  Rowe,  Amos  R.  Coffin,  William 
IT.  Greenleaf,  Israel  M.  True,  William  S.  Eaton,  George 
W.  Buswell,  Samuel  Stevens,  Perkins  Merrill  and  Joshua 
W.  Eaton,  their  associates  and  successors,  are  hereby  made 
a  corporation  by  the  name  of  the  Long  Hill  Cemetery  As- 
sociation, for  the  purpose  of  acquiring,  holding,  maintain- 
ing, improving  and  enlarging  for  a  place  of  burial  of  the 
dead  certain  land  set  apart  and  known  as  the  Long  Hill 
Cemetery,  situated  in  the  town  of  Salisbury.  The  said 
corporation  shall  have  all  the  powers  and  privileges  and 
shall  be  subject  to  all  the  restrictions  and  liabilities  set 
forth  in  all  general  laws  now  or  hereafter  in  force  appli- 
cable to  such  corporations. 

Section  2.  The  said  corporation  is  hereby  authorized 
to  acquire  possession  and  control  of  said  cemetery,  and  may 
purchase  from  time  to  time  and  may  acquire  by  gift,  be- 
quest, devise  or  otherwise,  and  may  hold,  so  much  real  and 
personal  property  as  may  be  necessary  or  appropriate  for 
the  purposes  of  said  association:  provided,  that  nothing 
herein  contained  shall  affect  the  individual  rights  of  pro- 
prietors in  said  cemetery. 

Section  3.  Only  persons  who  now  are  or  who  here- 
after become  proprietors  of  lots  in  the  land  included  in 
said  cemetery,  or  which  may  hereafter  be  included  in  said 
cemetery,  whether  by  deed  or  otherwise,  and  who  shall 
sign  the  by-laws  of  said  corporation,  shall  be  members  of 
the  corporation ;  and  whenever  any  person  shall  cease  to 
be  the  proprietor  of  a  lot,  or  of  an  interest  in  a  lot,  he 
shall  cease  to  be  a  member  of  the  corporation. 

Section  4.  The  net  proceeds  of  the  sale  of  lots  in  the' 
lands  of  the  corporation,  and  all  income  received  from  any 
(tther  source  by  said  corporation,  the  use  of  which  is  not 
determined  by  a  trust,  shall  be  a])plicd  to  the  care,  main- 
tenance, improvement  or  embellishment  of  its  cemetery 
and  of  the  structures  therein,  or  to  the  purchase  of  addi- 


Acts,  1908.  — Chap.  333.  291 

tional  land  for  cemetery  purposes,  and  to  the  payment  of 
current  and  incidental  expenses  of  the  cemetery,  and  to 
no  other  purpose. 

Section  5.  Said  corporation  is  authorized  to  take  and  qul^tg^'jjp' 
hold  any  grant,  gift  or  bequest  of  property  in  trust  given 
or  bequeathed  for  the  care,  protection,  embellishment,  im- 
provement or  extension  of  its  cemetery,  or  for  the  care,  em- 
bellishment, protection  or  improvement  of  any  lot  therein, 
or  for  the  care,  repair,  preservation  or  removal  of  any 
monument,  tomb,  fence  or  other  structure  therein,  or  for 
planting  a  lot  or  its  vicinity  with  trees  or  shrubs;  and 
when  such  gift  or  bequest  is  made  the  said  corporation 
may  give  to  the  person  making  the  same  or  to  his  repre- 
sentative an  obligation  binding  the  corporation  to  fulfill 
the  terms  of  the  trust. 

Section  6.  Said  corporation  may  by  its  by-laws  pro-  officers,  care 
vide  for  such  officers  as  may  be  necessary,  and  may  define  ^^^^^^^^'^^y- 
their  powers  and  duties,  and  may  also  provide  for  the  care 
and  management  of  the  cemetery  and  for  the  sale  of  lots 
therein,  and  for  the  management  of  any  funds  which  it 
may  hold,  and  for  any  other  matters  incident  to  the  pur- 
poses of  the  corporation. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  31,  1908. 


An  Act  relative  to  the  exposure  of  photographic  (Jhan.^^^ 
plates  and  films  on  the  lord's  day. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  provisions  of  section  two  of  chapter  Exposure  of 
ninety-eight  of  the  Revised  Laws,  as  amended  hj  section  phTtes^e^tc'l'on 
two  of  chapter  four  hundred  and  sixty  of  the  acts  of  the  reluifted.^  ^^^ 
year  nineteen  hundred  and  four,  shall  not  be  held  to  pro- 
hibit the  exposure   of  photographic   plates   and  films   for 
pleasure  on  the  Lord's  day:  provided,  Jwwever,  that  the  Proviso, 
pictures  to  be  made  therefrom  are  not  intended  for  sale, 
and  are  not  sold. 

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

Approved  April  1,  1908. 


292 


Acts,  1908.  — Chats.  334,  335. 


Removal,  etc. 
of  human  re- 
mains from 
certain  land 
in  city  of 
Fall  River. 


C/kiJ).'S34:  An  Act  to  authorize  the  first  baptist  society  of 
fall  river  to  remove  human  remains  from  and  dis- 
pose of  certain  re.\i>  estate  situated  in  fall  river. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  First  Baptist  Society  of  Fall  River, 
at  its  own  expense  and  subject  to  the  supervision  and  di- 
rection of  the  oihcials  of  the  city  of  Fall  River  having 
charge  of  the  burial  and  removal  of  dead  bodies  in  said 
city,  may  cause  all  human  remains  to  be  removed  from 
the  lot  or  parcel  of  land  situated  on  the  easterly  side  of 
County  street  in  Fall  River  lying  next  south  of  and  ad- 
joining land  of  the  Arctic  Ice  and  Cold  Storage  Company, 
containing  about  one  half  an  acre  and  being  the  same  con- 
veyed by  John  Richmond  to  Martin  Boomer  and  others 
by  deed  dated  February  7,  1789,  recorded  in  the  Fall 
River  district  deeds,  book  B,  page  107 ;  and  in  case  of 
such  removal  shall  cause  such  remains  to  be  re-interred  in 
a  proper  and  suitable  manner  in  some  public  cemetery  in 
Fall  River  and  may  purchase  therein  a  burial  lot  for  that 
purpose. 

Section  2.  Said  First  Baptist  Society,  if  so  authorized 
by  vote  of  the  First  Baptist  Church  connected  therewith, 
may  sell  at  public  or  private  sale  said  parcel  of  land  on 
County  street,  and  may  give  to  the  purchaser  or  purchasers 
thereof  a  good  title,  free  and  discharged  of  any  trust  for 
rights  of  burial  or  otherwise,  and  the  proceeds  of  such  sale 
shall  be  used  for  the  purchase  of  such  burial  lot  and  for 
the  re-interment  of  the  said  remains,  and  the  remainder 
for  the  meetinghouse  of  said  society. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  1,  1908. 

ChapJ^^B  An  Act  relative  to  the  use  of  buildings  as  theatres 

AND   PUBLIC   HALLS. 


Disposition  of 
money  re- 
ceived from 
sale  of  land. 


No  buildinK 
etc.,  to  be 
used  a.s  a 
theatre,  etc. 
without  a  li- 
cense, etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  JS'o  person  shall  occu])y  or  use  any  build- 
ing or  ])art  thereof  as  a  theatre,  public  hall,  place  of  pub- 
lic entertainment  or  assemblage,  or  place  of  public  resort 
until  a  license  therefor  has  been  obtained  from  the  chief 
of  the  district  police,  or  a  certificate  theref(»r  from  an  in- 
spector of  factories  and  public  buildings.  Such  license  or 
certificate  shall  be  posted  in  a  conspicuous  place  near  the 


courts 
.uris- 
lon. 


Acts,  1908.  — Chaps.  336,  337.  293 

main   entrance   to   such   theatre,    hall,    room   or   building. 
Anj  person  violating  any  provision  of  this  section  shall  Penalty, 
be  punished  by  a  fine  of  not  less  than  twenty-five  nor  more 
than  one  thousand  dollars. 

Section  2.  Any  licensee  who  violates  the  conditions  of  vkJialiM  of 
a  license  granted  by  the  chief  of  the  district  police  in  ac-  i-°gnle°"^  °^ 
cordance  with  the  provisions  of  chapter  four  hundred  and 
fifty  of  the  acts  of  the  year  nineteen  hundred  and  four, 
of  chapter  three  hundred  and  forty-two  of  the  acts  of  the 
year  nineteen  hundred  and  five,  or  of  chapter  one  hundred 
and  five  of  the  acts  of  the  year  nineteen  hundred  and  six, 
may  be  punished  by  a  fine  of  not  less  than  twenty-five  nor 
more  than  one  thousand  dollars,  or  by  imprisonment  for 
not  more  than  one  year,  and  his  license  may  be  revoked 
as  provided  in  said  chapters. 

Section  3.     Police,  district  and  municipal  courts  shall  f^ "a'"! 
have  jurisdiction  of  prosecutions  and  proceedings  at  law  '^^'^^ 
under  the  provisions  of  this   act,   concurrently  with   the 
superior  court. 

Section  4.      This  act  shall  not  apply  to  the  city  of  Sof  BostVn° 
Boston.  Approved  April  1,  1908. 

An  Act  relative  to  passageways  in  theatees.  CV/aw.336 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  hundred  and  eleven  of  chapter  iso".  sso, 
five  hundred  and  fifty  of  the  acts  of  the  year  nineteen  hun-  amended, 
dred  and  seven  is  hereby  amended  by  striking  out  the  word 
"  passageway  ",  in  the  fifth  paragraph,  so  that  said  para- 
graph will  read  as  follows :  —  iSTo  temporary  seats  or  other  Temporary 
obstructions  shall  be  allowed  in  any  aisle,  or  stairway  of  mfttole" 
a  theatre,  and  no  person  shall  remain  in  any  aisle  or  stair-  aisles,  eTc. 
way  of  any  such  building  during  any  performance. 

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

Approved  April  1,  1908. 

An  Act  relative  to  the  vaccination  of  infants.       CJiap.3^7 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  hundred  and  thirty-six  of  chap-  Repeal. 
ter  seventy-five  of  the  Revised  Laws,  relative  to  the  vac- 
cination  of  children   under  two  years  of  age,   is  hereby 
repealed. 

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

Approved  April  1,  1908. 


294 


Acts,  1908.  —  Chaps.  338,  339. 


R.  L.  167,  §  25, 
amended. 


Return  days 
of  certain 
courts. 


Chajj.ooo  Ax  Act  relative  to  the  place  of  return  of  writs 

AND     processes     ISSUING     FROM     POLICE,     DISTRICT     AND 
MUNICIPAL    COURTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-five  of  chapter  one  hundred 
and  sixty-seven  of  the  Revised  Laws  is  hereby  amended  by 
adding  at  the  end  thereof  the  words :  —  When  the  court 
is  required  to  be  held  at  two  or  more  places,  writs  shall  be 
made  returnable  at  the  place  where  the  clerk's  office  is 
kept,  except  that  when  the  regular  session  of  the  court  for 
the  trial  of  civil  cases  is  held  upon  the  return  day  at  a 
place  other  than  that  where  the  clerk's  office  is  kept,  such 
writs  may  be  made  returnable  at  the  place  where  such 
session  is  held,  and  notices  and  citations  may  be  made 
returnable  at  any  place  appointed  by  law  for  holding  the 
court,  —  so  as  to  read  as  follows :  —  Section  25.  Satur- 
day of  each  week  shall  be  the  return  day  for  writs,  proc- 
esses, notices  to  appear  and  citations  in  all  civil  actions 
and  proceedings  in  police,  district  and  municipal  courts ; 
but  said  courts  may  make  them  returnable  at  other  times. 
^^^len  the  court  is  required  to  be  held  at  two  or  more 
places,  writs  shall  be  made  returnable  at  the  place  where 
the  clerk's  office  is  kept,  except  that  when  the  regular  ses- 
sion of  the  court  for  the  trial  of  civil  cases  is  held  upon 
the  return  day  at  a  place  other  than  that  where  the  clerk's 
office  is  kept,  such  writs  may  be  made  returnable  at  the 
place  where  such  session  is  held,  and  notices  and  citations 
may  be  made  returnable  at  any  place  appointed  by  law 
for  holding  the  court. 

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

Ajjproved  April  1,  1908. 

CJfap.3ii9  An  Act   to   facilitate   the   inspection   of   wires   in 

BUILDINGS   IN   THE    CITY  OF   BOSTON, 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  cha])ter  two  hundred  and  sixty-eight  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-eight  is 
hereby  amended  by  adding  at  the  end  thereof  the  words: 
—  Any  person,  firm  or  corporation  failing  to  notify  the 
commissioner  of  wires  of  the  installing  of  wiring  or  appa- 
ratus for  electric  light,  heat  or  power  purposes  as  herein- 


1898,  268, 
amended. 


Acts,  1908.  — Chaps.  340,  341.  295 

before  provided,  shall  be  subject  to  a  fine  of  not  less  than 
ten  nor  more  than  fifty  dollars  for  each  offence,  —  so  as 
to  read  as  follows: — Section  1.     Every  corporation  or  Persons,  etc., 

.  T  .  T       .  \     ,  proposing  to 

person  proposing  to  place  wires  designed  to  carry  a  cur-  place  electric 
rent    of   electricity    within    a    building   shall    give    notice  buUdin'^s  to 
thereof  to  the  commissioner  of  wires  of  said  city  before  mis'swneTi'f 
commencing  the  work ;  and  shall  not  turn  the  current  on  ^'^^^'  ^^'=- 
to  wnres  that  are  to  be  used  for  electric  lighting,  heating 
or  ]X)wer  until  permission  to  do  so  has  been  given  by  said 
commissioner.     Any  person,  firm  or  corporation  failing  to  Penalty, 
notify  the  commissioner  of  wires  of  the  installing  of  wir- 
ing or  apparatus  for  electric  light,  heat  or  power  purposes 
as  hereinbefore  provided,  shall  be  subject  to  a  fine  of  not 
less  than  ten  nor  more  than  fiftv  dollars  for  each  offence. 

Approved  April  1,  1908. 

Ax  Act  to  amexd  the  charter  of  the  trustees  of  (7/(»rt».340 

THE   BOSTOX   COLLEGE   IX   BOSTOX. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.      The  corporate  name  of  The  Trustees  of  Name  changed, 
the  Boston  College  in  Boston,  incorporated  by  chapter  one 
hundred  and  twenty-three  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-three,  is  hereby  changed  to  the  Trustees 
of  Boston  College. 

Section  2.      Said  corporation  may  grant  medical  de-  May  grant 
grees  to  students  properly  accredited  and  recommended  by  grees. 
its  faculty:  provided,  however,  that  the  course  of  instruc-  Proviso, 
tion  furnished  by  the  corporation  for  candidates  for  such 
degrees  shall  occupy  not  less  than  three  years. 

Section  3.     Section  three  of  said  chapter  one  hundred  amende"!'  ^  ^' 
and  twenty-three  is  hereby  amended  by  striking  out  the 
words,    "  provided,  that   the  clear   annual   income   of  the 
same  shall  not  exceed  thirty  thousand  dollars  ",  in  the  la.st 
two  lines  of  said  section. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  1,  1908. 

An  Act  relative  to  the  indebtedness  of  cities  and  CIiuv.^AX 

TOWX^S. 

Be  it  enacted,  etc.,  as  follotvs: 

Section   1.      Section   thirteen   of  chapter  twenty-seven  R-  l.  27,  §  13, 
of  the  Revised  Laws  is  herebv  amended  bv  strikino'  out 


296  Acts,  19U8.  — Chap.  341. 

the  words  "  annual  proportionate  ",  in  the  third  line,  and 
inserting  in  place  thereof  the  words:  —  proportionate  or 
other  annual,  —  by  inserting  after  the  word  "  maturity  ", 
in  the  fourth  line,  the  words :  —  but  so  that  the  amount  of 
such  annual  payment  in  any  year  and  the  whole  interest 
of  such  debt  payable  in  the  same  year  shall  not  together 
be  less  than  the  aggregate  amount  of  principal  and  inter- 
est payable  in  any  subsequent  year,  —  and  by  striking  out 
the  word  "  proportion  ",  in  the  fourth  line,  and  inserting 
in  place  thereof  the  word :  —  amount,  —  so  as  to  read  as 
Proportionate    follows :  —  SecHon  13.     A  citv  or  town,  instead  of  estab- 

or  other  an-         i-t-  •     ^   •  c         ^  '''  -ir- 

nuai  payments  hshiug  a  Sinking  fuiid,  may  vote  to  provide  for  the  pay- 

in  lieu  of  <ZD  ^  i>  i  _L     i' 

sinking  fund,  mcut  of  any  debt  by  such  proportionate  or  other  annual 
payments  as  will  extinguish  the  same  at  maturity,  but  so 
that  the  amount  of  such  annual  payment  in  any  year  and 
the  whole  interest  of  such  debt  payable  in  the  same  year 
shall  not  together  be  less  than  the  aggregate  amount  of 
principal  and  interest  payable  in  any  subsequent  .year,  and 
thereupon  such  annual  amount  shall,  without  further  vote, 
be  assessed  under  the  provisions  of  section  thirty-seven  of 
chapter  twelve  until  such  debt  is  extinguished. 
Siiended^^'  Section  2.     Chapter  twenty-seven  of  the  Revised  Laws 

is  hereby  further  amended  by  striking  out  section  five  and 
f^r^mun^icipli*^  inserting  in  place  thereof  the  following:  —  Section  5.  A 
Ughting  pur-  pjfy  qj.  fowu  uiav,  iu  tlic  maimer  and  to  the  extent  pro- 
poses. •  -^  '  •Till 

vided  in  chapter  thirty-four,  incur  debt  outside  the  debt 
limit  prescribed  in  this  chapter,  for  the  purpose  of  estab- 
lishing, purchasing,  reconstructing,  extending  or  enlarging 
a  gas  or  electric  light  plant  within  its  limits. 

ame'nde^d  ^  ^^'  Section  3.  Scctioii  ten  of  chapter  twenty-eight  of  the 
Revised  Laws  is  hereby  amended  by  inserting  after  the 
word   "expended",  in  the  second  line,  the  words:  —  or 

Public  Park  appropriated,  —  so  as  to  read  as  follows:  —  Section  10. 
A  city  council  may  issue  from  time  to  time,  and  to  an 
amount  not  exceeding  the  sum  actually  expended  or  ap- 
propriated for  the  purchase  or  taking  of  land  for  parks, 
bonds  or  certificates  of  debt,  to  be  denominated  on  the  face 
thereof  "  public  park  loan  ",  bearing  such  interest  and 
payable  at  such  times  as  may  be  determined  by  said  city 
council,  which  shall  establish  a  sinking  fund  sufficient, 
with  the  accumulating  interest,  to  provide  for  the  payment 
of  such  loan  at  maturity.  All  amounts  received  for  better- 
ments which  accrue  by  the  laying  out  of  ])arks  under  the 


Loan 


Acts,  1908.  — Chaps.  342,  343.  297 

provisions  of  this  chapter  shall  be  paid  into  such  sinking- 
fund. 

Seqtion  4.  Chapter  thirty-four  of  the  Revised  Laws  R.  l.  34,  §  7, 
is  hereby  amended  by  striking  out  section  seven  and  in- 
serting in  place  thereof  the  ioWowing:  —  Section  7.  A  J-^^^f  Aonds 
city  or  town  may,  by  a  vote  taken  as  prescribed  in  section  ^^^^^^l"^^  p"*"" 
eight  of  chapter  twenty-seven,  issue  bonds  for  the  purpose 
of  establishing,  purchasing,  reconstructing,  extending  or 
enlarging  such  a  plant.  The  whole  amount  of  bonds  so 
issued  and  outstanding  at  any  one  time  shall  not,  at  the 
par  value  thereof,  exceed  five  per  cent  of  the  valuation  of 
the  town  or  two  and  one  half  per  cent  of  the  valuation  of 
the  city,  according  to  the  last  preceding  valuation  for  the 
assessment  of  taxes,  of  the  taxable  jiroperty  therein.  In 
ascertaining  the  amount  of  such  bonds  so  outstanding  the 
amount  of  the  sinking  fund  applicable  solely  to  payment 
of  the  bonds  shall  be  deducted.  Such  bonds  shall  be  pay- 
able within  thirty  years,  shall  bear  interest  at  a  rate  not 
exceeding  five  per  cent  per  annum,  and  shall  not  be  dis- 
posed of  for  less  than  par  and  accrued  interest.  The  in- 
debtedness created  by  the  issue  of  such  bonds  shall  not  be 
subject  to  the  provisions  of  chapter  twenty-seven,  except 
section  twelve  thereof. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  2,  1908. 

Ax  Act  kei^ative  to  the  state  i>ibrary.  CJfCip.34:'2 

Be  it  enacted,  etc.,  as  follows: 

There  shall  be  allowed  and  paid  out  of  the  treasury  of  messenger 
the  commonwealth  a  sum  not  exceeding  one  thousand  dol-  '^^■'^'"^^• 
lars,  in  addition  to  the  amount  now  provided  by  law,  for 
clerical  and  messenger  service  in  the  state  library. 

Approved  April  3,  190S. 

An  Act  relative  to  the  delivery  of  ice  cream  on  the  Chap.34:S 
lord's  day. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.      The  provisions  of  section  two  of  chapter  Delivery  of  ice 
ninety-eight  of  the  Revised  Laws,  as  amended  by  section  Lords  day 
two  of  chapter  four  hundred  and  sixty  of  the  acts  of  the  ^""^'  ^  ' 


298 


Acts,  1908.  — Chaps.  344,  345. 


year  nineteen  hundred  and  four,  shall  not  ap]il_y  to  the 
delivery  of  ice  cream  on  the  Lord's  day. 

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

Approved  April  3,  1908. 


Chap.'d44:  An   Act   to   permit  an   increase   of   the   number  of 

TROOPS  OF  CAVALRY  OF  THE  VOLUNTEER  MILITIA  IN 
TIME  OF  PEACE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-three  of  chapter  four  hun- 
dred and  sixty-five  of  the  acts  of  the  year  nineteen  hundred 
and  five  is  hereby  amended  by  striking  out  the  word 
"  three  ",  being  the  second  word  of  the  third  line  of  said 
section,  and  inserting  in  place  thereof  the  word :  —  four, 
—  so  as  to  read  as  follows:  —  Section  23.  In  time  of 
peace,  the  volunteer  militia  shall  consist  of  not  more  than 
seventy-two  companies  of  infantry ;  four  troops  of  cavalry ; 
three  batteries  of  field  artillery;  one  signal  corps;  one  hos- 
pital corps ;  two  corps  of  cadets ;  and  one  naval  brigade. 

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

Approved  April  3,  1908. 


1905,  465,  §  23, 
amended. 


Strength  of 
volunteer 
militia  in  time 
of  peace. 


Chap.34:t)  An  Act  relative  to  the  nomination  of  senator  from 

THE  FIRST  WORCESTER  DISTRICT,  AND  TO  THE  ELECTION 
of  members  of  state  POLITICAL  COMMITTEES  FROM 
SAID  DISTRICT. 

Be  it  enacted,  etc.,  as  jolloivs: 

Section  1.  dominations  by  political  parties  of  candi- 
dates for  state  senator  from  the  first  Worcester  district 
shall  be  made  in  caucuses  by  direct  plurality  vote. 

Section  2.  Members  of  state  political  committees  from 
said  district  shall  be  elected  by  direct  plurality  vote  in  the 
caucuses  held  for  nominating  a  senator  from  said  district. 

Section  3.  All  provisions  of  law  relative  to  caucuses 
of  political  parties  and  to  nominations  and  elections  in 
caucuses  l)y  direct  plurality  vote  and  to  ballots,  returns, 
and  the  duties  of  city  clerks  and  registrars,  so  far  as  they 
are  applicable,  shall  apply  to  caucuses  and  elections  held 
in  accordance  with  the  provisions  of  this  act. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  3,  1908. 


Nomination  of 
candidates  for 
senator,  first 
Worcester 
district. 

State  political 
committees. 


Certain  pro- 
visions of  law 
to  apply. 


Acts,  1908.  — Chaps.  346,  347.  299 


An  Act  eelative  to  the  first  universalist  society  CJiap.34:6 

OF  MIDDLETON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  First  Universalist  Society  of  Middle-  The  First  Uni- 
ton  is  hereby  authorized  to  sell  and  convey  its  real  estate  ciety  of  Middle- 
situated  on  Boston  street  in  Middleton,  and  to  deposit  the  etc. .'certain ' 
net  proceeds  of  the  sale,  in  the  name  of  the  said  society,  ^^^^  estate. 
in  a  savings  bank  located  in  the  county  of  Essex.     The 
said  proceeds  shall  be  used  for  religious  purposes  only. 

Section  2.  The  officers  elected  by  said  society  at  a  Election  of 
meeting  held  on  the  seventeenth  day  of  October,  nineteen  firmed,  etc. 
hundred  and  seven,  are  hereby  confirmed  as  the  duly 
elected  officers  6i  the  society,  and  they  may  by  vote  desig- 
nate some  person  or  persons  to  sign  in  the  name  of  the 
society  all  deeds  or  other  instruments  necessary  to  carry 
out  the  purposes  of  this  act. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  3,  1908. 

An  Act  to  provide  for  removing  or  placing  under-  C7i(ip.S47 

GROUND    certain    WIRES    AND    ELECTRICAL    APPLIANCES 
IN  THE    CITY  OF   BOSTON. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  In  the  month  of  January  in  the  year  nine-  Certain  wires, 
teen  hundred  and  ten,  and  in  the  month  of  January  in  placed  under- 
each  year  thereafter  to  and  including  the  year  nineteen  ^™"" 
hundred  and  nineteen,  the  commissioner  of  wires  in  the 
city  of  Boston  shall  prescribe,  and  give  public  notice 
thereof  as  required  in  section  two  of  chapter  four  hundred 
and  fifty-four  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four,  not  more  than  two  miles  of  streets,  ave- 
nues or  highways  or  parts  thereof  in  said  city  outside  of 
the  sections  of  the  city  already  prescribed  under  the  au- 
thority of  said  chapter  four  hundred  and  fifty-four,  and 
of  chapter  two  hundred  and  forty-nine  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-eight,  within  which  parts 
of  streets,  avenues  or  highways  all  wires,  cables  and  con- 
ductors, except  feed  and  return  wires  of  street  railways 
placed  or  carried  in  or  upon  subways,  tunnels  or  elevated 
structures,  and  except  such  other  wires  as  are  also  excepted 


Boo 


Acts,  1908.  — Chap.  347. 


Location  of 
new  poles,  etc. 


in  said  chapter  four  hinulred  and  fifty-fonr,  sliall,  during 
that  cak'udar  year  be  removed  or  phiced  underground,  and 
said  commissioner  of  wires  shall  cause  the  owners  or  users 
of  such  wires,  cables  and  conductors  to  remove  or  place 
them  underground,  and  also  to  remove  any  poles  or  struc- 
tures in  such  prescribed  parts  of  said  streets,  avenues  or 
highways  used  to  support  such  wires,  cables  or  conductors, 
except  posts  used  exclusively  for  the  support  of  fire  alarm 
and  police  sigiial  boxes,  and  such  })oles  or  posts  as  are  also 
excepted  in  said  clia})ter  four  hundred  and  iifty-four,  and 
except  when  in  the  judgment  of  said  commissioner  it  is 
impracticable  or  inexpedient  to  remove  such  wires,  cables, 
conductors,  poles  or  structures. 

Sectio:n^  2.  Wherever  compliance  with -the  order  or 
grant  of  the  said  commissioner  under  authority  of  this  act 
or  of  prior  acts  has  deprived  or  shall  deprive  the  owners 
or  users  of  wires,  cables,  conductors,  poles  or  structures  of 
necessary  facilities  for  the  distribution  of  their  service 
from  said  prescribed  streets  to  users  in  the  vicinity  of  such 
streets,  it  shall  be  the  duty  of  said  commissioner,  and  he 
shall  have  the  exclusive  authority  to  give  to  the  company 
owning  or  using  such  wires  a  writing  specifying  where 
such  poles  may  be  located  in  such  streets  in  the  vicinity  of 
said  prescribed  streets  as  may  in  his  judgment  be  necessary 
for  the  distribution  of  said  service.  Such  writing  shall 
also  specify  the  kind  of  poles,  the  height  at  which  and  the 
places  where  the  wires  may  be  run,  and  shall  be  given 
only  after  a  hearing  before  the  commissioner  in  the  same 
manner  and  after  similar  notice  to  abutters  as  are  pre- 
scribed in  chapter  two  hundred  and  thirty-seven  of  the 
acts  of  the  year  nineteen  hundred  and  three. 

Section  3.  The  commissioner  of  wires  is  hereby  au- 
thorized to  make  such  rules  and  regulations  relating  to  the 
installation  of  overhead  and  underground  wires,  cables, 
conductors  and  appliances  as  may  be  reasonably  necessary 
for  the  purposes  of  saf(>ty. 
Purpose  of  act.  Skction  4.  It  is  the  purjxjsc  of  this  act  to  cause  the 
removal  of  certain  wires,  cables,  conductors  and  ])oles  or 
structures  from  twenty  miles  of  streets  in  addition  to  the 
streets  prescribed  under  authority  of  said  chapters,  and  all 
th(^  terms,  conditions,  provisions,  requirements,  powers,  re- 
strictions and  exemptions  of  the  said  acts  not  inconsistent 


Rules  and 
regulations 


Acts,  1908.  — Chaps.  348,  849,  350.  301 

herewith  are  hereby  extended  to  and  made  a  part  of  this 
act. 

Section  5.     This  act  shall  take  effect  npon  its  passage. 

Approved  April  3,  1908. 

An  Act  to  authorize  the  cleek  of  the  second  dis-  (7/i«r>.348 

TEICT    court    of   EASTERN    MIDDLESEX    TO   EMPLOY    TEM- 
PORARY  CLERICAL  ASSISTANCE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  one  hundred  and  ninety-five  of  the  i906, 195,  §  1, 

^  .  Ill  1        •         •        1  1         amended. 

acts   01    the   year   nineteen    hnndred    and    six    is    hereby 
amended  by  striking  ont  section  one  and  inserting  in  place 
thereof  the  following:  —  Sectio)i  1.     The  clerk  of  the  sec-  clerical  assist- 
ond  district  court  of  eastern  Middlesex  may  annually  ex-  second  district 
pend  a  sum  not  exceeding  three  hnndred  and  fifty  dollars  eastern 
for  clerical  assistance  in  his  oflice,  which  shall  be  paid  by 
the  county  treasurer  upon  a  bill  approved  by  the  court. 
Section  2.     This  act  shall  take  effect  npon  its  passage. 

Approved  April  3,  1908. 


Middlesex. 


Chap.34:9 


An  Act  to  authorize  the  treasurer  of  the  county 
of  hampden  to  employ  clerical  assistance. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  treasurer  of  the  county  of  Hampden  ciencai  assist- 
shall  annually  be  allow^ed  from  the  treasury  of  the  county  urer,  county 
for  clerical  assistance  such  sum,   not  exceeding  six   hun-  °     ^^'^  ^'^' 
dred  dollars,  as  may  be  approved  by  the  county  commis- 
sioners of  said  county. 

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

Approved  April  3,  1908. 

An    Act    relative    to    the    carrying    of    concealed  Chap.350 

weapons. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  two  of  chapter  one  hundred  and  ame^nded"'  ^  ^' 
seventy-two  of  the  acts  of  the  year  nineteen  hundred  and 
six  is  hereby  amended  by  striking  out  the  word  "  ten  ", 
in  the  seventh  line,  and  inserting  in  place  thereof  the  word  : 
—  twenty-five,  —  so  as  to  read  as  follows:  —  Section  2.  Penalty  for 

^  '  ,  ,  carrying  con- 

Whoever,  except  as  provided  by  the  laws  of  this  common-  ceaied  weapon 


302  Acts,  1908.  — CiiArs.  351,  352,  353. 


mission. 


without  per-  wealth,  carries  on  his  person  a  loaded  pistol  or  revolver, 
without  authority  or  permission  as  provided  in  section  one 
of  this  act,  or  whoever  carries  any  stiletto,  dagger,  dirk- 
knife,  slung-shot  or  metallic  knuckles,  shall  upon  convic- 
tion be  punished  by  a  fine  of  not  less  than  twenty-five  nor 
more  than  one  hundred  dollars,  or  by  imprisonment  for  a 
term  not  exceeding  one  year,  or  by  both  such  fine  and  im- 
prisonment. 
U)  blfcon-^*''"  Section  2.  Whenever  any  person  is  convicted  of  carry- 
fiscated.  ing  a  pistol,  revolver  or  other  weapon  or  article  contrary 

to  the  provisions  of  section  two  of  said  chapter  one  hun- 
dred and  seventy-two,  the  weapon  or  article  so  carried  by 
him  shall  be  confiscated  to  the  use  of  the  commonAvealth. 

Approved  April  3,  1908. 

Chap.351  Ax  Act  to  establish  the  salary  of  the  copyist  of 

THE   SECOXD   district    COURT    OF   BRISTOL. 

Be  it  enacted^  etc.,  as  follows: 
Salary  of  copy-       Sectiox  1.     The  aniiual  salary  of  the  copyist  of  the 
district  court     sccoud  district  court  of  Bristol  shall  be  eight  hundred  dol- 
lars, to  be  so  allowed  from  the  first  day  of  January  in  the 
year  nineteen  hundred  and  eight. 

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

Approved  April  3,  1908. 

Char>.352  Ax  Act  to  provide  for  additioxal  clerical  assistaxce 

FOR  THE   TREASURER   OF   THE    COUNTY   OF   WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Clerical  assist-  Sectiox  1.  The  treasurer  of  the  county  of  Worcester 
o" worce^ter'''^  shall  annually  be  allowed  for  clerical  assistance  such  sum, 
county.  ^^^^  exceeding  one  thousand  dollars,  as  may  be  approved 

by  the  county  commissioners  of  said  county. 

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

Approved  Apiil  3,  1908. 


ClKin.''^^^  Ax  Act  to  establish  the  compensation  of  traverse 
JURORS  e:mpanelled  to  try  cases  of  murder  in  the 

FIRST   degree. 

Be  it  enacted,  etc.,  as  follows: 
Traverse  jurors,       Sectiox  1.     Travcrsc  iurors  empancllcd  to  try  cases  of 

compensation,  ,.,„  iin  •  '  i.' 

etc.  murder  m  the  first  degree  shall  receive  as  compensation 


Acts,  1908.  — Chaps.  354,  355.  303 

five  dollars  for  each  day's  service,  and  eight  cents  a  mile 
for  travel  from  and  to  their  homes  at  the  beginning  and 
end  of  the  trial,  and  the  amount  of  the  expenses  neces- 
sarily incurred  by  them  for  transportation  by  railroad  or 
stage  from  their  homes  to  the  court  and  return,  in  excess 
of  the  said  allowance  for  travel. 

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

Approved  April  3,  1908. 

Ax   Act  to  authorize   posts  of  the  grand  army  of  (JhartS^D^ 

THE    REPUBLIC    TO    PARADE    WITH    MUSIC    ON    MEMORIAL 
SUNDAY. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.      It   shall   be   lawful   for   any   post  of  the  ^°*^^^^^^ 
Grand  Armv  of  the  Republic  to  parade  with  music  on  the  parade  with" 

-,  i-'iii-i  ,        (•    l^  ^    mvisic  on  nie- 

day  designated  by  the  national  encampment  oi  the  grand  monai  Sunday. 
army  as  memorial  Sunday  next  preceding  memorial  day, 
for  the  special  purpose  of  attending  divine  service  on  that 
day:  provided,  however,  that  the  music  shall  be  suspended 
in  passing  within  two  hundred  feet  of  any  place  of  pub- 
lic worship  in  which  services  are  being  held. 

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

Approved  April  3,  1908. 

An  Act  to  provide  for  increased  accommodation  for  CJictp.SoS 

the  police  court  of  LYNN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     For  the  purpose  of  purchasing  land  and  TOnmVodiTdon 
constructing  thereon  an  annex  to  its  police  station  build-  court  oF"''*'^ 
ing  for  the  accommodation  of  the  police  court  of  Lynn  Lynn,  etc. 
and  of  such  other  courts  as  may  at  any  time  sit  there,  the 
city  of  Lynn  may  incur  indebtedness  to  an  amount  not 
exceeding  fifty  thousand  dollars  beyond   the  limit  of  in- 
debtedness fixed  by  law,  and  may  from  time  to  time  issue 
bonds,  notes  or  scrip  therefor,  payable  at  periods  not  ex- 
ceeding twenty  years  from  the  dates  of  issue,  and  bear- 
ing interest  at  a  rate  not  exceeding  four  and  one  half  per 
cent  per  annum. 

Section  2.     LTpon  the  completion  of  the  said  structure,  Rental, 
the   county   commissioners   of   the   county   of   Essex   shall 
cause  the  police  court  of  Lynn  to  occupy  the  premises,  and 
shall  pay  to  the  city  of  Lynn  as  an  annual  rental  therefor 


304 


Acts,  1908.  — Chap.  356. 


K.  L.  49,  §  15, 
etc.,  amended 


an  amount  not  exceeding'  eight  jter  cent  <»f  the  total  cost 
of  said  structure  and  of  any  hind  used  th(>r(>for, 
k.mi'"*^"^"^  Section  >].     In  order  to  provide  for  the  paymeut  of  the 

securities  issued  under  authority  hereof,  the  city  shall  pro- 
vide a  sinking  fund  in  the  manner  specified  in  section 
twelve  of  chapter  twenty-seven  of  th(^  Revised  Laws,  or 
shall,  at  the  time  of  making  said  loan,  provide  for  the  ]iay- 
nient  thereof  in  such  annual  payments  as  will  extinguish 
the  same  within  the  time  prescribed  hy  this  act ;  and  there- 
after, without  further  action  by  the  city,  the  amount  re- 
quired for  such  payments  shall  annually  be  assessed  by  the 
assessors  of  the  city  in  the  same  manner  in  wdiich  other 
taxes  are  assessed,  until  the  debt  is  extinguished. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  3,  1908. 

Chap.35Q  An  Act  relativp:  to  the  apportionment  of  sewer  as- 
sessments AND  THE  PAYMENT  OF  INTEREST  THEREON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fifteen  of  chapter  forty-nine  of  the 
Revised  Laws,  as  amended  by  section  one  of  chapter  one 
hundred  and  seventy-seven  of  the  acts  of  the  year  nine- 
teen hundred  and  seven,  is  herel)y  further  amended  by 
striking  out  the  last  sentence  and  inserting  in  place  thereof 
the  following:  —  The  first  year  the  assessors  shall  add  one 
of  said  parts  to  the  annual  tax  on  the  land,  with  interest 
on  the  princi])al  sum  from  the  date  of  ajiportionment ;  and 
thereafter,  so  long  as  any  of  the  said  parts  remains  un- 
paid, they  shall  add  each  year  one  of  the  said  parts  to  the 
annual  tax,  M'ith  interest  on  the  unpaid  balance  of  the 
principal  sum  from  the  date  of  the  last  annual  assessment, 
—  so  as  to  rcuul  as  follows:  —  Section  16.  If  in  a  city  or 
town  which  accepts  the  provisions  of  this  section  or  the 
corresponding  provisions  of  any  act  hereafter  ])assed,  or 
has  accepted  the  corresponding  provisions  of  earlier  laws, 
the  owner  of  land  therein,  within  thirty  days  after  notice 
of  a  sewer  assessment  thereon,  or  of  any  charges  made  for 
entering  or  using  any  ]ml)lic  sewer,  notifies  in  writing  the 
assessors  to  apportion  the  same,  they  shall  apjwrtion  it 
into  such  number  of  equal  parts,  not  exceeding  ten,  as  the 
owner  shall  in  said  notice  request.  Said  board  may  also 
in  its  discretion,  at  any  time  before  proceedings  for  the 
enforcement  of  the  collection,   apportion  said  assessment 


Apportion- 
ment of  sewer 
assessments, 
etc. 


Acts,  1908.  — Chap.  357.  305 

into  such  number  of  equal  parts,  not  exceeding  ten,  as  the 
owner  shall  in  said  notice  request.  The  first  year  the  as- 
sessors shall  add  one  of  said  parts  to  the  annual  tax  on  the 
land,  with  interest  on  the  principal  sum  from  the  date  of 
apportionment ;  and  thereafter,  so  long  as  any  of  the  said 
parts  remains  unpaid,  they  shall  add  each  year  one  of  the 
said  parts  to  the  annual  tax,  with  interest  on  the  unpaid 
balance  of  the  principal  sum  from  the  date  of  the  last 
annual  assessment. 

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

Approved  April  3,  1908. 

An  Act  to  authorize  tpie  city  of  pittsfield  to  incuk  Q/iav.357 

ADDITIONAL    INDEBTEDNESS    FOR    THE    IMPROVEMENT    OF 
ITS   WATER   WORKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Pittsfield,  for  the  purposes  city  of  Pitts- 
mentioned  in  chapter  one  hundred  and  eighty-five  of  the  loncS^ctof 
acts  of  the  year  eighteen  hundred  and  ninety-two  and  acts  ^^os. 
in  amendment  thereof  or  in  addition  thereto,  and  in  chap- 
ter five  hundred  and  fourteen  of  the  acts  of  the  year  nine- 
teen hundred  and  seven,  may  issue  from  time  to  time 
bonds,  notes  or  scrip  to  an  amount  not  exceeding  one  hun- 
dred thousand  dollars  in  addition  to  the  amounts  hereto- 
fore authorized  by  law  to  be  issued  by  said  city  for  water 
works  purposes.  Such  bonds,  notes  or  scrip  shall  bear  on 
their  face  the  words.  City  of  Pittsfield  Water  Bonds,  Act 
of  1908;  shall  be  payable  at  the  expiration  of  periods  not 
exceeding  thirty  years  from  the  date  of  issue ;  shall  bear 
interest,  payable  semi-annualN,  at  a  rate  not  exceeding 
five  per  cent  per  annum ;  and  shall  be  signed  by  the  treas- 
urer and  countersigned  by  the  mayor  of  said  city.  Said 
city  may  sell  such  securities  at  public  or  private  sale,  or 
pledge  the  same  for  money  borrowed  for  the  purposes  of 
this  act,  upon  such  terms  and  conditions  as  it  may  deem 
proper:  provided,  that  such  securities  shall  not  be  sold  for  Proviso, 
less  than  the  par  value  thereof.  Said  city  may  authorize 
temporary  loans  to  be  made  by  its  mayor  and  treasurer  in 
anticipation  of  the  bonds  hereby  authorized. 

Section  2.     Said  city  shall,  at  the  time  of  authorizing  ?''y'"^"*  "^ 
said  loan,  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  five  years 
after  the  first  issue  of  such  bonds,  notes  or  scrip,  as  will 


306 


Acts,  1908.  — Chap.  358. 


extinguish  the  same  within  the  time  prescribed  by  this 
act ;  and  when  a  vote  to  that  effect  has  been  passed,  a  sum 
which  will  be  sufficient  to  pay  the  annual  expense  of  op- 
erating its  water  works  and  the  interest  as  it  accrues  on 
the  bonds,  notes  or  scrip  issued  as  aforesaid  by  said  city, 
and  to  make  such  payments  on  the  principal  as  ma_y  be 
required  under  the  j^^ovisions  of  this  act  shall,  without 
further  vote,  be  assessed  by  the  assessors  of  said  city  in 
each  year  thereafter,  in  a  manner  similar  to  that  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  said  loan  is  extinguished. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  J/.,  1908. 


R.  L.  165, 
amended. 


Chap.35S  An  Act  relative  to  the  eeporting  of  the  decisions 

OF    THE    SUPREME    JUDICIAL    COURT. 

Be  it  enacted,  etc.,  as  follows: 

^•^'  Section  1.  Section  sixty-three  of  chapter  one  hundred 
and  sixty-five  of  the  Revised  Laws  is  hereby  amended  by 
inserting  after  the  word  "  court  ",  in  the  first  line,  the 
words:  —  unless  excused  therefrom  by  the  chief  justice, 

—  and  by  striking  out  all  after  the  word  "  reports  ",  in 
the  eighth  line,  and  inserting  in  place  thereof  the  words : 

—  He  shall  furnish  for  ^publication  not  less  than  seventy 
decisions  in  each  calendar  month  between  the  first  day  of 
April,  nineteen  hundred  and  eight,  and  the  first  day  of 
November,  nineteen  hundred  and  eight,  if  there  are  suffi- 
cient unpublished  decisions  therefor,  and  thereafter  not 
less  than  fifty  decisions  in  each  calendar  month  if  there 
are  sufficient  unpublished  decisions  therefor ;  provided  that 
after  the  year  nineteen  hundred  and  eight,  the  reports  of 
all  decisions  argued  and  determined  before  the  first  dav 
of  September  in  each  year  shall  be  published  within  ninety 
days  thereafter,  —  so  as  to  read  as  follows :  —  Section  63. 
He  shall  attend  the  law  sittings  of  the  court,  unless  ex- 
cused therefrom  by  the  chief  justice,  make  true  reports  of 
decisions  upon  all  questions  of  law  which  are  argued  by 
counsel,  and  shall  prepare  them  for  publication  with  suit- 
able head  notes,  tables  of  cases  and  indexes,  furnish  them 
to  the  publisher,  and  superintend  the  correction,  proof 
reading  and  publication  thereof.     He  shall  in  his  discre- 


Preparation 
of  reports. 


Acts,  1908.  — Chap.  359.  307 

tion  report  the  several  eases  more  or  less  at  large  accord- 
ing to  their  relative  importance,  so  as  not  unnecessarily  to 
increase  the  size  or  number  of  the  volumes  of  reports.  He 
shall  furnish  for  publication  not  less  than  seventy  deci- 
sions in  each  calendar  month  between  the  first  day  of 
April,  nineteen  hundred  and  eight,  and  the  first  day  of 
jS^ovember,  nineteen  hundred  and  eight,  if  there  are  suffi- 
cient unpublished  decisions  therefor,  and  thereafter  not 
less  than  fifty  decisions  in  each  calendar  month  if  there 
are  sufficient  unpublished  decisions  therefor ;  provided  that 
after  the  year  nineteen  hundred  and  eight,  the  reports  of 
all  decisions  argued  and  determined  before  the  first  day 
of  September  in  each  year  shall  be  published  within  ninety 
days  thereafter. 

Section  2.  Section  sixty-seven  of  said  chapter  one  R.  Lies,  §67. 
hundred  and  sixty-five  is  hereby  amended  by  striking  out 
the  words  ''  not  more  than  two  thousand  dollars  ",  in  the 
second  and  third  lines,  and  inserting  in  place  thereof  the 
words :  • —  for  the  year  nineteen  hundred  and  eight  not 
more  than  six  thousand  dollars,  and  thereafter  not  more 
than  forty-five  hundred  dollars,  —  so  as  to  read  as  follows : 
—  Section  67.  The  re}X)rter  shall  receive  from  the  com-  Compensation, 
monwealth  an  annual  salary  of  four  thousand  dollars,  and 
shall  be  allowed  for  the  year  nineteen  hundred  and  eight 
not  more  than  six  thousand  dollars,  and  thereafter  not 
more  than  forty-five  hundred  dollars  a  year  for  clerk  hire 
and  for  the  incidental  expenses  of  his  office  which  shall  be 
paid  by  the  commonwealth.  Such  amounts  shall  be  in  full 
compensation  for  his  services  and  for  clerk  hire  and  inci- 
dental expenses.  All  fees  received  by  him  for  copies  of 
opinions,  rescripts  and  other  papers  shall  be  paid  by  him 
quarterly  to  the  treasurer  and  receiver  general  with  a  de- 
tailed statement  thereof. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  Jf,  1908. 

An  Act  relative  to  the  board  of  water  commission-  Cha2).S59 

ERS   OF   THE   CITY  OF   HOLYOKE. 

Be  it  enacted,  etc.,  as  folloirs: 

Section  1.     The  treasurer  of  the  board  of  water  com-  coUected'a^d 
missioners  of  the  citv  of  Holyoke  shall  collect  all  moneys  p.^'^  °"  c/r- 

1  1  •  (•  "^11  n    tificate  of 

due  the  city  tor  water  charges  and  water  rents  and  shall  mayor,  etc. 


308  Acts,  1908.  — Chap.  359. 

pay  out  the  same  upon  the  ecrtiiicatc  or  written  order  of 
the  mayor  and  city  auditor. 
Payrolls,  etc.  Section^  2.     All  pavrolls,  bills  or  demands  against  the 

to  be  approveu.   ^  ■,       ^  ...  ^ 

board  of  water  commissioners  shall,  before  ])ayment  by  the 
treasurer  of  the  board,  be  duly  approved  by  the  board. 
Such  approval  shall  be  attested  by  the  signature  of  at 
least  two  members  of  the  board,  and  shall  then  be  pre- 
sented to  the  city  auditor  for  examination  and  certifica- 
tion by  him  in  the  manner  provided  by  chapter  four 
hundred  and  thirty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-six.  The  accounts  of  the  water  depart- 
ment shall  be  examined  quarterly  by  the  city  auditor,  and 
report  of  such  examination  shall  be  made  by  him  to  the 
mayor  and  board  of  aldermen. 
Contracts.  Section  3.     All  coutracts  made  by  the  board,  when  the 

amount  involved  is  five  hundred  dollars  or  more,  shall  be 
in  writing  and  no  such  contract  shall  be  deemed  to  have 
been  made  or  executed  until  the  approval  of  the  mayor  is 
affixed  thereto. 
of"^Xng°"und  Section  4.  The  water  commissioners,  together  with 
Hoiyoke^water  ^^^^  mavor,  shall  be  commissioners  of  the  sinking  fund  for 
bonds,  etc.  the  payment  of  the  Holyoke  water  bonds,  and  shall  have  the 
custody  and  control  of  the  sinking  fund  heretofore  in  the 
custody  and  control  of  the  water  commissioners  of  the  city 
of  Holyoke,  as  trustees  thereof  for  the  payment  of  the 
Ilolyoke  Avater  bonds.  Said  commissioners  of  the  sinking 
fund  for  the  payment  of  the  Ilolyoke  water  bonds  shall 
exercise  all  the  rights  and  powers,  and  shall  perform  all 
the  duties  and  obligations  of  the  present  board  of  water 
commissioners  as  trustees  of  the  sinking  fund  for  the  pay- 
ment of  the  Holyoke  water  bonds,  wdth  full  power,  as  such 
trustees,  to  enforce  all  obligations  by  mortgage  or  other- 
wise hitherto  entered  into  with  said  l)oard  of  water  com- 
missioners or  their  predecessors  in  office.  All  mortgages, 
notes  and  securities  given  to  said  commissioners  of  the 
sinking  fund  for  the  payment  of  Holyoke  water  bonds  for 
loans  made  by  them  of  the  money  and  funds  of  the  water 
department  shall  be  made  to  them  and  their  successors  in 
office  as  trustees  of  the  sinking  fund  for  the  payment  of 
the  Holyoke  water  bonds, 
imendid'^^'  Section  5.  Chapter  tliree  hundred  and  nineteen  of  the 
acts  of  the  year  nineteen  hundred  and  one  is  hereby 
amended  by  striking  out  section  two  and  inserting  in  place 


Acts,  1908.  — Chap.  360.  309 

thereof  the  ioWowmg:  — Section  2.  The  said  board  of  g^^^iSPhf 
water  commissioners  is  hereby  authorized  and  directed  to  ^^X'lfnTing 
pay  over  to  the  treasurer  of  the  said  city  in  each  year,  on  fund,  etc. 
or  before  the  first  day  of  November,  from  its  net  earnings, 
a  percentage  upon  the  total  cost  of  the  construction  of  the 
said  water  works,  as  estimated  in  the  annual  reports  of 
the  said  water  commissioners,  which  shall  be  the  same  as 
the  percentage  of  taxation  established  for  city,  county  and 
state  taxes  in  the  city  of  Ilolyoke  in  that  year.  The  treas- 
urer is  hereby  authorized  and  directed  to  collect  the  said 
sum  and  pay  over  the  same  to  the  commissioners  of  the 
sinking  fund  for  the  payment  of  municipal  bonds  of  the 
city  of  Ilolyoke.  In  case  the  net  earnings  do  not  equal 
the  said  percentage  the  whole  net  earnings  shall  be  paid 
over  as  aforesaid.  The  amount  so  paid  or  collected  shall 
be  used  toward  the  payment  of  municipal  bonds,  other 
than  water  bonds. 

Section  6.     The  financial  year  of  the  board  of  water  Financial  year, 
commissioners  shall  l)egin  with  the  first  day  of  December 
in  each  year. 

Section  7.     Tlio  board  of  water  commissioners  of  said  j°^es  of"*^ 
city  shall  continue  to  perform  all  the  duties  and  exercise  water  com- 

n      1  111-  m       1         T       •         •  missioners. 

all  the  powers  and  be  sul)ject  to  all  the  limitations  now 
prescribed  by  existing  laws,  except  as  may  be  provided 
otherwise  herein. 

Section  8.     All  provisions  of  law  inconsistent  herewith  Repeal,  etc. 
are  hereby   repealed,   but  nothing  herein   contained   shall 
affect  the  provisions  of  chapter  three  hundred  and  nine- 
teen of  the  acts  of  the  year  nineteen  hundred  and  one,  ex- 
cept as  above  provided. 

Section  9.     This  act  sliall  take  effect  upon  its  passage. 

Approved  April  Jf^,  190S. 

An  Act  to  authokize  cities  and  towns  to  permit  the  ChajJ.SdO 

USE   OF  LUNCH   WAGONS  ON   HIGHWAYS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  mayor  and  aldermen  of  any  city  ex-  Licenses  may 
cept  Boston,  and  in  Boston  the  street  commissioners  and  mMnTAnimr"^ 
the  police  commissioner,  and  the  selectmen  of  any  town,  on''pubi^^°"^ 
may,  if  in  their  opinion  public  convenience  so  requires,  ^^^^'  ®**'" 
license   any   reputable   person,   upon   the   payment   of   an 
annual  license  fee  of  not  less  than  fifty  dollars,  to  main- 


310  Acts,  1908.  — Chap.  361. 

tain  a  vcliiele  for  the  sale  of  food  in  such  part  of  any  pnl> 
lie  way  and  during  such  hours  as  the  licensing  authority 
may  designate,  provided  that  puhlic  travel  is  not  incom- 
moded thereby;  and  no  other  or  further  license  shall  be 
required  for  this  purpose.  Any  such  license  may  be  re- 
voked at  any  time  by  the  licensing  authority. 
Consent  of  Section  2.     ISo  Hccnse  as  aforesaid  shall  be  granted  to 

abutting  r>  1   •     1  •  •  • 

owners.  usc  auv  part  of  a  highway  the  fee  in  which  is  not  owned 

by  the  city  or  town,  imless  the  owners  of  the  land  abut- 
ting on  that  ])art  of  the  way  consent  in  writing  to  the 
granting  of  the  license. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  J^,  1908. 

Ckap.'^Ql  An  Act  kelative  to  town  meetings  in  the  town  of 

WATERTOWN. 

Be  it  enacted,  etc.,  as  follows: 
Registering  Section  1.     At  all  towu  meetiuffs  held  in  the  town  of 

turnstiles  to  be    ^^y  in  f  •  • 

used  at  t.wn  \\  atcrtowu  tlic  towu  shall  use  a  system  oi  registering  turn- 
Watertowu,  stiles  for  determining  the  number  of  voters  admitted  to 
each  meeting.  The  selectmen  shall  appoint  officers  to  have 
charge  of  the  turnstiles,  and  shall  determine  from  them 
the  number  of  voters  admitted  to  each  meeting,  and  at  the 
adjournment  thereof  shall  make  a  return  to  the  town 
clerk  under  oath,  which  may  be  administered  by  him,  of 
the  number  of  voters  who  have  been  admitted  to  such 
meeting,  as  registered  by  the  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 
Returns  to  be    fhc  meetiuo-.     All  sucli  rctums  shall  be  preserved  bv  the 

DrGscrvBci  etc.  *' 

town  clerk  until  at  least  twenty  days  after  the  final  ad- 
journment or   dissolution  of  the  meeting  to  which  they 
relate,  and  shall  be  open  to  public  inspection. 
Certain  votes         Section  2.    Anv  votc  passcd  at  an  original  or  adjourned 

may  be  sub-  .  i-ii  i  iiir-c 

mitted  for  rati-  fowTi  meeting  to  which  thrcc  hundred  and  tittv  or  more 

fication  at  a  ttii  i  i-inn  "••  i 

subsequent  votcrs  shali  havc  bccn  admitted  shall,  upon  jietition,  be 
^own  mee  ing.  g^^]^j-j^j|.^gj  ^^  ^jj^  yoters  at  large  for  ratification  at  a  sub- 
sequent town  meeting,  as  hereinafter  provided,  except  that 
votes  for  moderator,  or  for  any  town,  county,  state  or 
national  officer,  or  on  any  question  on  which  by  any  special 
or  general  law  of  the  commonwealth  a  yea  or  nay  vote  is 


Acts,  1908.  — Chap.  361.  311 

required  to  be  taken  by  ballot,  shall  be  final.  N'o  vote  sub- 
ject to  ratification  under  the  provisions  of  this  act  shall 
take  effect  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  man- 
ner hereinafter  provided. 

Section  3.  If  within  five  days  after  the  final  adjourn-  Caiiing  of  sub- 
ment  or  dissolution  of  such  town  meeting  a  petition  ad-  meetings  ."etc. 
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  meet- 
ing 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  this  purpose 
a  vote  to  borrow  money  shall  be  held  to  relate  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  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  Vote  receiving 

submitted  for  ratification  as  aforesaid,  receiving  a  major-  votes  cast  to 
ity  of  the  votes  cast  thereon,  shall  be  considered  to  be  rati-  ratified!'efc.'' 
fied,  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. 

Section  4.  Every  petition  filed  as  aforesaid  shall  forth-  f^^n^iJ," j*by  ^ 
with  be  examined  by  the  town  clerk,  who  shall  ascertain  town  clerk,  etc. 
therefrom  the  nimiber  of  legal  voters  whose  sig-natures  are 
attached  thereto,  and  shall  make  a  record  thereof,  and  such 
record,  together  with  a  copy  of  the  petition,  exclusive  of 
the  names  affixed  thereto,  shall  be  inserted  in  the  records 
of  the  meeting  for  ratification  of  the  vote  or  votes  named 


312  Acts,  1908.  — Chap.  362. 


in  the  petition,  which  record  shall  have  the  same  legal 
force  and  effect  as  the  record  of  the  proceedings  of  such 
Petitions  to  be  meeting.    All  such  petitions  shall  be  preserved  by  the  town 
prej-ervee ,  e  c.    ^|^^|,  ^^j^^^  ^^  jpj^g^  twcntv  davs  af tcr  th(>  final  adjourn- 
ment   or    dissolution    of    said    meeting,    and    during    that 
period  shall  be  open  to  public  inspection. 
Seiectmeti  to  Section  5.     It  shall  bc  the  duty  of  the  selectmen  of  the 

prepare  bal-  >' 

lots,  etc.  (own  to  prepare  the  ballots  to  be  used  at  such  town  meet- 

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. 
a(■'•e*!t°nw^o         Sectiox  6.     A  meeting  shall  be  held  for  the  purpose  of 
i)e  submitted     Submitting  the  question  of  the  acceptance  of  this  act  to  the 

to  voters,  etc.  c  • 

legal  voters  of  the  town  at  some  time  within  two  years 
after  the  passage  hereof.  At  such  meeting  the  polls  shall 
bo  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  eight,  en- 
titled '  An  Act  relative  to  town  meetings  in  the  town  of 
Watertown  ',  and  providing  for  the  ratification  of  certain 
votes  passed  at  such  meetings,  be  accepted  by  the  town  ? " 
and  the  affirmative  votes  of  a  majority  of  the  voters  pres- 
ent and  voting  thereon  shall  be  required  for  its  acceptance. 
If  at  any  meeting  so  held  this  act  shall  fail  to  be  accepted, 
it  may,  at  the  expiration  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. 
wiien  to  take        Sectiox  7.     So  much  of  this  act  as  authorizes  the  sub- 

eriect. 

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. 

Apinvved  April  1 ,  1908. 

C/fap.362  Ax   Act   keeative  to  the  school  committee  of  the 

CITY  OF  CAMBKIDGE. 

Be  it  enacted,  etc.,  as  follows: 

Ifr/amtnled:  Sectiox  1.  Scctiou  thirty-one  of  chapter  three  hundred 
and  sixty-four  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one,  as  amended  by  section  two  of  chapter  five  hun- 


Acts,  1908.  — Chap.  362.  313 

dred  and  sixty-six  of  the  acts  of  the  year  nineteen  hundred 
and  seven,  is  hereby  further  amended  by  inserting  after 
the  word  "  years  '',  in  the  thirteenth  line,  the  words :  — 
but  may  appropriate  in  addition  such  further  sums  as  may 
accrue  to  the  city  as  revenue  from  the  school  department ; 
and  provided,  further,  that  the  school  committee  may  fur- 
ther appropriate  and  expend  a  sum  sufficient  to  meet  the 
necessary  expenses  of  the  school  committee  for  the  period 
beginning  December  first,  nineteen  hundred  and  seven, 
and  ending  March  thirty-first,  nineteen  hundred  and  eight, 
both  dates  inclusive,  provided,  that  said  sum  shall  not  ex- 
ceed by  more  than  thirty-five  thousand  dollars  the  propor- 
tionate part  for  the  said  period  of  the  limit  above  pre- 
scribed,—  so  as  to  read  as  follows:  —  Section  31.  The  Duties  of 
school  committee  and  overseers  of  the  poor  shall  respec-  miueeanT 
tively  perform  all  such  duties  as  the  school  committee  and  thlpoor!"^ 
overseers  of  the  poor  in  towns  are  required  by  law  to  per- 
form. The  school  committee  shall  annually  appropriate 
money  for  the  maintenance  of  the  schools  and  school  build- 
ings and  for  the  salaries  of  all  teachers  and  other  em- 
ployees, including  janitors  of  school  buildings,  employed 
by  them:  provided,  Jioivever,  that  the  school  committee  Provisoa 
shall  not  appropriate  or  expend  in  any  one  year  a  sum 
amounting  to  more  than  five  dollars  on  each  one  thousand 
dollars  of  taxable  property  of  the  city,  to  be  estimated  by 
taking  the  average  amount  of  taxable  property  during  the 
three  preceding  years,  but  may  appropriate  in  addition 
such  further  sums  as  may  accrue  to  the  city  as  revenue 
from  the  school  department ;  and  provided,  further,  that 
the  school  committee  may  further  appropriate  and  expend 
a  sum  sufficient  to  meet  the  necessary  expenses  of  the 
school  committee  for  the  period  beginning  December  first, 
nineteen  hundred  and  seven,  and  ending  March  thirty- 
first,  nineteen  hundred  and  eight,  both  dates  inclusive, 
provided,  that  said  sum  shall  not  exceed  by  more  than 
thirty-five  thousand  dollars  the  proportionate  part  for  the 
said  period  of  the  limit  above  prescribed.  The  school  com- 
mittee shall  appoint  a  superintendent  of  schools  and  ^hall 
elect  the  teachers  of  the  public  schools  as  provided  by  sec- 
tion thirty-two  of  chapter  forty-two  of  the  Eevised  Laws. 
It  shall  approve  the  location  and  plans  of  all  school  build- 
ings. It  shall  have  entire  charge  of  the  buildings  used 
for  school   purposes   and  shall  have   authority  to  appoint 


314 


Acts,  1908.  — Chap.  363. 


Organization 
of  overseers 
of  tlie  poor. 


and  remove,  under  the  laws  regulating  the  civil  service, 
the  janitors  and  other  persons  employed  therein.  It  shall 
have  entire  control  over  the  expenditure  of  moneys  de- 
voted to  the  maintenance  of  schools.  The  overseers  of  the 
poor  shall  annually  on  the  first  Monday  of  May  meet  and 
organize,  and  shall  choose  such  subordinate  officers  and 
agents  as  they  may  deem  expedient,  and  define  their  duties 
and  fix  their  salaries ;  but  no  members  of  the  board  shall 
be  eligible  to  be  chosen  by  said  board  to  any  position  of 
emolument. 

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

Approved  April  7,  1908. 


An  (lover 
Water  Loan, 
Act  of  1908. 


ChciJJ.^Qfd   ^^^    -^t'T    TO    AUTHORIZE   THE    TOWN    OF   ANDOVEK    TO    :MAKE 

AN   ADDITIONAL   WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Andover,  for  the  purposes 
mentioned  in  section  five  of  chapter  four  hundred  and 
thirty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-seven,  may  issue  notes  or  bonds  to  an  amount  not 
exceeding  one  hundred  thousand  dollars  in  addition  to  the 
amount  authorized  to  be  issued  for  the  same  purposes  by 
the  said  chapter  and  by  chapter  two  hundred  and  seventy- 
eight  of  the  acts  of  the  year  nineteen  hundred  and  one. 
Said  notes  or  bonds  shall  be  denominated  on  the  face 
thereof,  Andover  Water  Loan,  Act  of  1908.  They  shall  be 
signed  by  the  board  of  public  works  of  the  town  and  coun- 
tersigned by  the  town  treasurer,  shall  bear  interest  at  a 
rate  not  exceeding  five  per  cent  per  annum  and  shall  be 
])ayable  at  periods  not  exceeding  thirty  years  from  the 
dates  of  issue.  At  the  time  of  authorizing  the  issue  of 
said  notes  or  bonds  the  town  shall  provide  for  the  payment 
of  the  same  in  such  annual  pa^mients,  beginning  not  later 
than  five  years  after  the  first  issue  thereof,  as  will  extin- 
guish the  debt  within  the  time  above  prescribed ;  and  after 
such  action  by  the  town  the  amount  required  to  pay  the 
interest  on  the  said  securities  and  the  principal  as  it  be- 
comes due  shall  be  raised  annually  by  taxation,  in  the  same 
maimer  in  which  other  taxes  are  raised,  until  the  debt  is 
extinguished. 

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

Approved  April  1 ,  1908. 


Payment  of 
loan. 


Acts,  1908.  — Chaps.  364,  365.  315 


An  Act  relative  to  further  payment  by  the  county  (7/m».364 

OF    ESSEX    OF    the    COST    OF    EXTENDING    AND    WIDENING 
SEA  STREET  IN   THE   CITY  OF  LYNN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Upon  the  completion  of  the  work  of  widen-  Further  pay- 
ing, extending  and  eonstrneting  Sea  street  in  the  city  of  county  of 
Lynn,  as  anthorized  by  section  two  of  chapter  three  hnn-  wi'deniifg'^,  etc., 
dred  and  eighty-fonr  of  the  acts  of  the  year  nineteen  hnn-  Lynn/^^* '" 
dred  and  three,  the  county  of  Essex  shall  pay  to  the  city 
of  Lynn,   in   addition  to  any  snm  hitherto   paid  by  said 
connty  under  anthority  of  said  act,  the  sum  of  fifty  thou- 
sand dollars,  and  for  that  purpose  the  county  commission- 
ers of  said  county  may  borrow  said  sum  upon  the  credit 
of  the  county. 

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

Approved  April  7,  1908. 


An    Act    relative    to    certain    fees   of    registers    of  Chan.'di^5 

deeds. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-nine  of  chapter  two  hun-  R.  L.204,  §29, 
dred  and  four  of  the  Revised  Laws  is  hereby  amended  by 
inserting  after  the  word  ^'  first ",  in  the  fifth  line,  the 
words:  —  provided,  however,  that  if  the  deed  or  other 
paper  contains  the  names  of  more  than  two  parties  thereto, 
other  than  the  husband  or  wife  of  the  grantor  or  grantee, 
an  additional  fee  of  ten  cents  each  shall  be  charged  for  in- 
dexing the  names  of  additional  grantors  or  grantees  or 
other  parties  thereto,  —  so  as  to  read  as  follows :  —  Sec-  Fees  of  reg- 

.. .  istors  of 

tion  29.     The  fees  of  registers  of  deeds  shall  be  as  fol-  deeds. 
lows :  — 

For  entering  and  recording  a  deed  or  other  paj^er,  cer- 
tifying the  same  on  the  original,  and  indexing  it,  and  for 
all  other  duties  pertaining  thereto,  twenty-five  cents.  If 
it  contains  more  than  one  page,  at  the  rate  of  twenty  cents 
for  each  page  after  the  first :  provided,  however,  that  if  the  Proviso, 
deed  or  other  paper  contains  the  names  of  more  than  two 
parties  thereto,  other  than  the  husband  or  wife  of  the 
grantor  or  grantee,  an  additional  fee  of  ten  cents  each 
shall   be   charged   for   indexing  the    names   of    additional 


310 


Acts,  1908.  — Chap.  366. 


grantors  or  grantees  or  other  parties  thereto.  The  fees 
shall  be  paid  when  the  instrument  is  left  for  record. 

For  all  copies,  at  the  rate  of  twenty  cents  a  page. 

For  entering  in  the  margin  a  discharge  of  a  mortgage, 
twentj-five  cents. 

For  entering  a  discharge  of  an  attachment  or  of  a  lien 
on  buildings  and  land,  if  sncli  discharge  is  certified  by 
them,  twenty-five  cents. 

For  entering  a  partial  release  of  an  attachment,  twenty- 
five  cents. 

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

Approved  April  7,  1908. 

O^ftp.366  A.\  Act  to  authorize  the  county  commissioners  of 

THE  COUNTY  OF  BRISTOL  TO  ACQUIRE  LAND  IN  THE  CITY 
OF  NEW  BEDFORD,  AND  TO  ERECT  A  BUILDING  FOR  THE 
REGISTRY  OF  DEEDS  FOR  TUF.  SOUTHERN  DISTRICT  OF 
SAID   COUNTY. 


Registry  of 
deeds,  southern 
district  of 
Bristol  county, 
building  to  be 
erected  for, 
etc. 


Necessary  l:im 
may  be  taken, 
etc. 


Damages. 


County  com- 
missioners may 
borrow  money, 
etc. 


]ie  it  ciKuied,  cfc,  as;  follows: 

Section  1.  The  comity  commissioners  of  the  county  of 
Bristol  are  hereby  authorized  and  required  to  erect  in  the 
city  of  Xew  Bedford  a  suitable  fireproof  building  for  the 
registry  of  deeds  for  the  southern  district  of  said  county, 
to  furnish  the  building  suitably,  and  to  construct  a  separate 
boiler  or  heating  plant  to  heat  the  same  and  other  county 
Imildings  to  which  it  may  be  adjacent. 

Section  2.  Said  county  commissioners  are  hereby  au- 
thorized to  take,  or  acquire  by  purchase  or  otherwise,  such 
land  as  may  be  necessary  for  the  said  pur])ose ;  and  within 
sixty  days  after  taking  any  land,  otherwise  than  by  pur- 
chase, they  shall  file  and  cause  to  be  recorded  in  the  reg- 
istry of  deeds  for  the  southern  district  of  said  county  a 
description  of  the  land  sufficiently  accurate  for  identifica- 
tion, with  a  statement  of  the  purpose  for  which  the  same 
was  taken,  signed  by  them.  TJ]X)n  such  filing  title  to  the 
land  so  taken  shall  vest  in  said  county  in  fee.  The  county 
shall  pay  all  damages  sustained  by  any  person  by  reason 
of  the  taking  of  land  as  aforesaid ;  and  the  damages  shall 
be  determined  in  the  manner  provided  by  law  for  deter- 
mining damages  in  the  case  of  land  taken  for  laying  out 
highways. 

Section  .3.  In  order  to  meet  the  expense  incurred 
under  this  act  the  county  commissioners  may  borrow  from 


Acts,  1908.  — Chaps.  367,  368.  317 

time  to  time  upon  the  credit  of  the  coimtj  a  sum  not  ex- 
ceeding two  hundred  thousand  dollars. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  7 ,  1908. 

An  Act  to  authorize  the  city  of  Cambridge  to  issue  CJiap.367 

NOTES    OR    BONDS    IN    EXCESS    OF    ITS    DEBT    LIMIT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Cambridge  may  from  time  to  City  of  Cam- 
time  issue  notes  or  bonds  in  excess  of  the  limit  allowed  by  Act  of  loos.' 
law,  to  an  amount  not  exceeding  five  hundred  thousand 
dollars,  and  designated  on  the  face  thereof,  City  of  Cam- 
bridge Loan,  Act  of  1908.     Such  notes  or  bonds  shall  bear 
interest,   payable  semi-annually,   at  a  rate  not  exceeding  « 

four  and  one  half  per  cent  per  annum,  and  shall  be  pay- 
able at  the  expiration  of  ten  years  from  the  respective 
dates  of  issue.  The  proceeds  of  the  said  notes  or  bonds 
shall  be  used  in  payment  of  the  current  expenses  of  the 
city  incurred  and  to  be  incurred  from  the  first  day  of  De- 
cember, nineteen  hundred  and  seven,  to  and  including  the 
thirty-first  day  of  March,  nineteen  hundred  and  eight. 
The  city  may  sell  such  notes  or  bonds,  or  any  part  thereof, 
from  time  to  time,  or  pledge  the  same  for  money  borrowed 
for  the  above  purposes,  but  the  same  shall  not  be  sold  or 
pledged  for  less  than  the  par  value  thereof. 

Section  2.     The  provisions  of  sections  twelve,  thirteen.  Certain  pro- 
fourteen,  fifteen,  sixteen  and  seventeen  of  chapter  twenty-  toTppiy. 
seven  of  the  Revised  Laws  shall,  so  far  as  they  may  be 
applicable,  apply  to  the  loan  authorized  by  this  act. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  7,  1908. 

An  Act  relative   to   the  admittance   of  minors   to  QJiap.SQS 

CERTAIN    PLACES    OF   AMUSEMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  seventy  of  chapter  one  hun-  r.l.  102, 
dred  and  two  of  the  Revised  Laws  is  hereby  amended  by  amended, 
inserting  after  the  w^ord  "  alley  ",  in  the  second  line,  the 
words :  —  or  place  in  which  pictures  are  displayed  upon 
the  deposit  of  money  in  a  mechanical  device  kno^^^l  as  the 
nickel-in-the-slot  machine  or  penny-in-the-slot  machine,  or 
in  any  similar  device  for  displaying  pictures,  —  so  as  to 


318 


Acts,  1908.  — Chap.  369. 


Penalty  for 
admittiiiK 
minors  to 
billiard  rooms, 
etc. 


road  as  follows:  —  Section  170.  The  keeper  of  a  billiard, 
pool  or  sippio  room  or  table  or  bowling  alley,  or  j)lace  in 
which  pictures  are  displayed  upon  the  deposit  of  money 
in  a  mechanical  device  known  as  the  nickel-in-the-slot  ma- 
chine or  penny-in-t he-slot  machine,  or  in  any  similar  device 
for  displaying  pictures,  who  admits  a  minor  thereto  with- 
out the  written  consent  of  his  parent  or  guardian  shall  for- 
feit ten  dollars  for  the  first  and  twenty  dollars  for  each 
subsequent  offence.  Approved  April  8,  1908.. 


Town  of 
Reading  may 
furnish  elec- 
tricity to 
certain  other 
towns. 


To  obtain 
written  loca- 
tions from 
selectmen,  etc 


(7//«7>.369  An  Act  to  atjthokize  the  town  of  reading  to  sell  and 
distribute  electricity  for  light,  heat  or  power  in 
north  reading,  wilmington  and  lynnfield  centre. 

Be  it  enacted,  etc.,  as  foUows: 

Section  1.  The  town  of  Keading  may  construct  and 
maintain  in  the  towns  of  Xorth  Reading  and  Wilmington 
and  in  that  j^art  of  the  town  of  Lynufield  known  as  Lynn- 
field  Centre,  mains,  poles,  Avires  and  other  distributing 
apparatus  for  the  purpose  of  selling  and  distributing  elec- 
tricity to  said  towns  and  to  the  said  part  of  the  town  of 
L\Tinfield,  and  to  such  of  the  inhabitants  thereof  as  may 
require  and  pay  for  the  same. 

Section  2.  The  town  of  Reading,  before  constructing 
any  mains,  poles,  wires  or  other  distributing  apparatus  in 
either  of  said  three  towns,  shall  obtain  from  the  respective 
selectmen  thereof  written  locations  therefor,  in  accordance 
with  existing  laws  governing  a  private  person,  firm  or  cor- 
poration engaged  in  the  business  of  selling  electricity  for 
light,  heat  or  power,  and  shall  thereafter  have  and  enjoy 
the  same  rights  and  franchises  respecting  such  sale  and 
distribution  of  electricity  for  light,  heat  or  power,  and  the 
extension  of  its  plant  therefor,  and  shall  be  subject  to  the 
same  limitations  and  obligations  in  the  exercise  of  such 
rights  and  franchises,  as  if  it  were  a  private  person,  firm 
or  corporation. 

Section  3.  The  town  of  Reading  shall  furnish  to  the 
towns  of  Xorth  Reading  and  Wilmington  for  municipal 
use  and  to  the  town  of  Lynnfiold  for  munici])al  use  in  that 
\)i\Yt  thereof  known  as  Lynnfield  Centre,  and  to  the  res]X^c- 
live  inhabitants  of  said  towns  of  Xorth  Reading  and  Wil- 
mington and  of  that  part  of  the  town  of  Lynnfield  known 
as  Lynufield  Centre,  electricity  for  light,  heat  or  power, 


Electricity  to 
be  furnished 
for  light,  heat 
or  power,  etc. 


Acts,  1908.  — Chap.  370.  319 

at  siicli  prices  and  upon  such  terms  as  may  be  agreed  upon 
from  time  to  time  by  the  respective  parties,  subject  how- 
ever in  case  of  disagreement  as  to  such  prices  or  terms,  to 
a  right  of  appeal  to  the  board  of  gas  and  electric  light  com- 
missioners. 

Section  4.     If  either  of  the  towns  of  Xorth  Reading,  Purchase  of 
Wilmington  or  Lynnfield  shall  itself  establish  an  electric  plant,  etc., 
lighting  plant,   it  shall,  under  the  provisions  of  sections  conditions.^'" 
ten,  eleven  and  twelve,  as  amended,  of  chapter  thirty-four 
of  the  Ilevised  Laws  and  of  any  general  laws  hereafter 
enacted  relating  to  the  purchase  of  electric  light  plants  by 
a  municipality,  purchase  the  plant  and  property  within  its 
limits  owned  by  the  town  of  Reading  in  like  manner  as 
if  the  same  were  the  plant  and  property  of  a  private  per- 
son, firm  or  corporation:  provided,  Jioivever,  that  the  town  Proviso, 
of  Reading  shaU  have  no  right  to  refuse  to  sell  its  plant 
and  property  within  the  limits  of  such  purchasing  town, 
but  shall  sell  and  convey  the  same  to  said  purchasing  town 
W'ithin  the  time  and  in  the  manner  prescribed  by  law  for 
the  sale  to  a  municipality  of  electric  light  plants  privately 
owned,  and  thereupon  the  right  of  the  town  of  Reading 
to  maintain  an  electric  plant  or  to  sell  electricity  wdthin 
the  limits  of  the  purchasing  town  shall  cease. 

Section  5.     This  act  shall  take  cifect  upon  its  passage. 

Approved  April  8,  1908. 

An  Act  relative  to  the  disposition  of  pkopekty  seized  QJiap.SlO 
ON  search  warrants. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  seven  of  clwipter  two  hundred  and  amended.'^  ^' 
seventeen  of  the  Revised  Laws  is  hereby  amended  by  strik- 
ing out  the  last  sentence  '  thereof  and  inserting  in  place 
thereof  the  following:  —  The  court  or  justice  shall  have 
discretion  to  order  that  any  article  which  is  not  found  to 
have  been  unlawfully  used  or  intended  for  unlawful  use, 
or  any  article  unlawfully  used  without  the  knowledge  of 
its  owner,  lessor  or  mortgagee,  be  delivered  to  the  party 
legally  entitled  to  possession  of  the  same,  —  so  as  to  read 
as  follows :  —  Section  7.     If,  upon  the  trial,  the  property  Saie  or  de- 

T      T        T     n      J'    ■       1        1  n  1  struction  of 

is  adjudged  lorieited,  the  type,  lorms,  press,  wood  cuts,  property 
raw  material  and  mechanical  apparatus  described  in  clause 
eight  of  section  one,  the  dies,  plates,  brands,  moulds,  en- 


320 


Acts,  1908.  — Chap.  371. 


gravings,  printing  ]n-esscs,  types  or  other  tools,  machines 
or  materials  described  in  clause  five  of  said  section,  the 
raw  materials,  tools,  machinery',  implements,  instruments 
and  personal  property  described  in  clause  nine  of  said  sec- 
tion and  all  furniture,  fixtures  and  personal  property  de- 
scribed in  clause  eleven  of  said  section,  or  so  much  thereof 
as  the  court  or  justice  may  order,  shall  be  sold  by  the 
sheriff  and  the  proceeds  shall  be  paid  into  the  county  treas- 
ury, and  the  remainder  of  the  2:»roperty  shall  be  destroyed 
as  the  court  or  justice  may  order.  The  court  or  justice 
shall  have  discretion  to  order  that  any  article  which  is  not 
found  to  have  been  unlawfully  used  or  intended  for  un- 
lawful use,  or  any  article  unlawfully  used  without  the 
knowledge  of  its  owner,  lessor  or  mortgagee,  be  delivered 
to  the  party  legally  entitled  to  possession  of  the  same. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  8,  1908. 


Chap371  A.N  Act  to  pj;ovjde  for  keimbuksing  tiie  united  states 

OOVERNMENT  FOR  INJURY  TO  MILITARY  PROPERTY  LOANED 
TO  THE  COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section    1.      When   military   property   loaned   by 


United  States 
government  to 
be  reimbursed 
for  injury  to 
military  prop- 
erty loaned  to 
the  common- 
wealth. 


the 

United  States  government  to  the  commonwealth  has  suf- 
fered loss  or  injury,  the  amount  of  such  loss  or  injury 
shall  be  paid  to  the  United  States  government  out  of  the 
treasury  of  the  commonwealth  upon  the  approval  of  the 
adjutant  general,  and  the  amount  so  paid  shall  be  deducted 
from  allowances  made  j^ayable  to  officers  of  the  militia  in 
accordance  with  section  one  hundred  and  fifty-seven  of 
chapter  four  hundred  and  sixty-five  of  the  acts  of  th(>  year 
nineteen  hundred  and  five,  as  amended  by  section  twelve 
of  chapter  five  hundred  and  four  of  the  acts  of  the  year 
nineteen  hundred  and  six,  or  from  the  sums  paid  into  the 
treasury  of  the  commonwealth  by  the  adjutant  general  on 
account  of  such  loss  or  injury  and  collected  hy  him  from 
officers  of  the  militia  responsible  therefor,  or  from  their 
bondsmen. 

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

Approved  April  8,  1008. 


Acts,  1908.  — Chaps.  372,  373.  321 

An  Act  relative  to  proceedings  for  the  abolition  of  (JJfcin.372 

GRADE   CROSSINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  attorney-general  is  hereby  authorized  abohdon'^o/"'^ 
to  emplov  a  competent  civil  engineer  at  an  expense  not  ex-  P'"'^^^  ^ross- 
ceedinff  five  thousand  dollars  in  any  one  year,  who  shall  amined,  etc., 

,       S  .        T  .  .  ,  ,  "^  1        •         1  bv  a  civil  en- 

nnder  his  direction  examine  the  plans  submitted  to  com-  gineer. 
missioners  for  the  abolition  of  grade  crossings,  the  actual 
work  of  construction,  and  the  accounts  of  expenditures  sub- 
mitted to  auditors  therein,  and  shall  perform  such  other 
duties  in  connection  with  proceedings  for  the  aliolition  of 
grade  crossings  as  may  be  assigned  to  him. 

Section  2.     Reports  of  commissioners  appointed  under  Reports  of 
the  provisions  of  section  tAventy-nine  of  Part  I  of  chapter  missioners, 
four  hundred  and  sixty-three  of  the  acts  of  the  year  nine-  lied  without 
teen  hundred  and  six,  to  abolish  grade  crossings,  and  de-  ^^^' 
crees  of  court   aflirming  the   same,    may   be   filed   in   the 
registries  of  deeds   for  the  several  counties  without  the 
payment  of  any  fee  therefor. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  8,  1908. 

An  Act  making  an  appropriation  to  meet  expenses  (J]i(ir)  373 

IN  CONNECTION  WITH  THE  TAKING  OF  ARMORIES  BY  THE 
COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     A  sum  not  exceeding  four  hundred  and  ^ent  of'^^lr- 

seventeen  thousand  dollars  is  hereby  appropriated,  to  be  {he^taklrtr^of^ 

paid  out  of  the  treasury  of  the  commonwealth  from  the  armories  by 
-,.  ^     ....■,.  -.  .         I,  the  common- 

ordinary  revenue,  to  certain  cities  in  which  armories  of  wealth. 

the  first  class  have  been  acquired  by  the  commonwealth 

under  authority  of  chapter   five  hundred   and  twenty-six 

of  the  acts  of  the  year  nineteen  hundred  and  seven,  being 

the  amount  of  sinking  fund  requirements  paid  by  such 

cities  together  with  the   accumulations   of  said   amounts, 

less  the  amounts  heretofore  paid  by  the  commonwealth  to 

said  cities  as  rental. 

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

Approved  April  8,  1908, 


322 


Acts,  1908.  — Chaps.  374,  375,  376. 


Chap.S74i  ^'^^   ^^CT  RELATIVE  TO   CLERICAL  ASSISTANCE   FOR  THE  REG- 
ISTER OE  TROBATE  AND  INSOLVENCY  FOR  THE  COUNTY  OF 

ESSEX. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  register  of  probate  and  insolvencj^  for 
the  county  of  Essex  shall  be  allowed,  in  addition  to  the 
amount  now  allowed  by  law,  a  sum  not  exceeding  twenty- 
five  hundred  dollars  per  annum,  for  clerical  assistance  actu- 
ally performed,  to  be  paid  from  the  treasury  of  the  com- 
monwealth upon  the  certificate  of  the  judge  of  probate  and 
insolvency  for  said  county. 

Section  2.  This  act  shall  take  eifect  on  the  first  day 
of  April  in  the  year  nineteen  hundred  and  eight. 

Approved  April  8,  1908. 


Clerical  assist- 
ance to  the 
register  ol 
probate  and 
insolvency 
for  Essex 
county. 


When  to  take 
efifect. 


Chap.375  -^^  ^^CT  relative  to  the  age  limit  for  appointment 

AS  A   MEMBER  OF  THE   INSPECTION   DEPARTMENT   OF   THE 
district   POLICE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  person  who  is  not  above  the  age  of  fifty 
years,  if  otherwise  qualified,  shall  be  eligible  for  appoint- 
ment as  an  inspector  of  factories  and  public  buildings,  as 
a  member  of  the  inspection  department  of  the  district 
police. 

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

Approved  April  8,  1908. 


Certain  per- 
sons eligible  as 
members  of 
inspection  de- 
partment of 
the  district 
police. 


Chap.37Q  ^'^  ^^ct  relative  to  the  board  of  approval  of  sewer- 
age works  in  the  watershed  of  the  CHARLES  RIVER 
basin   in   the   CITY  OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  created  by  the  provisions  of 
chapter  four  hundred  and  eighty-five  of  the  acts  of  the 
year  nineteen  hundred  and  seven,  entitled  "  An  Act  rela- 
tive to  the  construction  of  sewerage  works  within  the  water- 
shed of  the  Charles  River  basin  by  the  city  of  Boston  ", 
and  charged  with  the  consideration  and  approval  of  plans 
relating  to  sewerage  works  in  the  district  designated  in 
the  said  act,  shall  have  an  office  in  the  offices  of  the  state 
board  of  health  and  shall  have  authority  to  file  its  plans 


Board  of  ap- 
proval of  cer- 
tain sewerage 
works,  powers, 
duties,  etc. 


Acts,  1908.  — Chap.  377.  323 

and  records  in  the  offices  of  said  board.  There  may  be  ex- 
pended out  of  the  treasury  of  the  commonwealth  for  sala- 
ries of  engineers  and  assistants  and  for  other  expenses 
which  may  l)e  necessary  in  connection  with  the  work  of 
said  first-mentioned  board,  a  sum  not  exceeding  eighteen 
hundred  dollars. 

Sectiois'  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  10,  1908. 

A:s  Act  further  to  provide  for  the  protection  of  QJidj)  377 

DEER. 

Be  it  enacted,  etc.,  as  follows: 

Section  seventeen  of  chapter  ninety-two  of  the  Revised  ^c^amended 
Laws,  as  amended  by  chapter  three  hundred  and  seven  of 
the  acts  of  the  year  nineteen  hundred  and  seven,  is  hereby 
further  amended  by  striking  out  said  section  and  insert- 
ing in  place  thereof  the  following :  —  Section  1 7.  Who-  Penalty  for 
ever  before  the  first  day  of  Xovember  in  the  year  nine-  of^deei?'  ^  *'"' 
teen  hundred  and  ten,  hunts,  chases,  wounds  or  kills  a 
deer,  or  sells  or  offers  for  sale,  or  has  in  his  possession  for 
thp  purpose  of  sale,  a  deer  captured  or  killed  in  Massachu- 
setts except  his  own  tame  deer  kept  on  his  own  grounds, 
or  except  a  deer  killed  under  the  provisions  hereinafter 
set  forth,  shall  forfeit  one  hundred  dollars  for  each  offence : 
provided,  however,  that  nothing  contained  herein  shall  Proviso, 
prevent  a  farmer  or  other  person,  or  any  member  of  his 
family  or  person  employed  by  him  acting  under  his  direc- 
tion, from  chasing,  wounding  or  killing  by  use  of  a  shot- 
gun, any  deer  which  he  can  prove  was  found  injuring  or 
destroying  any  crop  or  fruit  tree  upon  the  cultivated  land 
owned  or  occupied  by  him.  Any  farmer  or  other  person 
killing  a  deer  found  injuring  or  destroying  any  crop  or 
fruit  tree,  or  causing  any  deer  to  be  killed  by  any  member 
of  his  family  or  person  employed  by  him  as  aforesaid  shall 
forfeit  the  sum  of  one  hundred  dollars,  unless  he  shall  in 
writing  under  his  sigTiature  report  such  killing  forthwith 
to  the  clerk  of  the  city  or  to^vn  in  which  the  deer  was 
killed,  and  shall  upon  the  same  day  on  which  said  deer 
was  killed  deliver  to  the  clerk  aforesaid  the  carcass  of  the 
deer  so  killed,  which  shall  be  sold  by  said  clerk  and  the 
proceeds  of  said  sale  forwarded  to  the  commissioners  on 
fisheries  and  game  for  the  uses  of  the  said  commissioners. 
The  said  report  shall  state  the  time  and  place  of  the  kill- 


324 


Acts,  1908.  — Chaps.  378,  379. 


ing,  and  the  crop  or  tree  wliicli  was  heinsi-  injured  or  de- 
stroyed by  the  deer,  and  shall  be  recorded  by  the  clerk 
receiving  it,  who  shall  thereupon  forward  it  to  said  com- 
missioners. Approved  April  10,  1908. 


Chap.37S        An  Act  kelative  to  the  inspectors  of  animals. 

Be  it  enacted,  etc.,  as  follows: 

fpec^ors'of  In  all  cities,  at  least  one  of  the  inspectors  of  animals 

animais^to^be^    appointed  undcr  the  provisions  of  section  twelve  of  chap- 
ter ninety  of  the  Revised  Laws  shall  be  a  registered  veter- 


regis 

erinary  sur- 
geons. 


mary  surgeon. 


Approved  April  10,  1908. 


Chcqj.'dl^ 


R.  L.  78,  §  30, 
amended. 


Private  land 
not  to  JDe  used 
for  burial, 
except,  etc. 


Penalty. 


An  Act  relative  to  cemeteries. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  Section  thirty  of  chapter  seventy-eight  of 
the  Revised  Laws  is  hereby  amended  by  inserting  after 
the  word  "  lies  ",  in  the  fifth  line,  the  words :  —  but  no 
such  permission  shall  be  given  until  the  location  of  the 
lands  intended  for  such  use  has  been  approved  in  writing 
by  the  board  of  health  of  the  city  or  town  in  which  the 
lands  are  situated  after  notice  to  all  persons  interested  and 
a  bearing;  and  the  board  of  health,  upon  approval  of  the 
use  of  any  lands  either  for  new  cemeteries  or  for  the  ex- 
tension of  existing  cemeteries,  shall  include  a  description 
of  such  lands  sufficient  for  their  identification  in  the  rec- 
ords of  the  said  board,  —  so  as  to  read  as  follows :  —  Sec- 
tion 30.  Except  in  the  case  of  the  erection  or  use  of  a 
tomb  on  private  land  for  the  exclusive  use  of  the  family 
of  the  owner,  no  land,  other  than  that  already  so  used  or 
appropriated,  shall  be  used  for  the  purpose  of  burial,  un- 
less by  permission  of  the  to^^^l  or  of  the  mayor  and  alder- 
men of  the  city  in  which  the  same  lies;  but  no  such  per- 
mission shall  be  given  until  the  location  of  the  lands 
intended  for  such  use  has  been  approved  in  writing  l)y  the 
board  of  health  of  the  city  or  town  in  which  the  lands  are 
situated  after  notice  to  all  persons  iiitcn-ested  and  a  hear- 
ing; and  the  board  of  health,  upon  approval  of  the  use  of 
any  lands  either  for  new  cemeteries  or  for  the  extension 
of  existing  cemeteries,  shall  include  a  description  of  such 
lands  sufficient  for  their  identification  in  the  records  of 
the  said  board.     For  every  interment  in  violation  of  the 


Acts,  1908.  — Chap.  380.  325 

provisions  of  this  section  in  a  city  or  town  in  which  the 
notice  jarescribed  in  the  following  section  has  been  given, 
the  owner  of  the  land  so  used  shall  forfeit  not  less  than 
twenty  nor  more  than  one  hundred  dollars. 

Section  2.     No  land  other  than  that  so  used  and  ap-  Plan,  etc.,  to 

,.  I"!  CI-  iTii        be  approved  by 

propriated  at  the  time  oi  the  passage  oi  this  act  shall  be  state  board  of 
used  for  the  purpose  of  burial  if  it  be  so  situated  that  sur.- 
face  water  or  ground  drainage  therefrom  may  enter  any 
stream,  pond,  reservoir,  well,  filter  gallery  or  other  water 
used  by  a  city,  town  or  water  company  as  a  source  of  pub- 
lic water  supply,  or  any  tributary  of  a  source  so  used,  or 
any  aqueduct  or  other  works  used  in  connection  therewith, 
until  a  plan  and  description  of  the  lands  proposed  for  such 
use  have  been  submitted  to  the  state  board  of  health  and 
approved  in  writing  by  said  board. 

Section  3.     Any  person  or  corporation,  includino-  those  Persons  ag- 

"^  .  .  T        r  1T11  gneved  may 

persons  or  corporations  m  control  oi  any  public  land,  or  appeal  to 

,  i^  ^  .    .        , .  ,         .     '^  .  ,    state  board  of 

the  oiiicers  of  any  municipality,  who  is  or  are  aggrieved  health,  etc. 
by  the  action  of  a  board  of  health  in  approving  the  pur- 
chase, taking  or  use  of  any  lands  for  cemetery  purposes 
may,  within  sixty  days,  appeal  from  the  order  of  said 
board  to  the  state  board  of  health,  and  said  board  may, 
after  a  hearing,  rescind  such  order  or  may  modify  and 
amend  the  same  by  approving  a  part  of  the  lands  so  pro- 
posed for  such  use  and  may  approve  the  order  as  so  modi- 
fied and  amended. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  10,  1908. 

An  Act  to  provide  for  protecting  the  interests  of  (7//a».380 

INJURED  EMPLOYEES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Any  justice  of  the  superior  court  may,  upon  a  justice  of 
petition  setting  forth  in  ordinary  language  that  the  ser-  court  may 

,  ^  J"  1^    •       n  1  •  order  the  ex- 

vaiit  or  employee  oi  a  certain  firm,  person,  corporation  or  amination  of 
association  has  been  injured  in  the  course  of  his  employ-  wo'^rks"oT'*^^' 
ment,  through  some  defect  in  the  ways,  works  or  machinery  machinery. 
owned  or  used  by  the  employer,  and  that  it  is  necessary  in 
order  to  protect  the  interests  of  the  injured  person  that  an 
examination    of   the   ways,   works   or   machinery   through 
whose  defect  the  injury  occurred  should  be  marie,  grant 
an  order  directing  the  employer  or  person  in   control  of 


326 


Acts,  1908.  — Chaps.  o81,  382. 


such  ways,  works  or  machinery  to  permit  the  person  named 
in  said  order  to  make  such  examination,  under  such  con- 
ditions as  shall  be  set  forth  in  the  ordci';  hut  the  order 
shall  not  be  granted  until  after  such  notice  to  the  em- 
ployer as  any  justice  of  said  court  may  direct  or  approve, 
and  a  hearing. 

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

Approved  April  10,  1908. 


Certain 
machines,  etc. 
to  be  disin- 
fected, etc. 


C^«^:>.381  Ax  Act  relative  to  the  use  by  the  public  of  muto- 

SCOPES,     LUNG    testing    MACHINES    AND    SIMILAR    APPA- 
RATUS. 

Be  it  eriacted,  etc.,  as  foUoivs: 

Section  1.  It  shall  be  the  duty  of  the  proprietor  or 
manager  of  any  place  of  public  amusement  or  other  place 
in  which  there  are  provided  for  public  use  and  entertain- 
ment mutoscopes  or  any  other  machine  or  apparatus  of 
such  nature  that  the  person  using  the  same  breathes  or 
speaks  into  it,  or,  for  the  purpose  of  seeing  or  hearing, 
holds  any  part  thereof  in  contact  with  or  near  to  his  eyes 
or  ears,  to  disinfect  the  same  in  such  manner  as  shall  be 
approved  by  the  local  board  of  health  at  least  twice  dur- 
ina'  such  hours,  in  everv  twentv-four  hours,  as  the  machine 
or  apparatus  is  offered  for  use  by  the  public.  This  act 
shall  not  apply  to  telephones. 

Section  2.  It  shall  be  unlawful  to  provide  for  public 
use  or  entertainment  in  any  place  of  public  amusement  or 
other  place  of  public  resort  any  so-called  lung  testing  ma- 
chine or  similar  contrivance,  the  use  of  which  requires  the 
application  of  any  part  thereof  to  the  lips. 

Section  3.  Whoever  violates  any  provision  of  this  act 
shall  be  punished  by  a  fine  of  not  more  than  twenty-five 
dollars  for  each  offence.  Approved  April  10,  1908. 


Not  to  apply 
to  telephones. 

Use  of  certain 
machines  pro- 
hibited. 


Penalty. 


Chap.SS2  An  Act  relative  to  the  fees  for  filin(;  and  record- 
ing  CERTIFICATES   OF  CORPORATIONS. 

Be  it  enacted,  etc.,  as  foUoivs: 

R.  L.  no,  §86.  Section  1.  Section  eighty-six  of  chapter  one  hundred 
and  ten  of  the  Revised  Laws  is  hereby  amended  by  strik- 
ing out  after  the  word  "  five  ",  in  the  eighth  line,  the 
words  "  nor  more  than  two  hundred  ",  and  bv  strikino;  out 


Acts,  1908.  — Chap.  383.  327 

all  of  the  third  paragraph  after  the  word  "  increased  ",  in 
the  eleventh  line,  so  that  the  first  three  paragraphs  of  said 
section  will  read  as  follows :  — 

The  fees  for  filing  and  recording  the  certificates  which  Fees  of  filing, 
are  required  by  this  and  the  preceding  chapter  to  be  filed  cate's. 
with  the  secretary  of  the  commonwealth  shall  be  as  fol- 
lows :  — 

For  filing  and  recording  the  certificates  required  by  sec- 
tions twenty  and  twenty-one,  including  the  issuing  of  the 
certificate  of  organization  by  the  secretary,  one  twentieth 
of  one  per  cent  of  the  amount  of  the  capital  stock  as  fixed 
by  the  agreement  of  association ;  but  not  less  in  any  case 
than  five  dollars. 

For  filing  and  recording  the  certificate  required  by  sec- 
tion fifty-four,  one  twentieth  of  one  per  cent  of  the  amount 
by  which  the  capital  is  increased. 

Section  2.     Chapter  two  hundred  and  nineteen  of  the  Repeal, 
acts  of  the  year  nineteen  hundred  and  eight  is  hereby  re- 
pealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  10,  1908. 

An  Act  to  provide  for  protecting  the  water  supply  z^/,^..  qqq 
of  the  city  of  fitchburg. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Fitchburg  may,  with  the  con-  city  of  Fitch- 
sent  and  approval  of  the  state  board  of  health,  given  after  c^r'tiiS'fands!'^ 
due  notice  and  a  hearing,  take,  by  purchase  or  otherwise,  ^ectlon'^of'^"" 
and  hold  any  lands,  buildings,  rights  of  way  and  easements  water  supply, 
within  the  watersheds  of  Meetinghouse  pond  in  the  town 
of  Westminster,  and  of  Wachusett  lake  in  the  towns  of 
Westminster  and  Princeton,  or  either  of  them,  which  may 
be  deemed  necessary  to  protect  and  preserve  the  purity  of 
the  water  supply  of  the  city. 

Section  2.  If  any  lands,  buildings,  rights  or  easements  Description  of 
are  taken  under  authority  hereof  otherwise  than  by  pur-  J;o"^|d°etc  ^'^' 
chase,  the  said  city  shall,  within  ninety  days  thereafter, 
file  and  cause  to  be  recorded  in  the  registry  of  deeds  for 
the  district  in  the  county  of  Worcester  in  which  the  land 
lies,  a  description  thereof  sufficiently  accurate  for  identifi- 
cation, with  a  statement  of  the  purpose  for  which  the  same 
are  taken,  signed  by  the  water  commissioners  of  said  city. 


328 


Acts,  1908.  — Ciiap.  384. 


Damages. 


Proviso. 


Assessment  of 
taxes,  etc. 


Damages  to  be 
paid  from  pro- 
ceeds of  sale 
of  bonds,  etc. 


Upon  the  filing  of  said  description  and  statement  the  title 
in  fee  simple  to  the  lands,  buildings,  rights  or  easements 
so  taken,  shall  vest  in  the  city.  All  lands  taken,  purchased 
or  acquired  in  any  way  under  the  provisions  of  this  act 
shall  be  under  the  control  of  the  board  of  water  commis- 
sioners of  the  city  of  Fitchburg,  who  shall  manage  and 
improve  them  in  such  manner  as  they  shall  deem  for  the 
best  interest  of  the  city. 

Section  3.  The  city  of  Fitchburg  shall  pay  all  dam- 
ages sustained  by  any  person  or  corporation  by  the  taking 
of  any  lands,  buildings,  rights  or  easements  under  the  au- 
thority of  this  act ;  and  if  the  parties  cannot  agree  upon 
the  amount  of  the  same,  they  may  be  recovered  in  the 
manner  provided  by  law  in  the  case  of  land  taken  for  the 
laying  out  of  highways:  provided,  that  application  there- 
for is  made  within  three  years  after  the  said  taking. 

Section  4,  After  the  actual  taking  of  any  property  in 
the  towns  of  Westminster  or  Princeton,  by  the  city  of 
Fitchburg  under  authority  of  this  act,  the  same  may  be 
valued  by  the  assessors  of  said  towns,  respectively,  on  the 
basis  of  the  average  of  the  assessed  values  of  the  water 
rights,  real  estate  and  easements  so  taken,  for  the  three 
years  last  preceding  the  acquisition  thereof ;  and  said  city 
shall  annually  pay  to  said  towns,  respectively,  taxes  or 
sums  in  lieu  of  taxes,  at  the  rate  per  thousand  of  all  taxes 
in  said  town  for  that  year,  on  the  valuations  so  deter- 
mined. 

Section  5.  All  damages  to  be  paid  by  the  said  city  by 
reason  of  any  act  done  under  the  authority  of  this  chapter 
may  be  paid  out  of  the  proceeds  of  the  sale  of  bonds  issued 
under  the  authority  of  chapter  one  hundred  and  ninety- 
nine  of  the  acts  of  the  year  nineteen  hundred  and  seven. 

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

Approved  April  10,  1908. 


Cha2).384:  An  Act  to  incorporate  the  lowell  funeral  associa- 
tion. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  ]\Iaxime  Lepine,  Amedee  Archambault,  Au- 
guste  Levesque,  George  E.  Caisse,  George  E.  Mongeau, 
Kapoleon  Bilodeau,  their  associates  and  successors,  are 
hereby  made   a  corporation  by  the  name  of  the   Lowell 


Lowell 
Funeral  .As- 
sociation in- 
corporated. 


Acts,  1908.  — Chap.  385.  329 

Funeral  Association,  to  be  located  in  the  city  of  Lowell, 
for  the  purpose  and  with  the  powers  of  providing,  through 
assessments  upon  its  members,  the  funds  necessary  for  de- 
fraying the  burial  expenses  of  deceased  members  and  of 
their  deceased  dependent  children ;  the  membership  to  bo  Membership. 
limited  to  French  people  and  their  descendants  who  are 
or  have  been  residents  of  the  said  city.     The  said  corpora-  Powers  and 
tion,  except  as  herein  otherwise  provided,  shall  have  and 
may  exercise   all   the   powers,    rights   and   privileges,   and 
shall  be  subject  to  all  the  duties,  liabilities  and  require- 
ments conferred  or  imposed  by  all  laws  now  or  hereafter 
in  force  applicable  to  fraternal  beneficiary  corporations. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  10,  1908. 

An  Act  relative  to  the  observance  of  the  lord's  (JIk^^j  335 

DAY. 

Be  it  enacted,  etc.,  an  follows: 

Section  1.  Section  one  of  chapter  ninety-eight  of  the  r.  l.  9S,  §  1, 
Revised  Laws,  as  amended  by  section  one  of  chapter  four 
hundred  and  sixty  of  the  acts  of  the  year  nineteen  hun- 
dred and  four,  is  hereby  further  amended  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following: 
—  Section  1.     Whoever  on  the  Lord's  day  is  present  at  a  Penalty  for 

,1  ITT'  1.  J.       £   being  present, 

game,  sjDort,  play  or  public  diversion,  except  a  concert  01  etc.,  at  cer- 
sacred  music  or  a  public  entertainment  duly  licensed   as  tlinmen'ts  on 
hereinafter  provided,  or  a  free  open  air  concert  given  by  day.^"'^'^'^ 
a  city  or  town  or  by  license  of  the  mayor  of  a  city,  or  the 
selectmen  of  a  town,  upon  a  common  or  public  park,  street 
or  square,  shall  be  punished  by  a  fine  of  not  more  than 
five  dollars  for  each  offence.     The  mayor  of  a  city  and  the  Certain  public 
selectmen  of  a  town  may,  except  as  provided  in  section  ments  may  be 
forty-six  of  chapter  one  hundred  and  six  of  the  Revised 
Laws,   upon   written   application   describing  the   proposed 
entertainment,  grant  licenses  for  public  entertainments  to 
be  held  on  the  Lord's  day  which  shall  be  in  keeping  with 
the  character  of  the  day  and  not  inconsistent  with  its  due 
observance,  and  to  which  admission  is  to  be  obtained  \\\xm 
payment  of  money  or  some  other  pecuniary  or  valuable 
consideration,   such   license   to  be   issued   subject   to   such 
terms  or  conditions  as  the  mayor  or  selectmen  may  pre- 
scribe:  provided,  Jiowever,  that  no   such   license  shall  be  Proviso. 


330 


Acts,  1908.  — Chap.  385. 


Revocation  of 
license. 


Penalty. 


R.  L.  102, 
§  172,  etc. 
amended. 


Certain  exhi- 
bitions, etc., 
may  be 
licensed,  etc. 


granted  to  have  eflfect  before  one  o'clock  in  the  afternoon, 
nor  nnless  the  proposed  entertainment  shall  be  ap])roved 
in  writing-  bv  the  chief  of  the  district  police  as  being  in 
keeping  with  the  character  of  the  day  and  as  not  inconsist- 
ent with  its  due  observance.  Any  snch  license  may,  after 
notice  and  a  hearing  given  by  the  mayor  or  sf^lectmen 
issuing  the  same,  or  by  the  chief  of  the  district  police, 
be  suspended,  revoked  or  annulled  by  them  or  him.  Who- 
ever offers  to  view,  sets  up,  establishes,  maintains  or  at- 
tempts to  set  up,  establish  or  maintain,  or  promotes  or 
assists  in  such  attempt,  or  promotes,  or  aids,  abets,  or  par- 
ticipates in  offering  to  view,  setting  up,  establishing  or 
maintaining  any  public  entertainment  on  the  Lord's  day, 
except  a  concert  of  sacred  music,  or  free  open  air  concert, 
as  hereinbefore  provided,  unless  such  public  entertainment 
shall  be  in  keeping  with  the  character  of  the  day  and  not 
inconsistent  with  its  due  observance  and  duly  licensed,  as 
herein  provided,  shall  be  punished  by  a  fine  of  not  more 
than  five  hundred  dollars. 

Section  2.  Section  one  hundred  and  seventy-two  of 
chapter  one  hundred  and  two  of  the  Revised  Laws,  as 
amended  by  section  four  of  chapter  four  hundred  and 
sixty  of  the  acts  of  the  year  nineteen  hundred  and  four, 
by  chapter  three  hundred  and  forty-one  of  the  acts  of  the 
year  nineteen  hundred  and  five,  and  by  chapter  two  hun- 
dred and  seventy-four  of  the  acts  of  the  year  nineteen 
hundred  and  seven,  is  hereby  further  amended  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the 
following:  —  Section  172.  The  mayor  of  a  city  or  the  se- 
lectmen of  a  town  may,  except  as  provided  in  section  forty- 
six  of  chapter  one  hundred  and  six  of  the  Revised  Laws, 
grant,  upon  such  terms  and  conditions  as  they  deem  rea- 
sonable, a  license  for  theatrical  exhibitions,  public  shows, 
public  amusements  and  exhibitions  of  every  description  to 
which  admission  is  obtained  upon  payment  of  money  or 
upon  the  delivery  of  any  valuable  thing,  or  by  a  ticket  or 
voucher  (jbtained  for  money  or  any  valuable  thing,  or  in 
which  after  free  admission,  amusement  is  furnished  upon 
a  deposit  of  money  in  a  mechanical  device  known  as  the 
"  nickel  in  the  slot  "  machine  or  "  penny  in  the  slot "  ma- 
chine, or  in  any  other  similar  machine,  and  the  mayor 
or  selectmen  may  revoke  or  suspend  such  license  at  their 
pleasure,  but  they  shall  not  grant  a  license  for  any  such 


Acts,  1908.  — Chap.  386.  331 

theatrical  exhibitions,  public  shows  or  public  amusements 
or  exhibitions  of  any  description  whatever  to  be  held  upon 
the  Lord's  day,  except  that  they  may  grant  licenses  for 
public  entertainments  to  be  held  on  the  Lord's  day  which 
shall  be  in  keeping  with  the  character  of  the  day  and  not 
inconsistent  with  its  due  observance,  to  which  admission 
is  obtained  upon  payment  of  money  or  some  other  pecun- 
iary or  valuable  consideration,  such  license  to  be  issued 
subject  to  such  terms  or  conditions  as  the  mayor  or  select- 
men may  prescribe:  provided,  however,  that  no  such  license  Proviso, 
to  be  exercised  on  the  Lord's  day  shall  be  granted  to  have 
effect  before  one  o'clock  in  the  afternoon,  nor  unless  the 
proposed  entertainment  shall  be  approved  in  writing  by 
the  chief  of  the  district  police  as  being  in  keeping  with 
the  character  of  the  day  and  as  not  inconsistent  with  its 
due  observance,  and  any  such  license  may,  after  notice 
and  a  hearing  given  by  the  mayor  or  selectmen  issuing  the 
same,  or  by  the  chief  of  the  district  police,  be  suspended, 
revoked  or  annulled  by  them  or  him,  and  no  such  exhibi- 
tion, show  or  amusement,  except  a  concert  of  sacred  music 
or  a  free  open  air  concert  given  by  a  city  or  town  upon  a 
common,  public  park,  street  or  square  shall  be  given  with- 
out such  license. 

Sectiox  3.    All  acts  and  parts  of  acts  inconsistent  here-  Repeal, 
with  are  hereby  repealed.        Approved  April  11,  1908. 

An  Act  to  pkohibit  the  dissemination  by  advertise-  fij^nj^  Qgg 

MENT  OR  OTHERWISE  OF  INFORMATION  CONCERNING  CER- 
TAIN  DISEASES. 

Be  it  enacted,  etc.,  as  follows: 

Wlioever  publishes,  delivers,  distributes  or  causes  to  be  Dissemination 
published,  delivered,  or  distributed,  an  advertisement,  state-  ment,\Tc.',Tf 
ment  or  notice,  other  than  a  label  which  is  attached  to  a  fJjTc^nlLT 
bottle  or  package  of  medicine,  or  which  is  contained  in  a  eases'pro-^" 
sealed  package  of  medicine,  describing  the  causes,  symp-  hibited. 
toms,  details  or  effects  of  a  venereal  disease,  or  of  a  dis- 
ease, infirmity  or  condition  of  the  sexual  organs,  for  .the 
purpose  of  calling  attention  to  or  advertising  a  person  or 
persons  from  whom,  or  an  office  or  place  at  which,  infor- 
mation, treatment,  or  advice  may  be  obtained  concerning 
such  diseases  or  conditions,  shall  be  punished  by  impris-  Penalty, 
onment  for  not  more  than  six  months  or  by  a  fine  of  not 


332 


Acts,  1908.  — Chap.  387. 


Not  to  apply 
in  certain 
cases. 


less  than  fifty  nor  more  than  five  hundred  dollars,  or  by 
both  such  fine  and  imprisonment.  But  the  prohibitions  of 
this  act  shall  not  be  deemed  to  apply  to  the  printing  or 
delivering-  in  sealed  packages  outside  of  this  commonwealth 
of  books,  •})amphlets,  or  circulars  containing  such  adver- 
tisements ;  nor  to  newspapers  printed  outside  of  this  com- 
monwealth. Approved  April  11,  1908. 


R.  L.  12,  §  57 
amended. 


List  to  exhibit 
valuation  of 
resident  and 
non-resident 
owners. 


Chap.^Sl  An  Act  relative  to  the  valuation  lists  prepared  by 

ASSESSORS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fifty-seven  of  chapter  twelve  of  the 
Revised  Laws  is  hereby  amended  by  striking  out  the  words 
"first  part  of  the",  in  the  first  line,  by  striking  out  the 
words  "  the  second  part  shall  exhibit  ",  in  the  third  line, 
and  inserting  in  place  thereof  the  word :  —  and,  —  and  by 
striking  out  the  words  "  in  separate  columns ",  in  the 
fourth  line,  so  as  to  read  as  follows :  —  Section  57.  The 
list  shall  exhibit  the  valuation  and  assessment  of  the  polls 
and  estates  of  the  inhabitants  assessed ;  and  the  valuation 
and  assessment  of  the  estates  of  non-resident  owners,  and 
shall  contain  the  names  of  the  non-resident  owners  of  the 
property  assessed,  or  such  description  of  them  as  can  be 
given,  their  places  of  abode,  if  known,  the  description  of 
their  estate,  the  true  value  of  such  estate,  and  the  tax 
thereon. 

Section  2.  The  first  paragraph  of  section  fifty-eight 
of  said  cha])ter  twelve,  as  amended  by  chapter  three  hun- 
dred and  fourteen  of  the  acts  of  the  year  nineteen  hundred 
and  eight,  is  hereby  further  amended  by  striking  out  the 
word  "  secretary  ",  in  the  first  line,  and  inserting  in  place 
thereof  the  words :  —  tax  commissioner,  —  and  by  insert- 
ing after  the  word  "  form  ",  in  the  sixth  line,  the  words: 
—  pi-ovided,  however,  that  in  lieu  of  the  valuation  list 
provided  for  in  this  secti(m  and  the  preceding  two  sections, 
the  assessors  of  any  city  may,  with  the  assent  of  the  tax 
commissioner,  prepare  a  valuation  list  upon  books  fur- 
nished by  the  city  and  in  such  form  as  the  tax  commis- 
sioner shall  a])])rovo,  —  so  that  the  first  paragraph  of  said 
section  will  read  as  follows:  —  The  tax  commissioner  of 
the  commonwealth  shall  provide  each  city  and  town,  on  or 
before  the  first  day  of  May  ainiually,  suitable  books  for 


R.  L.  12,  §  58, 
etc.,  amended. 


Ta.\  com- 
mi.ssioner  to 
furnish  books 
to  assessors. 


Acts,  1908.  — Chap.  388.  333 

the  use  of  the  assessors  in  the  assessment  of  taxes,  which 
shall  contain  blank  columns,  with  uniform  headings  for  a 
valuation  list,  and  blank  tables  for  aggregates,  in  the  fol- 
lowing form:  provided,  however,  that  in  lieu  of  the  valua-  Proviso, 
tion  list  provided  for  in  this  section  and  the  preceding  two 
sections,  the  assessors  of  any  city  may,  with  the  assent  of 
the  tax  commissioner,  prepare  a  valuation  list  uix)n  books 
furnished  by  the  city  and  in  such  form  as  the  tax  com- 
missioner shall  approve. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  11,  1908. 

An   Act   relative   to   the   date   of   payment   by  the  (JJjai-f  3gg 

BOSTON  elevated  RAILWAY  COMPANY  OF  ITS  FRANCHISE 
TAX. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     Section  ten  of  chapter  five  hundred  of  the  isor,  soo,  §  lo, 
acts   of   the   year   eighteen   hundred    and   ninety-seven    is 
hereby  amended  by  striking  out  the  word  "  last  ",  in  the 
forty-first  line,  and  inserting  in  place  thereof  the  word :  — - 
tenth,  —  so   as   to  read   as   follows:  —  Section    10.      Said  ^ay establish 

and  take  a  toll 

corporation  may  establish,  and  take  a  toll  or  fare,  which  or  fare,  etc. 
shall  not  exceed  the  sum  of  five  cents  for  a  single  continu- 
ous passage  in  the  same  general  direction  upon  the  roads 
owned,  leased  or  operated  by  it ;  and  this  sum  shall  not 
be  reduced  by  the  legislature  during  the  period  of  twenty- 
five  years,  from  and  after  the  passage  of  this  act :  pro-  Proviso. 
vided,  however,  that  the  board  of  railroad  commissioners 
may  upon  the  petition  of  the  board  of  aldermen  of  a  city, 
selectmen  of  a  town,  or  fifty  legal  voters  of  a  city  or  town, 
in  which  any  of  the  lines  owned,  leased  or  operated  by  ,' 

said  corporation  are  located,  after  due  notice  and  hearing  ( 

the  parties  interested,  reduce  such  toll  or  fare ;  but  such 
toll  or  fare  shall  not,  without  the  consent  of  said  corpora- 
tion, be  so  reduced  as  to  yield,  with  all  other  earnings  and  i  -J, 
income  of  said  corporation,  except  the  income  of  the  funds 
deposited  with  the  treasurer  of  the  commonwealth  as  re- 
quired by  this  act  and  said  chapter  five  hundred  and  forty- 
eight,  a  net  divisible  income,  after  paying  all  expenses  of 
operation,  interest,  taxes,  rentals,  and  other  lawful  charges, 
and  after  charging  ofp  a  reasonable  amount  for  deprecia- 
tion, of  less  than  eight  per  cent  per  annum  on  the  outstand- 


334 


Acts,  1908.  — Chap.  388. 


Certain 
burdens,  obli- 
gations, etc., 
not  to  be  im- 
posed, etc. 


Proviso. 


Free  transfers 
to  be  pro- 
vided, etc. 


ing  capital  stock  of  said  corporation  actually  paid  in  in 
cash.  The  report  of  the  board  shall  be  final  and  conclu- 
sive for  one  year.  During  said  period  of  twenty-five  years 
no  taxes  or  excises  not  at  present  in  fact  imposed  upon 
street  railways  shall  be  imposed  in  respect  of  the  lines 
owned,  leased  or  operated  by  said  corporation,  other  than 
such  as  may  have  been  in  fact  imposed  upon  the  lines  here- 
after leased  or  operated  by  it  at  the  date  of  such  operating 
contract  or  of  such  lease  or  agreement  hereafter  made 
therefor  nor  any  other  burden,  duty  or  obligation  which 
is  not  at  the  same  time  imposed  by  general  law  on  all  street 
railway  companies:  provided,  however,  that  said  corpora- 
tion shall  be  annually  assessed  and  shall  pay  taxes  now  or 
hereafter  imposed  by  general  law  in  the  same  manner  as 
though  it  were  a  street  railway  company,  and  shall,  in 
addition,  as  compensation  for  the  privileges  herein  granted, 
and  for  the  use  and  occupation  of  the  public  streets,  squares 
and  places,  by  the  lines  of  elevated  and  surface  railroad 
owned,  leased  and  operated  by  it,  pay  to  the  common- 
wealth, on  or  before  the  tenth  day  of  J^ovember  in  each 
year,  during  said  period  of  twenty-five  years,  an  annual 
sum,  the  amount  of  which  shall,  in  each  year  ending  the 
last  day  of  September,  be  determined  by  the  amount  of  the 
annual  dividend  paid  in  that  year  by  said  corporation,  in 
the  following  manner :  —  If  the  annual  dividend  paid  is 
six  per  cent  or  less,  or  if  no  dividend  is  paid,  the  sum  pay- 
able that  year  shall  be  a  sum  equal  to  seven  eighths  of  one 
per  cent  of  the  gross  earnings  of  all  the  lines  of  elevated 
or  surface  railroads  owned,  leased  or  operated  by  said  cor- 
poration ;  if  said  dividend  exceeds  six  per  cent  then  a  sum 
equal  to  the  excess  of  the  dividends  over  six  per  cent  in 
addition  to  said  seven  eighths  of  one  per  cent  of  said  gross 
earnings.  The  above  sum  shall  be  paid  into  the  treasury 
of  the  commonwealth  and  distributed  among  the  different 
cities  and  towns  in  proportion  to  the  mileage  of  elevated 
and  surface  main  track,  reckoned  as  single  track,  which  is 
owned,  leased  or  operated  by  said  corporation  and  located 
therein.  Said  corporation  shall  also  provide  free  trans- 
fer from  elevated  to  surface  and  from  surface  to  elevated 
cars  at  all  stations  of  the  elevated  lines  reached  by  surface 
lines  and  from  one  elevated  car  or  train  to  another  at  junc- 
tion points  entitling  a  passenger  to  a  continuous  ride  in 
the  same  general  direction,  and  such  further  free  transfers 
on  all  the  surface  lines  of  railway  owned,  leased  or  oper- 


Acts,  1908.  — CnAr.  389.  335 

atcd  bj  it,  as  may  be  satisfactory  to  or  required  by  the 
board  of  railroad  commissioners. 

Section  2.     This  act  shall  take  effect  upon  its  accept-  when  to  take 
ance  by  the  board  of  directors  of  the  Boston  Elevated  Rail- 
way Company  within  two  months  after  the  date  of  its 
passage.  Approved  April  11,  1908. 

An  Act  to  define  the  powers  and  duties  of  the  in-  Chan.SS^) 

SPECTOES    OF   FACTORIES    AND   PUBLIC    BUILDINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  chief  of  the  district  police,  the  deputy  Powers  and 
chief  of  the  inspection  department  of  the  district  police,  in^pect^rs  of 
and  the  inspectors  of  factories  and  public  buildings  may,  dTfin"d.^'  ^*''" 
in  the  performance  of  their  duty  in  enforcing  the  laws  of 
the  commonwealth,  enter  any  building,  structure  or  enclos- 
ure, or  any  part  thereof,  and  examine  the  methods  of  pre- 
vention of  fire,  means  of  exit,  and  means  of  protection 
against  accident,  and  may  make  investigations  as  to  the 
employment  of  children,  young  persons  and  women,  ex- 
cept concerning  health  and  the  influence  of  occupation 
upon  health.  They  may,  except  in  the  city  of  Boston, 
enter  any  public  building,  public  or  private  institution, 
schoolhouse,  church,  theatre,  public  hall,  place  of  assem- 
blage, or  place  of  public  resort,  and  make  such  investiga- 
tions and  order  su«h  structural  or  other  changes,  in  said 
buildings,   as   are   necessary   relative   to   the   construction,  j 

occupation  and  heating  appliances  and  conditions,  except 
for  ventilating  and  sanitary  purposes:  provided,  however.  Proviso, 
that  they  may  order  structural  changes  for  any  purpose 
whenever  the  necessity  therefor  has  been  reported  in  ac- 
cordance with  the  provisions  of  section  five  of  chapter  five 
hundred  and  thirty-seven  of  the  acts  of  the  year  nineteen 
hundred  and  seven. 

Section  2.  Any  person  who  hinders  or  prevents  or  penalty, 
attempts  to  prevent  any  member  of  the  inspection  depart- 
ment of  the  district  police  from  entering  any  building, 
structure  or  enclosure  or  part  thereof  specified  in  the  pre- 
ceding section  shall  be  liable  to  a  penalty  of  not  less  than 
fifty  nor  more  than  one  hundred  dollars. 

Section  3.     Trial  justices,  police,  municipal  and  dis-  certain  courts 
trict   courts   shall   have   concurrent   jurisdiction   with   the  jurisdiction, 
superior  court  to  enforce  the  provisions  of  this  act. 

Approved  April  11,  1908. 


336 


Acts,  1908.  — Chap.  390. 


1906.  46:i,  §  37 
Part  I, 
amended. 


Damages. 


Chajy.i^^O  An  Act  relative  to  the  powers  and  duties  of  audi- 
tors  IN   proceedings   for  the  abolition   of  grade 

CROSSINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  thirtj-seven  of  Part  I  of  chapter 
four  hundred  and  sixty-three  of  the  acts  of  the  year  nine- 
teen hundred  and  six  is  hereby  amended  by  inserting  after 
the  word  "'  corjjoration  ",  in  the  seventeenth  line,  the  words : 
—  Any  amount  paid  by  way  of  damages  by  either  the  city 
or  to\vn  or  the  railroad  corporation  primarily  liable  there- 
for shall  be  subject  to  investigation  by  the  auditor,  unless 
such  settlements  are  assented  to  in  writing  by  all  parties 
to  the  proceeding,  as  provided  in  section  thirty-nine,  —  so 
as  to  read  as  follows :  —  Section  37.  All  damages  which 
may  be  sustained  by  any  person  in  his  proj>eTty  by  the 
taking  of  land  for  or  by  the  alterations  of  the  grade  of  a 
public  way,  or  by  an  abutter  thereon  by  the  discontinuance 
of  such  public  way,  to  the  same  extent  as  damages  are  re- 
coverable by  abutters  on  ways  discontinued  by  towns,  or 
by  the  taking  of  an  easement  in  land  adjoining  a  public 
way,  shall  primarily  be  paid  by  the  city  or  town ;  and  all 
damages  which  may  be  caused  by  the  taking  of  land  for 
the  railroad  or  by  the  change  or  discontinuance  of  a  pri- 
vate way,  or  by  the  taking  of  an  easement  in  land  adjoin- 
ing a  private  way  or  a  railroad  location  in  connection  with 
the  abolition  of  a  grade  crossing  shall  primarily  be  paid 
by  the  railroad  corporation ;  and  all  damages  which  may 
be  sustained  by  any  person  by  the  abolition  of  private 
ways,  except  as  hereinbefore  provided,  shall  be  entirely 
paid  by  the  railroad  corporation.  Any  amount  paid  by 
way  of  damages  by  either  the  city  or  town  or  the  railroad 
corporation  primarily  liable  therefor  shall  be  subject  to 
investigation  by  the  auditor,  unless  such  settlements  are 
assented  to  in  writing  by  all  parties  to  the  proceeding,  as 
provided  in  section  thirty-nine.  If  the  parties  interested 
cannot  agree  upon  said  damages,  any  party  ma_y  have  the 
damages  determined  by  a  jury  in  the  superior  court  for 
the  county  in  which  the  property  and  crossing  are  situated, 
on  petition,  brought  within  one  year  after  the  time  the 
property  is  entered  upon  and  work  actually  begim  thereon, 
in  the  same  manner  as  damages  may  be  determined  which 
are  caused  by  the  taking  of  land  for  the  locating  of  rail- 


Acts,  1908.  — Chap.  390.  337 

roads  and  the  laying  ont  or  discontinuance  of  ])nblic  ways, 
respectively,  in  such  city  or  town ;  Lnt  all  expense  which 
results  from  the  necessary  relocating  or  changing  of  streams 
and  water  courses  forming  the  natural  drainage  channels 
of  the  territory  in  which  alterations  of  grades  are  author- 
ized and  of  sewers,  drains  and  pipes  therein  owned  and 
operated  by  municipal  corporations  shall  he  primarily  paid 
by  said  city  or  town,  and  shall  be  a  part  of  the  actual  cost 
of  the  alterations  specified  in  section  thirty-four.  A  party 
who  recovers  damages  in  such  proceedings  shall  also  re- 
cover costs  as  in  other  civil  cases,  and  the  court  may  in  its 
discretion  allow,  as  a  part  of  such  costs,  the  reasonable 
expenses  incurred  for  surveys  and  plans, 

Sectiox  2.  Section  thirty-nine  of  Part  I  of  said  chap-  1906, 463,  §  39. 
ter  four  hundred  and  sixty-three  is  hereby  amended  by  in-  amended, 
serting  before  the  word  "  Such  ",  in  the  ninth  line,  the 
words :  —  The  auditor  shall  upon  request  of  any  of  the 
parties  to  the  proceeding  investigate  the  amounts  pre- 
sented for  allowance  by  any  city  or  to^vn  or  any  railroad 
corporation  as  expended  in  the  payment  of  damages  for 
land  taken  or  affected  by  reason  of  the  proposed  alteration, 
which  have  been  paid  by  the  party  primarily  liable  there- 
for, as  provided  in  section  thirty-seven,  unless  it  appears 
that  all  of  the  parties  to  the  proceeding  for  the  abolition 
of  the  grade  crossing  have  assented  in  writing  to  the  pay- 
ment or  settlement  so  made  by  the  party  primarily  liable, 
and  in  case  the  auditor  determines  that  the  amount  so 
paid  is  in  excess  of  what  in  his  opinion  should  have  been 
properly  paid  therefor,  he  shall  allow  only  such  portion  of 
the  amount  so  paid  as  he  may  deem  to  be  just  and  reason- 
able, -^  so  as  to  read  as  follows :  —  Section  39.     The  court  Auditor, 

in  •  ^•  11111  T    '  1  duties, 

shall  appoint  an  auditor,  who  shall  be  a  disinterested  per-  compensation, 
son,  not  an  inhabitant  of  the  city  or  town  in  which  the 
crossing  is  situated,  whose  compensation  shall  be  deter- 
mined by  the  court  and  to  whom  shall  from  time  to  time 
be  submitted  all  accounts  of  expense  incurred  by  the  rail- 
road corporations,  street  railway  companies,  if  any,  city, 
town,  commission  or  auditor,  and  who  shall  audit  the  same 
and  make  report  thereon  to  the  court.  The  auditor  shall 
upon  request  of  any  of  the  parties  to  the  proceeding  in- 
vestigate the  amounts  presented  for  allowance  by  any  city 
or  to^vn  or  any  railroad  corporation  as  expended  in  the 
payment  of  damages  for  land  taken  or  affected  by  reason 


338  Acts,  1908.  — Chap.  390. 

Auditor,  of  the  proposed  alteration,  wliicli  have  been  paid  by  the 

duties  coni"  i  •/ 

pensat'ion.  partv  primarily  liable  therefor,  as  provided  in  section 
thirty-seven,  unless  it  appears  that  all  of  the  parties  to  the 
proceeding  for  the  abolition  of  the  grade  crossing  have  as- 
sented in  writing  to  the  payment  or  settlement  so  made  by 
the  party  primarily  liable,  and  in  case  the  auditor  deter- 
mines that  the  amount  so  paid  is  in  excess  of  what  in  his 
opinion  should  have  been  properly  paid  therefor,  he  shall 
allow  only  such  portion  of  the  amount  so  paid  as  he  may 
deem  to  be  just  and  reasonable.  Such  auditing,  when  ac- 
cepted by  the  court,  shall  be  final.  A  certified  copy  of 
such  report  and  the  decree  of  the  court  thereon  shall  be 
filed  with  the  auditor  of  the  commonwealth.  The  court 
shall,  from  time  to  time,  issue  its  decrees  for  payments  on 
the  part  of  the  railroad  corporation  and  on  the  part  of  any 
street  railway  company,  not  exceeding  the  amounts  appor- 
tioned to  them  respectively  by  said  auditor  in  his  report, 
and  for  the  payment  by  the  commonwealth  of  a  sum  not 
exceeding  the  amounts  apjwrtioned  to  it  and  to  the  city  or 
town;  and  such  city  or  town  shall  repay  to  the  common- 
wealth the  amount  apportioned  to  it,  with  interest  thereon, 
payable  annually  at  the  rate  of  four  per  cent  from  the  date 
of  the  acceptance  of  the  report  of  the  auditor.  Such  re- 
payment of  the  principal  shall  be  made  annually  in  such 
amounts  as  the  auditor  of  the  commonwealth  may  desig- 
nate ;  and  the  amount  of  payment  designated  for  the  year, 
with  the  interest  due  on  the  outstanding  principal,  shall 
be  included  by  the  treasurer  and  receiver  general  in  the 
amount  charged  to  such  city  or  town,  and  shall  be  assessed 
upon  it  in  the  apportionment  and  assessment  of  its  annual 
state  tax.  The  treasurer  and  receiver  general  shall  in  each 
year  notify  such  city  or  town  of  the  amount  of  such  assess- 
ment, which  shall  be  paid  by  it  into  the  treasury  of  the 
commonwealth  as  a  part  of,  and  at  the  time  required  for, 
the  payment  of  its  state  tax.  When  the  final  assessment 
on  a  city  or  town  has  been  paid  by  it,  the  treasurer  and 
receiver  general  shall  repay  to  it,  in  reduction  of  said  final 
pajTuent,  the  amount  of  interest,  if  any,  which  has  been 
assessed  to  and  paid  by  it  in  excess  of  the  actual  interest 
cost  to  the  commonwealth  for  money  borrowed  for  the 
abolition  of  grade  crossings  previous  to  the  payment  of 
said  final  assessment. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  11,  1908. 


Acts,  1908.  — Chaps.  391,  392.  339 


An  Act  to  authoeize  the  appointment  of  temporary  Chap.S91 

COUNTY  treasurers. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  second  paragraph  of  section  three  hun-  i907,  56o, 

f.  ■,  -,        -,  1.  j?i«  "^^^^  second 

drecl  and  seven  oi  chapter  nve  hnndred  and  sixty  oi  the  paragraph, 
acts  of  the  year  nineteen  hundred  and  seven  is  hereby 
amended  by  adding  at  the  end  thereof  the  words :  —  In 
case  of  the  inability  of  the  treasurer  of  any  county  to  act 
as  such  treasurer  by  reason  of  ilhiess  or  absence  from  the 
county,  or  by  reason  of  any  other  cause,  the  county  com- 
missioners for  said  comity  may  appoint  some  jjerson  to  till 
such  office  until  said  treasurer  is  able  to  resume  his  duties. 
The  person  appointed  to  act  as  temporary  treasurer  shall 
give  a  bond  to  secure  the  faithful  performance  of  his 
duties,  in  such  sum  and  with  such  sureties  as  said  county 
commissioners  shall  approve,  —  so  that  said  paragraph  will 
read  as  follows :  —  Hiion  a  vacancy  by  removal  or  other-  County 

T  1^.  !•  c  •    i  £•    1        1      treasurer  and 

Wise  m  the  othce  oi  county  treasurer  or  of  register  ot  aeeds  register  of 
in  a  county  or  district,  except  the  counties  of  Suffolk  and  vacancy. 
Nantucket,  the  county  commissioners  shall  in  like  man- 
ner issue  precepts  for  an  election  to  fill  such  vacancy  at 
the  next  annual  state  election  for  which  precepts  can  be 
seasonably  issued,  and  may  appoint  some  person  to  fill  such 
office  until  a  person  is  elected  thereto  and  qualified.     In  Temporary 

pi-i'T  CI  J-  j^       ^  ±    treasurer  may 

case  OI  the  inability  of  the  treasurer  oi  any  county  to  act  be  appointed, 
as  such  treasurer  by  reason  of  illness  or  absence  from  the 
county,  or  by  reason  of  any  other  cause,  the  county  com- 
missioners for  said  county  may  appoint  some  person  to  fill 
such  office  until  said  treasurer  is  able  to  resume  his  duties. 
The  person  appointed  to  act  as  temporary  treasurer  shall  To  gne  bonds. 
give  a  bond  to  secure  the  faithful  performance  of  his 
duties,  in  such  sum  and  with  such  sureties  as  said  county 
commissioners  shall  approve. 

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

Approved  April  13,  1908. 

An  Act  to  provide  that  towns  may  maintain  public  (7Aa?9.392 

GYMNASIUMS,    SWIMMING   BATHS   AND   THE   LIKE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    It  shall  be  lawful  for  towns  to  establish  and  nasiums,  etc., 
maintain  public  gymnasiums,   swimming  baths   and   such  ^fabulhed, 
other  means  of  instruction  or  exercise  as  the  town  may  g^^;'  "^  ^°'^^^' 


340  Acts,  1908.  — Chaps.  393,  394,  395. 

autliorizo,  and  to  appropi'iatc  iiionoy  for  the  same.  Every 
siieh  ])iiblic  place  shall  be  inaiiagcd  iiiidcr  the  direction  of 
the  selectmen  of  the  town. 

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

Approved  April  13,  1908. 

ChajJ.S^S  An  Act  to  change  the  name  of  the  paupee  institu- 
tions DEPARTMENT   IN   THE   CITY   OF  BOSTON. 

Be  it  cnacled,  cic,  as  follows: 
Name  changed.  Section  1.  The  pan])er  institntions  trustees,  as  estab- 
lished by  chapter  three  hnndred  and  ninety-hve  of  the  acts 
of  the  year  eighteen  hnndred  and  ninety-seven,  shall  here- 
after be  known  as  the  Boston  infirmary  trnstees,  and  the 
panper  institutions  department  shall  be  known  as  the  Bos- 
ton infirmary  department. 

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

Approved  April  15,  1008. 

Chap.394:  An  Act  to  authorize  the  reinstatement  of  john  j. 

LYNCH  AS  A  MEMBER.  OF  THE  FIRE  DEPARTMENT   OF   THE 
CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 
Re-employ-  Section  1.     The  firc  Commissioner  of  the  citv  of  Bos- 

ment  of  a  rer-  •       i  i  ^         •         ^  •  i'  •  1 

tain  member  foH  IS  hereby  aiithorizcd  to  reinstate  or  rc-eni])lov  m  the 
department  of  fire  department  John  J.  Lynch  who  was  discharged  there- 
Baston  from  ill  the  year  nineteen  hundred  and  three,  and  this  may 

aut  onze  .        |^^  donc  withoiit  any  action  on  the  part  of  the  civil  service 
commissioners. 

Section  2.  This  act  shall  take  effect  upon  its  passage. 
{The  foregoing  was  laid  before  the  Lieutenant  (Jov- 
ernor.  Acting  Governor,  on  the  ninth  day  of  April,  1008, 
and  after  five  days  it  had  "  the  force  of  a  law  " ,  an  pre- 
scribed by  the  Constitution,  as  it  was  not  returned  by  him 
icith  his  objections  thereto  within  that  time.) 

Ch(zp.Sd5  An  Act  to  provide  clerical  assistance  for  the  mu- 
nicipal COURT  OF  THE  WEST  ROXBURY  DISTRICT  OF  THE 
CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 
couriTest  Section   1.      The  clcrk  of  the  municipal   court  of  the 

t^rrcl^lniosron,  ^^'^^st  Roxbiiry  district  of  the  city  of  Boston  may  annually 
clerical  cxpcnd  a  siiiii  HOt  exceeding  six  hundred  dollars  for  cleri- 

assistance.  ^  " 


Acts,  1908.  — Chaps.  396,  397,  398.  341 

cal  assistance,  on  the  certificate  of  the  justice  that  the 
same  is  necessary  and  that  the  work  has  been  actually  per- 
formed. 

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

Approved  April  16,  1908. 


cimp.sm 


An  Act  to  peovidp:  an  additional  appropriation  for  ^i 

CLERICAL    assistance    FOR    THE    REGISTER    OF    PROBATE 
AND   INSOLVENCY   FOR   THE    COUNTY    OF    SUFFOLK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  register  of  probate  and  insolvency  for  Register  of 

jjiobate  and 
ency. 


the  county  of  Suffolk  shall  be  allowed,  in  addition  to  the  fn^oK 
amount  now  allowed  by  law,  a  sum  not  exceeding  two  thou-  luffoVk."^ 
sand  dollars  for  clerical  assistance,  to  be  paid  from  the  gjgtan^ce^®' 
treasury  of  the  commonwealth  upon  the  certificate  of  the 
register,  countersigned  by  a  judge  of  probate  and  insol- 
vency. 

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

Approved  April  16,  1908. 

An  Act  relative  to  the  salary  and  expenses  of  the  QJfcin.397 

SHERIFF  OF  THE  COUNTY  OF  WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

The   annual   salary   of   the   sheriff   for   the   county   of  ofs^^/ril*"" 
Worcester  shall  be  twenty-five  hundred  dollars,  to  be  so  established, 
allowed  from  the  first  day  of  January  in  the  year  nine- 
teen hundred  and  eight,  and  he  shall  annually  receive  the 
amount  of  his  actual  travelling  expenses,  not  exceeding  two 
hundred  dollars.  Approved  April  16,  1908. 

An  Act  to  limit  the  expenditure  for  carriage  hire  (37/^/^.398 
and  car  fare  by  the   board  of  aldermen  of  the 
city  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  two  hundred  and  ameud'ed^'  ^  ^' 
eighty-six  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight  is  hereby  amended  by  inserting  after  the  word 
"  council  ",  in  the  twelfth  line,  the  words :  - —  with  the  ap- 
proval of  the  mayor,  —  so  as  to  read  as  follows:  —  Sec-  city  of  Boston 
tion  1.     The  city  council  of  the  city  of  Boston  may,  by  Sfaries^o 
ordinance,  provide  that  after  the  expiration  of  the  current  *''i®'"™«^'  «'"• 


342  Acts,  1908.  — Chap.  399. 

mnnicipal  year,  the  members  of  the  board  of  aldermen  of 
said  city  sliall  each  receive  an  annual  salary  not  exceeding 
fifteen  hundred  dollars;  and  thereafter  no  snm  shall  be 
paid  from  the  city  treasury  for  or  on  account  of  any  per- 
sonal expenses,  directly  or  indirectly  incurred  by  or  in 
Allowance  for    l)ehalf  of  auv  member  of  said  board,  except  for  carriage 

carnage  hire,  »  i     •  i  /■  x 

etc.  liire  or  car  fare  actually  mcurred  m  the  j^erlormance  ol 

official  duty,  and  in  each  case  especially  authorized  by 
vote  of  the  said  board  or  of  a  regularly  appointed  com- 
mittee of  the  said  board  or  of  the  city  council,  with  the 
approval  of  the  mayor.  No  bill  for  such  carriage  hire 
or  car  fare  shall  be  paid  unless  the  same  shall  state  the 
date  when,  the  persons  for  whom  and  the  full  service  for 
which  the  same  was  incurred,  and  unless  there  be  filed 
with  the  city  auditor  a  duly  certified  copy  of  a  vote  au- 
thorizing the  same,  accompanied  in  every  case  by  a  cer- 
tificate signed  by  each  member  of  said  board  incurring 
said  bill,  and  stating  that  the  same  was  actually  incurred 
by  him  for  the  purpose  so  authorized  on  the  day  specified, 
and  for  the  service  and  to  the  extent  and  amount  therein 
charged. 

When  to  take         Section  2.     This  act  shall  take  effect  on  the  first  day 

effect.  ,  1  1        1  1        • 

of  January,  nineteen  hundred  and  nine. 

Approved  April  IG,  190S. 

Chap.399  An  Act  to  authorize  the  town  of  north  brookfield 

TO   BORROW   MONEY  FOR   PAYING   OR  REFUNDING   CERTAIN 
NOTES. 

Be  it  enacted,  etc.,  as  follows: 

Town  of  North       Section  1.     The  towii  of  Xorth  Brookfield,  for  the  pur- 

Wro'^w  mliLT/  pose  of  paying  or  refunding  certain  notes  given  by  the 

certain  1?otes^'  towu,  namely :  —  Five  notes  for  two  thousand  dollars  each, 

dated  July  first,  eighteen  hundi-cd  and  ninety-five,  and  due 

December  first,  nineteen  hundred  and  seven,  and  five  notes 

for  two  thousand  dollars  each,  dated  July  first,  eighteen 

hundred  and  ninety-five,  and  due  on  or  before  December 

first,  nineteen  hundred  and  eight,  is  hereby  authorized  to 

borrow  a  sum  of  money  not  exceeding  twenty  thousand 

dollars,  and  to  issue  notes  or  bonds  therefor  payable  at 

periods  not  exceeding  thirteen  years  from  the  date  of  issue. 

Such  notes  or  bonds  shall  be  signed  by  the  treasurer  and 


Acts,  1908.  — Chap.  400.  343 

countersigned  by  the  selectmen,  shall  bear  interest,  pay- 
able senii-annnally,  at  a  rate  not  exceeding  five  per  cent 
per  annnni,  and  shall  be  sold  or  disposed  of  in  such  man- 
ner and  upon  such  terms  as  the  treasurer  and  selectmen 
may  determine.  At  the  time  of  issuing  said  notes  or  bonds 
the  town  shall  provide  for  the  payment  thereof  as  follows : 
—  Five  thousand  dollars  in  the  year  nineteen  hundred  and 
eighteen,  five  thousand  dollars  in  the  year  nineteen  hun- 
dred and  nineteen,  five  thousand  dollars  in  the  year  nine- 
teen hinidred  and  twenty,  and  five  thousand  dollars  in  the 
year  nineteen  hundred  and  twenty-one;  and  when  a  vote 
to  that  effect  has  been  passed  the  amount  required  there- 
for shall  be  raised  by  taxation  in  the  same  manner  in 
which  other  taxes  are  raised,  without  an^^  further  vote  or 
action  by  the  towTi.  The  amount  of  the  several  notes  or 
bonds  issued  hereunder  may  vary  at  the  discretion  of  the 
treasurer  and  selectmen  of  the  town :  provided,  that  the  Proviso, 
aggregate  amount  does  not  exceed  twenty  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  accept-  when  to  take 
ance  by  a  vote  of  two  thirds  of  the  voters  of  the  town 
present  and  voting  thereon  at  an  annual  town  meeting,  or 
at  a  special  town  meeting  duly  called  for  the  purpose. 

Approved  April  16,  1908. 

An  Act  to  authorize  the  trustees  of  dummer  acad-  (J]^^^^)  4Q0 

EMY  TO  BORROW  A  SUM  OF  MONEY  AND  TO  MORTGAGE 
THE  REAL  ESTATE  OF  THE  SAID  CORPORATION  AS  SECURITY 
FOR  THE  LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  trustees  of  Dummer  Academy,  incor-  The  trustees 
porated  by  an  act  of  the  general  court  passed  on  the  third  Academy  may 
day  of   October,   seventeen  hundred   and   eighty-two,    are  morT^s^^t"^^' 
hereby   authorized   and   empowered,   for  the   purposes   set  ^^^^  estate,  etc. 
forth  in  said  act,  to  borrow  money  to  the  amount  of  fifteen 
thousand  dollars,  and  to  mortgage  its  real  estate  situated 
in  the  town  of  Newbury  as  security  for  such  loan. 

Section  2.     Such  mortgage  and  the  note  or  notes  to  be  Form  of 
secured  thereby  shall  run  for  such  time  as  may  be  deter-  ^°^  ^^^^' 
mined  by  the  board  of  trustees  of  said  corporation  and  at 
a  rate  of  interest  not  exceeding  six  per  cent  per  annum.. 
The  mortgage  shall  be  in  ordinary  power-of-sale  form,  and 


344 


Acts,  1908.  —  Chaps.  401,  402. 


1906,  331, 
amended. 


To  make  an 
annual  report 
to  the  state 
board  of 
charity,  etc. 


shall  be  executed  and  ackiiowled^iied  on  behalf  of  the  cor- 
])(ii-ation  by  the  president  and  treasurer  thereof. 

Skction  3.     This  act  sliall  take  effect  upon  its  passage. 

Approved  April  16,  1908. 

ChajjAOl  An  Act  rklattve  to  the  henry  c.  nevins  home  for 

THE  ACiED  AND  INCURABLE. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1,  Chapter  \\\yvv  hundred  and  thirty-one  of 
the  acts  of  the  year  nineteen  hundred  and  six  is  hereby 
anienided  In'  adding  thereto  the  following  three  sections: 
—  Section  3.  Said  corjjoration  shall  annually,  on  or  be- 
fore the  first  day  of  November,  make  to  the  state  board  of 
charity  a  written  or  printed  report  for  its  last  -financial 
year,  showing  fully  its  property,  real  and  personal,  and 
the  investment  thereof,  its  receipts  and  expenditures,  the 
whole  number  and  average  number  of  its  beneficiaries,  and 
such  other  information  as  the  board  may  require.  This 
report  shall  be  signed  and  sworn  to  by  the  financial  officers 
and  a  majority  of  the  directors  or  persons  having  the  pow- 
ers of  directors  in  such  corporation.  The  state  board  of 
charity  shall  at  all  times  have  access  to  the  books  and 
records  of  said  corporation.  Section  Jf.  The  proi^erty  of 
said  corjx)ration  shall  be  invested  in  such  investments  only 
as  are  lawful  for  trustees  under  wills  by  the  laws  of  this 
commonwealth;  but  this  provision  shall  not  be  construed 
to  prevent  said  corporation  from  holding  until  it  sees  fit 
to  sell  any  securities  or  other  property  bequeathed  or  given 
to  it,  or  from  purchasing  or  holding  any  real  estate  or 
other  property  used  or  intended  to  be  used  by  it  for  the 
pur}X)ses  of  its  incorporation.  Section  5.  The  attorney- 
general  shall  enforce  compliance  with  the  provisions  of  this 
act,  and  shall,  when  necessary,  proceed  for  that  purpose 
against  said  corporation  or  its  officers  by  bill  in  equity  or 
other  suitable  process. 

SiccTioN  2.     This  act  shall  take  eifect  upon  its  passage. 

Approved  April  16,  1908. 

ChapAOl  An  Act  relative  to  granting  unnaturalized  foreign 

BORN  PERSONS  LICENSES  TO  HUNT. 

Be  it  enacted,  etc.,  as  follows: 
1905,  317,  §1,        Skctioy  1.     Scctiou  ouc  of  chapter  three  hmulrcd  and 

amended.  ,.     ,  ,.     .  •       ,  i  i        i  i    x- 

seventeen  of  the  acts  of  tlic  year  nineteen  hundred  and  nve 


Investment  of 
property,  etc. 


Enforcement 
of  provisions. 


Acts,  1908.  — Chap.  403.  345 

is  hereby  amended  by  inserting  after  the  word  "  hunt  ", 

in  the  second  line,  the  words:  —  pursue,  trap  or  kill  any 

wild  bird  or  quadruped,  —  so  as  to  read  as  follows :  — 

Section  1.     It  shall  be  unlawful  for  any  unnaturalized,  fUn^^J^";;^,^'^' 

foreign  born  person  to  hunt,  pursue,  trap  or  kill  any  wild  |^™;^,[;°*  *** 

bird  or  quadruped  anywhere  within  the  limits  of  the  com-  licensed. 

nionwealth,  unless  he  is  licensed  so  to  do  as  hereinafter 

provided. 

Section    2.      Section    two    of   said    chapter    is    hereby  i905, 317,  §  2, 
amended  by  inserting  after  the  word  "  transferable  ",  in 
the   seventeenth    line,    the   words :  —  shall    expire    on   the 
thirty-first  day  of  December  of  the  year  of  issue,  —  so  as 
to  read  as  follows:  —  Section  2.      ('ity  and  town  clerks  Licenses  to  be 
shall,  upon  the  a]q)lication  of  any  unnaturalized,  foreign  and  town 
born  person  who  is  a  resident  of  the  city  or  town  in  which  application, 
the  application  is  made,  and  upon  the  payment  of  a  fee  ^^^' 
of  fifteen  dollars,  issue  to  such  person  a  license,  upon  a 
form  to  be  supplied  by  the  conunissioners  on  fisheries  and 
game,  bearing  the  name,  age  and  place  of  residence  of  the 
licensee,  with  a  description  of  him,   as  near  as  may  be, 
and  authorizing  the  said  licensee  to  hunt  and  to  kill  game 
on  any  lands  in  which  such  hunting  or  killing  is  not  for- 
bidden  by   law  or   by  written   or  printed  notices   posted 
thereon  by  the  owner,  lessee  or  occupant  thereof.      Such 
license  shall  be  good  only  for  that  period  of  the  year  when 
game  may  lawfully  be  killed,  and  shall  authorize  the  hunt- 
ing or  killing  of  game  only  under  such  restrictions  and  for 
such  purposes  as  are  imposed  or  authorized  by  law.     The  Licenses  not 
said  license  shall  not  be  transferable,  shall  expire  on  the  etc"'''''^''  *'' 
thirty-first  day  of  December  of  the  year  of  issue,  and  shall 
be  exhibited  upon  demand  to  any  of  the  commissioners  on 
fisheries   and   game   or  their   deputies,   and   to   any  game 
warden  or  deputy  game  warden,  and  to  any  sheriff,  con- 
stable,   police    officer    or    other    officer    qualified    to    serve 
process.     The  fees  received  for  the  said  licenses  shall  annu- 
ally be  paid  into  the  treasury  of  the  commonwealth. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  16,  1908. 

An  Act  relative  to  the  water  supply  of  the  city  of  CJiaj)A03 

NEWBURYPORT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  citv  of  ISTewburyport  may  continue  to  city  of 

,..,..  "^    .   ,  c  1  •  -1  i    Newbiiryport 

supplv  its  inhabitants  with  water  tor  the  extinouisnment  to  supply 


346 


Acts,  1908.  — Chap.  403. 


itself  with 
water,  etc. 


May  take  cer- 
tain waters, 
etc. 


May  take 
certain  lands, 
etc.,  erect 
structures,  etc. 


May  lay 
conduits, 
pipes,  etc. 


Proviso. 


of  fires  and  for  domestic,  manufacturing  and  other  pur- 
poses; may  establish  fountains  and  hydrants,  and  relocate 
or  discontinue  the  same ;  and  may  regulate  the  use  of  such 
water,  and  fix  and  collect  rates  to  be  paid  for  the  use  of 
the  same. 

Section  2.  The  said  city,  for  the  purposes  aforesaid, 
may  take,  or  acquire  by  purchase  or  otherwise,  and  hold 
the  waters  of  any  pond,  stream,  spring  or  w\dls  within  the 
limits  of  said  city  and  the  waters  of  the  Artichoke  river 
in  West  Xewbury  and  Newburyport,  and  the  water  rights 
connected  therewith;  and  may  obtain  w^ater  by  means  of 
bored,  driven,  artesian  or  other  wells  on  any  land  within 
the  city.  Said  city  may  hold  said  water  and  convey  it 
through  the  city  and  through  the  towni  of  West  Newbury ; 
and  may  take,  or  acquire  by  purchase  or  otherwise,  and 
hold  all  lands,  rights  of  way  and  easements  necessary  for 
collecting,  storing,  holding  and  preserving  the  water  and 
securing  the  purity  thereof,  and  for  conveying  the  same 
to  any  part  of  said  city,  and  may  erect  on  the  land  thus 
acquired  or  held  proper  dams,  buildings,  fixtures  and  other 
structures ;  and  may  make  excavations,  procure  and  op- 
erate machinery  and  provide  such  other  means  and  appli- 
ances as  may  be  necessary  for  the  establishment  and  main- 
tenance of  complete  and  effective  water  works;  and  may 
construct  and  lay  down  conduits,  pipes  and  other  works, 
under  or  over  any  lands,  water  courses,  railroads,  railways, 
or  public  or  private  ways  and  along  any  such  way  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  city  may  dig  up  any  such  lands, 
and,  under  the  direction  of  the  board  of  selectmen  of  the 
town  in  which  any  such  ways  are  situated,  may  enter  upon 
and  dig  up  any  such  ways  in  such  manner  as  to  cause  the 
least  hindrance  to  public  travel  thereon:  provided,  how- 
ever, that  no  source  of  water  supply  for  domestic  purposes 
or  lands  necessary  for  preserving  the  purity  of  any  source 
shall  be  purchased,  taken  or  otherwise  acquired  under  this 
act  without  the  consent  of  the  state  board  of  health,  and 
that  the  location  of  all  dams,  reservoirs,  filters,  wells,  or 
other  works  for  collecting,  storing  or  purifying  water  shall 
be  subject  to  the  approval  of  said  board.  Sard  city  shall 
not  enter  upon,  construct  or  lay  any  conduits,  pipes  or 


Acts,  1908.  — Chap.  403.  347 

other  works  within  the  location  of  any  railroad  corporation, 
except  at  such  time  and  in  such  manner  as  it  may  agree 
upon  with  such  corj)oration,  or,  in  case  of  failure  so  to 
agree,  as  may  be  approved  by  the  board  of  railroad  com- 
missioners. 

Section  3.     The  city  shall,  within  sixty  days  after  the  Description  of 
taking  or  acquiring  of  any  lands,   rights   of  way,   water  taken  fo'b'e 
rights,  water  sources  or  easements  as  aforesaid,  otherwise  ''®'^°'''ie'^'  «*<=. 
than  by  purchase,  file  and  cause  to  be  recorded  in  the 
registry  of  deeds  for  the  county  within  which  the  same  are 
situated  a  description  thereof  sufficiently  accurate  for  iden- 
tification, with  a  statement  of  the  purpose  for  which  the 
same  were  taken,  signed  by  the  water  commissioners  here- 
inafter provided  for.     The  title  to  all  lauds  or  rights  ac-  Title  to  lands, 
quired  in  any  way  under  the  provisions  of  this  act  shall  cit'j'',  6*10^. ''^^ '" 
vest  in  the  city  of  Xewburyport,  and  the  property  so  taken 
shall  be  managed,  improved  and  controlled  by  the  board 
of  water  commissioners  hereinafter  provided  for,  in  such 
manner  as  they  shall  deem  for  the  best  interest  of  the  city. 

Section  4.  The  city  shall  pay  all  damages  to  property  Damages, 
sustained  by  any  person  or  corporation  by  the  taking  of 
any  land,  right  of  way,  water,  water  source,  water  right  or 
easement,  or  by  any  other  thing  done  by  the  city  under 
authority  of  this  act.  Any  person  or  corporation  sustain- 
ing damages  as  aforesaid,  who  fails  to  agree  with  said  city 
as  to  the  amount  thereof,  may  have  the  same  determined 
in  the  manner  provided  by  law  in  the  ease  of  land  taken 
for  the  laying  out  of  highways,  on  application  at  any  time 
within  the  period  of  two  years  after  the  taking  of  such 
land  or  other  property,  or  the  doing  of  other  injury,  under 
the  authority  of  this  act;  but  no  such  application  shall  be 
made  after  the  expiration  of  said  two  years.  Ko  applica- 
tion for  assessment  of  damages  shall  be  made  for  the  tak- 
ing of  any  water  or  water  right,  or  for  any  injury  thereto, 
until  the  water  is  actually  withdrawn  or  diverted  by  the 
city  under  the  authority  of  this  act. 

Section  5.  The  city  of  N^ewburyport  may  supply  the  May  supply 
inhabitants  of  the  town  of  iSTewbury  with  water  for  the  of^the  towif  of^ 
extinguishment  of  fires  and  for  domestic  and  other  pur- 
poses, and  may  construct  and  lay  conduits,  pipes  and  other 
works,  under  or  over  any  lands,  water  courses,  railroads, 
railways,  and  public  or  private  ways,  and  along  any  such 
ways  within  the  town  of  l^ewburv  in  such  manner  as  not 


Newbury  with 
water,  etc. 


348 


Acts,  1908.  — Chap.  403. 


Provisos. 


Distribution  of 
water,  etc. 


Town  of 
Newbury  may 
take  property, 
etc. 


imnoccssariW  to  obstnict  tlie  same;  and  for  tlio  purpose 
of  constructing,  niaintainino;  and  repairing  snch  conduits, 
pipes  and  other  works,  and  for  all  other  proper  purposes 
of  this  act,  the  city  of  IS'ewburyiwrt  may  enter  u])(>n,  dig- 
up,  rais(^  and  embank  any  snch  lands  and  ways:  pvoridcd, 
however,  that  the  said  city  shall  not  enter  upon  and  dig 
up,  raise  or  embank  any  jjublic  ways  in  the  town  of  New- 
bury, except  with  the  consent  of  the  selectmen  of  the  town, 
and  the  city  of  Newburyport  shall  restore  to  the  satisfac- 
tion of  the  selectmen  of  the  town  the  public  ways  dug  up 
or  otherwise  disturbed  in  said  town,  and  shall  pay  all  dam- 
ages sustained  by  any  person  in  consequence  of  any  act  or 
neglect  upon  the  part  of  the  city  of  Newburyport,  its 
agents  or  employees,  in  digging  up  or  otherwise  disturbing 
any  lands  or  public  or  private  ways  within  the  town  of 
Newbury;  and  provided,  further,  that  said  city  shall  not 
enter  upon,  construct  or  lay  conduits,  pipes  or  other  works, 
within  the  location  of  any  railroad  corporation,  except  at 
such  time  and  in  such  mamier  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. 

Section  0.  The  city  of  Newburyport  may  distribute 
water  through  the  town  of  Newbury  or  any  part  thereof, 
may  regulate  the  use  of  such  water  and  fix  and  collect  rates 
for  the  use  of  the  same ;  and  the  town  of  Newbury  or  any 
fire  district  now  or  hereafter  established  therein,  or  any 
individual  or  corporation,  may  make  such  contract  with 
the  city  of  Newburyport  for  the  extinguishment  of  fires 
and  for  other  purposes  as  may  be  agreed  upon  between  said 
town,  fire  district,  individual  or  corporation  and  the  city 
of  Newburyport,  and  the  said  city  may  establish  and  main- 
tain fountains  and  hydrants  and  relocate  or  discontinue 
the  same. 

Skction  7.  The  town  of  Newbury  shall  have  the  right 
at  any  time  to  take,  or  acquire  by  purchase  or  otherwise, 
the  pro])erty  and  all  the  rights  and  privileges  of  the  city 
of  N(nvburyport  within  the  town  of  Newbury,  held  under 
the  ))rovisions  of  this  act,  on  payment  to  said  city  of  the 
actual  cost  of  its  said  property,  rights  and  privileges.  The 
city  of  Newburyport  shall  keep  a  separate  account  of  the 
construction  expenses  of  its  plant  within  the  town  of  New- 
bury, which  account  shall  be  open  to  the  selectmen  or  any 
committee  appointed  for  that  purpose  by  the  town.     In 


Acts,  1908.  — Chap.  40:3.  349 


case  said  town  shall  vote  to  purchase  said  property,  rights 
and  privileges,  and  cannot  agree  with  the  city  of  Newbury- 
port  upon  the  amount  of  the  total  actual  cost  thereof,  then 
upon  a  suit  in  equity  by  either  the  city  or  the  town  the 
supreme  judicial  court  shall  ascertain  and  fix  such  total 
actual  cost,  in  accordance  with  the  foregoing  provisions, 
and  shall  enforce  the  right  of  the  town  of  Xewbury  to  take 
possession  of  said  property,  rights  and  privileges,  upon  the 
payment  of  such  cost  to  the  city  of  ISTewburyport. 

Section  8.  The  said  city  may,  for  the  purpose  of  pay-  city  of 
ing  the  necessary  expenses  and  liabilities  incurred  under  wlaer'Loan'^ 
the  provisions  of  this  act,  issue  from  time  to  time  bonds, 
notes  or  scrip  to  the  amount  of  seventy-five  thousand  dol- 
lars, as  provided  for  in  the  vote  of  the  city  council  on  the 
twenty-fourth  day  of  January  in  the  year  nineteen  hun- 
dred and  eight,  and  to  a  further  amount  not  exceeding 
fifty  thousand  dollars.  Such  bonds,  notes  or  scrip  shall 
bear  on  their  face  the  words,  City  of  ISTewburyport  Water 
Loau,  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  five 
per  cent  per  annum,  and  shall  be  signed  by  the  treasurer 
of  the  city  and  countersigned  by  the  water  commissioners 
hereinafter  provided  for.  The  city  may  sell  such  securi- 
ties at  public  or  private  sale,  or  pledge  the  same  for  money 
borrowed  for  the  purposes  of  this  act,  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  9.  Said  city  shall,  at  the  time  of  authorizing  payment  of 
said  loan,  provide  for  the  payment  thereof  in  such  annual  °^"' 
proportionate  payments  as  will  extinguish  the  same  within 
the  time  prescribed  by  this  act ;  and  when  a  vote  to  that 
eifect  has  been  passed  a  sum  which,  with  the  income  de- 
rived from  water  rates,  will  be  sufficient  to  pay  the  annual 
expense  of  ojicrating  its  water  works  and  the  interest  as 
it  accrues  on  the  bonds,  notes  or  scrip  heretofore  or  here- 
after issued  by  said  city  for  water  supply  purposes,  and 
to  make  such  payments  on  the  principal  of  said  bonds, 
notes  or  scrip  as  may  be  required,  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  is  extinguished.     The  sum  to  be 


350 


Acts,  1908.  — Chap.  403. 


Water  com- 
missioners, 
appointment, 
terms,  etc. 


Vacancies,  etc. 


Water  rates, 
etc. 


raised  annually  hy  taxation  nnder  the  provisions  of  this 
section  shall  in  no  event  be  less  than  live  thonsand  dollars, 
and  may  be  raised  in  excess  of  the  statutory  limit  of  taxa- 
tion for  said  city. 

SECTio>r  10.  The  powers  and  duties  granted  to  and 
imposed  upon  the  city  by  this  act  shall,  except  the  power 
of  borrowing  money,  and  except  as  herein  otherwise  pro- 
vided, be  exercised  by  a  board  of  water  commissioners, 
consisting  of  five  residents  of  the  citj'  to  be  appointed  by 
the  mayor  with  the  approval  of  the  city  council.  The 
present  connnissioners  shall  continue  to  hold  office  until 
the  expiration  of  their  respective  terms,  unless  sooner  re- 
moved as  hereinafter  provided,  and  until  their  successors 
are  appointed  and  confirmed.  Hereafter  one  commissioner 
shall  be  appointed  each  year  for  the  term  of  five  years 
from  the  first  Monday  of  May.  All  such  commissioners, 
unless  sooner  removed  as  hereinafter  provided,  shall  hold 
office  until  their  successors  are  appointed  and  confirmed. 
Vacancies  occurring  during  the  term  may  be  filled  for  the 
remainder  of  the  term.  'No  person  shall  be  appointed  com- 
missioner who  holds  at  the  time  any  city  office  by  popular 
election.  Any  commissioner,  after  due  notice  and  a  hear- 
ing, may  be  removed  at  any  time  by  a  two  thirds  vote  of 
each  branch  of  the  city  council,  for  any  cause  which  shall 
be  deemed  sufficient  and  shall  be  expressed  in  the  vote  of 
removal.  The  commissioners  shall  receive  no  compensa- 
tion for  their  services  unless  the  city  council  by  a  two 
thirds  vote  of  each  branch  thereof  otherwise  determines, 
and  in  such  case  the  amount  of  compensation  may  be  fixed 
by  a  like  two  thirds  vote.  Said  commissioners  shall  annu- 
ally, and  as  often  as  the  city  council  may  require,  render 
an  account  of  their  official  acts ;  and  their  books  and  ac- 
counts shall  be  open  to  the  inspection  of  the  city  auditor 
at  any  time. 

Section  11.  The  water  commissioners  shall  fix  such 
prices  or  rates  for  the  use  of  water  as  will  produce  annu- 
ally, as  nearly  as  may  be,  an  amount  sufficient,  with  the 
sum  of  not  less  than  five  thousand  dollars  which  is  to  be 
raised  by  the  city  by  general  taxation  as  aforesaid,  to  de- 
fray all  current  operating  expenses,  including  maintenance, 
all  interest  charges  and  payments  on  principal  as  they  ac- 
crue upon  any  bonds,  notes  or  scrip  heretofore  or  hereafter 
issued  by  said  city  for  water  supply  purposes,  and  may  so 


Acts,  1908.  — Chap.  403.  351 

fix  such  prices  or  rates  as  to  produce  a  surplus  of  not  more 
than  five  thousand  dollars. 

Section  12.  The  said  commissioners  shall  apply  the  Application  of 
smns  received  from  the  water  rates,  in  the  first  instance,  ^™^®^  '  ^^'^' 
to  the  payment  of  the  expenses  and  charges  named  in  the 
preceding  section.  The  remainder,  to  the  extent  of  not 
more  than  five  thousand  dollars  in  any  one  year,  they  may 
expend  for  new  construction.  They  shall  make  no  con- 
tract for  new  construction  calling  for  an  expenditure  of  a 
sum  greater  than  five  thousand  dollars  in  any  one  year,  or 
calling  for  an  expenditure  which  cannot  be  met  from  the 
water  rates,  until  an  appropriation  therefor  has  been  made 
by  the  city  council.  If  a  surplus  shall  remain  from  the 
water  rates  at  the  close  of  any  fiscal  year,  after  the  pay- 
ment of  the  expenditures  aforesaid,  it  shall  be  applied  to 
the  payment  of  the  said  expenditures  in  the  following  year, 
and  if  the  surplus  remaining  in  any  one  year  amounts  to 
more  than  five  thousand  dollars  the  water  rates  shall  be 
reduced  proportionately.  No  money  from  the  water  rates 
or  other  income  of  the  water  works  shall  be  used  for  any 
purpose  not  specified  herein. 

Section  13.     Whoever  wilfully  or  wantonly  corrupts,  Penalty  for 
pollutes  or  diverts  any  water  taken  or  held  under  this  act,  waTer^et". ° 
or  injures  any  structure,  work  or  other  property  owned, 
held  or  used  by  said  city  under  the  authority  and  for  the 
purposes  of  this  act,  shall  forfeit  and  pay  to  said  city  three 
times  the  amount  of  damages  assessed  therefor,  to  be  re- 
covered in  an  action  of  tort ;  and  upon  conviction  of  either  ^ 
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  14.  Chapter  four  hundred  and  seventy-one  of  Repeal, 
the  acts  of  the  year  eighteen  hundred  and  ninety-three, 
chapter  four  hundred  and  seventy-four  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four,  chapter  one  hun- 
dred and  thirty-one  of  the  acts  of  the  year  nineteen  hun- 
dred and  two,  chapter  one  hundred  and  forty-five  of  the 
acts  of  the  year  nineteen  hundred  and  three,  chapter  three 
hundred  and  tw^elve  of  the  acts  of  the  year  nineteen  hun- 
dred and  five,  and  chapter  one  -hundred  and  eighteen  of 
the  acts  of  the  year  nineteen  hundred  and  six  are  hereby 
repealed,  but  their  repeal  shall  not  affect  any  rights  which  Certain  rights. 
have  accrued  under  any  of  said  acts,  nor  the  legality  or  affected. 


352  Acts,  1908.  —  Ciiai>.  404. 

validity  of  any  act  hitherto  done  or  of  any  contract  hitherto 
entered  into  under  the  authority  of  any  of  said  acts ;  nor 
the  right  of  any  one  entitled  to  daiuaa,es  on  account  of  any 
act  done  by  the  city  under  the  authority  of  any  of  said 
acts  to  proceed  to  recover  such  damages  in  the  manner 
provided  in  said  acts ;  nor  the  right  of  the  ]n-oper  city  offi- 
cials to  proceed  to  issue  and  sell  bonds  under  th(!  vote  of 
the  city  council  passed  on  the  twenty-fourth  (]i\y  of  Janu- 
ary in  the  year  nineteen  hundred  and  eight,  without  fur- 
ther vote  of  the  city  council. 

Section  15.     This  act  sliall  take  effect  upon  its  passage. 

Approved  April  17,  1908. 

Cha7)A04:  -^N  Act  to  authorize  the  town  of  tlainville  to  sup- 
ply ITSELF  AND   ITS   INHABITANTS   WITH    WATER. 

Be  it  enacted,  etc.,  as  follows: 

pfJnvme  may        Section  1.     The  towu  of  Plaiuville  may  supply  itself 
supply  itself      .,11,1  jf ^  inhabitants  with  water  for  the  extinguishment  of 

with  water,  ^  . 

etc.  fires  and  for  domestic,  manufacturing  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. 
ceXfn  waters        Section  2.     Said  towu,  for  the  purposes  aforesaid,  may 
^^^ter  rights,      take,  Or  acquire  by  purchase  or  otherwise,   and  hold   the 
waters  of  any  pond  or  stream  or  of  any  ground  sources  of 
supply  by  means  of  driven,  artesian  or  other  wells  within 
the  limits  of  the  town,  and  the  water  rights  connected  with 
any  such  water  sources,  and  may  also  take,  or  acquire  by 
purchase  or  otherwise,  and  hold  all  lands,  rights  of  way 
and  easements  necessary  for  collecting,   storing,  holding, 
purifying  and  preserving  the  purity  of  the  water  and  for 
Proviso.  conveying  the  same  to  any  part  of  said  tovm :  provided, 

however,  that  no  source  of  water  sup])ly'and  no  lands 
necessary  for  preserving  the  quality  of  such  water  shall 
be  taken  without  first  obtaining  the  advice  and  a])])roval 
of  the  state  board  of  health,  and  that  the  location  of  all 
dams,  reservoirs  and  wells  to  be  used  as  sources  of  water 
sup])ly  under  this  act  shall  be  subject  to  the  approval  of 
May  construct  said  board.  Said  town  may  construct  on  the  lands  taken 
conduits^'^^t^.^  or  acquired  and  held  under  the  provisions  of  this  act 
ju"o]X'r  dams,  reservoirs,  standpijies,  taidvs,  buildings,  fix- 
tures and  other  structures,  and  may  make  excavations,  pro- 


Acts,  1908.  — Chap.  404.  353 

cure  and  operate  machinery  and  provide  such  other  means 
and  appliances  and  do  such  other  things  as  may  be  neces- 
sary for  the  establishment  and  maintenance  of  complete 
and  effective  water  works ;  and  for  that  purpose  may  con- 
struct wells  and  reservoirs  and  establish  pumping  works 
and  may  construct,  lay  and  maintain  aqueducts,  conduits, 
pijies  and  other  works  under  and  over  any  land,  water 
courses,  railroads,  railways  and  public  or  other  ways,  and 
along  such  ways  in  the  town  of  Plainville,  in  such  manner 
as  not  unnecessarily  to  obstruct  the  same ;  and  for  the  pur- 
pose of  constructing,  laying,  maintaining,  operating  and 
repairing  such  conduits,  pipes  and  other  works,  and  for  all 
proper  purposes  of  this  act,  said  town  may  dig  up  or  raise 
and  embank  any  such  lands,  highways  or  other  ways  in 
such  manner  as  to  cause  the  least  hindrance  to  public 
travel  on  such  ways.  Said  town  shall  not  enter  upon,  con- 
struct or  lay  any  conduits,  pipes  or  other  works  within 
the  location  of  any  railroad  corporation,  except  at  such 
time  and  in  such  manner  as  it  may  agree  upon  with  such 
corjx)ration,  or,  in  case  of  failure  so  to  agree,  as  may  be 
approved  by  the  board  of  railroad  commissioners. 

Sectiox  3,     Said  town  shall,  within  ninety  days  after  Description  of 
the  taking  of  any  lands,  rights  of  way,  water  rights,  water  be  recorded, 
sources  or  easements  as  aforesaid,  otherwise  than  by  pur- 
chase, file  and  cause  to  be  recorded  in  the  registry  of  deeds 
for  the  county  and  district  within  which  such  land  or  other 
property  is  situated,  a  description  thereof  sufficiently  ac- 
curate for  identification,  with  a  statement  of  the  purpose 
for  which  the  same  were  taken,  signed  by  the  water  com- 
missioners hereinafter  provided  for.     The  title  to  all  land  ^^^  veJuL""""^ 
taken,  purchased  or  acquired  in  any  wa}'  under  the  provi-  piainviUe. 
sions  of  this  act  shall  vest  in  said  town  of  Plainville,  and 
the  land  so  taken  may  be  managed,   improved   and   con- 
trolled by  the  board  of  water  commissioners  hereinafter 
provided  for,  in  such  manner  as  they  shall  deem  for  the 
best  interest  of  said  town. 

Sectiox  -i.  Said  town  shall  pay  all  damages  to  proi>  Damages. 
erty  sustained  by  any  person  or  corporation  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water  right 
or  easement,  or  by  anything  done  by  said  town  under  au- 
thority of  this  act.  Any  person  or  corporation  sustaining 
damages  as  aforesaid,  who  fails  to  agi-ee  with  said  town  as 
to  the  amount  thereof,  mav  have  the  same  determined  in 


354 


Acts,  1908.  —  Chap.  404. 


Town  of 
Plain\'ille 
Water  Loan. 


Proviso. 


Payment  of 
loan. 


the  manner  provided  l)y  law  in  the  ease  of  land  taken  for 
the  laying-  out  of  highways,  on  ap])lication  at  any  time 
within  the  period  of  two  years  after  the  taking  of  such 
land  or  other  proj^erty  or  the  doing  of  other  injury  under 
authority  of  this  act ;  but  no  such  application  shall  be 
made  after  the  expiration  of  said  two  years,  and  no  appli- 
cation for  assessment  of  damages  shall  be  made  for  the 
taking  of  any  water,  water  right,  or  for  any  injury  thereto, 
until  the  w^ater  is  actually  withdrawn  or  diverted  by  said 
town  under  authority  of  this  act.  Said  to^vn  may  by  vote, 
from  time  to  time,  determine  what  amount  or  quantity  of 
water  it  proposes  to  take  and  appropriate  under  this  act ; 
in  which  case  any  damages  caused  by  such  taking  shall  be 
based  upon  such  amount  or  quantity  imtil  the  same  shall 
be  increased  by  vote  or  otherwise,  and  in  such  event  said 
town  shall  be  further  liable  only  for  the  additional  dam- 
ages caused  by  such  additional  taking. 

SECTiOiSr  5.  Said  towm,  for  the  purpose  of  paying  the 
necessary  expenses  and  liabilities  incurred  imder  the  pro- 
visions of  this  act,  may  issue  from  time  to  time  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  thirty-five  thou- 
sand dollars.  Such  bonds,  notes  or  scrip  shall  bear  on  their 
face  the  words,  Town  of  Plainville  ^yater  Loan;  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  five  per  cent  per 
annum;  and  shall  be  signed  by  the  treasurer  of  the  town 
and  countersigned  by  the  water  commissioners  hereinafter 
provided  for.  Said  town  may  sell  such  securities  at  pub- 
lic or  private  sale,  or  pledge  the  same  for  money  borrowed 
for  the  purposes  of  this  act,  upon  such  terms  and  condi- 
tions as  it  may  deem  proper:  provided,  that  such  securities 
shall  not  be  sold  for  less  than  the  par  value  thereof. 

Section  G.  Said  town  shall,  at  the  time  of  authorizing 
said  loan,  provide  for  the  payment  thereof  in  such  annual 
jirojiortionate  payments,  l>eginning  not  more  than  five  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  income  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  or 
&CY\\)  issued  as  aforesaid  by  said  town,  and  to  make  such 


Acts,  1908.  — Chap.  404.  355 

pajTiients  on  the  iDrincipal  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  extinguished. 

Section  7.     The  town  of  Plainville  may  contract  with  May  purchase 

,  „   -.^         ,        ,       T    1  1      f         l^  '     1  _c  i         water  from  the 

the  town  of  JNorth  Attleborough  for  the  purchase  oi  water  town  of  North 
for  the  supply  of  the  town  of  Plainville  and  its  inhabitants, 
upon  such  terms  as  may  be  agreed  upon  by  said  towns: 
provided,  that  the  to^vn  of  Plainville  shall  first  obtain  from  Proviso, 
the  state  board  of  health  an  opinion  in  writing  to  the  effect 
that  the  sources  of  supply  of  the  town  of  Xorth  Attlebor- 
ough used  or  to  be  used  for  the  supply  of  the  town  of 
Plainville  under  this  act  are  natural  and  proper  sources 
for  the    supnlv  of  the  town  of  Plainville.     The  water  from  Distribution  of 

*■  W3.tcr   6t  c. 

the  works  of  the  town  of  Xorth  Attleborough  shall  be  de- 
livered into  pipes  of  the  town  of  Plainville  at  any  point 
in  the  town  of  Plainville  on  the  existing  pipe  line  of  the 
tovm  of  Xorth  Attleborough  or  at  any  point  or  points  along 
the  boundary  between  said  towns.  In  case  the  town  of 
Xorth  Attleborough  shall  supply  water  to  the  town  of  Plain- 
ville under  this  act  it  shall  measure,  as  accurately  as  prac- 
ticable, the  quantity  of  water  drawn  from  its  various 
sources  of  supply  and  the  quantity  delivered  into  the  pipes 
of  the  town  of  Plainville,  and  a  certified  copy  of  the  rec- 
ords of  such  measurements  taken  monthly  shall  be  supplied 
by  the  board  of  water  commissioners  of  the  town  of  Xorth 
Attleborough  to  the  board  of  water  commissioners  of  the 
town  of  Plainville  herein  provided  for,  as  often  as  once  in 
three  months. 

Section  8.  Whoever  wilfully  or  wantonly  corrupts.  Penalty  for 
pollutes  or  diverts  any  water  taken  or  held  under  this  act,  water,^  et*"  ° 
or  injures  any  structure,  work  or  other  proj^erty  owned, 
held  or  used  by  said  to'wn  under  authority  of  this  act,  shall 
forfeit  and  pay  to  the  said  town  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  punisli^d  by  a  fine  not  exceeding 
three  hundred  dollars  or  by  imprisonment  in  jail  for  a 
term  not  exceeding  one  year. 

Section  9.      Said  town  shall,   after  its  acceptance  of  ^^.at?r  com- 

,  '  ^  missioners, 

this  act,  at  a  legal  meeting  called  for  the  purpose,  elect  by  election, 
ballot  three  persons  to  hold  office,  one  until  the  expiration 


356 


Acts,  1908.  — Chap.  404. 


Vacancy. 


Water  rates, 

etc. 


of  three  years,  one  until  the  expiration  of  two  years  and 
one  nntil  the  expiration  of  one  year  from  the  next  suc- 
ceeding annual  town  meeting,  to  constitute  a  board  of 
water  commissioners ;  and  at  each  annual  town  meeting 
thereafter  one  such  commissioner  shall  be  elected  by  bal- 
lot for  the  term  of  three  years.  All  the  authority  granted 
to  the  said  town  by  this  act  and  not  otherwise  specifically 
provided  for  shall  be  vested  in  said  water  commissioners, 
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  quorum 
for  the  transaction  of  business.  Any  vacancy  occurring  in 
said  board  for  any  cause  may  be  filled  for  the  remainder 
of  the  unexpired  term  by  said  town  at  any  legal  town 
meeting  called  for  the  purpose.  Any  such  vacancy  may 
be  filled  temporarily  by  a  majority  vote  of  the  selectmen, 
and  the  person  so  appointed  shall  hold  office  until  the  town 
fills  the  vacancy  in  the  manner  provided  herein. 

Section  10.  Said  commissioners  shall  fix  just  and  equi- 
table prices  and  rates  for  the  use  of  water,  and  shall  pre- 
scribe the  time  and  manner  of  payment.  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,  notes  or  scrip  issued  under 
authority  of  this  act.  If  there  should  be  a  net  surplus 
remaining  after  providing  for  the  aforesaid  charges,  it 
shall  be  used  for  such  new  construction  as  the  water  com- 
missioners may  determine  upon,  and  in  case  a  surplus 
should  remain  after  payment  for  such  new  construction  the 
water  rates  shall  be  reduced  proportionately,  i^o  money 
shall  be  expended  in  new  construction  by  the  water  com- 
missioners except  from  the  net  surplus  aforesaid,  unless 
Annual  report.  f\iQ  towu  appropriates  and  provides  money  therefor.  Said 
commissioners  shall  annually,  and  as  often  as  the  town  may 
require,  render  a  report  upon  the  condition  of  the  works 
nnder  their  charge  and  an  account  of  their  doings,  includ- 
ing an  account  of  receipts  and  expenditures. 

Section  11.  Nothing  in  this  act  shall  be  construed  as 
conflicting  with  or  restricting  the  right  which  the  town  of 
North  Attleborough  has  under  authority  of  chapter  two 
hundred  and  four  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-five,  in  any  water  of  any  pond,  stream  or  spring, 
in  the  town  of  Plainville. 


Certain  rights 
not  affected. 


Acts,  1908.  — Chaps.  405,  406.  357 

Section  12,  This  act  shall  take  effect  upon  its  accept-  ^^^^^  to  take 
anee  by  a  majoritv  of  the  legal  voters  of  the  town  of  Plaiu- 
ville  present  and  voting  thereon  at  a  legal  meeting  called 
for  the  purpose  within  three  years  after  its  passage;  but 
the  number  of  meetings  so  called  in  any  one  year  shall  not 
exceed  three;  and  for  the  purpose  of  being  submitted  to 
the  voters  as  aforesaid  this  act  shall  take  effect  upon  its 
passage.  Approved  April  17,  1908. 

Ax  Act  relative  to  state  aid  foe  widows  of  soldiers  ChapAOo 
a:xb  sailors  of  the  civil  war. 

Be  it  enacied,  etc.,  as  follows: 

Section  1.     Section  four  of  chapter  seventy-nine  of  the  R-  l.  79.  §  4. 
Eevised  Laws  is  hereby  amended  by  striking  out  the  words 
"  ninth  day  of  April  in  the  year  eighteen  hundred   and 
eighty  ",  in  the  ninth  line,  and  inserting  in  place  thereof 
the  words :  —  twenty-seventh  day  of  June  in  the  year  eight- 
een hundred  and  ninety,  —  so  as  to  read  as  follows :  — 
Section  If..     A  wife  or  widow  of  a  discharged  soldier  or  Restrictions  as 
sailor  shall  not  be  held  to  belong  to  any  of  the  foregoing  wido'w  oT 
classes  nor  receive  state  aid  unless,  if  the  service  of  the  eaiiore'oMhe 
soldier  or  sailor  was  in  the  war  with  Spain,  she  was  mar-  "'^"'i'^^'"- 
ried  to  him  before  his  final  discharge  from  such  service 
and  before  the  eighteenth  day  of  May  in  the  year  eighteen 
hundred   and  ninety-nine,   and  if  his  service  was   in  the 
civil  war,  unless  she  was,  if  his  wife,  married  to  him  prior 
to  his  final  discharge  from  such  service,  and  if  his  widow, 
prior  to  the  twenty-seventh  day  of  June  in  the  year  eight- 
een hundred  and  ninety.     The  w^ords  "  pensioner  ",  "  sol- 
dier "  and  "  sailor  "  as  used  in  this  chapter  shall  be  held 
to  include  a  commissioned  officer,  and  the  word  "  sailor  " 
shall  be  held  to  include  a  marine. 

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

Approved  April  17,  1908. 

An  Act  to  amend  the  charter  of  the  cohasset  water  f^Jinj)  406 

company. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.      Section  two  of  chapter  one  hundred  and  ame^nde"! '  ^  "' 
twenty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-six  is  herebv  amended  bv  addino-  at  the  end  thereof 


358 


Acts,  1908.  — CiiAr.  406. 


May  take  and 
hold  certain 
waters,  etc.. 
lay  pipes,  etc. 


Proviso. 


1886,  128,  §  6, 
amended. 


Real  estate, 
capital  stock, 
etc. 


the  words: — provided,  however,  that  no  source  of  water 
supply  for  domestic  purposes  and  no  lands  shall  be  ac- 
quired or  used  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,  —  so 
as  to  read  as  follows :  —  Section  2.  The  said  corporation 
may  take,  hold  and  convey  through  the  town  of  Cohasset 
or  any  part  thereof  the  water,  so  far  as  may  be  necessary 
for  such  purposes,  of  any  well  or  wells,  spring  or  springs, 
stream  or  streams  or  pond  or  ponds,  within  said  town  of 
Cohasset,  and  may  take  and  hold  l)y  purchase  or  otherwise 
any  real  estate  within  said  town,  necessary  for  the  pres- 
ervation and  purity  of  the  same,  or  for  forming  any  dams 
or  reservoirs  to  hold  the  same,  and  for  laying  and  main- 
taining aqueducts  and  pijies  for  distributing  the  water  so 
taken  and  held ;  and  may  lay  its  water  pipes  through  any 
private  lands  with  the  right  to  enter  upon  the  same  and 
dig  therein  for  the  purpose  of  making  all  necessary  re- 
pairs or  service  connections ;  and  for  the  purposes  afore- 
said may  carry  its  pipes  imder  or  over  any  water  course, 
street,  railroad,  highway  or  other  way  in  such  manner  as 
not  unnecessarily  to  obstruct  the  same ;  and  may  enter  upon 
and  dig  up  any  road  or  other  way  for  the  purpose  of  lay- 
ing or  repairing  its  aqueducts,  pipes  or  other  w^orks;  and 
in  general  may  do  any  other  acts  and  thing  convenient  or 
proper  for  carrying  out  the  purposes  of  this  act:  provided, 
hoivever,  that  no  source  of  water  supply  for  domestic  pur- 
poses and  no  lands  shall  be  acquired  or  used  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  2.  Section  six  of  said  chapter  one  hundred 
and  twenty-eight  is  hereby  amended  by  striking  out  the 
words  "  real  estate  ",  in  the  second  line,  and  inserting  in 
place  thereof  the  word :  —  lands,  —  so  as  to  read  as  fol- 
lows: —  Section  6.  The  said  corporation  may,  for  the  pur- 
poses set  forth  in  this  act,  hold  lands  not  exceeding  twenty 
thousand  dollars,  and  the  whole  capital  stock  of  said  cor- 
poration shall  not  exceed  one  hundred  thousand  dollars, 
to  be  divided  into  shares  of  one  hundred  dollars  each ;  and 


Acts,  1908.  — Chat.  407.  359 

said  corporation  may  issue  bonds  to  an  anionnt  not  exceed- 
ing the  amount  of  its  capital  stock  actually  paid  in  and 
applied  to  the  purjx)se  of  its  incorporation,  and  may  secure 
the  same  at  any  time  by  a  mortgage  of  its  franchise  and 
property. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  17,  190S. 


ChcqjAOl 


Ar^  Act  to  establish  the  boundary  line  between  the 

TOWNS   OF   PHILLIPSTON   AND   TEMPLETON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  described  line  shall  hereafter  Boundary 
be  the  boundary  line  between  the  towns  of  Phillipston  and  PhiUipston  and 
Templeton :  —  Beginning  at  the  corner  of  the  towns  of  ta*biished.°  ^^ 
Phillipston,  lioyalston  and  Templeton,  an  unmarked  point 
in  the  middle  of  Beaver  brook,  north  eighty  degrees,  forty- 
nine  minutes  east,  and  nine  feet  distant  from  the  witness 
mark,  a  granite  monument  standing  on  the  westerly  bank 
of  the  brook,  about  seventy  feet  east  of  the  South  Royal- 
ston  road,  in  latitude  forty-two  degrees,  thirty-seven  min- 
utes, twenty-six  and  thirty-five  hundredths  seconds,  and 
longitude  seventy-two  degrees,  eight  minutes,  twenty-two 
and  seventeen  hundredths  seconds ;  thence  southeasterly, 
along  the  middle  of  Beaver  brook,  about  eighty-four  hun- 
dred feet  to  an  unmarked  point  in  the  middle  of  the  brook, 
north  eighty-five  degrees,  forty-four  minutes  east,  and  six- 
teen feet  distant  from  the  witness  mark,  a  granite  monu- 
ment standing  on  the  westerly  bank  of  the  brook  about  * 
eight  hundred  and  forty  feet  easterly  from  the  road  from 
South  Royalston  over  Church  hill,  in  latitude  forty-two 
degrees,  thirty-six  minutes,  thirty-six  and  forty-six  hun- 
dredths seconds,  and  longitude  seventy-two  degrees,  seven 
minutes,  thirty  and  ninety-five  hundredths  seconds ;  thence 
south  four  degrees,  eleven  minutes  east,  true  bearing,  eleven 
thousand  five  hundred  and  sixty-two  feet  to  a  granite  mon- 
ument in  the  present  boundary  line,  about  eight  hundred 
and  eighty  feet  northerly  from  the  house  of  O.  O.  Oliver 
on  the  Athol  road ;  thence  south  fifty-one  degrees,  twenty 
minutes  west,  true  bearing,  eighteen  hundred  and  forty- 
two  feet  in  the  present  lx)undarv  line,  to  a  granite  monu- 
ment about  nine  hundred  and  seventy  feet  northwesterly 


360  Acts,  1908.  — Chap.  408. 

Boundary         from  tlic  Atliol  road ;  thence  south  thirty  decrees,  twentv- 

Ime  between  ,  '  .  •  '  i^  i        •     l 

PhiUinston  and  three  iiiinutes  east,  true  bearing,  sixteen  thousand  eight 
tabiished.  hundred  and  seven  feet  to  a  boulder  in  the  present  bound- 
ary line  about  five  hundred  and  fifty  feet  southeasterly 
from  the  road  from  Templeton  to  Petersham ;  thence  south 
sixteen  degrees,  forty-nine  minutes  east,  true  bearing,  forty- 
two  hundred  and  twenty  feet  to  the  middle  of  Burnt  Shirt 
river,  at  a  point  marked  by  a  drill-hole  in  the  centre  of 
the  spillway  of  the  dam,  about  twenty-four  hundred  and 
seventy  feet  southerly  from  Stone  bridge,  in  latitude  forty- 
two  degrees,  thirty-one  minutes,  twenty-eight  and  seven 
hundredths  seconds,  and  longitude  seventy-two  degrees,  five 
minutes,  twenty-eight  and  eighty-two  hundredths  seconds; 
thence  southerly,  along  the  middle  of  Burnt  Shirt  river, 
about  twelve  thousand  two  hundred  feet  to  the  corner  of 
the  towns  of  Hubbardston,  Phillipston  and  Templeton,  a 
granite  monument  standing  on  an  island  in  said  river,  in 
latitude  forty-two  degrees,  twenty-nine  minutes,  forty-four 
and  thirty-nine  hundredths  seconds,  and  longitude  seventy- 
two  degrees,  four  minutes,  fifty-seven  and  four  hundredths 
seconds. 

Section  2.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  April  17,  1908. 


ChapAOS  -^^  -^<^T  TO  ESTABLISH  THE  BOUXDARY  LIXE  BETWEEN  THE 
TOWXS   OF  NORTHBKIDGE  AND  UXBEIDGE. 

Be  it  enacted,  etc.,  as  follows: 

hne^T^e^ween  Sectiox  1.     The  followiug  described  line  shall  hereafter 

Northbiidge      jjg  1}-,^  bouudarv  Hue  between  the  towns  of  Xorthbrido-e  and 

and  I  xbndge  ,  •         .         .  .  ,  o 

estabUshed.  Uxbridge :  —  Beginning  at  the  intersection  of  the  westerly 
line  of  the  town  of  Mendon  with  the  northerly  side  of 
West  Hill  road ;  thence  southwesterly  and  northwesterly 
about  thirty-three  hundred  feet,  along  the  northerly  side 
of  said  road,  to  a  granite  monument  standing  at  the  north- 
easterly corner  of  the  northwestern  bridge  over  West  river ; 
thence  south  sixty-four  degrees,  forty-seven  minutes  west, 
true  bearing,  fourteen  thousand  two  hundred  and  two  feet 
to  a  granite  monument  standing  at  an  angle  in  the  present 
line ;  thence  north  sixty-nine  degrees,  fifty-eight  minutes 
west,  true  bearing,  eighty-four  hundred  and  seven  feet  to 
a  granite  monument  standing  at  the  corner  of  the  to\vns  of 


Acts,  1908.  — Chaps.  409,  410.  361 

JSTortlibridge,  Sutton  and  Uxbridge,  in  latitude  forty-two 
decrees,  six  minntes,  twelve  and  fortv-one  linndredtlis  sec- 
onds,  and  longitude  seventy-one  degrees,  forty  minutes, 
forty-nine  and  six  tenths  seconds. 

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

Approved  April  17,  190S. 


Ax  Act  to  establish  the  bouxdary  lixe  between  the  ChapA09 

TOWNS  OF  GAKDNER  AND  WINCHENDON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  following  described  line  shall  hereafter  Boundary 

1  1-1  1  j^    r^        ^  ^    ^'"^  between 

be  the  boundary  line  between  the  towns  oi  (jardner  and  Gardner  and 
Winchendon :  —  Beginning  at  a  granite  monument  stand-  established.'' 
ing  at  the  corner  of  the  towms  of  Ashburnham,  Gardner 
and  Winchendon,  in  latitude  forty-two  degrees,  thirty-seven 
minutes,  forty-eight  and  twenty-three  hundredths  seconds, 
and  longitude  seventy-one  degrees,  fifty-nine  minutes,  eleven 
and  fifty-nine  hundredths  seconds ;  thence  south  fifty-nine 
degrees,  forty-one  minutes,  true  bearing,  fifteen  thousand 
two  hundred  and  seventy-two  feet  to  a  granite  monument 
standing  in  the  present  boundary  line,  about  seven  hundred 
feet  southwest  of  Clark  street;  thence  south  forty-nine 
degrees,  twenty-one  minutes  west,  true  bearing,  thirty-nine 
hundred  and  twenty  feet  to  a  granite  monument  standing 
at  the  comer  of  the  towns  of  Gardner,  Templeton  and 
Winchendon,  in  latitude  forty-two  degrees,  thirty-six  min- 
utes, six  and  eighty-three  hundredths  seconds,  and  longi- 
tude seventy-two  degrees,  two  minutes,  forty-seven  and 
sixty-six  hundredths  seconds. 

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

Approved  April  17,  1908. 

An  Act  to  establish  the  boundary  line  between  the  ChapAlO 

TOWNS   OF   GARDNER  AND   WESTMINSTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  following  described  line  shall  hereafter  Boundary 
be  the  boundaiy  line  between  the  towns  of  Gardner  and  oardnerind 
Westminster:  —  Beginning  at  a  granite  monument  stand-  esfabirshed!'^ 
ing  at  the  corner  of  the  towns  of  Ashburnliam,  Gardner 
and  Westminster,  in  latitude  forty-two  degrees,  thirty-six 


362  Acts,  1908.  — Chap.  411. 

Hne'berwcen  i"iniites,  sevcH  aiul  fortv-onc  ImiiJrt'dths  seconds,  and 
^>snnhi«t"er  longitiule  seventy-one  degrees,  tifty-tive  niinntes,  forty-two 
established.  rji^^j  gj^  tenths  seconds ;  thence  south  twenty-six  degrees, 
fifty-one  minntes  east,  trne  bearing,  twenty-six  hnndred 
and  ninety-fonr  feet  along  the  present  bonndary  line,  to  a 
granite  monument ;  thence  sonth  thirty  degrees,  forty-eight 
minntes  west,  trne  bearing,  fonrteen  thonsand  eight  hnn- 
dred and  ninety-three  feet,  to  a  granite  monnment  in  the 
present  bonndary  line  abont  nine  hnndred  feet  north  of 
Temi)le  street;  thence  sonth  thirty-nine  degrees,  thirty-one 
minntes  west,  trne  bearing,  fifty-one  hundred  and  thirty- 
seven  feet  to  a  gTanite  monnment  in  the  present  bonndary 
line,  abont  eleven  himdred  feet  southeast  of  the  intersec- 
tion of  Westminster  and  Minot  streets ;  thence  sonth  forty- 
seven  degrees,  forty-five  minntes  east,  trne  bearing,  sixteen 
hnndred  and  fifty-four  feet  along  the  present  bonndary 
line,  to  a  granite  monnment  abont  six  hnndred  and  fifty 
feet  east  of  C.  C.  Fnller's  house ;  thence  sonth  forty-three 
degrees,  thirty-three  minutes  west,  true  bearing,  fifty-one 
hnndred  and  thirty-five  feet  to  a  granite  monnment  in  the 
present  boundary  line,  on  the  northerly  side  of  Baker  street 
in  front  of  the  house  of  John  Matson ;  thence  south  eighty- 
three  degrees,  twenty-eight  minutes  west,  true  bearing, 
eight  hundred  and  fifteen  feet  to  a  granite  monnment  in 
the  present  boundary  line,  on  the  northerly  side  of  Baker 
street ;  thence  south  forty  degrees,  twenty-eight  minutes 
west,  true  bearing,  seventeen  hundred  and  twenty-eight  feet 
along  the  present  boundary  line,  to  a  granite  monument 
standing  at  the  comer  of  the  towns  of  Gardner,  Hubbard- 
ston  and  Westminster,  in  latitude  forty-two  degrees,  thirty- 
one  minutes,  fifty-six  and  forty-eight  hundredths  seconds, 
and  longitude  seventy-one  degrees,  fifty-eight  minutes, 
forty-eight  and  fifty-nine  hundredths  seconds. 

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

Approved  April  17,  1908. 

ChapAW   '^^'  -^CT  RELATIVE   TO   THE   INSPECTIOX   OF   MEAT  AXD   PRQ- 

VISIOXS. 

Be  it  enacted,  etc.,  as  foUoivs: 
R.  L.  56.  §  70.        Section  1.     Section  seventy  of  chapter  fifty-six  of  the 

amended.  -r^       .       i    -r  •       i  i  "    i     i     i         •  •    "         c  i 

Revised.  Laws  is  hereby  amended   by  inserting  alter  the 
word  "  towns  ",  in  the  first  line,  the  words :  —  by  them- 


Acts,  1908.  — Chap.  411.  363 

selves,  their  officers  or  ag-ents,  —  so  that  the  first  sentence 
of  said  section  as  amended  will  read  as  follows:  —  Boards  inspection  of 
of  health  of  cities  and  to^ms,  hv  themselves,  their  officers  visions,  etc. 
or  agents,  may  inspect  the  carcasses  of  all  slaughtered  ani- 
mals and  all  meat,  fish,  vegetables,  produce,  fruit  or  pro- 
visions of  any  kind  found  in  their  cities  or  to^vns,  and  for 
such  purpose  may  enter  any  building,  enclosure  or  other 
place  in  which  such  carcasses  or  articles  are  stored,  kept 
or  exposed  for  sale. 

Section  2.    Section  seventy-one  of  said  chapter  fifty-six  R-  l- 56,  §  7i. 

•  c  1  \    ii.  ^        ii5>     amended. 

is  hereby  amended  by  inserting  alter  the  word  health  , 
in  the  first  line,  the  words :  —  by  themselves,  their  officers 
or  ag-ents,  —  so  as  to  read  as  follows: — Section,  71.     The  inspection  of 

1  1  ^      •         rr>  veal,  etc. 

board  of  health,  by  themselves,  their  officers  or  agents,  may 
inspect  all  veal  found,  oifered  or  exposed  for  sale  or  kept 
with  the  intent  to  sell  in  its  city  or  town  and  if,  in  its 
opinion,  said  veal  is  that  of  a  calf  less  than  four  weeks 
old  when  killed,  the  board  shall  seize  and  destroy  or  dis- 
pose of  it  as  provided  in  the  preceding  section,  subject, 
however,  to  the  provisions  thereof  relative  to  the  disposal 
of  money. 

Sectiox  3.     Section  seventy-two  of  said  chapter  fifty-six  R-  L-  56  §  72, 
is  hereby  amended  by  inserting  after  the  word  "  health  ", 
in  the  second  line,  the  words :  —  its  officers  or  agents,  — 
and  by  inserting  after  the  word  "  it  ",  in  the  fourth  line, 
the  words :  —  or  them,  —  so  as  to  read  as  follows :  —  Sec-  Penalty  for 

,  .  ^  .   ,     obstructing 

tioii  72.  \Yhr»ever  prevents,  obstructs  or  interferes  with  inspector, 
the  board  of  health,  its  officers  or  agents,  in  the  pcn-form- 
ance  of  its  duties  as  provided  herein,  or  hinders,  obstructs 
or  interferes  with  any  inspection  or  examination  ])y  it  or 
them,  or  whoever  secretes  or  removes  any  carcass,  meat, 
fish,  vegetables,  fruit  or  provisions  of  any  kind,  for  the 
purpose  of  preventing  the  same  from  being  inspected  or 
examined  under  the  provisions  of  sections  seventy  to  sev- 
enty-six, inclusive,  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars  or  by  imprisonment  for  not  more 
than  sixty  days,  or  by  both  such  fine  and  imprisonment. 
Sectiox  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  17,  1908. 


etc. 


364:  Acts,  1908.  —  Chaps.  412,  113,  411,  115. 


Chcip.4:12  Ax  Act  relative  to  expexdituees  for  medical  ixspec- 

Tiox  IX  the  public  schools. 

Be  it  enacted^  etc.,  os  follows: 

Repeal.  Sectiox  1.     Sectioii  sevcii  of  chapter  five  linndrccl  and 

two  of  the  acts  of  the  vear  nineteen  hundred  and  six, 
limiting  expenditures  for  medical  inspection  in  the  jDublic 
schools,  is  hereby  repealed. 

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

Approved  April  17,  1908. 

CharjA\^  Ax  Act  relative  to  the  purchase  axd  sale  of  eajb- 

BITS  AXD  HARES  LEGALLY   KILLED. 

Be  it  enacted,  etc.,  as  follows: 
Sale  of  rabbits        Sectiox'  1.     It  shall  be  lawful  at  anv  time  for  anv  per- 

and  hares  .  _  «  ^      i      _ 

regulated.  son,  firm  OT  Corporation  engaged  in  the  cold  storage  busi- 
ness to  buv  or  sell  hares  or  rabliits  which  have  not  been 
taken  or  killed  contrarv  to  the  laws  of  this  commonwealth 
or  of  any  other  state  or  countiy. 

Repeal.  Sectiox  2.    All  acts  and  parts  of  acts  inconsistent  here- 

with are  hereby  repealed.        Approved  April  17,  1908. 

ChapA14:  Ax'  Act  directixg  the  bax^k  commissiox'er  to  make  an 

AXXUAL    EXAMIXATIOX     OF     THE     SECURITIES    AXD     CASH 
HELD  BY   THE   TREASURER   AXD   RECEIVER    GEX'ERAL. 

Be  it  enacted,  etc.,  as  folio  us: 
Examination  The   bank   Commissioner,    either   personallv   or  bv   his 

of  sccuriliGs  J.  I  «, 

etc..  held  by      dcputv  and  cxamincrs  shall,  under  the  direction   of  the 

treasurer  and        .     .         '  . ,  ^  ,  ^      ■,  , 

receiver  gen-     loiut  Committee  Oil  wavs  and  means  oi  the  general  court, 
1  ''  ,  *■  .       . 

annually  in  the  month  of  January  make  an  examination 
of  the  securities,  investments  and  cash  in  charge  of  the 
treasurer  and  receiver  general  and  shall  re]>(irr  thereon  to 
the  general  court.  Approved  April  17,  1908. 


eral. 


Chav.4:15  Ax  Act  to  authorize  the  town  of  methuex  to  bor- 
row MONEY  FOR  WATER  SUPPLY  PURPOSES, 

Br  it  enacted,  etc.,  as  follows: 

Town  of  Sectiox'  1.     The  town  of  Methuen  is  horoby  authorized 

bo^rrow  mo'ne'y   to  borrow  a  suiii  of  moucy  not  exceeding  fifteen  thousand 


Acts,  1908.  — Chap.  416.  365 

dollars  for  the  purpose  of  extending  and  improving  its  for  water^u^p- 
system  of  water  supply.  For  this  purpose  the  town  may 
issue  bonds  or  notes  to  the  said  amount  signed  by  the 
water  commissioners  and  countersigned  by  the  treasurer 
of  the  town,  bearing  interest  at  a  rate  not  exceeding  five 
per  cent  per  annum,  and  payable  within  twenty  years  from 
the  dates  of  issue.  At  the  time  of  authorizing  the  issue  Payment  of 
of  the  said  bonds  or  notes  the  tov^i  shall  provide  for  the 
payment  thereof  in  such  amiual  payments  as  will  extin- 
guish the  debt  within  the  time  prescribed  by  this  act,  and 
when  a  vote  to  that  effect  has  been  passed  by  the  town,  the 
money  annually  required  to  pay  the  interest  on  the  said 
bonds  or  notes  and  the  principal  as  it  becomes  due  shall  be 
raised  by  taxation  in  the  same  manner  in  which  other  taxes 
are  raised,  except  in  so  far  as  the  income  of  the  water 
department  may  be  sufficient  to  pay  the  said  interest  and 
principal  or  any  part  thereof. 

Section  2.     The  amount  of  the  bonds  or  notes  issued  ^™°i^"*t°^ 
under  authority  of  this  act  shall  not  exceed  the  cost  of  issued  not  to 

«'  ,  .  exceed  cost  of 

such  improvements  or  extensions  of  the  said  water  supply  improvements, 
system  as  shall  be  authorized  by  vote  of  the  town  at  a 
town  meeting  heretofore  or  hereafter  held. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  17,  1908. 


An   Act    to   authorize    an    increase    in   the   annuai.  ry^^^^  ^\Q 

APPROPRIATION    FOR    THE    DAIRY    BUREAU    OF    THE    STATE 
BOARD   OF   AGRICULTURE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.      Section  twelve  of  chapter  eighty-nine  of  ^„,^„jfg^j  ^  ^"■ 
the  Revised  Laws  is  hereby  amended  by  striking  out  the 
word  "  seven  ",   in  the   first  line,   and   inserting  in  place 
thereof  the  word  :  —  eight,  —  so  as  to  read  as  follows :  — 
Section  12.     The  bureau  may  expend  not  more  than  eight  Dairy  bureau, 
thousand   dollars   annually   in    its   work,    and   it   may  co-  ^^^^^ 
operate  with  the  state  board  of  health  and  with  inspectors 
of  milk,  but  it  shall  not  interfere  with  the  duties  of  such 
board  or  officers.     It  shall  annually,  before  the  fifteenth  Annual  report. 
day  of  January,  report  to  the  general  court  in  detail  the 
number  of  agents,    assistants,    experts   and   chemists   em- 
ployed by  it,  with  their  expenses  and  disbursements,  of 


366  Acts,  1908.  — Chaps.  417,  418. 

all  investigations  made  by  it,  of  all  cases  prosecuted  with 
the  results  thereof,  and  other  information  advantageous  to 
the  dairy  industry. 
aiSredfrom^  SECTIO^-  2.  The  Said  sum  of  eight  thousand  dollars 
i^^igoT^^"^  shall  be  allowed  from  the  first  day  of  December,  nineteen 
hundred  and  seven. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  17,  1908. 

ChapAll  Ax  Act  to  extexd  the  authokity  of  the  commissiox- 

EKS   ON   nSHEKIES   AXD   GAME  AXD   THEIR  DEPUTIES. 

Be  it  enacted,  etc.,  as  follows: 

on'fiXrieTand  Sectiox  1,  The  commissioucrs  on  fisheries  and  game 
de^uties'^  ^'^*^'''  and  their  salaried  deputies  shall  have  and  exercise  through- 
powers  de-        Qut  the  commoiiwealth   for  the   enforcement   of  the  laws 

nned,  etc.  . 

relating  to  fish,  birds  and  mammals,  all  the  powers  of  con- 
stables, except  the  service  of  civil  process,  and  of  police- 
Deputies  to       men  and  watchmen.     The  said  salaried  deputies  when  on 
badge.  duty  shall  wear,  and  shall  display  as  a  token  of  authority, 

a  metallic  badge  bearing  the  seal  of  the  commonwealth  and 
the  Avords  "  Deputy  Fish  and  Game  Commissioner." 
unfawfuiiv'^  Sectiox  2.     Any  person  not  being  a  salaried  deputy  of 

wearing  g^iJ  comuiission  ou  fislicrics  and  e'ame  who  shall  possess  or 

badge.  .  ^  .  i  ^ 

wear  the  above  described  badge  shall  he  punished  hy  a  tine 
of  ten  dollars  for  every  such  offence. 
weapons?etc.  Sectiox  3.  The  Commissioners  on  tisheries  and  game, 
with  the  approval  of  the  governor,  may  in  writing  author- 
ize any  of  their  salaried  deputies  to  have  in  possession  and 
carry  a  revolver,  club,  billy,  handcuffs  and  twisters,  or  such 
other  weapon  or  article  as  may  be  required  in  the  perform- 
ance of  their  otticial  duty.      Approved-  April  21,  1908. 

CllQJpA\S  Ax  Act  to  provide  for  the  appoixtmext  of  a  sixth 
assistant   clerk   of  the   municipal   court   of   the 

CITY   of    BOSTON    FOR    CRIMINAL   BUSINESS. 

Be  it  enacted,  etc.,  as  follows: 

fk/k^^the*"*^  Section  1.  There  shall  be  appointed  in  the  manner 
TOurt^if'^t'he  provided  by  law  for  the  appointment  of  assistant  clerks  of 
city  of  Boston   f]^p  municipal  court  of  the  citv  of  Boston  a  sixth  assistant 

for  criminal  '  ..',,.  iin 

business,  ap-     clcrk  of  said  coui't  for  criminal  business,  who  shall  receive 

pointment,  etc. 


Acts,  1908.  — Chap.  419.  367 

from  the  couuty  of  Suffolk  an  annual  salary  of  sixteen 
hundred  dollars. 

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

Approved  April  21,  190S. 


Ax  Act  maki:s'g  appeopriatioxs  for  sundry  miscella-  (J]iapA\^ 

XEOUS  EXPENSES  AUTHORIZED  DUEIXG  THE  PRESENT  YEAR 
AXD  FOR  CERTAIN"  OTHER  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  commonwealth 
from  the  ordinary  revenue,  for  the  purposes  specified,  to 
wit :  — 

For  Matt  B.  Jones,  administrator  of  the  estate  of  Arthur  Matt  b.  jones. 

'  f-      1  1  £   administrator. 

Hazard,  as  authorized  by  chapter  seven  oi  the  resolves  oi 
the  present  year,  the  sum  of  five  hundred  dollars. 

For  compensating  the  treasurer  and  receiver  o-eneral  for  Treasurer  and 

p      ^         f    •^  i"     1         o  1      T^  receiver  gen- 

loss  sustained  by  reason  of  the  failure  of  the  South  JJan-  erai. 

vers  ^STational  Bank  of  Peabody,  as  authorized  by  chapter 
ten  of  the  resolves  of  the  present  year,  the  sum  of  thirty- 
nine  hundred  twenty  dollars  and  twenty-two  cents. 

For  James  H.  Hemenway,  as  authorized  by  chapter  six-  James  h. 
teen  of  the  resolves  of  the  present  year,  the  sum  of  two 
hundred  and  seventy-five  dollars. 

To  provide  for  commemorating  the  one  hundredth  an-  Commemo- 
niversary  of  the  birthday  of  Abraham  Lincoln,  as  author-  hundredth 
ized  by  chapter  seventeen  of  the  resolves  of  the  present  u"" birtifday  of 
year,  a  sum  not  exceeding  one  thousand  dollars.  LincVin!^^ 

For  the  Xew  England  Industrial  School  for  Deaf  Mutes,  New  England 
as  authorized  by  chapter  eighteen  of  the  resolves  of  the  school  for 
present  year,  the  sum  of  thirty-five  hundred  dollars.  ^^ 

For  the  Massachusetts  Charitable  Eye  and  Ear  Infirm-  Massachusetts 
ary,  as  authorized  by  chapter  nineteen  of  the  resolves  of  Eye"andEar 
the  present  year,  the  sum  of  thirty-five  thousand  dollars.    "  i'mar>. 

To  provide  for  furnishing  a  cottage  at  the  Lyman  school  YJt^^s.'^^°°^ 
for  boys,  as  authorized  by  chapter  twenty  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  twenty-four  hun- 
dred dollars. 

For  Samuel  Hillman,  as  authorized  by  chapter  twenty-  samuei 
one  of  the  resolves  of  the  present  year,  the  sum  of  fifty 
dollars,  the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  this  purpose. 


im 


Acts,  1908.  — Chap.  419. 


Reports  of 
capital  trials. 


Anny  M. 
Clasen. 


Harry  E. 
Bowman. 


George  H. 
Allen. 


Philip  G. 
Brown,  ad- 
ministrator. 


Arthur  La- 
roche. 


Rifle  team. 


Ella  Tate  Fox. 


Wauchacum 
Park  Com- 
pany. 


Boiler  inspec- 
tion depart- 
ment of  the 
district  police. 


Normal  school 
at  Fitchburg. 


Normal  school 
at  Framing- 
bam. 


For  publishing:  reports  of  capital  trials,  under  the  direc- 
tion of  the  attorney-general,  as  provided  for  by  section 
eight  of  chapter  seven  of  the  Revised  Laws,  a  sum  not  ex- 
ceeding fifteen  hundred  dollars. 

For  Annj  M.  Clasen,  as  authorized  by  chapter  twenty- 
five  of  the  resolves  of  the  present  year,  the  sum  of  one 
hundred  and  seventy-five  dollars. 

For  Harry  E.  Bowman,  as  authorized  by  chapter  twenty- 
six  of  the  resolves  of  the  present  year,  the  sum  of  twenty- 
eight  dollars. 

For  George  H.  Allen,  as  authorized  by  chaj^ter  twenty- 
seven  of  the  resolves  of  the  present  year,  a  sum  not  exceed- 
ing One  hundred  and  fifty  dollars. 

For  Philip  G.  Brown,  administrator  of  the  estate  of 
Samuel  Hanson,  as  authorized  by  chapter  twenty-eight  of 
the  resolves  of  the  present  year,  the  sum  of  two  hundred 
ninety-four  dollars  and  twelve  cents. 

For  Arthur  Laroche,  as  authorized  by  chapter  twenty- 
nine  of  the  resolves  of  the  present  year,  the  sum  of  fifty 
dollars. 

For  the  expenses  of  a  rifle  team  to  participate  in  com- 
petitions for  national  and  other  trophies,  as  authorized  by 
chapter  thirty  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  three  thousand  dollars. 

For  Ella  Tate  Fox,  as  authorized  by  chapter  thirty-one 
of  the  resolves  of  the  present  year,  the  simi  of  three  hun- 
dred fifty-one  dollars  and  ten  cents. 

For  the  Wauchacum  Park  Company,  as  authorized  by 
chapter  thirty-three  of  the  resolves  of  the  present  year,  the 
sum  of  ninety-one  dollars  and  sixty-eight  cents. 

To  provide  for  investigation  work  and  apparatus  and  for 
maintenance  expenses  in  the  boiler  inspection  department 
of  the  district  police,  as  authorized  by  chapter  thirty-six 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
one  thousand  dollars. 

To  provide  for  repairs  and  improvements  at  the  state 
normal  school  at  Fitchburg,  as  authorized  by  chapter  thirty- 
eight  of  the  resolves  of  the  present  year,  a  sum  not  exceed- 
ing three  thousand  dollars. 

To  provide  for  certain  improvements  at  the  state  nor- 
mal school  at  Framingham,  as  authorized  by  chapter 
thirty-nine  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  fifty-five  hundred  dollars. 


Acts,  1908.  — Chap.  419.  369 

For   John   Foster,   as   authorized   by   chapter   forty   of  ■^°^^  Foster, 
the  resolves  of  the  present  year,  the  sum  of  twenty  dol- 
lars. 

To  provide  for  the  preservation  of  an  ancient  nionu-  Boundary 
nient  or  boundary  mark  between  the  towns  of  Xorth  Attle-  "^^"^ 
borough  and  Plainville,  as  authorized  by  chapter  forty-one 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding- 
five  hundred  dollars. 

To   j)rovide   for   the   erection  of  a   memorial   shaft   in  Erection  of 
memory  of  the  men  who  lost  their  lives  in  the  department  "hafT"* 
of  the  gulf  during  the  civil  war,  as  authorized  by  chapter 
forty-two  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  five  thousand  dollars. 

To  provide  for  a  survey  of  the  lands  of  the  state  prison  Survey  of  lands 
and  the  reformatory  prison  for  women,  as  authorized  by  prison.^etc^ 
chapter  forty-five  of  the  resolves  of  the  j>resent  year,  a 
sum  not  exceeding  three  hundred  dollars. 

For  the  salary  of  the  retired  judges  of  the  land  court,  Retired  judges 
as  authorized  by  chapter  one  hundred  and  seventy-nine  of  court, 
the  acts  of  the  present  year,  a  sum  not  exceeding  one  thou- 
sand dollars. 

For  the  salary  of  an  additional  member  of  the  detective  Additional 
department  of  the  district  police,  as  authorized  by  chapter  Sft™ctfve°de- 
one  hundred  and  eighty-five  of  the  acts  of  the  present  year,  di^'tH^rpoH^ce, 
a  sum  not  exceeding  eleven  hundred  dollars.  salary. 

For  the  salary  of  a  second  assistant  register  of  probate  Second  assist- 
and  insolvency  for  the  county  of  Suffolk,  as  authorized  by  probat^e'and" 
chapter  two   hundred   and   thirty-one   of  the   acts   of   the  b"uffoirco^un°y. 
present  year,  a  sum  not  exceeding  eighteen  hundred  and  *'^''^'"^- 
seventy-five  dollars. 

For  expenses   in  connection  with  the   preparation   and  f^gP^'g^gg^  *° 
publication  of  a  supplement  to  the  Eevised  Laws,  as  an-  Laws, 
thorized  hj  chapter  two  hundred  and  forty  of  the  acts  of 
the  present  year,  a  sum  not  exceeding  five  thousand  dol- 
lars. 

For  the  salary  and  expenses  of  the  state  ornithologist,  state  omithoi- 
as  authorized  by  chapter  two  hundred  and  forty-five  of  efc^*' 
the  acts  of  the  present  year,  a  sum  not  exceeding  one  thou- 
sand dollars. 

To  provide  for  agricultural  education  at  the  state  nor-  Normal  school 
mal  school  at  Xorth  Adams,  as  authorized  by  chapter  two  Ad^ms!'' 
hundred  and  fifty-seven  of  the  acts  of  the  present  year,  a 
sum  not  exceeding  twenty-five  hundred  dollars. 


370 


Acts,  1908.  — Chap.  420. 


Dedication  of 
monument  at 
New  hern. 
North  Caro- 
lina. 


Normal  school 
at  '\\estfield. 


Town  of 
Russell. 


Company  L, 
eighth  regi- 
ment. 


Instruction  of 
coast  artillery 
corps. 


Steamer  Lex- 
ington. 


To  provide  for  the  representation  of  the  commonwealth 
at  the  dedication  of  the  monument  to  be  erected  in  the 
national  cemetery  at  jSTewbem,  is^orth  Carolina,  as  author- 
ized by  chapter  forty-six  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  four  thousand  dollars. 

For  improvements  at  the  state  normal  school  at  West- 
field,  as  authorized  by  chapter  forty-seven  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  five  thousand 
dollars. 

For  pajTnent  to  the  town  of  Russell  as  a  part  of  the 
cost  of  constructing  a  bridge  over  the  Westfield  river,  as 
authorized  by  chapter  forty-eight  of  the  resolves  of  the 
present  year,  the  sum  of  five  thousand  dollars. 

To  provide  for  payment  to  company  L  of  the  eighth 
regiment,  of  the  cost  of  lockers  taken  for  the  use  of  the 
commonwealth,  as  authorized  by  chapter  forty-nine  of  the 
resolves  of  the  j^resent  year,  the  sum  of  four  hundred 
dollars. 

To  provide  for  instruction  of  the  coast  artillery  corps 
of  the  Massachusetts  volunteer  militia,  as  authorized  by 
chapter  fifty  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  twenty-five  hundred  dollars. 

To  provide  for  making  extensive  repairs  to  the  steamer 
Lexington,  under  the  charge  of  the  chief  of  the  district 
police,  a  sum  not  exceeding  five  thousand  dollars,  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  April  21,  1908. 


R.  L.  106,  §  71, 
amended. 


ChapA20  -^^    ^^CT    RELATIVE    TO    THE    LIABILITY    OF    RAILWAY    COM- 
PANIES FOR  INJURIES  TO  EMPLOYEES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  seventy-one  of  chapter  one  hundred 
and  six  of  the  Revised  Laws  is  hereby  amended  by  insert- 
ing after  the  word  "  engine  ",  in  the  fifteenth  line,  the 
words :  —  elevated  train,  —  l^y  inserting  after  the  word 
"  railroad  ",  in  the  sixteenth  line,  the  words :  —  or  elevated 
railway,  —  by  inserting  after  the  word  "  corporation  ", 
in  the  twenty-third  line,  the  words:  —  or  an  elevated  car 
which  is  in  use  by  or  which  is  in  possession  of  an  elevated 


Acts,  1908.  — Chap.  420.  371 

railway  corporation,  —  by  inserting  after  the  word  "  en- 
gine ",  in  the  thirty-first  line,  the  words :  —  elevated  train, 
—  and  by  inserting  after  the  word  "  engine  "  in  the  thirty- 
second  line,  the  words :  —  elevated  train,  —  so  as  to  read 
as  follows:  —  Section  71.     If  personal  iniurv  is  caused  to  Employer's 

1  1  .  ^      T         .*    .  "^  •       •        .1        liability. 

an  employee,  who,  at  the  time  of  the  injury,  is  m  tne 
exercise  of  due  care,  by  reason  of: 

First,  A  defect  in  the  condition  of  the  ways,  works  or  Defects  in 
machinery  connected  with  or  used  in  the  business  of  the  etc. 
employer,  which  arose  from,  or  had  not  been  discovered 
or  remedied  in  consequence  of,  the  negligence  of  the  em- 
ployer or  of  a  j"«?rson  in  his  service  who  had  been  entrusted 
by  him  with  the  duty  of  seeing  that  the  ways,  works  or 
machinery  were  in  proper  condition ;  or, 

Second,  The  negligence  of  a  person  in  the  service  of  the  Negligence  of 
employer  who  was  entrusted  with  and  was  exercising  super-  tendent. 
intendence  and  whose  sole  or  principal  duty  was  that  of 
superintendence,  or,  in  the  absence  of  .such  superintendent, 
of  a  person  acting  as  superintendent  with  the  authority  or 
consent  of  such  employer ;  or, 

Third,  The  negligence  of  a  person  in  the  service  of  the  Negligence  of 
employer  who  was  in  charge  or  control  of  a  signal,  switch,  charge  of 
locomotive  engine,  elevated  train  or  train  u}X)n  a  railroad  ^'""'^ ' 
or  elevated  railway ;  the  employee,  or  his  legal  representa- 
tives, shall,  subject  to  the  provisions  of  the  eight  follow- 
ing sections,  have  the  same  rights  to  compensation  and  of 
action  against  the  employer  as  if  he  had  not  been  an  em- 
ployee, nor  in  the  service,  nor  engaged  in  the  work,  of  the 
employer. 

A  car  which  is  in  use  by,  or  which  is  in  possession  of,  ^j^^e'con^"^^ 
a  railroad  corporation,  or  an  elevated  car  which  is  in  use  sidered  part  of 

^  1  .    1      .       .  .  ^  ,  1  M  machinery,  etc. 

by  or  which  is  in  possession  of  an  elevated  railway  cor- 
poration, shall  be  considered  as  a  part  of  the  ways,  works 
or  machinery  of  the  corporation  which  uses  or  has  it  in 
possession,  within  the  meaning  of  clause  one  of  this  sec- 
tion, whether  it  is  o\\Tied  by  such  corporation  or  by  some 
other  company  or  person.  One  or  more  cars  which  are  in 
motion,  whether  attached  to  an  engine  or  not,  shall  con- 
stitute a  train  within  the  meaning  of  clause  three  of  this 
section,  and  whoever,  as  a  part  of  his  duty  for  the  time 
being,  physically  controls  or  directs  the  movements  of  a 
signal,  switch,  locomotive  engine,  elevated  train  or  train 


372  Acts,  1908.  — Chaps.  421,  422. 

shall  be  deemed  to  be  a  person  in  charge  or  control  of  a 
signal,  switch,  locomotive  engine,  elevated  train  or  train 
within  the  meaning  of  said  clause. 

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

Approved  April  21,  1908. 

Chcil) A21  Ax  Act  to  amend  ax  act  to  eatify  the  consolidation 

OF     TPIE     THREE     METHODIST     EPISCOPAL     CHUKCHES     IN 
HAVEEHILL. 

Be  it  enacted,  etc.,  as  folloivs: 
1908,  201,  §  3,        Section  1.     Section  three  of  chapter  two  hundred  and 

amended.  •      i  i 

one  of  the  acts  of  the  present  year  is  hereby  amended  by 
adding  at  the  end  thereof  the  words :  —  provided,  however, 
that  nothing  herein  contained  shall  in  any  way  affect  any 
legacy  given  by  the  will  of  David  G.  Bartlett,  late  of 
Haverhill,  Massachusetts,  deceased,  —  so  as  to  read  as  fol- 

^^^^^' grants.  Jqws  :  —  Scction  3.  All  gifts,  grants,  bequests  and  devises 
heretofore  or  hereafter  made  to  the  said  First  Methodist 
Episcopal  Church,  Grace  Methodist  Episcopal  Church,  or 
Third  Methodist  Episcopal  Church,  or  to  their  respective 
boards  of  trustees  or  to  any  of  their  officials,  shall  vest  in 
the  said  board  of  trustees  of  the  Grace  Methodist  Episco- 
pal Church,  but  all  such  gifts,  grants,  bequests  and  devises 
Avhich  are  in  trust  shall  vest  in  the  investment  board  of 

Proviso.  trustees  of  Grace  Methodist  Episcopal  Church:  provided, 

however,  that  nothing  herein  contained  shall  in  any  way 
affect  any  legacy  given  by  the  will  of  David  G.  Bartlett, 
late  of  Haverhill,  Massachusetts,  deceased. 

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

Approved  April  21,  1908. 

Chcip.4:22  An  Act  relative  to  the  distribution  of  public  docu- 
ments TO  CITIES  AND  TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

amended^  ^'  Scctiou  eight  of  chapter  nine  of  the  Revised  Laws  is 

hereby  amended  by  adding  at  the  end  of  the  first  paragraph 
the  words :  —  In  case  a  city  or  town  at  any  annual  city  or 
town  election  shall  vote  not  to  receive  the  series  of  public 
documents,  and  the  commissioner  of  public  records  shall 
report  to  the  secretary  of  the  commonwealth  that  in  his 


Acts,  1908.  — Chap.  423.  373 


opinion  such  city  or  town  is  nnable  to  make  suitable  pro- 
vision for  the  care  and  use  of  such  documents,  he  may  dis- 
continue sending  them  to  such  city  or  town,  —  so  that  the 
paragraph  will  read  as  follows :  —  The  secretary  of  the  Distribution 
commonwealth  shall  furnish  one  copy  of  the  series  of  pub-  documents. 
lie  documents  named  in  the  preceding  section  to  each  mem- 
ber of  the  legislative  and  executive  departments,  to  the 
clerk  of  each  branch  of  the  general  court  and  to  the  re- 
porters assigned  to  seats  in  either  branch.  He  shall  also 
furnish  one  copy  to  each  city  and  town  in  the  common- 
wealth, to  be  preserved  in  a  public  place  therein,  and  one 
copy  each  to  such  public  and  other  libraries  as  he  may 
select.  In  case  a  city  or  town  at  any  annual  city  or  town 
election  shall  vote  not  to  receive  the  series  of  public  docu- 
ments, and  the  commissioner  of  public  records  shall  report 
to  the  secretary  of  the  commonwealth  that  in  his  opinion 
such  city  or  town  is  unable  to  make  suitable  provision  for 
the  care  and  use  of  such  documents,  he  may  discontinue 
sending  them  to  such  city  or  town. 

Approved  April  21,  190S. 


Cha2)A2d 


An  Act  relative  to  caucuses  axd  to  the  posting  of 
specimen  ballots. 

Be  it  enacted,  etc.,  os  follows: 

Section  1,      Section  one  hundred  and  thirtv-three  of  po"-  ^eo, 
chapter  five  hundred  and   sixty  of  the  acts  of  the  year  amended. 
nineteen  hundred  and  seven  is  hereby  amended  by  adding 
at  the  end  thereof  the  words :  —  except  that  where  voting- 
booths  are  provided  two  of  such  specimen  ballots  may  be 
posted  on  such  booth,  —  so  as  to  read  as  follows :  —  Sec-  Delivery  of 
Hon  133.     The  city  or  town  clerk,  or  in  Boston  the  elec-  at'^poUing""' 
tion  commissioners,  before  the  opening  of  the  polls  on  the  p''^"^^*- 
day  of  the  caucus,  shall,  at  the  expense  of  the  city  or  town, 
prepare  and  deliver  at  the  polling  place  to  the  warden  or, 
if  he  is  not  present,  to  the  clerk  or,  if  both  are  absent,  then 
to  any  inspector,  ballot  boxes,  the  ballots,  specimen  ballots, 
voting  lists,  suitable  blank  forms  and  apparatus  for  can- 
vassing and  counting  the  ballots  and  making  the  returns, 
a  seal  of  suitable  device  and  a  record  book  for  each  lulling 
place.     The  presiding  officer  at  each  polling  place  shall,  ^Pf,^\™^o  ^e 
before  the  opening  of  the  caucus,  conspicuously  post  in  posted,  etc. 


37i 


Acts,  1908.  — Chap.  42i. 


1907,  560, 
§  151. 
amended. 


Certain  pro- 
visions of  law 
to  apply. 


such  polling  place  at  least  six  specimen  ballots,  which  shall 
be  kept  so  posted  until  the  polls  are  closed,  except  that 
where  voting  booths  are  provided  two  of  such  specimen 
ballots  may  be  posted  on  such  booth. 

SECTiOiSr  2.  Section  one  hundred  and  fiftv-one  of  said 
chapter  is  hereby  amended  by  striking  out  the  word 
"  herein  ",  in  the  last  line,  and  inserting  in  place  thereof 
the  words :  —  in  sections  one  hundred  and  forty-four  to 
one  hundred  and  sixty,  inclusive,  —  so  as  to  read  as  fol- 
lows:—  Section  151.  The  provisions  of  law  relating  to 
election  officers,  voting  places  for  elections,  election  appa- 
ratus and  blanks,  calling  and  conduct  of  elections,  manner 
of  voting  at  elections,  counting  and  re-counting  of  votes 
at  elections,  the  provisions  of  section  two  hundred  and 
seventy-six  of  this  chapter,  corrupt  practices,  and  penal- 
ties, shall  apply  to  primaries,  except  as  otherwise  provided 
in  sections  one  hundred  and  forty-four  to  one  hundred  and 
sixty,  inclusive.  Approved  April  21,  190S. 

ChapA24:  Ax  Act  relative  to  the  medical  examiners  for  the 

COUXTY  OF  SUFFOLK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  seven  of  chapter  twenty-four  of 
the  Revised  Laws  is  herein*  amended  by  inserting  after 
the  word  "  serves,"  in  the  seventh  line,  the  words :  —  The 
medical  examiners  for  the  county  of  Suffolk  and  the  asso- 
ciate medical  examiner  for  said  county  shall  be  provided 
with  rooms  suitably  furnished  for  the  performance  of  their 
duties,  the  rent,  furnishing  and  office  equipment  of  which 
shall  be  paid  for  by  said  county  upon  the  approval  of  the 
mayor  of  the  city  of  Boston.  Each  of  said  medical  exam- 
iners may  in  the  name  of  the  county  contract  such  bills 
for  clerical  services,  postage,  stationery,  printing,  tele- 
phones, travelling,  cost  of  the  removal  of  bodies  to  appro- 
priate depositories  and  the  care  of  the  same,  and  for  such 
other  incidental  expenses  as  may  in  the  opinion  of  the 
examiner  be  necessary  for  the  pro]ier  performance  of  his 
duty,  to  an  amount  not  exceeding  five  thousand  dollars  in 
any  one  year;  and  the  associate  medical  examiner  may  in 
the  name  of  the  county  contract  bills  for  the  said  purposes 
to  an  amount  not  exceeding  eight  hundred  and  thirty-three 
dollars  in  any  one  year ;  and  all  such  bills  shall  be  paid  by 


R.  L.  24,  § 
amended. 


Acts,  1908.  — Chap.  424.  375 


the  coimtv  of  Suffolk  upon  a  certificate  by  the  examiner 
who  contracts  the  same  that  they  were  necessarily  incurred 
in  the  proper  performance  of  his  duty,  and  upon  the  ap- 
proval of  the  auditor  of  Boston,  as  provided  in  section 
twenty-six  of  said  chapter,  and  of  the  mayor  of  the  city 
of  Boston,  —  so  as  to  read  as  follows:  —  Section  7.     In  Medical 

1-       1  •  in  •  examiners, 

the  county  of  Suffolk,  each  medical  examiner  shall  receive  Suffolk 
from  the  county  an  annual  salary  of  four  thousand  dol-  salaries',  etc. 
lars,  and  the  associate  medical  examiner,  a  salary  of  six 
hundred  and  sixty-six  dollars ;  but  if  the  associate  medical 
examiner  serves  in  any  year  more  than  two  months,  he 
shall,  for  such  additional  service,  be  paid  at  the  same  rate 
to  be  deducted  from  the  salary  of  the  medical  examiner  at 
whose  request  he  serves.  The  medical  examiners  for  the 
county  of  Suffolk  and  the  associate  medical  examiner  for 
said  county  shall  be  provided  with  rooms  suitably  fur- 
nished for  the  performance  of  their  duties,  the  rent,  fur- 
nishing and  office  equipment  of  which  shall  be  paid  for  by 
said  county  upon  the  approval  of  the  mayor  of  the  city  of 
Boston.  Each  of  said  medical  examiners  may  in  the  name 
of  the  county  contract  such  bills  for  clerical  services,  post- 
age, stationery,  printing,  telephones,  travelling,  cost  of  the 
removal  of  bodies  to  approj^riate  depositories  and  the  care 
of  the  same,  and  for  such  other  incidental  expenses  as  may 
in  the  opinion  of  the  examiner  be  necessary  for  the  proper 
performance  of  his  duty,  to  an  amount  not  exceeding  five 
thousand  dollars  in  any  one  year;  and  the  associate  medi- 
cal examiner  may  in  the  name  of  the  county  contract  bills 
for  the  said  purposes  to  an  amount  not  exceeding  eight 
hundred  and  thirty-three  dollars  in  any  one  year;  and  all 
such  bills  shall  be  paid  by  the  county  of  Suffolk  upon  a 
certificate  by  the  examiner  who  contracts  the  same  that 
they  were  necessarily  incurred  in  the  proper  performance 
of  his  duty,  and  upon  the  approval  of  the  auditor  of  Bos- 
ton, as  provided  in  section  twenty-six  of  said  chapter,  and 
of  the  mayor  of  the  city  of  Boston.  Medical  examiners 
and  associate  medical  examiners  in  other  counties  shall 
receive  fees  as  follows :  for  a  view  without  an  autopsy,  five 
dollars;  for  a  view  and  autopsy,  thirty  dollars;  and  for 
travel,  ten  cents  a  mile  to  and  from  the  place  of  view. 
Sectiox  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  21,  190S. 


376 


Acts,  1908.  — Chap.  425. 


1907,  560, 
§  175, 
amended. 


Certificates  of 
nomination 
and  nomina- 
tion papers, 
contents,  etc. 


ChapA^5  Ax   Act   relative   to   the   political  desigxatiox   of 

CANDIDATES    FOR   PUBLIC    OFFICE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  hundred  and  seventy-five  of 
chapter  five  hundred  and  sixty  of  the  acts  of  the  year 
nineteen  hundred  and  seven  is  hereby  amended  by  adding 
at  the  end  thereof  the  words :  —  If  a  candidate  receives 
the  nomination  of  a  political  party,  and  fails  to  withdraw 
therefrom,  the  name  of  any  other  political  party  shall  not 
be  used  in  his  political  designation  unless  he  shall  have 
received  the  regular  nomination  of  such  other  political 
party,  —  so  as  to  read  as  follows:  —  Section  175.  All 
certificates  of  nomination  and  nomination  papers  shall,  in 
addition  to  the  names  of  candidates,  specify  as  to  each: 

( 1 )  his  residence  with  street  and  number  thereof,  if  any : 

(2)  the  office  for  which  he  is  nominated;  and  (3),  except 
as  hereinafter  provided,  the  party  or  political  principle 
which  he  represents,  expressed  in  not  more  than  three 
words.  Certificates  of  nomination  shall  also  state  what 
provision,  if  any,  was  made  by  the  caucus  or  convention 
for  filling  vacancies  caused  by  the  death,  withdrawal  or 
ineligibility  of  candidates.  The  names  of  the  candidates 
for  president  and  vice  president  of  the  United  States  may 
be  added  to  the  party  or  political  designation  of  the  can- 
didates for  presidential  electors.  To  the  name  of  each 
candidate  for  the  office  of  alderman  at  large  shall  be  added 
the  number  of  the  ward  in  which  he  resides. 

If  a  candidate  is  nominated  otherwise  than  by  a  politi- 
cal party,  the  name  of  a  political  party  shall  not  be  used 
in  his  political  designation,  except  as  describing  and  pre- 
ceding some  other  name  or  term  which  shall  not  be  the 
name  of  any  party  which  cast  at  the  last  preceding  elec- 
tion more  than  three  thousand  votes  for  governor;  and  if 
so  used  in  case  of  a  candidate  nominated  by  a  nomination 
paper,  the  political  designation  shall  consist  of  not  more 
than  two  words  and  shall  not  be  changed  after  having  been 
placed  upon  the  paper.  Certificates  of  nomination  and 
nomination  papers  for  to^vn  offices  may  or  may  not  include 
a  designation  of  the  party  or  principle  which  the  candi- 
date represents.  If  a  candidate  receives  the  nomination 
of  a  political  party,  and  fails  to  withdraw  therefrom,  the 


Designation  in 
certain  cases. 


Acts,  1908.  — Chaps.  426,  427.  377 

name  of  any  other  political  party  shall  not  be  used  in  his 
political  designation  unless  he  shall  have  received  the  regu- 
lar nomination  of  such  other  political  party. 

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

Approved  April  21,  1908. 


Ax  Act  relative  to  the  physician  of  the  massachu-  Char)A2(j 

SETTS  EEFOEMATOKY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  annual  salary  of  the  physician  of  the  Salary 
Massachusetts   reformatory   shall   be  twenty-five   hundred  ^^  '^ 
dollars.     He  shall  devote  his  whole  time  to  the  service  of 
the  reformatory. 

Section  2.     This  act  shall  take  effect  on  the  first  day  when  to  take 
of  September  in  the  year  nineteen  hundred  and  eight. 


Approved  April  21,  190S. 


An  Act  relative  to  state  aid  for  high  schools  in 
small  towns. 


Chap.4:21 


Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  two  hundred  of  the  1906,  200,  §  1, 
acts    of   the   year   nineteen   hundred    and    six    is    hereby  ^™^°  ^ 
amended  by  adding  at  the  end  thereof  the  following :  — 
But  no  to^\m  the  valuation  of  which  averages  a  larger  sum 
for  each  pupil  in  the  average  membership  of  its  public 
schools  than  the  corresponding  average  for  the  common- 
wealth, shall  receive  money  from  the  commonwealth  under 
the  provisions  of  this  section ;   and  no  expenditures  shall 
be  made  by  the  commonwealth  on  account  of  high  school 
instruction  under  the  provisions  of  this  section  unless  the 
high   school   in   which   such   instruction   is   furnished   has 
been  approved  by  the  state  board  of  education,  —  so  as  to 
read  as  follows:  —  Section  1.     If  a  town  of  less  than  five  state  aid  for 
hundred  families  maintains  a  high  school  of  its  own  of  the  in^certain°^ 
character   described   in   section  two  of  chapter   forty-two  *°""'°®- 
of  the  Revised  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.     But  no  town 
the  valuation  of  which  averages  a  larger  sum  for  each 


378 


Acts,  1908.  — Chap.  428. 


Payments  not 
to  be  made 
except  by  au- 
thority of  this 
act. 


pupil  in  the  average  membersliip  of  its  public  schools  than 
the  corresponding  average  for  the  commonwealth,  shall  re- 
ceive money  from  the  commonwealth  under  the  provisions 
of  this  section ;  and  no  expenditures  shall  he  made  bv  the 
connnonwealth  on  account  of  high  school  instruction  under 
the  provisions  of  this  section  unless  the  high  school  in 
which  such  instruction  is  furnished  has  been  approved  by 
the  state  board  of  education. 

Section  2.  ]^o  payment  shall  be  made  from  the  treas- 
ury of  the  commonwealth  under  authority  of  said  chapter 
two  hundred,  except  in  accordance  with  section  one  of  said 
act  as  hereby  amended. 

Section  3,     This  act  shall  take  elfect  upon  its  passage. 

Approved  April  21,  1908. 


ChapA\>& 


1907.  560,  §  93, 
amended. 


Committee 
may  make 
rules  and 
regulations, 
etc. 


An  Act  relative  to  political  conventions. 
Be  it  enacted,  etc.,  as  folloics: 

Section  1,  Section  ninety-three  of  chapter  five  hun- 
dred and  sixty  of  the  acts  of  the  year  nineteen  hundred 
and  seven  is  hereby  amended  by  adding  at  the  end  thereof 
the  following :  —  A  state  committee  may  make  rules  and 
regulations,  not  inconsistent  with  law,  for  calling  conven- 
tions for  the  nomination  of  state  officers,  —  so  as  to  read 
as  follows:  —  Section  03.  A  state,  city  or  town  committee 
may  make  rules  and  regulations,  not  inconsistent  with  law, 
for  its  proceedings  and  relative  to  caucuses  called  by  it, 
and  may  fix  the  number  of  persons  of  whom  it  shall  con- 
sist, which  number  shall  be  announced  in  the  call  for  the 
meeting  at  which  they  are  to  be  chosen.  Each  city  or  towTi 
committee  may  make  reasonable  regulations,  not  inconsist- 
ent with  law,  to  determine  membership  in  the  party,  and 
to  restrain  persons  not  entitled  to  vote  at  caucuses  from  at- 
tendance thereat  or  taking  part  therein.  But  no  political 
committee  shall  prevent  any  voter  from  participating  in  a 
caucus  of  its  party  for  the  reason  that  the  voter  has  sup- 
ported an  independent  candidate  for  political  office.  A 
state  committee  may  make  rules  and  regulations,  not  in- 
consistent with  law,  for  calling  conventions  for  the  nom- 
ination of  state  officers. 

Section  2.     This  act  shall  take  efi'ect  upon  its  passage. 

Approved  April  21,  1908. 


Acts,  1908.  — Chaps.  429,  430.  379 

Ax  Act  to  establish  the  boundaby  line  between  the  Chan,429 

TOWNS   OF   LANCASTER   AND   STEELING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  following  described  line  shall  hereafter  Boundary  line 
be  the  bonndary  line  between  the  towns  of  Lancaster  and  Lancaster 
Sterling :  —  Beginning  at  a  slatestone  monument  standing  established^ 
at  the  corner  of  the  to^vns  of  Lancaster,  Leominster  and 
Sterling,  in  latitude  forty-two  degrees,  twenty-eight  min- 
utes, thirty  and  sixty-six  hundredths  seconds,   and  longi- 
tude seventy-one  degrees,  forty-three  minutes,  forty-three 
and  ninety-nine  hundredths  seconds ;  thence  south  seventy- 
six  degrees,  fifteen  minutes  east,  true  bearing,  along  the 
present    dividing   line    between    Lancaster    and    Sterling, 
twenty-seven  hundred  and  one  feet  to  a  slatestone  monu- 
ment standing  at  the  northeasterly  corner  of  the  town  of 
Sterling;  thence  south  no  degrees,  thirteen  minutes  east, 
true  bearing,  twenty-three  thousand  and  twenty-five  feet  to 
a  granite  monument  standing  at  the  corner  of  the  to^^^ls 
of  Clinton,  Lancaster  and  Sterling,  in  latitude  forty-two 
degrees,  twenty-four  minutes,  thirty-six  and  ninety-seven 
hundredths    seconds,    and   longitude   seventy-one    degrees,  . 
forty-three   minutes,    seven   and   eighty-three    hundredths 
seconds. 

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

Approved  April  21,  1908. 


An   Act   to  authorize   the   haverhill   agricultural  ni^^.y.  4.QA 

SOCIETY  TO  HOLD  ADDITIONAL  REAL  AND  PERSONAL  ES-      "' 
TATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  one  hundred  and  i908. 102,  §  1, 
two  of  the  acts  of  the  year  nineteen  hundred  and  eight  is 
hereby  amended  by  striking  out  the  word  "  twenty  ",  in 
the  last  line,  and  inserting  in  place  thereof  the  words :  — 
one  hundred,  —  so   as  to  read   as   follows:  —  Section    1.  Hayerhiii 
Charles  H.  Haves,  Warren  Emerson,  Moses  G.  Calef,  Ed-  sfc7etv*may 
warden.  George,  George  C.  Elliott,  Frank  H.  Eand,  W.  Saflnate. 
M.  Xichols,  Roswell  L.  Wood,  George  W.  Bickell,  Harry 
H.   Rogers,   George  L.   Martin,   Greenleaf  Clark,   Ernest 


380 


Acts,  1908.  — Chap.  431. 


Gilman,  John  Eddv,  George  M.  Warson,  George  H.  Hoyt, 
C,  F.  Tattersall  aud  Bvron  G.  Kimball,  their  associates 
and  successors  within  the  cities  of  Haverhill  and  Lawrence, 
and  the  towns  of  Methuen,  Merrimac,  West  Xewbury, 
Groveland,  Boxford,  Georgeto^\^l  and  Xorth  Andover,  are 
hereby  made  a  corporation  under  the  name  of  the  Haver- 
hill Agricultural  Society,  to  be  located  at  Haverhill ;  for 
the  encouragement  of  agriculture,  horticulture  and  the  arts 
by  the  distribution  of  premiums  and  otherwise,  with  the 
powers  and  privileges  and  subject  to  all  the  duties,  restric- 
tions and  liabilities  set  forth  in  all  general  laws  now  or 
hereafter  in  force  applicable  to  such  corporations ;  and  the 
said  corporation  is  hereby  authorized  to  acquire  by  pur- 
chase, gift,  devise  or  otherwise,  and  to  hold,  real  and  per- 
sonal estate  to  an  amount  not  exceeding  one  hundred  thou- 
sand dollars. 

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

Approved  April  21,  190S. 


R.  L.  20,  §  16, 
amended. 


ChfApA^\  Ax  Act  kelative  to  the  :\ieetixgs  of  couxty  commis- 

SIOXEES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  sixteen  of  chapter  twenty  of  the 
Revised  Laws  is  hereby  amended  by  adding  at  the  end 
thereof  the  words :  —  The  county  commissioners  of  the 
various  counties  may  by  vote  establish  such  other  regular 
meetings  to  be  held  at  such  times  and  in  such  places  within 
their  res]3ective  counties  as  they  think  proper,  and  all 
meetings  so  established  shall  be  considered  regular  meet- 
ings of  the  county  commissioners.  They  may  also  hold 
special  meetings  at  such  times  and  in  such  places  within 
their  respective  counties  as  they  think  proper,  —  so  as  to 
read  as  follows:  —  Section  16.  The  commissioners  shall 
hold  meetings  at  the  following  times  and  places  for  the 
respective  counties  in  which  such  places  are  situated:  — 

At  Barnstable,  on  the  second  Tuesday  of  April  and 
October. 

At  Pittsfield,  on  the  first  Tuesday  of  January,  April, 
July  and  October. 

At  Taunton,  on  the  fourth  Tuesday  of  March  and  Sep- 
tember. 


Times  and 
places  of 
meetings  of 
county  com- 
missioners. 


Acts,  1908.  — Chap.  431.  381 

At  Edi>-artowii,  on  the  Wednesday  next  after  the  third  t«^|«  and 
Monday  of  May  and  the  Wednesday  next  after  the  second  X„*|^s^„^. 
Monday  of  IsT ovember.  missioners. 

At  Ii^swich,  on  the  second  Tuesday  of  April ;  at  Salem, 
on  the  second  Tuesday  of  July;  at  Xewburyport,  on  the 
second  Tuesday  of  October ;  at  Lawrence,  on  the  last  Tues- 
day of  August ;  and  on  the  fourth  Tuesday  of  December, 
at  Ipswich,  Salem  or  Xewburyport,  as  the  commissioners 
shall  order  at  the  preceding  meeting. 

At  Greenfield,  on  the  first  Tuesday  of  March  and  Sep- 
tember and  the  second  Tuesday  of  June  and  Decendjer. 

At  Springfield,  on  the  second  Tuesday  of  April,  the  first 
Tuesday  of  October  and  the  fourth  Tuesday  of  June  and 
December. 

At  Xorthampton,  on  the  first  Tuesday  of  March,  Sep- 
tember, and  December  and  on  the  Tuesday  next  after  the 
second  Monday  of  June. 

At  Cambridge,  on  the  first  Tuesday  of  January  and 
June;  and  at  Lowell,  on  the  first  Tuesday  of  September. 

At  Dedham,  on  the  third  Tuesday  of  April,  the  fourth 
Tuesday  of  June  and  September  and  the  last  Wednesday 
of  December. 

At  Plymouth,  on  the  first  Tuesday  of  January,  the  third 
Tuesday  of  March  and  the  first  Tuesday  of  August. 

At  Worcester,  on  the  fourth  Tuesday  of  ^Nlarch,  the 
third  Tuesday  of  June,  the  second  Tuesday  of  September 
and  the  fourth  Tuesday  of  December. 

The  county  commissioners  of  the  various  counties  may 
by  vote  establish  such  other  regidar  meetings  to  be  held  at 
such  times  and  in  such  places  within  their  respective  coun- 
ties as  they  think  proper,  and  all  meetings  so  established 
shall  be  considered  regular  meetings  of  the  county  com- 
missioners. They  may  also  hold  special  meetings  at  such 
times  and  in  such  places  within  their  respective  counties 
as  they  think  proper. 

Sectioisj"  2.     Section  seventeen  of  said  chapter  twenty  r.  l.  20,  §  17, 
is  hereby  amended  by  striking  out  the  said  section  and  in-  ^°^^° 
serting  in  place  thereof  the  following:  —  Section  17.    They  Adjournment 

1  •  T  •  '^i  ,  •  ,  T      '     of  meetings. 

may  acljourn  any  regular  or  special  meeting  to  any  place 
in  the  same  county,  and  persons  required  to  ap]Tear  at  or 
processes  returnable  to  any  meeting  shall  appear  at  or  be 
returnable  to  the  adjourned  meeting. 


382 


Acts,  1908.  — Chap.  431. 


R.  L.  20,  §  19, 
amended. 


Temporary 
clerk,  api)(jint- 
ment,  etc. 


R.  L.  48,  §  54, 
amended. 


Proceedinga 
when  towns 
neglect  to 
make  high- 
ways, etc. 


R.  L.  48,  §  55, 
amended. 


Warrant  may 
be  issued 
against 
delinquent 
town,  etc. 


Section  3.  Section  nineteen  of  said  chapter  twenty  is 
hereby  amended  by  striking  out  the  said  section  and  in- 
serting in  phice  thereof  the  following:  — Section  19.  They 
may,  if  the  clerk  or  any  assistant  clerk  is  absent  from  a 
meeting  of  the  board,  ap}X)int  a  clerk  pro  tempore.  The 
clerk  pro  tempore  may  be  a  member  of  the  board  or  some 
other  suitable  jDerson;  shall  be  sworn  by  the  chairman  or 
the  presiding  commissioner ;  shall  keep  a  record  of  the  pro- 
ceedings of  the  meeting  and  shall  return  the  same  forth- 
with to  the  clerk  or  assistant  clerk,  who  shall  enter  it  ujdou 
the  records  of  the  commissioners. 

Section  4.  Section  fifty-four  of  chapter  forty-eight  of 
the  Revised  Laws  is  hereby  amended  by  striking  out  the 
words  "  at  their  next  meeting  they  ",  in  ths  sixth  line,  so 
as  to  read  as  follows :  —  Section  oJf..  If,  after  a  highway 
has  been  established  by  the  commissioners,  a  town  whose 
duty  it  is  to  make  such  highway,  or  a  part  thereof,  does 
not  make  and  complete  the  same  within  the  time  and  in 
the  manner  prescribed  and  to  the  acceptance  of  the  com- 
missioners, they  shall  forthwith  cause  such  highway  to  be 
completed  as  aforesaid,  and  shall  direct  the  expenses  and 
charges  of  completing  the  same  to  be  paid  by  the  county, 
and  shall  order  notice  thereof  to  be  given  to  each  delin- 
quent town,  stating  the  proportion  which  it  is  to  pay. 

Section  5.  Section  fifty-five  of  said  chapter  forty-eight 
is  hereby  amended  by  striking  out  the  words  ''  before  the 
next  regular  meeting  of  the  coimnissioners  ",  in  the  second 
and  third  lines,  and  inserting  in  place  thereof  the  words: 
—  within  sixty  days  after  the  date  of  said  notice,  —  so  as 
to  read  as  follows:  —  Section  55.  If  a  delinquent  town 
does  not  pay  its  proportion  of  such  expenses  and  charges 
within  sixty  days  after  the  date  of  said  notice,  with  inter- 
est thereon  at  the  rate  of  ten  per  cent  a  year  from  the  time 
when  the  same  is  paid  by  the  county,  the  commissioners 
may,  after  a  hearing,  issue  a  warrant  against  such  town 
for  the  amount  it  was  ordered  to  pay,  with  the  interest  and 
the  further  costs  of  such  notice  and  warrant,  which  shall 
be  collected  and  paid  into  the  county  treasury. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  21,  lOOSl 


Acts,  1908.  — Chaps.  432,  433.  383 


An  Act  to  authorize  the  city  of  haverhill  to  incur  Chap.4:32 

INDEBTEDNESS  FOR  THE  PURPOSE  OF  PAYING  ITS  PROPOR- 
TION OF  THE  COST  OF  CONSTRUCTING  A  BRIDGE  OVER  THE 
MERRIMAC    RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Haverhill,  for  the  purpose  of  ^JiVj^iy^i^J^T 
paying-  its  proportion  of  the  expense  of  constructing'  the  p^n  rf^costof 
new  bridge  and  approaches  over  the  Merrimac  river  in  the  construction 

a  ii  r<iiii°'  bridge  over 

city  of  Haverhill  as  provided  by  chapter  four  hundred  and  the  Merrimac 
sixty-six  of  the  acts  of  the  year  nineteen  hundred  and 
three,  is  hereby  authorized  to  issue  bonds  to  an  amount 
not  exceeding  one  hundred  and  twenty-three  thousand  dol- 
lars, and  bearing  interest  at  a  rate  not  exceeding  four  per 
cent  per  annum. 

Section  2.  Such  bonds  shall  be  payable  within  such  Payment  of 
periods,  not  exceeding  twenty  years  from  the  dates  of  issue, 
as  the  city  council  shall  determine,  and,  except  as  herein 
otherwise  provided,  shall  be  issued  in  accordance  with  the 
provisions  of  chapter  twenty-seven  of  the  Revised  Laws 
and  of  acts  in  amendment  thereof  and  in  addition  thereto ; 
and  they  shall  not  be  reckoned  in  determining  the  statu- 
tory limit  of  indebtedness  of  the  city. 

Section  3.  Said  city  shall  provide  at  the  time  of  con-  sinking  fund, 
tracting  said  loan  for  the  establishment  of  a  sinking  fund, 
and  shall  annually  contribute  thereto  a  sum  sufficient  with 
the  accumulations  thereof  to  pay  the  principal  of  the  loan 
at  maturity.  The  sinking  fund  shall  remain  inviolate  and 
pledged  to  the  payment  of  said  loan  and  shall  be  used  for 
no  other  purpose. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  22,  1908. 


ChcqjASS 


An  Act  relative  to  the  powers  of  the  tax  commis- 
sioner. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  five  of  chapter  fourteen  of  the  Ee-  r.  l.  i4,  §  5, 
vised  Laws  is  hereby  amended  by  striking  out  the  words 
"  or  his  deputy  ",  in  the  first,  fifth  and  eighth  lines,  by 
striking  out  the  words  "  and  his  deputy  ",  in  the  tenth 
line,  by  striking  out  the  word  "  their  ",  in  the  tenth  line, 


384 


Acts,  1908.  — Chap.  434. 


Tax  commis- 
sioner to  have 
supervision  of 
assessors,  etc. 


Powers  and 
duties. 


Exercise  of 
powers  and 

duties. 


and  inserting  in  place  thereof  the  word:  —  his,  —  and  by 
adding  at  the  end  thereof  the  following :  —  He  shall  give 
his  opinion  to  assessors  and  collectors  upon  anv  question 
arising  nnder  anv  statute  relating  to  the  assessment  and 
collection  of  taxes,  and  may  advise  and  consult  with  the 
attorney-general  upon  all  questions  arising  under  this  pro- 
vision, —  so  as  to  read  as  follows :  —  Section  5.  He  may 
visit  any  city  or  town,  insj^ect  the  work  of  its  assessors  and 
give  to  them  such  information  and  require  of  them  such 
action  as  will  tend  to  produce  uniformity  in  valuation  and 
assessments  throughout  the  commonwealth.  He  may  cause 
an  assessor  who  violates  any  of  the  laws  relative  to  the 
assessment  of  taxes  for  which  a  penalty  is  imposed  to  be 
prosecuted,  either  in  the  county  in  which  said  officer  re- 
sides or  in  an  adjoining  county.  He  may  appear  before 
the  superior  court  or  any  board  of  county  commissioners 
sitting  for  the  abatement  of  taxes.  He  shall  be  allowed 
his  reasonable  travelling  expenses  incurred  under  the  pro- 
visions of  this  section.  He  shall  give  his  opinion  to  assess- 
ors and  collectors  upon  any  question  arising  under  any 
statute  relating  to  the  assessment  and  collection  of  taxes, 
and  may  advise  and  consult  with  the  attorney-general  upon 
all  questions  arising  under  this  provision. 

Sectio:^  2.  The  duties  imposed  upon  and  the  powers 
granted  to  the  tax  commissioner  by  the  provisions  of  this 
act  may  be  exercised  by  him  in  person  or  by  his  deputy 
or  first  assistant  acting  under  his  direction  and  control. 

Approved  April  22,  1908. 


C7iapAi^4:  -^^  Act  to  provide  for  advancing  money  to  the  act- 
ing PAYMASTER   GENERAL  OF  THE  MILITIA. 


Money  may  be 
advanced  to 
acting  pay- 
master general 
of  the  militia. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  acting  paymaster  general  of  the  militia 
may  have  advanced  to  him  from  the  treasury  of  the  com- 
monwealth one  hundred  per  cent  of  the  pay  and  mileage 
due  or  t9  become  due  to  the  officers  and  men  of  the  militia 
for  duty  performed  at  camp  or  annual  drill,  under  such 
rules  and  regulations  as  the  treasurer  and  receiver  general 
may  prescribe ;  and  the  acting  paymaster  general  shall  pay 
back  to  the  said  treasurer  any  unexpended  balance  of  the 
sums  thus  advanced  to  him. 


Acts,  1908.  — Chaps.  435,  486.  385 

Section  2.     So  much  of  section  thirty-five  of  chapter  Repeal, 
six  of  the  Revised  Laws,  as  amended  by  section  one  of 
chapter  three  hundred  and  sixty-nine  of  the  acts  of  the 
year  nineteen  hundred  and  iive,  as  is  inconsistent  herewith, 
is  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  22,  1908. 


ChapA^^ 


An  Act  relative  to  vessels  used  in  the  sale  of  milk. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  one  hundred  and  sixteen  of  the  acts  looe,  iie,  §  3. 
of  the  year  nineteen  hundred  and  six  is  hereby  amended  ^™^"'^'*"^'- 
by  striking  out  section  three  and  inserting  in  place  thereof 
the  following: — Section  3.     Every  licensed  milk  dealer  Penalty  for 
who  sells,  or  has  in  his  possession  with  intent  to  sell,  milk  ve'sfeis"used  m 
not  contained  in  clean  vessels  bearing  his  own  name,  or  miiif.'^'®  °^ 
the  name  under  which  his  business  is  conducted,  and  bear- 
ing no  other  name,  shall  be  punished  by  a  fine  of  ten  dol- 
lars for  each  offence ;  but  the  provisions  of  this  section  Not  to  apply 
shall  not  apply  to  j^ersons  using  clean  vessels  bearing  the  "l^el 
name  of  another  person  whose  written  ix-rmission  for  such 
use  shall  have  been  obtained  previously  and  registered  in 
the  office  of  the  milk  inspector,  in  municipalities  having 
such  officer,  and  in  other  municipalities  registered  in  the 
office  of  the  city  or  to'wn  clerk. 

Section  2.     Section  four  of  said  chapter  one  hundred  Repeal. 
and  sixteen  is  hereby  repealed. 

Approved  April  22,  1008. 


ChapMQ^ 

SUEANCE   policies.  "^ 

Be  it  enacted,  etc.,  as  follows: 

Section   1.      At  the  request  of  a  policy  holder  whose  certain  life 

policy  contains  no  provision  for  exchange  or  alteration,  a  '"fuck's  ^av 

domestic  life  insurance  company  may  issue  and  deliver,  in  t>e  exchanged 

T  .  %,.''.  T-  '  upon  request 

excnange  lor  a  policy  issued  by  it  prior  to  January  first,  ?^^°^"^y 
nineteen  hundred  and  eight,  any  policy  of  life  insurance 
wdiicli  complies  with  the  provisions  of  law  applicable  to 

the  original  policy:  provided,  however,  that  any  policy  so  Proviso, 
issued  and  delivered  shall  be  issued  as  of  the  date  of  the 


38G 


Acts,  1908.  — Chap.  437. 


Iinprovenient 
of  llyile  Park 
avenvie  in 
Boston,  etc. 


Certain  pro- 
visions of  law 
lo  apply. 


original  policy  and  shall  not  exceed  the  ainount   ])a_val)le 
bj  the  terms  of  the  original  policy. 

Section  2.     This  act  shall  take  effect  n])on  its  ])assage. 

Approved  April  22,  1908. 

ChapASl  ^^N  Act  to  authorize  the  city  of  boston  to  improve 

HYDE    PARK   AVKNUE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Boston  is  hereby  anthorized  to 
expend  ontsidc  of  the  statutory  limit  of  indebtedness  of 
the  city  a  snm  not  exceeding  seventy  thousand  dollars  in 
laying  out,  widening,  constructing  and  improving  Hyde 
Park  avenue  in  the  AVest  Roxbury  district  of  the  city, 
from  Ashland  street  to  the  Hyde  Park  line. 

Section  2.  Said  highway  shall  be  laid  out,  widened 
and  constructed,  and  the  assessable  cost  incurred  in  carry- 
ing out  the  provisions  of  this  act  shall  be  assessed  under 
the  ])r()visions,  so  far  as  the}'  may  be  applicable,  of  chap- 
ter three  hundred  and  twenty-three  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-one  and  of  acts  in  amend- 
ment thereof  and  in  addition  thereto. 

Section  3.  The  treasurer  of  the  city  of  Boston,  with 
the  approval  of  the  mayor,  for  the  purpose  of  carrying  out 
the  aforesaid  provisions  shall  issue  and  sell  negotiable  l)onds 
or  certificates  of  the  city  to  an  amount  not  exceeding  the 
amount  aforesaid.  Such  bonds  or  certificates  shall  be  reg- 
istered or  shall  have  interest  coupons  attached,  shall  be 
issued  for  terms  of  not  more  than  forty  years  from  their 
dates,  shall  be  sold  or  disposed  of  in  such  manner  and  at 
such  times  and  prices  and  in  snch  amounts  and  at  such 
rates  of  interest,  not  exceeding  four  per  cent  per  annum, 
as  said  treasurer,  with  the  a])proval  of  the  mayor,  shall 
determine.  Such  amounts  shall  be  raised  annually  by 
taxation  as  will,  with  the  interest  thereon,  be  sufficient  to 
\)i\y  the  interest  on  the  said  loan  and  the  ])rincipal  as  it 
becomes  due. 

Section  4.  This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council  of  the  city  of  Boston. 

(TJic  foregoing  was  laid  before  the  Lieutenant  Governor, 
Acting  Governor,  on  the  sixteenth  day  of  April,  1908,  and 
after  five  days  it  had  "  the  force  of  a  law  " ,  as  prescribed 
by  the  Constitution,  as  it  ivas  not  returned  by  him  with  his 
objections  thereto  within  that  lime.) 


City  of  Boston 
may  issue 
bonds,  etc. 


When  to  take 
effect. 


Acts,  1908.  — Chaps.  438,  439.  387 


An  Act  to  amend  and  continue  the  corporate  aij-  (JJianAdS 

THORITY  OF  THE   LOWELE,   ACTON   AND  MAYNARD  STREET 
RAILWAY    COMPANY. 

Be  it  cnacicd,  etc.,  as  fol loirs: 

Section  1.     Chai)ter  tliri-c  liuiidred  and  forty-three  of  1905  343,  §  3, 

.  Ill  '11         amended. 

the  acts  of  the  year  nineteen  hundred  and  five  is  hereby 
amended  by  striking;  out  section  three  and  inserting  in 
phice  thereof  the  followinc;:  —  Seciion  3.     Said  street  rail-  Cf'nstructipn, 

i  ~  .  .  etc.,  of  rail- 

way company  may  construct  and  operate  its  railway  over  way  over  the 

1  11^  "  •  c      1         T-i-      11  Ml  o  1     overhead 

the  overhead  crossmc;  of  the  Jb  itchburs;  railroad  at  South  crossing  of  the 

.  .  Fitchburg 

Acton  without  the  payment  of  any  share  of  the  cost  of  the  railroad  at 
abolition  of  the  grade  crossing  at  South  Acton,  under  any 
existing  location,  or  any  future  location  properly  granted 
by  the  selectmen  of  the  town  of  Acton  and  approved  by 
the  railroad  commissioners. 

Section  2.     Said  chapter  three  hundred  and  forty-three  loos,  343.  §  4, 
is  hereby  further  amended  by  striking  out  section  four  and 
inserting  in  place  thereof  the  following :  —  Section  4.     The  Time  limit 
time  limit  for  constructing  and  putting  in  operation  the  ^^'^"  ^ 
part  of  the  railway  of  the  said  company  betw^een  South 
Acton,  West  Acton  and  Acton  Centre  is  hereby  extended 
to  the  first  day  of  December  in  the  year  nineteen  hun- 
dred and  nine. 

Section  3.     This  act  shall  take  efPcct  upon  its  passage. 

Approved  April  23,  1908. 

An  Act  relative  to  the  waban  church  corporation.  /^/,«^,  4^9 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Wal)an  Cliurch  Corporation  of  New-  The  Waban 
ton  and  William  C.  Strong  and  Amasa  S.  Barnes,  trustees,  SHon'may se°il 
are  hereby  authorized  to  sell  and  convey  to  the  Parish  of  properTy.^'" 
the  Good  Shepherd,  or  to  such  trustees  as  it  may  appoint, 
the  real  estate  and  property  now  held  by  them  or  either 
of  them  for  purposes  of  religious  worship,  upon  such  terms 
as  may  be  agreed  upon. 

Section  2.     Said  Waban  Church  Corporation  is  hereby  May  tran.sfer 
authorized  to   transfer   to   the   Union   Church   Society   of  ^ropi"ty  to 
Waban,  or  to  such  trustees  as  that  society  shall  appoint,  cufuJ^ch  Society 
any  property  which  it  may  receive  under  the  provisions  "^Waban. 
of  the  preceding  section,  upon  such  terms  as  may  be  agreed 
upon. 


388  Acts,  1908.  — Cuai's.  410,  441. 

tl.n">raH'Mrto        Skction   3.     Upon  the  completion  of  the  transactions 
be  dissolved.      authorized  by  the  preceding  sections  the  Waban   Chnrch 
Corporation  shall  be  dissolved. 

Section  4.     This  act  shall  take  effect  npon  its  passage. 

Approved  April  2Jt,  190S. 

ChapA^O  An  Act  to  authorize  the   MUNicirAL  court  of  the 

CITY    OF    BOSTON    TO    EMPLOY    CLERICAL    ASSISTANCE    IN 
KEEPING   ITS   PROBATION   RECORDS. 

Be  it  enacted,  etc.,  as  folloivs: 
Municipal  Section  1.     The  iniinicii)al  court  of  the  citv  of  Boston 

court  of  the  _  i   _  _  i- 

city  of  Boston,   may  eni])loy  such  clerical  assistance  as  it  may  deem  neces- 

clencal  pit  •  •      i        •  i  •  • 

assistance.  sai'y  for  the  keeping,  indexing  and  consolidation  of  the 
records  required  to  be  kept  in  said  court  under  the  provi- 
sions of  section  forty  of  chapter  two  hundred  and  twelve 
and  section  eighty-four  of  chapter  two  hundred  and  seven- 
teen of  the  Revised  Laws.  The  compensation  for  such 
service,  which  shall  be  fixed  by  the  court,  shall  be  paid  by 
the  county  of  Suffolk,  upon  vouchers  approved  by  the 
court. 

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

Approved  April  2J^,  1908. 

ChapA^\  An  Act  relative  to  ruffed  grouse,   woodcock:  and 

QUAIL. 

Be  it  enacted,  etc.,  as  follows: 
Protection  of  Section  4.     It  shall  be  unlawful,  between  the  first  day 

ruffed  grouse,  '  ,  •' 

woodcock  and  of  November  and  the  first  day  of  October  following,  to 
hunt,  pursue,  take  or  kill  a  ruffed  grouse,  commonly  called 
partridge,  a  woodcock,  or  a  quail,  or  to  have  the  same,  or 
any  part  thereof,  in  possession,  whenever  or  wherever  the 
bird  may  have  been  taken  or  killed. 

prohibhed"^'  Section  2.     It  sliall  be  unlawful  to  buy,  sell,  olTer  for 

sale  or  otherwise  dispose  of  at  any  time  any  of  the  above 
mentioned  birds,  or  any  part  thereof,  whenever  or  wher- 

Proviso.  ever  such  bird  may  have  been  taken  or  killed:  provided, 

however,  that  a  person,  firm  or  cor])oration  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  coriwration,  and  may  have  in  possession  if 


Acts,  1908.— Chap.  441.  389 

so  bought,  quail  from  the  first  day  of  November  to  the 
first  day  of  January  following,  if  such  quail  or  parts 
thereof  were  not  taken  in  this  commonwealth,  and  were  not 
taken,  killed,  bought,  sold  or  otherwise  disposed  of  or 
transported  contrary  to  the  laws  of  any  state  or  country. 
And  a  jDerson,  firm  or  corporation  dealing  in  game  or  en- 
gaged in  the  cold  storage  business  may  have  quail  in  pos- 
session in  cold  storage  for  storage  purposes,  at  any  season, 
if  such  quail  were  not  taken  or  killed  in  this  common- 
wealth, and  were  not  taken,  killed,  bought,  sold  or  other- 
wise procured  or  disposed  of,  or  transported  contrary  to 
the  laws  of  the  state  or  country  in  which  the  quail  were 
taken,  killed,  or  transported ;  provided,  however,  that  such  Proviso, 
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, 
and  that  the  packages  are  plainly  marked  with  the  name 
and  number  of  the  birds  therein.  The  commissioners  or 
their  deputies  shall  then  place  a  seal  upon  all  receptacles 
and  packages  containing  any  species  of  quail.  The  said 
seal  shall  not  be  removed  by  any  person  other  than  the 
commissioners  on  fisheries  and  game  or  their  deputies,  and 
shall  be  removed  by  the  said  commissioners  or  their  depu- 
ties upon  the  first  day  of  ISTovember  of  each  year.  The 
packages  so  sealed  shall  not  be  opened  or  removed  from  that 
storage  warehouse  under  a  penalty  of  twenty  dollars  for 
each  bird.  But  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  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 
lX)ssession  has  violated  some  provision  of  this  act. 

Section  4.     Section  two  of  chapter  ninety-two  of  the  Repeal. 
Revised  Laws,   as  amended  by  chapter  two  hundred   and 


390  Acts,  1908.  — Chaps.  442,  443,  444. 

six  of  the  acts  of  the  year  nineteen  hnndred  and  three,  and 
chapter  three  hnndred  and  three  of  the  acts  of  the  year 
nineteen  hnndred  and  six,  are  herehy  repealed. 

Approved  April  2.k,  1908. 

Chap.4A2  An  Act  to  establish  the  salaky  of  the  siiekiff  of 

THE   COUNTY   OF    IIAMPSIIIKE. 

Be  it  enacted,  etc.,  as  folloics: 

shl^r^  Section  1.      The  annual  salary  of  the  sheriff  for  the 

county  of  Tlanipshire  shall  be  fifteen  hundred  dollars,  to 
he  so  allowed  from  the  first  day  of  January  in  the  year 
nineteen  hundred  and  eight. 

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

Approved  April  2Jf,  190s\ 

ChctpA4S  An   Act  eelative  to  the   distribution   of  the  blue 

BOOK. 

Be  it  enacted,  etc.,  as  follows: 

R.  L  9  §  2,  Section   two   of  chapter  nine  of  the  Revised  Laws   is 

hereb}'  amended  by  striking  out  the  last  paragraph  and  in- 

Distribution  of  scrtiug  in  placc  thereof  the  following:  —  The  remaining 

le  J  e   oo  .    p^^pipg  j^^^y  j^g  g^lj  1^^,  ^l^g  secretary  of  the  commonwealth 

at  such  price  per  copy,  not  less  than  the  cost  of  printing, 
binding  and  paper,  as  shall  be  fixed  by  him. 

Approved  April  2 If,  190S. 

ChapA4:4:  An  Act  relati.ve  to  the  pkinting  and  distribution  of 

public  DOCU:\rENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  seven  of  chapter  nine  of  the  TJovised   Laws  is 
hereby  amended  by  striking  out  the  words  "  fifteen  hun- 
dred ",  in  the  last  paragraph,  and  inserting  in  ])la(^e  thereof 
the  words:  —  one  thousand,  —  and  by  adding  at  the  end 
thereof   the   following:  —  The   number   of   copies   of   any 
report  to  be  ])rinted  in  any  one  year  may  be  decreased  by 
agreement  l)etween  tlu;  ofi^icer,  board  or  commission  making 
such  report  and  the  secretary  of  the  commonwcaltli,  —  so 
Reports  of         fj^^t  Said  paragraph  will  read  as  follows :  —  Unless  other- 
officers.etc,      wisc  cxpresslv  provided,  all  the  reports  of  permanent  state 
pnning,  ec.      ^^^^^gyg^  boards  and  cDnnnissions  shall   be  included  in  the 


R.  L.  9.  5 
amended 


Acts,  1908.  — Chap.  445.  391 

public  document  series,  and  one  thousand  copies  of  each  of 
said  reports  shall  be  printed.  The  number  of  copies  of  any 
report  to  be  printed  in  any  one  year  may  be  decreased  by 
agreement  between  the  officer,  board  or  connnission  making 
such  report  and  the  secretary  of  the  commonwealth. 

Approved  April  '2Jk,  WOS. 


ChapA4:5 


An  Act  to  AUTuoBizji  the  ciiari.es  kivee  basin  com- 
mission TO  take  land  for  an  approach  to  the  em- 
bankment on  the  boston  side  of  the  river. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     The  CUiarles  river  basin  commission,  for  Certain  land 
the  purpose  of  constructing  an  approach  from  Charles  street  for'the  con- 
in  the  city  of  Boston  to  the  end^ankment  provided  for  in  approach  to ^" 
chapter  four  hundred  and  sixty-five  of  the  acts  of  the  year  mlnt^n^'ihe 
nineteen  hundred  and  three,  as  amended  by  chapter  four  Hi'^^'chaHel  °^ 
hundred  and  two  of  the  acts  of  the  year  nineteen  hundred  "^'''■■ 
and  six,  may  take  in  fee  or  otherwise,  or  acquire  by  pur- 
chase or  otherwise,  for  the  city  of  Boston,  so  much  of  the 
land  belonging  to  the  trustees  of  the  Massachusetts  Char- 
itable Eye  and  Ear  Infirmary  on  said  Charles  street  as  the 
commission  may  deem  necessary,  by  filing  in  the  registry  Description  of 
of  deeds  for  Suffolk  county  a  description  thereof  signed  ffied,  etc.^ 
by  a  majority  of  the  commissioners,  and  may  construct  on 
the  land  so  taken  and  on  the  land  of  the  city  of  Boston 
between  said  land  and  the  Cambridge  bridge  a  suitable  ai> 
proach  to  said  embankment. 

Section  2.  The  city  of  Boston  and  any  person  whose  Damages, 
property  is  taken  under  autliority  of  this  act  may  have 
compensation  therefor  as  determined  by  agreement  with 
the  commission,  and  if  they  cannot  agree,  compensation 
may  be  determined  by  a  jury  in  the  superior  court  for  the 
county  of  Suffolk  under  the  same  provisions  of  law,  so  far 
as  they  are  applicable,  which  apply  in  determining  the 
value  of  lands  taken  for  highways  under  chapter  forty- 
eight  of  the  Revised  Laws,  u\K>n  petition  therefor  by  the 
connnission  or  by  such  person,  filed  in  the  clerk's  office  of 
said  court  against  the  conmionwealth  or  the  city  of  ]3os- 
ton,  within  one  year  after  the  taking,  and  costs  shall  be 
taxed  and  execution  issued  as  in  civil  cases. 

Section  3.     The  commonwealth  shall,  in  the  first  in-  Payment  of 
stance,  pay  all  expenses  incurred  in  carrying  out  the  ]u-o-  •^^''^"•'"'- 


392  Acts,  11)08.  — Chaps.  446,  447. 

visions  of  this  act,  including  the  fair  vahie  of  any  land  of 
the  city  of  Boston  which  may  be  used  as  an  approach  to 
said  embankment,  and  the  same  shall  constitute  a  part  of 
the  cost  of  construction  of  the  embankment  anthorized  by 
said  chapter  four  hundred  and  two. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  2Jk,  1908. 

C//(fpA4:G  ^^^   -^CT   RELATIVE   TO   THE   SALARY  AND  EXPENSES    OF   THE 
SHERIFF  OF  THE   COUNTY   OF   NORFOLK. 

Be  it  enacted,  etc.,  as  follows: 

shlriff"^  Section  1.     The  salary  of  the  sheriff  of  the  county  of 

Norfolk  shall  be  twenty-two  hundred  dollars  a  year,  to  be 
so  allowed  from  the  first  day  of  January  in  the  year  nine- 
teen hundred  and  eight,  and  he  shall  annually  receive  a 
sum  not  exceeding  three  hundred  dollars  in  full  com|)en- 
sation  for  his  travelling  expenses. 

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

Approved  April  2^,  1908. 

Chap.4A7  -^n  Act  relative  to  the  regulation  of  street  traffic 

IN   THE   CITY  OF  BOSTON. 

Be  it  enacted,  etc.,  as  folloirs: 
Street  traffic  in       Section  1.     The  autlioritv  uow  vcsted  in  the  city  coim- 

the  citv  of  1  c      1  •  c    -r> 

Boston  eil  or  in  the  board  of  aldermen  of  the  city  of  Boston  to 

regulated.  .  •'      . 

pass  ordinances,  l)y-laws  or  regulations  relative  to  street 
traffic,  or  to  the  movement,  stopping  or  standing  of 
vehicles,  and  to  prescribe  penalties  not  exceeding  fifty  dol- 
lars for  the  breach  thereof,  is  hereby  transferred  to  and 
vested  in  the  street  commissioners  of  the  city  of  Boston. 
Said  commissi(mers  are  hereby  authorized,  after  giving  an 
advertised  ]>iiblic  hearing  thereon,  to  pass,  and  to  amend 
or  change  from  tinu^  to  time,  all  regulations  for  such  pur- 
pose, not  inconsistent  with  law,  which  they  shall  deem 
needful  to  jirevent  the  congestion  and  delay  of  traffic,  and 
for  other  ]uirposes,  and  every  such  regulation  or  amend- 
ment or  change  thereof  shall  forthwith  be  filed  with  the 
city  clerk  of  said  city  and  shall  be  advertised  by  him  for 
at  least  two  weeks  in  two  or  more  news])apers  pu])lished 
in  said  city.     Wlien  any  sncli  regulation  goes  into  effect 


Acts,  1908.  — Chap.  448.  393 

any  ordinance  or  by-law  of  said  city  or  regulation  of  the 
board  of  aldermen  inconsistent  therewith  shall  be  null  and 
void.  All  such  regulations  shall  be  enforced  by  the  police 
connnissioner  of  said  city.  Any  expenses  incurred  by  said 
commissioners  in  carrying  out  the  provisions  of  this  act 
shall,  when  approved  by  the  i)olice  commissioner,  be  jiaid 
as  expenses  of  the  police  department. 

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

Approved  April  2Jf,  I'JOS. 


An  Act  to  autuorizk  the  town  of  north  atteebor-  ChapA4S 

OUOU    TO    ACQUIIil''    LAND    AND    ESTABLISH    A    SEWAGE    DIS- 
POSAL  PLANT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  North  Attleborough  is  hereby  Town  of  North 

.  .  ,  "  ,  .     '      Attleborougli 

authorized  to  take,  or  acquire   by  purcnase  or  otherwise,  may  take,  etc., 

c    1         T     •  1  !■  '  *  ,  .  1    1  11'  J.     certain  land 

an  area  ot  land  in  the  town  oi  Attleborougli  lying  west-  for  sewerage 
erly  of  the  Attleborougli  Branch  railroad,  so-called,  and  ''"""i'"*^^' 
between  said  railroad  and  the  Ten  Mile  river,  and  extend- 
ing southeasterly  from  the  North  Attleborougli  town  line 
a  distance  of  fifteen  hundred  feet,  measured  along  the  line 
of  said  railroad  from  the  said  tovn\  line ;  and,  in  addition, 
such  land  in  the  town  of  Attleborougli  as  may  be  necessary 
for  the  construction  oi  tlie  outfall  sewer  connecting  the 
collecting  system  of  sewers  in  North  Attleborough  with 
the  disposal  plant,  to  be  located  in  the  territory  above  de- 
scribed ;  and  the  to^\ni  may  construct  within  the  town  such  May  construct 

,.  ■,'  ■..  iii  1        sewers,  drains, 

mam  drains,  sewers  and  sewage  disposal  plant  as  may  be  etc. 
necessary  for  the  purposes  of  the  sewage  dis]X)sal  system 
of  the  town  of  North  Attleborougli,  under  or  over  any 
water  course,  bridge,  railroad,  railway  or  way,  or  within 
the  location  of  any  railroad,  and  may  enter  upon  and  dig 
up  and  excavate  any  private  land,  street  or  way,  or  rail-, 
road  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,  lioivever,  that  said  I'roviso. 
town  shall  not  take  in  fee  any  land  of  a  railroad  corpora- 
tion, and  that  it  shall  not  enter  upon  or  construct  any 
drains  or  sewers  within  the  location  of  a  railroad  corpora- 
tion, except  at  such  time  and  in  sucli  manner  as  it  may 


;j9i 


Acts,  1908.  — Chap.  448. 


Description  of 
lands  taken  to 
be  recorded, 
etc. 


ao'roe  ujjoii  with  such  corporation,  or,  in  case  of  failure  1o 
agree,  as  may  be  apjjroved  by  the  board  of  railroad  coni- 

Proviso.  niissioners ;    and   jjrovided,  fuiilier,  that   no   act   shall   be 

done  under  authority  of  this  act,  except  in  the  ])reparation 
of  plans,  until  plans  for  said  system  of  sewerage  and 
sewage  disjiosal,  including  lands  to  be  acquired  in  connec- 
tion therewith,  have  been  submitted  to  and  a])])roved  by 
the  state  board  of  health,  and  that  the  works  shall  be  con- 
structed in  accordance  with  ])lans  so  a])j)roved. 

SECTioisr  2.  Said  town,  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  for  the  county  and  district  in  which 
such  lands,  rights  or  easements  are  situated,  a  statement 
in  writing,  containing  a  description  thereof  as  certain  as 
is  required  in  a  common  conveyance  of  laud,  and  specify- 
ing that  the  same  are  taken  Tinder  the  authority  of  this 
act ;  and  upon  such  recording  the  title  to  the  lands,  water 
rights,  rights  of  way  or  easements  described  in  such  state- 
ment shall  vest  in  the  town  of  ISTorth  Attleborough,  which 
shall  pay  all  damages  therefor  and  all  other  damages  which 
shall  be  sustained  by  any  person  or  cor])oration  through 

Damages.  any  actiou  of  said  town  under  this  act.     Said  town  at  the 

time  of  such  taking  shall  notify  the  owners  thereof  in 
writing,  and  may  agree  with  any  person  or  corporation  in- 
jured hereunder  upon  the  damages  sustained  by  such  per- 
son or  corporation ;  and  if  the  damages  are  not  agreed 
upon,  a  jury  in  the  superior  court  for  the  county  in  which 
the  cause  of  action  arises  may  be  had  to  determine  the 
same,  up(m  petition  of  either  party,  in  the  manner  pro- 
vided by  law  for  determining  the  dauuiges  for  land  taken 
for  the  laying  out  of  highways;  but  in  case  of  a  taking  no 
suit  or  petitifm  shall  be  ])rought  after  the  ex])iration  of 
two  years  from  the  date  of  the  recording  of  the  taking  as 
herein  ]iroviiled  ;  an<l  in  all  other  cases  no  suit  or  petition 
shall  be  brought  after  the  expiration  of  two  years  from 
the  time  when  tlie  cause  of  action  accrues. 

Skctiox  -3.     This  act  shall  take  effect  u])on  its  ])assage. 

Approved  April  2S,  1908. 


Acts,  1908.  — Chap.  449.  395 


An  Act  to  establish  the  lake  pleasant  water  sup-  (Jj^f^^r^  449 

PLY  DISTRICT  IN  THE   TOWN   OF   MONTAGUE   AND  TO   PRO- 
VIDE   FOR  ^SUPPLYING   THE   SAME   WITH   WATER. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  inhabitants  of  that  part  of  the  town  Lake  Pleasant 
of  Montague  designated  as  Lake  Pleasant,  in  the  county  District^"""'^ 
of  Franklin,  liable  to  taxation  in  the  town  of  Montague,  established. 
and  residing  within  the  territory  enclosed  by  the  following 
boundary  lines,  to  wit :  —  Beginning  at  a  stone  post  on  the 
Lake  Pleasant  shore,  at  the  corner  of  the  land  now  owned 
by  the  New  England  Spiritualist  Camp  Meeting  Associa- 
tion, and  the  Turners  Falls  Fire  District;  thence  running 
northeasterly  along  the  division  line  of  said  land  to  the 
public  highway  leading  from  Millers  Falls  to  Montagiie; 
thence  westerly  to  a  stone  post  five  hundred  feet  beyond 
the  public  highway  leading  from  Turners  Falls  to  ]\Ion- 
tague ;  thence  southerly,  running  parallel  along  said  public 
highway  to  the  Boston  and  Maine  railroad ;  thence  north- 
westerly along  said  railroad  to  the  lake  shore ;  thence  run- 
ning south  and  westerly  along  the  lake  shore  to  the  place  of 
beginning,  are  hereby  made  a  body  corporate  by  the  name 
of  the  Lake  Pleasant  Water  Supply  District,  for  the  pur- 
pose of  supplying  themselves  with  water  for  the  extinguish- 
ment of  fires  and  for  domestic  and  other  purposes,  with 
power  to  establish  fountains  and  hydrants,  and  to  relocate 
and  discontinue  the  same ;  to  regulate  the  use  of  such  water 
and  to  fix  and  collect  rates  to  be  paid  therefor,  and  to  take, 
or  acquire  by  lease,  purchase  or  otherwise,  and  to  hold 
property,  lands,  rights  of  way  and  easements  for  the  pur- 
pose mentioned  in  this  act,  and  to  prosecute  and  defend 
all  actions  relating  to  the  property  and  affairs  of  the  dis- 
trict. 

Section   2.      Said  water  supply  district  may  contract  May  contract 
with  the  Turners  Falls  Fire  District  for  a  supi)ly  of  water  Turners" Fails 
for  the  purposes  herein  named,  on  such  terms  and  condi-  forwater""^ 
tions  as  may  be  agreed  upon  by  said  districts,   and  said 
Turners  Falls  Fire  District  may  furnish  such  supply  of 
water  from  the  Turners  Falls  water  works:  'provided,  how-  proviso. 
ever,  that  nothing  contained  herein  shall  be  construed  to 
compel  said  fire  district  to  furnish  said  water.     Said  water  May  take 
su])ply  district,  for  the  purposes  aforesaid,  may  take,  or  Fantis^tc^ ""' 


396 


Acts,  1908.  — Chap.  449. 


Proviso. 


May  erect 
structures,  lay 
pipes,  etc. 


Description  of 
lands,  etc.,  to 
be  recorded. 


acquire  by  i)ur('liase  or  otherwise  and  hold  the  waters  of 
any  |X)nd  or  stream  within  the  town  of  J\lontag-ue  not 
already  appropriated  and  used  by  either  of  the  fire  dis- 
tricts in  said  town  for  the  purposes  of  a  public  water  sup- 
ply, or  of  any  ground  sources  of  supply,  by  means  of 
driven,  artesian  or  other  wells  within  the  limits  of  the 
said  town  not  already  so  appropriated,  and  the  water  rights 
connected  with  any  such  water  sources,  and  may  also  take, 
or  acquire  by  purchase  or  otherwise,  and  hold  all  hinds, 
riglits  of  way  and  easements  necessary  for  collecting,  stor- 
ing, holding,  purifying  and  preserving  the  purity  of  the 
water  and  for  conveying  the  same  to  any  part  of  said  dis- 
trict; provided,  however,  that  no  source  of  water  supply 
and  no  lands' necessary  for  preserving  the  quality  of  such 
water  shall  l)e  taken  or  used  without  first  obtaining  the 
advice  and  ai)proval  of  the  state  board  of  health,  and  that 
the  location  of  all  dams,  reservoirs  and  wells  to  be  used  as 
sources  of  water  supply  under  this  act  shall  be  subject  to 
the  approval  of  said  board.  Said  district  may  construct 
on  the  lands  taken  or  acquired  and  held  under  the  provi- 
sions of  this  act  pro]X'r  dams,  reservoirs,  standpipes,  tanks, 
buildings,  fixtures  and  other  structures,  and  may  make 
excavations,  procure  and  operate  machinery  and  provide 
such  other  means  and  a])i)liances  and  do  such  other  things 
as  may  be  necessary  for  the  establishment  and  maintenance 
of  complete  and  efi^ective  water  works ;  and  for  that  pur- 
pose may  construct  wells  and  reservoirs  and  establish  pump- 
ing works  and  may  construct,  lay  and  maintain  aqueducts, 
conduits,  pipes  and  other  works  under  or  over  any  land, 
water  courses,  railroads,  railways  and  public  or  other  ways, 
and  along  such  ways,  in  the  said  tovm,  in  such  manner  as 
not  unnecessarily  to  obstruct  the  same ;  and  for  the  pur- 
pose of  constructing,  laying,  maintaining,  operating  and 
repairing  such  conduits,  pipes  and  other  works,  and  for  all 
proper  jnirposes  of  this  act,  said  district  may  dig  up  or 
raise  and  end)ank  any  such  lands,  highways  or  other  ways 
in  such  manner  as  to  cause  the  least  hindrance  to  ]iublic 
travel  on  such  ways;  and  all  things  done  ^^)^)u  any  such 
way  shall  be  subject  to  the  direction  of  the  selectmen  of 
the  to^^Ti  of  Montague. 

Section   3.      Said   water   su])])ly   district   shall,   within 
ninety  days  after  acquiring  any  lands,  rights  of  way,  water 


Acts,  1908.  — Chap.  449.  397 

rights,  water  sources  or  easements  under  the  provisions  of 
this  act,  otherwise  than  by  lease  or  purchase,  tile  and  cause 
to  be  recorded  in  the  registry  of  deeds  for  the  county  of 
Franklin  a  description  thereof  sufhciently  accurate  for 
identilication,  with  a  statement  of  the  purpose  for  which 
the  same  were  taken,  signed  by  the  water  commissioners 
hereinafter  provided  for.  The  title  to  all  land  taken,  pur- 
chased or  acquired  in  any  way  under  the  provisions  of  this 
act  shall ,  vest  in  said  Lake  Pleasant  Water  Supply  Dis- 
trict, and  the  land  so  taken  may  be  managed,  improved 
and  controlled  by  the  board  of  water  commissioners  here- 
imifter  provided  for,  in  such  manner  as  they  shall  deem 
for  the  best  interest  of  said  district. 

Section  4.  Said  district  shall  pay  all  damages  to  prop-  Damages, 
erty  sustained  by  any  person  or  corporation  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water  right 
or  easement,  or  by  anything  done  by  said  district  under 
authority  of  this  act.  Any  j^erson  or  corporation  sustain- 
ing damages  as  aforesaid,  and  failing  to  agree  with  said 
district  as  to  the  amount  thereof,  may  have  the  same  de- 
termined in  the  manner  provided  by  law  in  the  case  of 
land  taken  for  the  laying  out  of  highways,  on  application 
at  any  time  within  the  period  of  two  years  after  the  taking 
of  such  land  or  other  property  or  the  doing  of  other  in- 
jury under  authority  of  this  act ;  but  no  such  application 
shall  be  made  after  the  expiration  of  said  two  years,  and 
no  application  for  assessment  of  damages  shall  be  made 
for  the  taking  of  any  water,  water  right,  or  for  any  injury 
thereto,  until  the  water  is  actually  withdrawn  or  diverted 
by  said  district  under  authority  of  this  act.  Said  district 
may  by  vote,  from  time  to  time,  determine  what  amount 
or  quantity  of  water  it  proposes  to  take  and  appropriate 
under  this  act ;  in  which  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  district  shall  be  further  liable  only  for  the 
additional  damages  caused  by  such  additional  taking. 

Section  5.     Said  district,  for  the  purpose  of  paying  the  Lake  Pleasant 
necessary  expenses  and  liabilities  incurred  under  the  pro-  DistricfLoalf. 
visions  of  this  act,  may  issue  from  time  to  time  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  twenty  thousand 
dollars.     Such  bonds,  notes  or  scrip  shall  bear  on  their 


398 


Acts,  1908.  — Chap.  449. 


Proviso. 


Payment  of 
loan. 


As.se.ssment 
and  collection 
of  ta.xes. 


Proviso, 


face  the  words,  Lake  Pleasant  \\  atci'  Siipjilv  I  )i.strict  Loan ; 
shall  be  payable  at  the  cx])irati()ii  of  ]X'rio(ls  not  exceeding 
thirty  years  from  the  dates  of  issue ;  shall  bear  interest, 
payable  senii-aimually,  at  a  i-ale  not  exceeding  five  per 
cent  per  annum;  and  shall  be  sigiunl  by  the  treasurer  of 
the  district  and  countersigned  by  the  chairman  of  the  water 
commissioners  hereinafter  provided  for.  Said  district  may 
sell  such  securities  at  ])ublic  or  ])ri\'ate  sah',  or  })ledge  the 
same  for  money  borrowed  for  the  purposes  of  this  act, 
upon  such  terms  and  conditions  as  it  may  deem  proper: 
provided,  that  such  securities  shall  not  be  sold  for  less 
than  the  par  value  thereof.  The  town  of  Montague,  at  its 
annual  to\vn  meeting  or  at  a  legal  meeting  called  for  the 
]>urj)ose,  may  guarantee  the  payment  of  such  bonds,  notes 
or  scrip. 

Section  G.  Said  district  shall,  at  the  time  of  author- 
izing said  loan,  provide  for  the  payment  thereof  in  such 
annual  proportionate  payments,  beginning  not  more  than 
five  years  after  the  first  issue  of  such  l)onds,  notes  or  scrip, 
as  will  extinguish  the  same  within  the  time  prescribed  by 
this  act ;  and  wdien  a  vote  to  that  effect  has  been  passed  a 
sum  which,  with  the  income  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  said 
bonds,  notes  or  scrip,  and  to  make  such  payments  on  the 
principal  as  may  be  required  under  the  provisions  of  this 
act,  shall  without  further  vote  be  raised  annually  by  taxa- 
tion in  the  manner  hereinafter  provided. 

Section  7.  AMienever  a  tax  is  duly  voted  by  said  dis- 
trict for  the  purposes  of  this  act,  the  clerk  shall  send  a 
certified  copy  of  the  vote  to  the  assessors  of  the  town  of 
Montague,  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  dejiosit  the  proceeds  thereof  with  the  district 
treasurer  for  the  use  and  benefit  of  said  district.  Said 
district  may  collect  overdue  interest  on  taxes  in  tlie  same 
manner  in  which  interest  is  authorized  to  he  collected  on 
town  taxe.s:  provided.,  that  said  district,  at  the  time  of 
voting  to  raise  the  tax  shall  so  determine  and  shall  also 
fix  a  time  for  payment  thereof. 


Acts,  1908.  — Chap.  U9.  399 

Section  8.  The  first  meeting  of  said  district  shall  be  First  meeting, 
called  on  petition  of  ten  or  more  legal  voters  therein,  by 
a  warrant  from  the  selectmen  of  the  town  of  llontagnc,  or 
from  a  justice  of  the  peace,  directed  to  one  of  the  petition- 
ers, rcnpiiring  him  to  give  notice  of  the  meeting  by  post- 
ing copies  of  the  warrant  in  two  or  more  pnblic  places  in 
the  district  seven  days  at  least  before  the  time  of  the  meet- 
ing. One  of  the  selectmen  shall  preside  at  the  meeting 
^^i^til  a  clerk  is  chosen  and  sworn,  and  the  clerk  shall  pre- 
side nntil  a  moderator  is  chosen.  After  the  choice  of  a 
moderator  for  said  meeting  the  qnestion  of  the  acceptance 
of  this  act  shall  be  snbmitted  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. 

Section  0.     Said  Lake  Pleasant  Water  Supply  District  Water  com- 

^      ,   .  11  •  inis.sioners, 

shall,  after  the  acceptance  of  tins  act  at  a  legal  meeting  election, 
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  succeeding  annual  district  meet- 
ing, to  constitute  a  board  of  water  commissioners ;  and  at 
every  annual  meeting  thereafter  one  such  commissioner 
shall  be  elected  by  ballot  for  the  term  of  three  years.  All 
the  authority  granted  to  said  district  by  this  act  and  not 
otherwise  specifically  provided  for  shall  be  vested  in  said 
board  of  water  commissioners,  who  shall  be  subject  how- 
ever to  such  instructions,  rules  and  regulations  as  the  dis- 
trict nuiy  impose  by  its  vote.  Said  commissioners  shall 
appoint  a  treasurer  of  said  district  who  may  be  one  of 
their  number,  who  shall  give  bonds  to  the  district  to  such 
an  amount  and  with  such  sureties  as  may  be  approved  by 
the  commissioners ;  and  the  majority  of  the  commissioners  Quorum, 
shall  constitute  a  quorum  for  the  transaction  of  business. 
Any  vacancy  occurring  in  said  board  from  any  cause  may  vacancy. 
be  filled  for  the  remainder  of  the  unexpired  term  by  said 
water  supply  district  at  any  legal  meeting  called  for  the 
purpose,  No  money  shall  be  drawn  from  the  district  treas- 
ury on  account  of  the  water  works  except  by  a  written 
order  of  said  commissioners  or  a  majority  of  them. 

Section    10.      Said    commissioners    shall    fix   just    and  To  fix  rate.s 
equitable  prices  and  rates  for  the  use  of  water,  and  shall 


400 


Acts,  1908.  — Chap.  449. 


To  make 
annual,  etc., 
report. 


Meetings. 


Penalty  for 
corruption  o 
water,  etc. 


When  to  take 
effect. 


prescribe  the  time  and  manner  of  payment.  The  income 
of  the  water  works  shall  be  a}>plied  to  defraying  all  oper- 
ating expenses,  interest  charges  and  payments  on  princi- 
pal as  they  accrue  npon  any  bonds,  notes  or  scrip  issued 
under  authority  of  this  act.  If  there  should  be  a  net  sur- 
plus remaining  after  providing  for  the  aforesaid  charges, 
it  shall  be  used  for  such  new^  construction  as  the  water 
commissioners  may  determine  upon,  and  in  case  a  surplii« 
should  remain  after  payment  for  such  new  construction  th^ 
water  rates  shall  be  reduced  proportionately.  JMo  money 
shall  be  expended  in  new  construction  by  the  water  com- 
missioners except  from  the  net  surplus  aforesaid,  unless  the 
district  appropriates  and  provides  money  therefor.  Said 
commissioners  shall  annually,  and  as  often  as  the  district 
may  require,  render  a  report  upon  the  condition  of  the 
works  under  their  charge  and  an  account  of  their  doings, 
including  an  account  of  receipts  and  expenditures. 

Section  11.  Said  district  may  adopt  by-laws  prescrib- 
ing by  whom  and  how  meetings  may  be  called  and  noti- 
fied, and,  upon  the  api)lication  of  ten  or  more  legal  voters 
in  the  district,  meetings  may  also  be  called  by  warrant  as 
provided  in  section  eight.  Said  district  may  also  choose 
such  other  officers  not  provided  for  in  this  act  as  it  may 
deem  necessary  or  proper. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  water  obtained  or  supplied  under 
this  act,  or  wilfully  or  wantonly  injures  any  reservoir, 
standpipe,  aqueduct,  pipe  or  other  property  owned  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  tint^  not  exceeding  one  hundred  dollars  or  by  impris- 
onment in  jail  for  a  term  not  exceeding  six  months. 

Section  13.  This  act  shall  Hake  effect  ui)on  its  accept- 
ance, as  provided  in  section  eight,  at  a  meeting  called  for 
the  purpose  within  three  years  after  the  passage  of  this 
act;  but  it  shall  become  void  unless  the  said  district  shall 
l)egin  to  distribute  water  to  consumers  within  two  years 
after  the  date  of  the  acceptance  of  this  act  as  aforesaid. 

Approved  April  2S,  1908. 


Acts,  1908.  — Chap.  450.  401 


An  Act  relative  to  electkic  railroad  companies.       Chf/pA50 

Be  it  enacted,  etc.,  as  follows: 

Section  seven  of  chapter  five  hundred  and  sixteen  of  the  i906,  5i6,  §  7, 
acts  of  the  year  nineteen  hundred  and  six,  as  amended  by  ^  ' 
section  two  of  chapter  four  hundred  and  twenty-eight  of 
the  acts  of  the  year  nineteen  hundred  and  seven,  is  hereby 
further  amended  by  inserting  after  the  word  ''  town  ",  in 
the  twelfth  line,  the  words :  —  except  as  hereinafter  pro- 
vided, —  and  by  adding  at  the  end  of  said  section  the 
words :  —  In  case  the  route  in  any  city  or  town,  as  fixed 
either  by  the  board  of  aldermen  or  selectmen,  or  by  the 
board  of  railroad  commissioners,  in  the  manner  hereinbe- 
fore provided,  is  different  from  the  route  designated  in 
the  application  of  the  directors,  and  in  case  said  change  of 
route  in  the  opinion  of  the  directors  makes  it  desirable  to 
change  the  route  of  said  railroad  in  any  of  the  other  cities 
or  towns  through  which  the  route  of  said  railroad  passes, 
or  in  case  in  the  opinion  of  the  directors  it  becomes  desir- 
able to  change  the  route  of  the  railroad  so  as  to  pass 
through  any  cities  or  towns  not  named  in  the  agreement 
of  association  of  said  railroad  company  or  to  change  the 
route  so  as  no  longer  to  pass  through  certain  cities  or 
towns  in  which  the  directors  have  applied  to  have  the  route 
fixed,  then  the  directors  may  at  any  time  before  the  route 
in  all  the  cities  and  towns  is  finally  fixed,  or  within  thirty 
days  thereafter,  apply  to  the  board  of  railroad  commis- 
sioners for  leave  to  apply  again  to  the  board  of  aldermen 
or  selectmen  of  any  cities  or  towns  to  fix  a  new  route  other 
than  that  originally  applied  for  within  such  cities  or  towns, 
or  to  apply  to  the  board  of  aldermen  or  selectmen  of  any 
cities  or  towns  not  named  in  the  agreement  of  association 
of  said  railroad  company  to  fix  a  route  of  the  railroad 
passing  through  such  cities  or  towns,  or  for  leave  to  aban- 
don the  route  in  any  cities  or  towns  in  which  the  directors 
have  applied,  as  aforesaid,  to  have  the  route  fixed.  With 
such  application  to  the  board  of  railroad  commissioners 
the  directors  shall  file  a  map  and  general  profile  showing 
the  change  in  the  route  as  proposed,  which  map  and  gen- 
eral profile  shall  be  in  the  same  form  as  those  filed  under 
the  provisions  of  section  five,  and  the  directors  shall  also 
furnish  such  additional  information  as  the  board  may  re- 


402  Acts,  1^)08.  — Chap.  450. 

1906,510,  §7  qiiirc.  The  board  shall  give  a  public  hearing  upon  such 
application  after  giving  such  notice  to  the  directors  and  to 
the  board  of  aldermen  or  selectmen  of  such  cities  or  towns 
as  it  may  deem  requisite.  In  case  the  board  authorizes 
the  directors  to  apjily  to  any  cities  or  towns  to  fix  a  route 
other  than  that  designated  in  the  original  application,  then 
all  proceedings  hitherto  taken  in  regard  to  fixing  the  route 
in  such  cities  or  towns  shall  become  null  and  void,  and  the 
directors  shall,  within  sixty  days  thereafter,  again  apply 
to  the  board  of  aldermen  of  such  cities  and  to  the  select- 
men of  such  towns  to  fix  anew  the  route  of  the  railroad  in 
such  cities  or  towns,  and  with  such  application  shall  file 
a  copy  of  the  maps  and  general  profile  of  such  proposed 
altered  route,  and,  upon  request,  the  other  information  pre- 
sented to  the  board  of  railroad  commissioners.  The  pro- 
ceedings thereafter  upon  such  application  shall  be  the  same 
as  those  provided  in  the  case  of  an  original  apj)lication. 
And  in  case  the  board  of  railroad  commissioners  author- 
izes the  directors  to  apply  to  any  cities  or  towns  not  named 
in  said  agreement  of  association  to  fix  a  route  of  the  rail- 
road passing  through  said  cities  or  towns,  then  the  direc- 
tors shall,  within  sixty  days  after  the  granting  of  such 
authority,  apply  to  the  board  of  aldermen  or  selectmen  of 
such  cities  or  towns  to  fix  the  route  of  the  railroad  in  such 
cities  or  towns.  Said  application  shall  be  made  in  the 
same  manner  and  the  proceedings  thereon  shall  be  the  same 
as  in  the  case  of  an  application  to  fix  the  route  of  the  rail- 
road to  the  board  of  aldermen  or  selectmen  of  a  city  or 
town  originally  named  in  the  agreement  of  association  of 
such  railroad  company.  In  case  the  board  authorizes  the 
directors  to  abandon  entirely  the  route  in  any  cities  or 
towns  in  which  the  directors  have  applied,  as  aforesaid,  to 
have  the  route  fixed,  then  any  action  taken  in  regard  to 
fixing  the  route  in  such  cities  or  towns  shall  become  null 
and  void,  and  the  railroad  company  shall  be  under  no  ob- 
ligation to  construct  its  railroad  therein.  The  order  of  the 
railroad  commissioners  authorizing  the  directors  to  apply 
for  a  route  of  the  railroad  in  any  city  or  town  not  named 
in  the  agreement  of  association  or  the  order  of  railroad 
commissioners  under  whicli  the  route  in  any  cities  or  towns 
is  abandoned,  shall  operate  as  an  amendment  to  the  clauses 
in  said  airreemcnt  of  association  which  name  the  cities  or 


Acts,  1908.  — CiiAr.  450.  403 

towns  in  which  the  railroad  is  to  be  located,  and  the  ter- 
minal thereof,  and  a  certified  copy  of  said  order  shall  be 
attached  to  the  agreement  of  association,  —  so  as  to  read 
as  follows :  —  Section  7.     If  the  route  designated  in  the  Filing  of 

1        c       1  1  1        routes  of 

application  is  agreed  to  by  the  board  of  aldermen  or  the  electric 

^/  in-  •  c     1  I'  railroads. 

selectmen,  and  all  requirements  m  respect  oi  the  part  oi 
said  route  located  longitudinally  upon  public  ways  and 
places  are  assented  to  by  the  directors,  and  thereafter  are 
approA^ed  in  writing  bj  the  board  of  railroad  commission- 
ers, the  board  of  aldermen  or  the  selectmen  shall  make  a 
certificate  setting  forth  the  route  as  fixed  by  them,  which 
shall  be  certified  by  said  board  or  their  clerk  to  the  direc- 
tors, and  no  further  proceedings  shall  be  necessary,  but 
the  route  so  agreed  to  shall  be  the  route  of  said  railroad 
in  such  city  or  town,  except  as  hereinafter  provided.  If 
the  board  of  aldermen  or  the  selectmen  agree  with  the 
directors  upon  a  route  different  from  that  designated  in 
the  application,  or  fail  within  ninety  days  after  the  date 
of  the  tiling  of  the  application  to  agree  with  the  directors 
upon  a  route,  or  as  to  requirements  in  respect  of  the  part 
of  the  route  located  longitudinally  uj^on  public  ways  and 
places  which  meet  with  the  approval  of  the  board  of  rail- 
road commissioners,  the  directors  or  the  board  of  aldermen 
or  selectmen  within  one  hundred  days  after  the  date  of 
the  filing  of  the  application  may  apply  to  the  board  of 
railroad  commissioners,  which  may,  in  its  discretion,  after 
notice  to  the  directors  and  board  of  aldermen  or  selectmen, 
and  after  public  notice  and  a  hearing,  fix  the  route  and 
determine  the  grades  and  method  of  constructing  said  rail- 
road in  such  city  or  in  such  town,  and  no  change  shall 
thereafter  be  made  by  the  directors  in  the  grades  or  method 
of  construction  so  determined  without  the  approval  in  writ- 
ing of  the  board  of  railroad  commissioners  after  notice 
to  the  board  of  aldermen  or  selectmen  and  after  public 
notice  and  a  hearing.  Said  board  shall  thereupon  make  a 
certificate  setting  forth  the  route  as  fixed  by  it,  which  route 
shall  be  certified  by  its  clerk  to  the  directors.  In  fixing 
such  route  the  board  of  railroad  commissioners  shall  not 
locate  it  longitudinally  u])on  any  public  way  or  place  in 
such  city  or  town  without  the  consent  of  the  board  of  alder- 
men of  such  city  or  the  selectmen  of  such  town.  That 
part  of  the  route  which  consists  of  a  location  longitudi- 


404 


Acts,  1908,  — Chap.  450. 


Fixing  of 
routes  of 
electric 
railroads. 


nallj  upon  a  public  way  or  place  shall  not  bo  deemed  to  be 
fixed  until  all  requirements  which  may  be  imposed  in  re- 
spect of  it  by  the  board  of  aldermen,  or  the  selectmen,  as 
the  case  may  be,  are  approved  in  writing  by  the  board  of 
railroad  commissioners.  In  case  the  route  in  any  city  or 
town,  as  fixed  either  by  the  board  of  aldermen  or  select- 
men, or  by  the  board  of  railroad  commissioners,  in  the 
manner  hereinbefore  provided,  is  different  from  the  route 
designated  in  the  application  of  the  directors,  and  in  case 
said  change  of  route  in  the  opinion  of  the  directors  makes 
it  desirable  to  change  the  route  of  said  railroad  in  any  of 
the  other  cities  or  towns  through  which  the  route  of  said 
railroad  passes,  or  in  case  in  the  opinion  of  the  directors 
it  becomes  desirable  to  change  the  route  of  the  railroad  so 
as  to  pass  through  any  cities  or  towns  not  named  in  the 
agreement  of  association  of  said  railroad  company  or  to 
change  the  route  so  as  no  longer  to  pass  through  certain 
cities  or  towns  in  which  the  directors  have  applied  to  have 
the  route  fixed,  then  the  directors  may  at  any  time  before 
the  route  in  all  the  cities  and  towns  is  finally  fixed,  or 
within  thirty  days  thereafter,  apply  to  the  board  of  rail- 
road commissioners  for  leave  to  apply  again  to  the  board 
of  aldermen  or  selectmen  of  any  cities  or  towns  to  fix  a 
new  route  other  than  that  originally  applied  for  within 
such  cities  or  towns,  or  to  apply  to  the  board  of  aldermen 
or  selectmen  of  any  cities  or  towns  not  named  in  the  agree- 
ment of  association  of  said  railroad  company  to  fix  a  route 
of  the  railroad  passing  through  such  cities  or  towns,  or  for 
leave  to  abandon  the  route  in  any  cities  or  towns  in  which 
the  directors  have  applied,  as  aforesaid,  to  have  the  route 
fixed.  With  such  application  to  the  board  of  railroad  com- 
missioners the  directors  shall  file  a  map  and  general  pro- 
file showing  the  change  in  the  route  as  proposed,  which 
map  and  general  profile  shall  be  in  the  same  form  as  those 
filed  under  the  provisions  of  section  five,  and  the  directors 
shall  also  furnish  such  additional  information  as  the  board 
may  require.  The  board  shall  give  a  public  hearing  upon 
such  application  after  giving  such  notice  to  the  directors 
and  to  the  board  of  aldermen  or  selectmen  of  such  cities  or 
towns  as  it  may  deem  requisite.  In  case  the  board  author- 
izes the  directors  to  apply  to  any  cities  or  towns  to  fix  a 
route  other  than  that  designated  in  the  original  applica- 


Acts,  1908.  — Chap.  450.  405 

tion,  then  all  proceedings  hitherto  taken  in  regard  to  fix-  fixing  of 
ing  the  ronte  in  such  cities  or  towns  shall  become  null  and  electric 
void,  and  the  directors  shall,  within  sixty  days  thereafter, 
again  apply  to  the  board  of  aldermen  of  such  cities  and  to 
the  selectmen  of  such  towns  to  fix  anew  the  route  of  the 
railroad  in  such  cities  or  towns,  and  with  such  application 
shall  file  a  copy  of  the  maps  and  general  profile  of  such 
proposed  altered  route,  and,  upon  request,  the  other  infor- 
mation presented  to  the  board  of  railroad  commissioners. 
The  proceedings  thereafter  upon  such  application  shall  be 
the  same  as  those  provided  in  the  case  of  an  original  ap- 
plication. And  in  case  the  board  of  railroad  commission- 
ers authorizes  the  directors  to  apply  to  any  cities  or  towns 
not  named  in  said  agreement  of  association  to  fix  a  route 
of  the  railroad  passing  through  said  cities  or  towns,  then 
the  directors  shall,  within  sixty  days  after  the  granting  of 
such  authority,  apply  to  the  board  of  aldermen  or  select- 
men of  such  cities  or  towns  to  fix  the  route  of  the  railroad 
in  such  cities  or  towns.  Said  application  shall  be  made  in 
the  same  manner  and  the  proceedings  thereon  shall  be  the 
same  as  in  the  case  of  an  application  to  fix  the  route  of  the 
railroad  to  the  board  of  aldermen  or  selectmen  of  a  city 
or  town  originally  named  in  the  agreement  of  association 
of  such  railroad  company.  In  case  the  board  authorizes 
the  directors  to  abandon  entirely  the  route  in  any  cities  or 
towns  in  which  the  directors  have  applied,  as  aforesaid,  to 
have  the  route  fixed,  then  any  action  taken  in  regard  to 
fixing  the  route  in  such  cities  or  towns  shall  become  null 
and  void,  and  the  railroad  company  shall  be  under  no  ob- 
ligation to  construct  its  railroad  therein.  The  order  of  the 
railroad  commissioners  authorizing  the  directors  to  apply 
for  a  route  of  the  railroad  in  any  city  or  town  not  named 
in  the  agreement  of  association  or  the  order  of  railroad 
commissioners  under  which  the  route  in  any  cities  or  towns 
is  abandoned,  shall  operate  as  an  amendment  to  the  clauses 
in  said  agreement  of  association  which  name  the  cities  or 
towns  in  which  the  railroad  is  to  be  located,  and  the  ter- 
minal thereof,  and  a  certified  copy  of  said  order  shall  be 
attached  to  the  agreement  of  association. 

Approved  April  28,  1908, 


406 


Acts,  1908.  — Chap.  451. 


1907.  178, 
aiiionded. 


Chaj).4:51  An  Act  to  autiiokize  the  town  of  Manchester  to 

TAKE   ADDITIONAL   SOUKCES    OF    WATER   SUPPLY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  clia])ter  four  hundred  and 
seventy-eiglit  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  ainende<l  by  inserting  after  the  words 
"Gravel  pond",  in  the  fourth  line,  the  words:  —  and 
Round  pond,  —  by  striking  out  the  word  ''  town  ",  in  the 
fifth  line,  and  inserting  in  ])lace  thereof  the  word :  — 
towns,  —  by  inserting  after  the  word  "  Hamilton  ",  in  the 
fifth  line,  the  words :  —  and  Manchester,  —  and  by  insert- 
ing after  the  word  "  dams  ",  in  the  twentieth  line,  the 
words :  —  for  raising  and  regulating  the  height  of  the 
waters  of  said  ponds,  and  proper,  —  so  as  to  read  as  fol- 
lows: —  Section  1.  The  town  of  Manchester,  for  the  pur- 
pose of  providing  itself  with  additional  water,  may  from 
time  to  time  take  or  acquire  b}'  purchase  or  otherwise,  and 
hold  the  waters  of  Gravel  pond  and  Kound  pond,  and  the 
waters  which  flow  into  and  from  the  same  in  the  towns  of 
Hamilton  and  Manchester  and  any  rights  connected  there- 
with. The  town  of  j\Ianchester  may  hold  and  convey  said 
waters  through  the  towns  of  Hamilton  and  Manchester  to 
one  or  more  connections  with  its  distributing  system  as 
now  or  hereafter  established  under  the  provisions  of  chap- 
ter ninety-five,  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-one,  and  may  distribute  them  through  said  sys- 
tem. Said  town  may,  in  accordance  with  the  provisions 
of  said  chapter  ninety-five,  take  or  acquire  by  purchase  or 
otherwise,  and  hold  all  lands,  rights  of  way  or  easements 
within  the  towns  of  Hamilton  or  jManchester,  necessary  or 
desirable  for  holding,  storing,  purifying  or  preserving  such 
waters  and  for  conveying  the  same  to  the  aforesaid  con- 
nections with  its  distributing  system ;  and  may  erect  on 
any  lands  thus  taken,  purchased  or  held,  proper  dams  for 
raising  and  regulating  the  hoight  of  the  waters  of  said 
ponds,  and  proper  reservoirs,  wells,  pum]>ing  stations,  fil- 
ter beds,  buihlings,  fixtures  and  other  structures,  and  may 
make  excavations,  procure  and  operate  machinery,  and  pro- 
vide such  other  means  and  appliances  as  may  be  necessary 
or  desirable  for  ])ro])erly  carrying  out  the  powers  given  in 
this  act;  and  may  cnn^^truct  and  lay  conduits,   jnpes  and 


The  town  of 
Manchester 
may  take 
certain  waters, 
etc.,  for  water 
supply 
purposes. 


Distribution  of 
water. 


May  take 
certain  lands, 
easements,  etc. 


May  erect 
structures,  lay 
pipes,  etc. 


Acts,  1908.  — Ciiap.  4.51.  407 

other  works  under  or  over  any  lands,  water  courses,  rail- 
roads, railways  or  public  or  private  ways  in  said  towns  of 
Hamilton  and  Manchester,  in  such  manner  as  not  unneces- 
sarily to  obstruct  the  same;  and  for  the-  purpose  of  con- 
structing, maintaining  and  repairing  such  conduits,  pi})es 
and  other  works  and  for  all  proper  purposes  of  this  act 
the  town  of  Manchester  may  enter  upon  and  dig  up  any 
such  lands,  water  courses,  railroads,  railways  or  public  or 
private  ways.      But   no   source  of  water  supply  shall  be  Source  of  water 
taken  under  this  act  for  domestic  purposes,   and  no  land  to  be  approved 
shall  be  taken  for  holding,  storing,  preserving  or  purify-  boardV/''^^ 
ing  such  water  without  the  approval  of  the  state  board  of 
health. 

Section  2.  Section  three  of  said  chapter  four  hun-  1907, 478,  §  3. 
dred  and  seventy-eight  is  hereby  amended  by  striking  out 
the  words  "  one  hundred  and  twenty-five  thousand  dol- 
lars ",  in  the  fourth  and  fifth  lines,  and  inserting  in  place 
thereof  the  words :  —  two  hundred  thousand  dollars,  —  so 
as  to  read  as  follows :  —  Section  3.     The  town  of  Man-  Manchester 

„  .  ,  \\  ater  Loan, 

Chester,  for  the  purpose  01  paying  the  necessary  expenses  Act  of  1907. 

and  liabilities  incurred  under  the  provisions  of  this  act, 

may  issue  from  time  to  time  bonds,  notes  or  scrip  to  an 

amount  not  exceeding  two  hundred  thousand  dollars.     Such 

bonds,  notes  or  scrip  shall  be  signed  by  the  treasurer  of 

the  town  and  countersigned  by  the  water  connnissioners, 

shall  be  denominated  on  the  face  thereof,  Manchester  Water 

Loan,  Act  of  1907;  shall  be  payable  at  the  expiration  of 

periods  not  exceeding  thirty  years  from  the  dates  .of  issue, 

and  shall  bear  such  rate  of  interest  not  exceeding  four  per 

cent  per  annum  as  the  town  may  determine.     The  town 

may  sell  such  securities  at  public  or  private  sale  or  pledge 

the  same  for  not  less  than  the  par  value  thereof,  for  money 

borrowed  for  the  purposes  aforesaid,  upon  such  terms  and 

conditions  at  it  may  deem  pro]>er,  and  shall  make  payable 

annually  a  fixed  proportion  of  the  principal  of  such  bonds, 

notes  or  scrip,  beginning  not  more  than  five  years  after 

the  date  of  issue.     At  the  time  of  issuing  said  loan  the  Payment  of 

.  loan. 

town  shall  provide  for  raising  by  taxation  the  amount 
necessary  to  meet  the  interest  and  the  proportion  of  the 
principal  which  becomes  payable  annually;  and  when  a 
vote  to  that  effect  has  been  passed  the  said  amount  shall 
be  raised  annually  by  taxation  in  the  same  manner  in 


408 


Acts,  1908.  — Chaps.  452,  453. 


which  other  taxes  are  assessed  and  collected,  without  fur- 
ther vote  or  action  by  the  town. 
^t*affeclfd*^  Section  3.  Nothing  in  this  act  shall  he  construed  to 
abolish  or  abridge  any  right  granted  to  the  town  of  Ham- 
ilton by  chapter  one  hundred  and  twenty-two  of  the  acts 
of  the  year  nineteen  hundred  and  two. 

Sectiots"  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  28,  1908. 

Cha2).4:52  An  Act  to  authorize  certain  towns  to  appropriate 

MONEY   EOR  WATERING  THEIR  PUBLIC   STREETS, 


R.  L.  25,  §  22, 
amended. 


Certain  towns 
may  appro- 
priate money 
for  watering 
streets. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-two  of  chapter  twenty-five 
of  the  Revised  Laws  is  hereby  amended  by  striking  out  the 
word  "  three  ",  in  the  first  line,  and  inserting  in  place 
thereof  the  word :  —  one,  —  and  by  inserting  after  the 
word  "  inhabitants ",  in  the  first  and  second  lines,  the 
words :  —  as  shown  by  the  last  preceding  state  census,  — 
so  as  to  read  as  follows :  —  Section  22.  A  town  contain- 
ing more  than  one  thousand  inhabitants,  as  shown  by  the 
last  preceding  state  census,  which  accepts  the  provisions 
of  this  section,  or  has  accepted  the  corres]X)udiug  provi- 
sions of  earlier  laws,  may  annually  appropriate  money  for 
watering  its  public  streets,  and  may  provide  that  its  assess- 
ors may  assess  upon  the  estates  abutting  on  the  streets  so 
watered  the  whole  or  any  portion  of  the  cost  thereof ;  and 
such  assessments,  unless  previously  paid,  shall  be  certified 
by  the  assessors  to  the  collector  of  taxes,  who  shall  include 
it  in  the  next  tax  bill  for  an  annual  tax  upon  such  estate, 
and  the  same  shall  be  a  lien  upon  such  estate,  and  shall  be 
considered  as  constituting  a  part  of  the  taxes  on  real  es- 
tate, and  be  levied,  collected  and  paid  or  abated  in  like 
manner. 

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

Approved  April  28,  1908. 


Chap.4i5'd  An  Act  to  authorize  a  division  of  sewer  assessments 

IN    CERTAIN    CASES. 

Be  it  enacted,  etc.,  as  follows: 
R.  L.  49.  §  16,        Section  1.     Section  sixteen  of  chapter  forty-nine  of  the 
amen  e  .  Revised  Laws  is  hereby  amended  by  inserting  after  the 

word  "  assessors  ",  in  the  fourth  line,  the  words:  —  board, 


Acts,  1908.  — Chap.  454.  409 

or  official  making  the  original  assessment,  except  in  the 
city  of  Boston,  —  by  striking  ont  the  word  "  shall  ",  in  the 
fifth  line,  and  inserting  in  place  thereof  the  words :  — 
may,  or,  —  and  by  inserting  after  the  word  "  thereof  ", 
in  the  eighth  line,  the  word :  —  shall,  —  so  as  to  read  as 
follows:  —  Section  16.  If  land  which  is  snbject  to  a  lien  Division  of 
for  a  sewer  assessment  is  so  divided  by  sale,  mortgage  or  assessments. 
otherwise  that  said  lien  affects  the  land  owned  in  severalty 
by  two  or  more  persons,  the  assessors,  board,  or  official 
making  the  original  assessment,  except  in  the  city  of  Bos- 
ton, at  any  time  before  proceedings  have  been  taken  to 
enforce  the  lien,  may,  or,  npon  the  written  request  of  the 
owner  in  fee  or  in  mortgage  of  a  portion  thereof,  accom- 
panied by  a  plan  sufficient  for  the  identification  of  the 
division  of  the  whole  estate,  with  the  names  of  the  differ- 
ent owners  thereof,  shall  divide  said  sewer  assessment  and 
the  costs  and  interest  accrued  thereon,  among  the  sev- 
eral parcels  into  which  said  land  has  been  divided,  assess- 
ing upon  each  parcel  the  respective  proportion  of  the 
amount  of  the  original  assessment  then  due. 

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

Approved  April  28,  1908. 

An  Act  rp:lative  to  monopolies  and  discriminations  (JJiajjA^^: 

IN  THE   SALE   OF  ARTICLES   OR   COMMODITIES   IN    COMMON 

USE. 

Be  it  enacted,  etc.,  as  foUotos: 

Section  1.     Every  contract,  agreement,  arrangement  or  Monopolies  and 
combination  in  violation  of  the  common  law  in  that  thereby  tions'in  the 
a  monopoly  in  the  manufacture,  production  or  sale  in  this  'etc^,°in'^com-^^' 
commonwealth  of  any  article  or  commodity  in  common  use  prohibited, 
is  or  may  be  created,  established  or  maintained,  or  in  that 
thereby  competition  in  this  state  in  the  supply  or  price  of 
any  such  article  or  commodity  is  or  may  be  restrained  or 
prevented,  or  in  that  thereby,  for  the  purpose  of  creating, 
establishing  or  maintaining  a  monopoly  within  this  state 
of  the  manufacture,  production  or  sale  of  any  such  article 
or  commodity,  the  free  pursuit  in  this  state  of  any  law- 
ful business,  trade  or  occupation  is  or  may  be  restrained 
or  prevented,  is  hereby  declared  to  be  against  public  policy, 
illegal  and  void. 

Section  2.     The  attorney-general,  or,  by  his  direction,  Action  may  be 
a  district  attorney,  may  bring  an  action  in  the  name  of  the  name  of  the  ^ 


410 


Acts,  1908.  — Chap.  455. 


common - 
wealtli. 


Superior  court 
to  have 
jurisdiction. 

No  person  to 
be  excused 
from  testi- 
fying, etc., 
on  certain 
grounds,  etc. 


Not  to  affect 

existing 

statutes. 


common  wealth  against  any  person,  tvnstce,  director,  man- 
ager, or  other  officer  or  agent  of  a  corporation,  or  against 
a  corporation,  to  restrain  the  doing  in  this  commonwealth 
of  any  act  herein  forbicklen  or  declared  to  be  illegal,  or 
any  act  in,  toward  or  for  the  making  or  consummation 
of  any  contract,  agreement,  arrangement  or  combination 
herein  prohibited,  wherever  the  same  may  have  been  made. 
The  superior  court  shall  have  jurisdiction  to  restrain  and 
enjoin  any  act  herein  forbidden  or  declared  to  be  illegal. 

Section  3.  In  such  action  no  person  shall  be  excused 
from  answering  any  questions  that  may  be  put  to  him,  or 
from  producing  any  books,  papers  or  documents,  on  the 
ground  that  the  testimony  or  evidence,  documentary  or 
otherwise,  required  of  him  may  tend  to  incriminate  him, 
but  no  person  shall  be  prosecuted  in  any  criminal  action 
or  proceedings,  or  subjected  to  any  penalty  or  forfeiture 
for  or  on  account  of  any  transaction,  matter  or  thing  con- 
cerning which  he  may  testify,  or  produce  evidence,  docu- 
mentary or  otherwise,  in  any  such  action. 

Section  4.  ISTothing  in  section  one  of  this  act  shall 
be  construed  as  impairing,  repealing  or  superseding  any 
statute  of  this  commonwealth. 

Approved  April  2S,  190S. 


Cha2y.4:55  An  Act  relative  to  the  state  armory  in  the  city  of 

WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  completing  the  addi- 
tion to  the  armory  for  the  militia  now  in  course  of  con- 
struction in  the  city  of  Worcester,  the  armory  commission- 
ers are  hereby  authorized  to  expend  a  sum  not  exceeding 
eighty-five  hundred  dollars. 

Section  2.  For  the  said  ]iur})ose  the  treasurer  and 
receiver  general  shall,  with  the  approval  of  the  governor 
and  council,  issue  registered  or  coupon  bonds  in  the  name 
and  behalf  of  the  commonwealth  and  under  its  seal,  for 
terms  not  exceeding  thirty  years,  with  interest  not  exceed- 
ing four  per  cent  per  annum,  payable  semi-annually  on 
the  first  days  of  March  and  September,  which  bonds  shall 
be  a  part  of  the  Armory  Loan  Bonds  authorized  by  section 
one  hundred  and  eighteen  of  chapter  four  hundred  and 


Completion  of 
armory  in  the 
city  of 
Worcester. 


Armory  Loan 
Bonds. 


Acts,  1908.  — Chap.  456.  411 

sixtv-five  of  the  acts  of  the  year  nineteen  hundred  and 
five,  as  amended  by  section  nine  of  chapter  five  hundred 
and  four  of  the  acts  of  the  year  nineteen  hundred  and  six, 
and  by  section  nine  of  chapter  five  hundred  and  twenty- 
six  of  the  acts  of  the  year  nineteen  hundred  and  seven; 
and  the  provisions  of  said  section  one  hundred  and  eight- 
een shall  apply  to  the  bonds  hereby  authorized  to  be  issued. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  2S,  1908. 

An  Act  to  authorize  the  town  of  ashland  to  supply  (JJiapA^G 

ITSELF  AND  ITS   INHABITANTS   WITH   WATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Ashland  mav  suiu)lv  itself  The  town  of 

T     .         .     1      1  .  .   ,  ^  1  .  •    1  ,        <?   Ashland  may 

and  its  inhabitants  with  water  lor  the  extinguishment  ot  supply  itself 

r.  1    c         1  •  c  •  1        i'  with  water, 

fires  and  lor  domestic,  manulacturing  and  other  purposes ;  etc. 
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. 

Section  2.     Said  town,  for  the  purposes  aforesaid,  may  May  take 
take,  or  acquire  by  purchase  or  otherwise,   and  hold  the  ^''ater^rightr^' 
waters  of  any  pond  or  stream  or  of  any  ground  sources  of  '^"^• 
supply,  by  means  of  driven,  artesian  or  other  wells  within 
the  limits  of  the  town,  and  the  water  rights  connected  with 
any  such  water  sources,  or  may  purchase  water  from  any 
individual  or  corporation ;  and  may  avail  itself  of  its  ex- 
isting rights  and  privileges  reserved  to  it  by  the  provisions 
of  chapter  one  hundred  and  seventy-seven  of  the  acts  of 
the  year  eighteen  hundred  and  seventy-two:  provided,  how-  proviso. 
ever,  that  nothing  in  this  act  shall  be  construed  as  increas- 
ing such  rights  and  privileges,  or  may  make  arrangements 
for  obtaining  water  from  the  metropolitan  water  system 
which  shall  be  satisfactory  to  the  town  and  to  the  metro- 
politan water  and  sewerage  board,  and  may  also  take,  or  May  take 
acquire  by  purchase  or  otherwise,  and  hold  all  lands,  rights  ^^^^'  ®*"' 
of  way  and  easements  necessary  for  collecting,    storing, 
holding,  purifying  and  preserving  the  purity  of  the  water 
and  for  conveying  the  same  to  any  part  of  said  town;  pro-  Provisos. 
videcl,  that  there  is  no  infringement  upon  the  existing  rights 
and  privileges  of  the  metropolitan  water  system  excepting 
as  allowed  for  above,  and  provided,  that  no  source  of  water 


412 


Acts,  1908.  — Chap.  456. 


May  erect 
structures, 
pipes,  etc. 


lay 


Description  of 
lands,  etc.,  to 
be  recorded. 


supply  and  no  lands  necessary  for  preserving  the  quality 
of  such  water,  shall  be  taken  or  used  without  first  obtain- 
ing the  advice  and  approval  of  the  state  board  of  health, 
and  that  the  location  of  all  dams,  reservoirs  and  wells  to 
be  used  as  sources  of  water  supply  under  this  act  shall  be 
subject  to  the  approval  of  said  board.  Said  town  may 
construct  on  the  lands  acquired  and  held  under  the  provi- 
sions of  this  act,  proper  dams,  reservoirs,  standpipes,  tanks, 
buildings,  fixtures  and  other  structures,  and  may  make  ex- 
cavations, procure  and  operate  machinery  and  provide  such 
other  means  and  appliances  and  do  such  other  things  as 
may  be  necessary  for  the  establishment  and  maintenance 
of  complete  and  effective  water  works;  and  for  that  pur- 
pose may  construct  wells  and  reservoirs,  and  establish 
pumping  works,  and  may  construct,  lay  and  maintain 
aqueducts,  conduits,  pipes  and  other  works  under  or  over 
any  land,  water  courses,  railroads,  railways  and  public  or 
other  ways,  and  along  such  ways  in  the  town  of  Ashland, 
in  such  manner  as  not  unnecessarily  to  obstruct  the  same; 
and  for  the  purpose  of  constructing,  laying,  maintaining, 
operating  and  repairing  such  conduits,  pipes  and  other 
works,  and  for  all  proper  purposes  of  this  act,  said  town 
may  dig  up  or  raise  and  embank  any  such  lands,  highways 
or  other  ways  in  such  manner  as  to  cause  the  least  hin- 
drance to  public  travel  on  such  ways.  Said  town  shall  not 
enter  upon,  construct  or  lay  any  conduits,  pipes  or  other 
works  within  the  location  of  a  railroad  corporation,  except 
at  such  time  and  in  such  manner  as  it  may  agree  iipon 
with  such  corporation,  or,  in  case  of  failure  so  to  agree, 
as  may  be  approved  by  the  board  of  railroad  commis- 
sioners. 

Section  3.  Said  town  shall,  within  ninety  days  after 
the  taking  or  acquiring  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  reg- 
istry of  deeds  for  the  county  and  district  within  which 
such  land  or  other  property  is  situated,  a  description 
thereof  sufficiently  accurate  for  identification,  with  a  state- 
ment of  the  purpose  for  which  the  same  were  taken,  signed 
by  the  water  commissioners  hereinafter  provided  for.  The 
title  to  all  land  taken,  purchased  or  acquired  in  any  way 
under  the  provisions  of  this  act  shall  vest  in  said  town  of 


Acts,  1908.  — Chap.  456.  413 

Ashland,  and  the  land  so  taken  or  acquired  may  be  man- 
aged, improved  and  controlled  by  the  board  of  water  com- 
missioners hereinafter  provided  for,  in  such  manner  as 
they  shall  deem  for  the  best  interest  of  said  town. 

Section  4.  Said  town  shall  pay  all  damages  to  prop-  Damages, 
erty  sustained  by  any  person  or  corporation  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water  right 
or  easement,  or  by  anything  done  by  said  town  under  au- 
thority of  this  act.  Any  person  or  corporation  sustaining 
damages  as  aforesaid,  and  failing  to  agree  with  said  town 
as  to  the  amount  thereof,  may  have  the  same  determined 
in  the  manner  provided  by  law  in  the  case  of  land  taken 
for  the  laying  out  of  highways,  on  application  at  any  time 
within  the  period  of  two  years  after  the  taking  of  such 
land  or  other  property  or  the  doing  of  other  injury  under 
authority  of  this  act ;  but  no  such  application  shall  be 
made  after  the  expiration  of  said  two  years,  and  no  appli- 
cation for  assessment  of  damages  shall  be  made  for  the 
taking  of  any  water,  water  right,  or  for  any  injury  thereto, 
until  the  water  is  actually  withdrawn  or  diverted  by  said 
town  under  authority  of  this  act.  Said  town  may  by  vote, 
from  time  to  time,  determine  what  amount  or  quantity  of 
water  it  proposes  to  take  and  appropriate  under  this  act ; 
in  which  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 
town  shall  be  further  liable  only  for  the  additional  dam- 
ages caused  by  such  additional  taking. 

Section  5.     Said  town,  for  .the  purpose  of  payinc;  the  Town  of 

1....  .  ii/o  Ashland  Water 

necessary  expenses  and  liabilities  incurred  under  the  pro-  Loan, 
visions  of  this  act,  may  issue  from  time  to  time  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  sixty  thousand 
dollars.  Such  bonds,  notes  or  scrip  shall  bear  on  their 
face  the  words.  Town  of  Ashland  Water  Loan;  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  five  per  cent  per 
annum;  and  shall  be  signed  by  the  treasurer  of  the  town 
and  countersigned  by  the  water  commissioners  hereinafter 
provided  for.  Said  town  may  sell  such  securities  at  pub- 
lic or  private  sale,  or  pledge  the  same  for  money  borrowed 
for  the  purposes  of  this  act,  upon  such  terms  and  condi- 


4U 


Acts,  1908.  — Chap.  456. 


Proviso. 


Payment  of 
loan. 


Penalty  for 
corruption  of 
water,  etc. 


Water  com- 
missioners, 
election, 
term.s,  etc. 


Quorum. 


tions  as  it  may  deem  proper:  provided,  that  such  securities 
shall  not  be  sold  for  less  than  the  par  value  thereof. 

Skction  6.  Said  town  shall,  at  the  time  of  authorizini^ 
said  loan,  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  five  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 
wdiicli,  with  the  income  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  or 
scrip  issued  as  aforesaid  by  said  town,  and  to  make  such 
j)ayments  on  the  principal  as  may  be  required  under  the 
provisions  of  this  act,  shall  without  further  vote  be  as- 
sessed by  the  assessors  of  the  town  in  each  year  thereafter, 
in  the  same  manner  in  which  other  taxes  are  assessed,  until 
the  debt  incurred  by  said  loan  is  extinguished. 

Si'XTio:^  7.  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  authority  of  this  act,  shall 
forfeit  and  pay  to  the  said  town  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^  8.  Said  town  shall,  after  its  acceptance  of 
this  act,  at  the  same  meeting,  or  at  a  subsequent  meeting 
duly  called  for  the  purpose,  elect  by  ballot  three  persons 
to  hold  office,  one  until  the  expiration  of  three  years,  one 
imtil  the  expiration  of  two  years  and  one  until  the  expira- 
tion of  one  year  from  the  next  succeeding  annual  town 
meeting,  to  constitute  a  board  of  water  commissioners ;  and 
at  each  annual  town  meeting  thereafter  one  such  commis- 
sioner shall  be  elected  by  ballot  for  the  term  of  three  years. 
All  the  authority  granted  to  the  said  town  by  this  act  and 
not  otherwise  specifically  provided  for  shall  be  vested  in 
said  water  commissioners,  who  shall  be  subject  however  to 
such  instructions,  rules  and  regulations  as  said  to^vn  may 
ini])ose  by  its  vote.  A  majority  of  said  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  business.     iVny 


Acts,  1908.  — Chap.  457.  415 

vacancy  occurring  in  said  board  from  any  cause  may  be  Vacancy, 
filled  for  the  remainder  of  the  unexpired  term  by  the  town 
at  any  legal  town  meeting  called  for  the  pur})Ose.  Any 
such  vacancy  may  be  filled  temporarily  by  a  majority  vote 
of  the  selectmen,  and  the  person  so  appointed  shall  hold 
office  until  the  town  fills  the  vacancy  in  the  manner  pro- 
vided herein. 

Section  U.     Said  commissioners  shall  fix  just  and  equi-  Jtc.^for^useof 
table  prices  and  rates  for  the  use  of  water,  and  shall  pre-  water,  etc. 
scribe  the  time  and  manner  of  payment.     The  income  of 
the  water  works  shall  be  applied  to  defraying  all  operating 
expenses,  interest  charges  and  payments  on  the  principal, 
as  they  accrue,  of  any  bonds,  notes  or  scrip  issued  under 
authority  of  this  act.     If  there  should  be  a  net  surplus 
remaining  after  providing  for  the  aforesaid  charges,  it  shall 
be  used  for  such  new  construction  as  the  water  commis- 
sioners may  determine  upon,  and  in  case  a  surplus  should 
renuiin  after  payment  for  such  new  construction,  the  water 
rates  shall  be  reduced  proportionately.     No  money  shall  be 
expended  in  new  construction  by  the  water  commissioners 
except  from  the  net  surplus  aforesaid,  unless  the  town  ap- 
propriates  and    provides   money   therefor.      Said   commis-  To  make 
sioners  shall  annually,  and  as  often  as  the  town  may  re-  e"c""'^  "^^^""^ ' 
quire,   render  a  report  upon  the  condition   of  the  works 
under  their  charge,  and  an  account  of  their  doings,  includ- 
ing an  account  of  receipts  and  expenditures. 

Section  10.  This  act  shall  take  effect  upon  its  accept-  When  to  take 
ance  by  a  majority  vote  of  the  legal  voters  of  the  town  of  '^  ^'^ ' 
Ashland  present  and  voting  thereon  at  a  legal  meeting 
called  for  the  purpose  within  three  years  after  its  passage ; 
but  the  number  of  meetings  so  called  in  any  one  year  shall 
not  exceed  three ;  and  for  the  purpose  of  being  submitted 
to  the  voters  as  aforesaid  this  act  shall  take  effect  upon  its 
passage.  Approved  April  28.  1908. 

An  Act  relative  to  the  bringing  of  actions  under  ChapA57 

THE   employers'   LIABILITY   LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  seventy-three  of  chapter  one  hun-  r.  l.  iog,  §  73. 
dred  and  six  of  the  Eevised  Laws  is  hereby  amended  by  ^'''^"'^''''■ 
adding  at  the  end  thereof  the  words :  —  If  an  action  is 


416  Acts,  1908.  — Chap.  458. 

Lronght  under  the  provisions  of  this  section  by  the  widow 
of  the  employee,  or  by  the  next  of  kin,  who  may  have  such 
right  of  action,  or  if  the  action  is  brought  under  the  pro- 
visions of  section  seventy-one  by  the  legal  representatives, 
such  action  shall  not  fail  by  reason  of  the  fact  that  it 
should  have  been  brought  under  the  other  section,  but  may 
be  amended  so  as  to  provide  against  such  failure  at  any 
time  prior  to  final  judgment,  —  so  as  to  read  as  follows: 
&ii?rin^  —  Section  73.  If,  as  the  result  of  the  negligence  of  an 
w  ne  Vgen*c'e  cmploycr  himsclf,  or  of  a  person  for  whose  negligence  an 
employer  is  liable  under  the  provisions  of  section  seventy- 
one,  an  employee  is  instantly  killed,  or  dies  without  con- 
scious suifering,  his  widow  or,  if  he  leaves  no  Avidow,  his 
next  of  kin,  who,  at  the  time  of  his  death,  were  dependent 
upon  his  wages  for  support,  shall  have  a  right  of  action 
for  damages  against  the  employer.  If  an  action  is  brought 
under  the  provisions  of  this  section  by  the  widow  of  the 
employee,  or  by  the  next  of  kin,  who  may  have  such  right 
of  action,  or  if  the  action  is  brought  under  the  provisions 
of  section  seventy-one  by  the  legal  representatives,  such 
action  shall  not  fail  by  reason  of  the  fact  that  it  should 
have  been  brought  under  the  other  section,  but  may  be 
amended  so  as  to  ]irovide  against  such  failure  at  any  time 
prior  to  final  judgment. 

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

Approved  April  28,  1908. 

ChcipAoS  An  Act  to  provide  for  additional  clerical  assistance 

IN   THE   BOSTON    JUVENILE   COURT. 

Br  it  enacted,  etc.,  as  follovs-: 
Clerical  Section  1.     The  Bostou  iuvenilo  court  shall  be  allowed 

assistance  in  ■'.  •  i  i        i      i    n  r 

the  Boston  annuallv  a  sum  not  exceeding  nine  hundred  dollars  tor 
clerical  assistance  to  the  justice,  clerk  and  probation  offi- 
cers upon  the  certificate  of  the  justice  stating  that  the 
work  was  actually  performed  and  was  necessary,  and  also 
stating  the  time  occupied  in  its  performance  and  the  names 
of  the  persons  by  whom  it  was  performed.  Payment  shall 
be  made  monthly  to  the  persons  so  employed. 

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

Approved  April  28,  1908. 


juvenile  court. 


Acts,  1908.  —  Chaps.  459,  4(30.  417 


An  Act  relative  to  the  annuae  kepokt  of  the  trus-  ChapA59 

TEES  OF  THE  MASSACHUSETTS  AGRICULTURAL  COLLEGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  annual  report  of  the  trustees  of  the  Trustees  of  the 
Massachusetts  Agricnltnral  College  mav  be  printed  in  four  yCnTjuiturai  "^ 
parts,   namely,   part   one   to   consist   of  the   report   of  the  report?"^"""^ 
president  ancl  other  officers,  part  two  to  consist  of  the  cata-  et""^'"^  ° ' 
logne  of  the  college,  part  three  to  consist  of  the  general 
report  of  the  experiment  station,  and  part  four  to  consist 
of  the  detailed  report  of  the  experiment  station. 

Section  2.  Of  "part  one  there  may  be  printed  three  Number  of 
thousand  copies,  of  which  two  thousand  copies  may  be  for  printed. 
the  nse  of  the  trustees  of  said  college ;  of  part  two  there 
may  be  printed  six  thousand  copies  for  the  use  of  the  said 
trustees ;  of  part  three  there  may  be  printed  sixteen  thou- 
sand copies  for  the  use  of  the  said  trustees ;  and  of  part 
four  there  may  l)e  printed  twenty  thousand  copies,  four 
thousand  co])ies  of  which  may  be  for  the  use  of  the  said 
trustees,  and  fifteen  thousand  copies  may  be  bound  with 
the  report  of  the  secretary  of  the  state  board  of  agricul- 
ture. 

Section  3.  So  much  of  section  seven  of  chapter  nine  Repeal, 
of  the  Revised  Laws  as  provides  for  ])rinting  the  report  of 
the  trustees  of  the  Massachusetts  Agricultural  College  and 
of  the  Hatch  experiment  station  of  said  college,  and  so 
much  of  said  chapter  as  is  inconsistent  wdth  this  act,  is 
hereby  repealed. 

Section  4.     This  act  shall  take  effect  on  the  first  day  when  to  take 
of  December  in  the  year  nineteen  hundred  and  eight. 

Approved  April  28,  1908. 

An  Act  relative  to  free  scholarships  at  the  mas-  nj^ffy.  4(J0 

SACIIUSETTS  agricultural  COLLEGE  ANT)  TO  ANNUAL 
PAYMENTS  TO  BE  MADE  TO  THE  COLLEGE  BY  THE  COM- 
MONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     One  hundred  and  twenty  free  scholarships  Massachusetts 
are  hereby  established   at  the  Massachusetts  Agricultural  coiiS.'frei 
College,  to  be  given  by  appointment  to  persons  in  this  estabiiSled? 


418  Acts,  1908.  — Chap.  160. 

commonwealth,  after  a  competitive  examination  nnder  rules 
prescribed  bj  the  president  of  the  college,  at  such  time  and 
place  as  the  senator  then  in  office  from  each  district  shall 
desigTiate ;  and  the  said  scholarships  shall  be  assigned 
equally  to  each  senatorial  district ;  but  if  there  shall  be  less 
than  two  successful  applicants  for  scholarships  from  any 
senatorial  district,  such  scholarships  may  be  distributed  by 
the  president  of  the  college  equally  among  the  other  dis- 
tricts, as  nearly  as  possible.  Xo  applicant  shall  be  en- 
titled to  a  scholarship  unless  he  shall  pass  the  examination 
aforesaid. 
priiiHons  for  Sectiox   2.     The  suuis  hereinafter  mentioned  shall  be 

ships^'^et'c'"^  paid  annually  from  the  treasury  of  the  commonwealth  in 
equal  quarterly  instalments,  on  the  first  days  of  December, 
March,  June  and  September,  to  the  treasurer  of  the  Mas- 
sachusetts Agricultural  College  for  the  purposes  specified, 
to  wit :  —  For  providing  one  hundred  and  twenty  free 
scholarships,  the  sum  of  fifteen  thousand  dollars ;  for  pro- 
viding 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  thirty  thousand  dollars ; 
for  the  further  maintenance  of  the  college,  the  sum  of 
twelve  thousand  dollars,  of  which  five  thousand  dollars  a 
year  shall  be  used  as  a  labor  fund  for  the  assistance  of 
needy  students ;  for  short  courses  in  agriculture,  a  sum  not 
exceeding  five  thousand  dollars ;  for  a  normal  department 
at  said  college  for  the  purpose  of  giving  instruction  in  the 
elements  of  agriculture  to  persons  desiring  to  teach  such 
elements  in  the  public  schools  of  the  commonwealth,  the 
sum  of  five  thousand  dollars ;  for  maintaining  the  veter- 
inary laboratory,  the  sum  of  one  thousand  dollars;  for 
maintaining  the  agricultural  experiment  station,  the  sum 
of  ten  thousand  five  hundred  dolhirs;  for  the  expense  of 
making  the  analysis  and  carrying  out  the  regulations  rela- 
tive to  commercial  feed  stuffs,  the  sum  of  three  thousand 
dollars;  for  maintaining  the  heating  and  lighting  plant, 
the  sum  of  five  hundred  dollars;  and  for  maintaining  the 
dining  ball,  th(>  sum  of  five  hundr(Ml  ddllars. 
Accounts  to  he       Skction  '3.     The  books  and  accounts  of  the  college  and 

audited,  etc.  .  .  i      n    i        i  i  i     '     t 

of  the  exy)eriment  station,  shall  l)e  ke])t  under  the  direc- 
tion of  the  iindilor  of  llie  commonwealth  who  shall  audit 
the  cxiiciKlilnrcs  mid  reccijits  at  least  twice  a  year  and  as 
much  (d'tciier  as  in  his  judgment  may  be  necessary. 


Acts,  1908.  — Chap.  461.  419 

Section  4.     Chapter  four  hundred  and  fourteen  of  the  Repeal, 
acts  of  the  year  nineteen  hundred  and  four  and  all  acts 
and  23arts  of  acts  inconsistent  with  this  act  are  hereby  re- 
pealed. 

Section  5.     This  act  so  far  as  any  increase  in  amounts  when  to  take 

'  effect 

is  concerned  shall  take  effect  on  the  first  day  of  December, 
nineteen  hundred  and  eight,  in  all  other  respects  upon  its 
passage.  Approved  April  28,  1908. 

An  Act  relative  to  the  publication  of  official  bal-  ChanAQX 

LOTS   for  state  AND   CITY  ELECTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  five  hundred  and  sixty  of  the  acts  of  the  year  i907  560, 
nineteen  hundred  and  seven  is  hereby  amended  by  striking  amended. 
out  section  two  hundred  and  forty-one  and  inserting  in 
place  thereof  the  following:  —  Section  2Jfl.     The  secretary  Lists  of 

„    I  Til/-  I'Tii  '     candidates, 

01  the  commonwealth  before  every  state  election  sfiall  cause  etc.,  state  and 
to  be  published  a  list  of  all  candidates  to  be  voted  for  in  to  be  pubUshe'd. 
each  senatorial  district,  except  in  the  county  of  Suffolk, 
and  the  question  of  the  approval  and  ratification  of  any 
proposed  amendment  to  the  constitution,  and  the  city  clerks, 
in  Boston  the  election  commissioners,  before  every  city 
election  shall  cause  to  be  published  a  list  of  all  candidates 
to  be  voted  for  in  their  respective  cities.  Such  lists  and 
questions  shall  be  in  the  form,  as  near  as  may  be,  in  which 
they  are  to  appear  upon  the  official  ballot,  and  said  pub- 
lication shall  be  made  for  state  elections  in  each  senatorial 
district  in  at  least  four  newspapers  in  the  English  language, 
if  there  are  so  many  in  that  district,  except  in  the  county 
of  Suffolk,  and  in  the  county  of  Suffolk  such  publica- 
tion shall  be  made  in  at  least  four  newspapers  in  the 
English  language  published  therein.  Such  publication,  so 
far  as  is  practicable,  shall  be  in  newspapers  represent- 
ing the  two  leading  political  parties,  and  at  such  reason- 
able cost  as  may  be  determined  by  the  secretary  of  the 
commonwealth.  For  city  elections  such  publication  shall 
be  made  in  at  least  two  newspapers  representing  the  two 
leading  political  parties,  if  there  are  so  many  in  the  city, 
devoted  wholly  or  chiefly  to  the  publication  of  general  or 
local  news.  Approved  April  28,  1908. 


420 


Acts,  1908.  — Chap.  462. 


R.  L.  107 
aiuemled. 


Duties  and 
powers  of 
bureau  of 
statistics  of 
labor. 


ChcfpA(j2  An  Act  relative  to  the  publications  of  the  bureau 

OF    STATISTICS    OF    LABOR. 

Be  it  cnacied,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  seven  of  the  Re- 
vised Laws  is  hereby  amended  by  striking  out  section  two 
and  inserting  in  place  thereof  the  following:  —  Section  2. 
It  shall  be  the  duty  of  the  bureau  to  collect,  assort,  ar- 
range, and  issue  from  time  to  time  reports  embodying  sta- 
tistical information  relative  to  the  commercial,  industrial, 
social,  educational,  and  sanitary  condition  of  the  people, 
and  to  the  permanent  prosperity  of  the  productive  indus- 
tries of  the  commonwealth.  It  may  also  distribute  at  such 
regular  intervals  as  it  deems  advisable  a  bulletin  in  rela- 
tion to  industrial  or  social  matters.  It  may  send  for  per- 
sons and  papers,  and  examine  witnesses  under  oath ;  and 
such  witnesses  shall  be  summoned  in  the  same  manner  and 
be  paid  the  same  fees  as  witnesses  before  the  sui^erior 
court. 

Section  2.  The  chief  of  the  bureau  of  statistics  of 
labor  shall  annually,  on  or  before  the  third  Wednesday  in 
January,  make  a  report  to  the  general  court  summarizing 
the  work  of  the  bureau  during  the  preceding  year,  and 
shall  make  therein  such  recommendations  as  he  may  deem 
proper.  To  this  report  there  shall  be  appended  a  report 
or  reports  embodying  such  statistical  and  other  informa- 
tion regarding  labor  as  may  be  gathered  by  the  bureau  for 
annual  presentation.  These  reports  may  be  issued  sepa- 
rately in  parts  in  the  discretion  of  the  chief  of  the  Inireau 
and  shall,  when  bound  together,  constitute  the  aimual  re- 
port of  the  chief  of  the  bureau  of  statistics  of  labor. 

Section  3.  Chapter  four  hundred  and  ton  of  the  acts 
of  the  year  nineteen  hundred  and  four  is  hereby  amended 
by  striking  out  the  second  paragraph  and  inserting  in 
place  thereof  the  words :  —  By  striking  out  lines  seventy- 
nine  to  ninety,  both  inclusive,  and  inserting  in  place  thereof 
the  words:  —  Of  the  chief  of  the  bureau  of  statistics  of 
lal)or,  three  thousand  copies,  of  which  two  thousand  may 
be  bound  in  cloth  and  shall  be  for  the  use  of  the  bureau ; 
of  the  report  on  manufactures,  three  thousand  two  hun- 
dred and  fifty  copies,  of  which  two  thousand  two  hundred 


Chief  of  bureau 
to  make  annual 
report,  etc. 


1904.  410, 
amended. 


Report  of 
chief  of  bureau 
of  statistics  of 
labor. 


Acts,  1908.  — Chap.  463.  421 

and  fifty  shall  be  for  the  use  of  the  bureau  and  of  which 
there  may  be  bound  in  cloth  such  number  as  the  secretary 
of  the  commonwealth  may  deem  proper. 

Section  4.     Of  the  compilation  and  tabulation  required  receiins^Ld 
by  section  two  of  chapter  two  hundred  and  ninety-six  of  of^ci"tierand^ 
the  acts  of  the  year  nineteen  hundred  and  six  to  be  made  t^^wns,  etc. 
by  the  chief  of  the  said  bureau,  the  secretary  of  the  com- 
monwealth   shall    cause    to    l)e    printed,    separately,    three 
thousand  five  hundred  copies,  of  which  at  least  twenty-five 
hundred  may  be  bound  in  cloth,  for  the  use  of  the  bureau. 

Section  5.     The  chief  of  the  said  bureau  shall  annu-  chief  of 
ally,  on  or  before  the  third  Wednesday  in  January,  make  make  annual 
a  report  to  the  general  court  covering  the  work  of  the  free  of 'free  em^""^ 
employment  offices,  established  in  accordance  with  chapter  otficesfetc. 
four  hundred  and  thirty-five  of  the  acts  of  the  year  nine- 
teen hundred  and  six.     The  secretary  of  the  commonwealth 
shall  cause  to  be  printed  of  said  report,  three  thousand  two 
hundred  and  fifty  copies,  of  which  two  thousand  two  hun- 
dred and  fifty  shall  be  for  the  use  of  the  bureau. 

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

Approved  April  28,  1008. 

An  Act  to  authorize  certain  fraternae  beneficiary  (JJkij)  4(53 
corporations   to   make   contracts   of   reinsurance 

AND  transfer. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eleven  of  chapter  one  hundred  and  RLiip,  §11, 

-._^,.  .IT  1T1  11     ainenueu. 

nineteen  of  the  Kevised  Laws  is  hereby  amended  by  add- 
ing thereto  the  words :  —  A  corporation  which  is  subject  Certain 
to  the  provisions  of  this  chapter  and  limits  its  memljer-  beneficiary 
shi]i  to  a  particular  order,  class  or  fraternity,  and  is  en-  may  make 
gaged  in  the  business  of  accident   and   health  insurance,  of "elnsumnce 
and   now  pays  natural   death   benefits   not  exceeding  one  ^'"^  transfer, 
hundred  dollars,  may  reinsure  with  or  transfer  its  mem- 
bersliip,  certificates  and  funds  to  any  stock  insurance  cor- 
poration which  is  organized  under  the  laws  of  this  common- 
wealth to  do  the  business  of  accident  and  health  insurance. 

The  contract  of  reinsurance  and  transfer  shall  first  be  Contract  of 
approved  by  a  two  thirds  vote  of  the  certificate  holders  of  IndTrWer 
the   reinsured   corporation    present   at   meetings   called   to  t^J^"  approved, 
consider  the  same,  of  which  notice  shall  be  mailed  to  each 


422 


Acts,  1908.  — Chap.  463. 


Reinsuring 
corporation  to 
be  entitled  to 
assets  and 
shall  assume 
liabilities  of 
reinsured 
corporations, 
etc. 


Proviso. 


certificate  holder  at  least  thirty  days  before  the  day  fixed 
for  the  meeting.  If  the  vote  is  in  the  athrniative  a  certi- 
fied copy  of  all  proceedings  relating  to  the  proposed  rein- 
surance shall  be  filed  with  the  insurance  commissioner, 
who,  if  he  finds  that  the  proceedings  have  been  in  accord- 
ance with  law,  shall  thereupon  a])prove  an  order  for  the 
transfer  of  the  emergency  fund  to  the  reinsuring  corpora- 
tion, and  the  treasurer  and  receiver  general  shall  there- 
upon pay  over  the  emergency  fund  to  the  reinsuring  cor- 
poration. 

The  reinsuring  corporation  shall  be  entitled  to  all  the 
assets  of  the  reinsured  corporation  and  shall  assume  all  its 
]ial)ilities.  All  the  certificates  in  force  at  the  date  of  trans- 
fer shall  continue  in  full  force  and  effect  and  shall  be  con- 
strued according  to  the  provisions  of  law  under  which  they 
were  issued,  except  that  the  policy  or  certificate  holder 
shall  not  be  liable  to  any  extra  assessment:  provided,  liow- 
ever,  that  the  rates  for  benefits  for  death  from  natural 
causes  may  from  time  to  time  be  raised  if  the  experience 
of  the  company  shows  it  to  be  necessary.  Any  defenses  or 
evidence  relative  to  such  policies  or  certificates  open  under 
such  provisions  shall  constitute  a  defense  and  .shall  be  re- 
ceived as  evidence  in  any  controversy  between  the  parties 
to  or  interested  in  such  policies  or  certificates.  All  the 
surplus  of  the  reinsured  corporation  at  the  date  of  transfer, 
after  deducting  from  the  admitted  assets  all  los.ses  and 
claims  for  losses  and  all  other  liabilities  including  the  un- 
earned ])ortion  of  the  ]u-emiums  on  ]X)licies  in  force,  or  the 
amount  of  the  death  fund  of  the  reinsured  cor])oration  at 
th<'  (]ate  of  transfer,  whichever  is  the  larger,  shall  be  held 
by  the  reinsuring  cor])()rati()n  as  a  separate  fund,  and, 
t()g(4hei-  with  all  natui'al  deatli  benefit  assessments  or  ])i'e- 
miums,  shall  be  used  only  for  the  payment  of  tlie  natural 
death  benefits  payable  under  the  certificates  assumed  by 
the  reinsuring  corporation,  .so  long  as  any  contracts  pro- 
vidi]ig  such  benefits  remain  in  force. 

Section  2.     This  act  shall  take  effect  upon  its  ])assage. 

Approved  April  28,  1908. 


Acts,  1908.  — Chaps.  464,  465.  423 


An  Act  to  exempt  from  taxation  future  issues  of  CJiapAQ4: 

MUNICIPAL    AND     COUNTY     BONDS,     NOTES     AND     CERTIFI- 
CATES  OP  INDEBTEDNESS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Bonds,  notes  and  certificates  of  indebted-  ^l^^^hT^^' 
ness  of  any  county,  city  or  town  in  the  commonwealth  taxSlfon.'e?^. 
which  may  be  issued  on  or  after  the  first  day  of  May  in 
the  year  nineteen  hundred  and  eight  shall  be  exempt  from 
taxation  for  state,  county,  city  or  town  purposes.  Such 
bonds,  notes  and  certificates  of  indebtedness  shall  state 
upon  their  face  that  they  are  exempt  from  taxation  in 
Massachusetts,  and,  unless  they  so  state,  shall  not  be  ex- 
empt. 

Section  2.     So  much  of  the  deposits  of  savings  banks  Certain^ 
and  institutions  for  savings  as  is  invested  in  the  bonds,  savings  banks, 
notes  or  certificates  of  indebtedness   described   in  section  exempt  from 
one  of  this  act  shall  be  exempt  from  taxation. 

Section  3.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal, 
with  are  hereby  repealed. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  28,  1908. 

An  Act  relative  to  the  probation  service.  ChapA65 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  chief  iustice  of  the  superior  court  shall  commission  on 

„  ''  c        1  1         •  •  Probation, 

appoint  five  persons,  one  or  more  oi  whom  may  be  justices  ai^pointment, 
of  the  courts,  to  be  a   Commission  on  Probation.     Their 
terms  of  ofiiee  shall  be  so  designated  at  the  time  of  ajipoint- 
mcnt  that  the  term  of  one  member  shall  expire  on  the  sec- 
ond Wednesday  of  July  in  each  of  the  five  years  follow- 
ing; and  in  each  year  hereafter  the  said  chief  justice  shall 
in  like  manner  appoint  one  member  for  a   term   of  five 
years.     A  vacancy  in  the  commission  shall  be  filled  in  the  vacancy, 
same  manner  for  the  unexpired  term.     Any  member  of  the 
commission  may  be  removed  by  the  chief  justice.      The  Deputy  com- 
commission  shall  appoint  a  deputy  commissioner,  who  shall  appoTntm'ent, 
be   its   executive   officer   and    shall   hold    office   during   its  ^*°' 
pleasure.     He  shall  perform  such  duties  as  may  be  required 
of  him  by  the  commission ;  and  shall  receive  such  salary  as 


424 


Acts,  1908.  — Chap.  465. 


Powers  and 
duties. 


Detailed 
reports  to  be 
ina<le  of  the 
probation 
work,  etc. 


it  shall  determine.  The  commission  shall  he  provided  with 
suitable  office  accommodations,  in  the  Suffolk  county  court 
house  or  elsewhere,  and  may  employ  such  assistance  as  is 
needed  to  perform  its  work.  The  members  of  the  com- 
mission shall  receive  no  compensation  for  services  here- 
under, but  they  and  the  deputy  commissioner  shall  be  al- 
lowed the  necessary  expenses  incurred  in  the  performance 
of  their  official  duties.  The  exjx'nse  incurred  under  this 
section  shall  not  exceed  five  thousand  dollars  in  any  one 
year,  and  shall  be  paid  from  the  treasury  of  the  common- 
wealth, and  the  bills  therefor  shall  be  approved  and  paid 
in  the  same  manner  in  which  other  bills  against  the  com- 
monwealth are  approved  and  paid. 

SECTiOiSr  2.  The  commission  shall  prescribe  the  form  of 
all  records  and  of  all  rei)orts  from  probation  officers,  and 
shall  make  rules  for  the  registration  of  reports  and  for  the 
exchange  of  information  between  the  courts.  It  shall  pro- 
vide for  such  organization  and  co-operation  of  the  proba- 
tion officers  in  the  several  courts  as  may  seem  advisable. 
To  promote  co-ordination  in  the  probation  work  of  the 
courts,  the  commission  may  call  a  conference  of  any  or  all 
of  the  justices  of  the  municipal,  police  and  district  courts 
and  the  Boston  juvenile  court,  or  a  conference  of  any  or 
all  of  the  probation  officers  and  assistant  probation  officers ; 
and  a  member  of  the  commission  shall  preside  over  all  such 
conferences.  With  the  approval  of  the  commission  the 
prison  commissioners,  or  the  state  board  of  charity,  may 
hold  a  conference  with  any  or  all  of  the  probation  officers 
for  the  purpose  of  securing  the  co-operation  of  such  officers 
in  keeping  trace  of  the  whereabouts  of  persons  who  are  at 
liberty  from  the  prisons  of  the  commonwealth.  The  travel- 
ling expenses  of  said  justices  or  officers  in  attending  any 
conference  herein  named,  shall  be  paid  as  the  other  ex- 
penses of  the  respective  courts  are  paid. 

Sectiox  3.  Every  probation  officer,  except  where  there 
is  more  than  one  probation  officer  in  any  court,  then  the 
senior  probation  officer,  shall  transmit  to  the  commission 
in  such  form  and  at  such  times  as  it  shall  require,  detailed 
reports  regarding  the  work  of  probation  in  the  court;  and 
under  the  direction  of  the  commission  a  record  shall  be 
kept  of  all  such  cases  as  the  commission  nuiy  recpiire  for 
the  information  of  the  justices  and  probation  officers.     It 


Acts,  1908.  — Chap.  ^^65.  425 


shall  be  tlie  duty  of  police  officials  to  co-operate  with  the 
commission  and  the  probation  officers  in  obtaining  and  re- 
porting information  concerning  persons  on  probation.  The 
information  so  obtained  and  recorded  shall  be  accessible  at 
all  times  to  the  jnstices  and  officers  of  the  conrts,  to  the 
police  commissioner  of  the  city  of  Boston,  and  to  all  chiefs 
of  police  and  city  marshals.  The  prison  commissioners 
and  the  state  board  of  charity  shall  at  all  times  give  to  the 
commission  and  the  probation  officers  sncli  information  as 
may  be  obtained  from  the  records  concerning  prisoners 
under  sentence  or  who  have  been  released. 

Section  4.  In  the  first  week  of  Jannary  annually  the  Annual  report, 
commission  shall  transmit  to  the  general  court  a  report  of 
the  probation  work  of  the  courts  f(n'  the  year  ending  on 
the  thirtieth  daj^  of  September  preceding.  The  report 
shall  include  such  information  as  the  commission  may  con- 
sider to  be  useful,  with  any  suggestions  or  recommenda- 
tions that  it  desires  to  make.  Five  hundred  copies  of  the 
report  shall  be  printed  for  the  special  use  of  the  commis- 
sion. 

Section  5.     The  provisions  of  this  act  shall  not  affect  Not  to  affect 

1  i-ci  •  1        1  •  1  1      •      certain  author- 

the  authority  oi  the  courts  to  require  the  keeping  by  their  ity  of  tiie 

.  .  .  I        o      i/  courts. 

probation  officers  of  probation  records  in  addition  to  those 
necessary  in  order  to  conform  to  forms  of  records  and 
reports  preseril)ed  l)y  the  commission.  The  authority  of 
the  courts  to  approve  expenses  and  disbursements  relating 
to  the  probation  system  shall  not  be  affected  by  any  pro- 
vision of  this  act. 

Section  6.  Sections  eighty-five  to  ninety,  both  inclu-  Repeal, 
sive,  of  chapter  two  hundred  and  seventeen  of  the  Revised 
Laws,  and  all  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed.  But  nothing  herein  shall  be  construed 
to  repeal  or  affect  the  provisions  of  chapter  four  hundred 
and  thirteen  of  the  acts  of  the  year  nineteen  hundred  and 
six. 

Section  Y.     The  first  section  of  this  act  shall  take  effect  When  to  take 
on  the  first  day  of  July,  and  all  the  other  sections  on  the 
first  day  of  October,   in  the  year  nineteen  hundred  and 
eight.  Approved  April  2S,  1908. 


426 


Acts,  1908.  — CiiAr.  4GG. 


TakinK  of 
water  from 
Farm  poiul 
regulated. 


Sanitary  con- 
dition of  pond, 
etc. 


ChapAGi)  An  Act  kki.ative  to  fakm  pond  in  tiik  town  of  siier- 

JJOK.X. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  On  and  after  tlio  first  day  of  Jannarv  in 
the  year  nineteen  Inindred  and  leii,  water  shall  not  he 
drawn  from  Farm  pond,  in  the  town  of  Sherhorn,  so  as  to 
canse  the  level  thereof  to  be  more  than  four  feet  below 
average  natural  higb-water  mark. 

Section  2.  Water  shall  not  be  drawn  from  said  pond 
so  as  to  canse  the  level  thereof  to  be  more  than  two  feet 
below  average  natural  high-water  mark  on  the  first  day  of 
every  May,  beginning  with  the  first  day  of  ^lay,  nineteen 
hnndred  and  twelve. 

Section  3.  The  shores,  bottom  and  ontlet  of  said  pond 
shall  be  kept  in  as  good  sanitary  condition  as  wonld  obtain 
with  the  water  at  its  natnral  levels.  The  expense  of  main- 
taining said  shores,  bottom  and  ontlet  in  sncli  condition 
shall  be  borne  by  those  authorized  to  take  water  from  said 
pond,  in  proportion  to  the  amonnt  of  water  drawn  by  each, 
if  more  than  one  is  so  authorized. 

Section  4.  Snch  parts  of  the  bottom  of  Farm  pond  as 
may  be  above  any  artificial  low-water  mark  created  by  the 
water  being  drawn  from  said  pond  within  the  limit  speci- 
fied in  section  one  of  this  act  shall,  so  far  as  owned  by  the 
commonwealth,  become  the  property  of  tlie  o\^niers  of  the 
adjoining  njdand,  subject  to  the  right  of  the  commonwealth 
to  flow,  or  authorize  the  flowage  of,  the  property  of  the 
owners  of  the  upland  to  the  natural  high-water  mark  only. 

Section  5.  Average  high  water  is  hereby  established  as 
being  twenty  inches  below  the  present  elevation  of  the  top 
of  a  stone  bound  sitimted  on  the  easterly  side  of  said  Farm 
pond,  at  Clover  ISTook  grove,  so-called,  about  tw^o  hundred 
and  forty  feet  easterly  of  the  artificial  outlet  of  said  pond, 
and  about  two  hundred  feet  northerly  of  the  centre  of  a 
high  knoll.  Said  l)ound  is  at  the  westerly  extremit}--  of  a 
line  running  north,  thirty-seven  degrees  nine  minutes  west, 
one  hundred  thirty-nine  and  fifty-seven  one  hundredths  feet 
long,  as  described  in  an  instrument  of  taking  of  the  waters 
of  Farm  pond,  Sherborn,  l)y  the  trustees  of  the  Medfield 
insane  asylum,  under  authority  of  cha])ter  two  hundred 
and  fiftv-one  of  the  acts  of  the  vcar  eighteen  hundred  and 


Certain  parts 
of  Farm  pond 
to  become 
property  of 
adjoining 
owners,  etc. 


Average  liigli 
water  estab- 
lished, etc. 


Acts,  1908.  — Chaps.  467,  468.  427 

ninety-seven,  as  amended  by  chapter  four  hundred  and 
seventy-seven  of  the  acts  of  the  same  year,  recorded  in  the 
Middlesex  south  district  registry  of  deeds,  book  2579,  page 
591,  and  dated  July  eighth,  eighteen  hundred  and  ninety- 
seven.  Said  line  is  the  seventeenth  line  mentioned  in  the 
fifth  paragraph  of  said  taking.  Said  bound  is  shown  on 
the  plan  of  said  taking,  recorded  in  said  registry,  plan  book 
105,  plan  9. 

Section  6.     The  harbor  and  land  commissioners  shall  hi|ir''°"  ° 


water  to 


within  one  year  after  the  passage  of  this  act  fix  the  eleva-  recordedretc. 
tion  of  high  water  in  the  said  Farm  pond  as  herein  estab- 
lished with  reference  to  some  suitable  permanent  base,  and 
shall  record  the  same  in  the  registry  of  deeds  of  the  Mid- 
dlesex south  district.  A  copy  of  the  document  so  recorded 
shall  be  filed  with  the  trustees  of  the  Medfield  insane  asy- 
lum and  with  the  state  board  of  health. 

Sectiox  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  28,  1908. 

An  Act  to  rec4Ulate  the  use  of  automobiles  in  the  QhapAiyi 

COUNTY   OF  NANTUCKET. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     So  much  of  section  one  of  chapter  three  certain  pro- 
hundred   and  sixty-six   of  the   acts  of  the  year   nineteen  not°to^a°ppiy 
hundred  and  five,  as  amended  by  section  nine  of  chajitor  cou^ty,*etc.''^ 
four  hundred  and  twelve  of  the  acts  of  the  year  nineteen 
hundred  and  six,  as  authorizes  the  filing  of  a  protest  with 
the  Massachusetts  highway  commission,  shall  not  apply  to 
the  county  of  Nantucket  from  the  fifteenth  day  of  June 
to  the  fifteenth  day  of  September  in  each  calendar  year. 

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

Approved  April  29,  1908. 

An    Act    relative    to    returns    by    corporations    of  QJiQpAQS 
certain    bonds    and    stocks    held    as    collateral 
security. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Sections  six  and  seven  of  chapter  fourteen  Repeal  of 
of  the  Revised  Laws  which  require  every  domestic  corjDo- 
ration  holding  as  collateral  security  bonds  or  shares  of  stock 
in  certain  corporations  to  make  annual  returns  thereof  to 


428  Acts,  1908.  — Chaps.  4G1),  470,  471. 

the  tax  commissioner,  and  so  much  of  section  four  of  said 
chapter,  as  amended  by  section  one  of  chapter  two  hundred 
and  seventj-one  of  the  acts  of  the  year  nineteen  hundred 
and  six  as  relates  to  such  returns,  are  hereby  repealed. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  29,  1908. 

CJliapAQiQ  An  Act  to  imjovide  for  reimbukstng  certain  officials 

FOR  PREMIUMS  PAID  FOR  PROCURING  SURETIES  ON   TJIKIU 
BONDS. 

Be  it  enacted,  etc.,  as  follows: 

Officials  giving  Section  1.  Wlieu  an  official  who  has  the  custody  of 
reimbursed,  ])ropcrty  of  the  coniuionwealth,  or  who  is  charged  with  the 
duty  of  receiving  or  disbursing  money,  is  required  to  give 
bond  to  the  commonwealth  for  the  faithful  discharge  of 
his  duty,  the  commonwealth  shall  reimburse  him  for  the 
amount  paid  by  him  to  a  surety  company  for  becoming 
surety  on  his  official  bond. 

Section  2.     This  act  shall  take  effect  upon  its  ])assage. 

Approved  May  1,  1908. 

ChajjAlO  An  Act  to  authorize  the  appointment  of  officers  of 

THE     STATE     FARM     AS     SPECIAL     DISTRICT     POLICE     OFFI- 
CERS. 

Be  it  enacted,  etc.,  as  follows: 

Officers  of  the  Xhc  govemoi*,  upou  tlic  Written  recommendation  of  the 
may  be  ap-  trustccs  and  Superintendent  of  the,  state  farm,  may  appoint 
district  police    any  officcr  of  the  state  farm  a  special  district  police  officer 

officers,  etc.  r  i  c    ,^  ^  1         CI      1 

lor  a  term  ol  three  years  unless  sooner  removed,  hucli 
officer  shall  have  authority  to  ])erform  any  police  duty  about 
the  premises  of  the  state  farm  and  to  serve  any  criminal 
process  in  connection  therewith. 

Approved  May  1,  1908. 

ChapAll  An  Act  relative  to  the  qualification  of  officers  of 

insurance  companies. 

Be  it  enacted,  etc.,  as  follows: 
1907  576.  §41,       Section  1.     The  third  paragra])h  of  section  fortv-four 

third  para-  ,  .  ^     ,  '    o      i 

graph  of  chapter  fiv(^  hundred  and  seventv-six  of  the  acts  of  the 

amended.  '.  i  i        i  i  •       i  i  tit 

Year  nineteen  hundred  and   seven  is  herebv  amended    by 


Acts,  1908.  —  CiiArs.  472,  473.  429 

inserting  after  the  word  '^  treasurer  ",  in  the  second  line, 
the  words :  —  assistant  secretary  or  assistant  treasurer,  if 
any,  —  so  that  the  paragraph  will  read  as  follows:  —  The  ^^^^^fJiJ^^" '^^ 
president,  the  vice  president,  if  any,  and  the  secretary  and  sworn,  etc. 
treasurer,  assistant  secretary  or  assistant  treasurer,  if  any, 
shall  be  annually  sworn,  and  their  oaths  be  entered  of  rec- 
ord in  the  books  of  the  cor})oration.  The  president  or,  in 
his  absence,  the  vice  president  shall  preside  at  all  meetings 
of  the  directors  or  members.  In  the  absence  of  both,  a 
president  pro  tempore  may  be  chosen. 

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

Approved  May  1,  lOOS, 

An  Act  to  extend  the  time  within  which  the  new  Chc(pA72 

YORK,  BROCKTON  AND  BOSTON  CANAE  AND  TRANSPORTA- 
TION COMPANY  SHALL  REFUND  TO  THE  COMMONWEALTH 
CERTAIN  MONEY  EXPENDED  BY  THE  BOARD  OF  HARBOR 
AND  LAND   COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  time  within  which,  by  the  provisions  of  Time  extended, 
section  twenty-two  of  chapter  five  hundred  and  thirty-two 
of  the  acts  of  the  year  nineteen  hundred  and  six,  as 
amended  by  chapter  five  hundred  and  fifty-four  of  the  acts 
of  the  year  nineteen  hundred  and  seven,  the  New  York, 
Brockton  and  Boston  Canal  and  Transportation  Company 
is  required  to  refund  to  the  commonwealth  certain  moneys 
expended  by  the  board  of  harbor  and  land  commissioners 
under  chapter  one  hundred  and  four  of  the  resolves  of  the 
year  nineteen  hundred  and  one  is  hereby  extended  so  that 
said  moneys  shall  so  be  refunded  within  two  years  after 
the  passage  of  this  act. 

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

Approved  May  1,  1908. 


ChapAlS 


An  Act  to  authorize  assistant  secretaries  of  domes- 
tic insurance  companies  to  sign  policies. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  next  to  the  last  paragraph  of  section  loo?,  576,  §  26. 
twenty-six  of  chapter  five  hundred  and  seventy-six  of  the  ^""^^ 
acts  of  the  year  nineteen  hundred  and  seven  is  herebv 


430 


Acts,  1908.  — Chap.  474. 


Policies,  how 
executed. 


aiiiciulcd  by  inserting  after  the  word  "  secretary  ",  where 
it  tirst  occurs  in  the  second  line  of  said  paragraph,  the 
words :  —  assistant  secretary,  —  and  by  striking  out  the 
Avord  "  his ",  in  the  same  line,  and  inserting  in  place 
thereof  the  word :  —  their,  —  so  that  the  paragraph  will 
read  as  follows :  —  All  policies  issued  by  such  company 
shall  be  signed  by  its  secretary,  assistant  secretary,  or,  in 
their  absence,  by  a  secretary  pro  tempore,  and  by  its  presi- 
dent or  vice  president  or,  in  their  absence,  by  two  directors. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  1,  1908. 


R.L.  9,  §3, 
amended. 


Publication  ol 
pamphlet  edi- 
tion of  laws, 
etc. 


ChapA74:  An  Act  relative  to  the  distribution  of  the  acts  and 

RESOLVES  PASSED  BY  THE   GENERAL   COURT. 

Be  it  enacted,  etc.,  as  foUnirs: 

Section  1.  Chapter  nine  of  the  Revised  Laws  is  hereby 
amended  by  striking  out  section  three  and  inserting  the 
following  in  place  thereof :  • — ■  Section  3.  The  secretary  of 
the  commonwealth  shall  also,  at  the  close  of  each  session 
of  the  general  court,  cause  to  be  published  in  pamphlet 
form  twenty  thousand  copies  of  the  acts  and  resolves  passed 
and  of  any  proposed  amendments  to  the  constitution  agreed 
to  during  such  session,  and  shall  apportion  said  copies,  ex- 
cepting one  thousand  which  he  may  reserve  in  his  office  for 
general  distribution,  at  his  discretion,  among  the  clerks  of 
the  several  cities  and  towns,  to  be  delivered  by  them  to  such 
inhabitants  thereof  as  apply  therefor. 

It  shall  further  be  the  duty  of  the  secretary,  as  soon  as 
may  be  after  the  signing  of  any  bill  or  resolve  by  the  gov- 
ernor, to  send  a  copy  thereof  to  each  of  the  following  offi- 
cers :  the  clerks  of  the  several  cities  and  towns,  for  the  use 
of  the  inhabitants  thereof,  the  justices,  clerks  and  registers 
of  the  judicial  courts,  the  district  attorneys,  the  sheriffs, 
the  trial  justices,  the  justices  of  the  peace  authorized  to 
issue  warrants  and  take  bail,  and  to  the  county  law  libra- 
ries. He  may  also  send  copies  to  such  persons  as  apply 
therefor,  charging  not  less  than  the  cost  thereof. 

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

Approved  May  1,  190S. 


Copies  of  acts 
to  be  sent  to 
certain  public 
officers,  etc. 


Acts,  11)08.  — Chaps.  475,  476.  431 


An  Act  to  provide  for  additional  clerical  assist-  ChapA75 

ANCE   FOR  THE   MUNICIPAL   COURT   OF   THE   ROXBURY  DIS- 
TRICT OF  THE  CITY  OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.      The  clerk  of  the  mimicipal  court  of  the  clerical  as- 

-r-,T  ,..  (•!•  /*-r>  n  sistance  to 

Koxbury  district  oi  the  citv  oi  J^oston  may  annuaily  ex-  municipal 
pend  for  clerical  assistance  in  his  office,  a  sum  not  exceed-  bury  district  of 
ing  six  hundred  dollars,  upon  the  certificate  of  the  justice  "  ^  ° 
that  the  work  was  actually  performed  and  was  necessary. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  1,  1908. 


ChapAlQ 


An  Act  relative  to  vacations  of  members  of  police 
departments,  except  in  the  city  of  boston. 

Be  it  enacted,  etc.,  as  folloics: 

Section  1.     Members  of  the  police  department  of  every  Members  of 
city  and  town,  except  the  city  of  Boston,  shall  be  excused  mentl  ex,fept 
from  duty  for  one  day  out  of  every  thirty  days,  without  Boston"to  ° 
loss  of  pay,  except  that  members  of  the  police  force  em-  ffom  Xty  on 
ployed  by  the  metropolitan  park  commission  shall  be  ex-  etc!'*'"  ^^^^' 
cused  from  duty,  without  loss  of  pay,  for  a  number  of  days 
in  each  year  equal  to  one  day  in  every  thirty  days,  such 
days  off  to  be  assigned  by  the  said  park  commission  or  by 
the  chief  of  the  said  force  acting  under  direction  of  the 
commission.     The  time  and  the  manner  of  excusing  mem- 
bers of  police  departments  from  duty,  in  accordance  with 
the  provisions  of  this  act,  shall  be  determined  by  the  chief, 
superintendent  or  other  officer  or  board  at  the  head  of  the 
police  department.     A  member  so  excused  shall  be  exempt 
from  duty  and  from  attendance  at  a  police  station  or  other 
place,  but  otherwise  shall  be  subject  to  all  laws,  rules  and 
regulations  relating  to  members  of  the  department  to  which 
he  belongs. 

Section  2.  The  chief,  superintendent,  or  other  officer  Days  off  to  be 
or  board  at  the  head  of  the  police  department  of  any  city  '"''^"''''^  '  ''^'^• 
or  town,  except  the  city  of  Boston,  shall  have  authority,  in 
case  of  any  public  emergency,  or  of  any  unusual  demand 
for  the  services  of  the  police  in  that  city  or  town,  to  pre- 
vent any  member  of  the  department  from  taking  the  day 
off  herein  provided  for  at  the  time  when   he   is  entitled 


432  Acts,  1908.  — Chaps.  477,  478. 

thereto,  or  at  the  time  assigned  therefor,  provided  that 
such  day  off  shall  be  granted  to  hini  as  soon  thereafter  as 
is  practicable.  In  no  case  shall  the  number  of  such  days 
off  be  less  than  twelve  in  each  calendar  year,  and  they  shall 
be  in  addition  to  any  annual  vacation  now  or  hereafter 
allowed  to  members  of  the  said  departments,  and  such 
annual  vacation  shall  not  be  diminished  on  account  of  the 
days  off  herein  provided  for. 
When  to  take         Sectio:x  3.     This  act  sliall  take  effect  in  cities  upon  its 

effect.  . 

passage,  and  in  towns  when  accepted  by  a  majority  of  the 
voters  voting  thereon  by  ballot  at  the  next  annual  town 
meeting.  Approved  May  1,  1908. 

ChcmAll  A:v  Act  relative  to  mongoli.vn,  c^II^"ESE,  English  and 

GOLDEN   PHEASANTS. 

Be  it  enacted,  etc.,  as  folloirs: 

S^cerufn  b?rds  Section  1.  It  shall  be  unlawful  to  hunt,  pursue,  take, 
prohibited.  l^j]]  or  havc  ill  posscssiou,  except  for  pur|X)ses  of  propaga- 
tion, a  Mongolian,  Chinese,  Golden  or  English  pheasant. 
mavb^Kranted  Section  2.  Upoii  application  to  the  commissioners  on 
toshoot  fisheries  and  e^me,  written  permission  may  be  granted  by 

pheasants  in  .5  7  i  .  e  t/ 

certain  eases,  them  to  a  land  owner  engaged  in  rearing  pheasants  to  shoot 
pheasants  on  his  own  premises  to  a  number  not  exceeding 
the  number  actually  reared  to  maturity  by  him  in  the  year 
in  which  such  permission  is  granted. 

Penalty.  Section  3.     Auv  pcrsou  violating  the  provisions  of  this 

act  shall  be  punished  by  a  fine  not  exceeding  fifty  dollars 
for  each  bird  or  part  thereof  in  respect  to  which  the  viola- 
tion occurs. 

Repeal.  Section  4.      Scction  sixtccu  of  chapter  ninety-two  of 

the  Revised  Laws,  as  amended  by  chapter  seventy-three  of 
the  acts  of  the  year  nineteen  hundred  and  five,  and  chajiter 
four  hundred  and  eighty-two  of  the  acts  of  the  year  nine- 
teen hundred  and  six,  are  hereby  repealed. 

Approved  May  1,  1908. 

Cha2)A7S  An  Act  to  provide  for  the  purchase  of  forest  land 

AND   FOR  reforestation. 

Be  il  enacted,  etc.,  as  follows: 
Land  may  be         Section  1.     For  the  T)urpose  of  experiment  and  illus- 

purchased  for  .  .        »  i    j*  i 

purpose  of         tration  m  forest  management  and  for  the  purposes  speci- 
etc.  '     ficd  in  section  seven  of  this  act  the  sum  of  five  thousand 


Acts,  1908.  — Chap.  478.  433 

dollars  may  be  expended  in  the  year  nineteen  hundred  and 
eight,  and  the  snm  of  ten  thousand  dollars  annually  there- 
after, by  the  state  forester,  with  the  advice  and  consent  of 
the  governor  and  council,  in  2:)urchasing  lands  situated 
within  the  commonwealth  and  adapted  to  forest  production. 
The  price  of  such  land  shall  not  exceed  in  any  instance  five 
dollars  per  acre,  nor  shall  more  than  forty  acres  be  acquired 
in  any  one  tract  in  any  one  year,  except  that  a  greater 
area  may  so  be  acquired  if  the  land  purchased  directly 
affects  a  source  or  tributary  of  water  supply  in  any  city  or 
town  of  the  commonwealth.  All  lands  acquired  under  the 
provisions  of  this  act  shall  be  conveyed  to  the  common- 
wealth, and  no  lands  shall  be  paid  for  nor  shall  any  moneys 
be  expended  in  improvements  thereon  until  all  instruments 
of  conveyance  and  the  title  to  be  transferred  thereby  have 
been  approved  by  the  attorney-general  and  until  such  in- 
struments have  been  executed  and  recorded. 

Section  2.     The  owners  of  land  purchased  under  this  Owners  may 

,      .       ,      .  ,  .  I  111    repurchase 

act,  or  their  heirs  and  assigns,  may  repurchase  the  land  land,  etc. 
from  the  commonwealth  at  any  time  within  ten  years  after 
the  purchase  by  the  commonwealth,  upon  paying  the  price 
originally  paid  by  the  commonwealth,  together  with  the 
amount  expended  in  improvements  and  maintenance,  with 
interest  at  the  rate  of  four  per  cent  per  annum  on  the  pur- 
chase price.  The  state  forester,  with  the  approval  of  the 
governor  and  council,  may  execute  in  behalf  of  the  com- 
monwealth such  deeds  of  reconveyance  as  may  be  neces- 
sary under  this  section:  provided,  however,  that  there  shall  Proviso. 
be  included  in  such  deeds  a  restriction  requiring  that  trees 
cut  from  such  property  shall  not  be  less  than  eight  inches 
in  diameter  at  the  butt. 

Section  3.  The  state  forester  may  in  his  discretion.  Gifts,  etc. 
but  subject  to  the  approval  of  the  deed  and  title  by  the 
attorney-general  as  provided  in  section  one,  accept  on  be- 
half of  the  commonwealth  gifts  of  land  to  be  held  and 
managed  for  the  purpose  hereinbefore  expressed.  A  donor 
of  such  land  may  reserve  the  right  to  buy  back  the  land 
in  accordance  with  the  provisions  of  section  two,  but  in 
the  absence  of  a  provision  to  that  effect  in  his  deed  of  gift 
he  shall  not  have  such  right. 

Section  4.     Land  acquired  under  the  provisions  of  this  To  be  under 

CO  n  t  ro I   etc.    of 

act  shall  be  under  the  control  and  management  of  the  state  state  forester, 
forester  who  may,  subject  to  the  approval  of  the  governor 


434 


Acts,  11)08.  — Chai>.  479. 


Disposition  of 
money  re- 
ceived. 


Land  recon- 
vcyed  not  to 
be  exempt 
from  taxation, 
etc. 


Distribution  of 
seeds,  etc. 


Authority  of 
state  forester, 
etc. 


Repeal. 


and  council,  cut  and  sell  trees,  wood  and  other  produce 
therefrom. 

SECTioiSi  5.  All  moneys  received  by  or  payable  to  the 
commonwealth  or  any  one  acting  on  its  behalf  nnder  the 
provisions  of  this  act  shall  be  paid  into  the  treasury  of 
the  commonwealth. 

Section  C.  Land  acquired  under  the  provisions  of  this 
act  and  subsequently  reconveyed  under  the  provisions  of 
sections  two  or  three  shall  not  be  exempt  from  taxation 
on  account  of  any  plantation  of  trees  set  out  or  planted 
while  it  was  held  by  the  commonwealth. 

Section  1.  For  the  purpose  of  assisting  in  reforesta- 
tion a  i)ortion,  not  exceeding  twenty  per  cent  of  the  money 
authorized  by  this  act  to  be  expended  may  be  used  by  the 
state  forester  for  the  distribution  at  not  less  than  cost  of 
seeds  and  seedlings  to  land  owners  who  are  citizens  of  the 
commonwealth,  under  such  conditions  and  restrictions  as 
the  state  forester,  STd)ject  to  the  approval  of  the  governor 
and  council,  may  deem  advisable. 

Section  8.  The  state  forester  shall  re-plant  or  other- 
wise manage  all  land  acquired  by  the  commonwealth  and 
held  by  it  under  the  provisions  of  this  act,  in  such  man- 
ner as  will,  in  his  judgment,  produce  the  best  forest 
growth  both  as  to  practical  forestry  results  and  protection 
of  water  supplies. 

Section  9.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed.  • 

Section  10.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  1,  190s[ 


ChapA7d  ^^N  ^CT  TO  provide  for  an  additional  stenogkapher 


Additional 
steiioRraplier 
in  detective 
department  of 
district  police, 
appointment, 
etc. 


IN      THE 

police. 


detective      department      of      THE      DISTRICT 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  chief  of  the  district  police  may  ap- 
point an  additional  stenographer  in  the  office  of  the  deputy 
chief  of  the  detective  dej)artnieiit  of  the  district  police,  at 
a  salary  not  exceeding  eight  hundred  dollars  per  annum. 

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

Approved  May  1,  1908. 


Acts,  1908.  — Chaps.  480,  481.  435 


An  Act  to  authorize  an  extension  of  the  time  al-  ChapASO 
LOWED  for  the  listing  of  voters  in  the  city  of 

BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     If  in  any  year  the  police  commissioner  for  Time  extended 
the  city  of  Boston  shall  believe  it  to  be  impracticable,  be-  voters  in  city 

~  ,  , .  .  .    .  1  -of  Boston. 

cause  of  any  public  exigency  requiring  unusual  service 
from  the  police  force  of  the  city,  to  complete  within  the 
first  seven  week  days  of  May  the  house-to-house  visitation 
provided  for  by  section  seventy  of  chapter  five  hundred 
and  sixty  of  the  acts  of  the  year  nineteen  hundred  and 
seven,  and  to  transmit  to  the  election  commissioners  on  or 
before  the  eighteenth  day  of  May  the  lists  described  in 
section  seventy-one  of  said  chapter,  he  shall  have  authority, 
after  having  given  notice  in  writing  to  the  listing  board 
and  to  the  board  of  election  commissioners  of  the  city,  to 
take  such  further  time  for  said  visitation  and  transmission, 
not  exceeding  ten  week  days,  as  he  shall  deem  necessary. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  1 ,  1908. 

An  Act  relative  to  expenditures  by  the  bureau  of  (JJianASX 

statistics  of  labor. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  chief  of  the  bureau  of  statistics  of  chief  of  bureau 

of  statistics  of 

labor  may  expend  for  clerical  assistance,  special  agents,  labor, expenses, 
and  contingent  expenses,  including  the  necessary  expenses 
in  connection  with  the  collection  of  statistics  of  manufac- 
tures and  of  the  municipal  statistics  provided  for  by  cha}> 
ter  two  hundred  and  ninety-six  of  the  acts  of  the  year  nine- 
teen hundred  and  six,  such  amount  as  the  general  court 
may  annually  appropriate. 

Section  2.     Section  nine  of  chapter  one  hundred  and  Repeal, 
seven  of  the  Revised  Laws  and  all  acts  and  parts  of  acts 
inconsistent  with  this  act  are  hereby  repealed. 

Section  3.     This  act  shall  take  effect  on  the  first  day  when  to  take 
of  December  in  the  year  nineteen  hundred  and  eight.         ^^^^^' 

Approved  May  1,  1908. 


436  Acris,  1908.  — Chaps.  482,  483. 


ChwpAS'2i  An  Act  relative  to  the  distribution  of  dividends  in 

MUTUAL   FIRE    INSURANCE   COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

imJndJd.' ^ '*^'  Section  1.  Chapter  five  hundred  and  seventy-six  of 
the  acts  of  the  year  nineteen  hundred  and  seven  is  hereby 
amended  l)y  striking  out  section  forty-seven  and  inserting 

Dividends,  etc.  in  ]dace  thereof  the  following :  —  Section  J/.?.  From  time 
to  time  the  directors  of  a  mutual  fire  insurance  company 
may  by  vote  fix  and  determine  the  ])ercentages  of  dividend 
to  be  paid  on  expiring  policies,  which  percentages  may  in 
their  discretion  be  different  for  policies  insuring  farm 
risks  from  those  applying  on  policies  covering  other  classes 
of  risks  of  the  same  term ;  but  every  policy  placed  in  the 
said  class  of  farm  risks  shall,  when  issued,  bear  an  en- 
dorsement to  the  effect  that  it  is  so  classified. 

Notice  to  be  Eacli  policy  holder  of  a  domestic  companv,  and  each 

given  of  .  ,  . 

amountof         jMassacliusetts  policy  holder  of  a  foreign  companv,  shall 

ciiviciBncl   6tc.  it.'  o  i         »/  ^ 

be  notified  at  his  last  known  address  within  six  months 
after  the  expiration  of  his  policy  of  the  amount  of  any 
dividend  declared  and  payable  thereon,  unless  in  the  mean- 
time such  dividend  has  been  paid  in  cash  or  applied  in 
payment  of  the  premium  on  the  renewal  of  the  policy. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  1,  1908. 

CJfCipA83  An  Act  to  prohibit  the  making  of  political  contri- 
butions  BY   BUSINESS   CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 
Political  con-  Section  1.     ]^o  busincss  corporation  incorporated  under 

t  nhiitKiiis  by  '  ' 

business  corpo-  \\^q  laws  of,  or  doinff  business  in  this  commonw^ealth,  and 

rations  '  »_  •iiir*c  • 

prohibited.  Xio  officcT  or  agent  acting  m  behalf  of  such  corporation, 
shall  pay  or  contribute  in  order  to  aid,  promote  or  prevent 
the  nomination  or  election  of  any  person  to  public  office 
or  ill  order  to  aid,  promote  or  antagonize  the  interests  of 
any  political  party.  No  person  shall  solicit  or  receive  such 
payment  or  contribution  from  such  corporation. 

Penalty.  Section  2.     Any  corporation  violating  the  provisions 

of  this  act  shall  be  punished  by  a  fine  of  not  more  than  ten 
thousand  dollars,  and  any  officer,  director  or  agent  of  a 
corporation  violating  any  provision  of  this  act  or  author- 


Acts,  1908.  — Chap.  484.  437 

izing  such  violation,  shall  be  punished  by  a  fine  of  not 
more  than  five  thousand  dollars  or  by  imprisonment  for 
not  more  than  six  months. 

Section  3.     Nothing  in  this  act  shall  be  construed  as  Not  to  affect 

CI  r>        1  11  1      •    1  i        certain  pro- 

afi"ecting  the  provisions  of  chapter  five  hundred  and  eiglity-  visions  of  law. 
one  of  the  acts  of  the  year  nineteen  hundred  and  seven. 

Approved  May  1,  1908. 


An  Act  to  require  and  provide  for  the  registration  ChapASi: 

OF   irUNTERS. 

Be  it  enacted,  etc.,  as  foUoics: 

Section  1.  No  citizen  of  the  United  States  resident  in  Registration  of 
Massachusetts  shall  hunt,  pursue,  take,  or  kill  any  bird  or 
quadruped  protected  by  law  without  first  having  obtained 
a  certificate  of  registration  as  hereinafter  provided:  pro-  Proviso. 
vided,  however,  that  nothing  in  this  act  shall  be  construed 
as  affecting  in  any  way  the  provisions  of  the  general  laws 
relating  to  trespass,  or  as  authorizing  the  hunting,  pursu- 
ing, taking,  wounding,  or  killing,  or  the  possession  of  birds 
or  quadrupeds  contrary  to  any  laws  now  or  hereinafter  in 
force,  nor  shall  the  possession  of  such  certificate  of  regis- 
tration grant  or  confer  any  privilege  not  enjoyed  prior  to 
the  passage  of  this  act. 

Section  2.     The  clerk  of  any  city  or  town  shall,  upon  certificates, 
the  application  of  any  such  bona  fide  resident  citizen  and  e"tc™'  ^^^^' 
the  payment  of  the  registration  fee  and  recording  fee  here- 
inafter provided,  issue  to  such  person  a  certificate  in  the 
form  prescribed  and  upon  blanks  furnished  by  the  com- 
missioners on  fisheries  and  game,  which  certificate  shall 
bear  the  name,  age,  occupation,  place  of  residence,  signa- 
ture and  an  identifying  description  of  the  person  thus  reg- 
istered,   and   shall   authorize   the    person   so   registered   to 
hunt  game  birds  and  game  quadrupeds  during  the  period 
when  the  same,  respectively,  may  lawfully  be  killed,  and 
at  no  other  time,  and  only  subject  to  the  restrictions  and 
conditions  as  provided  by  law.      Said  certificates  shall  be  Certificates  not 
valid  until  January  first  next  following  the  date  of  issue  etc"*  '^^'^    ' 
and  no  longer,  shall  not  be  transferable,  and  shall  be  pro- 
duced for  examination  upon  demand  of  any  commissioner 
of  fisheries  and  game,  or  their  deputies  or  upon  demand 
of  any  sheriff,  constable,  police  officer,  or  other  officer  an- 


438 


Acts,  1908.  — Chap.  4S5. 


Fee. 


Record  of  cer- 
tificates to  be 
kept,  etc. 


Penalty. 


When  to  tal<e 
effect. 


thorized  to  arrest  for  crime,  or  of  the  owner  or  lessee  in 
actual  occupancy  of  any  land  u]X)n  which  such  registered 
person  may  be  found.  Failui'c  or  refusal  to  produce  said 
certificate  upon  such  demand  shall  l)c  prima  facie  evidence 
of  a  violation  of  this  act. 

Section  3.  Every  citizen  of  the  United  States  who  is 
a  bona  fide  resident  of  this  state  shall  pay  for  such  certifi- 
cate a  fee  of  one  dollar:  provided,  however,  that  this  act 
shall  not  apply  to  any  such  citizen  who  is  a  Ixnia  fide  resi- 
dent on  land  owned  or  leased  l)v  him  and  on  which  he  is 
actually  domiciled,  which  land  is  used  exclusively  for  agri- 
cultural purposes,  and  not  fV»r  clnb  or  shooting  purposes. 

Section  4.  Every  city  and  town  clerk  shall  keep  a 
record  of  all  such  certificates  issued  by  him,  which  record 
shall  be  open  to  ins])ection  by  all  officers  authorized  to 
make  arrests,  and  by  the  state  treasurer  and  the  state 
auditor  or  their  agents,  and  by  the  commissioners  on  fish- 
eries and  game  and  their  deputies;  and  such  clerk  shall, 
on  the  first  Monday  of  every  month,  pay  to  the  state  treas- 
urer all  money  received  by  him  for  such  certificates  issued 
during  the  month  preceding. 

Section  5.  Any  person  who  shall  violate  any  provi- 
sion of  this  act  shall  be  fined  not  less  than  ten  nor  more 
than  fifty  dollars,  or  be  imprisoned  for  not  more  than  thirty 
days,  or  shall  be  punished  by  both  such  fine  and  impris- 
onment; and  the  certificate  of  any  person  who  shall  be 
convicted  of  a  violation  of  any  law  relating  to  birds  or 
(piadrupeds,  or  of  any  provision  of  this  act,  shall  be  void, 
and  such  ])erson  shall  not  receive  a  certificate  during  the 
jjcriod  of  one  year  from  the  date  of  such  conviction. 

Section  G.  This  act  shall  take  effect  on  the  first  day 
of  January  in  the  year  nineteen  hundred  and  nine. 

Approved  May  1,  1908. 


CJiapASr) 


1906,  4,3r),  §  2, 
amended. 


Superintendent 
of  free  em- 
ployment 
offices,  etc. 


Ax   Act  relative  to  the  free   employment  offices. 

Be  it  enacted,  etc.,  as  folloirs: 

Section  1.  Chapter  four  hundred  and  thirty-five  of 
the  acts  of  the  year  nineteen  hundred  and  six  is  hereby 
amended  by  striking  out  section  two  and  inserting  in  place 
thereof  the  following:  —  Section  2.  The  chief  of  said 
bureau  shall  appoint  for  each  of  the  offices  provided  for  in 


Acts,  1908.  — Chap.  485.  439 

section  one  of  this  act  a  superintendent  to  discharge  under 
his  direction  the  duties  hereinafter  set  forth  or  such  as 
may  be  required  by  him.  The  said  chief  may  also  appoint 
an  assistant  superintendent  and  such  clerks  as  he  may 
deem  necessary  for  the  proper  conduct  of  the  business  of 
said  employment  offices.  The  furniture  and  fixtures  of 
said  employment  offices  shall  be  provided  by  the  sergeant- 
at-arms  in  the  manner  and  under  the  restrictions  specified 
in  section  four  of  chapter  ten  of  the  Revised  Laws  for 
buildings  or  parts  of  buildings  leased  to  the  common- 
wealth. The  situation  of  each  office  established  under  the 
provisions  of  this  act  shall  be  plainly  indicated  by  a  proper 
sigTi  or  signs. 

Section  2.     Said  chapter  is  hereby  further  amended  bv  i906,  435,  §  3, 

...  .  ,  ,     .  "^  .  .  ,  ,  '^.   amended. 

striking  out  section  three  and  inserting  m  place  thereof 

the  following :  —  Section  3.     It  shall  be  the  duty  of  the  Applications 

f  I"       ^  1  rr>  ii-ii*        from  persons 

sui^ermtendents  oi  the  emplo}nnent  othees  estaluisned  m  seeking;  em- 
accordance  with  this  act,  to  receive  applications  from  those  be  registered, 
seeking  employment  and  from  those  desiring  to  employ, 
and  to  register  the  same  in  such  manner  as  may  be  de- 
vised by  the  chief  of  said  bureau,  and  to  take  such  other 
action  as  may  be  deemed  best  by  the  chief  of  said  bureau 
to  promote  the  purposes  of  said  offices. 

Section    3.      Section   four   of   said   chapter   is   hereby  ^^°®' f^f'  ^  ■*• 
amended  by  adding  at  the  end  thereof  the  following:  — 
Any   clerk  or   superintendent   who   directly   or   indirectly  Charging  of 

*^  ,  ,  *  ,'      fees  pro- 

charges  or  receives  any  fee  in  the  performance  of  his  hibited,  etc. 
duties  shall  be  deemed  guilty  of  a  misdemeanor  and  shall 
be  subject  to  a  fine  of  not  more  than  one  hundred  dollars 
or  to  imprisonment  in  the  county  jail  for  a  term  not  ex- 
ceeding thirty  days.  Such  fine  or  imprisonment  shall  dis- 
qualify him  from  holding  further  connection  with  said 
office. 

Section  4.     Said  chapter  is  hereby  further  amended  by  iqoc,  435,  §  5, 
striking  out  section  five  and  inserting  in  place  thereof  the 
following: — Section  5.     In  reffisterinc;  applications  for  Preference  to 

o  o  o        1  i  Ijp  given  to 

emiiloyment  and  for  employees  wanted  T)reference  shall  be  residents  of 

,    ^       ^  .-  />!  11  t"^  common- 

given  to  residents  of  the  commonwealth.  wealth. 

Section  5.     Said  chapter  is  hereby  further  amended  ^f,^g^,;jp^a '  ^  ^' 

by  striking  out  section  six  and  inserting  in  place  thereof 

the  following:  —  Section   6.      Each   superintendent   shall  ^^'^°'^*^- 

make  to  the  chief  of  said  bureau  such  reports  of  applica- 


440  Acts,  1908.  — Chap.  486. 

tions  for  labor  or  employment  and  of  other  details  of  the 
work  of  his  office  as  may  be  required  bv  said  chief.  The 
said  chief  shall  cause  reports  showing  the  business  of  the 
several  offices  to  be  j^jrepared  at  regular  intervals  and  to  be 
exchanged  between  the  said  offices,  and  shall  supply  them 
to  the  newspapers  and  to  citizens  npon  request ;  and  the 
several  superintendents  shall  cause  such  reports  to  be 
posted  in  a  conspicuous  place  in  their  offices  so  that  they 
may  be  open  to  pul)lic  inspection. 

imended '  ^  ^'  Section  C.  Chapter  one  hundred  and  thirty-five  of  the 
acts  of  the  year  nineteen  hundred  and  seven  ds  hereby 
amended  by  striking  out  section  one  and  inserting  in  place 

Maintenance  of  thereof  the  followiug:  —  Scction  1.    There  shall  be  allowed 

ment  offices,  and  paid  out  of  the  treasury  of  the  commonwealth,  upon 
the  approval  of  the  chief  of  the  bureau  of  statistics  of 
labor,  for  salaries  and  for  contingent  expenses  in  connec- 
tion with  the  establishment  and  maintenance  of  free  em- 
ployment offices  as  herein  provided  for,  such  sum  as  the 
general  court  may  annually  appropriate  therefor.  The 
annual  salary  of  the  superintendents,  and  of  such  clerk 
as  may  be  appointed  in  each  office  to  act  as  chief  clerk  or 
assistant  superintendent  shall  be  fixed  by  the  chief  of  said 
Imreau,  subject  to  the  approval  of  the  governor  and  coun- 
cil. 

Annual  report         Sectiox   7.      The  chief  of  the  bureau  of  statistics  of 

to  be  made. 

labor  shall  annually  on  or  before  the  third  Wednesday  in 
January  make  a  report  to  the  general  court  covering  the 
work  of  the  free  employment  offices  established  in  accord- 
ance with  chapter  four  hundred  and  thirty-five  of  the  acts 
of  the  year  nineteen  hundred  and  six. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  1,  1908. 

ChapASG  Ax  Act  relative   to  the   uses   of  the  depreciation 

FUNDS  OF  :\rUNTCIPAE  GAS  AND  ELECTRIC  LIGHT  PLANTS. 

Be  it  enacted,  etc.,  as  follows: 

Usepf  de-  Section  1.     In  addition  to  the  purposes  to  which  the 

funds  of  mu-     depreciation   fund    of   a   municipal    gas   or   electric   light 
eiectriclfght"    plant  may  be  devoted  according  to  the  provisions  of  sec- 
piants,  etc.        ^.^^^  tweu'tv-one  of  chapter  thirty-four  of  the  Revised  Laws, 
as  amended  by  section  four  of  chapter  four  hundred  and 


Acts,  1908.  — Chap.  487.  441 

ten  of  the  acts  of  the  year  nineteen  hundred  and  five,  and 
as  further  amended  by  chapter  four  hundred  and  eleven 
of  the  acts  of  the  year  nineteen  hundred  and  six,  so  much 
of  said  fund  as  the  board  of  gas  and  electric  light  commis- 
sioners may  from  time  to  time  approve  may  be  used  to 
pay  notes,  bonds  or  scrip  issued  to  pay  for  the  cost  of 
reconstruction  or  renev^als  in  excess  of  ordinary  repairs 
of  a  municipal  gas  or  electric  light  plant,  w^hen  such  notes, 
bonds  or  scrip  become  due. 

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

Aj) proved  May  5,  1908. 

An  Act  relative  to  appeals  froim  the  orders  of  the  CJiapASl 

INSPECTORS    OF     FACTORIES    AND    PUBLIC     BUILDINGS     OF 
THE  DISTRICT   POLICE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Whoever  is  aggrieved  by  the  order,  require-  Appeals  from 

.     ,  .  .      order  of  in- 

ment,  or  direction  of  an  inspector  of  factories  and  public  spectors  of 
buildings  may,  within  ten  days  after  the  service  thereof, 
appeal  to  a  judge  of  the  superior  court  for  the  county  in 
which  the  building  to  which  such  order,  requirement  or 
direction  relates  is  situated,  for  an  order  forbidding  its 
enforcement ;  and  after  such  notice  as  said  court  shall 
order  to  all  parties  interested,  a  hearing  may  be  had  before 
said  court  at  such  early  and  convenient  time  and  place  as 
shall  be  fixed  by  said  order ;  or  the  court  may  appoint 
three  disinterested  persons,  skilled  in  the  subject-matter 
of  the  controversy,  to  examine  the  matter  and  hear  the 
parties;  and  the  decision  of  said  court,  or  the  decision,  in 
writing  and  under  oath,  of  the  majority  of  said  experts, 
filed  in  the  office  of  the  clerk  of  courts  in  said  county 
within  ten  days  after  such  hearing,  may  alter,  annul  or 
affirm  such  order,  requirement  or  direction.  Such  decision 
or  a  certified  copy  thereof  shall  have  the  same  authority, 
force  and  effect  as  the  original  order,  requirement  or  direc- 
tion of  the  inspector.  If  such  decision  annuls  or  alters 
such  order,  requirement  or  direction  of  the  inspector,  the 
court  shall  also  order  the  said  inspector  not  to  enforce  his 
order,  requirement  or  direction,  and  in  every  case  the  cer- 
tificate required  by  law  shall  thereupon  be  issued  by  said 
court  or  by  said  experts. 


442  Acts,  1908.  — Chap.  488. 

Compensation        Section  2.     The  court  inav  Qwarcl  reasonable  compen- 

of  experts,  etc.  .  .  •^  ... 

sation  to  experts  appointed  nnder  the  provisions  of  the 
preceding  section  which,  if  the  order,  requirement  or  direc- 
tion of  the  inspector  is  alteited  or  annulled,  shall  be  paid 
by  the  county  in  which  the  ap})lication  for  an  order  of  the 
court  was  made ;  otherwise  by  the  applicant.  If  the  order, 
requirement  or  direction  of  the  inspector  is  affirmed  by  the 
court  or  the  experts,  costs  shall  be  taxed  against  the  a])])li- 
cant  for  the  order  of  the  court  as  in  civil  cases,  and  shall 
be  paid  into  the  treasury  of  the  coimty  in  which  the  ap- 
plication for  such  order  of  the  court  was  made. 
Repeal.  Sectiox   3.      Scctions  nineteen   and  twenty  of  chapter 

one  hundred  and  four  of  the  Eevised  Laws,  chapter  four 
hundred  and  ninety-nine  of  the  acts  of  the  year  nineteen 
hmidred  and  seven,  and  all  acts  and  parts  of  acts  incon- 
sistent herewith,  are  hereby  repealed. 

Section  4.     This  act  shall  take  effect  u]X)n  its  passage. 

Approved  May  5,  J  90S. 

ChajjASS  An  Act   keeative  to  pike  perch  caught  in   certain 

WATERS. 

Be  it  enacted,  etc.,  as  follows: 
Taking,  etc  Section  1.     ISTo  Corporation,  association  or  person  shall 

of  pike  perch  m  .  ....  ,   ,  .,  ■, 

certain  waters  havc  lu  posscssiou  lu  this  commouwealtli  any  pike  perch 
caught  in  that  part  of  Lake  Champlain  or  its  tributaries 
known  as  Missisquoi  bay,  lying  and  being  in  the  province 
of  Quebec,  or  in  the  Richelieu  river,  which  is  the  outlet 
of  said  lake,  between  February  first  and  June  first. 

Seizures  with-        Section  2.     The  commissiouers  on  fisheries  and  game 

etc.  '      and  their  de])uties  are  hereby  authorized  to  search  for,  to 

seize,  and  to  confiscate,  without  a  warrant,  pike  perch  held 
in  possession  in  violation  of  the  preceding  section,  and  it 
shall  be  the  duty  of  every  officer  designated  in  section  four 
of  chapter  ninety-one  of  the  Tvevised  Laws,  thus  without 
a  warrant  to  search  for  and  seize  pike  perch  so  held  in 
possession,  and  to  report  the  seizure  to  the  said  coininis- 
sioners,  who  shall  authorize  the  sale  of  such  fish ;  and  the 
proceeds  of  such  sale  shall  be  paid  into  the  treasury  of  the 
commonwealth. 

Penalty.  Section  .3.     Auv  conipanv,  association  or  ])erson  \iolat- 

ing  the  j^rovisions  of  this  act  sliall  be  liable  to  a  penalty 


Acts,  1908.  — Chap.  489.  443 

of  fifty  dollars,  and  ten  dollars  additional  for  each  pike 
perch  held  in  possession  in  violation  of  the  provisions  of 
this  act.    Chapter  one  hundred  and  seventy-nine  of  the  acts  Repeal, 
of  the  year  nineteen  hundred  and  six  is  hereby  repealed. 

Approved  May  5,  1908. 

An  Act  to  authorize  and  to  provide  for  the  approval  ChapASQ 

OF  PLANS  of  compensation  FOR  INJURED  EMPLOYEES, 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     Any  employer  of  labor  may  submit  to  the  Plan  of  com- 

1  1        />  •!•     ,  •  1  !•,.•'  1  £  pensatioii  for 

state  board  oi  conciliation  and  arbitration  a  puiii  oi  com-  injured  em- 
pensation  for  employees  in  his  employ,  providing  for  pay-  approt^ai*'of," 
ments  to  said  employees  in  the  event  of  injury  in  the  course  ^^^' 
of  their  employment,  based  upon  a  certain  percentage  of 
the  average  earnings  of  such  employees,  and  without  refer- 
ence to  legal  liability  under  the  conmion  law  or  the  em- 
ployer's liability  act.     x\fter  examination  of  such  plan  of 
compensation,   and   a  ])ublic  hearing  thereon  after  public 
notice  thereof,   the  board   of  conciliation   and   arbitration 
may,   if  it  considers  the  same  fair   and  just  to  the  em- 
ployees, give  its  approval  thereof  by  certificate  to  be  at- 
tached to  such  plan. 

Section  2.  After  obtaining  the  approval  of  a  plan  of  Contracts, 
compensation  as  set  forth  in  the  foregoing  section,  it  shall 
be  lawful  for  the  employer  to  enter  into  a  contract  with 
his  employees  by  which  such  employees  shall  release  the 
employer  from  liability  in  case  of  injury  in  the  course  of 
said  employment  and  accept  in  lieu  thereof  the  compensa- 
tion provided  in  said  plan  of  compensation. 

Section  3.     Either  parent  of  any  minor  employee  or  Parent  of 
the  guardian  of  such  minor  may  agree  to  said  plan  of  com-  consent  to 
pensation  in  behalf  of  the  minor.     Such  agreement  shall  ^  ^"'  ^  '^' 
be  in  writing  signed  by  the  employee,  or,  in  the  case  of  a 
minor  employee,  by  either  parent  or  guardian,  in  the  pres- 
ence of  two  witnesses,  of  whom  one  shall  be  an  employee 
at  the  time  of  such  signature. 

Section  4.     No  employer  shall  require  as  a  condition  Conditions,  etc. 
of  employment  that  any  employee  shall  assent  to  any  plan 
of  compensation  or  in  any  way  waive  his  legal  right  to 
recover  damages  for  an  injury  outside  the  provisions  of 
such  plan. 


444 


Acts,  1908.  — Chap.  490. 


No  contract  to 
be  binding  for 
more  than 
one  year. 

Repeal. 


Skction  5.  jSTo  contract  under  such  plan  of  compensa- 
tion shall  be  binding  for  more  than  one  year  from  the  date 
thereof. 

Section  6.  So  much  of  section  sixteen  of  chapter  one 
hundred  and  six  of  the  Revised  Laws  as  is  inconsistent 
herewith  is  hereby  repealed. 

Section  7.     This  act  shall  take  eifect  upon  its  passage. 

Approved  May  5,  1908. 


18S8.  79,  § 
amended. 


CJiCipA90  An  Act  relative  to  the  water  suppey  of  the  town 

OF   BROOKFIELD. 

Be  it  e7iacted,  etc.,  as  foiluws: 

Section  1.  Section  two  of  chapter  seventy-nine  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-eight  is  hereby 
amended  by  inserting  after  the  word  ''  sources  ",  in  the 
twelfth  line,  the  words :  —  and  for  the  purposes  aforesaid 
may  also  take,  or  acquire  by  purchase  or  otherwise  from 
Lake  Lashaway,  so-called,  otherwise  known  as  Furnace 
pond,  situated  in  Brookfield  and  North  Brookfield,  a  quan- 
tity of  water  not  exceeding  in  the  aggregate  one  hundred 
thousand  gallons  per  day,  and  also  lands,  easements,  water 
and  water  rights  connected  with  such  lands,  and  any  springs 
and  streams  percolating  or  running  through  the  same  and 
situated  in  the  town  of  ISTorth  Brookfield,  lying  adjacent 
to  the  westerly  and  northerly  shores  of  said  Lake  Lasha- 
way, —  and  by  inserting  after  the  word  "  works  ",  in  the 
twenty-second  line,  the  words :  —  and  may  obtain  water 
supply  from  or  upon  the  land,  rights  and  easements  taken 
or  held  as  aforesaid  by  means  of  driven,  artesian  or  other 
wells,  or  by  taking  and  diverting  for  the  purposes  afore- 
said water  from  said  Lake  Lashaway,  or  otherwise,  —  so 
as  to  read  as  follows :  —  Section  2.  The  said  town  for 
the  purposes  aforesaid,  and  for  the  purpose  of  obtaining  a 
supply  of  water,  may  draw  and  convey  directly  from  the 
springs  and  water  sources  connected  with  the  land  ])ur- 
chased  by  said  town  from  Albert  C.  King,  and  situated  in 
the  northerly  part  of  said  town  and  from  any  lands  con- 
tiguous thereto ;  and  it  may  take  by  purchase,  or  otherwise, 
and  hold  any  water  rights  connected  with  said  lands  and 
any  springs  and  streams  percolating  or  running  through 
the  same,  and  the  water  of  any  ponds  or  water  sources 
within  the  limits  of  said  town,  and  the  water  rights  con- 


May  take  cer- 
tain waters, 
etc. 


Acts,  1908.  — Chap.  490.  445 

nected  with  any  of  said  sources,  and  for  the  purposes  May  take  cer- 
aforesaid  may  also  take,  or  acquire  by  purchase  or  other-  etc. 
wise  from  Lake  Lashaway,  so-called,  other\vise  known  as 
Furnace  pond,  situated  in  Brooklield  and  ISTorth  Brook- 
field,  a  quantity  of  water  not  exceeding  in  the  aggregate 
one  hundred  thousand  gallons  per  day,  and  also  lands, 
easements,  water  and  water  rights  connected  with  such 
lands,  and  any  springs  and  streams  percolating  or  running 
through  the  same  and  situated  in  the  town  of  ^orth  Brook- 
field,  lying  adjacent  to  the  westerly  and  northerly  shores 
of  said  Lake  Lashaway,  and  also  all  lands,  rights  of  way 
and  easements  in  said  town  of  Brookfield  and  in  the  town 
of  J^forth  Brookfield,  possession  of  which  may  be  necessary 
for  holding  and  preserving  such  water  and  for  conveying 
the  same  to  any  part  of  said  town  of  Brookfield ;  and  may 
erect  upon  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  appliances  as  may  be  necessary  for  the 
establishment  and  maintenance  of  complete  and  effective 
water  works ;  and  may  obtain  water  su])ply  from  or  upon 
the  land,  rights  and  easements  taken  or  held  as  aforesaid 
by  means  of  driven,  artesian  or  other  wells,  or  by  taking 
and  diverting  for  the  purposes  aforesaid  water  from  said 
Lake  Lashaway,  or  otherwise,  and  may  construct  and  lay 
down  conduits,  pipes  and  other  works  under  or  over  any 
lands,  water  courses,  railroads,  or  public  or  private  ways 
and  along  any  such  ways,  in  such  manner  as  when  com- 
pleted shall  not  unnecessarily  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  town  may  dig  up,  raise  and  em- 
bank any  such  lands  or  ways  in  such  manner  as  to  cause 
the  least  hindrance  to  public  travel  and  convenience. 

Section  2.  Section  ten  of  said  chapter  seventy-nine  is  isss,  79,  §  10, 
hereby  amended  by  striking  out  after  the  word  "  ballot  ",  ^™^° 
in  the  third  line,  the  word  "  three  ",  and  inserting  in  place 
thereof  the  word :  —  two,  —  by  striking  out  all  after  the 
word  "  office ",  in  the  same  line,  to  and  including  the 
word  "  years  ",  in  the  ninth  line,  and  inserting  in  place 
thereof  the  words :  —  one  for  the  term  of  three  years  and 
one  for  the  term  of  two  years  from  the  next  succeeding 
annual  town  meeting,  who  with  the  present  board  shall 


U(d 


Acts,  1908.  — Chap.  490. 


Water  com- 
missioners, 
election,  etc. 


1888,  79  §  11, 
amended. 


constitute  the  board  of  water  commissioners;  and  at  the 
first  annual  town  meeting  thereafter  shall  elect  by  ballot 
one  person  to  hold  office  for  the  term  of  three  years,  and 
at  each  annual  town  meetino-  thereafter  the  successor  or 
successors  shall  be  elected  by  ballot  for  the  term  of  three 
years,  —  and  by  striking  out  the  following  words  at  the 
end  of  the  section,  "  Any  vacancy  occurring  in  said  board 
from  any  cause  may  be  filled  for  the  remainder  of  the  un- 
expired term  in  the  manner  provided  by  section  twenty- 
two  of  chapter  forty-four  of  the  Public  Statutes  for  filling 
vacancies  occurring  in  school  committees  ",  and  inserting 
in  place  thereof  the  words :  —  Any  vacancy  occurring  in 
said  board  from  any  cause  shall  be  filled  until  the  next 
annual  town  meeting  in  the  manner  provided  by  section 
three  hundred  and  eighty-nine  of  chapter  five  hundred  and 
sixty  of  the  acts  of  the  year  nineteen  hundred  and  seven, 
—  so  as  to  read  as  follows :  —  Section  10.  The  said  town 
shall,  after  its  acceptance  of  this  act  at  a  legal  meeting 
called  for  the  purpose,  elect  by  ballot  two  persons  to  hold 
office,  one  for  the  term  of  three  years  and  one  for  the  term 
of  two  years  from  the  next  succeeding  annual  town  meet- 
ing, who  with  the  present  board  shall  constitute  the  board 
of  water  commissioners;  and  at  the  first  annual  to^vn  meet- 
ing thereafter  shall  elect  by  ballot  one  person  to  hold  office 
for  the  term  of  three  years,  and  at  each  annual  town  meet- 
ing thereafter  the  successor  or  successors  shall  be  elected 
by  ballot  for  the  term  of  three  years.  All  the  authority 
granted  to  the  town  by  this  act,  and  not  otherwise  specially 
provided  for,  shall  be  vested  in  said  board  of  water  com- 
missioners, who  shall  also  have  the  same  power  and  au- 
thority in  regard  to  lands,  water  sources  and  structures 
heretofore  acquired  by  said  town,  for  the  purpose  of  water 
supply;  the  said  commissioners  shall  be  subject  however 
to  such  instructions,  rules  and  regulations  as  said  town 
may  impose  by  its  vote,  and  a  majority  of  said  commis- 
sioners shall  constitute  a  quorum  for  the  transaction  of 
business.  Any  vacancy  occurring  in  said  board  from  any 
cause  shall  be  filled  until  the  next  annual  town  meeting  in 
the  manner  provided  by  section  three  hundred  and  eighty- 
nine  of  chapter  five  hundred  and  sixty  of  the  acts  of  the 
year  nineteen  hundred  and  seven. 

Skction  3.     Said  chapter  seventy-nine  is  hereby  further 
amended  by  striking  out  section  eleven  and  inserting  in 


Acts,  1908.  — Chap.  491.  447 

place  thereof  the  foHowing:  —  Section  11.  Said  commis-  ^^^ater  rates, 
sioners  shall  fix  just  and  equitable  prices  and  rates  for  the 
use  of  water,  and  shall  prescribe  the  time  and  manner  of 
payment.  The  income  of  the  water  works  shall  be  ap- 
plied to  defraying  all  operating  expenses,  interest  charges 
and  payments  on  the  principal  as  they  accrue  upon  any 
bonds,  notes  or  scrip  issued  under  authority  of  this  act. 
If  there  should  be  a  net  surplus  remaining  after  providing 
for  the  aforesaid  charges,  it  shall  be  used  for  such  new 
construction  as  the  water  commissioners  may  determine 
upon,  and  in  case  a  surplus  should  remain  after  payment 
for  such  new  construction,  the  water  rates  shall  be  reduced 
proportionately.  No  money  shall  be  expended  in  new  con- 
struction by  the  water  commissioners  except  from  the  net 
surplus  aforesaid,  unless  the  town  appropriates  and  pro- 
vides money  therefor.  Said  commissioners  shall  annually, 
and  as  often  as  the  town  may  require,  render  a  report  upon 
the  condition  of  the  works  under  their  charge,  and  an 
account  of  their  doings,  including  an  account  of  receipts 
and  expenditures. 

Section  4.     jSTo  source  of  water  supply  for  domestic  sources  of 
purposes  or  lands  necessary  for  the  protection  thereof  shall  under  control 
be  acquired  under  this  act  without  the  consent  of  the  state  hoard  of'^^ 
board  of  health,  and  the  location  of  all  dams,  reservoirs,    ^^^ 
wells  or  other  works  for  collecting,  storing  or  purifjang 
water  shall  be  subject  to  the  approval  of  said  board. 

Section  5.  This  act  shall  take  effect  upon  its  accept-  when  to  take 
ance  by  a  majority  of  the  voters  of  the  town  of  Brook- 
field  present  and  voting  thereon  at  a  legal  town  meeting- 
called  for  the  purpose  within  two  years  after  its  passage, 
but  the  number  of  meetings  so  called  in  any  one  year  shall 
not  exceed  two.  So  far  as  it  relates  to  its  submission  for 
acceptance  by  the  said  town  this  act  shall  take  effect  upon 
its  passage.  Approved  May  5,  100 S. 

An  Act  relative  to  the  publication  of  a  record  of  (7/^^79.491 
massachusetts    troops,    officers,    sailors   and   ma- 
rines in  the  war  of  the  rebellion. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,     Chapter  four  hundred  and  seventv-five  of  1899,475.  §6, 

.,  i         J?    ii  •    1  1  1       T  1        •     ^  .  amended. 

the   acts  oi   the  year   eighteen   hundred    and   nmety-nine, 
being  "  An  Act  to  provide  for  the  publication  of  a  record 


448 


Acts,  1008. 


Chaps.  492,  493. 


Annual  px- 
pendituie. 


of  Massachusetts  troops  and  officers,  sailors  and  marines  in 
the  war  of  the  rebellion  ",  is  hereby  amended  by  striking 
out  section  six  and  inserting  in  place  thereof  the  follow- 
ing :  —  Section  6.  To  carry  out  the  provisions  of  this  act 
the  commission  is  authorized  to  expend  such  sum  of  money 
as  the  general  court  may  annually  appropriate. 

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

Approved  May  5,  1908. 


R.  L.91, 
§  132, 
amended. 


ChapA^'2i  An  Act  to  authorize  the  use  of  seines  for  taking 

HERRING   AND  ALEWIVES. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  thirty-two  of  chapter  ninety- 
one  of  the  Revised  Laws  is  hereby  amended  by  striking 
out  the  words  "  except  eels  and  pickerel,  subject  to  the 
provisions  of  section  sixty-eight,  and  ",  in  the  second  and 
third  lines,  by  striking  out  the  words  "  hand  or  dip  net, 
sweep  seine,  or  salmon  pot  ",  in  the  fifth  and  sixth  lines, 
by  striking  out  the  word  "  set  ",  in  the  seventh  line,  and 
inserting  after  the  word  "  nets ",  in  the  same  line,  the 
words :  —  and  seines,  —  and  by  adding  at  the  end  of  said 
section  the  words :  —  and  nothing  in  this  act  shall  be  con- 
strued to  prohibit  the  spearing  of  that  species  of  fish  com- 
monly known  as  "  suckers  ",  —  so  as  to  read  as  follows :  — 
Section  132.  ^  Whoever  takes  any  fish  which  at  any  season 
frequent  fresh  water,  except  as  otherwise  allowed  in  this 
chapter,  in  any  other  manner  than  by  artificially  or  natu- 
rally baited  hook  and  hand  line,  shall  forfeit  not  less  than 
five  nor  more  than  fifty  dollars;  but  towns  may  permit 
the  use  of  nets  and  seines  for  taking  herring  and  alewives ; 
and  nothing  in  this  act  shall  be  construed  to  prohibit 
the  spearing  of  that  species  of  fish  commonly  known  as 
"  suckers."  Approved  May  5,  1908. 


Penalty  for 
taking  certain 
fish,  etc. 


Chu2).4Q3  Ax  Act  to  regulate  the  taking  of  deposits  by  cer- 
tain   BANKS,    ASSOCIATIONS    AND    PERSONS. 

Be  it  enacted,  etc.,  as  follows: 
^ns^'e'tc^^en-         Section  1.     Evciw  pci'son,  partnership,  association  or 
fng'^ste'rmshVp    corporatiou  now  or  hereafter  engaged  in  selling  steamship 
orraiiroad        qj.  railroad  tickets  for  transportation  to  or  from  foreign 


Acts,  1908.  — Chap.  491.  449 


countries,  or  in  the  supplying  of  laborers,  that,  in  con-  tickets,  etc.. 

7  to    DG  llDClGr 

junction  with,  said  business,  carries  on  the  business  of  re-  the  supeni- 
ceiving  deposits  of  money  for  safe  keeping',  or  for  the  bank  commis- 
purpose  of  transmitting  the  same,  or  equivalents  thereof, 
to  foreign  countries,  or  for  any  other  purpose,  shall  be 
subject  to  examination  and  inspection  by  the  bank  com- 
missioner in  the  manner  described  in  sections  three,  four 
and  five  of  chapter  three  hundred  and  seventy-seven  of  the 
acts  of  the  year  nineteen  hundred  and  seven,  for  the  pur- 
jjose  of  determining  what,  if  any,  bond  it  shall  be  neces- 
sary for  such  person,  partnership,  association  or  corpora- 
tion to  make,  execute  and  deliver  to  the  treasurer  and 
receiver  general  to  cover  money  or  deposits  received  for 
the  aforesaid  purposes.     - 

Section  2,     Xo  bond  required  by  said  act  to  be  deliv-  Bond, 
ered  to  the  treasurer  and  receiver  general  shall  be  accepted 
by  him  nntil  it  has  been  examined  and  approved  by  the 
bank  commissioner. 

Section  3.     This  act  shall  take  eifect  upon  its  passage. 

Approved  May  5,  190S. 


(7Aa^9.494 


Ax  Act  relative  to  the  licensing  of  theateical  ex- 

IIIBITIOJTS,  PUBLIC  SHOWS  AND  AMUSEMENTS  IN  THE  CITY 
OF  BOSTON^. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  mayor  of  Boston,  except  as  provided  Licensing  of 
in  section  forty-six  of  chapter  one  hundred  and  six  of  the  hibitions,  etc., 
Revised  Laws,  shall  grant  a  license  for  theatrical  exhibi-  Boston, 
tions,  public  shows,  public  amusements  and  exhibitions  of 
every  description,  to  which  admission  is  obtained  upon  pay- 
ment of  money  or  upon  the  delivery  of  any  valuable  thing, 
or  by  a  ticket  or  voucher  obtained  for  money  or  any  valu- 
able thing,  upon  such  terms  and  conditions  as  he  deems 
reasonable,  but  there  shall  not  be  charged  a  fee  exceeding 
one  hundred  dollars  for  such  license  when  the  entertain- 
ment, exhibition  or  show  is  given  in  a  building  licensed  as 
a  theatre.     A  license  to  be  exercised  in  a  building  licensed 
as  a  theatre  shall  be  for  a  theatrical  season  and  shall  ex- 
pire on  the  first  day  of  August  of  each  year. 

Section   2.      If  at   anv  time  under   a  license   granted  License  may 

1  1  1  1     n   1         '•  1  •      1         1  M  •    •  1       "®  suspended, 

hereunder  there  shall  be  given  a  theatrical  exhibition,  pub-  etc. 


450  Acts,  1908.  —  Chaps.  495,  496. 

lie  show,  j)iiblic  ainusement  or  exhibition,  anv  part  of 
which,  in  the  opinion  of  both  the  mayor  and  the  police 
commissioner  of  Boston,  is  obscene  or  immoral  or  tends  to 
injure  the  morals  of  the  community  and  is  not  eliminated 
at  the  request  of  the  mayor,  then  he  may  suspend  the  li- 
cense for  such  2:)articular  representation. 

Repeal.  Section  3.    All  acts  and  parts  of  acts  inconsistent  here- 

with are  hereby  repealed. 

Sm.  ^°  '^^^         Section  4.     This  act  shall  take  effect  on  the  first  day 
of  August  in  the  year  nineteen  hundred  and  eight. 

Approved  May  5,  190S. 

ChapAQ5  Ax  Act  relative  to  the  use  of  torpedoes  axd  other 

EXPLOSIVES  BY  RAILROAD  AXD  RAILWAY  CORPOR-VTIOXS. 

Be  it  enacted,  etc.,  as  folloivs: 

raUroadTrkcks.       Sectioj?  1.     It  shall  be  unlawful  for  a  railroad  or  rail- 
^*<=-  way  corix)ration  and  for  any  officer  or  employee  thereof  to 

use  or  deposit  a  torj^edo  or  other  explosive  upon  or  near 
the  tracks  of  any  railroad  or  railway  for  the  purpose  of 
sigTialling  or  otherwise,  unless  there  is  plainly  and  con- 
spicuously stamped  or  otherwise  permanently  marked 
tliereon  in  a  manner  approved  by  the  board  of  railroad 
commissioners  a  word  or  words  indicating  that  such  tor- 
pedo or  other  explosive  is  dangerous. 
Sec"  *°  **^^  Sectiox  2.  This  act  shall  take  effect  on  the  first  day 
of  October  in  the  year  nineteen  hundred  and  eight. 

Approved  May  5,  190S. 

(7/?«j9.496  Ax  Act  to  increase  the  salary  of  the  presext  cor- 

PORATIOX   CLERK   IN   THE   OFFICE   OF   THE    SECRETARY   OF 
the  COMMOXWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

established.  Sectiox  1.     The  salary  of  the  present  eorjwration  clerk 

in  the  office  of  the  secretary  of  the  commonwealth  shall  be 
two  thousand  dollars  a  year,  to  be  so  allowed  from  th^ 
first   day  of  January  in  the  year  nineteen  hundred   and 
eight. 
Repeal.  Sectiox  2.     All  acts  and  parts  of  acts  inconsistent  here- 

with are  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  6,  190S. 


Acts,  1908.  — Chaps.  497,  498.  451 


An  Act   to  establish  the   salary  of  the  assistant  (JJiavAdl 

MESSENGER    OF    THE    EXECUTIVE    DEPARTMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  salary  of  the  assistant  messenger  for  Salary 
the  executive  department  shall  be  one  thousand  dollars  a 
year,  to  l)e  so  allowed  from  the  first  day  of  January  in  the 
year  nineteen  hundred  and  eight. 

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

Approved  May  6,  WOS. 

An  Act  to  authorize  cities  and  towns  to  establish  (JJku)  498 
pension  funds  for  teachers  in  the  public  schools. 

Be  it  enacted,  etc.,  as  foUoirs: 

Section  1.     In  anv  citv  or  town,  except  the  citv  of  Pension  funds 

•■•  <-  ^    ^  "  ^   i  "  ^  for  teachers  in 

Boston,  which  accepts  the  provisions  of  this  act  a  pension  public  schools, 
fund  shall  be  established  for  the  retirement  of  teachers  in 
the  public  schools.  The  fund  shall  be  derived  from  such 
revenues  as  may  be  devoted  to  the  purpose  by  the  city 
council  of  a  city  or  by  direct  appropriation  by  a  to^vn. 
The  treasurer  of  the  city  or  town  shall  be  the  custodian  of 
the  fund,  and  shall  make  annual  or  semi-annual  payments 
therefrom  to  such  persons  and  of  such  amounts  as  shall  be 
certified  to  him  by  the  school  committee. 

SECTiojf  2.  The  school  committee  of  any  city  or  town  Retirement  of 
which  shall  accept  the  provisions  of  tliis  act  may  retire  ^^'^'^  ^^'■^' ^*<=- 
from  active  service  and  place  upon  the  pension  roll,  any 
teacher  of  such  city  or  to\\ai  who  is  sixty  years  old  or  over, 
or  is,  in  the  judgment  of  said  committee,  incapacitated  for 
useful  service,  and  who  has  faithfully  served  such  city  or 
town  for  twenty-five  years.  The  amount  of  the  annual 
pension  allowed  to  any  person  under  the  provisions  of  this 
act  shall  not  exceed  one  half  of  the  annual  compensation 
received  by  such  person  at  the  time  of  such  retirement 
and  in  no  case  shall  exceed  five  hundred  dollars. 

Section  3.     Uix)n  the  petition  of  not  less  than  five  per  Acceptance  of 
cent  of  the  legal  voters  of  any  city  or  town,  this  act  shall  ^''^' 
be  submitted,  in  case  of  a  city,  to  the  voters  of  such  city 
at  the  next  city  election,  and,  in  case  of  a  town,  to  the 
voters  of  such  town  at  the  next  annual  town  meeting,  and 
the  vote  shall  be  in  answer  to  the  question,  to  be  placed 


4:52 


Acts,  1908.  — Chap.  499. 


When  to  take 
effect. 


upon  the  ballot :  —  Shall  an  act  passed  by  the  general  court 
in  the  year  nineteen  hundred  and  eight,  entitled  "  An  Act 
to  authorize  cities  and  towns  to  establish  pension  funds  for 
teachers  in  the  public  schools  '',  be  accepted  ?  and  if  a  ma- 
jority of  the  voters  voting  thereon  at  such  election  or  meet- 
ing shall  vote  in  the  affirmative  this  act  shall  take  effect 
in  such  city  or  town. 

Section  4.  So  much  of  this  act  as  authorizes  its  sub- 
mission to  the  voters  of  a  city  or  town  shall  take  effect 
upon  its  passage,  but  it  shall  not  take  further  effect  in  any 
city  or  town  until  accepted  by  the  voters  thereof  as  herein 
provided. 

(The  foregoing  was  laid  before  the  Lieutenant  Governor, 
Acting  Governor,  on  the  thirtieth  day  of  Apynl,  1908,  and 
after  five  days  it  had  "  the  force  of  a  law  " ,  as  prescribed 
by  the  Constitution,  as  it  was  not  returned  by  him  with  his 
objections  thereto  within  that  time.) 


Chcip.4S)d  Ax  Act  to  provide  for  the  protectiox  of  sources  of 

AVATER  SUPPLY. 


Protection  of 
sources  of 
water  supply. 


Description  of 
lands,  etc.,  to 
be  taken  to  be 
recorded,  etc. 


Lands,  etc.,  to 
be  under  con- 
trol of  water 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Cities,  towns  and  fire  districts  duly  estab- 
lished by  legislative  authority  may,  with  the  consent  and 
approval  of  the  state  board  of  health,  given  after  due 
notice  and  a  hearing,  take,  or  acquire  by  purchase  or  other- 
wise, and  hold  any  lands,  buildings,  rights  of  way  and 
easements  within  the  watershed  of  any  pond,  stream,  res- 
ervoir, well  or  other  water  used  by  them  as  a  source  of 
water  supply,  which  said  board  may  deem  necessary  to 
protect  and  preserve  the  purity  of  the  water  supply. 

Section  2.  If  any  lands,  buildings,  rights  of  way  or 
easements  are  taken  under  authority  hereof  the  city,  town 
or  fire  district  shall,  Avithin  ninety  days  thereafter,  file  and 
cause  to  be  recorded  in  the  registry  of  deeds  for  the  county 
or  district  in  which  the  same  are  situated,  a  description 
thereof  sufficiently  accurate  for  identification,  with  a  state- 
ment of  the  purpose  for  which  the  same  are  taken,  signed 
by  the  water  commissioners  of  said  city,  town  or  district. 
Upon  the  filing  of  said  description  and  statement  the  title 
in  fee  simple  to  the  lands,  buildings,  rights  or  easements 
so  taken,  shall  vest  in  the  city,  town  or  district.  All  lands 
taken,  purchased  or  otherwise  acquired  under  the  provi- 


Acts,  1908.  — Chap.  499.  453 

sions  of  this  act  shall  he  under  the  control  of  the  hoard  of  ^^f™^^^' 
water  commissioners  of  the  city,  town  or  district  acquiring 
the  same,  who  shall   manage  and  improve  them   in  such 
manner  as  thev  shall  deem  for  the  best  interest  of  the  eitv, 
town  or  district. 

Sectio]N'  o.  Cities,  towns  and  districts  shall  pay  all  Damages, 
damages  sustained  by  any  person  or  corporation  by  the 
taking  of  any  lands,  buildings,  rights  or  easements  under 
the  authority  of  this  act ;  and  if  the  parties  cannot  agree 
upon  the  amount  of  the  same,  they  may  be  recovered  in 
the  manner  provided  by  law  in  the  case  of  land  taken  for 
the  laying  out  of  highways:  jwovided,  that  application  proviso, 
therefor  is  made  within  three  years  after  the  said  taking. 

Sectiox  4.     All  damages  to  be  j^aid  by  a  city,  town,  or  Damages  to  be 
district  by  reason  of  any  act  done  under  the  authority  of  proceeds  of 
this  act  may  be  paid  out  of  the  proceeds  of  the  sale  of  any    '^^  ^'  *'*"^" 
bonds  authorized  by  law  to  be  issued  by  such  city,  town  or 
district   for  water  supply  purposes  or  from   any  surplus 
income  of  the  water  works  available  for  the  purpose. 

Sectiox  5.  After  the  actual  taking  by  a  city,  town  or  valuation  of 
fire  district  of  property  in  another  city  or  town  for  the  etc. 
i^urposes  of  this  act,  the  same  may  be  valued  by  the  assess- 
ors of  the  city  or  town  in  which  such  property  is  situated 
on  the  basis  of  the  average  of  the  assessed  value  of  the  land 
and  buildings  for  the  three  years  preceding  the  acquisition 
thereof,  the  valuation  for  each  year  being  reduced  by  all 
abatements  thereon ;  but  any  part  of  such  land  or  build- 
ings from  which  any  revenue  in  the  nature  of  rent  is  re- 
ceived shall  be  subject  to  taxation,  and  the  city,  town  or 
fire  district  acquiring  such  property  shall  pay  to  the  city 
or  town  in  which  it  is  situated  taxes  or  sums  in  lieu  of 
taxes  at  the  rate  per  thousand  of  all  taxes  in  such  city  or 
town  for  that  year  on  the  valuation  so  determined.  Cases 
of  dispute  as  to  valuations  arising  under  this  act  shall  be 
governed  by  the  provisions  of  sections  eleven  and  twelve 
of  chapter  twelve  of  the  Revised  Laws,  and  of  all  amend- 
ments thereof  now  or  hereafter  made. 

Sectiox  6.     All  acts  and  parts  of  acts  relating  to  the  Repeal, 
acquirement  of  lands  by  cities  or  towns  for  the  protection 
of  water  supplies  inconsistent  herewith  are  hereby  repealed. 

Sectiox  T.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  7 ,  190 S. 


454 


Acts,  1908.  — Chap.  500. 


School  com- 
mittee, city 
of  Salem. 


Chap.500  Ax  Act  to  reduce  the  kumbee  of  the  school  com- 
mittee OF  THE   CITY  OF  S^\XEM  TO   SEVEN   MEMBERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  school  committee  of  the  city  of  Salem 
shall  hereafter  coiisist  of  seven  members,  six  of  whom  shall 
be  elected  in  the  following  manner :  —  At  the  first  munic- 
ipal election  held  after  this  act  has  taken  effect,  as  herein- 
after provided,  the  qualified  voters  of  each  ward  shall  elect 
one  of  the  inhabitants  of  the  ward  to  be  a  member  of  said 
committee.  The  members  so  elected  from  wards  one  and 
six  shall  hold  their  offices  for  the  term  of  one  year  from 
the  first  Monday  of  January  next  following  their  election ; 
the  members  so  elected  from  wards  two  and  three  shall 
hold  their  offices  for  the  term  of  two  years  from  said  first 
Monday  of  January;  and  the  members  so  elected  from 
wards  four  and  five  shall  hold  their  offices  for  the  term 
of  three  years  from  said  first  Monday  of  January.  At 
every  subsequent  annual  municipal  election  the  qualified 
A'oters  of  each  of  those  wards  from  which  the  members 
whose  terms  of  oflfice  are  about  to  expire  were  elected,  shall 
elect  an  inhabitant  of  such  ward  as  a  member  of  said  com- 
mittee to  serve  for  the  term  of  three  years  from  the  first 
Monday  of  January  next  following  his  election.  The 
mayor  shall  be  a  member,  ex  officio,  of  the  committee  and 
chairman  thereof.  Vacancies  in  the  committee  arising 
from  the  death,  resignation,  or  otherwise,  of  a  member 
from  any  ward,  shall  be  filled  as  aforesaid  for  the  unex- 
pired term  at  the  next  annual  municipal  election.  The 
school  committee  shall  serve  without  compensation. 

Section  2.  The  persons  elected  as  aforesaid,  and  the 
mayor,  ex  officio,  shall  annually,  upon  the  first  Monday  of 
January,  or  as  soon  thereafter  as  may  be,  meet  and  or- 
ganize ;  and  upon  the  organization  of  the  committee  first 
chosen  under  the  provisions  of  this  act,  the  terms  of  office 
of  the  members  of  the  present  school  committee  of  the 
city  of  Salem  shall  terminate,  and  said  members  shall 
cease  to  have  or  exercise  any  authority  conferred  upon  the 
school  committee  of  said  city  by  section  two  of  chapter 
one  hundred  and  twenty-nine  of  the  acts  of  the  year  eight- 
een hundred  and  fifty-eight  or  by  any  other  provision  of 
law. 


Filling  of 
vacancies. 


First  meeting 
of  committee. 


Acts,  1908.  — Chap.  501.  455 

Section    3.      The   members    of    the   school    committee  New  com- 
elected  in  accordance  with  the  provisions  of  this  act,  and  rucdssors  o^f 
the  mayor,  ex  officio,  shall  be  the  successors  of  the  present  ^Ttee^euT' 
school  committee  of  the  city,  and  shall  have  and  perform 
all  the  powers  and  duties  now  or  hereafter  conferred  or 
imposed  by  law  upon  the  school  committee  of  said  city. 

Sectioin'  4.     So  much  of  any  act  as  is  inconsistent  here-  Repeal, 
with  is  hereby  repealed. 

Section  5.     This  act  shall  be  submitted  to  the  voters  To  be  sub- 
of  the  city  at  the  next  annual  state  election,  and  the  form  votereoAhe 
of  the  question  to  be  placed  upon  the  ballot  shall  be  as  ceptance**^' 
follows :  —  Shall  an  act  of  the  general  court  passed  in  the 
year  nineteen  hundred  and  eight,  entitled  "  An  Act  to  re- 
duce the  number  of  the  school  committee  of  the  city  of 
Salem  to  seven  members  ",  be  accepted  ?  and  if  a  majority 
of  the  voters  voting  thereon  at  said  election  shall  vote  in 
the  affirmative  this  act  shall  take  effect. 

SECTio:«f  0.     So  much  of  this  act  as  authorizes  its  suV  when  to  take 
mission  to  the  voters  of  the  city  shall  take  effect  upon  its 
passage,  but  it  shall  not  take  further  effect  until  accepted 
as  herein  provided.  Approved  May  7,  190S. 

Ax  Act  to  establish  a  part  of  the  harbor  line  ix  (JJiart.^O'i. 

GLOUCESTER  HARBOR. 

Be  it  enacted,  etc.,  as  folio ivs: 

Section  1.     The  followine:  described  line  is  established  Partof  harbor 

f^_  hne  m 

as  a  part  of  the  harbor  line  in  the  harbor  of  Gloucester,  Gloucester 

,         ,  .    ,  ,  .         .  1      n    1        estabbshed. 

beyond  which  no  wharf,  pier  or  other  structure  shall  be 
extended  into  the  tide  waters  of  the  commonwealth :  — 
The  line  begins  at  a  point  in  the  harbor  line,  established  ^^J^°l  ^^^^ 
by  chapter  one  hundred  and  twenty-four  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-six,  which  point  is  one 
hundred  and  forty  feet  northerly  from  monument  "  E  ", 
described  in  said  act,  and  two  hundred  and  eighty-nine 
feet  westerly  from  the  northeasterly  corner  of  the  most 
northerly  of  the  three  marine  railway  wharves  at  the  east- 
erly end  of  Rocky  Xeck ;  thence  southwesterly,  five  hun- 
dred and  eighty-three  feet ;  thence,  deflecting  southerly  on 
an  arc  of  a  circle  tangent  to  the  last  described  line  and 
with  a  radius  of  one  hundred  and  thirty-eight  feet,  a  dis- 
tance of  eighty-nine  feet  to  a  point  in  the  extension  north- 
westerly of  the  northeasterlv  side  line  of  the  wharf  of  the 


456 


Acts,  1908.  — Chap.  502. 


Harbor  line 
defined. 


Former  line 
superseded. 


Gloucester  Salt  Fish  Company,  on  Rocky  Xeck;  thence 
southwesterly,  four  hundred  and  ninety-one  feet,  in  a 
straight  line  tangent  to  the  curve  last  described,  to  the  pro- 
longation northwesterly  of  the  southwesterly  side  line  of 
Terrau  street,  at  a  point  three  hundred  and  forty-seven 
feet  northwesterly  from  the  northwesterly  side  line  of 
Clarendon  street ;  thence  southwesterly,  on  an  arc  of  a 
circle  curving  westerly  tangent  to  the  last  described  line 
and  having  a  radius  of  eleven  hundred  and  twenty-five 
feet,  a  distance  of  three  hundred  and  seventy-eight  feet  to 
a  point  one  hundred  and  twenty-seven  feet  from  the  face 
of  the  sea  wall  on  the  northerly  side  of  the  road  leading 
to  Tarr  and  AVonson's  copper  paint  factory,  measuring  at 
right  angles  thereto  from  a  point  two  hundred  and  fifteen 
feet  northwesterly  from  the  intersection  of  said  sea  wall 
with  the  westerly  side  line  of  Wonson  street  extended ; 
thence  southwesterly  aliout  five  hundred  and  fifty-four  feet 
to  a  point  in  the  harbor  line  established  by  said  chapter 
one  hundred  and  twenty-four,  described  therein  as  thirty 
feet  north  of  the  iron  beacon  on  Black  Rook. 

Section  2.  The  harbor  line  heretofore  established  upon 
that  part  of  the  harbor  frontage  covered  by  this  act  is 
superseded  by  the  line  hereby  established. 

Sectiox  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  1 ,  190S. 


Chap.502   -^^     -^CT     RELATIVE     TO     EXPLOSIVES     AXD     IXFLAMMABLE 

FLUIDS. 


1904,  370,  §  3. 
etc.,  amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  three  hundred  and 
seventy  of  the  acts  of  the  year  nineteen  hundred  and  four, 
as  amended  by  chapter  two  hundred  and  eighty  of  the  acts 
of  the  year  nineteen  hundred  and  five,  is  hereby  further 
amended  by  striking  out  said  section  and  inserting  in  place 
Buildings,  etc.,  thereof  the  following:  —  Section  3.     Xo  buildins;  or  other 

not  to  be  used  ini  ^i-  •,  .  i-^iii 

for  storage,  structurc  Shall  DC  uscd  lu  aiiv  City  or  town  lor  tne  Keej> 
inff,  storage,  manufacture  or  sale  of  anv  of  the  articles 
named  in  section  two  unless  the  mayor  and  aldermen  or 
selectmen  have  granted  a  license  therefor  for  one  year 
from  the  date  thereof  after  a  public  hearing,  fourteen 
days'  public  notice  of  which  shall  be  given  at  the  exjx^nse 
of  the  applicant,   and   unless   a  permit   shall  be  granted 


etc.,  -without 
a  license,  etc 


Acts,  1908.  — Chap.  503.  457 

therefor  by  the  chief  of  the  district  police,  or  by  some 
official  or  officials  designated  by  the  said  chief  for  that 
purpose:  provided,  however,  that  any  building  or  other  Proviso, 
structure  once  used  under  a  license  and  permit  granted 
as  aforesaid  or  any  building  or  other  structure  lawfully 
used  for  any  of  said  purposes  may  be  continued  in  such 
use  from  year  to  year  if  the  owner  or  occupant  thereof 
shall,  while  such  use  continues,  annually  file  for  registra- 
tion a  certificate,  reciting  such  use  and  occupancy,  with 
the  city  or  town  clerk  of  the  city  or  town  where  such 
building  or  other  structure  is  situated  and  with  the  chief 
of  the  district  police,  or  the  official  designated  by  him  to 
grant  permits  in  such  city  or  town.  The  right  to  use  a 
building  or  other  structure  for  any  of  said  purposes  may 
be  revoked  for  cause  after  notice  and  hearing  given  to 
such  owner  or  occupant  at  any  time  by  the  mayor  and 
aldermen  or  selectmen  having  authority  to  grant  licenses 
for  such  use,  or  may  be  revoked  for  cause  after  notice  and 
hearing  given  to  such  owner  or  occupant  at  any  time  by 
the  chief  of  the  district  police,  A  fee  of  one  dollar  may  Fee  for 
be  charged  for  the  license  and  a  like  sum  for  the  permit 
herein  provided  for,  and  one  half  of  said  sum  for  the 
registration  of  the  said  certificate.  Such  building  or  struc- 
ture shall  always  be  subject  to  such  alterations  in  construc- 
tion and  such  regulations  of  such  use  for  protection  against 
fire  or  explosion  as  the  detective  and  fire  inspection  de- 
partment of  the  district  police  may  from  time  to  time 
prescribe. 

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

Approved  May  1 ,  190S. 

Ax  Act  to  authorize  the  city  of  boston  to  pay  a  sum  rij^f^q^  p:()Q 

OF  money  to  the   mother  of  EDWARD  D.   SPELLMAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Boston  is  hereby  authorized  to  city  of  Boston 
pay  to  Catherine  Spellman,  mother  of  Edward  D.  Spell-  f^^^tLoney 
man  late  member  of  the  common  council  of  that  citv,  the  *?  l^f  "^"iH?"" 

•    ■  or  Eclward  U. 

amount  of  salary  to  which  he  would  have  been  entitled  if  Speiiman. 
he   had   lived   and   completed  his   term   of   office   as   such 
member. 

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

Approved  May  7,  1908. 


license. 


4.58 


Acts,  1908.  — Chaps.  504,  505. 


Chaj).504:  Ax  Act  relative  to  the  charges  for  storage  of  bag- 
gage  BY    RAILROAD    CORPORATIONS. 


7.  §  1. 


1907,  28 
amended 


Storage  of 
baggage  by 
railroad  cor- 
porations. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  two  hundred  and 
eighty-seven  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  striking  out  the  words  "  the 
forenoon  ",  in  the  fourth  line,  and  inserting  in  place 
thereof  the  words :  —  twelve  o'clock  noon,  —  so  as  to  read 
as  follows:  —  Section  1.  Xo  charge  shall  be  made  by 
railroad  corporations  for  the  care  or  storage  of  baggage 
left  at  or  arriving  in  railroad  stations  upon  Friday,  for 
the  period  of  time  between  Friday  and  twelve  o'clock  noon 
of  the  following  Monday. 

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

Approved  May  1 ,  1908. 


R.  L.  116, 
§  IS,  etc., 
amended. 


Chap.505  An  Act  to  authorize  the  appointment  of  trust  com- 
panies AS  CONSERVATORS  OF  THE  PROPERTY  OF  PERSONS 

incapacitated  by  age  or  mental  weakness. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eighteen  of  chapter  one  hundred 
and  sixteen  of  the  Revised  Laws,  as  amended  by  chapter 
one  hundred  and  sixteen  of  the  acts  of  the  year  nineteen 
hundred  and  eight,  is  hereby  further  amended  by  striking 
out  the  words  "  aged  persons  ",  in  the  sixth  line,  and  in- 
serting in  place  thereof  the  words:  —  persons  incapaci- 
tated by  age  or  mental  weakness,  —  and  by  inserting  after 
the  word  "  this ",  in  the  last  line  of  said  section  as 
amended,  the  word :  —  section,  —  so  as  to  read  as  follows : 
—  Section  IS.  Such  corporation  may  be  appointed  execu- 
tor of  a  will,  codicil  or  writing  testamentary,  administra- 
tor with  the  will  annexed,  administrator  of  the  estate  of 
any  j)erson,  receiver,  assignee,  guardian,  or  trustee  under 
a  will  or  instrument  creating  a  trust  for  the  care  and  man- 
agement of  pro]Terty,  or  conservator  of  the  property  of  per- 
sons incapacitated  by  age  or  mental  weakness,  under  the 
provisions  of  section  forty  of  chapter  one  hundred  and 
forty-five  of  the  Revised   Laws,   as   amended,   under  the 


Trust  com- 
panies may  be 
appointed  ex- 
ecutors, ad- 
ministrators, 
etc. 


Acts,  1908.  — Chap.  506.  459 

same  circumstances,  in  the  same  manner,  and  subject  to 
the  same  control  by  the  conrt  having  jurisdiction  of  the 
same,  as  a  legally  qualified  person.  Any  such  appoint- 
ment as  guardian  shall  apply  to  the  estate  and  not  to  the 
person  of  the  ward.  Such  corporation  shall  not  be  re- 
quired to  receive  or  hold  property  or  money  or  assume  or 
execute  a  trust  under  the  provisions  of  this  section  or  of 
section  sixteen  without  its  assent. 

Sectio:^  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  8,  190S. 


K^  Act  to  authorize  the  town  of  greexfield  to  ac-  QJiap.50(y 

QUIRE     THE     FRAXCHISE    AXD    PROPERTY    OF    GREEXFIELD 
FIRE  DISTRICT   XUMBER   OXE. 

Be  it  enacted,  etc.,  as  foJIorrs: 

Sectiox  1.     The  towTi  of  Greenfield  is  hereby  author-  The  town  of 

T  1  T     T      1  T      J^  f  1   '  1  J.      Greenfield  may 

ized   to   purchase   and   hold   the   franchise    and   corporate  purchase  the 

property  and  all  the  rights  and  privileges,  on  condition  of  ofcreenfieVf' 

assuming  all  the  debts,  obligations  and  liabilities,  of  the  Nmnbefonl, 

Fire  District  Xumber  One  of  said  Greenfield  at  a  price  «*"=• 

which  may  be  agreed  upon  by  said  town  and  district,  and 

the  fire  district  may  sell  and  convey  the  same  to  the  town. 

In  case  said  town  and  district  are  unable  to  agree  as  to 

the  amount  to  l^e   paid  for  the  said  franchise,   property, 

rights  and  privileges,  then  the  amount  shall  be  determined 

by  three  commissioners  to  be  appointed  by  the  suiTerior 

court  upon  application  of  either  party  and  notice  to  the 

other,  and  the  award  of  said  commissioners  when  accepted 

by  the  court  shall  be  final  and  binding  upon  all  parties. 

Sectiox  2.     Upon  the  execution  of  said  conveyance  all  J^'^.'^*/t' in  uie 
the  rights,    privileges   and  liabilities   of  said  fire   district  Q^eenfidd. 
shall  vest  in  and  be  assumed  by  the  town  of  Greenfield, 
and  said  town  may  supply  water  to  all  the  inhabitants  of 
said  town  and  to  others,  subject  to  all  the  duties,  restric- 
tions and  liabilities  applicable  to  said  fire  district. 

Sectiox  3.     The  authority  to  purchase  and  to  convey  vote  on  ques- 
said  property  is  granted  on  the  condition  that  the  same  is  ceptance°' 
assented  to  by  said  town  and  district  by  a  two  thirds  vote 
of  the  voters  of  said  trmm  and  of  said  district  present  and 
voting  thereon  at  a  meeting  duly  called  for  that  purpose 


460  Acts,  1908.  — Chaps.  507,  508. 

within  one  year  after  the  passage  of  this  act.  For  the 
purpose  of  submitting  the  question  of  the  purchase  and 
conveyance  of  said  franchise  to  the  voters  of  said  town 
and  district,  this  act  shall  take  effect  upon  its  passage. 

Approved  May  8,  1908. 


Chap.oOl  Ax  Act  to  authorize  the  appoixtmext  of  a  clerk  of 

THE  EXECUTIVE  DEPARTMENT  OF  THE   COMMOX'WEALTH. 

Be  it  enacted,  etc.,  as  follows: 
Clerk  execu-  Section  1.     The  ffoveriior,  with  the  advice  and  consent 

tive  dejiart-  o  ' 

ment  of  the       of  the  couucil,  luav  apooiut  a  clerk  of  the  executive  de- 

common-  *-         -^  •*- 

wealth,  ap-       partmeut  of  the  commonwealth,  who  shall  hold  office  dur- 

pointment,  etc.    'it  pi  iin  •  i 

ing  the  pleasure  oi  the  governor  and  shall  receive  such 
compensation  for  his  services,  not  exceeding  twelve  hun- 
dred dollars  a  year,  as  the  governor  and  council  may  de- 
termine. 
Repeal.  Sectiox  2.     So  much  of  scctiou  eight  of  chapter  four 

of  the  Revised  Laws,  as  amended  by  chapter  eighty-eight 
of  the  acts  of  the  year  nineteen  hundred  and  four,  as  is 
inconsistent  herewith  is  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

A  Improved  May  11,  1908. 


Chap.bOS  Ax  Act  to  establish  the  salary  of  the  ex'grossing 

CLERK  in   the   OFFICE   OF   THE    SECRETARY  OF   THE  COM- 
MONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

fs^tabLhed  Section  1.     The  salary  of  the  present  engrossing  clerk 

in  the  office  of  the  secretary  of  the  commonwealth  shall  be 
sixteen  hundred  dollars  a  year,  to  be  so  allowed  from  the 
first  day  of  January  in  the  year  nineteen  hundred  and 
eight. 

Repeal.  Section  2.     So  mucli  of  any  act  as  is  inconsistent  here- 

with is  hereby  repealed. 

Section  3.  This  act  shall  take  effect  upon  its  passage. 
{The  foregoing  was  laid  before  the  Lieutenant  Gov- 
ernor, Acting  Governor,  on  the  fifth  day  of  May,  1908, 
and  after  five  days  it  had  "  the  force  of  a  law  ",  as  pre- 
scribed by  the  Constitution,  as  it  was  not  returned  by  him 
with  his  objections  thereto  within  that  ti)ne.) 


Acts,  1908.  — Chap.  509.  461 


An  Act  eelative  to  the  purposes  for  which  insur-  nhn^j  5()9 

ANCE   COMPANIES   MAY   BE    ORGANIZED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirty-two  of  chapter  five  hundred  i^o?,  576.  s  32, 

^     ,  .  Ill    ®^'^'  amended. 

and  seventy-six  ol  the  acts  01  the  year  nineteen  hundred 
and  seven,  as  amended  by  chapter  two  hundred  and  forty- 
eight  of  the  acts  of  the  year  nineteen  hundred  and  eight, 
is  hereby  further  amended  by  inserting  after  the  word 
"  ensuing  ",  in  the  second  line  of  clause  First,  the  words : 

—  explosion,  no  tire  ensuing,  —  by  adding  at  the  end  of 
clause  Second,  the  words :  —  also  to  insure  against  loss 
or  damage  to  motor  vehicles,  their  fittings  and  contents, 
whether  such  vehicles  are  being  operated  or  not,  and  wher- 
ever the  same  may  be,  resulting  from  accident,  collision, 
or  any  of  the  perils  usually  insured  against  by  marine  in- 
surance,  including  inland  navigation  and  transportation, 

—  and  by  striking  out  the  word  "  and  ",  in  the  last  line 
of  clause  Tenth,  and  inserting  in  place  thereof  the  word: 

—  or,  —  so  that  the  clauses  of  said  section  hereby  amended, 
being  clauses  First,  Second  and  Tenth,  will  read  as  fol- 
lows :  — 

First,  To  insure  upon  the  stock  or  mutual  plan  against  insurance 

-,  -,  ^  ,        ^         n  i-_c  against  loss  or 

loss  or  damage  to  property  by  hre ;  explosion,  nre  ensu-  damage  to 
ing ;  explosion,  no  fire  ensuing,  except  explosion  of  steam  ^^^"^^^  ^'  ^  °- 
boilers  and  fly-wheels ;  lightning,  or  tempest  on  land. 

Second,  To  insure  upon  the  stock  or  mutual  plan  ves-  By  perils  of 
sels,  freights,  goods,  money,  effects,  and  money  lent  on  ^^^  ^^^'  ^^^' 
bottomry  or  respondentia,  against  the  perils  of  the  sea  and 
other  perils  usually  insured  against  by  marine  insurance, 
including  risks  of  inland  navigation  and  transportation ; 
also  to  insure  against  loss  or  damage  to  motor  vehicles, 
their  fittings  and  contents,  whether  such  vehicles  are  being 
operated  or  not,  and  wherever  the  same  may  be,  resulting 
from  accident,  collision  or  any  of  the  perils  usually  insured 
against  by  marine  insurance,  including  inland  navigation 
and  transportation. 

Tenth,   To  examine  titles   of  real   and   personal   ju'op-  Title  in- 
erty,  furnish  information  relative  thereto  and  insure  own-  ^"'"*°'^^- 
ers  and  others  interested  therein  against  loss  by  reason  of 
encumbrances  or  defective  title. 

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

Approved  May  12,  190S. 


462 


Acts,  1908.  — Chaps.  510,  511. 


Chajy.^lO  An  Act  relative  to  the  ArpoiNTMENT  of  public  ad- 

MINISTEATOES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  biuidred  and  thirty-eight  of 
the  Revised  Laws  is  hereby  amended  by  striking  out  sec- 
tion one  and  inserting  in  place  thereof  the  following:  — 
Section  1.  There  shall  be  in  each  county  one  or  more 
public  administrators,  not  exceeding  five  in  any  county, 
appointed  by  the  governor  with  the  advice  and  consent  of 
the  council,  who  shall  hold  office  for  the  term  of  five  years 
from  the  time  of  their  appointment. 

Section  2.  Public  administrators  heretofore  appointed 
under  the  provisions  of  section  one  of  chapter  one  hun- 
dred and  thirty-eight  of  the  Eevised  Laws  shall  cease  to 
hold  office  as  public  administrators  upon  the  passage  of 
this  act,  but  shall  complete  the  administration  of  the  es- 
tates upon  which  letters  of  administration  have  been  taken 
out  by  them. 

Section  3.  This  act  shall  take  effect  on  the  first  day 
of  August  in  the  year  nineteen  hundred  and  eight. 

Approved  31  ay  12,  1908. 


R.  L.  138,  §  1. 
amended. 


Appointment 
of  public  ad- 
ministrators. 


Term  of 
office. 


When  to  take 
effect. 


Discrimina- 
tion or  re- 
bates of  pre- 
miums on 
insurance  poli- 
cies prohibited. 


Chap.^W.  An  Act  to  prohibit  discrimination  or  rebates  of  pre- 
miums FOR  POLICIES  ISSUED  BY  INSURANCE  COMPANIES 
OTHER    THAN    LIFE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  'No  insurance  company  transacting  in  this 
conunonwealth  any  of  the  kinds  of  business  specified  in 
section  thirty-two  of  chapter  five  hundred  and  seventy-six 
of  the  acts  of  the  year  nineteen  hundred  and  seven,  and 
no  agent,  sub-agent  or  broker  thereof,  shall  offer  to  pay  or 
allow  as  inducement  to  insurance  any  rebate  of  premium 
payable  on  the  policy,  or  any  special  favor  or  advantage 
in  the  dividends  or  other  benefit  to  accrue  thereon,  or  any 
valuable  consideration  or  inducement  not  s|5ecified  in  the 
policy  contract  of  insurance;  or  give,  sell  or  purchase,  or 
offer  to  give,  sell  or  purchase  as  inducement  to  insurance 
or  in  connection  therewith,  any  stocks,  l)onds  or  other 
securities  of  any  insurance  company  or  other  corjioration, 


Acts,  1908.  — Chap.  512.  463 

association  or  partnership,  or  any  dividends  or  profits  ac- 
crued thereon,  or  anything  of  value  whatsoever,  not  speci- 
fied in  the  policy. 

Section  2.     'No  person  shall  receive  or  accept  from  any  Agent,  etc., 

,  1,11  .1  '     not  to  accept 

company  or  agent,  sub-agent,  broker  or  any  other  person  rebate,  etc. 
any  such  rebate  of  premium  payable  on  the  policy,  or  any 
special  favor  or  advantage  in  the  dividend  or  other  bene- 
fits to  accrue  thereon,  or  any  valuable  consideration  or  in- 
ducement not  specified  in  the  policy  of  insurance.  No 
person  shall  be  excused  from  testifying,  or  from  produc- 
ing any  books,  papers,  contracts,  agreements  or  documents 
at  the  trial  of  any  other  person  charged  with  violating  any 
provision  of  this  act,  on  the  ground  that  such  testimony 
or  evidence  may  tend  to  incriminate  himself,  but  no  per- 
son shall  be  prosecuted  for  any  act,  concerning  which  he 
shall  be  compelled  so  to  testify  or  produce  evidence,  docu- 
mentary or  otherwise,  except  for  perjury  committed  in  so 
testifying. 

Section  3.     The  provisions  of  this  act  shall  not  applv  Certain  pro- 

,,.-,p,.  .p.,.  T  11  r  visions  of  law 

to  the  kind  oi   business  specified  m  the  second  clause  oi  not  to  apply, 
section  thirty-two  of  chapter  five  hundred  and  seventy-six 
of  the  acts  of  the  year  nineteen  hundred  and  seven,  either 
as  to  company,  agent,  broker  or  insured. 

Section  4.     Whoever  violates  any  provision  of  this  act  Penalty, 
shall  be  punished  by  a  fine  of  not  more  than  two  hundred 
dollars.  Approved  May  12,  190 S. 

An  Act  relative  to  the  law  of  the  road.  Ghcw  512 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Whenever  on  any  bridge  or  way,  public  or  Law  of  the 
private,  there  is  not  an  unobstructed  view  of  the  road  for 
at  least  one  hundred  yards,  the  driver  of  every  vehicle 
shall  keep  his  vehicle  on  the  right  of  the  middle  of  the 
travelled  part  of  the  bridge  or  way,  whenever  it  is  safe 
and  practicable  so  to  do. 

Section  2.  T^Tioever  violates  the  provisions  of  this  act  Penalty, 
shall,  upon  complaint  made  within  three  months  after  the 
commission  of  the  offence,  forfeit  not  more  than  twenty 
dollars,  and  be  liable  in  an  action  commenced  within  twelve 
months  after  the  date  of  said  violation  for  all  damage 
caused  thereby.  Approved  May  12,  190S. 


464 


Acts,  1908.  — Chap.  513. 


Public  play- 
grounds in 
certain  cities 
and  towns. 


Appointment 
and  compen- 
sation of  super- 
visor. 


Land  may  be 
taken,  etc. 


Chap.51S  An  Act  to  provide  for  public  playgrounds  in  certain 

CITIES   AND    TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Every  city  and  town  in  the  commonwealth 
having  a  population  of  more  than  ten  thousand,  accepting 
the  provisions  of  this  act  shall,  after  the  first  day  of  July 
in  the  year  nineteen  hundred  and  ten,  provide  and  main- 
tain at  least  one  public  playground  conveniently  located 
and  of  suitable  size  and  equipment,  for  the  recreation  and 
physical  education  of  the  minors  of  such  city  or  town,  and 
at  least  one  other  playground  for  every  additional  twenty 
thousand  of  its  population. 

Section  2.  Cities  and  towns  may  appoint,  and  deter- 
mine the  compensation  of,  a  qualified  supervisor  of  each 
playground,  who  shall  direct  the  sports  and  exercises 
thereon. 

Section  3.  In  cities  and  towns  where  the  provisions 
of  this  act  are  not  already  satisfied,  land  for  the  purpose 
aforesaid  may  be  taken,  and  the  money  necessary  to  pay 
for  such  land  may  be  raised  in  accordance  Avith  sections 
nineteen,  twenty  and  twenty-one  of  chapter  twenty-eight 
of  the  Eevised  Laws;  and  any  land  owned  by  the  city  or 
town  may  be  set  aside  by  vote  of  the  city  council,  or  of  the 
board  of  selectmen,  for  the  purposes  of  this  act. 

Section  4.  In  cities  and  towns  which  have  a  popula- 
tion of  more  than  ten  thousand,  and  which  have  not  al- 
ready satisfied  the  provisions  of  this  act,  the  following 
question  shall  be  placed  on  the  official  ballot  at  the  next 
city  or  town  election :  —  Shall  chapter  of  the 

acts  of  the  year  nineteen  hundred  and  eight,  requiring  cer- 
tain cities  and  towns  to  provide  public  jDlaygrounds,  be 
accepted  by  this  (city  or  toAvn)  ? 

Section  5.  This  act  shall  take  effect  in  any  city  or 
town  to  which  it  applies  upon  its  acceptance  by  a  majority 
of  the  voters  voting  as  aforesaid. 

Approved  May  12,  190S. 


Acceptance  of 
act. 


When  to  take 
effect. 


Acts,  1908.  — Chaps.  514,  515.  465 


An  Act  relative  to  the  indebtedness  of  the  city  of  (JJ^f^y  ^\^ 

BOSTON    FOR    THE    CONSTRUCTION    OF    SEWERAGE    WORKS 
WITHIN  THE  WATERSHED  OF  THE   CHARLES   RIVER  BASIN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     All  iiideLtedness  hereafter  incurred  by  the  indebtedness 
city  of  Boston,   or  incurred  during  the  present  calendar  certain  "ewer- 
year,  for  the  separate  system  ()f  sewerage  works  constructed  ^^^  works. 
under  authority  of  cha^^ter  three  hundred  and  eighty-three 
of  the  acts  of  the  year  nineteen  hundred  and  three,   and 
chapter  four  hundred  and  eighty-live  of  the   acts  of  the 
year  nineteen  hundred  and  seven,  and  any  acts  in  amend- 
ment thereof,  may  be  met  by  loan  outside  the  debt  limit, 
or  to  the  extent  that  the  mayor  shall  determine  and  certify 
in  writing  to  the  city  auditor,  by  loans  within  the  debt 
limit. 

Section  2.  The  city  council  of  said  city  may,  with  Appropri- 
the  approval  of  the  mayor,  make  appropriations  each  year 
from  the  annual  income  and  taxes  of  the  city  for  doing 
any  of  the  work  contemplated  by  said  acts  of  the  years 
nineteen  hundred  and  three  and  nineteen  hundred  and 
seven,  or  by  acts  in  amendment  thereof. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  12,  190S. 

An  Act  relative  to  the  cattle  bureau  of  the  state  r^/,^,^  k\k 

BOARD  OF   AGRICULTURE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eleven  of  chapter  ninety  of  the  Re-  r  l  oo,  §  ii, 
vised  Laws  is  hereby  amended  by  striking  out  the  words  amended. 
"  board  of  cattle  commissioners  or  to  any  of  its  members, 
agents  or  inspectors  ",  in  the  seventh  and  eighth  lines,  and 
inserting  in  place  thereof  the  words :  —  chief  of  the  cattle 
bureau  of  the  state  board  of  agriculture,  or  to  an  inspector 
of  animals  for  the  city  or  town  where  the  animal  is  kept, 
—  and  by  striking  out  all  of  said  section  after  the  word 
"  notice  ",  in  the  thirteenth  line,  and  inserting  in  place 
thereof  the  words :  —  by  said  inspector,  he  shall  proceed 
as  provided  in  sections  nineteen  to  twenty-two,  both  in- 
clusive.    Upon  receipt  of  such  notice  by  the  chief  of  the 


iOG 


Acts,  1908.  — Chap.  515. 


Notice  to 
board  of 
health  of  con- 
tagious 
diseases. 


R.  L.  90.  §  27 
amended. 


Notice  to  be 
given  of  con- 
tagious 
diseases. 


cattle  bureau  he  shall  inspect  or  cause  his  a.^ent  to  inspect 
snch  animal,  and  thereafter  shall  jiroceed  as  provided  in 
section  six,  —  so  as  to  read  as  follows:  —  Section  11. 
The  board  of  health  of  a  city  or  town,  any  member  or 
agent  thereof  or  any  other  person  who  has  knowledge  of 
or  reason  to  susjoect  the  existence  of  any  contagions  dis- 
ease among  any  domestic  animals  in  this  commonwealth, 
or  that  any  domestic  animal  is  aifected  with  snch  conta- 
gious disease,  whether  snch  knowledge  is  obtained  by  per- 
sonal examination  or  otherwise,  shall  immediately  give 
notice  thereof  in  writing  to  the  chief  of  the  cattle  bureau 
of  the  state  board  of  agriculture,  or  to  an  inspector  of 
animals  for  the  city  or  town  where  the  animal  is  kej^t. 
AVhoever  fails  to  give  such  notice  shall  be  punished  by  a 
fine  of  not  more  than  one  hundred  dollars ;  but  no  such 
notice  shall  be  required  in  the  city  of  Boston  relative  to 
c'landers,  farcv  or  ral)ies,  which  shall  be  cared  for  bv  the 
board  of  health  of  said  city.  Upon  the  receipt  of  such 
notice  by  said  inspector,  he  shall  proceed  as  provided  in 
sections  nineteen  to  twenty-two,  both  inclusive.  Upon  re- 
ceipt of  such  notice  by  the  chief  of  the  cattle  bureau  he 
shall  inspect  or  cause  his  agent  to  inspect  such  animal, 
and  thereafter  shall  proceed  as  provided  in  section  six. 

Sectiox  2.  Section  twenty-seven  of  chapter  ninety  of 
the  Revised  Laws  is  hereby  amended  by  striking  out  after 
the  word  "  and ",  in  the  seventh  line,  the  words  "  the 
board,  its  agent  or  inspector ",  and  inserting  in  place 
thereof  the  words :  —  the  chief  of  the  cattle  bureau  or  an 
inspector  of  animals  for  the  city  or  town  in  which  such 
animal  was  kept,  —  so  as  to  read  as  follows:  —  Scciion 
27.  ^Mioever  kills  an  animal  or  causes  it  to  be  killed,  with 
the  consent  of  the  owner  or  person  in  possession  thereof, 
upon  suspicion  that  it  is  affected  with  or  has  been  exposed 
to  a  contagious  disease,  and  who,  upon  the  inspection  of 
the  carcass  thereof,  finds  or  is  of  opinion  that  it  is  aflPected 
with  a  contagious  disease,  shall  forthwith  notify  such 
OAvner  or  person  in  possession  thereof,  and  the  chief  of 
the  cattle  bureau  or  an  inspector  of  animals  for  the  city 
or  tovn\  in  which  such  aninuil  was  kept,  of  the  existence 
of  such  disease,  and  of  the  place  where  the  animal  was 
found,  the  name  of  the  o"wner  or  ])ers()n  in  possession 
thereof  and  of  the  disposal  made  of  such  carcass.     Who- 


Acts,  1908.  — Chaps.  516,  517.  467 

ever  violates  the  provisions  of  this  section  shall  be  subject 
to  the  same  penalties  as  are  provided  in  section  twenty- 
three. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  IJf,  190S. 

Ax  Act  relative  to  petitioxs  eoii  the  establisiimext  Chap.olQ 

OF   DISALLOWED   EXCEPTIOXS. 

Be  if  enacted ,  etc.,  as  follows: 

Whenever  a  petition,  under  the  provisions  of  section  one  Notice  pf  filing 
hundred  and  ten  of  chapter  one  hundred  and  seventy-three  ^ses  of' d'is-" 
of  the  Revised  Laws,  for  the  establishment  of  exceptions  cepUons^^' 
which  have  not  been  allowed  is  filed,  the  clerk  of  the  full 
court  shall,  within  three  days  after  the  filing  of  the  peti- 
tion, send  notice  thereof  to  the  clerk  of  the  superior  court 
in  which  the  exceptions  were  filed,  who  shall  thereupon 
enter  in  the  case  on  the  docket  of  the  superior  court  notice 
of  the  filing  of  such  petition  in  the  supreme  judicial  court. 

Approved  May  U,  190S. 

Ax  Act  to  authorize  the  tabulatiox"  of  certaix  so-  QJian.^Vi 

CIAL    statistics    GATHERED    IX    THE    DECEXXIAL    CEXSUS 
OF  THE   YEAR  NINETEEN  HUNDRED  AND   FIVE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  bureau  of  statistics  of  labor  is  hereby  Tabulation  of 
authorized  to  classify  and  tabulate,  with  suitable  analyses,  statrs'tlcs'?"'^ 
under  the  direction  of  the  chief  of  said  bureau,  certain 
data  gathered  at  the  last  decennial  census  and  relating  to 
the  occupations  and  social  condition  of  the  people ;  and  the 
chief  of  said  bureau  is  hereby  authorized  to  expend  a  sum 
not  exceeding  ten  thousand  dollars  in  carrying  out  this 
provision. 

Section  2.  The  general  results  of  the  census  author-  printing  of 
ized  by  chapter  four  hundred  and  twenty-three  of  the  acts 
of  the  year  nineteen  hundred  and  four  shall  be  printed  in 
four  octavo  volumes  of  the  size  of  the  acts  and  resolves. 
The  first  and  second  volumes  shall  contain  statistics  relat- 
ing to  population,  schools,  libraries,  and  the  general  social 
condition  of  the  people;  the  other  two  volumes  shall  con- 
tain statistics  relating  to  agriculture,  commerce,  the  fish- 


statistics. 


468  Acts,  1908.  — Chaps.  518,  519. 

Printing  of        erics,  aiul  like  matters,  and  statistics  relatin";  to  maniifac- 

stalistics.  T  1  T      1  1 

tiires  and  trade;  and  the  chief  of  the  bureau  of  statistics 
of  labor  may  make  snch  division  of  the  whole  work  into 
pages  as  he  may  deem  advisable.  There  shall  be  printed 
,  from  electrotype  plates  five  thousand  copies  each  of  vol- 
umes one  and  two,  twenty-five  hundred  copies  of  volume 
three,  and  twenty-five  hundred  copies  of  volume  four.  The 
bureau  of  statistics  of  labor  shall  be  allowed  seven  hun- 
dred copies  each  of  volumes  one  and  two,  and  three  hun- 
dred and  fifty  copies  each  of  volumes  three  and  four,  and 
the  remainder  of  the  edition  shall  be  distributed  under  the 
direction  of  the  secretary  of  the  commonwealth  as  provided 
by  law. 
Repeal.  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  May  IJ^.,  1908. 

Chap.51S  Ax  Act  to  limit  the  number  of  persons  that  may  be 

EMPLOYED  BY  POLITICAL   COMMITTEES   IN    CITIES. 

Be  it  enacted,  etc.,  as  follows: 

nimb*e"'of''^  Section  1.     The  uumber  of  j^ersons  that  may  be  em- 

empfoye^cfby     P^oj^d  by  political  committees  in  cities  for  any  purpose, 
political  com-    exccpt  as  caucus  oflicers,  shall  not  exceed  six  wrsons  in 

mittees  in  ^         .  .  ^  .  .    .  ^ 

cities.  each  voting  precinct  of  the  city.     In  cities,  or  parts  thereof, 

not  divided  into  precincts,  the  number  shall  not  exceed  six 
for  each  ward. 

Penalty.  Section  2.     Wliocver  violatcs  any  provision  of  this  act 

shall  be  punished  by  a  fine  not  exceeding  one  hundred  dol- 
lars, or  by  imprisonment  for  not  exceeding  three  months, 
or  by  both  such  fine  and  imprisonment. 

Approved  May  IJ^,  1908. 

Cha2y.519  Ax  Act  relative  to  the  use  of  the  market  limits  of 

THE  city   of   BOSTON. 

Be  it  eyiactcd,  etc.,  as  follows: 

imende^d'  °  ^'  Section  1.  Scctiou  eight  of  chapter  five  hundred  and 
eighty-four  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  striking  out  all  after  the 
word  "  part ",  in  the  eighteenth  line,  and  inserting  in 
place  thereof  the  following:  —  It  shall  also  be  lawful  for 
persons  who  are  the  principal  tenants  of  basement  or  of 


Acts,  1908.  — Chap.  519.  469 

ground-floor  parts  of  buildings  abutting  on  streets  within  ^^°g^^f|^i^;  ^  ^• 
the  market  limits,  as  they  have  been  declared  or  defined 
by  the  street  commissioners  of  the  city  of  Boston,  and  who 
are  regularly  engaged  in  the  business  of  selling  fresh  pro- 
visions or  perishable  produce  to  occupy,  from  time  to  time, 
by  themselves  or  their  employees,  without  license  or  fee, 
for  the  sale  of  said  goods  at  wholesale  and  not  by  auction, 
parts  of  the  roadway  in  front  of  their  respective  premises 
w'ith  vehicles  drawn  by  horses,  and  in  like  manner  to 
occupy  parts  of  the  roadway  in  front  of  the  premises  of 
other  persons  engaged  in  the  same  business  within  said 
limits  for  the  purpose  of  selling  to  them  or  of  offering  to 
them  for  sale  said  goods  under  the  conditions  described  in 
this  section;  provided,  hoivever,  that  such  persons  offer  no 
objection.  Occupations  under  authority  of  this  section 
shall  be  only  in  accordance  with  rules  and  regulations  es- 
tablished from  time  to  time  by  the  street  commissioners  of 
the  city  of  Boston,  the  police  commissioner  of  the  city  of 
Boston  concurring,  for  the  purpose  of  securing  the  orderly 
and  convenient  transaction  of  business  and  the  free  passage 
of  vehicles  and  of  foot  passengers  within  and  through  said 
limits ;  and  in  so  far  as  they  shall  deem  proper  the  said 
street  commissioners,  the  police  commissioner  concurring, 
may  further  allow  tenants  to  occupy  temporarily  with 
goods  parts  of  sidewalks  in  front  of  their  resj^ective  prem- 
ises additional  to  such  parts  as  may  be  specified  in  licenses 
issued  to  them  by  the  street  commissioners,  —  so  as  to  read 
as  follows :  —  Section  8.  Requirements  and  prohibitions  Certain  prem- 
contained  in  this  act  or  elsewhere  to  the  contrary  notwith-  occupied  with- 
standing, it  shall  be  lawful  to  occupy  without  license  or  etc/'  "'^'^^®' 
fee  places  in  the  streets,  not  including  sidewalks,  within 
the  limits  of  Faneuil  Hall  Market,  as  the  same  are  or  may 
be  defined  in  the  ordinances  of  the  city  of  Boston,  and 
other  market  limits  added  under  authority  of  chapter  three 
hundred  and  seventy-six  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-six,  for  the  sale  from  wagons  or  other 
vehicles  of  fresh  provisions  and  perishable  produce :  pro-  Proviso. 
vided,  that  the  same  are  the  product  of  the  farm  of  the 
person  offering  them  for  sale,  or  of  a  farm  within  ten  miles 
of  the  residence  of  such  person ;  or  are  to  be  sold  at  whole- 
sale only  by  the  party  offering  the  same  for  sale  on  com- 
mission, for,  or  as  agent  for,  some  person  or  persons  ^not 
residing  or  having  a  usual  place  of  business  within  eight 


470  Acts,  1908.  — Chap.  520. 

miles  of  said  market ;  or  are  meats  to  be  sold  at  wholesale 
only  by  the  person  who  slaughtered  the  animals  of  which 
the  same  were  a  part.  It  shall  also  be  lawful  for  persons 
who  are  the  principal  tenants  of  basement  or  of  ground- 
floor  parts  of  buildings  abutting  on  streets  within  the  mar- 
ket limits,  as  they  have  been  declared  or  defined  by  the 
street  commissioners  of  the  city  of  Boston,  and  who  are 
regularly  engaged  in  the  business  of  selling  fresh  provi- 
sions or  perishable  produce  to  occupy,  from  time  to  time, 
by  themselves  or  their  employees,  without  license  or  fee, 
for  the  sale  of  said  goods  at  wholesale  and  not  by  auction, 
parts  of  the  roadway  in  front  of  their  respective  premises 
with  vehicles  drawn  by  horses,  and  in  like  manner  to  oc- 
cupy parts  of  the  roadway  in  front  of  the  premises  of  other 
persons  engaged  in  the  same  business  within  said  limits 
for  the  purpose  of  selling  to  them  or  of  offering  to  them 
for  sale  said  goods  under  the  conditions  described  in  this 
Proviso.  section;    provided,    however,   that    such   persons   offer   no 

objection.  Occupations  under  authority  of  this  section 
shall  be  only  in  accordance  with  rules  and  regulations  es- 
tablished from  time  to  time  by  the  street  commissioners 
of  the  city  of  Boston,  the  police  commissioner  of  the  city 
of  Boston  concurring,  for  the  purpose  of  securing  the 
orderly  and  convenient  transaction  of  business  and  the  free 
passage  of  vehicles  and  of  foot  passengers  within  and 
through  said  limits ;  and  in  so  far  as  they  shall  deem 
proper  the  said  street  commissioners,  the  police  commis- 
sioner concurring,  may  further  allow  tenants  to  occupy 
temporarily  with  goods  parts  of  sidewalks  in  front  of  their 
respective  premises  additional  to  such  parts  as  may  be 
specified  in  licenses  issued  to  them  by  the  street  commis- 
sioners. 
■  Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  IJf.,  190S. 


CJmp.520  Ax  Act  relative  to  trust  co:^ipaxies. 

Be  it  enacted,  etc.,  as  follows: 
Relative  to  Sectiox  1.     Evcrv  trust  compauv  soliciting  or  recciv- 

tnist  com-  .  .         /     N         1   -"i  1  -.1    'i  1  "^ 

panics.  mg  deposits  (a)  which  may  be  withdrawn  only  on  presen- 

tation of  the  pass-book  or  other  similar  form  of  receipt 
which  permits  successive  deposits  or  withdrawals  to  be 
cnt(?red  thereon;  or  (b)  which  at  the  option  of  the  trust 


Acts,  1908.  — Chap.  520.  iTl 

company  may  be  withdrawn  only  at  the  expiration  of  a 
stated  period  after  notice  of  intention  to  withdraw  has 
been  given;  or  (c)  in  any  other  way  which  might  lead  the 
l^nblic  to  believe  that  sncli  deposits  are  received  or  invested 
nnder  the  same  conditions  or  in  the  same  manner  as  de- 
posits in  savings  banks ;  shall  have  a  savings  department 
in  which  all  bnsiness  relating  to  such  deposits  shall  be 
transacted. 

Section  2.     All  snch  deposits  shall  be  special  deposits  certain  de- 
and  shall  be  placed  in  said  savings  department,  and  all  special  de-^ 
loans  or  investments  thereof  shall  be  made  in  accordance  p°®"®- 
with  the  statutes  governing  the  investment  of  deposits  in 
savings   banks.      The   duties   of  the  board   of   investment 
relative  to  the  investment  of  such  deposits  shall  be  per- 
formed by  a  board  or  committee  appointed  by  the  board 
of  directors  of  such  corporation. 

Section  3.     Such  deposits  and  the  investments  or  loans  such  deposits 
thereof  shall  be   appropriated   solely  to  the   security   and  ming°ed  with 
payment  of  such  deposits,  and  shall  not  be  mingled  with  other  deposits. 
the   investments   of  the   capital   stock  or  other  money  or 
property  belonging  to  or  controlled  by  such  corporation, 
or  be  liable  for  the  debts  or  obligations  thereof  until  after 
the  deposits  in  said  savings  department  have  been  paid  in 
full.     The  accounts  and  transactions  of  said  savings  de- 
partment shall  be  kept  separate  and  distinct  from  the  gen- 
eral business  of  the  corporation. 

Section  4.  The  capital  stock  of  such  corporation  with  capital  stock 
the  liabilities  of  the  stockholders  thereunder  shall  be  held  securit^y!'etc! 
as  security  for  the  payment  of  such  deposits,  and  the  per- 
sons making  such  deposits  or  entitled  thereto  shall  have 
an  equal  claim  with  other  creditors  upon  the  capital  and 
other  property  of  the  corporation  in  addition  to  the  security 
provided  for  by  this  act. 

Section  5.  All  income  received  from  the  investment  income, 
of  funds  in  said  savings  department,  after  deducting  the 
expenses  and  losses  incurred  in  the  management  thereof 
and  such  sums  as  may  be  paid  to  depositors  therein  as  in- 
terest or  dividends,  shall  accrue  as  profits  to  such  corpora- 
tion and  may  be  transferred  to  its  general  funds. 

Section  6.     All  savings  deposits  which  are  not  now  in-  investment  of 
vested  in  accordance  with  the  provisions  of  this  act  shall  pollts^® ''^' 
be  so  invested,  at  least  one  fifth  part  before  the  first  day 


472 


Acts,  1908. 


Chap.  520. 


Depositor  to 
give  notice, 
etc. 


Reserve. 


Composition  of 
resen-e. 


Proviso. 


of  Xovember  in  each  year  after  the  passage  of  this  act, 
beginning  with  the  year  nineteen  hundred  and  nine,  and 
all  such  deposits  shall  be  so  invested  before  the  first  day 
of  Xovembcr  in  the  year  nineteen  hundred  and  thirteen. 

Sectiox  T.  Such  trust  company  may  at  any  time  re- 
quire a  dcjwsitor  in  said  savings  department  to  give  a 
notice  not  exceeding  ninety  days  of  his  intention  to  with- 
draw the  whole  or  any  part  of  his  deposit. 

Section  8.  Every  trust  company  doing  business  within 
the  commonwealth  shall  at  all  times  have  on  hand  as  a 
reserve  an  amount  equal  to  at  least  fifteen  per  cent  of  the 
aggregate  amount  of  its  deposits,  exclusive  of  savings  de- 
posits and  of  time  deposits  represented  by  certificates  or 
agreements  in  writing  and  payable  only  at  a  stated  time, 
but  whenever  such  time  deposits  may  be  withdrawn  within 
thirty  days  they  shall  be  subject  to  the  reserve  require- 
ments of  this  act ;  and  every  trust  company  doing  business 
in  the  city  of  Boston  shall  at  all  times  have  on  hand  as  a 
reserve  an  amount  equal  to  at  least  twenty  per  cent  of  the 
aggregate  amount  of  its  deposits  computed  in  the  same 
manner. 

Section  9.  Xot  less  than  two  fifths  of  such  reserve 
shall  consist  either  of  lawful  money  of  the  United  States, 
gold  certificates,  silver  certificates  or  notes  and  bills  issued 
by  any  lawfully  organized  national  banking  association, 
and  the  remainder  of  such  resei^'e  may  consist  of  balances, 
payable  on  demand,  due  from  any  trust  company  in  the 
city  of  Boston  authorized  to  act  as  reserve  agent  as  here- 
inafter provided,  or  from  any  national  banking  associa- 
tion doing  business  either  in  this  commonwealth  or  in  the 
cities  of  ISTew  York,  Philadelphia,  Chicago,  or  Albany; 
but  a  portion  of  such  reserve  not  exceeding  one  fifth  may 
consist  of  bonds  of  the  United  States  or  of  this  common- 
wealth computed  at  their  fair  market  value,  which  are  the 
absolute  property  and  in  the  possession  of  such  corpora- 
tion: provided,  that  the  aggregate  amount  of  lawful  money 
of  the  United  States,  gold  certificates,  silver  certificates 
and  notes  and  bills  issued  by  any  lawfully  organized 
national  banking  association  held  by  such  corporation  shall 
at  all  times  be  equal  to  at  least  five  jx'r  cent  of  the  aggre- 
gate amount  of  all  its  time  and  demand  deposits,  exclusive 
of  deposits  in  its  savings  department. 


Acts,  1908.  — Chap.  520.  473 

Section  10.    The  bank  commissioner  may  authorize  any  Trust  com- 

,.,,-,-,  '',    panics  may 

trust  company  m  the  city  oi  iioston  to  act  as  reserve  agent  act  as  reserve 
for  trust  companies  doing  business  in  this  commonwealth :  *^®" 
provided,  however,  that  a  trust  company  shall  not  keep  Proviso, 
any  part  of  its  reserve  in  a  trust  company  so  authorized 
to  act  as  reserve  agent  without  first  obtaining  the  consent 
in  writing  of  the  bank  commissioner.  Xot  less  than  one 
half  of  the  reserve  of  such  trust  company  acting  as  reserve 
agent  shall  consist  of  lawful  money  of  the  United  States, 
gold  certificates,  silver  certificates  or  notes  and  bills  issued 
by  any  lawfully  organized  national  banking  association, 
and  the  remainder  of  such  reserve  may  consist  of  balances, 
payable  on  demand,  due  from  any  trust  company  in  the 
city  of  Boston  authorized  to  act  as  reserve  agent  as  herein 
provided,  or  from  any  national  banking  association  doing 
business  either  in  this  commonwealth  or  in  the  cities  of 
Xew  York,  Philadelphia,  Chicago,  or  Albany. 

Section  11.     If  the  reserve  of  anv  trust  company  is  at  New  loans  not 

,.,'..  •        1  1  to  be  made 

any  time  less  than  the  amount  which  it  is  required  to  keep  until  reserve 

,,,  in  1  I's  restored. 

on  hand,  such  trust  company  shall  not  make  any  new  loans 
or  investments  until  the  required  proportion  between  the 
aggregate  amount  of  its  deposits  and  reserve  shall  be  re- 
stored. The  bank  commissioner  may  notify  such  trust 
company  to  make  good  such  reserve,  and  if  such  trust  com- 
pany shall  fail  for  sixty  days  thereafter  so  to  make  good 
such  reserve,  he  may  apply  to  a  justice  of  the  supreme 
judicial  court  to  appoint  one  or  more  receivers  to  take 
possession  of  the  property  and  effects  of  said  trust  com- 
pany and  to  close  up  its  business,  subject  to  such  directions 
as  may  from  time  to  time  be  prescribed  by  the  court  or  by 
a  justice  thereof.  If  the  reserve  of  any  trust  company 
which  has  been  authorized  to  act  as  reserve  agent  is  at  any 
time  less  than  the  amount  which  it  is  required  to  keep  on 
hand,  the  bank  commissioner  may  notify  such  trust  com- 
pany to  make  good  such  reserve,  and  if  such  trust  company 
shall  fail  for  ten  days  thereafter  so  to  make  good  such 
reserve,  said  commissioner  may  revoke  the  authority  of 
such  trust  company  to  act  as  a  reserve  agent. 

Section  12.     Section  thirty-five  of  chapter  fourteen  of  R-  ^-l^-,  ^  ^^' 

•-  J^       ,     .  amended.^ 

the  Revised  Laws  is  hereby  amended  by  striking  out  the 
first  sentence  of  the  second  paragraph  thereof  and  all  that 
part  of  said  paragraph  after  the  word  "  forty  ",   in  the 


47i 


Acts,  1908.  — Chap.  520. 


Returns  and 
taxation  of 
trust  com- 
panies. 


R.L.  116, 
§  36,  etc., 
amended. 


Returns  to 
bank  com- 
missioner. 


twenty-fifth  line,  so  as  to  read  as  follows:  —  Section  35. 
Everv  domestic  trust  company  incorporated  subsequent  to 
the  twenty-eighth  day  of  May  in  the  year  eighteen  hun- 
dred and  eighty-eight  and  subject  to  the  provisions  of 
chapter  one  hundred  and  sixteen,  shall  annually,  between 
the  first  and  tenth  days  of  May,  make  a  return  to  the  tax 
commissioner,  signed  and  sworn  to  by  some  officer  of  the 
corporation,  of  all  personal  property  held  ui)on  any  trust 
on  the  first  day  of  May  which  would  be  liable  to  taxation 
if  held  by  any  other  trustee  residing  in  this  commonwealth, 
the  name  of  each  city  and  town  in  this  commonwealth 
where  any  beneficiaries  resided  on  said  day,  the  aggregate 
amount  of  such  property  then  held  for  all  the  beneficiaries 
resident  in  each  of  such  places,  and  also  the  aggregate 
amount  held  for  beneficiaries  not  resident  in  this  common- 
wealth. Such  company  shall  annually  pay  to  the  treasurer 
and  receiver  general  a  tax  to  be  assessed  by  the  tax  com- 
missioner upon  the  total  value  of  such  personal  property 
held  in  trust  at  the  rate  determined  by  him  under  the  pro- 
visions of  section  forty. 

Sections"  13.  Section  thirty-six  of  chapter  one  hundred 
and  sixteen  of  the  Revised  Laws,  as  amended  by  section 
one  of  chapter  three  hundred  and  twenty  of  the  acts  of 
the  year  nineteen  hundred  and  seven,  is  hereby  further 
amended  by  striking  out  the  words  ''  annually,  within  ten 
days  after  the  last  business  day  of  October,  and  ",  in  the 
second  and  third  lines,  and  the  word  ""  other  ",  in  the  third 
line,  by  striking  out  the  words  "  board  of  commissioners 
of  savings  banks  ",  in  the  third,  fourth  and  twenty-second 
lines,  and  inserting  in  place  thereof  the  words :  —  bank 
commissioner,  —  by  striking  out  the  words  ''  a  majority  ", 
in  the  eighth  line,  and  inserting  in  place  thereof  the  words : 
—  not  less  than  four,  —  by  inserting  after  the  word  "'  re- 
turn ",  in  the  twenty-third  line,  the  words :  —  shall  be 
made  within  ten  days,  and,  —  and  by  striking  out  the 
word  "  board  ",  in  the  sixth,  twenty-seventh,  thirtieth  and 
thirty-first  lines,  and  inserting  in  place  thereof,  in  each 
instance,  the  word  :  —  commissioner,  —  so  as  to  read  as 
follows :  —  Section  36.  Such  corporation  shall  at  such 
times  as  the  bank  commissioner  may  require,  but  not  ex- 
ceeding five  times  within  anv  calendar  vear,  make  a  re- 
turn   to  said  commissioner,   signed   and   sworn  to   by  its 


Acts,  1908.  — Chap.  520.  475 

president  and  secretary,  treasurer  or  actuary  and  not  less  Returns  to 

.  ,.  I,       .  -,  .         "  11        bank  com- 

tlian  four  of  its  board  of  directors,  snowing  accurately  the  missioner. 
condition  of  such  corporation  at  close  of  business  on  said 
day;  and  said  return  shall  specify  the  following:  capital 
stock ;  amount  of  all  money  and  property  in  detail  in 
the  possession  or  charge  of  said  corporation  as  deposits; 
amount  of  deposits  payable  on  demand  or  within  ten  days ; 
amount  of  trust  guaranty  fund ;  trust  funds  or  for  pur- 
jwses  of  investment ;  number  of  depositors ;  investments  in 
authorized  loans  of  the  United  States  or  any  of  the  J^ew 
England  states,  counties,  cities  or  to^vns ;  investments  in 
bank  stock,  railroad  stock  and  railroad  bonds,  stating 
amount  in  each ;  loans  on  notes  of-  corporations ;  loans  on 
notes  of  individuals ;  loans  on  mortgages  of  real  estate ; 
cash  on  hand,  rate,  amount  and  date  of  dividends  since 
last  return,  and  such  other  information  as  the  bank  com- 
missioner may  require.  Such  return  shall  be  made  within 
ten  days,  and  shall  be  in  the  form  of  a  trial  balance  of  its 
books  and  shall  specify  the  different  kinds  of  its  liabilities 
and  assets,  with  the  amount  of  each  kind,  in  accordance 
with  a  blank  form  to  be  furnished  by  said  commissioner 
and  shall  be  published  by  and  at  the  expense  of  such  cor- 
poration in  a  newspaper  of  the  city  or  town  in  which  such 
corporation  is  located,  at  such  times  and  in  such  manner 
as  may  be  directed  by  said  commissioner,  and  in  the 
annual  report  of  said  commissioner. 

Section  14.     Chapter  three  hundred  and  nineteen  of  i^o^,  319,  §  1, 

1  c     1  •  1111  -IT         amended. 

the  acts  ol  the  year  nineteen  hundred  and  seven  is  hereby 
amended  by  striking  out  the  first  section  and  inserting  in 
place  thereof  the  following:  —  Section  1.     The  stockhold-  Trust  com- 
ers of  every  trust  company  doing  business  within  the  com-  an  examining 
monwealth  shall  elect   at  their  annual  meeting  an  exam-  et'c"'^'  ^  ' 
iiiing  committee  for  the  ensuing  year  of  not  less  than  three 
stockholders,   of  which  neither   the   president,   vice   presi- 
dent, secretary,  treasurer,  actuary  nor  any  member  of  the 
executive  or  finance  committee  of  the  board  of  directors 
shall  be  a  member. 

Section  15.     Chapter  three  hundred  and  fifty-five  of  1902, 355.  §2, 
the  acts  of  the  year  nineteen  hundred  and  two  is  hereby 
amended  by  striking  out  section  two  and  inserting  in  place 
thereof  the  following :  —  Section  2.     The  board  of  bank  certain  branch 
incorporation  may   authorize,  in  writing,   any  trust  com-  autiforiTe'd'. 


476  Acts,  1908.  — Chap.  521. 

panj  to  maintain  not  more  than  one  branch  office  which 
shall  be  in  the  city  or  town  in  which  its  main  office  is 
located,  bnt  the  restrictions  of  this  act  shall  not  extend  to 
branch  offices  anthorizcd  by  the  board  of  commissioners 
of  savings  banks,  or  bv  the  bank  commissioner  prior  to  its 
passage. 

Repeal.  Section   16.     All  acts  and  parts   of  acts  inconsistent 

herewith  are  hereby  repealed. 

Sr/"*'"''^         Section  17.     This  act  shall  take  effect  on  the  first  day 
of  January  in  the  year  nineteen  hnndred  and  nine. 

Approved  May  IJk,  1908. 

Chap.521  -^^  -^^CT  TO  AUTHORIZE  THE  BOSTO:?^  ELEVATED  RAILWAY 
COMPANY  TO  CONSTRUCT  AX  ELEVATED  RAILWAY  FROM 
SULLIVAN  SQUARE  IN  THE  CITY  OF  BOSTON  THROUGH  THE 
CITY  OF  SOMERVILLE   TO   THE  CITY  OF   MEDFORD. 

Be  it  enacted,  etc.,  as  follows: 
An  elevated  Section  1.     The  Bostoii  Elcvatcd  Eailway  Company. 

railway  may  '■  i        ^  i 


livan  square  fo  include  its  siiccessoi's  and  assigns,  may  construct  lines 
tion  to  the  city  of  elevated  railway,  according  to  such  plans  or  systems  as 
through°[he       tlic  board  of  railroad  commissioners,  hereinafter  called  the 


be  constnicted  hereinafter  called  the  company,  which  term  shall  be  deemed 

from  the  Sul-  .       ,      ,       .  ^       ,*^  .  •      .  .     ,. 

livan  sc 
terming 
tion  to 
of  Medf 
througl 

SoLer^•ille.  board,  may  approve,  to  be  operated  by  electricity  or  other 
motive  power  except  steam,  upon  the  following  location, 
and  may  equip,  maintain  and  0]:>erate  engines,  motors, 
trains  and  cars  thereon,  to  wit :  —  Beginning  at  a  point  in 
Main  street,  or  in  or  near  private  land  of  the  company 
near  Sullivan  square  terminal  station,  in  that  part  of  Bos- 
ton which  was  formerly  Charlestown;  thence  northwest- 
erly, through  or  across  ]\Iain  street  and  Mystic  avenue,  or 
either,  or  in  whole  or  in  part  through  or  across  public  or 
private  ways  or  lands  near  Mystic  avenue,  and  within  fif- 
teen hundred  feet  thereof,  to  the  railroad  location  owned 
in  whole  or  in  part  by  the  Boston  and  ^Maine  Eailroad ; 
thence  across  said  railroad  location  and  through  or  across 
public  or  private  lands  or  ways  on  Mystic  avenue,  or  within 
two  hundred  feet  thereof,  to  the  ]\Ie(lford  line ;  thence  con- 
tinuing in  the  same  general  direction  alongside  of  Mystic 
avenue,  through  or  across  public  or  private  land,  and 
across  i)ublic  or  private  ways  between  the  Mystic  Eiver 
Reservation   and   Mvstic   avenue,   to  a   point   within   two 


Acts,  1908.  — Chap.  521.  477 


thousand  feet  of  Medford   square,  crossing,  when  neces- 
sary, lauds  covered  bv  the  waters  of  the  Mystic  river. 

Section  2.     Upon  private  lauds,  said  elevated  railway  Railway  may 

,  T  !>  ,1  T  be  constructed 

may   be   constructed,   so  far   as  the  company  may  deem  over  private 
necessary  or  desirable,   near  or  upon  the   surface  of  the   ^°  '''  ^  '^' 
ground,  with  the  approval  of  the  board:  jrrovided,  how-  Proviso. 
ever,  that  no  public  street  shall  be  crossed  at  grade. 

Section  3.  The  company  may  construct  such  termi-  bra™che*s'f'etc. 
nals,  branches,  spurs,  sidings,  turn-outs,  connections,  deflec- 
tions, switches,  extensions  and  other  structures,  and  such 
loop  lines,  in  connection  with  and  within  the  location  herein 
granted,  through  or  across  such  streets  or  ways,  or  public 
or  private  lands,  as  may  be  necessary  or  convenient  to 
turn  its  trains,  or  to  reverse  the  direction  thereof,  or  to 
make  connections  with  surface  car  lines,  or  for  other  pur- 
poses authorized  by  this  act  or  by  its  charter,  and  may 
make  such  convenient  changes,  extensions  and  relocations 
of  surface  lines  owned  or  controlled  by  the  company,  by 
elevated  structure  or  otherwise,  over  public  or  private  ways 
or  lands,  as  may  be  approved  by  the  board;  all  of  which, 
with  the  stations,  are  hereinafter  called  appurtenances. 

Section  4.  The  company  nuiy  locate  and  construct  sta-  stations  to  be 
tions  at  convenient  points,  with  suitable  exits  and  ap-  convenient 
proaches  to  and  from  the  streets  and  stations,  but  the  same,  ^°^^^^' 
excepting  platforms  and  approaches  thereto  from  buildings, 
shall  not  be  located  in  any  public  way  or  place,  unless  such 
location  is  approved  by  the  mayor  and  aldermen  or  by  the 
board.  Before  constructing  its  railroad  upon  any  route 
granted  to  it,  and  before  constructing  any  station  in  any 
public  way  or  place,  the  company  shall  prepare  and  file  with 
the  mayor  of  the  city  in  which  the  route  or  station  is  located 
plans  showing  the  form  and  method  of  construction  pro- 
posed, for  his  examination  and  approval  as  to  architectural 
appearance,  elevation  and  obstruction  of  light  and  air,  and 
he  shall  approve  or  disapprove  the  same  in  writing,  and  if 
the  same  are  disapproved  by  him  the  company  may  appeal 
to  the  board,  who  shall  determine  the  question. 

Section  5.     The  company  may  lease,  purchase  or  take  May  lease, 
by  right  of  eminent  domain  the  fee  in  public  or  private  fake^pubUc  or 
lands,  except  that  it  shall  not  take  by  eminent  domain  p'^^*^®  '*"'^'' 
lauds  of  the  commonwealth  or  of  the  Boston  and  ]\Iaine 
Railroad,  for  the  purpose  of  constructing  its  railway  or 


4:18 


Acts,  1908.  — CuAr.  521. 


Takins  to  be 
recorded. 


Damages. 


Cities  to  be 
indemnified 
for  damages. 


Compen.sation 
for  damages 
sustained. 


terminals,  binklings,  shoi^s,  stations,  engine  and  car  houses, 
and  connections  with  surface  railways,  and  for  any  pur- 
pose necessary  for  the  construction  or  convenient  use  by 
the  company,  or  for  the  convenient  use  by  the  public  of 
its  said  railway,  or  for  any  purpose  authorized  by  this  act 
or  })y  the  charter  of  the  company.  To  make  any  taking 
by  right  of  eminent  domain,  the  company  shall  cause  to 
be. recorded  in  the  registry  of  deeds  for  the  county  in  which 
the  land  is  situated  a  description  of  the  land  taken,  as 
certain  as  is  required  in  a  common  conveyance  of  land, 
with  a  statement  that  the  same  is  taken  under  authority 
of  this  act,  signed  by  a  majority  of  its  directors,  and  the 
land  so  described  shall,  upon  such  recording,  be  taken. 
The  company  shall  at  the  same  time  give  notice  of  such 
taking  to  the  owner  of  the  land  taken,  if  known,  but  want 
of  such  notice  shall  not  affect  the  validity  of  the  taking, 
nor  extend  the  time  for  proceedings  for  damages. 

Sectioiv  C.  The  company  shall  pay  all  damages  occa- 
sioned bv  the  taking  of  such  land,  and  mav  ao'ree  with  the 
owner  of  the  land  upon  the  amount  thereof,  and  if  the 
parties  do  not  agree,  the  damages  may  be  determined  by 
a  jury  in  the  superior  court  for  the  county  in  which  the 
land  is  situated,  on  petition  of  the  owner  or  of  the  com- 
pany, filed  in  the  clerk's  office  before  the  expiration  of 
two  years  after  the  recording  of  the  taking,  and  judgment 
shall  be  entered  upon  the  verdict  of  such  jury,  and  costs 
shall  be  taxed  and  execution  issued  in  favor  of  the  pre- 
vailing party  as  in  other  civil  cases.  The  provisions  of 
sections  seventeen  to  twenty-five,  inclusive,  and  of  section 
one  hundred  and  fourteen  of  chapter  forty-eight  of  the 
Ttcvised  Laws  relating  to  procedure  in  ca.se  of  damage  to 
estates  in  which  several  parties  have  different  or  several 
interests  shall  apply  to  proceedings  in  such  cases  under 
this  act. 

Section  7.  The  company  shall  indemnify  the  cities  of 
Boston,  Somerville  and  Medford  against  all  liability  for 
damage  arising  out  of  the  w^ork  herein  provided  for  upon 
notice  of  any  claim  therefor  and  opportunity  to  defend 
against  the  same. 

Section  8.  The  o^\^lers,  lessees,  mortgagees  and  other 
persons  having  an  estate  in  any  land  or  premises  abutting 
on  anv  land,  or  abuttiua-  on  any  rights  of  way  over  pri- 


Acts,  1908.  — Chap.  521.  479 

vate  land,  acquired  hj  the  company  under  the  provisions  Compensation 
of  this  act  upon  which  an  elevated  structure  is  erected,  sustained! 
shall  be  entitled  to  reasonable  compensation  for  damage 
sustained  bv  reason  of  the  maintenance  and  operation  of 
said  railway,  and  any  such  person  may,  at  any  time  within 
three  years  after  the  construction  of  said  railway,  file  in 
the  office  of  the  clerk  of  the  superior  court  for  the  county 
where  his  said  premises  lie,  a  petition  setting  forth  his 
claim  against  the  company.  He  shall  give  the  company 
fourteen  days'  notice  of  the  filing  of  such  petition,  and  an 
answer  thereto  shall  be  filed  by  the  company  within  thirty 
days  after  the  return  day  of  such  notice.  The  trial  of  any 
such  petition  shall  be  held  before  a  jnry,  if  either  party 
claims  such  right  at  the  time  of  filing  the  petiti«)n  or 
within  ten  days  after  the  filing  of  the  answer  thereto, 
otherwise  the  case  shall  be  heard  before  a  court  without 
a  jury.  If  a  verdict  or  decision  shall  be  rendered  for  the 
petitioner,  interest  shall  be  included  from  the  day  of  the 
filing  of  the  petition.  The  company  shall  be  liable  to  the 
duties  and  liabilities  described  in  section  twelve  of  chap- 
ter five  hundred  and  forty-eight  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four  relative  to  satisfaction 
of  judginent  pursuant  to  findings  under  the  provisions 
hereinbefore  set  forth. 

Section  9.  Wherever  the  route  upon  which  the  com-  crossings,  etc. 
pany  is  authorized  to  construct  and  operate  its  elevated 
railway  crosses  the  location  or  tracks  of  any  railroad  com- 
pany, or  the  land  of  the  commonwealth,  or  tide  or  other 
waters,  the  crossing  shall  be  made  in  such  manner,  and 
the  method  of  construction  shall  be  such  as  may  be  agreed 
upon  between  the  directors  of  such  railroad  company  or 
the  public  board  or  officers  having  general  control  of  such 
land  or  waters  and  the  directors  of  the  company,  and  if 
the  parties  are  unable  to  agree  as  to  the  manner  of  cross- 
ing or  method  of  construction  at  such  point,  the  same  shall 
be  determined  by  the  board  upon  application  of  either 
party ;  and  in  case  any  railroad  company  sustains  any 
damage  by  reason  of  such  crossing,  the  same  shall  be  esti- 
mated and  recovered  in  the  manner  provided  in  section 
eight  of  this  act. 

Section  10.     If  the  city  of  Somerville  or  the  city  of  ^J'takenfo™'"^ 
Med  ford   shall   desire   hereafter   to   construct   a   highway  {-"o^,,  of  hf4".''' 

ways,  etc. 


480 


Acts,  1908.  — Chap.  521. 


Route. 


Rights,  etc., 
in  construc- 
tion, etc. 


across  the  route  or  lands  of  the  company  taken  under  this 
act,  it  may  take  without  compensation  the  necessary  ease- 
ment for  tlic  purpose,  but  if  the  construction  of  the  high- 
way occasions  any  interruption  to  the  ordinary  use  by  the 
company  of  its  tracks  or  stations  or  necessitates  any  change 
therein  then  the  city  shall  bo  liable  to  the  company  for 
the  damages  occasioned  by  reason  of  such  interru]ition  or 
change.  Xo  highway  shall  be  constructed  to  cross  the  com- 
pany's tracks  at  grade.  Before  constructing  any  highway 
under  this  section,  the  city  shall  obtain  the  approval  of 
the  board  to  a  plan  of  construction  to  be  filed  with  the 
board,  with  such  details  as  the  board  may  require,  and  this 
plan  shall  be  altered  before  approval,  if  the  board  so  order. 
Tlic  work  of  construction  shall  be  done  under  the  direc- 
tion of  the  board.  The  supreme  judicial  court  shall  have 
jurisdiction  in  equity  to  enforce  compliance  with  all  such 
orders  of  the  board. 

Section  11.  The  company  may,  on  or  before  the  thirty- 
first  day  of  December  in  the  year  nineteen  hundred  and 
nine,  apply  to  the  board  of  aldermen  of  the  cities  of  Bos- 
ton, Somerville  and  Medford  for  an  elevated  railway  route 
over  the  location  herein  gi'anted,  or  in  and  over  such  other 
intervening  public  or  private  ways  or  lands  as  the  mayor 
and  aldermen  may  approve.  If  the  route  so  applied  for 
is  not  approved  by  the  mayor  and  aldermen  within  sixty 
days  after  the  application  therefor,  the  company  shall, 
within  thirty  days  after  the  expiration  of  said  sixty  days, 
apply  to  the  board  for  such  approval,  and  thereupon  the 
board  having  in  view  all  public  interests  shall,  after  pub- 
lic notice  and  hearing,  finally  fix  and  determine  a  route. 
The  company  shall  begin  construction  of  its  elevated  rail- 
way over  such  route  within  six  months  and  shall  complete 
the  same  within  three  and  one  half  years  after  it  is  author- 
ized to  begin  construction  thereof. 

Si-:cTiox  12.  In  the  construction,  maintenance  and  op- 
eration of  the  elevated  railway  and  appurtenances  provided 
for  by  this  act,  the  company  shall  have  the  rights,  powers 
and  privileges,  and  be  .^jubject  to  the  duties,  restrictions 
and  liabilities  prescribed  in  respect  to  its  elevated  lines  and 
structures  by  sections,  eight,  nine,  twelve,  fifteen  and  eight- 
een of  said  chapter  five  hundred  and  forty-eight  of  the 
acts  of  the  vear  cio-hteen  hundred   and   ninetv-four  and 


Acts,  1908.  — Chap.  521.  481 

by  sections  one,  six,  eight,  ten,  sixteen  and  twenty-one  of 
chapter  tive  hundred  of  the  acts  of  the  year  eighteen  liun- 
dred  and  ninety-seven,  and  such  railway  and  appurtenances 
when  constructed  and  its  location  shall  be  held  by  the  com- 
pany by  and  upon  the  tenure  prescribed  in  the  first  clause 
of  section  nineteen  of  said  chapter  five  hundred  ending 
with  the  words  "  Public  Statutes  ",  and  with  the  same 
rights,  privileges  and  immunities  therein  as  are  provided 
in  either  of  said  acts  in  respect  to  its  elevated  lines  or 
structures. 

Section  13.  The  company  may  from  time  to  time  in  capital  stock 
the  manner  and  subject  to  the  requirements  prescribed  by  ^'^  °"  ^'*'"'* 
law,  issue  and  dispose  of  such  amounts  of  its  capital  stock 
or  bonds,  or  of  either  at  its  option,  in  addition  to  amounts 
heretofore  authorized,  as  may  be  necessary  to  meet  and 
pay  the  cost  of  construction,  connection  and  equipment  for 
use  and  operation  of  the  railway  which  it  is  authorized 
by  this  act  to  construct,  and  its  apjiurtenances  and  the 
cost  of  acquisition  of  any  lands,  and  all  other  expenditures 
made  or  incurred  by  the  company  under  authority  of  this 
act. 

Section  14.     This  act  shall  take  effect  upon  its  accept-  When  to  take 

effect. 

ance  by  the  board  of  aldermen,  approved  by  the  mayor  of 
the  cities  of  Somerville  and  Medford,  respectively,  within 
one  month ;  and  by  the  company  by  vote  of  its  board  of 
directors  and  return  thereof,  filed  in  the  ofiice  of  the  sec- 
retary of  the  commonwealth  within  two  months  after  its 
passage.  If  the  construction  of  said  railway  is  delayed  by 
litigation,  unforeseen  casualty  or  other  cause,  the  company 
may  apply  to  the  board  for  extension  of  the  time  therefor, 
and  the  board,  upon  notice  to  the  cities  of  Somerville  and 
Medford,  and  upon  hearing  and  proof  that  such  litigation 
is  not  collusive  or  that  such  casualty  or  other  cause  was 
not  due  to  the  fault  of  the  company,  may  determine  what 
extension  of  the  time  may  reasonably  be  allowed  for  the 
completion  of  the  railway,  and  such  further  time  shall 
thereupon  be  allowed  therefor. 

Section  15.     If  the  company  shall  fail  to  apply  for  a  ah  rights  to 
route  on  or  before  the  thirty-first  day  of  December  in  the  clrt 
year  nineteen  hundred  and  nine,  all  rights  herein  granted 
to  the  company  shall  cease.      Approved  JS'hiy  IJf,  1908. 


cease  in  a 
ain  case. 


482 


Acts,  1908.  — Chaps.  522,  523. 


Cha2?.522  A.\  Act  rei.ativk  to  contkacts  made  by  the  city  of 

BOSTON. 


Contracts 
minle  by  the 
city  of 
Boston. 


Proviso. 


Violation  of 
contract. 


Penalty. 


Be  it  enacted,  etc.,  a.s  follows: 

Section  1,  It  shall  be  unlawful  for  a  member  of  either 
branch  of  the  city  council  of  the  city  of  Boston,  or  the 
head  of  a  department  of  the  city,  or  any  employee  of  the 
city  or  of  the  county  of  Suffolk  to  be  interested  directly  or 
indirectly  in  a  contract  made  by  the  city  or  county  in 
which  the  city  or  county  is  an  interested  party,  or  to 
receive  a  commission,  discount,  bonus,  gift,  contribution 
or  reward  from  or  a  share  in  the  profits  of  the  person  or 
corporation  making  or  performing  such  contract :  provided, 
however,  that  when  a  contractor  with  the  city  or  county 
is  a  corporation,  the  o^vnersllip  of  less  than  five  per  cent 
of  the  stock  actually  issued  shall  not  be  considered  as  hav- 
ing an  interest  in  the  contract  within  the  meaning  of  this 
act,  and  such  ownership  shall  not  affect  the  validity  of  the 
contract,  unless  the  owner  of  such  stock  is  also  an  officer 
or  agent  of  the  cor])oration  or  solicits  or  takes  part  in  the 
making  of  the  contract. 

Section  2.  A  violation  of  any  provision  of  the  pre- 
ceding section  shall  render  void  as  against  the  city  or 
county  the  contract  in  respect  to  which  such  violation 
occurs. 

Section  3.  Whoever  violates  the  provisions  of  this  act 
shall  be  punished  l)y  a  fine  of  not  less  than  fifty  nor  more 
than  one  thousand  dollars,  or  by  such  fine  and  by  impris- 
onment for  not  more  than  one  year. 

Approved  May  15,  1908. 


Char).523  An   Act   relative   to   the   number   of   copies   to   be 
printed  of  tjie  report  or  the  bank  commissioner. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  printed  annually  three  thou- 
sand and  fifty  copies  of  the  annual  report  of  the  bank 
commissioner  relating  to  savings  banks  and  institutions  for 
savings,  safe  deposit  and  loan  and  trust  companies,  of 
which  one  hun(^red  copies  shall  not  include  the  abstract  of 
the  animal  r('}X)rts  of  said  corporations;  and  there  shall  be 


Report  of 
banlv  com- 
missioner. 


Acts,  1908.  — Chaps.  524,  525.  483 

printed  annually  seventeen  linndred  copies  of  the  anmial 
report  of  said  commissioner  relating  to  co-operative  banks 
and  loan  companies,  of  which  one  hundred  copies  shall  not 
include  the  abstract  of  the  annual  reports  of  said  corpora- 
tions. 

Si:cTiON  2.     So  much  of  section  seven  of  chapter  nine  Repeal, 
of  the  Revised  Laws,  relating  to  the  number  of  copies  of 
the  annual  report  of  the  bank  commissioner,  as  is  incon- 
sistent herewith,  and  so  much  of  any  act  in  amendment 
thereof  as  is  inconsistent  herewith,  is  hereby  rej^aled. 

Approved  May  15,  1908. 

An  Act  to  provide  foe  alterations  and  improvements  (JJiQp^^24: 

IN    PUBLIC    SCHOOL    BUILDINGS    IN    THE    CITY    OF    BOSTON 
SO   AS   TO   SECURE   GREATER  SAFETY    IN   CASE   OF   FIRE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  meet  the  expense  of  providing  increased  ^/p®''fn'°"hooi 
facilities  for  ea-ress  from  school  buildings  in  the  citv  of  buildings  in 
Boston  by  means  of  the  construction  of  fire  escapes  and  Boston, 
otherwise,  and  of  making  alterations  in  existing  school 
buildings  in  that  city  so  as  to  render  the  occupants  of 
said  buildings  less  liable  to  injury  in  case  of  fire,  the  board 
of  schoolhouse  commissioners  of  the  city  may  use  such  por- 
tions of  the  appropriations  heretofore  made  for  furnishing 
additional  accommodations  for  pupils  in  the  various  school 
districts  under  the  provisions  of  chapter  four  hundred  and 
fifty  of  the  acts  of  the  year  nineteen  hundred  and  seven 
as  the  said  board  of  schoolhouse  commissioners  may  certify 
in  a  writing,  approved  by  the  mayor  of  the  city,  will  in 
their  opinion  remain  unexpended  after  the  additional  ac- 
commodations for  which  the  said  appropriations  were  made 
shall  have  been  provided. 

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

Approved  May  15,  1908. 


Chap.525 


An  Act  relative  to  registration  in  pharmacy. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  fourteen  of  chapter  seventv-six  of  R  L-  "6,  §  u, 

.  1111  I'li    ^^'^■'  amended. 

the  Kevised   Laws,   as   amended   by  chapter  one  hundred 
and  twenty  of  the  acts  of  the  year  nineteen  hundred  and 


i81  Acts,  1908.  — Chap.  525. 

six,  is  hereby  further  amended  hy  insertino;  after  the  word 
"dollars",  in  the  ninth  line,  the  words:  —  The  board  of 
registration  in  pharmacy  may  grant  certificates  of  regis- 
tration as  assistants  after  examination  npon  the  terms 
above  named,  bnt  snch  certificates  shall  not  allow  the 
holder  thereof  to  carry  on  the  bnsiness  of  pharmacy,  —  by 
striking  ont  the  word  "  five  ",  in  the  seventeenth  line,  and 
inserting  in  place  thereof  the  word  :  —  ten,  —  and  by  in- 
serting after  the  word  "  application  ",  in  the  eighteenth 
line,  the  words :  —  Xo  certificate  known  as  the  reciprocity 
certificate  shall  be  granted  until  the  person  so  applying 
shall  have  signified  his  intention  of  acting  under  the  same 
^r^'^il'tr'a^aon  ^^^  ^^^^  commonwcalth,  —  so  as  to  read  as  follows :  —  Sec- 
^^^ph^rai&-  figy^  2Jf.  A  person  who  desires  to  do  business  as  a  pharma- 
cist shall,  upon  payment  of  five  dollars,  be  entitled  to  ex- 
amination, 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  regu- 
lar meeting  of  the  board,  upon  the  payment  of  three  dol- 
lars. The  board  of  registration  in  pharmacy  may  grant 
certificates  of  registration  as  assistants  after  examination 
upon  the  terms  above  named,  but  such  certificates  shall  not 
allow  the  holder  thereof  to  carry  on  the  business  of  phar- 
macy. The  said  board  may,  in  its  discretion,  grant  certifi- 
cates of  registration  to  such  persons  as  shall  furnish  with 
their  application  satisfactory  proof  that  they  have  been 
Proviso.  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  ten  dollars 
at  the  time  of  filing  the  application,  l^o  certificate  known 
as  the  reciprocity  certificate  shall  be  granted  until  the  per- 
son so  applying  shall  have  signified  his  intention  of  act- 
ing under  the  same  in  this  commonwealth.  All  fees  re- 
ceived by  the  board  shall  be  paid  by  its  secretary  into  the 
treasury  of  the  commonwealth. 
R.  L.  76,  §  18,  Section  2.  Section  eighteen  of  chapter  seventy-six  of 
amen  e  ^^^  Revised  Laws  is  hereby  amended  by  adding  at  the  end 

thereof  the  words:  —  Every  registered  ])harniacist  engaged 


Acts,  1908.  — Chap.  525.  485 

in  the  business  of  pharmacy  shall  cause  his  name  to  ap- 
pear on  every  sign  indicating  or  advertising  his  place  of 
business  and  on  every  label  used  for  medicinal  prepara- 
tions compounded  in  his  place  of  business.  iSTo  unregis- 
tered copartner  shall  hereafter  be  actively  engaged  in  the 
business  of  pharmacy;  but  this  provision  shall  not  apply 
to  those  engaged  in  the  business  at  the  time  of  the  enact- 
ment hereof,  —  so  as  to  read  as  follows:  —  Section  IS.  l^^^l%lf^^^^ 
Whoever,  not  being  registered  as  aforesaid,  retails,  com- 
pounds for  sale  or  dispenses  for  medicinal  purposes  or 
keeps  or  exposes  for  sale  drugs,  medicines,  chemicals  or 
poisons,  except  as  provided  in  section  twenty-three,  shall 
he  punished  by  a  fine  of  not  more  than  fifty  dollars.  But 
the  provisions  of  this  section  shall  not  prohibit  the  em- 
ployment of  apprentices  or  assistants  under  the  personal 
supervision  of  a  registered  pharmacist.  Every  registered 
pharmacist  engaged  in  the  business  of  pharmacy  shall 
cause  his  name  to  appear  on  every  sign  indicating  or  ad- 
vertising his  place  of  business  and  on  every  label  used  for 
medicinal  preparations  compounded  in  his  place  of  busi- 
ness. ISTo  unregistered  copartner  shall  hereafter  be  actively 
engaged  in  the  business  of  pharmacy;  but  this  provision 
shall  not  apply  to  those  engaged  in  the  business  at  the  time 
of  the  enactment  hereof. 

Section  3.     Section  twenty-three  of  said  chapter  sev-  r.l.  76,  §23, 
enty-six,  as  amended  by  chapter  three  hundred  and  twenty-  ^*''-  amended, 
seven  of  the  acts  of  the  year  nineteen  hundred  and  two, 
is  hereby  further  amended  by  striking  out  all  after  the 
word   "  others  ",   in  the  tenth  line,  to   and  including  the 
word  "  pharmacist  ",  in  the  fifteenth  line,  so  as  to  read  as 
follows :  —  Section  23.     The  provisions  of  sections  twenty-  Not  to  apply  to 
one  to  twenty-nine,  inclusive,  of  chapter  one  hundred,  sec-  of'cemin"pre-'' 
tion  twenty-six  of  chapter  seventy-five  and  section  two  of  scnptions. 
chapter  two  hundred  and  thirteen  shall  not  apply  to  physi- 
cians who  put  up  their  own  prescriptions  or  dispense  medi- 
cines to  their  patients ;  nor  to  the  sale  of  drugs,  medicines, 
chemicals  or  poisons  at  wholesale  only;  nor  to  the  manu- 
facture or  sale  of  patent  and  proprietary  medicines ;  nor 
to   the   sale   of  non-poisonous   domestic   remedies   usually 
sold  by  grocers  and  others.     The  widow,  executor  or  ad- 
ministrator of  a  registered  pharmacist  who  has  died  or  the 
wife  of  one  who  has  become  incapacitated  may  continue 


486  Acts,  1908.  — Chaps.  526,  527. 

his  business  under  a  registered  ])liarmacist,  who  may  also 
be  considered  qualified  to  receive  a  sixth  class  license  to 
be  exercised  n}X)n  said  premises  of  said  deceased  or  in- 
capacitated pharmacist  under  the  registered  licensee's  per- 
sonal supervision.  The  provisions  of  section  twenty-two 
of  chapter  one  hundred,  so  far  as  they  may  be  inconsistent 
herewith,  shall  not  apply  to  licenses  issued  hereunder. 
Repeal.  Section  4.    All  acts  and  parts  of  acts  inconsistent  here- 

with are  hereby  repealed.         Approved  May  15,  1908. 

Chap.52(j  An  Act  to  provide  fob  extending  the  stone  break- 
water  IN   VINEYARD    HAVEN    HARBOR. 

Be  it  enacted,  etc.,  as  follows: 

^one'brelk-''^        Section  1.     The  board  of  harbor  and  land  commission- 
water  in  Vine-  ers  is  hereby  directed  to  extend  the  stone  breakwater  in 

yard  Haven  .  "^ 

harbor.  Vineyard   Haven   harbor,   built   under   the   provisions   of 

chapter  four  hundred  and  forty-two  of  the  acts  of  the  year 
nineteen  hundred  and  five,  in  the  location  and  in  the  man- 
ner descril)ed  in  the  report  of  said  board  for  the  year 
nineteen  hundred  and  four,  and  for  this  purpose  may  ex- 
pend a  sum  not  exceeding  ten  thousand  dollars. 

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

Approved  May  19,  1908. 

Chap.527  An  Act  to  authorize  the  town  of  Chester  to  incur 

INDEBTEDNESS    FOR    THE    PURPOSE    OF    CONSTRUCTING    A 
SCHOOL   BUILDING, 

Be  it  enacted,  etc.,  as  follows: 
rheste7mav  Section  1.     The  town  of  Chester,  for  the  purpose  of 

'r^"rfor'l!n!'"^    purchasing  land  and  of  erecting,  furnishing  and  equipping 
structing  a        .|   jiew   school   buildiuff  thereon,    is   herebv   authorized    to 

school  Tpc  I'lin 

building.  Dorrow  a  sum  not  exceeding  ntteeu  tliousand   dollars,   m 

excess  of  the  statutory  debt  limit,  and  to  issue  notes  or 
bonds  therefor.  Such  notes  or  bonds  shall  be  designated 
on  the  face  thereof.  Town  of  Chester  School  Loan,  Act  of 
IDOcS,  shall  be  payable  at  the  ex])iration  of  periods  not  ex- 
ceeding twenty  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  treas- 
urer and  countersigned  by  the  selectmen  of  the  town.  The 
town  may  sell  such  securities  at  public  or  private  sale,  or 


Acts,  1908.  — Chap.  528.  487 

pledge  the  same  for  money  borrowed  for  the  purpose  afore- 
said, upon  such  terms  and  conditions  as  it  may  deem  ex- 
pedient, provided  that  they  shall  not  be  sold  for  less  than 
the  par  value  thereof. 

Section  2.  Said  town  shall  provide  for  the  payment  f^^^^^^^^  °^ 
of  said  loan  in  such  annual  proportionate  payments  as 
will  extinguish  the  same  within  the  time  prescribed  by 
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  there- 
after, in  the  same  manner  in  which  other  taxes  are  as- 
sessed, until  the  debt  incurred  by  the  loan  is  extinguished. 
The  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  May  19,  1908. 

An  Act  to  requike  certain  persons  and  partnerships  CJiap.[j2S 
TO   appoint   agents   upon    whom   service   of   legal 

PROCESS   MAY   BE   MADE. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.      Every  person  not  an  inhabitant  of  this  certain  per- 

n,i  1  ,  1  •  ^      £  sons  and  part- 

commonwealth  and  every  partnershi])  composed  oi  persons  neiships  to 
not  inhabitants  of  this  commonwealth,  having  a  usual  place  agents,*^etc. 
of  business  in  this  commonwealth,  tem]^orarily  or  perma- 
nently, or  engaged  in  this  connnonwealth,  temporarily  or 
permanently,  and  with  or  without  a  usual  place  of  busi- 
ness therein,  in  the  construction,  erection,  alteration  or 
repair  of  a  building,  bridge,  railroad,  railway,  or  struc- 
ture of  any  kind,  shall,  before  doing  business  in  this  com- 
monwealth appoint  in  writing  a  person  who  is  a  citizen 
and  resident  of  this  commonwealth  to  be  his  or  its  true 
and  lawful  attorney  upon  whom  all  lawful  processes  against 
such  person  or  partnership  may  be  served  with  like  effect 
as  if  served  on  such  person  or  partnership;  and  said  writ- 
ing or  power  of  attorney  shall  contain  an  agreement  on 
the  part  of  the  person  or  persons  making  the  same  that 
the  service  of  any  lawful  ]irocess  against  such  person  or 
partnership  on  said  attorney  shall  be  of  the  same  legal 
force  and  validity  as  service  on  such  person  or  partner- 


488 


Acts,  1908.  — CiiAr.  529. 


Penalty. 


When  to  take 
effect. 


ship.  Tlie  power  of  attorney  shall  he  filed  in  the  office  of 
the  secretary  of  the  commonwealth,  and  copies  certified  by 
him  shall  be  taken  as  sufficient  evidence  thereof.  Snch 
agency  shall  be  continued  so  long  as  such  person  or  part- 
nership does  business  as  aforesaid  in  this  commonwealth, 
and  the  power  of  attorney  shall  not  be  revoked  until  a  simi- 
lar power  is  given  to  another  citizen  and  resident  of  this 
commonwealth  and  filed  as  aforesaid. 

Section  2.  Every  such  person  or  partnership  neglect- 
ing or  refusing  to  appoint  such  attorney  shall  be  notified 
by  the  secretary  of  the  commonwealth,  upon  information 
and  request  by  any  citizen  of  the  commonwealth,  of  the 
provisions  of  this  act ;  and  every  person  who  acts  within 
this  commonwealth  as  agent  of  any  such  person  or  part- 
nership continuing  to  neglect  or  refuse,  after  receipt  of 
such  notice  from  the  secretary  of  the  commonwealth,  to 
appoint  such  attorney,  shall  forfeit  to  the  treasurer  and 
receiver  general  the  sum  of  ten  dollars  for  each  day  during 
which  such  person  has  acted  as  such  agent  within  this 
commonwealth,  after  such  neglect  or  refusal  to  a])point 
such  attorney  upon  notice  by  the  secretary  of  the  common- 
wealth. 

Section  3.  This  act  shall  take  effect  on  the  first  day 
of  January  in  the  year  nineteen  hundred  and  nine. 

Approved  May  19,  1908. 


Purchase,  sale, 
etc.,  of  electric 
light  com- 
panies. 


Chap.t)29  An   Act  to  authorize   tjie  purchase,   sale  and  con- 
solidation OF  GAS  AND  ELECTRIC  LIGHT   COIMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  this  act  "  gas  company  "  means  any  cor- 
poration organized  under  the  laws  of  this  commonwealth 
for  tht»  purpose  of  making  or  selling  gas  for  light,  heat  or 
power,  and  actually  engaged  in  that  business,  including  such 
of  said  corporations  as  are  also  duly  authorized  to  generate 
and  furnish  electricity  for  light  and  power ;  and  "  electric 
light  company  "  means  any  corporation  organized  under 
the  law^s  of  this  commonwealth  for  the  purpose  of  making 
or  selling  electricity  only  for  light,  heat  or  power  and 
actually  engaged  in  that  lousiness. 
Consolidation          Section   2.      A  ffas  comi)aiiv  mav    purchase   the   fran- 

niay  be  c  i      '  ' 

effected  in  ca.se  ehisc   aud    proucrtv   of    another    li'as   companv    whos(^   gas 

of  companies  i        i         .  •-  i        i-  o 


Acts,  1908.  — Chap.  529.  489 


mains   are  in   the   same   or  contiffnons   mmiicipalities,   or  occupying  the 

^  -.  ,      same  or  con- 

may  consolidate  with  such  other  gas  company,  and  such  tiguous  muni- 
other  gas  company  may  sell  and  convey  its  franchise  and 
property  to,  or  may  consolidate  with,  such  first-mentioned 
gas  company ;  and  an  electric  light  company  may  purchase 
the  franchise  and  property  of  another  electric  light  com- 
pany whose  lines  are  in  the  same  or  contiguous  munic- 
ipalities, or  may  consolidate  with  such  other  electric  light 
company,  and  such  other  electric  light  company  may  sell 
and  convey  its  franchise  and  property  to,  or  may  consoli- 
date with,  such  first-mentioned  electric  light  company: 
provided,  that  no  such  purchase  and  sale  or  consolidation  Proviso, 
shall  be  valid  or  binding  until  the  terms  thereof  have  been 
approved,  at  meetings  called  for  the  purpose,  by  a  vote  of 
at  least  two  thirds  in  interest  of  the  stockholders  of  each 
of  the  contracting  companies,  and  until  the  board  of  gas 
and  electric  light  commissioners,  after  notice  and  a  pub- 
lic hearing,  have  determined  that  the  facilities  for  fur- 
nishing and  distributing  light,  heat  and  power  will  not 
thereby  be  diminished,  and  that  such  purchase  and  sale  or 
consolidation  and  the  terms  thereof  are  consistent  with  the 
public  interest. 

Section   3.      The  purchasing  or  consolidated  company  powers,  rights, 
shall  have  and  enjoy  all  the  powers,  rights,  locations,  li-   °^^  '°"'^' 
censes,  privileges  and  franchises,   and  shall  be  sulgect  to 
all  the  duties,  liabilities  and  restrictions,  of  the  company 
selling  or  merged  as  aforesaid,  so  far  as  the  same  are  ap- 
plicable to  the  purchasing  or  consolidated  company. 

Sp^ction  4.  The  purchasing  or  consolidated  company  Capital  stock 
may,  for  the  purpose  authorized  in  section  two,  increase  creased, 'etc. 
its  capital  stock  and  issue  bonds  in  the  manner  and  sub- 
ject to  the  limitations  provided  by  law ;  and  may,  for  the 
same  purpose  and  subject  to  the  same  limitations,  exchange 
its  securities  for  those  of  the  selling  or  merged  company, 
upon  such  terms  as  may  be  approved  by  the  board  of  gas 
and  electric  light  commissioners. 

Section  5.     l^o  electric  light  company  shall  purchase  Electric  light 
the  franchise  or  property  of,   or  consolidate  with,   a  gas  to'con"oiidat"e* 
company;   and   no  gas  company  shall   purchase  the  fran-  pan'?efretc°™' 
chise  or  property  of,  or  consolidate  with,  an  electric  light 
company:  'provided,  that  a  gas  company  authorized  to  en-  Proviso, 
gage  in  the  business  of  generating  and  furnishing  elec- 


490 


Acts,  1908.  — Chap.  530. 


Consolidati 
i>f  riMlaiii 
roiiipaiues 
autliorizeil. 


Repeal. 


tricity  for  light  and  power  under  the  provisions  of  section 
fourteen  of  chapter  one  hundred  and  twenty-one  of  the 
Kevised  Laws  may,  with  the  ai)j)roval  of  the  board,  exer- 
cise the  autliority  conferred  hy  section  twenty-two  of  said 
chapter. 

Section  G.  ]Srothing  contained  in  this  act  shall  be  con- 
strued as  authorizing-  the  consolidation  of  the  Boston  Con- 
solidated Gas  Company  and  The  Edison  Electric  Illumi- 
nating Company  of  Boston. 

Section  7.  All  general  laws  which  are  inconsistent 
herewith  are  hereby  repealed. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  19,  1908^ 


Transporta- 
tion of  pupils 
of  certain 
schools. 


Clia2?.5^0  An  Act  relative  to  the  teanspoetation,  by  steeet 

AND  ELEVATED  RAILWAY  COMPANIES,  OF  PUPILS  OF  THE 
PUBLIC  DAY  AND  PUBLIC  EVENING  SCHOOLS  AND  PRIVATE 
SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  rates  of  fare  charged  by  street  or  ele- 
vated railway  companies  for  the  transportation  of  pupils 
of  the  public  day  schools  or  public  evening  schools  or  pri- 
vate schools  between  a  given  point,  from  or  to  wdiicli  it  is 
necessary  for  them  to  ride  in  travelling  to  or  from  the 
schoolhouses  in  which  they  attend  school  and  their  homes, 
whether  such  schoolhouses  are  located  in  the  city  or  town 
in  which  the  pupils  reside  or  in  another  city  or  town,  shall 
not  exceed  one  half  the  regular  fare  charged  by  such  street 
or  elevated  railway  company  for  the  transportation  of 
other  passengers  between  said  points,  and  tickets  for  the 
transportation  of  |)U])ils  as  aforesaid,  good  during  the  days 
or  evenings  on  which  said  schools  are  in  session,  shall  be 
sold  by  said  com])anies  in  lots  of  ten  each.  A  railway 
company  which  violates  the  provisions  of  this  section  shall 
forfeit  twenty-five  dollars  for  each  offence. 

Section  2.  Section  ninety-nine  of  Part  III  of  chapter 
four  hundred  and  sixty-three,  and  chapter  four  hundred 
and  seventy-nine,  of  the  acts  of  the  year  nineteen  hundred 
and  six  are  hereby  repealed. 

'Section  3.     This  act  shall  take  effect  ^^^o^^  its  jiassage. 

Approved  May  19,  190S. 


Repeal . 


Acts,  1908.  — Chap.  531.  491 


An  Act  relative  to  the  sale  of  paint,  turpentine  (JJkij)^^^^ 

AND  linseed  oil. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     It  shall  be  unlawful  to  sell,  or  oflfer  or  ex-  Saie  of  paint, 
pose  for  sale,  or  to  dispose  of,  or  to  have  in  possession  with  etc. 
intent  to  sell  or  dispose  of,  any  paint,  turpentine  or  lin- 
seed oil  which  is  labelled  or  marked  in  such  manner  as  to 
deceive,  or  as  to  tend  to  deceive,  any  person  as  to  its  nature 
or  composition. 

Section  2.     The  term  paint  as  used  in  this  act  shall  Term  defined, 
include  white  lead,  oxide  or  zinc  and  red  lead,  dry  or  in 
any  kind  of  oil,  and  any  compound  intended  for  the  same 
use,  colors  ground  in  oil,  paste  or  semi-paste  paint,  and 
liquid  or  mixed  paint  ready  for  use. 

Section  3.     The  having  in  possession,  by  any  person,  violation  of 

fi,•  IT-  •  •  1         ,•    1  (•  ,'1       provisions  of 

rm  or  corporation  dealing  in  said  articles,  oi  any  article  law. 

or  substance  herein  designated  and  marked  or  labelled 
contrary  to  the  provisions  hereof  shall  be  prima  facie  evi- 
dence that  the  same  is  kept  by  such  person,  firm  or  cor- 
poration in  violation  of  the  provisions  hereof. 

Section  4.     Any  violation  of  this  act  shall  for  each  Penalty, 
offence  be  punished  by  a  fine  of  not  less  than  twenty-five 
and  not  more  than  one  hundred  dollars,  or  by  imprison- 
ment for  not  more  than  sixty  days. 

Section  5.     Upon  the  written  complaint  of  any  person  Duties  of  dis- 
aggrieved  by  the  violation  of  any  provision  of  this  act  the  under  pro- 
district  police  and  their  agents  are  hereby  authorized  to  thtsXw! 
enter  any  place  of  business,  store  or  building  where  the 
sale  of  paint,  turpentine  or  linseed  oil  is  carried  on,  and 
to  open  and  inspect  any  package,  can,  jar,  tub,  or  other 
receptacle  containing  articles  that  might  be  sold  or  exposed 
for  sale  in  violation  of  the  provisions  of  this  act,  and  may 
appoint  and  remove  inspectors,  analysts  and  chemists  for 
the  purpose  of  inspecting  or  analyzing  the  contents  of  any 
such  package,  can,  jar,  tub  or  other  receptacle.     Inspectors 
so   appointed  shall  have  the   same  powers   and   authority 
relative  to  the  articles  aforesaid  as  are  given  by  sections 
forty-two  and  fifty-two  of  chapter  fifty-six  of  the  Revised 
Laws  to  the  ins])ectors  named  therein. 

Section  6.     Whoever  hinders,  obstructs  or  in  any  way  Penalty, 
interferes  with  any  inspector,  analyst  or  other  officer  ap- 


492 


Acts,  1908.  — Chap.  532. 


When  to  take 
effect. 


1907, 474 
amended. 


§5, 


pointed  or  acting  nndcr  the  provisions  of  this  act,  while 
in  the  performance  of  his  oihcial  duty,  shall  he  punished 
by  a  tine  of  not  more  than  fifty  dollars  for  the  first  otfence, 
and  of  not  more  than  one  hundred  dollars  for  each  subse- 
quent offence. 

Section  7.  This  act  shall  take  effect  on  the  first  day 
of  January  in  the  year  nineteen  hundred  and  nine. 

Approved  May  19,  1908. 

Chap.^'y2  An  Act  to  authorize  the  construction   of  a  sana- 
torium  FOR  tubercular  PATIENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  five  of  chapter  four  hundred  and 
seventy-four  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  inserting  after  the  word  "  dol- 
lars ",  in  the  tenth  line,  the  words:  —  provided,  however, 
that  the  governor  and  council  may,  in  their  discretion,  ap- 
prove plans  for  any  one  of  said  sanatoriums  separately,  if 
they  are  convinced  that  the  cost  of  such  sanatorium,  in- 
cluding the  real  estate  and  erection  of  the  buildings  and 
the  equipment  and  furnishing  of  the  same  ready  for  occu- 
pancy, will  not  exceed  one  hundred  thousand  dollars,  and 
after  such  approval  a  sum  not  exceeding  one  hundred  thou- 
sand dollars  may  be  expended  for  the  erection,  equipment 
and  furnishing  of  such  sanatorium,  notwithstanding  that 
the  plans  for  the  other  sanatoriums  have  not  been  approved, 
—  so  as  to  read  as  follows :  —  Section  5.  The  expendi- 
ture for  carrying  out  the  purposes  of  this  act  shall  not 
exceed  three  hundred  thousand  dollars.  No  expenditure 
shall  be  made  for  the  erection  of  Iniildings  except  for  plans 
therefor,  until  such  plans  have  been  ap])roved  by  the  gov- 
ernor and  council,  and  no  such  approval  shall  be  given 
unless  the  governor  and  council  are  convinced  tliat  the  cost 
of  the  real  estate  and  the  erection  of  the  buildings,  and 
the  equipment  and  furnishing  of  the  same  ready  for  occu- 
pancy, will  not  exceed  three  hundred  thousand  dollars: 
provided,  however,  that  the  governor  and  council  may,  in 
their  discretion,  approve  plans  for  any  one  of  said  sana- 
toriums separately,  if  they  are  convinced  that  the  cost  of 
such  sanatorium,  including  the  real  estate  and  erection  of 
the  buildings  and  the  equipment  and  furnishing  of  the 
same  ready  for  occupancy,  will  not  exceed  one  hundred 


Expenditures 
for  construct- 
ing state 
sanatoriums. 


Proviso. 


Acts,  1908.  — Chap.  533.  493 

thousand  dollars,  and  after  snch  approval  a  sum  not  ex- 
ceeding one  hundred  thousand  dollars  may  be  expended 
for  the  erection,  equipment  and  furnishing  of  such  sana- 
torium, notwithstanding  that  the  plans  for  the  other  sana- 
toriums  have  not  been  approved.  The  trustees  shall  have 
authority  to  make  all  contracts  and  to  employ  all  agents 
necessary  to  carry  into  effect  the  provisions  of  this  act. 

Section  2.     Said  chapter  four  hundred  and  seventy-  i907, 474,  §  7, 
four  is  hereby  further  amended  by  striking  out   section 
seven  and  inserting  in  place  thereof  the  following:  —  Sec-  Governor  to 
tion  7.     When  any  one  of  the  buildings  constructed  under  mation™ 
the  ju-ovisions  of  this  act  is  so  far  completed  that  in  the 
opinion  of  said  trustees  it  may  properly  be  used  for  the 
purpose  aforesaid,  the  trustees  shall  notify  the  governor 
who  shall  thereupon  issue  his  proclamation  establishing 
said  sanatorium. 

Section'  3.     This  act  shall  take  eifect  upon  its  passage. 

Approved  May  19,  1908. 

An  Act  to  authorize  the  board  of  trustees  of  three  (JJiap.^^^ 

SANATORIUMS  FOR  TUBERCULAR  PATIENTS  TO  TAKE  LAND 
AND    EASEMENTS    FOR    WATER   AND    SEWERAGE    PURPOSES. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     The  trustees  of  sanatoriums  for  tubercular  Land,  etc., 
patients,  established  by  chapter  four  hundred  and  seventy-  ESr  water\nd 
four  of  the  acts  of  the  year  nineteen  hundred  and  seven,  poles^for  sana- 
are  hereby  authorized  to  lease  or  purchase  or  take  by  right  tuberTuii^ 
of  eminent  domain  at  any  time  within  two  years  after  the  patients, 
passage  of  this  act  such  lands  or  easements  or  rights  therein 
as  they  may  deem  necessary  for  the  purpose  of  establish- 
ing a  water  supply  and  sewerage  system  for  the  three  sana- 
toriums for  tubercular  patients  authorized  by  said  chapter 
to  be  constructed,  provided  that  the  same  shall  be  approved 
by  the  state  board  of  health. 

Section  2.  The  said  trustees  shall  within  thirty  days  Taking  to  be 
after  taking  any  property  or  easements  or  rights  therein  '^^^°^  e  ,  e  c. 
by  right  of  eminent  domain  sign  and  cause  to  be  recorded 
in  the  registry  of  deeds  for  the  county  and  district  in 
which  the  same  are  situated,  a  statement  containing  a  de- 
scription thereof  as  certain  as  is  required  in  a  common 
conveyance  of  land,  and  stating  that  the  same  are  taken 
for  the  purpose  of  establishing  a  water  supply  and  sewer- 


491 


Acts,  1908.  — Chap.  534. 


Damages. 


Proceedings 
for  recovery 
of  damages. 


age  system  for  said  hospitals  or  any  one  of  them,  and  upon 
such  recording  the  property,  easements  and  rights  described 
in  said  statement  shall  be  deemed  to  be  taken  by  the  com- 
monwealth. Said  trustees  shall,  after  they  have  taken  any 
property  under  the  right  of  eminent  domain,  notify  the 
owner  thereof. 

Section  3.  Any  person  sustaining  damage  by  the  tak- 
ing of  land,  easements,  rights  or  other  property  hereunder 
who  fails  to  agree  with  said  trustees  as  to  the  amount 
thereof  may  have  the  same  assessed  and  determined  in 
the  manner  provided  by  law  in  the  case  of  land  taken  for 
laying  out  highways,  on  application  at  any  time  within 
one  year  after  the  taking  of  such  land  or  other  property. 

Section  4.  In  any  proceeding  for  the  recovery  of  dam- 
ages hereunder  said  trustees  may  offer  in  court  and  con- 
sent in  writing  that  a  sum  therein  specified  may  be  awarded 
as  damages  to  the  complainant ;  and  if  the  complainant 
shall  not  accept  the  same  within  ten  days  after  he  has 
received  notice  of  such  offer,  and  shall  not  finally  recover 
a  greater  sum  than  the  one  offered,  not  including  interest 
on  the  sum  recovered  as  damages  from  the  date  of  the  offer, 
said  trustees  shall  be  entitled  to  recover  costs  after  said 
date,  and  the  complainant,  if  he  recovers  damages,  shall 
be  allowed  costs  only  to  the  date  of  the  offer,  unless  the 
damages  so  recovered  shall  be  in  excess  of  the  amount 
offered  by  said  trustees,  as  aforesaid. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  10,  1908. 


R.  L.  110.  §  32, 
amended. 


Chap.534:  An  Act  relative  to  the  increase  of  capital  stock 

BY  GAS  AND  ELECTRIC   COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  thirty-two  of  chapter  one  hundred 
and  ten  of  the  Revised  Laws  is  hereby  amended  by  in- 
serting after  the  word  "  laws  ",  in  the  fourth  line,  the 
word :  —  and,  —  and  by  striking  out  in  lines  six  to  eleven, 
inclusive",  the  words  "  and,  subject  to  the  provisions  of  sec- 
tion twenty-four  of  cha])ter  one  hundred  and  nine,  a  cor- 
poration which  is  created  by  special  charter  or  organized 
under  general  laws  for  the  purpose  of  making  and  selling 
gas  for  light  in  a  city  or  town,  whether  otherwise  subject 
to  the  provisions  of  this  chapter  or  not ",  and  by  adding 


Acts,  1908.  — Chap.  535.  495 

at  the  end  of  the  section  the  words :  —  A  corporation  which 
is  created  by  special  charter  or  organized  under  general 
laws  for  the  purpose  of  making  and  selling  gas  or  elec- 
tricity for  light,  heat  or  power  in  a  city  or  town,  whether 
otherwise  subject  to  the  provisions  of  this  chapter  or  not, 
may  increase  its  capital  stock  from  time  to  time  by  such 
amounts  as  may  be  authorized  by  the  board  of  gas  and 
electric  light  commissioners  in  accordance  with  the  provi- 
sions of  section  twenty-four  of  chapter  one  hundred  and 
nine,  and  may  reduce  the  same,  subject  to  the  provisions 
of  this  chaiiter,  —  so  as  to  read  as  follows  :  —  Section  32.  Certain  cor- 

1  ■  ,  <■  1        porations  may 

A  cori")oration  which  is  created  by  special  charter  for  the  reduce  or  in- 

^  ,  .  1  •       1  I"  •  crease  capital, 

purpose  of  carrying  on  any  mechanical  or  manuiacturing  etc. 
business  and  which  has  not  accepted  the  provisions  of  this 
chapter  or  the  corresponding  provisions  of  earlier  laws, 
and  a  corporation  which  is  created  by  special  charter  for 
the  purpose  of  mining  whether  otherwise  subject  to  the 
provisions  of  this  chapter  or  not,  may  increase  its  capital 
stock  to  an  amount  not  exceeding  one  million  dollars,  and 
may  reduce  the  same,  subject  to  the  provisions  of  this 
chapter.  A  corporation  which  is  created  by  special  char- 
ter or  organized  under  general  laws  for  the  purpose  of 
making  and  selling  gas  or  electricity  for  light,  heat  or 
power  in  a  city  or  town,  whether  otherwise  subject  to  the 
provisions  of  this  chapter  or  not,  may  increase  its  capital 
stock  from  time  to  time  by  such  amounts  as  may  be  au- 
thorized by  the  board  of  gas  and  electric  light  commis- 
sioners in  accordance  with  the  provisions  of  section  twenty- 
four  of  chapter  one  hundred  and  nine,  and  may  reduce 
the  same,  subject  to  the  provisions  of  this  chapter. 

Section  2.     Chapter  four  hundred  and  thirty-seven  of  Repeal, 
the  acts  of  the  year  nineteen  hundred  and  six  is  hereby 
repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  19,  190S. 

An  Act  to  authorize   the   town  of  maebleiiead  to  ni^n^^  535 

MAKE  AN  ADDITIONAL  WATEK  LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Marblchead,  for  the  purpose  Town  of 
of  enlarging  and   improving  its  present  system  of  water  \v4'ter''Loan, 
supply,  may  issue  from  time  to  time  bonds,  notes  or  scrip  ^"^  °^  ^^^^- 


496  Acts,  1908.  — Chap.  5m. 

to  an  amount  not  exceeding  one  hundred  thousand  dollars 
in  addition  to  the  amounts  heretofore  authorized  by  law 
to  be  issued  by  said  town  for  water  works  purposes.  Such 
bonds,  notes  or  scrip  shall  bear  on  their  face  the  words, 
Town  of  Marblehead  Water  Loan,  Act  of  1908;  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  five  per  cent  per 
annum ;  and  shall  be  signed  by  the  treasurer  of  the  town 
and  countersigned  by  the  water  commissioners.  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  terms  and  conditions  as  it  may  deem 

Proviso.  proper:   provided,  that  such  securities   shall  not  be  sold 

for  less  than  the  par  value  thereof. 

Payment  of  Section  2.     Said  to'wu  shall,  at  the  time  of  authoriz- 

ing said  loan  or  any  part  thereof,  provide  for  the  pay- 
ment thereof  in  such  annual  payments,  as  nearly  equal  in 
amount  as  practicable,  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  income  de- 
rived from  water  rates,  will  be  sufficient  to  pay  the  annual 
expense  of  operating  its  water  works  and  the  interest  as 
it  accrues  on  the  said  bonds,  notes  or  scrip,  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  there- 
after, in  a  manner  similar  to  that  in  which  other  taxes  are 
assessed,  until  the  debt  incurred  by  said  loan  is  extin- 
guished. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  19,  1908. 

Chup.536  '^^  Act  relative  to  the  expenses  of  the  board  of 

GAS   AND  EEECTRIC    LIGHT    COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 

Expenses  of  Section  1.      The  l)oard  of  gas  and  electric  light  corn- 

board  of  gas  .     .  lie  '        •     • 

and  eiectnc       missioucrs  uiav  cxpoud   annuallv  tor  necessarv   statistics, 

light  com-  .  •  '  .  "  i'  c  1       •       1 

missioners.  books,  Stationery  and  contingent  expenses,  and  tor  clerical 
assistance,  such  sum  as  the  general  court  shall  annually 
appropriate. 

Salaries  of  Section  2.     Tho  siilarv  of  the  present  inspector  of  gas 

meters  and  of  illuminating  gas  shall  be  twenty-eight  bun- 


Acts,  1908.  — Chaps.  537,  538.  497 

dred  dollars  a  year ;  of  the  present  first  assistant  inspector, 
eighteen  hundred  dollars  a  year;  of  the  present  second 
assistant  inspector,  sixteen  hundred  dollars  a  year ;  and 
the  board  of  gas  and  electric  light  commissioners  may  ex- 
pend annually  for  the  compensation  of  deputies,  and  for 
office  rent,  travelling  and  other  necessary  expenses  inci- 
dent to  the  duties  of  said  inspectors,  such  sum  as  the  gen- 
eral court  shall  annually  appropriate. 

Section  3.     So  much  of  chapter  fifty-four  of  the  acts  Repeal, 
of  the  year  nineteen  hundred  and  seven  as  is  inconsistent 
herewith  is  hereby  repealed. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

{The  foregoing  was  laid  before  the  Lieutenmit  Gov- 
ernor, Acting  Governor,  on  the  fourteenth  day  of  May, 
190S,  and  after  five  days  it  had  "  the  force  of  a  law  " ,  as 
prescribed  by  the  Constitution,  as  it  was  not  returned  by 
him  with  his  objections  tJiereto  imthin  that  time.) 

An  Act  to  authorize  camps  of  the  Spanish  war  vet-  rijjfy^  nQn 

ERANS  to  parade  WITH  MUSIC  ON  MEMORIAL  SUNDAY.  ^  ''  ' 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     It  shall  be  lav/ful  for  any  camp  of  the  Spanish  war 
Spanish  war  veterans  to  parade  with  music  on  the  day  parldTwith^ 
designated  bv  the  national  encampment  of  the  errand  armv  "^^*^^  °", 

~  t  i  o  t     memorial 

as  memorial  Sunday  next  preceding  memorial  day,  for  the  Sunday. 
special  purpose  of  attending  divine  service  on  that  day: 
provided,  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  effect  upon  its  passage. 

Approved  May  23,  1908. 

An  Act  in  addition  to  an  act  making  appropriations  /^y        roo 

FOR  SUNDRY  MISCELLANEOUS  EXPENSES  AUTHORIZED  DUR-  ■^' 

ING    THE    PRESENT    YEAR    AND    FOR    CERTAIN    OTHER    EX- 
PENSES  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  commonwealth  *'°°'- 
from  the  ordinary  revenue,  for  the  purposes  specified,  to 
wit:  — 


498 


Acts,  1908.  — Chap.  538. 


Instruction  of 
officers  and 
men  of  the 
militia. 


Clerical  as- 
sistance to  the 
register  of  pro- 
bate and  in- 
solvency for 
the  county  of 
Plymouth. 


—  county  of 
Hampshire. 


—  county  of 
Bristol. 


—  county  of 
Berkshire. 


Clerical  and 
messenger  ser- 
vice in  the 
state  hbrary. 


Clerk  hire, 
etc..  for  re- 
porter of  de- 
cisions of  the 
supreme  ju- 
dicial court. 


For  furnishing  officers  and  men  of  the  organized  militia 
with  uniform  instructitm  in  military  authority,  organiza- 
tion and  administration  and  in  the  elements  of  military 
art,  as  authorized  by  chapter  three  hundred  and  seventeen 
of  the  acts  of  the  present  year,  a  sum  not  exceeding  fif- 
teen hundred  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  this  purpose. 

For  clerical  assistance  to  the  register  of  probate  and 
insolvency  for  the  county  of  Plymouth,  as  authorized  by 
chapter  three  hundred  and  nineteen  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  five  hundred  dollars, 
the  same  to  be  in  addition  to  any  amount  heretofore  ap- 
propriated for  this  purpose. 

For  clerical  assistance  to  the  register  of  probate  and 
insolvency  for  the  county  of  Hampshire,  as  authorized  by 
chapter  three  hundred  and  twenty-six  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  six  hundred  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  this  purpose. 

For  clerical  assistance  to  the  register  of  probate  and 
insolvency  for  the  county  of  Bristol,  as  authorized  by 
chapter  three  hundred  and  tw^enty-seven  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  five  hundred  dollars, 
the  same  to  be  in  addition  to  any  amount  heretofore  ap- 
propriated for  this  purpose. 

For  clerical  assistance  to  the  register  of  probate  and 
insolvency  for  the  county  of  Berkshire,  as  authorized  by 
chapter  three  hundred  and  twenty-eight  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  six  hundred  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  this  purpose. 

For  clerical  and  messenger  service  in  the  state  library, 
as  authorized  by  chapter  three  hundred  and  forty-two  of 
the  acts  of  the  present  year,  a  sum  not  exceeding  one  thou- 
sand dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  this  purpose. 

For  clerk  hire  and  incidental  expenses  in  the  oflRce  of 
the  reporter  of  decisions,  as  authorized  by  chapter  three 
hundred  and  fifty-eight  of  the  acts  of  the  present  year,  a 
sum  not  exceeding  four  thousand  dollars,  the  same  to  be 
ill  addition  to  any  amount  heretofore  appropriated  for 
this  purpose. 


Acts,  1908.  — Chap.  538.  499 

For  Peter  J.  Allen,  as  aiithnrized  by  chapter  fifty-two  Peter  .i.  Alien, 
of  the  resolves  of  the  present  year,  the  sum  of  one  hundred 
dollars. 

For  Harriett  C.  Flanders,  as  authorized  by  chapter  fifty-  Harriett  c. 
three  of  the  resolves  of  the  present  year,  the  sum  of  one 
hundred  and  twenty-five  dollars. 

For  Edwin  A.   Wood,  as  authorized  by  chapter  fifty-  Edwin  a. 
four  of  the  resolves  of  the  present  year,  the  sum  of  three 
hundred  dollars. 

For  Edgar  P.  Crowell,  as  authorized  by  chapter  fifty-five  Edgar  p. 
of  the  resolves  of  the  present  year,  the  sum  of  fifty  dollars. 

To  provide  for  repairs  at  the  Massachusetts  reformatory,  Massachusetts 
as  authorized  by  chapter  fifty-seven  of  the  resolves  of  the  ^^°^^^°^^- 
present  year,  a  sum  not  exceeding-  seventy-eight  hundred 
dollars,  to  be  paid  out  of  the  Massachusetts  Reformatory 
Industries  Fund. 

For  Hermon  Leonard,  administrator,  as  authorized  by  Hermon 
chapter  fifty-eight  of  the  resolves  of  the  present  year,  the  minrstrator. 
sum  of  two  hundred  sixty-seven  dollars  and  eighty-seven 
cents. 

To  provide  for  establishing  a  target  range  at  the  Mas-  Target  range 
sachusetts  Agricultural  College,  as  authorized  by  chapter  chusetts  Agri- 
fifty-nine  of  the  resolves  of  the  present  year,  a  sum  not  coUege. 
exceeding  one  thousand  dollars. 

For  the  preservation  of  tlie  war  records  in  the  ofilce  of  J^^g  o}^':°7)f  '" 
the  adjutant  general,  as  authorized  bv  chapter  sixtv  of  the  the  adjutant 

,/.•■  '  i-'nc  general. 

resolves  of  the  present  year,  a  sum  not  exceeding  fifteen 
hundred  dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  this  purpose. 

For  the  Draper  TTall  Stable  Company,  as  authorized  by  Draper  uaii 
chapter  sixty-one  of  the  resolves  of  the  present  year,  a  sum  comjany. 
not  exceeding  one  hundred  dollars. 

For  the  expenses  of  a  commission  to   revise  the  laws  Revision  of 
relating  to  insane  persons,  as  authorized  by  chapter  sixty-  to^inslne '"^ 
two  of  the  resolves  of  the  present  year,  a  sum  not  exceed-  p*""^°°^- 
ing  one  thousand  dollars. 

To  provide  for  the  erection  of  a  statue  of  Admiral  John  Admiral  John 
A.  Winslow,  as  authorized  by  chapter  sixty-three  of  the  -^- ''^ '°^'°^ • 
resolves  of  the  present  year,  a  sum  not  exceeding  six  thou- 
sand dollars. 

To  provide  for  investigations  and  experiments  relative  Experiments 
to  dogfish  and  to  the  creation  of  a  market  therefor,   as  dog*fish.'^° 


500 


Acts,  1908.  — Chap.  538. 


Lyman  school 
for  boys. 


Prison  camp 
and  hospital. 


Massachusetts 
reformatory. 


Prison  camp 
and  hospital. 


Clerical  as- 
sistance to  the 
register  of  pro- 
bate and  in- 
solvency for 
the  county  of 
Essex. 


—  county  of 
Suffolk. 


Dairy  bureau. 


Physician  of 
the  Massa- 
chusetts re- 
formatory. 


authorized  by  chapter  sixty-nine  of  the  resolves  of  the 
j)resent  year,  a  sum  not  exceeding  ten  thousand  dollars. 

To  provide  for  certain  improvements  at  the  Lyman  school 
for  boys,  as  authorized  by  chapter  seventy-seven  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  eight 
thousand  dollars. 

To  provide  for  additions  and  improvements  at  the  prison 
camp  and  hospital,  as  authorized  by  chapter  seventy-eight 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
eighty-seven  hundred  dollars,  to  be  paid  out  of  the  State 
Prison  Industries  Fund. 

To  provide  for  repairs  and  improvements  at  the  Mas- 
sachusetts reformatory,  as  authorized  by  chapter  eighty 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
ten  thousand  six  hundred  dollars,  to  be  paid  out  of  the 
Massachusetts  Reformatory  Industries  Fund. 

To  provide  for  lighting  and  fire  protection  at  the  prison 
camp  and  hospital,  as  authorized  by  chapter  eighty-one  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  three 
thousand  dollars,  to  be  paid  out  of  the  State  Prison  In- 
dustries Fund. 

For  clerical  assistance  in  the  office  of  the  register  of 
probate  and  insolvency  for  the  county  of  Essex,  as  author- 
ized by  chapter  three  hundred  and  seventy-four  of  the  acts 
of  the  present  year,  a  sum  not  exceeding  twenty-five  hun- 
dred dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  this  purpose. 

For  clerical  assistance  in  the  office  of  the  register  of 
probate  and  insolvency  for  the  county  of  Suffolk,  as  au- 
thorized by  chapter  three  hundred  and  ninety-six  of  the 
acts  of  the  present  year,  a  sum  not  exceeding  two  thou- 
sand dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  this  purpose. 

For  expenses  in  connection  with  the  work  of  the  state 
dairy  bureau,  as  authorized  by  chapter  four  hundred  and 
sixteen  of  the  acts  of  the  present  year,  a  sum  not  exceed- 
ing one  thousand  dollars,  the  same  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  this  purpose. 

For  the  salary  of  the  physician  of  the  Massachusetts 
reformatory,  as  authorized  by  chapter  four  hundred  and 
twenty-six  of  the  acts  of  the  present  year,  the  sum  of  six 
hundred  and  twenty-five  dollars. 


tion 
service. 


Acts,  1908.  — Chap.  538.  501 

To  provide  for  a  codification  of  the  laws  relating  to  codification  of 
labor,  as  authorized  by  chapter  eighty-two  of  the  resolves  lafing^o  labor, 
of  tlie  present  year,   a  sum  not  exceeding  five  hundred 
dollars. 

To  provide  for  certain  courses  and  expenses  at  the  Mas-  Massachusetta 
sachusetts  Agricultural  College,  as  authorized  by  chapter  coUeg"'.*"'^'^^ 
eighty-three  of  the  resolves  of  the  present  year,  the  sum 
of  thirteen  thousand  dollars. 

To  provide  for  deficiencies  in  appropriations  for  the  Massachusetts 
Massachusetts  Agricultural  College,  as  authorized  by  chap-  coiTeg"e,  de^ 
ter  eighty-four  of  the  resolves  of  the  present  year,  the  sum  appropriV-" 
of  twenty-three  thousand  six  hundred  seventeen  dollars  and  *'°"^' 
four  ceuts. 

To  provide  for  repairing  and  refitting  liuildings  at  the  Massachusetts 
Massachusetts  agricultural  experiment  station,  as  author-  experiment 
ized  by  chapter  eighty-five  of  the  resolves  of  the  present  ^^^^^°^- 
year,  a  sum  not  exceeding  four  thousand  dollars. 

For  expenses  in  connection  with  the  probation  service  probati^ 
of   the   commonwealth,    as   provided   for  by   chapter   four 
hundred  and  sixty-five  of  the  acts  of  the  present  year,  a 
sum  not  exceeding  five  thousand  dollars. 

For  expenses  in  connection  with  the  makine:  of  annual  Returns  to  the 

,..  1  ■,        1  »..  p   bureau  of 

returns  by  cities  and  towns  to  the  bureau  of  statistics  of  statistics  of 

Isbor. 

labor,  a  sum  not  exceeding  twelve  hundred  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore  appropri- 
ated for  this  purpose. 

For  si3ecial  services  and  expenses  of  persons  employed  Expenses  of 

IT  •  ft  ^  i'/»pi  !•  district  pohce 

under  the  direction  of  the  deputy  chief  oi  the  detective  forinvesti- 

,  ^     ,         -..        .  ■,.         .       .  .         ,  „  .        gating  fires, 

department  oi  the  district  police  m  investigating  fares,  iii-  etc. 
eluding  witness  fees,  travel,  contingent  and  incidental  ex- 
penses, a  sum  not  exceeding  seven  hundred  and  fifty  dol- 
lars, the  same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  this  purpose. 

For  printing  and  binding  the  annual  report  of  the  tax  Report  of  the 
commissioner,  the  sum  of  three  hundred  twenty-four  dol-  mLioJ^r. 
lars  and  fifty-three  cents,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  this  purpose. 

For  the  maintenance  of  the  Danvers  insane  hospital,  a  Danvers  in- 
sum  not  exceeding  fifteen  thousand  dollars,  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  May  26,  1908. 


502  Acts,  1908.  — Chaps.  539,  540. 


Chap.53d  An  Act  to  provide  for  the  bettkr  protection  of  the 

DOMESTIC    WATER   SUPPLIES   OF   THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

domesdc""^  Section  1.     Any  police  officer  or  constable  of  a  city 

water  supplies,  or  towH  ill  wliich  aiiy  pond,  stream  or  reservoir  used  for 
the  purpose  of  domestic  water  suj)ply  is  wholly  or  partly 
sitnated,  actino;  within  the  limits  of  his  city  or  town,  and 
any  executive  officer  of  a  water  board,  board  of  water  com- 
missioners, public  institution  or  water  company,  furnish- 
ing water  for  domestic  purposes,  or  agent  of  such  water 
board,  board  of  water  connnissioners,  public  institution  or 
water  company,  duly  authorized  in  writing  therefor  by 
such  boards,  institution  or  company,  acting  upon  the  prem- 
ises of  such  board,  institution  or  company  and  not  more 
than  five  rods  from  the  water,  for  such  supply  may,  with- 
out a  warrant,  arrest  any  person  found  in  the  act  of  bath- 
ing in  a  pond,  stream  or  reservoir,  the  water  of  which  is 
used  for  the  purpose  aforesaid,  and  detain  him  in  some 
convenient  place  until  a  complaint  can  be  made  against 
him  therefor. 

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

Approved  May  2G,  1908. 

Ohctp.S4:0  An  Act  to  establish  the  salary  of  the  present 
stenographer  for  the  executive  department  of 
the  commonwealth. 

Be  it  enacted,  etc.,  as  folloies: 

Salary  estab-  Section  1.  The  aiiiiual  Salary  of  the  present  stenog- 
rapher for  the  executive  department  of  the  commonwealth 
shall  be  eighteen  hundred  dollars,  to  be  so  allowed  from 
the  first  dav  of  Januarv  in  the  vear  nineteen  hundred  and 


lished. 


eight. 


Repeal.  Section  2.     So  much  of  scctiou  seven  of  chapter  four 

of  the  Kevised  Laws  as  is  inconsistent  herewith  is  hereby 
repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  26,  1908. 


Acts,  1908.  — Chap.  541.  503 


An  Act  to  provide  for  an  additional  judge  of  pro-  CJiap.^-^l 

BATE    AND    INSOLVENCY    FOR    THE    COUNTY    OF    ESSEX. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.      Section  one  of  chapter  one  hundred  and  etc^'ameAded. 
sixty-four  of  tlie  Kevised  Laws,  as  amended  by  section  one 
of   chapter    four   hundred    and    forty-two   of    the    acts    of 
the  year  nineteen  hundred  and  seven,   is  hereby  further 
amended  by  inserting  after  the  word  "  Middlesex  ",  in  the 
third  line,  the  word:  —  Essex,  —  so  as  to  read  as  follows: 
—  Section  1.     There  shall  be  one  judge  of  probate   and  ^/^i^^^"/ p"""" 
insolvency  in  each  county  excejit  in  the  counties  of  Suf-  "'solvency, 
folk,  Middlesex,  Essex  and  Worcester. 

Section  2.  Section  two  of  said  chapter  one  hundred  l^,„^„i?l;  f3 
and  sixty-four,  as  amended  by  section  two  of  said  chapter 
four  hundred  and  forty-two,  is  hereliy  further  amended  by 
inserting  after  the  word  "  Middlesex  ",  in  the  second  line, 
the  word :  —  Essex,  —  so  as  to  read  as  follows :  —  Section  Suffolk,  Mid- 
3.  There  shall  be  two  judges  of  probate  and  insolvency  ami'^Worce'ster 
for  each  of  the  counties  of  Suffolk,  Middlesex,  Essex  and  ''°""  '®'^' 
Worcester.  The  senior  judge  shall  be  the  first  judge  of 
probate  and  insolvency  in  each  county,  to  whom,  and  to 
his  successors,  all  bonds  which  are  required  by  law  to  be 
given  to  the  judge  of  the  probate  court  or  of  the  court  of 
insolvency  for  said  counties  shall  be  made  payable.  The 
probate  court  and  the  court  of  insolvency  for  said  coun- 
ties may  be  held  by  one  or  both  of  the  judges  and,  when 
so  held,  shall  have  and  exercise  all  the  powers  and  juris- 
diction committed  to  the  respective  courts.  The  judges 
shall  so  arrange  the  performance  of  their  duties  as  to  in- 
sure a  prompt  and  punctual  discharge  thereof.  Simul- 
taneous sessions  of  the  courts  in  said  counties  may  be  held 
if  the  public  convenience  so  requires.  Citations,  orders  of 
notice  and  all  other  processes  issued  by  the  register  of  pro- 
bate and  insolvency  for  any  of  said  counties  shall  bear 
teste  of  the  first  judge  of  said  courts,  respectively.  A 
deposit  or  investment  which  is  made  in  the  name  of  the 
judge  of  the  probate  court  or  the  court  of  insolvency  for 
any  of  said  counties  shall  be  made  in  the  name  of  the  first 
judge  of  the  court,  and  shall  be  subject  to  the  order  of 
the  court. 


504 


Acts,  1908.  — Chap.  542. 


1906,  463,  §  23, 
Part  I, 
amended. 


Alteration  of 
crossings. 


Salaries.  Section  3.     The  judges  of  probate  and  insolvency  for 

the  county  of  Essex  shall  each  receive  an  annual  salary  of 
four  thousand  dollars. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  26,  1908. 

Chap.54:2  An  Act  fuether  to  define  the  duties  of  county  com- 
missioners IN  THE  AI.TERATION  OF  CROSSINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-three  of  Part  I  of  chapter 
four  hundred  and  sixty-three  of  the  acts  of  the  year  nine- 
teen hundred  and  six  is  hereby  amended  by  inserting  after 
the  word  "  board  ",  in  the  seventeenth  line,  the  words :  — 
This  proceeding  may  include  any  case  where  there  is  need 
of  the  rebuilding  of  a  highway  bridge  or  any  structural 
change  or  renewal  for  the  purpose  of  strengthening  or  im- 
proving it,  —  and  by  inserting  after  the  word  "  building  ", 
in  the  twentieth  line,  the  words :  —  rebuilding,  changing, 
renewing,  —  so  as  to  read  as  follows :  —  Section  23.  If 
a  public  way  and  a  railroad  cross  each  other,  and  the  board 
of  aldermen  of  the  city  or  the  selectmen  of  the  town  in 
which  the  crossing  is  situated,  or  the  directors  of  the  rail- 
road corporation,  or  the  directors  of  a  street  railway  com- 
pany having  tracks  on  the  said  way  are  of  opinion  tliat  it 
is  necessary  for  the  security  or  convenience  of  the  public 
that  an  alteration  which  does  not  involve  the  abolition  of 
a  crossing  at  grade  should  be  made  in  the  crossing,  the 
approaches  thereto,  the  location  of  the  railroad  or  way,  or 
in  a  bridge  at  the  crossing,  they  shall  apply  to  the  county 
commissioners,  or,  if  the  crossing  is  situated  in  the  city 
of  Boston,  to  the  board  of  railroad  commissioners,  who 
shall,  after  public  notice,  hear  all  parties  interested,  and, 
if  they  decide  that  such  alteration  is  necessary,  shall  pre- 
scribe the  manner  and  limits  within  which  it  shall  be  made, 
and  shall  forthwith  certify  their  decision  to  the  parties 
and  to  said  board.  This  proceeding  may  include  any  case 
where  there  is  need  of  the  rebuilding  of  a  highway  bridge 
or  any  structural  change  or  renewal  for  the  purpose  of 
strengthening  or  improving  it.  In  case  any  street  railway 
company  is  authorized  to  lay  and  use  tracks  upon  the  said 
way,  the  said  company  shall  bear  such  part  of  the  expense 
of  building,  rebuilding,  changing,  renewing,  repairing  or 


Acts,  1908.  — Chap.  543.  505 

improving  a  bridge  forming  a  part  of  said  way,  or  of 
altering  or  improving  the  approaches  thereto,  as  shall  be 
deemed  to  be  just  by  the  commission  provided  for  in  sec- 
tions twenty-five  and  twenty-six. 

Section  2.  Section  twenty-live  of  Part  I  of  said  chap-  i906  463,  §  25. 
ter  is  hereby  amended  by  inserting  after  the  word  ''  such  ",  amended. 
in  the  sixth  line,  the  words :  —  bridge  or,  —  and  by  in- 
serting after  the  word  "  such  ",  in  the  twenty-first  line, 
the  words :  —  bridge  or  crossing  and,  —  so  as  to  read  as 
follows :  —  Section  25.  A  special  commission  of  three  dis-  Award  to  be 
interested  persons,  who  shall  be  appointed  as  provided  in  special  com- 
the  following  section,  shall  determine  which  party  shall  "^*^®'°°- 
carry  such  decision  into  effect  and  which  party  shall  pay 
the  charges  and  expenses  of  making  such  alteration  and 
the  future  charges  for  keeping  such  bridge  or  crossing 
and  the  approaches  thereto  in  repair,  as  well  as  the  costs  of 
the  application  to  the  county  commissioners,  or  the  board 
of  railroad  commissioners,  and  of  the  hearing  before  said 
special  commission ;  and  it  may  apportion  all  such  charges, 
expenses  and  costs  between  the  railroad  corporation,  the 
street  railway  company  having  tracks  on  said  way,  and 
the  counties,  cities  or  towns  in  which  said  crossing  is  situ- 
ated and  other  cities  and  towns  which  may  be  specially 
benefited.  If  a  street  railway  company  is  authorized  to 
lay  and  use  tracks  upon  any  bridge  in  a  highway  which 
is  built  or  repaired  or  altered  as  above  provided  for,  or 
the  approaches  to  which  are  altered  or  improved  as  above 
provided  for,  the  said  commission  shall  determine  what 
part  of  the  charges  and  expenses  of  making  such  changes 
or  improvements,  or  of  keeping  such  bridge  or  crossing 
and  approaches  in  good  condition,  shall  be  paid  by  the 
said  street  railway  company. 

Approved  May  26,  1908. 

An  Act  to  authorize  insurance  companies  doing  fi-  (Jhn^  543 

DELITY    INSURANCE    TO    DO    LIABILITY    INSURANCE    BUSI- 
NESS. 

Be  it  enacted,  etc.,  as  follows: 

Companies  authorized  to  do  an  insurance  business  under  insurance  com- 
clause  Third  of  section  thirty-two  of  chapter  five  hundred  Edeiuy  insifr- 
and  seventy-six  of  the  acts  of  the  year  nineteen  hundred  uabfihTinsur-^ 
and  seven  may  also  do  an  insurance  business  under  clause  ^^'^^  business. 


506  Acts,  1908.  — Chaps.  544,  545. 

Fifth  of  the  said  section :  provided,  that  they  possess  a  cap- 
ital equal  to  the  aggregate  capital  required  of  separate 
companies  doing  business  under  said  clause  Third  and 
under  said  clause  Fifth.  Approved  May  26,  1008. 

Chap.54:4:  An  Act  to  authorize  the  ooveunoti  and  council  to 

MAKE   CERTAIN  PAYMENTS  TO  MEMBERS  OF  UNPAID  COM- 
MISSIONS AND  TO  DELEGATES  TO  NATIONAL  CONVENTIONS. 

Be  it  enacted,  etc.,  as  follows: 

!fnimW??om-  Section   1.     The  governor  and  council  are  lierebv  au- 

ma^'bTretm-     ^^^''^'i^pd  to  reimburse  members  of  un])aid  commissions,  and 

inirsed  for         citizcus  who  uiav  bc  scut  officiallv  to  represent  the  com- 

monwealtli  at  national  conventions,  to  such  extent  as  may 

be   found  by   the   governor  and   council   to  be  reasonably 

necessary  on  account  of  the  giving  by  such  commissioners 

and  delegates  of  their  services  to  the  commonwealth. 

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

Approved  May  26,  1908. 

Ch(fp.54:^  Ax  Act  ^making  an  appropriation  p^or  the  reclama- 
tion OF  THE  province  LANDS  FOR  THE  BENEFIT  OF 
PROVINCETOWN    HARBOR. 

Br  it  enacted,  etc.,  as  follows: 

prnl\!^rf\^ndl  Section  1.  The  sum  of  ten  thousand  dollars  is  hereby 
a])propriatcd,  to  be  paid  out  of  the  treasury  of  the  com- 
monwealth from  the  ordinary  revenue,  to  be  expended  dur- 
ing the  period  of  four  years  after  the  passage  of  this  act, 
under  the  direction  of  the  board  of  harbor  and  land  com- 
missioners, for  the  reclamation  of  the  province  lands  be- 
longing to  the  commonwealth  in  the  county  of  Barnstable, 
as  a  means  toward  the  preservation  of  Provincetown  har- 
bor. 

Expenditures.  Section  2.  Of  tlic  Said  aiuouut  there  shall  be  expended 
not  more  than  one  fourth  in  any  one  year,  except  that  if 
,  less  than  three  quarters  of  the  whole  sum  hereby  appro- 
priated shall  have  been  spent  during  the  first  three  years 
the  remainder  of  said  three  <]uarters  may  be  added  to  the 
one  quarter  set  apart  for  the  fourth  year. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  26,  1908. 


Acts,  1908.  —  Chaps.  54G,  5^7,  548.  507 


An  Act  to  provide  for  tile  improvement  of  cotuit  (JJfdp  54(3 

HARBOR  IN  THE  TOWN  OF  BARNSTABEE. 

Be  it  enacted,  etc.,  as  foUoirs: 

The  board  of  harbor  and  land  commissioners  is  hereby  improvement 
authorized  and  directed  to  improve  Cotuit  harbor  in  the  Carbor""^ 
town  of  Barnstable  by  removing  rocks  and  by  deepening 
the  channel,  and  otherwise  as  it  may  deem  expedient,  and 
the  board  may  expend  for  this  purpose  a  sum  not  exceed- 
ing five  thousand  dollars.  Approved  May  26,  190S. 


ChcqjMl 


An  Act  relative  to  the  hours  of  eabor  of  employees 
in  the  penal  institutions  ok  the  com.monwealth. 

Be  it  enacted,  etc.,  as  fuUoics: 

Section  1.     The  hours  of  labor  for  ofhcers,  instructors  Hours  of  labor 
and  employees  of  the  state  penal  institutions  shall  not  ex-  penai'^ns'tf-'^'' '" 
ceed  sixty  in  each  week ;  and  every  officer,  instructor  or  *^"*'°"^- 
employee  whose  duties  require  his  presence  at  the  institu- 
tion seven  days  a  week  shall  be  given  at  least  two  days 
vacation  in  each  month,  which  shall  be  in  addition  to  the 
regular  ainiual  vacation  and  without  loss  of  pay.     Noth- 
ing in  this  section  shall  prevent  the  warden  or  superintend- 
ent,  respectively,   from   requiring  the   services   of   all   his 
officers,  instructors  and  employees  to  assist  in  recapturing 
an  escaped  prisoner,  or  in  any  case  of  extraordinary  emer- 
gency involving  danger  to  property,  to  life,  to  public  safety 
or  to  public  health. 

Section  2.     There  may  be  employed  at  the  state  prison,  Additional 
the  Massachusetts  reformatory,  and  the  reformatory  prison  bf empi'oye'd. 
for  women,  such  officers  in  addition  to  the  number  now 
allowed  by  law  as  the  prison  commissioners  shall  consider 
necessary  to  carry  out  the  purpose  of  this  act. 

Section  3.     This  act  shall  take  effect  on  the  first  day  when  to  take 
of  December  in  the  year  nineteen  hundred  and  eight.  *"  '''^* 

Approved  May  27,  1908. 

An  Act  relative  to  the  wannacomet  water  company.  (JJiaij.54:S 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  two  of  chapter  twenty-seven  of  the  isso,  27,  §  2, 
acts  of  the  year  eighteen  hundred   and  eighty   is  hereby 
amended  by  inserting  after  the  word   "  inhabitants  ",   in 


508 


Acts,  1908.  — Chap.  548. 


Wannacomet 
Water  Com- 
pany may  take 
certain   waters. 


Proviso. 


1880,  27,  §  5, 
amended. 


Lands,  etc. 


the  eighteenth  line,  the  words :  —  pi^ovided,  however,  that 
no  source  of  water  supply  for  domestic  purposes  and  no 
lands  shall  be  acquired  or  used  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,  —  so  as  to  read  as  follows :  —  Section  2.  Said  cor- 
poration for  the  purpose  aforesaid  may  take  and  hold  the 
waters  of  the  pond  formerly  knowai  as  the  "  Western 
Washing  Pond  ",  and  now  known  as  the  Wannacomet 
Pond,  together  with  so  much  as  may  be  necessary  for  the 
purpose,  of  any  springs,  ponds,  or  natural  brooks  within 
the  limits  of  said  to\^ai ;  and  may  convey  the  same  through 
the  to^vn  of  Xantucket  or  any  part  thereof;  and  may  take 
and  hold  by  purchase  or  otherwise,  such  land  on  or  around 
the  margin  of  said  ponds  or  brooks,  not  exceeding  five  rods 
in  width,  as  may  be  necessary  to  secure  the  purity  of  the 
water;  and  may  also  take  and  hold  in  like  manner,  such 
land  as  may  be  necessary  for  constructing  any  reservoir, 
for  erecting  and  maintaining  dams,  embankments  and  gate 
houses,  and  for  laying  down  and  maintaining  conduits, 
pipes  and  drains,  and  erecting  engines  and  pumps,  con- 
structing aqueducts,  hydrants  and  other  works  for  collect- 
ing, conducting  and  distributing  water  among  the  said 
inhabitants:  provided,  lioivever,  that  no  source  of  water 
supply  for  domestic  purposes  and  no  lands  shall  be  acquired 
or  used  under  this  act  without  the  consent  of  the  state 
board  of  health,  and  that  the  location  of  all  dams,  reser- 
voirs, wells  or  other  works  for  collecting  or  storing  water 
shall  be  subject  to  the  approval  of  said  board.  Said  cor- 
poration shall,  within  ninety  days  after  taking  such  lands, 
file  in  the  registry  of  deeds  in  the  county  of  Xantucket  a 
description  of  the  lands  so  taken,  sufficiently  accurate  for 
identification,  together  with  a  statement  of  the  purposes 
for  which  said  lands  are  taken,  signed  by  the  president  of 
said  corjx>ration. 

Sectiox  2.  Section  five  of  said  chapter  twenty-seven 
is  hereby  amended  by  striking  out  the  words  "  real  estate  ", 
in  the  second  line,  and  inserting  in  place  thereof  the  word : 
—  lands,  —  and  by  striking  out  the  word  "  thirty  ",  in  the 
third  line,  and  inserting  in  place  thereof  the  word :  — 
sixty,  —  so  as  to  read  as  follows:  —  Section  5.  Said  cor- 
poration for  the  purposes  aforesaid  may  hold  lands  not 


Acts,  1908.  — Chaps.  549,  550.  509 

exceeding  fifteen  thousaud  dollars,  and  its  capital  stock 
shall  not  exceed  sixty  thousand  dollars  to  be  divided  into 
shares  of  twenty-five  dollars  each. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  21,  1908. 

An  Act  to  inceease  the  amount  of  money  annuali^y  nji^/jy  549 

ALLOWED  THE  GOVEKNOR  AND  COUNCIL  FOR  CERTAIN 
MILITARY  AND  EXTRAORDINARY  EXPENSES  AND  FOE  DE- 
FICIENCIES  IN   APPROPRIATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     Section  nine  of  chapter  four  of  the  Re-  r.l.  4.  §9, 
vised  Laws  is  hereby  amended  by  striking  out  the  word  ^™'^"  ®  ' 
"  twenty  ",  in  the  first  line,  and  inserting  in  place  thereof 
the   words :  —  one   hundred,  —  by   striking   out   the   word 
"  and  ",   in  the  sixth  line,   and  by  adding  at   the  end  of 
said  section  the  words :  —  and,  upon  the  recommendation 
of  the  auditor  with  the  approval  of  the  governor  and  coun- 
cil, to  make  transfers  to  such  appropriations  as  have  proved 
insufficient,  —  so  as  to  read  as  follows :  —  Section  9.     An  Extraordinary 
amount  not  exceeding  one  hundred  thousand  dollars  shall  executf\^°etc. 
be  appropriated  each  year  for  carrying  out  the  provisions 
of  sections  one  hundred  and  twenty  to  one  hundred  and 
twenty-seven,  inclusive,  of  chapter  sixteen,  for  the  enter- 
tainment of  the  president  of  the  United  States  and  other 
distinguished  guests  while  visiting  or  passing  through  this 
commonwealth,  for  extraordinary  expenses,  not  otherwise 
provided  for,  which  the  governor  and  council  may  deem 
necessary,  and,  upon  the  recommendation  of  the  auditor 
with  the  approval  of  the  governor  and  council,  to  make 
transfers  to  such  appropriations  as  have  proved  insuflicient. 

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

Approved  May  21,  1908. 

An  Act  to  provide  for  the  more  effective  adminis-  ni  f..^.  prrrn 

TRATION  OF  THE  LAWS  RELATING  TO  TAXATION.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  tax  commissioner  mav,  with  the  ad-  Appointment 

,  ,.     ,  1  '•!  •  1    °'  superv'isors 

Vice  and  consent  of  the  governor  and  council,  appoint,  and  of  assessors. 
M'ith  their  consent  remove,  three  supervisors  of  assessors, 
who,  under  the  direction  and  control  of  the  tax  commis- 


510 


Acts,  1908.  — Chap.  550. 


Duties  of 
supervisors. 


Valuation  of 
property  for 
purposes  of 


sioner,  shall  have  such  supervision  over  the  boards  of  as- 
sessors and  collectors  of  taxes  of  the  several  cities  and 
towns  of  the  commonwealth  as  is  authorized  bv  law.  Eacli 
supervisor  of  assessors  shall  receive  a  salary  of  two  thou- 
sand dolhirs  per  annum,  and  shall  be  allowed  his  travel- 
liiiii'  and  other  necessary  expenses. 

Section  2.  The  supervisors  of  assessors  shall  perform, 
subject  to  the  control,  approval  and  direction  of  the  tax 
connnissioner,  all  the  duties  imposed  u]X)n  said  tax  com- 
missioner by  section  five  of  chapter  fourteen  of  the  Re- 
vised Laws,  and  such  additional  duties  as  may  be  speci- 
fied in  this  act,  and  shall  have  and  exercise  under  the 
control  of  the  tax  connnissioner  all  the  powers  and  au- 
thority as  to  the  taxation  of  property  and  the  collection  of 
taxes  which  are  conferred  upon  him  by  law. 

Section  S.  Whenever  it  shall  appear  to  the  tax  com- 
missioner that  the  property  or  any  part  thereof  in  any 
city  or  town  is  not  valued  for  the  purposes  of  taxation  in 
accordance  with  the  provisions  of  law,  and  that  such  fail- 
ure to  comply  with  the  law  is  the  result  of  inadequate 
methods  in  keeping  the  records  of  valuation  or  ownership 
of  property,  or  is  due  to  a  failure  upon  the  part  of  the 
assessors  or  any  of  them  of  such  city  or  tovm  properly  to 
examine  the  records  of  the  registry  of  deeds  and  probate 
court,  or  to  make  use  of  the  information  required  by  law 
to  be  furnished  to  boards  of  assessors  by  the  tax  commis- 
sioner, he  shall  forthwith  direct  the  assessors  of  such  city 
or  tovm  to  adopt  such  methods  of  keeping  their  records  or 
to  make  such  examination  of  the  records  of  the  registry 
of  deeds  and  probate  court,  or  to  make  such  use  of  the 
information  that  he,  in  accordance  with  law,  has  furnished 
to  them,  as  he  may  deem  necessary.  Fpon  failure  on  the 
])art  of  any  assessor  or  assessors  in  any  city  or  to\\m  to 
comply  with  the  directions  of  the  tax  commissioner  as 
herein  provided,  the  tax  connnissioner  shall  forthwith 
notify  the  mayor  of  the  city  or  the  selectmen  of  the  town 
of  such  failure  in  the  performance  of  duty  on  the  part  of 
said  assessor  or  assessors,  together  with  any  recommenda- 
tions that  he  may  deem  necessary  or  expedient  in  the 
matter. 
Information  to       Section  4.     The  supci'visors  of  asscssoTS  shall,  under 

be  furnished  ti>      ,  , .  .  ,.       i  •      •  i     i?  xl 

assessors  of       tho  directioii  of  thc   tax   connnissioner,   on  or   beiore  tlic 


Acts,  1908.  — Chap.  551.  511 

first  day  of  May  iu  each  year,  furnish  to  each  board  of  towns^"*^ 
assessors  of  the  cities  and  towns  of  the  coninionweahh  all 
the  information  relating  to  the  assessment,  valuation  and 
ownership  of  property  of  any  inhabitant  of  said  city  or 
town  that  has  come  into  the  possession  of  the  tax  com- 
missioner's department,  particularly  under  the  provisions 
of  chapter  five  hundred  and  sixty-three  of  the  acts  of  the 
year  nineteen  hundred  and  seven.  They  shall  give  to  said 
boards  of  assessors  such  further  instruction  and  supervi- 
sion as  to  their  respective  duties  as  may  bo  necessary  to 
secure  uniform  assessment  and  just  taxation,  and  to  equal- 
ize the  valuation  of  property  for  purposes  of  state,  county 
and  local  taxation. 

Section  5.  If  in  the  opinion  of  the  tax  commissioner  Revision  of 
any  property  in  the  commonwealth  is  not  properly  valued  ^°'  ^^^^°^- 
for  the  purposes  of  taxation,  he  shall  have  authority  to 
recommend  to  local  boards  of  assessors  a  revision  of  the 
same.  If  such  recommendation  is  accepted  and  adopted 
by  the  local  boards  the  new  assessment  sliall  thereupon  be 
operative.  Any  person  aggrieved  by  such  revision  may 
appeal  to  the  superior  court  for  the  county  in  which  the 
property  is  situated. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  27,  1908. 

An  Act  to  authorize  the  consolidation  of  properties  ni^f.ri  KK\ 

AND  FRANCHISES  OF  THE  BOSTON  ELEVATED  RAILWAY 
COMPANY  AND  THE  WEST  END  STREET  RAILWAY  COM- 
PANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  West  End  Street  Railway  Company  Consolidation 
is   authorized  to   sell,   and   the   Boston   Elevated   Railway  Eievlt?crRa"ii- 
Coinpany  is  authorized  to  purchase,  the  pro|3erty,   privi-  and  the'west^ 
leges    and    franchises    of   the   West    End    Street    Railway  Railwlr* 

Company.  Company. 

Section  2.     For  the  purpose  above  mentioned  the  Bos-  increase  of 
ton  Elevated  Railway  Company  is  authorized  to  increase  '^'^'" 
its  capital  stock  by  an  amount  equal  at   par  to  the  par 
value  of  the  capital  stock  of  the  West  End  Street  Railway 
Company  outstanding  at  the  time  of  purchase.     Such  new 
stock  shall  consist  of  shares  of  the  par  value  of  one  hundred 


Acts,  1908.  — Chai\  551. 


Increase  of 
capital  stock. 


Dividends. 


Issue  of 
stock,  etc. 


dollars  each,  and  shall  be  divided  into  first  preferred  stock 
and  second  preferred  stock,  the  par  vahie  of  the  first  pre- 
ferred stock  to  be  equal  to  the  par  value  of  the  first  preferred 
stock  of  the  West  End  Street  Railway  Company  outstand- 
ing at  the  date  of  purchase,  and  the  par  value  of  the  sec- 
ond preferred  stock  to  be  equal  to  the  par  value  of  the 
common  stock  of  the  West  End  Street  Railway  Company 
outstanding  at  the  date  of  purchase.  The  first  preferred 
stock  shall  be  forever  entitled  in  preference  and  priority 
over  all  other  stock  of  said  corporation  to  semi-annual  divi- 
dends to  be  paid  out  of  the  net  profits  of  the  corporation 
on  the  first  days  of  January  and  July  in  each  year  at  the 
rate  of  eight  per  cent  per  annum  and  no  more,  which  divi- 
dends shall  be  cumulative.  The  second  preferred  stock 
shall  be  forever  entitled  in  preference  and  priority  over 
all  other  stock  of  said  corporation,  except  said  first  pre- 
ferred stock,  to  semi-annual  dividends  to  be  paid  out  of 
the  net  profits  of  the  corporation  on  the  first  days  of  April 
and  October  in  each  year,  at  the  rate  of  seven  per  cent  per 
annum,  and  no  more,  which  dividends  shall  be  cumulative. 
In  case  of  dissolution  or  liquidation  the  holders  of  said 
first  preferred  and  second  preferred  stock  shall  be  entitled 
to  the  payment  of  the  par  value  of  their  shares  and  all 
accrued  and  unpaid  dividends  before  any  payment  is  made 
to  the  holders  of  common  shares,  and  the  remainder  of  the 
assets  of  the  corporation  shall  be  distributed  among  the 
holders  of  the  common  stock.  Said  first  and  second  pre- 
ferred stock  shall  have  the  same  power  of  voting  and  trans- 
fer as  said  common  stock,  and  shall  be  counted  with  said 
common  stock  in  all  questions  of  majorities  and  (juorums, 
but  said  first  preferred  stock  shall  not  be  entitled  to  par- 
ticipate in  any  increase  or  issue  of  new  stock,  common  or 
preferred,  which  may  at  any  time  be  made  by  said  corpo- 
ration. Dividends  on  said  first  and  second  preferred  stock 
shall  accrue  from  the  dates  of  the  last  payment  of  divi- 
dends prior  to  such  purchase  on  the  preferred  and  com- 
mon stock  respectively  of  the  West  End  Street  Railway 
Company. 

Sectiox  3.  For  the  purpose  of  paying  for  the  prop- 
erty, privileges  and  franchises  of  the  West  End  Street 
Railway  Company  the  Boston  Elevated  Railway  Company 
is  herebv  authorized  to  issue  and  deliver  to  the  West  End 


Acts,  1908.  — Chap.  551.  513 

Street  Eailway  Company  the  amoimt  of  first  and  second  i^sue  of  stock, 
preferred  stock  issned  as  above  stated,  and  the  West  End 
Street  Eailway  Company  is  hereby  anthorized  to  receive 
snch  stock  in  fnll  payment  for  its  property,  privileges  and 
franchises,  subject  to  its  existing  indebtedness  and  lial)ili- 
ties,  and  to  distribute  the  same  among  its  own  stockhold- 
ers in  the  manner  following :  —  To  deliver  to  each  of  the 
holders  of  its  o-\vn  preferred  stock  an  equal  amount  at  par 
of  the  first  preferred  stock  of  the  Boston  Elevated  Rail- 
w^ay  Company,  and  to  the  holders  of  its  own  common  stock 
an  equal  amount  at  par  of  the  second  preferred  stock  of 
the  Boston  Elevated  Railway  Company.  Upon  such  de- 
livery the  holders  of  stock  of  the  West  End  Street  Rail- 
way Company  shall  surrender  their  shares  of  stock  in  the 
West  End  Street  Railway  Company  to  the  treasurer  of 
the  West  End  Street  Railway  Company  who  shall  cancel 
the  same  as  well  as  any  shares  delivered  to  that  company 
under  the  provisions  of  the  following  section.  Such  pro- 
vision shall  be  made  as  may  be  agreed  upon  by  the  direct- 
ors of  said  corporations  for  the  issue  of  receipts  for  frac- 
tions of  shares  and  their  conversion  into  full  shares. 

Section  4.     Any  stockholder  of  the  West  End  Street  Dissenting 

T  1  1  1  Stockholder 

Railway  Company  who  does  not  assent  to  the  purchase  to  file  deciara- 

.  .  tion  6tc 

and  sale  authorized  by  this  act  may,  within  thirty  days 
after  the  day  of  the  meeting  of  said  company  at  which 
such  sale  is  voted,  file  with  the  clerk  of  said  company  a 
writing  declaring  his  dissent  therefrom,  and  stating  the 
number  of  shares  held  l)y  him  and  the  number  or  numbers 
of  the  certificate  or  certificates  evidencing  the  same :  pro-  Proviso. 
vided,  liowever,  that  as  against  any  stockholder  legally  in- 
capacitated from  acting  for  himself  and  having  no  legal 
guardian,  said  period  of  thirty  days  shall  not  begin  to  run 
until  the  removal  of  such  incapacity  by  the  appointment 
of  a  legal  guardian  or  otherwise. 

The  shares  of  any  stockholder  dissenting,  as  above  speci-  valuation  of 
fied,  may  be  valued  as  hereinafter  provided,  and  the  value  stockholder's 
thereof  shall  in  such  case  be  paid,  tendered  or  deposited 
to  or  for  the  account  of  such  stockholder  in  the  manner 
following :  —  Within  thirty  days  after  said  purchase  and 
sale  have  been  effected,  such  stockholder  may  file  a  peti- 
tion in  the  supreme  judicial  court  within  and  for  the 
county  of  Suffolk,   setting  forth  the  material  facts,   and 


5U 


Acts,  1908.  — Chap.  551. 


Court  to  fix 
valuation. 


Liability  for 
valuation  of 
dissenting 
stockholders' 
shares. 


Shares  of  dis- 
senting stock- 
holders to 
become  the 
propertv  of 
the  West  End 
Street  Railway 
Company  in 
certain  cases. 


Exceptions. 


Enforcement 
of  rights,  etc. 


asking  that  tlie  value  of  his  shares  may  be  determined. 
Thereupon,  and  upon  such  notice  to  all  parties  concerned 
as  it  may  deem  pro])er,  said  court  shall  pass  an  order  re- 
quiring such  dissenting  stockholder's  certificate  or  certifi- 
cates of  stock  duly  endorsed  to  be  deposited  with  the  clerk 
of  said  court,  and  shall  appoint  three  commissioners  to 
ascertain  and  report  the  value  of  such  dissenting  stock- 
holder'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  confirmed  by  the  court  unless  some 
error  of  law  be  made  to  appear  upon  the  face  of  the  report, 
in  which  event  it  shall  be  recommitted  to  the  commission- 
ers with  such  order  as  the  court  may  make,  or  unless  either 
of  the  parties  to  said  proceedings  shall  claim  a  trial  by 
jury,  in  which  latter  event  the  court  shall  order  the  ques- 
tion of  the  value  of  the  shares  to  be  tried  and  determined 
by  a  jury  in  the  superior  court  in  the  same  manner  in 
which  other  civil  cases  are  tried  in  that  court. 

The  Boston  Elevated  Railway  Company  shall  be  liable 
for  and  shall  pay  all  sums  found  due  and  payable  to  all 
such  dissenting  stockholders  in  all  such  proceedings,  in- 
cluding such  interest,  cost  and  expenses  as  the  court  may 
order. 

Section  5.  Upon  the  payment  or  tender  or  deposit 
with  the  clerk  of  the  court  of  the  value  of  said  shares  fixed 
as  aforesaid,  the  shares  of  such  dissenting  stockholder  and 
the  certificate  or  certificates  thereof  shall  become  the  prop- 
erty of  and  shall  be  transferred  and  delivered  to  the  West 
End  Street  Railway  Company,  whose  right  and  title  to 
receive  the  same  and  to  hold  possession  thereof  may  be 
enforced  by  the  court  by  any  appropriate  process,  and  the 
West  End  Street  Railway  Company  shall,  upon  such  pay- 
ment or  tender  or  dejwsit,  redeliver  to  the  Boston  Ele- 
vated Railway  Company  the  first  or  second  i)referred  shares 
to  which  such  stockholder  would  have  been  entitled,  and 
the  Boston  Elevated  Railway  Company  may  sell  the  same 
for  not  less  than  par  and  apply  the  proceeds,  so  far  as  may 
be  necessary,  toward  the  reimbursement  of  the  company 
for  such  payment  or  tender  or  deposit. 

Exceptions  may  be  taken  to  any  ruling  or  order  of  said 
court,  to  be  heard  and  determined  as  in  other  civil  cases. 

The  court  may  make  all  such  orders  for  the  enforcement 
of  the  rights  of  any  party  to  the  proceedings,  for  consolida- 


Acts,  1908.  — Chap.  551.  515 


tion  of  two  or  more  petitions  and  their  reference  to  the 
same  commissioners,  for  the  consolidation  of  claims,  for  a 
trial  by  jury,  for  dejwsit  of  money  in  court,  and  for  the 
payment  of  interest  upon  the  value  of  the  stockholders' 
shares  as  determined,  and  the  pa^anent  of  costs  by  one 
party  to  the  other,  as  justice  and  the  speedy  settlement  of 
the  matters  in  controversy  may  require. 

Sectioi^  6.    Upon  such  purchase  by  the  Boston  Elevated  ikvated  Raii- 
Eaihvay  Company  it  shall  assume  and  be  responsible  for  7o''become  re-^ 
all  the  indebtedness  and  liabilities  of  the  AYest  End  Street  f^Xbte!Ll°ss, 
Kailway  Company,  and  shall  in  respect  to  the  street  rail-  etc. 
ways  owned,  leased,  or  operated  by  the  Boston  Elevated 
Railway  Company  succeed  to  all  the  powers,  privileges, 
rights  and  franchises  of  the  West  End   Street  Railway 
Company,  including  the  right  to  acquire  locations,   and 
construct,  operate  and  maintain  street  railways. 

It  shall,  with  respect  to  the  street  railways  acquired  from  Duties  and 

.,        ^^^  T-iTr>iT-.-i  /-^(  1  I'ii         11    obligations,  etc. 

the  \Vest  End  fetreet  Railway  Company  be  subject  to  ail 
the  duties,  obligations,  restrictions  and  liabilities  of  the 
West  End  Street  Railway  Company  imder  the  laws  exist- 
ing at  the  time  of  the  purchase,  so  far  as  the  same  are  not 
in  conflict  with  the  provisions  of  law  applicable  to  street 
railways  owned,  leased  or  operated  by  the  Boston  Elevated 
Railway  Company,  and  it  shall  in  particular  with  respect 
to  such  railways  for  the  period  of  twenty-five  years  from 
the  tenth  day  of  June,  eighteen  hundred  and  ninety-seven, 
and  no  longer,  be  subject  to  the  provisions  of  section  ten 
of  chapter  five  hundred  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-seven. 

All  rights  or  claims  of  either  the  West  End  Street  Rail-  ffaVi^g^'^^*  °^ 
way  Company  or  the  Boston  Elevated  Railway  Company 
against  the  other,  whether  arising  out  of  the  lease  executed 
between  them  on  the  ninth  day  of  December,  eighteen  hun- 
dred and  ninety-seven,  or  otherwise,  as  they  respectively 
may  be  at  the  time  of  such  purchase,  shall  be  deemed  to  be 
satisfied  and  extinguished  by  such  purchase  and  sale:  pro-  Proviso. 
vided,  however,  that  the  Boston  Elevated  Railway  Com- 
pany may,  subject  to  the  approval  of  the  board  of  railroad 
commissioners,  issue  additional  stock  or  bonds,  or  both, 
to  provide  means  for  paying  for  permanent  alterations,  ad- 
ditions, and  improvements  made  in  and  to  the  property  of 
the  West  End  Street  Railway  Company  prior  to  such  pur- 
chase, and  for  which  it  shall  not  have  been  reimbursed  by 


516 


Acts,  1908.  — Chai>.  551. 


Powers,  etc. 


Certain  pro- 
visions of  law 
not  to  apply. 


Repeal. 


Certain  author- 
ity of  the  West 
End  Street 
Railway  Com- 
pany to  cease. 


Determining 
tolls  or  fares, 
etc. 


the  West  End  Street  Ilailway  Company,  The  Boston  Ele- 
vated Railway  Company  shall,  in  respect  of  the  property, 
privileges  and  franchises  purchased  from  the  West  End 
Street  Uailway  Com})any,  be  subject  to  the  same  exemp- 
tions which  the  West  End  Street  Ivailway  Company  or  the 
Boston  Elevated  liailway  Comj)any  w^ere  subject  to  in  re- 
S]3ect  thereof  prior  to  such  purchase,  except  that  sections 
seven,  sixty-four,  sixty-five  and  sixty-six  of  Part  III  of 
chapter  four  hundred  and  sixty-three  of  the  acts  of  the 
year  nineteen  hundred  and  six  shall  apply  to  the  Boston 
Elevated  Railway  Company  in  respect  of  the  street  rail- 
ways at  any  time  owned,  leased  or  operated  by  it. 

Section  7.  The  Boston  Elevated  Railway  Company 
shall,  in  respect  of  the  street  railways  owned,  leased  or 
operated  by  it  have  the  powers  conferred  upon  street  rail- 
w^ay  companies  by  the  general  laws  now  or  hereafter  in 
force  respecting  the  carriage  of  newspapers,  baggage,  ex- 
press matter  and  freight,  but  such  jwwers  shall  not  be  ex- 
ercised in  respect  of  its  elevated  lines,  except  as  provided 
in  section  seven  of  chapter  five  hundred  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-seven. 

So  much  of  section  one  of  chapter  five  hundred  and 
forty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  as  provides  that  the  Boston  Elevated  Railway 
Company  shall  not  transport  freight  or  baggage  shall  not 
apply  to  such  street  railways.  So  much  of  section  two  of 
chapter  five  hundred  and  forty-eight  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four  as  limits  the  capital 
stock  of  the  Boston  Elevated  Railway  Company  to  twenty 
million  dollars  is  hereby  repealed. 

Section  8.  Upon  the  completion  of  the  purchase  and 
sale  herein  authorized  all  authority  granted  to  the  West 
End  Street  Railway  Company  by  section  six  of  chapter 
four  hundred  and  thirteen  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-seven  to  construct  and  maintain  tun- 
nels shall  cease. 

Section  9.  In  determining  under  section  ten  of  chap- 
ter five  hundred  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-seven  whether  the  toll  or  fare  therein  mentioned 
wnll  yield  a  net  divisible  income  of  eight  per  cent  per 
annum  on  the  outstanding  capital  stock  of  said  corpora- 
tion actually  paid  in  in  casli,  the  dividends  payable  on  the 
first  and  second  i)referred  stock  issued  by  the  Boston  Ele- 


Acts,  1908.  — Chap.  551.  517 

vated  Railway  Company  under  the  provisions  of  this  act 
shall  be  treated  as  if  they  were  rentals  payable  by  the 
company. 

Section  10.  In  ascertaining  under  the  provisions  of  ^"■'^ends 
said  section  ten  the  rate  of  annual  dividend  paid  by  the 
Boston  Elevated  Railway  Company,  no  account  shall  be 
taken  of  the  dividends  or  the  rate  paid  upon  the  first  and 
second  preferred  stock  authorized  to  be  issued  as  herein 
provided. 

Section  11.     The  Boston  Elevated  Railway  Companv  Not  to  acquire 

.   ,  .,  .      '     additional 

shall  not  with  res|>ect  to  any  street  railway  at  any  time  rights,  etc. 
owned,  leased  or  operated  by  it,  other  than  the  street  rail- 
ways acquired  from  the  West  End  Street  Railway  Com- 
l)anv,  acquire  by  virtue  of  this  act  any  rights  or  privileges 
in  addition  to  those  already  possessed  or  enjoyed  by  it 
except  such  as  are  expressly  granted  herein. 

Section   12.     The  provisions  of  this  act  shall  not  be  Certain  pro- 
construed  as,  or  taken  to  be,  an  extension  for  any  purpose  construed, 
of  the  twenty-five  year  period  fixed  by  section  ten  of  cha|> 
ter  five  hundred  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-seven. 

Section  13.     The  facilities  for  travel  on  the  railways  Facilities  not 
of  the  West  End   Street  Railway   Company,    and   of  the  i°hed  anTrates 
Boston  Elevated  Railway  Company,  shall  not  be  dimin-  Cicreased. 
ished  or  the  rates  of  fare  increased  by  reason  of  this  act 
or  of  the  purchase  and  sale  hereby  authorized. 

Section  14.     The  purchase  and  sale  herein  authorized  Approved  by 
shall  not  be  made  until  the  terms  thereof  shall  have  been  ^^e  railroad 

coinmis- 

approved  by  the  board  of  railroad  commissioners  in  accord-  sioners. 
ance  with  the  provisions  of  section  sixty-seven  of  Part  I 
of  chapter  four  hundred  and  sixty-three  of  the  acts  of  the 
year  nineteen  hundred  and  six,  nor  until  such  purchase 
and  sale  shall  have  been  authorized  by  the  holders  of  not 
less  than  two  thirds  in  amount  of  the  capital  stock  of  the 
Boston  Elevated  Railway  Company  and  not  less  than  two 
thirds  in  amount  of  the  capital  stock  of  the  West  End 
Street  Railway  Company  given  at  special  meetings  called 
for  that  purpose. 

Section  15.     Unless  the  purchase  and  sale  herein  an-  purchase  and 
thorized   are  effected  on  or  before   Deceml)er   thirty-first,  Ifflcted'on  or 
nineteen   hundred   and  nine,    all   authority  hereunder   to  ber°3i,^909™' 
make  the  same  shall  cease:  provided,  that  if  such  purchase  Proviso. 
and  sale  are  delayed  by  litigation  either  the  Boston  Ele- 


518  Acts,  1908.  — Chap.  552. 

vated  Railway  Company  or  the  West  End  Street  Railway 
Company  may  apply  to  the  said  board  for  an  extension  of 
the  time  therefor,  and  the  board  after  notice  and  a  pnblic 
hearing  and  npon  proof  that  snch  litigation  is  not  collusive 
may  from  time  to  time  determine  what  extension  of  time 
may  reasonably  be  allowed  for  completing  such  purchase 
and  sale,  and  such  further  time  shall  thereupon  be  allowed 
therefor. 

Section  1G.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  21 ,  1908. 

Chap.552  An  Act  relative  to  the  repair  and  maintenance  of 

CERTAIN  BRIDGES. 

Be  it  enacted,  etc.,  as  follows: 
Maintenance  of       Section  1.     If  the  couutv  commissioners  of  a  county, 

ccrtaiD  brioKCs.  *^ 

the  board  of  aldermen  of  a  city  or  the  selectmen  of  a  town 
in  which  a  bridge  at  the  crossing  of  a  public  way  and  a 
railroad,  or  a  bridge  upon  which  a  street  railway  com- 
pany is  authorized  to  lay  and  use  tracks,  is  located  in  whole 
or  in  part,  or  the  directors  of  a  corjxtration  owning  or  op- 
erating such  railroad,  or  the  directors  of  a  company  oAvn- 
ing  or  operating  such  street  railway,  are  of  the  opinion  that 
such  bridge  is  in  need  of  maintenance  or  repair,  they  may 
apply  to  the  board  of  railroad  commissioners  who  shall, 
after  public  notice,  hear  all  persons  interested,  and,  if  they 
decide  that  the  work  of  maintenance  or  repair  is  necessary, 
shall  prescribe  the  manner  in  and  the  limits  within  which 
it  shall  be  done,  and  shall  forthwith  certify  their  decision 
to  the  parties. 
Maintenance  Section    2.      If   railroad   corporatioiis,    street   railway 

and  repair  of  .  ...  c     i  •     •       i 

bridges.  companies,  counties,  cities,  towns,  or  any  of  them,  jointly 

or  severally,  are  charged  with  the  duty  of  maintaining  or 
repairing  any  such  bridge  under  any  provision  of  law, 
agreement,  or  decree  of  court,  and  if  the  party  or  parties 
so  charged  with  such  duty  refuse  or  neglect  to  carry  into 
effect  such  decision  within  a  reasonable  time,  any  other 
such  party  may  apply  to  the  superior  court,  which  shall 
have  jurisdiction  in  equity  to  enforce  the  carrying  into 
effect  of  such  decision  by  the  party  or  parties  so  charged 
with  such  duty. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  27,  1908. 


Acts,  1908.  — Chaps.  553,  554:.  519 


An  Act  to  limit  the  assumption  of  risk  by  an  em-  (JJiap^^^^ 

PLOYEE   OF  A  EAILRO^U)  CORPORATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  hundred  and  sixty-seven  of  §^°67,"pfrt  ii. 
Part  II  of  chapter  four  hundred  and  sixty-three  of  the  acts  amended, 
of  the  year  nineteen  hundred  and  six  is  hereby  amended 
by  adding  at  the  end  thereof  the  words :  —  An  employee 
of  a  railroad  corporation  who  is  injured  by  any  locomotive, 
car  or  train  by  reason  of  the  negligence  of  any  other  em- 
ployee of  the  corporation  shall  not  be  deemed  to  have  as- 
sumed the  risk  of  such  injury,  —  so  as  to  read  as  follows : 
—  Section  167.  An  employee  of  a  railroad  corporation  Assumption  of 
who  is  injured  by  any  locomotive,  car  or  train  which  is  piqyee  re- 
used contrary  to  the  provisions  of  sections  one  hundred 
and  fifty-nine,  one  hundred  and  sixty-one,  one  hundred 
and  sixty-two  and  one  hundred  and  sixty-three,  shall  not 
l)e  deemed  to  have  assumed  the  risk  of  such  injury,  al- 
though he  continues  in  the  employment  of  such  corpora- 
tion after  the  unlawful  use  of  such  locomotive,  car  or  train 
has  been  brought  to  his  knowledge.  An  employee  of  a  rail- 
road corporation  who  is  injured  by  any  locomotive,  car  or 
train  by  reason  of  the  negligence  of  any  other  employee  of 
the  corporation  shall  not  be  deemed  to  have  assumed  the 
risk  of  such  injury. 

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

Approved  May  28,  1908^ 

An  Act  to  authorize  the  sale  to  the  new  England  QJ^qj)  55^ 

railroad  COMPANY  OF  THE  FRANCHISES  AND  PROPERTY 
OF  THE  MILFORD  AND  WOONSOCKET  RAILROAD  COMPANY 
AND  THE  MILFORD,  FRANKLIN  AND  PROVIDENCE  RAILRO.UD 
COMPANY. 

Be  it  enacted,  etc.,  as  folloivs: 

Section    1.      The   Milford    and   Woonsocket   Eailroad  The  Miiford 

/^  n  1  •  c  ^   '  1  ^""^  VVoon- 

Company  may  sell  and  convey  its  franchises  and  property  socket  Rail- 

_* .  *^  J.        ±  1/     road  ComT>a-nv 

to  the  New  England  Railroad  Company,  or  its  successor,  may  seii  and 
and   upon   such  conveyance   the   New   England   Railroad  franchises,  etc. 
Company,  or  its  successor,  shall  become  possessed  of  all 
the  franchises  and  property  thereby  conveyed,   and  may 
hold  and  use  the  same  in  its  own  name  and  right  subject 


520 


Acts,  1908.  — Chap.  555. 


The  Milford, 
Franklin  and 
Providence 
Railroad  Com- 
pany may  sell 
and  convey  its 
franchises,  etc. 


The  consoli- 
dated corpora- 
tion to  be  sub- 
ject to  certain 
provisions  of 
law. 


to  all  the  duties,  liabilitie.s  and  (»l)ligations  of  the  ^Milford 
and  Woonsocket  Railroad  Company. 

Sectiox  2.  The  Milford,  Franklin  and  Providence 
Railroad  Company  may  sell  and  convey  its  franchises  and 
property  to  the  jSTew  England  Railroad  Company,  or  its 
successor,  and  upon  such  conveyance  the  Xew  England 
Railroad  Company,  or  its  successor,  shall  become  possessed 
of  all  the  franchises  and  property  thereby  conveyed,  and 
may  hold  and  use  the  same  in  its  own  name  and  right 
subject  to  all  the  duties,  liabilities  and  obligations  of  the 
Milford,  Franklin  and  Providence  Railroad  Company. 

Sectiox  3.  From  and  after  the  conveyances  authorized 
in  sections  one  and  two  herein  the  ]\lilford  and  Woon- 
socket Railroad  Company  and  the  Milford,  Franklin  and 
Providence  Railroad  Company  respectively  shall  cease  to 
exist  as  corporations,  except  that  they  shall  remain  subject 
to  the  provisions  of  section  fifty-two  of  chapter  four  hun- 
dred and  thirty-seven  of  the  acts  of  the  year  nineteen  hun- 
dred and  three. 

Sectiox  4.     This  act  shall  take  efPect  upon  its  passage. 

Approved  May  28,  1908^ 


Chap.D05    -^^   -^CT  TO   PROVIDE   FOR  REIMBURSIX'G   CITIES  AXD   TOWXS 
FOE    EXPEXSES    IX^CURRED    FOE    CEETAIX    SICK    POOR. 


R.  L.  8.5.  §  15, 
amended. 


Expenses  for 
care  of  certain 
sick  poor. 


Be  it  enacted,  etc.,  as  follows: 

Sectiox  1,  Section  fifteen  of  chapter  eighty-five  of 
the  Revised  Laws  is  hereby  amended  by  inserting  after  the 
Avord  "  commonwealth  ",  in  the  fifth  and  sixth  lines,  the 
words:  —  If  the  state  board  of  charity  considers  it  ex- 
pedient to  order  the  removal  to  the  state  hospital  of  a 
]i(n-son  whose  physical  condition  is  such  as  to  require  at- 
tendance, then  the  reasonable  expense  incurred  for  such 
attendance,  as  directed  by  the  state  lx)ard  of  charity,  shall 
also  be  reimbursed  by  the  commonwealth,  —  so  as  to  read 
as  follows:  —  Section  15.  The  reasonable  expense  which 
is  incurred  by  a  city  or  town  under  the  provisions  of  the 
preceding  section  within  five  days  next  before  notice  has 
been  given  as  therein  required  and  also  after  the  giving  of 
such  notice  and  until  said  sick  person  is  able  to  be  removed 
to  the  state  hospital  shall  be  reimbursed  by  the  common- 
wealth.    If  the  state  board  of  charity  considers  it  exjx'di- 


Acts,  1908.  — Chap.  556.  521 

ent  to  order  the  removal  to  the  state  hospital  of  a  person 
whose  physical  condition  is  such  as  to  require  attendance, 
then  the  reasonable  expense  incurred  for  such  attendance, 
as  directed  bv  the  state  board  of  charity,  shall  also  be  re- 
imbursed by  the  commonwealth.  The  bills  for  such  sup- 
port shall  not  be  allowed  imless  they  are  indorsed  with  the 
declaration  that,  after  full  investigation,  no  kindred  able 
to  pay  the  amount  charged  have  been  found,  and  that  the 
amount  has  actually  been  paid  from  the  city  or  town  treas- 
ury, nor  unless  they  are  approved  by  the  state  board  of 
charity  or  by  a  person  designated  by  it ;  and  not  more  than 
five  dollars  a  week  shall  be  allowed  for  the  support  of  a 
person  in  a  city  or  town  hospital. 

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

Approved  May  2S.  1908. 


Chap.556 


An  Act  to  authorize  the  metropolitan  water  and  ^i 

SEWERAGE  BOARD  TO  CONSTRUCT  EXTENSIONS  AND  ADDI- 
TIONS AT  THE  EAST  BOSTON  AND  DEER  ISLAND  PUMPING 
STATIONS. 

Be  if  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  Metropolitan  Sewerage  Loan  Fund,  Xorth  Sys- 
tem, for  the  following  purposes:  —  For  the  East  Boston  Extensions  and 
pumping   station,   to   be   expended   in  the  years   nineteen  fh^EasT  ^° 
hundred  and  eight,  nineteen  hundred  and  nine  and  nine-  ^g^ueef"'^ 
teen  hundred  and  ten,  an  amount  not  exceeding  two  hun-  inland  pump- 

■  o  ing   stations. 

dred  and  fifty  thousand  dollars ;  for  the  Deer  Island  pump- 
ing station,  to  be  expended  in  the  years  nineteen  hundred 
and  eight,  nineteen  hundred  and  nine  and  nineteen  hun- 
dred and  ten,  a  sum  not  exceeding  one  hundred  and  ninety- 
five  thousand  dollars. 

Section  2.    For  the  above  purposes  the  said  board  may  The  treasurer 
expend  any  sum  heretofore  appropriated  for  the  construe-  genemi^'may 
tion   of  the  north  metropolitan   sewerage   system,    and  to  gf^^^  bonds, 
meet  the  expenses  incurred  under  the  provisions  of  this 
act  and  not  so  provided  for  the  treasurer  and  receiver  gen- 
eral shall,  with  the  approval  of  the  governor  and  council, 
issue,  from  time  to  time,  bonds  in  the  name  and  behalf  of 
the  commonwealth  and  under  its  seal,  to  an  amount  not 


522 


Acts,  1908.  — Chap.  557. 


exceeding  four  hundred  and  thirteen  thousand  dollars,  in 
addition  to  the  anionnt  of  such  bonds  heretofore  authorized 
by  law.  The  provisions  of  chapter  four  hundred  and 
thirty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine  and  of  chapter  four  hundred  and  twenty-four 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-eight, 
and  of  all  acts  in  amendment  thereof  and  in  addition 
thereto,  shall,  so  far  as  they  may  be  applicable,  apply  to 
the  indebtedness  authorized  by  this  act.  Any  premium 
realized  from  the  sale  of  said  bonds  shall  be  paid  into  the 
Metropolitan  Sewerage  Loans  Sinking  Fund  and  placed  to 
the  credit  of  the  north  metropolitan  sewerage  system. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  29,  1908. 


Improvement 
of  the  entrance 
to  Sesuit 
harbor  in 
Dennis. 


Land  or  ma- 
terials may  be 
purchased  or 
taken,  etc. 


Chap.557  Ax  Act  to  provide  for  improving  the  entrance  to 

SESUIT    HARBOR    IN    THE    TOWN    OF    DENNIS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  harbor  and  land  commission- 
ers is  hereby  authorized  and  directed  to  improve  the  en- 
trance to  Sesuit  harbor  in  the  to^vn  of  Dennis  by  the  con- 
struction of  a  jetty  or  jetties,  and  otherwise.  For  this 
purpose  the  board  may  expend  a  sum  not  exceeding  ten 
thousand  dollars. 

Section  2.  The  said  board  may  purchase  or  take,  in 
the  name  and  behalf  of  the  commonwealth,  any  land  or 
materials  necessary  for  carrying  out  the  provisions  of  this 
act.  The  manner  of  such  taking  and  of  determining  the 
damages  caused  thereby,  or  by  any  other  doings  of  said 
board  under  the  provisions  of  this  act,  shall  be  the  same 
as  is  provided  by  sections  seven  and  eight  of  chapter  four 
hundred  and  seven  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-three,  relative  to  the  taking  of  land  by  the  met- 
ropolitan park  commission;  and  said  board  shall,  for  the 
purposes  of  this  act,  have  the  powers  which  are  conferred 
upon  the  metropolitan  park  commission  by  said  sections,. 
The  damages  when  finally  determined  shall  be  paid  out  of 
the  sum  hereby  authorized. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  29,  1908. 


Damages. 


Acts,  1908.  — Chap.  558.  523 


An  Act  to  authorize  the  metropolitan  water  and  (JJidp^^^Q 

SEWERAGE  BOARD  TO  MAKE  CERTAIN  IMPROVEMENTS  IN 
THE  METROPOLITAN  WATER  WORKS  AND  TO  PROVIDE  FOR 
THE  PAYMENT  OF  CLAIMS. 

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  Metropolitan  Water  Loan  Fnnd,  for  the  follow- 
inff  DurDOses :  —  For  a  power  plant  at  the  Wachiisett  dam,  For  improve- 

o  f       r-  J.  i  ments  to  the 

a  sum  not  exceeding"  one  hnndred  and  iiiteen  tnousana  metropoutan 
dollars ;  for  concrete  walls  and  tile  floor  at  the  gate  and  ^^^^' 
power  house  at  the  Wachusett  dam,  a  sum  not  exceeding 
seven  thousand  dollars;  for  a  new  forty-eight  inch  main 
from  Chestnut  Hill  reservoir  to  the  Boston  city  line,  a 
sum  not  exceeding  one  hundred  and  ninety  thousand  dol- 
lars ;  for  the  completion  of  the  Arlington  pumping  station 
and  its  equipment,  a  siim  not  exceeding  fourteen  thousand 
five  hundred  dollars;  for  the  construction  of  sewers,  cess- 
pools and  other  improvements  necessary  on  the  watershed 
of  the  Wachusett  reservoir,  a  sum  not  exceeding  five  thou- 
sand dollars;  for  settlement  of  suits  now  pending  in  the 
courts,  and  for  claims  and  reserves  payable  upon  com- 
pleted contracts,  a  sum  not  exceeding  two  hundred  and 
sixty  thousand  dollars. 

Section  2.  For  the  above  purposes  the  said  board  may  Treasurer  and 
expend  any  sum  heretofore  appropriated  for  the  construe-  erafmaV^ssue 
tion  of  metropolitan  water  works,  and  to  meet  the  expenses  ^°''^'  ^^''■ 
incurred  under  the  provisions  of  this  act  and  not  so  pro- 
vided for  the  treasurer  and  receiver  general  shall,  from 
time  to  time,  issue  upon  the  request  of  said  board,  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  three  hundred  and 
ninety-eight  thousand  dollars  in  addition  to  the  sum  of 
forty  million  five  hundred  thousand  dollars  authorized  to 
be  issued  under  the  provisions  of  chapter  four  hundred  and 
eighty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five,  chapter  four  hundred  and  fifty-three  of  the  acts 
of  the  year  nineteen  hundred  and  one  and  chapter  three 
hundred  and  sixty-seven  of  the  acts  of  the  year  nineteen  hun- 


524 


Acts,  1908.  — CuAr.  559. 


dred  and  six,  and  the  jn-ovisions  of  said  chapter  four  hun- 
dred and  eighty-eiiiht  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five,  and  of  acts  in  amendment  thereof 
and  in  addition  thereto,  shall  apply  to  this  additional  loan 
to  the  same  extent  as  if  the  amount  authorized  by  said  act 
had  been  forty  million  eight  hundred  and  ninety-eight 
thousand  dollars  instead  of  twenty-seven  million  dollars. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  29,  1908. 


Chelsea  Board 
of  Control,  ap- 
pointment, etc. 


Compensation. 


Chcip.DoQ  Ak  Act  relative  to  the  city  GOVEEXME^'T  of  the  city 

OF  CHELSEA. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  The  governor,  with  the  advice  and  consent 
of  the  council,  shall  appoint  a  commission  of  five  persons, 
who  shall  be  citizens  of  the  commonwealth,  to  be  known  as 
the  Chelsea  Board  of  Control.  Of  the  said  commissioners 
one  shall  be  appointed  to  serve  until  the  first  Monday  in 
January  in  the  year  nineteen  hundred  and  ten,  one  until 
the  first  Monday  in  January  in  the  year  nineteen  hundred 
and  eleven,  and  three  until  the  first  Monday  in  January 
in  the  year  nineteen  hundred  and  thirteen.  The  governor, 
with  the  advice  and  consent  of  the  council,  shall,  from 
time  to  time,  fix  the  compensation  of  the  commissioners, 
which  shall  be  paid  by  the  city  of  Chelsea,  and  may  re- 
move any  commissioner  and  may  fill  any  vacancy  in  the 
commission.  At  the  state  election  held  in  said  city  in  the 
years  nineteen  hundred  and  nine  and  nineteen  hundred 
and  ten,  successors  to  the  commissioners  whose  terms  ex- 
pire in  the  January  following  the  said  elections,  shall  be 
nominated  by  direct  vote  and  shall  be  elected  under  the 
same  provisions  of  law,  so  far  as  they  apply,  which  govern 
the  nomination  and  election  of  the  mayor  of  the  city ;  and 
the  commissioners  so  elected  shall  serve  until  the  first  Mon- 
day in  January  in  the  year  nineteen  hundred  and  thirteen. 

Section  2.  Upon  the  appointment  of  the  said  board 
the  mayor,  the  aldermen,  and  the  members  of  the  school 
connnittee  of  the  said  city  shall  cease  to  hold  office,  and 
their  powers  and  duties  shall  devolve  upon  the  board. 
The  acts  of  the  board  shall  be  the  acts  of  the  city,  and  the 
board  may  establish  departments  and  appoint  the  officers 


Election  of 
svicce.ssors  to 
the  board  of 
control,  etc. 


Mayor  and 
certain  other 
officials  to 
cease  to  hold 
office,  etc. 


Acts,  1908.  — Chap.  559.  525 

thereof,  fix  tlieir  compensation,  and  give  to  them  snch  of 
the  powers  and  duties  of  the  board  as  it  shall  specify ;  may 
purchase  supplies ;  may  employ  persons  to  do  work  for  the 
city ;  may  remove  any  j>erson  now  or  hereafter  holding 
office  or  position  in  or  under  the  city  government;  and 
may  fill  vacancies  in  the  school  committee  for  the  re- 
mainder of  the  municipal  year.  All  persons  now  in  office, 
except  the  mayor,  aldermen  and  school  committee,  shall 
continue  at  the  pleasure  of  the  board,  and  all  votes  pro- 
vided by  law  to  be  cast  by  the  citizens  of  Chelsea  at  the 
city  election  shall  be  cast  at  the  state  election  until  the 
year  nineteen  hundred  and  eleven,  and  in  that  year  and 
thereafter  such  votes  shall  be  cast  at  the  city  election  as 
now  provided  by  law. 

Section  3.  As  soon  as  may  be,  the  board  of  control  ofP^emEof 
shall  appoint  a  school  committee  of  five  members  to  exer-  ^■'t'^°e_''°t'^; 
cise  and  perform  the  powers  and  duties  of  school  com- 
mittees under  the  general  laws.  Of  the  said  committee 
one  shall  be  appointed  to  hold  office  until  the  first  Monday 
in  January  in  the  year  nineteen  hundred  and  ten,  two  to 
hold  office  until  the  first  Monday  in  January  in  the  year 
nineteen  hundred  and  eleven,  and  two  to  hold  office  until 
the  first  Monday  in  January  in  the  year  nineteen  hundred 
and  twelve.  At  each  state  election  in  the  said  city  until 
the  year  nineteen  hundred  and  eleven,  and  in  that  year 
and  thereafter,  at  the  city  election,  members  to  succeed 
those  whose  terms  expire  the  following  year,  and  members 
to  fill  vacancies  shall  be  nominated  and  elected  at  large. 
The  members  so  elected  shall  hold  office  for  three  years, 
except  that  members  elected  to  fill  vacancies  shall  hold 
office  for  the  unexpired  term,  and  until  their  successors 
are  elected  and  qualified. 

Section  4.  The  board  may  make  public  improvements  pubUc  im- 
in  said  city  consisting  of:  establishing,  defining  or  ehang-  p^^vements, 
ing  the  boundaries  of  a  public  park,  square,  or  other  public 
place;  constructing  a  sidewalk,  sewer,  or  public  way;  lay- 
ing out,  relocating,  altering,  widening,  or  repairing  a  pub- 
lic way,  with  or  without  constructing  a  sewer  therein ;  dis- 
continuing a  public  way,  taking  land  for  a  public  building, 
or  other  public  purpose,  or  establishing  a  building  line  on  a 
public  way  between  which  line  and  the  street  no  building 
shall  be  erected  and  no  other  structure,  except  such  steps, 


526 


Acts,  1908.  — Chap.  559. 


Hearings,  etc. 


Orders  for  im- 
provements to 
be  filed,  etc. 


Betterments. 


Damages. 


Height  of 
buildings,  etc. 


windows,  verandas,  and  balconies  of  a  building  as  may  be 
authorized  by  the  board. 

Sectiois^  5.  Whenever  the  board  shall  be  of  opinion 
that  a  public  improvement  aforesaid  should  be  made  the 
board  shall  appoint  a  time  and  place  for  a  public  hearing 
thereon.  Xotice  of  such  hearing  and  of  the  intention  of  the 
board  in  the  matter,  shall  be  published  twice  a  week  for 
two  successive  weeks  in  at  least  one  newspaper  published  in 
the  said  city  and  one  in  the  coimty  of  Suffolk,  or  if  none  is 
published  in  said  city,  then  in  at  least  two  newspapers  pub- 
lished in  said  county,  the  last  publication  to  be  at  least 
three  days  before  the  time  fixed  for  the  hearing.  The 
board  may  adjourn  the  hearing  from  time  to  time,  and 
after  the  hearing,  may  pass  any  order  relating  to  the  im- 
provement which,  in  their  opinion,  public  interest  requires, 
and  in  the  order  shall  award  the  damages  to  be  paid  by 
the  city  to  each  person  whose  property  is  taken  for,  or  in- 
jured by,  the  improvement. 

Section  6.  The  board  shall  cause  the  order  to  be 
spread  upon  its  records,  and  a  copy  of  the  order  and  of 
the  plan  for  the  improvement,  each  attested  by  the  chair- 
man, shall  be  filed  in  the  registry  of  deeds  for  the  county 
of  Suffolk,  and  the  filing  shall  constitute  a  taking  for  the 
city  of  Chelsea. 

Section  7.  The  board,  within  six  months  after  the 
completion  of  the  improvement,  may  by  an  order  deter- 
mine and  assess  betterments  for  the  improvement,  subject, 
except  as  herein  otherwise  provided,  to  the  provisions  of 
general  laws. 

Section  8.  Any  person  whose  property  is  injured  by 
any  such  order  for  an  improvement  or  for  an  assessment 
of  betterments,  or  by  anything  done  thereunder,  may  have 
his  damages  or  the  betterment  determined  by  a  jury  of  the 
superior  court  for  the  county  of  Suffolk,  or  by  a  justice 
of  said  court,  according  to  his  petition  therefor  filed  in 
said  court  at  any  time  l>efore  the  expiration  of  one  year 
after  the  completion  of  the  improvement  or  the  assessment 
of  the  betterment,  and  the  amount  of  damages  or  better- 
ment shall  l)car  interest  at  four  per  cent  per  annum  from 
the  date  of  filing  the  petition. 

Section  9.  The  board  may  prescribe  the  height  of 
buildings,  number  of  stories  thereof,  materials  thereof,  dis- 


Acts,  1908.  — Chap.  559.  527 


tauce  from  the  boundaries  of  the  land,  and  other  regula- 
tions for  buildings  in  the  city,  or  in  specified  parts  thereof : 
but  the  board  shall  not  impair  or  limit  the  powers  and 
duties  now  conferred  and  imposed  by  law  upon  the  dis- 
trict police. 

Sectiox  10.     In  the  year  nineteen  hundred  and  eleven,  Mayor  and  al- 
and annually  thereafter,  a  mayor  and  aldermen  shall  be  elected  in  nine- 
nominated  and  elected  at  the  city  election  in  said  city  as  alfd  eleven.^ 
now  provided  by  law,  and  shall  hold  office  for  the  terms 
now  provided  by  law,   and  the  mayor  and  aldermen   so 
elected  shall  exercise  and  |X'rform  the  powers  and  duties 
now  conferred  and  imposed  upon  them  by  law. 

Section  11.     Upon  the  qualification  of  the  mayor  and  ^^d^'Ju'jreTo" 
aldermen  so  elected,  the  powers  and  duties  of  the  board  board  of 

T     T,  1  1  control  shall 

of  control  shall  cease,  except  that  no  act  done  or  vote  cease, 
passed  by  the  aldermen  with  the  approval  or  over  the , 
veto  of  the  mayor,  and  no  appointment  to  office  or  removal 
therefrom  by  the  mayor,  and  no  contract  by  or  on  behalf 
of  the  city  involving  an  expenditure  of  more  than  one 
thousand  dollars,  shall  be  valid  if  within  five  days  there- 
after the  board  of  control  shall  disapprove  the  same  in  a 
writing  filed  with  the  city  clerk.  The  city  clerk  shall 
promptly  notify  the  board  of  control  of  every  such  act  or 
vote  done  or  passed  as  aforesaid. 

Section  12.     In  the  year  nineteen  hundred  and  twelve.  Question  of 
at  the  city  election  in  said  city,  there  shall  be  placed  u]X)n  powereTf'the* 
the  official  ballot  the  following  question:  ''  Shall  the  Chel-  l'°o1to  be'°ub- 
r.ea  Board  of  Control  be  continued  ?  "  and  if  a  majority  of  "f'the'^peop'ie^ 
the  voters  voting  thereon  vote  in  the  affirmative,  then  the  «*<=. 
governor,  with  the  advice  and  consent  of  the  council,  shall 
appoint  a  board  of  control  of  three  members,  to  serve  re- 
spectively for  the  terms  of  one,  two  and  three  years  from 
the  first  Monday  in  January,  in  the  year  nineteen  hundred 
and  thirteen,  and  annually  thereafter  one  such  member  to 
serve  for  the  term  of  three  years.     The  said  board  shall 
have  the  powers  conferred  upon  the  board  of  control  by 
section  eleven;   and  the  city  clerk  shall  notify  the  said 
board  as  provided  in  that  section.     Any  member  of  the 
board  so  appointed  may  be  removed  at  any, time  and  any 
vacancy  in  the  board  may  be  filled  by  the  governor,  with 
the  advice  and  consent  of  the  council.     The  compensation 
of  the  members  of  the  board  shall  be  fixed  by  the  gov- 


528 


Acts,  1908.  — Chaps.  oGO,  5G1,  562. 


ernor,  with  the  advice  and  consent  of  the  conncil,  and  shall 
be  paid  by  the  city  of  Chelsea. 

Sectiox  13.     This  act  shall  take  elfect  n])on  its  passage. 

Approved  May  29,  1908. 


Town  of 
Swampscott 
may  be  in- 
cluded in  the 
metropolitan 
water  district. 


Chcqy.^iiO  Ax  Act  to  authorize  the  admission  of  the  town  of 

SWAMPSCOTT   to   THE    METROPOLITAN   WATER   DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  The  metropolitan  water  and  sewerage  board 
may,  on  application,  inclnde  the  town  of  Swampscott  in 
the  metropolitan  water  district,  and  may  fnrnish  water  to 
the  town  on  the  terms  prescribed  by  chapter  four  hundred 
and  eighty-eight  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-five,  and  by  acts  in  amendment  thereof  and  in 
.addition  thereto  for  the  cities  and  to\vns  included  in  said 
district,  and  on  payment  of  such  sum  of  money  as  said 
board  may  fix. 

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

Approved  May  29,  1908. 


CJiCip.561  An  Act  to  al'thorize  the  secretary  of  the  common- 
wealth TO  APPOINT  TWO  DEPUTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  secretary  of  the  commonwealth  may 


Deputy  secre 
taries  of  the 
common 


wealth  a  5-  appoint  two  deputies,  who  shall  each  receive  a  salary  of 
pointment,  etc.  tweutv-five  hundred  dollars  a  year,  to  be  so  allowed  from 
the  first  day  of  January  in  the  year  nineteen  hundred  and 
eight.  Said  deputies  shall  take  the  place,  respectively,  of 
the  first  clerk  and  of  the  second  clerk  whom  the  secretary 
is  now  authorized  to  employ  in  his  office. 

Section  2.     This  act  shall  take  efi^ect  upon  its  passage. 

Approved  June  1,  1908. 


Chojy.^Q^  An  Act  to  define  the  powers  of  the  finance  com- 
mission OF  the  city  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

^owei^of't^he         Section  1.     The  commission  of  seven  appointed  by  the 
finarice  com-      Tnavor  of  the  citv  of  Boston  under  the  authoritv  of  two 

mission  of  the  •  •  .n        <•         •  i       •  '  1 

city  of  Boston,  certain  orders  of  the  city  council  of  said  city,  approved 


Acts,  1908.  — Chap.  562.  529 

bj  the  mayor,  January  twenty-ninth  and  March  seventh, 
nineteen  hundred  and  seven,  respectively,  to  examine  into 
all  matters  pertaining  to  the  finances  of  the  said  city,  in- 
clnding  appropriations,  debt,  loans,  taxation,  expenditures, 
booklceeping,  administration  and  other  matters  more  par- 
ticularly set  forth  in  said  orders,  is  hereby  given  authority 
to  prosecute  the  said  investigation,  to  inquire  into  the 
management  of  the  business  of  said  city,  and  to  inform 
itself  as  to  the  manner  and  methods  in  which  the  same  is 
or  has  been  conducted.  The  commission  shall  report  its 
findings  and  recommendations  to  the  general  court. 

Sectiox  2.  For  the  purpose  of  enabling  the  commis-  Powers  of,  in 
sion  to  perform  the  duties  and  carry  out  the  objects  con-  amination  of 
templated  by  said  orders  and  by  this  act,  and  to  enable  '«^ 'guesses,  e  c. 
the  general  court  to  receive  the  aforesaid  findings  and  rec- 
ommendations as  a  basis  for  such  laws  relating  to  the  gov- 
ernment of  said  city  as  the  general  court  shall  deem  meet 
to  enact,  the  commission  shall  have  power  to  require  the 
attendance  and  testimony  of  witnesses  and  the  production 
of  all  books,  papers,  contracts  and  documents  relating  to 
any  matter  within  the  scope  of  the  said  investigation,  or 
which  may  be  material  in  the  performance  of  the  duties 
imposed  by  said  orders  and  this  act.  Such  witnesses  shall 
be  summoned  in  the  same  manner  and  be  paid  the  same 
fees  as  witnesses  before  the  numicipal  courts  of  said  city. 
Each  of  such  witnesses  may  be  represented  by  counsel  who 
may  cross-examine  the  witness  for  whom  he  ap|)ears  for 
not  more  than  ten  minutes  during  his  examination.  The 
chairman  or  any  member  of  the  commission  may  admin- 
ister oaths  to  or  take  the  affirmation  of  witnesses  who 
appear  before  the  commission.  The  commission  may  pre- 
scribe reasonable  rules  and  regulations  for  the  conduct  of 
hearings  and  the  giving  of  testimony. 

Section  3.     If  any  person  so  summoned  and  paid  shall  P°"rt  may 

i'    i  /v>  issue  orders, 

refuse  to  attend,  or  to  be  sworn,  or  to  affirm,  or  to  answer  etc. 
any  question,  or  to  produce  any  book,  contract,  document 
or  paper  pertinent  to  the  matter  of  inquiry  in  considera- 
tion before  the  commission,  a  justice  of  the  supreme  judi- 
cial court  or  of  the  superior  court,  in  his  discretion,  upon 
application  by  the  commission  or  any  member  thereof,  au- 
thorized thereto  by  vote  of  said  commission,  may  issue  an 
order  requiring  such  person  to  appear  before  the  conmiis- 


530 


Acts,  1908.  — CnAr.  562. 


Penalty. 


Person  giving 
false  informa- 
tion to  be 
guilty  of 
perjury. 


Evidence  may 
be  taken  in 
another  state, 
etc. 


Witnesses  not 
to  incriminate 
themselves. 


When  powers 
shall  cease. 


sion,  and  to  produce  his  books,  contracts,  documents  and 
pajx^rs  and  to  give  evidence  touching  the  matter  in  ques- 
tion. Any  failure  to  obey  such  order  of  the  court  may  ^ye 
punished  by  such  court  as  a  contempt  thereof. 

Sectiox  4.  Any  person  so  summoned  and  paid  who 
shall  refuse  to  attend,  or  to  be  sworn,  or  to  affirm,  or  to 
answer  any  question,  or  to  produce  any  book,  contract, 
document  or  paper  pertinent  to  the  matter  in  consideration 
by  the  commission,  and  any  person  who  wilfully  interrupts 
or  disturbs,  or  is  disorderly,  at  any  hearing  of  the  conmiis- 
sion  shall  be  punished  by  a  fine  not  exceeding  fifty  dollars, 
or  by  imprisonment  for  not  more  than  thirty  days,  or  by 
both  such  fine  and  imprisonment. 

Section  5.  Any  person  who  wilfully  swears  or  affirms 
falsely  before  the  commission  u}X)n  any  point  material  to 
the  matter  of  inquiry  shall  be  guilty  of  perjury,  and  shall 
be  subject  to  the  provisions  of  chapter  two  hundred  and 
ten  of  the  Revised  Laws  and  amendments  thereof. 

Sectiox  6.  Upon  application  by  the  commission  to  any 
justice  of  the  supreme  judicial  court,  or  of  the  superior 
court,  the  said  justice  may  issue  a  commission  to  one  or 
more  competent  persons  in  another  state  for  the  examina- 
tion of  a  person  without  this  commonwealth  relative  to 
any  matter  within  the  scope  of  the  said  investigation  or  of 
this  act.  The  testimony  of  such  jDerson  may  be  taken  by 
open  commission,  or  otherwise  under  the  procedure,  so  far 
as  the  same  may  be  applicable,  provided  by  section  forty- 
three  of  chapter  one  hundred  and  seventy-five  of  the  Re- 
vised Laws,  and  the  said  justice  may  issue  letters  rogatory 
in  support  of  said  commission. 

Sectiox  7.  Xothing  in  this  act  shall  be  construed  to 
compel  any  person  to  give  any  testimony  or  to  produce 
any  evidence,  documentary  or  otherwise,  which  may  tend 
to  incriminate  him. 

Sectiox  8.  The  powers  granted  by  this  act  shall  cease 
on  the  thirty-first  day  of  December,  nineteen  hundred  and 
eight.  Approved  June  1,  1908. 


Acts,  1908.  — Chap.  563.  531 


An  Act  kelative  to  the  opebatioin^  and  inspection  of  Chap,563 

STEAM   BOILERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  four  Innidred  and  amJnde^d."  ^  ^' 
sixty-five  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  striking  out  the  words  ""  of 
construction  ",  in  the  twenty-second  line,  so  as  to  read  as 
follows:  —  Section  1.  All  steam  boilers  and  their  appur-  operation  and 
tenances,  except  boilers  of  railroad  locomotives,  motor  road  steam  boilers, 
vehicles,  boilers  in  private  residences,  boilers  in  public 
buildings  and  in  apartment  houses  used  solely  for  heating, 
and  carrying  pressures  not  exceeding  fifteen  pounds  per 
square  inch,  and  having  less  than  four  square  feet  of  grate 
surface,  boilers  of  not  more  than  three  horse  power,  boilers 
used  for  horticultural  and  agricultural  purposes  exclusively^ 
and  boilers  under  the  jurisdiction  of  the  United  States, 
shall  be  thoroughly  inspected  internally  and  externally  at 
intervals  of  not  over  one  year,  and  shall  not  be  operated 
at  pressures  in  excess  of  the  safe  working  pressure  stated 
in  the  certificate  of  inspection  hereinafter  mentioned, 
which  pressure  is  to  be  ascertained  by  rules  established 
by  the  board  of  boiler  rules,  to  be  appointed  as  herein- 
after provided ;  and  shall  be  equipped  with  such  appliances 
to  insure  safety  of  operation  as  shall  be  prescribed  by  said 
board.  All  such  boilers  installed  after  January  first,  nine- 
teen hundred  and  eight,  shall  be  so  inspected  when  in- 
stalled. Xo  certificate  of  inspection  shall  be  granted  on  - 
any  boiler  installed  after  ]\[ay  first,  nineteen  hundred  and 
eight,  which  does  not  conform  to  the  rules  formulated  by 
the  board  of  boiler  rules. 

Section  2.     Section  eighteen  of  said  chapter  four  bun-  1907, 465,  §  is, 
dred  and  sixty-five  is  hereby  amended  by  striking  out  the  amended, 
words  "  of  construction  ",   in   the  eleventh  line,   so   as  to 
read  as  follows:  —  Section   IS.      Xo   insurance  company  Term  of  policy 
shall  issue  a  policy  of  insurance  on  a  steam  boiler  for  a  gtc"^"'^'^"''^' 
longer  period   than   three  years.      If   a   boiler  is   insured 
which  has  not  previously  been  inspected  externally  and  in- 
ternally and  a  certificate  of  inspection  issued,  the  company 
so  insuring  shall  forthwith  notify  the  chief  of  the  boiler 
inspection  department  of  the  district  police  to  that  effect, 


532 


Acts,  1908.  — Chap.  564. 


and  shall  inspect  snch  boiler  internally  and  externally 
within  one  month  after  the  insurance  is  effected.  Xo  in- 
surance shall  be  effected  on  any  boiler  installed  after  May 
first,  nineteen  hundred  and  eight,  which  does  not  conform 
to  the  rules  formulated  by  the  board  of  boiler  rules. 

Approved  June  1,  IDOS. 


City  of 
Brockton, 
Park  Loan, 
Act  of  1908. 


Clicip.bQ-^  A:n^  Act  to  authokize  the  city  of  brocktox  to  iis'cur 

IXDEBTEDNESS  FOR  PARK  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Brockton,  for  the  purpose  of 
improving  land  now  owned  by  it  for  park  purposes,  and 
for  acquiring  and  improving  other  land  for  park  purposes, 
may  from  time  to  time  issue  bonds,  notes  or  scrip,  to  be 
denominated  on  the  face  thereof,  City  of  Brockton,  Park 
Loan,  Act  of  1908,  to  an  amount  not  exceeding  fifty  thou- 
sand dollars.  Such  bonds,  notes  or  scrip  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  exceeding  four  and  one  half  per 
cent  per  annum,  and  shall  be  signed  by  the  treasurer  and 
countersigned  by  the  mayor  of  the  city.  The  city  may  sell 
such  securities  at  public  or  private  sale,  or  pledge  the  same 
for  money  borrowed  for  the  purposes  of  this  act,  upon  such 
terms  and  conditions  as  it  may  deem  proper:  provided, 
that  they  shall  not  be  sold  for  less  than  the  par  value 
thereof. 

Section  2.  The  city  shall,  at  the  time  of  authorizing 
said  loan,  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments  as  will  extinguish  the  same  within 
the  time  prescribed  by  this  act;  and  when  a  vote  to  that 
effect  has  been  passed  the  amount  required  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  is 
extinguished.  The  city  shall  also  raise  annually  by  taxa- 
tion a  sum  sufiicient  to  pay  the  interest  as  it  accrues  on  the 
said  bonds,  notes  or  scrip. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  1,  190S. 


Proviso. 


Payment  of 
loan. 


Acts,  1908.  — Chaps.  565,  566.  533 


Ax  Act  relative  to  the  use  of  moving  picture  ma-  Cliap.565 

CIIIXES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Xo  person,  firm,  corporation  or  association  Time  of  using 

I      -n  1  1  1  moving  pic- 

of  persons  shall  operate  or  cause  to  be  operated,  and  no  ture  machines 
manager,  owner  or  proprietor  of  a  hall,  theatre,  or  other 
place  of  amusement  shall  permit  to  be  nsed  or  operated, 
in  any  hall,  theatre,  or  other  place  of  amusement,  any 
machine  or  other  device  for  the  projection  of  pictures  upon 
a  screen  or  other  substance  for  a  period  exceeding  twenty 
minutes  for  each  film,  picture,  or  series  of  pictures.  Every 
person,  firm,  corporation  or  association  of  persons  o|)erat- 
ing  or  owning  such  machines  shall,  after  each  film,  picture, 
or  series  of  pictures,  or  at  the  expiration  of  said  period 
of  twenty  minutes,  furnish  some  other  form  of  amusement 
or  entertainment  for  a  period  of  not  less  than  five  minutes. 
But  the  provisions  of  this  section  shall  apply  only  to  mov- 
ing picture  machines,  so-called,  and  shall  not  be  construed 
to  include  machines  or  other  devices  for  projecting  pic- 
tures upon  a  screen  or  other  substance,  which  pictures 
remain  stationary  thereon. 

Section  2.     Any  person,  firm,  corporation,  or  associa-  Penalty, 
tion  of  persons  violating  any  provision  of  this  act  shall  be 
subject  to  a  fine  of  not  less  than  fifty  dollars  or  to  im- 
prisonment for  not  less  than  six  months. 

Approved  June  1,  190S. 


An  Act  relative  to  the  use  of  the  cinematograph.  QJkij)  ^QQ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Xo  cinematograph,  or  similar  apparatus  cinemato- 
involving  the  use  of  a   combustible   film   more  than   ten  fnl^ec^ted  and 
inches  in  length,  shall  be  kept  or  exhibited  on  the  premises  b>Mhe  district 
of  a  public  building,  place  of  public  assemblage,  or  place  p"^*^*^- 
used  for  entertainment,  whether  such  premises  are  licensed 
or  not  licensed  for  entertainments,  unless  the  district  police 
have  insj>ected  and  approved  such  cinematograph  or  other 
similar  apparatus,  and  have  placed  thereon  a  numbered 
metal  tag,  nor  until  such  precautions  against  fire  as  the 
district  police  may  specify  have  been  taken  by  the  owner, 


534 


Acts,  1908.  — Chap.  566. 


Inspection,  etc. 


Penalty. 


user  or  exhibitor  of  such  cinematograph  or  other  similar 
Location  to  be  apparatus.  In  addition,  in  the  city  of  Boston  the  location 
of  the  cinematograph  or  other  similar  apparatus  and  of 
any  booth  or  structure  surrounding-  said  apparatus  shall  be 
ap])roved  bv  the  building  commissioner,  who  may  order 
such  additional  precautions  against  fire  as  he  may  deem 
necessary. 

Sp:ction  2.  The  district  police  are  hereby  empowered 
and  directed  to  inspect  any  cinematograph  or  other  similar 
apparatus  involving  the  use  of  a  combustible  film  more 
than  ten  inches  in  length  which  is  used  or  kept  on  premises 
designated  in  section  one,  and  to  make  such  rules  and 
regulations  as  they  may  deem  necessary  for  the  safe  use 
of  such  apparatus. 

Sectio^^  3.  Any  person  keeping,  using  or  exhibiting  a 
cinematograph  or  other  similar  apparatus  contrary  to  the 
provisions  hereof,  or  in  violation  of  any  rule  or  regulation 
made  by  the  district  police,  or,  in  the  city  of  Boston,  in 
violation  of  any  regulation  or  requirement  made  by  the 
commissioner  of  buildings,  in  accordance  with  the  provi- 
sions hereof,  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  nor  more  than  five  hundred  dollars. 

Sectiox  4.  Xo  person  shall  exhibit  or  operate  any 
cinematograph  or  similar  apparatus  involving  the  use  of 
a  combustible  film  more  than  ten  inches  in  length  until  he 
has  received  a  license  so  to  do  from  an  inspector  of  the 
district  police.  The  fee  for  the  license  shall  be  three  dol- 
lars. The  license  shall  be  for  the  term  of  one  year  from 
the  date  thereof,  but  may  be  renewed  yearly  without  ex- 
amination, upon  the  payment  of  a  fee  of  one  dollar.  The 
license  may  be  revoked  at  any  time  by  any  member  of  the 
district  police,  but  the  person  whose  license  is  so  revoked 
may  appeal  to  the  chief  of  the  district  police,  whose  de- 
cision in  the  matter  shall  be  final.  Xo  such  license  shall 
be  granted  until  the  applicant  has  passed  an  examination, 
similar  to  that  required  of  applicants  for  engineers'  li- 
censes, proving  him  to  be  thoroughly  skilled  in  the  work- 
ing of  the  mechanical  and  electrical  apparatus  or  devices 
used  in  the  operation  of  a  cinematograph  or  similar  appa- 
ratus, as  hereinbefore  defined.  Xo  cinematograph  or  simi- 
lar apparatus  as  aforesaid  shall  be  operated  by  oxyhydrogen 
c:as,  so-called,  or  by  lime  light. 


License 
required,  etc. 


Applicants  to 
pass  examina- 
tion. 


Acts,  1908.  — Chap.  567.  535 

Section  5.  When  a  licensee  under  this  act  desires  to  Assistant. 
have  an  assistant  he  shall  register  the  name,  age,  address 
and  personal  description  of  snch  assistant,  on  a  form  pre- 
pared for  the  purpose  by  the  chief  of  the  district  police, 
and  thereupon  the  said  chief  may  issue  a  permit  allowing 
such  person  to  be  employed  as  an  assistant  to  rewind  or 
repair  moving  picture  films  or  apparatus,  and  to  assist  the 
licensee  in  the  booth  or  other  place  where  the  moving  pic- 
ture is  operated,  but  such  person  shall  not  himself  operate 
or  handle  any  moving  picture  machine.  ISTo  person  under 
the  age  of  eighteen  years  shall  act  as  such  assistant. 

Section  6.    All  licenses  heretofore  issued  for  the  opera-  Expiration  of 

...  licenses  hereto- 

tion  of  any  cinematograph  or  similar  moving  picture  ma-  fore  issued. 
chine  hereinbefore  defined  shall  expire  sixty  days  after  the 
passage  of  this  act. 

Section  7.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal, 
with  are  hereby  repealed.         Approved  June  1,  lOOS. 


An  Act  kelative  to  the  state  armoky  in  the  town  of  (Jhan.DQl 

FRAMINGHAM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     For  the  purpose  of  completing  and  enlarg-  Enlarging  state 
ing  the  armory  for  the  militia,  now  in  course  of  construe-  Frammgham. 
tion  in  the  town  of  Framingham,  the  armory  comm.ission- 
ers  are  hereby  authorized  to  expend  a  sum  not  exceeding 
fifty-five  hundred  dollars. 

Section  2.  For  the  purpose  aforesaid  the  treasurer  and  A™?""^  ^°^" 
receiver  general  shall,  with  the  approval  of  the  governor 
and  council,  issue  registered  or  coupon  bonds  in  the  name 
and  behalf  of  the  commonwealth  and  under  its  seal,  for 
terms  not  exceeding  thirty  years,  with  interest  not  exceed- 
ing four  per  cent  per  annum,  payable  semi-annually  on  the 
first  days  of  March  and  September,  which  bonds  shall  be 
a  part  of  the  Armory  Loan  Bonds  authorized  by  section 
one  hundred  and  eighteen  of  chapter  four  hundred  and 
sixty-five  of  the  acts  of  the  year  nineteen  hundred  and 
five,  as  amended  by  section  nine  of  chapter  five  hundred 
and  four  of  the  acts  of  the  year  nineteen  hundred  and 
six,  and  by  section  nine  of  chapter  five  hundred  and  twenty- 
six  of  the  acts  of  the  year  nineteen  hundred  and  seven; 


536  Acts,  1908.  — Chaps.  568,  569. 

and  the  provisions  of  said  section  one  hnndred  and  eioliteen 
shall  apply  to  the  bonds  hereby  authorized  to  be  issued. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  1,  1908. 

ChCl,p.o68  -^^'  -^CT  RELATIVE  TO  THE  DUTIES  OF  THE  DISTRICT  POLICE. 

Be  it  enacted,  etc.,  as  follows: 
Arrest  and  Section  1.     One  member  of  the  detective  department 

C^TG  OI  ^ 

tramps.  of  tlic  district  poHcc  shall  give  his  whole  time  to  enforcing 

the  provisions  of  law  relating  to  the  arrest  and  care  of 
tramps,  except  that  in  case  of  emergency  he  may  tempo- 
rarily be  assigned  to  other  duties  by  the  chief  of  the  dis- 
trict police. 
Repeal.  Sectiox  2.     All  acts  aud  parts  of  acts  inconsistent  here- 

with are  hereby  re|x?aled. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  1,  1908. 


Chap.5m 


Ax  Act  to  ixcokpokate  the  fraxklix  fouxdatiox. 

Be  it  enacted,  etc.,  as  follows: 

The  Franklin  Sectiox'  1.  Gcorgc  A.  Hibbard,  Charles  W.  Duane, 
incorporated.  Alexander  K.  Maclennan,  Charles  E.  Park,  Richard  Olney, 
William  Endicott,  Xathan  Matthews,  Charles  T.  Gal- 
lagher, James  J.  Storrow,  Frank  K.  Foster,  and  two  other 
persons  to  be  appointed  by  the  supreme  judicial  court  for 
the  county  of  Suffolk,  being  the  present  board  of  managers 
of  the  gift  of  one  thousand  pounds  sterling  and  its  accumu- 
lations to  the  town  of  Boston  under  the  codicil  to  the  will 
of  Benjamin  Franklin,  and  their  successors  in  office,  are 
hereby  made  a  corporation  by  the  name  of  The  Franklin 
Foundation ;  and  they  and  their  successors  in  office  shall 
continue  a  body  corporate  for  the  purposes  hereinafter  set 
forth,  with  all  the  powers  and  ])rivileges  and  subject  to  all 
th(»  duties,  restrictions,  and  liabilities,  not  inconsistent  with 
the  terms  of  said  codicil,  which  are  conferred  and  pre- 
scribed by  all  general  laws  now  or  hereafter  in  force  re- 
lating to  such  corporations.  The  members  of  said  corpo- 
ration shall  be  the  mayor  of  the  city  of  Boston  for  the 
time  being,  the  ministers  for  the  time  being  of  the  oldest 
Episcopalian,  Congregational,  and  Presbyterian  churches 


Acts,  1908.  — Chap.  569.  537 

in  Boston,  and  eight  other  virtuous  and  benevolent  citizens 
of  the  class  designated  in  said  codicil  as  defined  by  the 
decree  of  the  supreme  judicial  court  for  Suffolk  county 
entered  March  sixteenth,  nineteen  hundred  and  four,  in  the 
suit  entitled  City  of  Boston  by  Patrick  A.  Collins,  Mayor, 
and  George  U.  Crocker,  City  Treasurer,  complainants, 
against  James  H.  Doyle  and  others,  resi^ondents,  being 
numbered  799  on  the  docket  of  said  court.  If,  at  any  vacancy, 
time,  any  vacancy  occurs  through  death,  resignation,  in- 
ability or  unfitness  to  act,  or  for  other  cause,  in  the  class 
of  eight  virtuous  and  benevolent  citizens  of  Boston,  it  shall 
be  the  duty  of  said  corporation  to  apply  by  petition  to  said 
court  to  fill  such  vacancy ;  and  in  such  case  the  appointee 
or  appointees  of  said  court  shall  become  members  of  said 
corporation.  Any  of  said  eight  members  may  be  removed 
by  said  court  for  any  cause  for  which  any  members  of  the 
present  board  of  managers  of  said  gift  might  be  removed. 

Section  2.  Said  corporation  shall  be  deemed  a  board  parj'minf  o"f 
or  department  of  the  city  of  Boston,  and  shall  on  behalf  gogj^^*/"^ 
of  the  said  city  have  the  sole  care,  custody,  management, 
and  control  of  the  industrial  school  established  by  the 
present  board  of  managers  of  Franklin's  gift,  and  known 
as  the  Franklin  Union,  as  an  independent  industrial  school ; 
shall  appoint  and  fix  the  compensation  of  such  instructors, 
officers,  and  subordinates  as  it  may  think  necessary  for  the 
proper  management  and  operation  of  the  institution,  and 
may  remove  the  same ;  and  shall  expend  in  accordance 
with  the  purposes  thereof  any  money  heretofore  or  here- 
after paid  or  contributed  to  the  city  or  to  the  corporation 
hereby  established  for  the  maintenance  of  the  said  institu- 
tion, and  the  income  of  any  fund  heretofore  or  hereafter 
given  to  the  city  or  to  the  corporation  hereby  established, 
for  the  benefit  of  the  said  institution,  such  expenditures  to 
be  made  by  said  corporation  in  conformity  with  the  will, 
deed  of  gift,  or  other  legally  expressed  purpose  of  the 
donor,  so  far  as  the  same  may  legally  be  done ;  and  shall 
have  control  and  charge  of  the  expenditure  of  all  moneys 
appropriated  by  said  city  for  the  maintenance  of  the  in- 
stitution. 

Section  3.  Said  corporation  shall  also  have  the  cus-  to  have  cus- 
tody, management,  and  control  of  that  part  of  Franklin's  prlnkUnglft. 
gift  which  is  now  accunuilating  for  the  second  hundred 


538 


Acts,  1908.  —  Cii.u'.  570. 


Title  to  prop- 
erty to  remain 
in  the  city  of 
Boston. 


Investment  of 
surplus  funds. 


Repeal. 


years  under  the  terms  of  said  codicil ;  but  the  legal  title 
thereof  shall  continue  to  be  in  the  city  of  Boston. 

SECTioisr  4.  The  legal  title  to  the  property  now  consti- 
tuting said  Franklin  Union,  and  to  that  part  of  said  gift 
which  the  present  managers  of  the  same  have  appropriated 
and  set  apart  to  be  laid  out  in  the  establishment  of  said 
Franklin  Union,  and  the  legal  title  to  any  fund  or  other 
proix'rty  already  given  to  the  city  of  Boston  for  the  es- 
tablishment, maintenance,  or  benefit  of  said  Franklin 
Union,  shall  remain  in  the  city  of  Boston ;  but  the  corpo- 
ration hereby  established  shall  have  authority  hereafter  to 
hold  the  legal  title  to  and  apply  any  real  or  personal  estate 
hereafter  given,  granted,  bequeathed,  or  devised  to  and 
accepted  by  it  for  the  maintenance,  extension,  or  otherwise 
for  the  benefit  of  said  Franklin  Union,  and  shall  have  au- 
thority to  invest  and  reinvest  such  real  and  jjersonal  estate 
in  securities  in  which  funds  of  savings  banks  of  this  com- 
monwealth may  by  law  be  invested,  and  to  sell  such  securi- 
ties and  invest  and  reinvest  the  proceeds  of  such  sale  or 
sales.  If  after  the  completion,  equipment,  and  furnishing 
of  said  Franklin  Union,  any  surplus  remains  over  of  that 
part  of  Franklin's  gift  now  available  to  be  laid  out  under 
the  terms  of  said  codicil,  said  corporation  may  invest  the 
same  and  apply  the  income  thereof  toward  the  maintenance 
of  said  Franklin  Union,  the  legal  title  to  said  surplus  to 
remain  in  the  city  of  Boston. 

Section  5.  All  acts  and  i^arts  of  acts  inconsistent  here- 
Avith  are  hereby  repealed. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  1,  1908. 


Chap.570   -^^  ^^Cr  TO  PROVIDE  FOR  THE  PROPER  MAKKIXG  OF  HEATED 

MILK. 


Marking  of 
heated  milk. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Whoever,  himself  or  by  his  servant  or 
agent,  or  as  the  servant  or  agent  of  any  person,  firm  or  cor- 
poration, sells,  exchanges  or  delivers  or  has  in  his  custody 
or  possession  with  intent  to  sell,  exchange  or  deliver  any 
milk  which  has  been  subjected  to  artificial  heat  greater 
than  one  hundred  and  sixty-seven  degrees  Fahrenheit,  not 


Acts,  1908.  — Chap.  571.  539 

having  the  words  "  heated  milk  "  distinctly  marked  upon  Marking^of_ 

a  light  ground  in  plain  black  uncondensed  gothic  letters 

at  least  one  inch  in  length  in  a  conspicuous  place  upon 

every  vessel,  can  or  package  from  or  in  which  such  milk 

is,  or  is  intended  to  be,  sold,  exchanged  or  delivered  shall 

for  a  first  offence  be  punished  by  a  fine  of  not  less  than 

fifty  nor  more  than  two  hundred   dollars,  for  a  second 

offence  by  a  fine  of  not  less  than  one  hundred  nor  more 

than  three  hundred  dollars,  and  for  a  subsequent  offence 

by  a  fine  of  fifty  dollars  and  by  imprisonment  for  not  less 

than  sixty  nor  more  than  ninety  days.     If  such  vessel,  can 

or  package  is  of  the  capacity  of  not  more  than  two  quarts, 

said  words  may  be  placed  upon  a  detachable  label  or  tag 

attached  thereto  and  said  letters  may  be  less  than  one  inch 

in  length,  but  not  smaller  than  brevier  gothic  capital  letters. 

Sectiois"  2,     Xothing  in  this  act  shall  be  construed  as  Not  to  a^piy 
applving  to  condensed  milk  or  to  milk  which  has  been  con-  milk,  etc. 
centrated  to  one  half  its  volume  or  less. 

Approved  June  1,  1908. 


An  Act  to  establish  the  mount  everett  keservation  CJiap.511 

IN  THE    COUNTY  OF   BERKSHIRE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    ^Yithin  thirty  days  after  the  passage  of  this  Mount  Everett 
act  the  governor,  with  the  advice  and  consent  of  the  coun-  commission, 
oil,  shall  appoint  a  commission  to  be  knowm  as  the  Mount  appointment, 
Everett  Reservation  Commission,  consisting  of  three  per- 
sons, all  of  whom  shall  be  residents  of  the  county  of  Berk- 
shire, one  member  of  said  commission  to  be  appointed  for 
the  term  of  two  years,  one  for  the  term  of  four  years  and 
one  for  the  term  of  six  years ;  and  there  shall  be  one  mem- 
ber of  said  commission  appointed  in  like  nianner  every 
two  years  thereafter,  to  serve  for  the  term  of  six  years  from 
the  date  of  his  appointment.     The  members  of  the  commis- 
sion shall  serve  without  compensation. 

Section  2.     The  commission  is  hereby  authorized  and  ap^yre*^^  °'" 
directed  to  take,  or  acquire  by  purchase,  gift  or  otherwise,  l^l^'^^'^  ^'^°^' 
land  situate  in  the  ^fount  Everett  mountain  range  in  the 
towns  of  Mount  Washington  and  Sheffield,  and  the  land  so 
acquired  shall  be  known  as  the  Mount  Everett  state  reser- 
vation. 


540 


Acts,  1908.  — Chap.  572. 


Expenditure. 


Powers  of 

commission. 


Expense  to 
be  assessed 
upon  the 
county  of 
Berkshire. 


Mount  Everett 
State  Reser- 
vation Fund. 


Section  3.  To  carry  out  the  purjjoses  of  this  act  the 
sum  of  five  thousand  dollars  shall  be  allowed  and  paid  out 
of  the  treasury  of  the  commonwealth. 

Section  -i.  The  commission  shall  have  the  same  powers 
in  acquiring  land  for  the  Mount  Everett  state  reservation 
which  are  given  to  the  metropolitan  park  commission, 
established  by  chapter  four  hundred  and  seven  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-three  and  acts 
amendatory  thereof,  and  shall  be  vested  with  full  power 
and  authority  to  care  for,  protect  and  maintain  the  same 
on  behalf  of  the  commonwealth. 

Section  5.  The  necessary  expense  for  the  care  and 
maintenance  of  the  ]\Iount  Everett  state  reservation  shall 
annually  be  estimated  by  the  Mount  Everett  Reservation 
Commission,  and,  if  approved  and  accepted  by  the  county 
commissioners  of  the  county  of  Berkshire,  shall  be  em- 
bodied in  the  estimate  annually  submitted  by  them  to  the 
general  court,  and  shall  be  assessed  upon  said  county  and 
collected  in  the  same  maimer  as  county  taxes. 

Section  6.  The  county  treasurer  of  said  county  shall 
hold,  subject  to  the  order  of  tlie  Mount  Everett  Reservation 
Commission,  all  sums  raised  by  taxation  in  the  manner 
provided  in  section  five  of  this  act,  and  all  sums  that  may 
be  given  to  said  commission  for  the  purposes  of  the  reserva- 
tion, as  the  Mount  Everett  State  Reservation  Fund. 

Approved  June  2,  190S. 


Chap.572 


Extending  the 
term  of  the 
commission  on 
industrial 
education. 


One  memVier 
to  be  a 
woman. 


Powers  of  the 
commission. 


An  Act  relative  to  the  commission  on  industrial 
education. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  term  of  the  commission  on  industrial 
education  established  by  chapter  five  hundred  and  five  of 
the  acts  of  the  year  nineteen  hundred  and  six  is  hereby 
extended  from  three  years  to  five  years. 

Section  2.  The  governor,  by  and  with  the  consent  of 
the  council,  shall  appoint  a  woman  as  an  additional  mem- 
ber of  the  commission. 

Section  8.  The  commission  shall  have  all  necessary 
powers  in  the  conduct  and  mainteuance  of  independent 
industrial  school.'?,  aud  uioney  appropriated  by  the  com- 
mouwcalth  or  by  muuicijialitics  for  their  maintenance  shall 


Acts,  1908.  — Chap.  573.  541 

be  expended  under  its  direction  or  with  its  approval.  Any 
city  or  town  may  also  establish  independent  industrial 
schools  in  charge  of  a  board  of  trustees  which  shall  have 
anthoritv  to  provide  and  maintain  such  schools.  Such 
schools,  if  approved  by  the  commission  on  industrial  edu- 
cation as  to  location,  courses  and  methods  of  instruction, 
shall  receive  reimbursement  as  provided  in  section  four 
of  said  chapter  iSve  hundred  and  five. 

Sectioj^  4.     Anv  resident  of  Massachusetts  mav,  with  Any  resident 

"^  .      .  .      -  .    ,         ,  '  .  of  the  state 

the  approval  of  the  commission  on  industrial  education,  may  attend  an 
attend  an  independent  industrial  school,  as  provided  for  school. 
in  this  act,  located  in  any  city  or  town  other  than  that  in 
which  he  resides,  provided  there  is  no  such  school  sup- 
ported in  whole  or  in  part  by  the  city  or  town  in  which 
he  resides,  upon  payment  by  the  city  or  town  of  his  resi- 
dence of  such  tuition  fee  as  may  be  fixed  by  said  commis- 
sion ;  and  the  commonwealth  shall  repay  to  any  city  or 
town  one  half  of  all  such  payments.     If  any  city  or  town  Liability  of 
neglects  or  refuses  to  pay  for  such  tuition,  it  shall  be  liable  Fo/negie^Ting 
therefor,  in  an  action  of  contract,  to  the  legally  constituted  luiF.on.'*'''°°' 
authorities  of  the  school  which  the  pupil  attended  under 
the  approval  of  said  commission. 

Sectiox  5.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal, 
with  are  hereby  repealed.  Approved  June  2,  1908. 

Ax  Act  eelative  to  the  BriLDixo  of  structures  ix  (JJianJyi'^ 

THE    CONNECTICUT    RIVER    AT    SPRINGFIELD. 

Be  it  enaetecl,  etc.,  as  follows: 

Section  1.     Xo  wharf,  pier,  wall,  filling  or  other  struc-  Building  of 
ture  or  work  shall  ever  hereafter  be  built  or  extended  in  the^cOTnecTi- 
the  Connecticut  river  at  Springfield  beyond  the  river  line  springfieid! 
described  in  section  one  of  chapter  three  hundred  and  one 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-three, 
'u-ithout  the  permission  of  the  board  of  harbor  and  land 
commissioners. 

Section  2.      So  much  of  section  one  of  said  chapter  Repeal, 
three  hundred  and  one  as  is  inconsistent  herewith  is  hereby 
repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  2,  1908. 


Ot 


42 


Acts,  1908.  — Chap.  574. 


Chap.b74:  Ax  Act  to  amejs^d  the  ciiartek  of  the  city  of  haver- 
hill. 


Date  of  city 
election  of 
Haveiliill. 


Municipal 
year. 


Election  of 
mayor,  alder- 
men and  mem- 
bers of  school 
committee, 
etc. 


Preliminary 
election  for 
nomination  of 
candidates. 


]>c  it  enacted,  etc.,  as  foUoivs: 

Section  1.  The  auniial  citj  election  of  the  city  of 
Haverhill  shall  be  held  on  the  Tuesday  next  followiiiii;  the 
first  Monday  of  December.  Every  special  city  election 
shall  be  held  on  a  Tuesday. 

Section  2.  The  municipal  year  shall  begin  at  ten 
o'clock  in  the  forenoon  on  the  first  Monday  of  January, 
and  shall  continue  until  ten  o'clock  in  the  forenoon  on  the 
first  Monday  of  the  January  next  following. 

Sectiox  3.  In  the  year  nineteen  hundred  and  eight 
and  in  every  second  year  thereafter  there  shall  be  elected 
at  the  annual  city  election  of  said  city,  the  mayor,  two 
aldermen  and  two  members  of  the  school  committee  for  the 
term  of  the  two  municipal  years  next  following  their  re- 
s])ective  elections.  There  shall  also  be  elected  at  said  an- 
nual city  election  in  the  year  nineteen  hundred  and  eight, 
two  aldermen  and  two  members  of  the  school  committee 
for  the  municipal  year  next  following  such  election.  In 
the  year  nineteen  hundred  and  nine  and  in  every  second 
year  thereafter  there  shall  be  elected  at  the  annual  city 
election  two  aldermen  and  two  members  of  the  school  com- 
mittee, each  for  the  two  municipal  years  next  following  his 
election.  The  number  of  aldermen  of  said  city  shall  be 
four.  Except  as  aforesaid  and  as  otherwise  provided  in 
this  act,  no  city  officers  shall  be  elected  at  any  city  elec- 
tion. The  above  mentioned  officers  shall  be  elected  by 
and  from  the  qualified  voters  of  the  city  and  may  be  resi- 
dents of  any  part  thereof. 

Section  4.  Except  as  otherwise  provided  in  section 
forty-one  there  shall  not  be  printed  on  the  official  ballots 
to  be  used  at  any  annual  or  special  city  election  of  said 
city  the  name  of  any  person  as  a  candidate  for  mayor, 
alderman  or  member  of  the  school  committee  unless  such 
person  be  nominated  as  such  candidate  at  a  preliminary 
election  for  nominations  to  be  held  as  provided  in  this  act. 
There  shall  not  be  printed  on  the  official  ballots  to  be  used 
at  a  preliminary  election  for  nominations  the  name  of  any 
person  as  a  candidate  for  nomination  at  such  preliminary 


Acts,  1908.  — Chap.  574.  543 

election  for  nominations  unless  such  person  shall  have  filed, 
within  the  time  limited  bj  section  seven  of  this  act,  the 
statement  of  candidate  and  the  petition  accompanying  the 
statement  described  in  section  seven. 

Section  5.  On  the  third  Tuesday  preceding  every  an-  same  subject, 
nual  or  special  city  election  at  which  any  officer  mentioned 
in  section  three  is  to  be  elected  there  shall  be  held  a  pre- 
liminary election  for  nominations  for  the  purpose  of  nomi- 
nating candidates  for  such  offices  as,  under  the  provisions 
of  this  act,  are  to  be  filled  at  such  annual  or  special  city 
election.  Xo  special  election  for  the  election  of  mayor  or 
an  alderman  shall  be  held  until  after  the  expiration  of 
forty  days  from  the  calling  of  the  preliminary  election  for 
nominations,  which  under  the  provisions  of  this  act  is  to 
be  held  on  the  third  Tuesday  preceding  such  special  elec- 
tion. At  every  preliminary  election  for  nominations  the 
polls  shall  be  opened  at  six  o'clock  in  the  forenoon  and 
kept  open  until  four  o'clock  in  the  afternoon  and,  except 
as  otherwise  provided  in  this  act,  every  such  preliminary 
election  for  nominations  shall  be  called  by  the  same  officers 
and  held  in  the  same  manner  as  an  annual  city  election, 
and  polling  places  shall  be  designated,  provided  and  fur- 
nished, official  ballots,  special  ballots,  ballot  boxes,  voting 
lists,  specimen  ballots,  blank  forms,  apparatus  and  sup- 
plies shall  be  provided  for  every  such  preliminary  election 
for  nominations  in  the  same  number,  kind  and  manner  and 
by  the  same  officials  as  at  an  annual  city  election,  and  the 
same  election  officers  shall  officiate  as  at  an  annual  city 
election. 

Section  6.  The  provisions  of  law  relating  to  election  same  subject, 
officers,  voting  places  for  elections,  election  apparatus  and 
blanks,  calling  and  conduct  of  elections,  manner  of  voting 
at  elections,  counting  and  recounting  of  votes  at  elections, 
corrupt  practices,  and  penalties,  shall  apply  to  such  pre- 
liminary elections  for  nominations,  except  as  otherwise  pro- 
vided in  this  act. 

Section  7,  Any  person  who  is  qualified  to  vote  for  Same  subject. 
a  candidate  for  mayor,  alderman  or  member  of  the  school 
committee,  and  who  is  a  candidate  for  nomination  for  such 
office  may  have  his  name,  as  such  candidate,  printed  on 
the  official  ballots  to  be  used  at  a  preliminary  election  for 
nominations  provided  that  he  shall,  at  least  ten  days  prior 


544 


Acts,  1908.  — Chap.  574. 


to  such  preliminary  election  for  nominations,  file  with  the 
city  clerk  a  statement  in  writing  of  his  candidacy  in  sub- 
stantially the  following  form :  — 


Form  of  state- 
ment of 
candidate. 


Statement  of  Candidate. 

I,    ( ) ,  on  oath  declare  that  I  reside  at 

(number,  if  any,)  on  (name  of  street,)  in  the  city  of  Haverhill;  that 
I  am  a  voter  therein  qualified  to  vote  for  a  candidate  for  the  here- 
inafter mentioned  oifice;  that  I  am  a  candidate  for  nomination  for 
the  office  of  (mayor,  alderman  or  member  of  the  school  committee) 
for  (state  the  term),  to  be  voted  for  at  the  preliminary  election  for 
nominations  to  be  held  on  Tuesday,   the  <lay   of  , 

19  ,  and  I  request  that  my  name  be  printed  as  such  candidate 
on  the  official  ballots  to  be  used  at  said  preliminary  election  for 
nominations. 

(Signed). 

Commonwealth  of  Massachusetts. 
Essex,  ss. 

Subscribed  and  sworn  to  on  this  day  of  ,  19         , 

before  me,   (Signed).     Justice  of  the  Peace,      (or  Notary  Public). 

and  at  the  same  time  'shall  file  therewith  a  petition  of  at 
least  twenty-five  voters  of  the  city  qualified  to  vote  for  a 
candidate  for  such  ofiice.  Snch  petition  shall  be  in  snb- 
stantiallv  the  following  form :  — 


Form  of  peti- 
tion accom- 
panying 
statement. 


Petition  Accompanying  Statement  op  Candidate. 

Whereas  (name  of  candidate)  is  a  candidate  for  nomination  for  the 
office  of  (mayor,  alderman  or  member  of  the  school  committee)  for 
(state  the  term),  we,  the  undersigned  voters  of  the  city  of  Haverhill, 
duly  qualified  to  vote  for  a  candidate  for  said  office,  do  hereby  re- 
quest that  the  name  of  said  (name  of  candidate),  as  a  candidate  for 
nomination  for  said  office,  be  printed  on  the  official  ballots  to  be  used 
at  the  preliminary  election  for  nominations  to  be  held  on  the 
Tuesday  of  ,  19         .     We  further  state  that  we  believe  he 

is  of  good  moral  character  and  qualified  to  perform  the  duties  of  the 
office. 


Names  of  Voters. 


Street  number,  if  any. 


Acceptance 
not  nece-ssary. 


Women  may 
be  candidates 
for  office  of 
school  com- 
mittee. 


iSTo  acceptance  by  a  candidate  for  nomination  named  in 
snch  petition  shall  be  necessary  for  its  validity  or  for  its 
filing,  and  the  petition  need  not  be  sworn  to. 

Section  8.  Women  wdio  are  qualified  to  vote  for  mem- 
ber of  the  school  committee  may  be  candidates  for  nomina- 
tion for  that  oflSce  at  any  preliminary  election  for  nomi- 


Acts,  1908.  — Chap.  574.  545 

nations  at  which  candidates  for  nomination  for  that  office 
are  to  be  voted  for,  and,  at  such  preliminary  election  for 
nominations,  may  vote  for,  and  only  for,  candidates  for 
nomination  for  that  office.  They  shall  file  the  hereinbefore 
described  statement  of  candidate  and  the  petition  accom- 
panying the  statement  of  the  candidate  in  all  cases  where 
the  same  are  herein  required  to  be  filed  by  male  candidates 
for  nominations  for  that  office. 

Section  9.  On  the  first  day,  not  being  Sunday  or  a  Publication  of 
legal  holiday,  following  the  expiration  of  the  time  for  filing  "a^ldates. 
the  above  described  statements  and  petitions,  the  city  clerk 
shall  cause  to  be  published  in  one  or  more  newspapers 
published  in  the  city  the  names  and  residences  of  the  candi- 
dates for  nomination  who  have  duly  filed  the  above  men- 
tioned statements  and  petitions,  and  the  offices  and  terms 
for  which  they  are  candidates  for  nomination,  as  they  are 
to  appear  on  the  official  ballots  to  be  used  at  the  preliminary 
election  for  nominations.  The  city  clerk  shall  thereupon 
prepare  the  ballots  to  be  used  at  such  preliminary  election 
for  nominations  and  shall  cause  them  to  be  printed,  and 
the  ballots  so  prepared  shall  be  the  official  ballots  and  the 
only  ballots  used  at  such  preliminary  election  for  nomina- 
tions.    They  shall  be  headed  as  follows :  - — 

Official  Preliminary  Ballot. 

Candidates  for  Nomination  for  Mayor,  Alderman  and  School  Com-   Form  of  pre- 
mittee  of  the  City  of  Haverhill.     At  a  Preliminary  Election  for  Nonii-   liminary 
nations  Held  on  the  Day  of  in  the  Tear  Nineteen   Fallot. 

Hundred  and 

(The  heading  shall  be  varied  in  accordance  with  the  offices  for  which 
nominations  are  to  be  made.) 

Section  10.  The  name  of  each  person  who  has  filed  j^^lrote^"^ 
a  statement  and  accompanying  petition  as  aforesaid,  and 
his  residence  and  the  title  and  term  of  the  office  for  which 
he  is  a  candidate  for  nomination  shall  be  printed  on  said 
ballots,  and  the  names  of  no  other  candidates  shall  be 
printed  thereon.  Blank  spaces  shall  be  left  at  the  end 
of  each  list  of  candidates  for  nomination  for  the  different 
offices,  equal  to  the  number  to  be  nominated  therefor,  in 
which  the  voter  may  insert  the  name  of  any  person  not 
printed  on  the  ballot  for  whom  he  desires  to  vote  for  nomi- 
nation for  such  office.  There  shall  be  printed  on  said 
ballots  such  directions  as  will  aid  the  voter;  for  example^ 


546 


Acts,  1908.  — Chap.  574. 


"vote  for  one",  "vote  for  two'',  and  the  like.     Special 
ballots,  headed :  — 


Form  of 
special   ballot. 


Official  Preliminary  Ballot. 

Candidates  for  Nomination  for  Members  of  School  Committee  of  the 
City  of  Haverhill.     At  a  Preliminary  Election  for  Nominations  Held 
on  the                          Day  of 
and 


in  the  Year  Nineteen  Hundred 


Party  or  po- 
litical desiji- 
nation  not  to 
be  printed 
on  ballot. 


Qualification 
of  voters. 


Duties  of 

election 

officers. 


City  clerk  to 
canvass  re- 
turns, etc. 


Official  bal- 
lots, names  to 
be  placed  on. 


and  containing  the  names  and  residences  of  the  same  candi- 
dates for  nomination  for  member  of  the  school  committee 
as  are  on  the  regidar  official  ballots,  furnished  for  such  pre- 
liminary election  for  nominations,  and  the  title  and  term 
of  that  office  shall  be  prepared  in  like  manner  and  printed 
for  the  use  of  women  qualified  to  vote  for  members  of  the 
school  committee. 

Sectiox  11,  No  ballot  used  at  any  annual  or  special 
city  election  or  at  any  preliminary  election  for  nominations 
shall  have  printed  thereon  any  party  or  political  desig- 
nation or  mark,  and  there  shall  not  be  appended  to  the 
name  of  any  candidate  any  such  party  or  political  designa- 
tion or  mark  or  anything  showing  how  he  was  nominated, 
or  indicating  his  view^s  or  opinions. 

Section  12.  Voters  qualified  to  vote  at  a  city  election 
shall  be  qualified  to  vote  at  the  said  preliminary  election 
for  nominations. 

Section  13.  The  election  officers  shall  immediately, 
upon  the  closing  of  the  polls  at  preliminary  elections  for 
nominations,  count  the  ballots  and  ascertain  the  number 
of  votes  cast  in  the  voting  places  where  they  officiate,  for 
each  person  for  nomination  for  each  office,  and  shall  make 
return  thereof  to  the  city  clerk  forthwith  upon  blanks  to 
be  furnished  as  in  city  elections. 

Section  14.  On  the  first  day,  not  being  Sunday  or  a 
legal  holiday,  following  such  preliminary  election  for 
nominations,  the  city  clerk  shall  canvass  said  returns,  so 
received  from  the  election  officers,  and  shall  forthwith 
determine  the  result  of  such  canvass  and  publish  the  same 
in  one  or  more  newspapers  published  in  said  city. 

Section  15.  The  two  persons  receiving  at  a  prelim- 
inary election  for  nominations  the  highest  number  of  votes 
for  nomination  for  an  office  shall  be  the  candidates  and 
the  only  candidates  for  that  office  whose  names  shall  be 
printed  on  the  official  ballots  to  be  used  at  the  annual  or 


Ac^TS,  1908.  — Chap.  574.  547 

special  city  election  for  the  making-  of  nominations  for 
which  such  preliminary  election  for  nominations  was  held, 
and  if  two  or  more  persons  are  to  be  elected  to  the  same 
office  at  such  anunal  or  special  city  election,  the  several 
persons,  to  a  number  equal  to  twice  the  number  so  to  be 
elected  to  such  office,  receiving,  at  such  preliminary  elec- 
tion for  nominations  the  highest  number  of  votes  for  nomi- 
nation for  that  office,  or  all  such  persons  if  less  than  twice 
the  number  of  those  so  to  be  elected,  shall  be  the  candidates, 
and  the  only  candidates,  for  that  office  whose  names  shall 
be  printed  on  the  official  ballots  to  be  used  at  such  annual 
or  special  city  election. 

Section  16.     ISTo  acceptance  of  a  nomination  made  at  Acceptance  not 

-         .  „    ^  .  .  1     11    1  necessary. 

a  preliminary  election  for  nominations  shall  be  necessary 
for  the  validity  of  such  nomination. 

Section  17.  At  city  elections,  other  than  the  above  de-  Declaration 
scribed  preliminary  elections  for  nominations,  the  person  eiecfeT''^ 
receiving  the  highest  number  of  votes  for  an  office  shall 
be  deemed  and  declared  elected  to  such  office;  and  if  two 
or  more  persons  are  to  be  elected  to  the  same  office,  the 
several  persons,  to  the  number  to  be  chosen  to  such  office, 
receiving  the  highest  number  of  votes  shall  be  deemed  and 
declared  to  be  elected ;  but  persons  receiving  the  same  num- 
ber of  votes  shall  not  be  deemed  to  be  elected  if  thereby 
a  greater  number  would  be  elected  than  are  by  law  to  be 
chosen.  On  ballots  to  be  used  at  annual  or  special  city 
elections  blank  spaces  shall  be  left  at  the  end  of  each  list 
of  candidates  for  the  different  offices,  equal  to  the  number 
to  be  elected  thereto,  in  which  the  voter  may  insert  the 
name  of  any  person  not  printed  on  the  ballot  for  whom  he 
desires  to  vote  for  such  office. 

Section  18.     Except  as  otherwise  provided  in  this  act.  Certain  pro- 
file laws  of  the  commonwealth  governing  annual  cit}^  elec-  to\p"piy. 
tions,  special  elections  of  city  officers  and  special  elections 
in  cities  shall,  so  far  as  they  may  be  applicable,  govern  such 
elections  in  said  city. 

Section  19.  At  ten  o'clock  in  the  forenoon  on  the  first  Terms  of 
Monday  of  January  in  the  year  nineteen  hundred  and  trexpire. 
nine,  the  city  council,  board  of  mayor  and  aldermen,  board 
of  aldermen  and  common  council  of  said  city  shall  be  abol- 
ished ;  the  terms  of  office  which  the  present  mayor,  alder- 
men, common  couneilmen,  members  of  the  school  committee 
and  assistant  assessors  are  now  serving  shall  terminate. 


548 


Acts,  1908.  — CiiAr.  574. 


Oath  of  office 
of  mayor  and 
aldermen,  etc. 


Quorum,  etc. 


and,  except  as  otherwise  provided  in  this  act,  all  the  present 
powers  and  duties  of  all  or  any,  the  mayor,  major  and 
aldermen,  aldermen,  board  of  aldermen,  city  council,  com- 
mon council,  and  common  couucilmen  of  said  city,  imder 
any  general  or  special  acts,  shall  devolve  upon  and  shall 
thereafter  be  exercised  and  performed  by  a  board,  styled 
the  municipal  council,  which  shall  consist  of  the  mayor 
and  four  aldermen  elected  under  the  provisions  of  this  act. 
The  municipal  council  shall  be  the  judge  of  the  election 
of  its  own  members. 

Section  20.  The  mayor  and  the  aldermen  elected  as 
aforesaid  shall  meet  at  ten  o'clock  in  the  forenoon  on  the 
first  Monday  of  January  of  each  year,  and  those  of  them 
whose  term  of  office  then  begins  shall  severally  take  oath 
before  the  city  clerk  or  a  justice  of  the  peace  to  perform 
faithfully  the  duties  of  their  respective  offices.  The  mu- 
nicipal council  shall  thereu]X)n  be  organized  by  the  choice 
of  a  president  who  shall  be  called  the  president  of  the 
municipal  council  and  shall  hold  his  office  during  its  pleas- 
ure. The  president  of  the  municipal  council  shall  be  some 
member  thereof  other  than  the  mayor.  The  organization 
of  the  municipal  council  shall  take  place  as  aforesaid  not- 
withstanding the  absence,  death,  refusal  to  serve,  or  non- 
election  of  the  mayor  or  of  one  or  more  of  the  four 
aldermen,  provided  that  at  least  three  of  the  persons  en- 
titled to  be  members  of  the  municipal  council  are  present 
and  take  the  oath  as  aforesaid.  Any  person  entitled  to 
take  the  aforesaid  oath  who  w^as  not  present  at  the  time 
above  fixed  therefor  may  take  the  same  at  any  time  there- 
after. 

Section  21.  A  majority  of  the  members  of  the  munici- 
pal council  shall  constitute  a  quorum.  Its  meetings  shall 
be  public  and  the  mayor  if  present  shall  preside  and  shall 
have  th(^  right  to  vote.  In  the  absence  of  the  mayor,  the 
president  of  the  municipal  council  shall  preside,  and  in 
the  absence  of  both,  a  chairman  pro  tempore  shall  be 
chosen.  The  city  clerk  shall  be,  ex  officio,  clerk  of  the 
municipal  council  and  shall  keep  the  records  of  its  pro- 
ceedings. All  votes  of  the  members  of  the  municipal  coun- 
cil shall  be  by  yeas  and  nays,  when  that  is  practicable,  and 
shall  be  entered  upon  the  records.  The  affirmative  votes 
of  at  least  tlirce  uieiidiers  shall  be  necessary  for  the  passage 
of  any  order,  ordinance,  resolution  or  vote. 


Acts,  1908.  — Chap.  574.  549 

Section  22.     The  municipal  council  shall  not  make  or  Certain  orders, 
pass  any  order,  resolution  or  vote  appropriating  money  etc°,tobe^'n 
in  excess  of  two  thousand  dollars,  or  making  or  authorizing  anting,  etc. 
the  making  of  any  contract  involving  a  liability  on  the  part 
of  the  city  in  excess  of  two  thousand  dollars,  unless  the 
same  is  proposed  in  writing  and  remains  on  file  in  the 
office  of  the  city  clerk  at  least  one  week  before  its  passage, 
except  an  order,  resolution  or  vote  for  the  immediate  preser- 
vation of  the  public  peace,  health  or  safety  which  contains 
a  statement  of  its  urgency  and  is  made  or  passed  by  a  four 
fifths  vote. 

Section  23.  The  municipal  council  shall  annually,  in  Assistant 
the  month  of  January,  at  a  time  after  ten  o'clock  in  the  tflctTon'?etc. 
forenoon  of  the  first  Monday  of  that  month,  elect  seven 
assistant  assessors  from  the  qualified  voters  of  the  city. 
They  shall  be  sworn  to  the  faithful  performance  of  their 
duties,  shall  have  all  the  powers  and  perform  all  the  duties 
which  the  assistant  assessors  of  said  city  now  have  and 
perform,  and  shall  hold  their  respective  offices  for  the  re- 
mainder of  the  municipal  year  in  which  they  are  elected. 
The  municipal  council  shall  fix  the  compensation  of  the 
assistant  assessors,  and  may  remove  them  at  any  time  for 
sufficient  cause. 

Section  24.     The  municipal  council  shall  each  month  statement  of 
print  in  pamphlet  form  a  detailed  itemized  statement  of  exITendltmes 
all  receipts  and  expenses  of  the  city  during  the  preceding  month]y"etc 
month,  and  shall  furnish  copies  thereof  to  the  public  li- 
brary, to  the  daily  newspapers  published  in  said  city,  and 
to  persons  who  shall  apply  therefor  at  the  office  of  the  city 
clerk.     At  the  end  of  each  municipal  year  it  shall  cause 
a  full  and  complete  examination  of  all  books  and  accounts 
of  the  city  to  be  made  by  competent  accountants,  and  shall 
publish  the  result  of  such  examination  in  the  manner  above 
provided  for  publication  of  statements  of  monthly  receipts 
and  expenses. 

Section  25.  The  municipal  council  shall  fix  suitable  Regular 
times  for  its  regular  meetings.  The  mayor,  the  president  ^^^^'"'^^' 
of  the  municipal  council,  or  any  two  members  thereof, 
may  at  any  time  call  a  special  meeting  by  causing  a  written 
notice,  stating  the  time  of  holding  such  meeting  and  signed 
by  the  person  or  persons  calling  the  same,  to  be  delivered 
in  hand  to  each  member,  or  left  at  his  usual  dwelling  place 
at  least  six  hours  before  the  time  of  such  meetins:.     Meet- 


etc. 


550  Acts,  1908.  — Chap.  574. 

ings  of  the  inuiiicipal  council   may   also   be  held   at   any 

time    when    all    the    members    are    present    and    consent 

thereto. 

Powers  of  Section  26.     The  mnnicipal  conncil  shall  have  power 

council.  to  do,  except  as  otherwise  provided  in  this  act,  withont  the 

approval  of  the  mayor,  all  things  which  all  or  any  of  the 

city  conncil,  board  of  aldermen  and  common  conncil  can 

now  do  with  such  approval.     Any  notes,  bonds  or  scrip 

which  said  city  is  authorized  to  issue  shall  be  signed  by  its 

treasurer  and  countersigned  by  a  majority  of  its  municipal 

council. 

Mayor  to  have        Sectiox  27.     The  mavor  shall  have  no  power  of  veto, 

no  power  ol  «',  i-ii 

veto.  and  no  order,  ordinance,  resolution  or  vote  which  the  mu- 

nicipal council  shall  make  or  pass  shall  be  presented  to  him 
for  or  shall  require  his  approval  in  order  to  be  effective. 

Ordinances,  Section  28.     When  the  municipal  council  shall  make 

etc.,  ot  mu-  1 

nicipai  council,  qj.  p^gs  an  Ordinance,  ov  an  amendment  or  rei)eal  of  an 
ordinance,  such  ordinance,  amendment  or  repeal,  so  passed, 
shall,  except  as  otherwise  provided  in  this  act,  take  effect 

Proviso.  at  the  expiration  of  ten  days  from  its  passage:  provided, 

however,  that,  if  there  is  a  time  therein  specified  when  it 
shall  take  effect  and  such  time  is  more  than  ten  days  after 
its  passage,  such  ordinance,  amendment  or  repeal  shall, 
except  as  otherwise  provided  in  this  act,  take  effect  at  the 
time  so  specified  therein. 

Ordinance9  Section  29.       AVlieu  the  votcrs  make  or  pass  an  or- 

voters.  dlnance  as  provided  in  this  act,  such  ordinance  shall  take 

effect  and  be  in  force  at  the  time  therein  specified  without 
presentation  to  or  approval  by  the  mayor. 

Approval  of  Section  30.     1^0  Ordinance  made  or  passed  by  the  mu- 

required.'''  ""  uicipal  couucil  or  by  the  voters,  as  provided  in  this  act, 
shall  require  the  approval  of  any  court  or  of  the  attorney- 
general,  or  shall  be  required  to  be  published  in  order  to 
become  effective. 

Powers  and  Seotion  31.     Such  powers  of  nomination,  appointment, 

duties  of  niu-  ^  ii'c  i  ra  •    •  £ 

nicipai  council,  confirmation  and  election  for  and  to  otnce  or  position,  oi 
approval  and  consent  to  nominations  and  appointments,  of 
removal  or  suspension  from  office  and  consent  to  removal 
or  suspension  from  office  as  are  now  vested  in  all  or  any, 
the  mayor,  mayor  and  aldermen,  city  council,  board  of 
aldermen  and  common  council  shall  be  exercised  by  the 
municipal  council  by  vote,  and  the  mayor  shall  no  longer 
have  power  to  make  nominations  or  appointments  for  or 


Acts,  1908.  — Chap.  574.  551 

to  office,  or  removals  or  suspensions  therefrom,  but  shall 
have  the  same  right  to  vote  thereon  as  any  other  member 
of  the  municipal  council. 

Section  32.     The  salary  of  the  mayor  shall  be  twenty-  salaries, 
five  hundred  dollars  per  annum,  and  the  salary  of  each 
alderman  eighteen  hundred  dollars  per  annum.     Such  sal- 
aries shall  be  payable  in  equal  monthly  instalments. 

Section  33.    ]S^o  member  of  the  municipal  council  shall,  Members  of 
durino-  the   term   for   which   he   was   chosen,    be   eligible,  council  not  to 

.  .  P  .  hold  certain 

either  by   appointment   or  by   election  of  the   municipal  other  office. 
council,  to  any  other  office  the  salary  of  which  is  payable 
by  the  city,   or  shall,  during  such  term,   hold   any  such 
other  office. 

Section  3-i.  The  school  committee  of  said  city  shall  School 
consist  of  the  mayor  ex  officio,  and  the  four  members  of 
the  school  committee  elected  in  accordance  with  the  provi- 
sions of  this  act.  It  shall  vote  by  yea  and  nay,  when  that 
is  practicable,  and  its  votes  shall  be  entered  on  its  records. 
Three  of  its  members  shall  constitute  a  quorum.  The 
mayor,  when  present,  shall  preside. 

Section  35.     Xo  site  for  a  school  building  shall  be  ac-  to  approve 
quired  by  said  city  unless  the  approval  of  such  site  by  the  ^uM^ni^^^°°^ 
school  committee  is  first  obtained. 

iSi^o  plans  for  the  construction  of  or  alterations  in  a 
school  building  shall  be  accepted,  and  no  work  shall  be 
begun  on  the  construction  or  alteration  of  a  school  build- 
ing, unless  the  approval  of  the  school  committee  therefor 
is  first  obtained.  Xothing  herein  contained  shall  require 
such  approval  for  the  making  of  ordinary  repairs. 

Section  36.     Upon  the  death,  resignation  or  absence  of  By  whom 
the  mayor,  or  upon  his  inability  to  perform  the  duties  of  perfom"etUn^ 
his  office,  the  president  of  the  municipal  council  shall  per-  dis^abimy  of 
form  them,  and  if  he  also  is  absent,  or  unable  from  any  *^^  mayor. 
cause  to  perform  said  duties,  they  shall  be  performed  by 
such  member  of  the  municipal  council  as  it  may  from 
time  to  time  elect,  until  the  mayor  or  president  of  the 
municipal  council  is  able  to  attend  to  said  duties,  or  until 
the  vacancy  is  filled  as  hereinafter  provided.      The  per-  Acting  mayor, 
son  upon  whom  such  duties  devolve  shall  be  called  "  Act- 
ing Mayor  "  and,  except  as  otherwise  provided  in  this  act, 
shall  possess  the  powers  of  mayor  but  only  in  matters  not 
admitting  of  delay. 


552 


Acts,  1908.— Chap.  574. 


Vacancies  in 

municipal 

council. 


Vacancies  in 
school  com- 
mittee. 


Chairman  of 
overseers  of 
the  poor. 

Certain  powers 
and  duties  of 
the  mayor. 


Removal  from 
office. 


Skction  37.  If  there  is  a  vacancy,  by  failure  to  elect 
or  otherwise,  in  the  mnnicipal  conncil,  whether  as  to  the 
mayor  or  one  or  more  aldermen,  the  council  shall,  by  its 
remaining  members,  call  a  special  city  election  to  fill  the 
vacancy  or  vacancies  for  the  unexpired  term  or  terms  re- 
spectively, except  that  if  such  vacancy  or  vacancies  occur 
less  than  four  months  prior  to  the  annual  city  election, 
the  municipal  council  shall,  by  its  remaining  members, 
fill  such  vacancy  or  vacancies  for  the  unexpired  term  or 
terms  respectively.  A  person  elected  to  fill  any  such  va- 
cancy shall,  before  entering  upon  the  duties  of  his  office, 
take  oath  before  the  city  clerk  or  a  justice  of  the  peace 
faithfully  to  perforin  the  same. 

Section  38.  If  there  is  a  vacancy  in  the  school  com- 
mittee, by  failure  to  elect  or  otherwise,  the  municipal 
council  and  the  remaining  members  of  the  school  com- 
mittee shall  meet  in  joint  convention  and  elect  a  suitable 
person  to  fill  such  vacancy  for  the  unexpired  term.  The 
mayor,  if  present,  shall  preside  at  such  convention. 

Section  39.  The  mayor  shall  be,  ex  officio,  chairman 
and  a  member  of  the  board  of  overseers  of  the  poor. 

Section  40.  The  powers  and  duties  of  the  mayor  under 
cha])ter  three  hundred  and  fifty-six  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-eight,  and  chapter  four  hun- 
dred and  ninety-eight  of  the  acts  of  the  year  nineteen 
hundred  and  seven,  shall  be  exercised  and  perfonned  by 
him. 

Section  41.  The  holder  of  any  elective  office  may  be 
removed  at  any  time  by  the  voters  qualified  to  vote  at 
city  elections,  and  the  procedure  to  effect  his  removal  shall 
be  as  follows :  —  A  petition  signed  by  a  number  of  such 
voters  equal  to  at  least  twenty-five  per  cent  of  the  aggre- 
gate number  of  votes  cast  for  candidates  for  mayor  at, the 
last  ])receding  annual  city  election  at  which  a  mayor  was 
elected,  and  demanding  an  election  of  a  successor  of  the 
person  sought  to  be  removed,  shall  be  filed  in  the  office  of 
the  city  clerk.  Such  petition  shall  contain  a  general  state- 
ment of  the  grounds  for  which  tlie  removal  is  sought.  It 
need  not  l)e  on  one  paper,  but  may  consist  of  several  dis- 
tinct papers  each  containing  such  demand,  and  substan- 
tially upon  the  same  grounds;  and  all  papers  containing 
such   demand   and  statement,  which  in  any  one  day  shall 


Acts,  1908.  — Chap.  574.  553 

be  filed  in  tlie  office  of  the  city  clerk,  shall  be  deemed  parts  Removal  from 
of  the  same  petition.  Each  signer  shall  add  to  his  signa-  ° 
tnre  his  place  of  residence,  giving  the  street  and  street 
nnmber,  if  any.  One  signer  of  every  snch  paper  shall 
make  oath  npon  his  information  and  belief  before  a  notary 
pnblic  or  a  jnstice  of  the  peace  that  the  statements  therein 
made  are  trne,  and  that  each  signature  to  such  paper  is 
the  genuine  signature  of  the  person  whose  name  it  pur- 
ports to  be. 

Within  ten  days  after  the  date  of  filing  such  petition 
the  city  clerk,  with  the  assistance  of  the  registrars  of 
voters,  shall  examine  the  iietition  to  ascertain  whether  or 
not  it  is  signed  by  the  requisite  number  of  qualified  voters 
as  above  described,  and  shall  attach  to  said  petition  his 
certificate  showing  the  result  of  his  examination.  If,  from 
the  city  clerk's  certificate,  the  petition  appears  not  to  be 
signed  by  the  requisite  nundier  of  voters,  it  may  be  sup- 
plemented within  ten  days  after  the  date  of  such  certifi- 
cate by  other  papers  signed  and  sworn  to  as  aforesaid,  and 
all  other  papers  containing  a  like  demand  and  statement, 
and  signed  and  sworn  to  as  aforesaid,  which  shall  l)e  filed 
with  the  city  clerk  within  the  said  ten  day-^,  shall  be 
deemed  supplemental  to  the  original  petition. 

The  city  clerk  shall,  within  ten  days  after  such  sup- 
plementation, make  a  like  examination  of  the  amended 
petition,  and  attach  thereto  a  new  certificate,  and,  if  it 
appears  from  such  new  certificate  that  the  petition  is  still 
insufficient  as  to  the  number  of  signers  as  aforesaid,  it 
shall  be  returned  to  the  person  or  persons  filing  the  same, 
without  prejudice,  however,  to  the  filing  of  a  new  peti- 
tion to  the  same  effect. 

If  the  petition,  as  originally  filed  or  as  supplemented, 
shall  be  certified  by  the  city  clerk  to  be  sufficient,  he  shall 
present  the  same  to  the  municipal  council  without  delay, 
and  the  municipal  council  shall  call  the  election  so  de- 
manded, and  shall  fix  a  date  for  holding  the  same,  which 
shall  be  not  less  than  sixty  nor  more  than  seventy  days 
after  the  date  of  the  presentation  of  the  petition  by  the 
city  clerk  to  the  municipal  council.  The  municipal  coun- 
cil shall  make  or  cause  to  be  made  all  arrangements  for 
holding  such  election,  and  the  same  shall  be  held  and  con- 
ducted, returns  thereof  made  and  the  result  thereof  de- 


554 


Acts,  1908.  — Chap.  574. 


removal  from  clared  ill  all  respects  as  in  the  case  of  other  city  elections. 
The  successor  of  any  officer  so  removed  shall  hold  the  office 
during  the  unexpired  term  of  his  predecessor.  Any  per- 
son sought  to  be  removed  may  be  a  candidate  at  such  elec- 
tion, and  unless  he  requests  otherwise  in  writing,  the  city 
clerk  shall  place  his  name  on  the  official  ballots  without 
nomination.  The  candidate  receiving  the  highest  number 
of  votes  shall  be  declared  elected.  If  some  person  other 
than  the  incumbent  receives  the  highest  number  of  votes, 
the  incumbent  shall  thereupon  be  deemed  to  be  removed 
from  the  office.  In  case  a  person,  other  than  the  incum- 
bent, receiving  the  highest  number  of  votes  shall  fail  to 
make  oath  before  the  city  clerk  or  a  justice  of  the  peace, 
within  thirty  days  after  his  election,  faithfully  to  perform 
the  duties  of  the  office,  the  office  shall  be  deemed  vacant. 
If  the  incumbent  receives  the  highest  number  of  votes,  he 
shall  continue  in  office  until  the  end  of  the  term  which  he 
was  serving  at  the  time  of  such  election  unless  sooner  re- 
moved therefrom  by  new  and  like  proceedings.  The  name 
of  no  candidate  other  than  that  of  the  person  sought  to  be 
removed,  shall  be  printed  on  the  official  ballots  to  be  used 
at  such  election,  unless  such  candidate  be  nominated  as 
hereinbefore  provided,  at  a  preliminary  election  for  nom- 
inations. 

Section  42.  If  a  petition,  signed  by  a  number  of  the 
voters  of  said  city,  qualified  to  vote  at  city  elections,  equal 
to  at  least  twenty-five  per  cent  of  the  aggregate  number  of 
votes  cast  for  candidates  for  mayor  at  the  last  preceding 
annual  city  election  at  which  a  mayor  was  elected,  and 
requesting  the  municipal  council  to  pass  an  ordinance 
therein  set  forth  or  referred  to,  shall  be  filed  in  the  office 
of  the  city  clerk,  the  municipal  council  shall,  provided  that 
said  ordinance  be  one  which  the  municipal  council  shall, 
after  this  act  takes  effect,  have  a  legal  right  to  pass,  (a) 
pass  said  ordinance  without  alteration,  within  twenty  days 
after  tlie  attachment  of  the  city  clerk's  certificate  of  suffi- 
ciency to  such  petition,  or  (h)  forthwith,  after  the  expira- 
tion of  twenty  days  after  the  attachment  of  the  said  certifi- 
cate of  sufficiency  to  the  petition,  call  a  special  election, 
unless  an  annual  city  election  is  fixed  within  ninety  days 
after  the  attachment  of  certificate  of  sufficiency,  and  at 
such   special   election,   or  annual  city  election,   if  one   is 


Passing  of 
ordinances  by 
the  voters. 


Acts,  1908.  — Chap.  574.  555 

so  fixed,  submit  such  ordinance  without  alteration  to  the  ^X^^^f^by 
voters  of  the  city  qualified  as  aforesaid.  the  voters. 

If,  however,  a  petition  otherwise  like  the  above  described 
petition,  but  signed  by  a  number  of  such  qualified  voters 
equal  to  at  least  ten  per  cent,  but  less  than  twenty-five  per 
cent  of  the  aggregate  number  of  votes  cast  as  aforesaid  for 
candidates  for  mayor,  shall  be  filed  as  aforesaid,  the  mu- 
nicipal council  shall  (c)  pass  the  ordinance  therein  set 
forth  or  referred  to,  without  alteration,  within  twenty  days 
after  such  attachment  of  certificate  of  sufficiency,  or  (d) 
submit  the  same  to  the  qualified  voters  of  the  city  at  the 
next  annual  city  election. 

The  votes  upon  such  ordinance  at  an  annual  city  elec- 
tion or  a  special  election  shall  be  taken  by  ballot  in  answer 
to  the  question,  ''  Shall  the  ordinance  (stating  the  nature 
of  the  same)  be  passed  ?  ",  which  shall  be  printed  on  the 
ballots  after  the  list  of  candidates,  if  there  be  any.  If  a 
majority  of  the  qualified  voters  voting  on  the  proposed 
ordinance  shall  vote  in  favor  thereof,  it  shall  thereupon 
become  a  valid  and  binding  ordinance  of  the  city ;  and  no 
such  ordinance  passed  as  aforesaid  by  the  municipal  coun- 
cil, upon  petition  as  aforesaid,  or  which  shall  be  adopted 
as  aforesaid  at  any  such  annual  city  election  or  special 
election,  shall  be  repealed  or  amended  except  by  the  quali- 
fied voters  of  the  city  at  an  annual  city  election  or  special 
election. 

Any  number  of  ordinances  requested  by  petition  as 
aforesaid,  may  be  voted  upon  at  the  same  election,  in 
accordance  with  the  provisions  of  this  section,  but  there 
shall  not  be  more  than  one  special  election  in  any  period 
of  six  months  for  that  purjwse. 

The  municipal  council  may  submit  a  proposition  for  the  Repeal  of  or 

-If  IT-  "  r  i,ii  c     amendments 

repeal  oi  any  such  ordinance,  or  lor  amendments  thereoi,  to  ordinances, 
to  be  voted  upon  at  any  succeeding  annual  city  election ; 
and  should  such  proposition  so  submitted  receive  a  majority 
of  the  votes  cast  thereon  at  such  election,  the  ordinance 
shall  thereby  be  repealed  or  amended  accordingly.  The 
votes  upon  such  repeal  or  amendment  at  an  annual  city 
election  shall  l>e  taken  by  ballot  in  answer  to  the  question, 
"  Shall  the  ordinance  (stating  the  nature  of  the  same)  be 
repealed,  or  amended  (stating  the  nature  of  the  amend- 
ment )  '(  ",  which  shall  be  printed  on  the  ballots  after  the 


556  Acts,  1908.  — Chap.  574. 

fmendmems  ^ist  of  Candidates,  if  there  be  any.  Whenever  any  such 
to  ordinances.  ,  n-Ji^jujce  or  |)roposition  is  required  by  this  act  to  be  sub- 
mitted at  any  election  as  afon^said,  the  city  clerk  shall 
cause  the  same  to  be  published  once  in  each  of  the  daily 
newspapers  published  in  said  city;  such  publication  to  be 
not  more  than  twenty  nor  less  than  five  days  before  the 
submission  of  the  ordinance  or  proposition  to  be  voted  on. 
Petitions  under  the  provisions  of  this  section  may  con- 
sist of  one  or  more  distinct  papers.  In  each  of  such  papers 
the  ordinance,  the  passage  of  which  is  requested,  shall  be 
set  forth  or  referred  to,  and  all  such  papers  filed  in  any  one 
day  in  the  olfice  of  the  city  clerk  shall  be  deenied  to  be 
parts  of  the  same  petition.  Such  petitions  shall  be  signed, 
sworn  to  as  to  signatures,  examined,  re-examined,  pre- 
sented to  the  municipal  coimcil,  shall  have  the  city  clerk's 
certificate  of  sufficiency  or  insufticiency  attached  thereto, 
and  may  be  su2:»plemented  in  the  same  manner  as  petitions 
filed  under  section  forty-one. 

Any  ordinance,  passed  imder  the  provisions  of  this  sec- 
tion by  the  municipal  council  upon  j^etition,  or  by  the 
voters,  may  prescribe  such  penalty  for  its  violation  as  the 
iniuiicipal  council,  after  this  act  takes  effect,  shall  have  a 
right  to  affix  to  a  like  ordinance  for  a  breach  thereof. 
Manner  of  pro-       Spxtion  43.      If,   duriug  the  tcu  davs  next  following 

testing   against  „  ,.  ^      ^         ,i  "••i  -i 

the  passage  of  the  passagc  01  an  ordinance  by  the  municipal  council,  a 
l)etition,  signed  by  a  number  of  the  voters  of  said  city, 
(pialified  to  vote  at  city  elections,  equal  to  at  least  twenty- 
five  per  cent  of  the  aggregate  number  of  votes  cast  for 
candidates  for  mayor  at  the  last  preceding  annual  city 
election  at  which  a  mayor  was  elected,  and  protesting 
against  the  passage  of  such  ordinance,  shall  be  filed  in  the 
ofhee  of  the  city  clerk,  such  ordinance  shall  be  suspended 
from  going  into  operation,  and  it  shall  be  the  duty  of  the 
nmnicii)al  council  to  reconsider  the  same,  and  if  it  is  not 
entirely  rejjealed,  the  municipal  council  shall  submit  it, 
as  is  provided  in.  sub-division  (h)  of  section  forty-two,  to 
the  qualified  voters  of  the  city,  and  the  said  ordinance 
shall  not  go  into  effect  or  become  operative  unless  a  ma- 
jority of  the  voters,  qualified  as  aforesaid,  voting  on  the 
same  shall  vote  in  favor  thereof.  The  votes  u])on  such 
ordinance  at  an  annual  city  election  or  a  sjx^cial  election 
shall  be  taken  bv  balhtt  in  answer  to  the  (piestion,  "  Sliall 


ordinances. 


Acts,  1908.  — Chap.  574.  557 

tho  ordinance  (stating  the  natnre  of  the  same)  take 
effect  ?  ",  which  shall  be  printed  on  the  ballots  after  the 
list  of  candidates,  if  there  be  any. 

Petitions  nnder  the  provisions  of  this  section  may  con- 
sist of  one  or  more  distinct  papers.  In  each  of  such  papers 
the  ordinance,  the  passage  of  which  is  protested,  shall  be 
set  forth  or  referred  to,  and  all  such  papers  filed  in  any 
one  day  shall  be  deemed  to  be  parts  of  the  same  petition. 
Such  petitions  shall  be  signed,  sworn  to  as  to  signatures, 
examined,  re-examined,  presented  to  the  municipal  coun- 
cil, shall  have  the  city  clerk's  certificate  of  sufficiency  or 
insufficiency  attached  thereto,  and  may  be  supplemented 
in  the  same  manner  as  i^etitions  filed  under  section  forty- 
one. 

Section  44.     It  shall  not  be  necessary  for  the  validity  validity  of 
of  any  petition  or  statement  provided  for  or  required  by  '^•s"^'"re,  etc. 
the  provisions  of  this  act  that  any  signer  thereof  add  to 
his  signature   any  residence  other  than  the  name  of  the 
street,  and  street  number,  if  there  be  any,   at  which  he 
resides  at  the  time  of  signing. 

Section  45.  All  acts  and  parts  of  acts  inconsistent  Repeal, 
with  this  act  are  hereby  repealed:  provided,  however,  that  Provisos, 
such  repeal  shall  not  affect  any  act  done,  or  any  right  ac- 
cruing or  accrued  or  established,  or  any  suit  or  proceeding 
had  or  begun  in  any  civil  case  before- the  time  when  such 
repeal  takes  effect,  and  that  no  offences  committed  and  no 
penalty  or  forfeitures  incurred  nnder  the  acts  or  parts  of 
acts  hereby  repealed  shall  be  affected  by  such  repeal ;  and 
provided,  also,  that  all  persons  who  at  the  time  said  repeal 
takes  effect  shall  hold  any  office  under  said  acts  shall  con- 
tinue to  hold  the  same  according  to  the  tenure  thereof, 
excej^t  as  is  otherwise  provided  herein,  and  provided,  also, 
that  all  by-laws  and  ordinances  of  the  city  of  Haverhill 
in  force  at  the  time  when  said  repeal  takes  effect,  and  not 
inconsistent  with  the  provisions  of  this  act,  shall  continue 
in  force  until  the  same  are  repealed  or  amended,  and  all 
officers  elected  nnder  such  by-laws  and  ordinances  shall 
continue  in  office  according  to  the  tenure  thereof,  except 
as  is  otherwise  provided  herein. 

Section  46.     Petitions,  addressed  to  the  board  of  alder-  snedai 
men  and  signed  by  qualified  voters  of  the  city,  requesting  '''Section, 
that  a  special  election  be  held  at  which  this  act  shall  be 


55S 


Acts,  1908.  — (;hai>.  574. 


Special 
election. 


When  to  take 
effect. 


All  general 
laws  to  apply. 


Acceptance. 


subniitted  to  the  qualitied  voters  of  said  city,  may  be  filed 
in  the  oflice  of  the  city  clerlv  at  any  time  on  or  before  the 
fifteenth  day  of  August  in  the  year  nineteen  hundred  and 
eight.  Each  signer  of  any  such  petition  shall  add  to  his 
signature  the  name  of  the  street  in  which  he  resides,  at 
the  time  of  signing,  and  the  street  number,  if  there  be  any. 
Such  petition  need  not  be  sworn  to.  Within  the  five  days 
next  after  said  fifteenth  day  of  August,  the  city  clerk, 
with  the  assistance  of  the  registrars  of  voters,  shall  exam- 
ine the  petitions  so  filed,  and  ascertain  the  aggregate  num- 
ber of  qualified  voters  of  the  city  who  have  signed  the 
same,  and  he  shall  forthwith  present  the  same  to  the  board 
of  aldermen  with  his  certificate  setting  forth  the  aggregate 
number  of  qualified  voters  of  the  city  who  have  so  signed. 
If  it  shall  appear  from  said  certificate  that  such  aggregate 
number  is  at  least  fifteen  hundred,  the  board  of  aldermen 
shall  forthwith  call  a  special  election  to  be  held  on  the 
first  Tuesday  of  October  in  the  year  nineteen  hundred  and 
eight,  at  which  special  election  this  act  shall  be  submitted 
to  the  qualified  voters  of  the  city. 

This  act  shall  take  effect,  as  hereinafter  provided,  upon 
its  acceptance  by  a  majority  of  the  voters  present  and 
voting  thereon  at  said  special  election.  The  vote  shall  be 
taken  by  ballot  in  answer  to  the  question,  ''  Shall  an  act 
passed  by  the  general  court  in  the  year  nineteen  hundred 
and  eight,  entitled  '  An  Act  to  Amend  the  Charter  of  the 
City  of  Haverhill '  be  accepted  ?  ",  which  shall  be  printed 
on  the  official  ballots. 

Except  in  so  far  as  the  same  may  be  inconsistent  with 
the  provisions  of  this  section,  all  general  laAvs  governing, 
and  applicable  to,  a  special  election  of  a  city  officer,  shall 
govern  and  apply  to  the  special  election  at  which  this  act 
shall  be  submitted  as  aforesaid. 

If  this  act  shall  so  be  accepted,  it  shall  take  effect  upon 
its  acceptance  for  the  annual  city  election  to  be  held  on  the 
Tuesday  next  following  the  first  IMonday  of  December  in 
the  year  nineteen  hundred  and  eight,  for  the  preliminary 
election  for  nominations,  to  be  held,  under  the  provisions 
of  this  act,  on  the  third  Tuesday  preceding  the  aforesaid 
annual  city  election,  for  the  statements  of  candidates  and 
petitions  accompanying  statements  of  candidates  to  be  filed 
by  persons  whose  names  are  to  be  printed  on  the  official 


Acts,  1908.  — Chap.  575.  559 

ballots  to  be  used  at  suck  preliminary  election  for  nomina- 
tions, and  for  all  things  which  appertain  and  relate  to  said 
annual  city  election,  preliminary  election  for  nominations, 
statements  of  candidates  and  petitions  accompanying  state- 
ments of  candidates ;  and,  except  as  provided  in  the  fol- 
lowing section,  it  shall  take  effect  for  all  other  purposes 
at  ten  o'clock  in  the  forenoon  on  the  first  ^Monday  of  Jan- 
uary in  the  year  nineteen  hundred  and  nine. 

Section  47.     So  much  of  this  act  as  authorizes  the  sub-  when  to  take 
mission  of  the  question  of  its  acceptance  to  the  qualified 
voters  of  said  city  shall  take  effect  upon  its  passage. 

Approved  June  3,  1908. 


effect. 


Chap.515 


An  xVct  in  further  addition  to  an  act  making  appro- 
priations FOR  SUNDRY  MISCELLANEOUS  EXPENSES  AU- 
THORIZED DURING  THE  PRESENT  YEAR  AND  FOR  CERTAIN 
OTHER   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  commonwealth  *'°"*' 
from  the  ordinary  revenue,  except  as  herein  otherwise  pro- 
vided, for  the  purposes  specified,  to  wit :  ■ — 

For  the  Lowell  textile  school,  as  authorized  by  chapter  Uoweii  textile 
eighty-seven  of  the  resolves  of  the  present  year,  the  sum  '-^''""'■ 
of  thirty-five  thousand  dollars. 

To  provide  for  additional  equipment  for  the  Lowell  tex-  same  subject, 
tile  school,   as  authorized  by  chapter  eighty-eight  of  the 
resolves  of  the  present  year,  the  sum  of  twelve  thousand 
seven  hundred  and  fifty  dollars. 

For  the  Bradford  Durfee  Textile  School  of  Fall  Eiver,  Bradford 
as  authorized  by  chapter  eighty-nine  of  the  resolves  of  the  sc>oi  Jflaif 
present  year,  the  sum  of  ten  thousand  dollars.  ^'''^'"• 

To  provide  for  certain  repairs  and  improvements  at  the  Massachu.setts 
Massachusetts  Agricultural  College,  as  authorized  by  chap-  coUeg"'*"'"''^ 
ter  ninety-one  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  fifty  thousand  dollars. 

To  provide  for  certain  improvements  at  the  Massachu-  Massachusetts 
setts  state  sanatorium,   as  authorized  by  chapter  ninety- 
three  of  the  resolves  of  the  present  year,  a  sum  not  ex- 
ceeding twenty  thousand  dollars. 


state  sana- 
torium. 


560 


Acts,  1908.  — Chap.  575. 


Premiums  on 
certain  bonds. 


Forest  land. 


Stenographer, 
detective 
department, 
district  police. 


Corporation 
clerk  in  secre- 
tary's office. 


Assistant  mes- 
senger, execu- 
tive depart- 
ment. 


Clerk,  execu- 
tive depart- 
ment. 


Engro.ssing 
clerk  in  sec- 
retary's office. 


Tabulation 
of  social 
statistics. 


Second  vol- 
ume of  report 
of  a  capital 
trial. 


To  provide  for  reiiiilmrsing  certain  officials  for  preini- 
nins  paid  for  procuring  sureties  on  their  bonds,  as  author- 
ized by  chapter  four  hundred  and  sixty-nine  of  the  acts 
of  the  present  year,  a  sum  not  exceeding  one  thousand 
dollars. 

To  provide  for  the  purchase  of  forest  land  for  reforesta- 
tion, as  authorized  by  chapter  four  hundrtMl  and  seventy- 
eight  of  the  acts  of  the  present  year,  a  sum  not  exceeding 
five  thousand  dollars. 

For  an  additional  stenographer  in  the  detective  depart- 
ment of  the  district  police,  as  authorized  by  chapter  four 
liundred  and  seventy-nine  of  the  acts  of  the  present  year, 
a  sum  not  exceeding  four  hundred  and  sixty-seven  dollars. 

For  the  salary  of  the  present  corporation  clerk  in  the 
office  of  the  secretary  of  the  commonwealth,  as  authorized 
by  chapter  four  hundred  and  ninety-six  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  three  hundred  and  sixty- 
seven  dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  this  purpose. 

For  the  salary  of  the  assistant  messenger  of  the  execu- 
tive department,  as  authorized  by  chapter  four  hundred 
and  ninety-seven  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  one  hundred  and  eighty-four  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appropriated 
for  this  purpose. 

For  the  salary  of  a  clerk  in  the  executive  department, 
as  authorized  by  chapter  five  hundred  and  seven  of  the 
acts  of  the  present  year,  a  simi  not  exceeding  six  hundred 
and  sixty-eight  dollars. 

For  the  salary  of  the  present  engrossing  clerk  in  the 
office  of  the  secretary  of  the  commonwealth,  as  authorized 
by  chapter  five  hundred  and  eight  of  the  acts  of  the  pres- 
ent year,  a  sum  not  exceeding  one  hundred  and  eighty-four 
dollars,  the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  this  purpose. 

For  the  tabulation  of  certain  social  statistics  gathered 
l)y  the  decennial  census  of  the  year  nineteen  hundred  and 
five,  as  authorized  by  chapter  five  hundred  and  seventeen 
of  the  acts  of  the  present  year,  a  sum  not  exceeding  ten 
thousand  dollars. 

To  provide  for  the  expense  of  publishing  the  second  vol- 
ume of  the  report  of  the  trial  of  Charles  L.  Tucker,  as 


Acts,  1908.  — Chap.  57G.  561 

authorized  by  chapter  ninety-four  of  ^the  resolves  of  the 
present  year,  the  sum  of  twenty-four  hundred  thirty  dol- 
lars and  two  cents. 

To  provide  further  for  the  improvement  of  Annisquam  Annisquam 
river,  as  authorized  by  chapter  ninety-five  of  the  resolves 
of  the  present  year,  the  sum  of  fifty-three  hundred  eighty- 
one  dollars  and  fifteen  cents. 

To  provide  for  extending  the  stone  breakwater  in  Vine-  Breakwater  in 
yard  Haven  harbor,  as  authorized  by  chapter  five  hundred  Haven  harbor. 
and  twenty-six  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  ten  thousand  dollars. 

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

Approved  June  3,  1908. 

An  Act  to  incoepokate  the  magnolia  whakf  corpo-  (JJiqj)  575 

RATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Charles  S.  Penhallow,  Horace  B.  Stanton  MagnoUa 
and  Joseph  Sargent,  Junior,  their  associates  and  sueces-  ration  incor° 
sors,  are  hereby  made  a  corporation  under  the  name  of  p°''^'^^'^- 
Magnolia  Wharf  Corporation.     Said  corporation  shall  be 
subject   to   the    provisions   of   chapter   four   hundred    and 
thirty-seven  of  the  acts  of  the  year  nineteen  hundred  and 
three  and  of  acts  in  addition  to  and  in  amendment  thereof, 
so  far  as  the  same  are  consistent  with  the  provisions  of 
this  act. 

Section  2.      Said  Magnolia  Wharf  Corporation  shall  M^y  construct 

I  I'l  1  •  •  1  1  '^'^     maintain 

have  the  right  to  construct  and  maintain  on  the  public  a  public 
landing  in  that  part  of  Gloucester  known  as  Magnolia  a 
wharf  or  pier,  not  more  than  eight  feet  wide,  and  extend- 
ing from  above  high  water  mark  to  a  point  not  exceeding 
sixty  feet  below  and  outside  of  mean  low  water  mark,  and 
may  maintain  a  floating  landing  stage  at  the  end  thereof. 
The  centre  line  of  said  wharf  or  pier  shall  be  a  line  drawn 
in  a  westerly  direction  in  extension  of  the  present  division 
line  between  land  of  W.  R.  ISTelson  and  land  of  H.  F. 
MacDonald. 

Section  3.     Said  corporation  shall,  subject  to  the  pro-  Harbor  and 
visions  of  this  act,  construct  said  wharf  or  pier  in  such  mLionSsto 
manner  as  the  harbor  and  land  commissioners  shall  ap-  struc'tion!''"'" 
prove. 


562 


Acts,  1908.  — Chap.  577. 


Rules  and 
regulations. 


Provisos. 


Rights  to 
cease  in  ten 
years. 

AVhen  to  take 
effect. 


Section  4.  Said  corporation  may  establish  such  rules 
and  regulations  for  the  use  of  said  wharf  or  pier  as  will 
not  interfere  with  the  use  of  the  same  bv  the  public  for 
pleasure,  and  as  the  harbor  and  land  commissioners  shall 
from  time  to  time  approve.  The  public  shall  be  entitled 
to  use  said  wharf  or  pier  without  charge,  for  the  purpose 
of  landing  from  or  going  to  boats  used  for  pleasure:  pro- 
vided, that  said  corporation  may  exclude  from  said  wharf 
or  pier,  and  forbid  the  use  thereof  by,  any  person  or  per- 
sons refusing  to  comply  with  the  rules  and  regulations 
established  as  herein  provided,  when  requested  to  do  so; 
and  provided,  further,  that  no  boat  exceeding  thirty  feet 
in  extreme  length  shall  land  at  said  wharf  or  pier. 

Section  5.  All  rights  hereunder  shall  cease  at  the  ex- 
piration of  ten  years  from  the  passage  hereof. 

Section  6.  This  act  shall  take  effect  upon  its  passage, 
but  shall  be  void  unless  the  said  wharf  is  constructed 
within  two  years  after  the  passage  of  this  act. 

Approved  June  3,  1908. 


Chapmi 


Construction 
of  approach  to 
new  bridge 
over  tlie 
Merrimac 
river,  etc. 


Expenses  of 
construction. 


Statement  of 
cost  to  be 
filed,  etc. 


An  Act  to  authorize  the  county  commissioners  of 

THE  county  of  ESSEX  TO  CONSTRUCT  A  SUITABLE  AP- 
PROACH TO  THE  NEW  BRIDGE  OVER  THE  MERRIMAC  RIVER 
IN  HAVERHILL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  the  county 
of  Essex  are  hereby  authorized  and  directed  to  construct 
a  suitable  approach  to  the  new  bridge  over  the  Merrimac 
river  in  the  Bradford  district,  so-called,  in  the  city  of 
Haverhill. 

Section  2.  To  meet  the  expenses  incurred  under  this 
act  the  said  county  commissioners  are  hereby  authorized 
to  borrow  on  the  credit  of  the  said  county  a  sum  not  ex- 
ceeding sixty  thousand  dollars  to  carry  out  said  construc- 
tion, and  to  pay  the  cost  of  any  land  damages  in  connec- 
tion with  the  same. 

Section  3.  Upon  the  completion  of  said  approach  said 
county  commissioners  shall  file  in  the  office  of  the  clerk 
of  courts  for  the  county  of  Essex  a  detailed  statement, 
certified  under  their  hands,  of  the  actual  cost  of  tlio  ap- 
proach, and  ^\athin  three  months  after  the  filing  of  the 


Acts,  1908.  — Chap.  577.  563 

said  statement,  they  shall,  after  such  notice  as  they  deem 
proper,  and  a  hearing,  apportion  and  assess  upon  the  city 
of  Haverhill  sixty  per  cent  of  the  expense  of  constructing 
the  ap2:)roach,  together  with  land  damages,  as  they  may 
deem  just  and  reasonable.  Said  commissioners  shall  file 
in  the  office  of  the  clerk  of  courts  of  said  county  a  report 
of  such  apportionment,  and  the  clerk  shall  transmit  a  true 
and  attested  copy  thereof  to  the  mayor  of  the  city  of 
Haverhill ;  and  said  city  shall  pay  its  proportion  of  said 
expense,  determined  by  said  commissioners  as  aforesaid, 
into  the  treasury  of  the  county  of  Essex,  in  such  manner 
and  within  such  time  as  the  county  commissioners  may 
direct ;  and  if  the  said  city  shall  neglect  or  refuse  to  pay 
its  proportion  required  as  aforesaid,  the  said  commission- 
ers shall,  after  notice  to  the  city,  issue  a  warrant  against 
the  city  for  its  proportion,  determined  as  aforesaid,  with 
interest  and  the  costs  of  the  notice  and  warrant,  and  the 
same  shall  be  collected  and  paid  into  the  treasury  of  the 
county,  to  be  applied  in  payment  of  the  expense  aforesaid.  , 

Section  4.  For  the  foregoing  pur]>ose  the  city  of  HaveThiu  may 
Haverhill  is  herebv  authorized  to  issue  from  time  to  time  '?"^  bonds, 
bonds  bearing  interest  payable  semi-annually  at  a  rate  not 
exceeding  four  per  cent  per  annum,  and  payable  within 
such  periods  as  the  city  council  shall  from  time  to  time 
determine.  Except  as  otherwise  provided  herein,  such 
bonds  shall  be  issued  in  accordance  with  the  provisions  of 
chapter  twenty-seven  of  the  Revised  Laws  and  of  all  acts 
in  amendment  thereof  and  in  addition  thereto,  but  they 
shall  not  be  reckoned  in  determining  the  statutory  limit  of 
indebtedness  of  the  said  city. 

Section  5.  The  said  county  commissioners  are  hereby  Lands,  etc., 
autliorized  to  take  or  purchase  the  lands,  rights  or  ease-  "aken'^etc. 
ments  which  may  be  required  to  carry  out  the  purposes  of 
this  act ;  but  in  order  to  acquire,  otherwise  than  by  pur- 
chase, they  shall  first  record  in  the  registry  of  deeds  for 
the  southern  district  of  the  county  of  Essex  a  statement 
containing  a  description  of  the  lands  or  rights  taken,  and 
shall  file  a  plan  of  the  same  in  said  registry.  They  shall 
award  such  damages  to  persons  interested  in  the  premises 
or  rights  taken  as  are  assessed  in  the  case  of  lands  taken 
for  laying  out  highways ;  and  any  person  aggrieved  thereby 
may  proceed  in  the  same  manner  as  in  the  case  of  land 


564 


Acts,  1908.  — Chap.  578. 


taken  for  laying  out  highways,  within  one  year  after  the 
filing  of  said  statement ;  but  in  no  event  shall  interest  be 
recovered  against  the  county  for  more  than  four  per  cent 
per  annum. 

Sectiois"  G.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  S,  1908. 


The  city  of 
AVoburn  may 
take  water 
supplies,  etc. 


Chap.57S  A^  Act  to  authorize  the  city  of  wobuka"  to  make  aa" 

ADDITIONAL  WATEK  LOA^^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Wobuni,  for  the  purposes  men- 
tioned in  chapter  three  hundred  and  seven  of  the  acts  of 
the  year  eighteen  hundred  and  seventy-one,  entitled  "  An 
Act  to  supply  the  tovm  of  Woburn  with  pure  water  ",  and 
for  enlarging  and  improving  its  system  of  water  supply 
and  installing  new  meters,  may  take  by  purchase  or  other- 
wise and  hold  the  waters  of  any  pond  or  stream  or  of  any 
ground  sources  of  supply  by  means  of  driven,  artesian  or 
other  wells  within  the  limits  of  the  city,  and  the  water 
rights  connected  with  any  such  water  sources,  and  may 
also  take  by  purchase  or  otherwise  and  hold  all  lands, 
rights  of  way  and  easements  necessary  for  collecting,  stor- 
ing, holding,  purifying  and  preserving  the  purity  of  the 
water  and  for  conveying  the  same  to  any  part  of  said  city : 
provided,  however,  that  no  source  of  water  supply  and  no 
lands  necessary  for  preserving  the  quality  of  such  water 
shall  be  taken  or  acquired  without  first  obtaining  the  ad- 
vice and  approval  of  the  state  board  of  health,  and  that 
the  location  of  all  dams,  reservoirs  and  wells  to  be  used 
as  sources  of  water  supply  under  this  act  shall  be  subject 
to  the  approval  of  said  board. 

Said  city  may  construct  on  the  lands  taken  or  acquired 
and  held  under  the  provisions  of  this  act  proper  dams, 
reservoirs,  standpipes,  tanks,  buildings,  fixtures  and  other 
structures,  and  may  make  excavations,  procure  and  oper- 
ate nuichincry  and  provide  such  other  means  and  appli- 
ances and  do  such  other  things  as  may  be  necessary  for 
the  establishment  and  maintenance  of  complete  and  effect- 
ive water  works;  and  for  that  pur]X)sc  may  construct 
Avells  and  reservoirs  and  establish  pumping  works  and  may 
construct,  lay  and  maintain  aqueducts,  conduits,  pipes  and 


Proviso. 


May  construct 
dams,  reser- 
voirs, etc. 


Acts,  1908.  — Chap.  578.  565 

other  works  under  or  over  any  land,  water  courses,  rail- 
roads, railways  and  public  or  other  ways,  and  along  such 
ways  in  said  city  in  such  manner  as  not  unnecessarily  to 
obstruct  the  same;  and  for  the  purpose  of  constructing, 
laying,  maintaining,  operating  and  repairing  such  con- 
duits, pipes  and  other  works,  and  for  all  proper  purjwses 
of  this  act,  said  city  may  dig  up  or  raise  and  embank  any 
such  lands,  highways  or  other  ways  in  such  manner  as  to 
cause  the  least  hindrance  to  public  travel  on  such  ways. 
Said  city  shall  not  enter  upon,  construct  or  lay  any  con- 
duits, pipes  or  other  works  within  the  location  of  any  rail- 
road cori)oration,  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. 

Section  2.     Said  citv,  for  the  purposes  named  in  this  Wobum  Water 

I  1111  •  Loan,  Act  of 

act  and  m  said  chapter  three  hundred  and  seven,  may  issue  i908. 
from  time  to  time  bonds,  notes  or  scrip  to  an  amount  not 
exceeding  fifty  thousand  dollars  in  addition  to  the  amounts 
heretofore  authorized  by  law  to  be  issued  by  the  town  or 
city  of  Woburn  for  water  works  purposes.  Such  bonds, 
notes  or  scrip  shall  bear  on  their  face  the  words,  Woburn 
Water  Loan,  Act  of  1008;  shall  be  payable  at  the  expira- 
tion of  periods  not  exceeding  twenty  years  from  the  dates  of 
issue;  shall  bear  interest  payable  semi-annually  at  a  rate  not 
exceeding  five  per  cent  per  annum ;  and  shall  be  signed  by 
the  treasurer  and  countersigned  by  the  mayor  of  said  city. 
Said  city  may  sell  such  securities  at  public  or  private  sale, 
or  pledge  the  same  for  money  borrowed  for  the  purposes 
of  this  act,  upon  such  terms  and  conditions  as  it  may  deem 
proper :  provided,  that  such  securities  shall  not  be  sold  for  Proviso, 
less  than  the  par  value  thereof. 

Section  3.  Said  city  shall,  at  the  time  of  authorizing  Payment  of 
said  loan,  provide  for  the  payment  thereof  in  such  annual 
payments,  as  nearly  equal  in  amount  as  practicable,  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  income  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  or  scrip  issued  as  aforesaid  by  said  city,  and  to  make 
such  payments  on  the  principal  as  may  be  required  under 


566 


Acts,  1908.  — Chaps.  579,  580. 


the  provisions  of  this  act  shall,  without  further  vote,  be 
assessed  and  collected  by  said  city  in  each  year  thereafter 
in  a  manner  similar  to  that  in  which  other  taxes  are 
assessed,  until  the  debt  iiicurre<l  by  said  loan  is  extiii- 
<>-uished. 

Si'X'Tiox  4.     This  act  shall  take  efi'ect  u}M)n  its  passage. 

Approved  June  S,  1908. 


ChapJyJ^  '^N  Act  to  extend  the   jurisdictio'N  of  tiik    iiARiiou 

MASTER  FOB  THE  POUT  OF  BOSTON. 

He  it  enacted,  etc.,  as  follows: 

harbormaster        Section  1.     The  jurisdiction  of  tlic  harbor  master  for 
of  the  port  of    fjig  po^t  of  Boston  is  hereby  extended  so  as  to  include  all 

Boston  ex-  i  •/        „      _ 

the  waters  of  Boston  harbor,  Quincy  bay,  Ilingham  bay. 
Broad  sound  and  other  waters  lying  within  a  line  drawn 
from  Point  Allerton  north-northeast,  through  Point  Aller- 
ton  beacon  to  Gretm  island;  thence  to  Winthrop  highlands. 
Section  2.     This  act  shall  take  effect  u|X)n  its  passage. 

Approved  June  3,  1908. 


tended. 


Chap.^SO  An  Act  to  incorporate  the  frencu  kin(i  rapids  power 

COMPANY. 

Be  it  enacted,  etc.,  as  fnJloivs: 

Ral^ids  Pmv^er  Section  1.  Philip  Youug,  Ileurv  I.  Ilarriman,  Joseph 
cor"orated""  ^^-  r*^**^>ctor,  Juuior,  and  their  associates  may,  under  the 
provisions  of  chapter  one  hundred  and  ten  of  the  Revised 
Laws,  associate  themselves  and  organize  a  corporation 
under  the  name  of  French  King  Eapids  Power  Company 
for  the  purposes  hereinafter  mentioned. 

Section  2.  Said  company  may,  for  the  purpose  of 
creating  a  water  power,  construct,  maintain  and  use  a  dam 
across  the  Connecticut  river  between  a  point  in  the  town 
of  Gill  on  the  west  bank  and  some  point  or  points  in  the 
to\\Ti  of  Xorthfield  or  in  the  town  of  Erving  on  the  east 
bank,  with  the  necessary  power  houses,  wings,  retaining 
walls,  canals  and  appurtenances,  subject  to  the  provisions 
of  chapters  ninety-six  and  one  hundred  and  ninety-six  of 
the  Revised  Laws,  and  of  all  other  general  laws  relative 
thereto  and  not  inconsistent  herewith.  The  construction 
of  the  said  dam  shall  not  be  begun  until  the  said  company 


May  construct 
a  dam  across 
the  Connecti- 
cut river,  etc. 


Acts,  1908.  — Chai>.  580.  567 


has  obtained  the  approval  of  the  harbor  and  Land  commis- 
sioners reqnired  by  section  sixteen  of  chapter  ninety-six 
of  the  Kevised  Laws,  and  the  said  commissioners  shall  not 
approve  any  plans  in  which  the  crest  of  said  dam  is  more 
than  twelve  feet  above  the  nornial  elevation  of  the  water 
at  the  place  where  it  is  erected,  or  in  which  said  dam  is  so 
constructed  that,  at  all  times,  at  high  water  its  spillway 
may  be  lowered  to  an  elevation  of  not  more  than  four  feet 
above  sncli  normal  elevation. 

Section  3.     The  said  dam  shall  be  so  nsed  and  operated  Use  an.i 

i  operation  of 

that  substantially  the  same  amount  of  water  shall  How  ii^'"- 
down  the  river  into  the  millpond  of  the  Turners  Falls 
Company  during  every  twenty-four  hours  as  would  have 
flowed  down  if  the  said  dam  had  not  been  built,  and  it 
shall  be  so  used  and  operated  for  the  storage  of  water  and 
the  regulation  of  the  flow  that  the  water  which  flows  into 
the  millpond  of  said  .dam  during  every  twenty-four  li(^urs 
shall  flow  down  into  the  millpond  of  the  Turners  Falls 
Company,  as  nearly  as  possible,  in  equal  quantities  during 
every  hour  of  the  twenty-four:  provided,  however,  that  no  Proviso, 
irregularity  or  inequality  of  flow  shall  be  deemed  a  viola- 
tion of  the  provisions  of  this  section  if,  in  spite  of  such 
irregularity  or  inequality,  and  while  the  same  continues, 
the  millpond  of  the  Turners  Falls  Company  is  kept  sub- 
stantially full  to  the  top  of  the  dam,  and  the  flashboards 
are  maintained  at  their  present  height  or  heights,  or  at  the 
height  or  heights  hereinafter  provided  for.  Said  French 
King  Rapids  Power  Company,  or  its  successors  or  assigns, 
shall  be  liable  to  the  Turners  Falls  Company,  or  its  suc- 
cessors or  assigns,  for  all  damages  caused  to  the  Turners 
Falls  Company,  or  its  successors  or  assigns,  by  any  failure 
to  comply  with  the  provisions  of  this  section,  the  same  to 
be  recovered  in  an  action  of  tort,  and  the  superior  court 
shall  also  have  jurisdiction  in  equity  on  the  petition  of  the 
Turners  Falls  Company,  or  of  its  successors  or  assigns,  to 
enforce  the  said  provisions. 

Section  4.     ^NTothing  herein  contained  shall  afl^ect  the  certain  exist- 
existing  right  of  the  Turners  Falls  Company  to  raise  its  agecteli!^  ""* 
present  dam,  or  to  build  any  new  dam  or  dams  in  place 
thereof,  to  a  height  of  not  more  than  two  feet  above  the 
height  of  the  present  dam  of  said  Turners  Falls  Company, 
or  the  additional  right  of  said  Turners  Falls  Company  to 


568 


Acts,  1908.  — Chap.  580. 


Alay  furnish 
electricity,  etc. 


To  be  subject 
to  general 
laws,  etc. 


-May  furnish 
electricity  in 
certain  cities 
and  towns  in 
Worcester 
county. 


erect  flasliboards  on  its  present  dam,  or  on  any  dam  here- 
after erected  by  it,  to  a  heiglit  of  not  more  than  three  feet 
six  inches  above  the  height  of  its  present  dam.  The  crest 
of  the  present  dam  shall,  for  the  purposes  of  this  act,  be 
considered  to  be  on  a  level  with  the  Francis  Base,  so- 
called,  at  Turners  Falls.  The  said  Turners  Falls  Com- 
})any,  or  its  successors  or  assigns,  shall  not  be  liable  for 
any  damages  that  may  be  caused  to  the  dam,  power,  or 
property  of  the  said  French  King  Kapids  Power  Com- 
])any,  or  its  successors  or  assigns,  by  reason  of  maintain- 
ing the  said  dam  or  dams  and  flashboards  of  the  said 
Turners  Falls  Company  at  the  height  or  heights  above 
set  forth. 

Section  5.  Said  company  is  hereby  authorized  to  con- 
vert the  power  generated  at  said  dam  into  electricity  and 
to  transmit,  sell  and  distribute  the  same  in  tlie  towns  above 
named  and  in  any  cities  or  towns  in  the  county  of  Worces- 
ter, for  the  purposes  and  subject  to  the  limitations  and 
restrictions  hereinafter  expressed,  upon  receiving  the  ap- 
proval of  the  selectmen  of  any  such  town  or  of  the  mayor 
and  aldermen  of  any  such  city. 

Section  6.  Said  company  shall  w^itli  respect  to  gener- 
ating, transmitting,  selling  and  distributing  electricity,  ex- 
cept as  otherwise  provided  herein,  be  subject  to  all  general 
laws,  including  sections  twenty-six  and  twenty-seven  of 
chapter  one  hundred  and  twenty-one  of  the  Revised  Laws, 
now  or  hereafter  in  force  applicable  to  the  manufacture, 
transmission  or  sale  of  electricity  for  power. 

Section  7.  Said  company  may,  subject  to  the  provi- 
sions of  this  act,  furnish  in  the  cities  and  towns  above 
named  or  designated,  electricity  for  mechanical,  manufac- 
turing, railroad  and  railway  purposes,  and  may  furnish  to 
municipalities  and  companies  in  the  county  of  "Worcester 
now  or  hereafter  engaged  in  the  business  of  furnishing 
electricity  for  light,  heat  or  power,  electricity  for  use  or 
sale  for  any  purpose;  but  in  the  cities  of  Worcester  and 
Fitchburg  and  in  the  towns  of  Leominster  and  Clinton 
said  coMi])auy  shall  not  supply  electricity  for  any  purpose 
to  any  customers  except  railroads  and  railways,  whose 
motors  and  apparatus  connected  for  use  shall  be  of  an 
agijregate  rated  capacity  of  less  than  three  hundred  elec- 
trical horse  power,  and  whose  annual  consumption  shall  be 


Acts,  1908.  — Chap.  580.  569 

less  than  four  bundred  and  fifty  thousand  horse  power 
hours  per  year.  Said  company  shall  not  engage  directly 
or  indirectly  in  furnishing  electricity  for  use  for  light, 
heat  or  power  except  as  aforesaid;  and  all  sales  of  elec- 
tricity, and  all  contracts  therefor  made  by  said  company, 
except  as  hereinbefore  provided,  shall  be  upon  the  express 
condition  that  no  purchaser  of  electricity  from  said  com- 
pany shall  resell  the  same  or  any  part  thereof;  but  any 
purchaser  of  electricity  may  upon  his  own  premises  and 
for  his  own  exclusive  use  utilize  not  more  than  twenty 
per  cent  thereof  at  any  time  for  lighting  as  incidental  to 
the  use  of  the  larger  part  thereof  for  power.  Said  com- 
pany shall  furnish  from  time  to  time,  such  information 
to  the  board  of  gas  and  electric  light  commissioners  as  said 
board  may  require. 

Sectio:n-  8.     The  mayor  and  aldermen  of  cities  and  the  cities  and 
selectmen  of  towns,  respectively,  may  regulate,  restrict  and  re^u'iatTacts 
control  all  acts  and  doings  of  the  company  hereby  incor-  poratlo'i?.'^' 
porated  which  may  in  any  manner  affect  the  health,  safety, 
convenience  or  property  of  the  inhabitants  of  their  respec- 
tive cities  or  towns.     Any  person  or  corjX)ration  aggrieved 
by  any  such   action  may,   within   thirty   days  thereafter, 
appeal  to  the  board  of  gas  and  electric  light  commissioners, 
who  may  annul,  confirm,  modify  or  change  the  regulations 
and  restrictions  imposed  by  the  local  authorities,  and  whose 
decision  shall  be  final. 

Section  9.      Unless  the  said  company  shall  build  its  Authority  to 
dam  under  the  provisions  of  this  act  within  five  years  after  c"ase  aft™r'five 
its  passage,  all  rights  to  build  a  dam  granted  hereby  shall  ^®'^''®'  ^^''' 
cease. 

Section  10.     The  right  to  distribute  and  sell  electricity  Authority  to 
under  the  provisions  of  this  act  shall  cease  at  the  end  of  eiecu-icity  to 
ten  years  after  the  passage  of  this  act  in  any  city  or  town,  years.^etc!^  *^" 
except  the  towns  of  Gill,  JSTorthfield  and  Erving,  in  which 
said  company  shall  not  have  entered  upon  the  supply  and 
sale  of  electricity  for  power  in  accordance  with  the  terms 
hereof. 

Section   11.      In   addition  to  the   jurisdiction  herein-  jurisdiction  of 
before  conferred,   the   supreme   judicial   court  or  the   su-  <=°"'"*^'  ^**'- 
]3erior  court   shall  have  jurisdiction  in  equity,   upon  the 
application  of  the  board  of  gas  and  electric  light  commis- 
sioners, to  compel  the  observance  and  to  restrain  the  viola- 


570 


Acts,  1908.  — Chap.  581. 


tion  of  the  provisions  of  this  act  aud  of  the  general  laws 
relating  to  said  company,  of  the  conditions  of  sale  required 
by  section  seven,  and  of  all  lawful  orders  aud  decisions, 
terms,  limitations  and  restrictions  made  or  ijuposed  by 
said  board  or  by  the  mayor  and  aldermen  of  a  city  or  the 
selectmen  of  a  town  in  pursuance  here(jf. 

Section  12;     This  act  shall  take  effect  upon  its  passage. 

Approved  June  3,  1908. 

Clt02:).5Sl  A]sr  Act  makinci  appeopriatioxs  for  salaries  axd  ex- 
penses IN  THE  OFFICE  OF  THE  INSURANCE  COMMIS- 
SIONER. 

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  fiscal  year  ending  on  the  thirtieth  day  of  Xovcmber, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  salary  of  the  insurance  commissioner,  five  thou- 
sand dollars. 

For  the  salary  of  the  deputy  insurance  commissioner, 
thirty-five  hundred  dollars. 

For  the  salary  of  the  examiner  in  the  insurance  de])art- 
ment,  three  thousand  dollars. 

For  the  salary  of  the  actuary  in  the  insurance  depart- 
ment, two  thousand  dollars. 

For  the  salary  of  the  chief  clerk  in  the  insurance  de- 
partment, two  thousand  dollars. 

For  the  salary  of  the  third  clerk  in  the  insurance  de- 
partment, twelve  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  thirty-five  thousand 
eight  hundred  and  fifty  dollars. 
Expenses.  Yov  incidental  and  contingent  expenses  of  the  insurance 

commissioner,  a  sum  not  exceeding  thirteen  thousand  dol- 
lars. 
Annual  report.       Yov  ])riiitiug  aud  l)inding  the  annual  re]K)rt  of  the  in- 
surance commissioner,  a  sum  not  exceeding  fifty-eight  hun- 
dred dollars. 

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

Approved  June  3,  190S. 


Appropria- 
tions. 


Insurance 
commissioner. 

Deputy. 
Examiner. 
Actuary. 
Chief  clerk. 
Tliini  clerk. 


Additional 
clerk,  etc. 


Acts,  1908.  — Chaps.  582,  583.  571 


An  Act  to  authorize  the  metropolitan  water  and  (J]i(^y>  582 
sewerage  board  to  restore  the  east  boston  sewer- 
age pumping  station  and  to  erect  other  buildings. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  sum  of  forty  thousand  dollars  is  hereby  Appropriation 

T  1  •  1  ,      '  c    J 1         ,  J"    ii  ^'"'  restoring 

ap]iropriated,  to  be  paid  out  of  the  treasury  of  the  corn-  the  East 
inonwealth  from  the  Metropolitan  Sewerage  Maintenance  g^&pnm^ul 
Fund,  IS^orth  System,  for  the  restoration  of  the  East  Bos- 
ton sewerage  puni])ing  station  and  its  equipment,  recently 
damaged  by  fire. 

Section  2.    The  metropolitan  water  and  sewerage  board  ^eipt^' ma^y  be 
is  hereby  authorized  to  use  any  money  reeeiv^ed  from  the 
sale  of  land  in  East  Boston  to  The  Standard  Oil  Company 
of  New  York,  for  the  purchase  of  land  and  the  erection 
of  stable  and  locker  buildings  thereon. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  Jf,  190S. 


used. 


Chap.^m 


An  Act  relative  to  the  disposition  of  confiscated 

weapons. 

Be  it  enacted,  etc.,  as  follows: 

Section  two  of  chapter  three  hundred  and  fifty  of  the  igos,  350,  §  2, 
acts   of  the  year   nineteen   hundred   and   eight   is   hereby  '""*'"''' 
amended  by  adding  at  the  end  thereof  the  words :  —  Any 
pistol,  revolver  or  other  weapon  or  article  so  confiscated 
shall,  by  the  authority  of  the  written  order  of  the  court  or 
trial  justice,  be  forwarded  by  common  carrier  to  the  chief 
of  the  district  police,  who,  upon  receipt  of  the  same,  shall 
notify  said  court  or  justice  thereof.     Said  officer  may  sell 
or  destroy  the  same,  and,  in  case  of  a  sale,  after  paying 
the  cost  of  forwarding  the  article,  he  shall  pay  over  the 
net  proceeds  to  the  treasurer  and  receiver  general,  —  so  as 
to  read  as  follows :  —  Section  2.     Whenever  any  person  is  weapon,  etc., 
convicted  of  carrying  a  pistol,  revolver  or  other  weapon  fisca^ed°"etc. 
or  article  contrary  to  the  provisions  of  section  two  of  said 
chapter  one  hundred  and  seventy-two,  the  weapon  or  article 
so  carried  by  him  shall  be  confiscated  to  the  use  of  the 
commonwealth.     Any  pistol,  revolver  or  other  weapon  or 
article  so  confiscated  shall,  by  the  authority  of  the  written 
order  of  the  court  or  trial  justice,  be  forwarded  by  com- 


572 


Acts,  1908.  —  Chaps.  5S4:,  5S5. 


Appropria- 
tions. 


Massachusetts 
nautical  train- 
ing school. 


Expenses. 


inon  carrier  to  the  chief  of  the  district  police,  who,  upon 
receipt  of  the  same,  shall  iiotify  said  court  or  justice 
thereof.  Said  officer  may  sell  or  destroy  the  same,  and,  in 
case  of  a  sale,  after  paying  the  cost  of  forwarding  the 
article,  he  shall  pay  over  the  net  proceeds  to  the  treasurer 
and  receiver  general.  Approved  June  Jf,  1908. 

ChapS)S4i  An  Act  making  appkopriations  for  the  expenses  of 

THE    MASSACHUSETTS    NAUTICAL    TR.\INING    SCHOOL. 

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  fiscal  year  ending  on  the  thirtieth  day  of  Kovember, 
nineteen  hundred  and  eight,  to  wit :  — 

For  the  current  expenses  of  the  Massachusetts  nautical 
training  school,  a  sum  not  exceeding  fifty-three  thousand 
dollars. 

For  the  necessary  expenses  of  the  commissioners,  includ- 
ing the  salary  of  the  secretary,  clerical  services,  printing, 
stationery,  contingent  expenses,  and  printing  and  binding 
the  annual  report,  a  sum  not  exceeding  three  thousand 
dollars. 

Section  2.     This  act  shall  take  efi^ect  upon  its  passage. 

Approved  June  J/.,  1908. 

Chap.5S5  An  Act  relative  to  the  improvement  of  green  har- 
bor IN   THE  TOWN   OF   MARSIIFIELD. 

Be  it  enacted,  etc.,  as  follows: 

The  board  of  harbor  and  land  commissioners  aud  the 
state  board  of  health,  acting  jointly,  are  hereby  authorized 
and  directed  to  cause  an  examination  to  be  made  of  Green 
Harbor  in  the  town  of  Marshfield,  and  of  the  dam  and 
dike  constructed  across  Green  Flarbor  river  under  the  pro- 
visions of  chapter  three  hundred  and  three  of  the  acts  of 
the  year  eighteen  hundred  and  seventy-one,  and  of  the 
marshes  above  and  below  said  dike,  in  order  to  determine 
what  improvement  can  be  made  in  said  harbor  by  the 
removal,  in  whole  or  in  part,  of  said  dike,  or  by  the  plac- 
ing of  sufficient  tide  gates  therein,  or  otherwise;  and  after 
such  examination,  and  after  such  other  inquiry  as  said 
joint  board  may  see  fit  to  make,  it  shall  report  in  full  to 


Improvement 
of  Green 
Harbor  in 
the  town  of 
Marshfield. 


Acts,  1908.  — Chaps.  586,  587.  573 

the  next  general  court,  with  any  recommendations  which 
it  may  deem  proper,  looking  to  the  restoration  of  Green 
Harbor,  substantially  to  the  condition  in  which  it  was 
before  the  construction  of  said  dike.  The  said  joint  board 
is  authorized  to  report  in  print  with  plans. 

Approved  June  Jf,  1908. 


An  Act  relative  to  the  publishing  of  reports  of  (JJiap.5S6 

CAPITAL  TRIALS  BY  THE  ATTORNEY-GENERAL. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Section  eight  of  chapter  seven  of  the  lie-  R.  l.  7  §  8. 
vised  Laws  is  hereby  amended  by  inserting  after  the  word 
*'  publish  ",  in  the  seventh  line,  the  word :  —  such,  —  and 
by  striking  out  the  words  "  at  an  expense  not  exceeding 
fifteen  hundred  dollars  in  any  one  year  ",  in  the  eighth 
and  ninth  lines,  and  inserting  in  place  thereof  the  words: 
—  as  he'  deems  expedient  for  public  use,  —  so  as  to  read 
as  follows :  —  Section  8.  He  shall  annually  report  to  the  Annual  report 
general  court  the  cases  tried,  argued  or  conducted  by  him  capitlftriak" 
during  the  preceding  year,  with  suggestions  and  recom- 
mendations as  to  the  amendment  and  the  proper  and 
economical  administration  of  the  laws.  He  shall  include 
therein  a  statement  of  his  acts  under  the  preceding  section 
with  suggestions  and  recommendations  relative  thereto. 
He  may,  with  the  approval  of  the  governor  and  council, 
prepare  and  publish  such  reports  of  capital  trials  as  he 
deems  expedient  for  ]iul)lic  use.  One  copy  shall  be  sent 
to  each  public  and  law  library  in  the  commonwealth,  and 
the  balance  may  be  sold,  or  otherwise  disposed  of,  at  the 
discretion  of  the  secretary  of  the  commonwealth. 

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

Approved  June  Jf,  1008. 

An  Act  relative  to  the  compensation  of  employees  f^j^f^j)  K^^ 
OF  the  city  of  boston. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Chapter  two  hundred  and  ten  of  the  acts  igos,  210, 
of  the  year  nineteen  hundred  and  eight  is  hereby  amended  '^™^" 
by  adding  thereto  the  following  new  section :  —  Section  5.  Employees  of 

.         9        ,   .  ^  .  .  the  city  of 

Nothing  in  this  act  shall  be  construed  as  making  it  unlaw-  Boston. 
ful  to  certify  as  days  of  employment  holidays,  half-holi- 


574 


Acts,  1908.  — Chap.  588. 


days  or  vacation,  authorized  hy  the  mayor  and  city  coun- 
cil, although  no  labor  or  services  are  performed  thereon. 
Sectiox  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  5,  1908. 


The  city  of 
Brockton  may 
supply  water 
to  a  part  of 
the  town  of 
East  Bridge- 
water. 


Laying  of 
pipes,  etc. 


Chap.oSS  -^^  ^^CT  TO  AUTHOKIZE  THE  TOWN  OF  EAST  BKIDGEWATEK 
TO  PROVIDE  A  WATER  SUPPLY  FOR  THE  VILLAGE  OF 
BEAVER  IN  SAID  TOWN  AND  TO  SUPPLY  WATER  TO  A  PART 
OF   THE   TOWN    OF   WEST   BRIDGEWATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  East  Bridgcwater  is  hereby 
authorized  to  contract  with  the  city  of  Brockton  for  a 
supply  of  water  for  that  part  of  said  town  kno'VAii  as 
Beaver,  to  be  used  for  the  extinguishment  of  fires  and  for 
domestic,  manufacturing  and  other  purposes,  upon  such 
terms  and  conditions  as  may  be  agreed  upon  by  said  city 
and  town. 

Section  2.  Said  town,  upon  the  conclusion  of  a  con- 
tract with  said  city  under  authority  hereof  may  lay  a  pipe 
in  Plain  street  in  the  town  of  West  Bridgcwater  from  the 
boundary  line  between  the  town  of  West  Bridgcwater  and 
the  city  of  Brockton  to  the  junction  of  Plain  street  and 
Summer  street  in  the  town  of  East  Bridgcwater;  a  pipe 
in  Summer  street  to  the  junction  of  Summer  street  and 
Elm  street ;  and  a  pipe  in  Belmont  street  from  Plain  street 
to  Summer  street  in  said  town ;  may  supply  water  for  do- 
mestic, manufacturing  and  other  purposes  to  any  building 
or  structure  along  said  streets;  may  establish  foimtains 
and  hydrants  and  relocate  or  discontinue  the  same,  and 
may  regulate  the  use  of  such  water  and  fix  and  collect 
rates  to  be  paid  therefor.  Said  town  may  establish  foun- 
tains and  hydrants  along  Plain  street  in  the  town  of  West 
Bridgcwater,  and  maintain  the  same  upon  such  terms  and 
conditions  as  may  be  agreed  ujion  by  said  towns,  and  may 
supply  water  to  the  inhabitants  of  said  town  of  West 
Bridgcwater  living  on  said  street,  and  may  charge  for  the 
same  upon  the  same  basis  as  that  upon  which  charges  are 
based  for  the  use  of  water  within  the  to^vn  of  East  Bridge- 
water. 

Section  3.  The  town  of  East  Bridgcwater  shall  keep 
a  separate  account  of  the  construction  expenses  incurred 


Separate 
accounts  of 
construction 


Acts,  1908.  — Chap.  588.  575 

under  this  act  witliiu  the  town  of  West  Brida-ewater,  which  expenses  to  be 

K6t!)t     etc 

account  shall  be  open  to  the  selectmen  or  any  committee 
appointed  for  that  purpose  by  that  town ;  and  the  town  of 
West  Bridgewater  shall  have  the  right  at  any  time  to  take 
or  purchase  the  property  and  all  the  rights  and  privileges 
of  the  town  of  East  Bridgewater  within  the  town  of  W^est 
Bridgewater  held  under  the  provisions  of  this  act,  on  pay- 
ment to  said  town  of  East  Bridgewater  of  the  actual  cost 
of  its  said  j^roperty,  rights  and  privileges. 

Section  4.     The  city  of  Brockton  shall  measure  as  ac-  Measurement 
curately  as  possible  all  water  delivered  into  any  pipes  laid  '^  "^^  ""^'  ^  ^' 
under  the  authority  of  this  act,  shall  keep  a  record  thereof 
and  shall  furnish  an  acccurate  copy  of  said  record  to  the 
selectmen  of  the  town  of  East  Bridgewater   as  often  as 
once  in  every  three  months. 

Sectioiv^  5.     All  water  sold  or  supplied  by  the  town  of  j^efiv^ered  ^^ 
East  Bridgewater  from  mains  laid  under  the  authority  of  through 

Til  ■  1        meters. 

this  act,  except  water  supi>lied  tlirough  hydrants  for  the 
extinguishment  of  fires,  shall  be  delivered  through  meters, 
and  observations  of  the  amount  registered  by  each  meter 
shall  be  made  as  often  as  once  in  three  months,  and  a 
record  thereof  shall  be  kept  by  said  town. 

Section  6.     The  town  of  East  Bridgewater  may  con-  Construction 
struct,  lay  and  maintain  its  pipes  or  conduits  under  and  nanc"^of"  ^ 
over  any  railroad,  railway,  public  or  other  way  and  along  alTits,' etc!' 
such  wavs  in  the  town  of  East  Bridgewater  and  in  that 
part  of  the  town  of  West  Bridgewater  designated  in  sec- 
tion two  of  this  act,  in  such  manner  as  not  unnecessarily 
to  obstruct  the  same ;  and  for  the  purpose  of  constructing, 
laying,  maintaining,  operating  and  repairing  such  conduits, 
pijjes  and  other  works  and  for  all  proj^er  purposes  of  this 
act,  said  town  may  dig  up  or  raise  and  embank  any  such 
lands,  highways  or  other  ways  in  such  manner,  as  to  cause 
the  least  hindrance  to  public  travel  on  such  ways :  provided,  Proviso. 
however,  that  the  town  of  East  Bridgewater  shall  not  enter 
uix>n  and  dig  up,  raise  and  embank  any  public  ways  in 
the  town  of  West  Bridgewater  except  with  the  consent  of 
the  selectmen  of  that  town,  and  the  town  of  East  Bridge- 
water  shall  restore  to  the  satisfaction  of  the  selectmen  of 
the  town  of  West  Bridgewater  the  public  ways  dug  up  or 
otherwise  disturbed  in  said  town,  and  shall  pay  all  dam- 
ages sustained  by  any  person  in  consequence  of  any  act 


576 


Acts,  1908.  —  Ciiai>.  588. 


Damages. 


Town  of  East 
Bridgewater, 
Water  Loan. 


Sale  of 
securities. 


Proviso. 


or  neglect  ujDon  the  part  uf  the  town  of  East  Bridgewater, 
its  agents  or  employees,  in  digging  up  or  otherwise  dis- 
turbing any  lands  or  public  or  private  ways  wnthin  the 
town  of  West  Bridgewater.  The  to^^^l  of  East  Bridge- 
water  shall  not  enter  ujxju,  construct  or  lay  any  conduits, 
pipes  or  other  works  within  the  location  of  any  railroad 
or  railway  corporation,  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. 

Section  1.  The  town  of  East  Bridgewater  shall  pay 
all  damages  to  property  sustained  by  any  person  or  corpo- 
ration by  anything  done  by  said  town  under  authority  of 
this  act.  Any  person  or  corporation  sustaining  damages 
as  aforesaid,  and  failing  to  agree  wdth  said  towm  as  to  the 
amount  thereof,  nuiy  have  the  same  determined  in  the 
manner  provided  by  law  in  the  case  of  land  taken  for  the 
laying  out  of  highways,  on  application  at  any  time  within 
the  period  of  two  years  after  the  doing  of  any  injury 
under  authority  of  this  act;  but  no  such  application  shall 
be  made  after  the  expiration  of  said  two  years. 

Section  8.  Said  town,  for  the  purpose  of  paying  the 
necessary  expenses  and  liabilities  incurred  under  the  pro- 
visions of  this  act,  may  issue  from  time  to  time  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  twelve  thousand 
dollars.  Such  bonds,  notes  or  scrip  shall  bear  on  their 
face  the  words,  Tow^n  of  East  Bridgewater,  Water  Loan; 
shall  be  payable  in  sums  of  one  thousand  dollars  a  year 
in  every  year  after  that  in  which  the  water  is  supplied  to 
Beaver  under  authority  of  this  act;  shall  bear  interest 
payable  semi-annually  at  a  rate  not  exceeding  five  per 
cent  per  annum;  and  shall  be  signed  by  the  treasurer  of 
the  town  and  countersigned  by  the  selectmen.  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  terms  and  conditions  as  it  may  deem  proper: 
provided,  that  such  securities  shall  not  be  sold  for  less 
than  the  par  value  thereof.  The  action  of  the  town  at  its 
annual  meeting  in  March,  nineteen  hundred  and  eight, 
authorizing  its  treasurer,  with  the  approval  of  the  select- 
men, to  borrow  a  simi  of  money  not  exceeding  twelve  thou- 
sand dollars  for  the  purpose  of  laying  water  pipes  and 


Acts,  1908.  — Chap.  588.  577 

supplying  water  to  the  village  of  Beaver,  is  hereby  rati- 
fied and  confirmed,  and  the  treasurer  and  selectmen  are 
hereby  authorized  to  issue  bonds,  notes  or  scrip  for  the 
purpose  aforesaid,  to  the  amount  herein  specified  without 
further  vote  of  the  town.  The  assessors  of  said  town  shall 
without  further  vote  assess  in  each  year  after  the  introduc- 
tion of  water  into  Beaver,  as  provided  in  this  act,  a  sum 
which,  with  any  income  derived  from  water  rates,  will  be 
sufiicient  to  pay  the  annual  expense  of  operating  the  water 
works  and  the  interest  as  it  accrues  on  the  bonds,  notes  or 
scrip  issued  as  aforesaid  by  said  town  under  authority  of 
this  act,  and  to  make  such  payments  on  the  principal  as 
may  be  required  by  the  provisions  of  this  act,  in  the  same 
manner  in  which  other  taxes  are  assessed,  until  the  debt 
incurred  by  said  loan  is  extinguished. 

Section  9.  All  the  authority  granted  to  said  town  by  Authority 
this  act  and  not  otherwise  specifically  provided  for  shall  seiectoen,  etc. 
be  vested  in  the  selectmen  who  shall,  however,  in  matters 
relating  to  any  water  works  constructed  under  the  author- 
ity of  this  act,  be  subject  to  such  instructions,  rules  and 
regulations  as  said  town  may  impose  by  its  vote.  The 
selectmen  shall  fix  just  and  equitable  prices  and  rates  for 
the  use  of  water,  and  shall  prescribe  the  time  and  manner 
of  payment.  The  income  of  the  water  works  shall  be  used 
to  defray  all  operating  expenses,  interest  charges  and  pay- 
ments on  principal  ak  they  accrue  upon  any  bonds,  notes 
or  scrip  issued  under  authority  of  this  act.  If  there  should 
be  a  net  surplus  remaining  after  providing  for  the  afore- 
said charges  the  water  rates  shall  be  reduced  proportion- 
ately. The  selectmen  shall  annually,  and  as  often  as  the 
town  may  require,  render  a  report  of  the  condition  of  the 
works  under  their  charge,  and  an  account  of  their  doings, 
including  an  account  of  receipts  and  expenditures. 

Section  10.  This  act  shall  take  effect  upon  its  accept-  when  to  take 
ance  by  a  majority  of  the  voters  of  the  to^vn  of  East 
Bridgewater  present  and  voting  thereon  at  any  regular 
town  meeting  or  at  any  special  town  meeting  called  for 
the  purpose  within  one  year  after  its  passage,  but  the 
number  of  special  meetings  so  called  shall  not  exceed  two ; 
and  for  the  pur]X)se  of  being  submitted  to  the  voters  as 
aforesaid  this  act  shall  take  effect  upon  its  passage. 

Approved  June  5,  1908. 


578 


Acts,  1908.  — Chap.  589. 


Chap.5SQ  An  iVcT  TO  provide  ior  the  payment  of  pensions  to 

TEACHERS    IN    THE    PUBLIC    DAY    SCHOOLS    OF    THE    CITY 
OF   BOSTON. 


Payment  of 
pensions  to 
the  public 
school  teachers 
of  the  city  of 
Boston. 


Care  and  in- 
vestment of 
pension  fund, 
etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  school  committee  of  the  city  of  Bos- 
ton shall  forthwith  establish  a  permanent  school  j^ension 
fund  for  the  payment  of  pensions  as  hereinafter  set  forth 
to  the  members  of  the  teaching  or  snpervising  staff  of  the 
public  day  schools  of  the  said  city  at  a  rate  not  exceeding 
one  hundred  and  eighty  dollars  a  year. 

Section  2.  The  care  and  investment  of  said  fund  and 
of  any  gifts  or  legacies  thereto  are  hereby  vested  in  a 
board  of  three  trustees,  of  whom  one  shall  be  the  chair- 
man of  the  board  of  commissioners  of  sinking  funds  of 
the  city  of  Boston,  ex  officio,  and  another  shall  be  chosen 
by  said  school  committee,  and  the  third  shall  be  chosen 
by  the  board  of  trustees  of  the  Teachers'  Retirement  Fund 
in  the  city  of  Boston,  established  under  the  provisions  of 
chapter  two  hundred  and  ihirty-seven  of  the  acts  of  the 
year  nineteen  hundred.  The  said  trustees  shall  serve  with- 
out comj>ensation.  At  the  first  regular  meeting  of  the 
school  committee  of  the  city  of  Boston,  after  the  adoption 
of  this  act,  and  in  each  fifth  year  thereafter,  at  one  of  the 
regular  J  une  meetings,  or  at  some  subsequent  regular  meet- 
ing of  the  said  committee,  it  shall  elect  one  member  of  the 
said  board  of  trustees  who  shall  hold  office  for  the  term  of 
five  years  beginning  with  the  first  day  of  July  in  the  year 
of  his  election.  The  board  of  trustees  of  the  said  Teach- 
ers' Retirement  Fund  shall  elect  one  of  the  trustees  of  the 
said  permanent  school  pension  fund  for  the  term  of  four 
years  beginning  with  the  first  day  of  July  of  the  current 
year,  and  shall,  at  the  expiration  of  such  term  and  in  each 
fifth  year  thereafter,  elect  a  member  of  said  board  of  trus- 
tees for  the  term  of  five  years  beginning  with  the  first  day 
of  July  in  the  year  of  his  election.  Every  such  trustee 
shall  subscribe,  in  a  book  kept  for  that  purjwse  in  the  office 
of  the  city  clerk  in  said  city,  a  statement  that  he  accepts 
the  said  office  subject  to  the  provisions  of  this  act,  and  any 
elected  member  of  said  board  of  trustees  whose  term  of 
office  has  expired  shall  continue  to  serve  as  a  member  of 


Acts,  1908.  — Chap.  589.  579 

said  board  until  his  successor  is  duly  elected  and  qualified. 
In  case  of  a  vacancy  in  the  elected  members  of  said  board 
of  trustees  by  reason  of  death,  resignation  or  other  cause, 
the  body  which  elected  the  person  whose  place  thus  be- 
comes vacant  shall  fill  the  vacancy  by  an  election  for  the 
unexpired  term. 

Section  3.  Said  board  of  trustees  shall  have  charg-e  Board  of  trus- 
and  control  of  said  j>ermanent  school  i)ension  fund  and  of  charge  of  fund, 
all  amounts  contriljutcd  thereto,  and  shall  invest  and  re-  ^  *^' 
invest  the  same  in  securities  in  which  the  funds  of  savings 
banks  in  the  commonwealth  of  Massachusetts  may  by  law 
be  invested,  excepting  personal  securities,  and  said  trus- 
tees may,  from  time  to  time,  sell  such  securities  and  shall 
invest  and  reinvest  the  proceeds  thereof,  and  any  and  all 
unappropriated  income  of  said  pension  fund.  The  city 
treasurer  of  said  city  shall  be  the  custodian  of  all  securi- 
ties and  money  belonging  to  the  said  permanent  school 
pension  fund  and  shall  be  resjwnsible  for  the  safe  custody 
thereof;  shall,  whenever  any  of  such  securities  are  sold 
by  the  said  trustees  for  the  purpose  of  reinvestment,  de- 
liver the  securities  so  sold  upon  receiving  the  proceeds 
thereof;  shall,  on  such  conditions  and  at  such  rates  of 
interest  as  the  trustees  may  approve,  deposit  temporarily 
in  national  banks  doing  business  in  Boston,  or  in  trust 
companies  organized  under  the  laws  of  this  commonwealth 
and  doing  a  banking  business  in  Boston,  any  money  be- 
longing to  said  fund  which,  in  the  opinion  of  the  said 
trustees,  it  is  inexpedient  for  the  time  being  to  invest  in 
securities  authorized  by  this  act ;  and  shall  forthwith  in- 
vest any  money  belonging  to  said  pension  fund  in  such 
securities  authorized  by  this  act  as  the  said  trustees  may 
direct,  and  upon  such  terms  as  they  may  specify.  The  Record  of  pro- 
said  trustees  shall  keep  a  record  of  their  proceedings,  and  kept, 
shall  annually  on  the  first  day  of  February,  or  as  soon 
thereafter  as  may  be,  make  a  written  report  to  the  school 
committee  of  the  amount  and  condition  of  said  fund  and 
of  the  income  thereof  for  the  preceding  municipal  financial 
year,  as  established  from  time  to  time  by  said  city.  Their 
records  and  the  securities  belonging  to  said  fund  shall  at 
all  times  be  subject  to  the  inspection  of  the  school  com- 
mittee. The  secretary  of  the  school  committee  shall  be 
the  secretary  of  the  said  board  of  trustees  and  shall  have 


580 


Acts,  1908.  — Chap.  589. 


Appropria- 
tions for  pen- 
sion fund,  etc. 


R.  L.  12,  §  54, 

amended. 


Rate  of  taxa- 
tion in  cities. 


the  custody  of  all  records,  doeimieiits  and  papers  belonging 
to  them.  The  expense  of  such  additional  clerical  assist- 
ance as  may  be  needed  in  the  office  of  said  secretary  for 
the  {)nr]K)ses  of  this  act  shall  be  paid  from  the  annual  ap- 
l)ropriations  for  the  exjx>nses  hereinafter  provided  for. 

Section  4.  In  addition  to  the  amount  which  the  school 
committee  is  now  authorized  by  law  to  appropriate  for 
the  support  of  the  public  schools  of  the  city,  and  for  other 
purposes,  it  shall  annually  appropriate  for  the  purposes 
contemplated  by  this  act,  and  in  the  same  manner  in  which 
it  makes  appropriations  for  other  school  purposes,  the  sum 
of  five  cents  upon  each  one  thousand  dollars  of  the  valua- 
tion on  which  the  appropriations  of  the  city  council  of  the 
city  are  based,  and  shall  from  time  to  time  pay  to  the 
treasurer  of  the  permanent  pension  fund  such  portions  of 
the  proceeds  of  said  five  cents  upon  each  one  thousand 
dollars  of  the  valuation  aforesaid  as,  in  the  opinion  of  the 
school  committee,  will  not  be  needed  for  the  purpose  of 
paying  pensions  to  teachers  during  that  year. 

Section  5.  Section  fifty-four  of  chapter  twelve  of  the 
Revised  Laws  is  hereby  amended  by  striking  out  the  words 
"  ten  and  one  half  dollars  ",  in  the  twentieth  line,  and  in- 
serting in  place  thereof  the  words :  —  ten  dollars  and  fifty- 
five  cents,  —  so  as  to  read  as  follows :  —  Section  5 J/..  The 
taxes  assessed  on  property  exclusive  of  the  state  tax,  county 
tax  and  sums  required  by  law  to  be  raised  on  account  of 
the  city  debt  shall  not  in  any  year  exceed  twelve  dollars 
in  any  city  on  every  one  thousand  dollars  of  the  assessors' 
valuation  of  the  taxable  property  therein  for  the  preced- 
ing year,  said  valuation  being  first  reduced  by  the  amount 
of  all  abatements  allowed  thereon  previous  to  the  thirty- 
first  day  of  December  in  the  year  preceding  said  assess- 
ment, subject  to  the  following  provisions :  —  If  the  city 
council  of  a  city  which  contains  less  than  one  hundred  thou- 
sand inhabitants  according  to  the  last  preceding  national 
or  state  census  so  determines,  the  average  of  the  assessors' 
valuation  of  the  taxable  property  therein  for  the  preced- 
ing three  years,  said  valuation  for  each  year  being  first 
reduced  by  the  amount  of  all  abatements  allowed  thereon 
previous  to  the  thirty-first  day  of  December  in  the  year 
preceding  said  assessment,  shall  be  used  to  determine  said 
limit  of  taxation  instead  of  said  assessors'  valuation  of  the 


Acts,  1908.  — Chap.  589.  581 

preceding  year.  In  the  city  of  Boston,  and  in  all  cities 
which  contain  one  hnndred  thousand  inhabitants  or  more 
according  to  the  census  aforesaid,  said  average  shall  be  so 
used.  In  the  city  of  Boston,  said  taxes  shall  not  exceed 
ten  dollars  and  fifty-five  cents  instead  of  twelve  dollars  as 
aforesaid.  Any  order  or  appropriation  requiring  a  larger 
assessment  than  is  herein  limited  shall  be  void.  The  pro- 
visions of  this  section  shall  not  affect  any  existing  exemp- 
tion from  the  operation  of  the  corresponding  provisions  of 
earlier  laws. 

Section  6.     The  total  amount  of  pensions  payable  here-  Limit  of 
under  in  any  one  year  shall  not  exceed  the  proceeds  of  the  ^"ns^'to  be''^"' 
said  five  cents  upon  each  one  thousand  dollars  of  the  valua-  ^^^'^' 
tion  aforesaid,  together  with  the  income  accruing  during 
that  year  from  the  investment  of  the  permanent  pension 
fund. 

Section  7.     The  school  committee  of  said  city,  by  a  Certain  school 

c       -ii        f     •  1  .  .   \  teachers  may 

majority  vote  of  all  oi  its  members,  may  retire  witii  a  be  retired,  etc. 
pension  any  member  of  the  teaching  or  supervising  staff 
of  the  public  day  schools  of  the  city  of  Boston  who,  in  the 
opinion  of  said  committee,  is  mentally  or  physically  in- 
capacitated for  further  efficient  service,  subject  however 
to  the  limitations  hereinafter  set  forth.  If  the  person  so 
retired  has  attained  the  age  of  sixty-five  years  or  has  been 
engaged  in  teaching  or  supervising  in  the  public  day 
schools  for  a  period  aggregating  thirty  years,  twenty  of 
which  shall  have  been  in  the  public  day  schools  of  the  city 
of  Boston,  such  person  shall  be  paid  a  pension  at  the  rate 
of  one  hundred  and  eighty  dollars  per  annum.  If  a  per- 
son so  retired  shall  be  less  than  sixty-five  years  of  age  and 
shall  have  been  engaged  in  teaching  or  supervising  in  the 
public  day  schools  in  Boston  and  elsewhere  for  a  period 
aggregating  less  than  thirty  years,  the  annual  pension  paid 
to  such  person  shall  be  such  percentage  of  one  hundred  and 
eighty  dollars  as  the  total  number  of  years  of  service  of 
such  person  is  of  thirty  years :  provided,  however,  that  if  Proviso, 
the  annual  pension  of  such  person  so  determined  shall  be 
a  larger  percentage  of  one  hundred  and  eighty  dollars  than 
the  number  of  years  which  such  person  has  taught  in  the 
public  day  schools  in  the  city  of  Boston  is  of  twenty  years, 
then  the  annual  pension  paid  to  such  person  shall  be  such 
percentage  of  one  hundred  and  eighty  dollars  as  that  per- 


582 


Acts,  1908.  — Chap.  590. 


Proviso. 


Repeal. 


When  to  take 
effect. 


son's  length  of  service  in  the  public  day  schools  of  said 
city  is  of  twenty  years ;  and  provided,  further,  that  the 
pension  of  any  teacher  retired  under  the  ])rovisions  of  this 
act  shall  terminate  if  and  wlu>u,  in  the  judgment  of  the 
school  committee,  the  jx^rson's  incapacity  shall  have  ceased. 
In  determining  the  aggregate  length  of  service  of  any  per- 
son retired  in  accordance  witli  the  provisions  of  this  act 
any  period  of  leave  of  absence  under  salary  shall  be  con- 
sidered as  equivalent  to  an  equal  amount  of  actual  teacli- 
ing  service.  The  city  treasurer  of  the  city  shall  pay  pen- 
sions to  teachers  retired  under  this  act  in  accordance  with 
monthly  payrolls  prepared  and  cert i  tied  to  by  the  school 
conmiittee. 

Sp:ction  8.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 

Section  9.  This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council  of  the  city  of  Boston,  with  the 
approval  by  the  mayor. 

{The  foregoing  was  laid  before  the  Lieutermnt  Gov- 
ernor, Acting  Governor,  on  the  twenty-ninth  day  of  May, 
1908,  and  after  five  days  it  had  "  the  force  of  a  law  " ,  as 
prescribed  by  the  Constitution,  as  it  was  not  returned  by 
him  with  ]iis  objections  thereto  witJrin  that  time.) 


Chap.ijQO  -^^  Act  to  codify,  kevise  and  amend  the  laws  rela- 
tive TO  SAVINGS  BANKS  AND  INSTITUTIONS  FOR  SAVINGS. 

Be  it  enacted,  etc.,  as  folJoivs: 

PART  I.  —  SUPERVISIOTvT. 


DEFINITIONS. 


Definitions. 


Section  1.  In  sections  two  to  fifteen,  inclusive,  of 
this  act,  unless  the  context  otherwise  requires,  the  word 
"  bank  "  means  a  savings  bank,  co-operative  bank,  trust 
company  or  any  other  person,  partnership,  association  or 
cor])oration  incorporated  or  doing  a  banking  business  in 
this  commonwealth  which  is  subject  to  the  supervision  of 
the  bank  commissioner. 
R.  L.  113,  §  10.  Wlien(n'er  used  in  this  act,  the  words  "  savings  banks  ", 
and,  unless  the  context  otherwise  recpiires,  the  words  "^  such 
corporation  ",  mean  savings  banks  and  institutions  for  sav- 
ings, incorporated  as  such  in  this  conunonwealth. 


Acts,  1908.  — Chap.  590.  583 


APPOINTMENT    OF    BANK    COMMISSIONER. 

Section  2.     There  shall  be  a  bank  commissioner  for  isss,  u,  §§  i. 

the  commonwealth,  appointed  by  the  governor,  with  the  i843, 43. 

advice  and  consent  of  the  council,  who  shall  not  be  an  Js^;  127,  §§  1. 

officer  of  or  directly  or  indirectly  interested  in  any  national  J<  s.  57,  §§  1. 

bank  or  in  any  bank,  trust  company,  corporation,  business  2^^^  ^g,,  §§  1, 

or  occupation  that  requires  his  official  supervision.     He  2^^^'  ^^^ 

shall  not  enffaffe  in  any  other  business,  and  shall  hold  his  §§  1-3. 

.PS    116    §  1 

office  for  the  term  of  three  years  from  the  date  of  his  com-  i8S9,  321,  §  1. 
mission  and  until  his  successor  is  appointed  and  qualified,  r.  lI  113',  §  1'. 
He  may  be  removed  by  the  governor,  with  the  consent  of  i906, 204,  §§  1, 
the  council.     He  shall  give  bond  with  sureties  in  the  sum  ^^^  ^^^^^-  ^^s- 
of  twenty  thousand  dollars,  to  be  approved  by  the  treasurer 
and  receiver  general,  for  the  faithful  performance  of  his 
duties,  and  the  expense  of  procuring  such  bond  shall  be 
paid  by  the  commonwealth.     He  shall  receive  in  full  com- 
pensation for  his  services  an  annual  salary  of  five  thousand 
dollars. 


SALARIES    AND    ALLOWANCES. 


Section  3.     The  commissioner  may,  with  the  approval  Jlsf-JoT-^^g 

of  the  governor  and  council,  appoint,  and  with  their  con-  i859,  us. 

°                                    '  .  ^  f        '            •      1  •       .     ,  .  G.  s.  57,  §  11. 

sent  remove,  a  deputy  commissioiler  to  assist  him  m  his  1862,  212. 

duties,  who  shall  receive  an  annual  salary  of  three  thou-  is7o!  244. 

sand  dollars,  and  five  examiners,  who  shall  each  receive  1379;  124'; 

an  annual  salary,  to  be  approved  by  the  governor  and  coun-  illo.^il'i,  §  5. 

cil.     In  case  of  a  vacancy  in  the  office  of  commissioner,  or  188^2,  hI,  |  l 

during  the  absence  or  disability  of  that  officer,  the  deputy  J||^'  77"32i 

commissioner  shall  perform  the  duties  of  the  office.     The  J892,  248. 

commissioner  may  employ  such  clerks  and  assistants  as  is95,  66.^ 

the  public  business  in  his  charge  may  require,  at  salaries  r.  l.' ii3,'§  2. 

to  be  approved  by  the  governor  and  council,  and  shall  also  1906',  204.' 

be  allowed  necessary  office  expenses  and  the  actual  ex-  ^~^' 
penses  incurred  by  him  and  liis  subordinates  in  travelling 
in  the  performance  of  official  duties.  The  deputy  com- 
missioner, examiners,  clerks  and  assistants  shall  give  bonds 
with  sureties  to  be  approved  by  the  commissioner,  in  such 
sum  as  he  may  require,  for  the  faithful  perforaiance  of 
their  duties,  the  expense  of  procuring  which  shall  be  paid 
by  the  commonwealth. 


584  Acts,  1908.  — Chap.  590. 


BOARD    OF    BANK    INCORPORATION. 

1906. 204,  §§4,  Section  4.  The  bank  commissioner,  the  treasurer  and 
receiver  general  and  the  commissioner  of  corporations  shall 
constitute  a  board  of  bank  incorporation,  which  shall 
exercise  the  powers  and  perform  the  duties  conferred  or 
imposed  upon  them  by  this  act  and  upon  the  board  of 
commissioners  of  savings  banks  by  section  two  of  chapter 
one  hundred  and  fourteen  of  the  Revised  Laws,  by  section 
twenty  of  chapter  one  hundred  and  sixteen  of  the  Revised 
Laws,  by  chapter  three  hundred  and  iifty-five  of  the  acts 
of  the  year  nineteen  hundred  and  two,  and  by  section  three 
of  chapter  three  hundred  and  seventy-four  of  the  acts  of 
the  year  nineteen  hundred  and  four. 

examination  of  banks. 

1838. 14  §  2.  Section  5.     The  commissioner,  either  personally  or  by 

G.  s!  57,  '§  3. '    his  deputy  or  examiners,  or  such  others  of  his  assistants  as 
8.    '    "'       'he  may  designate,  shall,  at  least  once  in  each  year,  and 
R's.'n6,'§  3.'    whenever  he  considers  it  expedient,  visit  each  bank.     At 
RA.'.  lis!  I  3!    such  visits  the  person  making  the  examination  shall  have 
1906, 204,  §§  3.  £j.pg   access   to  the   vaults,    investments,   cash,   books   and 
papers,  and  shall  thoroughly  inspect  and  examine  the  af- 
fairs of  the  bank,  to  ascertain  its  condition,  its  ability  to 
fulfill  its  obligations  and  whether  it  has  complied  with  the 
provisions  of  law.     The  commissioner  shall  preserve  a  full 
record  of  such  examinations,  including  a  statement  of  the 
condition  of  every  bank  so  examined.     Such  records,  and 
information  contained  in  reports  of  such  banks,  other  than 
information  required  by  law  to  be  published  or  to  be  open 
to  the  inspection  of  the  public,  shall  be  open  only  to  the 
inspection  of  the  commissioner,  his  deputy,  examiners  and 
assistants,  and  such  other  officers  of  the  commonwealth  as 
may  have  occasion  and  authority  to  inspect  them  in  the 
performance  of  their  official  duties. 

commissioner  may  summon  and  examine  officers. 

1839'  ^7'  ^  ^'  Section  6.     The  commissioner,  or  his  deputy  or  exam- 

i85i!  isV  §__3.  iners  or  such  others  of  his  assistants  as  he  may  designate, 

1866, 192.  §  3.  may  summon  the  trustees,  officers  or  agents  of  such  bank, 

p.  s.'ri6.'§  4."  or  any  other  witnesses,  and  examine  them  relative  to  the 

r.^l:  lis;  1 4.  affairs,   transactions   and   condition    of  the  bank,   and    for 


Acts,  1908.  — Chap.  590.  585 

that  purpose  may  administer  oaths.  Whoever,  without 
justifiable  cause,  refuses  to  appear  and  testify  when  so 
required,  or  obstructs  the  person  making  such  examination 
in  the  performance  of  his  duty,  shall  be  punished  by  a  fine 
of  not  more  than  one  thousand  dollars  or  by  imprisonment 
for  not  more  than  one  year. 

EXAMINATION   OF   BANK   ON   REQUEST   OF   OFFICERS,    CREDIT- 
ORS  OR  DEPOSITORS. 

Section  7.  Upon  the  written  application  under  oath  issi,  127.  §  4. 
to  the  commissioner  by  five  or  more  officers,  trustees,  cred-  1866,^192^  §^'4. 
iters'  or  depositors  of  such  bank  setting  forth  their  interest  ^  s^' ffe,' §  |; 
and  the  reasons  for  making  an  examination  and  requesting  1894,  317,  §  5. 
him  to  examine  such  bank,  he  shall  forthwith  make  a  full 
investigation  of  its  afi^airs  in  the  manner  hereinbefore  pro- 
vided. 

COMMISSIONER    TO    REPORT    VIOLATIONS    OF    LAW. 

Section  8.  If,  in  the  opinion  of  the  commissioner,  isss,  14.  §  6. 
such  bank  or  its  officers  or  trustees  have  violated  any  law  aH.'sf/l 
relative  thereto,  he  shall  forthwith  report  such  violation  to 
the  attorney-general,  who  shall  forthwith,  in  behalf  of 
the  commonwealth,  institute  a  prosecution  therefor.  If, 
in  the  opinion  of  the  commissioner,  such  bank  is  con- 
ducting any  part  of  its  business  in  an  unsafe  or  unau- 
thorized manner,  he  shall  direct  in  writing  that  such  unsafe 
or  unauthorized  practice  shall  be  discontinued;  and  if  any 
such  bank  shall  refuse  or  neglect  to  comply  with  any  such 
direction  of  the  commissioner,  or  if,  in  the  opinion  of  the 
commissioner,  a  trustee  or  officer  of  such  bank  has  abused 
his  trust,  or  has  used  his  official  position  in  a  manner  con- 
trary to  the  interests  of  such  bank  or  its  depositors,  the 
commissioner  shall,  in  the  case  of  a  savings  bank,  forthwith 
report  the  facts  to  the  attorney-general,  who  may,  after 
granting  a  hearing  to  said  savings  bank,  trustee  or  officer, 
institute  proceedings  in  the  supreme  judicial  court,  which 
shall  have  jurisdiction  in  equity  of  such  proceedings,  for 
the  removal  of  one  or  more  of  the  trustees  or  officers,  or  of 
such  other  proceedings  as  the  case  may  require ;  or  the  com- 
missioner may,  in  the  case  of  any  other  bank,  after  giving 
a  hearing  to  the  directors  thereof,  either  report  to  the  share- 
holders thereof,  or,  with  the  consent  in  writing  of  a  board 
composed  of  the  treasurer  and  receiver  general,  the  attor- 


1866, 

192, 

§  7. 

1876, 

231, 

§  3. 

1878, 

253, 

§  6. 

P.  S. 

116, 

§  9. 

1894, 

317, 

§9. 

R.  L. 

113, 

§9. 

5Sij  Acts,  1908.  — Chap.  590. 

nej-general  and  the  commissioner  of  corporations,  publish 
such  facts  relative  thereto  as  in  his  opinion  the  public  in- 
terest may  require, 

PROCEEDINGS    WHEN    BANK    IS    INSOLVENT    OR   IN   A   HAZARD- 
OUS   CONDITION. 

isii;  2?;  I  2.         Section  9.     If,  upon  examination,  such  bank  appears 
aU'sy/l?.^'    ^'^  ^^  insolvent  or  its  condition  such  as  to  render  the  con- 
\iyi  .«'?•  f  Q-    tinuance  of  its  business  hazardous  to  the  public  or  to  those 
isii  3\^7  I  6     "'"^^'^"S  funds  m  its  custody,  the  commissioner  shall  apply, 
R.  l!  113.'  §  6'.   or,  if  such  bank  appears  to  have  exceeded  its  powers  or  to 
have  failed  to  comply  with  any  provision  of  law,  may  apply 
to  the  supreme  judicial  court,  which  shall  have  jurisdiction 
in  equity  of  such  application,  for  an  injunction  to  restrain 
the  bank,  in  whole  or  in  part,  from  further  proceeding 
with  its  business.     Upon  making  such  application  the  com- 
missioner may  forthwith  take  possession  of  the  property 
and  business  of  the  bank,  and  retain  possession  thereof 
pending  the  action  of  the  court.     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. 

SCHEDULE  OF  PROPERTY  TO  BE  :MADE. 

Rs\'Lf|'§  7."  Section  10.  When  receivers  are  so  appointed  the  treas- 
FL^L.'  113.'  I  7'.  ^^^^'^  of  such  bank  shall  make  a  schedule  of  its  property ; 
and  he,  with  the  board  of  investment  and  other  officers 
transferring  its  property  to  the  receivers,  shall  make  oath 
that  said  schedule  sets  forth  all  the  property  which  said 
bank  owns  or  to  whicli  it  is  entitled.  The  treasurer  shall 
deliver  the  schedule  to  the  receivers  and  a  copy  thereof  to 
the  commissioner,  who  may  at  any  time  examine  under 
oath  such  treasurer,  board  of  investment  or  other  officers,  to 
determine  whether  all  the  property  which  the  corporation 
owns  or  to  which  it  is  entitled  has  been  transferred  to  the 
receivers. 

commissioner  to  examine  accounts^  etc.,  of  receivers. 

§M%^^^'  Section  11.     The  commissioner,  either  in  person  or  by 

p.  s.  116.  §§8,  tjis  deputy  or  examiners,  shall  at  least  once  in  each  year, 

and  whenever  he  considers  it  expedient,  examine  or  cause  to 


Acts,  1908.  — Chap.  590.  587 

be  examined  the  accounts  and  doings  of  said  receivers ;  and  is94, 317,  §§  8. 
shall  carefully  exaniine  and  report  upon  all  accounts  and  k.  l.  113,  §  s. 
reports  of  receivers  made  to  the  supreme  judicial  court 
and  referred  to  him  by  it ;  and,  for  such  purposes,  the  per- 
son making  the  examination  shall  have  free  access  to  the 
books  and  papers  relating  to  the  transactions  of  such  receiv- 
ers, whom  he  may  examine  under  oath  relative  to  their 
transactions.  If  in  the  opinion  of  the  commissioner  any 
such  receiver  has  violated  his  duty,  he  shall  present  the 
facts  to  the  supreme  judicial  court. 

HOOKS    AND    ACCOUNTS. 

Section  12.  The  commissioner  may  prescribe  the  man-  1879,  285.  §  1. 
ner  and  form  of  keeping  the  books  and  accounts  of  such  p^  s.'  iTe,'  §  39. 
bank,  and  the  extent  to  which  they  shall  be  audited.  \f^t  III'.  I  tk. 

REPORTS    OF    BANKS. 

Section  13.     In  addition  to  the  reports  required  by  1834, 190,  §  11. 
law  to  be  made,  such  banks  shall  make  such  other  state-  m6',49;^86!' 
ments  and  reports  to  the  commissioner  as  he  may  require.  g."s.  57,  §  149. 
The  commissioner  shall  furnish  blank  forms  for  all  state-  }|^5'  .^^|'  f  ^• 
ments  or  reports  required  to  be  made  to  him.  -[IZI-  ^03,  §  24. 

p.  s. Tie, '§42. 

1894,317,  §  44. 
PENALTY    FOR    MAKING    FALSE    REPORTS.  R.  L.  113,  §  49. 

Section  14.  An  officer,  agent,  clerk  or  servant  of  such  is96, 327. 
bank  who  refuses  or  neglects  to  make  a  report  or  statement  '  '  "  ' 
lawfully  required  by  the  commissioner,  or  who  knowingly 
makes  a  false  report  or  statement  to  the  commissioner,  or 
his  deputy,  examiners  or  assistants,  shall  l)e  ])unished  by  a 
fine  of  not  more  than  one  thousand  dollars  or  by  imprison- 
ment in  the  house  of  correction  for  not  more  than  three 
years,  or  by  both  such  fine  and  imprisonment. 

REPORT  TO  GENERAL  COURT. 

Section  15.     On  or  before  the  third  Wednesday  in  each  1334, 190,  §  11. 

January,  the  commissioner  shall  communicate  to  the  gen-  1846,  49';  ^86? 

eral  court  a  statement  of  the  condition  of  every  incorpo-  ^\  57  §  ^49 

rated  bank,  including  incorporated  banks  in  the  hands  of  i|66.  i9|.  |  6- 

receivers,  from  which  a  report  has  been  received  for  the  isje!  293,'  §  24. 

preceding  year,  together  with  such  other  information  rela-  p.  s.' Tie,' §  42. 

tive  to  the  affairs  of  such  banks  as,  in  his  opinion,  the  r.  l!  113,'  §  49! 


588  Acts,  1908.  — Chap.  590. 

public  interest  may  require,  and  shall  make  such  sugges- 
tions as  he  may  consider  exj^edient  relative  to  the  general 
conduct  and  condition  of  such  banks. 


GENERAL    PROVISIONS. 

UnautJiorized  Banking  Fruhibited. 

1889, 452,  §  1.  Section  16.  Ko  corporation,  either  domestic  or  foreign, 
1894!  317,  §  52.  aiid  110  pci'sou,  partnership  or  association  except  savings 
1906!  377',  §  1."  l)anks  and  trust  companies  incorporated  under  the  laws  of 
this  commonwealth,  or  such  foreign  banking  corporations 
as  were  doing  business  in  this  commonwealth  and  were  sub- 
ject to" examination  or  supervision  of  the  commissioner  on 
June  first,  nineteen  hundred  and  six,  shall  hereafter  make 
use  of  any  sign  at  the  place  where  its  business  is  transacted 
having  thereon  any  name,  or  other  word  or  words  indi- 
cating that  such  place  or  office  is  the  place  or  office  of  a 
savings  bank.  Xor  shall  such  corporation,  person,  partner- 
ship or  association  make  use  of  or  circulate  any  written  or 
printed  or  partly  written  and  partly  printed  paper  what- 
ever, having  thereon  any  name,  or  other  word  or  words, 
indicating  that  such  business  is  the  business  of  a  savings 
bank ;  nor  shall  any  such  corporation,  person,  partnership 
or  association,  or  any  agent  of  a  foreign  corporation  not 
having  an  established  place  of  business  in  this  common- 
wealth, solicit  or  receive  deposits  or  transact  business  in 
the  way  or  manner  of  a  savings  bank,  or  in  such  a  way  or 
manner  as  to  lead  the  public  to  believe,  or  as  in  the  opinion 
of  the  commissioner  might  lead  the  public  to  believe,  that 
its  business  is  that  of  a  savings  bank. 


Penal  I  u   iJwrcfor. 

1889. 452,  §  1.  Section  IT.  The  commissioner  or  his  deputy  or  exam- 
1894!  317!  §  52.  iners  shall  have  authority  to  examine  the  accounts,  books 
1906!  377!  §  2.'  and  papers  of  any  corporation,  person,  partnership  or 
association  which  does  a  banking  business  or  makes  a 
business  of  receiving  money  on  deposit,  or  which  has  the 
words  "  bank  "  or  "  banking  "  in  the  name  under  which  its 
business  is  conducted,  in  order  to  ascertain  whether  such 
corporation,  person,  partnership  or  association  has  violated 
or  is  violating  any  provision  of  section  sixteen ;  and  any 
corporation,    person,    ])artnership   or   association   violating 


Acts,  1908.  — Chap.  590.  589 

any  provision  of  section  sixteen  shall  forfeit  to  the  com- 
monwealth one  hundred  dollars  a  day  for  every  day  or  part 
thereof  during  which  such  violation  continues.  Any  vio- 
lation of  the  provisions  of  section  sixteen  shall  forthwith 
be  reported  by  the  coinmissioner  to  the  attorney-general. 
The  said  forfeiture  may  be  recovered  by  an  information 
or  other  appropriate  proceeding  brought  in  the  supreme 
judicial  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  corpora- 
tion, person,  partnership  or  association  from  further  pros- 
ecution 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 
require. 

Powers  and  Duties  of  Savings  Banks. 

Section    18.      Savings   banks    incorporated   under   the  i834,  i90,  §  i. 
laws  of  this  commonwealth  or  doing  business  therein  shall  g."  s'.  sv!  §  135. 
be  subject  to  the  provisions  of  the  following  sections  so  r  s^'m,'§  n. 
far  as  the  same  are  consistent  with  the  provisions  of  their  jf^^!  113;  §  12! 
respective  charters ;    and   any  such  corporation  may,   by  ♦ 

vote  at  its  annual  meeting  or  at  a  meeting  called  for 
the  purpose,  accept  any  provision  of  said  sections  which 
is  inconsistent  with  its  charter. 

Savings  Bank   may  not  occupy  Same   Office   with   Other 

Bank. 

Section  19.  No  savings  bank  shall  occupy  the  same  1902,  i69,  §  3. 
office  or  suite  of  offices  with  a  national  bank,  trust  company 
or  other  bank  of  discount,  nor  any  office  directly  connected 
by  means  of  doors  or  other  openings  in  partitions  with  the 
office  or  suite  of  offices  used  or  occupied  by  any  such  na- 
tional bank,  trust  company  or  other  bank  of  discount.  Any 
such  corporation  violating  the  provisions  of  this  section 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars. 

Officers  of  Savings  Banks  may  not  he   Officers  of  Other 

Banks. 

Section  20.     ISTo  president,  vice  president  or  treasurer  1902,  i69,  §  4. 
of  such  corporation  shall  hold  the  office  or  perform  the 
duties  of  president,  vice  president,  treasurer  or  cashier  of 


590  Acts,  1908.  — Chap.  590. 

a  national  hank  or  trust  company  or  any  other  hank  of 
discount.  Whoever  violates  the  provisions  of  this  section 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars. 

General  Court  may  examine  Savings  Banks. 

1834*  fgo  §  12        Section  21.     Savings  banks  and  their  officers  shall  be 

4\  ^M^'  ^^  ^^'  subject  to  examination  by  a  committee  of  the  general  court 

G.S.57,  §§102.  appointed  for  the  purpose,  who  may  examine  their  affairs 

1876,  203,  §  27.  and  shall  have  free  access  to  their  books  and  vaults.     An 

1894,^31^7,  §^^2.  officer  of  any  such  corporation,   or  other  person  having 

g'cush.^eol/^'  charge  of  its  books  and  property,  vs^ho  refuses  or  neglects 

to  exhibit  the  same  to   such  committee   or  obstructs  its 

examination  thereof,  shall  be  punished  by  a  fine  of  not 

more  than  ten  thousand  dollars  or  by  imprisonment  for 

not  more  than  three  years. 


PAET  II.  —  INCORPORATION. 

AGKEEMEXT    OF    ASSOCIATION. 

Agreement  of  Section  22.  Twcuty  or  luore  persons  who  associate 
themselves  by  an  agreement  in  writing  for  the  purpose  of 
forming  a  savings  bank,  may,  upon  compliance  with  the 
provisions  of  sections  twenty-two,  twenty-three,  tw'enty-four 
and  twenty-five,  become  a  corporation  with  all  the  powers 
and  privileges  and  subject  to  all  the  duties,  restrictions  and 
liabilities  set  forth  in  all  general  laws  now  or  hereafter 
in  force  relating  to  such  corporations.  Said  agreement 
shall  set  forth  that  the  subscribers  thereto  associate  them- 
selves with  the  intention  of  forming  a  corporation  to 
transact  business  within  this  commonwealth,  and  shall 
specify 

First.  The  name  by  which  the  corporation  shall  be 
known. 

Second.     The  purpose  for  which  it  is  to  be  formed. 

Third.  The  city  or  town  and  district  thereof  in  which 
its  business  is  to  be  transacted. 

Each  associate  shall  subscribe  to  the  articles  his  name, 
occupation,  residence  and  post  office  address. 


Acts,  1908.  — Chap.  590.  591 


PUBLICATION    OF    NOTICE,    AND    PUBLIC    IlEAEING. 

Section  23.     The  subscribers  to  such  agreement  shall  r-ubiication  of 

Tfii'  •  fi-       notice,  and 

give  notice  to  the  board  of  bank  incorporation  oi  their  public  hearing, 
intention  to  form  such  savings  bank,  and  shall  apply  to 
said  board  for  a  certificate  that  public  convenience  and 
advantage  will  be  promoted  by  the  establishment  thereof, 
which  certificate  said  board  is  hereby  authorized  to  grant. 
Upon  receipt  of  such  application  said  board  shall  furnish 
the  subscribers  a  form  of  notice  specifying  the  names,  occu- 
pation and  addresses  of  the  proposed  incorporators  and 
the  name  and  location  of  the  proposed  savings  bank,  and 
assigning  a  date  and  place  for  a  public  hearing  on  the 
application.  The  subscribers  shall  publish  such  notice 
at  least  once  a  week,  for  three  successive  weeks,  in  one  or 
more  newspapers  designated  by  said  board,  and  published 
in  or  nearest  to  the  city  or  town  in  which  it  is  desired  to 
establish  the  savings  bank.  If  said  board  refuses  to  issue 
such  certificate,  no  further  proceedings  shall  be  had,  but 
the  application  may  be  renew^ed  after  one  year  from  the 
date  of  such  refusal,  in  which  case  notice  of  a  public  hear- 
ing thereon  shall  be  published  as  hereinbefore  provided. 

first  meeting  of  subscribers. 

Section  24.  The  first  meeting  of  the  subscribers  to  the  ^-^^^^  meeting 
agreement  of  association  shall  be  called  by  a  notice  signed  °f  subscribers. 
either  by  that  subscriber  to  the  agreement  who  is  desig- 
nated therein  for  the  purpose,  or  by  a  majority  of  the 
subscribers ;  and  such  notice  shall  state  the  time,  place  and 
purposes  of  the  meeting.  A  copy  of  the  notice  shall,  seven 
days  at  least  before  the  day  appointed  for  the  meeting,  be 
given  to  each  subscriber  or  left  at  his  residence  or  usual 
place  of  business,  or  deposited  in  the  post  office,  postage 
prepaid,  and  addressed  to  him  at  his  residence  or  usual 
place  of  business,  and  another  copy  thereof  and  an  affidavit 
by  one  of  the  signers  that  the  notice  has  been  duly  served 
shall  be  recorded  with  the  records  of  the  corporation.  If 
all  the  incorporators  shall  in  writing,  endorsed  upon  the 
agreement  of  association,  waive  such  notice  and  fix  the  time 
and  place  of  the  meeting,  no  notice  shall  be  required.  The 
subscribers  to  the  agreement  of  association  shall  hold  the 
franchise  until  the  organization  has  been  completed.     At 


592 


Acts,  1908.  — Chap.  590. 


such  first  meeting,  or  at  any  adjonrnmcnt  thereof,  the 
incorporators  shall  organize  by  the  choice  by  ballot  of  a 
temporary  clerk,  by  the  adoption  of  by-laws  and  by  the 
election,  in  such  manner  as  the  by-laws  may  determine,  of 
trustees,  a  president,  a  clerk,  and  such  other  officers  as  the 
by-laws  may  prescribe.  All  the  officers  so  elected  shall  be 
sworn  to  the  faithful  performance  of  their  duties.  The 
temporary  clerk  shall  make  and  attest  a  record  of  the  pro- 
ceedings until  the  clerk  has  been  chosen  and  sworn,  includ- 
ing a  record  of  the  choice  and  qualification  of  the  clerk. 


Issue  of  cer- 
tificate of  in- 
corporation. 


ISSUE    OF    CERTIFICATE    OF    I>'CORPORATIOX. 

SECTIO^"^  25.  The  president,  and  a  majority  of  the  trus- 
tees who  are  elected  at  such  first  meeting,  shall  make,  sign 
and  make  oath  to,  in  duplicate,  articles  setting  forth :  — 

a.  A  true  copy  of  the  agreement  of  association,  the 
names  of  the  subscribers  thereto,  and  the  name,  residence 
and  post  office  address  of  each  of  the  officers  of  the  com- 
pany. 

h.  The  date  of  the  first  meeting  and  the  successive  ad- 
journments thereof,  if  any. 

One  of  such  certificates  shall  be  submitted  to  said  board, 
and  the  other,  together  with  the  records  of  the  proposed 
corporation,  to  the  commissioner  of  corporations,  who  shall 
examine  the  same,  and  who  may  require  such  amendment 
thereof  or  such  additional  information  as  he  may  consider 
necessary.  If  he  finds  that  the  articles  conform  to  the  pro- 
visions of  sections  twenty-two,  twenty-three  and  twenty- 
four,  relative  to  the  organization  of  the  corporation,  and 
til  at  the  provisions  of  section  twenty-three  have  been  com- 
plied with,  he  shall  so  certify  and  endorse  his  approval 
thereon.  Thereupon  the  articles  shall  be  filed  in  the  office 
of  the  secretary  of  the  commonwealth,  who  shall  cause  the 
same,  with  the  endorsement  thereon,  to  be  recorded,  and 
shall  thereupon  issue  a  certificate  of  incorporation  in  the 
following  form :  — 


Form  of 
certificate. 


COM:\rONWEALTH  OF  ]\Iassachusetts. 

Be  it  known  that  whereas  (the  names  of  the  subscribers  to  the 
a^eement  of  association)  have  associated  themselves  with  the  in- 
tention of  formino-  a  corporation  luider  the  name  of  (the  name  of 
the  corporation),  for  the  purpose  (the  purpose  declared  in  the 


Acts,  1908.  — Chap.  590.  593 

agreement  of  association),  and  have  complied  with  the  provisions 
of  the  statutes  of  this  commonwealth  in  such  case  made  and  pro- 
vided, as  appears  from  the  articles  of  organization  of  said  corpo- 
ration, duly  approved  by  the  commissioner  of  corporations  and 
recorded  in  this  office:  now,  therefore,  I  (the  name  of  the  secre- 
tary), secretary  of  the  commonwealth  of  Massachusetts,  do  hereby 
certify  that  said  (the  names  of  tlie  subscribers  to  the  agreement  of 
association),  their  associates  and  successors,  are  legally  organized 
and  established  as,  and  are  hereby  made,  an  existing  corporation 
under  the  name  of  (name  of  the  corporation),  Avith  the  powers, 
rights  and  privileges,  and  subject  to  the  limitations,  duties  and 
restrictions,  which  by  law  appertain  thereto. 

Witness  my  official  signature  hereunto  subscribed,  and  the  great 
seal  of  the  commonwealth  of  Massachusetts  hereunto  affixed,  this 
day  of  in  the  year  (the  date  of  the  tiling  of 

the  articles  of  organization). 

The  secretary  shall  sign  the  certificate  of  incorporation  certificate  of 
and  cause  the  great  seal  of  the  commonwealth  to  be  thereto  "oTa^eTJrc" 
affixed,  and  such  certificate  shall  have  the  force  and  effect  charter"^' 
of  a  special  charter.     The  existence  of  every  such  corpora- 
tion which  is  not  created  by  special  law  shall  begin  upon 
the  filing  of  the  articles  of  organization  in  the  office  of  the 
secretary  of  the  commonwealth.      The   secretary   of   the  Record  of 
commonwealth  shall  also  cause  a  record  of  the  certificate  certificate, 
of  incorporation  to  be  made,  and  such  certificate  or  such 
record,  or  a  certified  copy  thereof,  shall  be  conclusive  evi- 
dence of  the  existence  of  the  corporation. 


PART  III.  —  MANAGEMENT. 

MEETINGS    OF    SUCH    COKPOKATIONS. 

Section  26.     The  annual  meeting  of  such  corporation  1834,  190,  §  4. 
shall  be  held  at  such  time  as  the  by-laws  direct.     Special  a  I.' 5^7^' n 39 
meetings  may  be  held  by  order  of  its  trustees ;  and  its  clerk  p^s^'ne^'/il' 
shall  give  notice  of  special  meetings  upon  request  in  writing  J|^;^'  |^0-^  jg 
of  ten  members  of  the  corporation.     Notice  of  all  meetings  R-  l'  113,'  j  17. 
shall  be  given  by  advertisement  in  a  newspaper  published 
in  the  county  in  which  the  corporation  is  located,  and  by 
mailing  to  each  corporator  at  least  seven  days  before  such 
meeting  a  written  or  printed  notice  thereof.     The  names 
of  those  present  at  meetings  shall  be  entered  in  the  records 
of  the  corporation. 


594  AcT«,  1908.  — Chap.  590. 


MEMBEES    OF    SUCH    CORPORATIONS. 

R^s' 36^1^76'         Section  27.     Such  corporation  may,  at  a  legal  meeting, 

G.  s.  57!§i46,  elect  by  ballot  any  citizen  of  this  commonwealth  to  be  a 

p.  s.'ile/i  it',    member,  thereof ;  and  any  person  may,  at  an  annual  meet- 

isgb;  222!     _    ing,  cease  to  be  a  member,  if,  at  least  three  days  before 

r.^l!  113,'  I  is!  such  meeting,  he  has  filed  with  the  clerk  a  written  notice 

of  his  intention  so  to  do.    If  a  member  fails  to  attend  two 

consecutive  annual  meetings,  his  membership  may,  by  vote 

of  the  corporation  at  its  next  annual  meeting,  be  declared 

forfeited.     Such  action  and  vote  recorded  shall  be  evidence 

of  forfeiture  of  membership.     ISTo  person  shall  continue  to 

be  a  member  after  removine;  from  this  conrmonwealth. 


officers  of  such  corporations. 


||34.  190,  Section  28.     The  officers  of  such  corporation  shall  be  a 

r.  s.'36,  §§  72.  president,  one  or  more  vice  presidents,  a  board  of  invest- 
G.'s.  57,  ment  of  not  less  than  three,  a  board  of  not  less  than  eleven 

1876,  203,  '       trustees  from  which  the  officers  hereinbefore  mentioned 
R  s^'ii'e.  §  13.    shall  be  chosen,  a  treasurer,  clerk  and  such  other  officers 
\i^t.  113!  1 14!  ^s  it  may  find  necessary  for  the  management  of  its  affairs. 
1902, 169,  §  4.    ^w  officers  shall  be  sworn,  and  shall  hold  their  several 
offices   until    others    are    elected,    and    qualified    in   their 
stead;    and  a  record  of  every  such  qualification  shall  be 
filed  and  preserved  by  the  clerk  of  the  corporation.     The 
trustees  shall  l)e  elected  from  the  corporators,  and  no  per- 
son shall  hold  an  office  in  two  such  corporations  at  the  same 
time.      Only   one   of   tlie   ]">ersons   holding   the    offices   of 
president,  treasurer  or  clerk  shall  at  the  same  time  be  a 
member  of  the  board  of  investment.     Not  more  than  three 
fifths  of  the  members  of  any  such  corporation  shall  be  offi- 
cers thereof  at  any  one  time. 

election  of  officers. 

iPs'sl'^S?!'  Section  29.  The  officers  of  such  corporation,  except 
G-  S-  57,'  §  138.  the  board  of  investment,  treasurer,  vice  treasurer  and  as- 
1868,'  49.  sistant  treasurer,  shall  be  elected  at  its  annual  meeting, 

p.  s.'ne.'s  15'.    anything  in  its  charter  to  the  contrary  notwithstanding, 
ligli  317!  1 15.  The  board  of   investment,   treasurer,   vice  treasurer   and 
^902;  169. 1  \!   assistant  treasurer  shall  be  elected  by  the  trustees   and 
shall  hold  office  during  their  pleasure.     If  any  office  be- 


Acts,  1908.  — Chap.  590.  595 

comes  vacant  during  the  year,  the  trustees  may  elect  a 
person  to  fill  it  until  the  next  annual  meeting;  and  if  a 
person  elected  does  not,  within  thirty  days  thereafter, 
take  the  oath,  his  office  shall  thereupon  become  vacant. 
The  clerk  of  the  corporation  shall,  within  ten  days  after 
the  meeting,  notify  all  persons  elected  to  office;  and 
within  thirty  days  thereafter  shall  publish  in  a  newspaper 
published  in  the  county  in  which  the  corporation  is  estab- 
lished a  list  of  all  persons  who  have  taken  the  oath  of  office 
to  which  they  were  elected  and  a  list  of  the  members  of 
the  corporation.  Said  lists  shall  be  included  in  the  annual 
report  of  the  corporation  to  the  commissioner,  and  shall  be 
kept  on  file  in  his  office  for  inspection  by  the  public.  A 
clerk  who  neglects  to  give  such  notice  or  make  such  publi- 
cation, or  who  makes  a  false  publication,  and  a  person  who 
knowingly  publishes  or  circulates,  or  knowingly  causes  to 
be  published  or  circulated,  a  printed  notice  containing  the 
name  of  a  person  as  an  officer  of  such  corporation  who  has 
not  taken  the  oath  of  office,  shall  be  liable  to  a  penalty  of 
fifty  dollars.  The  elerk  shall  transmit  to  the  commissioner 
a  copy  of  all  by-laws  adopted  and  all  amendments  thereof. 

MEETINGS    OF    TRUSTEES. 

Section  30.    A  regular  meeting  of  the  board  of  trustees  isve,  203,  §  7. 
of  such  corporation  shall  be  held  at  least  once  in  three  fsli/io.'  ^  ^^' 
months,   for  the   purpose  of  receiving  the   report  of  its  J||f •  3^7  g  ^g 
treasurer  and  for  the  transaction  of  other  business.     Spe-  R-L.  113.  §19. 
cial  meetings  may  be  called  by  the  president,  and  the  clerk 
shall  give  notice  of  special  meetings  upon  request  in  writ- 
ing of  three  trustees.     A  quorum  shall  consist  of  not  less 
than  seven  trustees,  but  less  than  a  quorum  may  adjourn 
from  time  to  time  or  until  the  next  regular  meeting.     At 
each  regular  meeting  the  trustees  shall  cause  to  be  prepared 
a  statement  showing  the  condition  of  the  corporation  as  it 
appears  upon  its  books,  in  the  form  of  a  trial  balance  of 
its   accounts.      Such   statement  shall  be   posted  in   a  con- 
spicuous place  in  its  banking  room,  where  it  may  easily  be 
read  by  the  public,  and  shall  there  remain  until  the  next 
regular  meeting  of  said  board.     A  record  shall  be  made 
at  each  meeting  of  the  transactions  of  the  trustees  and  of 
the  names  of  those  present.     The  trustees  shall  cause  to  be 
published  semi-annually  in  a  newspaper  published  in  the 


59(3 


Acts,  1908.  — CiiAr.  590. 


county  in  which  the  corporation  is  located  the  names  of 
the  president,  treasurer,  members  of  the  hoard  of  invest- 
ment and  other  ofhcers  of  the  corporation  charged  with 
the  duty  of  investing  its  funds.  The  first  publication 
thereof  shall  be  within  thirty  days  after  the  election  of 
said  officers,  and  the  second  ])uhlication  at  the  expiration 
of  six  months  therefrom. 


Meetings  of 
board  of  in- 
vestment. 


MEETINGS    OF    THE    BOARD    OF    INVESTMENT. 

Section  31.  Meetings  of  the  board  of  investment  of 
such  corporation  shall  be  held  at  least  once  in  each  month. 
The  l)()ard  shall  approve  all  loans  made  by  the  corpora- 
tion, all  changes  in  the  property  or  security  pledged  or 
the  rates  of  interest  charged  therefor,  and  all  purchases 
or  sales  of  bonds,  stocks  and  notes,  and  shall  perform  such 
other  duties  as  the  by-laws  may  prescribe.  A  record  shall 
be  made  at  each  meeting  of  the  transactions  of  the  board 
and  the  names  of  those  present.  The  members  of  said 
board  may  approve  changes  of  collateral  on  loans  made 
under  the  provisions  of  subdivision  e  of  clause  Eighth  of 
section  sixty-eight  either  by  a  vote  of  said  board  or  by 
signing  a  statement  setting  forth  all  such  changes. 


Auditing 
committee. 


AUDITING    COMMITTEE. 

Section  32.  At  the  first  meeting  after  their  election, 
the  trustees  shall  appoint  an  auditing  committee  of  not 
less  than  two  trustees,  of  which  neither  the  treasurer  nor 
more  than  one  member  of  the  board  of  investment  shall  be 
members,  who  shall  at  least  once  during  the  twelve  months 
following  their  appointment  make  or  cause  to  be  made  a 
thorough  audit  of  the  books,  securities  and  cash  of  such 
corporation  for  the  period  elapsed  since  the  preceding 
audit;  and  the  report  of  such  committee  relative  thereto 
shall  l)e  read  at  the  next  meeting  of  the  trustees  after  the 
audit  has  been  completed,  and  shall  be  filed  and  preserved 
with  the  records  of  the  corporation. 


1876,  203,  §  11 
p.  S.  116,  §  22. 


COMPENSATION    OF    COMIMTTTEES. 

Section  33.     The  board  of  trustees  shall  authorize  the 
1894, 317, 1  23'.  Compensation,  if  any,  to  be  paid  to  committees  of  said 
■  "      '  board.     At  each  r(\gular  meeting  of  the  board  the  treas- 

urer shall  report  in  detail  all  amounts  paid  by  the  corpo- 


Acts,  1908.  — Chap.  590.  597 

ration  since  the  last  regular  meeting  for  services,  fees  or 
otherwise,  to  a  member  of  the  board  of  trustees  or  to  any 
attorney  of  the  corporation. 

OFFICE    OF    TKUSTEE,    WHEN    VACATED. 

Section  34.     If  a  trustee  fails  both  to  attend  the  regu-  isye,  203,  §  7. 
lar  meetings  of  said  board  and  to  perform  any  of  the  duties  issli/so."  ^  ^^' 
devolving  upon  him  as  such  trustee  for  six  consecutive  \lll[  ffy  §  ^g^ 
months,  his  office  may  be  declared  by  said  board  at  the  ^^- ^  us,  §19 
next  regular  meeting  to  be  vacant.     A  record  of  such  va- 
cancy shall  be  entered  upon  the  books  of  the  corporation, 
and  a  transcript  of  such  record  shall  be  sent  by  mail  to  the 
person  whose  office  is  thus  made  vacant.     The  office  of  any 
trustee  who  takes  the  benefit  of  any  law  of  bankru|)tey  or 
insolvency,  or  of  the  oath  for  the  relief  of  poor  debtors, 
shall  thereby  be  vacated. 

TREASURER    TO    GIVE    BOND. 

Section  35.     Every  treasurer,  vice  treasurer  and  as-  igye,  203,  §  3. 
sistant  treasurer  shall  give  bond  to  the  satisfaction  of  the  p.  s.'n^6,'§  14. 
trustees  in  such  form  as  the  commissioner  may  prescribe,  |||g;  \Iq 
for  the  faithful  performance  of  his  duties  and  shall  file  \^^f  jff  |  J^ 
with  the  commissioner  an  attested  copy  thereof,  with  a  J^-^H.^^^-lo^^- 

.^  .        ,    .       .     '      .  129  Mass.  73. 

certificate  of  its  custodian  that  the  original  is  m  his  pos-  i69  Mass.  500. 
session.  Such  officer  shall  notify  the  commissioner  of  any 
change  thereafter  made  therein.  If  he  fails,  within  ten 
days  after  the  date  thereof,  to  file  a  copy  of  his  bond,  or  to 
notify  the  commissioner  of  any  change  therein,  he  shall  be 
liable  to  a  penalty  of  fifty  dollars.  The  commissioner 
shall  keep  a  record  showing  when  such  bonds  expire,  and 
the  changes  so  notified,  and,  when  in  his  judgment  it  is 
necessary  for  the  security  of  the  depositors,  he  shall  re- 
quire a  new  bond  in  such  amount  and  with  such  sureties  as 
he  may  approve.  Said  officers  shall  give  new  bonds  at 
least  once  in  five  years.  The  trustees  shall  require  bonds 
of  such  other  officers  or  employees,  and  in  such  amounts,  as 
they  may  coasider  necessary. 

where  business  may  be  transacted. 

Section  36.     Such  corporation  shall  carry  on  its  usual  lllg'Qf^'x^^- 
business  at  its  banking  house  only,  and  a  deposit  shall  not  1894!  317.  §  19. 
be  received  or  payment  on  account  of  deposits  be  made  by     '    '      ' 


598  Acts,  1908.  — Chap.  590. 

the  corjxiration  or  bv  a  person  on  its  account  in  any  other 
place  than  at  its  banking  house,  which  shall  be  in  the  city 
or  town  in  which  the  corporation  is  established ;  except 
that  the  corporation  maj,  with  the  written  permission  of 
and  under  regulations  approved  by  the  commissioner,  main- 
tain and  establish  one  or  more  branch  offices  or  depots,  for 
the  receipt  of  deposits  only,  in  the  city  or  town  in  which 
its  banking  house  is  located,  or  in  towns  not  more  than 
fifteen  miles  distant  therefrom  in  which  there  is  no  sav- 
ings bank  at  the  time  when  such  ])ermission  is  given.  The 
annual  meeting,  and  meetings  of  the  trustees  or  board  of 
investment  of  such  corporation,  may  be  held  at  any  place 
in  the  city  or  town  in  which  its  banking  house  is  located. 

ANNUAL    REPORT    TO    COMMISSIONER, 

R.  s.'sG,  §82. '  Section  37.  The  treasurer  of  such  corporation  shall, 
G*  s.'57,'§  148.  annually  within  twenty  days  after  the  last  business  day  of 
§§*^8,'9.^'^'  '"*'  October,  make  a  report  to  the  commissioner  in  such  form  as 
186?!  203!  I  l'  ^^®  ™^y  prescribe,  showing  accurately  the  condition  of  such 
ifes^'ilts  68  corporation  at  close  of  business  on  that  day,  specifying  the 
1877'  159'  ^  '^"  following  particulars :  name  of  corporation  and  names  of 
P-  s.  116  §  40.  corporators  and  officers ;  place  where  located ;  amount  of 
1894!  317.  §42   deposits ;  amount  of  each  item  of  other  liabilities;  public 

K.L   113,  §47.    p         T       .       1      ,.  11   TT    •       1    o  • 

1902, 169.  §  2.  timds,  including  all  United  fetates,  state,  county,  city,  town 
and  district  bonds ;  railroad  bonds,  street  railway  bonds, 
telephone  bonds,  and  stock  in  banks  and  trust  companies, 
stating  each  particular  kind,  and  the  par  value,  estimated 
market  value  and  amount  invested  in  each ;  loans  to  coun- 
ties, cities,  towns  or  districts ;  loans  on  mortgage  of  real 
estate;  loans  on  personal  security,  stating  amount  of  each 
class  separately ;  estimated  value  of  real  estate,  and  amount 
invested  therein ;  cash  on  deposit  in  banks  and  trust  com- 
panies, with  the  names  of  such  banks  and  trust  companies 
and  the  amount  deposited  in  each  ;  cash  on  hand ;  the  whole 
amount  of  interest  or  profits  received,  and  the  rate  and 
amount  of  each  semi-annual  and  extra  dividend  for  the 
previous  year;  the  times  for  the  dividends  fixed  by  the 
by-laws;  the  rates  of  interest  received  on  loans;  the  total 
amount  of  loans  bearing  each  specified  rate  of  interest ;  the 
number  of  outstanding  loans  which  are  of  an  amount  not 
exceeding  three  thousand  dollars  each,  and  the  aggregate 
amount  of  the  same;  the  number  of  open  accounts;  the 


Acts,  1908.  — Chap.  590.  599 

number  and  amonnt  of  deposits  received ;  the  nnmber  and 
amount  of  withdrawals;  the  number  of  accounts  opened 
and  the  number  of  accounts  closed,  severally,  during  the 
previous  year ;  and  the  annual  expenses  of  the  corporation, 
together  with  such  other  information  as  the  commissioner 
may  require.  The  president,  treasurer  and  auditing  com- 
mittee shall  certify  and  make  oath  that  such  reports  are 
correct  according  to  their  best  knowledge  and  belief. 

ADDITIONAL    STATEMENTS    MAY    BE    REQUIRED. 

Section  38.      Such  report  shall,  in  the  year  nineteen  i879,  285,  §  2. 
hundred  and  nine,  and  in  each  fifth  year  thereafter,  also  p.  s.'ne.'Mi. 
state  the  number  and  amount  of  deposits  of  fifty  dollars  iloo;!!'' 
and  less,  of  those  exceeding  fifty  dollars  and  not  more  than  ^'-^l'  HI'  |  4^; 
one  hundred  dollars,  of  those  exceeding  one  hundred  dol- 
lars and  not  more  than  two  hundred  dollars,  of  those  ex- 
ceeding tw^o  hundred  dollars  and  not  more  than  five  hundred 
dollars,  of  those  exceeding  five  hundred  dollars  and  less 
than  one  thousand  dollars,  of  those  of  one  thousand  dollars 
or  more ;  and  of  those  to  the  credit  of  women,  both  adults 
and  minors,  guardians,  religious  and  charitable  corpora- 
tions, and  in  trust,  respectively,  received  during  the  twelve 
months  last  preceding. 

A    RETURN    TO    BE    MADE    OF    UNCLAIMED    DEPOSITS. 

Section  39.     The  treasurer  of  such  corporation  shall,  }?^I'?J?-.^^ 

•    1  •  1  f  111-  1  c    /-v         1  1894,  317,  i)  45. 

withm  twenty  days  after  the  last  business  day  of  October  R-  l-  ii3,  §  so. 
in  the  year  nineteen  hundred  and  twelve  and  in  every  fifth 
year  thereafter,  return  to  the  commissioner  a  sworn  state- 
ment of  the  name,  the  amount  standing  to  his  credit,  the 
last  known  residence  or  post  office  address,  and  the  fact  of 
death,  if  known  to  him,  of  each  depositor  who  shall  not 
have  made  a  deposit  therein  or  withdrawn  therefrom  any 
part  of  his  deposit,  or  any  part  of  the  interest  thereon, 
during  the  twenty  years  last  preceding  such  last  business 
day  of  October ;  he  shall  also  give  notice  of  such  deposits  in 
one  or  more  newspapers  published  in  or  nearest  to  the  city 
or  towii  in  which  such  corporation  is  located,  and  in  one  or 
more  newspapers  published  in  or  nearest  to  the  city  or 
town  in  which  the  depositor  was  last  kno^vn  to  reside, 
at  least  once  a  week  for  three  successive  weeks ;  but  the 
provisions  of  this   section   shall   not   apply  to   a   deposit 


GOO  Acts,  1908.  — Chap.  590. 

made  by  or  in  the  name  of  a  person  known  to  an  officer 
of  the  corporation  to  be  living,  to  a  deposit  the  dej^osit 
book  of  which  has  during  such  period  been  brought  into 
the  bank  to  be  verified  or  to  have  interest  added,  or  to  a- 
deposit  which,  with  the  accumulations  thereon,  shall  be  less 
than  twentv-tive  dollars.  The  treasurer  of  a  savings  bank 
who  neglects  or  refuses  to  make  the  sworn  return  required 
by  this  section  shall  be  punished  by  a  fine  of  one  hundred 
dollars.  The  commissioner  shall  incorporate  in  his  annual 
report,  or  in  a  supplementary  report,  each  return  made  to 
him  as  provided  in  this  section. 

LOST    PASS  BOOKS. 

booki'^^^  Section  40.     When  a  pass  book  issued  by  such  corpo- 

ration has  been  lost  or  destroyed,  the  person  in  whose  name 
such  book  was  issued,  or  his  legal  representatives,  may 
make  written  application  to  such  corporation  for  payment 
of  the  amount  of  the  deposit  represented  by  said  book  or 
for  the  issuance  of  a  duplicate  book  therefor,  and  shall 
give  public  notice  of  such  application  by  advertising  the 
same  at  least  once  a  week  for  three  successive  weeks  in  a 
newspaper  published  in  or  nearest  to  the  city  or  tovsm  in 
which  such  corporation  is  located.  If  said  book  shall  not 
be  presented  to  such  corporation  within  three  months  after 
the  date  of  the  first  advertisement,  as  aforesaid,  the  cor- 
poration shall,  upon  proof  that  notice  has  been  given,  as 
hereinbefore  provided,  pay  the  amount  due  on  said  book 
or  issue  a  duplicate  book  therefor,  and  upon  such  payment 
or  delivery  of  a  new  book  all  liability  of  the  corporation 
on  account  of  the  original  book  shall  terminate. 

COPIES  FROM  RECORDS,  ETC.,   TO   BE   COMPETENT  EVIDENCE. 

1894;  317.  §  49.  Section  41.  Copics  froiu  the  records,  books  and  ac- 
R.  L.  113,  §  54.  fjoiints  of  such  corporation  shall  be  competent  evidence  in 
all  cases,  equally  with  the  originals  thereof,  if  there  is 
annexed  to  such  copies  an  affidavit  taken  before  a  clerk 
of  a  court  of  record  or  notary  public,  under  the  seal  of 
such  court  or  notary  public,  stating  that  the  affiant  is  the 
officer  having  charge  of  the  original  records,  books  and 
accounts,  and  that  the  copy  is  true  and  correct  and  is 
full,  so  far  as  it  relates  to  the  subject-matter  therein  men- 
tioned. 


§53. 


Acts,  1908.  — Chap.  590.  601 


TRIAL    BALANCE. 

Section  42.     At  least  once  in  each  of  its  fiscal  years  i889,  ss. 
such  corporation  shall  make  an  accurate  trial  balance  of  r.  l!ii3;§52! 
its  depositors'  ledger. 

BOOKS    OF    DEPOSIT    TO    BE    VERIFIED. 

Section  43.    Durino:  one  or  more  of  the  first  ten  months  igss,  40 

«     ,  .  /=>  1        ,.  1        1  •     1     1894,  317,  §  47. 

of  the  year  nineteen  hundred  and  ten  and  ol  each  third  i896,  ws 
year  thereafter  such  corporations  shall  call  in  the  books 
of  deposit  of  their  depositors  for  verification,  under  rules 
to  be  prescribed  by  their  respective  boards  of  investment, 
duly  approved  by  the  commissioner. 

NO   OFFICER,    ETC.,    TO   BORROW    FUNDS   OF    CORPORATION    OR 
BECOME    SURETY. 

Section  44.      No  president,   treasurer,   member   of   a  i834,  i90,  §  9. 
board  of  investment  or  officer  of  such  corporation  charged  1858',  48'. 
with  the  duty  of  investing  its  funds  shall  borrow  or  use  any  liriVdS^,  i^s.' 
portion  thereof,  be  surety  for  loans  to  others  or,  directly  or  ^^^|;  f o|_'  |  ^O; 
indirectly,  whether  acting  individually  or  as  trustee  hold-  \^^^-  ^^i,-    ^^ 
ing  property  in  trust  for  another  person,  be  an  obligor  for  R.  l.  lis,  §27. 
money  borrowed  of  the  corporation ;  and  if  such  member 
or  officer  hereafter,  either  individually  or  as  trustee  hold- 
ing property  in  trust  for  another  person,  becomes  the  owner 
of  real  estate  upon  which  a  mortgage  is  held  by  the  corpo- 
ration, his  office  shall  become  vacant  at  the  expiration  of 
sixty  days  thereafter  unless  he  has  ceased  to  be  the  owner 
thereof  or  has  caused  said  mortgage  to  be  discharged  or 
assigned.     The  provisions  of  this  section  shall  not  apply 
to  any  loans  now  held  by  such  corporation,  or  to  renewals 
thereof,  or  to  the  deposit  of  money,  as  provided  in  section 
sixty-eight,  in  banks  or  trust  companies  of  which  one  or 
more  trustees  or  officers  of  such  corporation  are  directors. 

SAVINGS  BANKS,  ETC.,  NOT  TO  RECEIVE  BROKERAGE,  ETC.,  ON 
ACCOUNT    OF    A    LOAN. 

Section  45.     Such  corporation,  or  a  person  acting  in  1872,293, 

its  behalf,  shall  not  directly  or  indirectly  negotiate,  take  or  is76,^203,  §  11. 

receive  a  fee,  brokerage,  commission,  gift  or  other  consid-  fsQ^',  317,  |  23! 

eration  for  or  on  account  of  a  loan  made  by  or  on  behalf  of  ^-  ^-  ^^^-  ^  ^^- 


G02  Acts,  1908.  — Chap.  590. 

such  corporation,  other  than  appears  on  the  face  of  the 
note  by  wliieh  such  loan  purports  to  be  made;  but  the  pro- 
visions of  this  section  sliall  not  aj)plv  to  a  reasonable  charge 
for  services  in  the  examination  of  real  estate  or  titles,  and 
the  preparation  of  conveyances  to  such  corporation  as  se- 
curity for  its  loans.  Whoever  violates  a  provision  of  this 
section  shall  be  punished  by  a  fine  of  not  more  than  one 
thousand  dollars  or  by  imprisonment  for  not  more  than  one 
year,  or  by  both  such  fine  and  imprisonment. 

PART  IV.  —  DEPOSITS. 

AMOUNT    OF    DEPOSITS    LIMITED. 

1834, 190,  §  6.        Section  46.     Such  corporation  may  receive  on  deposit 

R.  S.  36,  §  77.       .  ^  ,  ,   -^  T     1    n  1 

G.  s.  57,  §  141.  Irom  any  person  not  more  than  one  thousand  dollars ;    and 

1874,  393.  11  •  .  11-  1  1         • 

1875, 100.         mav  allow  interest  upon  such  deposits,  and  upon  the  in- 
p.'s.'fi6.'§  19.  terest  accumulated  thereon,  until  tlie  principal,  with  the 
§  i.  ■     '       '    accrued   interest,    amounts   to   two   thousand   dollars ;    and 
r.^l!  113,'  I  is!  thereafter  upon  no  greater  amount  than  two  thousand  dol- 
lars ;  but  the  provisions  of  this  section  shall  not  apply  to 
deposits  by  a  religious  or  charitable  corporation  or  labor 
union,  or  in  the  name  of  a  judge  of  probate,  or  by  order 
of  any  court,  or  on  account  of  a  sinking  fund  of  a  city  or 
town  in  this  commonwealth. 


WHEN    DEPOSITOR    IS    TO    BE    NOTIFIED. 

1876  ^oi'  f  -u  Section  47.  The  treasurer  of  such  corporation,  at  least 
P- ^- 116, 1 33.  once  in  each  year,  shall  send  notice  by  mail  to  each  de- 
ft, l!  113!  §  4o!  positor  who  for  the  six  months  last  preceding  has  not  been 
entitled  to  a  dividend  on  the  whole  amount  standing  to  his 
credit  because  the  same  exceeds  the  amount  on  which 
interest  is  allowed,  specifying  the  amount  not  entitled  to 
dividend. 

IF   deposit    is    made    in    trust,    name    AND    RESIDENCE    OF 
BENEFICIARY    TO    BE    DISCLOSED. 

1876, 203, 1  20.       Section  48.     If  a  deposit  is  made  with  such  corpora- 

P.  b.  lib,  §  3-'.       .  ,  ^  p  IT  ^  J 

1894, 317,  §  34.  tion   Dv  ouc  person  in  trust  tor  another,   the  name  and 

R.  L.  113   ^  39.  .        ''  .      , 

142  Mass.'  i.    '  residence  of  the  person  for  whom  it  is  made  shall  be  dis- 

164  Mms!  583!    closed,  and  it  shall  be  credited  to  the  depositor  as  trustee 

for  such  person ;  and  if  no  other  notice  of  the  existence 


Acts,  1908.  — Chap.  590.  603 

and  terms  of  a  trust  has  been  given  in  writing  to  the  cor- 
poration, the  deposit,  with  the  interest  thereon,  may  in 
case  of  the  death  of  the  trustee  be  paid  to  the  person  for 
whom  such  deposit  was  made,  or  to  his  legal  representa- 
tive ;  or  if  such  deposit  does  not  exceed  fifty  dollars,  it  may 
be  paid  to  a  minor  or  to  either  of  the  parents  of  such  minor, 
and  the  same  shall  be  a  valid  payment. 

DEPOSITOR   MAY   SET    OFF  AMOUNT   OF   HIS   DEPOSIT   IN   PRO- 
CEEDINCiS   BY   THE    CORPORATION. 

Section  49.     A  person  indebted  to  such  corporation,  isys,  26i,  §  i. 
whether  his    indebtedness   is   secured   or   not,   may,    in   a  fsM,  317, 1 32! 
proceeding  for  the  collection  thereof  or  for  the  enforce-  fos^Wass.' Ii¥' 
ment  of  any  security  therefor,  recoup  or  set  off  the  amount  129  Mass.  528. 
of  a  deposit  held  and  owned  by  him  at  the  time  of  the 
commencement  of  such  proceeding,  and  of  the  interest  due 
thereon,    except   a    deposit   purchased   or    acquired    from 
another  after  the  commencement  of  proceedings  in  equity 
to  restrain  the  corporation  from  doing  its  actual  business, 
and  the  provisions  of  section  three  of  chapter  one  hundred 
and  seventy-four  of  the  Revised  Laws  shall  not  apply  to 
such  set-off;  but  a  judgment  shall  not  be  rendered  against 
such  corporation  in  favor  of  the  defendant  or  defendants 
for  any  balance  found  due  from  the  plaintiff  if  such  cor- 
poration is  under  perpetual  injunction,  as  provided  in  sec- 
tion nine  of  this  act. 

interpleader. 

Section  50.     If,  in  an  action  against  such  corporation  is76, 203,  §  19. 
for  money  on  deposit  therewith,  it  appears  that  the  same  Rs\'n6,"§3i. 
fund  is  claimed  by  another  party  than  the  plaintiff,  whether  ^^i'  fH'  1 1|; 
by  the  husband  or  wife  of  the  plaintiff,  or  otherwise,  the  jjoMass'^eo 
court  in  which  such  action  is  pending,  on  the  petition  of  162  Mass.  457. 
the  corporation  and  on  such  notice  to  the  plaintiff"  and  to 
such  claimants  as  the  court  considers  proper,  may  order 
the  proceedings  to  be  amended  by  making  such  claimants 
defendants  thereto ;  and  thereupon  the  rights  and  interests 
of  the  several  parties  in  and  to  said  funds  shall  be  heard 
and  determined.     Such  deposits  may  remain  with  the  cor- 
poration until  final  judgment,  and  shall  be  paid  in  accord- 
ance with  the  order  of  the  court,  or  may  be  paid  into  court 
to  await  final  judgTiient;  and  when  so  paid  into  court, 


604  Acts,  1908.  — Chap.  590. 

the  action  shall  be  discontinued  as  to  such  corporation  and 
its  liability  for  such  deposit  shall  cease.  The  taxable  costs 
of  the  corporation  in  such  actions  shall  be  in  the  discretion 
of  the  court,  and  may  be  charged  upon  the  fund. 

SPECIAL    TRUST    FUNDS. 

Special  Trust  Fund  for  Parks,  Shade  Trees,  etc. 
k^'^?',Vi'  I  h        Section  51.    Such  corporation  may  receive  on  deposit  to 

p.  S.  116,  §  35.  P         1       .  f.  1  c  • 

1894, 317,  §  37.  auy  aiiiouut  lunds  m  trust  lor  the  purpose  ol  setting  out 
153 Mass.' 467.  shadc  trccs  in  streets  and  parks  and  improving  the  same; 
163  as3.  .  ^^^,  purchasing  land  for  parks  or  playgrounds  and  improv- 
ing the  same ;  for  maintaining  cemeteries  or  cemetery  lots 
or  for  erecting  and  maintaining  drinking  fountains  in  pub- 
lic places.  Such  funds  shall  be  placed  on  interest  in  such 
corporation,  and  the  interest  and  dividends  arising  there- 
from shall  be  paid  semi-annually  to  such  city,  town  or 
cemetery  authorities  as  may  be  designated  by  the  donors 
of  said  funds  or  by  the  w\\\  of  the  person  bequeathing  the 
same,  and  shall  be  expended  by  such  authorities  within 
their  respective  cities,  towns  or  cemeteries  for  any  or  all 
of  said  purposes,  as  may  be  specified  by  such  donors  or 
such  will.  Xo  part  of  the  principal  of  such  funds  shall  be 
withdrawn  or  expended,  and  the  same  shall  be  exempt 
from  attachment  or  levy  on  execution. 

Probate   Court  may  authorize  Executors  to  deposit  Such 

Funds. 

}?V'}^x-.n.        Section  52.     A  judge  of  probate,  after  notice  and  a 

p.  b.  116,  s  36.  .  1         •  1       •     • 

1894, 317,  §  38.  iK^arino:,    may    authorize    an    executor,    administrator    or 

R.   L   113   5  43 

139  Mass.' 353.'  trustce  holding  money  or  other  personal  property  for  any 
of  the  purposes  mentioned  in  the  preceding  section,  to 
deposit  such  money,  or  the  avails  arising  from  such  per- 
sonal property,  in  any  such  cor  juration  designated  by  the 
judge,  to  be  held  by  it  in  the  manner  and  for  the  uses  and 
purposes  mentioned  in  said  section  and  upon  the  trusts 
upon  which  the  executor,  administrator  or  trustee  held  the 
same;  and  upon  the  deposit  of  such  money  and  its  receipt 
and  acceptance  by  such  corporation  the  executor,  admin- 
istrator or  trustee  shall  be  discharged  from  further  care 
and  responsibility  therefor. 


153  Mass.  467. 


Acts,  1908.  — Chap.  590.  605 


Statement  of  Amount  of  Such  Funds  to  he  made  Evei-y 
Third  Year. 

Section  53.     The  funds  held  in  accordance  with  the  isrs,  i7i,  §  2^ 
two  preceding  sections  shall  be  known  as  the  "  Shade  Tree  1894,317, 1  39! 
and  Cemetery  Fund  ",  and  the  treasurer  of  the  corporation  ^-  ■""■  ^^^'  ^  "*'*• 
with  which  they  are  deposited  shall  give  a  receipt  therefor 
to  the   depositor,   and  shall  send  by  mail   or  deliver  in 
January  in  each  third  year  after  the  first  deposit  to  the 
mayor  of  a  city  or  the  chairman  of  the  selectmen  of  a 
town  within  the  limits  of  which  the  interest  and  dividends 
of  such  fund   are  to  be  expended   a  written   statement, 
signed   by   sucli   treasurer,   of   the   amount   of   funds   on 
deposit  for  the  purposes  aforesaid,  which  shall  be  recorded 
in  the  office  of  the  clerk  of  such  city  or  town. 

When  Funds  are  to  he  transferred. 

Section  54.     If  a  corporation  holding  such  fund  sur-  1875, 174,  §  3. 
renders  its  charter  or  ceases  to  do  business,  the  supreme  fs94,^3\^7,\^46. 
judicial  court  may  order  said  fund  to  be  transferred  and  ^-  ^-  ^^^'  ^  ^^• 
deposited    in   another   such   corporation,    upon    the    same 
trusts ;  and  if  the  laws  authorizing  such  corporations  are 
repealed,  the  court  may  order  such  fund  to  be  transferred 
and  deposited  in  such  banking  institutions  as  it  may  find 
proper,  to  be  held  upon  the  trusts  aforesaid. 

UNCLAIMED    DEPOSITS. 

Deposits  hy  Order  of  the  Court. 

Section  55.  The  probate  court,  court  of  insolvency  or  jgsg,  449.  §  2. 
other  court,  respectively,  shall,  upon  the  application  of  a  j^^^l!  us!  §  To'. 
person  interested  or  of  the  attorney-general,  and  after 
public  notice,  order  and  decree  that  all  amounts  of  money 
heretofore  or  hereafter  deposited  with  such  corporation,  by 
authority  of  any  of  said  courts  or  of  any  judge  thereof,  and 
which  shall  have  remained  unclaimed  for  more  than  five 
years  from  the  date  of  such  deposit,  with  the  increase  and 
proceeds  thereof,  shall  be  paid  to  the  treasurer  and  re- 
ceiver general,  to  be  held  and  used  by  him  according  to 
law,  subject  for  fifteen  years  only  to  be  repaid  to  the 
person  having  and  establishing  a  lawful  right  thereto,  with 


606  Acts,  1908.  — Chap.  590. 

interest  at  the  rate  of  three  per  cent  per  annum  from  the 
time  when  it  is  so  paid  to  said  treasurer  to  the  time  when 
it  is  paid  over  by  him  to  such  person. 

Undainied  Deposits  to  be  paid  to  Treasurer  and  Receiver 

General. 

1907.340.  §  1.  Section  56,  The  probate  court  shall,  upon  the  applica- 
tion of  the  attorney-general  and  after  public  notice,  order 
and  decree  that  all  amounts  of  money  heretofore  or  here- 
after deposited  with  any  savings  bank  or  trust  company 
to  the  credit  of  depositors  who  have  not  made  a  deposit  on 
said  account  or  withdrawn  any  part  thereof  or  the  interest, 
or  on  whose  pass  books  the  interest  has  not  been  added, 
which  shall  have  remained  unclaimed  for  more  than  thirty 
years  after  the  date  of  such  last  deposit,  withdrawal  of  any 
part  of  principal  or  interest,  or  adding  of  interest  on  the 
pass  book,  and  for  which  no  claimant  is  known  or  the 
depositor  of  it  cannot  be  found,  shall,  with  the  increase 
and  proceeds  thereof,  be  paid  to  the  treasurer  and  receiver 
general,  to  be  held  and  used  by  him  according  to  law,  sub- 
ject to  be  repaid  to  the  person  having  and  establishing  a 
lawful  right  thereto,  with  interest  at  the  rate  of  three  per 
cent  per  annum  from  the  time  when  it  was  so  paid  to  said 
treasurer  to  the  time  when  it  is  paid  over  by  him  to  such 
person. 

IIow  such  Deposits  may  he  reclaimed. 

1907. 340.  §  2.  Section  57.  Any  person  claiming  a  right  to  ftioney 
deposited  with  the  treasurer  and  receiver  general  under 
the  provisions  of  either  of  the  two  preceding  sections,  or 
of  section  sixteen  of  chapter  one  hundred  and  sixteen  of 
the  Revised  Laws,  and  acts  in  amendment  thereof  and  in 
addition  thereto,  may  establish  the  same  by  a  petition  to 
the  superior  court  as  provided  in  section  one  of  chapter 
two  hundred  and  one  of  the  Revised  Laws,  as  amended  by 
section  one  of  chapter  three  hundred  and  seventy  of  the 
acts  of  the  year  nineteen  hundred  and  five. 

Receivers  to  deposit   Unclaimed  Money. 

1881. 70.  Section  58.     Receivers  of  insolvent  savings  banks,  at 

18S2,  77.'       "  the  expiration  of  one  year  after  the  final  settlement  ordered 
lilt;  72^'         by  the  court,  shall  report  to  the  court  the  names  and  resi- 


Acts,  1908.  — Chap.  590.  607 


dences,  if  knoT\Ti,  of  the  persons  entitled  to  money  or  divi-  ^^l[  fH'  |  f^; 
dends  from  the  estate  of  such  corporations  remaining  in 
their  hands  uncalled  for,  with  the  amount  due  to  each. 
The  court  shall  thereupon  order  a  notice  to  be  given  by 
the  receivers,  and,  upon  the  expiration  of  one  year  after 
the  time  of  giving  such  notice,  the  receivers  shall  in  like 
manner  report  the  amounts  still  uncalled  for.  Unless 
cause  shall  appear  for  decreeing  otherwise,  such  amounts 
shall  then  be  ordered  to  be  paid  into  the  treasury  of  the 
commonwealth,  and  schedules  sig-ned  by  the  receivers  shall 
at  the  same  time  be  deposited  with  the  treasurer  and  re- 
ceiver general  and  auditor,  setting  forth  the  decree  of  the 
court  and  the  names  and  residences,  so  far  as  known,  of 
the  persons  or  parties  entitled  thereto  alphabetically  ar- 
ranged, and  the  amount  due  to  each.  The  auditor  shall 
forthwith  cause  notice  of  such  deposit  to  be  mailed  to 
such  persons,  and,  upon  certification  by  him  that  a  claimant 
is  entitled  to  any  part  of  said  deposit,  it  shall  be  paid  in 
the  same  manner  as  other  claims  against  the  common- 
wealth. Upon  the  payment  into  the  treasury  of  the  com- 
monwealth of  such  unclaimed  money  or  dividends,  the 
receivers  shall  deposit  with  the  commissioner  all  books 
and  papers  of  such  insolvent  savings  banks,  including  those 
relative  to  their  receivership,  which  shall  be  preserved 
by  him. 

GUAKANTY    FUND    AXD    DIVIDEND. 

Guaranty  Fund  to  be  created  and  maintained. 

Section  59.    Such  corporation  shall  immediately  before  isyo,  203,  §  13. 
making  each  semi-annual  dividend  set  apart  as  a  guaranty  fsli/sW^^ls. 
fund  from  the  net  profits  which  have  accumulated  during  ^©p.^l^'o^  ^*^" 
the  six  months  last  preceding  not  less  than  one  eighth  nor  303, 538.] 
more  than  one  fourth  of  one  per  cent  of  the  whole  amount 
of   deposits,   until   such   fund   amounts   to   five   per  cent 
thereof,   and  no   additions  to  it  shall  be  made  when  it 
amounts  to  five  per  cent,  or  more,  thereof.     Such  fund 
shall  thereafter  be  held  to  meet  contingencies  or  losses  in 
its  business  from  depreciation  of  its  securities,  or  other- 
wise.    When  such  fund  amounts  to  less  than  five  per  cent 
of  the  whole  amount  of  deposits,  no  losses  shall  be  met 
therefrom  except  upon  written  approval  of  the  commis- 
sioner. 


608  Acts,  1908.  — Chap.  590. 

Manlier  of  Division   of  Income. 

r1I'36^'si^°'  Section  60.  The  income  of  such  corporation,  after 
1859, 181  §^1.  deducting  the  reasonable  expenses  incurred  in  the  manage- 
1S76, 203!  §  14.  ment  thereof,  the  taxes  paid  to  the  commonwealth,  and 

p.  S.  116,  ^  2.5.  ^ 

1894, 317,  §  26!  the  amounts  set  apart  for  the  guaranty  fund,  shall  be 
R.  l!  113,'  §  31.  divided  among  its  depositors,  or  their  legal  representatives, 
at  times  fixed  by  its  by-laws,  in  the  following  manner:  an 
ordinary  dividend  shall  be  declared  every  six  months  from 
income  which  has  been  earned,  and  which  has  been 
collected  during  the  six  months  next  preceding  the  date  of 
such  dividend,  except  that  there  may  be  appropriated  from 
the  earnings  remaining  undivided  after  declaration  of  the 
preceding  semi-annual  dividend  an  amount  sufficient  to 
declare  an  ordinary  dividend  at  a  rate  not  in  excess  thereof ; 
but  the  total  dividends  declared  during  any  twelve  months 
shall  not  exceed  the  net  income  of  such  corporation  actually 
collected  during  such  period,  except  upon  written  ap]>roval 
of  the  commissioner.  Dividends  shall  be  treated  as  de- 
posits, and  if  not  withdrawn  shall  be  considered,  in  com- 
puting the  dividend  next  following,  as  having  been  on 
deposit  for  the  preceding  six  months.  Ordinary  dividends 
shall  not  exceed  two  and  one  half  per  cent  on  all  amounts 
which  have  been  on  deposit  for  the  six  months  last  pre- 
ceding, or  one  and  one  fourth  per  cent  on  all  amounts  which 
have  been  on  deposit  for  the  three  months  last  preceding. 
!N^o  ordinary  dividend  shall  be  declared  or  paid  except  as 
above  provided,  nor  upon  a  deposit  of  less  than  three 
months'  standing;  but  in  computing  dividends  as  afore- 
said, amounts  deposited  on  either  of  the  three  business 
days  immediately  following  the  day  on  which  de]>osits 
begin  to  draw  interest  may  be  considered  as  having  been 
on  deposit  for  three  and  six  months,  respectively.  Sucli 
corporation  may,  by  its  by-laws,  provide  that  a  di\'i(lond 
shall  not  be  declared  or  paid  on  less  than  three  dollars, 
or  on  the  fractional  part  of  a  dollar. 

Payment  of  Dividends  to  he  authorized  hy  Trustees. 

1859,189.  Section    61.      Immediately   before    a   meeting  of   the 

G.K  5V,  §  147.  trustees  called  to  consider  the  declaration  of  a  dividend,  the 
p..s.'ri6,'§  2s;  auditing  committee  shall  make  or  cause  to  be  made  an  ex- 
R-^Linsifsl:  amination  of  the  income,  profits  and  expenses  for  the  cur- 
rent   six   months,    and    shall   report   to   the   trustees   the 


Acts,  1908.  — Chap.  590.  609 

estimated  net  earnings  of  said  period.  I^o  dividend  shall 
be  paid  unless  declared  and  authorized  by  the  trustees  after 
said  examination,  and  a  copy  of  said  report  shall  be  filed 
and  preserved  with  the  records  of  the  coiiioration. 

When  Dividend  is  not  to  he  paid. 

Section  62.     If,  at  the  time  provided  by  the  by-laws  i876, 203.  §  15. 
for  making  ordinary  dividends,  the  net  income  for  the  six  p.'s.'ii6.'§  26. 
months  last  preceding,  over  and  above  the  amount  to  be  r.  l!  113,'  §  32. 
set  apart  for  the  guaranty  fund,  does  not  amount  to  one 
and  one  half  per  cent  of  the  deposits,  no  dividend  of  the 
profits  shall  be  declared  or  paid,  except  such  as  shall  be 
approved  in  writing  by  the  commissioner. 

When  Extra  Dividends  shall  be  paid. 

Section  63.     Whenever  the  guaranty  fund  and  undi-  p*"|' f °|' f  37' 
vided  net  profits  together  amount  to  ten  and  one  quarter  isss,  355'. 

1*>94   317   $  28 

per  cent  of  the  deposits  after  an  ordinary  dividend  is  de-  isge!  231! 
clared,  an  extra  dividend  of  not  less  than  one  quarter  of 
one  per  cent  shall  be  declared  on  all  amounts  which  have 
been  on  deposit  for  the  six  months,  or  not  less  than  one 
eighth  of  one  per  cent  on  all  amounts  which  have  been  on 
deposit  for  the  three  months,  next  preceding  the  date  of 
such  dividend,  and  such  extra  dividend  shall  be  paid  on 
the  day  on  which  the  ordinary'  dividend  is  paid ;  but  in  no 
case  shall  the  payment  of  an  extra  dividend  as  herein  pro- 
vided reduce  the  guaranty  fund  and  undivided  profits  to- 
gether to  less  than  ten  per  cent  of  the  deposits. 


R.  L.  113,  §  33. 


WITHDRAWAL    OF    DEPOSITS. 


Section  64.  The  principal  deposits  in  such  corpora-  1834, 190,  §  10. 
tion  may  be  withdrawn  at  such  time  and  in  such  manner  g.'  s.'  I7,"  §  147. 
as  the  by-laws  direct,  but  the  treasurer  of  such  corporation  p^^g ;  f{*|;  |  29! 
may  at  any  time  require  a  depositor  to  give  a  notice  not  ex-  ^^^^^  ^i7, 1 30. 
ceeding  ninety  days  of  his  intention  to  withdraw  the  whole  i^'i  Mass.  33. 
or  any  part  of  his  deposit.  Deposits  so  withdrawn  shall 
be  deducted  in  each  case  from  the  amounts  last  deposited. 

PAYMENT  ON  ORDER  AFTER  DEATH  OF  DRAWER. 

Section    65.      Such   corporation    may    pay   an   order,  isss,  210, 5  2. 
drawn  by  a  person  w^ho  has  funds  on  deposit  to  meet  the  r.^l!  naif  lei 
same,  notwithstanding  the  death  of  the  drawer,  if  presen- 


610  Acts,  1908.  — Chap.  590. 

tation  is  made  within  thirty  days  after  the  date  of  such 
order ;  and  at  any  time  if  the  corporation  has  not  received 
written  notice  of  the  death  of  the  drawer. 

PAYMENTS    TO    MINORS. 

1855,361^  ^g^        Section  66.    Money  deposited  in  the  name  of  a  minor 
J?l^i^,^^'-*oo^'  may,  at  the  discretion  of  the  board  of  investment,  or  of 

p.  S.  116.  §  29.        1 

1S94, 317, 1 30.  the  treasurer  if  authorized  by  said  board,  be  paid  to  such 
152 Mass." 49.  '  minor  or  to  the  person  making  such  deposit;  and  the  same 
shall  be  a  valid  payment. 

MAY    BORROW    MONEY. 

money°"°^  Section  67.     If  nccessary  to  pay  its  depositors,  such 

corporation  may,  by  vote  of  its  board  of  investment,  borrow 
money,  and  may  pledge,  as  security  therefor,  its  bonds, 
notes  or  other  securities.  A  copy  of  the  vote  of  the  board 
of  investment  shall  be  sent  forthwith  to  the  commissioner. 


PART  V.  —  INVESTMENTS. 

PggS.  m,  §  20.       Section  68.     Deposits  and  the  income  derived  there- 
R.  L.'  113,'  §  26.  from  shall  be  invested  only  as  follows :  — 

134  Mass.  177.  "^ 

FIRST    MORTGAGES    OF    REAL    ESTATE. 

R^s'36^§^78'        First.     In  first  mortgages  of  real  estate  located  in  this 
9^^\^^\ao        commonwealth  not  to  exceed  sixty  per  cent  of  the  value 

§§  142,  143.  1  (• 

1872, 293,  §  3.  of  such  real  estate :  but  not  more  than  seventy  per  cent  ol 
ci.  i,'§'i2'.  '  the  whole  amount  of  deposits  shall  be  so  invested.  If  a 
ci'.  1,'  §  23.  "  '  loan  is  made  on  unimproved  and  unproductive  real  estate, 
cL^L§^24.  ^^^'  the  amount  loaned  thereon  shall  not  exceed  forty  per  cent 
ci  hill'. ^  ~^'  f^f  the  value  of  such  real  estate.  No  loan  on  mortgage  shall 
y.  A.  G.  jjg  jnade  except  upon  written  application  showing  the  date, 
name  of  applicant,  amount  asked  for  and  security  offered, 
nor  except  upon  the  report  of  not  less  than  two  members 
of  the  board  of  investment  who  shall  certify  on  said  appli- 
cation, according  to  their  best  judgineut,  the  value  of  the 
premises  to  be  mortgaged  ;  and  such  apy>lication  shall  be 
filed  and  preserved  with  the  records  of  tlio  corporation. 

At  the  expiration  of  every  such  loan  made  for  a  period 
of  five  or  more  years  not  less  than  two  members  of  the 
board  of  investment  shall  certify  in  writing,  according  to 
their  best  judgTueiit,  the  value  of  the  premises  mortgaged; 


|1  Op.  A.  G 
434 


Acts,  1908.  — Chap.  590.  611 

and  the  premises  shall  be  revalued  in  the  same  manner 
at  intervals  of  not  more  than  five  years  so  long  as  they 
are  mortgaged  to  such  corporation.  Such  report  shall  be 
filed  and  preserved  with  the  records  of  the  corporation. 
If  such  loan  is  made  on  demand  or  for  a  shorter  period  than 
five  years,  a  revaluation  in  the  manner  above  prescribed 
shall  be  made  of  the  premises  mortgaged  not  later  than 
five  years  after  the  date  of  such  loan  and  at  least  every 
fifth  year  thereafter.  If  at  the  time  a  revaluation  is  made 
the  amount  loaned  is  in  excess  of  sixty  per  cent,  or  in  the 
case  of  unimproved  and  unproductive  real  estate  in  excess 
of  forty  per  cent,  of  the  value  of  the  premises  mortgaged, 
a  sufficient  reduction  in  the  amount  of  the  loan  shall  be 
required,  as  promptly  as  may  be  practicable,  to  bring  the 
loan  within  sixty  per  cent,  or  in  the  case  of  unimproved 
and  unproductive  real  estate  within  forty  per  cent,  of  the 
value  of  said  premises. 

PUBLIC    FUNDS. 

Second,    a.    In  the  public  funds  of  the  United  States,  or  i834,  i90.  §  7. 
of  any  of  the  ISTew  England  states.  g.'  s.'  57,'  1 142. 

1876,  203,  §  9,  cl.  2.     1881,  214.  §  2.  R.  I..  113,  §  26,  cl.  2.  a.     1S63,  175,  §  1. 

1880,  177.  P.  S.  116,  §  20,  cf.  2. 

h.    In  the  bonds  or  notes  of  a  county,  city  or  town  of  this  i894, 317,  §  21, 
commonwealth.  r.  l.  113,  §  26, 

c.  In  the  bonds  or  notes  of  an  incorporated  district  in  ^gg^  [^^ 
this  commonwealth  whose  net  indebtedness  does  not  exceed  ^-  J^}^-'''  ^  -^• 

cl.  J,,  c. 

five  per  cent  of  the  last  preceding  valuation  of  the  property 
therein  for  the  assessment  of  taxes. 

d.  In  the  bonds  or  notes  of  any  city  of  Maine,  ^ew  1904.  208. 

•  RTll*^ 

Hampshire,  Vermont,  Rhode  Island  or  Connecticut,  whose  §  26',' ci.  2.  d. 
net  indebtedness  does  not  exceed  five  per  cent  of  the  last 
preceding  valuation  of  the  property  therein  for  the  assess- 
ment of  taxes;  or  of  any  county  or  town  of  said  states 
whose  net  indebtedness  does  not  exceed  three  per  cent  of 
such  valuation ;  or  of  any  incorporated  water  district  of 
said  states  which  has  within  its  limits  more  than  five  thou- 
sand inhabitants,  and  whose  bonds  or  notes  are  a  direct 
obligation  on  all  the  taxable  property  of  such  district,  and 
whose  net  indebtedness  does  not  exceed  three  per  cent  of 
such  valuation. 

e.  In  the  legally  authorized  bonds  of  the  states  of  New  1882,  231. 
York,    Pennsylvania,   Ohio,   Indiana,   Illinois,   Michigan,  ilPllili 


1888, 

90. 

1890, 

369. 

1895, 

164. 

R.L. 

113,  §  26, 

cl.  2, 

/. 

[lOr 

,.  A.  G. 

612  Acts,  1908.  — CuAr.  590. 

Wisconsin,  Minnesota,  Missouri  and  Iowa,  and  of  the 
District  of  Columbia,  and  in  the  legally  authorized  bonds 
for  municipal  purposes,  and  in  the  refunding  bonds  issued 
Vdo.r  '^'  ^'  to  take  up  at  maturity  bonds  which  have  been  issued  for 
other  than  municipal  purposes,  but  on  which  the  interest 
has  been  fully  paid,  of  any  city  of  the  aforesaid  states 
which  has  at  the  date  of  such  investment  more  than  thirty 
thousand  inhabitants,  as  established  by  the  last  national 
or  state  census,  or  city  census  certified  to  by  the  city 
clerk  or  treasurer  of  said  city  and  taken  in  the  same 
manner  as  a  national  or  state  census,  preceding  such  in- 
vestment, and  whose  net  indebtedness  does  not  exceed  five 
per  cent  of  the  valuation  of  the  taxable  property  therein, 
to  be  ascertained  by  the  last  preceding  valuation  of  prop- 
erty therein  for  the  assessment  of  taxes ;  and  of  any  city 
of  the  aforesaid  states  or  of  any  of  the  New  England 
states  or  of  the  states  of  Maryland  and  Kentucky,  which 
has  at  the  date  of  such  investment  more  than  two  hundred 
thousand  inhabitants,  so  established,  and  whose  net  indebt- 
edness does  not  exceed  seven  per  cent  of  the  valuation  of 
the  taxable  property  therein,  established  and  ascertained  as 
above  provided. 

In  subdivisions  d  and  c  of  this  clause  the  words  "  net 
indebtedness  "  mean  the  indebtedness  of  a  county,  city, 
town  or  district  omitting  debts  created  for  supplying  the 
inhabitants  with  water  and  debts  created  in  anticipation 
of  taxes  to  be  paid  within  one  year,  and  deducting  the 
amount  of  sinking  funds  available  for  the  payment  of  the 
indebtedness  included. 

EAILROAD    BONDS. 

Massachusetts  Ba  Uron<h. 

if^Z"  111*  §  26       Third,     a.     In  the  bonds  or  notes,  issued  in  accordance 
<''-3.  c.  with  the  laws  of  this  commonwealth,  of  a  railroad  corpora- 

tion incor]X)rated  therein  the  railroad  of  which  is  located 
wholly  or  in  part  therein,  which  has  paid  in  dividends  in 
cash  an  amount  equal  to  not  less  than  four  per  cent  per 
annum  on  all  its  outstanding  issues  of  capital  stock  in  each 
fiscal  year  for  the  five  years  next  jjreceding  such  invest- 
luent,  or  in  the  first  mortgage  bonds  of  a  terminal  corpora- 
tion incorporated  in  this  common weallli  ;uid  whose  prop- 
erty is  located  therein,  which  is  owned  and  operated,  or 


Acts,  1908.  — Chap.  590.  613 

the  bonds  of  which  are  guaranteed  as  to  prinei])al  and  in- 
terest, or  assumed,  by  such  railroad  corporation.  Any 
shares  of  the  capital  stock  of  a  railroad  corporation  leased 
to  such  railroad  cor}X)ration,  which  are  owned  by  said 
lessee  corporation,  shall  not  be  considered  as  outstanding 
within  the  meaning  of  this  subdivision. 

New  England  Bailroads. 

h.     In  the  bonds  of  a  railroad  corporation  incorporated  J|^i'  ^^^  ^  ^ 

in  any  of  the  Xew  England  states,  at  least  one  half  of  the  i87|;  203.  §  9, 

railroad  of  which  is  located  in  said  states,  whether  such  issi,  214,  §  1. 

corporation  is  in  possession  of  and  is  oiDcrating  its  own  ci.  'si 

.  18S6    176 

road   or   is   leased   to   another   railroad   corporation :    pro-  issi!  ige! 
vlded,  either  that  such  bonds  shall  be  secured  by  a  first  1894;  317.'  §  21. 
mortgage  of  the  whole  or  a  part  of  the  railroad  and  rail-  fggg  i84_  §  1^ 
road  property  of  such  corporation,  or  that  if  the  railroad  ^  l'  lis,  §  26, 
and  railroad  property  of  such  corporation  are  unincum-  ?|-^'"-^  q 
bered  by  mortgage  such  bonds  shall  be  issued  under  the  i49-l 
authority  of  one  of  said  states  which  provides  by  law  that 
no  such  railroad  corporation  which  has  issued  bonds  shall 
subsequently   execute   a   mortgage   upon   its   road,   equip- 
ment and  franchise  or  upon  any  of  its  real  or  personal 
property,  without  including  in  and  securing  by  such  mort- 
gage all  bonds  previously  issued  and  all  its  pre-existing 
debts  and  liabilities,  which  provision,  so  enacted  in  such 
state,  shall  have  been  accepted  by  the  stockholders  of  such 
cor|)oration ;    and  provided,  that  such  corporation  has  paid 
in  dividends  in  cash  an  amount  equal  to  not  less  than  four 
per  cent  per  annum  on  all  its  outstanding  issues  of  capital 
stock  in  each  fiscal  year  for  the  five  years  next  preceding 
such  investment ; 

c.  In  the  first  mortgage  bonds  of  a  railroad  corpora-  iss?,  i96. 
tion  incorporated  in  any  of  the  E'ew  England  states,  the  ]^^b'  ^^^'  ^  ^' 
railroad   of  which  is  located  wholly  or  in  part  therein,  d!  3.' 6.^^' ^  ^^* 
which  have  been  guaranteed  as  to  principal  and  interest 

or  assumed  by  a  railroad  corporation  described  in  subdi- 
visions a  or  h  which  is  in  possession  of  and  is  operating 
its  own  road ; 

d.  In  the  refunding  mortgage  bonds,  as  described  in 
paragraphs  3  or  4  of  su1)division  g,  of  a  railroad  corpora- 
tion described  in  subdivision  h  or  c;  provided,  that  no 
bonds  shall  be  made  a  legal  investment  by  subdivisions  h. 


GM  Acts,  1908.  —  Chap.  590. 

c  or  d  unless  the  corporation  which  issued,  assumed  or 
guaranteed  such  bonds  has,  during  its  fiscal  year  next  pre- 
ceding the  date  of  such  investment,  paid  in  dividends  on 
its  capital  stock  an  amount  equal,  in  the  case  of  bonds 
whicli  it  has  issued  or  assiunc'd,  to  one  third  the  total 
amount  of  interest  paid  on  all  its  direct  and  assumed 
funded  indebtedness,  and  in  the  case  of  bonds  which  it 
has  guaranteed,  to  one  third  the  total  amount  of  interest 
paid  on  all  its  direct,  assumed  and  guaranteed  funded  in- 
debtedness. 

Other  BaiJ roads. 

.     DESCRIPTION    OF    CORPORATION. 

e.  In  the  mortgage  bonds,  as  described  in  any  of  the 
following  subdivisions  of  this  clause,  of  any  railroad  cor- 
poration incorj^orated  under  the  laws  of  any  of  the  United 
States : — 

Provided,  that  during  each  of  the  ten  fiscal  years  of  such 
railroad  corporation  next  preceding  the  date  of  such  in- 
vestment, — 
Substantial  H)   Such  railroad  corporation  owned  in  fee  not  less 

mileage  or  .         ^  -i  • 

dense  traffic,  tluiu  fivc  hundred  miles  of  standard  gauge  railroad,  exclu- 
sive of  sidings,  within  the  United  States,  or  if  such  corpo- 
ration owned  in  fee  less  than  five  hundred  miles  of  such 
railroad,  the  gross  earnings  of  such  corporation,  reckoned 
as  hereinafter  provided,  shall  have  been  not  less  than  fif- 
teen million  dollars; 
SauUed"'"°*  (2)  Such  railroad  corporation  shall  have  paid  the  ma- 
tured principal  and  interest  of  all  its  mortgage  indebt- 
edness ; 
dfv"den(te!^  (3)    Such  railroad  corporation  shall  have  paid  in  divi- 

dends in  cash  to  its  stockholders  an  amount  equal  to  at 
least  four  per  cent  upon  all  its  outstanding  capital  stock ; 
doTbet'^'e'yn  (^)   The  gToss  earnings  from  the  operation  of  the  prop- 

gross  earnings    ertv  of  such  railroad  corporation,  including  therein  the 

and  fixed  •  .  /.      ti  -i  i      i  i  i  i 

charges.  gross  camings  of  all  railroads  leased  and  operated  or  con- 

trolled and  operated  by  said  corporation,  and  the  gross 
earnings  from  the  sale  of  coal  from  mines  owned  or  con- 
trolled by  it,  shall  not  have  been  less  in  amount  than  five 
times  the  amoimt  necessary  to  pay  the  interest  payable 
upon  its  entire  outstanding  indebtedness,  the  rentals  of 
all  leased  lines,  and  the  interest  on  all  the  outstanding 
indebtedness  of  railroads  controlled  and  operated  which  is 


Acts,  1908.  — Chap.  590.  615 

not  owned  by  said  corporation  after  deducting  from  said 
interest  and  rentals  interest  and  dividends  received  from 
the  stocks,  bonds  or  notes  of  railroad  corporations  not  op- 
erated by  said  corporation,  which  have  been  deposited  with 
a  trustee  as  the  only  security  to  secure  the  payment  of  bonds 
or  notes  issued  by  said  corporation,  but  not  in  excess  of  the 
interest  on  said  last-named  bonds  or  notes ; 
And  further  provided,  that,  — 

( 5 )  No   bonds   shall   be   made   a   legal   investment   by  Amount  of 
subdivision  g  in  case  the  mortgage  securing  the  same  shall  pk^yiig"stock 
authorize  a  total  issue  of  bonds  which,  together  with  all  qu"red/^" 
outstanding  prior  debts  of  the  issuing  or  assuming  corpo- 
ration, including  all  bonds  not  issued  that  may  legally  be 

issued  under  any  of  its  prior  mortgages  or  of  its  assumed 
prior  mortgages,  after  deducting  therefrom,  in  case  of  a 
refunding  mortgage,  the  bonds  reserved  under  the  provi- 
sions of  said  mortgage  to  retire  prior  lien  debts  at  maturity, 
shall  exceed  three  times  the  outstanding  capital  stock  of 
said  corjx»ration  at  the  date  of  such  investment ; 

(6)  No  bonds  shall  be  made  a  legal  investment  by  sub-  Amount  of 
division  i  or  j  in  case  the  mortgage  securing  the  same  shall  paying"stock 
authorize  a  total  issue  of  bonds  which,  added  to  the  total  quired  [n  case 
debt  of  the  guaranteeing  corporation  as  defined  in  para-  bonds!'^^"*^^'^ 
graph   5,  including  therein  the  authorized  amount  of  all 
previously  guaranteed  bond  issues,  shall  exceed  three  times 

the  capital  stock  of  such  guaranteeing  corporation  out- 
standing at  the  date  of  such  investment ;  nor  in  case  at  said 
date  the  total  debt  of  the  corporation  which  issued  said 
bonds  shall  exceed  three  times  its  outstanding  capital  stock ; 
In  the  case  of  a  mortgage  executed  prior  to  the  passage 
of  this  act,  under  which  the  total  amount  of  bonds  which 
may  be  issued  is  not  specifically  stated,  the  amount  of 
bonds  outstanding  thereunder  at  the  date  of  such  invest- 
ment shall  be  considered,  for  the  purposes  of  paragraph 
5  and  of  this  paragraph,  as  the  total  authorized  issue ; 

(7)  Any  railroad  corporation  which  is  mentioned  in  certain  raii- 
subdivision  c  of  clause  fourth  of  section  twenty-six  of  chap-  ©red  as°having 
ter  one  hundred  and  thirteen  of  the  Eevised  Laws  shall  <=°"ip''«'1- 

be  considered  as  having  complied  with  all  the  requirements 
of  this  subdivision  preceding  paragraph  5  up  to  and  in- 
cluding the  fiscal  year  of  said  corporation  in  which  this  act 
is  passed. 


G16 


Acts,  1908.  — Chap.  590. 


First  mortgage 
defined. 


First  mort 
ga^e  on  rail- 
road owned  in 
fee. 


DESCRIPTION   OF    BONDS. 

Definition  of  First  Mortgage.  —  /.  Whenever  the  term 
"  first  mortgage  "  is  used  in  the  following  subdivisions,  it 
shall  mean,  unless  otherwise  qualified,  a  first  mortgage  on 
not  less  than  seventy-five  per  cent  of  the  railroad  owned  in 
fee  at  the  date  of  the  mortgage  bv  the  railroad  corporation 
on  the  railroad  of  which  said  mortgage  is  a  lien,  but  in 
no  case  on  less  than  one  hundred  continuous  miles  of 
standard  gauge  railroad,  exclusive  of  sidings :  provided, 
that,  — 

Seventy-five  per  cent  of  the  railroad  subject  to  the  lien 
of  said  mortgage  is  connected; 

For  five  years  prior  to  the  date  of  investment  therein 
all  the  railroad  subject  to  the  lien  of  said  mortgage  at  the 
date  of  execution  thereof  has  been  operated  by,  and  its 
operations  included  in,  the  operations  of  the  railroad  cor- 
poration which  issues,  assumes  or  guarantees  said  bonds ; 

The  date  of  said  mortgage  is  at  least  five  years  prior  to 
the  date  of  such  investment ;  except  that  a  first  mortgage 
given  in  substitution  for  and  not  greater  in  amount  than 
such  a  first  mortgage,  and  covering  the  same  railroad  prop- 
erty, shall  be  considered  to  be  in  accordance  with  this  re- 
quirement. 

Direct  OJdlgaiions.  —  g.  Bonds  issued  or  assumed  by 
a  railroad  corporation  described  in  subdivision  e,  which 
are  secured  by  a  mortgage  which  was  at  the  date  thereof  or 
is  at  the  date  of  such  investment :  — 

(1)  A  first  mortgage  on  a  railroad  owned  in  fee  by  the 
corporation  issuing  or  assuming  said  bonds,  except  that, 
if  it  is  not  a  first  mortgage  on  seventy-five  per  cent  of  all  ^ 
such  railroad  owned  in  fee  by  said  corporation,  it  shall  be 
a  first  mortgage  on  at  least  seventy-five  per  cent  of  the 
railroad  subject  to  the  lien  of  said  mortgage  at  the  date 
thereof;  but  if  any  stocks  or  bonds  are  deposited  with  the 
trustee  of  said  mortgage  as  part  security  therefor,  repre- 
senting or  covering  railroad  mileage  not  owned  in  fee, 
the  bonds  secured  by  said  mortgage  shall  not  become  legal 
investments  unless  said  corporation  owns  in  fee  at  least 
seventy-five  per  cent  of  the  total  mileage  which  is  subject 
to  the  lien  of  said  mortgage  and  which  is  represented  or 
covered  by  said  stocks  or  bonds ; 


Acts,  1908.  — Chap.  590.  617 

(2)  A  first  mortgage,  or  a  mortgage  or  trust  indenture  First  mortgage 
which  is  in  effect  a  first  mortgage  upon  all  the  railroad  owned "^uTfee" 
subject  to  the  lien  of  said  mortgage  or  trust  indenture  by 

virtue  of  the  irrevocable  pledge  with  the  trustee  thereof  of 
an  entire  issue  or  issues  of  bonds  which  are  a  first  lien, 
upon  the  railroad  of  a  railroad  cor]X)ration  which  is  owned 
and  operated,  controlled  and  operated  or  leased  and  oper- 
ated by  the  corporation  issuing  or  assuming  said  bonds ; 

(3)  A  refunding  mortgage  which  covers  at  least  seventy-  General 
five  per  cent  of  the  railroad  owned  in  fee  by  said  corpora-  mo'rtgagf. 
tion  at  the  date  of  said  mortgage  and  provides  for  the  re- 
tirement of  all  outstanding  mortgage  debts  which  are  a 

prior  lien  upon  said  railroad  owned  in  fee  and  covered  by 
said  refunding  mortgage  at  the  date  thereof; 

(4)  A  mortgage  upon  not  less  than  ten  per  cent  of  the  Divisional 
railroad,  exclusive  of  sidings,  owned  in  fee  at  the  date  of  mMtgagf. 
said  mortgage  by  the  corporation  issuing  or  assuming  said 
bonds,  but  in  no  case  on  less  than  five  hundred  continuous 

miles  of  standard  gauge  railroad :   provided,  that,  — 

Said  mortgage  is  a  first  or  second  lien  upon  not  less  than 
seventy-five  per  cent  of  the  total  railroad  covered  by  said 
mortgage  at  the  date  thereof,  and  which  provides  for  the 
retirement  of  all  mortgage  debts  which  are  a  prior  lien 
upon  said  railroad  owned  in  fee  and  covered  by  said  mort- 
gage, at  the  date  of  the  execution  thereof ; 

The  bonds  secured  by  said  mortgage  mature  at  a  later 
date  than,  and  cover  a  mileage  at  least  twenty-five  per  cent 
greater  than  is  covered  by,  any  of  the  bonds  secured  by  a 
prior  lien  mortgage  so  to  be  retired  ; 

The  date  of  said  mortgage  shall  be  at  least  five  years 
prior  to  the  date  of  such  investment. 

Bonds  Underlying  Refunding  Mortgages.  —  /;..  Mort-  underlying 
gage  bonds  or  bonds  secured  by  mortgage  bonds  which  are  ^°"'^^- 
a  direct  obligation  of,  or  which  have  been  assumed,  or 
which  have  been  guaranteed  by  endorsement  as  to  both 
principal  and  interest,  by  a  railroad  corporation  whose  re- 
funding mortgage  bonds  are  made  a  legal  investment  under 
jtaragraphs  3  or  4  of  sul)division  g:  provided,  that:  • — 

Said  bonds  are  prior  to  and  arc  to  be  refunded  b}^  such 
refunding  mortgage ; 

Said  refunding  mortgage  covers  all  the  real  property 
upon  which  the  mortgage  securing  said  underlying  bonds 
is  a  lien ; 


G18 


Acts,  1908.  — Chap.  5!)0. 


Guaranteed 
bonds  of 
railroad? 
operated. 


Guaranteed 
bonds  of 
railroads  not 
operated. 


In  the  case  of  bonds  so  guaranteed  or  assumed,  the  cor- 
poration issuing  said  bonds  is  owned  and  operated,  con- 
trolled and  operated,  or  leased  and  operated,  by  said 
railroad  corporation. 

Guaranteed  Ohligations. — i.  Bonds  which  have  been 
guaranteed  by  endorsement  as  to  both  principal  and  in- 
terest by  a  railroad  corporation  which  has  complied  with 
all  the  provisions  of  subdivision  e:  provided,  that, — 

Said  bonds  are  secured  by  a  first  mortgage  on  the  rail- 
road of  a  railroad  corporation  which  is  owned  and  o])ev- 
ated,  controlled  and  operated,  or  leased  and  operated,  by 
the  corporation  guaranteeing  said  bonds ; 

In  the  case  of  a  leased  railroad,  the  entire  capital  stock 
of  which,  except  shares  qualifying  directors,  is  not  owned 
by  the  lessee,  the  rental  includes  an  amount  to  be  paid  to 
the  stockholders  of  said  leased  railroad  equal  to  at  least 
four  per  cent  per  annum  upon  that  portion  of  the  entire 
capital  stock  thereof  outstanding  which  is  not  owned  by 
the  lessee. 

j.  First  mortgage  bonds  of  a  railroad  corporation  which 
has  complied  with  all  the  requirements  of  paragra])hs  2, 
'"i  and  4  of  subdivision  e,  provided  that  said  bonds  are 
guaranteed  by  endorsement  as  to  both  principal  and  in- 
terest by  a  railroad  corporation  which  has  complied  with 
all  the  requirements  of  subdivision  e  preceding  paragraph 
5,  notwithstanding  that  the  railroad  of  said  issuing  cor- 
poration is  not  operated  by  said  guaranteeing  corporation. 


Corporation 
not  to  lose 
f-redit  in 
certain  cases. 


CORPORATION    NOT   TO    LOSE    CREDIT    BY    TEMPORARY    DISTURBANCE   OE 
RELATION  OF  GROSS  EARNINGS  TO  FIXED  CHARGES. 

k.  Bonds  which  have  been  or  shall  become  legal  in- 
vestments under  any  of  the  provisions  of  this  act  shall  not 
be  rendered  illegal  although  the  corporation  issuing,  assum- 
ing or  guaranteeing  such  bonds  shall  fail  for  a  period  not 
exceeding  two  successive  fiscal  years  to  comply  with  the 
requirements  of  paragraph  4  of  subdivision  e;  but  no  fur- 
ther investment  in  the  bonds  issued,  assumed  or  guaran- 
teed by  said  corporation  shall  be  made  during  said  period. 
If  after  the  expiration  of  said  period  said  corporation  com- 
plies for  the  following  fiscal  year  with  all  the  requirements 
of  subdivision  e,  it  shall  be  regarded  as  having  complied 
therewith  during  said  period. 


Acts,  1908.  — Chap.  590.  619 


BONDS    NOT    TO    BECOME    ILLEGAL    ON    ACCOUNT    OP    CONSOLIDATION. 

I.     Bonds  which  have  been  or  shall  become  leral  invest-  Bonds  not  to 

..  ..  ^1'  in  1         become  illegal 

ments  under  any  oi  the  provisions  oi  this  act  shall  not  be  on  account  of 
rendered  illegal,  although  the  property  upon  which  they 
are  secured  has  been  or  shall  be  conveyed  to  or  legally 
acquired  by  another  railroad  corporation,  and  although  the 
corporation  which  issued  or  assumed  said  bonds  has  been 
or  shall  be  consolidated  with  another  railroad  corporation, 
if  the  consolidated  or  purchasing  corporation  shall  assume 
the  payment  of  said  bonds  and  so  long  as  it  shall  continue 
to  pay  regularly  interest  or  dividends,  or  both,  upon  the 
securities  issued  against,  in  exchange  for,  or  to  acquire  the 
stock  of  the  corporation  consolidated,  or  the  property  pur- 
chased, or  upon  securities  subsequently  issued  in  exchange 
or  substitution  therefor,  to  an  amount  at  least  equal  to 
four  per  cent  per  annum  upon  the  capital  stock,  outstanding 
at  the  time  of  such  consolidation  or  purchase,  of  said  cor- 
poration which  issued  or  assumed  said  bonds. 

CREDIT  OF   A   CORPORATION   NOT  TO   BE   LOST  BY   CONSOLIDATION. 

m.     If  a  railroad  corporation  which  has  complied  with  Credit  of  cor- 

,,,  .  j,         ■.-,..    .  ,.  ,      poration  not 

all  the  requirements  oi  subdivision  e  preceding  paragraiui  to  be  lost  by 

^  ,,!;;!  •!(•  T  -11  consolidation. 

5,  except  that  the  period  oi  compliance  is  less  than  ten, 
but  not  less  than  five  successive  years,  shall  be,  or  shall  have 
been,  thereupon  consolidated  or  merged  with,  or  its  rail- 
road purchased  and  all  of  the  debts  of  such  corporation  as- 
sumed by,  another  railroad  corporation  incorporated  under 
the  laws  of  any  of  the  United  States,  such  corporation 
so  succeeding  shall  be  considered  as  having  complied  with 
all  the  provisions  of  subdivision  e  preceding  paragraph  5 
during  those  successive  years  next  preceding  the  date  of 
such  consolidation,  merger  or  purchase  in  which  all  said 
consolidated,  merged  or  purchased  corporations,  if  consid- 
ered as  one  continuous  corporation  in  ownership  and 
possession,  would  have  so  complied :  provided,  that  said 
succeeding  corporation  shall  continue  so  to  comply  for  a 
further  period  which  shall  make  such  compliance  equiva- 
lent to  at  least  ten  successive  years,  but  which  shall  be  in 
no  case  less  than  the  two  fiscal  years  next  following  said 
consolidation,  merger  or  purchase. 


620  Acts,  1908.  — Chap.  590. 


Term  "railroad 
corporation  " 
defined. 


STREET    RAILWAY    CORPORATIONS    ARE    NOT    RAILROAD    CORPORATIONS. 

n.  In  this  act,  unless  the  context  otherwise  requires, 
"  railroad  corporation  "  means  a  corporation  which  owns 
or  is  in  possession  of  and  ojK'ratino;  a  railroad  or  railway 
of  the  class  usually  operated  by  steam  power.  Street  rail- 
way corporations  are  not  railroad  corporations  within  the 
meaning  of  this  act. 

PRESENT  INVESTMENTS  NOT  TO  BECOME  ILLEGAL. 

illl;  34s'.  Fourth.      The   provisions   of   this   act    shall   not    render 

ills'  53^"''50     illegal  the  investment  in  any  mortgages  of  real  estate  held 

f o^x  ^Pr>i' L^i    bv  such  corporation  at  the  time  of  its  passage,  nor  the  in- 

isyu,  liy.s,  oy4.      "  ^  ,  ».  . 

1894, 317,  §  21.  vestment  at  such  time  or  thereafter  m  any  issue  of  bonds 

1S96, 178;  516.  or  uotcs  dated  prior  to  its  passage,  in  which  such  corpora- 

1897,  262.         tion  was  then  authorized  to  invest,  so  long  as  such  bonds 

R.^L.' us,' §"26,  '^i'  notes  continue  to  compl}'  with  the  requirements  of  law 

h'f'f'c\h"a   ^l^*^^i  i^  force. 

^'  ^'  ^'  f-  STREET    RAILWAY    BONDS. 

1906  463'  Fifth.      In  the  bonds  of  any  street  railway  company 

ff?47-i'49  incorporated  in  this  commonwealth,  the  railway  of  which 
is  located  wholly  or  in  part  therein,  and  which  has  earned 
and  paid  in  dividends  in  cash  an  amount  equal  to  at  least 
five  i^er  cent  upon  all  its  outstanding  capital  stock  in  each 
of  the  five  years  last  preceding  the  certification  by  the  board 
of  raih^oad  commissioners  hereinafter  provided  for.  ]^o 
such  investment  shall  be  made  unless  said  company  ap- 
pears from  returns  made  by  it  to  the  board  of  railroad 
commissioners  to  have  properly  paid  said  dividends  without 
impairment  of  assets  or  capital  stock,  and  said  board  shall 
on  or  before  the  fifteenth  day  of  January  in  each  year 
certify  and  transmit  to  the  bank  commissioner  a  list  of 
such  street  railway  companies. 

Dividends  paid  by  way  of  rental  to  stockholders  of  a 
d^nds.^han  be  ^^ascd  strcct  railway  company  shall  be  deemed  to  have  been 
deemed  to  have  eamcd  and  paid  bv  said  companv  within  the  meaning  of 

been  earned.  t  •         ^  •'  .  ini 

this  clause,  provided  that  said  com])any  shall  have  annu- 
ally earned,  and  properly  paid  in  dividends  in  cash,  with- 
out impairment  of  assets  or  capital  stock,  an  amount 
equal  to  at  least  five  per  cent  upon  all  its  outstanding  cap- 
ital stock  in  each  of  the  five  fiscal  years  next  preceding  the 
date  of  the  lease  thereof. 


Acts,  1908.  — Chap.  590.  621 

If  two   or   more   street   railway   companies   have   been  Consolidation 
consolidated   by   purchase   or   otherwise   during   the    five  street"ra[iwrr 
years  prior  to  said  certification,  the  payment  severally  from  '^'"^p^'^^^^- 
the  earnings  of  each  year  of  dividends  equivalent  in  the 
aggregate  to  a  dividend  of  five  per  cent  on  the  aggregate 
capital  stocks  of  the  several  companies  during  the  years 
preceding  such  consolidation  shall  be  sufficient  for  the  pur- 
pose of  this  act. 

TELEPHONE    COMPANY    BONDS. 

Sixth.     In  the  bonds  of  anv  telephone  company  subiect  Telephone 

•  1  .  ,  company 

to  the  provisions  of  section  thirty-seven  of  chapter  four-  bonds, 
teen  of  the  Revised  Laws,  and  of  which  a  majority  of  the 
directors  are  residents  of  the  commonwealth :  — 

Provided,  that  during  each  of  the  five  fiscal  years  of 
such  telephone  company  next  preceding  the  date  of  such 
investment  — 

(1)  The  gross  income  of  such  telephone  company  shall 
have  been  not  less  than  ten  million  dollars  per  annum. 

(2)  Such  telephone  company  shall  have  paid  the  ma- 
tured principal  and  interest  of  all  its  indebtedness. 

(3)  Such  telephone  company  shall  have  paid  in  divi- 
dends in  cash  an  amount  equal  to  not  less  than  six  per 
cent  per  annum  on  all  its  outstanding  issues  of  capital 
stock. 

(4)  The  dividends  paid  on  the  capital  stock  of  such 
telephone  company  shall  not  have  been  less  than  the  total 
amount  necessary  to  pay  the  interest  upon  its  entire  out- 
standing indebtedness. 

And  further  provided,  that  such  bonds  shall  be  secured 
either  {a)  by  a  first  mortgage  upon  at  least  seventy-five 
per  cent  of  the  property  of  such  telephone  company,  or 
(h)  by  the  deposit  with  a  trust  company  incorporated 
under  the  laws  of  this  commonwealth  of  Ijonds  and  shares 
of  stock  of  other  telephone  corporations,  under  an  inden- 
ture of  trust  which  limits  the  amount  of  bonds  so  secured 
to  seventy-five  per  cent  of  the  value  of  the  securities  de- 
posited as  stated  and  determined  in  said  indenture,  and 
provided  that  during  each  of  the  five  years  next  preced- 
ing such  investment  the  annual  interest  and  dividends  paid 
in  cash  on  the  securities  deposited  have  amounted  to  not 
less  than  fifty  per  cent  in  excess  of  the  annual  interest  on 


622  Acts,  1908.  — Chap.  590. 

the  bonds  outstanding  and  secured  by  said  deposit.  Not 
more  than  two  per  cent  of  the  deposits  of  any  savings  bank 
shall  be  invested  in  the  bonds  of  telephone  companies. 

BANK    STOCKS    AND    DEPOSITS    IN    BANKS. 

1834, 190,  §7.        Seventh.     In  the  stock  of  a  banking  association  located 

R.  S.  36.  %  1^-      ,  ^  _         ~ 

1855, 294.  ^^^^  in  the  Xew  England  states  and  incorporated  under  the 
144.  I  ^  authority  of  the  United  States,  or  in  the  stock  of  a  trust 
3;  234.  '  "'  companv  incorporated  under  the  laws  of  and  doing  busi- 
is6s'.  227.  ness  within  this  commonwealth,  but  such  corporation  shall 
ci.4."  '  '  not  hold,  l)oth  by  way  of  investment  and  as  security  for 
R^s.'n6,§26,  loans,  more  than  twenty  per  cent  of  its  deposits  in  the 
188*',  224.  stock  of  sucli  associatious  or  companies,  nor  in  any  one 
1886  95^'  such  association  or  company  more  than  three  per  cent  of 

1894*  317'  §  21  i^^  de|X)sits  in,  nor  more  than  one  hundred  thousand  dol- 
R  L  113  « ''e  ^^^'^  ^^^^  more  than  one  quarter  of  the  capital  stock  of,  such 
i4i\ass.522."  ^ssociation  or  company. 

1.51  Mass.  107.  Such  Corporation  may  deix)sit  not  more  than  two  and 
one  half  per  cent  of  its  deposits  in  any  banking  association 
incorporated  under  the  authority  of  the  United  States  and 
located  in  this  commonwealth,  and  in  any  trust  company 
incorporated  in  this  commonwealth ;  but  such  deposit  shall 
not  in  any  case  exceed  five  hundred  thousand  dollars  nor 
twenty-five  per  cent  of  the  capital  stock  and  surplus  fund 
of  such  depositary. 

LOANS    ON    PERSONAL    SECURITY. 

R^s'36^§  79  Eighth.  In  loans  of  the  classes  hereafter  described,  pay- 
9o,^- ^L^  .^t^-  able  and  to  be  paid  or  renewed  at  a  time  not  exceeding 

1876,  203,  §9,  111  (.1  1  1-1 

ci._5.  one  year  from  the  date  thereof  ;  but  not  more  than  one  third 

p.  s.' 116,  §  20,  of  the  deposits  and  income  shall  so  be  invested,  nor  shall 
1884,  56, 168.  thc  total  liabilities  to  such  corporation  of  a  person,  partner- 
is94;.si7,  §  21,  ship,  association  or  corporation  for  money  borrowed  upon 
190^4,^210.  §  1.  personal  security,  including  in  the  liabilities  of  a  partner- 
134  Mass.  177.  gj^jp  qj.  company  not  incorporated  the  liabilities  of  the 
several  members  thereof,  exceed  five  per  cent  of  such  de- 
posits and  income. 

a.  A  note  which  is  the  joint  and  several  obligation  of 
three  or  more  responsible  citizens  of  this  commonwealth: 
provided,  that  the  total  liabilities  to  such  corporation  of  a 
person,   partnership   or  association,   for  money  borrowed 


Acts,  1908.  — Chap.  590.  623 

under  this  subdivision,  includino;  in  the  liabilities  of  a  Loans  on  per- 

iiiiv^v,i     iii  ^    kJi  ,  ^  (-,  ......  -    sonal  security. 

partnership  or  company  not  incorporated  the  liabilities  oi 
the  several  members  thereof,  shalJ  not  exceed  one  per  cent 
of  the  deposits  of  such  corporation. 

h.  A  note,  with  one  or  more  substantial  sureties  or 
endorsers:  (1)  Of  a  corporation  incorporated  in  this  com- 
monwealth; or  (2)  Of  a  manufacturing  corporation  with 
a  commission  house  as  surety  or  endorser,  provided  that 
such  commission  house  is  incorporated  in  this  common- 
wealth, or  has  an  established  place  of  business  and  a  part- 
ner resident  therein;  or  {o)  Of  an  association  or  corpora- 
tion at  least  one  half  of  the  real  and  personal  property  of 
which  is  located  within  the  Xew  England  states,  provided 
that  at  least  one  such  surety  or  endorser  shall  be  a  citizen 
of  or  corporation  incorjx>rated  in  this  commonwealth :  pro- 
vided, that  no  such  loan  sliall  Ije  made  or  renewed  unless 
within  eighteen  months  next  preceding  the  making  or  re- 
newing of  such  loan  an  examination  of  the  affairs,  assets 
and  liabilities  of  the  borrowing  corporation  or  association 
has  been  made,  at  the  expense  of  such  borrowing  corpora- 
tion or  association,  by  an  accountant  approved  by  the  com- 
missioner. The  report  of  such  examination  shall  be  made 
in  such  form  as  the  commissioner  may  prescribe.  A  copy 
of  the  report  certified  to  by  the  accountant  shall  be  deliv- 
ered to  the  savings  bank  before  such  loan  or  a  renewal 
thereof  is  made,  and  a  copy  so  certified  shall  be  delivered 
to  the  commissioner  within  thirty  days  after  the  comple- 
tion of  said  examination. 

c.  A  bond  or  note  of  a  gas,  electric  light,  telephone  or 
street  railway  corporation  incorporated  or  doing  business 
in  this  commonwealth  and  subject  to  the  control  and  su- 
pervision thereof:  provided,  that  the  net  earnings  of  said 
cor])oration,  after  payment  of  all  operating  expenses,  taxes 
and  interest,  as  reported  to,  and  according  to  the  require- 
ments of,  the  proper  authorities  of  the  commonwealth,  have 
been  in  each  of  the  three  fiscal  years  next  preceding  the 
making  or  renewing  of  such  loan  equal  to  not  less  than 
four  per  cent  on  all  its  capital  stock  outstanding  in  each 
of  said  years. 

d.  A  bond  or  note  of  a  railroad  corporation  which  com- 
plies with  all  the  requirements  of  subdivision  h,  or  of  sub- 
division e  preceding  paragraph  5,  of  clause  Third:  pro- 


624  Acts,  1908.  — CiiAr.  590. 

Tided,  that  the  principal  of  such  hond  or  note  described  in 

either  tliis  or  the  preceding  snl)division  is  payable  at  a  time 

not  exceeding  one  year  after  the  date  of  investment  therein. 

18S7, 196.  e.     A  note  of  a  responsible  borrower  in  such  form  as 

isoe!  ITS.'         the  commissioner  mav  approve,  with  a  pledi2;e  as  collateral 

1S99,  269.              ,^f  .  .        X  X  7 

R.  L.  113,  §  26,    01  •  

[.'m.'c?.  4,'e^' ^'       (1)   First  mortgagcs  of  real  estate  which  meet  the  re- 
1905.250.         quirements  of  clause  First;  or 

(2)  Bonds  or  notes  authorized  for  investment  by  clauses 
Second,  Third,  Fourth,  Fifth  or  Sixth  at  no  more  than 
ninety  per  cent  of  the  market  value  thereof,  at  any  time 
while  such  note  is  held  by  snch  cor]X)ration ;  or 

(3)  Deposit  books  of  depositors  in  savings  banks  at  no 
more  than  ninety  per  cent  of  the  amount  of  deposits  shown 
therein ;  or 

(4)  Shares  of  railroad  corporations  described  in  sub- 
divisions a,  b  or  e  of  clause  Third  at  no  more  than  eighty 
per  cent  of  the  market  value  thereof,  at  any  time  while 
such  note  is  held  by  such  corporation ;  or 

(5)  Such  other  bonds,  notes  or  shares  of  corporations 
or  associations  and  at  such  percentages  of  their  market 
values  as  the  board  of  investment  shall  approve :  provided, 
that,  if  the  commissioner  shall  disapprove  any  such  bonds, 
notes  or  shares,  he  shall  make  such  recommendations  in 
writing  to  the  board  of  investment  of  such  corporation  as 
the  case  may  require,  and  shall  include  in  his  annual 
report  a  statement  of  the  facts  in  each  case  in  which  such 
board  of  investment  has  not  complied  with  his  recom- 
mendations in  a  manner  satisfactory  to  him. 

/.  Whenever  used  in  this  clause,  the  word  "  associa- 
tion "  means  an  association  the  business  of  which  is  con- 
ducted or  transacted  by  trustees  under  a  written  instrument 
or  declaration  of  trust. 


BANK    BUIIJUNG. 

Jo-2' ono' J  n  Ninth.      A  sum  not  exceedinu:  the  jjuarantv  fund  and 

is/o,  2Uo,  s>  y,  ,                        . 

I' s  116  5  ■'0  ^i^^^ivided  earnings  of  such  corporation,  nor  m  any  case 

ci. '?.'      '    '  '  exceeding  five^  per  cent  of  its  deposits  or  two  hundred 

189*;  31?;  §  21.  thousand  dollars,  may,  subject  to  the  approval  of  the  com- 

]{.  L.  113.  §  26,  missioner,  be  invested  in  the  purchase  of  a  suitable  site  and 

I'-icT'Mass.  1.  tlie  erection  or  preparation  of  a  suitable  building  for  the 

u'od'Tg^'^'  convenient  transaction  of  its  business. 

420.]' 


Acts,  1908.  — Chap.  590.  625 


KEAL    ESTATE    ACQUIRED    BY    FORECLOSUKE. 

Tenth.     Such  coi-poration  may  hold  real  estate  acquired  Ifye;  lofi  ^  26. 
by  the  foreclosure  of  a  mortgage  owned  by  it,  or  by  pur-  J',;^- 1^^,  ^  20, 
chase  at  sales  made  under  the  provisions  of  such  mortgages  J||2,  |oo.^^^ 
or  upon  judgments  for  debts  due  to  it,  or  in  settlements  isse!  77^    ^^ 
effected  to  secure  such  debts.     Such  corporation  shall  sell  ci.  9.' 
all  such  real  estate  within  five  years  after  the  title  thereof  r.  l.'  iis,'  §  26, 
is  vested  in  it,  and  notwithstanding  the  provisions  of  clause  149  Mass.  4. 
First  may  take  a  mortgage  thereon  from  a  bona  fide  pur- 
chaser to  secure  the  whole  or  a  part  of  the  purchase  price ; 
but  the  commissioner  may,  upon  the  petition  of  the  board 
of  investment  of  such  corporation,  and  for  cause,  grant 
an  additional  time  for  the  sale  of  the  same  or  of  the  securi- 
ties mentioned  in  the  following  clause. 


SECURITIES    ACQUIRED    IN    SETTLEMENT    OF    INDEBTEDNESS. 

Eleventh.      Such  corporation  may  hold  stocks,   bonds,  isos,  i48. 
notes  or  other  securities  acquired  in  settlements  effected  to  ci.'io.     '       ' 
secure  loans  or  indebtedness ;  but  unless  the  time  during 
which  such  securities  may  be  held  is  extended  as  provided 
in  the  preceding  clause,  they  shall  be  sold  within  five  years 
after  being  acquired. 

PLEDGES  OF   SECURITIES  AS   COLLATERAL  TO  REMAIN   VALID. 

Twelfth.  The  provisions  of  this  act  shall  not  invali-  }|7|'94^5\^*'" 
date  or  impair  the  title  of  a  corporation  to  securities  which  p-  s'ii6,"'§  20, 
have  been  or  may  be  held  by  it  in  pledge  or  as  security  for  is94, 317,  §  21, 
a  loan  or  indebtedness ;  and  the  same  shall  be  held  for  the  r.  l.'iis,  §  26, 


purposes  for  which  they  were  pledged. 


ci.  11. 


LIST  OF  BONDS  TO  BE  PREPARED. 

Thirteenth.     N'ot  later  than  the  first  day  of  February  in  Li.st  of  bonds 
each  year  the  commissioner  shall  prepare  a  list  of  all  the  to  be  prepared, 
bonds  and  notes  which  are  then  legal  investments  under 
the  provisions  of  clauses  Third,  Fourth,  Fifth  and  Sixth. 
Said  list  shall  at  all  times  be  open  to  public  inspection  and 
a  copy  thereof  shall  be  sent  to  every  savings  bank. 


626 


Acts,  1908.  — Chap.  590. 


REPEAL. 

Repeal.  Section  09.     Chapter  one  hundred  and  thirteen  of  the 

Revised  Laws  and  amendments  tliereof ;  sections  three  and 
four  of  chapter  one  hundred  and  sixty-nine  of  the  acts  of 
the  year  nineteen  hundred  and  two ;  chapters  two  hundred 
and  four,  three  hundred  and  seventy-seven  and  sections 
one  hundred  and  forty-seven  to  one  hundred  and  fifty, 
inclusive,  of  Part  111  of  chapter  four  hundred  and  sixty- 
three  of  the  acts  of  the  year  nineteen  hundred  and  six ; 
and  chapter  three  hundred  and  forty  of  the  acts  of  the 
year  nineteen  hundred  and  seven,  are  hereby  repealed : 
provided,  that  the  repeal  of  sections  fourteen  and  thirty- 
one  of  chapter  one  hundred  and  thirteen  of  the  Revised 
Laws  shall  not  take  effect  until  the  first  day  of  January  in 
the  year  nineteen  hundred  and  ten,  and  that  the  repeal  of 
clause  Seventh  of  section  twenty-six  of  said  chapter  shall 
not  take  effect  until  the  first  day  of  November  in  the  year 
nineteen  hundred  and  eight. 


Provision?  of 
act  construed. 


Time  of  taking 
effect. 


PROVISIONS    OF    ACT    CONSTRUED. 

Section  70.  The  provisions  of  this  act,  so  far  as  they 
arc  the  same  as  those  of  existing  laws,  shall  be  construed 
as  a  continuation  of  such  laws  and  not  as  new  enactments ; 
and  the  repeal  by  this  act  of  any  provision  of  law  shall 
not  revive  any  law  heretofore  repealed  or  superseded;  nor 
shall  it  affect  any  act  done,  liability  incurred,  or  any  right 
accrued  and  established,  or  any  suit  or  prosecution,  civil  or 
criminal,  pending  or  to  be  instituted,  to  enforce  any  right 
or  penalty  or  to  punish  any  offence  under  the  authority  of 
the  repealed  laws;  and  any  person  who  at  the  time  when 
said  repeal  takes  effect  holds  office  under  any  of  the  laws 
repealed  shall  continue  to  hold  such  office  according  to  the 
tenure  thereof. 

time  of  taking  effect. 

Section  71.  The  provisions  of  this  act  shall  take  effect 
on  its  passage,  with  the  following  exceptions :  — 

Sections  twenty-eight  and  sixty  shall  take  effect  on  Jan- 
uary first  in  the  year  nineteen  hundred  and  ten. 

Clause  Eighth  of  section  sixty-eight  shall  take  effect  on 
Xovember  first  in   the  voar  nineteen  hundred   and  eight. 


Acts,  1908.  — Chap.  591.  627 

and  no  loans  on  personal  security  shall  be  made  or  re- 
newed thereafter  except  under  the  provisions  of  said  clause ; 
but  for  good  cause  and  to  prevent  loss  or  embarrassment  to 
such  corporation,  or  unnecessary  loss  or  injury  to  a  bor- 
rower therefrom,  the  commissioner  may  grant  an  addi- 
tional time  within  which  a  loan  may  be  renewed  not  in 
accordance  Avith  the  provisions  of  said  clause. 

Approved  June  S,  1908. 

An  Act  to  authorize  persons  officially  engaged  in  (J]ian.iy^\ 

SUPPRESSING    THE    GYPSY    AND    BROWN    TAIL    MOTHS    TO 
ENTER  UPON   PUBLIC    AND    PRIVATE   LAND, 

Be  it  enacted,. etc.,  as  follows: 

Section  1.     Section  three  of  chapter  three  hundred  and  1905, 38i,§3, 

.    f  _ci  CI  •  1111    etc.,  amended. 

eighty-one  01  the  acts  01  the  year  nineteen  hundred  and 
five,  as  amended  by  section  one  of  chapter  tw^o  hundred 
and  sixty-eight  of  the  acts  of  the  year  nineteen  hundred 
and  six,  is  hereby  further  amended  by  adding  at  the  end 
thereof  the  following :  - — ■  The  clerks,  assistants  and  agents 
employed  by  said  superintendent  may  at  all  times,  in  car- 
rying out  the  purposes  of  this  act,  enter  upon  the  land  of 
the  common^vealth  or  of  a  municipality,  corporation  or 
other  owner  or  owners,  —  so  as  to  read  as  follows :  —  Sec-  powers  and 
tion  3.  The  said  superintendent  shall  act  for  the  common-  perintenden't. 
wealth  in  suppressing  said  moths  as  public  nuisances,  in 
accordance  wnth  the  provisions  of  this  act.  For  this  pur- 
pose 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  in- 
dividuals under  this  act.  He  may  employ  such  clerks,  as- 
sistants and  agents,  including  expert  advisers  and  inspec- 
tors, as  he  may  deem  necessary  and  as  shall  be  approved 
by  the  governor.  He  may  make  contracts  on  behalf  of  the 
commonwealth;  may  act  in  co-operation  with  any  person, 
persons,  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 
other  lawful  means  of  suppressing  or  preventing  said 
moths ;  may  lease  real  estate  when  he  deems  it  necessary, 


628  Acts,  1908.  — Chap.  591. 

ami,  with  the  approval  of  tlio  board  in  cliarge,  may  use 
any  real  or  personal  property  of  the  commonwealth ;  may 
at  all  limes  enter  upon  the  hind  of  the  connnonwealth  or 
of  a  mnnieii)ality,  corporation,  or  (jther  owner  or  owners, 
and  may  nse  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  a('t,  exjKMid  the 
funds  appropriated  or  donated  therefor;  but  no  expendi- 
ture shall  be  made  or  liability  incurred  in  excess  of  such 
appropriations  and  donations.  The  clerks,  assistants  and 
agents  employed  by  said  superintendent  may  at  all  times, 
in  carrying  out  the  purposes  of  this  .act,  enter  upon  the 
land  of  the  commonwealth  or  of  a  municipality,  corpora- 
tion or  other  owner  or  owners, 
et'c^^aminded.  Section  2.  Scctiou  six  of  Said  chapter  three  hundred 
and  eighty-one,  as  amended  l)v  section  four  of  said  chajy 
ter  two  hundred  and  sixty-eight,  is  hereby  further  amended 
by  adding  at  the  end  thereof  the  following :  —  The  public 
officer  or  board  of  any  city  or  town  designated  or  appointed 
as  aforesaid,  or  any  agent  or  employee  of  such  public 
officer  or  board,  may  at  any  time  enter  upon  any  parcel  of 
land  within  the  limits  of  such  city  or  town  for  the  pur- 
pose of  determining  whether  or  not  such  parcel  of  land  is 
infested  with  said  moths,  or  the  extent  to  which  such  parcel 
Cities  and  of  land  is  SO  infcstcd,  —  so  as  to  read  as  follows :  —  Sec- 
ow^ners "  ""and  tioti  6.  The  mayor  of  every  city  and  the  selectmen  of  every 
nestsfe^c^  town  shall,  On  or  before  the  first  day  of  ISTovember  in  each 
year,  and  at  such  other  times  as  he  or  they  shall  see  fit, 
or  as  the  state  superintendent  may  order,  caiise  a  notice  to 
be  sent  to  the  owner  or  owners,  so  far  as  can  be  ascertained, 
of  every  parcel  of  land  therein  which  is  infested  with  said 
moths ;  or,  if  such  notification  appears  to  be  impracticable, 
then  by  posting  such  notice  on  said  parcels  of  land,  requir- 
ing that  the  eggs,  caterpillars,  pup?e  and  nests  of  said 
moths  shall  be  destroyed  within  a  time  specified  in  the 
notice. 
Parts  of  When,   in  the  opinion  of  the  mavor  or  selectmen,  the 

premises  may  ,.     i  •  -'n  i 

be  designated,  cost  of  destroying  such  cggs,  Caterpillars,  pupse  and  nests 
on  lands  contiguous  and  held  under  one  ownership  in  a 
city  or  town  shall  exceed  one  half  of  one  jx^r  cent  of  the 
assessed  value  of  said  lands,  then  a  part  of  said  ])remises 
on  which  said  eggs,  caterpillars,  pupa;  or  nests  shall  be 


Acts,  1908.  — Chap.  592.  629 

destroyed  may  be  designated  in  such  notice,  and  such  re- 
quirement shall  not  apply  to  the  remainder  of  said  prem- 
ises. The  mayor  or  selectmen  may  designate  the  manner 
in  which  such  work  shall  be  done,  but  all  work  done  under 
this  section  shall  be  subject  to  the  approval  of  the  state 
superintendent. 

If  the  owner  or  owners  shall  fail  to  destroy  such  eggs,  Lands  may  be 

.,-,  .  ,  •11  •  assessed  in  case 

caterpillars,  pupae  or  nests  m  accordance  witn  the  require-  owners  fail  to 
ments  of  the  said  notice,  then  the  city  or  town,  acting  by  etc/ 
the  public  officer  or  board  of  such  city  or  town  desiguated 
or  appointed  as  aforesaid,  shall,  subject  to  the  api^roval  of 
the  said  suijerintendent,  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 
required  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.  The  public 
officer  or  board  of  any  city  or  town  designated  or  ap- 
pointed as  aforesaid,  or  any  agent  or  employee  of  such 
public  officer  or  board,  may  at  any  time  enter  upon  any 
parcel  of  land  within  the  limits  of  such  city  or  town  for 
the  purpose  of  determining  whether  or  not  such  parcel  of 
land  is  infested  with  said  moths,  or  the  extent  to  which 
such  parcel  of  land  is  so  infested. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  8,  1908. 

Ax  Act  to  provide  for  an  additional  water  supply  (Jlinij  592 

FOR  THE  FIRE  DISTRICT  AND  INHABITANTS  OF  THE  TOWN 
OF   HUNTINGTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  fire  district  of  the  town  of  Hunting-  Huntington 
ton,  for  the  purposes  set  forth  in  chapter  three  hundred  rnfy  acquire 


and  ninety-eight,  entitled  "  An  Act  to  provide  for  a  water 


water  rights, 
etc. 


630  Acts,  1908.  — Chap.  592. 

supply  for  tlio  fire  district  and  inlial)itants  of  the  town  of 
Huntington  ",  and  for  enlarging  and  improving  its  water 
snpplv,  may  take,  or  acquire  by  purchase  or  otherwise, 
and  hold  the  waters  of  any  pond  or  stream  or  of  any  ground 
sources  of  supply  by  means  of  driven,  artesian  or  other 
wells  within  the  limits  of  the  town,  and  the  water  rights 
connected  with  any  such  water  sources,  and  may  also  take, 
or  acquire  by  purchase  or  otherwise,  and  hold  all  lands, 
rights  of  way  and  easements  necessary  for  collecting,  stor- 
ing, holding,  purifying  and  preserving  the  purity  of  the 
water  and  for  conveying  the  same  to  any  part  of  said 
Proviso.  town :  provided^  however,  that  no  source  of  water  supply 

and  no  lands  necessary  for  preserving  the  quality  of  such 
water  shall  be  taken  or  acquired  without  first  obtaining 
the  advice  and  approval  of  the  state  board  of  health,  and 
that  the  location  of  all  dams,  reservoirs  and  wells  to  be 
used  as  sources  of  water  supply  under  this  act  shall  be 
subject  to  the  approval  of  said  board, 
dams^^reser^"*  Section  2.  Said  district  may  construct  on  the  lands 
voirs.  etc.  taken  or  acquired  and  held  under  the  provisions  of  this 

act  proper  dams,  reservoirs,  standpipes,  tanks,  buildings, 
fixtures  and  other  structures,  and  may  make  excavations, 
procure  and  operate  machinery,  and  provide  such  other 
means  and  appliances  and  do  such  other  things  as  may  be 
necessary  for  the  establishment  and  maintenance  of  com- 
plete and  eifective  water  works ;  and  for  that  purpose  may 
construct  wells  and  reservoirs  and  establish  pumping  works 
and  may  construct,  lay  and  maintain  aqueducts,  conduits, 
pi|3es  and  other  works  under  or  over  any  land,  water 
courses,  railroads,  railways  and  public  or  other  ways,  and 
along  such  ways  in  said  town  in  such  manner  as  not  un- 
necessarily to  obstruct  the  same ;  and  for  the  purpose  of 
constructing,  laying,  maintaining,  o])erating  and  repair- 
ing such  conduits,  pipes  and  other  works,  and  for  all 
proper  purposes  of  this  act,  said  district  may  dig  up  or 
raise  and  embank  any  such  lands,  highways  or  other  ways 
in  such  manner  as  to  cause  the  least  hindrance  to  public 
travel  on  such  ways;  but  all  things  done  upon  any  such 
way  shall  be  subject  to  the  direction  of  the  selectmen  of 
the  town  of  Huntington.  Said  district  shall  not  enter 
upon,  construct  or  lay  any  conduits,  pipes  or  other  works 
within  the  location  of  any  railroad  corporation  except  at 


Acts,  1908.  — Chap.  592.  631 

such  time  and  in  snch  manner  as  it  may  agree  npon  with 
sncli  corporation,  or,  in  case  of  failnre  so  to  agree,  as  may 
be  approved  by  the  board  of  railroad  commissioners. 

Section  3.  Said  fire  district,  for  the  purposes  named  pj™  olftHct 
in  this  act  and  in  said  chapter  three  hundred  and  forty-  Water  Loa^n. 
four,  may  issue  from  time  to  time  bonds,  notes  or  scrip  to 
an  amount  not  exceeding  ten  thousand  dollars  in  addition 
to  the  amount  heretofore  authorized  by  law  to  be  issued 
by  said  fire  district  for  any  of  said  pur]X)ses.  Such  bonds, 
notes  or  scrip  shall  bear  on  their  face  the  words,  Hunting- 
ton Fire  District  Water  Loan,  Act  of  1908;  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  five  per  cent  per  annum ; 
and  shall  be  signed  by  the  treasurer  of  the  fire  district 
and  countersigned  by  the  chairman  of  the  prudential  com- 
mittee of  said  fire  district  and  by  the  chairman  of  the 
water  commissioners.  Said  fire  district  may  sell  such  se- 
curities at  public  or  private  sale,  or  pledge  the  same  for 
money  borrowed  for  the  purposes  of  this  act,  upon  such 
terms  and  conditions  as  it  may  deem  proper:  provided,  Proviso, 
that  such  securities  shall  not  be  sold  for  less  than  the  par 
value  thereof. 

Section  4.  Said  fire  district  shall,  at  the  time  of  an-  Payment  of 
thorizing  said  loan,  or  any  part  thereof,  provide  for  the  '°'^"'  ^"^' 
payment  thereof  in  such  annual  payments,  as  nearly  equal 
in  amount  as  practicable,  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  income  de- 
rived 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  or  scrip  issued  as  aforesaid 
by  said  fire  district,  and  to  make  such  payments  on  the 
principal  as  may  be  required  under  the  provisions  of  this 
act  shall,  without  further  vote,  be  assessed  and  collected 
by  said  fire  district  in  each  year  thereafter  as  provided  in 
said  chapter  three  hundred  and  forty-four. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  8,  1908. 


G32 


Acts,  1908. 


Chaps.  593,  59i. 


Chap.o93  An  Act  making  appkoprtatioxs  for  tke  suppression 

OF   THE   GYPSY  AND  BROWN    TAIL   MOTHS. 

Be  it  enacted,  etc.,  a^  follows: 

Section  1.  The  sums  lieroinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  purposes  specified,  to 
wit :  — 

For  the  suppression  of  the  gypsy  and  brown  tail  nujths 
in  the  year  nineteen  hundred  and  eig'ht,  and  for  ex])enses 
incidental  thereto,  a  sum  not  exceeding  one  hundred  and 
fifty  thousand  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  this  purpose. 

For  experimenting  with  parasites  or  natural  enemies 
for  destroying  said  moths,  and  for  incidental  expenses  inci- 
dent thereto,  a  sum  not  exceeding  twenty-fiye  thousand 
dollars,  in  addition  to  any  unexpended  balance  of  a  former 
appropriation  for  this  purpose. 

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

Approved  June  8,  1908. 


Appropria' 
tions. 


Suppressing 
t  he  gypsy  and 
brown  tail 
moths. 


Experimenting 
with  parasites. 


1908,  464,  §  1, 
amended. 


Chap.594:  An  Act  relative  to  exempting  from  taxation  certain 

BONDS,    NOTES    AND    CERTIFICATES    OF    INDEBTEDNESS    OF 
FIRE   AND  WATER   SUPPLY  DISTRICTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  four  hundred  and 
sixty-four  of  the  acts  of  the  year  nineteen  hundred  and 
eight  is  hereby  amended  by  inserting  after  the  word 
"  county  ",  in  the  first  line,  the  words :  —  fire  district,  water 
su])ply  district,  —  by  inserting  after  the  word  "  county  ", 
in  the  fourth  line,  the  words :  —  fire  district,  water  supply 
district,  —  and  by  inserting  after  the  word  "  shall ",  in 
the  fifth  line,  the  words: — when  issued,  —  so  as  to  read 
as  follows:  —  Section  1.  Bonds,  notes  and  certificates  of 
indebtedness  of  any  county,  fire  district,  water  supply  di.s- 
trict,  city  or  town  in  the  commonwealth  which  may  be 
issued  on  or  after  the  first  day  of  ]\ray  in  the  year  nine- 
teen hundred  and  eight  shall  be  exempt  from  taxation  for 
state,  county,  fire  district,  water  supply  district,  city  or 
town  purposes.  Such  bonds,  notes  and  certificates  of  in- 
debtedness shall  when   issued   state  upon  their  face  that 


Certain  bonds, 
notes,  etc.,  to 
be  exempt 
from  taxation. 


Acts,  1908.  — Chap.  595.  633 

they  are  exempt  from  taxation  in  Massachusetts,  and,  un- 
less they  so  state,  shall  not  be  exempt. 

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

Approved  June  8,  1908. 


Chap.595 


An  Act  relative  to  the  breaking  up  and  disposal  of 
old  vessels  and  other  floating  structures. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  owner  or  owners  of  any  vessel,  scow,  Breaking  up 
lighter  or  similar  floating  structure  lying  within  the  limits  oFcertam^^ 
of  any  harbor  of  the  commonwealth  shall  not,  without  first  stni^cTures,  etc. 
obtaining  a  license  therefor  from  the  board  of  harbor  and 
land  commissioners,  cause  or  permit  the  same  to  be  broken 
up  or  altered  to  such  an  extent  that  it  will  not  keep  afloat 
with  ordinary  care,  nor  shall  he  or  they,  ground  any  such 
craft  within  any  such  harbor  or  permit  other  persons  so 
to  ground  the  same,  or  to  remove  any  part  thereof. 

Section  2.  U|X)n  the  application  of  the  owner  of  any  Harbor  and 
vessel,  scow,  lighter  or  similar  floating  structure,  the  board  sTonerem'ay^' 
of  harbor  and  land  commissioners  may  issue  a  license,  au-  etc.'*'  ''*'®"'*^' 
thorizing  him  to  break  up  such  vessel  or  other  floating 
structure  upon  the  following  conditions :  —  first,  —  that 
the  consent  of  the  owner  of  the  premises  where  the  work 
is  to  be  done  shall  first  be  obtained  in  writing  and  filed 
with  the  board  ;  second,  - —  that  all  the  material  composing 
the  vessel  or  other  structure  shall  be  removed  wholly  from 
tide-water,  to  the  satisfaction  of  the  board ;  third,  ■ —  that 
the  work  shall  be  completed  within  a  certain  fixed  time, 
which  may  be  extended,  if  deemed  best  by  the  board ; 
fourth,  —  if  the  work  is  not  completed  at  the  time  fixed 
in  the  license  or  as  extended  by  vote  of  the  board,  the 
l)oard  may  cause  the  work  to  be  completed  at  the  expense 
of  the  licensee ;  and  fifth,  —  such  other  conditions  as  the 
board  may  deem  proper  in  any  case. 

Section  3.  Before  receiving  the  license  above  provided  Licensee  to 
for,  the  licensee  shall  file  with  the  board  a  bond  to  the  etc 
commonwealth,  with  satisfactory  sureties,  and  in  such  sum 
as  the  board  may  determine,  guaranteeing  the  carrying  out 
of  all  the  provisions  of  the  license  and  the  payment  to  the 
commonwealth  of  such  sums  as  may  be  expended  by  the 
board  in  connection  with  the  work  licensed. 


634 


Acts,  1908.  — Chap.  596. 


board  to 
complete  the 
work,  etc. 


Miis^to^'com-  Section  4.     Whenever  the  licensee  fails  to  comply  with 

ply  with  terms  ^\^q  tcmis  of  liis  liccnse,  the  board  may  proceed  to  com- 

of  hcense  the  y  >J     I 

plete  the  work  and  remove  from  tide-water  all  the  material 
composing  the  vessel  or  other  structure,  and  the  cost  thereof 
shall,  in  the  first  instance,  be  paid  from  the  appropriation 
made  under  section  twenty-two  of  chajrter  ninety-seven  of 
the  Ive vised  Laws.  If  not  rej^aid  to  the  commonwealth  by 
the  licensee,  upon  demand,  it  may  \\o  recovered  hy  the 
treasurer  and  receiver  general  by  an  action  at  law,  brought 
by  him  in  belialf  of  the  commonwealth  in  the  superior 
court  against  the  licensee  or  the  sureties  on  his  bond. 

Section  5.  Any  person  failing  or  neglecting  to  obtain 
the  license  required  by  section .  two,  before  beginning  the 
work  of  breaking  up  or  altering  any  vessel,  scow,  lighter 
or  similar  floating  structure,  as  described  in  section  one, 
shall  be  subject  to  a  penalty  of  not  less  than  five  dollars 
nor  more  than  five  hundred  dollars  to  the  use  of  the  com- 
monwealth, the  same  to  be  recovered  by  an  information 
in  equity  brought  by  the  attorney-general,  at  the  relation 
of  the  treasurer  and  receiver  general,  in  the  supreme  judi- 
cial court.  Approvf'd  June  8,  1908. 


Penalty. 


Chapf^m 


Confirming  a 
certain  con- 
tract of  lease, 
etc. 


Power  of  the 
railroad  com- 
missioners not 
diminished, 
etc. 


An  Act  to  ratify  and  confirm  an  amended  contract 
OF  lease  between  the  iioeyoke  and  westfield  rail- 
road company  and  the  new  haven  and  Northamp- 
ton co:mpany. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  amended  contract  of  lease  between  the 
Holyoke  and  Westfield  Railroad  Company  and  the  Xew 
Haven  and  Northampton  Company,  in  which  the  under- 
takings of  the  New  Haven  and  Northampton  Company 
are  guaranteed  by  the  New  York,  New  Haven  and  Hart- 
ford Railroad  Company,  as  heretofore  determined  and  ap- 
proved by  the  directors  and  a  majority  of  the  stockholders 
of  each  of  the  two  first-named  cor]X)rations  at  meetings 
called  for  the  purpose,  is  ratified  and  confirmed,  and  the 
board  of  railroad  commissioners  is  hereby  authorized  and 
instructed  to  issue  the  certificate  as  therein  provided. 

Section  2.  Nothing  in  this  act  or  in  the  amended  con- 
tract of  lease  herein  ratified  and  confirmed  shall  be  con- 
strued   to    diminish    the    power   and    authority   which   the 


Acts,  1908.  — Chap.  597.  635 

board  of  railroad  commissioners  now  has,  or  hereafter  may 
have  by  virtue  of  law,  over  or  in  respect  to  the  said  cor- 
porations and  the  railroads  owned  or  operated  by  them. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  8,  1908. 


An  Act  relative  to  the  auditor's  department  of  the  (Jj^^yj  ggy 

COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  ofKcial  now  known  and  designated  as  Auditor  of  the 
the  auditor  of  accounts  shall  hereafter  be  known  and  des-  weakh!"" 
ignated  as  the  auditor  of  the  connnonwealth. 

Section  2.     The  auditor,  with  the  consent  of  the  gov-  Deputy 
ernor  and  council,   shall  appoint   a   deputy   auditor,   who  polnlmentretc. 
shall  perform  such  duties  as  may  be  assigiied  to  him  by 
the  ^uditor.     If,  by  reason  of  sickness,  absence  or  other 
cause,  the  auditor  is  temporarily  unable  to  perforin  the 
duties  of  his  office,  the  deputy  auditor  shall  perform  the 
same  until  such  disability  ceases.     The  salary  of  the  deputy 
auditor  shall  be  fixed  by  the  auditor,  with  the  approval 
of  the  governor  and  council,  and  such  deputy  shall  serve 
as    clerk    to   the    house    committee    on    ways    and    means    . 
while  the  position  is  filled  l)y  the  present  incundjent,  and 
he  may  be  removed  from  office  for  cause  at  any  time,  by 
the  auditor,  with  the  consent  of  the  governor  and  council. 

Section  3,     The  auditor,  with  the  consent  of  the  gov-  supervisor  of 
ernor  and  council,  shall  appoint  a  supervisor  of  accounts,  point'mlnt!'etc. 
whose  salary  shall  be  fixed  by  him,  with  the  approval  of 
the  governor  and  council,  and  whom  he  may  remove  from 
office  for  cause  at  any  time  with  the  consent  of  the  gov- 
ernor and  council. 

Section  4.      Under  the  direction  of  the  auditor,   the  supervisor  to 
supervisor  of  accounts  shall  direct  and  control  all  the  ac-  c","i.of"c. 
counts  in  all  departments,  and  shall  have  full  authoritv  to  counts  in  aii 

Jl  "  ^  •'  state  depart- 

prescribe,  regulate  and  make  changes  in  the  methods  of  ments,  etc. 
keeping  and  rendering  accounts,  and  shall  see  that  they 
are  properly  maintained,  and  that  all  items  are  correctly 
allocated  between  capital  receipts  and  disbursements  and 
operating  revenue  and  expense.  He  shall  establish  in  each 
department  a  proper  system  of  accounts,  which  sliall  be 
uniform  so  far  as  is  practicable.      He  shall  establish  a 


636  Acts,  1908.  — Chap.  598. 


proper  system  of  accounting  for  stores,  supplies  and  ma- 
terials, and  may  provide,  where  he  deems  it  necessary,  for 
a  continuing  inventory  thereof.  He  may  inquire  into  the 
methods  of  purchasing  and  handling  such  stores,  supplies 
and  materials  by  the  departments,  reporting  to  the  auditor 
such  changes  as  may  in  his  judgment  be  deemed  wise.  He 
shall  provide  such  safeguards  and  systems  of  checking  as 
will  insure,  so  far  as  is  possible,  the  proper  collection  of 
all  revenue  due  the  commonwealth ;  and,  where  he  deems 
it  necessary,  shall  provide  that  forms  and  receipts  shall  be 
numbered  consecutively,  making  the  departments  respon- 
sible for  their  use  or  cancellation, 
appl'^prfa-^"'^  Section  5.  The  auditor  shall  prepare  a  document 
tions,  etc.  giving  the  estimates  for  appropriations  for  the  next  fis- 
cal year,  the  corresponding  appropriations  for  the  current 
year  and  the  corresponding  expenditures  for  the  current 
year  and  the  past  two  years,  to  which  document  sh^l  be 
appended  such  explanations  for  the  necessity  or  advis- 
al)ility  of  the  proposed  appropriations  as  the  departments 
asking  the  appropriations  may  furnish.  This  document 
shall  be  transmitted  to  the  general  court  on  the  first 
Wednesday  in  January, 
"dep'^rtments"  Sec'tion  6.  Whenever  the  word  "  departments  "  occurs 
defined.  Jn  this  act  it  shall  be  understood  to  include  all  depart- 

ments, boards,  commissions,  institutions  and  offices  of  the 
commonwealth  which  incur  expense  or  to  which  income 
accrues,  unless  the  context  requires  a  different  interpreta- 
tion, 
^^p^'*'-  Section  1.    All  acts  and  parts  of  acts  inconsistent  here- 

with are  hereby  repealed. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  8,  1908. 


amended. 


Chap.59S      An  Act  relative  to  the  state  board  of  charity. 
Be  it  enacted,  etc.,  as  follows: 

R.  L.  84,  §  2,  Section  two  of  chapter  eighty-four  of  the  Revised  Laws 

is  hereby  amended  by  striking  out  all  after  the  word  pur- 
pose ",  in  the  ninth  line,  and  inserting  in  place  thereof  the 
following:  —  There  shall  be  two  divisions  in  the  board, 
one  to  be  known  as  the  division  of  state  adult  poor  and  one 
to  be  known  as  the  division  of  state  minor  wards.     The 


Acts,  1008.  — Chap.  599.  637 

board  shall  appoint  a  superintendent  of  each  division,  who 
shall  be  the  executive  othcer  of  that  division,  and  shall 
hold  said  position  of  superintendent  and  executive  officer 
during  the  pleasure  of  the  board,  and  shall  jx^rform  such 
duties  as  it  may  require.  The  executive  officers  shall  re- 
ceive from  the  commonwealth  such  compensation  as  the 
board  may  determine,  and  the  necessary  expenses  incurred 
by  them  in  the  performance  of  their  official  duty,  —  so  as 
to  read  as  follows :  —  Section  2.  The  board  shall  have  supervision  of 
general  supervision  of  the  state  hospital,  the  state  farm,  uons/etc!  "" 
the  Massachusetts  state  sanatorium,  the  Lyman  school  for 
boys  and  the  state  industrial  school  for  girls;  and,  if 
directed  by  the  governor,  it  may  assume  and  exercise  the 
powers  of  the  boards  of  trustees  of  said  institutions  in  any 
matter  relative  to  the  management  thereof,  except  the  trusts 
which  are  vested  in  the  trustees  of  the  Lyman  and  indus- 
trial schools;  and  may  delegate  any  of  its  powers  and 
duties  to,  and  execute  any  of  its  functions  by,  agents  ap- 
pointed for  the  purpose.  There  shall  be  two  divisions  in 
the  board,  one  to  be  known  as  the  division  of  state  adult 
poor  and  one  to  be  known  as  the  division  of  state  minor 
wards.  The  lx)ard  shall  appoint  a  superintendent  of  each 
division,  who  shall  be  the  executive  officer  of  that  division, 
and  shall  hold  said  position  of  superintendent  and  execu- 
tive officer  during  the  pleasure  of  the  board,  and  shall  per- 
form such  duties  as  it  may  require.  The  executive  officers 
shall  receive  from  the  commonwealth  such  compensation 
as  the  board  may  determine,  and  the  necessary  expenses 
incurred  by  them  in  the  performance  of  their  official  duty. 

Approved  June  8,  1908. 


Ax  Act  to  extend  the  authority  of  the  board  of 

RAILRO^VD  COMMISSIOXERS  OVER  PERSONS  AXD  CORPORA- 
TIONS ENGAGED  IN  THE  EXPRESS  BUSINESS  UPON  RAIL- 
ROADS  AND   RAILWAYS. 

Be  it  enacted,  etc.,  as  folloirs: 

Section  1.     Every  person,  firm,  association  or  corpora- 


Chap.599 


Authority  of 


tion  doing  an  express  business  upon  either  a  railroad  or  "^fnm-'sfom 


commissioners 


railway  in  this  commonwealth  shall  annually,  on  or  before  o^'^r  certain 

_  _  ■   '  exnress  com 


express  com- 


the  first  Wednesday  in  November,  transmit  to  the  board  ponies 

(••11  •'■  -,.  .,.  ,        extended. 

01  railroad  commissioners  a  return  of  his  or  its  doings  for 


638 


Acts,  1908.  — Chap.  599. 


Defective  or 
erroneous 
returns,  etc. 


Certain  infor- 
mation to  he 
furnislied,  etc. 


Changes  may 
be  made  in 
rates,  etc. 


the  year  ending  on  the  thirtieth  day  of  the  preceding  Sep 
tember,  said  return  to  be  under  oath  of  such  person  or  of 
the  financial  officer  or  representative  of  such  firm,  associa- 
tion or  corporation.  The  return  shall  set  forth  copies  of 
all  contracts  made  during  the  year  with  other  persons, 
firms,  associations  or  corporations  doing  a  transportation 
or  express  business  upon  any  railroad  or  railway  in  the 
conunonwealth,  and  shall  give  complete  inforiuation  in 
reply  to  the  questions  presented  in  the  form  for  such  re- 
turn which  shall  be  prescribed  by  the  board. 

Section  2.  If  a  return  made  under  the  provisions  of 
the  preceding  section  appears  to  be  defective  or  erroneous, 
the  board  shall  require  the  person,  firm,  association  or  cor- 
poration making  it  to  amend  it  within  fifteen  days.  A 
person,  firm,  association  or  corjx)ration  neglecting  to  make 
a  return  as  herein  required  or  to  amend  it  when  requested 
so  to  do  shall  forfeit  twenty-five  dollars  for  each  day  dur- 
ing which  such  neglect  continues. 

Section  3.  Every  person,  firm,  association  or  corpora- 
tion doing  an  express  business  upon  a  railroad  or  railway 
in  this  commonwealth  shall,  upon  request,  furnish  to  the 
board  of  railroad  commissioners  full  information  relative 
to  the  character  or  conduct  of  such  business,  the  service 
that  is  furnished  and  the  rates  that  are  charged,  the  names 
of  the  persons  engaged  in  the  business,  and  the  relations 
existing  with  any  other  }>erson,  firm,  association  or  cor- 
poration conducting  a  transportation  or  ex^jress  business 
upon  a  railroad  or  railway. 

Section  4.  The  board  upon  its  own  initiative  or  upon 
the  request  of  any  person  after  a  public  hearing  and  in- 
vestigation, if  it  is  of  the  opinion  that  a  change  in  the 
rates  charged  or  accommodations  furnished  by  any  persoUj 
firm,  association  or  corporation  doing  an  express  business 
upon  a  railroad  or  railway  in  this  commonwealth,  or  in 
the  method  in  which  the  business  is  conducted,  is  reason- 
able and  expedient,  in  order  to  promote  the  convenience 
and  accommodation  of  the  public,  shall  in  writing  inform 
such  person,  firm,  association  or  cor]wration  of  the  change 
which  it  recommends  should  be  made. 

Approved  June  8,  1908. 


Acts,  1908.  — Chap.  600.  639 

An  Act  to  authorize  the  town  of  west  speingfield  (J]iap.Q{)() 

TO   MAKE  AN   ADDITIONAL  WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  West  Springfield,  for  the  pur-  Town  of  West 
ix)se  of  renewing,  extending;  and  improving  its  system  of  w'^it'ef  Loan, 

.  T  A    £  ^  ^-  ^1  -x  -C    •/  Act  of  1908. 

water  works,  and  lor  protecting  the  purity  ol  its  sources 
of  water  supply,  may  issue  from  time  to  time  bonds,  notes 
or  scrip  to  an  amount  not  exceeding  fifty  thousand  dollars 
in  addition  to  the  amounts  heretofore  authorized  by  law 
to  be  issued  by  said  town  for  water  works  purposes.  Such 
bonds,  notes  or  scrip  shall  bear  on  their  face  the  words, 
Town  of  West  Springfield  Water  Loan,  Act  of  1908 ;  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  and  one  half 
per  cent  per  annum,  and  shall  be  signed  by  the  treasurer 
and  countersigned  by  the  water  commissioners  of  the  town. 
The  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  terms  and  conditions  as  it  may  deem 
proper,  but  shall  not  sell  them  for  less  than  the  par  value 
thereof. 

Section  2.  The  said  town  shall,  at  the  time  of  author-  Payment  of 
izing  said  loan,  provide  for  the  ]iayment  thereof  in  such 
annual  payments,  as  nearly  equal  in  amount  as  practicable, 
as  will  extinguish  the  same  within  the  time  prescribed  by 
this  act ;  and  when  a  vote  to  that  eifect  has  been  passed,  a 
sum  which,  with  the  income  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  or  scrip  issued  as  aforesaid  by  the  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  the  town  in  each  year  there- 
after, in  a  manner  similar  to  that  in  which  other  taxes  are 
assessed,  until  the  debt  incurred  by  said  loan  is  extin- 
guished. 

Section  3.     The  proceeds  of  the  sale  or  pledge  of  said  Proceeds  of 

i  in  sale  of  secun- 

bonds,  notes  or  scrip  may  be  used  bv  the  town  for  the  pur-  «ies  to  be  used 

.-,.,  ,",  •/»!  certain 

poses  mentioned  m  chapter  two  hundred  and  six  of  the  purposes,  etc. 


640 


Acts,  1908.  — Chap.  601. 


acts  of  the  year  eighteen  himclrcd  and  ninety-three,  for  the 
acquirement  of  lands  for  the  protection  of  its  sources  of 
water  supply,  and  for  the  purpose  of  paying  for  extensions 
and  improvements  of  its  system  of  water  works ;  but  no 
source  of  water  supply  and  no  lands  necessary  for  preserv- 
ing the  quality  of  the  water  shall  be  acquired  without  first 
obtaining  the  advice  and  approval  of  the  state  board  of 
health. 

Section  4,     This  act  shall  take  effect  upon  its  passage. 

Approved  J  une  9,  1908. 

Chc(p.601  Ax  Act  to  provide  for  retiring  and  pensioning  prison 

OFFICERS. 

Be  it  enacted^  etc.,  as  follows: 
Prison  com-  Section  1.     The  prisoii  commissioners  may,  with  the 

missioners  1  .  . 

may  retire  and  appi'oval  of  the  govcmor  and  council,  retire  from  active 

pension  certam       '■  ^  .~  .  n->  i- 

officers.  prison  service  and  place  njx)!!  a  i^ension  roll,  any  officer  of 

the  state  prison,  or  of  the  Massachusetts  reformatory,  or 
of  the  state  farm,  or  of  the  reformatory  prison  for  women, 
or  of  any  jail  or  house  of  correction,  who  has  attained  the 
age  of  sixty-five  years  or  over,  and  who  has  been  employed 
in  prison  service  in  Massachusetts,  with  a  good  record  for 
not  less  than  twenty  years ;  or  who,  without  fault  of  his 
own,  has  become  permanently  disabled  by  injuries  sus- 
tained in  the  j^erformance  of  his  duty;  or  who  has  per- 
formed faithful  prison  service  for  not  less  than  thirty 
years:  provided,  however,  that  no  officer  of  the  state  farm 
shall  so  be  retired  except  upon  the  recommendation  of  the 
trustees  of  that  institution ;  and  provided,  further,  that  no 
officer  of  any  jail  or  house  of  correction  shall  so  be  retired 
except  upon  the  recommendation  of  the  sheriff  and  county 
commissioners  of  the  county,  except  in  the  county  of  Suf- 
folk, that,  where  the  recommendation,  as  to  officers  of  the 
jail,  shall  be  made  by  the  sheriff,  and  the  mayor  of  the 
city  of  Boston,  and,  as  to  the  officers  of  the  house  of  cor- 
rection, by  the  penal  institutions  commissioner,  and  the 
mayor  of  the  city  of  Boston. 

Section  2.  The  words  "  prison  service  ",  as  used  in 
section  one  of  this  act,  shall  be  construed  to  mean  service 
in  the  state  prison,  the  Massachusetts  reformatory,  the  state 
farm,  the  reformatory  prison  for  women,  or  in  any  jail  or 
house  of  correction  in  Massachusetts ;  and  an  officer  of  one 


Provisos. 


The  words 
"  prison 
ser\-ioe" 
construed. 


Acts,  1908.  — Chap.  602.  611 

of  the  said  institutions  shall,  for  the  purposes  of  this  act, 
be  credited  with  all  the  time  which  he  has  served  as  an 
officer,  with  a  good  record,  in  anv  of  them.     The  words  The  word? 

'  <^  1  "^  '.  good   record 

"  good  record  "  shall  be  construed  to  mean  that  the  officer  construed. 
has  not  been  discharged  for  misconduct  from  any  of  said 
institutions,  or  that,  if  so  discharged,  it  was  afterward 
found  that  he  was  not  at  fault ;  and  the  restoration  to  duty 
or  reappointment  in  the  institution  from  which  he  was 
discharged  shall  be  sufficient  evidence  for  the  exoneration 
of  any  officer. 

Section  3.     An  officer  who  is  retired,  as  provided  in  Amotmt  of 

1   •  1      n   1  n  1  •  1  1      1  !■      c     1        pension,  etc. 

this  act,  shall  be  allowed  a  pension  equal  to  one  half  oi  the 
salary  which  he  was  receiving  at  the  time  of  his  retire- 
ment. The  pension,  in  the  case  of  an  officer  of  the  state  , 
prison,  Massachusetts  reformatory,  state  farm,  or  reforma- 
tory prison  for  women,  shall  be  paid  in  monthly  install- 
ments from  the  treasury  of  the  commonwealth ;  and  in 
the  case  of  an  officer  of  a  jail  or  house  of  correction,  the 
pension  shall  be  paid  in  monthly  installments  from  the 
county  treasury. 

Section  4.     This  act  shall  take  effect  up^n  its  passage. 

{The  foregoing  was  laid  before  the  Lieutenant  Gov- 
ernor, Acting  Governor,  on  the  third  day  of  June,  1908, 
and  after  five  days  it  had  "  the  force  of  a  law  " ,  as  'pre- 
scribed hy  the  Constitution,  as  it  was  not  returned  by  him 
with  his  objections  thereto  tvithin  that  time.) 

An  Act  relative  to  the  fire  department  of  the  town  (JJinj)  g()9 

OF    MARBLEIIEAD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  firewards  of  the  fire  department  of  the  The  firewards 
town  of  Marblehead,  provided  for  by  chapter  three  of  the  Marbieh°eld  "o 
acts   of   the   year   eighteen    hundred    and   twenty-nine,    as  al  e'l^lineerl.'^ 
amended  by  chapter  fifty  of  the  acts  of  the  year  eighteen 
hundred   and   eighty,   shall  hereafter  be   designated   and 
known  as  engineers ;  and  they  shall  have  the  powers  and 
perform  the  duties  provided  for  engineers  in  towns  by  all 
general  laws  now  or  hereafter  in  force,  but  they  shall  con- 
tinue to  be  elected  by  the  voters  of  the  to^vn. 

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

Approved  June  10,  1908, 


642 


Acts,  1908.  — Chap.  603. 


Fireproof  ac- 
conimoclations 
for  the  county 
of  Suffolk 
records. 


1906,  534,  §  3, 
etc.,  amended. 


ChapSSOd  An  Act  to  authorize  the  commission  on  the  enlarge- 
ment OF  THE  COURT  HOUSE  IN  THE  COUNTY  OF  SUFFOLK 
TO  PROVIDE  FIREPROOF  ACCOMMODATIONS  FOR  THE  PUB- 
LIC RECORDS  OF  SAID  COUNTY. 

Be  it  enacted,  etc.,  as  folloics: 

Section  1.  The  commission  created  imder  chapter  five 
hundred  and  thirty-fonr  of  the  acts  of  the  year  nineteen 
hundred  and  six  is  hereby  authorized  and  directed  to  ex- 
pend a  sum  not  exceeding  thirty-five  thousand  dollars  for 
the  purpose  of  providing  fireproof  accommodations  for  the 
records  of  the  county  of  Suffolk,  its  courts  and  ofiicers,  in 
accordance  with  plans  to  be  approved  by  the  commissioner 
of  public  records. 

Section  2.  Section  three  of  said  chapter  five  hundred 
and  thirty-four,  as  amended  by  chapter  two  hundred  and 
nine  of  the  acts  of  the  year  nineteen  hundred  and  seven, 
and  by  chapter  two  hundred  and  fifteen  of  the  acts  of  the 
year  nineteen  hundred  and  eight,  is  hereby  further  amended 
by  inserting  after  the  word  "  building  ",  in  the  sixth  line, 
the  words:  —  and  of  furnishing  fireproof  accommodations 
for  the  public  records  of  said  comity,  —  and  by  striking 
out  the  words  "  eight  hundred  and  seventy-five  ",  in  the 
seventh  line,  and  inserting  in  place  thereof  the  words :  — 
nine  hundred  and  ten,  —  so  as  to  read  as  follows :  —  Sec- 
tion 3.  For  the  purpose  of  carrying  out  the  provisions  of 
this  act  the  treasurer  and  receiver  general  of  the  common- 
wealth is  hereby  authorized  and  required  to  issue  in  the 
name  and  behalf  of  the  commonAvealth,  bonds,  notes  or 
scrip  sufficient  in  amount  to  defray  the  cost  of  the  work 
herein  authorized.  The  total  expense  of  additional  stories, 
and  of  alterations  in  and  additions  to  the  present  building, 
and  of  furnishing  fireproof  accommodations  for  the  public 
records  of  said  county  shall  not  exceed  the  sum  of  nine 
hundred  and  ten  thousand  dollars.  The  said  bonds,  notes 
or  scrip  shall  be  issued  and  sold  at  such  times,  in  such 
amounts  and  upon  such  terms  and  shall  be  made  payable 
in  such  ])eriods,  not  exceeding  thirty  years,  as  the  governor 
and  council  shall  approve. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  10,  190S. 


Treasurer  and 
receiver  gen- 
eral may  issue 
bonds,  etc. 


Acts,  1908.  — Chap.  604.  643 

Aisr  Act  relative  to  the  militia.  CAax>.604 

Be  it  enacted,  etc.,  a^  follows: 

enrolled  militia. 
Persons  exempt  from  Military  Duty. 

Section    1.      In   this    act    the    word    ''  soldier "  shall  SlS.""""^' 
include  musicians  and  all  persons  in  the  volunteer  or  re- 
serve militia,  except  commissioned  officers;  and  the  word 
^'  company  "  shall  include  battery,  troop,  signal  corps  and 
hospital  corps,  except  as  herein  otherwise  provided. 

Section  2.  Every  able-bodied  male  citizen,  and  every  Persons  to  be 
able-bodied  male  of  foreign  birth  who  has  declared  his  in-  i^iiua. 
tention  to  become  a  citizen,  resident  within  this  common- 
wealth, of  the  age  of  eighteen  years  and  under  the  age  of 
forty-five  years,  except  persons  exempted  by  sections  three, 
four  and  six,  and  idiots,  lunatics,  common  drunkards,  vag- 
abonds, paupers  and  persons  convicted  of  any  infamous 
crime,  shall  be  enrolled  in  the  militia.  Persons  convicted 
of  any  such  crime  after  enrolment  shall  forthwith  be  dis- 
enrolled.  In  all  cases  of  doubt  respecting  the  age  of  a 
person  enrolled,  the  burden  of  proof  shall  be  upon  him. 

Section  3.  In  addition  to  the  persons  exempted  by  the  Exemptions, 
laws  of  the  United  States  from  enrolment  in  the  militia, 
the  following  persons  shall  also  be  absolutely  exempt :  jus- 
tices and  clerks  of  courts  of  record ;  judges  and  registers 
of  probate  and  insolvency ;  registers  of  deeds,  and  sheriffs ; 
officers  who  hold  or  have  held  commissions  in  the  regiilar 
or  volunteer  army  or  navy  of  the  United  States ;  officers 
who  have  held,  for  a  period  of  five  years,  commissions 
in  the  militia  of  this  or  of  any  other  state  of  the  United 
States,  or  who  have  been  superseded  and  discharged,  or 
who  have  held  commissions  in  any  organization  of  the 
Massachusetts  volunteer  militia  at  the  time  of  its  disband- 
ment ;  enlisted  men  who  have  served  honorably  in  the  vol- 
unteer militia  for  a  period  of  nine  years ;  miuisters  of 
the  gos])el ;  practising  physicians ;  superintendents,  officers 
and  assistants  employed  in  or  about  any  of  the  state  hos- 
pitals, state  almshouses,  state  prisons,  jails  or  houses  of 
correction ;  keepers  of  lighthouses ;  conductors  and  engine 
drivers  of  railroad  trains;  seamen  actually  employed  on 
board  of  any  vessel,  or  who  have  been  so  employed  within 
three  months  next  preceding  the  time  of  enrolment. 


(jU 


Acts,  1908.  — Chap.  604. 


Quakers,  etc. 
exempted. 


Section  4.  Every  person  of  the  religious  denomina- 
tions of  Quakers  or  Shakers,  if  conscientiously  scrupulous 
of  bearing  arms,  who  annually  before  the  first  Tuesday  in 
May,  delivers  to  the  assessors  of  the  place  where  he  resides 
a  certiiicate  signed  by  two  of  the  elders  or  overseers  of  the 
society  with  which  he  meets  for  public  religious  worship, 
shall  be  exempt  from  enrolment.  The  certiiicate  shall  be 
in  the  following  form :  — 


We,  the  subscribers  of  the  society  of  the  people  called 
in    the  of  ,    in    the   county   of  ,   do 

hereby  certify  that  is  a  member  of   our  society,   and 

that  he  frequently  and  usually  attends  religious  worship  with 
said  society,  and  we  believe  that  he  is  conscientiously  scrupulous 
of  bearing  ai-ms. 

A.  B.,  Elders  or  Overseers. 

E.  F.,  Clerk.  C.  D.  (as  the  case  may  be). 


Penalty  for 
giving;  false 
certificate,  etc. 


Members  of 
fire  depart- 
ments ex- 
empted. 


Organized  and 
reserve  militia. 


Section  5,  Whoever  gives  or  files  a  false  certificate 
under  the  preceding  section  shall  be  punished  by  a  fine  of 
two  hundred  dollars  and  by  imprisonment  for  not  more 
than  six  months. 

Sp:ction  6.  Enginemen  or  members  of  the  fire  depart- 
ment shall  be  exempt  from  military  duty  upon  filing  with 
the  assessors  of  the  place  where  they  reside  a  certificate, 
signed  by  the  mayor  and  aldermen  or  fire  commissioners 
or  the  selectmen ;  but  an  enlistment  in  the  volunteer  militia 
shall  not  be  vacated  by  an  appointment  as  engineman  or 
member  of  the  fire  department. 

Section  7.  The  militia  shall  consist  of  two  classes, 
namely,  the  organized  militia,  to  be  kno-svn  as  the  Massa- 
chusetts Volunteer  ^Tilitia,  composed  and  organized  as 
hereinafter  provided ;  and  the  remainder,  to  be  known  as 
the  reserve  militia.  The  reserve  militia  shall  be  subject 
to  no  active  duty  except  in  case  of  war,  invasion,  the  pre- 
vention of  invasion,  the  suppression  of  riots  and  to  aid 
civil  ofiicers  in  the  execution  of  the  laws. 


Assessors  to 
make  lists  of 
persons  liable 
to  enrolment. 


Enrolment  of  Persons  Suhjerf  io  MUUary  Duty. 

Section  8.  Assessors  shall  annually,  in  May  or  June, 
make  a  list  of  persons  living  within  their  respective  limits 
liable  to  enrolment,  and  shall  place  a  certified  copy  thereof 
in  the  hands  of  the  clerks  of  their  respective  cities  and 
towns,  who  si  1  all  ])lace  it  on  file  with  the  records  of  such 


Acts,  1908.  — Chap.  604 


645 


city  or  town,  and  annually,  in  May,  June  or  July,  transmit 
returns  of  the  militia  thus  enrolled  to  the  adjutant  general. 

Sectiot^  9.     Keepers  of  taverns  or  boarding  houses,  and  l^^^^^H^  °[p 
masters  and  mistresses  of  dwelling  houses,  shall,  upon  ap-  to  give  in- 

"  .  '       ^  -^        formation  to 

plication  of  the  assessors,  or  oi  jx^rsons  acting  under  them,  assessors, 
give  information  of  the  persons  residing  in  their  houses, 
liable  to  enrolment  or  to  military  duty,  and  every  such  per- 
son shall,  upon  like  application,  give  his  name  and  age; 
and  if  such  keeper,  master,  mistress  or  person  refuses  to 
give  such  information,  or  gives  false  information,  such 
keeper,  master  or  mistress  shall  forfeit  twenty  dollars,  and 
such  person  shall  forfeit  twelve  dollars,  to  be  recovered  on 
complaint  of  any  of  the  assessors. 


Calling  Out  and  Organizing  for  Active  Duty. 

Section  10.  "S^lien  it  is  necessary  to  call  out  any  por-  calling  out  of 
tion  of  the  reserve  militia  for  active  duty,  the  commander-  etc*"^'"  mihtia, 
in-chief  shall  direct  his  order  to  the  mayor  and  aldermen 
or  to  the  selectmen,  who  shall  forthwith,  by  written  order 
or  oral  notice  to  each  individual,  or  by  proclamation,  ap- 
point a  time  and  place  for  the  assembling  of  the  reserve 
militia  in  their  city  or  to\^m,  and  shall  then  and  there  draft 
as  many  thereof,  or  accept  as  many  volunteers,  as  are  re- 
quired by  the  order  of  the  commander-in-chief,  and  shall 
forthwith  forward  to  him  a  list  of  the  persons  so  drafted 
or  accepted  as  volunteers. 

Section  11.  Every  member  of  the  reserve  militia  so 
ordered  out,  or  who  volunteers  or  is  detached  or  drafted, 
who  does  not  appear  at  the  time  and  pla^e  designated  by 
the  mayor  and  aldermen  or  selectmen,  or  who  has  not  some 
proper  substitute  at  such  time  and  place,  or  does  not  pay 
to  such  mayor  and  aldermen  or  selectmen,  for  the  use  of 
the  comuionwealth,  seventy-five  dollars,  within  twenty-four 
hours  after  such  time,  or  who  does  not  produce  a  sworn 
certiiicate,  from  a  i)hysician  in  good  standing,  of  physical 
disability  so  to  appear,  shall  be  taken  to  be  a  deserter,  and 
dealt  with  accordingly.  The  portion  of  the  reserve  militia 
so  accepted  shall  immediately  be  mustered  into  the  service 
of  the  commonwealth  for  three  years,  or  for  such  less  period 
as  the  commander-in-chief  may  direct,  and  shall  be  or- 
ganized into  companies,  which  may  be  arranged  in  battal- 
ions or  reii'imeuts,  or  assioned  to  orii'anizations  of  the  vol- 
unteer militia  already  existing.      Such  new  organizations 


Penalty  for 
failure  to 
appear  or  to 
furnish 
substitute. 


Muster-in, 
organization, 
etc.,  of 
accepted 
militia. 


646 


Acts,  1908.  — Ciiaiv  604. 


Election  of 
officers. 


shall  be  officered,  equipped,  trained  and  governed  according 
to  the  laws  of  the  governnieut  of  the  volunteer  militia. 
Elections  shall  forthwith  be  ordered  in  such  new  organiza- 
tions by  the  connnander-in-chief,  who  may  detail  officers  to 
train  and  command  them  until  the  officers-elect  shall  have 
qualified  and  shall  have  passed  the  examination  required 
by  section  sixty-three. 


Staff  of  the  _ 
commander-in 

chief.  consist  of 


Stajf  of  the  Commander-in-Chief  and  v'/.s  Dui'ics. 
Section  12.     The  staff  of  the  commander-in-chief  shall 


1  adjutant  general,  with  the  rank  of  brigadier  general,  who  shall, 

ex-officio,  be  chief  of  staff; 
1  assistant  adjutant  general,  with  the  rank  of  colonel; 
4  aides-de-camp,  each  with  the  rank  of  major; 
6  aides-de-camp,  to  be  selected  from  the  commissioned  officers  of 

the  Massachusetts  volunteer  militia,   but  not  to   be  relieved 

from   duty   with    their    organizations   while    serving   in    this 

capacity. 


Term  of  office 
of  staff  officers. 


Ehgibihty. 


Adjutant 
general, 
duties,  etc. 


In  time  of  war  the  commander-in-chief  may  appoint  such 
additional  staff  officers  as  the  service  may  require,  with 
such  rank,  not  higher  than  that  of  colonel,  as  he  may 
designate.  The  above  staff  officers,  excepting  the  detailed 
aides-de-camp,  shall  be  commissioned  and  hold  office  nntil 
their  successors  are  appointed  and  qualified,  but  they  may 
be  removed  at  any  time  by  the  commander-in-chief. 

]^o  person  shall  be  eligible  to  appointment  on  the  staff 
of  the  commander-in-chief  unless  he  has  served  at  least 
three  years  in  the  volunteer  militia  of  the  commonwealth, 
or  unless  he  has  been  honorably  discharged  or  retired  from 
the  military  or  naval  service  of  the  United  States. 

Section  13.  The  adjutant  general  shall  distribute  all 
orders  from  the  commander-in-chief;  obey  all  orders  from 
him  relative  to  carrying  into  execution  and  perfecting  the 
system  of  military  discipline*  established  by  the  laws  of  the 
commonwealth  and  of  the  United  States ;  furnish  blank 
forms  for  the  different  returns  and  rolls  as  required;  re- 
ceive from  the  several  officers  of  the  volunteer  militia  re- 
turns of  the  militia  under  their  command,  which  they  are 
hereby  required  to  make,  reporting  the  actual  condition  of 
their  uniforms,  arms,  accoutrements  and  ammunition,  their 
dclinquoucies  and  every  other  thing  relating  to  the  advance- 


Acts,  1908.  — Chap.  604.  647 

ment  of  good  order  and  discipline ;  and  from  said  returns 
he  shall  make  proper  abstracts  and  lay  the  same  annually 
before  the  commander-in-chief;  and  he  shall  annually,  on 
and  as  of  tlie  first  llonday  in  January,  make  a  return  in 
duplicate  of  the  militia  of  the  conunonwealth,  with  the 
condition  of  their  uniforms,  arms,  accoutrements  and  am- 
munition, according  to  such  directions  as  he  may  receive 
from  the  secretary  of  war  of  the  United  States,  one  copy  of 
which  he  shall  deliver  to  the  commander-in-chief  and  the 
other  copy  of  which  he  shall  transmit  to  the  secretary  of 
war.  Tie  shall  also,  subject  to  the  orders  of  the  com- 
mander-in-chief, attend  to  the  prosecution  of  soldiers' 
claims.  The  adjutant  general  shall  also  make  returns  to 
the  secretary  of  war  of  the  United  States,  at  such  times 
and  in  such  form  as  the  secretary  of  war  shall  from  time 
to  time  prescribe,  of  the  strength  of  the  organized  militia, 
and  such  reports  as  may,  from  time  to  time,  l)e  required  by 
the  secretary  of  war. 

Sectiot^  14.    The  adjutant  general  shall  receive  a  salary  salaries  of 
of  thirty-six   hundred   dollars   a   year,    and  may  employ  erai|*deri5!" 
four  clerks,  one  at  a  salary  of  twenty-two  hundred  dol-  ^^^' 
Jars  a  year,  one  at  a  salary  of  two  thousand  dollars  a 
year,  one  at  a  salary  of  sixteen  hundred  dollars  a  year,  and 
one  at  a  salary  of  twelve  hundred  dollars  a  year,  and  a 
messenger  at  a  salary  of  eight  hundred  dollars  a  year.    He 
may  employ  such  additional  clerks  and  other  assistants  as 
may  be  necessary  in  his  department,  at  an  exj^ense  in  all 
not  exceeding  six  thousand  dollars  a  year. 

VOLU^TTEER    MILITIA. 

Organization  and  Dlshandment. 

Section  15.  The  active  or  organized  militia  shall  be  Active  miiitia, 
composed  of  volunteers,  and  shall  be  designated  the  Massa-  6^0!^"'^"""' 
chusetts  Volunteer  Militia.  It  shall  be  ordered  into  ser- 
vice to  resist  invasion,  to  quell  insurrection,  to  aid  civil 
officers  in  the  suppression  of  riots,  in  the  execution  of  the 
laws  or  in  time  of  public  danger,  before  the  reserve  militia 
is  called  out. 

Sectiox   16.      In  time  of  peace  the   active  volunteer  strength  of 
militia  shall  consist  of  not  more  than  sixty  companies  of  mliif'i'lTrf  time 
infantry,  four  troops  of  cavalry,  three  batteries  of  field  "^  '"''^'"'• 
artillery,  a  coast' artillery  corps  containing  not  more  than 


648 


Acts,  1908.  — Chap.  604 


Brigades, 
regiments,  etc. 


Other 
organizations. 


National 
guard. 


twelve  companies,  two  corps  of  cadets,  the  naval  militia, 
the  following  staff  corps:  (1)  a  signal  corps;  (2)  a  corps 
of  engineers;  and  the  following  departments:  (1)  adjutant 
general's  dc})artment,  (2)  inspector  general's  department, 
(3)  jndge  advocate  general's  department,  (4)  quartermas- 
ter's department,  (5)  subsistence  department,  (6)  medical 
department,  (7)  pay  department,  (8)  ordnance  depart- 
ment ;  and  such  other  organizations  and  staff  corps  and 
departments  as  the  commander-in-chief  may  direct  under 
section  twenty-six  of  this  act. 

Section  1 7.  The  commander-in-chief  shall  arrange  the 
infantry,  artillery  and  cavalry  into  regiments,  battalions, 
and  squadrons  and,  when  necessary,  into  unattached  com- 
])anies,  and  into  not  more  than  two  brigades.  There  shall 
not  be  more  than  five  regiments  of  infantry. 

Section  18.  (a)  For  the  purjxises  of  administration 
and  convenience,  the  JMassaehusetts  volunteer  militia  shall 
be  divided  into  the  staff  of  the  commander-in-chief,  the  na- 
tional guard,  the  naval  militia,  and  the  retired  list.  The 
naval  militia  shall  comprise  the  naval  bureau  and  the  naval 
brigade,  or  such  other  naval  organization  or  organiza- 
tions as  may  be  allowed  by  law.  The  national  guard  shall 
comprise  all  other  organizations  of  the  Massachusetts  vol- 
unteer militia. 

(h)  The  national  guard  as  at  present  constituted,  shall 
consist  of :  — 


The  adjutant  general'.s  dei^art- 
ment ; 

The  inspector  general's  depart- 
ment; 

The  judge  advocate  general's 
department; 

The  quartermaster's  depart- 
ment ; 

The  subsistence  department; 

The  medical  department; 

The  pay  department; 

The  ordnance  department; 

The  corps  of  engineers; 


The  signal  corps; 

The  coast  artilleiy  corps; 

2  brigades  of  infantry  (com- 
prising a  total  of  5  regi- 
ments) ; 

1  squadron  of  cavalry  (com- 
prising a  total  of  4 
troops) ; 

1  battalion    of    field    artilleiy 

(comprising   a   total   of   3 
batteries)  ; 

2  corjas  of  cadets. 


Naval  militia. 


(c)   The  naval  militia  as 
consist  of :  — 


at  present  constituted,  shall 


Tlie  naval  bui'eau. 
The  naval  briuade. 


Acts,  1908.  — Chap.  604.  649 

Sectiojst  19.  To  each  corps  of  cadets  there  shall  be  one  cadets,  officers, 
lieutenant  colonel,  one  major,  and  a  staff  as  provided  for  etc!"''"^"*' 
a  battalion  of  infantry ;  and  there  shall  be  such  number  of 
line  officers,  not  exceeding  four  captains,  four  first  lieuten- 
ants and  four  second  lieutenants,  and  of  non-commissioned 
staff  officers  and  non-commissioned  officers,  musicians  and 
privates,  as  the  commander-in-chief  shall  deem  expedient. 
The  corps  of  cadets  shall  be  instructed,  armed  and  equipped 
as  the  commander-in-chief  shall  direct,  and  shall  receive 
the  same  compensation  and  allowances  as  separate  bat- 
talions of  infantry.  They  shall  remain  unattached,  subject 
only  to  the  orders  of  the  commander-in-chief,  except  as 
provided  in  section  one  hundred  and  forty-two. 


Pre  sen  t  0  rganiza  tion. 
Section"  20.     The  adjutant  o-eneral's  department  shall  Adjutant 

')  o  i.  general  s 

consist    of  :   department. 

The  adjutant  general  and  assistant  adjutant  general  on  the  staff 
of  the  eommander-in-ehief  (ex-offieio)  ;  and 

1  assistant  adjutant  general,  with  the  rank  of  lieutenant  colonel; 

2  assistant  adjutants  general,  with  the  rank  of  major. 


The  inspector  o-eneral's  department  shall  consist  of:  —     inspector 

i-  ci  i.  general  s 

department. 

1  inspector  general,  with  the  rank  of  brigadier  general; 

5  inspectors  general,  with  the  rank  of  lieutenant  colonel; 

2  inspectors  general,  with  the  rank  of  major. 


of; 


The  judge  advocate  general's  department  shall  consist  Judge  advo- 


cate generars 
department. 


1  judge  advocate  general,  with  the  rank  of  brigadier  general; 

2  judge  advocates,  with  the  rank  of  major. 

The  quartermaster's  department  shall  consist  of :  —  Quarter- 

master's 

department. 

1  quartermaster  general,  with  the  rank  of  brigadier  general ; 

1  deputy    quartermaster    general,    with    the    rank    of    lieutenant 

colonel; 

2  quartermasters,  with  the  rank  of  majo]-; 
2  quartermasters,  with  the  rank  of  captain; 
6  post  quartennaster  sergeants. 


650 


Acts,  1908.  — Chap.  604. 


Subsistence 
department. 


Tlio  subsistence  department  sliall  consist  of:  — 

1  eomraissary  genei-al,  with  the  rank  of  brigadier  general; 

2  commissaries,  with  the  rank  of  major; 

3  i^ost  commissai-y  sergeants. 


Pay  (iepart- 
ment. 


The  pay  department  shall  consist  of: 


1  assistant  paymaster  general,  with  the  rank  of  colonel,  who, 
under  the  direction  of  the  adjutant  general,  shall  act  as  pay- 
master general ; 
10  paymasters,  with  the  rank  of  captain. 


Medical 
department. 


The  medical  department  shall  consist  of:  — 


1  surgeon  general,  with  the  rank  of  brigadier  general; 

11  surgeons,  with  the  rank  of  major; 

9  assistant  surgeons,  with  the  rank  of  captain ; 

12  assistant  surgeons,  with  the  rank  of  first  lieutenant ;  and  a  hos- 

pital corps. 

Hospital  corps.       ^j-jg  hos])ital  corps  shall  consist  of:  — 


8  sergeants,  1st  class; 
26  sergeants; 


72  privates,  1st  class; 
60  privates. 


Ordnance 
department. 


The  ordnance  department  shall  consist  of: 


1  colonel,  acting  chief  of  ord- 

nance ; 

2  majors; 


6  captains; 

4  first  lieutenants; 

1  ordnance  sergeant. 


Corps  of 
engineers. 


The  corps  of  en^'ineers  shall  consist  of:  — 


1  major,  acting  chief  of  engi-   I    1   cai)tain. 
neers ;  I 

Signal  corps.  rpj^^  sig-nal  corps  shall  consist  of :  — 


1  captain ; 

3  first  lieutenants; 

5  sergeants,  first  class; 

5  sergeants; 

10  corporals; 


2  cooks; 

18  privates,  first  class; 

18  pri\'^tes; 

58  total  enlisted. 


Acts,  1908.  — Chap.  604. 


651 


The  coast  artillery  corps  shall  consist  of :  — 


Coast  artillery 
corps. 


1  colonel,  chief  of  coast  artil- 
lery; 
1  lieutenant  colonel; 
3  majors; 
3  captains; 
3  first  lieutenants; 
3  second  lieutenants; 
1  chaplain ; 

1  sergeant  major,  senior  grade ; 

2  master  electricians; 

3  engineers; 

t 


5  electrician     sergeants,     first 

class ; 
5  electrician  sergeants,  second 

class ; 
3  master  gunners; 
3  sergeants      major,      junior 

grade ; 
3  firemen,  —  a     band     of     2S 

total  enlisted;  and 
12  companies  of  coast  artillery. 


The  coast  artillery  corps  shall  he  considered  a  regiment 
in  all  matters  of  administration  and  law,  nnless  especially 
excepted  in  law  or  orders. 

The  colonel,  lieutenant  colonel  and  majors  shall  be  Election  of 
elected  by  the  officers  of  the  companies,  as  vacancies  occur,  offi'^ers,  etc. 
under  elections  ordered  by  the  commander-in-chief.  The 
captains,  first  lieutenants,  second  lieutenants  and  chaplain 
of  the  corps,  and  corps  noncommissioned  officers  and  en- 
listed men,  shall  be  appointed,  warranted  or  enlisted  by 
the  chief  of  coast  artillery.  Company  officers  shall  be 
elected  as  prescribed  by  law  for  companies. 


A  coast  artillery  corps  band  shall  consist  of: 


Coast  artillery 
corps  band. 


1  chief  musician ; 
1  chief  trumpeter; 
1  principal  musician ; 
1  drum  major; 
4  sergeants; 


8  corporals; 

1  cook; 

11  privates; 

2S  total  enlisted. 


A  coast  artillery  corps  company  shall  consist  of:  — 


1  captain ; 

1  first  lieutenant; 

1  second  lieutenant; 

1  first  sergeant ; 

1  quartermaster  sergeant ; 

4  sergeants; 

G  corporals; 


Coast  artillery 

corps 

company. 


2  cooks; 

2  mechanics; 

2  musicians; 

45  privates; 

63  total  enlisted. 


The  minimum  enlisted  strenalh  shall  be  fortv-one. 


652 


Brigade  of 
infantry. 


Acts,  1908.  — Chap.  604 

To  each  brigade  of  infantry  there  shall  be :  — 

1  brig-adier  general ;  his  staff  shall  consist  of  2  aides-de-camp,  with 
th«  rank  of  first  lieutenant. 


Detail  of  non- 
commissioned 
ofl&cers,  etc. 


Regiment  of 
infantry. 


The  brigade  commander  may  detail  from  the  troops 
under  his  command  snch  number  of  noncommissioned 
officers  and  enlisted  men  as  may  be  necessary  to  act  as 
noncommissioned  staff,  clerks,  orderlies,  and  the  like.  All 
officers,  nonconunissioned  officers  and  enlisted  men  attached 
to  brigade  headquarters  are  entitled  to  be  mounted.  A 
l)rio-ade  shall  contain  two  or  three  regiments. 


To  each  regiment  of  infantry  there  shall  be :  — 


colonel ; 

lieutenant  colonel; 

majors;  and  a  staif  consist- 
ing of :  — 

captain,  regimental  adjutant; 

captain,  quartermaster; 

captain,  commissary; 

first  lieutenants,  battalion  ad- 
jutants ; 

second  lieutenants,  battalion 
quai'termasters  and  com- 
missaries : 


1  chaplain ; 

1  sergeant  major; 

1  quartermaster  sergeant; 

1  commissary  sergeant; 

3  battalion  sergeants,  major; 

2  color  sergeants,  —  a  band  of 

2S  total  enlisted;   and 
12  companies  of  infantry. 


Infantry  band.       ^^n  infantry  band  shall  consist  of:  — 


1  chief  musician ; 

1  principal  musician; 

1  drum  major; 

4  sergeants; 

8  corpctrals; 


1  cook; 
12  privates; 

2S  total  enlisted. 


Infantry 
company. 


An  infantry  company  shall  consist  of:  — 


1  captain; 

1  first  lieutenant; 

1  second  lieutenant; 

1  first  sergeant ; 

1  quartermaster  sergeant; 

4  sergeants; 

6  corporals; 


2  cooks; 

1  artificer; 

2  musicians; 
43  privates; 

IK)  total   enlisted. 


The  miniimnn  enlisted  strengtli  shall  be  fortv-one. 


Acts,  1908.  — Chap.  604. 

The  squadron  of  cavalry  shall  consist  of:  — 


1  major;  and  a  staff  consistiiiii' 
of:  — 

1  first  lieutenant,  squadron  ad- 
jutant ; 

1  second  lieutenant,  squadron 
quartermaster  and  commis- 
sary; 


1  veterinarian; 

1  sergeant  major;  and 

4  troops  of  cavalry. 


653 


Squadron  of 
cavalry. 


A  troop  of  cavalry  shall  consist  of: 


Troop  of 
cavalry. 


1  captain; 

1  first  lieutenant; 

1  second  lieutenant ; 

1  first  sergeant ; 

1  quartermaster  sergeant; 
6  sergeants; 

6  corporals; 

2  coolis; 


2  fan'iers  and  blacksmiths; 
1  saddler; 

1  wagoner; 

2  trumpeters; 
43  privates; 

65  total  enlisted. 


The  minimum  enlisted  strength  shall  be  fortj-three. 
The  battalion  of  field  artillerv  shall  consist  of:  — 


1  major;  and  a  staff  consisting 
of:  — 

1  captain,  battalion  adjutant ; 

1  second  lieutenant,  battalion 
quartermaster  and  commis- 
sary ; 


Battalion  of 
field  artillery. 


1  veterinarian ; 

1  sergeant  major; 

1  quartermaster  sergeant ;   and 

3  batteries  of  field  artillery. 


A  battery  of  field  artil 

lery 

shall  consist  of :  — 

Battery  of 
field  artillery 

1  captain; 

3  cooks; 

2  first  lieutenants; 

1  chief  mechanic; 

2  second  lieutenants ; 

4  mechanics; 

1  first  sergeant; 

2  musicians; 

1  quartermaster  sergeant; 

102  privates; 

1  stable  sergeant; 

6  sergeants; 

133  total  enlisted. 

12  corporals; 

The  minimum  enlisted  strength  shall  be  ninety. 

The  foregoing  shall  be  the  organization  for  a  battery 
armed  with  six  sections  of  the  three-inch  gun  battery. 
Batteries  which  have  only  received  five  sections  shall  not 


654: 


Acts,  1908.  — Chap.  604 


Corps  of 
cadets. 


enlist  more  than  one  hundred  and  twelve,  total  enlisted,  in- 
clnding  live  sergeants,  ten  corporals,  two  cooks  and  eighty- 
five  privates,  and  a  minimum  enlisted  strength  of  eighty, 
until  the  sixth  section  has  been  received. 
To  each  corps  of  cadets  there  shall  be :  — 


1  lieutenant  colonel; 

1  major;  and  a  staff  consisting 
of:  — 

1  first  lieutenant,  corps  adju- 
tant; 

1  second  lieutenant,  corps  quar- 
termaster and  commissary; 
and,  in  addition  thei'eto  :  — 

4  captains; 

4  first  lieutenants; 

4  second  lieutenants;  a  non- 
commissioned staff  consist- 
ing of :  — 


1  corps  sergeant  major;  and 
in  each  so-called  company 
or  subdivision :  — 

1  first  sergeant; 

1  quartermaster  sergeant; 
6  sergeants; 

6  corporals; 

2  cooks; 

1  artificer; 

2  musicians; 
61  privates; 

80  total  enlisted. 


Orders  of  the 
commander- 
in-chief,  etc. 


Inspectors  of 
small  arms 
practice. 


Care  and  con- 
trol of  rifle 
ranges. 


The  commander-in-chief  may  by  order  attach  officers 
and  enlisted  men  of  staff  departments  and  corps  to  bri- 
gades, regiments,  battalions  and  other  organizations  for 
duty  therewith,  and  shall  so  detail  such  officers  and  en- 
listed men  as  may  be  necessary  to  comply  with  the  pro- 
visions of  United  States  laws  concerning  the  militia.  lie 
shall  detail  a  quartermaster  with  the  rank  of  captain  to 
act  as  superintendent  of  the  state  arsenal.  He  shall  form, 
from  the  hospital  corps,  an  ambulance  company  section,  to 
be  instructed  and  drilled  as  such. 

The  officers  of  the  ordnance  department  shall  act  as  in- 
spectors of  small  arms  practice,  and  shall  be  detailed  by  the 
commander-in-chief  to  such  organizations  as  he  deems  ad- 
visable for  that  duty.  The  chief  of  ordnance  shall  perform 
all  the  duties  required  by  law  of,  and  shall  act  as,  the  in- 
spector general  of  small  arms  practice,  and  the  officers  of 
the  ordnance  department  on  duty  with  organizations  shall 
have  and  ]ierforni  all  the  rights,  duties  and  obligations 
conferred  or  imposed  by  law  upon  inspectors  of  small  arms 
practice. 

The  inspector  general  of  small  arms  practice,  under  the 
direction  of  tlie  adjutant  g(>neral,  shall  l)e  charged  with  the 
care  and  control  of  all  state  rifle  ranges  and  with  the  super- 


Acts,  1908.  — Chap.  604.  655 

vision  of  all  other  ranges  provided  for  the  small  arms  prac- 
tice of  the  militia,  and  shall  su}>ervise  the  expenditnre  of 
such  public  funds  as  may  be  appropriated  by  the  conimon- 
Avealth  for  the  promotion  of  small  arms  practice. 

Section  21.     The  naval  bureau  shall  consist  of :  —  ^avai  bureau. 

1  captain  (naval  rank),  chief  of  bureau; 

2  commanders  (naval  rank). 

One  of  the  commanders  shall  be  an  engineer  officer. 
The  captain  shall  have  the  rank  and  pay  of  colonel  of  in- 
fantry, and  the  commanders  shall  have  the  rank  and  pay 
of  lieutenant  colonels  of  infantry. 

The  naval  bureau  shall  be  the  staff  department  for 
administration  of  naval  militia  matters,  and  shall  perform 
for  the  naval  militia  all  those  functions  which  are  per- 
formed for  the  national  guard  by  the  inspector  general's 
department,  the  subsistence  department  and  the  pay  de- 
partment. 

The  officers  of  the  naval  bureau  shall  have,  in  the  per- 
formance of  this  duty,  all  the  powers,  rights  and  obliga- 
tions provided  by  this  act  in  respect  to  the  officers  of  the 
above  departments. 

The  quartermaster  general,  surgeon  general,  judge  advo- 
cate general  and  inspector  general  of  small  arms  practice 
shall  at  present  act  as  such  for  the  naval  militia  as  well 
as  for  the  national  guard ;  but  all  communications  and  req- 
uisitions shall  pass  through  the  naval  bureau  and  receive 
its  endorsement. 

The  naval  bureau  shall  be  the  regular  channel  of  com- 
munication between  the  naval  brigade  and  the  adjutant 
general,  and  shall  pei-form  such  other  duties  and  have  such 
other  authority  as  may  be  delegated  to  it  by  the  com- 
mander-in-chief, including  the  custody  and  control  of  ves- 
sels and  other  property. 

The  commander-in-chief  may  transfer  to  the  naval 
bureau  the  duties,  functions,  powers,  rights  and  obligations 
of  the  quartermaster's  department,  the  medical  depart- 
jnent  and  the  ordnance  department,  in  relation  to  the  naval 
militia,  when  in  his  judgment  the  best  interests  of  the 
service  so  demand. 


656  Acts,  1908.  — Guai'.  G04. 

Naval  brigade.  Section  22.  Tlic  iiavnl  brigade  shall  consist  of  two 
hattalioiis  of  four  c'oiiij)anios  each,  and  an  engineer  divi- 
sion. The  commander-in-chief  may  authorize  the  forma- 
tion of  not  more  than  four  additional  companies,  either  as 
separate  companies,  or  in  either  or  both  of  the  battalions 
thereof,  or  as  a  separate  battalion,  and  may  order  the 
election  of  snch  additional  officers  as  may  thereby  be  ren- 
dered necessar3\  He  may  at  any  time  disband  any  of  said 
companies,  the  services  of  which  are  not  required.  The 
officers  of  the  naval  brigade  shall  be  one  captain,  who  shall 
be  chief  of  brigade,  with  rank  and  pay  corresponding  to 
those  of  a  colonel  of  infantry ;  two  lieutenant  commanders, 
who  shall  be  chiefs  of  battalion,  with  rank  and  pay 
corresponding  to  those  of  a  major  of  infantry ;  a  staff,  con- 
sisting of  a  surgeon,  a  brigade  adjntant,  an  ordnance  offi- 
cer, who  shall  act  as  inspector  of  small  arms  practice,  an 
equipment  officer,  a  paymaster,  who  shall  be  the  mustering 
officer  for  the  brigade^,  a  signal  officer  and  an  assistant  sur- 
geon. The  commander-in-chief  may  appoint  and  commis- 
sion an  assistant  paymaster  and  two  additional  assistant 
surgeons.  The  surgeon  shall  be  a  lieutenant  commander, 
with  rank  and  pay  corresponding  to  those  of  a  major  of 
infantry.  The  other  staff"  officers,  except  the  signal  officer, 
shall  have  the  rank  of  lieutenants,  with  rank  and  pay  cor- 
responding to  those  of  captains  of  infanti-y.  The  signal 
officer  shall  have  the  rank  of  lieutenant,  junior  grade,  with 
rank  and  pay  corresponding  to  those  of  first  lieutenants  of 
infantry.  The  following  petty  officers  shall  also  be  at- 
tached to  the  brigade  staff:  one  master-at-arms,  who  shall 
be  the  chief  petty  officer  of  the  brigade,  and  who  shall  have 
rank  and  pay  corresponding  to  those  of  a  sergeant  major 
of  infantry;  one  equipment  yeoman,  two  paymaster's  yeo- 
men, one  hospital  steward,  one  chief  bugler  and  one  drum 
major,  all  with  rank  and  pay  corresponding  to  those  of  the 
nonconunissioned  staff  of  infantry.  To  each  company  of 
the  naval  brigade  there  shall  be  one  lieutenant,  who  shall 
be  chief  of  company,  one  lieutenant,  junior  grade,  and  one 
ensign,  with  rank  and  pay  corresponding  to  those  of  cap- 
tains and  first  and  second  lieutenants  of  infantry,  respec- 
tively. The  petty  officers  and  seamen  of  each  company  of 
the  naval  brigade  shall  be  one  chief  petty  officer,  with  rank 
and  pay  of  sergeant  major^  not  more  than  six  petty  officers. 


Acts,  1908.  — Chap.  (30i.  65T 


first  class,  with  rank  and  pay  of  first  sergeants,  not  more  Naval  brigade, 
than  twelve  petty  ofiicers,  first  and  second  class,  the  petty 
officers,  second  class,  to  have  the  rank  and  pay  of  sergeants, 
and  not  more  than  fifteen  petty  officers,  first,  second  and 
third  class,  combined;  petty  oificers,  third  class,  to  have 
rank  and  pay  of  corporals ;  the  ratings  to  correspond  with 
those  of  the  United  States  navy,  and  to  be  confined  to  the 
boatswain's  mate  service,  guimer's  mate  service,  quarter- 
master's service,  with  the  exception  that  one  master-at-arms 
and  one  yeoman  for  each  company  may  be  appointed  at 
discretion  of  company  commander.  There  shall  also  be  a 
hospital  ai>prentice,  who,  with  one  bugler  and  one  cook,  first 
class,  shall  be  in  addition  to  the  above,  and  shall  rank  as  sea- 
men. The  total  enlisted  strength  of  a  company  shall  be 
fifty-six  and  the  minimum  forty-one.  In  appointing  petty 
officers  of  the  difl^erent  ratings  in  the  classes  above  pro- 
vided for,  there  shall  be  not  less  than  five  in  the  boat- 
swain's mate  service,  including  coxswains ;  not  less  than 
two  in  the  quartermaster's  service ;  not  less  than  two  in  the 
gunner's  mate  service. 

The  engineer  division  shall  consist  of  one  lieutenant, 
who  shall  be  chief  of  division,  one  lieutenant,  junior  grade, 
and  one  ensign,  with  rank  and  pay  corresponding  to  those 
of  company  officers  of  corresponding  grade  in  the  naval 
brigade ;  and  of  such  petty  officers  and  other  enlisted  men 
as  the  commander-in-chief  may  prescribe. 

The  total  enlisted  strength  shall  be  fifty-six,  and  the 
minimum  forty-one. 

The  engineer  division  shall  be  a  company,  subject  to  all 
the  provisions  of  this  act  applying  to  companies. 

The  enlisted  men  in  the  engineer's  division  shall  fulfil 
the  requirements  for  enlistment  in  the  volunteer  militia, 
and  shall  be  mechanics,  steam  fitters,  steam  engineers,  or 
firemen  of  such  experience  as  will  fit  them  for  their  sev- 
eral ratings. 

The  seamen  shall  receive  the  same  pay  as  enlisted  men 
in  companies  of  infantry.  The  duty  of  the  naval  brigade 
may  be  performed  afloat. 

Section  23.    Summary  of  present  strength : —  Summary  of 

^  i-  o  strength  of 

militia, 


(358 


Acts,  li)08.  —  Giiai>.  G04. 


stiff  of  the  commander-inchief  (excluding  de- 
tails),        

Adjutant  general's  department  (excluding  staff 
of  commander-in-chiel) 

Inspector  general's  department 

Judge  advocate  general's  department,    . 

Quarteriiiaslcr's  department 

Subsi8ten<e  department, 

Pay  department 

Medical  department, 

Ordnance  <lepartnient 

Corps  of  engineers 

Coast  artillery  corps  (liea(l(iuarters). 

Coast  artillery  corps  band, 

Coast  artiller}^  corps,  12  companies  of  63  +  3, 

2  brigade  licadquarters, 

5 regimental  licadquarters, 

5  regimental  bauds  ol -it* 

60  comnanies  of  infantry  of  3  4-60,  .        .        .        . 

1  squadron  headquarters, 

4  troops  of  4  +  65 

1  batUi lion  of  field  artillery  (headquarters),  . 

3  batteries  of  5+133 

2  corps  of  cadets 

1  signal  corps, 

1  naval  brigade, 

1  naval  brigade  band 

Naval  bureau 

Total 


Oflicers. 


3 
8 
3 
6 
3 
11 
33 
13 
2 

15 

36 

6 

75 

180 
4 

16 
4 

15 

32 
4 

40 


Enlisted 
Men. 


6 
3 

166 
1 

26 

28 

756 

40 

140 

3,600 

1 

260 

2 

399 

642 

58 

511 

24 


6,662 


Total 
Number. 


3 

12 

6 

11 

199 

14 

2 

40 

28 

792 

6 

115 

140 

3,780 

5 

276 

6 

414 

674 

62 

551 

24 

3 


7,181 


Certain  super- 
numerary 
orticers  to  con- 
tinue in  their 
present  po- 
sitions, etc. 


SectiojN'  24.  The  following  superuiimerarj  officers,  pro- 
vided for  by  section  one  hundred  and  eighty-eight,  of  chap- 
ter four  hundred  and  sixty-five,  of  the  acts  of  the  year 
nineteen  hundred  and  live,  are  attached  to  duty  with  the 
organizations  placed  after  their  names,  and  may  continue 
in  their  positions  and  receive  pay  and  allowance  accord- 
ingly until  discharged  or  retired  under  the  provisions  of 
this  act  for  the  discharo-e  or  retirement  of  officers :  — 


John  Mason  Little.  Jr.,  first  Heutenant,  assistant  surgeon  field 
artillery,  to  medical  department. 

Geo.  W.  Mills,  major  and  surgeon,  cavalry,  to  medical  depart- 
ment. 

Arthur  G.  Scoboi'ia,  first  lieutenant,  assistant  surgeon,  cavalry, 
to  medical  department. 


Noncommis- 
sioned staff 
officers,  etc. 


Section  25.  Commanding  offictn's  shall  warrant,  ap- 
point, enlist,  or  keep  warranted,  appointed  or  enlisted,  the 
number  of  noncommissioned  staff  officers,  noncommissioned 
officers  and  other  enlisted  men  specified  herein  or  required 
in  orders  of  the  commander-in-chief.  The  organization  of 
the  Massachusetts  volunteer  militia  shall  remain  as  lierein 


Acts,  1908.  — Chap.  604. 


659 


constituted,  until  changed  by  the  commander-in-chief  as 
provided  in  the  following  sections,  or  in  section  nineteen. 

Section  26.  The  commander-in-chief  shall  from  time 
to  time  prescribe  in  orders  the  organization  of  the  Massa- 
chusetts volunteer  militia  in  such  a  manner  as  to  make  the 
said  organization  conform  to  the  requirements  for  the 
volunteer  militia  of  the  laws  of  the  United  States. 

Sectioic  27.  Whenever,  bv  authority  of  this  act  or  by 
existing  law,  the  commander-in-chief  increases  the  maxi- 
mum of  any  organization  of  the  militia  to  conform  to  the 
directions  issued  by  the  president  of  the  United  States  or 
by  the  United  States  war  department,  he  shall  increase 
the  minimum  number  authorized  to  be  enlisted  by  an 
amount  not  in  excess  of  the  number  by  which  he  has  so 
raised  the  maximum. 

Section  28.  The  maximum  for  the  strength  of  a  com- 
pany prescribed  by  this  act  shall  continue  in  force  so  long 
as  it  is  greater  than  the  minimum  which  the  president  of 
the  United  States  may  fix  under  United  States  law,  and 
shall  be  increased  by  order  of  the  conunander-in-chief  to 
the  strength  desigTiated  by  the  president  whenever  the 
minimum  so  designated  becomes  greater  than  the  maxi- 
mum prescribed  bv  this  act. 

Section  29.  The  commander-in-chief  may  from  time 
to  time,  by  order,  prescribe  the  numbers,  titles  and  duties 
of  noncommissioned  staff  officers,  noncommissioned  offi- 
cers, musicians,  artificers  and  cooks  in  the  naval  militia 
to  conform  to  the  custom  in  the  navy  of  the  United  States, 
as  the  interest  of  the  service  may  in  his  opinion  from  time 
to  time  demand. 

Section  30.  The  commander-in-chief  may  from  time 
to  time,  by  order,  prescribe  the  number  of  officers  and  en- 
listed men  to  be  mounted,  and  the  number  of  draft  horses 
for  each  carriage,  wagon  or  gun,  to  conform  to  the  practice 
in  the  regular  army,  or  to  conform  to  the  provisions  of 
the  act  of  congress  of  January  twenty-first,  nineteen  hun- 
dred and  three,  relative  to  organizing,  arming  and  equip- 
ping the  militia,  and  acts  in  amendment  thereof,  and  to 
the  army  regulations  and  orders  made  under  said  pro- 
visions. 

Section  31.  The  commanding  officer  of  a  battalion 
of  field  artillery,  squadron  of  cavalry,  corps  of  cadets,  or 
naval  brigade,  may  employ  or  raise  by  enlistment  a  band 


Orcanization 
to  be  in  con- 
formity with 
requirements 
of  the  laws  of 
the  United 
States. 


When  maxi- 
mum strength 
is  increased  the 
minimum  shall 
also  be 
increased. 


The  maximum 
strength  of  a 
company  to 
continue  in 
force  until, 
etc. 


Number,  titles, 
etc.,  of  non- 
commissioned 
staff  officers. 


Number  of 
officers  and 
enlisted  men 
to  be  mounted, 
etc. 


Musicians. 


660 


Acts,  1908.  — Chap.  604. 


Organizinji 
volunteer 
companies,  etc. 


Disbandment. 


Report. 


Inspection  of 
headquarters, 
armories,  etc. 


Surgeon 
general, 
salary,  etc. 


of  musicians,  not  exceeding  twentj-four  in  number,  to  be 
under  his  command.  Such  musicians  while  on  duty  shall 
be  subject  to  all  laws  and  regulations  for  the  govern- 
ment of  the  militia,  except  that  they  may  not  be  mustered 
in,  except  in  the  naval  brigade. 

Section  32.  Petitions  for  organizing  volunteer  com- 
jianies,  accompanied  by  the  approval  of  the  mayor  and 
aldermen  of  cities  or  of  the  selectmen  of  to\\Tis  in  which  a 
majority  of  the  petitioners  reside,  may  be  granted  by  the 
commander-in-chief,  due  regard  being  had  to  a  proper 
distribution  of  the  force  throughout  the  commonwealth ; 
but  no  new  company  shall  be  organized  except  as  provided 
in  section  eleven,  if  thereby  the  whole  number  of  com- 
panies would  exceed  the  number  established  by  this  act. 

Sectiox  o3.  The  commander-in-chief  may  disband  any 
com])any  of  the  volunteer  militia  falling  below  the  proper 
standard  of  efficiency. 

Section  34.  Chiefs  of  all  staff  corps  and  departments 
and  of  the  coast  artillery  corps  shall  annually  make  a  re- 
port to  the  adjutant  general  on  December  fifteenth. 

Section  35.  The  inspector  general,  or  such  other  offi- 
cers as  the  commander-in-chief  shall  designate,  shall  inspect 
once  in  every  year,  and  oftener  if  the  commander-in-chief 
shall  deem  it  necessary,  all  headquarters,  armories  and 
state  property  in  the  hands  of  the  militia,  and  shall  report 
the  condition  of  the  same,  and  what  is  a  proper  allowance 
for  rent.  The  superintendent  of  the  state  arsenal  may, 
under  orders,  inspect  state  property  in  armories  and  ascer- 
tain what  supplies  are  needed.  The  inspector  general,  or 
his  assistants  imder  his  orders,  may  inspect  any  organiza- 
tion at  any  time  when  the  troops  thereof  are  under  arms, 
or  in  attendance  at  their  armories ;  but  such  inspections 
shall  not  constitute  tours  of  duty  for  which  pay  will  be 
allowed. 

Section  36.  The  surgeon  general  shall  receive  a  salary 
of  twelve  hundred  dollars  a  year;  and,  subject  to  the 
orders  of  the  commander-in-chief,  shall  have  general  super- 
vision and  control  of  all  matters  pertaining  to  the  medical 
department  of  the  militia,  and  shall  prescribe  the  physical 
and  mental  disabilities  exempting  from  military  duty. 
He  shall  purchase  and  issue  all  medical  and  hospital  sup- 
plies, and  shall  perform  such  other  official  duties  as  the 
commander-in-chief  shall  direct. 


Acts,  1908.  — Chap.  604.  661 

Section  37.     The  judge  advocate  general  shall  review  Duties  of 

,  ,      •  -i-  n  T  r  i.        jvidge  advocate 

and  report  m  writing  upon  all  proceedings  oi  courts-  general. 
martial  requiring  the  action  of  the  commander-in-chief; 
shall  bring  all  necessary  actions ;  and  shall  be  the  legal 
adviser  of  the  militarv  department  of  tlie  common- 
wealth in  matters  referred  to  him  by  the  commander-in- 
chief. 

Section  38.     The  adjutant  general,  inspector  general,  be^'^gg^^^^rii" 
quartermaster   e'eneral,   commissary   general,   the   surgeon  interested  in 

^  1     1    ^-  •  11  •  1  1  -1      1    purcliases  and 

general,  and  their  assistants,  whether  appointed  or  detailed  sales,  etc. 
to  act  as  such,  and  subordinate  officers  of  their  depart- 
ments, shall  not  be  interested,  directly  or  indirectly,  in 
the  purchase  or  sale  of  any  article  intended  for,  making  a 
part  of,  or  appertaining  to,  their  respective  departments, 
except  for  and  on  account  of  the  commonwealth ;  nor  shall 
they  or  any  of  them  take  or  apply  to  his  or  their  own  use 
any  gain  or  emolument  other  than  what  is  allowed  by  law 
for  negotiating  or  transacting  any  business  in  their  respec- 
tive departments. 

Any  officer  who  violates  the  provisions  of  this  section  Penalty, 
shall  be  punished  by  imprisonment  for  a  term  not  exceed- 
ing five  years  or  by  fine  not  exceeding  five  thousand  dol- 
lars, or  both  such  fine  and  imprisonment. 

Section  30.    The  quartermaster  general  shall  give  bond  Quarter- 

/  ~  ~  master  general, 

to  the  commonwealth  m  the  penal  sum  of  twenty  thousand  bond,  etc. 
dollars,  with  two  sureties  at  least,  to  be  approved  by  the 
governor   and  council,   conditioned   faithfully  to  perform 
the  duties  of  his  offi-ce,  to  use  all  necessary  diligence  and 
care  in  the  safe  keeping  of  military  stores  and  property 
of  the  commonwealth   committed  to  his  custody,   and  to 
account  for  and  deliver  over  to  his  successor  or  to  any 
other  person  authorized  to  receive  the  same,  such  stores 
and  property.     The  commander-in-chief  may  require  the 
duties  imposed  upon  the  quartermaster  general  to  be  per- 
formed by  any  member  of  that  department,  who  shall  in 
that  case  give  bond  to  the  commonwealth  in  like  manner 
as  is  required  of  the  quartermaster  general.     The  quarter-  to  have  care 
master  general,   under  the   orders   of   the   commander-in-  s"a1e''camp^  °^ 
chief,  shall  have  the  care  and  control  of  the  state  camp  ground,  etc. 
ground  and  all  other  land  held  for  military  purposes,  of 
all  state  arsenals  and  magazines,  of  tlie  soldiers'  burial  lot 
and  monument  at  Dedham,  and  of  all  military  property 
of  the  commonwealth  except  such  as  is  by  law  expressly 


G62 


Acts,  1908.  — Chap.  604. 


To  purchase 
arms,  ammu- 
nition, etc. 


Duties  con- 
cerning loans 
of  state  mili- 
tary property, 
etc. 


Clerical  as- 
sistants, sala- 
ries, etc. 


intrusted  to  the  keeping  of  other  officers.  He  shall  pur- 
chase or  draw  bj  requisition  from  the  United  States  and 
shall  issue  all  arms,  ammunition,  clothing,  camp  ecpiipage 
and  military  supplies  and  stores  of  every  description,  ex- 
cept surgical  instruments  and  medical  supplies.  He  shall 
procure  and  provide  means  of  transport  for  the  militia  and 
for  all  its  implements,  munitions  of  war  and  military  sup- 
plies; such  transportation  to  be  in  kind  whenever  ])ra('- 
ticable.  He  may  receive  in  the  storehouse  at  the  state 
camp  ground,  from  the  several  militia  organizations,  such 
articles  of  personal  property  used  for  military  camping- 
purposes  as  can  be  ke])t  therein,  which  articles  shall  be 
received  and  delivered  at  the  expense  of  the  owners  and 
held  at  their  risk.  He  shall,  at  the  public  expense,  ])rovide 
suitable  places  for  the  safe  keeping  of  all  nnmitions  of 
war,  intrenching  tools  and  all  other  implements  of  war. 
Such  tools  and  implements  shall  be  designated  as  the 
property  of  the  commonwealth  by  suitable  permanent 
brands  or  marks  on  each  of  them.  He  may  allow  annually 
proper  accounts  for  the  repairs  of  uniforms  and  equip- 
ments. He  shall  adjust  all  accounts  relating  to  loans  of 
state  military  property  to  cities  and  to^vns,  institutions 
and  schools,  and  shall  require  annual  returns  of  such 
ju'operty  and  of  its  condition,  at  such  times  and  in  such 
manner  as  he  may  direct,  and  may  at  any  time,  under 
the  direction  of  the  commander-in-chief,  recover  the  whole 
or  any  part  of  such  property  as  he  may  deem  best  for 
the  commonwealth.  He  may  employ  the  following  cleri- 
cal assistants :  one  superintendent  of  armories,  with  a  sal- 
ary of  eighteen  hundred  dollars  per  annum ;  two  clerks, 
with  salaries  of  eighteen  hundred  dollars  and  twelve  hun- 
dred dollars  per  annum,  respectively ;  one  stenographer, 
with  a  salary  of  nine  hundred  dollars  per  annum.  The 
actual  transportation  expenses  of  the  superintendent  of 
armories,  in  visiting  the  various  armories  of  the  state, 
under  the  direction  of  the  quartermaster  general,  shall  be 
paid  from  the  appropriation  for  the  transportation  of  the 
militia.  The  superintendent  of  the  arsenal  shall  receive 
twelve  hundred  dollars  a  year,  and  shall  be  in  the  quarter- 
master general's  department,  as  a  clerk  in  addition  to  the 
clerks  above  named.  The  quartermaster  general  may  em- 
ploy such  additional  clerks  and  other  assistants  as  may  be 
necessary  in  his  (h^partment,  at  an  expense  not  exceeding 
twentv-three  hundred  dollars  a  vear. 


Acts,  1908.  — Chap.  604.  663 


Election  and  Appointment  of  Commissioned  Officers. 

Section  40.  Iso  j)erson  shall  be  eligible  to  election  or  EUgibiiity  to 
appointment  to  commissioned  office  in  the  militia  who  is  appointment, 
not  a  male  citizen  of  the  United  States,  of  eighteen  years 
of  age  or  npward,  resident  in  this  commonwealth,  or  who 
is  disqualified  bj  law  from  enrolment  in  the  militia,  or 
who  is  nnder  sentence  of  disability  to  hold  office  or  com- 
mand, or  of  suspension  from  command  in  the  military 
forces  of  the  United  States  or  of  any  state.  Ko  citizen 
not  enrolled  or  above  the  age  of  forty-five  years  shall,  on 
that  account,  be  ineligible  to  office  in  the  militia,  or  in- 
capable of  serving  in  a  volunteer  company. 

Section  41.  Commissioned  officers  shall  rank  accord-  mfs"i^oned°'"" 
ing  to  the  date  of  their  commissions.  Between  officers  of  officers, 
the  same  grade  and  date  of  appointment  or  commission, 
where  there  has  been  no  previous  military  service,  the 
relative  rank  shall  be  determined  by  lot.  Such  previous 
service  shall  count,  as  in  the  army  or  navy  of  the  United 
States,  and  in  the  volunteer  militia  or  reserve  militia  of 
this  commonwealth  only,  and  in  the  order  herein  named. 

The  day  of  the  appointment  or  election  of  an  officer  Day  of  appoint 
shall  be  expressed  in  his  commission  and  shall  be  con-  Hon  tD'he'eTx- 
sidered  as  the  date  thereof.     When  an  officer  is  appointed,  commilsi'on, 
elected,  or  transferred  from  one  office  or  organization  to  ^^^' 
another,  without  loss  of  grade  or  continuous   service,  he 
shall  rank  in  his  grade  according  to  the  date  of  his  original 
commission,  which  shall  be  stated  in  his  new  commission. 
The   provisions   of  this   section    shall   not   apply   when   a 
commissioned  officer  is  transferred  by  election  or  appoint- 
ment from  the  staff  to  the  line. 

Section  42.  The  staff  of  the  commander-in-chief  shall  ofS*""^"* 
be  appointed  by  him ;  the  staff  of  a  brigade,  by  the  briga-  officers. 
dier  general  commanding;  the  staff  of  a  regiment  of 
infantry,  battalion  of  artillery,  squadron  of  cavalry,  corps 
of  cadets,  the  naval  brigade,  or  unattached  company,  by 
the  permanent  commander  thereof;  and  they  shall  be 
commissioned  by  the  coimnander-in-chief  on  the  request 
of  the  appointing  officers. 

All  officers  in  the  staff  corps  and  departments  shall  be 
appointed  by  the  commander-in-chief,  and  shall  be  exam- 
ined as  required  for  staff  officers,  other  than  the  staff  of 
the  commander-in-chief,  and  the  appointments  made  in 
pursuance  of  general  order  number  twenty-four,  adjutant 


064 


Acts,  1908.  — Chap.  604. 


Eligibility  for 
appoiiitineiit 
as  staff  otficer. 


Eligibility  for 
appointment 
as  nieilical 
officer,  etc. 


Certain  officers 
to  be  elected 
by  ballot. 


Orders  for 
elections. 


Officers  of  com- 
panies not  to 
be  elected 
until  minimum 
number  is 
enlisted. 
Vacancies, 
when  to  be 
filled. 


Places  for 
elections. 


Notices  of 
elections. 


general's  office,  series  of  nineteen  hundred  and  seven,  are 
hereby  ratified  and  confirnied, 

Xo  person  shall  be  eligible  to  be  appointed  as  a  staff 
officer  unless  he  has  served  in  the  regular  or  volunteer 
naval  or  military  forces  of  the  United  States,  or  in  the 
militia  or  naval  militia  of  some  state  thereof. 

Sectiox  -13.  Xo  person  sliall  be  eligible  to  appoint- 
ment as  a  medical  commissioned  officer  or  veterinarian 
unless  he  has  been  duly  registered  in  accordance  with  the 
laws  of  this  commonwealth,  and  has  conqilied  with  the 
laws  of  the  commonwealth  relative  to  the  practice  of  his 
profession. 

Section  44.  The  following  officers  of  the  militia  shall 
be  elected  by  ballot :  brigadier  generals,  by  the  field  officers 
of  the  respective  brigades ;  field  officers  of  regiments,  bat- 
talion of  field  artillery,  squadron  of  cavalry  and  of  corps 
of  cadets,  by  the  captains  and  lieutenants  of  the  several 
companies  of  the  respective  regiments,  separate  battalion, 
squadron,  or  corps;  captain  and  lieutenant  commanders 
of  the  naval  brigade,  by  the  company  officers  of  the 
brigade ;  lieutenants,  lieutenants  junior  grade  and  ensigns 
of  companies,  by  the  enlisted  men  of  the  resjiective  com- 
panies; captains  and  lieutenants  of  companies,  by  the 
written  votes  of  the  enlisted  men  of  the  respective  com- 
panies, except  that  in  the  corps  of  cadets,  captains  and 
lieutenants  shall  be  elected  by  the  written  votes  of  the 
enlisted  men  of  the  respective  corps. 

Section  45.  Elections  of  brigadier  generals  shall  be 
ordered  by  the  commander-in-chief.  Elections  of  other 
officers  shall  be  ordered  either  by  the  commander-in-chief 
or  by  such  officers  as  he  may  authorize  thereto. 

Section  46.  Elections  of  officers  shall  not  be  ordered 
in  any  company  unless  the  minimum  number  of  men  are 
actually  enlisted  and  mustered  in. 

Section  47.  Vacancies  in  the  gi-ades  of  company 
officers  shall  be  filled  and  the  officers-elect  commissioned 
before  an  election  of  field  officers  is  held  for  the  respec- 
tive organizations ;  and  every  vacancy  in  the  grade  of  field 
officer  sliall  l)e  filled  in  each  brigade  before  an  election  of 
brigadier  generals  is  held  therein. 

Section  48.  Elections  shall  be  held  at  the  places  most 
convenient  for  the  majority  of  the  electors. 

Section  49.  ]^otices  of  elections  shall  be  given  to 
each  elector  at  least  four  days  before  the  time  of  the  meet- 


Acts,  1908.  — Chap.  604.  Q6^ 

ing,  either  verbally  or  by  delivering  to  him  in  person,  or  by 
leaving  at  his  usual  place  of  business  or  abode,  the  order 
for  such  election. 

Section  50.  Officers  ordering  elections  may  preside,  or  Presiding 
may  detail  some  officer  of  suitable  rank  to  preside.  An  eiecTionf 
officer  of  the  rank  of  captain  may  preside  at  the  election 
of  an  officer  of  equal  or  inferior  grade ;  but  no  candidate 
for  an  office  to  be  filled  shall  f)reside  at  the  election,  except 
to  adjourn  the  meeting  if  no  proper  officer  appears  to 
preside. 

Section  51.  The  jiresiding  officer  shall  keep  a  record  record°"return 
of  the  proceedings  and  shall,  within  six  days  thereafter,  ^t^. 
make  a  certified  return  thereof  to  the  adjutant  general, 
through  the  proper  military  channel,  for  the  information 
of  the  commander-in-chief;  and  the  officer-elect  shall,  if  he 
is  eligible  and  accepts,  thereupon  be  conunissioned  and 
notified  to  appear  before  the  proper  examining  board  or 
boards. 

Section   52.      A  certified  roster  of  the  brigade,   regi-  Presiding 

„         ,  11-1         officer  to  be 

ment,  battalion,  squadron,  corps  oi  cadets,  or  naval  brigade,  furnished  with 
or  a  certified  roll  of  the  company  or  companies,   as  the 
case  may  be,  shall  be  furnished  to  the  presiding  officer  pre- 
vious to  an  election. 

Section  53.     No  election  shall  be  held  unless  a  ma-  Majority  of 
jority  of  the  electors  are  present.     If  there  is  no  quorum  pr*e'se°n7.  " 
or  the  electors  present  fail  to  elect  and  the  meeting  is  ad- 
journed, the  presiding  officer  shall,  in  writing,  report  the 
facts  to  the  adjutant  general.     Elections  may  not  be  ad-  Adjournment. 
journed  more  than  twice,  and  each  adjournment  shall  be 
for  a  period  not  exceeding  two  days. 

Section  54.      The  person  who  has  a  majority  of  the  Majority  to 
ballots  of  the  electors  present  shall  be  deemed  elected,  and 
the  presiding   officer   shall    forthwith   notify   him   of   his 
election. 

Section  55.     Persons  elected   to  office   in  the  militia  Persons  elected 
shall  within  three  days  declare  in  writing  or  in  person  to  dedhieretc^ 
the  officer  presiding  at  their  election  their  acceptance  or 
declination,  which  shall  be  a  part  of  the  return  of  the  pre- 
siding officer. 

Section  56.     If  the  person  chosen  signifies  to  the  pre-  in  case  of 
siding  officer,  either  in  person  or  in  writing,  his  refusal  to  acce'Jrt  another 
accept,  before  the  dissolution  of  the  meeting,  the  refusal  heid.'°°  ^°  ^^ 
shall  be  recorded  and  included  in  the  return,  and  the  elect- 
ors shall  proceed  io  another  election. 


GGG 


Acts,  1908.  — Chap.  604. 


Acceptance  to 
vacate  office 
previously 
held. 


Governor  to 
fill  vacancy  in 
certain  cases. 


Company  re- 
fusine  to  elect 
officers  may  be 
disbanded. 


Veterinarians, 
pay  and 
allowance,  etc. 


Section  57.  The  acceptance  of  one  office  in  the  militia 
shall,  for  the  purpose  of  election,  vacate  another  office 
therein  previously  held,  by  the  same  person ;  but  the  officer 
shall  ser\'e  until  his  successor  is  qualified,  if  so  ordered  by 
his  regimental,  battalion,  or  squadron  commander  or  by 
the  commander-in-chief. 

Section  58.  When  the  electors  neglect  or  refuse  to  fill 
a  vacancy  the  governor  v^ath  the  advice  of  the  council  shall, 
except  as  provided  iu  tlie  following  section,  appoint  a  suit- 
able person  thereto. 

Section  59.  If  a  company  having  no  commissioned 
officers  has  twice  been  ordered  to  elect  officers  and  neglects 
or  refuses  to  elect  one  of  such  officers,  it  may  l)e  disbanded 
by  the  commander-in-chief. 

Section  60.-  Veterinarians,  although  not  commissioned 
officers,  shall  have  the  pay  and  allowances  of  a  second  lieu- 
tenant, mounted,  and  shall  be  considered  part  of  the  bat- 
talion or  squadron  commissioned  staif,  to  be  appointed  by 
the  commander-in-chief  on  the  recommendation  of  the  per- 
manent battalion  or  squadron  commander. 


Physical  ex- 
aminations. 


Record  to  be 
kept,  etc. 


Exaniinhig  Boards. 

Section  61.  Commissioned  officers,  except  the  staff 
officers  of  the  commander-in-chief,  medical  officers,  veter- 
inarians and  chaplains  shall,  upon  being  notified  a-s  pro- 
vided in  section  fifty-one,  appear  before  a  board  of  three 
medical  officers,  which  shall  examine  the  officers  who  ap- 
pear before  it  as  to  their  physical  fitness  to  perform  their 
duties.  Such  officers  as  said  board  finds  to  be  physically 
competent,  and  so  certifies,  shall  thereafter  appear  before 
an  examining  board,  consisting  of  not  less  than  five  nor 
more  than  seven  officers  designated  by  the  commander-in- 
chief.  Members  of  said  board  shall  not  take  part  in  the 
examination  of  or  give  any  opinion,  information  or  advice 
as  to  the  fitness  or  competence  of  any  officer  who  has  any 
business  or  family  connection  with  them  or  might,  as  a 
result  of  the  examination,  come  luider  their  immediate 
command.  The  commander-in-chief  may,  if  he  tliinks  it 
necessary,  make  a  temporary  detail  to  fill  a  vacancy  in 
said  board  caused  by  temporary  ineligibility  or  absence. 

Section  62.  A  complete  record  shall  be  kept  by  the 
secretarv  of  the  board,  elected  bv  the  board  from  its  mem- 


Acts,  1908.  — Chap.  604.  667 

bers,  of  all  meetings  of  the  board.  Such  record  shall  em- 
brace a  statement  at  length  of  the  proceedings,  including 
the  names  of  the  members  present,  the  name  of  any  officer 
temporarily  assigned  for  duty  upon  the  board,  the  name 
of  any  officer  who  is  absent  and  the  cause  of  his  absence, 
the  name  of  every  officer  examined  and  the  questions  put 
to  him,  with  his  answers,  and  copies  of  all  communications 
from  and  the  originals  of  all  communications  to  the  board, 
with  the  findings  and  action  of  the  board  in  each  case  and 
the  reasons  therefor.  Such  record  shall  be  submitted  to  the 
board  at  its  next  meeting  thereafter  for  approval  or  cor- 
rection. 

Section  63.  After  receiving  from  the  board  of  medical  Examination, 
officers  a  certificate  of  physical  competency,  m  the  case  oi 
each  officer  who  appears  before  it,  the  examining  board 
shall  examine  all  such  officers  as  to  their  military,  moral, 
and  general  qualifications  as  hereinafter  set  forth,  and 
shall  administer  the  oaths  prescribed  by  section  seventy- 
three.  If  in  the  opinion  of  the  board  the  officer  is  compe- 
tent, it  shall  so  certify  to  the  commander-in-chief,  who  shall 
issue  his  order  announcing  the  result  of  the  examination. 
If  the  officer  fails  to  pass  a  satisfactory  examination,  the 
board  shall  so  notify  him  and  he  may,  within  ten  days 
after  the  time  when  he  receives  such  notice,  appeal  for  a 
reexamination  to  the  commander-in-chief,  who  may,  after 
an  examination  of  the  record  of  the  case,  order  a  reexam- 
ination of  such  officer  before  said  board  or  before  a  board 
convoked  by  him  for  the  purpose. 

Section  64.     Medical  officers  and  veterinarians  shall  Board  of 

••11  •      •  _£•       1  medical 

appear  before  an  examining  board,  consisting  oi  three  officers, 
medical  officers  designated  by  the  commander-in-chief, 
which  shall  certify  the  competency  of  such  officer,  or  give 
its  reasons  for  refusing  so  to  certify,  and  in  case  of  a  re- 
fusal it  shall  transmit  the  complete  record,  with  its  reasons 
for  refusal  to  the  commander-in-chief.  It  shall  administer 
the  oaths  prescribed  for  other  commissioned  officers. 

Section  65.     An  officer  wdio  fails  to  appear  before  a  Discharges, 
board  of  examiners  within  forty  days  after  the  date  of  his  ["peiigfbifity!" 
election  or  appointment,  and  who  does  not  furnish  satis-  ^*''- 
factory  explanation  of  his  absence,  or  who  fails  to  pass  a 
satisfactory   examination   before   tlie  board   authorized   to 
examine  or  reexamine  him,  shall  forthwith  be  discharged 
by  the  commander-in-chief;  but  such  officer  may  enlist  to 


608 


Acts,  1908.  — Ciiap.  604. 


continuous 
service 


Examinations 
for  certain 
staff  positions. 


secure  contimious  service  and  his  enlistment  shall  date 
from  the  day  of  his  election  to  the  office  for  which  he  failed 
to  pass  a  satisfactory  examination,  if  he  so  enlists  within 
thirty  days  after  the  date  of  his  discharge  from  the  office 
to  which  he  was  elected.  A  commissioned  officer  who  has 
been  discharged  by  reason  of  failure  to  pass  a  satisfactory 
examination  shall  not  be  eligible  for  election  or  appoint- 
ment to  a  commission  within  two  months  after  such  dis- 
charge. 
Officer  re-  Skction  C6.     An  officcr  resigning  his  commission  may 

signing  may  .  .  .^  ^  ,   ,   .  ,.    ^  .l      i      il 

enlist  to  secuie  cnhst  to  securc  continuous  service,  and  nis  enlistment  snail 
date  from  the  day  of  his  resignation,  if  he  is  mustered 
witliin  thirty  days  thereafter, 

Seotiox  67,  Examinations  for  staff  ]X)sitions,  except 
for  members  of  the  staff  of  the  commander-in-chief,  medi- 
cal officers  and  veterinarians,  may  be  of  such  general  char- 
acter as  to  experience  and  moral  and  military  qualifica- 
tions as  the  board  may  in  each  case  determine.  A  staff 
officer  shall,  at  his  request  or  if  the  board  so  orders,  be 
examined  in  the  manner  provided  for  other  officers. 

Section  G8.  Other  officers  shall  be  examined  by  written 
questions  prepared  in  advance,  equal  in  number  and  as 
nearly  as  possible  equal  in  difficulty  for  officers  of  the 
same  grade,  the  answers  to  which  shall  be  in  writing;  but 
such  questions  may  l>e  gi-eater  in  number  and  difficulty  for 
officers  of  higher  grades,  A  number  of  sets  of  such  ques- 
tions for  the  several  grades  shall  be  prepared  in  advance, 
under  the  direction  of  the  board,  for  examination  of  offi- 
cers of  the  several  grades.  Xo  special  set  of  questions  shall 
lie  used  in  the  examination  of  any  officer.  All  questions 
propounded  in  examinations  as  to  the  technical  military 
qualifications  of  an  officer  shall  be  based  on  military  text 
books  of  recognized  authority,  to  be  selected  from  time  to 
time  by  the  examining  board.  The  titles  of  all  books  so 
selected  and  the  number  required  shall  be  furnished  to  the 
quartermaster  general  by  said  board,  and  the  specific  parts 
thereof  adopted  as  the  basis  of  examination  shall  be  pro- 
mulgated to  the  volunteer  militia  by  the  commander-in- 
chief  in  such  manner  as  to  indicate  the  exact  scope  or 
standard  required  of  candidates  in  each  respective  gi-ade 
or  staff  position,  and  the  quartermaster  general  shall  fur- 
nish upon  requisition,  to  officers  accountable  for  public 
property,  copies  of  such  books  for  the  use  of  such  officers 


Examination 
of  otlier 
officers. 


Acts,  1908.  — Chap.  604.  669 

and  of  those  belonging  to  their  commands.  At  snch 
written  examinations  every  officer  shall  also  make,  npon 
a  prepared  form,  answers  showing  his  military  service  and 
experience  and  his  residence  and  occupation.  Any  other 
qnestions  which  the  board  or  any  member  thereof  may 
desire  to  ask  shall  be  fully  written  ont  and  the  answers 
thereto  shall  be  in  writing.  The  board  may  make  other 
inquiry  relative  to  the  officer  ordered  before  it  for  exam- 
ination, but  snch  inquiry  and  the  answer  thereto  shall  in 
all  cases  be  in  writing,  and  all  communications  from  and 
to  the  board  shall  be  a  part  of  the  record  and  shall  be  pre- 
served upon  its  files.  Neither  the  board  nor  any  member 
thereof  shall  make  any  inquiry  or  receive  any  communica- 
tion, oral  or  written,  relative  to  an  officer  before  it,  or 
who  is  to  come  before  it,  as  to  any  matter  affecting  his 
qualifications  as  an  officer  in  the  militia  except  as  above 
authorized. 

Section  69.     The  secretarv  of  the  board  shall  i>reserve  Preservation 

''  1      1         c      T  J.   of  records. 

all  examinations,  reports  and  papers,  and  the  hnamgs  ot 
the  board  in  the  case  of  each  officer;  and  the  same  shall, 
upon  the  demand  of  the  commander-in-chief,  l^e  laid  before 
him. 

Section  70.     The  provisions  of  the  preceding  nine  sec-  Special  boards, 
tions  shall,  so  far  as  they  arc  applical)le,  apply  also  to  any 
special  board  convoked  by  order  of  the  commander-in-chief 
for  examination  of  officers. 

Section  71.    An  officer  who  has  passed  his  examination  Candidates 

•1  1  in  1  j-1        "^^y  "^  passed 

and   has    been   assigned   to   dutv   shall    not   therealter    bo  conditionally. 

*^    .  •  •  etc. 

ordered  before  the  board  of  examiners  Avhile  acting  under 
the  same  commission ;  but  said  board  may  pass  a  candidate 
conditionally  and  order  him  to  appear  for  further  examina- 
tion within  ninety  days  after  the  date  of  his  first  examina- 
tion, and  an  officer  so  conditionally  passed  who  fails  to  a]> 
pear  before  the  board  within  the  time  designated,  and  does 
not  furnish  satisfactory  explanation  of  his  absence,  or  who 
then  fails  to  pass  a  satisfactory  examination,  shall  be  dis- 
charged by  the  commander-in-chief. 

Section  72.     An  officer  who  in  the  opinion  of  his  com-  incompetency, 
manding  officer  is  incompetent,  or  is  impairing  the  effi-  investigated. 
ciency  of  the   organization   to   which  he   is   attached,   by 
mismanagement,  neglect,   or  misconduct  in  civil  life  for 
which  he  is  not  amenable  to  court-martial,  may,  upon  the 
request  of  his  commanding  officer,  be  ordered  to  appear 


670  Acts,  1908.  — Chap.  60i. 


e"c.° hlfw  inves-  bcfore  a  spccial  board  of  examiners  consisting  of  not  less 
tigated.  ii^^j^  three  nor  more  than  seven  officers,  none  of  whom  shall 

be  of  lower  rank  than  the  officer  under  investigation.  The 
members  of  such  board  may,  for  cause,  be  challenged  by 
the  accused  as  provided  by  the  regulations  as  to  courts- 
martial,  and  vacancies  thus  created  shall  be  filled  in  the 
manner  prescribed  for  military  boards.  Said  board  shall 
without  delay  inquire  into  the  charges  preferred  against 
the  accused,  and  may  examine  him,  as  provided  in  sec- 
tion sixty-three,  as  to  his  mental  and  military  qualifica- 
tions; but  the  accused  may  produce  any  competent  evidence 
by  witnesses  or  otherwise,  and  may  be  represented  by  coun- 
sel. The  president  of  such  board  may  administer  oaths  to 
witnesses,  and  may  issue  summonses  as  provided  in  section 
one  hundred  and  eighty-five ;  and  officers  or  soldiers  failing 
to  serve  such  summons  or  failing  to  appear  when  so  sum- 
moned without  a  sufficient  excuse,  shall  be  liable  to  trial 
by  court-martial  as  for  disobedience  of  orders,  or  may,  as 
well  as  other  witnesses  failing  to  appear,  be  compelled  to 
appear,  as  provided  by  section  ten  of  chapter  one  hundred 
Judge  advocate  and  soventy-five  of  the  Revised  Laws.  Such  board  may, 
suungs^of  with  the  approval  of  the  commander-in-chief,  require  a 
aminersin'''  jiidge  advocatc  to  attend  its  sittings,  when  taking  testimony 
etc*^'°  ''^^®®'  or  investigating  any  complaint.  It  shall  report  the  facts, 
with  the  evidence  and  its  recommendations,  to  the  com- 
mander-in-chief, who  may,  if  the  board  so  recommends, 
discharge  such  officer.  An  officer  failing  to  appear,  as 
ordered,  before  such  special  board  shall  be  discharged  by 
the  commander-in-chief. 
Oath  of  office.  Section  73.  Every  commissioned  officer,  before  enter- 
ing upon  the  performance  of  his  official  duties  or  exercising 
any  command,  shall  take  and  subscribe  the  following  oaths 
and  declarations :  — 

I,  A.  B.,  do  solemnly  swear  that  I  will  bear  true  faith  and 
allegiance  to  the  commonwealth  of  Massachusetts,  and  will  sup- 
port the  constitution  thereof.     So  help  me  God. 

I,  A.  B.,  do  solemnly  swear  that  I  will  obey  the  lawful  orders 
of  all  my  superior  officers.     So  help  me  God. 

I,  A.  B.,  do  solemnly  swear  that  I  will  faithfully  and  impar- 
tially discharge  and  perform  all  the  duties  incumbent  on  me  as 

,  according  to  the  best  of  my  ability 
and  underslandino',  agreeably  to  the  rules  and  regulations  of  the 
constitution  and  the  laws  of  the  commonwealth.     So  help  me  God. 

I,  A.  B.,  do  solemnly  swear  that  I  will  support  the  constitution 
of  the  United  States.     So  help  me  God. 


Acts,  1908.  — Chap.  604  671 

All  officers  shall  take  and  subscribe  the  said  oaths  before  Qualifying 
the  examining  boards,  except  the  staff  officers  of  the  com-  ° 
mander-in-chief,  who  may  take  the  said  oaths  before  any 
competent  authority ;  and  the  following  certificate  shall  be 
printed  on  every  commission  and  shall  be  signed  by  the 
person  before  whom  the  officer  is  qualified :  — 

This  may  certify  that  A.  B.,  commissioned  as  within,  on  this 
day  of  ,  A.  D.,  ,  person- 

ally appeared  and  took  and  subscribed  the  oaths  required  by  the 
constitution  and  laws  of  this  conuuouwealth  and  by  a  law  of  the 
United  States,  to  qualify  him  to  discharge  the  duties  of  his  office. 
Before  me, 
• 

Appointment  and  Reduction  of  Noncommissioned  Officers. 

Section  74.  ^Noncommissioned  staff  officers  and  color  Noncommis- 
sergeants  of  regiments,  battalion  of  field  artillery,  squadron  appoint'me''ntT' 
of  cavalry,  the  naval  brigade,  corps  of  cadets,  and  staff  ***"■ 
corps  and  departments,  shall  be  appointed  and  warranted 
by  their  respective  permanent  commanders.  Such  com- 
manders shall  appoint  and  warrant  the  noncommissioned 
officers  of  companies,  as  provided  in  the  next  three  sections  ; 
but  they  may  withhold  such  appointment  if  in  their  judg- 
ment there  be  proper  cause.  Noncommissioned  officers  of 
unattached  companies  shall  be  appointed  and  warranted  by 
their  respective  captains.  First  sergeants,  quartermaster 
sergeants  and  stable  sergeants  shall  be  appointed  by  the 
permanent  company,  battery,  troop  or  corps  commanders, 
without  reference  to  higher  authority,  from  the  duty  ser- 
geants of  their  respective  organizations,  and,  by  said  com- 
manders, respectively,  may  be  returned  to  the  grade  of  duty 
sergeant  at  any  time.  They  shall  be  appointed  and  re- 
turned to  the  grade  of  duty  sergeant  by  a  company  order, 
a  copy  of  which  shall  be  forwarded  at  once  to  the  adjutant 
general,  and  to  regimental,  separate  battalion,  squadron 
and  corps  headquarters ;  and  the  relative  seniority  of  first 
sergeants,  quartermaster  sergeants  and  stable  sergeants 
shall  be  determined  by  the  dates  of  the  orders  appointing 
them. 

Section  75.     Company  noncommissioned  officers  shall  comm?s"Lned 
be  appointed  by  regimental  commanders,  or  by  separate  bat-  officers. 
talion  commanders,  on  the  recommendation  of  their  com- 
pany commanders;  but  in  no  case  shall  any  company  or- 
ganization have  an  excess  of  noncommissioned  officers  above 


672 


Acts,  1908.  — CiiAr.  G04. 


Mechanics, 
cooks,  etc.,  to 
be  enlisted  as 
privates,  etc. 


Coast  artillery 
ci)rps  noncom- 
missioned 
staff  officers, 
by  whom  ap- 
pointed, etc. 


When  appoint- 
ments take 
effect. 


QuaUhcations 
of  sergeants, 
etc. 


Noncommis- 
sioned officers 
may  be  re- 
duced to  the 
ranks  in 
certain  cases. 


the  innnber  allowed  by  law  or  orders.  The  noncommis- 
sioned officers  of  coast  artillery  corps  companies  shall,  npon 
the  recommendation  of  the  company  commanders,  be  ai> 
pointed  by  the  chief  of  the  coast  artillery  corps. 

Section  76.  Chief  mechanics,  cooks,  farriers  and  black- 
smiths, mechanics,  artificers,  saddlers,  wagoners,  musicians, 
trnmpeters,  and  first  class  privates  shall  be  enlisted  as  pri- 
vates, and  after  joining  their  companies  shall  be  appointed 
by  their  respective  company  commanders.  For  inefficiency 
or  misconduct  they  shall  be  subject  to  reduction  by  the 
same  authority. 

Section  77.  The  coast  artillery  corps  noncommissioned 
staff  officers  shall  be  appointed  by  the  chief  of  the  coast 
artillery,  after  due  examination  under  rules  announced 
from  time  to  time.  They  shall  be  furnished  with  warrants 
signed  by  the  chief  of  coast  artillery.  The  appointment 
shall  take  effect  on  the  day  upon  which  it  is  made,  and  the 
warrant  may  be  continued  in  force  npon  discharge  and 
recnlistment,  if  reenlistment  be  made  within  thirty  days 
following  the  discharge.  Every  reenlistment  and  continu- 
ance shall  be  noted  on  the  warrant. 

Section  78.  Appointments  of  company  noncommis- 
sioned officers  shall  take  effect  on  the  day  of  appointment  by 
the  authorized  commander,  and  of  first  sergeants,  quarter- 
master sergeants,  stable  sergeants,  chief  mechanics,  cooks, 
artificers,  farriers  and  blacksmiths,  mechanics,  saddlers, 
wagoners,  musicians,  trumpeters,  and  first  class  privates 
on  the  day  of  appointment  by  the  company  commander. 

Section  79.  Sergeants,  first  class,  and  eight  sergeants 
of  the  hospital  corps,  shall  have  the  qualifications  pre- 
scribed for  a  medical  officer,  or  shall  duly  be  registered  as 
pharmacists. 

Section  80.  The  permanent  commander  of  any  regi- 
ment, battalion  of  field  artillery  or  scpiadron  of  cavalry, 
the  naval  brigade,  corps  of  cadets,  staff  corps  and  depart- 
ments, or  an  unattached  company,  may  reduce  to  the  ranks 
any  company  noncommissioned  officer  of  his  command. 
Permanent  commanders  of  regiments,  battalion  of  field 
artillery,  s(piadron  of  cavalry,  the  naval  brigade  and  of 
cadet  corps,  and  staff  corps  and  departments,  may  reduce 
to  the  ranks  noncommissioned  staff  officers  of  their  corjTS. 
Company  noucommissicmed  officers  may  be  reduced  to  the 
ranks  by  sentence  of  courts-martial.     Company  noncom- 


Acts,  1908.  — Chap.  604.  673 


missioned  officers,  liaving  been  appointed  and  assigned  to 
duty,  shall  not  thereafter  be  reduced  to  the  ranks  except 
at  their  own  request,  or  for  cause  clearly  set  forth  in  the 
order  reducing  them. 

Enlistment  and  Mustcr-in  of  Soldiers. 

Section  81.  Every  person  enlisting  in  the  volunteer  Enlistment 
militia  shall  be  mustered  into  the  service  of  the  common-  ^°  ^us  er-m. 
wealth  for  a  term  of  three  years ;  but  a  soldier  who  has  re- 
ceived an  honorable  discharge  from  the  Massachusetts  vol- 
unteer militia,  at  the  expiration  of  his  term  of  service,  may 
reenlist  and  be  mustered  in  for  a  term  of  one,  two  or  three 
years  at  his  election.  Terms  of  service,  except  in  cases  of 
reenlistment,  shall  begin  at  noon  on  the  day  of  enlistment, 
if  the  enlisted  man  is  mustered  in  within  thirty  days  there- 
after. When  a  soldier  reenlists,  and  is  mustered  into  ser- 
vice within  thirty  days  after  the  expiration  of  his 'previous 
term,  his  term  of  service  shall  be  considered  as  continuous 
and  shall  begin  at  noon  of  the  day  of  such  expiration,  and 
enlistments  and  musters  shall  so  be  dated. 

Section  82.    All  soldiers,  except  noncommissioned  staff  Enlistments  to 

.  '  i  .  be  as  pnvates. 

officers,  shall  be  enlisted  and  mustered  m  as  privates. 

Section   83.      The  commanding  officers  of  regiments,  Recruiting 
separate  battalion,  or  squadron  and  the  naval  brigade  shall  °  '^^^^' 
be  the  recruiting  officers  for  their  respective  noncommis- 
sioned staffs  and  enlisted  men  attached  to  the  headquarters 
of  their  commands.     The  commanding  officers  of  corps  of 
cadets,    and    staff    corps    and    departments,    shall    be    re- 
cruiting  officers   for   their   respective   corps ;    and   persons 
appointed  by  the  commander-in-chief  for  new  companies 
shall  act  as  recruiting  officers  thereof  until  a  captain  is 
elected  or  appointed.     Company  commanders  shall  be  the 
recruiting  officers  for  their  commands.      Upon  a   vacancy  vacancies, 
the   commanding   officer   of  regiments,    separate   battalion 
and  squadron,  may  order  some  officer  to  perform  the  duty 
until  the  vacancy  is  filled.     Recruiting  officers  may  enroll  Additional  re- 
applicants  for  enlistment  above  the  maximum  allowed  by  mentVetc 
law,  not  exceeding  fifteen  in  number  in  each  company,  and 
such  applicants  may  be  instructed  and  drilled  as  recruits, 
and  in  the  discretion  of  the  recruiting  officer  may  be  pre- 
ferred for  enlistment  as  vacancies  may  occur. 

SECTiOiSr  84.     The  officers  named  in  the  preceding  sec-  Mustering 
tion  as  recruiting  officers  shall  be  niusterinir  officers  for  "^cers. 


674 


Acts,  1908.  — Chap.  604. 


Mustering 
officers. 


Enlistment 
roll. 


miistering  in  and  administering  the  prescribed  oath  of  en- 
listment to  all  soldiers  enlisted  by  them.  Mustering  of- 
ficers shall  forward  to  the  commander-in-chief,  through  the 
proper  military  channels,  the  returns  of  the  enlistment  and 
muster-in  of  soldiers  as  soon  as  practicable,  and  not  later 
than  ten  days  thereafter.  Such  returns  shall  be  in  such 
form,  and  accompanied  by  such  certificates,  descriptive 
lists  and  other  information  relating  to  the  recruit,  as  may 
be  required  by  law  or  prescribed  in  orders  by  the  com- 
mander-in-chief. But  no  recruit  shall  knowingly  and  in- 
tentionally be  accepted  who  is  not  eligible  for  enlistment 
under  the  law,  or  who  is  physically  or  otherwise  below  the 
standard  prescribed  by  the  cominander-in-chief.  No  re- 
cruit having  been  accepted  shall  be  mustered  into  the  ser- 
vice until  all  the  requirements  of  the  statute  law,  of  the 
militia  regulations,  and  of  all  proper  orders  relating  to  the 
enlistment  and  muster-in  of  soldiers  have  been  complied 
Avith. 

Section  8,5.     Recruits  shall  sign  an  enlistment  roll,  in 
form  as  follows :  — 


I,  whose  signature  is  hereiuito  affixed,  do  hereby  enlist,  [or 
reenlist,  as  the  case  ma,y  be]  in  [company,  battalion  or  regiment 
or  corps,  etc.]  of  the  Massachusetts  vohmteer  militia  for  the  term 
set  against  my  name,  subject  to  all  laws  and  regulations  which 
may  govern  the  same ;  and  I  do  declare  that  I  know  of  no  impedi- 
ment to  my  serving  honestly  and  faithfully  as  a  soldier  for  the 
term  of  my  enlistment. 


Oath  to  be 
administered 
by  mustering 
officer. 


Section  80.  As  soon  as  practicable,  wuthin  thirty  days 
after  such  enlistment,  the  recruit  shall  be  mustered  in  by 
a  mustering  officer,  before  w^hom  he  shall  make  oath  as 
follows :  — 


I,  ,  do  solemnly  swear  that  I  will  bear  triie  faith 

and  allegiance  to  the  commonweaUh  of  Massachusetts,  and  will 
support  tlie  constitution  thereof;  and  I  do  also  solemnly  swear 
that  I  will  faithfully  observe  and  obey  all  laws  and  regulations 
for  the  government  of  the  volunteer  militia  of  said  common- 
wealth, and  the  orders  of  all  officers  elected  or  appointed  over 
me.  T  do  also  solemnly  swear  that  I  will  support  the  constitu- 
tion of  the  United  States.     So  help  me  God. 

Sworn  to  before  me. 


Mustering  Officer. 


Acts,  1908.  — Chap.  604.  675 

Section  87.  ISTo  enlisted  man  shall  be  held  to  duty  in  Not  to  be  held 
the  volunteer  militia  or  receive  any  compensation  or  allow-  mustered,  etc. 
ance  mitil  he  is  mustered  in.  If  a  soldier  reenlisting  is 
absent  from  the  commonwealth,  or  is  at  such  a  distance 
from  his  command  that  he  cannot  be  mustered  in  by  the 
mustering  officer  of  his  regiment,  separate  battalion,  squad- 
ron, naval  brigade,  department  or  corps,  he  may,  with  the 
approval  of  his  proper  commanding  officer,  in  order  to 
secure  continuous  service,  take  the  oath  of  muster  before 
a  notary  public,  United  States  commissioner,  or  if  he  is 
abroad,  before  a  United  States  consul. 

Section  88.     The  commanding  officer  of  any  regiment  Muster-in  of 
or  battalion  of  field  artillery  or  squadron  of  cavalry,  the  forbidden. 
naval  brigade  and  corps  of  cadets,  may  forbid  the  muster- 
ing in  of  any  person  enlisted  if  in  his  judgment  such  per- 
son is  unfit  to  be  a  member  of  the  volunteer  militia. 

Section  89.  ISTo  soldier  whose  term  of  service  in  one  NoenUstment 
organization  has  not  expired  shall  enlist  in  another  or-  sel^rce.*^™  ° 
ganization  of  the  volunteer  militia. 

Section  90.  To  each  officer  or  enlisted  man  who  com-  ser\'ice  medals, 
pletes  nine  years  of  honorable  service,  continuous  or  other- 
wise, there  shall  be  issued  a  medal,  and  for  each  additional 
five  years  of  like  service,  a  clasp  to  be  affixed  thereto. 
Active,  retired  or  honorably  discharged  officers  and  enlisted 
men  who  have  ser\'ed  in  the  military  or  naval  service  of  the 
United  States  in  time  of  war  and  have  been  honorably  dis- 
charged therefrom,  shall  receive  an  additional  clasp  indica- 
tive of  such  ser-sdce,  to  be  affixed  to  the  medal  herein  pro- 
vided for. 

Discharge  and  Beiirement  of  Commissioned  Officers. 

Section  91.     An  officer  may  be  discharged  by  order  of  Discharge  of 
the  commander-in-chief,  upon  an  address  of  both  branches  officer." 
of  the  general  court  or  to  carry  out  the  lawful  sentence  of 
a  court-martial. 

Section  92.  An  officer  may  be  honorably  discharged  Honorable 
by  the  commander-in-chief  upon  removal  of  residence  from 
the  commonwealth ;  upon  tender  of  resignation ;  upon  the 
disbandment  of  the  organization  to  which  he  belongs ;  or, 
if  a  staff  officer,  upon  the  written  request  of  the  officer 
appointing  him,  or  upon  the  qualification  of  his  appointed 
successor ;   or  when  he  accepts  an  appointment  in  the  army 


676  Acts,  1908.  — CuAr.  604. 

or  navy  of  the  United  States.     Officers  in  staff  departments 
and  staff  corps  shall  be  discharged  or  retired  as  provided 
for  in  the  case  of  officers  of  the  line. 
Term  of  office        Section  93.     The  term  of  office  of  a  brigadier  general 

of  bngaflier  ,  ~  " 

general,  etc.  of  the  line  shall  hereafter  be  five  years,  and  he  shall  be 
ineligible  for  reelection ;  but  this  section  shall  not  affect 
the  tenure  of  office  of  any  brigadier  general  of  the  line 
holding  said  commission  on  May  twenty-six,  nineteen  hun- 
dred and  six,  for  whom  the  term  of  office  shall  be  seven 
years  from  the  date  of  his  election. 

If^c?io°ne?^tc  Section  94.  The  term  of  office  for  a  colonel  of  a  regi- 
ment, for  the  colonel  of  the  coast  artillery  corps,  and  for 
the  captain  of  the  naval  brigade  shall  hereafter  be  seven 
years,  and  he  shall  be  ineligible  for  reelection ;  but  officers 
holding  such  commissions  on  May  twenty-sixth,  nineteen 
hundred  and  six,  shall  be  allowed  to  serve  thereunder  for 
seven  years  from  that  date. 

Certain  officers  SeCTIOX  95.      AuV  officcr  designated  in  the  preceding  sec- 

may  be  retired,       .  "^  1         C     11  11  1    1  1    • 

rank,  etc.  tions  wlio  shall  scrve  hereafter  the  lull  term  allowed  by  this 

act,  shall,  upon  his  own  request,  be  placed  upon  the  retired 
list  with  the  rank  next  above  that  held  by  him  at  the  time 
of  the  making  of  such  request. 
Retirement  of  Section  96.  Any  commissioucd  officer  in  the  militia 
officers,  etc.  scrvice  who  has  served  as  such  in  the  active  militia  of  this 
commonwealth  for  the  period  of  ten  years  may,  u]X»n  his 
ovm  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  period  of  ten  years, 
or  has  served  as  a  commissioned  officer  for  the  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  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  commissioned  officer  requesting  retirement  after  the 
completion  of  twenty-five  3'ears  or  more  of  commissioned 
service  may  be  placed  upon  the  retired  list  with  such 
increase  in  rank  as  the  commander-in-chief  may  direct.  A 
commissioned  officer  upon  the  retired  list  who  accepts  a 
commission  in  the  active  militia  may  at  any  time,  upon 
his  own  application,  be  placed  again  upon  the  retired  list 


Acts,  1908.  — Chat.  604.  677 

with  the  rank  with  which  he  was  formerly  retired:    'pro-  Proviso. 
vided,  however,  that  if  his  latest  service  on  the  active  list 
has  entitled  him  to  a  grade  on  the  retired  list  higher  than 
that  previously  held  by  him,  he  shall  be  given  such  higher 
grade. 

Section  97.     The  commander-in-chief  may  retire  any  officer  may  be 
commissioned  officer  who  shall  have  been  ordered  by  him  physLaiiy*'* 
before  a  medical  board  consisting  of  at  least  three  com-  dufy/e[c. 
missioned  medical  officers,  if  such  board  report  him  to  be 
physically  unable  to  perform  the  duties  of  his  office. 

Section"  98.     Any  officer  who  has  been  honorably  dis-  Certain  dis- 
charged from  the  militia  since  the  year  eighteen  hundred  may%e  placed 
and  ninety-eight,  may,  upon  application  to  the  commander-  ust*  ^^  "^^^"^^ 
in-chief,  have  such  discharge  rescinded,  and  be  placed  upon 
the  retired  list  under  the  provisions  of  this  act. 

Section  99.     The  names  and  records  of  all  retired  of-  ^j-^eJ-o^cers^ 
fleers  shall  annually  be  printed  in  a  separate  register  in  to  be  printed, 
the  order  of  their  retired  rank,  to  be  appended  to  the  re- 
port of  the  adjutant  general. 

Section  100.  Retired  officers  shall  be  commissioned  on  Duties  and 
the  retired  list  by  the  commander-in-chief,  and  on  occa-  retired  officers, 
sions  of  ceremony  may,  and  when  acting  under  orders  as 
hereinafter  provided  shall,  wear  the  uniform  of  their  re- 
tired rank.  They  shall  be  eligible  to  perform  any  military 
duty  to  the  same  extent  as  if  not  retired,  and  the  com- 
mander-in-chief may,  in  his  discretion,  require  them  to 
serve  upon  military  boards,  courts  of  inquiry  and  courts- 
martial,  or  to  perform  any  other  special  or  temporary  mili- 
tary duty,  and  for  such  service  they  shall  receive  the  pay 
and  allowances  provided  for  like  service  by  officers  of  the 
active  militia:  provided,  however,  that  they  shall  only  re-  Proviso, 
ceive  the  pay,  allowances  and  benefits  provided  for  in  this 
act  while  on  active  duty.  They  shall  be  amenable  to  court- 
martial  for  military  offences,  as  if  upon  the  active  list  of 
the  volunteer  militia.  Their  names  shall  be  borne  on  a 
separate  roster,  kept  under  the  supervision  of  the  adjutant 
general.  They  shall  report  to  the  adjutant  general  any 
change  in  their  residence.  An  officer  now  on  the  retired 
list  may,  on  application,  receive  a  commission  on  the  re- 
tired list  as  provided  above,  and  such  commission  shall 
state  the  date  on  which  he  was  retired. 

Section    101.      The  commander-in-chief  may  dismiss  Dismissal  of 
an  officer  who  has  been  convicted  of  crime,  or  who  has  been  oncers. 


678 


Acts,  1908.  — Chap.  604. 


Certificate  of 
discharge. 


dishonorably  discharged  or  dismissed  from  the  service  of 
the  T'nited  States,  or  from  the  militia  of  this  or  any  other 
state ;  or  he  may  dismiss  an  officer  in  order  to  carry  out  the 
sentence  of  a  court-martial. 

SECTioisr  102.  Officers  discharged  from  the  service  of 
the  commonwealth  shall  be  entitled  to  a  certificate  of  dis- 
charge, in  such  form  as  the  commander-in-chief  shall  direct. 


Discharge  of 
enlisted  men. 


Proviso. 


Dishonorable 
discharge. 


Certificate  to 
state  reason, 
etc. 


Discharge  of  Enlhied  Men. 

Section  103.  oSTo  enlisted  man  shall  be  discharged  be- 
fore 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 ;  upon  re- 
moval of  residence  from  the  commonwealth,  or  so  far  from 
the  bounds  of  the  command  to  which  he  belongs  that  he 
cannot,  in  the  opinion  of  his  commanding  officer,  properly 
perform  his  military  duty ;  upon  disability,  established  by 
certificate  of  a  medical  officer ;  upon  conviction  of  a  felony ; 
Mdicn  in  the  opinion  of  the  commander-in-chief  the  inter- 
ests of  the  service  require  his  discharge ;  to  carry  out  the 
sentence  of  a  court-martial ;  or  upon  application  to  his  com- 
pany commander,  approved  by  superior  commanders :  pro- 
vided, however,  that  whenever  the  commanding  officer  of  a 
company  shall  apply  to  his  superior  commander  for  the 
discharge  of  an  enlisted  man  as  last  provided  above,  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  commanding  officer  of  his  organization,  or,  in  case  of 
unattached  companies,  to  the  adjutant  general,  for  a  hear- 
ing upon  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  104.  A  dishonorable  discharge,  or  a  discharge 
in  such  form  as  to  forbid  reenlistment,  shall  be  given  only 
upon  a  sentence  of  a  court-martial. 

Section  105.  A  discharged  soldier  shall  be  furnished 
with  a  certificate  of  discharge,  setting  forth  his  rank,  and 
stating  clearly  the  reason  for  his  discharge. 


Acts,  1908.  — Chap.  604. 


679 


Ai-ms,  Uniforms  and  Equipmoits. 

Section  10 G.  Commissioned  oflicers  shall  provide 
themselves  with  uniforms,  arms  and  equipments  prescribed 
by  the  commander-in-chief,  which  shall  be  free  from  at- 
tachment, distress,  execution  or  sale  for  debt  or  payment 
of  taxes.  The  uniform  or  insignia  of  rank  prescribed  for 
the  officers  of  the  volunteer  militia  shall  be  worn  only  by 
persons  entitled  thereto  by  commission  under  the  laws  of 
this  commonwealth  or  of  the  United  States  or  of  another 
state  of  the  United  States;  but  an  honorably  discharged 
officer  may  upon  public  occasions  wear  the  uniform  and 
insignia  of  rank  to  which  his  commission  entitled  him 
whil'e  in  service.  A  person  violating  any  provision  of  this 
section  shall  be  punished  by  a  fine  of  not  less  than  ten  and 
not  more  than  one  hundred  dollars,  on  complaint  of  any 
officer  of  the  militia. 

Section  107.  Except  as  provided  in  the  preceding  sec- 
tion, organizations  of  the  volunteer  militia  shall  be  pro- 
vided, at  the  expense  of  the  commonwealth,  with  the  uni- 
forms, arms,  equipments,  colors,  musical  instruments, 
books  of  instruction  and  of  record,  supplies  and  camp  and 
garrison  equipage  and  w^agons  and  draft  horses  necessary 
for  their  proper  training  and  instruction  and  the  perform- 
ance of  military  duty.  Such  property  shall  be  issued,  by 
the  quartermaster  general,  upon  requisition,  to  the  com- 
manders of  brigades,  regiments,  separate  battalion,  squad- 
ron, corps  of  cadets,  companies,  staff  corps  and  depart- 
ments, or  detachments ;  but  in  time  of  peace  no  uniforms, 
arms,  equipments  or  supplies  shall  be  issued  to  or  for  the 
use  of  any  company  wdiich  has  not  the  minimum  number  of 
enlisted  men. 

Section  108.  The  uniform  of  the  volunteer  militia 
shall  conform  as  nearly  as  practicable  to  that  of  the  regular 
army  of  the  United  States,  shall  be  substantially  alike  for 
each  arm  of  the  service,  and  the  style  shall  be  prescribed 
by  the  commander-in-chief.  ISFo  uniforms,  except  required 
yearly  supplies,  shall  be  provided  by  the  commonwealth 
without  a  special  appropriation  for  that  purpose,  and  they 
shall  be  purchased  under  such  inspection  as  the  com- 
mander-in-chief may  direct. 

Section  109.  The  uniforms,  arms,  equipments  and 
other  property  so  provided  shall  remain  the  property  of  the 
commonwealth,  shall  be  used  ouly  for  military  purposes, 


Commissioned 
officers  to  pro- 
vide uniforms, 
etc. 


Penalty  for 
unauthorized 
wearing  of 
uniform. 


Volunteer 
militia  to  be 
provided  with 
uniforms,  etc. 


Uniform  to 
conform  to 
that  of  the 
regiilar  army 
of  the  United 
States,  etc. 


Uniforms,  etc., 
to  be  used  for 
military  piir- 
poses  only,  etc. 


G80 


Acts,  1908.  — Chap.  G04 


Return  of 
public  prop- 
erty, etc. 


Military  prop- 
erty to  be  kept 
in  armories, 
etc. 

To  be  returned 
after  u.se,  etc. 


Uniform  to  be 
worn  only 
when  on  duty. 


Responsibility 
for  military 
property,  etc. 


Penalty  for 
injury  to 
military 
property,  etc. 


and  sliall  be  returned  ^vllen  ordered  bv  tlie  quartermaster 
general. 

Section  110.  An  officer  sliall,  on  the  first  days  of  July 
and  December  in  each  year,  make  a  full  return  of  the 
public  propert}'  for  military  use  for  which  he  is  account- 
able, in  such  form  as  may  be  prescribed,  and  shall  within 
fifteen  days  thereafter  forward  it  to  the  quartermaster 
general. 

Section  111.  All  arms,  equipments  and  military  prop- 
erty furnished  to  the  seA^eral  commands  shall  be  deposited 
in  the  armories  or  command  headquarters. 

Section  112.  Every  officer,  noncommissioned  officer 
and  soldier  shall  immediately  after  use  return  thereto  all 
military  property  of  the  commonwealth  issued  to  him  for 
military  service,  and  the  possession  by  him  when  not  on 
duty,  or  without  permission,  of  any  such  property  else- 
where than  in  the  armory  or  command  headquarters,  shall 
be  prima  facie  evidence  of  embezzlement. 

Section  113.  No  soldier  shall  wear  or  use,  except  upon 
military  duty  or  by  special  permission  of  his  company  com- 
mander or  other  competent  authority,  any  uniform  or  other 
article  of  military  property  belonging  to  the  common- 
wealth. 

Section  11-1.  An  officer,  noncommissioned  officer  or 
soldier  shall  be  responsible  for  the  care,  safe  keeping  and 
return  of  a  uniform  or  other  military  property  delivered 
to  him ;  he  shall  use  the  same  for  military  purposes  only, 
and  upon  receiving  a  discharge  or  otherwise  leaving  the 
military  service,  or  upon  the  demand  of  his  commanding 
officer,  shall  forthwith  deliver  such  uniform,  and  all  other 
military  property  in  his  possession,  to  said  commanding 
officer,  in  good  order  and  condition,  reasonable  use  and 
ordinary  wear  thereof  excepted. 

Section  115.  A  soldier  who  wilfully  or  maliciously 
destroys,  injures  or  defaces  any  military  property  be- 
longing to  or  in  the  care  of  the  commonwealth,  or  retains 
it  in  violation  of  any  provision  of  the  two  preceding  sec- 
tions, shall,  on  complaint  of  the  officer  responsible  for  such 
property,  be  punished  by  a  fine  of  not  more  than  double 
the  value  of  the  property  destroyed,  injured  or  defaced, 
such  fine  to  l)e  paid  to  the  quartermaster  general  and  to  be 
placed  to  the  credit  of  the  company  commander's  property 
account.     When  anv  officer  or  enlisted  man  neglects  or  re- 


Acts,  1908.  — Chap.  604.  681 

fuses  to  return  any  military  property  of  the  commonwealth 
or  of  the  United  States  or  of  any  militia  organization,  or 
to  account  satisfactorily  for  it  to  the  ofhcer  resi)onsible 
for  the  custody  of  the  property,  such  custodian  may  make  a 
written  complaint  directly  to  the  chief  of  the  district  po- 
lice, describing  the  offender  and  the  missing  property,  and 
thereupon  the  district  police  shall  make  diligent  search  for 
the  property  and  the  offender,  and  shall  institute  proceed- 
ings against  the  offender,  if  found,  by  complaint  and 
summons,  or  by  arrest  in  case  the  charge  against  the  of- 
fender is  embezzlement.  Upon  the  filing  with  the  court 
by  a  member  of  tlie  district  police  of  a  copy  of  the  com- 
plaint made  by  the  militia  officer,  any  court  of  competent 
jurisdiction  shall  issue  a  summons  to  the  defendant  to  ap- 
pear, but  no  warrant  shall  be  granted  except  upon  the 
sworn  complaint  of  such  militia  officer. 

Sections'  116.     Whoever  wrongfully  purchases,  retains  Penalty  for 

"^         .  -t  ,       ^  other   unlawful 

or  has  in  his  possession  any  tool  or  implement  marked  or  acts,  etc. 
branded  as  jorovided  in  section  thirty-nine,  or  any  weapon 
of  ordnance  or  article  of  clothing,  camp  and  garrison 
equipage  or  field  equipage  issued  by  the  United  States  or 
the  commonwealth,  unless  the  same  shall  have  been  issued 
to  him  or  is  in  his  possession  in  accordance  with  law,  shall 
be  punished  by  a  fine  not  exceeding  ten  times  the  value 
thereof.  Every  officer  and  enlisted  man  of  the  militia 
who  may  lose  through  carelessness  or  neglect,  carry  away 
or  unlawfully  dispose  of  arms,  equipment  or  other  military 
property  belonging  to  the  Ignited  States  or  to  the  com- 
monwealth, shall  be  charged  with  the  money  value  thereof, 
as  determined  by  a  surveying  (jfficer  or  a  board  of  survey 
appointed  by  the  commander-in-chief  to  investigate  and 
report  upon  the  case  and  to  submit  with  such  report  all 
the  evidence  bearing  upon  the  loss  or  disposition  of  the 
property. 

Section  117.     Commissioned  officers  shall  exercise  the  officers  liable 
strictest  care  and  vigilance  for  the  preservation  of  the  uni-  marUai  for 
forms,  arms,  equipment  and  military  propert}^  furnished  mmla^y  *prop- 
to  their  several  commands ;   and  in  case  of  any  loss  thereof  '"'*^'  *^*"'- 
or  damage  thereto,  by  their  neglect  or  default,  they  shall  be 
liable  to  punishment  by  sentence  of  court-martial  for  neg- 
lect of  duty. 

Section  118.    An  officer  shall  be  accountable  for  public  Accounta- 
pro])erty  received  by  him  for  military  use ;  and  shall  not 


682 


Acts,  1908.  — Chap.  604. 


Officer  to  turn 
over  property 
to  successor, 
etc. 


Liability  upon 
disbandment, 


Liability  to 
continue,  etc. 


Adoption  of 
other  than 
prescribed 
uniform,  etc. 


Personal 
property,  etc. 


sell,  loan  or  transfer  the  same,  or  any  part  thereof,  without 
the  authority  of  the  commander-in-chief ;  and  shall  be 
liable  to  the  commonwealth  for  all  property  defaced,  in- 
jured, destroyed  or  lost  by  his  neglect  or  default,  or  for 
its  value,  to  be  recovered  in  an  action  of  tort  brought  by 
the  judge  advocate  general  in  the  name  of  the  common- 
wealth. 

Section  119.  An  officer  of  the  volunteer  militia  upon 
vacating  an  office,  shall  turn  over  to  his  immediate  suc- 
cessor or  other  officer  designated  by  the  commander-in-chief 
all  records,  reports  and  military  property  in  his  possession 
belonging  or  in  any  way  pertaining  to  such  office. 

Section  120.  Upon  the  disbandment  of  any  organiza- 
tion which  has  received  property  for  military  use  from 
the  quartermaster  general,  the  commissioned  officers  thereof 
shall  be  responsible  for  the  safe  return  to  him  of  all  such 
property  in  its  possession ;  and  the  officer  receipting  for 
such  property  shall  be  liable  for  any  loss  or  damage  thereto 
as  provided  in  section  one  hundred  and  eighteen. 

Section  121.  Until  an  officer  or  his  legal  representa- 
tive receives  from  the  adjutant  general  notice  that  the  prop- 
erty accounts  of  such  officer  have  been  found  correct,  the 
liability  of  such  officer  or  of  his  estate  for  public  property 
for  which  he  is  or  may  have  been  responsible  shall  not  be 
affected  by  his  resignation,  discharge,  change  in  official 
position  or  death.  Upon  the  death  or  desertion  of  an  offi- 
cer responsible  for  public  property  his  immediate  com- 
mander shall  at  once  cause  such  property  to  be  collected, 
and  a  correct  inventory  made  by  actual  count  and  exam- 
ination and  forwarded  to  the  adjutant  general;  and  com- 
pensation for  any  deficiency  may  be  recovered  as  provided 
in  section  one  hundred  and  eighteen. 

Section  122.  Any  organization  of  the  militia  may, 
with  the  approval  of  a  majority  of  its  commissioned  offi- 
cers and  of  the  commander-in-chief,  adopt  at  its  o'wn  ex- 
pense any  other  uniform  than  that  ]irescribed  in  section 
one  hundred  and  eight ;  but  such  uniform  shall  not  be 
worn,  except  by  permission  of  the  commander-in-chief, 
when  such  organization  is  on  duty  under  his  orders. 

Section  123.  Volunteer  organizations  may  own  per- 
sonal property,  which  shall  be  under  the  control  of  the 
active  members  thereof;  and  the  commanding  officer  of 
anv  orcanization  mav  recover  in  liis  own  name  for  its  use 


Acts,  1908.  — CnAr.  G04.  683 

in  any  county  where  sncli  organization  or  part  thereof  is 
located  anv  debts  or  effects  belonging  to  it,  or  damages 
for  injury  to  such  property.  Iso  suit  or  complaint  pend- 
ing in  his  name  shall  he  abated  by  his  ceasing  to  be  com- 
manding officer  of  the  organization ;  but  his  successor  shall 
be  admitted  to  prosecute  the  suit  or  complaint. 

Section  124.     The  inspector  general  with  two  officers  inspection  and 
designated  by   the  commander-in-chief  shall   constitute   a  of  mri'uaV'y'"" 
board  to  inspect  and  condemn  public  military  property  un-  p^p^'"'^^-  ^t<=- 
fit  for  use ;    and  no  property  shall  be  sold  until  it  has  so 
been  inspected   and  condemned,    and   such  condemnation 
approved  by  the  commander-in-chief.     The  proceeds  of  all 
sales  thereof  shall  be  paid  into  the  treasury  of  the  common- 
wealth. 

Section  125.     The  committee  on  military  affairs  of  the  Legislative 
general  court  shall  annually  visit  the  arsenal,  state  camp  mS™exlmina- 
ground  and  storehouses,  and  shall  thoroughly  examine  the  *'°"'  ^^''' 
same,  and  the  condition  of  the  arms  and  munitions  of  w^ar 
and  other  property  of  the  commonwealth  or  general  gov- 
ernment deposited  therein,  and  shall  make  report  thereof 
to  the  general  court. 

Section  126.    The  quartermaster  general,  under  the  di-  Campequipage 

J  _  _  "  J  may  be  loaned 

rection  of  the  commander-in-chief,  may,  without  expense  to  grand  army 
to  the  commonwealth,  lend  military  camp  equipage  to  any  public,  etc. 
state  encampment  of  posts  of  the  grand  army  of  the  re- 
public, and  may  permit  any  such  encampment  to  occupy 
the  state  camp  ground  at  Framinghain  and  its  appurte- 
nances for  a  state  encampment,  when  this  can  be  done 
without  interfering  with  its  use  by  the  militia.  A  bond, 
with  sufficient  sureties  in  double  its  value,  shall  be  given 
for  the  return  of  such  camp  equipage  without  loss  or 
damage. 

Ar7)}ortes. 

Section  127.     The  mayor  and  aldermen,  or  the  select-  Cities  and 
men,   shall  provide   for  each  command  of  the  volunteer  v*ide"lrmor'ies. 
militia,    or    detachment    thereof,    permanently    stationed  ®'°" 
within  the  limits  of  their  respective  cities  and  towns,   a 
suitable  hall  for  the  purpose  of  drill,  and  suitable  rooms 
annexed   thereto   for  the   meetings   of   the   command,   for 
administrative  work,  and  for  the  safe  keeping  of  military 
property;    and  suitable  rooms  for  each  headquarters  per- 
manently located  within  their  said  limits,  for  administra- 


684 


Acts,  1908.  — Chap.  604. 


Fuel  iiiul 
lights. 


Penalty. 


Drill  hall  to 
be  provided  in 
certain  cases, 


Allowances  by 
the  coinmon- 
wealth,  etc. 


Proviso. 


tive  work,  for  the  assembling  of  officers  for  instruction, 
and  for  the  safe  keeping  of  military  property;  and  they 
shall  provide  for  every  such  armory  and  headquarters  the 
necessary  fuel,  lights,  water,  telephone  service,  janitor  ser- 
vice, and  necessary  repairs,  or  shall  make  a  reasonable 
allowance  therefor.  Any  city  or  town  failing  to  comply 
with  the  provisions  of  this  section  shall  forfeit  to  the  com- 
monwealth not  more  than  five  thousand  dollars ;  and  any 
amount  so  forfeited  shall  be  credited  to  the  armory  appro- 
])riation  for  the  fiscal  year  in  which  the  forfeiture  occurs. 

Section  128.  Where  two  or  more  commands  of  the 
volunteer  militia  are  permanently  stationed  in  the  same 
city  or  town,  the  mayor  and  aldermen,  or  the  selectmen, 
may,  if  practicable,  provide  for  said  commands  a  suitable 
hall  for  drill,  to  be  used  by  them  in  common,  provided  that 
in  every  other  respect  the  provisions  of  section  one  hundred 
and  twenty-seven  are  complied  with.  TMien  practicable, 
headquarters  shall  be  established  in  armories  provided  for 
their  respective  commands,  or  units  thereof.  When  a  com- 
pany is  formed  by  men  residing  in  different  cities  or 
towns,  the  permanent  location  for  its  armory  shall  be  de- 
termined by  the  vote  of  a  majority  of  its  members,  subject 
to  the  approval  of  the  adjutant  general. 

Section  129.  For  each  armory  or  headquarters  located 
in  a  building  not  exclusively  devoted  to  the  use  of  the 
volunteer  militia,  provided  and  maintained  by  a  city  or 
town  in  compliance  with  the  provisions  of  section  one  hun- 
dred and  twenty-seven  or  section  one  hundred  and  twenty- 
eight,  there  shall  annually  be  allowed  and  paid  by  the 
commonwealth  the  following  amounts,  which  shall  be  in 
full  for  rental  and  for  all  other  charges  of  maintenance : 
for  an  armory  provided  for  one  company,  not  to  exceed 
nine  hundred  dollars ;  for  each  additional  company  quar- 
tered therewith,  not  to  exceed  four  hundred  dollars ;  for 
each  headquarters  located  in  a  building  wherein  are  quar- 
tered no  other  troops,  not  to  exceed  four  hundred  dollars ; 
for  each  headquarters  located  in  the  same  building  with 
other  troops,  not  to  exceed  two  hundred  dollars ;  for  a 
detachment  from  any  conmiand,  such  amount  as  may  be 
determined  by  the  adjutant  general:  provided,  however, 
that  such  amount  shall  be  deducted  from  the  total  amount 
allowed  by  law  for  armory  rental  and  maintenance  at  the 
home  station  of  the  command  of  which  such  detachment 
forms  a  part.     Armories  provided  and  maintained  under 


Acts,  1908.  — Chap.  604.  685 

the  provisions  of  this  section  shall  be  designated  and  known 
as  armories  of  the  third  class. 

Sectiox  130.     The  mavor  and  aldermen  or  the  select-  Parade 

V  .        ^  1        c     1        grounds,  etc. 

men  shall  provide  and  maintain  for  each  command  oi  the 
volnnteer  militia  or  detachment  thereof  permanently  sta- 
tioned within  the  limits  of  their  respective  cities  and  towns 
suitable  grounds  for  parade,  drill  and  small  arms  practice. 
Any  city  or  town  failing  to  comply  with  this  provision 
shall  forfeit  to  the  commonwealth  not  more  than  five  thou- 
sand dollars,  any  amount  so  forfeited  to  be  credited  to 
the  appropriation  for  small  arms  practice  for  the  fiscal 
year  in  which  the  forfeiture  occurs.  Wlien  two  or  more 
commands  of  the  volunteer  militia  are  permanently  sta- 
tioned in  the  same  city  or  town,  the  mayor  and  aldermen 
or  the  selectmen  may,  if  practicable,  provide  for  said  com- 
mands a  suitable  range  for  small  arms  practice,  to  be  used 
by  them  in  common,  provided  that  in  every  other  respect 
the  foregoing  provisions  of  this  section  are  complied  with. 
Such  grounds  for  parade,  drill  or  small  arms  practice  may 
be  acquired  by  purchase,  taking  or  lease.  The  mayor  of 
any  city  or  the  selectmen  of  any  town  so  purchasing  or 
taking  land  shall  cause  a  plan  and  description  thereof  to 
be  filed  in  the  registry  of  deeds  for  the  county  and  district 
in  which  such  land  is  situated ;  and  such  filing  and  the  date 
thereof  shall  be  notice  to  all  persons  of  the  purchase  or  tak- 
ing ;  and  the  title  to  lands  so  purchased  or  taken  shall  vest 
absolutelv  in  the  citv  or  town  and  its  assigns.  In  case  land  ^^^^^es. 
is  taken  under  authority  hereof  and  the  parties  are  unable 
to  agree  upon  the  damages,  either  party  may  file  in  the  su- 
perior court  within  two  years  after  the  date  of  recording 
the  taking,  as  above  provided,  a  petition  asking  that  the 
damages  be  assessed ;  and  thereupon  the  damages  shall  be 
assessed  in  the  manner  provided  for  the  assessment  of  dam- 
ages in  the  case  of  land  taken  for  laying  out  highways. 
Cities  and  towns  in  which  headquarters,  commands  or  de- 
tachments of  the  volunteer  militia  are  permanently  sta- 
tioned may  raise  money  by  taxation  or  otherwise  for  the 
purpose  of  acquiring  land  for  drill  grounds  or  ranges  for 
small  arms  practice  or  for  complying  with  the  provisions 
of  sections  one  hundred  and  twenty-seven  and  one  hundred 
and  thirty-one. 

Sectioiv  131.     For  each  armory,  other  than  an  armory  Expense  of 
of  the  first  class,  maintained  by  a'^city  or  town  in  a  build-  armoriis^etc. 


G86  Acts,  1908.  — Chap.  (304. 

ing  constructed  or  provided  for  the  exclusive  use  and  occu- 
pancy of  the  volunteer  militia,  no  part  thereof  being  de- 
voted to  any  other  purpose  cxcei)t  in  accordance  with  the 
later  provisions  of  this  section  or  with  those  of  section  one 
hundred  and  forty,  there  shall  annually  be  allowed  and 
paid  by  the  commonwealth  the  following  amounts :  for  the 
rental  of  an  armory  in  which  are  quartered  not  more  than 
two  companies,  an  amount  not  exceeding  twelve  hundred 
dollars,  and  further  sums  not  exceeding  four  hundred  dol- 
lars for  each  company  or  two  hundred  dollars  for  each 
headquarters  quartered  in  said  armory  in  addition  to  the 

Proviso.  two  companies  first  named:  provided,  however,  that  the 

aggregate  sum  allowed  as  rental  for  said  armory  shall  not 
exceed  four  per  cent  of  the  total  cost  thereof,  including 
the  amounts  paid  for  both  land  and  building ;  for  all  other 
expenses  of  the  maintenance  of  an  armory  maintained 
under  the  provisions  of  this  section  in  which  are  quartered 
not  more  than  two  companies,  a  sum  not  exceeding  six 
hundred  dollars,  and  further  sums  not  exceeding  one  hun- 
dred dollars  for  each  company  or  fifty  dollars  for  each 
headquarters  in  addition  to  the  two  first  named  companies, 
and  quartered  in  the  same  building  therewith.  Armories 
constructed  or  provided  and  maintained  under  the  provi- 
sions of  this  section  shall  be  designated  and  known  as  ar- 
mories of  the  second  class.  Cities  and  to^vns  constructing 
or  maintaining  armories  of  the  second  class,  as  herein 
provided,  may  by  enlargements  of  or  additions  thereto, 
in  accordance  with  plans  approved  by  the  quartermaster 
general,  provide  rooms  for  municipal  or  town  offices.  The 
cost  of  such  additions  or  enlargements  shall  be  ascertained 
to  the  satisfaction  of  the  quartermaster  general,  and  allow- 
ances for  rents  of  such  armories,  so  far  as  the  same  may  be 
based  upon  the  cost  thereof,  shall  exclude  the  cost  of  such 
additions  or  enlargements.  The  amount  to  be  allowed  to  a 
corps  of  cadets  shall  be  determined  by  the  commander-in- 
chief,  but  shall  not  exceed  the  allowance  which  would  be 
made  in  the  aggregate  to  a  battalion  of  four  companies  and 
the  headquarters  thereof  when  quartered  in  an  armory  of 
the  second  class. 

Armory  com-         Section  132.     The  govcmor,  witli  the  advice  and  con- 

missioners,  /.     i  -i        i      it  •  •  i  i 

appointment,  sent  of  the  council,  sliall  appoint  a  regimental  commander, 
who,  together  with  the  adjutant  general  and  the  quarter- 
master general,  shall  be  armory  commissioners.     The  adju- 


Acts,  1908.  — Chap.  604.  687 

tant  general  shall  serve  without  compensation;  the 
quartermaster  general  and  the  regimental  commander  shall 
receive  such  pay  for  duty  performed  as  the  commander-in- 
chief  shall  order.  In  addition  to  these  three  persons,  the 
senior  officer  of  the  troops  to  be  quartered  in  any  armory 
shall  be  a  consulting  member  of  the  armory  commission 
during  the  period  of  construction  of  such  armory,  but  shall 
have  no  vote  as  a  member  of  said  commission,  and  shall 
serve  thereon  without  compensation  other  than  reimburse- 
ment for  expenses  actually  incurred  in  the  performance  of  ■ 
his  duty. 

The  armory  commissioners  sliall  have  full  supervision  control  of 
and  control  of  the  construction  of  all  armories  erected  by  *''™°"*'''- 
the  commonwealth,  and  on  the  completion  and  acceptance 
of  any  such  armory  the  care  and  maintenance  thereof,  as 
well  as  the  care  and  maintenance  of  all  armories  belonging 
to  the  commonwealth,  shall  devolve  upon  the  quartermaster 
general. 

Section  133.  The  armory  commissioners  shall  rebuild,  •^"^^'^^^^^1'^-' 
remodel  or  repair  armories  of  the  first  class  which  have  Jgst^^eV°etcf 
been  injured  or  destroyed  by  fire,  or  injured  otherwise  than 
by  ordinary  usage,  and,  in  addition,  shall  construct  armo- 
ries, not  exceeding  three  yearly,  until  the  volmitcor  militia 
shall  be  provided  with  adequate  quarters.  The  location  of 
the  armories  so  to  be  constructed  shall  be  designated  by 
the  adjutant  general  and  approved  by  the  commander-in- 
chief.  The  armory  commissioners  shall  thereupon  acquire 
by  purchase  or  otherwise  suitable  lots  of  land  in  the  re- 
spective cities  and  towns  designated,  and  shall  erect,  fur- 
nish and  equip  thereon  armories  sufficient  for  one  or  more 
companies  of  militia,  and  for  such  other  commands  or 
headquarters  thereof  permanently  stationed  in  any  such 
city  or  town  as  they  may  deem  necessary ;  but  no  land  shall 
be  acquired  and  no  buildings  shall  be  erected  until  the  site 
and  plans  thereof,  respectively,  and  the  total  cost  to  be  au- 
thorized therefor,  have  been  approved  by  the  governor  and 
council.  The  said  commissioners  shall  cause  to  be  recorded 
in  the  registry  of  deeds  for  the  county  and  district  in  which 
the  land  lies,  a  description  of  the  land  so  taken,  as  certain 
as  is  required  in  an  ordinary  conveyance  of  land,  with  a 
statement  signed  by  the  commissioners  that  it  is  taken  for 
the  commonwealth  ;  and  thereupon  title  to  the  land  so  taken 
shall  vest  in  the  commonwealth.     The  act  and  time  of  filing 


688 


Acts,  1908.  — Chap.  G04. 


Jury  may  de- 
terniinc  value 
of  land  taken, 
etc. 


Determination 
of  value  of 
land,  etc., 
taken  for 
armories  of  tha 
second  class. 


May  purchase 
and  acquire 
certain 
armories. 


Armory  Loan 
Bonds. 


the  said  description  shall  be  the  act  and  time  of  taking  such 
land,  and  notice  to  all  persons  that  the  same  has  so  been 
taken. 

The  armory  commissioners  may,  by  agreement  with  the 
0A\Tier  of  the  land  taken,  determine  the  valne  thereof,  and, 
in  default  of  snch  agreement,  either  party  may  have  a  jury 
in  the  superior  court  to  determine  such  value  in  the  manner 
provided  for  the  determination  of  damages  for  land  taken 
for  laying  out  highveays,  if  the  petition  therefor  is  filed  in 
the  clerk's  office  of  the  snperior  court  for  the  county  in 
which  the  land  lies  within  one  year  after  the  taking.  The 
amount  determined  by  agreement  of  said  commissioners 
or  by  verdict  as  the  value  of  any  property  so  purchased  or 
taken  shall  be  paid  from  the  treasurj^  of  the  commonwealth 
upon  the  execution  of  such  release  or  conveyance  as  shall 
be  prescribed  by  the  attorney-general. 

Section  134.  The  armory  commissioners  may,  by 
agTeement  with  the  mayor  and  aldermen  of  any  city  or 
the  selectmen  of  any  town  in  which  is  located  an  armory 
of  the  second  class,  determine  the  value  of  the  land  and 
buildings,  and  upon  the  approval  of  such  agreement  by  the 
governor  and  council  may  purchase  and  acquire  the  said 
armory  for  and  in  the  name  of  the  commonwealth,  and 
thereupon  title  to  the  land  and  buildings  so  purchased  and 
acquired  shall  vest  absolutely  in  the  commonwealth. 

The  armory  commissioners  may  by  agreement  with  the 
o^vncrs  of  the  armory  of  the  first  corps  of  cadets  in  the  city 
of  Boston  and  of  the  armory  of  company  E,  fifth  regiment, 
in  the  city  of  Medford,  determine  the  value  of  the  land  and 
buildings,  and  upon  the  approval  of  such  agreement  by  the 
governor  and  council  may  purchase  and  acquire  for  and 
in  the  name  of  the  commonwealth  either  or  both  of  said 
armories. 

Section  135.  To  meet  the  expenses  incurred  under  the 
preceding  two  sections,  the  treasurer  and  receiver  general 
shall,  with  the  approval  of  the  governor  and  council,  issue 
registered  or  coupon  bonds  in  the  name  and  behalf  of  the 
commonwealth  and  under  its  seal,  for  terms  not  exceeding 
thirty  years,  witli  interest  not  exceeding  four  per  cent  per 
annum,  payable  semi-annually  on  the  first  days  of  j\[arcli 
and  September.  They  shall  be  designated  on  the  face 
thereof.  Armory  Loan  Bonds,  and  shall  be  countersigned 
by  the  governor.     The  treasurer  and  receiver  general  shall. 


Acts,  1908.  — Chap.  604.  *  689 

on  issuing  said  bonds,  establish  a  sinking  fund  and  shall 
apportion  thereto  annually  an  amount  sufficient  with  its 
accumulations  to  extinguish  the  debt  at  maturity.  The 
amount  required  each  year  to  pay  the  interest  and  sinking 
fund  requirements  shall  be  raised  annually  by  taxation. 

Section    136.      Armories   built   by   the    armory   com-  Armories  of 

T,i  ••  r  I  '  1111     the  first  class. 

mission  under  the  provisions  oi  sections  one  hundred  and 
fifteen,  one  hundred  and  sixteen,  one  hundred  and  seven- 
teen, one  hundred  and  eighteen  and  one  hundred  and  nine- 
teen of  chapter  four  hundred  and  sixty-five  of  the  acts  of 
the  year  nineteen  hundred  and  five,  as  amended  by  section 
nine  of  cha2:)ter  five  hundred  and  four  of  the  acts  of  the 
year  nineteen  hundred  and  six,  and  by  sections  six  to 
ten,  both  inclusive,  of  chapter  five  hundred  and  twenty-six 
of  the  acts  of  the  year  nineteen  hundred  and  seven,  or 
under  the  corresponding  provisions  of  earlier  laws,  and 
armories  hereafter  erected  under  the  provisions  of  this  act, 
shall  be  designated  and  known  as  armories  of  the  first  class. 
The  armory  loans  heretofore  issued  are  hereby  ratified  and 
confirmed,  and  to  meet  the  interest  and  sinking  fund  re- 
quirements of  the  same,  the  treasurer  and  receiver  general 
shall  apportion  to  the  sinking  fund  from  year  to  year  an 
amount  sufficient  with  the  accumulations  of  said  fund  and 
the  amount  now  therein  to  extinguish  at  maturity  the  debt 
incurred  by  all  bonds  issued  by  the  commonwealth  for 
armories.  The  amount  necessary  to  meet  the  annual  sink- 
ing fund  requirements  and  to  pay  the  interest  on  said 
bonds  shall  be  raised  annually  by  taxation.  Any  premium 
over  the  jDar  value  of  said  bonds  received  from  the  sale 
thereof  shall  form  part  of  the  sinking  fund  for  their  re- 
demption. 

Sectioiv  137.     Upon  the  taking  for  and  in  the  name  of  Cities  and 

.  1.1  p  n     .1         n       ,  1     towns  relieved 

tne  commonwealth  oi  any  armory  oi  the  first  or  second  of  certain 
class,  the  adjutant  general  shall  notify  the  city  or  town  etc.'^^  '°'^"' 
in  which  such  armory  is  situated,  and  thereupon  all  the 
obligations  of  said  city  or  town  under  sections  one  hundred 
and  twenty-seven  and  one  hundred  and  twenty-eight  of 
this  act  and  all  allowances  and  payments  by  the  common- 
wealth for  rent  shall  cease,  as  to  the  organizations  quar- 
tered therein. 

All  armories  taken,  purchased  or  erected  under  the  pro-  care  and 
visions  of  this  act  shall  be  under  the  control  of  the  com-  n°^nSl°^ 
mander-in-chief,  and  shall  be  cared  for  and  maintained  by 


armories. 


Gi)0 


Acts,  1908.  — Chap.  604. 


Cities  ami 
towns  to   make 
annual  re- 
turns, etc. 


Proviso. 


Officers  of  the 
militia  to 
have  certain 
control,  etc. 


the  coiiiiiionwealtli,  and  the  necessary  expenditures  for  care 
and  maintenance  shall  be  made  subject  to  the  approval  of 
the  quartermaster  general. 

Section  138.  The  mayor  and  aldermen  of  a  city  or 
the  selectmen  of  a  town  providing  an  armory  or  armories, 
or  headquarters,  for  the  use  of  the  volunteer  militia,  shall 
annually  on  or  before  the  first  day  of  February  make  re- 
turns thereof  to  the  quartermaster  general  on  blank  forms 
to  be  provided  by  him.  All  statements  contained  therein 
shall  be  sworn  to  by  at  least  two  members  of  the  board  of 
aldermen  or  by  two  of  the  selectmen  of  the  city  or  town. 
All  such  returns  shall  give  the  designation  and  location 
of  each  armory  or  headquarters,  the  name  of  each  com- 
mand or  headquarters  therein  qiiartered,  the  rental  paid 
or  charged  for  the  same,  and,  when  required  by  the  classi- 
fication of  such  armories  or  headquarters,  the  expenses 
incurred  in  heating,  lighting,  and  repairing  the  same,  in 
furnishing  water,  telephones  and  janitor  service,  as  well 
as  the  aggregate  cost  of  the  land  and  building.  The  quar- 
termaster general  shall  examine  each  return  so  made  and 
shall  allow  or  disallow,  in  whole  or  in  part,  the  sums  so 
returned,  his  decision  being  subject  to  review  and  amend- 
ment by  the  commander-in-chief.  He  shall,  not  later  than 
March  first  of  each  year,  file  with  the  auditor  his  certifi- 
cate, stating  the  sum  allowed  for  each  armory,  the  name  of 
the  command  or  headquarters  occupying  the  same,  and  the 
city  or  town  making  the  return,  and  thereupon  he  shall 
notify  the  mayor  or  the  selectmen  of  the  sum  allowed, 
Avhich  shall  be  paid  to  such  city  or  town:  provided,  how- 
ever, that  no  return  received  by  the  quartermaster  general 
after  the  first  day  of  February  shall  be  allowed. 

Section  139.  Every  officer  whose  command  occupies, 
or  assembles  or  drills  in  any  armory,  drill  hall  or  building 
used  according  to  law  for  such  purpose,  shall  have  control 
of  such  premises  during  the  period  of  occupation,  subject 
to  the  orders  of  his  superior  officers;  and  any  person  who 
intrudes  contrary  to  his  orders  or  to  the  orders  of  his 
superior  officers,  or  who  interru])ts,  molests,  obstructs  or  in- 
sults the  troops  or  any  of  them  so  occupying  such  premises, 
may  be  ejected,  forcibly,  if  necessary,  or  may  be  dealt  with 
as  provided  in  sections  one  hundred  and  sixty-four  and 
one  hundred  and  sixty-five  for  like  oifences,  at  the  dis- 
cretion of  such  officer  or  of  his  superior  officers;  but  in 


Acts,  1908.  — CriAi'.  G04. 


691 


Use  of 
armories,  etc. 


armories  of  the  second  and  third  classes  reasonable  inspec- 
tion of  the  premises  may  be  made  by  the  mayor  and  alder- 
men or  by  the  selectmen,  or  by  the  owners  of  the  premises 
if  such  inspection  is  according  to  the  terms  of  the  lease. 

Section  140.  Armories  provided  for  the  militia  shall 
not  be  used  except  by  the  organized  militia  for  such  mili- 
tary purpose  or  purposes  incidental  thereto  as  may  be  des- 
ignated by  the  commander-in-chief:  provided,  however.  Proviso, 
that  the  commander-in-chief,  upon  terms  and  conditions  to 
be  prescribed  by  him  and  upon  an  application  approved  by 
the  military  custodian  of  an  armory  provided  in  any  city 
or  town  for  the  militia,  may  allow  the  temporary  use  of 
such  armory  for  public  pur2X)ses.  The  compensation  fixed 
by  the  commander-in-chief  for  every  such  temporary  use 
shall  be  paid  to  the  treasurer  and  receiver  general  within 
ten  days  after  the  occupation  of  the  armory  for  such  tem- 
porary use  ceases,  accompanied  by  the  certificate  of  the 
quartermaster  general  that  the  sum  so  paid  is  the  correct 
amount ;  and  all  moneys  so  received  shall  be  paid  into  the 
treasury  of  the  commonwealth. 


Tours  of  Duty,  Inspection  and  Drills. 

Section  141.      The  commander-in-chief  shall  call   out  Militia  may 
the  volunteer  militia  to  repel  an  invasion  or  to  suppress  in  ci^ses'^of 
an  insurrection  made  or  threatened.     If  such  invasion  or  '"^^•'"""' 
insurrection  or  imminent  danger  thereof  is  so  sudden  that 
the  commander-in-chief  cannot  be  informed  and  his  orders 
seasonably  received  and  executed,  a  brigade  commander  in 
that  part  of  the  commonwealth  may  order  out  his  brigade, 
or  any  part  thereof. 

Section  142.     In  case  of  a  tumult,  riot,  mob,  or  a  body  May  be  or- 
of  men  acting  together  by  force  to  violate  or  resist  the  laws  cfsl^ortumuit 
of  the  commonwealth,  or  when  such  tumult,  riot  or  mob  is  °^  ""*•  ''*°- 
threatened  and  the  fact  appears  to  the  commander-in-chief, 
to  the  sheriff  of  the  county,  to  the  mayor  of  the  city  or  to 
the  selectmen  of  the  town,  the  commander-in-chief  may 
issue  his  order,  or  such  sheriff,  mayor  or  selectmen  may 
issue  a  precept,  directed  to  any  commander  of  a  brigade, 
regiment,    naval    brigade,    battalion,    squadron,    corps    of 
cadets  or  company,  within  their  jurisdiction,  directing  him 
lo  order  his  command,  or  a  part  thereof,  to  apj^ear  at  a 
time  and  place  therein  specified  to  aid  the  civil  authority 


692  Acts,  1908.  — Chap.  GO^. 

ill  suppressing  siieh  violenoc  and  supporting  the  laws; 
wliicli  precept  shall  be  in  substance  as  follows:  — 

Commonwealth  of  Massachusetts. 
Form  of  To  [insert  the  officer's  title]  A.  B.,  commanding  [insert  his  com- 

precept.  etc.  mand]. 

Whereas,  it  ajiijears  to  [the  sheriff,  mayor  or  the  selectmen]  of 
the  [county,  city  or  town]  of  ,  that  [here  state  one  or 

more  of  the  causes  above  mentioned]   in  our  of  , 

and  that  mihtary  force  is  necessary  to  aid  the  civil  authority  in 
suppressing  the  same:  Now,  therefore,  we  command  you  tliat  you 
cause  [your  command,  or  such  part  thereof  as  may  be  desired], 
armed  and  equipped  with  ammunition  and  with  proper  officers, 
to  parade  at  ,  on  ,  then  and  there  to  obey 

such  orders  as  may  be  given  according  to  law.  Hereof  fail  not 
at  your  peril,  and  have  you  there  this  precept  with  your  doings 
returned  thereon. 

This  precept  shall  be  signed  by  such  sheriff,  mayor  or 
selectmen  and  may  be  varied  to  suit  the  circumstances  of 
the  case ;  and  a  copy  of  the  same  shall  immediately  be  for- 
warded by  such  sheritT,  mayor  or  selectmen  to  the  com- 
mander-in-chief. 
Officer  to  order       SECTION  143.     The  officer  to  wdiom  the  order  of  the  corn- 
parade,  etc.       mander-in-chief  or  brigade  commander,  or  such  precept, 
is  directed  shall  forthwith  order  the  troops  therein  called 
for  to  jDarade  at  the  time  and  place  appointed,  and  shall 
immediately  notify  the  commander-in-chief  of  his  order, 
directly  in  the  most  expeditious  manner,   and  by  letter 
through  the  nsual  military  channels. 
Penalty  for  Section  144.     If  an  officcr  refuses  or  neglects  to  obey 

such  order  or  precept,  or  if  any  officer  or  soldier  neglects 
or  refuses  to  obey  an  order  issued  in  pursuance  thereof,  he 
shall  be  punished  as  a  court-martial  may  adjudge. 
Troops  to  Section  145.     Such  troops  shall  appear  at  the  time  and 

etc.  '   place  appointed,  armed,  equipped,  and  with  ball  ammuni- 

tion, and  shall  obey  and  execute  such  orders  as  they  have 
received,  or  such  additional  orders  as  they  may  then  and 
there  receive  from  the  governor,  or  from  an  officer  serving 
under  the  provisions  of  section  one  hundred  and  forty-two. 
Orders  to  be  Section  146.     "Whenever  practicable,  all  orders  issued 

when  practi-  uudcr  the  provisioiis  of  section  one  hundred  and  forty-five 
shall,  at  the  request  of  the  officers  to  whom  they  are  ad- 
dressed, be  in  writing  and  shall  be  signed  by  the  officers 
or  magistrates  issuing  the  same.    Such  orders  shall  set  forth 


Acts,  1908.  — Chap.  604. 


693 


the  purposes  to  be  accomplished  by  the  military  officer  to 
whom  they  are  addressed,  but  shall  not  prescribe  the  mili- 
tary measures  to  be  used  or  the  orders  to  be  issued  by  said 
officer,  who  shall  use  such  measures  and  issue  such  orders 
as  he  shall  deem  necessary  to  accomplish  the  purpose  in- 
dicated. 

Sectiox  147.  Xo  officer  or  soldier  shall  be  liable,  either 
civilly  or  criminally,  for  any  injury  to  person  or  property 
caused  by  such  officer  or  soldier,  or  by  his  order,  while 
such  officer  or  soldier  is  serving  under  the  provisions  of 
section  one  hundred  and  forty-two  and  is  acting  in  obedi- 
ence to  and  in  execution  of  such  orders  as  he  may  have 
received  from  the  person  or  persons  and  in  the  manner 
prescribed  by  this  act:  provided,  that  the  act  or  order 
causing  such  injuries  was  not  manifestly  beyond  the  scope 
of  the  authority  of  such  officer  or  soldier. 

Section  148.  If  a  company  without  officers  is  ordered 
to  march,  or  if  a  detachment  is  ordered  therefrom,  the  com- 
mander of  the  regiment,  battalion,  squadron,  naval  brigade 
or  corps  shall  detail  an  officer  to  command,  who  shall  have 
the  same  authority  and  responsibility  as  the  captain  of  such 
company. 

Sectio:^  149.  The  mayor  and  aldermen  of  any  city 
and  the  selectmen  of  any  town,  when  required  in  writing 
by  a  commander  of  a  regiment  or  detachment  serving  under 
the  provisions  of  sections  one  hundred  and  forty-one  or  one 
hundred  and  forty-two,  shall  provide  suitable  transporta- 
tion, rations  and  supplies  for  such  regiment  or  detachment, 
until  notified  to  the  contrary  by  the  commanding  officer, 
and  shall  present  their  accounts  for  the  same  to  the  quar- 
termaster general.  For  any  neglect  by  such  mayor  and 
aldermen  or  selectmen,  under  the  provisions  of  this  sec- 
tion, such  city  or  town  shall  forfeit  to  the  use  of  the  com- 
monwealth not  less  than  one  hundred  nor  more  than  one 
thousand  dollars. 

Sectto?^  150.  Wlien  the  entire  volunteer  militia  has 
been  called  out  under  sections  one  hundred  and  forty-one 
or  one  hundred  and  forty-two,  and  a  further  force  is  re- 
quired, it  shall  be  taken  from  the  reserve  militia,  as  pro- 
vided in  section  ten. 

Section"  1.51.  Each  regiment,  separate  battalion,  squad- 
rons naval  brigade,  corps  of  cadets,  staff  corps  and  depart- 
ment, and  unattached  company  of  the  volunteer  militia  shall 


Officers,  etc., 
not  to  be 
liable  in 
certain  cases. 


Proviso. 


Detail  of 
officer  to 
command  in 
certain  cases. 


Cities  and 
towns  to  pro- 
vide supplies, 
etc. 


.Additional 
force  to  be 
taken  from 
reserve,  etc. 


Annual  parade, 
etc. 


694 


Acts,  1908.  — Chap.  604. 


Annual  camp 
duty. 


Encampments 
to  be  held  at 
state  camp 
ground,  etc. 


Camp  duty, 
etc. 


Judge  advo- 
cate general 
may  attend 
encampment, 
etc. 


Notice  for 
duty. 


Delivery  of 
orders. 


parade  for  instruction  one  day  in  each  year,  at  a  time  and 
place  appointed  by  the  commander-in-chief.  The  inspector 
general,  his  assistants,  or  other  officers  designated  by  the 
commander-in-chief,  shall  attend  such  tours  of  duty  and 
within  thirty  days  thereafter  shall  report  in  writing  to  the 
commander-in-chief  upon  the  proficiency  of  the  troops. 

Section  152.  The  volunteer  militia  shall  perform  not 
less  than  seven  consecutive  days  of  camp  duty  in  each  year, 
at  a  time  and  place  desiguated  by  the  command(n--in-chief. 

Section  153.  All  encampments  shall  be  held  upon  the 
state  camp  ground,  unless  otherwise  directed  by  the  com- 
mander-in-chief;  and  no  ground  shall  be  occupied  for  an 
encampment  of  the  militia  in  time  of  peace  without  the 
consent  of  the  mayor  and  aldermen  of  the  city  or  of  the 
selectmen  of  the  to's\ai  Avhere  the  encampment  is  to  be  held, 
unless  by  order  of  the  commander-in-chief.  The  common- 
wealth shall  pay  for  the  use  of  such  ground  on  contracts 
approved  by  the  adjutant  general. 

Section  154.  At  each  encampment  the  troops  shall  be 
thoroughly  exercised  in  the  routine  of  camp  duty.  The 
inspector  general  and  such  assistants  as  may  be  detailed 
shall  be  present,  and  he  shall,  within  thirty  days  there- 
after, report  in  writing  to  the  commander-in-chief  in  re- 
gard to  numbers,  discipline  and  other  matters  affecting  the 
character  or  efficiency  of  the  organizations. 

Section  155.  The  judge  advocate  general  or  any  judge 
advocate  may  be  detailed  by  the  commander-in-chief  to 
attend  any  encampment,  and,  during  the  encampment,  shall 
within  the  limits  of  the  camp  and  for  a  distance  of  one 
mile  from  the  guard  line,  have  the  jurisdiction  of  a  district 
court  over  all  offences  then  and  there  committed. 

Section  156.  The  notice  for  the  duty  required  at  drills 
under  section  one  hundred  and  fifty-one,  and  at  camp  under 
section  one  hundred  and  fifty-two,  shall  be  given  to  eacli 
person  verbally,  or  by  delivery  to  him  in  person,  or  by 
leaving  at  his  abode  or  usual  place  of  business  the  order 
therefor,  at  least  four  days  previous  to  the  time  appointed. 

Section  157.  Commanders  of  regiments,  battalion  of 
field  artillery,  squadron  of  cavalry,  the  naval  brigade  and 
corps  of  cadets  or  companies,  may  direct  such  orders  to  be 
delivered  by  one  or  more  of  the  enlisted  men  of  their  com- 
mand. 


Acts,  1908.  — Chap.  G04. 


695 


Section 
each   year. 


Brigade  commanders  may,  six  times  in  Meetings  of 
meetings    for    instruction    of   their    staff 
attached    departmental    officers,    field 


instruction, 
etc. 


158. 
call 
officers,  including  attached  dei)artmental 
officers,  adjutants,  and  captains  of  unattached  companies 
of  their  commands,  at  some  convenient  place  within  the 
limits  of  their  brigades,  or  at  such  place  as  the  commander- 
in-chief  may  designate.  Commanders  of  regiments,  sep- 
arate battalion,  squadron,  naval  brigade  and  corps  of  cadets 
may  call  similar  meetings  of  the  officers  of  their  respective 
commands,  including  attached  departmental  officers,  six 
times  in  each  year.  Iso  compensation  shall  be  allowed  for 
attendance  at  such  meetings,  but  the  quartermaster  general 
shall  provide  the  necessary  transportation  for  all  officers 
attending  such  meetings,  at  the  rates  established  by  law, 
when  the  distance  travelled  exceeds  five  miles.  At  the  dis- 
cretion of  the  commander-in-chief  a  school  for  officers  may 
be  established  in  any  part  of  the  commonwealth,  under 
such  regulations  as  he  deems  proper. 

Section  159.  Brigade  commanders  may  visit  the  head- 
quarters and  companies  of  their  brigades  whenever  they  officers, 
consider  it  necessary  for  military  instruction.  Command- 
ers of  regiments,  battalion  of  field  artillery  and  squadron 
of  cavalry,  of  the  naval  brigade  and  naval  battalions  and 
of  the  cadet  corps  may  visit  the  companies  in  their  com- 
mands six  times  each  year;  lieutenant  colonels,  majors, 
adjutants  and  veterinarians,  such  companies  as  they  are 
ordered  to  visit  by  regimental,  separate  battalion  or  squad- 
ron commanders,  six  times  each  year ;  inspectors  of  small 
arms  practice  may  visit  the  companies  in  their  respective 
organizations,  when  ordered  so  to  do,  three  times  each  year ; 
brigade  staff  officers,  including  attached  departmental  of- 
ficers, when  ordered  so  to  do  by  their  commanding  officers, 
may  visit  each  company  in  their  brigade  once  in  each  year. 
The  inspector  general  of  small  arms  practice  may  visit 
the  competitions  of  company  teams  in  regimental,  bat- 
talion, squadron,  naval  brigade,  and  corps  competitions  and 
competitions  of  regimental,  battalion,  squadron,  naval  bri- 
gade and  corps  teams  in  state  matches.  Mileage  for  such 
visits  shall  be  allowed  on  receipt  of  returns  therefor  at  the 
rate  of  four  cents  a  mile  each  way,  the  distance  being  com- 
puted by  the  line  of  the  most  direct  railway  communication 
from  the  residence  of  the  officer. 


Transporta- 
tion. 


School  for 
officers. 


Visits  by  com- 
manding 


Mileage. 


696 


Acts,  1908.  — Chap.  604. 


Companies  to 
be  assembled 
for  instruction 
etc. 


Proviso. 


Escort  duty,  Section  IGO.     TliG  coinmaiicler-in-chief  may  order  out 

any  part  of  the  militia  for  escort  and  other  duties,  and 
may  authorize  the  use  of  mounted  bands. 

Section  161.  The  commander  of  any  regiment,  bat- 
talion of  field  artillery  or  squadron  of  cavalry,  the  naval 
brigade  or  corps  of  cadets  may  at  any  time  assemble  the 
companies,  or  the  officers  of  his  command,  for  instruction; 
and  the  commander  of  a  brigade,  regiment,  battalion, 
squadron,  naval  brigade  or  corps  of  cadets  may  order  com- 
pany inspections  in  the  evening  at  the  several  company 
armories,  when  the  good  of  the  service  so  requires.  No 
greater  number  of  meetings  than  six  shall  be  ordered  with- 
out the  approval  of  the  commander-in-chief;  and  when  a 
greater  number  is  approved  by  the  commander-in-chief 
transportation  shall  be  furnished  by  the  quartermaster  gen- 
eral for  the  additional  meetings. 
Company  drill.  Section  162.  Evcrv  compauv  shall  drill  at  least  twice 
in  each  month  and  shall  drill  oftener  lipon  the  order  of 
commanding  officers:  provided,  however,  that,  in  the  dis- 
cretion of  commanding  officers,  all  or  part  of  the  drills 
herein  required  may  be  omitted  in  the  two  months  next  fol- 
lowing the  calendar  month  in  which  the  annual  camp  duty 
prescribed  by  section  one  hundred  and  fifty-two  is  per- 
formed, and  such  target  practice  or  other  exercises  as  they 
may  direct  substituted  therefor.  Battalion  drills  may 
count  in  the  place  of  company  drills.  Each  organization 
of  the  militia  shall  drill  at  least  twenty-four  times  each 
year,  as  required  by  the  act  of  congress  approved  January 
twenty-third,  nineteen  hundred  and  three.  Battalions  of 
infantry  regiments,  artillery  and  the  naval  brigade  may, 
without  pay,  be  assembled  for  instruction  twice  each  year, 
by  order  of  the  commander-in-chief.  Transportation  shall 
be  furnished  by  the  quartermaster  general. 

Section  163.  No  parade  or  voluntary  service  shall  be 
performed  by  any  company,  under  arms  or  with  state  uni- 
form, without  the  approval  of  the  regimental  or  separate 
battalion  or  squadron  commander,  or,  if  unattached,  of  its 
next  superior  commander. 

Section  1 64.  Every  commanding  officer,  when  on  duty, 
may  fix  necessary  bounds  and  limits  to  his  parade  or  en- 
campment, not  including  a  road  within  such  bounds,  in 
such  manner  as  to  prevent  travelling  thereon,  within  which 
bounds  and  limits  no  person  shall  enter  without  his  leave. 


Voluntary 
parades,  etc. 


Bounds  of 
parades,  etc. 


Acts,  1908.  — Chap.  604.  697 

^Mloevel•  intrudes  within  the  limits  of  the  parade  or  en-  Punishment 
campment,  after  being  forbidden,  may  be  ejected,  forcibly  etc. 
if  necessary,  or  may  be  confined  under  guard  during  the 
time  of  parade  or  encampment,  or  during  a  shorter  time, 
at  the  discretion  of  the  commanding  officer;  and  whoever 
resists  a  sentry  attempting  to  exclude  him  from  such  limits 
may  be  arrested  by  order  of  the  commanding  officer  and 
tried  upon  his  complaint  for  assault,  or  for  disturl)ance  or 
breach  of  the  peace. 

Sectiojnt  165.  If  any  person  interrupts,  molests  or  in-  Penalty  for 
suits,  by  abusive  words  or  behavior,  or  obstructs  any  officer  "roop^^on"  ^'*^" 
or  soldier  while  on  duty  or  at  any  parade,  drill  or  meeting  '^"*^- 
for  military  improvement,  he  may  immediately  be  put 
under  guard  and  kept  at  the  discretion  of  the  commanding 
offi-cer  until  the  duty,  drill,  parade  or  meeting  is  concluded ; 
and  he  may  commit  such  person  to  any  police  officer  or  con- 
stable of  the  city  or  town  wherein  such  duty,  parade,  drill 
or  meeting  is  held,  who  shall  detain  him  in  custody  for 
examination  or  trial  before  a  court  having  jurisdiction 
of  the  jjlace ;  and  any  person  found  guilty  of  any  of  the 
offences  enumerated  in  this  section,  or  in  sections  one 
hundred  and  thirty-nine  and  one  hundred  and  sixty-four, 
or  of  obstructing  or  interfering  with  United  States  forces 
or  troops  or  any  part  of  the  militia  in  the  exercise  or 
enjoyment  of  the  right  of  way  granted  by  the  following 
section,  shall  be  punished  by  imprisonment  for  not  more 
than  six  months,  or  by  a  fine  of  not  more  than  one  hundred 
dollars. 

Sectiox  166.  United  States  forces  or  troops,  or  any  Troops  on  duty 
part  of  the  militia  parading  or  performing  any  duty  wayre^"^ 
according  to  law,  shall  have  the  right  of  way  in  any  street 
or  highway  through  which  they  may  pass,  provided  the 
carriage  of  the  United  States  mails,  the  legitimate  func- 
tions of  the  police,  and  the  progress  and  operations  of  fire 
engines  and  fi.re  departments  shall  not  be  interfered  with 
thereby. 

Section"  167.     Any  soldier  guilty  of  a  military  offence  Soldiers  may 
may  be  jmt  and  kept  under  guard  by  the  commander  of  the  guard  in"  ^^ 
company,  corps,  separate  battalion,  squadron,  naval  bri-  ""''^^"^  ''^^^^■ 
gade  or  regiment,  or  of  the  post,  for  a  time  not  extending 
beyond  the  term  of  service  for  which  he  is  then  ordered. 

Sectiox'   168.      Xo  officer  or  soldier  in   the  volunteer  Personal  ser- 
militia  shall  be  entitled  to  compensation  for  militaiy  ser-  etc^  necessary, 


698 


Acts,  1908.  — Chap.  604. 


Parades  for- 
bidden in  cer- 
tain cases,  etc. 


Unauthorized 
drilling  for- 
bidden, etc. 


Proviso. 


dolor  guards 
of  certain  or- 
ganizations 
may  parade, 
etc. 


vice  unless  he  personally  performs  the  same,  although  he 
may  be  excused  therefrom ;  and  no  substitute  shall  be  al- 
lowed any  compensation  for  such  service. 

Section  169.  Except  in  case  of  invasion,  insurrection, 
riot  or  tumult  made  or  threatened,  or  in  obedience  to  the 
commander-in-chief,  no  officer  or  soldier  shall  be  required 
to  perform  military  duty  on  a  day  appointed  for  a  state 
election  in  the  city  or  town  in  which  he  resides;  and  an 
officer  parading  his  command,  or  ordering  it  to  parade, 
contrary  to  the  provisions  of  this  section,  shall  be  liable 
to  trial  by  court-martial. 

Section  170.  JSTo  body  of  men,  except  the  volunteer 
militia,  the  troops  of  the  United  States  and  the  Ancient 
and  Honorable  Artillery  Company  of  Boston,  shall  main- 
tain an  armory  or  associate  together  at  any  time  as  a  com- 
pany 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,  equipping,  uniforming, 
supporting,  or  providing  drill  rooms  or  armories  for  any 
such  body  of  men:  provided,  that  associations  wholly  com- 
posed 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  j^ermission  of 
the  mayor  and  aldermen  of  the  city  or  selectmen  of  the 
town  in  which  they  desire  to  parade;  that  students  in  edu- 
cational 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  States  has  been  con- 
sented to  by  the  United  States  government  may,  with  the 
consent  of  the  governor,  drill  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  republic,  and  regularly  organized  camps 
of  the  legion  of  Spanish  war  veterans,  or  of  the  United 
Spanish  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 


Acts,  1908.  — Chap.  (304. 


G99 


of  veterans  may  at  any  time  parade  in  public  their  color 
guards  of  ten  men  with  firearms ;  and  that  any  organization 
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  organization  of  the 
militia  to  which  its  members  belonged. 

Section  171.  Whoever  violates  the  provisions  of  the  Penalty, 
preceding  section,  or  belongs  to  or  parades  with  any  such 
unauthorized  body  of  men  with  firearms,  shall  be  punished 
by  a  fine  of  not  more  than  fifty  dollars  or  by  imprisonment 
for  not  more  than  six  months,  or  by  both  such  fine  and 
imprisonment. 


Excuses  for  Non-pcrforviancc  of  Dufy. 

Section  172.  J^o  oflicer  or  soldier  of  the  volunteer 
militia  not  on  leave  of  absence  or  furlough  shall  be  excused 
from  duty  in  time  of  insurrection,  invasion  or  disturbance 
of  the  peace,  except  upon  a  physician's  certificate  of  dis- 
ability. If  an  officer  or  soldier  is  absent  without  leave 
and  does  not  produce  such  certificate  to  his  commanding 
officer,  he  shall  be  tried  by  court-martial  for  desertion,  or 
absence  without  leave.  Sickness  shall  not  be  an  excuse 
unless  he  procures  a  certificate  or  satisfies  the  court-martial 
that  he  was  unable  to  procure  the  same.  Commanding 
officers  of  regiments,  separate  battalion,  squadron,  naval 
brigade,  corps  of  cadets,  staff  corps  and  departments,  may, 
on  sufficient  grounds,  or  according  to  the  by-laws  provided 
for  by  section  one  hundred  and  ninety-one,  excuse  absences 
from  camp  duty  and  drills.  Delinquents  who  fail  to  pay 
fines  imposed  upon  them  shall  be  tried  by  court-martial. 


Excuses  for 
non-perform- 
ance of  duty. 


Pay  and  Alloivances. 

Section  173.  There  shall  be  allowed  and  paid  per  diem  compensation 
to  officers  and  soldiers  of  the  volunteer  militia,  on  rolls  soidi^rr^ """' 
and  accounts  in  such  form  as  the  commander-in-chief  may 
prescribe,  for  the  duty  prescribed  by  sections  one  hundred 
and  forty-one,  one  hundred  and  forty-two,  one  hundred  and 
fifty-one,  one  hundred  and  fifty-two  and  one  hundred  and 
sixty,  as  follows :  major  general,  twenty  dollars  and  eighty- 
three  cents;  brigadier  general,  fifteen  dollars  and  twenty- 
eight  cents ;  colonel,  or  captain  in  naval  grade,  nine  dollars 


700  Acts,  1908.  —  Chap.  G04. 

Compensation     and  sevcntv-two  cciits ;  lieutenant  colonel,  or  commander 
soldiers."  in  naval  grade,  eight  dollars  and  thirty-three  cents  ;  major, 

or  lieutenant  commander  in  naval  grade,  six  dollars  and 
ninety-four  cents;  captain,  mounted,  five  dollars  and  fifty- 
six  cents;  captain,  not  mounted,  or  lieutenant  in  naval 
grade,  five  dollars;  first  lieutenant,  mounted,  four  dollars 
and  forty-four  cents ;  first  lieutenant,  not  mounted,  or  lieu- 
tenant, junior  grade,  in  naval  grade,  four  dollars  and  sev- 
enteen cents ;  second  lieutenant,  mounted,  four  dollars  and 
seventeen  cents ;  second  lieutenant,  not  mounted,  or  ensign, 
naval  grade,  three  dollars  and  eighty-nine  cents ;  chaplain, 
four  dollars  and  seventeen  cents;  noncommissioned  staft"  offi- 
cers, and  petty  officers  and  color  sergeants,  of  like  naval 
grade,  three  dollars  and  five  cents ;  members  of  a  band,  four 
dollars  and  fifty-five  cents ;  cooks  and,  in  the  naval  brigade, 
cooks,  first  class,  three  dollars  and  fifty-five  cents  if,  in 
such  form  as  the  commander-in-chief  jDrescribes,  it  is  certi- 
fied and  made  to  appear  that  in  each  case  the  duty  of  super- 
intending and  assisting  in  the  preparation  of  the  food  of 
the  com|)any  was  actually  performed  by  the  cook  in  person 
during  the  tour  of  duty  or  day  of  duty  for  which  he  is  re- 
turned for  pay ;  otherwise  the  pay  of  other  enlisted  men  of 
like  grade ;  and  every  other  enlisted  man,  one  dollar  and 
fifty-five  cents.  There  shall  be  allowed  for  each  horse  actu- 
ally used  by  officers  and  soldiers  authorized  to  be  mounted 
and  for  each  draft  horse  used  in  the  artillery  the  sum  of 
four  dollars  a  day,  which  shall  be  in  full  for  keeping  and 
forage  except  that  when  forage  is  furnished  in  kind,  as  pro- 
vided in  section  one  hundred  and  seventy-six,  the  cost  of  the 
same  shall  be  deducted  from  this  allowance.  For  all  other 
duty  under  orders  of  the  commander-in-chief,  unless  other- 
wise specially  provided,  or  as  a  witness  or  defendant  under 
summons,  as  provided  in  section  one  hundred  and  eighty- 
five,  there  shall  be  allowed  and  paid  per  diem  to  all  officers 
above  the  rank  of  captain,  four  dollars ;  to  every  other 
commissioned  officer,  two  dollars  and  fifty  cents ;  to  every 
member  of  a  band,  three  dollars  and  fifty-five  cents,  and,  if 
with  troops,  one  dollar  additional ;  and  to  every  enlisted 
man,  one  dolhir  and  fifty-five  cents.  In  addition  to  the  pay 
herein  specified,  each  member  of  a  band  and  each  .enlisted 
man  shall  receive  forty-five  cents  per  diem,  in  lieu  of  sub- 
sistence, except  as  provided  in  section  one  hundred  and 
seventy-six.     There  shall  annually  be  allowed  and  paid 


Acts,  1908.  — Chap.  601.  701 

to  each  adjutant  general  of  brigade,  twenty  dollars;  to  each 
adjutant  other  than  battalion  adjutants  of  regiments,  fifty 
dollars,  and  twelve  dollars  and  fifty  cents  for  every  com- 
pany in  the  command  to  which  he  is  attached.  There  shall 
annually  be  allowed  and  paid  to  each  paymaster,  twelve 
dollars  and  fifty  cents  for  every  company  in  the  command 
to  which  he  is  assigned.  There  shall  be  allowed  and  paid 
to  each  chief  bugler,  bugler,  nuisician  and  trumpeter  of 
the  volunteer  militia,  for  the  duty  required  by  sections 
one  hundred  and  forty-one,  one  hundred  and  forty-two,  one 
hundred  and  fifty-one,  one  hundred  and  fifty-two  and  one 
hundred  and  sixty,  three  dollars  and  five  cents  a  day.  All 
sums  herein  specified  as  pay  for  enlisted  men  shall  be  an 
allowance  to  headquarters  and  companies  on  a  per  man  per 
diem  basis,  and  no  enlisted  men  shall  be  entitled  to  receive, 
as  pay,  from  this  allowance  a  per  diem  amount  in  excess 
of  the  per  diem  pay  received  by  a  man  of  like  grade  in  the 
regular  army  or  navy  on  January  first,  nineteen  hundred 
and  eight. 

Section  174.  There  shall  be  allowed  and  paid  to  each  Allowances  for 
oflicer  and  soldier  required  to  travel  on  duty,  as  follows: 
under  sections  one  hundred  and  forty-one,  one  hundred 
and  forty-two,  one  hundred  and  fifty-one,  one  hundred  and 
fifty-two  and  one  hundred  and  sixty,  two  cents  a  mile  each 
way,  computed  by  the  most  direct  railroad  communication 
from  the  place  in  which  the  headquarters  of  the  various 
commands  and  the  armories  of  the  companies  are  situated ; 
and  when  upon  duty  as  a  member  or  judge  advocate  of 
any  military  court  or  board,  or  as  a  witness  or  defendant 
before  such  court  or  board,  when  appearing  before  the 
board  of  examiners  provided  for  in  section  sixty-three,  when 
attending  meetings  of  ofiicers,  as  provided  in  section  one 
hundred  and  fifty-eight ;  when  acting  as  the  presiding  of- 
ficer at  an  election,  as  an  elector  at  the  election  of  a  general 
or  field  officer,  or  as  a  paymaster,  or  in  any  case  when 
obliged  by  orders  of  the  commander-in-chief  to  travel  with- 
out troops,  —  four  cents  a  mile  each  way,  computed  by  the 
most  direct  railroad  communication  from  the  residence  of 
the  officer  or  soldier.     There  shall  annuallv  be  allowed  and  Allowances  for 

.  ,  J"  •  •  '  instruction  m 

paid   a  sum  for  instruction  m  riding  not  exceeding  ten  riding. 
dollars  per  man  for  the  aggregate  enlisted  strength  entitled 
by  law  to  be  mounted.      Certificates  signed  by  the  com- 
manding officer  of  each  organization,  stating  the  number  of 


702 


Acts,  1908.  — Chap.  60i. 


Allowances  to 
certain  officers. 


Allowances 
for  care  of 
property. 


men  in  his  command  who  have  received  such  instruction 
and  who  have  ridden  at  least  five  times  nnder  proper  mil- 
itary instruction,  shall  be  furnished  to  the  adjutant  general, 
and  upon  his  approval  payments  shall  be  made  from  said 
sum  to  the  commanding  otHcer  of  each  organization  at  the 
rate  of  ten  dollars  for  each  man  in  his  command,  not  ex- 
ceeding the  maximum  legal  enlisted  strength  thereof,  so 
certified  as  having  received  instruction.  There  shall  an- 
nually be  allowed  and  paid  out  of  the  treasury  of  the  com- 
monwealth to  every  person  who  has  held  a  commission  in 
the  Massachusetts  volunteer  militia  and  who  has  served 
the  whole  of  the  year  preceding  the  first  day  of  April  of 
each  year,  the  sum  of  thirty-five  dollars,  upon  the  approval 
of  the  adjutant  general,  and  of  the  intermediate  com- 
mander of  organizations,  and  upon  their  certification  that 
such  persons  during  the  said  period  of  service  have  com- 
plied with  the  provisions  of  section  one  hundred  and  six 
of  this  act ;  and  e\'ery  commissioned  officer  who  has  not 
held  his  office  during  the  whole  of  said  year  shall,  upon 
the  approval  and  certification  by  the  officers  specified  in 
this  section  and  in  the  manner  aforesaid,  be  allowed  and 
paid  such  sum  as  may  equitably  be  due  him  for  that  part 
of  the  year  during  which  he  actually  served.  There  shall 
annually  be  allowed  and  paid  for  the  care  of  and  respon- 
sibility for  military  property  of  the  commonwealth  in  their 
charge,  to  the  commander  of  the  first  corps  of  cadets  and 
each  comi)any  commander,  fifty  dollars ;  to  the  commander 
of  the  second  corps  of  cadets,  two  hundred  and  fifty  dol- 
lars ;  to  each  commander  of  a  battery  of  field  artillery,  two 
hundred  dollars ;  to  each  regimental  commander,  the  com- 
mander of  the  field  artillery  battalion,  the  commander  of 
the  squadron  of  cavalry  and  to  the  signal  corps  commander, 
fifty  dollars ;  to  the  commander  of  the  naval  brigade,  five 
hundred  dollars,  and  to  the  hospital  corps  commander, 
fifty  dollars;  from  which  the  adjutant  general  may  deduct 
the  cost  of  all  articles  lost  by  neglect  or  losses  unsatisfac- 
torily explained,  before  certification  to  the  auditor  for  jiay- 
ment.  When  military  property  loaned  by  the  United  States 
government  to  the  commonwealth  has  suffered  loss  or  in- 
jury, the  amount  of  such  loss  or  injury  shall  be  paid  to  the 
United  States  government  out  of  the  treasury  of  the  com- 
monwealth upon  the  approval  of  the  adjutant  general,  and 
the  amounts  so  paid  shall  be  deducted  from  allowances 


Acts,  1908.  — Chap.  604.  703 

herein  made  payable  to  officers  of  the  militia  or  from  sums 

paid  into  the  treasury  of  the  commonwealth  by  the  adjutant 

general  on  account  of  such  loss  or  injury  and  collected  by 

him  from  officers  of  the  militia  responsible  therefor,  or 

from  their  bondsmen.     Inspecting  officers  when  on  duty  in  Allowances 

armories,  under  orders  of  the  commander-in-chief,  shall  officerl!^'^^'"^ 

receive  the  pay  and  allowances  provided  for  officers  on 

special  duty. 

There  shall  aunuallv  be  allowed  and  paid  out  of  the  Allowances 

••  -'  -  ^  T  J"  for  instruction 

treasury  oi  the  commonwealth  a  sum  not  exceeding  lour  in  military 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  adjutant  general  in  furnishing  the  officers  and  men  of 
the  organized  militia  with  uniform  instruction  in  military 
authority,  organization  and  administration  and  in  the  ele- 
ments of  military  art.  Certificates  for  allowance  of  ex- 
penses incident  to  such  instruction  shall  be  furnished  to 
the  adjutant  general,  and  upon  his  approval  payment  shall 
be  made  to  the  person  or  persons  certified  to  be  entitled 
thereto. 

Section  175.    Mounted  officers  and  men,  when  ordered  Allowances 

1'1'c  I'l  in    for  transpor- 

by  the  commander-in-chief  to  transport  their  horses,  shall  tation  of 

11111  1  CI  •CI         mounted 

be  allowed  the  actual  cost  oi  such  transportation  from  tlie  oflScers  and 
point  of  departure  nearest  to  the  several  headquarters  or 
the  armories  of  the  companies  to  which  they  belong.  J^o 
allowance  shall  be  made  for  transportation  not  actually 
used,  nor  to  officers  or  men  when  transported  by  horses  pro- 
vided by  the  commonwealth. 

Section  176.  Subsistence  for  enlisted  men  and  bands-  subsistence 
men  shall  be  furnished  in  kind  by  the  commissary  gen-  Sshed^in^kind. 
eral,  unless  otherwise  directed  by  the  commander-in-chief, 
when  troops  are  on  duty  under  sections  one  hundred  and 
forty-one,  one  hundred  and  forty-two,  one  hundred  and 
fifty-one,  one  hundred  and  fifty-two  and  one  hundred 
and  sixty,  and  the  necessary  cost  thereof  shall  be  paid  from 
the  appropriation  for  pay  and  allowances.  Bids  for  sup- 
plies for  the  annual  encampment  of  the  militia,  involving 
the  exijenditure  of  more  than  one  hundred  dollars,  shall  be 
advertised  for  by  the  commissary  general  in  such  news- 
papers as  the  adjutant  general  shall  approve ;  and  the  con- 
tract shall  be  awarded  to  the  lowest  bidder,  provided  that 
the  bid  is  approved  by  the  adjutant  general,  and  that  the 
bidder  furnishes  such  secifrity,  if  any,  as  the  adjutant  gen- 
eral may  require.     The  commissarv  general  is  authorized 


704  Acts,  1908.  — Chap.  604. 

to  make  sales  of  commissary  stores  for  cash  to  officers  and 
enlisted  men  and  to  civilian  employees  of  the  state  or  of 
the  United  States  assigned  to  or  employed  at  the  station 
or  with  the  troops  at  contract  prices  and  the  monej's  so 
received  by  him  shall  be  paid  to  the  treasurer  of  the  com- 
monwealth and  shall  be  credited  to  the  appropriation  for 
pay  and  allowances  for  that  year.  Forage  and  transporta- 
tion may  be  furnished  in  kind  by  the  quartermaster  gen- 
eral in  lieu  of  money  allowances. 
Postage,  Section  177.    There  shall  annually  be  allowed  and  paid 

stationery,  etc.  .       .  .  "  i        rn  •       •  i       -    i 

for  postage,  printing,  stationery,  and  omce  incidentals: 
to  each  brigade  headquarters,  seventy-five  dollars ;  to  each 
regimental  headquarters,  three  hundred  dollars;  to  head- 
quarters of  the  naval  brigade,  two  hundred  dollars  ;  to  head- 
quarters of  battalions  of  field  artillery  and  squadrons  of 
cavalry,  fifty  dollars ;  to  each  corps  of  cadets,  one  hundred 
of^Snifirms'  dollars ;  and  to  each  company,  fifteen  dollars.  There 
shall  annually  be  allowed  and  paid  to  each  headquarters, 
department,  corps  and  company  the  sum  of  two  dollars  for 
each  enlisted  man,  excepting  bandsmen  not  mustered, 
attached  thereto  or  enrolled  therein,  not  exceeding  the 
maximum  enlisted  strength  allowed  by  law,  the  amount 
so  paid  to  be  expended  in  the  repair  and  alteration  of 
uniforms,  or  in  defraying  the  incidental  military  expenses 
Company  of   the    scvcral    organizations.      There    shall    annually   be 

armorer.  allowcd  and  paid  to  each  company,  for  the  services  of  a 

company  armorer,  who  shall  devote  all  necessary  attention 
to  the  care  of  the  arms,  equipments,  uniforms  and  quarters 
of  the  company,  the  sum  of  one  hundred  and  twenty-five 
dollars. 
Jt?endan"eat  Section  1Y8.  There  shall  be  allowed  to  each  person, 
courts-martial,  j^q^  [j^  {[^q  volunteer  militia,  appearing  before  courts  of 
inquiry  or  courts-martial  upon  summons  of  the  president 
or  judge  advocate  thereof,  one  dollar  and  fifty  cents  for 
each  day's  attendance  and  four  cents  for  each  mile  neces- 
sarily travelled  in  ob('di(>nce  to  such  summons. 

Courts  of  Ivquiry  and  Coiuis-mariial. 

Courtis  of  Sectioj^  179.     Courts  of  inciuiry  may  be  instituted  by 

the  commander-in-chief  to  investigate  the  conduct  of  any 
oflScer,  either  upon  his  own  application  or  upon  a  com- 
plaint or  charge  of  improper  conduct,  degrading  to  the 


Acts,  1908.  — Chap.  604.  705 

character  of  an  officer.  Sncli  court  shall  consist  of  not 
more  tjian  three  officers  and  may,  with  the  approval  of  the 
connnauder-in-chief,  require  a  judge  advocate  to  attend  it 
in  taking  testimonv  and  investigating  any  complaint  be- 
fore it. 

Section   ISO.      Such  court  shall  without  delay  report  Report,  etc. 
a  statement  of  facts  and,  when  required,  the  evidence  and 
its  opinion  thereon  to  the  commander-in-chief  who  may,  in 
his  discretion,  thereupon  order  a  court-martial  for  the  trial 
of  the  officer. 

Section  181.  General  courts-martial  for  the  trial  of  General  courts- 
commissioned  officcTS  shall  be  ordered  by  the  commander- 
in-chief  at  such  times  as  the  interest  of  the  service  may 
require,  and  shall  consist  of  not  less  than  three  nor  more 
than  seven  officers,  none  of  whom  shall  be  of  less  rank  than 
the  accused. 

Section  182.  The  commanding  officer  of  each  brigade  Regimental  or 
shall,  when  necessary,  appoint  for  the  trial  of  noncommis-  courts-martiai, 
sioned  officers,  musicians  and  privates,  a  battalion  or  regi-  ^*^''- 
mental  court-martial  for  any  regiment,  battalion,  squadron 
or  unattached  company  in  his  brigade ;  and  the  commander- 
in-chief  shall  appoint  courts-martial  for  all  other  organi- 
zations. It  shall  consist  of  one  officer  of  the  line  whose 
rank  is  not  below  that  of  major ;  and,  unless  otherwise 
directed  by  the  commander-in-chief,  shall  be  held  at  the 
armory  of  the  company,  or,  in  case  of  a  noncommissioned 
staff  officer,  at  the  headquarters  of  the  organization  to 
which  the  accused  belongs,  and,  subject  to  the  approval  of 
the  officer  ordering  the  court,  may  sentence  the  soldier 
tried  to  be  reprimanded  in  company,  corps,  squadron,  sep- 
arate battalion  or  regimental  orders,  or,  in  case  of  a  com- 
pany noncommissioned  officer,  to  be  reduced  to  the  ranks ; 
and  may,  with  the  approval  of  the  commander-in-chief, 
sentence  him  to  be  reprimanded  in  brigade  orders  or  in 
orders  from  general  headquarters,  to  be  dishonorably  dis- 
charged, or  to  be  discharged  and  disqualified  from  holding 
office  in  the  militia  of  the  commonwealth. 

Section  188.     Courts-martial  shall  in  all  respects  con-  Proceedings  of 
form  to  the  regiTlations  established  for  the  government  of  martial,  etc. 
the  militia  of  the  commonwealth ;  and  the  sentences  thereof 
shall  be  in  accordance  with  the  nature  and  degree  of  the 
offence  and  according  to  established  military  usage,   but 
shall  not,  in  time  of  peace,  extend  further  than  dismissal 


706 


Acts,  1908.  — Chap.  604. 


Report  to  re- 
viewing officer, 
etc. 


Issue  of 

summonses, 

etc. 


Penalty  for 
failure  to 
ser\-e  sum- 
mons, etc. 


Offences  for 
which  officers 
may  be  tried, 
etc. 


or  discharge,  or  disqualification  from  holding  any  office 
in  the  militia. 

Section  1S4.  The  proceedings  and  sentence  of  every 
court-martial  shall  without  delay  be  forwarded  to  the  of- 
ficer competent  to  review  the  same,  who  shall  approve  or 
disapprove  thereof  within  fifteen  days  thereafter;  but  the 
reviewing  officer  may  mitigate  or  commute  the  sentence.  A 
roll  of  the  officers  of  the  court,  of  the  persons  accused  or 
charged  and  of  the  witnesses  appearing  before  it,  with  the 
residence  and  number  of  days'  attendance  of  each,  shall 
constitute  a  part  of  the  record  of  every  court  of  inquiry 
or  court-martial. 

Section  185.  The  president  of  every  court-martial  or 
court  of  inquiry,  and  also  the  judge  advocate,  may  adminis- 
ter the  usual  oath  to  witnesses,  and  may  issue  summonses 
for  the  accused  and  the  witnesses  for  the  commonAvealth, 
and  also,  on  application,  for  the  witnesses  for  the  officer 
or  soldier  accused  or  charged ;  and  he  may  direct  the  com- 
manding officer  of  any  company  to  cause  such  summonses 
to  be  served  on  any  member  of  his  company,  or  may  direct 
the  commanding  officer  of  any  brigade,  regiment,  naval 
brigade,  separate  battalion,  squadron  or  corps  of  cadets  to 
serve  such  summonses  on  any  commissioned  or  noncommis- 
sioned officer  of  his  staff. 

Section  186.  An  officer  or  soldier  failing  to  serve  such 
summons,  and  a  witness  failing  without  sufficient  excuse  to 
appear  when  summoned,  shall  be  liable  to  trial  by  court- 
martial  for  disobedience  of  orders,  or  may  be  compelled  to 
appear  as  in  the  case  of  witnesses  before  special  tribunals. 

Section  187.  Commissioned  officers  and  veterinarians 
may  be  tried  by  court-martial,  for  the  following  offences : 
for  unmilitary  or  unofficerli'ke  conduct;  drunkenness  on 
duty;  neglect  of  duty;  disobedience  of  orders;  acts  con- 
trary to  the  provisions  of  this  act  or  to  the  regulations 
for  the  government  of  the  militia;  oppression  or  injury 
of  any  under  liis  command ;  a  combination  or  attempt  witli, 
or  advice  to,  another  to  break,  resist  or  evade  the  laws  or 
lawful  orders;  insulting  a  superior  officer  in  the  line  of 
military  duty;  presuming  to  exercise  his  command  while 
under  arrest  or  suspension ;  neglect  or  refusal,  when  com- 
manding officer,  to  order  out  his  troops  when  required  by 
law  or  when  ordered  by  his  superior  officer;  neglect  or 
refusal  to  make  a  draft  or  detachment  when  so  ordered ; 


Acts,  1908.  — Chap.  604.  707 

parading  the  troops  under  his  command  on  election  days 
contrary  to  law ;  receiving  any  fee  of  gratuity  as  a  medical 
officer  for  a  certificate  of  inability  to  do  military  duty; 
neglect,  when  detailed  to  train  and  discipline  a  company, 
to  make  complaint  for  neglect  or  violation  of  duty,  or  for 
any  other  neglect  for  which  a  commanding  officer  of  the 
company  would  be  liable ;  neglect  or  refusal  to  march  or  to 
make  a  draft,  or  for  disobedience  to  an  order  in  case  of 
rebellion  or  insurrection ;  refusal  or  neglect  to  obey  a  pre- 
cept or  order  to  call  out  the  militia,  or  an  order  issued  in 
obedience  thereto,  or  for  advising  any  officer  or  soldier  to 
do  the  like ;  making  a  false  certificate,  account  or  muster ; 
conduct  unbecoming  an  officer  and  gentleman,  or  to  the 
prejudice  of  good  order  and  military  discipline. 

Section  188.      Enlisted  men  may  be  tried  by  court-  offences  for 
martial  for  the  following  offences :    disobedience  of  orders,  men  may'L^ 
or  an   act  contrary  to  the  provisions   of  this   act,   to  the    "^  '  ^  °' 
regulations  for  the  government  of  the  militia,  or  to  the 
by-laws  of  the  organization  to  which  he  belongs,  disrespect 
to  his  superior  officers,  mutiny,  neglect  of  duty,  drunken- 
ness on  duty,  or  conduct  to  the  prejudice  of  good  order  and 
military  discipline. 

Section  189.     'No  officer  or  soldier  shall  be  tried  by  Limitation  of 
court-martial   for  any  offence  not  committed  within  two  P'"°s^'="t'0"s. 
years  before  the  issuing  of  the  order  for  such  trial  unless 
the  accused  has  absented  himself  from  the  commonwealth 
or  for  some  other  reason  has  not  been  amenable  to  justice 
within  that  period. 

Section  190.     When  any  portion  of  the  military  forces  Articles  of 
of  the  commonwealth  is  ordered  by  the  commander-in-chief  i^'^cenam^'^ 
to  assemble  for  the  purpose  of  suppressing  a  riot,  insur-  ^^^^^'  ®"'- 
rection,  or  invasion,  or  in  time  of  public  danger,  the  rules 
and  articles  of  war  and  general  regulations  for  the  govern- 
ment of  the  army  or  navy  of  the'  United  States,  so  far  as 
they  may  be  applicable  and  with  such  modifications  as  the 
commander-in-chief  may  prescribe,   shall  be  in  force  and 
shall  be  regarded  as  part  hereof,  during  such  service ;  but 
no  punishment  by  death  shall  in  any  case  be  inflicted  under 
such  rules  and  articles,  except  in  time  of  actual  war,  in- 
vasion or   insurrection,    declared  by   proclamation   of  the 
governor  to  exist,  and  then  only  after  the  approval  of  the 
sentence  by  the  commander-in-chief. 


708 


Acts,  1908.  — Chap.  60i. 


Inspection  of 
books,  etc. 


Fines,  etc. 


Regimental,  Battalion  and  Company  By-laws. 
^y-)aw^  Section  191.     For  the  government  of  matters  relating; 

subject  to  ^  _  o        _  _  ^  .  <=> 

approval,  etc.  ^q  tJje  interior  economy  of  their  respective  organizations ; 
the  assessment  of  dues;  the  regulation  of  fines  for  non- 
performance of  duty  and  of  excuses  therefrom,  companies, 
troops,  batteries,  corps  of  cadets,  the  staff  corps  and  depart- 
ments, may  adopt  by-laws  not  repugnant  to  the  law  or  to 
the  regulations  for  the  government  of  the  militia,  subject 
to  the  approval  of  the  commander-in-chief.  Headquarters 
of  brigades,  regiments,  separate  battalion,  squadron  and 
the  naval  brigade  may  also  adopt  by-laws  in  like  manner. 
All  organizations  of  the  militia  shall  be  supplied  by  the 
quartermaster  general  with  a  treasurer's  account  book,  to 
be  kept  as  the  commander-in-chief  prescribes.  The  books 
of  the  treasurer  of  any  command  may  at  any  time  be  ex- 
amined by  inspecting  officers,  on  whose  report  they  shall 
be  subject  to  the  action  of  the  commander-in-chief. 

Section  192.  Fines  fixed  by  such  by-law^s  for  the  non- 
performance of  duty  shall  not  exceed  the  following  sums : 
for  each  day's  absence  from  camp  or  annual  drill,  five 
dollars;  for  each  day's  absence  from  special  duty,  wdien 
ordered  by  the  command(>r-in-chicf,  or  from  any  parade 
ordered  by  the  commanding  officer  of  a  regiment,  separate 
battalion,  squadron,  corps  of  cadets,  unattached  company, 
staff  corps  and  departments,  three  dollars ;  for  each  absence 
from  company  or  battalion  drill,  or  meeting  of  officers 
or  noncommissioned  officers  ordered  for  the  purpose  of 
instruction,  inspection,  or  from  an  election,  one  dollar. 
]\fonpy  charged  to  an  officer  or  soldier  of  the  volunteer 
militia,  under  the  provisions  of  this  act  or  of  the  by- 
laws of  the  organization  of  which  he  is  or  may  have  been 
a  member,  shall  constitute  a  simple  contract  debt  against 
him  and  may  be  recovered  upon  suit  brouglit  in  the  name 
of  the  officer  commanding  such  organization  at  the  time 
of  bringing  the  action,  and  prosecuted  in  accordance  with 
the  laws  of  this  commonwealth  for  the  recovery 'of  such 
debts  in  any  court  of  competent  jurisdiction.  Want  of 
consideration,  or  the  fact  that  the  defendant  is  or  was 
a  member  of  the  same  organization  as  the  plaintiff,  shall 
not  be  defences  in  such  suit.  The  prevailing  party  shall 
have  his  costs  withont  regard  to  the  amount  recovered. 
This  remedy  shall  be  in  addition  to  the  penalties  herein- 


Acts,  1908.  — Chap.  604  709 

before  provided.  A  judgment  for  such  a  fine  and  costs 
may  be  enforced  in  the  same  manner  as  a  judgment  on 
a  claim  for  necessaries,  in  accordance  with  the  provisions 
of  sections  eighty  to  eighty-six,  both  inchisive,  of  chapter 
one  hundred  and  sixty-eight  of  the  Eevised  Laws. 


GENERAT>   PROVISIONS. 

Section  193.    The  commander-in-chief  may  make  rcgu-  Regulations 
hitions  for  the  government  of  the  militia  in   accordance  „"erf°of the 
with  law,  and  may  publish  the  same  with  a  sufficient  index.  ""''"^• 
The   commander-in-chief   shall   cause   copies  of  this   act, 
with  such  amendments  as  may  be  made  from  time  to  time, 
to  be  published  for  the  information  and  use  of  the  militia, 
and  a  sufficient  index  shall  be  made  for  every  such  publi- 
cation, copies  whereof,  sufficient  for  the  proper  supply  of 
the  several  commands  of  the  militia,  shall  be  printed  and 
issued  by  the  adjutant  general. 

Section  194.'    The  militia  shall  observe  the  system  of  ^y^j*^^,'J  ^f^*^^ 
discipline  and  field  exercise  ordered  to  be  observed  bv  the  discipline  to 

y  •  be  observed. 

army  of  the  United  States,  or  such  other  system  as  may 
hereafter  be  established  by  the  laws  of  the  United  States. 

Section  195.     ^Members  of  the  volunteer  militia  shall  from"^P*;y" 
not  be  liable  to  jury  duty;    and  any  officer  or  soldier  who  duty. 
has  served  faithfully  for  nine  years  in  the  volunteer  militia 
shall  be  exempt  for  life  from  jury  duty,  the  statement  of 
such  service  being  endorsed  on  the  back  of  his  discharge 
and  certified  by  his  commanding  officer. 

Section  196.     Rolls  of  the  volunteer  militia,  showing  RoIIs  to  be 
the  names  of  all  general,  field,  staif  and  noncommissioned  ™^''^  =*"""*  y* 
staff  officers,   and  tlie  names  of  all  company  officers   and 
eidisted  men  in  the  service,  shall  be  made  on  the  first  day 
of  January  in  each  year.     Those  for  companies  shall  be 
])re])ared  by  the  respective  company  commanders,  and  all 
others  by  direction  of  the  commanding  officers  of  the  sev- 
eral organizations.     A  sworn  copy  of  such  rolls,  or  of  so  swom  copies 
much  thereof  as  may  be  necessary,  shall  be  furnished  by  n'ishld."'^ 
the  commanding  officers  of  companies  and  of  such  other 
organizations   before   the  tenth   day  of   January  in   each 
year,  to  the  registrars  of  voters  in  any  city  except  Boston, 
and  in  Boston  to  the  election  commissioners,  or  to  the  se- 
lectmen of  any  town,  in  which  such  companies  or  organi- 
zations or  anv  members  thereof  are  situated,  for  use  in 


710 


Acts,  1908.  — Chap.  604. 


Penalty  for 
issue  of  false 
certificate. 


Rolls  of  the 
Ancient  and 
Honorable 
Artillery 
Company. 


Exemption 
from  arrest, 
etc. 


Relief  for 
injuries,  etc. 


Claims. 


Findings  to  be 
approved. 


ascertaining  exemptions  from  jury  duty.  The  issue  by 
an  officer  of  the  volunteer  militia  of  a  false  certificate,  or 
the  issne  of  a  certificate  to  any  person  not  entitled  to  re- 
ceive the  same,  for  the  ]>urpose  of  securing  exemption  from 
jury  dnty,  shall  he  punished  in  snch  manner  as  the  com- 
mander-in-chief shall  direct.  The  clerk  of  the  Ancient 
and  ITonorahle  Artillery  Company  shall  furnish  annually 
to  the  election  commissioners  in  the  city  of  Boston,  and  to 
the  registrars  of  voters  in  any  other  city,  or  to  the  select- 
men of  any  town,  sworn  rolls  of  all  active  memhers  be- 
longing to  the  company  resident  in  such  city  or  town.  ]^o 
member  of  the  Ancient  and  Honorable  Artillery  Company, 
otherwise  liable  for  jury  duty,  shall  be  exempt  if  the 
sworn  roll  herein  required  has  not  been  made  and  fur- 
nished as  aforesaid. 

Section  197.  'No  officer  or  soldier  shall  be  arrested 
on  civil  process  while  going  to,  remaining  at  or  returning 
from,  a  place  where  he  is  ordered  to  attend  for  election  of 
officers  or  for  military  duty. 

Section  198.  A  member  of  the  volunteer  militia  or 
of  the  naval  brigade  who  shall,  when  on  duty  or  when 
assembled  therefor  under  the  provisions  of  sections  one 
hundred  and  forty-one,  one  hundred  and  forty-two,  one 
hundred  and  fifty-one,  one  hundred  and  fifty-two,  or  one 
hundred  and  sixty,  receive  any  injury,  by  reason  of  such 
duty  or  assembly,  or  who  shall  without  fault  or  neglect 
on  his  part  be  Avounded  or  disabled  while  performing  any 
such  lawfully  ordered  duty,  which  shall  temporarily  in- 
capacitate him  from  pursuing  his  usual  business  or  occu- 
pation, shall,  during  the  period  of  such  incapacity,  receive 
the  pay  provided  for  by  this  act  and  actual  necessary 
expenses  for  care  and  medical  attendance.  All  claims 
arising  under  this  section  shall  be  inquired  into  by  a  board 
of  three  officers,  at  least  one  being  a  medical  officer,  to  be 
appointed  by  the  commander-in-chief  upon  the  a]i])lication 
of  the  member  making  the  claim.  Such  board  shall  have 
the  same  power  to  take  evidence,  administer  oaths,  issue 
subpoenas  and  compel  witnesses  to  attend  and  testify  and 
produce  books  and  papers,  and  punish  their  failure  to  do 
so,  as  is  possessed  by  a  general  coui't-martial.  The  findings 
of  the  board  shall  be  subject  to  the  a]i]U'oval  of  the  com- 
mander-in-chief. Hie  amount  fonnd  due  such  niembtn'  by 
said  board,  to  the  extent  that  its  findings  are  approved  by 


Acts,  1908.  — Chap.  604.  711 

the  commander-in-chief,  shall  be  a  charge  and  shall  be  paid 
in  like  manner  as  other  military  accounts  are  paid. 

Section  19!».  All  military  accounts,  unless  otherwise  Miutaryac- 
provided  for  by  law,  shall  annually,  on  or  before  the  fif- 
teenth day  of  November,  be  transmitted  to  the  adjutant 
general,  and  shall  be  certified  by  him  if  correct,  and  then 
presented  to  the  auditor  of  the  commonwealth  for  allow- 
ance. 

vSECTiorNT  200.  Paymasters  shall  take  proper  vouchers  Paymaster's 
in  duplicate  for  all  payments,  and  immediately  after  the 
payment  of  troops  shall  file  with  the  treasurer  and  receiver 
general  an  account  of  their  payments,  with  the  duplicates 
of  their  vouchers ;  and  such  accounts  shall  be  audited  by  Auditing,  etc 
the  auditor  of  the  commonwealth,  and  the  several  pay- 
masters held  to  account  for  any  discrepancies. 

Section  201.     Each  officer 'of  the  pay  department,  and  l^^l^'^'''^ 
the  paymasters  of  the  naval  brigade  shall  give  bond  in  the 
penal  sum  of  ten  thousand  dollars,  with  at  least  two  sure- 
ties,  approved  b}^  the  governor  and  council,  conditioned 
faithfully  to  perforin  the  duties  of  their  office. 

Section  202.    Anv  officer  to  whom  any  public  military  Bond  of  officer 

,  1  •        1     ,  •  for  responsi- 

])roperty  is  at  any  time  issued  may  be  required  to  give  biiity  for 
bond,  with  two  sureties,  satisfactory  to  the  governor  and  ™ty,'*eTc.'"^°''" 
council,  conditioned  faithfully  to  perform  the  duties  of  his 
office ;  to  use  all  necessary  care  in  the  safe  keeping  of  mili- 
tary .stores  and  property  committed  to  his  custody ;  to  ac- 
count for  the  same,  and  deliver  to  his  successor  or  to  any 
other  person  authorized  to  receive  the  same  all  such  mili- 
tary property. 

Section  203.     Commissioned  officers  and  enlisted  men.   Concerning 
who,  by  reason  of  their  supplementary  positions  in  the  vol-  meiTwho'are 
unteer  militia,  cannot  be  accepted  when  the  organizations  iTthTmiiuia. 
to  which  they  are  attached  are  taken  into  the  service  of  ^^'^' 
the  United  States,  shall  not  therefore  be  discharged  from 
the  volunteer  militia,  but  shall  be  subject  within  the  limits 
of  the  commonwealth  to  such  military  duty  as  the  com- 
mander-in-chief shall  require,  and  upon  the  return  to  the 
state   of   the   organizations   to   wdiich   they   were    attached 
shall  resume  their  former  duties. 

In  like  manner,  officers  and  soldiers  who  are  in  the  ser- 
vice of  tlie  commonwealth,  but  who  do  not  for  any  reason 
enter  the  volunteer  army  of  the  United  States,  shall  retain 
their  positions  with  the  volunteer  militia. 


712 


Acts,  1908.  — Chap.  604. 


Administering 
oaths,  etc. 


Certain  rights 
not  affected. 


Troops  to  be 
ordered  out  of 
the  common- 
wealth only 
by  the  com- 
mander-in- 
chief. 


Penalty. 


Pay  and 

allowances, 

etc. 


Penalty  on 
civil  officers. 


Repeal. 


Section  201-.  General  and  field  officers,  paymasters, 
the  judge  advocate  general,  and  all  judge  advocates  may  ad- 
minister the  oaths  required  by  this  act,  except  as  provided 
in  sections  sixty-three  and  sixty-four;  and  also  oaths  re- 
quired by  the  regulations  for  the  government  of  the  militia. 

Spjction  205.  The  j^rovisions  of  this  act  shall  not 
affect  the  right  of  the  Ancient  and  Honorable  Artillery 
Company  to  maintain  its  organization  as  a  military  com- 
pany, according  to  ancient  usage  and  to  its  constitution  and 
by-laws,  provided  that  the  same  are  not  repugnant  to  the 
laws  of  this  commonwealth  and  do  not  restrain  the  lawful 
parade  or  exercise  of  the  active  militia. 

Section  206.  ISTo  organization  of  the  militia  shall  be 
ordered  without  the  limits  of  the  commonwealth,  and  no 
military  organization  shall  leave  the  commonwealth,  for 
any  period  or  purpose  whatever,  with  public  military  prop- 
erty in  its  possession  or  use,  without  the  consent  or  by  the 
order  of  the  commander-in-chief.  Any  organization  dis- 
obeying the  provisions  of  this  section  shall  forthwith  be 
disbanded  by  the  commander-in-chief,  and  its  oihcers  and 
members  shall  be  lial)le  to  trial  by  court-martial  for  dis- 
obedience of  orders. 

Section  207.  The  militia  when  in  the  service  of  the 
United  States,  if  paid  by  the  commonwealth,  shall  receive 
the  same  pay  and  allowances  as  the  regular  troops  of  the 
United  States;  and  the  rations  when  commuted  shall  be 
valued  at  the  rate  fixed  by  the  regiilations  of  the  United 
States  army  in  force  at  the  time.  "When  the  militia  are 
discharged  from  such  service  they  shall  be  allowed  pay  and 
rations  to  their  respective  homes. 

Section  208.  Civil  officers  named  in  this  act  who 
neglect  or  refuse  to  obey  its  provisions  shall,  except  as 
otherwise  expressly  provided,  forfeit  not  less  than  twenty 
nor  more  than  five  hundred  dollars  for  each  offence. 

Section  200.  Chapter  four  hundred  and  sixty-five  of 
the  acts  of  the  year  nineteen  hundred  and  five,  and  all 
other  acts  and  parts  of  acts  iuconsistent  herewith,  are 
hereby  repealed. 

Section  210.  This  act  shall  take  effect  upon  its  pas- 
sage. Ajjproved  June  11,  1908. 


Acts,  1908.  — CiiAr.  605.  713 


An  Act  to  kegulate  eurtuer  the  business  of  making  (JJf(ip.Q05 

SMALL  LOANS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Xo  person,  firm  or  corporation  shall  engage  Business  of 
in  the  business  of  making  small  loans  of  two  hundred  dol-  joans"not"to 
lars   or  less  npon   which   a   rate  of   interest   greater   than  ^uw^r^'" 
twelve  per  cent  per  annnm  is  charged,  and  for  which  no  I'^ense. 
security,  other  than  a  note  or  contract  with  or  without  an 
endorser   is   taken,   without    first   obtaining   a    license   for 
carrying  on  such  business  in  the  city  or  town  in  which  the 
business  is  to  be  transacted.     Such  licenses  may  be  granted 
in  Boston  by  the  }X)lice  commissioner,   in  other  cities  by 
the  mayor  and  aldermen,  and  in  towns,  by  the  selectmen. 

Section  2.      The  licensing  ofhcer  or  board  shall  from  Licensing 
time  to  time  establish  regulations  respecting  the  business  boa7d  toes- 
carried  on  by  the  persons  so  licensed  and  the  rate  of  in-  {alions/ef"' 
terest  to  be  charged  by  tlu'm,   having  due  regard  to  the 
amount  of  the  loan  and  the  time  for  which  it  is  made ;  and 
no  licensee  shall  charge  or  receive  upon  any  loan  a  greater 
rate  of  interest  than  that  fixed  by  the  licensing  officer  or 
board. 

Section  3.     In  the  case  of  a  loan  to  which  the  in-ovi-  Regulating 

,  ,  .     ^  amount  of 

sions  of  section  one  apply,  an  amount  not  exceeding  two  loans,  etc. 
dollars  if  the  loan  does  not  f^xceed  twenty-five  dollars,  not 
exceeding  ten  dollars  if  the  hmn  exceeds  one  hundred  dol- 
lars, not  exceeding  three  dollars  if  the  loan  exceeds  twenty- 
five  dollars  but  does  not  exceed  fifty  dollars,  and  not  exceed- 
ing five  dollars  if  the  loan  exceeds  fifty  dollars  but  does  not 
exceed  one  hundred  dollars,  may,  if  both  parties  to  the  loan 
so  agree,  be  paid  by  the  borrower  or  added  to  the  debt,  and 
taken  by  the  lender  as  the  expense  of  making  the  loan,  and 
such  amount  shall  not  be  counted  as  part  of  the  interest 
on  the  loan.  A  greater  amount  than  that  above  specified 
shall  not  be  taken  for  such  purpose,  and  any  money  paid, 
j^romised  or  taken  in  excess  of  such  amount  shall  be  deemed 
to  be  interest. 

Section  4.     AMioever  not  being  duly  licensed  as  pro-  Penalty, 
vided  in  section  one,  on  his  own  account  or  on  account  of 
any  other  person,  firm  or  corporation,  not  so  licensed,  en- 
gages in  or  carries  on  directly  or  indirectly,  either  sepa- 


714 


Acts,  1908.  — Chap.  GOG. 


License  may 
be  revoked, 
etc. 


Exemptions. 


Validity  of 
assignment  of 
wages  for  se- 
curing loan. 


No  assignment 
of  wages  to  be 
earned  in  the 
future  to  be 
valid,  unless, 
etc. 

Repeal. 


When  to  take 
effect. 


ratclj  or  in  connection  with  or  as  a  part  of  any  other 
business,  the  business  of  making  loans  to  which  the  pro- 
visions of  section  one  apply,  shall  be  punished  by  a  fine 
of  not  more  than  three  hundred  dollars  or  by  imprisonment 
for  not  more  than  sixty  days,  or  by  both  such  fine  and  im- 
prisonment. 

Section  5.  The  licensing  officer  or  board  may  revoke 
the  license  granted  in  accordance  with  the  provisions  of 
section  one,  of  any  person  guilty  of  a  violation  of  its  terms, 
or  of  the  regulations  established  by  said  oflicer  or  board 
and  governing  said  business. 

Section  G.  K^ational  banks,  all  banking  institutions 
which  are  under  the  supervision  of  the  bank  commissioner, 
and  loan  companies  and  loan  associations  established  by 
special  charter  and  placed  under  said  supervision,  shall  be 
exempt  from  the  provisions  of  this  act. 

Section  7.  J^o  assignment  of,  or  order  for,  wages  to 
be  earned  in  the  future  to  secure  a  loan  of  less  than  two 
hundred  dollars,  shall  be  valid  against  an  employer  of  the 
person  making  said  assignment  or  order  until  said  assign- 
ment or  order  is  accepted  in  writing  by  the  employer,  and 
said  assignment  or  order,  and  the  acceptance  of  the  same 
have  been  filed  and  recorded  with  the  clerk  of  the  city  or 
town  where  the  party  making  said  assignment  or  order 
resides,  if  a  resident  of  the  commonwealth,  or  in  which  he 
is  employed,  if  not  a  resident  of  the  commonw^ealth. 

Section  8.  jSTo  such  assignment  of,  or  order  for,  wages 
to  be  earned  in  the  future  shall  be  valid,  when  made  by  a 
married  man,  unless  the  written  consent  of  his  wife  to  the 
making  of  such  assignment  or  order  is  attached  thereto. 

Section  9.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 

Section  10.  This  act  shall  take  eff(>ct  on  the  first  day 
of  September  in  the  year  nineteen  hundred  and  eight. 

Approved  June  11,  1908. 


Chap.606  An  Act  eelative  to  com:mon  landing  places. 

Be  it  enacted,  etc.,  as  foUoics: 

Section  1.  The  selectmen  of  a  town  upon  written  ap- 
j)lication  therefor,  signed  by  ten  or  more  voters  of  the 
town,  may  lay  out  common  landing  ])laces,  subject  In  ac- 
ceptance by  the  town  at  a  meeting  duly  called  for  the  i)iir- 


Laying  out  of 
common  land- 
ing places. 


Acts,  1908.  — Chap.  606.  715 

pose:  provided,  that  no  common  landing  place  shall  be  laid  Proviso, 
out  so  as  to  include  any  land  below  low  water  mark. 

Section  2.    A  town  at  a  meeting  called  for  the  purpose  Landing  place 
may  discontinue  any  common  landing  place  laid  out  under  continued, 
the  provisions  of  this  act. 

Section  3.     The  selectmen  of  a  town  in  which  a  com-  Rules  and 
mon  landing  place  has  been  laid  out  under  the  provisions  "^^"^ 
of  this  act  may  make  such  rules  and  regiilations  concern- 
ing the  same  as,  in  their  opinion,  the  use  of  the  landing 
place  may  require. 

Section  4.  All  provisions  of  law  in  regard  to  the  lay-  Certain  pro- 
ing  out  or  altering  of  town  ways  shall  apply  to  the  laying  to''k°p"piy- 
out  or  alteration  of  common  landing  places  laid  out  under 
the  provisions  of  this  act,  so  far  as  the  same  are  applicable, 
except  that  a  person  who  has  sustained  damages  to  his 
property  by  the  laying  out  or  alteration  of  a  common  land- 
ing place  shall  be  paid  such  damages  by  the  town  upon 
acceptance  by  the  town  of  the  layout  or  alteration. 

Section  5.     Any  person  aggrieved  by  the  failure  of  the  Persons 
selectmen  of  any  town  to  lay  out  suitable  landing  places  iMurlti    ^ 
therein,  after  written  application  therefor,  or  by  the  fail-  i|y  omland- 
ure  of  a  town  to  accept  a  common  landing  place  laid  out  m|/'ippTy  to''" 
by  the  selectmen,  may,  within  six  months  after  such  appli-  ^i^^onerT 
cation  to  the  selectmen  or  after  such  failure  of  the  town, 
apply  by  petition  in  writing  to  the  county  commissioners, 
who,  unless  sufficient  cause  to  the  contrary  is  shown,  may 
lay  out  suitable  common  landing  places  originally  applied 
for  to  the  selectmen,  if  the  selectmen  have  failed  to  lay 
out  such  landing  places,  or  may  approve  a  landing  place 
laid  out  by  the  selectmen  if  the  town  has  failed  to  accept 
the  landing  place,  and  may  direct  the  laying  out  of  such 
landing  places  to  be  recorded  by  the  clerk  of  the  town, 
which  shall  have  like  effect  as  if  laid  out  by  the  selectmen 
and  accepted  by  the  town.     The  proceedings  of  the  county  Proceedings  of 
commissioners  upon  a  petition  filed  as  aforesaid  shall,  so  mi^.sioners"" 
far  as  is  practicable,  be  the  same  as  those  provided  by  law 
in  regard  to  the  laying  out  of  highways  by  county  commis- 
sioners. 

Section  6.     Any  person  aggrieved  by  the  action  of  a  Persons 
town  in  discontinuing  a  common  landing  place  may,  within  dfswntin-  ^ 
six  months  thereafter,  apply  by  petition  to  the  county  com-  ufrTdlng^piaces 
missioners,  who  shall  give  notice  to  the  clerk  of  the  town  TOunt'^y^'cim-" 
in  which  such  landing  place  is  situated,  and  to  the  clerks 


missioners. 


16 


Acts,  1908.  — Chap.  607. 


Proceedings  of 
county  com- 
missioners. 


Petitioners  to 
cause  a  suffi- 
cient recog- 
nizance to  be 
given  to 
county,  etc. 


Petitioner  may 
be  a  resident 
of  adjoining 
town. 


of  every  adjoining  town,  of  a  hearing  on  such  petition  and 
of  the  time  and  place  appointed  therefor,  at  least  thirty 
days  before  the  time  api)ointed  for  the  hearing,  and  they 
shall  also  cause  copies  of  the  petition,  or  abstracts  thereof, 
and  of  the  notice,  to  be  posted  in  two  public  places  in  each 
of  said  towns,  and  to  be  published  three  weeks  successively 
in  such  newspaper  as  they  shall  order ;  the  posting  and  the 
last  i^ublication  to  be  fourteen  days  at  least  before  any 
view,  hearing  or  adjudication  on  such  petition.  The  pro- 
ceedings of  the  county  commissioners  shall,  so  far  as  is 
practicable,  be  in  accordance  with  the  provisions  of  law 
regarding  the  discontinuance  of  a  way  by  the  county  com- 
missioners, and  the  decision  of  the  county  commissioners 
shall  be  final. 

Section  7.  Before  any  action  is  taken  upon  a  petition 
filed  under  the  provisions  of  either  of  the  two  preceding 
sections,  the  jjetitioners  shall  cause  a  sufficient  recognizance 
to  1)0  given  to  the  county,  with  sureties  to  the  satisfaction 
of  the  county  commissioners,  for  the  payment  of  all  costs 
and  expenses  to  the  county  which  shall  arise  by  reason  of 
the  proceedings  on  such  petition,  if  the  petitioners  do  not 
prevail. 

Section  8.  A  petitioner  under  the  provisions  of  sec- 
tions five  and  six  of  this  act  may  be  a  resident  of  a  towii 
adjoining  that  in  wdiich  a  landing  place  has  been  discon- 
tinued by  the  action  of  a  town,  or  in  which  the  selectmen 
have  failed  to  lay  out  suitable  landing  places,  or  in  which 
the  town  has  failed  to  accept  a  coimnon  landing  place  laid 
out  by  said  officials. 

Section  9.     This  act  sliall  take  effect  upon  its  ])assage. 

Approved  June  11,  WOS. 


Chcqj.^Ol  An  Act  to  provide  fok  an  investigation  and  report 

BY  THE  STATE  BOARD  OF  HEAETH  AS  TO  THE  FLOODING 
OF  EANDS  BORDERING  LAKE  Ql'ANXAPOWITT  AND  ITS  TRIB- 
UTARIES AND  AS  TO  THE  PROPER  HIGH  W'ATER  ELEVA- 
TION   OF    SAID   LAKE. 

Be  it  enaeted,  etc.,  as  follows: 

Flooding  of  Section  1.     The  state  l)oard  of  health  is  herebv  author- 

lands  border-       .        ,  ,      , .  •  i      i        /-\  •'        •  i 

ing  Lake  ix(h1  aud  directed  to  examine    l>akc  C^uannapowitt   m  the 

Quannapowitt  -_^    ^      r-    i  i  it  i       i      i  i' 

to  be  invest!-     toWH  01  Wakefield,  and  the  watershed  tliereoi,  to  ascertain 

gated,  etc. 


Acts,  1908.  — Chaps.  608,  609.  717 

if  lands  bordering  on  the  lake  or  its  tributaries  in  the  towns 
of  Wakefield  and  Eeading  arc  flooded,  or  if  the  condition 
of  such  lands  is  rendered  objectionable  or  injurious  to 
health  by  reason  of  any  excessive,  unnecessary  or  illegal 
raising  of  the  waters  of  the  lake,  or  by  any  pollution 
thereof  from  any  source.  The  board  is  also  authorized 
and  directed  to  determine  the  proper,  lawful  high  water 
mark  of  Lake  Quannapowitt,  and  to  report  the  results  of 
its  investigations,  with  such  recommendations  as  it  may 
deem  expedient,  to  the  next  general  court  on  or  before 
January  fifteenth. 

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

Approved  June  11,  1908. 

Ax  Act  making  an  appropriation   for  military  ex-  Chap.GOS 

PENSES    IN    connection    WITH    THE    CHELSEA    FIRE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     A  sum  not  exceeding  twenty-five  thousand  '^^^fj'/^^' 
dollars  is  hereby  appropriated,  to  be  paid  out  of  the  treas-  ™nsesfjfc'n. 
urv  of  the  commonwealth  from  the  ordinary  revenue,  to  "^^*)?^"  ,^''^ 
meet  military  expenses  incurred  in  connection  with  the  late  fire, 
fire  at  Chelsea.     Bills  therefor  shall  be  approved  by  the 
adjutant  general  and  filed  with  the  auditor  of  the  common- 
wealth for  payment. 

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

Approved  June  11,  1908. 

An  Act  to  authorize  the  county  commissioners  of  (Jj^^i^  (3Q9 

the     county    of    WORCESTER    TO    ACQUIRE    ADDITIONAL 
LAND   FOR    COUNTY   PURPOSES. 

Be  it  enacted,  etc.,  as  folloirs: 

Section  1.     The  countv  commissioners  of  the  countv  of  C9"'}*>'  f""™: 

'    _         missioners  oi 

Worcester  are  herein-   authorized  to  purchase,  at  a  iirice  Worcester 

*  countv  ninv 

not  exceedino;  fortv  thousand  dollars,  and  to  hold  for  said  aoquire  addi- 

,,','-....  .  tional  land 

county,  the  land  and  the  buildings  thereon,  situated  north-  for  county 
erly  of  the  present  court  house  in  the  city  of  Worcester, 
and  between  said  court  house  and  Highland  street,  and 
owned  by  the  American  Antiquarian  Society,  containing 
about  ten  thousand  six  hundred  and  thirty-five  square  feet 
of  land. 


718 


Acts,  1908.  — Chap.  (310. 


May  borrow 
money  on  the 
credit  of 
county. 


Section  2.  In  order  to  meet  the  expense  incurred 
inider  this  act  the  county  commissioners  may  borrow  on 
the  credit  of  said  county  a  sum  not  exceeding  forty  thou- 
sand doHars,  and  may  issue  the  bonds,  notes  or  scrip  of 
the  county  therefor,  bearing  interest  at  a  rate  not  exceed- 
ing four  per  cent  per  annum.  The  indebtedness  so  incurred 
shall  be  paid  out  of  the  amount  received  from  taxes,  as 
follows :  —  Ten  thousand  dollars  in  one  year  after  the 
time  when  such  indebtedness  is  incurred,  and  ten  thou- 
sand dollars  each  year  thereafter  until  the  whole  amount 
is  paid.  Approved  June  11,  1908. 


Time  within 
which  the  city 
of  Lynn  shall 
enlarge  and 
improve  its 
water  supply 
extended. 


Chap.QlO  ^^  ^CT  TO  EXTEND  THE  TIME  WITHIN  WHICH  THE  CITY 
OF  LYNN  SHALL  ENLAEGE  AND  IMPROVE  ITS  WATER 
SUPPLY. 

Be  it  enacted,  etc.,  as  folloirs: 

Section  1.  The  time  within  which  the  construction  of 
the  works  for  the  enlargement  and  improvement  of  the 
water  supply  of  the  city  of  Lynn,  required  by  the  provi- 
sions of  chapter  four  hundred  and  seventy-nine  of  the  acts 
of  the  year  nineteen  hundred  and  seven,  shall  be  begun  by 
said  city  is  hereby  extended  to  the  first  day  of  January  in 
the  year  nineteen  hundred  and  nine,  and  the  time  within 
which  said  works  shall  be  completed  is  hereby  extended  to 
the  first  day  of  January  in  the  year  nineteen  hundred  and 
eleven. 

Section  2.  The  time  for  submission  of  plans  for  said 
proposed  improvements  to  the  state  board  of  health  by  the 
public  water  board  of  the  city  of  Lynn,  as  provided  in 
section  six  of  said  chapter  four  hundred  and  seventy-nine, 
is  hereby  extended  to  the  fifteenth  day  of  October  in  the 
year  nineteen  hundred  and  eight.  Said  j)lans  before  such 
submission  to  the  state  board  of  health  shall  be  submitted 
to  the  city  council  of  Lynn  for  examination  at  a  date  not 
later  than  the  fifteenth  day  of  August  in  the  year  nine- 
teen hundred  and  eight.  If  after  the  submission  of  said 
plans  to  the  state  board  of  hcallh  as  aforesaid,  l)ut  not 
later  than  the  twentieth  day  of  October  in  the  year  nine- 
teen hundred  and  eight,  the  city  council  of  Lynn  shall 
request  a  hearing  on  the  matter  of  the  acceptance  of  said 
plans,  the  state  board  of  health  shall,  before  finally  pass- 


Time  for  sub- 
mission of 
plans  ex- 
tended, etc. 


Acts,  1908.  — Chap.  611.  719 

ing  upon  them,  grant  a  hearing  thereon  to  the  said  city 
council  at  such  time  and  phice  as  the  board  shall  fix.  The 
state  board  of  health  shall  act  on  said  plans  not  later  than 
the  fifteenth  day  of  November  in  the  year  nineteen  hun- 
dred and  eight.  Any  plans  heretofore  submitted  to  the  Disposition  of 
state  board  of  health  by  the  public  water  board  of  the  fore  submitted, 
city  of  Lynn,  and  approved  by  the  state  board  of  health 
under  the  provisions  of  said  chapter  four  hundred  and 
seventy-nine,  are  hereby  recommitted  to  the  said  public 
water  board  of  the  city  of  Lynn,  but,  except  as  said  chap- 
ter four  hundred  and  seventy-nine  is  specifically  modified 
hereby,  the  city  of  Lynn  shall  proceed  in  accordance  with 
its  provisions. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  11,  1908. 

An  Act  to  a.mend  the  charter  of  the  city  of  glouces-  /^7,^^  g1 1 

TER. 

Be  it  enacted,  etc.,  as  follors: 

Section    1.      The   annual   city  election   of   the   city   of  City  elections 
Gloucester   shall  be  held  on  the   Tuesday  next  following 
the  first  Monday  of  December.     Every  special  city  elec- 
tion shall  be  held  on  a  Tuesday. 

Section    2.      The   municipal   year   shall   begin    at   ten  Municipal 
o'clock  in  the  forenoon  on  the  first  Monday  of  January,  ^^^^' 
and  shall  continue  until  ten  o'clock  in  the  forenoon  on  the 
first  Monday  of  January  next  following. 

Section  3.      In  the  year  nineteen  hundred  and  eight  Municipal 
and  annuallv  thereafter  there  shall  be  elected  at  the  annual  school  com- 

*^  ,  •  •  mittcG    g1gc~ 

city  election  of  said  city,  a  municipal  council  which  shall  tion,  term, 
consist  of  a  mayor  and  four  aldermen.  There  shall  also 
be  elected  at  said  annual  city  election  in  the  year  nine- 
teen hundred  and  eight,  three  members  of  the  school  com- 
mittee to  serve  for  a  term  of  three  years,  three  members 
to  serve  for  a  term  of  two  years  and  three  members  to 
serve  for  a  term  of  one  year,  and  at  each  annual  city  elec- 
tion thereafter  there  shall  be  elected  three  members  of  the 
school  committee  for  the  term  of  three  years,  so  that  the 
school  committee  shall  consist  of  nine  members.  Except 
as  aforesaid  and  as  otherwise  provided  in  this  act,  no  city 
ofiicers  shall  be  elected  at  any  city  election.     The  above 


720 


Acts,  1908. 


Chap.  Oil. 


Persons  re- 
ceiving the 
highest 
number  of 
votes  to  be 
deemed 
elected,  etc. 


Certain  pro- 
visions of  law 
to  apply. 


Certain  offices 
to  be  abol- 
ished, etc. 


Municipal 
council, 
powers  and 
duties. 


Organization. 


nicntionod  officers  shall  be  elected  bv  and  from  the  quali- 
fied voters  of  the  city  and  may  be  residents  of  any  part 
thereof. 

Section  4.  At  city  elections,  the  person  receiving  the. 
highest  number  of  votes  for  an  office  shall  be  deemed  and 
declared  elected  to  such  office ;  and  if  two  or  more  persons 
are  to  be  elected  to  the  same  office,  the  several  persons,  to 
the  number  to  be  chosen  to  such  office,  receiving  the  highest 
number  of  votes,  shall  be  deemed  and  declared  to  be 
elected ;  but  persons  receiving  the  same  number  of  votes 
shall  not  be  deemed  to  be  elected  if  thereby  a  greater 
number  would  be  elected  than  are  by  law  to  be  chosen. 

Section  5.  Except  as  otherwise  provided  in  this  act, 
the  laws  of  the  commonwealth  governing  annual  city  elec- 
tions, special  elections  of  city  officers  and  s^x^cial  elections 
in  cities  shall,  so  far  as  they  may  be  applicable,  govern 
such  elections  in  said  city. 

Section  6.  At  ten  o'clock  in  the  forenoon  on  the  first 
Monday  of  January  in  the  year  nineteen  hundred  and 
nine,  the  city  council,  board  of  mayor  and  aldermen,  board 
of  aldermen  and  common  council  of  said  city  shall  be 
abolished ;  the  terms  of  office  which  the  present  mayor, 
aldermen,  common  councilmen,  members  of  the  school 
committee  and  assistant  assessors  are  now  serving  shall 
terminate ;  and,  except  as  otherwise  provided  in  this  act, 
all  the  present  powers  and  duties  of  all  or  any,  the  mayor, 
mayor  and  aldermen,  aldermen,  board  of  aldermen,  city 
council,  common  council,  and  common  councilmen  of  said 
city,  under  any  general  or  special  acts,  shall  devolve  upon 
and  shall  thereafter  be  exercised  and  ]ierformed  by  a 
board,  styled  the  municipal  council,  which  shall  consist 
of  the  mayor  and  four  aldermen  elected  under  the  provi- 
sions of  this  act.  The  nuinicipal  council  shall  be  the  judge 
of  the  election  of  its  own  members. 

Section  7.  The  mayor  and  the  alderuuMi  elected  as 
aforesaid  shall  meet  at  ten  o'clock  in  the  forciiDon  on  the 
first  ]\ronday  of  January  of  each  year  and  shall  severally 
take  oath  before  the  city  clerk  or  a  justice  of  the  peace  to 
perform  faitlifully  the  duties  of  their  respective  offices. 
The  municipal  council  shall  thereupon  be  organized  by 
the  choice  of  a  ])resident  who  shall  be  called  the  president 
of  the  municipal  council  and  shall  hold  his  office  during 


Acts,  1908.  — Chap.  611.  721 

its  pleasure.  The  president  of  the  municipal  council  shall 
be  some  member  thereof  other  than  the  mayor.  The  or- 
ganization of  the  municipal  council  shall  take  place  as 
aforesaid  notwithstanding  the  absence,  death,  refusal  to 
serve,  or  non-election  of  the  mayor  or  of  one  or  more  of 
the  four  aldermen,  provided  that  at  least  three  of  the  per- 
sons entitled  to  be  members  of  the  municipal  council  are 
present  and  take  the  oath  as  aforesaid.  Any  person  en- 
titled to  take  the  aforesaid  oath  who  was  not  present  at 
the  time  above  fixed  therefor  may  take  the  same  at  any 
time  thereafter. 

Section  S.  A  majority  of  the  members  of  the  munic-  Quorum, 
ipal  council  shall  constitute  a  quorum.  Its  meetings  shall 
be  public,  and  the  mayor,  if  present,  shall  preside  and 
shall  have  the  right  to  vote.  In  the  absence  of  the  mayor, 
the  president  of  the  municipal  council  shall  preside,  and 
in  the  absence  of  both,  a  chairman  pro  tempore  shall  be 
chosen.  The  city  clerk  shall  be,  ex  officio,  clerk  of  the 
municipal  council  and  shall  keep  the  records  of  its  pro- 
ceedings. All  votes  of  the  members  of  the  municipal  coun- 
cil shall  be  by  yeas  and  nays,  if  any  member  so  requests, 
and  shall  be  entered  upon  the  records.  The  affirmative 
votes  of  at  least  three  members  shall  be  necessary  for  the 
passage  of  any  order,  ordinance,  resolution  or  vote. 

Section  9.     The  municii^al  council  shall  not  make  or  Appropna- 

•,  ,       .  ,  .     ,  .  .       tions,  con- 

pass  any  order,  resolution  or  vote  appropriating  money,  m  tracts,  etc. 

excess  of  five  hundred  dollars,  or  making  or  authorizing 
the  making  of  any  contract  involving  a  liability  on  the 
part  of  the  city  in  excess  of  five  hundred  dollars,  unless 
the  same  is  proposed  in  writing  and  remains  on  file  in  the 
office  of  the  city  clerk  at  least  one  week  before  its  passage, 
except  an  order,  resolution  or  vote  for  the  immediate  pres- 
ervation of  the  public  peace,  health  or  safety,  which  con- 
tains a  statement  of  its  urgency  and  is  made  or  passed  by 
a  four  fifths  vote. 

Section  10.  The  municipal  council  shall  annually,  in  Assistant 
the  month  of  January,  at  a  time  after  ten  o'clock  in  the  efecUonfetc. 
forenoon  of  the  first  Monday  of  that  month,  elect  one 
assistant  assessor  from  the  qualified  voters  of  each  ward 
of  the  city.  The  assessors  shall  be  sworn  to  the  faithful 
performance  of  their  duties,  shall  have  all  the  powers  and 
perform  all  the  duties  which  the  assistant  assessors  of  said 


722 


Acts,  1908.  — CiiAr.  (311. 


Statement  of 
receipts  and 
expenses  to 
be  printed 
monthly,  etc. 


Annual  ex- 
amination of 
accoimts  to  be 
made,  etc. 


Meetings  of 

municipal 

council. 


Powers,  etc. 


Mayor  to 
have  no 
power  of 
veto,  etc. 


Certain 
ordinances, 
etc.,  to  take 
effect  at  the 


city  HOW  liavc  and  perfunii,  and  .'^hall  liold  their  respoctivp 
offices  for  the  remainder  of  the  municipal  year  in  which 
they  are  elected.  The  mnnicii)al  council  shall  fix  the  com- 
pensation of  the  assistant  assessors,  and  may  remove  them 
at  any  time  for  sufficient  cause. 

Section  11.  The  municipal  council  shall  each  month 
print  in  pamphlet  form  a  detailed,  itemized  statement  of 
all  receipts  and  expenses  of  the  city  during  the  preceding 
month,  and  shall  furnish  copies  thereof  to  the  public 
library,  to  the  daily  newspapers  published  in  said  city, 
and  to  persons  who  shall  apply  therefor  at  the  office  of 
the  city  clerk.  At  the  end  of  each  nmnicipal  year  it  shall 
cause  a  full  and  complete  examination  of  all  books  and 
accounts  of  the  city  to  be  made  by  competent  accountants, 
and  shall  publish  the  result  of  such  examination  in  the 
manner  above  provided  for  publication  of  statements  of 
monthly  receipts  and  expenditures. 

Section  12.  The  municipal  council  shall  fix  suitable 
times  for  its  regular  meetings.  The  mayor,  the  president 
of  the  municipal  council,  or  any  two  members  thereof,  may 
at  any  time  call  a  s])ecial  meeting  by  causing  a  written 
notice,  stating  the  time  of  holding  such  meeting,  and 
signed  by  the  person  or  persons  calling  the  same,  to  bo 
delivered  in  hand  to  each  member,  or  left  at  his  usual 
dwelling  place  at  least  twenty-four  hours  before  the  time 
of  such  meeting.  Meetings  of  the  municipal  council  may 
also  be  held  at  any  time  when  all  the  members  are  present 
and  consent  thereto. 

Section  13.  Except  as  otherwise  provided  in  this  act 
the  municipal  council  shall  have  power,  without  the  ap- 
proval of  the  mayor,  to  do  all  things  which  tlie  city  coun- 
cil, board  of  aldermen  and  common  council,  or  any  of 
them,  can  now  do  with  such  ajiproval.  Any  notes,  bonds 
or  scrip  which  said  city  is  authorized  to  issue  shall  be 
signed  by  its  treasurer  and  countersigned  by  a  majority 
of  its  municipal  council. 

Section  14.  The  mayor  shall  have  no  power  of  veto, 
and  no  order,  ordinance,  resolution  or  vote  which  the  mu- 
nicipal council  shall  make  or  pass  shall  be  presented  to 
him  for  or  shall  re(]nire  his  a])])roval  in  order  to  be 
etfective. 

Section  15.  When  the  municipal  council  shall  make 
or  pass  an  ordinance,  or  an  amendment  or  repeal  of  an 


Acts,  1908.  — Chap.  611.  723 

ordinance,  such  ordinance,  amendment  or  repeal  shall,  ex-  expiration  of 
cept  as  otherwise  provided  in  this  act,  take  eliect  at  the    ^'^  ^^^'  ^  '^' 
expiration  of  ten  days  after  its  making  or  passage:  pro-  Proviso. 
vided,  however,  that,  if  there  is  a  time  therein  specified 
when  it  shall  take  effect  and  such  time  is  more  than  ten 
days  after  its  making  or  passage,  such  ordinance,  amend- 
ment or  repeal  shall,  except  as  otherwise  provided  in  this 
act,  take  effect  at  the  time  so  specified  therein. 

Section  1G.     When  the  voters  make  or  pass  an  ordi-  when  certain 

.  i  ordinances 

nance  as  provided   in  this  act,   such  ordinance  shall  take  ^^^jj^*'*'^'' 
effect  and  be  in  force  at  the  time  therein  specified  without 
presentation  to  or  approval  by  the  mayor. 

Section    17.      No    ordinance   made    or    passed   by   the  Ordinances  not 
municipal  council  or  by  the  voters,   as  provided  in  this  approval?  etc. 
act,   shall   require   the   approval   of   any   court   or   of   the 
attorney-general,   or  shall  be  required  to  be  published  in 
order  to  become  effective. 

Section  18.     Such  powders  of  nomination,  appointment.  Certain  powers 
confirmation  and  election  for  and  t<j  ofiice  or  position,  of  ercised'by 
approval   and  consent   to  nominations   and   appointments,  "ouncTL^ 
of  removal  or   suspension  from  office  and  consent  to  re- 
moval or  suspension  from  ofiice  as  are  now  vested  in  all 
or   any,    the   mayor,    mayor   and    aldermen,    city    council, 
board  of  aldermen  and  common  council,  shall  be  exercised 
by  the  municipal  council  by  vote,  and  the  mayor  shall  no 
longer  have  power  to  make  nominations  or  appointments 
for  or  to  ofiice,  or  removals  or  suspensions  therefrom,  but 
shall  have  the  same   right   to  vote  thereon   as   any  other 
member  of  the  municipal  council. 

Section  19.     For  the  municipal  year  nineteen  hundred  Salaries  of 

,.  -,  •^  ^  •  111  1  ••!    rnavor  and 

and  nine  and  until  otherwise  ordered  by  the  municipal  aldermen, 
council,  the  annual  salary  of  the  mayor  shall  be  twelve 
hundred  dollars  and  the  salary  of  each  alderman  shall  be 
one  thousand  dollars.  These  salaries  may  be  changed  by 
any  municipa]  council,  to  take  effect  in  the  next  municipal 
year  thereafter,  but  the  amounts  shall  not  exceed  eighteen 
hundred  dollars  for  the  salary  of  the  mayor  nor  fifteen 
hundred  dollars  for  the  salary  of  each  alderman. 

Section  20.    No  member  of  the  municipal  council  shall.  Members  of 

,.  -.  p  i-ii  1  ii-'ii  -1  municipal 

(luring  the  term  lor  which  he  was  chosen,  be  eligible,  either  council  not  to 
by  appointment  or  by  election  of  the  municipal  council,  to  other  office, 
any  other  office  the  salary  of  which  is  payable  by  the  city,  ■ 
or  shall,  during  such  term,  hold  any  such  other  office. 


724 


Acts,  1908.  — Chap.  Gil. 


School  com- 
mittee, how 
constituted, 
etc. 


Sites  for  school 
buildings  and 
plans  for  con- 
struction of, 
etc.,  to  be 
approved  by 
school  com- 
mittee. 


By  whom 
duties  may  be 
performed  in 
case  of  death 
or  disabihty  of 
mayor. 


Vacancy  in 

municipal 

council. 


Oath. 


Section  21.  The  school  committee  of  the  city  shall 
consist  of  the  mayor,  ex  officio,  and  the  nine  members  of 
the  school  committee  elected  in  accordance  with  the  provi- 
sions of  this  act.  Every  vote  of  the  school  committee  shall 
he  taken  by  yeas  and  nays,  if  any  member  so  requests,  and 
its  votes  shall  be  entered  on  its  records.  Six  of  its  mem- 
bers shall  constitute  a  quorum.  The  mayor,  when  present, 
shall  preside. 

Section  22.  ISTo  site  for  a  school  building  shall  be  ac- 
quired by  said  city  unless  the  approval  of  such  site  by 
the  school  committee  is  first  obtained.  K^o  plans  for  the 
construction  of,  or  alterations  in,  a  school  building  shall 
be  accepted,  and  no  work  shall  be  begun  in  the  construction 
or  alteration  of  a  school  building  unless  the  approval  of 
the  school  committee  therefor  is  first  obtained.  Nothing 
herein  contained  shall  require  such  approval  for  the  mak- 
ing of  ordinary  repairs. 

Section  28.  Upon  the  death,  resignation  or  absence  of 
the  mayor,  or  upon  his  inability  to  perform  the  duties  of 
his  office,  the  president  of  the  municipal  council  shall  per- 
form them,  and  if  lie  also  is  absent,  or  unable  from  any 
cause  to  perform  the  said  duties,  they  shall  be  performed 
by  such  member  of  the  municipal  council  as  it  may  from 
time  to  time  elect,  until  the  mayor  or  president  of  the 
municipal  council  is  able  to  perform  the  said  duties,  or 
until  the  vacancy  is  filled  as  hereinafter  provided.  The 
person  upon  whom  such  duties  devolve  shall  be  called 
"  Acting  Mayor ",  and,  except  as  otherwise  provided  in 
this  act,  shall  possess  the  powers  of  mayor,  but  only  in 
matters  not  admitting  of  delay. 

Section  24.  If  there  is  a  vacancy,  by  failure  to  elect 
or  otherwise,  in  the  municipal  council,  whether  as  to  the 
mayor  or  one  or  more  aldermen,  the  council  shall,  by  its 
remaining  members  call  a  special  city  election  to  fill  the 
vacancy  or  vacancies  for  the  unexpired  term  or  terms,  re- 
spectively, except  that  if  such  vacancy  or  vacancies  occur 
less  than  six  months  prior  to  the  annual  city  election,  the 
mnnicipal  council  shall,  by  its  remaining  members,  fill  such 
vacancy  or  vacancies  for  the  un('X])ir(Ml  term  or  terms  re- 
spectively. A  person  elected  to  fill  any  such  vacancy  shall, 
before  entering  upon  the  duties  of  liis  office,  take  oath  be- 


Acts,  1908.  — Chap.  611.  725 

fore  the  city  clerk  or  a  justice  of  the  peace  faithfully  to 
perform  the  same. 

Section  25.     If  there  is  a  vacancy  in  the  school  com-  Vacancy  in 
-      „  . .  ,  ,         .       , .  .  .     ,  school  com- 

mittee by  failure  to  elect  or  otherwise,  the  municipal  coun-  mittee. 

cil  and  the   remaining  members  of  the  school  committee 

shall  meet  in  joint  convention  and  elect  a  suitable  person 

to  fill  the  vacancy  for  the  unexpired  term.     The  mayor,  if 

present,  shall  preside  at  such  convention. 

Section  26.     The  mayor  shall  be,  ex  officio,  chairman  Mayor  to  be 

1  1  c   ;  1        1        "^    T        i»  J?   J.1  chairman,  etc., 

and  a  member  of  the  board  of  overseers  of  the  poor.  of  board  of 

Section  27.     If  a  petition,  signed  by  a  number  of  the  uTIpoon'' 

voters  of  said  city  qualified  to  vote  at  city  elections,  equal  Passing  of 

•J      i  'J  '        i  ordinances 

to  at  least  twentv-five  per  cent  of  the  aggregate  number  requested  by 

'  1  _  ^o      o  petition. 

of  votes  cast  for  candidates  for  mayor  at  the  last  preced- 
ing annual  city  election  at  which  a  mayor  was  elected, 
and  requesting  the  municipal  council  to  pass  an  ordinance 
therein  set  forth  or  designated,  shall  be  filed  in  the  office 
of  the  city  clerk,  the  municipal  council  shall,  provided 
that  the  ordinance  be  one  which  the  municipal  council 
shall,  after  this  act  takes  effect,  have  a  legal  right  to 
pass:  —  (a)  pass  said  ordinance  without  alteration,  within 
twenty  days  after  the  attachment  of  the  city  clerk's  certifi- 
cate of  sufficiency  to  such  petition;  or  (b)  forthwith,  after 
the  expiration  of  twenty  days  after  the  attachment  of  the 
said  certificate  of  sufficiency  to  the  petition,  call  a  special 
election,  unless  an  annual  city  election  is  fixed  within 
ninety  days  after  the  attachment  of  certificate  of  suffi- 
ciency, and  at  such  special  election,  or  annual  city  election, 
if  one  is  so  fixed,  submit  such  ordinance  without  alteration 
to  the  voters  of  the  city  qualified  as  aforesaid. 

The  votes  upon  such  ordinance  at  an  annual  city  elec-  votes  upon 
tion  or  a  special  election  shall  be  taken  by  ballot  in  answer  nances  t°o^  '' 
to  the  question,  "  Shall  the  ordinance   (stating  the  nature  be^^y  ballot, 
of  the  same)  be  passed  ?  "  which  shall  be  printed  on  the 
ballots  after  the  list  of  candidates,  if  there  be  any.     If  a 
majority  of  the  qualified  voters   voting  on  the   proposed 
ordinance  shall  vote  in  favor  thereof,   it  shall  thereupon 
become  a  valid  and  binding  ordinance  of  the  city;  and  no 
such  ordinance  passed  as  aforesaid  by  the  municipal  coun- 
cil, upon  petition  as  aforesaid,  or  which  shall  be  adopted 
as   aforesaid  at  any  such  annual  city  election  or  special 


726 


Acts,  1908.  — Chap.  611. 


Proposition 
for  the  repeal 
of  an  ordi- 
nance, etc., 
may  be  sub- 
mitted to 
voters. 


Ordinance  or 
proposition  to 
be  published. 


Signatures  to 
a  petition  need 
not  all  be 
appended  to 
one  paper,  etc. 


election,  shall  be  repealed  or  amended  except  by  the  quali- 
fied voters  of  the  city  at  an  annual  city  election.  Any 
number  of  ordinances  requested  by  petition  as  aforesaid 
may  be  voted  upon  at  the  same  election,  in  accordance 
with  the  provisions  of  this  section,  but  there  shall  not  be 
more  than  one  special  election  in  any  period  of  six  months 
for  that  jnirpose. 

The  municipal  council  may  submit  a  pro])osition  for  the 
repeal  of  any  such  ordinance,  or  for  amendments  thereof, 
to  be  voted  upon  at  any  succeeding  annual  city  election ; 
and  should  such  proposition  so  submitted  receive  a  ma- 
jority of  the  votes  cast  thereon  at  such  election,  the  ordi- 
nance shall  thereby  be  repealed  or  amended  accordingly. 
The  votes  upon  such  repeal  or  amendment  at  an  annual 
city  election  shall  be  taken  by  ballot  in  answer  to  the 
question,  "  Shall  the  ordinance  (stating  the  nature  of 
the  same)  be  repealed,  or  amended  (stating  the  nature  of 
the  amendment)  ?  "  which  shall  be  printed  on  the  ballots 
after  the  list  of  candidates.  Whenever  any  such  ordinance 
or  proposition  is  required  by  this  act  to  be  submitted  at  any 
election  as  aforesaid,  the  city  clerk  shall  cause  the  same 
to  be  published  once  in  each  of  the  daily  newspapers  pub- 
lished in  said  city;  such  publication  to  be  not  more  than 
twenty  nor  less  than  five  days  before  the  submission  of 
the  ordinance  or  proposition  to  be  voted  on. 

The  signatures  to  a  petition  under  the  provisions  of  this 
section  need  not  all  be  appended  to  one  paper,  but  each 
signer  shall  add  to  his  signature  his  place  of  residence, 
giving  the  street  and  number,  if  there  be  any.  One  of  the 
signers  of  each  paper  shall  make  oath  before  an  officer 
competent  to  administer  oaths,  that  the  statements  therein 
made  are  true  as  he  believes,  and  that  each  signature  to 
the  paper  appended  is  the  genuine  signature  of  the  person 
whoso  name  it  purports  to  be.  In  each  of  such  papers  the 
ordinance,  the  passage  of  which  is  requested,  shall  be  set 
forth  or  designated,  and  all  such  ]ia])ers  tiled  in  any  one  day 
in  the  office  of  the  city  clerk  shall  be  deemed  to  be  parts  of 
the  same  petition.  Within  ten  days  after  the  date  of  filing 
such  petition  the  city  clerk  shall,  with  the  assistance  of 
the  registrars  of  voters,  examine  the  voting  list  and  ascer- 
tain whether  or  not  said  petition  is  signed  by  the  requisite 
number  of  qualified  voters,  and  he  shall  attach  to  said 


Acts,  1908.  — Chap.  611.  727 

petition  his  certificate  showing  the  result  of  said  examina- 
tion. If  by  the  clerk's  certificate,  the  petition  is  shown  to 
be  insufficient,  it  may  within  ten  days  days  after  the  date 
of  said  certificate,  be  amended  by  the  ^petitioners.  The 
clerk  shall,  within  ten  days  after  such  amendment,  make 
a  like  examination  of  the  amended  petition,  and  if  his 
certificate  shall  again  show  the  amended  petition  to  be  in- 
sufficient, it  shall  be  returned  to  the  person  filing  the 
same ;  without  prejudice,  however,  to  the  filing  of  a  new 
petition  to  the  same  effect.  An}'  ordinance,  passed  under  ordinance  may 
the  provisions  of  this  section  by  the  municipal  council  penaUy.*^ 
upon  petition,  or  by  the  voters,  may  prescribe  such  penalty 
for  its  violation  as  the  munici])al  council,  after  this  act 
takes  effect,  shall  have  a  right  to  affix  to  a  like  ordinance 
for  a  breach  thereof. 

SECTioisr   28.      If,   during  the  ten   days  next  following  Protest  against 
the  passage  of  an  ordinance  by  the  municipal  council,  a  an^ordinance" 
petition,  signed  by  a  number  of  the  voters  of  said  city,  I'p^ai'cmmciT'^ 
qualified  to  vote  at  city  elections,  equal  to  at  least  twenty-  b'y  pe^fti'Snf* 
five  per  cent  of  the  aggregate  number  of  votes  cast  for  ^*'^- 
candidates  for  mayor   at  the   last   preceding  annual   city 
election   at  which   a   mayor  was   elected,    and    protesting 
against  the  passage  of  such  ordinance,  shall  be  filed  in  the 
office  of  the  city  clerk,  such  ordinance  shall  be  suspended 
from  going  into  operation,  and  it  shall  be  the  duty  of  the 
municipal  council  to  reconsider  the  same,  and  if  it  is  not 
entirely  repealed,  the  municipal  council  shall  submit  it  to 
the  qualified  voters  of  the  city,    and  the  said   ordinance 
shall  not  go  into  effect  or  become  operative  unless  a  ma- 
jority of  the  voters,  qualified  as  aforesaid,  voting  on  the 
same  shall  vote  in  favor  thereof.     The  votes  u]X)n  such 
ordinance  at  an  annual  city  election  or  at  a  special  elec- 
tion shall  be  taken  by  ballot  in  answer  to  the  question, 
"  Shall  the  ordinance    (stating  the   nature   of  the   same) 
take  effect  ?  "  which  shall  be  printed  on  the  ballots  after 
the  list  of  candidates,  if  there  be  any. 

Petitions  under  the  provisions  of  this  section  may  con-  Petitions  may 
sist  of  one  or  more   distinct   papers.      In   each   of   such  o?"more°dis°^ 
papers  the  ordinance,  the  passage  of  which  is  protested,  ^'^^'^^  papers, 
shall  be  set  forth  or  designated,  and  all  such  papers  filed 
in  any  one  day  shall  be  deemed  to  be  parts  of  the  same 
petition.     Such  petitions  shall  be  signed,  sworn  to  as  to 


?28 


Acts,  1908.  — Chap.  611. 


Exclusive 
franchises  to 
be  avipioved 
by  vote  of 
qualified 
voters. 


Repeal. 
Provisos. 


Question  of 
acceptance  to 
be  submitted 
to  qualified 
voters. 


signatures,  examined,  re-examined,  presented  to  the  mu- 
nicipal council,  shall  have  the  city  clerk's  certificate  of 
sufficiency  or  insufficiency  attached  thereto,  and  may  be 
supplemented  in  the  same  manner  as  petitions  filed  under 
section  twenty-seven. 

Section  29.  No  vote  of  the  municipal  council  grant- 
ing an  exclusive  franchise  of  any  description  to  any  per- 
son or  corporation  shall  be  valid  unless  the  same  shall  be 
approved  by  a  vote  of  the  qualified  voters  of  the  city, 
voting  at  large  in  their  respective  precincts  at  the  annual 
municipal  election.  This  section  shall  apply  only  to  such 
exclusive  franchises,  if  any,  as  under  any  general  or  special 
laws  any  municipal  board  or  officers  of  said  city  may  at 
present  be  authorized  to  grant  or  bestow,  and  shall  not  be 
construed  or  taken  as  authorizing  the  ffrant  of  anv  exclu- 
sive  franchises  unless  now  or  hereafter  authorized  by  law. 

Section  30.  All  acts  and  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed:  provided,  however,  that  such 
repeal  shall  not  afi'eet  any  act  done,  or  any  right  accruing 
or  accrued  or  established,  or  any  suit  or  proceeding  had 
or  begun  in  any  civil  case  before  the  time  when  such  repeal 
takes  effect,  and  that  no  offences  committed  and  no  penalty 
or  forfeitures  incurred  under  the  acts  or  j^arts  of  acts 
hereby  repealed  shall  be  affected  by  such  repeal ;  and  pro- 
vided, also,  that  all  persons  who  at  the  time  said  repeal 
takes  effect  shall  hold  any  office  under  said  acts  shall  con- 
tinue to  hold  the  same  according  to  the  tenure  thereof, 
except  as  is  otherwise  provided  herein,  and  provided,  also, 
that  all  by-laws  and  ordinances  of  the  city  of  Gloucester 
in  force  at  the  time  when  said  repeal  takes  effect,  and  not 
inconsistent  with  the  ])rovisions  of  this  act,  shall  continue 
in  force  until  the  same  are  repealed  or  amended,  and  all 
officers  elected  or  appointed  under  such  by-laws  and  ordi- 
nances shall  continue  in  office  according  to  the  tenure 
thereof,  except  as  is  otherwise  provided  herein. 

Section  31.  The  question  of  the  acceptance  of  this  act 
shall  be  submitted  to  the  qualified  voters  of  the  city  of 
Gloucester  at  the  annual  state  election  in  the  present  year. 
The  vote  shall  be  taken  by  bnllnt  in  accordance  with  the 
provisions  of  chapter  five  hundrfnl  and  sixty  of  the  acts  of 
the  year  nineteen  hundred  and  seven,  and  of  acts  in  amend- 
ment thereof  and  in  addition  thereto,  so  far  as  the  same 


Acts,  1908.  — Chaps.  612,  613.  729 

shall  be  applicable,  in  answer  to  the  question,  "  Shall  an 
act  passed  by  the  general  court  in  the  year  nineteen  hun- 
dred and  eight,  entitled  '  An  Act  to  amend  the  charter  of 
the  City  of  Gloucester/  be  accepted  ?  "  and  the  affirmative 
votes  of  a  majority  voting  thereon  shall  be  required  for  its 
acceptance.  So  much  of  this  act  as  authorizes  its  submis-  when  to  take 
sion  to  the  legal  voters  of  the  city  shall  take  effect  upon  its  ®'^^''*" 
passage,  but  it  shall  not  take  further  effect  unless  accepted 
as  herein  prescribed.  If  so  accepted,  so  much  thereof  as 
relates  to  elections  hereunder  shall  apply  to  the  annual 
municipal  election.  Approved  June  11,  1908. 

An  Act  to  authorize  the  appointment  of  a  second  (JJi^^j  Q^l 

ASSISTANT     register     OF     DEEDS     FOR     THE     COUNTY     OF 
SUFFOLK. 

Be  it  enacted,  etc.,  as  folio irs: 

Section  1.     The  register  of  deeds  for  the  county  of  Second 

.~  i-iini  1      1    •  •  1    ^issistant 

Suffolk  may,  by  a  writing  which  shall  be  recorded  m  said  register  of 

QG8cls    countv 

registry,  designate  one  of  the  persons  employed  therein  as  of  Suffolk. 
second  assistant  register,  which  designation  may  be  re- 
voked at  the  pleasure  of  the  register,  by  a  writing  to  be 
recorded  in  said  registry.  Any  document  or  paper  certi- 
fied or  attested  by  such  second  assistant  register  shall  be 
admissible  in  evidence  as  if  certified  or  attested  by  the 
register. 

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

Approved  June  11,  190S. 

An  Act  to  provide  for  the  care  of  the  insane  of  /"^/i/yjj  (^IQ 

THE    city  of   boston    BY   THE    COMMONWEALTH.  ^  * 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  commonwealth,  after  the  first  day  of  insane  of  the 

"I-.  1  •         1  •  1  1        1  1      •     1  1      11     1         '''*^'  °f  Boston 

December  m  the  year  nineteen  hundred  and  eight,  shall,  by  to  be  cared  for 
the  officers  and  boards  authorized  thereto,  have  the  care,  monweaith, 
control  and  treatment  of  all  insane  persons  who  are  now 
cared  for  by  the  city  of  Boston,  or  by  any  board  of  officers 
thereof,  and  the  city  of  Boston  shall  not  hereafter  estab- 
lish any  asylum  or  other  institution  for  the  care  of  the 
insane,  or  after  said  date  maintain  any  such  institution, 
or  be  liable  for  the  board,  care,  treatment  or  act  of  any 
insane  person. 


'30 


Acts,  1908.  — Chap.  613. 


Boston  State 

Hospital 

established. 


Trustees, 
appointment, 
terras,  etc. 


Certain  lands 
and  buildings 
may  be  taken, 
etc. 


Description  of 
lands,  etc.,  to 
be  filed. 


Title  to  land, 
etc.,  to  vest 
in  the  com- 
monwealth, 
etc. 
Damages. 


Section  2.  The  institution  or  asylum  in  which  such 
insane  persons  are  cared  for  shall,  after  said  date,  be  called 
the  Boston  State  Hospital,  and  shall  be  subject  to  all  laws, 
so  far  as  they  apply,  governing  state  insane  hospitals.  The 
government  of  said  Boston  State  Hospital  when  established, 
shall  be  vested  in  a  board  of  seven  trustees  to  be  appointed 
by  the  governor,  with  the  advice  and  consent  of  the  coun- 
cil, of  whom  five  shall  be  men  and  two  shall  be  women. 
One  member  shall  annually  in  January  be  appointed  by 
the  governor,  with  the  advice  and  consent  of  the  council, 
for  a  term  of  seven  years  from  the  first  Wednesday  of  the 
February  following.  The  members  of  the  board  may  be 
removed  for  cause  by  the  governor,  with  the  advice  and 
consent  of  the  council.  The  members  of  the  board  first 
appointed  shall  hold  office  from  the  time  of  their  appoint- 
ment for  terms  expiring  one,  two,  three,  four,  five,  six 
and  seven  years,  respectively,  from  the  first  Wednesday 
of  February  in  the  year  nineteen  hundred  and  nine,  the 
length  of  their  terms  to  be  designated  at  the  time  of  ap- 
pointment. 

Section  3.  The  state  board  of  insanity  is  hereby  au- 
thorized, with  the  approval  of  the  governor  and,  council, 
in  the  name  and  behalf  of  the  commonwealth,  to  take,  or 
acquire  by  purchase  or  otherwise,  the  lands  and  buildings 
now  constituting  the  Boston  insane  hospital  in  the  city  of 
Boston,  together  with  any  lands  or  buildings  adjacent 
thereto,  which,  in  their  opinion,  may  be  necessary  to  ac- 
complish the  purposes  of  this  act.  In  the  event  of  the 
taking  of  said  lands  and  buildings  by  said  board,  the 
board  shall  file  in  the  registry  of  deeds  for  the  county  of 
Suffolk,  a  description  of  the  lands  and  buildings  so  taken, 
with  a  statement  signed  by  said  board,  or  by  a  majority 
thereof,  that  the  same  are  taken  under  the  provisions  of 
this  act  in  the  name  and  behalf  of  the  commonwealth ;  and 
the  said  act  and  time  of  filing  shall  be  deemed  to  be  the 
act  and  time  of  the  taking  of  such  lands  and  buildings, 
and  sluill  bo  a  sufficient  notice  to  all  persons  that  the  same 
have  so  been  taken.  The  title  to  the  lands  and  buildings 
so  taken  shall  vest  absolutely  in  the  commonwealth  and  its 
assigns  forever.  The  commonwealth  shall  pay  all  damages 
sustained  by  the  city  of  Boston  by  reason  of  the  taking  of 
said  lands  and  buildings,  and  said  state  board  shall  have 


Acts,  1908.  — Chap.  6U.  731 

foil  power,  subject  to  the  approval  of  the  governor  and 
council,  to  settle  with  the  mayor  and  hoard  of  trustees  of 
said  Boston  insane  hospital,  the  value  of  the  lands  and 
buildings  taken  as  aforesaid ;  and  if  said  value  cannot  so  commission  to 
be  agreed  uj^wn  by  them,  the  superior  court,  upon  ap plica-  in  cTse°o"*^ 
tion  of  either  party,  within  one  year  after  said  taking,  disagreement. 
and  after  notice  to  the  other  party,  shall  appoint  three 
commissioners  who  shall  determine  said  value,  and  whose 
finding  when  accepted  by  the  court  shall  be  final.     Only 
one  of  said  commissioners  shall  be  a  resident  of  the  county 
of  Suffolk.     The  commissioners  shall  receive  such  compen-  compensa- 
sation  as  may  be  determined  by  the  court,  which  shall  be  *'°"' 
paid  by  the  city  of  Boston  if  the  value  of  the  said  lands 
and  buildings  as  determined  by  the  commissioners,  exclu- 
sive of  interest,  does  not  exceed  the  amount  which  the  com- 
monwealth offered  to  pay  therefor  prior  to  the  application 
for  the  appointment  of  the  commissioners ;  and  otherwise 
the  comjjensation  of  the  commissioners  shall  be  paid  by 
the  commonwealth. 

Section  4.  The  provisions  of  section  two  of  chapter  Repeal, 
four  hundred  and  fifty-one  of  the  acts  of  the  year  nine- 
teen hundred,  and  the  last  sentence  of  section  six  of  chap- 
ter eighty-seven  of  the  Revised  Laws,  in  so  far  as  they 
make  an  exception  in  the  case  of  the  city  of  Boston  in  the 
provisions  of  said  chapters,  respectively,  are  hereby  re- 
pealed. All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  11,  1908. 


Chap.QU 


An  Act  relative  to  the  distribution  of  the  fran- 
chise TAXES  OF  BUSINESS  CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eighty-six  of  chapter  four  hundred  1903, 437,  §  86, 
and  thirty-seven  of  the  acts  of  the  year  nineteen  hundred  ^^'^^  ^ 
and  three  is  hereby  amended  by  inserting  after  the  word 
"  franchises  ",  in  the  fifth  line,  the  words :  —  One  half  of, 
—  by  inserting  after  the  word  "  respectively  ",  in  the  thir- 
teenth line,  the  words :  —  The  other  half  of  said  propor- 
tion shall  be  distributed,  credited  and  paid  to  the  city  or 
town  where  the  business  of  the  corporation  is  carried  on. 


'32 


Acts,  1908.  — Chap.  614. 


Distribution 
of  franchise 
taxes  of 
domestic 
corporations. 


Distribution  of 
certain  taxes 
not  affected. 


and  if  a  corporation  maintains  an  office,  store  or  factory 
in  more  than  one  city  or  town  this  part  of  the  tax  shall 
be  distribntcd,  credited  and  jjaid  to  such  cities  and  towns 
in  proportion  to  the  amount  of  tangible  property  of  the 
corporation  in  such  city  or  town  on  the  first  day  of  May, 
—  and  by  inserting  after  the  word  ''  trustees  ",  in  the  fif- 
teenth line,  the  words :  —  one  half  of,  —  so  as  to  read  as 
follows :  —  Section  86.  Xo  taxes  shall  be  assessed  in  a 
city  or  town  for  state,  county  or  town  purposes  upon  the 
shares  in  the  capital  stock  of  domestic  corporations  for  any 
year  for  which  they  pay  to  the  treasurer  and  receiver  gen- 
eral a  tax  on  the  value  of  their  corporate  franchises.  One 
half  of  such  proportion  of  the  tax  collected  of  each  of  said 
corporations  as  corresponds  to  the  proportion  of  its  stock 
owned  by  persons  residing  in  this  commonwealth  shall  be 
distributed,  credited  and  paid  to  the  several  cities  and 
towns  in  which,  from  the  returns  or  other  evidence,  it  ap- 
pears that  such  persons  resided  on  the  preceding  first  day 
of  May,  according  to  the  number  of  shares  so  held  in  such 
cities  and  towns  respectively.  The  other  half  of  said  pro- 
portion shall  be  distributed,  credited  and  paid  to  the  city 
or  town  where  the  business  of  the  corporation  is  carried 
on,  and  if  a  corjjoration  maintains  an  office,  store  or  fac- 
tory in  more  than  one  city  or  town  this  part  of  the  tax 
shall  be  distributed,  credited  and  paid  to  such  cities  and 
towns  in  proportion  to  the  amount  of  tangible  property  of 
the  cor]ioration  in  such  city  or  town  on  the  first  day  of 
May.  If  stock  is  held  by  co-partners,  guardians,  executors, 
administrators  or  trustees,  one  half  of  the  proportion  of 
tax  corresponding  to  the  amount  of  stock  so  held  shall  be 
credited  and  paid  to  the  cities  and  towns  where  the  stock 
would  have  been  taxed  under  the  provisions  of  clauses 
four,  five,  six  and  seven  of  section  twenty-three  and  sec- 
tion twenty-seven  of  chapter  twelve  of  the  Revised  Laws. 
Section  2.  This  act  shall  not  affect  the  distribution  of 
taxes  assessed  during  the  year  nineteen  hundred  and  eight. 

Approved  June  11,  1908. 


Acts,  1908.  — Chaps.  615,  616.  733 


An  x\.ct  relative   to  the  taxation  of  express  com-  QJiap^QI^ 

PANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  five  hundred  and  eightv-six  of  the  1907,  586,  etc., 
acts  of  the  year  nineteen  hundred  and  seven,  as  amended  ^™^"  ® 
bv  chapter  one  hundred  and  ninety-four  of  the  acts  of  the 
year  nineteen  hundred  and  eight,  is  hereby  further  amended 
by  adding  at  the  end  of  said  chapter  five  hundred  and 
eighty-six  the  following  new  section :  —  Section  8.     This  Not  to  apply 
act  shall  not  apply  to  corporations  which  are  liable  to  taxa-  corporatrons. 
tion  on  their  corporate  franchises  under  the  provisions  of 
sections  seventy-two  and  seventy-four  of  chapter  four  hun- 
dred and  thirty-seven  of  the  acts  of  the  year  nineteen  hun- 
dred and  three,  or  under  Part  III,  of  chapter  four  hundred 
and  sixty-three  of  the  acts  of  the  year  nineteen  hundred 
and  six,  and  all  acts  in  amendment  thereof  or  in  addition 
thereto,  and  such  corporations  shall  not  be  required  to  pay 
any  tax  levied  upon  them  during  the  year  nineteen  hun- 
dred and  eight  under  the  provisions  of  said  chapter  five 
hundred  and  eighty-six  as  amended. 

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

Approved  June  11,  lOOS. 

An  Act  to  provide  for  certain  state  highways  in  the  f^i        p-i/- 

county    of    BERKSHIRE.  ^  * 

Be  it  enacted,  etc.,  as  f  olio  as: 

Section  1.     In  addition  to  any  sums  heretofore  appro-  construction 
priated  for  the  use  of  the  Massachusetts  highway  commis-  statl'^htgh- 
sion,  fifty  thousand  dollars  may  be  expended  by  said  com-  cou'ntl^of^'' 
mission  during  the  present  year  in  the  construction  of  a  Berkshire, 
section  or  sections  of  state  highway  between  the  city  of 
Pittsfield  and  the  house  of  Ephraim  Perkins  in  the  town 
of  Becket,  at  such  points  as  shall  he  determined  by  the 
commission.     Any  unexpended  balance  of  the  sum  hereby 
authorized  to  be  expended  may  be  used  in  the  succeeding 
year  for  the  same  purpose. 

Section  2.     For  the  purpose  of  meeting  the  expendi-  state  High- 
tures  hereby  authorized,  the  treasurer  and  receiver  general  "^^^ 
is  hereby  empowered,  with  the  approval  of  the  governor 


'U  Acts,  1908.  — Chap.  617. 

and  council,  to  issue  scrip  or  certificates  of  indebtedness 
to  an  amount  not  exceeding  fifty  thousand  dollars  for  a 
term  not  exceeding  ten  years.  Such  scrip  or  certificates 
of  indebtedness  shall  be  issued  as  registered  bonds  or  with 
interest  coupons  attached,  and  shall  bear  interest  at  a  rate 
not  exceeding  four  per  cent  |>er  annum,  payable  semi- 
annually. They  shall  be  designated  on  their  face.  State 
Highway  Loan,  shall  be  countersigned  by  the  governor  and 
shall  be  deemed  a  pledge  of  the  faith  and  credit  of  the 
commonwealth ;  and  the  principal  and  interest  thereof  shall 
be  paid  at  the  time  specified  therein  in  gold  coin  of  the 
United  States  or  its  equivalent.  They  shall  be  sold  at  pub- 
lie  auction,  or  disposed  of  in  such  other  manner,  at  such 
times  and  prices,  in  such  amounts  and  at  such  rates  of 
interest,  not  exceeding  the  rate  above  specified,  as  shall  be 
deemed  best. 

Section  3.     This  act  shall  take  effect  upon  its  passage.. 

Approved  June  12,  1908. 


Chap.GYI 


An  Act  relative  to  electric  power  companie.s. 
Be  it  enacted,  etc.,  as  follows: 


Certain  terms,        Section  1.     Ill  coiisentiiiff  to  the  layinff,  erectinc:,  main- 

rest rictions  «/        «_ '  ^ 

etc.,  may  he      tainiug  or  usiug  by  a  company  incorporated  or  authorized 

imposed  upon  ^•    ^•^       ,  ^  ^^        ^        ,     •     ^,  i        •        i         f  x- 

the  laying,  etc..  to  distribute  and  sell  electricity  exclusively  lor  power,  oi 
wir*eYfor  the      aiiy  wircs  for  the  transmission  of  electricity  over  or  under 
ordectricity.     streets,  lanes  and  highways  as  provided  in  section  twenty- 
six  of  chapter  one  hundred  and  twenty-one  of  the  Revised 
Laws,  the  mayor  and  aldermen  of  a  city  or  the  selectmen 
of  a  town  may,  in  addition  to  the  provisions  of  law  govern- 
ing such  companies,  impose  such  other  terms,  limitations 
and  restrictions  as  the  public  interest  may,  in  their  judg- 
ment, require,  and  upon  an  a])]ieal  therefrom,  pursuant  to 
section  twenty-seven  of  said  chapter,  the  board  of  gas  and 
electric  light  commissioners  may,  in  addition  to  its  present 
authority  under  said  section,  affirm,  amend,  alter  or  add 
to  the  terms,  limitations  and  restrictions  so  imposed  as  the 
public  interest  may  in  its  judginent  require. 
Certain  com-  Skctiox    2.      Companies    licreinbefore    described    shall 

furnish  infor-     hereafter  furnish  from  time  to  time  to  the  board  of  gas 

mation  to  sras  ii.-ti,  ••  i*_c  x"  •  ^ 

and  electric       aiul  elcctric  light  commissiouers  such  information  as  saicl 

light  com-  ,1  ^     . 

missioners.        uoard  may  require. 


Acts,  1908.  — Chap.  618.  735 

Section  3.     The  supreme  judicial  court  or  the  superior  supreme 
court  shall  have  jurisdiction  in  equity  upon  the  applica-  supe'r'ior'^"ovirts 
tion  of  the  board  of  gas  and  electric  light  commissioners,  d°ct'ion*'m  "^' 
or  of  the  mayor  of  any  city  or  the  selectmen  of  any  town  compel*^ 
in  which  electricity  is  distributed  and  sold  as  aforesaid,  to  o^^servance, 
compel  the  observance  and  to  restrain  the  violation  of  the 
provisions  of  this  act,  of  the  general  laws  relating  to  the 
companies  hereinbefore  described  and  of  all  lawful  orders 
and  decisions,  terms,  limitations  and  restrictions  made  or 
imposed  by  said  board  or  by  the  mayor  and  aldermen  of  a 
city  or  the  selectmen  of  a  town  in  pursuance  of  the  provi- 
sions of  this  act. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  12,  1908. 


ChapMS 


An  Act  to  incokpoeate  the  sagamore  water  company. 
Be  it  enacted,  etc.,  as  follows: 

Section   1.      Benjamin  B.   Crosbv,   Osgood   L.    Small,  Sagamore 

"  i/  7  o  3    Water  Com- 

William  A.   jSTye,   Moses   C.   Waterhouse  and   Shirley  E.  panyincor- 

o         n        1      •  •  1  11  1  porated. 

Small,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Sagamore  Water  Company, 
for  the  purpose  of  supplying  the  inhabitants  of  the  town  . 
of  Bourne,  or  an}^  part  thereof,  with  water  for  domestic, 
manufacturing  and  other  purposes,  including  the  extin- 
guishment of  fires ;  with  all  the  powers  and  privileges  and 
subject  to  all  the  duties,  restrictions  and  liabilities  set 
forth  in  all  general  laws  now  or  hereafter  in  force  appli- 
cable to  such  corporations. 

Section  2.      Said  corporation,  for  the  purposes  afore-  ^^^  acquire 
said,  may  lease,  take  or  acquire  by  purchase  or  otherwise,  water^rThtr 
and  hold  and  convey  the  waters,  or  so  much  thereof  as  e^c. 
may  be  necessary,  of  any  ponds,  springs,  streams,  wells  or 
any  filter  galleries  or  wells  that  may  be  constructed  upon 
the  shore  of  any  pond,  or  near  any  spring  or  stream  within 
the  limits  of  said  town,   together  with  any  water  rights 
connected  therewith,  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  tOAvm ;  and 
may  erect  on  the  land  thus  taken  or  held  "proper  dams, 
buildings,   standpipes,    fixtures   and  other   structures,   and 
may  make  excavations,   procure   and   operate   machinery. 


736  Acts,  1908.  — Chap.  018. 

and  provide  such  other  means  and  appliances,  and  niaj  do 
such  other  things,  as  may  be  necessary  for  the  establish- 
ment   and   maintenance   of   complete    and   effective    water 

Proviso.  works:  provided,  however,  that  no  source  of  water  supply 

for  domestic  pur})oses  or  lands  necessary  for  preserving  the 
quality  of  such  water  shall  be  acquired  under  this  act  with- 
out 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. 

May  construct        SectiojST  3.     Said  couipany,  for  the  purposes  aforesaid, 

and  maintain  .      '    .  .  . 

aqueducts,  etc.  may  coustruct,  lay  and  maintain  aqueducts,  conduits,  pipes 
and  other  works,  under  or  over  any  land,  water  courses, 
canals,  dams,  railroads,  railways  and  public  or  other  ways, 
and  along  any  highway  or  other  way  in  the  town  of  Bourne, 
in  such  manner  as  not  unnecessarily  to  obstruct  the  same; 
and  for  the  purpose  of  constructing,  laying,  maintaining 
and  repairing  such  aqueducts,  conduits,  pij^es  and  other 
works,  and  for  all  purposes  of  this  act,  said  company  may 
dig  up,  raise  and  embank  any  such  lands,  higlnvays  or  other 
ways  in  such  mamier  as  to  cause  the  least  hindrance  to 
public  travel ;  but  all  things  done  upon  any  public  ways 
sliall  be  subject  to  the  direction  and  approval  of  the  select- 
men of  said  town. 

Description  Section  4.     Said  Corporation  shall,  within  ninety  days 

of  lands,  etc.,  .  .  i         i  •     i  j»  '    •    i 

to  be  recorded,  alter  votiug  to  take  any  lands,  rights  oi  way,  "water  rights, 
w^ater  sources  or  easements  as  aforesaid,  file  and  cause  to 
be  recorded  in  the  registry  of  deeds  for  the  county  of 
Barnstable  a  description  thereof  sufficiently  accurate  for 
identification,  with  a  statement  of  the  purpose  for  which 
the  same  w^ere  taken,  signed  by  the  president  of  the  cor- 
poration. The  recording  shall  operate  as  a  taking  of  the 
real  estate  and  rights  and  easements  therein  described. 

Damages.  Section  f).     Said  cor])oration  shall  pay  all  damages  to 

property  sustained  by  any  jx-rsou,  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  per- 
son, firm  or  corporation  sustaining  damages  as  aforesaid, 
who  fails  to  agree  with  said  corporation  as  to  the  amount 
thereof,  may  have  the  same  assessed  and  determined  in 
the  manner  provided  by  law  in  the  case  of  land  taken  for 


Acts,  1908.  — Chat.  618.  737 

the  laying  out  of  highways,  on  application  at  any  time 
within  three  years  after  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.  No  application  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  withdrawn  or  diverted 
under  authority  of  this  act.  Said  corporation  may  by  vote, 
from  time  to  time,  determine  what  amount  or  quantity  of 
water  it  proposes  to  take  and  appropriate  under  this  act ; 
in  which  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  further  liable  only  for  the  additional 
damages  caused  by  such  additional  taking. 

Section  6.  Said  corporation  may  distribute  water  Distribution  of 
through  the  town  of  Bourne,  or  any  part  thereof,  may 
regulate  the  use  of  the  same  and  may  establish  and  fix 
from  time  to  time  the  rates  for  the  use  of  said  water  and 
collect  the  same ;  and  may  make  such  contracts  with  the 
said  town  or  with  any  fire  district  now  or  hereafter  estab- 
lished therein,  or  with  any  individual  or  corporation,  to 
supply  water  for  the  extinguishment  of  fires  or  for  other 
purposes,  as  may  be  agreed  upon. 

Section  7.     Said  corporation  may,  for  the  purposes  set  Real  estate 

/.        1      .         1   .  1111  1  •  •  1  ^^^  capital 

lortn  m  this  act,  hold  real  estate  not  exceeding  m  value  stock, 
twenty-five  thousand  dollars,  and  the  capital  stock  of  said 
corporation  shall  not  exceed  one  hundred  thousand  dollars, 
to  be  divided  into  shares  of  one  hundred  dollars  each.  If 
it  be  necessary  for  the  purposes  of  said  corporation,  an  in- 
crease of  capital  stock  may  be  authorized  by  the  commis- 
sioner of  corporations  in  the  manner  provided  in  sections 
thirty  and  thirty-one  of  chapter  one  hundred  and  nine  of 
the  Revised  Laws,  and  in  any  amendments  thereof  now  or 
hereafter  made. 

Section  8.     Immediately  after  the  payment  of  the  cap-  Certificate  of 
ital  stock  of  said  company  a  certificate  of  that  fact  and  of  capkaTt^'be 
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 


738 


Acts,  1908.  — Chap.  G18. 


May  issue 
mortgage 
bonds,  etc. 


Issue  of  stock 
and  bonds  to 
be  approved 
by  the  com- 
missioner of 
corporations, 
etc. 


Certificate  to 
be  filed  before 
bonds  are 
issued,  etc. 


Penalty  for 
corruption  of 
water,  etc. 


of  corporations,  shall  Le  filed  in  tlie  office  of  the  secretary 
of  the  conmionwealth.  A  couvevanee  to  the  cor})orati()n  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 
ex}>ended  only  in  the  extension  of  the  works  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  ])aid  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 
is  authorized.  His  decision  approving  such  issue  shall 
specify  the  respective  amounts  of  stock  and  bonds  author- 
ized to  be  issued,  and  the  purposes  to  which  the  proceeds 
thereof  are  to  be  applied.  A  certificate  setting  forth  his 
decision  shall  he  filed  in  the  office  of  the  secretary  of  the 
commonwealth  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  OAvned, 
held  or  used  by  said  corporation  under  authority  of  this 
act,  shall  forfeit  and  pay  to  said  cor]>oratioii  three  times 
the  amount  of  damages  assessed  therefor,  to  be  rex?overed 
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. 


Acts,  1908.  — Chap.  618.  739 

Section  12.     The  town  of  Bourne  shall  have  the  rioht,  Town  of 

.  .  c     1  1  11         Bourne  may 

at  auv  time  dunn";  the  continuance  oi  the  charter  hereby  acquire  fran- 
granted,  to  acquire  by  purchase  or  by  exercise  of  the  right  etc. 
of  eminent  domain,  the  franchise,  property   and  all  the 
rights  and  privileges  of  said  corporation,  on  payment  to 
said  corporation  of  the  actual  cost  of  its  franchise,  works 
and  property  of  any  kind  held  under  the  provisions  of  this 
act ;  and  unless  the  dividends  earned  and  declared  by  said 
company  on  its  stock  shall  have  been  equal  to  or  in  excess 
of  five  per  cent  per  annum,  there  shall  be  added  to  the  cost 
of  the  works  such  a  sum  as  would  make  the  net  return  to 
the  stockholders  five  per  cent  ]>er  annum  on  the  investment. 
The  town,  on  taking  as  herein  provided  the  property  of 
said  corporation,  shall  assume  all  of  its  outstanding  obliga- 
tions incurred  in  the  construction  or  improvement  of  the 
property,    including    bonds    secured    by    mortgage    issued 
under  authority  of  this  act,  and  the  amount  thus  assumed 
shall  be  deducted  from  the  total  amount  to  be  paid  by  said 
town  to  said  corporation.     Said  corporation  shall  furnish  statement  of 
to  the  town  of  Bourne,  under  oath,  an  itemized  statement  exp^enditu"es, 
of  the  actual  cost  of  the  water  supply  system  authorized  furnished^ 
under  this  act,  together  with  a  copy  of  all  contracts  made  annually, 
in  providing  and  constructing  said  water  supply  system 
and  any  extension  thereof,  and  shall  furnish  to  said  town 
annually  in  the  month  of  January  an  itemized  statement, 
under  oath,  of  its  receipts  and  expenditures,  which  state- 
ment shall  be  submitted  by  the  selectmen  to  the  citizens  of 
the  town  at  the  annual  town  meeting.     This  authority  to  Taking  of 
take  said  franchise  and  property  is  granted  on  condition  sub"jecrto  a**'" 
that  the  same  is  assented  to  bv  said  town  bv  a  two  thirds  ^'^°  ^^[''^^ 

'         ,  '  .         vote,  etc. 

vote  of  the  voters  ]3resent  and  voting  thereon  at  a  meeting 
legally  called  for  that  purpose ;  and  the  taking,  if  by  exer- 
cise of  the  right  of  eminent  domain,  shall  be  by  filing  in 
the  registry  of  deeds  for  the  county  of  Barnstable  a  declara- 
tion of  such  taking,  which  shall  include  a  certified  copy  of 
the  article  in  the  warrant  under  which  the  town  acted,  and 
of  the  vote  of  the  town  thereon  showing  that  it  was  passed 
by  a  two  thirds  vote,  as  herein  required.     In  case  the  town  in  case  of 
and  the  corporation  shall  be  unable  to  agree  upon  the  actual  commfS'lra 
cost  of  said  property,  the  supreme  judicial  court  shall,  upon  "pp^oin*ted  to 
application  of  either  party  and  notice  to  the  other,  a])]>()int  ^!^^*f''"|'g"^ 
three  commissioners  who  shall  determine  the  actual  cost  of 
said    property,    and   whose   award,   when   accepted   by   the 


uo 


Acts,  1908.  —  Ciiai*.  618. 


Bourne  Water 
Loan. 


Payment  of 
loan,  etc. 


Water  com- 
missioners, 
election, 
terms,  etc. 


court,  shall  be  final.  Interest  at  the  rate  of  six  per  cent 
shall  be  included  in  said  award  from  the  date  of  the  taking 
ur  purchase. 

Section  13.  Said  town  mav,  for  the  purpose  of  paying 
the  cost  of  said  franchise  and  corporate  property,  and  the 
necessary  expenses  and  liabilities  incurred  under  the  provi- 
sions 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,  Bourne  Water  Loan ;  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  five  per  cent  per  annum, 
and  shall  be  signed  by  the  treasurer  of  the  town  and  coun- 
tersigned by  the  w^ater  commissioners  hereinafter  provided 
for.  Said  tovra  may  sell  such  securities  at  public  or  pri- 
vate sale,  or  pledge  the  same  for  money  borrowed  for  the 
purposes  of  this  act,  upon  such  terms  and  conditions  as  it 
may  deem  proper.  Said  town  shall  pay  the  interest  upon 
said  loan  as  it  accrues,  and  shall  at  the  time  of  authoriz- 
ing said  loan  provide  for  the  payment  thereof  in  such 
annual  proportionate  payments,  beginning  not  more  than 
five  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  eifect  has  been  passed,  a 
sum  which  w^ith  the  income  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  town  in  each  year  there- 
after, 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  said 
loan  is  extinguished. 

Section  14.  Said  town  shall,  after  purchasing  or  tak- 
ing the  said  franchise  and  corporate  property,  as  provided 
in  this  act,  at  a  legal  meeting  called  for  the  purpose  elect 
by  ballot  three  persons  to  hold  office,  one  until  the  expira- 
tion 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 


Acts,  1908.  — Chap.  619.  741 

water  commissioners;  and  at  each  annual  town  meeting 
thereafter  one  such  commissioner  shall  be  elected  by  bal- 
lot for  the  term  of  three  years. 

Section  15.    All  the  authority  granted  to  the  said  town  Powers  and 
by  this  act  and  not  otherwise  specihcally  provided  for  shall 
be  vested  in  said  water  commissioners,  who  shall  be  sub- 
ject however  to  such  instructions,  rules  and  regulations  as 
said  town  may  impose  by  its  vote.     A  majority  of  said  Quorum, 
commissioners  shall  constitute  a  quorum  for  the  transac- 
tion of  business.     Any  vacancy  occurring  in  said  board  for  vacancy, 
any  cause  may  be  filled  for  the  remainder  of  the  unexpired 
term  by  said  town  at  any  legal  town  meeting  called  for  the 
purpose. 

Section  16.  Any  fire  district  hereafter  established  ^/l^e^v'"' 
within  the  towTi  of  Bourne  for  the  purpose  of  supplying  estabifshTd*^"^ 
the  inhabitants  thereof  with  water  for  the  extinguishment 
of  fires  and  for  domestic,  manufacturing  and  other  pur- 
poses, shall  have  all  the  rights  and  privileges  herein 
granted  to,  and  be  subject  to  all  the  obligations,  duties  and 
liabilities  herein  imposed  upon,  said  town. 

Section  17.    This  act  shall  take  effect  wpon  its  passage,  when  to  take 
but  shall  become  void  unless  said  water  company  shall  have  ^  ^°^' 
begun  to  distribute  water  through  its  pipes  to  consumers 
in  said  town  within  three  years  after  the  date  of  its  pas- 
sage. ApprovedJune  12,  190S. 

An  Act   making  ax   appkopriation   for  the   mainte- /-yi„„ /^iq 

NANCE    of    industrial    SCHOOLS    IN    CERTAIN    CITIES    OF 
THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     A  sum  not  exceeding  six  thousand  dollars  Maintenance 
is  hereby  appropriated,  to  be  paid  out  of  the  treasury  of  schools^""' 
the  commonwealth  from  the  ordinary  revenue,  for  meeting  '^^^^'^^^  "''^^• 
the  commonwealth's  proportion  of  the  cost  of  maintenance 
of  independent  industrial  schools  in  certain  cities,  under 
the  authority  of  chapter  five  hundred  and  five  of  the  acts 
of  the  year  nineteen   hundred   and   six;   payments   under 
this  act  to  be  made  only  upon  evidence  satisfactory  to  the 
auditor  of  the  commonwealth  that  the  provisions  of  law 
in  regard  thereto  have  been  complied  with. 

Section  2.     This  act  shall  take  effect  u^xtn  its  passage. 

Approved  June  12,  IQOS. 


742 


Acts,  1908.  —  Chaps.  620,  621. 


Issue  of 
bonds,  etc., 
by  railroad 
corporations 
ancl  sitreet 
railway 
companies. 


Chap.620  Ax  Act  relative  to  the  issue  of  bo^jds,  coupon  notes 

AND    OTHER    EVIDENCES    OF    INDEBTEDNESS    BY    RAILRO^iD 
CORPORATIONS    AND    STREET    RAILWAY    COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  computing  the  amount  of  capital  stock 
of  a  railroad  corporation,  electric  railroad,  street  railway 
or  elevated  railway  company  for  the  purpose  of  determin- 
ing the  maximum  amount  of  bonds,  coupon  notes  or  other 
evidences  of  indebtedness,  payable  at  periods  of  more  than 
twelve  months  after  the  date  thereof,  under  the  provisions 
of  sections  forty-eight,  fifty-seven  and  sixty-six  of  Part  II, 
or  of  section  one  hundred  and  eight  of  Part  III,  of  chap- 
ter four  hundred  and  sixty-three  of  the  acts  of  the  year 
nineteen  hundred  and  six,  and  imder  any  similar  provi- 
sions of  any  special  acts  limiting  the  amount  of  such  securi- 
ties, which  a  railroad  corporation,  an  electric  railroad,  a 
street  railway  or  elevated  railway  company  may  issue,  to 
the  amount  of  its  capital  stock  at  the  time  actually  paid 
in,  there  shall  be  added  to  the  par  value  of  the  capital 
stock  all  cash  premiums  paid  into  the  corporation  on  all 
shares  issued  by  such  corporation  or  company  subsequent 
to  July  ninth,  eighteen  hundred  and  ninety-four,  under 
the  provisions  of  chapter  four  hundred  and  sixty-two  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-four  or 
of  any  similar  provisions  of  law,  and  the  maximum  amount 
of  such  bonds,  notes  and  other  evidences  of  indebtedness 
which  such  corporation  or  company,  unless  expressly  au- 
thorized by  its  charter  or  by  special  law,  may  issue  with 
the  approval  of  the  board  of  railroad  commissioners,  shall 
be  limited  to  the  aggregate  amount  of  its  issued  and  out- 
standing capital  stock,  determined  as  provided  in  this  act, 
and  actually  paid  into  its  treasury. 

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

Approved  June  12,  1908. 

Chap.621  An  Act  relative  to  public  administrators. 

Be  it  enacted,  etc.,  as  follows: 

1908,  510.  §2,        Section  1.     Section  two  of  chapter  five  hundred  and 
amen  e  .         ^^^^  ^^  ^^^  ^^^^  ^^  ^^^  ^^^^^  nineteen  hundred  and  eight  is 

hereby  amended  by  striking  out  the  words  "  passage  of 


Acts,  1908.  — Chaps.  622,  623.  743 

this  act  ",  in  the  fourth  line,  and  inserting  in  place  thereof 
the  words :  —  first  day  of  August,  nineteen  hundred  and 
eight,  —  so  as  to  read  as  follows :  —  Section  2.     Public  Public 
administrators  heretofore  appointed  under  the  provisions  ?orT™^cease 
of  section  one  of  chapter  one  hundred  and  thirty-eight  of  August  i,  e?c. 
the  Revised  Laws  shall  cease  to  hold  office  as  public  ad- 
ministrators upon  the  first  day  of  August,  nineteen  hun- 
dred and  eight,  but  shall  complete  the  administration  of 
the  estates  upon  which  letters  of  administration  have  been 
taken  out  by  them. 

Section  2.     All  public  administrators  shall  continue  to  certain  acts 
hold  office  as  heretofore  until  the  first  day  of  August,  nine-  """^  ''™^  ' 
teen  hundred  and  eight,  and  all  proper  acts  or  proceedings 
by  them  between  the  twelfth  day  of  May,  nineteen  hundred 
and  eight,  and  the  date  of  the  passage  of  this  act,  are 
hereby  ratified  and  confirmed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  12,  1908. 

An  Act  relative  to  the  change  of  gkade  of  a  part  of  /^t,^,^  a<o9 
beacon  street  in  the  city  of  boston.  "' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  governor  and  council  are  hereby  au-  change  of 
thorized  to  enter  into  an  agreement  with  the  city  of  Bos-  part'l3f°^B^eacon 
ton  in  regard  to  a  change  of  grade  in  that  part  of  Beacon  cltTo/Boston. 
street,  in  said  city,  lying  between  Bowdoin  street  and  Han- 
cock avenue,  and  may  waive  all  or  any  grade  damages  to 
land  oT^med  by  the  commonwealth. 

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

Approved  June  12,  190S. 

An  Act  to  authorize  the  city  of   new  Bedford  to  f^jj^.^  aoo 
sprinkle  its  streets  with  oil  or  other  substances.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     For  the  purpose  of  laying  the  dust  and  for  city  of  New 
sanitary  purposes  generally,  the  city  of  Xew  Bedford  may  appropriate^ 
annually  appropriate  money  for  sprinkling  with  oil  or  any  ^prrnkii!?g 
other  substance,  all  or  a  part  of  the  public  ways  of  the  g-f ^JJ'c  ^®  ^'*^ 
city  or  portions  thereof  at  its  expense,  in  whole  or  in  part, 
and  it  may  determine  that  certain  other  public  ways  or 
portions  thereof  shall  be  sprinkled  with  oil  or  any  other 


'U 


Acts,  1908.  — Chat.  624. 


Abutters  may 
be  assessed, 


Certain  pro- 
visions of  law 
to  apply. 


siil)stance  at  the  expense  in  whole  or  in  part  of  the  abut- 
ters thereon. 

Section  2.  If  said  city  should  determine  that  the 
streets  or  certain  streets  or  jwrtions  of  streets  shall  be 
sprinkled  with  oil  or  any  other  substance,  in  whole  or  in 
part  at  the  expense  of  the  abutters,  such  expense  for  the 
municipal  year  and  the  proportion  thereof  to  be  borne  by 
the  abutters  and  the  rate  to  be  assessed  upon  each  linear 
foot  of  frontage  upon  such  streets  or  portions  thereof,  shall 
be  estimated  and  determined  by  the  board  of  aldermen,  and 
assessed  upon  the  estates  abutting  on  such  streets  or  por- 
tions of  streets,  in  proportion  to  the  number  of  linear  feet 
of  each  estate  upon  such  street  or  portion  thereof  so 
sprinkled.  The  amount  of  such  assessments  shall  be  de- 
termined by  said  board,  or,  if  said  board  so  designates,  by 
the  board  of  public  works,  board  of  street  commissioners, 
superintendent  of  streets  or  other  officer ;  and  such  board 
or  officer  shall  as  soon  as  may  be  after  the  first  day  of 
May  of  such  municipal  year  cause  a  list  of  such  streets 
or  portions  thereof  to  be  made,  specifying  each  estate  and 
the  number  of  linear  feet  abutting  thereon,  the  amount  per 
linear  foot,  and  the  amount  on  each  estate  of  such  assess- 
ment, and  certify  and  commit  said  lists  to  the  assessors  of 
taxes  who  shall  assess  the  tax  and  shall  include  such  assess- 
ment in  the  tax  list  and  warrant  committed  by  them  to  the 
collector  of  taxes  for  that  municipal  year.  The  provisions 
of  section  twenty-seven  of  chapter  twenty-six  of  the  Re- 
vised Laws  shall  apply  to  such  assessment,  to  its  collection 
and  to  the  lien  therefor. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Appi'oved  June  12,  1908. 


Chap.624:  An  Act  to  authorize  the  abatement  of  certain  tanes 

ON  LEGACIES  AND  SUCCESSIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Taxes  imposed  by  chapter  four  hundred 
and  twenty-five  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-one  and  the  acts  in  amendment  thereof  and  in 
addition  thereto,  and  by  chapter  fifteen  of  the  Revised 
Laws  and  the  acts  in  amendment  thereof  and  in  addition 
thereto,  except  chapter  five  hundred  and  sixty-three  of  the 


Certain  taxes 
on  legacies  and 
successions 
may  be 
abated. 


Acts,  1908.  — Chaps.  625,  626.  745 

acts  of  the  year  nineteen  hnndred  and  seven,  which  are 
nnpaid  and  uncollectible  either  from  the  jDerson  directly 
liable  therefor  or  from  the  persons  who  have  received  the 
property  on  which  such  unpaid  taxes  are  based,  may  be 
abated  by  the  treasurer  and  receiver  general,  with  the 
approval  of  the  attorney-general,  at  any  time  after  the 
expiration  of  six  years  from  the  date  when  such  taxes 
become  payable. 

Section  2.     The  treasurer  and  receiver  general  shall  J/fttfy'ifbate- 
certifv  such  abatement  to  the  register  of  the  probate  court  ment  to 

'       _  ...  ,  register  of 

having  jurisdiction  of  the  settlement  of  the  estate  of  the  probate, 
decedent. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  12,  1908. 

Ak  Act  to  autiiokize  the  city  of  bostox  to  pay  a  sum  njinyy  Q^^ 

OF  MONEY   TO   TKE   WIDOW   OF   THOMAS   F.   DOHEKTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Boston  is  hereby  authorized  to  city  of  Bost 
pay  to  Katherine  A.  Doherty,  widow  of  Thomas  F.  Doherty  ^ni  of'^money 
late  member  of  the  common  council  of  that  city,  the  amount  Thomarr"^ 
of  salary  to  which  he  would  have  been  entitled  if  he  had  Doherty. 
lived  and  completed  his  term  of  office  as  such  meml^er. 

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

Approved  June  12,  190 S. 


on 


(77^029.626 


An  Act  to  provide  for  the  preparation  of  plans  and 
the  location  of  a  hospital  for  acute  and  curable 

MENTAL    patients    IN    THE     METROPOLITAN    DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  state  board  of  insanity  shall,  with  the  state  board  of 
approval  of  the  governor  and  council,  select,   and  secure  ieieTt''ioc*a° 
options  on,  land  in  the  city  of  Boston  suitable  for  the  es-  hos"pitais  for 
tablishment  of  a  hospital  conveniently  located  for  the  first  acute  and 

^  t  curable  men- 

care  and  observation  of  mental  patients  and  the  treatment  t^i  patients, 
of  acute   and   curable  mental   disease.      Said   board   shall  plans,  etc. 
prepare  and  submit  to  the  general  court,  not  later  than 
March  first,  nineteen  hundred  and  nine,  preliminary  plans, 
and   general   specifications    and   estimates   of   the    cost   of 
constructing  and  equipping,  for  the  use  of  said  hospital, 


TttG  Acts,  1908.  — Chap.  627. 

binldings  sufficient  to  acconiiuodate  one  hundred  and 
twenty  patients  and  the  necessary  officers,  nurses  and  em- 
ployees, and  to  furnish  adequate  provision  for  the  treat- 
ment of  acute  and  curable  mental  diseases,  and  scientific 
research  into  the  nature,  causes  and  results  of  mental  dis- 
eases. Said  board  shall  in  like  manner  select,  and  secure 
options  on,  land  in  or  near  said  city  suitable  for  the  es- 
tablishment of  a  branch  of  said  hospital  for  the  treatment 
of  voluntary  mental  patients,  and  shall  prepare  and  sub- 
mit as  aforesaid  to  the  general  court  like  plans,  specifica- 
tions and  estimates  for  buildings  sufficient  to  accommodate 
one  hundred  patients  and  the  necessary  officers,  nurses  and 
employees. 
Certain  sum  Section  2.     A  sum  uot  exceeding  ten  thousand  dollars 

may  be  ,  ^      .    .  ,,     ,  . 

expended.         may  be  expended  to  carry  out  the  provisions  oi  this  act. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  12,  1908. 


Chcip.621  An  Act  to  authorize  the  city  of  boston  to  establish 

AND   MAINTAIN   OBSERVATION   WARDS. 

Be  it  enacted,  etc.,  as  follows: 

City  of  Boston        Section  1.     The  citv  of  BostoH  mav  establish  and  main- 
may  establish  ,.      .         *  •      1  1      1      M  I-  •  1 

and  maintain     fajn  witliin  its  liiiiits  a  suitablc  building  or  certain  wards 
wards.  for  the  reception,  medical  observation  and  care  of  those 

persons  suffering  from  sudden  delirium,  mental  disturb- 
ance, transitory  excitement  or  other  kindred  disorders,  who 
are  now  classed  as  ''  observation  cases  ",  and  owing  to  the 
lack  of  such  building  or  wards  are  at  present  placed  in  the 
city  prison,  the  house  of  detention  or  the  house  of  correc- 
tion at  Deer  Island,  pending  medical  examination  or  treat- 
ment. 
Until  wards  Section   2.      Until   tlic  tiuic  whcii   such  a  buildiiic  or 

lished  mayor     wards  shall  be  established,  the  mayor  of  Boston  sliall  have 
the  placing  of    autlioritv  to  dircct  that  such  persons  be  placed  for  obser- 

persons  in  .',  .,,  ^  t    ^  '±    ^ 

certain  vatiou  and  treatment  m  the  care  of  any  general  hospital 

hospitals.  ,     .  .  ,       .1  •. 

l)elonging  to  the  city. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  12,  1008. 


Acts,  1908.  — Chaps.  628,  629.  747 


Ai^  Act  to  authorize  the  city  of  chelsea  to  bokrow  Chap.628 
Mo:\'EY  for  municipal  purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Chelsea,  for  the  purpose  of  Loan°Act  of* 
constructing  public  buildings  and  for  other  municipal  pur-  isos. 
poses,  is  hereby  authorized  to  incur  indebtedness  to  an 
amount  not  exceeding  one  million  dollars  in  excess  of  the 
statutory  debt  limit  of  said  city,  and  may  from  time  to 
time  issue  bonds,  notes  or  scrip  therefor,  payable  at  periods 
not  exceeding  lifty  years  from  the  dates  of  issue.  Such 
bonds,  notes  or  scrip  shall  be  signed  by  a  majority  of  the 
Chelsea  board  of  control  and  shall  be  countersig-ned  by 
the  treasurer  of  the  city.  They  shall  be  denominated  on 
the  face  thereof.  City  of  Chelsea  Loan,  Act  of  1908,  and 
shall  bear  interest  at  a  rate  not  exceeding  four  and  one 
half  per  cent  per  annum. 

Sectio:n^  2.  The  city  shall  establish  a  sinking  fund  to  Payment  of 
be  used  for  no  other  purpose  than  the  payment  of  such 
debt,  and  shall  annually  raise  by  taxation  and  contribute 
thereto  an  amount  sufficient,  with  its  accumulations,  to 
extinguish  the  debt  at  maturity.  The  premiums  received 
from  the  sale  of  said  bonds,  notes  or  scrip  shall  be  paid 
into  the  sinking  fund. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  12,  1908. 

Ax  Act  to  provide  for  the  support  by  the  co-M:\rox-  (JJfcn)  629 
wealth  "OF  certain  feeble-minded  and  other  per- 
sons. 

Be  it  enacted,  etc.,  as  follows: 

After  the  first  day  of  December  in  the  year  nineteen  Care,  etc..  of 
hundred  and  eight,  the  commonwealth  shall  be  liable  for  minded ^Ind^" 
the  board,  care  and  treatment  of  all  persons  who  are  feeble-  persons? 
minded,  or  epileptic,  who  may  be  inmates  of  the  Massa- 
chusetts School  for  the  Feeble-Minded,  of  the  Wrentham 
state  school,  of  the  Massachusetts  hospital  for  epileptics, 
of  the  Hospital   Cottages  for   Children,   or  of  any  other 
state  institution  for  the  care  of  such  persons,  or  who  may 


7^8  Acts,  1908.  — Chaps.  630,  031. 

be  admitted  thereto  under  the  jirovisions  of  law,  and  who 
wonld  1x3  supported  under  existing  laws  at  the  expense  of 
any  city  or  town  within  the  commonwealth. 

Approved  June  12,  1908. 

Chcip.GoO  Aisr   Act   kklative   to   the   abstract    of   the   annual 

REPOKT    OF    THE   AUDITOR    OF   ACCOUNTS. 

Be  it  enacted^  etc.,  as  follows: 
R  L.  6,  §  22  Section  1.     Section  twenty-two  of  chapter  six  of  the 

etc.,  amended.  _  . 

Ivevised  Laws,  as  amended  by  section  four  of  chapter  two 
hundred  and  eleven  of  the  acts  of  the  year  nineteen  hun- 
dred and  five,  is  hereby  further  amended  by  striking  out 
the  word  "  first  ",  in  the  second  line,  and  inserting  in  place 
thereof  the  word :  —  second,  —  so  as  to  read  as  follow^s : 
Au.iitor's  —  Section  22.     He  shall  annually  on  the  second  Wednes- 

aimual  report.  .  i        •  i  '         i  i  <? 

day  m  ^January  submit  to  the  general  court  an  abstract  oi 
his  report,  in  print,  exhibiting  a  full  and  accurate  state- 
ment of  the  financial  condition  and  transactions  of  the 
commonwealth  for  the  preceding  fiscal  year,  and  as  soon 
as  may  be  thereafter  he  shall  submit,  in  print,  his  report 
in  detail. 

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

Approved  June  12,  1908. 

CVia».631  An  Act  to  authorize  the  trustees  of  the  methodist 

EPISCOPAL    CHURCH    OF    EASTHAMPTON    TO    CONVEY    CER- 
T.iJN  REAL  ESTATE. 

Be  it  enacted,  etc.,  as  follows: 
Trustees  of  Section  1.     The  Trustces  of  the  Methodist  Episcopal 

Methodist  -r^i  1-1  ni 

Episcopal         Church  of  Eastham])t(m  are  hereby  authorized  to  sell  and 

Church  of  •  1        c  1  '  •  •  i 

Easthampton     couvcY  a  Certain  })areel  oi  real  estate  situate  m  the  towni 
certain  real       of  Easthaiiipton  whicli  w^as  conveyed  to  them  by  S.  Chapin 
Wood  by  deed  bearing  date  April  first,  eighteen  hundred 
and  seventy. 

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

Approved  June  12,  1908. 


Acts,  1908.  — Chat.  G32.  749 


Ax  Act  ix  addition  to  seveeal  acts  making  appko-  QJiap.QS^ 

PRIATIONS    FOR    SUNDRY    MISCELLANEOUS    EXPENSES    AU- 
THORIZED DURING  THE  PRESENT  YEAR. 

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,  except  as  herein  otherwise  pro- 
vided, for  the  purposes  specified,  to  wit :  — 

For  the  construction  of  a  new  building  at  the  state  nor-  state  normal 
mal  school  at  Fitchburg,  as  authorized  by  chapter  ninety-  Fitchburg. 
six  of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
seventy-five  thousand  dollars. 

For  the  purchase  of  a  boat  for  use  at  Penikese  island,  boat'f^^y°e 
as  authorized  by  chapter  ninety-seven  of  the  resolves  of  the  fg^^^^J^'^^*^ 
present  year,  a  sum  not  exceeding  two  thousand  dollars. 

For  certain  improvements  at  the  Danvers  insane  hos-  Danyers  insane 
pital,  as  authorized  by  chapter  one  hundred  of  the  resolves  '°^^' 
of  the  present  year,  a  sum  not  exceeding  tAvelve  hundred 
and  fifty  dollars. 

For  the  further  improvement  of  the  channel  in  Ipswich  improvement 

,.,,,  Ill  1  /.of  channel  in 

river,  as  authorized   by  chapter  one  hundred   and  one  oi  ipswich  river, 
the  resolves  of  the  present  year,  a  sum  not  exceeding  three 
thousand  dollars. 

To  provide  for  an  inventory  and  appraisal  of  the  prop-  inventory, 
erty  of  the  New  England  Telephone  and  Telegraph  Com-  erty  of  New 
pany,  as  authorized  by  chapter  one  hundred  and  two  of  Telephone 
the  resolves  of  the  present  year,  a  sum  not  exceeding  thirty  complJTy.'^'^^^ 
thousand  dollars. 

For  certain  improvements  at  the  Taunton   insane  hos-  Taunton 
pital,  as  authorized  by  chapter  one  hundred  and  three  of  hospital. 
the   resolves   of  the   present   year,    a   sum   not   exceeding 
twenty-four  hundred  dollars. 

For  the  removal  of  obstructions  near  the  outer  end  of  Remwai  of 
the  public  pier  at  Oak  Bluffs  in  Vinevard  Sound,  as  au-  obstructions 

iT-,,,  111  1     'r  C11  ^^  O^k  Bluffs. 

thorized  by  chapter  one  hundred  and  tour  oi  tlie  resolves 
of  the  present  year,  a  sum  not  exceeding  five  hundred  dol- 
lars. 

To  provide  for  the  improvement  of  Rockport  harbor,  as  improvement 
authorized  by  chapter  one  hundred  and  five  of  the  resolves  harbor. 
of  the  present  year,  a  sum  not  exceeding  eight  thousand 
dollars. 


'50 


Acts,  1908.  — Chap.  (332. 


To  provide 
for  certain 
surveys. 


Dredging  in 

Winthrop 

harbor. 


Enlarging 
channel  at 
AVoUaston 
beach. 


Dredging  in 

Hingham 

harbor. 


Dredging  in 
Lynn  harbor. 


Improvement 
of  West 
Falmouth 
harbor. 


Gas  inspectors. 


Report  of  gas 
and  electric 
light  com- 
missioners. 


Stenographer, 

executive 

department. 


To  provide  for  surveys  of  Barnstable  harbor,  Allen's 
harbor,  (^iiansett  harbor.  Plum  Island  river,  xvorth  river 
and  Island  End  river,  as  authorized  by  chapter  one  hun- 
dred and  six  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding"  two  thousand  dollars. 

For  dredging  an  anchorage  basin  in  Winthrop  harbor, 
as  authorized  by  chapter  one  hundred  and  seven  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  five  thou- 
sand dollars. 

To  provide  for  enlarging  the  channel  at  Wollaston  beach 
in  the  city  of  Qnincy,  as  authorized  by  chapter  one  hun- 
dred and  eight  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  seventy-five  hundred  dollars. 

To  provide  for  the  dredging  of  an  anchorage  basin  in 
Hingham  harbor,  as  authorized  by  chapter  one  hundred 
and  nine  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  five  thousand  dollars. 

To  provide  for  dredging  an  anchorage  basin  in  Lynn 
harbor,  as  authorized  by  chapter  one  hundred  and  ten  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  ten 
thousand  dollars. 

To  provide  further  for  the  improvement  of  West  Fal- 
mouth harbor,  as  authorized  by  chapter  one  hundred  and 
twelve  of  the  resolves  of  the  present  year,  a  sum  not  ex- 
ceeding ten  thousand  dollars. 

For  the  salary  of  the  present  inspector  of  gas  meters,  a 
sum  not  exceeding  one  hundred  and  sixty  dollars ;  for  the 
salary  of  the  present  first  assistant  inspector,  a  sum  not 
exceeding  one  hundred  and  sixty  dollars ;  for  the  salary 
of  the  present  second  assistant  inspector,  a  sum  not  exceed- 
ing two  hundred  and  eleven  dollars ;  as  authorized  by  chap- 
ter five  hundred  and  thirty-six  of  the  acts  of  the  present 
year:  and  for  printing  the  report  of  the  gas  and  electric 
light  commissioners,  the  sum  of  two  hundred  and  fifty-four 
dollars  and  seventy-five  cents;  all  of  these  amounts  to  be 
paid  out  of  the  Gas  and  Electric  Light  Commissioners' 
Fund,  and  to  be  in  addition  to  any  amounts  heretofore 
appropriated  for  this  purpose. 

For  the  salary  of  the  present  stenographer  for  the  ex- 
ecutive department,  as  authorized  by  chapter  five  hundred 
and  forty  of  the  acts  of  the  present  year,  the  sum  of  two 
hundred  and  seventv-five  dollars. 


Acts,  1908.  — Chap.  632.  751 

For  the  salaries  of  the  judges  of  probate  and  insolvency  Judges  ot 
for  the  county  of  Essex,  as  authorized  by  chapter  five  hnn-  insolvency, 
dred  and  forty-one  of  the  acts  of  the  present  year,  a  sum  ess«x^° 
not  exceeding  seventeen  hundred  and  fifty  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appropriated 
for  this  purpose. 

To  provide  for  the  improvement  of  Cotuit  harbor  in  the  improvement 
town  of  Barnstable,  as  authorized  by  chapter  five  hundred  harbor, 
and  forty-six  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  five  thousand  dollars. 

For  the  payment  of  extraordinary  expenses,  to  be  ex-  Extraordinary 
pended  under  the  direction  of  the  governor  and  council,  governor' and 
and  for  the  purpose  of  making  transfers  to  such  appro- 
priations as  have  proved  insufficient,  upon  the  reconmienda- 
tion  of  the  auditor  of  the  commonwealth,  as  authorized  by 
chapter  five  hundred  and  forty-nine  of  the  acts  of  the 
present  year,  the  sum  of  eighty-five  thousand  dollars,  the 
same  to  be  in  addition  to  the  fifteen  thousand  dollars  ap- 
priated  by  chapter  three  of  the  acts  of  the  present  year. 

For  the  salaries  and  expenses  of  three  supervisors  of  a"sessors°'^^  °^ 
assessors  to  be  appointed  by  the  tax  commissioner,  as  pro- 
vided for  by  chapter  five  hundred  and  fifty  of  the  acts  of 
the  present  year,  a  sum  not  exceeding  four  thousand  dol- 
lars. 

To  provide  for  certain  improvements  at  the  state  colony  state  colony 
for  the  insane,  as  authorized  by  chapter  one  hundred  and 
thirteen  of  the  resolves  of  the  present  year,  a  sum  not  ex- 
ceeding twenty-two  thousand  dollars. 

To  provide  for  an  additional  improvement  of  East  Bay  improvement 
harbor,  Osterville,  in  the  towni  of  Barnstable,  as  authorized  harbor, 
by  chapter  one  hundred  and  fifteen  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  ten  thousand  dollars. 

To  provide  for  certain  improvements  at  the  Westbor-  Westborough 
ough  insane  hospital,  as  authorized  by  chapter  one  hun-  h'oTp'itai. 
dred  and  sixteen  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  twenty-six  thousand  six  hundred  and  sev- 
enty-five dollars. 

To  provide  for  furnishing  copies  of  the  Bevised  Laws,  city  of 
decisions  of  the  supreme  judicial  court  and  other  books,  to 
the  city  of  Chelsea,  as  authorized  by  chapter  one  hundred 
and  seventeen  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  five  hundred  dollars. 


752 


Acts,  1908.  — Chap.  (532. 


Construction 
of  a  wharf  at 
Penikese 
island. 


Watershed  of 
the  Charles 
River  basin. 


Improvement 
of  Witchmere 
harbor. 


Printing  report 
of  commission 
on  commerce 
and  industry. 


New  Bedford 
textile  school. 


Improving 
entrance  to 
Sesuit  harbor. 


Deputies  of 
the  secretary 
of  the  com- 
monwealth. 


Medical 
inspection  in 
the  public 
schools. 


Tax  commis- 
sioner and 
commissioner 
of  corpo- 
rations. 


For  the  construction  of  a  wharf  at  Penikese  island,  as 
authorized  by  chapter  one  hundred  and  eighteen  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  five  thou- 
sand dollars. 

For  expenses  in  connection  wath  the  watershed  of  the 
Charles  River  basin  in  the  city  of  Boston,  as  authorized  by 
chapter  three  hundred  and  seventy-six  of  the  acts  of  the 
present  year,  a  sum  not  exceediog  eighteen  hundred  dol- 
lars. 

To  provide  for  further  improving  Witchmere  harbor  in 
the  towTi  of  Harwich,  as  authorized  by  chapter  one  hun- 
dred and  nineteen  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  three  thousand  dollars. 

To  provide  for  the  cost  of  printing  the  report  of  the 
commission  on  commerce  and  industry,  as  authorized  by 
chapter  one  hundred  and  twenty  of  the  resolves  of  the 
present  year,  the  sum  of  eleven  hundred  seventy  dollars 
and  thirty  cents. 

For  the  iSTew  Bedford  textile  school,  as  authorized  by 
chapter  one  hundred  and  twenty-two  of  the  resolves  of  the 
present  year,  the  sum  of  eighteen  thousand  dollars. 

To  provide  for  improving  the  entrance  to  Sesuit  harbor 
in  the  towTi  of  Dennis,  as  authorized  by  chapter  five  hun- 
dred and  fifty-seven  of  the  acts  of  the  present  year,  the 
sum  of  ten  thousand  dollars. 

For  the  salaries  of  the  deputies  of  the  secretary  of  the 
commonwealth,  as  provided  for  by  chapter  five  hundred 
and  sixty-one  of  the  acts  of  the  present  year,  the  sum  of 
two  hundred  and  seventy-five  dollars,  this  to  be  in  addi- 
tion to  the  amounts  heretofore  appropriated  for  the  salary 
of  the  first  and  second  clerks  of  said  secretary,  who  are 
now  respectively  made  deputies. 

For  medical  inspection  in  the  public  schools  of  the  com- 
monwealth, as  authorized  by  chapter  one  hundred  and 
eighty-nine  of  the  acts  of  the  present  year,  a  sum  not  ex- 
ceeding three  hundred  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  this  purpose. 

For  incidental  and  contingent  exjoenses  of  the  tax  com- 
missioner and  commissioner  of  corporations,  a  sum  not 
exceeding  five  hundred  dollars,  the  same  to  be  in  addition 
to  anv  amount  heretofore  appropriated  for  this  purpose. 


Acts,  1908.— Chap.  632.  753 

For  printing,  stationery  and  office  supplies  and  for  trav-  Expenses  of 
elling  and  other  expenses  of  the  bank  commissioner,  a  sum  missioner. 
not  exceeding  two  hundred  and  sixty  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appropriated  for 
this  purpose. 

For  maintenance  of  state  armories  of  the  first  class,  and  H^l^^-^^^  ^nd 
for  providing  state  flags  for  said  armories,  a  sum  not  ex-  ^tate  flags, 
ceeding  thirty-five  hundred  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for  this  pur- 
pose. 

For  the  maintenance  of  the  state  hospital  at  Tewksbury,  state  hospital 
a  sum  not  exceeding  thirty  thousand  dollars,  the  same  to  ""'    ^^  ^  "'^^' 
be  in  addition  to  any  amount  heretofore  appropriated  for 
this  purpose. 

For   current    expenses    at    the    state   farm,    a    sum    not  state  farm, 
exceeding  thirty  thousand  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for  this  pur- 
pose. 

For  the  printing  and  distribution  of  boiler  rules  of  the  printing,  etc., 
boiler  inspection  department  of  the  district  police,  a  sum  ° 
not   exceeding  five   hundred   dollars,    as   provided   for   by 
chapter  four  hundred  and  sixty-five  of  the  acts  of  the  year 
nineteen  hundred  and  seven. 

For  temporary  aid  rendered  by  cities  and  towns  to  state  Temporary 

T      1   . '  IT  r*         J 1  J.  ^    aid  to  state 

paupers  and  shipw^recked  seamen,  tor  the  present  year  and  paupers  and 
previous  years,  a  sum  not  exceeding  fifty  thousand  dollars,  sea^^n^.*'  '^ 
the  same  to  be  in  addition  to  any  amount  heretofore  a|> 
propriated  for  this  purpose. 

For  transportation  of  state  paupers  under  the  charge  of  '^o^^o^g^ate 
the  state  board  of  charity,  a  sum  not  exceeding  three  thou-  paupers, 
sand  dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  this  purpose. 

For  such  expenses  as  the  treasurer  and  receiver  general  Jna'^rec^lver 
may  find  necessary  in  carrying  out  the  provision  imposing  general. 
a  tax  on  collateral  legacies  and  successions,  a  sum  not  ex- 
ceeding one  thousand  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  this  purpose. 

For  expenses  in  connection  with  carrying  out  the  act  ^j^^f^'j^g®  °^ 
relative  to  the  observance  of  the  Lord's  day,  being  chaj>  day. 
ter  three  hundred  and  eighty-five  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  fifteen  hundred  dollars. 


75i 


Acts,  1908.  — Chap.  (333. 


Apparatus 
for  testing 
applicants 
for  moving 

Eicture 
censes. 


For  cxix^nses  in  connection  with  installing  apparatus 
for  testing  applicants  for  moving  picture  licenses,  as  pro- 
vided for  by  chapter  five  hundred  and  sixty-six  of  the  acts 
of  the  present  year,  a  sum  not  exceeding  one  thousand 
dollars. 

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

Approved  June  12,  190S. 


Sea  wall  to  be 
built  on  Broad 
canal  in  the 
city  of  Cam- 
bridge. 


(7A«25.633  An  Act  to  authorize  the  chakles  river  basin  com- 
mission TO  rebuild  a  certain   sea  wall  on  broad 

canal   in    the    city   of    CAMBRIDGE. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.  The  Charles  river  basin  commission,  cre- 
ated under  the  provisions  of  chapter  four  hundred  and 
sixty-five  of  the  acts  of  the  year  nineteen  hundred  and 
three,  is  hereby  authorized  and  required  to  rebuild  the  sea 
wall  on  the  premises  leased  by  the  Bay  State  Fuel  Com- 
pany on  Broad  Canal  in  the  city  of  Cambridge,  according 
to  a  plan  or  plans  mutually  agreed  upon  between  the  com- 
mission, the  Bay  State  Fuel  Company  and  the  owners  of 
the  land  whereon  the  sea  wall  is  to  be  rebuilt,  and  to  drive 
sheeting,  if  the  commission  deems  it  necessary,  for  a  dis- 
tance of  three  hundred  and  thirty  feet  from  station  eleven 
plus  seventy  of  the  commission's  survey  on  the  southerly 
side  of  Broad  Canal  in  the  city  of  Cambridge  to  station 
fifteen  hundred:  provided,  however .  that  before  the  com- 
mission does  any  work  under  authority  of  this  act  said 
Bay  State  Fuel  Com]:)any  and  the  owners  of  said  land  shall 
execute  and  deliver  to  the  commission  an  agreement  under 
seal  to  defend  the  commission  and  its  employees  and  agents, 
and  the  commissioners  personally  and  tlieir  successors, 
against  all  claims  of  every  name  and  nature  which  may  be 
prosecuted  at  law  or  in  equity  on  account  of  reducing  the 
navigable  width  of  the  canal  or  on  account  of  any  act  or 
acts  of  the  commission  in  carrying  out  the  ])rovisions  of 
this  act,  and  to  save  harmless  from  any  and  all  damages 
the  commonwealth  of  Massachusetts,  the  commission  and 
its  employees  and  agents,  and  the  commissioners  personally 
and  their  successors,  in  any  action  brought  as  aforesaid, 
and  expressly  providing  that  said  Bay  State  Fuel  Com- 
pany and  said  owners  of  said  land  shall  hold  the  common- 


Proviso. 


Acts,  1908.  — Chap.  633.  755 

wealth  of  Massachusetts,  the  commission,  its  members  and 
their  successors,  and  its  employees  and  agents  harmless 
against  any  and  all  damage  to  buildings  or  other  property 
of  said  Bay  State  Fuel  Com])any  or  of  said  owners  of  said 
land,  resulting  from  the  carrying  out  of  the  provisions  of 
this  act,  and  also  i^roviding  that  the  Bay  State  Fuel  Com- 
pany shall  repay  to  the  commonwealth  one  third  part  of 
the  expense  incurred  by  the  commission  hereunder,  and 
further  providing  that,  after  the  completion  of  the  work 
done  by  the  commission  under  authority  of  this  act,  no 
repairs  on  or  rebuilding  of  said  walls  or  wharves  leased 
by  the  Bay  State  Fuel  Company  shall  be  required  to  he 
done  by  the  commonwealth,  and  upon  the  further  condi- 
tions that,  as  the  work  progresses,  the  Bay  State  Fuel 
Company  shall  remove  buildings  or  parts  of  buildings  as 
the  commission  or  its  employees  may  require,  and  shall 
prevent  coal  and  earth  from  sliding  into  any  excavation 
made  by  the  commission  for  rebuilding  the  wall,  and  shall 
provide  storage  room  on  the  property  for  the  earth  and 
stone  excavated  by  the  commission  in  rebuilding  the  wall, 
and  shall  permit  the  commission  to  occupy  such  space  as 
it  may  require  for  the  prosecution  of  the  work;  and  pro-  Proviso. 
vided,  further,  that  before  the  said  commission  shall  do 
any  work  hereunder,  the  Bay  State  Fuel  Company  and 
the  owners  of  said  land  shall  execute  and  deliver  a  bond 
satisfactory  to  the  commission  both  as  to  amount  and 
otherwise,  with  a  surety  or  sureties  approved  by  said  com- 
mission, guaranteeing  ihe  faithful  performance  upon  the 
part  of  said  Bay  State  Fuel  Company  and  the  owners  of 
said  land,  of  the  agreements  herein  provided  to  be  made 
and  performed  upon  their  part. 

Section  2.     All  expenses  incurred  in  carrying  out  the  Payment  of 
provisions  of  this  act  shall  be  paid  out  of  the  treasury  of  ^^p^°®^^- 
the  commonwealth  in  the  same  manner  as  all  other  ex- 
penses incurred  under  the  provisions  of  chapter  four  hun- 
dred and  sixty-iive  of  the  acts  of  the  year  nineteen  hun- 
dred and  three. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  12,  190S. 


756  Acts,  1908.  — Chaps.  634,  635. 


Chap.6d4:  Ax  Act  making  an  appropriation  for  the  publica- 
tion OF  A  RECORD  OF  MASSACHUSETTS  SOLDIERS  AND 
SAILORS    WHO    SERVED    IN    THE    WAR   OF    THE    REBELLION. 


Publication  of        Section    1.      Thc   siiiu   of   elevon   thousand   dollars   is 

record  ot 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Thc  sum  of 
soifiiors  and  hereby  appropriated,  to  be  paid  out  of  the  treasury  of  the 
commonwealth  from  the  ordinary  revenue,  for  expenses  in 
connection  with  the  publication  of  a  record  of  Massachu- 
setts troops  and  officers,  sailors  and  marines,  in  the  war  of 
the  rebellion.  One  thousand  dollars  of  said  sum  shall  be 
used  for  the  employment  of  two  additional  clerks. 

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

Approved  June  12,  1908. 

Chap.635  An  Act   relative   to   the    time   for  acceptance   of 

CHAPTER  FIVE   HUNDRED  AND  TWENTY-ONE   OF  THE  ACTS 
OF   THE    YEAR   NINETEEN   HUNDRED  AND   EIGHT. 

Be  it  enacted,  etc.,  as  follows: 
1908. 521,  §  14,       Section  1.     Section  fourteen  of  chapter  five  hundred 

amended.  ,  .      ,  „      ,  *-  •      i  ^ 

and  twenty-one  oi  the  acts  oi  the  current  year  is  hereby 
amended  by  striking  out  the  words  "  within  one  mouth  ", 
in  the  third  line,  and  the  words  "  within  two  months  after 
its  passage  ",  in  the  fifth  line,  and  by  inserting  in  place 
thereof  in  both  instances  the  words :  —  before  October  first, 
nineteen  hundred  and  eight,  —  so  as  to  read  as  follows : 

When  to  take  — ScctioTi  IJf-.  Tliis  act  shall  take  effect  upon  its  accept- 
ance by  the  board  of  aldermen,  approved  by  the  mayor  of 
the  cities  of  Somerville  and  Medford,  respectively,  before 
October  first,  nineteen  hundred  and  eight ;  and  by  the  com- 
pany by  vote  of  its  board  of  directors  and  return  thereof, 
filed  in  the  office  of  the   secretary  of  the  commonwealth 

In  case  of         bcfore  Octobcr  first,  nineteen  hundred  and  eight.     If  the 

delay  in  con-  .  '  •        i    i  ^    ^        t^- 

struction  coustructiou  of  saul  railway  is  delayed  by  litigation,  un- 

company  may  i^  ,t  ±x,  ^ 

apply  for  foresccn  casualty  or  other  cause,  the  company  may  apply 

timl?etc"  "  to  the  board  for  extension  of  the  time  therefor,  and  the 
board,  upon  notice  to  the  cities  of  Somerville  and  ]\Iedford, 
and  upon  hearing  and  proof  that  such  litigation  is  not  col- 
lusive or  that  such  casualty  or  other  cause  was  not  due  to 
the  fault  of  the  company,  may  determine  what  extension 


Acts,  1908.  — Cmvi-.  63G.  757 

of  the  time  may  reasonably  be  allowed  for  the  completion 
of  the  railway,  and  such  further  time  shall  thereupon  be 
allowed  therefor. 

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

Approved  June  12,  1908. 

Ax  Act  relative   to   the   price   at   which   railro.\d  QJiap.QSQ 

CORPORATIONS   AND    STREET    RAILWAY    COMPANIES   SHALL 
offer   new   STOCK    TO    THEIR    STOCKHOLDERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Any  railroad,  street  railway,  electric  rail-  Jl'ihw  ^or-''^ 
road    or    elevated    railway    company    which    is    in    actual  P;;eet'""fi.^"'^ 
possession  of  and  operating  a  railroad  or  railway  shall,  ^i^J'3'^" 
upon  any  increase  of  its  capital  stock,  except  as  provided  °^^®J,.°^J^jheir 
in  the  following  section,  offer  the  new  shares  proportion-  stockholders, 
ately  to  its  stockholders  at  such  price  not  less  than  the  par 
value  thereof  as  may  be  determined  by  its  stockholders. 
The  directors  upon  the  approval  of  such  increase,  as  pro- 
vided in  section  sixty-five  of  Part  II  and  section  one  hun- 
dred and  seven  of  Part  III  of  chapter  four  hundred  and 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and 
six,  shall  cause  written  notice  of  such  increase  to  be  given 
to  each  stockholder  of  record  upon  the  books  of  the  com- 
pany at  the  date  of  the  vote  to  increase,  stating  the  amount 
of  the  increase,  the  number  of  shares  or  fractions  of  shares 
to  which,   according  to  the  proportionate  number  of   his 
shares  at  the  date  of  the  vote  to  increase,  he  is  entitled, 
the  price  at  which  he  is  entitled  to  take  them,  and  fixing  a 
time  not  less  than  fifteen  days  after  the  date  of  such  vote 
to  increase  within  which  he  may  subscribe  for  such  addi- 
tional stock.   Each  stockholder  may  within  the  time  limited 
subscribe  for  his  portion  of  such  stock,  which  shall  be  paid 
for  in  cash  before  the  issue  of  a  certificate  therefor. 

Section  2.     If  the  increase  in  the  capital  stock  which  shares  may  be 
is  subject  to  the  provisions  of  the  preceding  section  does  auction 'in 
not  exceed  four  per  cent  of  the  existing  capital  stock  of  etc*^'"  '^^^^^' 
the  company,  the  directors,  without  first  offering  the  same 
to  the  stockholders,  may  sell  shares  by  auction  to  the  high- 
est bidder,  at  not  less  than  the  par  value  thereof,  to  be 
actually  paid  in  cash.     They  may  also  so  sell  at  public  auc- 
tion any  shares,  which,  after  the  expiration  of  the  time 


758 


Acts,  1908.  — Chap.  637. 


Determination 
of  railroad 
commis- 
sioners as  to 
amount  of 
stock  to  be 
issued  shall 
be  based  upon 
price,  etc. 


Proviso. 


Repeal 


limited  iu  the  notice  required  bv  the  preceding  section, 
remain  unsubscribed  for  bj  the  stockholders  entitletl  to 
take  them.  Such  shares  shall  be  oii'ered  for  sale  in  the 
citj  of  Boston,  or  in  such  other  city  or  town  as  may  be 
prescribed  by  the  board  of  railroad  commissioners ;  and 
notice  of  the  time  and  place  of  such  sale  shall  be  published 
at  least  live  times  during  the  ten  days  immediately  pre- 
ceding the  sale  in  each  of  at  least  three  of  such  daily  news- 
papers as  may  be  prescribed  by  said  board,  Xo  shares 
shall  be  sold  or  issued  under  this  or  the  preceding  section 
for  a  less  amount  to  be  actually  paid  in  cash  than  the  par 
value  thereof. 

Section  8,  The  determination  by  the  board  of  railroad 
commissioners,  under  the  provisions  of  section  sixty-five  of 
said  Part  II  and  section  one  hundred  and  seven  of  said 
Part  III,  as  to  the  amount  of  stock  which  is  reasonably 
necessary  for  the  purpose  for  which  such  stock  has  been 
authorized  shall,  in  the  case  of  the  corporations  described 
in  this  act,  be  based  upon  the  price  at  which  such  stock  is 
to  be  issued  as  fixed  by  the  stockholders :  provided,  that 
the  board  shall  refuse  to  approve  any  particular  issue  of 
stock  if,  in  the  opinion  of  the  board,  the  price  fixed  by  the 
stockholders  is  so  low  as  to  be  inconsistent  with  the  public 
interest, 

Sectiox  4.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed,  so  far  as  they  apply  to  corpora- 
tions described  in  this  act. 

Section  5,     This  act  shall  take  effect  upon  its  passage. 

Approved  June  13,  1908. 


CJiap.637  Ax  Act  to  authorize   the  appointment   by  certain 

COURTS  OF  PROBATION  OFFICERS  FOR  CHILDREN, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  justice  of  each  police,  district  and 
municipal  court  included  in  classes  B,  C,  D,  E  and  F,  as 
said  classes  are  defined  by  chapter  four  hundred  and  fifty- 
three  of  the  acts  of  the  year  nineteen  hundred  and  four 
and  acts  in  amendment  thereof,  if  not  now  authorized  to 
appoint  a  probation  officer  for  wayward  and  delinquent 
children,  may  appoint  such  officer,  who  shall  hold  office 
during  the  pleasure  of  the  court  which  makes  the  appoint- 


Appointment 
by  certain 
courts  of 
probation 
officers  for 
children. 


Acts,  1908.  — Chaps.  (338,  639.  759 

nient  and  shall  receive  from  the  county  such  salary  as  the 
court,  with  the  approval  of  the  county  commissioners,  shall 
tix.  The  justice  of  each  police,  district  and  municipal 
court  not  included  in  the  said  classes,  excepting  the  mu- 
nicipal court  of  the  city  of  Boston  and  the  central  district 
court  of  Worcester,  may  appoint  such  an  officer  who  shall 
serve  without  compensation.  Salaried  probation  ofhcers 
appointed  as  herein  provided  shall  have,  and,  by  direction 
of  the  court,  unpaid  officers  may  have,  in  cases  of  such 
children  and  of  juvenile  offenders,  the  power  and  authority 
of  probation  officers.  But  no  such  officer  shall  be  appointed 
until  the  commission  on  probation,  established  by  chapter 
four  hundred  and  sixty-five  of  the  acts  of  the  present  year, 
shall  certify  that  his  appointment  is  necessary. 

Sectiox   2.      The  justice  of  every  police,  district  and  ^rob'atTon 
municipal  court,  excepting  the  municipal  court  of  the  city  officers,  ap- 

A  '  /         ^  i  1        •  r*^    pointment,  etc. 

of  Boston,  may  appoint  one  or  more  deputy  probation  offi- 
cers without  compensation.  They  shall  assist  probation  offi- 
cers for  wayward  and  delinquent  children  in  such  ways  as 
the  court  shall  direct. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  IS,  1908. 

An  Act   to  define  the  term  "  state  officials  "   in  H'knr,^  (^QQ 

CONNECTION  W^ITII   CERTAIN   DUTIES   OF  THE  AUDITOR  OF 
ACCOUNTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  term  ''  state  officials  ",  as  used  in  chap-  Term  "state 
ter  one  hundred  and  thirty-nine  of  the  acts  of  the  year  dffinS" 
nineteen  hundred  and  seven,  shall  be  construed  as  apply- 
ing only  to  those  officials  whose  accounts  the  controller  of 
county  accounts  is  not  by  law  required  to  examine. 

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

Approved  June  IS,  1008. 

An   Act  to  provide  for  the  establishment  of  the  nhf^.^i  fiSQ 

INDUSTRIAL  SCHOOL  FOR  BOYS. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     The  governor,  with  the  advice  and  consent  Trustees  of 
of  the  council,   shall,   during  the  month  of  June   of  the  Schoorfor 
current  year,  appoint  a  board  of  seven  trustees,  two  of  Smmint,  etc. 


760  Acts,  1908.  — Chap.  639. 

whom  shall  be  women,  in  whom  and  in  their  successors 
shall  be  vested  the  government  and  management  of  a  school 
for  the  industrial  training  and  for  the  instruction  and  re- 
formatory treatment  of  boys  committed  thereto.  Said 
institution  shall  be  known  as  the  Industrial  School  for 
Boys.  The  terms  of  office  of  the  trustees  shall  begin  on 
the  first  day  of  July  following  their  appointment.  Of  the 
trustees  first  appointed  under  this  act  two  shall  hold  office 
for  two  years,  two  for  three  years,  two  for  four  years  and 
one  for  five  years,  or  until  their  successors  are  appointed ; 
and  the  governor  shall  appoint  annually  thereafter,  in  the 
month  of  June,  successors  of  the  trustees  whose  terms  are 
about  to  expire,  and  such  successors  shall  hold  office  for 
five  years  from  the  first  day  of  July  next  ensuing.  Said 
board  shall  be  a  corporation  for  the  purpose  of  taking, 
holding  and  investing  in  trust  for  the  commonwealth  any 
grant  or  devise  of  land,  or  any  gift  or  bequest  of  money  or 
other  personal  property  made  for  the  use  of  said  school. 
Said  trustees  are  hereby  authorized  to  purchase,  in  behalf 
of  the  commonwealth,  real  estate,  with  such  personal  prop- 
erty as  may  be  upon  the  same,  as  a  site  for  said  school. 
May  erect  and        Section"  2.     With  the  approval  of  the  state  board  of 

repair  build-  i         •  i  i      -n  t 

ings,  make        charitv  tlic  trustces   mav   erect  new   buildins's,   and   mav 

contracts,  ,  "^       ,  .,.,,.    "^  ,  ^'  ,  i 

employ  agents,  alter  and  repair  buildings  upon  the  pro])erty  purchased. 
They  may  also  equip  and  furnish  buildings  so  erected, 
altered  or  repaired.  Said  trustees  shall  have  authority  to 
make  all  contracts  and  employ  all  agents  necessary  to  carry 
out  the  provisions  of  this  act.  Their  reasonable  expenses 
incurred  in  the  performance  of  their  duties  under  the  first 
two  sections  of  this  act  shall  be  paid  from  the  appropria- 
tion for  carrying  out  the  provisions  hereof.  For  the  pur- 
pose of  carrying  out  the  ])rovisions  of  the  first  two  sections 
of  this  act  the  trustees  of  said  school  may  expend  a  sum 
not  exceeding  eighty-five  thousand  dollars,  but  no  expendi- 
ture shall  be  made  under  said  sections  except  for  the  pur- 
chase of  a  site  for  said  school  and  for  plans,  until  said 
state  board  shall  certify  that  in  its  opinion  the  cost  of  pur- 
chasing land  and  buildings,  as  aforesaid,  of  altering  and 
repairing  Iniildings  upon  the  land  ])urchased,  of  erecting 
and  making  ready  for  occupancy  any  new  building  or 
buildings  under  the  provisions  of  this  section,  and  of  fur- 
nishing and  equipping  any  building  erected,  altered  or  re- 


Acts,,  1908.  — Chap.  639.  761 

paired  as  aforesaid,  will  not  exceed  eighty-five  thousand 
dollars,  and  the  total  ex|)enditnres  made  and  liabilities  in- 
curred under  the  provisions  of  said  sections  shall  not  ex- 
ceed that  amount. 

Section  3.     When  the  buildings  are  ready  for  occu-  when  buiia- 
pancy  the  trustees   shall   notify  the  governor,   who   shall  reldy^ftr 
thereupon  issue  his  proclamation  establishing  said  school ;  gSvemor  to 
and  thereafter,  if  it  shall  appear  to  any  police,  district  or  jamluon^" 
municipal  court  or  trial  justice  that  any  boy  not  less  than  Commitments, 
fifteen  years  of  age  who  has  been  adjudged  to  be  a  de- 
linquent child,  or  any  boy  not  less  than  fifteen  nor  more 
than  eighteen  years  of  age  who  has  been  convicted  of  any 
offence  punishable  by  imprisonment  other  than  imprison- 
ment for  life,  is  a  suitable  subject  for  said  school,  and  that 
his  welfare  and  the  good  of  society  require  that  he  should 
be  seut  thereto  for  industrial  training,  for  instruction  and 
for  reformatory  treatment,  the  court  may  issue  a  warrant 
of  commitment  to  said  school.     So  far  as  they  are  appli- 
cable, except  as  herein  otherwise  provided,  all  provisions 
of  law  in  relation  to  commitments  to  the  Lyman  school 
for  boys  shall  extend  to  commitments  to  said  industrial 
school.     A  boy  committed  to  said  school  as  aforesaid  may 
be  held  therein  until  he  attains  the  age  of  twenty-one  years, 
and  the  custody  of  such  boy  shall  be  in  said  trustees  until 
that  age  is  attained,  excepting  during  such  time  as  he  shall 
be  absent  from  said  school  in  the  Massachusetts  reforma- 
tory.     Said  trustees   may   release  from   said   school  upon  inmates  may 
probation  any  inmate  thereof,   and  may  recall  him  from  upo'^^proba- 
probation.     They  may  employ  such  agents  as  may  be  re-  *'""'  '^^'^' 
quired  for  the  care  of  such  probationers. 

Section   4.      TTpon  the   request  of  the  trustees  of  the  inmates  of 
Lyman   school   for   boys,    the   trustees    of   said    industrial  mionVmay 
school  may  transfer  to  it  any  inmate  of  said  Lyman  school,  be^<ransferred, 
and  may  transfer  any  inmate  of  said  industrial  school  to 
said  L}Tnan  school  with  the  consent  of  its  trustees.     The 
trustees  for  children  of  the  city  of  Boston  may  transfer  to 
said  industrial  school  any  boy  committed  to  the  Sutfolk 
school  for  boys  after  the  passage  of  this  act.     Upon  appli- 
cation of  the  trustees,  the  prison  commissioners  may  re- 
move to  the  Massachusetts  reformatory  any  inmate  of  said 
industrial    school,    and    u]X)n    a    further    application   may 
return  him  to  said  schooL     A  boy  so  removed  to  said  re- 


762 


Acts,  1908.  — Chap.  639. 


i 


Trustees  to 
establish  rules, 
regulations, 
etc. 


Superin- 
tendent. 


Powers  and 
duties,  etc., 
of  trustees 
and  state 
board  of 
charity. 


Certain  pro- 
visions of  law 
to  apply. 


Prison  and 

Hospital 

Loan. 


formatory  shall  be  subject  to  all  laws  relating  to  the  other 
inmates  thereof  until  he  is  returned  to  said  school.  With 
the  consent  of  the  trustees,  the  prison  commissioners  may 
remove  to  said  industrial  school  any  boy  under  the  age  of 
seventeen  years  who  is  sentenced  to  the  Massachusetts  re- 
formatory. When  a  boy  is  removed  or  returned  un(l(>r 
this  act,  all  mittimuses,  processes  and  other  official  papers, 
or  copies  thereof,  by  which  he  is  held,  shall  be  removed  or 
returned  with  him ;  and  he  may  be  held  in  the  institution 
to  which  he  is  removed  or  returned  until  the  expiration  of 
the  term  for  which  he  was  originally  committed.  After 
the  establishment  of  said  industrial  school,  no  boy  who  is 
more  than  fifteen  years  of  age  shall  be  committed  to  the 
Suffolk  school  for  boys. 

Section  5.  The  trustees  shall  have  general  charge  of 
said  school  and  of  all  its  interests.  They  shall,  from  time 
to  time,  establish  rules,  regulations  and  by-laws  for  its 
government,  for  the  direction  of  its  officers  and  the  instruc- 
tion and  discipline  of  its  inmates ;  and  they  shall  see  that 
its  affairs  are  conducted  according  to  law  and  to  said 
rules,  regulations  and  by-laws.  They  shall  appoint  a  suj^er- 
intendent  who  shall  be  the  executive  officer  of  the  school 
and,  subject  to  the  approval  of  the  governor  and  council, 
they  shall  fix  his  compensation. 

Section  6.  Said  trustees  and  the  state  board  of  charity 
shall  have  the  same  rights  and  powers,  be  charged  with 
the  same  duties  and  be  subject  to  the  same  responsibilities 
in  regard  to  said  industrial  school  and  to  the  officers  and 
inmates  thereof  as  by  law  are  given  to  or  imposed  upon 
said  board  and  upon  the  trustees  of  the  Lyman  and  in- 
dustrial schools  in  regard  to  the  Lyman  school  for  boys 
and  its  officers  and  inmates.  Sections  six,  seven  and  nine 
of  chapter  eighty-six  of  the  Eevised  Laws  shall  apply  to 
th(>  superintendent  of  said  school ;  and  all  other  laws  in 
relation  to  the  duties,  powers  and  obligations  of  officers  of 
said  Lyman  school,  so  far  as  they  may  be  applicable,  shall 
extend  to  officers  of  the  said  industrial  school. 

Section  7.  For  the  purpose  of  meeting  the  expenses 
incurred  under  the  provisions  of  this  act,  the  treasurer 
and  receiver  general  is  hereby  authorized,  with  the  a]> 
proval  of  the  governor  and  council,  to  issue  scri]i  (tr  cer- 
tificates of  indebtedness  to  an  amount  not  exceeding  eighty- 


Acts,  1908.  — Chap.  640.  763 

five  tlioiisand  dollars,  for  terms  not  exceeding-  tliirty  years. 
Suck  scrip  or  certificates  of  indebtedness  shall  be  issued 
as  registered  bonds  or  with  interest  coupons  attached,  and 
shall  bear  interest  at  a  rate  not  exceeding  four  per  cent 
per  annum,  payable  semi-annually  on  the  first  days  of 
May  and  j^ovember.  They  shall  be  designated  on  the 
face  thereof,  Prison  and  Hospital  Loan,  shall  be  counter- 
signed by  the  governor,  shall  be  deemed  a  pledge  of  the 
faith  and  credit  of  the  commonwealth,  and  the  principal 
and  interest  thereof  shall  be  paid  at  the  times  specified 
therein  in  gold  coin  of  the  United  States  or  its  equivalent. 
Such  scrip  or  certificates  of  indebtedness  shall  be  disposed 
of  at  public  auction,  or  in  such  other  manner,  and  at  such 
times  and  prices,  and  in  such  amounts,  and  shall  bear  such 
rates  of  interest,  not  exceeding  four  per  cent  per  annum, 
as  shall  be  deemed  best  for  the  commonwealth,  but  none 
of  the  same  shall  be  sold  at  less  than  the  par  value  thereof. 
The  sinking  fund  established  by  chapter  three  hundred  and  gl"*^"^  ^"°'^' 
ninety-one  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-four,  known  as  the  Prison  and  Hospital  Loan  Sink- 
ing Fund,  shall  also  be  maintained  for  the  purpose  of  ex- 
tinguishing bonds  issued  under  the  authority  of  this  act ; 
and  the  treasurer  and  receiver  general  shall  apportion 
thereto  from  year  to  year  an  amount  sufficient  with  the 
accumulations  of  said  fund  to  extinguish  at  maturity  the 
debt  incurred  by  the  issue  of  said  bonds.  The  amount 
necessary  to  meet  the  annual  sinking  fund  requirements 
and  to  pay  the  interest  on  said  bonds  shall  be  raised  by 
taxation  from  year  to  year. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  IS,  1908. 

Ax  Act  eelative  to  the  beidge  ovee  the  meeeimac  f^jf^^^  ^IQ 

EIVEE    BETWEEN    THE    CITY   OF    NEWBUEYPOET    AXD   DEEE 
ISLAXD  IN   THE   TOWN   OF   AMESBUEY. 

Be  it  enacted,  etc.,  as  foUoics: 

Section  1.     Subject  to  the  provisions  of  chapter  ninety-  chain  bridge 
six  of  the  Revised  Laws  and  of  all  amendments  thereof,  MeTrimL 
the  county  commissioners  of  the  county  of  Essex  are  hereby  repaired  or'^^ 
authorized  and  directed  to  repair  or  reconstruct,  with  suit-  reconstructed, 
able  approaches,  the  chain  bridge  in  its  present  form,  over 


TGi 


Acts,  1908.  — Chap.  640. 


Payment  of 
expense. 


Proviso. 


The  Citizens' 
Electric 
Street  Rail- 
way Company 
may  be 
granted  a 
location,  etc. 


County  com- 
missioners may 
borrow  on 
credit  of 
county,  etc. 


Apportion- 
ment of 
expense,  etc. 


the  Merrimae  river  between  the  city  of  Xewbiirvport  and 
Deer  Island  in  the  town  of  Aniesbiirj  at  an  expense  not 
exceeding  forty  thousand  dollars. 

Section  2.  The  expense  incurred  under  this  act  shall 
be  paid  in  the  first  instance  from  the  treasury  of  the  county 
of  Essex.  The  Citizens'  Electric  Street  Railway  Company 
shall  pay  into  the  treasury  of  said  county  as  its  proportion 
of  the  exj3ense  of  repairing  or  reconstructing  said  bridge 
and  the  approaches  thereto  a  sum  equal  to  ten  per  cent  of 
said  expense,  but  not  exceeding  the  sum  of  four  thousand 
dollars:  iwov'ided,  that  said  com])any  shall  pay  into  the 
treasury  of  said  county  the  said  amount,  and  shall  enter 
into  an  agreement  with  the  county  commissioners  of  said 
county  to  keep  that  part  of  the  roadway  upon  said  bridge 
between  the  tracks  of  the  company  and  eighteen  inches  out- 
side thereof  in  repair  and  safe  for  public  travel,  subject 
to  such  conditious  as  said  commissioners  shall  impose,  the 
said  company  shall  thereupon  have,  and  is  hereby  granted, 
a  location  upon  said  bridge  for  the  construction  and  main- 
tenance of  its  tracks,  poles  and  wires,  and  for  the  operation 
of  its  railway.  The  location  so  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  com- 
missioners. The  amount  of  any  assessment  paid  by  said 
company  under  this  section  shall  be  deemed,  in  all  pro- 
ceedings 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  commis- 
sioners as  reasonably  necessary  to  provide  for  the  payment 
thereof.  The  county  commissioners  of  said  county  are 
hereby  authorized  and  directed  to  borrow  on  the  credit  of 
the  county  such  sums  of  money  as  may  from  time  to  time 
be  re(piired  for  the  cost  and  expenses  aforesaid.  All 
moneys  so  borrowed  shall  be  de])osited  in  the  county  treas- 
ury, and  the  treasurer  of  the  county  shall  pay  out  the  same 
as  ordered  by  the  county  commissioners,  and  shall  keep  a 
separate  and  accurate  account  of  all  sums  borrowed  and 
ex]")ended,   iiieluding  interest. 

Secttox  3.  Upon  the  completion  of  the  repair  or  re- 
construction  of   the    said   bridge   and    its   approaches,   the 


Acts,  1908.  — Chap.  640.  765 

eountv  commissioners  shall  file  in  the  office  of  the  clerk  of  Apportion- 
courts  for  the  county  of  Essex,  a  detailed  statement,  certi-  expense,  etc. 
fied  under  their  hands,  of  the  actual  cost  thereof,  and, 
within  three  months  after  the  filing  of  the  statement,  they 
shall,  after  such  notice  as  they  may  deem  proper  and  a 
hearing,  apportion  and  assess  upon  the  city  of  Xewbury- 
port,  and  upon  such  towns  as  in  their  judgment  derive  a 
special  benefit  from  the  bridge,  forty-five  per  cent  of  the 
said  cost  and  in  such  proportion  as  they  may  determine. 
Said  commissioners  shall  file  in  the  office  of  the  clerk  of 
courts  of  the  county  a  report  of  the  apportionment,  and  the 
clerk  shall  transmit  a  true  and  attested  copy  thereof  to  the 
mayor  of  the  city  of  ]Srewburyjx)rt  and  to  the  selectmen  of 
the  towns  mentioned  therein ;  and  said  city  and  each  of 
said  to^Tis  shall  pay  its  proportion  of  said  cost,  determined 
as  aforesaid,  into  the  treasury  of  the  county  of  Essex,  in 
such  manner  and  within  such  time  as  the  county  commis- 
sioners may  direct ;  and  if  the  city  of  Xewburyport  or  any 
to^vn  shall  neglect  or  refuse  to  pay  its  proportion  as  afore- 
said, the  said  commissioners  shall,  after  notice  to  the  city 
or  town,  issue  a  warrant  against  the  city  or  town  for  its 
proportion,  with  interest  and  the  costs  of  the  notice  and 
warrant,  and  the  same  shall  be  collected  and  paid  into  the 
treasury  of  said  county,  to  be  applied  in  payment  of  the 
expense  aforesaid. 

Sectioi^  4.     The  expense  of  maintenance  of  the  said  Expense  of 

.  ^  .  .  maintenance, 

bridge,  repaired  or  reconstructed,  shall,  in  the  first  instance,  etc. 
be  paid  out  of  the  treasury  of  the  county  of  Essex.  The 
county  commissioners  of  the  county  shall  have  full  control 
of  the  bridge,  and  shall,  annually  in  the  month  of  i^ovem- 
ber,  submit  to  the  city  of  Xewburyport  a  true  statement  of 
the  expense  of  its  maintenance ;  and  within  thirty  days 
thereafter  the  city  shall  pay  into  the  treasury  of  the  county 
sixty  per  cent  of  said  expense,  and  if  the  city  shall  neglect 
or  refuse  to  pay  the  same,  the  commissioners  may,  after  a 
notice  to  the  city,  issue  a  warrant  for  the  same,  with  in- 
terest and  the  costs  of  the  notice  and  warrant,  and  the 
same  shall  be  collected  and  paid  into  the  treasury  of  the 
county  to  be  applied  in  payment  of  the  expenses  aforesaid. 

Section  5.  Any  street  railway  company  having  a  loca-  street  railway 
tion  upon  the  said  bridge  shall  annually  pay  into  the  treas-  fng"iocatioif^' 
ury  of  the  county  of  Essex  a  portion  of  the  total  excise  "o  make^^* 


'06 


Acts,  1908.  — Chaps.  641,  642. 


annual  pay- 
ments, etc. 


County  com- 
missioners not 
disqualified, 
etc. 


Repeal. 


and  franchise  taxes  payable  by  such  company,  equivalent 
to  the  proportion  of  its  mileage  located  upon  said  bridge  to 
its  total  mileage,  determined  according  to  law,  toward 
keeping  said  bridge  in  repair. 

Section  G.  JS^o  member  of  the  board  of  county  com- 
missioners shall  be  disqualified  from  serving  under  this 
act  by  reason  of  his  residence  in  any  city  within  the  limits 
of  which  any  part  of  said  bridge  or  its  approaches  may 
lie,  any  provision  of  section  twenty  of  chapter  twenty  of 
the  Revised  Laws  to  the  contrary  notwithstanding. 

Section  7.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  13,  1908. 


(7A«p.641 


Cornelius  F. 
Reagan  to  be 
reinstated  in 
the  police 
department 
of  Boston. 


An  Act  to  provide  foe  the  reinstatement  of  Cor- 
nelius F.  REAGAN  IN  THE  POLICE  DEPARTMENT  OF  THE 
CITY  OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  police  commissioner  of  the  city  of 
Boston  is  hereby  authorized  to  reinstate  or  re-employ  in 
the  police  department  of  said  city  Cornelius  F.  Reagan 
who  was  discharged  therefrom  in  the  year  nineteen  hun- 
dred and  eight.  The  said  Reagan  may  be  reinstated  or 
re-employed  without  any  action  on  the  part  of  the  civil 
service  commissioners. 

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

Approved  June  13,  1908. 


Chap.6^2  An  Act  to  authorize  the  use  for  the  maintenance 

OF     STATE     HIGHWAYS     OF     CERTAIN     FEES     RECEIVED     BY 
THE    MASSACHUSETTS    HIGHWAY    COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 
1903, 473.  j  12,       Section  1.     Section  twcdve  of  chapter  four  hundred  and 

etc.,  amended.  '    . 

seventy-three  of  the  acts  of  the  year  nineteen  hundred  and 
three,  as  amended  by  section  three  of  cha])ter  five  hundred 
and  eighty  of  the  acts  of  the  year  nineteen  hundred  and 
seven,  is  hereby  furtlun-  amended  by  striking  out  said  sec- 
tion twelve  and .  inserting  in  place  thereof  the  following 


Acts,  1908.  — Chap.  6i3.  767 

new  section:  —  Section  I^.     The  fees  received  under  the  Fees  to  be 
provisions  of  this  act,  together  with  all  other  fees  received  freasury° 
bv  the  Massachusetts  highway  commission  under  the  laws  ™°''*   >.etc. 
of  the  commonwealth  relating  to  the  use  and  operation  of 
automobiles  and  motor  cycles,  shall  be  paid  monthly  into 
the  treasury  of  the  commonwealth  by  the  secretary  of  said 
commission,  and  shall  be  used  for  such  expenses  as  may  be 
authorized  by  the  general  court  to  carry  out  the  provisions 
of  law  regulating  the  use  of  automobiles  and  motor  cycles, 
and  the  balance  shall  be  expended,  under  the  direction  of 
said  commission,  for  the  maintenance  of  state  highways, 
without  specific  appropriation  by  the  general  court,  in  ad- 
dition to  all  sums  already  appropriated  or  that  may  here- 
after be  appropriated  by  the  general  court  for  the  same 
purpose.     Xo  bills  or  schedules  for  work  or  materials  con-  Bills  or 
tracted  for  under  the  provisions  of  this  section  shall  be  be  approved, 
paid  unless  said  bills  and  schedules  are  approved  by  said  ^^'^' 
commission,  nor  until  after  audit  and  certification  by  the 
auditor  of  the  commonw^ealth  as  reqiiired  by  law  for  ex- 
penditures under  specific  appropriations.     The  provisions  certain  pro- 
of section  sixteen  of  chapter  forty-seven  of  the  Revised  not""©  apply! 
Laws  shall  not  apply  to  any  expenditure  made  under  an-  ^^''' 
thority  of  this  section  out  of  the  said  fees,  and  the  coim- 
ties  shall  not  be  required  to  repay  to  the  commonwealth 
any  part  of  the  expenditures  out  of  the  said  fees. 

Section  2.     All  money  now  in  the  Highw^ay  Mainte-  certain  money 
nance  Fund  created  by  section  three  of  said  chapter  five  for'the "ilfn- 
hundred  and  eighty  is  hereby  appropriated  for  the  mainte-  statThfghways. 
nance  of  the  state  highways,  to  be  expended  in  accordance 
with  the  provisions  of  section  twelve  of  chapter  four  hun- 
dred  and  seventy-three  of  the  acts   of  the  year  nineteen 
hundred  and  three  as  amended  by  section  one  of  this  act. 

Section  3,     This  act  shall  take  effect  upon  its  passage. 

Approved  June  13,  1908. 


CliapM^ 


Ax  Act  to  establish  the  stais^daed  of  milk. 
Be  it  enacted,  etc.,  as  follows: 

Chapter  fiftv-six  of  the  Revised  Laws  is  herebv  amended  R-  L.  56  §  56, 

1  ■■,   ■  '  .  ^^.  ,.  .      ^      .  ,  amended. 

by   striking   out    section   fiity-six    and    inserting   in    place 

thereof    the    following:  —  Section    56.      In    prosecutions  standard  of 

under  the  provisions  of  sections  fifty-one  to  sixty-four,  in-  {fshed^f*^^" 


768  Acts,  1908.  —  Chai's.  644,  645. 

elusive,  milk  which,  upon  analysis,  is  shown  to  contain 
less  than  twelve  and  fifteen  hundredths  per  cent  of  milk 
solids  or  less  than  three  and  thirty-five  hundredths  per 
cent  of  fat,  shall  not  he  considered  of  good  standard  quality. 

Approved  June  IS,  1908. 

Ch(tp.64A:  An   Act   making  additional,  appropriation   for  the 

CARE  AND  MAINTENANCE  OF  BOULEVARDS  AND  PARKWAYS 
IN    CHARGE    OF    THE    METROPOLITAN    PARK    COMMISSION. 

Be  it  enacted^  etc.,  as  follows: 
Care  and  Section  1.     The  additional  sum  hereinafter  mentioned 

maintenance         .  •  i      >  i  i  • 

of  boulevards,    is  appropriated  for  the  care  and  maintenance  of  boule- 

etc.    in  CDS.r£fC 

of  tiie  metro-     vards  and  parkwavs  in  charge  of  the  metropolitan  park 

politan  park  ..■,.".,         ,,         ,  ,.  ,  ,   .       .      , 

commission.  comniission  during  the  fiscal  year  ending  on  the  thirtieth 
day  of  November,  nineteen  hundred  and  eight,  one  half 
of  the  amount  to  be  paid  out  of  the  current  revenue  and 
the  other  half  to  be  assessed  upon  the  metropolitan  parks 
district  as  authorized  by  chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
nine,  to  wit:  —  For  lighting  Fresh  pond  parkway  in  Cam- 
bridge a  sum  not  exceeding  two  hundred  and  thirty-five 
dollars. 

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

Approved  June  IS,  1908. 

Chap.64:5  An  Act  relative  to  the  hours  of  labor  of  w^omen 

AND  MINORS. 

Be  it  enacted,  etc.,  as  follows: 
R.  L.  106,  §  24,       Section  1.     Section  twenty-four  of  chapter  one  hun- 

etc,  amended.  .  n     ^       -r^       •       t    -r  iii  i 

dred  and  six  of  the  Kevised  Laws,  as  amended  by  chapter 
four  hundred  and  thirty-five  of  the  acts  of  the  year  nine- 
teen hundred  and  two,  is  hereby  amended  by  striking  out 
the  word  "  fifty-eight  ",  in  the  eighth  line,  and  inserting 
in  place  thereof  the  word :  —  fifty-six,  —  and  also  by  in- 
serting after  the  word  "  week  ",  in  said  line,  the  follow- 
ing:—  except  that  in  any  such  establishment  where  the 
employment  is  by  seasons,  the  number  of  such  hours  in 
any  week  may  exceed  fifty-six,  but  not  fifty-eight,  pro- 
vided that  the  total  number  of  such  hours  in  any  year 
shall  not  exceed  an  average  of  fifty-six  hours  a  week  for 


Acts,  1908.  —  Cii.u-.  64.5.  769 

the  whole  year,  excluding  Sundays  and  holidays,  —  so  as 

to  read  as  follows :  —  Section  2Jf.    No  child  under  eighteen  Employment 

,  ini  1  I'll"  of  women  and 

vears  ol  age  and  no  woman  shall  be  employed  m  laboring  children  in 
in  a  manufacturing  or  mechanical  establishment  more  than  and"me^chaniclt 
ten  hours  in  any  one  day,  except  as  hereinafter  provided  ments.^''" 
in  this  section,  unless  a  different  apportionment  of  the 
hours  of  labor  is  made  for  the  sole  purpose  of  making  a 
shorter  day's  work  for  one  day  of  the  week ;  and  in  no  case 
shall  the  hours  of  labor  exceed  fifty-six  in  a  week,  except 
that  in  any  such  establishment  where  the  employment  is 
by  seasons,  the  number  of  such  hours  in  any  week  may 
exceed  fifty-six,  but  not  fifty-eight,  provided  that  the  total 
number  of  such  hours  in  any  year  shall  not  exceed  an 
average  of  fifty-six  hours  a  week  for  the  whole  year,  ex- 
cluding Sundays  and  holidays.  Every  employer  shall  post 
in  a  conspicuous  place  in  every  room  in  which  such  per- 
sons are  employed  a  printed  notice  stating  the  number  of 
hours'  work  required  of  them  on  each  day  of  the  week, 
the  hours  of  commencing  and  stopping  work,  and  the  hours 
when  the  time  allowed  for  meals  begins  and  ends  or,  in 
the  case  of  establishments  exempted  from  the  provisions 
of  sections  thirty-six  and  thirty-seven,  the  time,  if  any, 
allowed  for  meals.  The  printed  forms  of  such  notices  shall 
be  provided  by  the  chief  of  the  district  police,  after  ap- 
proval by  the  attorney-general.  The  employment  of  such 
person  at  any  time  other  than  as  stated  in  said  printed 
notice  shall  be  deemed  a  violation  of  the  provisions  of  this 
section  unless  it  appears  that  such  emplopnent  was  to  make 
up  time  lost  on  a  previous  day  of  the  same  week  in  conse- 
quence of  the  stopping  of  machinery  upon  which  he  was 
employed  or  dependent  for  employment ;  but  no  stopping 
of  machinery  for  less  than  thirty  consecutive  minutes  shall 
justify  such  overtime  employment,  nor  shall  such  overtime 
employment  be  authorized  until  a  written  report  of  the 
day  and  hour  of  its  occurrence  and  its  duration  is  sent  to 
the  chief  of  the  district  police  or  to  an  inspector  of  facto- 
ries and  public  buildings. 

SectiojSt  2.     This  act  shall  take  effect  on  the  first  day  when  to  take 
of  January  in  the  year  nineteen  hundred  and  ten.  ®^^'^*" 

Approved  June  13,  190S. 


770  Acts,  1908.  — Chaps.  6^G,  647. 


ChajJ.64:6  Ax  Act  to  authorize  accident  insurance  companies 

TO  INSURE  AGAINST  THE  BREAKAGE  OF  PLATE  GLASS. 

Be  it  enacted,  etc.,  as  follows: 
Certain  Section  1.     KwY  domestic  iiisiiraiice  company  and  any 

insurance  „         .  .  "  i  •    i      i  i  i      •         i 

companiesmay  foreien  insuraiice  company  %ynich  has  been  admitted  to 

insure  against  i         i         •  i>    •    '  •  i   •  i   i 

the  breakage  traiisact  the  Dusiness  01  insurance  m  this  commonwealth, 
if  such  domestic  or  foreign  company  is  authorized  to  trans- 
act the  kind  of  business  specified  in  clause  Fifth  of  section 
thirty-two  of  chapter  five  hundred  and  seventy-six  of  the 
acts  of  the  year  nineteen  hundred  and  seven,  as  amended 
by  chapter  two  hundred  and  forty-eight  of  the  acts  of  the 
year  nineteen  hundred  and  eight,  may  also  insure  against 
the  breakage  of  plate  glass,  local  or  in  transit,  provided 
that  such  company  has  a  paid-up  capital  of  not  less  than 
three  hundred  thousand  dollars. 

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

Approved  June  13,  1908. 


Chap.(j4:7  An  Act  to  authorize  the  municipal  authorities  of 

the  city  of  LOWELL  AND  THE  TOWN  OF  TYNGSBOROUGH, 
UNDER  CERTAIN  RESTRICTIONS,  TO  PERMIT  SPEED  TESTS 
OR  CONTESTS  BY  AUT0:M0BILES  UPON  HIGHWAYS  UPON 
CERTAIN  DAYS  IN  THE    CURRENT  YEAR. 

Be  it  enacted,  etc.,  as  folluirs: 

City  of  Lowell  Section  1.  The  mayor  and  board  of  aldermen  of  the 
Tyngsborough  city  of  Lowcll  aud  the  selectmen  of  the  town  of  Tyngs- 
spe'eifcomests  borough  may,  after  a  public  hearing,  upon  the  Fourth  of 
upon'cenai'n'^^  July  or  upon  Labor  Day  in  the  current  year  or  upon  the 
^'^y^-  i^ext  pleasant  day  if  the  weather  should  be  unfavorable  on 

either  of  said  holidays,  and  subject  to  such  regulations  con- 
cerning the  closing,  use  and  control  of  the  highways  as 
they  deem  necessary  for  public  convenience  and  safety, 
grant  permits  to  persons  to  drive  automobiles  in  s|">eed 
tests  or  contests  during  a  specified  time  and  upon  speci- 
fied parts  of  the  public  way  or  ways  at  any  rate  of  speed. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  13,  1908. 


Acts,  1908.  — Chap.  648.  771 

x\n  Act  relative  to  automobiles  and  motoe  cycles  (JJicip,Q4:S 

AND  to  the  OPEKATORS  THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  the  administration  of  the  laws  and  reg-  Massachusetts 
Illations  relative  to  automobiles  and  motor  cycles  and  to  mfssi^n^ma^' 
the  operators  thereof,  any  member  of  the  Massachnsetts  witnesses,  etc., 
highway  commission,  or  its  secretary  if  so  authorized  by  nJinl's^trtuon  of 
said  commission,  may  summon  witnesses  in  behalf  of  the  refatfve^to'^" 
commonwealth  and  may  administer  oaths  and  take  testi-  automobiles 

.      .  ,  .    .  and  motor 

mony.     Said  commission  may  also  cause  depositions  to  be  cycles,  etc. 
taken  and  may  order  the  production  of  books,  papers,  agree- 
ments and  documents.     Any  person  who  swears  or  atfirms 
falsely  in  regard  to  any  matter  or  thing  respecting  which 
an  oath  or  afhrmation  is  required  by  said  commission  shall 
be  deemed  guilty  of  perjury.    The  fees  for  the  attendance 
and  travel  of  witnesses  shall  be  the  same  as  for  witnesses 
before  the  superior  court,  and  shall  be  paid  by  the  com- 
monwealth upon  the  certificate  of  the  commission   filed 
with  the  auditor.     The  supreme  judicial  court  or  the  su-  Enforcement 
perior  court  shall  have  jurisdiction  in  equity,  upon  the  °^  orders. 
application  of  said  commission,  to  enforce  all  lawful  orders 
of  the  commission  under  this  section. 

Section   2.      The   Massachusetts   highway  commission  investigators 
shall  from  time  to  time  appoint  competent  persons,  not  appolmment."' 
exceeding  four  in  number,  to  act  as  investigators  and  ex-  p"^^"^-  ^*°- 
aminers ;  it  may  remove  them  for  cause  and  appoint  others 
in  their  places,  and  it  may  determine  their  compensation 
and  terms  of  service  and  define  their  duties.     Said  inspect- 
ors and  examiners,  with  respect  to  the  enforcement  of  all 
provisions  of  law  relative  to  automobiles  and  motor  cycles 
and  to  the  ownership  and  operation  thereof,  shall  have  and 
exercise  throughout  the  commonwealth   all  the  powers  of 
constables,  except  the  service  of  civil  process,  and  of  police 
officers  and  watchmen,  and  they  may  serve  all  processes 
lawfully  issued  by  said  commission.     The  said  commission 
may  investigate  the  cause  of  any  accident  in  which  any 
automobile  or  motor  cycle  was  involved  which  in  its  judg- 
ment requires  investigation.     "\Mienever  the  death  of  any  Licenses  of 
person  results  from  any  such  accident,  the  said  commission  beYevoke™*^ 
shall  forthwith  suspend  the  license  of  the  oj^erator  of  the  ^^'^^ 


772 


Acts,  1908.  — Chap.  648. 


1903,  473,  §  1, 
etc.,  amended. 


Registration 
of  automobiles 
and  motor 
cycle.s. 


automobile  or  motor  cycle  involved  in  said  accident  and 
order  the  said  license  to  be  delivered  to  it;  and  said  com- 
mission shall  revoke  the  same  unless,  upon  investigation  or 
after  a  hearing,  it  determines  that  the  accident  occurred 
without  serious  fault  upon  the  part  of  said  operator.  Xo 
operator  whose  license  is  revoked  under  the  provisions  of 
this  section  shall  be  licensed  again  within  six  months  after 
the  date  of  the  revocation,  nor  thereafter  except  in  the  dis- 
cretion of  said  commission. 

Sectioi!^^  3.  Section  one  of  chapter  four  hundred  and 
seventy-three  of  the  acts  of  the  year  nineteen  hundred  and 
three,  as  amended  by  section  two  of  chapter  three  hun- 
dretl  and  eleven  of  the  acts  of  the  year  nineteen  hundred 
and  five,  and  by  section  eight  of  chapter  four  hundred  and 
twelve  of  the  acts  of  the  year  nineteen  hundred  and  six, 
and  by  section  one  of  chapter  five  hundred  and  eighty  of 
the  acts  of  the  year  nineteen  hundred  and  seven,  is  hereby 
further  amended  by  inserting  after  the  word  "  section  ", 
in  the  sixty-third  line,  the  words :  —  But  if  any  such  non- 
resident be  convicted  of  violating  any  provision  of  the 
laws  of  this  commonwealth  relating  to  automobiles  and 
motor  cycles  or  to  the  operators  thereof  by  any  court  or 
trial  justice,  Avhether  or  not  he  appeals,  he  shall  thereafter 
be  subject  to  and  required  to  comply  with  all  the  provi- 
sions of  this  act  relating  to  the  registration  of  motor  ve- 
hicles and  the  licensing  of  the  operators  thereof.  A  record 
of  the  trial  shall  be  sent  forthwith  by  the  court  or  trial 
justice  to  the  Massachusetts  highway  commission,  —  so  as 
to  read  as  follows:  —  Section  1.  All  automobiles  and 
motor  cycles  except  ambulances  and  fire  engines  shall  be 
registered  annually  by  the  owner  or  person  in  control 
thereof  in  accordance  with  the  provisions  of  this  act.  Ap- 
plication for  such  registration  may  be  made,  by  mail  or 
otherwise,  to  the  ^lassachusetts  highway  commission  or 
any  agent  thereof  designated  for  this  purpose,  upon  blanks 
prepared  under  its  authority.  The  application  shall,  in 
addition  to  such  other  particulars  as  may  be  required  by 
said  commission,  contain  a  statement  of  the  name,  place 
of  residence  and  address  of  the  applicant,  with  a  brief 
description  of  the  automobile  or  motor  cycle,  including 
the  name  of  the  maker,  the  number,  if  any,  affixed  by  the 
maker,  the  character  of  the  motor  power,  and  the  amount 


Acts,  1908.  — Chai>.  6-LS.  773 

of  such  motor  power  stated  in  figures  of  horse  power ;  and  feg®i/t°Ltion. 
with  such  aj^plication  shall  be  deposited  a  registration  fee 
of  two  dollars  for  each  motor  cycle  and  five  dollars  for 
each  automobile.  The  said  connnission  or  its  duly  author- 
ized agent  shall  then  register,  in  a  book  to  be  kept  for  the 
purjwse,  the  automobile  or  motor  cycle  described  in  the 
application,  giving  to  such  automobile  or  motor  cycle  a 
distinguishing  numl^er  or  other  mark,  and  shall  thereupon 
issue  to  the  applicant  a  certificate  of  registration.  Said  Certificate  of 
certificate  shall  contain  the  name,  place  of  residence  and 
address  of  the  applicant  and  the  registered  number  or 
mark,  shall  prescribe  the  manner  in  which  said  registered 
number  or  mark  shall  l>e  inscribed  or  displayed  upon  the 
automobile  or  motor  cycle,  and  shall  be  in  such  form  and 
contain  such  further  provisions  as  the  commissioners  may 
determine.     A  prowr  record  of  all  applications  and  of  all  Record  9! 

^  ^  -"^  .      .  .         applications 

certificates  issued  shall  be  kept  by  the  commission  at  its  and  certm- 

C£ltGS  to   DG 

main  office,  and  shall  be  open  to  the  inspection  of  any  per-  kept.  etc. 
son  during  reasonable  business  hours.     The  certificate  of 
registration  shall  always  be  carried  in  some  easily  acces- 
sible  place   in   the   automobile   or  motor   cycle   described 
therein.     Upon  the  transfer  of  ownership  of  any  automo- 
bile or  motor  cycle,  its  registration  shall  expire  and  the 
person  in  whose  name  such  vehicle  is  registered  shall  im- 
mediately return  the  certificate  of  registration  to  the  Mas- 
sachusetts highway  commission  with  a  written  notice  con- 
taining the  date  of  such  transfer  of  ownership  and  the 
name,  place  of  residence  and  address  of  the  new  owner. 
The  Massachusetts  highway  commission,  at  its  discretion, 
may  assign  to  any  person  who  so  surrenders  his  registra- 
tion certificate  and  who  desires  to  register  another  auto- 
mobile or  motor  cycle  the  distinguishing  number  or  mark 
described  in  the  surrendered  certificate.     jSTo  number  or  oniy  pre- 
nimiber  plate  other  than  those  prescribed  by  the  Massachu-  be"  ami  "slate 
setts  highway  commission  in  its  certificates  of  registration  p^ayeci'*' 
shall  be  displayed  on  any  automobile  or  motor  cycle  oper- 
ated in  this  commonwealth:  provided,  however,  that  any  proviso, 
automobile  or  motor  cycle  ovsTied  by  a  non-resident  of  this 
state  who  has  complied  with  the  laws  relative  to  motor 
vehicles  and  the  operation  thereof  of  the  state  in  which  he 
resides  may  be  operated  by  such  owner  on  the  roads  and 
highways  of  this  state  for  a  period  not  exceeding  seven 


771 


Acts,  1908.  — Chap.  (j-^S. 


When  registra- 
tion shall 
expire. 


Licenses  may 
be  suspended, 
etc. 


1903,  473,  §  4, 
etc.,  amended. 


Licenses  to  be 
issued  by  the 
Massachusetts 
highway  com- 
mission. 


days  without  the  license,  certificate  of  registration  and 
number  plates  furnished  by  the  Massachusetts  highway 
commission.  Every  such  vehicle  shall  have  displayed  upon 
it  the  distinguishing  numljer  or  mark  of  the  state  in  which 
the  owner  thereof  resides  and  none  other  until  the  vehicle 
is  registered  in  accordance  with  the  provisions  of  this  sec- 
tion. But  if  any  such  non-resident  be  convicted  of  violat- 
ing any  provision  of  the  laws  of  this  commonw^ealth  relat- 
ing to  automobiles  and  motor  cycles  or  to  the  operators 
thereof  by  any  court  or  trial  justice,  whether  or  not  he 
appeals,  he  shall  thereafter  be  subject  to  and  required  to 
comply  with  all  the  provisions  of  this  act  relating  to  the 
registration  of  motor  vehicles  and  the  licensing  of  the  op- 
erators thereof.  A  record  of  the  trial  shall  be  sent  forth- 
with by  the  court  or  trial  justice  to  the  Massachusetts 
highway  commission.  The  registration  of  every  automo- 
bile or  motor  cycle  shall  expire  upon  the  first  day  of  Jan- 
uary in  each  year. 

Sectiox  4.  The  said  commission  may  in  its  discretion 
and  without  a  hearing  suspend  the  license  of  any  automo- 
bile or  motor  cycle  operator,  and  may  order  the  license  to 
be  delivered  to  it,  whenever  it  has  reason  to  believe  that 
the  holder  thereof  is  an  improper  or  incompetent  person 
to  operate  an  automobile  or  motor  cycle,  or  is  operating 
improperly  or  so  as  to  endanger  the  public,  and  the  license 
shall  not  be  reissued  unless,  upon  examination  or  investi- 
gation, or  after  a  hearing,  the  commission  determines  that 
the  oi>erator  should  again  be  permitted  to  o^x^rate. 

Section  5.  Section  four  of  chapter  four  hundred  and 
seventy-three  of  the  acts  of  the  year  nineteen  hundred 
and  three,  as  amended  l)y  section  four  of  chapter  three 
hundred  and  eleven  of  the  acts  of  the  year  nineteen  hun- 
dred and  five,  is  hereby  further  amended  by  inserting 
after  the  word  "  operator  ",  in  the  next  to  the  last  sentence 
of  the  section,  the  words :  —  excepting  only  persons  who 
have  been  licensed  and  whose  licenses  are  not  in  force, 
because  of  revocation  or  suspension  for  cause,  —  so  as  to 
read  as  follows :  —  Section  Jf.  Licenses  for  operating  au- 
tomobiles and  motor  cycles  shall  be  issued  by  the  Massa- 
chusetts highway  commission  or  duly  authorized  agents 
thereof.  Application  shall  be  made  upon  blanks  prepared 
by  the  commission  for  this  purpose,  and  the  licenses  issued 


Acts,  1908.  — Chap.  6^8.  775 

shall  be  in  such  form  and  shall  contain  such  provisions  as 
said  connnission  may  determine.     To  each  licensee  shall 
be  assigned  some  distinguishing-  number  or  mark,  and  a 
proper  record  of  all   applications  for  license   and  of  all 
licenses  issued  shall  be  kept  by  the  commission  at  its  main 
office,  and  shall  be  open  to  the  inspection  of  any  person 
during  reasonable  business  hours.     Each  license  shall  state  Form  of 
the  name,  place  of  residence  and  address  of  the  licensee  ""^"^  ' 
and  the  distinguishing  number  or  mark  assigned  to  him. 
Special  licenses  for  operating  automobiles  or  motor  cycles  special 
for  hire  shall  be  issued  by  the  connnission,  but  no  such 
license  shall  be  issued  until  the  commission  or  its  author- 
ized agent  shall  have  satisfied  itself  or  himself  that  the 
applicant  is  a  proper  person  to  receive  it.     Such  licenses  Term,  fee,  etc. 
shall  be  granted  for  one  year  only.      The  fee  for  each 
original  license  to  operate  shall  be  two  dollars,  and  the  fee 
for  the  renewal  of  each  license  to  operate  for  hire  shall  be 
fifty  cents.    All  fees  shall  be  deposited  at  the  time  of  mak- 
ing the  application.      The   commission  may  at  any  time  Licenses  may 
suspend  or  revoke  any  license  for  any  misconduct  of  the  or  revoked.^ 
licensee.     Before  a  license  to  operate  is  granted,  the  ap-  AppUcarit  to 
plicant  shall  pass  such  examination  as  to  his  qualifications    ®  exammei . 
as  may  be  required  by  the  state  highway  commission.     The  Not  to  prevent 
provisions  of  this  section  shall  not  prevent  the  operation  of  automobiles 
of   automobiles  by  unlicensed  persons   if  riding  with   or  per"o"ns*^fn*^ 
accompanied  by  a  licensed  chauffeur  or  operator,  except-  etc!'^'"  '^^^^^' 
ing  only  persons  who  have  been  licensed  and  whose  licenses 
are  not  in  force,  because  of  revocation  or  suspension  for 
cause.     The  operator's  license  shall  always  be  carried  by 
the  licensee  when  he  is  operating  an  automobile  or  motor 
cycle. 

Section  6.     Section  nine  of  chapter  four  hundred  and  ipo^,  473,  §  9, 

•  11    6tc.,  amended. 

seventy-three  of  the  acts  of  the  year  nineteen  hundred  and 
three,  as  amended  by  section  five  of  chapter  three  hun- 
dred and  eleven  of  the  acts  of  the  year  nineteen  hundred 
and  five,  and  by  section  three  of  chapter  four  hundred 
and  twelve  of  the  acts  of  the  year  nineteen  hundred  and 
six,  is  hereby  further  amended  by  inserting  after  the  word 
''  vehicle  ",  in  the  twenty-fifth  line,  the  words :  —  or  who 
fails  to  display  on  a  motor  vehicle  the  number  or  mark 
duly  issued  therefor,  —  so  as  to  read  as  follows :  —  Sec-  Certificate  of 
tion  9.    The  Massachusetts  highwav  commission  mav,  after  etc.,  may  be 


776 


Acts,  1908.  — Chai>.  648. 


suspended  or 
revoked,  etc. 


Penalties. 


due  hearing,  suspend  or  revoke  a  certificate  issued  under 
section  one  of  this  act,  or  the  license  or  certificate  issued 
to  any  j^rson  under  sections  two  and  four  of  this  act,  for 
any  cause  which  it  may  deem  sufficient;  and  any  person 
convicted  of  violating  any  provision  of  this  act  may  be 
punished  by  a  fine  not  exceeding  twenty-five  dollars  for  a 
first  offence,  and  not  exceeding  fifty  dollars  for  a  second 
offence,  and  not  exceeding  one  hundred  dollars  for  subse- 
quent offences  committed  during  each  calendar  year;  and 
the  penalties  imjwsed  for  violations  of  any  provision  of 
this  act  for  any  calendar  year  shall  be  imposed  without 
regard  to  violations  thereof  committed  in  any  previous  cal- 
endar year.  Any  person  convicted  of  operating  an  auto- 
mobile or  motor  cycle  in  this  commonwealth  after  his  li- 
cense to  operate  has  l^een  suspended  or  revoked,  and  any 
person  convicted  of  operating  or  causing  or  ]>ermitting 
any  other  person  to  oj^erate  an  automobile  or  motor  cycle 
after  the  certificate  of  registration  for  such  vehicle  has 
been  suspended  or  revoked,  and  any  person  who  attaches 
or  causes  to  be  attached  to  a  motor  vehicle  a  numlier  plate 
assigned  by  the  Massachusetts  highway  commission  to  an- 
other vehicle,  or  who  obscures  or  causes  to  be  obscured  the 
figures  on  any  number  plate  attached  to  any  motor  vehicle, 
or  who  fails  to  display  on  a  motor  vehicle  the  number  or 
mark  duly  issued  therefor,  with  intent  to  conceal  the  iden- 
tity of  such  motor  vehicle,  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars  or  by  imprisonment  for  a 
term  of  ten  days,  or  by  both  such  fine  and  imprisonment. 
A  complaint  against  a  j>erson  for  the  violation  of  section 
one  of  this  act  may  be  placed  on  file  at  the  discretion  of 
the  court  or  trial  justice  if  the  violation  appears  to  have 
been  imintentional,  or  if  there  are  extenuating  circum- 
stances. Upon  a  third  or  subsequent  conviction  in  the 
same  calendar  year  of  a  violation  of  said  section  the  com- 
mission shall  forthwith  revoke  the  license  of  the  person  so 
convicted.  If  it  appears  by  the  records  of  said  commis- 
sion that  the  person  so  convicted  is  the  owner  of  an  auto- 
mol)ile  or  motor  cycle,  or  has  the  exclusive  control  of  any 
automol)iles  or  motor  cycles  as  a  manufacturer  or  dealer, 
said  commission  shall  thereupon  revoke  the  certificate  of 
registration  of  all  automobiles  or  motor  cycles  so  exclu- 
sively owned  or  controlled ;  and  no  new  license  or  certifi- 
cate shall  be  issued  to  such  person  for  at  least  thirty  days 


Acts,  1908.  — Chap.  6^S.  Til 

after  the  date  of  such  conviction,  nor  thereafter  except  in 
the  discretion  of  said  commission. 

Section  T.  Section  four  of  chapter  four  hundred  and  ame^nded"'  ^  *' 
twelve  of  the  acts  of  the  year  nineteen  hundred  and  six  is 
hereby  amended  by  inserting  after  the  word  ''  public  ",  in 
the  fifth  line,  the  words :  —  or  who  without  a  reasonable 
excuse  therefor  goes  away  without  stoj)ping  and  making 
himself  known  after  causing  injury  to  any  person  or  prop- 
erty, —  by  inserting  after  the  word  "  controlled  ",  in  the 
sixteenth  line,  the  words :  —  Whenever  any  person  so  con- 
victed appeals,  the  said  commission  shall  immediately  sus- 
pend the  license  of  the  jierson  so  convicted,  and  shall  order 
the  license  delivered  to  it,  and  shall  not  reissue  said  license 
unless  said  person  is  acquitted  in  the  upper  court,  or  un- 
less said  commission  in  its  discretion,  after  an  investiga- 
tion or  upon  a  hearing,  decides  to  reissue  it,  —  and  by 
striking  out  the  words  "  such  person  ",  in  the  seventeenth 
line,  and  inserting  in  place  thereof  the  words :  —  any  per- 
son convicted  of  a  violation  of  this  section,  —  so  as  to  read 
as  follows :  —  Section  J^.  Whoever  operates  an  automo-  Penalty  for 
bile  or  motor  cycle  on  any  public  way  or  private  way  laid  tomobiies,  etc., 
out  under  authority  of  law  recklessly  or  while  under  ilie  ^^'^  ^^^  ^'  ^  '^' 
influence  of  intoxicating  liquor,  or  so  as  to  endanger  the 
lives  or  safety  of  the  public,  or  who  without  a  reasonable 
excuse  therefor  goes  away  without  stopping  and  making 
himself  known  after  causing  injury  to  any  person  or  prop- 
erty, shall  be  punished  by  a  fine  not  exceeding  one  hun- 
dred dollars  or  by  imprisonment  for  a  term  not  exceeding 
six  months.  A  conviction  of  a  violation  of  this  section 
shall  forthwith  be  reported  by  the  court  or  trial  justice  to 
the  commission  which  shall  immediately  revoke  the  license 
of  the  person  so  convicted.  If  it  appears  by  the  records 
of  said  commission  that  the  |)erson  so  convicted  is  the 
owner  of  an  automobile  or  motor  cycle,  or  has  exclusive 
control  of  any  automobiles  or  motor  cycles  as  a  manufac- 
turer or  dealer,  said  commission  shall  thereupon  revoke 
the  certificate  of  registration  of  all  automobiles  or  motor 
cycles  so  exclusively  owned  or  controlled.  Whenever  any 
person  so  convicted  appeals,  the  said  commission  shall  im- 
mediately suspend  the  license  of  the  person  so  convicted, 
and  shall  order  the  license  delivered  to  it,  and  shall  not 
reissue  said  license  unless  said  person  is  acquitted  in  the 
upper  court,  or  unless  said  commission  in  its  discretion, 


778 


Acts,  1908.  — Chap.  649. 


hearing, 


decides  to  re- 


Fees. 


after  an  investigation  or  npon   a 

issue  it.     No  new  license  or  certificate  shall  be  issued  by 

said  commission  to  any  person  convicted  of  a  violation  of 

this  section  until  after  sixty  days  from  the  date  of  such 

conviction,  nor  thereafter  except  in  the  discretion  of  said 

commission. 

Section  8.  The  Massachusetts  highAvay  commission 
may  issue  certificates  of  registration  for  automobiles  and 
motor  cycles  and  licenses  to  operate  the  same  to  any  mem- 
ber of  the  foreign  diplomatic  corps  without  the  pajTiient 
of  fees  therefor.  In  addition  to  the  fees  now  required  by 
law  to  be  deposited  with  applications  for  licenses  to  operate 
automobiles  and  motor  cycles,  said  commission  shall  col- 
lect a  fee  of  two  dollars  for  every  examination  given  under 
its  direction  to  any  person  who  applies  for  such  a  license. 
Said  commission  shall  collect  a  fee  of  fifty  cents  for  each 
additional  copy  of  a  certificate  of  registration  or  license 
which  is  furnished  to  any  j^erson  other  than  an  officer  of 
the  commonw^ealth  or  of  any  court  thereof  or  of  any  city 
or  town  therein.  With  every  license  granted  by  the  Mas- 
sachusetts highway  commission  a  copy  of  all  the  automo- 
bile laws  shall  be  supplied. 

Section  0.  Section  one  of  chapter  three  hundred  and 
eleven  of  the  acts  of  the  year  nineteen  hundred  and  five  is 
hereby  repealed.  Approved  June  13,  1908. 

Ch(W.Q4:9  An  Act  relative  to  the  issuing  of  mileage  and  com- 
mutation  TICKETS   BY  RAILROAD  CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  Every  railroad  corporation  issuing  mileage 
tickets  shall,  upon  presentation  of  such  a  ticket  by  a  pas- 
senger, detach  therefrom  one  coupon  and  no  more  for  each 
mile  and  fraction  thereof  actually  travelled:  provided, 
however,  that  for  distances  less  than  three  miles  three  cou- 
pons may  so  be  detached.  Distances  to  or  from  the  station 
known  as  Back  Bay  on  the  Xew  York,  Xew  Haven  and 
Hartford  railroad,  and  the  stations  known  as  Trinity  Place 
and  Huntington  Avenue  on  the  Boston  and  Albany  rail- 
road, shall  be  computed  as  if  to  or  from  the  Boston  ter- 
minal station. 
Certain  rail-  Section    2.      Everv    I'ailriiiid   ('or])oration   which   has   a 

road  corpora-  .  .       -r-.  '  i        -r>       .  t>  7>         i  1 

tions  to  sell       terminus  m  Boston,  except  the  Boston,  Kevere  Beach  and 


Copy  of  auto- 
mobile laws  to 
be  furnished 
with  licenses. 

Repeal. 


Coupons  to  be 
detached  from 
mileage  tickets 


Proviso. 


Acts,  1908.  — Chap.  650.  779 


Lynn  Railroad  Company,  shall  sell  a  commutation  ticket  ^iX^sl'etc?" 
ffood  for  not  more  than  twelve  rides  between  Boston  and 
each  station  on  its  lines  within  fifteen  miles  of  its  terminal 
station  in  Boston,  at  a  price  not  exceeding  the  average  rate 
for  each  trip  which  was  charged  between  said  points  for 
the  twentj-five-ride  commutation  tickets  in  use  on  the  first 
day  of  January  in  the  year  nineteen  hundred  and  eight, 
excepting  that  the  minimum  fare  shall  be  five  cents.  The 
said  tickets,  before  issuance,  shall  be  subject  to  approval 
by  the  board  of  railroad  commissioners  both  as  to  the  rate 
of  fare  and  the  conditions  named  therein.  So  far  as  is 
practicable,  the  rates  of  fare  on  all  roads  for  like  distances  ' 

from  their  terminal  stations  shall  be  equal.  In  any  city 
or  town  where  the  said  twelve-ride  ticket  shall  exceed  in 
price  the  price  now  charged  per  trip  for  the  twenty-five- 
ride  ticket,  then  thereafter  in  the  said  city  or  town  the 
said  railroad  companies  shall  continue  to  have  for  sale  a 
twenty-five-ride  ticket  at  the  existing  price. 

Section  3.     Section  one  hundred  and  eighty-three  of  Repeal. 
Part  II,  of  chajjter  four  hundred  and  sixty-three  of  the 
acts  of  the  j'ear  nineteen  hundred  and  six  is  hereby  re- 
pealed. Approved  June  IS,  1908. 

Ax  Act  relative  to  the  weekly  payment  of  wages  to  ni^^.y.  (-rn 

PUBLIC  EMPLOYEES.  ^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  sixty-two  of  chapter  one  hundred  R.  l.  loe,  §  62, 
and  six  of  the  Revised  Laws,  as  amended  by  chapter  four 
hundred  and  twenty-seven  of  the  acts  of  the  year  nineteen 
hundred  and  six,  and  by  chapter  one  hundred  and  ninety- 
three  of  the  acts  of  the  year  nineteen  hundred  and  seven, 
is  hereby  further  amended  by  inserting  after  the  word 
*"■  them  ",  in  the  seventeenth  line,  the  words:  —  and  every 
person  employed  by  it  or  them  in  any  penal  or  chari- 
table institution,  —  so  as  to  read  as  follows :  —  Section  62.  weekly  pay 
Every  manufacturing,  mining,  or  quarrying,  mercantile, 
railroad,  street  railway,  telegTaph  or  telephone  corjjoratiou, 
every  incorporated  express  company  or  water  company,  and 
every  contractor,  person  or  partnership  engaged  in  any 
manufacturing  business,  in  any  of  the  building  trades,  in 
quarries  or  mines,  upon  public  works  or  in  the  construction 
or  repair  of  railroads,  street  railways,  roads,  bridges  or 


ment  of  wages 
etc. 


780  Acts,  1908.  — Chap.  651. 

sewers,  or  of  gas,  water  or  electric  light  works,  pipes  or 
lilies,  shall  pay  weekly  each  employee  engaged  iii  his  or 
its  business  the  wages  earned  by  him  to  within  six  days 
of  the  date  of  said  payment,  but  any  employee  leaving  his 
or  her  employment,  or  being  discharged  from  such  employ- 
ment, shall  Ix^  paid  in  full  on  the  following  regular  pay 
day;  and  the  commonwealth,  its  officers,  boards  and  com- 
missions shall  so  pay  every  mechanic,  workman  and  laborer 
who  is  employed  by  it  or  them,  and  every  person  employed 
by  it  or  them  in  any  penal  or  charitable  institution,  and 
every  county  and  city  shall  so  pay  every  employee  who  is 
engaged  in  its  business  the  wages  or  salary  earned  by  him, 
unless  such  mechanic,  workman,  laborer  or  employee  re- 
quests in  writing  to  be  paid  in  a  different  manner;  and 
every  to^^^l  shall  so  pay  each  employee  in  its  business  if 
so  required  by  him ;  but  an  emj)loyee  who  is  absent  from 
his  regular  place  of  lalnir  at  a  time  fixed  for  payment  shall 
Not  to  apply  be  ]>aid  thereafter  on  demand.  The  provisions  of  this  sec- 
pioyees.  etc.  tioii  sliall  not  apply  to  an  employee  of  a  co-operative  cor- 
IX)ration  or  association  if  he  is  a  stockholder  therein  unless 
he  requests  such  corjwration  to  pay  him  weekly.  The 
board  of  railroad  commissioners,  after  a  hearing,  may  ex- 
empt any  railroad  corjwration  from  paying  weekly  any  of 
its  employees  if  it  apjx'ars  to  the  board  that  such  em- 
ployees prefer  less  frequent  pa^nncnts,  and  that  their  inter- 
ests and  the  interests  of  the  jiublic  will  not  suffer  thereby. 
Xo  corporation,  contractor,  jxrson  or  partnership  shall  by 
a  special  contract  with  an  employee  or  by  any  other  means 
exempt  himself  or  itself  from  the  provisions  of  this  and 
Penalty.  the  following  scctiou.     Whoever  violates  the  provisions  of 

this  section  shall  Ix  punished  by  a  fine  of  not  less  than  ten 
nor  more  than  fifty  dollars. 

Sectiox  2.     This  act  shall  take  effect  uix)n  its  passage. 

Approved  June  13,  190S. 

Chap.(j51  ^^^   Act   to   ixckease   the   amoujvt   of    money   to   be 

PLACED   AT   THE   DISPOSAL   OF    THE    METEOPOLITAN    PARK 
COMMISSION    FOR   BOULEVARD    PURPOSES. 

Be  it  enacicd,  etc.,  as  follows: 

Amount  of  Section  1.     Tho  metropolitan  park  commission,  created 

boTievanl         by  cliaptcr  four  hundred  and  s(>ven  of  the  acts  of  the  year 
mc7ealld.         eightccu  liuiidrcd  and  ninety-three,  for  the  inirpose  of  car- 


Acts,  1908.  — Chap.  652.  781 

rving  out  the  provisions  of  that  act  and  of  chapter  two 
hundred  and  eightv-eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-four  and  of  all  acts  in  amendment 
thereof  or  in  addition  thereto  and  esjDecially  for  complet- 
ing the  land  acquirements  for  the  Alewife  brook  improve- 
ment and  Fresh  pond  parkway  may  expend  an  additional 
sum  of  fifty  thousand  dollars. 

Sectioi^  2.  To  meet  the  expenditures  made  under  au-  Metropolitan 
thority  of  this  act  the  treasurer  and  receiver  general,  with  series  iw' 
the  approval  of  the  governor  and  council,  shall  issue  scrip 
or  certificates  of  indebtedness,  bearing  interest  at  a  rate 
not  exceeding  four  per  cent  per  annum,  to  the  said  amount 
of  fifty  thousand  dollars,  as  an  addition  to  the  Metropoli- 
tan Parks  Loan,  Series  Two,  at  such  times  and  in  such 
sums  as  the  said  commission  shall  certify  to  him  to  be 
necessary  to  meet  the  liabilities  incurred  bv  said  commis- 
sion  under  the  acts  aforesaid,  and  shall  add  to  the  exist- 
ing sinking  fund  to  provide  for  the  papnent  of  the  same. 
Such  scrip  or  certificates  of  indebtedness  shall  be  issued 
and  additions  to  said  sinking  fund  shall  be  assessed  and 
collected  in  accordance  with  the  provisions  of  sections  eight, 
ten  and  eleven  of  said  chapter  two  hundred  and  eighty- 
eight  and  in  accordance  with  the  provisions  of  chapter  two 
hundred  and  eighty-three  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five  and  of  chapter  four  hundred  and 
nineteen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-nine. 

Sectio:n^  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  IS,  190S. 

Ax   Act   to   ixcrease   the   amount   of   moxey   to    be  (^Jtn^^  QK9 

PLACED   AT    THE   DISPOSAL    OF   THE    METROPOLITAN   PARK 
COMMISSION"   FOR  PARK   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  metropolitan  park  commission,  created  Amount  of 

1  1  c  1  111  fi  ,•!  money  for 

by  chapter  lour  hundre«i  and  seven  ot  the  acts  of  the  year  park  purposes 
eighteen  hundred  and  ninety-three,  for  the  purpose  of  car- 
rying out  the  provisions  of  that  act  and  of  all  acts  in 
amendment  thereof  and  in  addition  thereto,  and  es]3ecially 
for  completing  the  work  now  under  way  on  Mystic  river, 
and  for  the  protection  of  certain  land  belonging  to  the 


782  Acts,  1908.  — Chap.  653. 

commonwealth  on  the  Winthrop  shore,  may  expend  an  ad- 
ditional sum  of  seventy  thousand  dollars. 
ParkTCan!"  SectioiX  2.     To  meet  expenditures  made  under  author- 

ity of  this  act  the  treasurer  and  receiyer  general,  with  the 
approval  of  the  governor  and  council,  shall  issue  scrip  or 
certificates  of  indebtedness,  bearing  interest  at  a  rate  not 
exceeding  four  per  cent  per  annum,  to  the  said  amount  of 
seventy  thousand  dollars,  as  an  addition  to  the  Metropoli- 
tan Park  Loan,  at  such  times  and  in  such  sums  as  the 
metropolitan  park  commission  shall  certify  to  him  to  be 
necessary  to  meet  the  liabilities  incurred  by  said  commis- 
sion under  the  acts  aforesaid,  and  shall  add  to  the  exist- 
ing sinking  fund  to  provide  for  the  payment  of  the  same. 
Such  scrip  or  certificates  of  indebtedness  shall  be  issued 
and  additions  to  the  said  sinking  fund  shall  be  assessed 
and  collected  in  accordance  with  the  provisions  of  sections 
nine,  ten,  eleven  and  twelve  of  said  chapter  four  hundred 
and  seven,  and  in  accordance  with  the  provisions  of  chap- 
ter two  hundred  and  eighty-three  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-five  and  of  chapter  four  hun- 
dred and  nineteen  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-nine. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  IS,  190S. 

Chan.Q53  -^^  -^^'^  to  provide  for  certain  improvements  at  the 

WREXTHAM   STATE   SCHOOL. 

Be  it  enacted,  etc.,  as  follows: 
Improvements        Sectiox  1.     To  providc  fuuds  for  Certain  improvements 

at  the  \\  ran-  ^  ^  .  p     i     .  . 

tham  state        at  tlic  Wrcntliam  state  school  specified  m  section  two  of 

school.  .^  I'll 

this  act,  the  treasurer  and  receiver  general  is  hereby  au- 
thorized, with  the  approyal  of  the  governor  and  council, 
to  issue  scrip  or  certificates  of  indebtedness  to  an  amount 
not  exceeding  one  hundred  and  seventy  thousand  eight  hun- 
Prisons  and  drcd  dollars,  for  a  term  not  exceeding  thirty  years.  Such 
Loan!*^^^  scrip  or  certificates  of  indebtedness  shall  be  issued  as  reg- 

istered bonds,  and  shall  bear  interest  at  a  rate  not  exceed- 
ing four  per  cent  per  annum,  payable  semi-annually  on 
the  first  days  of  ]\Iay  and  November.  They  shall  be  desig- 
nated on  the  face  thereof  as  the  Prisons  and  Hospitals 
Loan,   shall   be  countersigTied   by  the   governor,    shall   be 


Acts,  1908.  — Chap.  653.  783 

deemed  a  pledge  of  the  faith  and  credit  of  the  common- 
weahh,  aud  the  principal  and  interest  thereof  shall  be  paid 
at  the  times  specified  therein  in  gold  coin  of  the  United 
States  or  its  equivalent.  Such  scrip  or  certificates  of  in- 
debtedness shall  be  disposed  of  at  public  auction,  or  in  such 
other  manner,  and  at  such  times  and  prices,  and  in  such 
amounts,  and  shall  bear  such  rates  of  interest,  not  exceed- 
ing four  per  cent  per  annum,  as  shall  be  deemed  for  the 
best  interests  of  the  commonwealth ;  but  none  of  the  same 
shall  be  sold  at  less  than  the  par  value  thereof.  The  sink-  Sinking  fund. 
ing  fund  established  bj  chapter  three  hundred  and  ninety- 
one  of  the  acts  of  the  year  eighteen  hundred  aud  seventy- 
four,  known  as  the  Prisons  and  Hospitals  Loan  Sinking 
Fimd,  shall  also  be  maintained  for  the  pur}X)se  of  extin- 
guishing bonds  issued  under  the  authority  of  this  act ;  and 
the  ■  treasurer  and  receiver  general  shall  apportion  thereto 
from  year  to  year  an  amount  sufiicient  with  the  accumula- 
tions of  said  fund  to  extinguish  at  maturity  the  debt  in- 
curred by  the  issue  of  said  securities.  The  amount  neces- 
sary to  meet  the  annual  sinking  fund  requirements  and  to 
l^ay  the  interest  on  said  securities  shall  be  raised  by  taxa- 
tion from  year  to  year. 

Section  2.  From  the  aforesaid  loan,  expenditures  may  Expenditures, 
be  made  by  the  trustees  and  superintendent  of  the  Wren- 
tham  state  school,  to  an  amount  not  exceeding  one  hundred 
and  seventy  thousand  eight  hundred  dollars,  for  the  fol- 
lowing purposes :  —  For  constructing  and  furnishing  two 
dormitories,  a  sum  not  exceeding  eighty  thousand  dollars ; 
for  constructing,  furnishing  and  equipping  service  build- 
ing, a  sum  not  exceeding  thirty-three  thousand  dollars ; 
for  constructing  and  equipping  power  and  heating  plant 
and  mechanics'  building,  a  sum  not  exceeding  thirty-five 
thousand  dollars;  for  constructing  and  furnishing  house 
for  employees,  a  sum  not  exceeding  eleven  thousand  dol- 
lars ;  and  for  providing  necessary  water  supply,  a  sum  not 
exceeding  eleven  thousand  eight  hundred  dollars. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  13,  190S. 


784 


Acts,  1908.  — Chap.  654:. 


Removal  of 
human  re- 
mains and  dis- 
posal of  cer- 
tain land  used 
as  a  burial 
ground  in 
Fall  River. 


Chap.654:  Ai^  Act  to  authorize  the  removal  of  human  remains 

EROM,   AND   THE    DISPOSAL   OF   CERTAIN   LAND   USED  AS,   A 
BURIAL  GROUND  IN  THE  CITY  OF  FALL  RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Sarah  R.  Chace,  of  Fall  Eiver,  at  her  own 
expense  and  subject  to  the  supervision  and  direction  of  the 
officials  of  the  city  of  Fall  River  having  charge  of  the 
burial  and  removal  of  dead  bodies  in  said  city,  may  cause 
all  human  remains  to  be  removed  from  the  lot  or  parcel 
of  land  situate  on  the  westerly  side  of  Forest  street,  in  said 
Fall  River,  and  bounded  and  described  as  follows,  to  wit : 
—  Beginning  at  a  point  in  the  westerly  line  of  Forest 
street  at  a  distance  of  two  hundrcd  and  two  and  seventy- 
live  one  hundredths  feet  southerly  from  the  southwesterly 
corner  of  Cottage  and  Forest  streets,  and  running  thence 
northwesterly  by  land  of  Dominick  L.  T.  Castellana  sixty- 
five  feet  to  land  of  Thomas  B.  Waring  for  a  corner ;  thence 
southwesterly  by  last  named  land  and  land  of  the  estate 
of  Richard  Durfee  about  one  hundred  feet  to  land  of  Louis 
Anderson  for  a  corner ;  thence  southeasterly  by  last  named 
land  sixty-five  and  ten  one  hundredths  feet  to  land  now 
or  formerly  of  estate  of  Lucy  B.  Goodman  and  Arvilla  L. 
Woodman  for  a  corner ;  thence  northeasterly  by  said  last 
named  land  about  one  hundred  and  one  and  tw^enty-five 
one  hundredths  feet  to  said  Forest  street  and  the  place  of 
beginning;  containing  about  twenty-four  and  five  one  hun- 
dredths square  rods  of  land ;  being  the  same  premises  con- 
veyed by  John  Durfee,  Christopher  Goodman  and  others 
to  the  town  council  of  the  Town  of  Tiverton  and  their  suc- 
cessors and  assigns  by  deed  dated  September  first  in  the 
year  eighteen  hundred  and  fifty-six,  recorded  in  Fall  River 
District  Registry  of  Deeds,  Copied  Records,  book  F,  pages 
481  to  483;  and  to  be  reinterred  in  a  pro]>er  and  suitable 
manner  in  some  public  cemetery  in  said  Fall  River. 

Section  2.  After  said  remains  have  been  removed  as 
authorized  by  section  one,  the  city  of  Fall  River  may, 
by  a  suitable  deed,  convey  all  its  rights,  title  and  interest 
in  said  land,  howsoever  derived,  to  said  Sarah  R.  Chace, 
and  thereafter  said  land  may  be  used  for  other  than  burial 
purposes. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  IS,  190S. 


Land  may  be 
conveyed  to 
Sarah  R. 
Chace. 


Acts,  1908.  — Chaps.  655,  656.  785 

An  Act  relative  to  accommodations  for  the  board  (J]iap.{j^^ 

OF  GAS  AND  ELECTRIC  LIGHT  COMMISSIONERS,  AND  TO 
AUTHORIZE  THE  REARRANGEMENT  OF  ROOMS  IN  THE 
STATE  HOUSE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     On  or  before  the  first  day  of  September,  or  Board  of  gas 

1  '  •!  1  •  ^"'^  electric 

such  other  date  as  the  Governor  and  council  may  determine,  light  commis- 

,,  ic  iii-Tij.  sioners  to  be 

m  the  present  year,  the  board  oi  gas  and  electric  light  com-  provided  with 

.     ^  Til  ,        .1  •       ii  J.    i      1  ,  new  ofBces, 

missioners  shall  vacate  the  rooms  in  the  state  house  now  etc. 
occupied  by  the  board,  shall  provide  itself  with  suitable 
offices  elsewhere  for  the  transaction  of  its  business,  and 
may  remove  thereto  such  portion  of  the  furniture  now  in 
use  by  the  board  as  may  be  suitable  for  its  use  in  the  new 
location.  The  rental  of  such  offices,  the  expense  of  fitting 
and  furnishing  the  same  for  the  use  of  the  board,  and  the 
cost  of  removal  from  the  rooms  now  occupied  by  the  board 
shall  be  borne  by  the  several  gas  and  electric  light  compa- 
nies in  proportion  to  their  gross  earnings  and,  together 
with  the  other  annual  expenses  of  the  commissioners,  shall 
be  assessed  and  recovered  in  the  manner  provided  by  sec- 
tion three,  Part  I,  of  chapter  four  hundred  and  sixty-three 
of  the  acts  of  the  year  nineteen  hundred  and  six,  for  the 
assessment  and  recovery  of  the  expenses  of  the  railroad 
commissioners. 

Section  2,     The  governor  and  council  may  remodel  and  ^a'teTto  be 
rearrange  the  rooms  vacated  by  the  board  of  gas  and  elec-  remodeled,  etc. 
trie  light  commissioners,  and  may  cause  them  to  be  used 
for  such  purposes  and  by  such  departments  or  officials  as 
the  governor  and  council  may  designate. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  13,  1908. 

An  Act  to  apportion  and  assess  a  state  tax  of  five  (JJiQy)  (35(5 

MILLION    FIVE    HUNDRED   THOUSAND   DOLLARS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Each  city  and  town  in  this  commonwealth  state  tax  ap- 
shall  be  assessed  and  pay  the  sum  with  which  it  stands  ^sessel. 
charged  in  the  following  schedule,  that  is  to  say :  — 


"8(3 


Acts,  11)08.  — Chap.  650. 


State  tax  ap- 
portioned and 


Abinstoti,  forty-six  hiiiidrod  and  sevonty-five  df)llars 
Acton,  thirty-one  hundred  and  ninety  dolhirs,    . 
Acushnet,  eleven  hundred  and  fifty-five  dollars, 
Adams,  ten  thousand  five  hundred  and  sixty  dollars, 
Agawam,  twenty-eight  hundred  and  five  dollars, 
Afford,  two  hundred  and  seventy-five  dollars,     . 
Amesbury,  eighty-nine  hundred  and  ten  dollars, 
Amherst,  sixty-one  hundred  and  five  dollars, 
Andover,  eleven  thousand  dollars,     . 
Arlington,  sixteen  thousand  six  hundred  and  sixty-five 
dollars,    ....... 

Ashburnham,  fifteen  hiuidred  and  ninety- five  dollars 
Ashby,  twelve  hundred  and  ten  dollars,     . 
Ashfield,  nine  hundred  and  ninety  dollars, 
Ashland,  seventeen  hundred  and  sixty  dollars,   . 
Athol,  ^eventy-two  hundred  and  sixty  dollars,    . 
Attleborough,   eighteen  thousand   four  hundred   and 
twenty-five  dollars,  ..... 

Auburn,  seventeen  hundred  and  five  dollars, 
Avon,  fifteen  hundred  and  ninety-five  dollars,    . 
Ayer,  thirty-one  hundred  and  ninety  dollars, 
Barnstable,  eighty-four  hiuidred  and  seventy  dollars 
Barre,  twenty-eight  hundred  and  five  dollars,     . 
Becket,  eight  hundred  and  twenty-five  dollars,  . 
Bedford,  two  thousand  and  thirty-five  dollars,   . 
Belehertown,  fourteen  hundred  and  eighty-five  dollars, 
Bellingham,  thirteen  hundred  and  seventy-five  dollars, 
Belmont,  ninety-four  hundred  and  five  dollars,  . 
Berkley,  seven  hundred  and  fifteen  dollars, 
Berlin,  eight  hundred  and  eighty  dollars,  . 
Bernardston,  seven  hundred  and  fifteen  dollars, 
Beverly,  thirty-nine  thousand  six  hundred  dollars, 
Billerica,  thirty-nine  hundred  and  five  dollars,    . 
Blackstone,  thirty-nine  hundred  and  five  dollars, 
Blandford,  seven  hundred  and  fifteen  dollars,     . 
Bolton,  eight  hundred  and  twenty-five  dollars,  . 
Boston,  one  million,  nine  hundred  seventy-eight  thou- 
sand three  hundred  and  fifty  dollars,  . 
Bourne,  forty-seven  hundred  and  thirty  dollars, 
Boxborough,  three  hundred  and  eighty-five  dollars, 
Boxford,  two  thousand  and  ninety  dollars, 
Boylston,  seven  hundred  and  fifteen  dollars, 
Braintree,  eighty-five  hundred  and  twenty-five  dollars 
Brewster,  nine  hundred  and  ninety  dollars, 
Bridgewat(>r,  fifty-four  hundred  and  forty-fiv'e  dollars 
Brimfield,  six  hundred  and  sixty  dollars,   . 
Brockton,  fifty-six  thousand  two  hundred  and  sixty- 
five  dollars,       ...... 

Brookfield,  two  thousand  and  ninety  dollars, 
Brookline,  one  hundred  fifty-four  thousand  nine  luui- 

dred  and  thirty-five  dollars, 
Buckland,  twelve  hundred  and  ten  dollars, 
Burlington,  nine  hundred  and  ninety  dollars, 


$4,675  00 

3,190  00 

1,155  00 

10,560  00 

2,805  00 

275  00 

8,910  00 

6,105  00 

11,000  00 

16,665  00 
1,595  00 
1,210  00 
990  00 
1,760  00 
7,260  00 

18,425  00 

1,705  00 

1,595  00 

3,190  00 

8,470  00 

2,805  00 

825  00 

2,035  00 

1,485  00 

1,375  00 

9,405  00 

715  00 

880  00 

715  00 

39,600  00 

3,905  00 

3,905  00 

715  00 

825  00 

1,978,350  00 
4,730  00 

385  00 
2,090  00 

715  00 
8,525  00 

990  00 
5.445  00 

660  00 

56,265  00 
2,090  00 

154,935  00 

1,210  00 

990  00 


Acts,  1908.  — Chap.  656. 


787 


Cambridge,  one  hundred  sixty-eight  thousand  seven 

hundred  and  forty  dollars, 
Canton,  sixty-eight  hundred  and  twenty  dollars, 
Carlisle,  seven  hundred  and  fifteen  dollars. 
Carver,  nineteen  hundred  and  twenty-five  dollars, 
Charlemont,  seven  hundred  and  fifteen  dollars,  . 
Charlton,  two  thousand  and  thirty-five  dollars,  . 
Chatham,  seventeen  hundred  and  sixty  dollars,  . 
Chelmsford,  fifty-one  hundred  and  seventy  dollars, 
Chelsea,  forty-two  thousand  five  hundred  and  fifteen 

dollars,   ....... 

Cheshire,  twelve  hundred  and  sixty-five  dollars, 
Chester,  eleven  hundred  dollars, 
Chesterfield,  four  hundred  and  ninety-five  dollars, 
Chicopee,  seventeen  thousand  seven  hundred  and  ten 

dollars,    ....... 

Chilmark,  four  hundred  and  forty  dollars, 
Clarksburg,  four  hundred  and  ninety-five  dollars, 
CUnton,  twelve  thousand  nine  hundred  and  twenty 

five  dollars,      ...... 

Cohasset,  ten  thousand  seven  hundred  and  twenty-five 

dollars,    ....... 

Colrain,  twelve  hundred  and  ten  dollars,    . 
Concord,  ninety-eight  hundred  and  forty-five  dollars, 
Conway,  eleven  hundred  and  fifty-five  dollars,    . 
Cummington,  five  hundred  and  fifty  dollars, 
Dalton,  fifty-eight  hundred  and  thirty  dollars,    . 
Dana,  six  hundred  and  five  dollars,  . 
Danvers,  ninety-six  hundred  and  twenty-five  dollars, 
Dartmouth,  sixty-two  hundred  and  fifteen  dollars, 
Dedham,  eighteen  thousand  five  hundred  and  ninety 

dollars,   ....... 

Deerfield,  twenty-five  hundred  and  thirty  dollars, 
Dennis,  twenty-two  hundred  dollars, 
Dighton,  fifteen  hundred  and  ninety- five  dollars, 
Douglas,  two  thousand  and  thirty-five  dollars,   . 
Dover,  nineteen  hundred  and  twenty-five  dollars, 
Dracut,  thirty-four  hundred  and  sixty-five  dollars, 
Dudley,  twenty-five  hundred  and  eighty-five  dollars, 
Dunstable,  four  hundred  and  ninety-five  dollars, 
Duxbury,  thirty-two  hundred  and  forty-five  dollars. 
East  Bridgewater,  thirty-one  hundred  and  thirty-five 

dollars,    ...... 

East  Longmeadow,  eleven  hundred  dollars, 
Eastham,  five  hundred  and  fifty  dollars,    . 
Easthampton,  sixty-six  hundred  dollars,    . 
Easton,  eighty-six  hundred  and  ninety  dollars, 
Edgartown,   fourteen   hundred   and   eighty-five   dol 

lars,         ...... 

Egremont,  seven  hundred  and  seventy  dollars, 
Enfield,  thirteen  hundred  and  twenty  dollars, 
Erving,  thirteen  hundred  and  seventy-five  dollars, 
Essex,  eighteen  hundred  and  seventy  dollars, 


,740   00   State  tax  ap- 

6,820  00  L-JJri.^-'l 

715  00 
1,925  00 

715  00 
2,035  00 
1,760  00 
5,170  00 

42,515  00 

1,265  00 

1,100  00 

495  00 

17,710  00 
440  00 
495  00 

12,925  00 

10,725  00 
1,210  00 
9,845  00 
1,155  00 
550  00 
5,830  00 
605  00 
9,625  00 
6,215  00 

18,590  00 
2,530  00 
2,200  00 
1,595  00 
2,035  00 
1,925  00 
3,465  00 
2,585  00 
495  00 
3,245  00 

3,135  00 
1,100  00 
550  00 
6,600  00 
8,690  00 

1,485  00 
770  00 
1,320  00 
1,375  00 
1,870  00 


788  Acts,  1908.  — Chap.  656. 

State  tax  ap-     Evorott ,  thirtv-seveu  thousand  one  hundrod  and  eighty 

portioned  and  in.-  tj      •' 

assessed.  dollars,    ........ 

Fairhaven,  forty-eight  liuiuh'ed  and  forty  dollars, 
Fall   River,  one   hundred   thirty-four   thousand   and 
thirty-five  dollars,     ...... 

Falmouth,  thirteen  thousand  and  thirty-five  dollars,  . 
Fitchburg,  forty-four  thousand  dollars, 
Florida,  two  hundred  and  seventy-five  dollars,  . 
Foxborough,  thirty-four  hundred  and  ten  dollars, 
Framingham,    sixteen   thousand    nine   hundred    and 
ninety-five  dollars,    ...... 

Franklin,  fifty-seven  hundred  and  twenty  dollars, 
Freetpwn,  fourteen  hundred  and  eighty-five  dollars,    . 
Gardner,  eleven  thousand  six  hundred  and  sixty  dol- 
,  lars,         ........ 

Gay  Head,  fifty-five  dollars,     ..... 

Georgetown,  sixteen  hundred  and  fifty  dollars,  . 
Gill,  seven  hundred  and  fifteen  dollars, 
Gloucester,  thirty-five  thousand  and  thirty-five  dollars, 
Goshen,  two  hundred  and  seventy-five  dollars,  . 
Gosnold,  four  hundred  and  ninety-five  dollars,   . 
Grafton,  forty-one  hundred  and  eighty  dollars,  . 
Granby,  seven  hundred  and  seventy  dollars, 
Gran\ille,  seven  hundred  and  fifteen  dollars, 
Great  Barrington,  nine  thousand  and  twenty  dollars,  . 
Greenfield,  eleven  thousand  nine  hundred  and  ninet}' 
dollars,  ........ 

Greenwich,  four  hundred  and  forty  dollars, 
Groton,  fifty-one  hundred  and  fifteen  dollars,     . 
Groveland,  nineteen  hundred  and  twenty-five  dollars,  . 
Hadley,  nineteen  hundred  and  eighty  dollars, 
Halifax,  six  hundred  and  five  dollars, 
Hamilton,  fifty-seven  hundred  and  seventy-five  dollars, 
Hampden,  six  hundred  and  five  dollars,     . 
Hancock,  four  hundred  and  ninety-five  dollars, 
Hanover,  twenty-four  hundred  and  twenty  dollars,     . 
Hanson,  two  thousand  and  ninety  dollars, 
Hardwick,  twenty-nine  hundred  and  fifteen  dollars,    . 
Harvard,  nineteen  hundred  and  twenty-five  dollars,    . 
Harwich,  two  thousand  and  ninety  dollars, 
Hatfield,  twenty-four  hundred  and  twenty  dollars, 
Haverhill,  forty-six  thousand  and  ninety  dollars, 
Hawley,  two  hundred  and  seventy-five  dollars,  . 
Heath,  two  hundred  and  seventy-five  dollars,     . 
Hingham,  seventy-nine  hundred  and  seventy-five  dol- 
lars,        ........ 

Hinsdale,  ten  hundred  and  forty-five  dollars, 
Holbrook,  twenty-four  hundred  and  twenty  dollars,    . 
Holdcn,  twenty-six  hundred  antl  forty  dollars,    . 
Holland,  one  hundred  and  sixty-five  dollars, 
Holliston,  twenty-six  hundred  and  forty  dollars, 
Holyoke,  sixty-nine  thousand  eight  hundred  and  fifty 
dollars,    ........ 

Hopedale,  ninety-two  hundred  and  forty  dollars, 


$37,180  00 

4,840  00 

134,03.5 

00 

13,03.5 

00 

44,000  00 

27.5 

00 

3,410 

00 

16,99.5 

00 

5,720  00 

1,485 

00 

11,660 

00 

55 

00 

1,650  00 

715 

00 

35,035 

00 

275 

00 

495 

00 

4,180 

00 

770  00 

715 

00 

9,020 

00 

11,990 

00 

440 

00 

.5,115 

00 

1,925 

00 

1,980 

00 

605 

00 

5,775 

00 

605 

00 

495 

00 

2,420 

00 

2,090 

00 

2,915 

00 

1,925 

00 

2,090  00 

2,420 

00 

46,090  00 

275 

00 

275  00 

7,975 

00 

1,045 

00 

2,420  00 

2,640 

00 

165 

00 

2,640  00 

69,850 

00 

9,240  00 

Acts,  1908.  — Chap.  656. 


789 


Hopkinton,  twenty-eight  hundred  and  five  dollars, 
Hubbardston,  eleven  hundred  and  fifty-five  dollars, 
Hudson,  fifty-nine  hundred  and  ninety-five  dollars, 
Hull,  sixty-seven  hundred  and  ten  dollars, 
Huntington,  ten  hundred  and  forty-five  dollars, 
Hyde  Park,  twenty  thousand  six  hundred  and  eighty 

dollars,   ....... 

Ipswich,  sixty-nine  hundred  and  thirty  dollars, 
Kingston,  twenty-seven  hundred  and  fifty  dollars, 
Lakeville,  eleven  hundred  tlollars, 
Lancaster,  fifty-seven  hundred  and  twenty  dollars, 
Lanesborough,  eight  hundred  and  twenty-five  doUar.s, 
Lawrence,   eighty-two  thousand   seven   hundred  and 

seventy-five  dollars,  .... 

Lee,  thirty-five  hundred  and  seventy-five  dollars, 
Leicester,  thirty-seven  hundred  and  ninety-five  dollars 
Lenox,  seventy-four  hundred  and  eighty  dollars, 
Leominster,    sixteen    thousand    seven    hundred    and 

twenty  dollars,  ..... 

Leverett,  five  hundred  and  fifty  dollars,     . 
Lexington,  ten  thousand  seven  hundred  and  twenty- 
five  dollars,      . 
Leyden,  three  hundred  and  thirty  dollars, 
Lincoln,  forty-seven  hundred  and  thirty  dollars, 
Littleton,  fifteen  hundred  and  ninety-five  dollars, 
Longmeadow,  seventeen  hundred  and  sixty  tloUars, 
Lowell,  one  hundred  twenty  thousand  six  hundred  and 

fifteen  dollars,  ..... 

Ludlow,  forty-seven  hundred  and  thirty  dollars, 
Lunenburg,  sixteen  hundred  and  fifty  dollars,  . 
Lynn,  one  hundred  three  thousand  eight  hundred  and 

forty  dollars,    ...... 

LjTinfield,  eleven  hundred  and  fifty-five  dollars. 
Maiden,  fifty-six  thousand  nine  hundred  and  eighty 

dollars,   .  .    ,      . 

Manchester,  twenty-one  thousand   one  hundred  and 

twenty  dollars,  ..... 

Mansfield,  forty-four  hundred  and  fifty-five  dollars, 
Marblehead,  twelve  thousand  two  hundretl  and  sixty 

five  dollars,       ...... 

Marion,  twenty-six  hundred  and  ninety-five  dollars, 
Marlborough,  sixteen  thousand  five  hundred  and  fifty 

five  dollars,      ...... 

Marshfield,  twenty-eight  hundred  and  five  dollars, 
Mashpee,  three  hundred  and  thirty  dollars, 
Mattapoisett,  twenty-six  hundred  and  forty  dollars, 
Maynard,  sixty -two  hundred  and  fifteen  dollars, 
Medfieid,  twenty-seven  hundred  and  fifty  dollars, 
Medford,   thirty-four    thousand    eight    hundred    and 

fifteen  dollars,  ..... 

Medway,  twenty-two  hundred  and  fifty-five  dollars, 
Melrose,  twenty-four  thousand  seven  hundred  and  fifty 

dollars,    ....... 

Mendon,  ten  hundred  and  forty-five  dollars, 


$2,805  00  state  tax  ap- 
1  1  ■'"  I"  on  PCTtioned  and 
1,1  OO   UU   assessed. 

5,995  00 
6,710  00 
1,045  00 

20,680  00 
6,930  00 
2,750  00 
1,100  00 
5,720  00 
825  00 

82,775  00 
3,575  00 
3,795  00 
7,480  00 

16,720  00 
550  00 

10,725  00 

330  00 

4,730  00 

1,595  00 

1,760  00 

120,615  00 
4,730  00 
1,650  00 

103,840  00 
1,155  00 

56,980  00 

21,120  00 
4,455  00 

12,265  00 
2,695  00 

16,555  00 
2,805  00 
330  00 
2,640  00 
6,215  00 
2,750  00 

34,815  00 
2,255  00 

24,750  00 
1,045  00 


790  Acts,  1908.  — Ciiap.  G5G. 

^ortfoned  and    ^I^rrlmac,  two  thousand  and  thirty-five  dollars,           .  $2,035  00 

Ksid.   ""^      Methueii,  eighty-eight  hundred  dollars,                            .  8,800  00 

Middleborough,    seventy-four    hundred     and     eighty 

dollars,    .          .        " 7,480  00 

Middlefield,  three  huntlred  and  thirty  dollars,                .  330  00 

Middleton,  twelve  hundred  and  ten  dollars,                   .  1,210  00 
Milford,   eleven   thousand  three  hvuidred   and   thirtv 

dollars, '.  11,330  00 

Millbury,  thirty-nine  hundred  and  sixtv  dollars,           .  3,960  00 

]\Iillis,  twelve  huntlred  and  ten  dollars,"                .          .  1,210  00 
Milton,  thirty-eight  thousand  nine  hundred  and  ninet  v- 

five  dollars, '  .  38,995  00 

Monroe,  two  hundred  and  seventy-five  dollars,  .          .  275  00 

Monson,  thirty-two  hundred  and  forty-five  dollars,  3,245  00 

Montague,  sixty-eight  hundred  and  twenty  dollars,     .  6,820  00 

Monterey,  four  hundred  and  ninety-five  dollars,           .  495  00 

Montgomery,  two  hundred  and  twenty  dollars,  .          .  220  00 

Mount  Washington,  one  hundred  and  ten  dollars,        .  110  00 

Nahant,  eleven  thousand  and  fifty- five  dollars,  .          .  11,055  00 

Nantucket,  five  thousand  and  sixty  dollars,        .          .  5,060  00 
Natick,  eleven  thousand  two  hundred  and  seventv-five 

dollars, '         .  11,275  00 

Needham,  seventy-four  hundred  and  twentv-five  dol- 
lars,           '       .          .  7,425  00 

New  Ashford,  one  hundred  and  ten  dollars,         .          .  110  00 
New  Bedford,  one  hundred  eight  thousand  and  seventv- 
five  dollars, '  .  108,075  00 

New  Braintree,  six  hundred  and  sixty  dollars,    .          .  660  00 

New  Marlborough,  nine  hundred  and  ninety  dollars,    .  990  00 

New  Salem,  five  hundred  and  fifty  dollars,          .          .  550  00 

Newbury,  two  thousand  and  ninety  dollars,        .          .  2,090  00 
Newburyport,  eighteen  thousand  eight  hundred  and  ten 

dollars, 18,810  00 

Newton,  one  hundred  twelve  thousand  one  hundred 

and  forty-five  dollars,        .....  112,145  00 

Norfolk,  eleven  hundred  and  fifty-five  dollars,    .          .  1,155  00 
North  Adams,  twenty-five  thousand  six  hundred  and 

thirty  dollars, 25,630  00 

North    Andover,    seventy-nine    hundred    and    twenty 

dollars,    .          .         " 7,920  00 

North   Attleborough,    eightj^-two   hundred    and    fifty 

dollars, '.  8,250  00 

North  Brookfield,  twenty-six  hundred  and  ninetv-five 

dollars,    .          .         ■ ■         .  2,695  00 

North  Reading,  ten  hundred  and  forty- five  dollars,     .  1,045  00 
Northampton,    twenty-one    thousand    and    sixty-five 

dollars, 21,065  00 

Northborougli,  twenty-two  hundred  and  fifty-five  dol- 
lars,                   .  '       .          .  2,255  00 

Northbridge,  eighty-one  hundred  and  ninety-five  dol- 
lars,           8,195  00 

Northfield,  nineteen  hundred  and  eighty  dollars,  1,980  00 

Norton,  seventeen  hundred  and  sixty  dollars,     .          .  1,760  00 


Acts,  1908. 


Chap,  656. 


791 


Norvvell,  seventeen  hundred  and  five  dollars, 
Norwood,  ninety-five  hundred  and  fifteen  dollars, 
Oak  Bluffs,  twenty-five  hundred  and  eighty-five  dollars 
Oakham,  six  hundred  and  five  dollars, 
Orange,  sixty-one  hundred  and  sixty  dollars, 
Orleans,  eleven  hundred  dollars, 
Otis,  three  hundred  and  eighty-five  dollars, 
Oxford,  twenty-nine  hundred  and  fifteen  dollars. 
Palmer,  sixty-one  hundred  and  sixty  dollars, 
Paxton,  five  hundred  and  fifty  dollars, 
Peabody,  fifteen  thousand  three  hundred  and  forty-five 
dollars,    ....... 

Pelham,  three  hundred  and  thirty  dollars, 
Pembroke,  fourteen  hundred  and  eighty-five  dollars, 
Pepperell,  thirty-seven  hundred  and  forty  dollars, 
Peru,  two  himdred  and  twenty  dollars. 
Petersham,  eleven  hundred  and  fifty-five  dollars, 
Phillipston,  four  hundred  and  forty  dollars, 
Pittsfield,  thirty-one  thousand  two  hundred  and  ninety- 
five  dollars,       ...... 

Plainfield,  three  hundred  and  thirty  dollars, 
Plainville,  eleven  hundred  and  fifty-five  dollars, 
Plymouth,  sixteen  thousand  and  five  dollars, 
Plympton,  five  hundred  and  fifty  dollars,  . 
Prescott,  three  hundred  and  thirty  dollars, 
Princeton,  seventeen  hundred  and  five  dollars,   . 
Provincetown,  thirty-three  liundred  and  fifty-five  dol 
lars,         ....... 

Quincy,  forty-three  thousand  and  sixty-five  dollars, 
Randolph,  thirty-eight  hundred  and  fifty  dollars, 
Raynham,  thirteen  hundred  and  twenty  dollars, 
Reading,  seventy-nine  hundred  and  twenty  dollars, 
Rehoboth,  thirteen  hundred  and  twenty  dollars. 
Revere,  twenty  thousand  two  hundred  and  forty  dol 
lars,         ....... 

Richmond,  five  hundred  and  fifty  dollars, 
Rochester,  nine  hundred  and  ninety  dollars, 
Rockland,  sixty-one  hundred  and  five  dollars,    . 
Rockport,  forty-nine  hundred  and  fifty  dollars, 
Rowe,  three  hundred  and  thirty  dollars,    . 
Rowley,  twelve  hundred  and  sixty-five  dollars,  . 
Royalston,  nine  hundred  and  thirty-five  dollars, 
Russell,  nine  hvmdred  and  ninety  dollars,  . 
Rutland,  eleven  hundred  and  fifty-five  dollars,  . 
Salem,  fifty-two  thousand  one  hundred  and  ninety-five 
dollars,    ....... 

Salisbury,  thirteen  hundred  and  seventy-five  dollars, 
Sandisfield,  five  hundred  and  fifty  dollars, 
Sandwich,  sixteen  hundred  and  fifty  dollars, 
Saugus,  seventy-four  hundred  and  eighty  dollars, 
Savoy,  three  hundred  and  thirty  dollars,   . 
Scituate,  six  thousand  and  fifty  dollars,     . 
Seekonk,  seventeen  hundred  and  sixty  dollars,  . 


$1,705  00  State  taxap- 
Q  f-1  r  /-vpv  portioned  and 
J,OiO    Uu   assessed. 

2,585  00 

605  00 
6,160  00 
1,100  00 

385  00 
2,915  00 
6,160  00 

550  00 

15,345  00 

330  00 
1,485  00 
3,740  00 

220  00 
1,155  00 

440  00 

31,295  00 

330  00 

1,155  00 

16,005  00 

550  00 

330  00 

1,705  00 

3,355  00 
43,065  00 
3,850  00 
1,320  00 
7,920  00 
1,320  00 

20,240  00 

550  00 

990  00 

6,105  00 

4,950  00 

330  00 

1,265  00 

935  00 

990  00 

1,155  00 

52,195  00 
1,375  00 

550  00 
1,650  00 
7,480  00 

330  00 
6,050  00 
1,760  00 


792 


Acts,  1908. 


Chap.  G50. 


State  tax  ap- 
portioned and 
assessed. 


Sharon,  thirty-six  hundred  and  eighty-five  dollars, 
Sheffield,  seventeen  hundred  and  sixty  dollars,  . 
Shelburne,  seventeen  hundred  and  five  dollars,  . 
Sherborn,  two  thousand  and  thirty-five  dollars, 
Shirley,  sixteen  hundred  anil  fifty  dollars, 
Shrewsbury,  twenty-four  hundred  and  twenty  dollars, 
Shutesbury,  three  hundred  and  thirty  dollars,    . 
Somerset,  two  thousand  and  thirty-five  dollars, 
Somerville,    ninety-six   thousand    four    hundred    and 
seventy  dollars,         ...... 

South  Hadley,  forty-six  hundred  and  seventy-five  dol- 
lars,        ........ 

Southampton,  eight  hundred  and  twenty-five  dollars, 
Southborough,  thirty-one  hundred  and  ninety  dollars, 
Southbridge,  ninety-three  hundred  and  fifty  dollars, 
Southwick,  ten  hundred  and  forty-five  dollars,   . 
Spencer,  sixty-seven  hundred  and  ten  dollars,     . 
Springfield,  one  hundred  forty-two  thousand  and  ten 

dollars,    .  .  . 

Sterling,  fifteen  hundred  and  ninety-five  dollars, 
Stockbridge,  fifty-six  hundred  and  ten  dollars,   . 
Stoneham,  eight  thousand  and  eighty-five  dollars, 
Stoughton,  fifty-nine  hundred  and  forty  dollars, 
Stow,  thirteen  hundred  and  seventy-five  dollars, 
Sturbridge,  sixteen  hundred  and  fifty  dollars,     . 
Sudbury,  nineteen  hundred  and  eighty  dollars,  . 
Sunderland,  eight  hundred  and  eighty  dollars,    . 
Sutton,  two  thousand  and  ninety  dollars,  . 
Swampscott,  thirteen  thousand  six  hundred  and  forty 
dollars,    ....... 

Swansea,  twenty-three  hundred  and  ten  dollars, 
Taunton,   thirty-eight  thousand  three   hundred  and 
thirty-five  dollars,     ..... 

Templeton,  twenty-eight  hundred  and  sixty  dollars, 
Tewksbury,  fifteen  hundred  and  ninety-five  dollars, 
Tisbury,  twenty-three  hundred  and  ten  dollars,. 
Tolland,  two  hundred  and  seventy-five  dollars,  . 
Topsfield,  seventeen  hundred  and  five  dollars,    . 
Townsend,  two  thousand  and  thirty-five  dollars, 
Truro,  six  hundred  and  sixty  dollars, 
Tyngsborough,  eight  hundred  and  eighty  dollars, 
Tyringham,  four  hundred  and  forty  dollars, 
Upton,  eighteen  h\nidred  and  fifteen  dollars, 
Uxbridge,  forty-six  hundred  and  seventy-five  dollars, 
Wakefield,  thirteen  thousand  eight  hundred  and  five 
dollars,   ........ 

Wales,  four  hundred  and  ninety-five  dollars, 
Walpole,  sixty-one  hundred  and  five  dollars, 
Waltham,  thirty-nine  thousand  and  fifty  dollars. 
Ware,  seventy-seven  hundred  and  fifty-five  dollars,     . 
Wareham,  fifty-eight  hvuidred  and  eighty-five  dollars, 
Warren,  thirty-three  hundred  dollars, 
Warwick,  five  hundred  and  fifty  dollars,    . 


$3,685  00 
1,7G0  00 
1,705  00 
2,035  00 
1,650  00 
2,420  00 
330  00 
2,035  00 

96,470  00 

4,675  00 
825  00 
3,190  00 
9,350  00 
1,045  00 
6,710  00 

142,010  00 
1,595  00 
5,610  00 
8,085  00 
5,940  00 
1,375  00 
1,650  00 
1,980  00 
880  00 
2,090  00 

13,640  00 
2,310  00 

38,335  00 

2,860  00 

1,595  00 

2,310  00 

275  00 

1,705  00 

2,035  00 

660  00 

880  00 

440  00 

1,815  00 

4,675  00 

13,805  00 

495  00 

6,105  00 

39,050  00 

7,755  00 

5,885  00 

3,300  00 

550  00 


Acts,  1908.  — Chap.  656.  798 

Washington,  four  hundred  and  forty  dollars, 

Watertown,  twenty  thousand  two  hundred  and  forty 
dollars,   ........ 

Wayland,  tliirty-three  hundred  and  fifty-five  dollars,  . 

Webster,  tliirteen  thousand  three  hundred  and  ten 
dollars,   ........ 

Wellesley,  nineteen  thousand  eight  hundred  and  fifty- 
five  dollars,      ....... 

Wellfleet,  sixteen  hundred  and  fifty  dollars, 

Wendell,  three  hundred  and  eighty-five  dollars, 

Wenham,  thirty-three  hunch'ed  and  fifty-five  dollars,  . 

West  Boylston,  twelve  hundred  antl  ten  dollars. 

West  Bridgewater,  eighteen  hundred  and  seventy  dol- 
lars,        ........ 

West  Brookfield,  fourteen  hundred  and  thirty  dollars, 

West  Newbury,  seventeen  hundred  and  sixty  dollars,  . 

West  Springfield,  ninety-six  hundred  and  eighty  dollars, 

West  Stockbridge,  seven  hundred  and  fifteen  dollars,  . 

West  Tisbury,  seven  hundred  and  fifteen  dollars, 

Westborough,  fifty-one  hundred  and  seventy  doUars,  . 

Westfield,  fourteen  thousand  eight  hundred  and  fifty 
dollars,    ........ 

Westford,  thirty-three  hundred  and  fifty-five  dollars,  . 

Westhampton,  three  hundred  and  eighty-five  dollars,  . 

Westminster,  thirteen  hundred  and  twenty  dollars, 

Weston,  ten  thousand  six  hundred  and  fifteen  dollars, 

Westport,  tv.-enty-eight  hundred  and  sixty  dollars. 

West  wood,  thirty-three  hundred  and  fifty-five  dollars, 

Weymouth,  eleven  thousand  six  hundred  and  sixty 
dollars,    ........ 

Whately,  seven  hundred  and  seventy  dollars, 

Whitman,  seventy-one  hundred  and  fifty  dollars, 

Wilbraham,  seventeen  hundred  and  five  dollars, 

Williamsburg,  fifteen  hundred  and  ninety-five  dollars, 

Williamstown,  forty-eight  hundred  and  ninety-five 
dollars,    ........ 

Wilmington,  two  thousand  and  ninety  dollars,    . 

Winchendon,  fifty-five  hundred  and  fifty-five  dollars,. 

Winchester,  eighteen  thousand  and  ninety-five  dollars, 

Windsor,  four  hundred  and  forty  dollars,  . 

Winthrop,  fourteen  thousand  seven  hundred  and  forty 

dollars, .  .        14,740  00 

Woburn,  seventeen  thousand  two  hundred  and  seventy 

dollars, 17,270  00 

Worcester,  two  hundred  six  thousand  four  hundred 

and  fifteen  dollars, 206,415  00 

Worthington,  four  hundred  and  ninety-five  dollars,     .  495  00 

Wrentham,  sixteen  hundred  and  fifty  dollars,     .  .  1,650  00 

Yarmouth,  thirty-one  hundred  and  ninety  dollars,       .  3,190  00 

Section  2.     The  treasurer  of  the  eommonwealth  shall  Treasurer  to 

issue  warrant. 

forthwith  send  his  warrant,  directed  to  the  selectmen  or 


$440   00   state  tax  ap- 
portioned and 
assessed. 

20,240  00 
3,355  00 

13,310  00 

19,855  00 
1,650  00 

385  00 

3,355  00 
1,210  00 

1,870  00 
1,430  00 
1,760  00 
9,680  00 

715  00 

715  00 

5,170  00 

14,8.50  00 

3,355  00 

385  00 

1,320  00 

10,615  00 

2,860  00 

3,355  00 

11,660  00 

770  00 

7,150  00 

1,705  00 

1,595  00 

4,895  00 

2,090  00 
5,5.55  00 

18,095  00 
440  00 

794 


Acts,  1908. 


Chap.  ijb6. 


Payment  of 
assessments. 


Notice  to 
treasurers  of 
delinquent 
cities  and 
towns. 


assessors  of  each  city  and  town  taxed  as  aforesaid,  requir- 
ing them  resjKH'tively  to  assess  the  snm  so  charged,  ac- 
cording to  the  provisions  of  section  thirty-four  of  chapter 
tweh'e  of  the  Kevised  Laws,  and  to  add  the  amount  of  such 
tax  to  the  amount  of  town  and  county  taxes  to  be  assessed 
by  them  respectively  on  each  city  and  town. 

Section  3,  The  treasurer  of  the  commonweahh  in  his 
warrant  shall  require  the  said  selectmen  or  assessors  to  pay, 
or  issue  severally  their  warrant  or  warrants  requiring  the 
treasurers  of  their  several  cities  or  towns  to  pay  to  the 
treasurer  of  the  commonwealth,  on  or  before  the  fifteenth 
day  of  Xovember  in  the  year  nineteen  hundred  and  eight, 
the  sums  set  against  said  cities  and  towns  in  the  schedule 
aforesaid ;  and  the  selectmen  or  assessors  respectively  shall 
return  a  certificate  of  the  names  of  the  treasurers  of  their 
several  cities  and  towns,  with  the  sum  which  each  may  be 
required  to  collect,  to  the  treasurer  of  the  commonwealtli 
at  some  time  before  the  first  day  of  September  in  the  year 
nineteen  hundred  and  eight. 

Section  4.  If  the  amount  due  from  any  city  or  town, 
as  provided  in  this  act,  is  not  paid  to  the  treasurer  of  the 
commonwealth  within  the  time  specified,  then  the  said 
treasurer  shall  notify  the  treasurer  of  such  delinquent  city 
or  town,  who  shall  pay  into  the  treasury  of  the  common- 
wealth, in  addition  to  the  tax,  such  further  sum  as  would 
be  equal  to  one  per  cent  per  month  during  such  delinquency 
from  and  after  the  fifteenth  day  of  November  in  the  year 
nineteen  hundred  and  eight ;  and  if  the  same  remains  un- 
paid after  the  first  day  of  December  in  the  year  nineteen 
hundred  and  eight,  an  information  may  be  filed  by  the 
treasurer  of  the  commonwealth  in  the  supreme  judicial 
court  or  before  any  justice  thereof,  against  such  delinquent 
city  or  town ;  and  upon  notice  to  such  city  or  town,  and  a 
sunnnary  hearing  thereon,  a  warrant  of  distress  may  issue 
against  such  city  or  \o\vn  to  enforce  the  payment  of  said 
taxes  under  such  penalties  as  said  court  or  the  justice 
thereof  before  whom  the  hearing  is  had  shall  order. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  13,  1908. 


Acts,  1908.  — Chap.  G57.  79^ 


An  Act  in  furtiiek  addition  to  the  several  acts  mak-  CJiap.657 

ING  appropriations  FOR  SUNDRY  MISCELLANEOUS  EX- 
PENSES AUTHORIZED  DURING  THE  PRESENT  YEAR,  AND 
FOR  CERTAIN   OTHER  EXPENSES  AUTHORIZED   BY   LAW. 

Be  it  enacted,  etc.,  as  fulluws: 

Section  1.  The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  except  as  otherwise  provided 
herein,  for  the  purposes  specified  in  certain  acts  and  re- 
solves @f  the  present  year  and  for  certain  other  expenses 
authorized  by  law,  to  wit :  — 

For  expenses   in  connection  with  the  establishment  of  etrrese^va*'-'^' 
the  Mount  Everett  reservation  in  the  county  of  Berkshire,  ^'o"- 
as  authorized  by  chapter  five  hundred  and  seventy-one  of 
the  acts  of-  the  present  year,  a  sum  not  exceeding  five  thou- 
sand dollars. 

For  the  maintenance  of  state  liighways  for  the  present  state  high- 
year  and  for   previous  years,   a   sum  not  exceeding  fifty 
thousand  dollars,  the  same  to  be  in  addition  to  the  one  hun- 
dred thousand  dollars  appropriated  by  chapter  two  hundred 
and  twelve  of  the  acts  of  the  present  year. 

The  necessary  expenses  in  connection  with  the  registra-  Registration  of 
tion  of  motor  vehicles  and  the  licensing  of  operators  thereof  des,°etx;^  " 
shall  be  paid  from  the  fees  provided  for  by  chapter  five 
hundred  and  eighty  of  the  acts  of  the  year  nineteen  hun- 
dred and  seven.  So  much  of  chapter  two  hundred  and 
twelve  of  the  acts  of  the  present  year  as  provides  for  tlie 
payment  of  these  expenses  out  of  the  treasury  of  the  com- 
monwealth is  hereby  repealed. 

To  provide  for  the  completion  of  the  hospital  building  Soldiers' 
and  certain  other  repairs  at  the  Soldiers'  Home  in  Massa- 
chusetts, as  authorized  by  chapter  one  hundred  and  twenty- 
three  of  the  resolves  of  the  present  year,  a  sum  not  exceed- 
ing twenty-five  thousand  dollars. 

For  the  widow  of  Thomas  L.  Davis,  as  authorized  by  widow  of 
chapter  one  hundred  and  twenty-four  of  the   resolves  of  Davis, 
the  present  year,  the  sum  of  four  hundred  dollars. 

To  provide  for. the  improvement  of  Essex  river,  as  an-  improvement 
thorized  by  chapter  one  hundred   and   twenty-five  of  the  °     ^^'^^  "^^"^^ 
resolves  of  the  present  year,  the  sum  of  five  thousand  dol- 
lars. 


796 


Acts,  1908.  — Chap.  657 


Dredging  of 
Weymouth 
Fore  river. 


Massachusetts 
hospital  for 
epileptics. 


State  indus- 
trial school 
for  girls. 


Medfield  in- 
sane asylum. 


Improvement 
of  Green 
harbor. 


Deputy  audi- 
tor of  the 
common- 
wealth. 


Supervisor  of 
accounts. 


Civil  ser\'ice 
commission. 


Commission  on 

industrial 

education. 


Westborough 
insane  hos- 
pital. 


To  provide  for  dredging  tlie  n])])er  part  of  Weymouth 
Fore  river,  as  authorized  hy  cha])ter  one  hundred  and 
twenty-six  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  twenty-five  hundred  (hollars. 

To  provide  for  certain  improvements  at  the  Massachu- 
setts hospital  for  epileptics,  as  authorized  by  chapter  one 
hundred  and  twenty-eight  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  thirteen  thousand  dollars. 

To  provide  for  certain  improvements  at  the  state  in- 
dustrial school  for  girls,  as  authorized  by  chapter  one  hun- 
dred and  twenty-nine  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  sixteen  tliousand  seven  hundred  forty- 
seven  dollars  and  thirty-eight  cents. 

To  provide  for  certain  improvements  at  the  Medfield 
insane  asylum,  as  authorized  by  chapter  one  hundred  and 
thirty  of  the  resolves  of  the  present  year,  a  sum  not  ex- 
ceeding thirteen  thousand  two  hundred  dollars. 

To  provide  for  expenses  relative  to  the  examination  and 
report  as  to  the  improvement  of  Green  harbor  in  the  town 
of  Marshfield,  as  provided  for  by  chapter  five  hundred 
and  eighty-five  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  fifteen  hundred  dollars. 

For  the  salary  of  the  de])uty  auditor  of  the  common- 
wealth, as  provided  for  by  chapter  five  hundred  and  ninety- 
seven  of  the  acts  of  the  present  year,  a  sum  not  exceeding 
seventeen  hundred  and  fifty  dollars. 

For  the  salary  of  the  supervisor  of  accounts,  as  provided 
for  by  chapter  five  hundred  and  ninety-seven  of  the  acts 
of  the  present  year,  a  sum  not  exceeding  twelve  hundred 
and  fifty  dollars. 

For  incidental  and  contingent  expenses  of  the  civil  ser- 
vice commission  made  necessary  by  the  provisitms  of  chap- 
tci-  two  hundred  and  ten  of  tlie  acts  of  the  present  year,  a 
sum  not  exceeding  thirty-five  hundred  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appropriated  for 
this  purpose. 

For  incidental  and  contingent  expenses  of  the  commis- 
sion on  industrial  education,  to  include  the  printing  and 
binding  of  their  report,  a  sum  not  (exceeding  one  thousand 
dollars,  the  same  to  be  in. addition  to  any  amount  hereto- 
fore appropriated  for  this  purpose. 

For  the  maintenance  of  the  Westhorough  insane  hos- 
})ital,  a  sum  not  exceeding  ten  thousand  dolhirs,  the  same 


Acts,  1908.  — Chap.  (357.  797 

to  be  in  addition  to  any  amount  heretofore  appropriated 
for  the  same  purpose. 

For  the  compensation  of  the  board  of  boiler  rules,   as  Board  of 
provided  for  bj  chapter  four  hundred  and  sixty-five  of  the  ^°''^'"  '■"^^^• 
acts  of  nineteen  hundred  and  seven,  a  sum  not  exceeding 
one  thousand  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  this  purpose. 

To  provide  for  the  expenses  of  the  commission  on  old  Commission  on 

•  1-111,  111  1    °^'^'  ^Se  pen- 

age  pensions,  as  authorized   by  chapter  one  nundred  and  sions. 

thirty-one  of  the  resolves  of  the  present  year,  a  sum  not 

exceeding  fifteen  thousand  dollars. 

To  provide  for  printing  a  pamphlet  edition  of  the  insur-  pamphiet 
ance  laws  of  the  commonwealth,  as  authorized  by  chapter  suran^efaws'. 
one  hundred  and  thirty-two  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  five  hundred  and  fifty  dollars. 

To  provide  for  the  purchase  of  an  adding  and  listing  Adding  ma- 
machine  for  the  insurance  department,  as  authorized  by  [ns'urance  de- 
chapter  one  hundred  and  thirty-three  of  the  resolves  of  the  P^rtment. 
present  year,  a  sum  not  exceeding  six  hundred  dollars. 

For  printing  and  binding  one  thousand  copies  of  the  printing  and 
compilation  of  the  railroad  and  street  railway  laws  of  the  plCition  of™' 
commonwealth,   including  laws   relating  to   the   abolition  ^treeTrli^iwly 
of  grade  crossings,  the  sum  of  fifteen  hundred  forty-three  i^^^. 
dollars  and  twenty-seven  cents,  to  be  paid  out  of  the  Rail- 
road Commissioners  Fund. 

To  provide  for  marking  the  l)oundary  lines  of  the  Grey-  Maridns  bovm- 
lock  reservation,  as  authorized  by  chapter  one  hundred  and  the  Greyfock 
thirty-five  of  the  resolves  of  the  present  year,  a  sum  not  reser^-ation. 
exceeding  seventeen  hundred  dollars. 

For  a   contribution  towards   the   expenses   of  the   fifth  Encampment 
national  encampment  of  the  united  Spanish  war  veterans,  spanVshwar 
as  authorized  by  chapter  one  hundred  and  thirty-six  of  the  '^'«*^''^°s- 
resolves  of  the  present  year,  a  sum  not  exceeding  twenty- 
five  hundred  dollars. 

To  provide  for  certain  improvements  at  the  state  farm,  state  farm. 
as  authorized  by  chapter  one  hundred  and  thirty-seven  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  four- 
teen thousand  five  hundred  dollars. 

To  provide  for  the  publication  of  certain  agricultural  rubiication  of 

•111  c  ••  n  1     ^  "^        ^  '         1    •^srtain  agri- 

statistics  by  the  bureau  of  statistics  of  labor,  as  authorized  cultural  sta- 

.  .  tistics. 

by  chapter  one  hundred  and  thirty-nine  of  the  resolves  of 
the  present  year,  a  sum  not  exceeding  eight  thousand  dol- 
lars. 


798 


Acts,  1908.  — Chap.  657. 


Exhibit  at  (he 
international 
ponfiiPJ^s  on 
tuberculosis. 


New  bridge 
across  the 
Neponset  river. 


Improvement 
of  the  harbor 
of  Cuttyhunk. 


Commission  to 
investigate 
subject  of  pub- 
lic improve- 
ments for  the 
metropolitan 
district. 


Hospital  for 
acute  and 
curable  men- 
tal patients. 


Additional  ac- 
commodations 
for  the  state 
library. 


Improvements 
at  certain  in- 
stitutions. 


Rental  of  of- 
fices, etc.,  for 
the  use  of  the 
board  of  gas 
and  electric 


To  provide  for  an  exhibit  at  the  international  congress 
on  tiibercnlosis,  as  anthorized  by  chapter  one  hnndred  and 
forty  of  the  resolves  of  the  present  year,  a  sum  not  exceed- 
ing thirty-eight  hundred  dollars. 

For  expenses  in  connection  with  the  investigation  of  the 
desirability  of  constructing  a  new  bridge  across  the  ]S'epon- 
set  river  between  the  cities  of  Boston  and  Quincy,  and  the 
constructing  of  a  boulevard  in  the  city  of  Boston  from 
Cohnubia  road  to  the  jS[eponset  river,  as  authorized  by 
chapter  one  hundred  and  forty-one  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  twenty-five  hundred  dol- 
lars. 

For  the  improvement  of  the  harbor  of  Cuttyhunk  in  the 
town  of  Gosnold,  as  authorized  by  chapter  one  hundred 
and  forty-two  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  seventy-five  hundred  dollars. 

For  the  expenses  of  the  commission  to  investigate  the 
subject  of  public  improvements  for  the  metropolitan  dis- 
trict, appointed  under  chapter  one  hundred  and  eight  of 
the  resolves  of  the  year  nineteen  hundred  and  seven,  as 
authorized  by  chapter  one  hundred  and  forty-three  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  ten  thou- 
sand dollars,  the  same  to  be  paid  out  of  the  Metropolitan 
Parks  Maintenance  Fund. 

To  provide  for  the  preparation  of  plans  and  the  location 
of  a  hospital  for  acute  and  curable  mental  patients  in  the 
metropolitan  district,  as  provided  for  by  chapter  six  hun- 
dred and  twenty-six  of  the  acts  of  the  present  year,  a  sum 
not  exceeding  ten  thousand  dollars. 

To  provide  additional  accommodations  for  the  state  li- 
brary, as  authorized  by  chapter  one  hundred  and  forty- 
five  of  the  resolves  of  the  present  year,  a  sum  not  exceed- 
ing thirty  thousand  dollars. 

To  provide  for  certain  improvements  at  the  state  farm, 
the  Worcester  insane  asylum,  the  Worcester  insane  hospi- 
tal and  the  Wrentham  state  school,  as  authorized  by  chap- 
ter one  hundred  and  forty-six  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  one  hundred  forty-one  thousand 
nine  hundred  dollars. 

The  rental  of  such  offices  and  the  expense  of  fitting  and 
furnishing  the  same  for  the  use  of  the  board  of  gas  and 
electric  light  commissioners,  as  provided  for  by  chapter  six 


Acts,  1908.  — CuAr.  657.  799 

hundred  and  fifty-five  of  the  acts  of  the  present  year,  shall  Ijfissioners. 
be  paid  out  of  the  Gas  and  Electric  Light  Commissioners' 
Fund. 

To  enable  the  governor  and  council  to  remodel  and  re-  Rearrange- 
arrange  the  rooms  vacated  by  the  board  of  gas  and  electric  rooms  vacated 
light  commissioners,  and  rearrange  other  rooms  in  the  state  gas*and  dec- ° 
house  for  official  occupation,   as  j^rovided  for  by  chapter  missioners°"^' 
six  hundred  and  fifty-five  of  the  acts  of  the  present  year, 
a  sum  not  exceeding  five  thousand  dollars. 

To  provide  for  the  construction  of  a  breakwater  at  the  Construction 
mouth  of  Wild  harbor  in  the  town  of  Falmouth,  as  author-  at  the  mouth 
ized  by  chapter  one  hundred  and  forty-seven  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  five  thousand  dol- 
lars. 

Sectio>'  2.     This  act  shall  take  efl^ect  upon  its  passage. 

Approved  June  13,  190S. 


RESOLVES. 


Resolve  relative  to  the  publication  of  the  bulletin  (^i^ar)       1 


OF  committee  hearings 


Resolved,  That  the  publication  of  the  bulletin  of  corn-  Publication  of 
mittee  hearings   .shall   be   under   the   control   of  the  joint  committee"  ° 
committee  on  rules,  who  shall  appoint  the  editor  thereof  '^•'^"'^ss. 
and  fix  his  compensation.     The  bills  for  editing  and  print- 
ing the  bulletin  shall  be  approved  by  the  senate  or  house 
chairman  of  the  joint  committee  on  rules  before  being  filed 
in  the  auditor's  olfice  for  allowance.     The  sergeant-at-arms 
shall  mail  copies  of  the  bulletin  to  persons  making  appli- 
cation therefor,  on  payment  of  the  sum  of  two  dollars.     All 
sums  of  money  received  for  the  Inilletin  shall  be  paid  to 
the  treasurer  of  the  commonwealth  once  each  month. 

Approved  January  17,  1908. 


Chap. 


Resolve  to  authorize  the  treasurer  and  receiver 
general  to  borrow  money  in  anticipation  of  reve- 
nue. 

Resolved,  That,   in   anticipation  of  the  receipts  of  the  Treasurer  and 
present  year,  the  treasurer  and  receiver  general  is  hereby  erai'may^bor- 
authorized  to  borrow,  at  any  time  before  the  expiration  of  anlic'ipatfon' of 
fifteen  days  after  the  meeting  of  the  next  general  court,  revenue, 
such  sums  of  money  as  may  from  time  to  time  be  neces- 
sary for  the  payment  of  ordinary  demands  on  the  treas- 
ury, and  to  issue  bonds  or  notes  therefor,  at  such  rates  of 
interest  as  shall  be  found  necessary ;  and  he  shall  repay 
any  sums  borrowed  under  this  resolve  as  soon  as  money 
sufficient  for  the  purpose,  and  not  otherwise  appropriated, 
is  received  into  the  treasury. 

Approved  January  23,  1908. 


802 


Resolves,  1908.  —  Chaps.  3,  4,  5. 


ments,  etc. 


Chap.  3  IiKSOLVE  TO  AUTHORIZE  THE  TREASUEER  AND  RECEIVER 
GENERAL  TO  BORROW  MONEY  IN  ANTICIPATION  OF  ASSESS- 
MENTS FOR   THE   METROPOLITAN  DISTRICTS. 

Treasurer  and        Resolved,  That,  ID  anticipation  of  the  assessments  of  the 
erai  may  bor-    present  veai'  foi"  the  metropolitan  districts,  the  treasurer 

row  nioncy  in  . 

anticipation  of  and  reccivcr  general  is  hereby  authorized  to  borrow,  at  any 
district  assess-  time  bcfore  December  first,  nineteen  hundred  and  eight, 
such  sums  of  money  as  may  from  time  to  time  be  necessary 
for  the  payment  of  the  interest  and  maintenance  charges  of 
the  metropolitan  districts,  and  to  issue  notes  or  bonds  there- 
for, at  such  rates  of  interest  as  shall  be  found  necessary ; 
and  he  shall  repay  any  sums  borrowed  under  this  resolve 
as  soon  after  said  assessments  are  paid  as  is  expedient ; 
and  the  treasurer  and  receiver  general  is  hereby  authorized 
to  collect  from  the  cities  and  toAvns  of  said  metropolitan 
districts,  proportionately,  all  interest  that  may  be  paid 
upon  money  borrowed  under  this  resolve. 

Approved  January  23,  1908. 


Chap.        4   KesOLVE  TO   CONFIRM   THE  ACTS  OF   HENRY  S.   BRIDGE  AS   A 
JUSTICE  OF   THE   PEACE   AND  NOTARY  PUBLIC. 


Acts  of  Henry 
S.  Bridge,  jus- 
tice of  the 
peace  and 
notary  public, 
confirmed. 


Resolved,  That  the  acts  of  Henry  S.  Bridge  as  a  justice 
of  the  peace  and  notary  public,  between  the  sixteenth  day 
of  May  and  the  third  day  of  December  in  the  year  nine- 
teen hundred  and  seven,  are  hereby  confirmed  and  made 
valid,  to  the  same  extent  as  if  during  that  time  he  had 
been  qualified  to  discharge  the  duties  of  said  offices. 

Approved  January  27,  1908. 


Chap.      5  Resolve  to  confirm  the  acts  of  Patrick  j.  woods  as 

A  JUSTICE  OF   THE  PEACE. 


Acts  of  Pat- 
rick .1.  \\'oods, 
justice  of  tlie 
peace,  con- 
firmed. 


Resolved,  That  the  acts  of  Patrick  J,  Woods  as  a  justice 
of  the  peace,  between  the  eleventh  day  of  September  and 
the  fifteenth  day  of  Xovember  in  the  year  nineteen  hun- 
dred and  seven,  are  liercby  confirmed  and  made  valid,  to 
the  same  extent  as  if  during  that  time  he  had  ])eeii  (luali- 
fied  to  discharge  the  duties  of  said  office. 

Approved  January  21 ,  1908. 


Resolves,  1908.  — Chaps.  6,  7,  8,  9.  803 


Kesolve  rei^\tive  to  expenditures   by  heads   of  de-  (J]iap,     6 

TARTMENTS   AND   OFFICIALS    OF    THE    COMMONWEALTH. 

Resolved,  That  the  heads  of  departments  and  officials  Expenditures 
having  supervision  oi  or  charge  oi  expenditures  in  behali  departments 

(»      1  11/'  I'l  'j.'  1  3.nci  otnciEiis  oi 

01  the  commonv^ealth  lor  whicli  no  appropriations  nave  the  common- 
been  made  are  hereby  authorized  to  continue  the  several 
departments  of  service  under  their  charge  during  the  month 
of  February  until  such  appropriations  are  made  therefor  or 
the  pleasure  of  the  present  general  court  in  respect  thereto 
is  made  knoM^n.  Approved  January  29,  1908. 

EeSOLVE   in    favor   of   matt    B.    JONES,    ADMINISTRATOR   OF   (J]iqi^^        7 
THE   ESTATE   OF    ARTHUR   HAZARD. 

Resolved,  That   there  be   allowed  and   paid  out  of  the  in  favor  of 
treasury  of  the  commonwealth  to  Matt  B.  Jones,  admin-  Administrator' 
istrator  de  bonis  non  with  the  will  annexed  of  the  estate  of  Arthur  Haz- 
Arthiir  Hazard,   late  of  Brookline,   the  sum  of  five  hun-  ^'^'^' 
dred  dollars,  being  the  sum  paid  through  error  to  the  com- 
monwealth on  the  eighth   day  of  November  in   the  year 
nineteen  hundred  and  seven  as  a  tax  upon  certain  prop- 
erty passing  under  the  terms  of  said  will. 

Approved  Fehruarij  If,  190S. 

Resolve  to  confirm  the  acts  of  george  h.  wheeler  (JJki^^     g 

AS   A  justice   of  THE   PEACE, 

Resolved,  That  the  acts  of  George  H.  Wheeler  of  Weston  Acts  of 
as  a  justice  of  the  peace,  between  the  seventh  day  of  Sep-  whefier,  jus- 
tember   in   the  year  nineteen   hundred   and   five    and   the  pelce,  con- 
twenty-seventh  day  of  November  in  the  year  nineteen  hun-  ^™^^- 
dred  and  seven,  are  hereby  confirmed  and  made  valid,  to 
the  same  extent  as  if  during  that  time  he  had  been  quali- 
fied to  discharge  the  duties  of  said  office. 

Approved  Fehruarij  4,  19 OS. 

Resolve  relative  to  the  report  of  the  commission  nj^n^j      9 
ON  commerce  and  industry. 

Resolved,  That  the  commission  on  commerce  and  indus-  Commission  on 
try,  which  was  appointed  under  authority  of  chapter  one  industry  re- 
hundred  and  four  of  the  resolves  of  the  year  nineteen  hun-  ^'^^  '  ^  "' 


804: 


Kesolves,  1908.  — CiiAi's.  10,  11,  12. 


drcJ  and  seven,  is  hereby  revived  for  tlic  purpose  of 
l)re])aring  and  making  to  tlie  general  court  the  report  au- 
thorized by  said  resolve.  The  report  shall  be  made  and 
may  be  received  on  or  before  the  fourth  Monday  in  Feb- 
ruary of  the  current  year,  and  the  jiowers  of  the  commis- 
sion shall  then  terminate. 

Approved  Fchruari/  5,  190S. 


Chap.     10  IvESOLVE   TO   PEOVIDE    FOR   COMPENSATING   THE    TEEASUEEK 
AXD  EECEIVEPt  GENERAL  FOR  LOSS  SUSTAINED  BY  REASON 


OF     THE     FAILURE     OF 
BAMv,   OF  PEABODY. 


THE     SOUTH    DANVEES     NATIONAL 


Compcnsaling 
the  treasurer 
and  receiver 
g:ener;il  for  a 
certain  loss. 


Bcsolved,  That  there  be  allowed  to  the  treasurer  and 
receiver  general  of  the  commonwealth,  chargeable  to  ordi- 
nary revenue  of  the  current  year,  the  sum  of  three  thou- 
sand nine  hundred  tvrenty  dollars  and  twenty-two  cents, 
it  being  ths  amount  of  loss  on  a  deposit  of  the  funds  of 
the  commonwealth  in  the  South  Danvers  National  Bank, 
of  Peabody,  Massachusetts,  Ly  reason  of  the  failure  of  said 
bank  in  the  year  nineteen  hundred. 

Approved  Fchruanj  S,  1908. 


Trustees  of 
tlie  Soldiers' 
Home. 


Chcrj).   11  Resolve  in  favor  of  the  trustees  of  the  soldiers' 

HOME   IN   MASSACHUSETTS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  to  the  Trustees  of  the  Sol- 
diers' Home  in  Massachusetts,  the  sum  of  sixty-three  thou- 
sand dollars,  for  the  purpose  of  aiding  in  the  maintenance 
of  the  home  during  the  current  fiscal  year. 

Approved  February  IJf,  190S. 


Chcip.     12   RjiSOLVE  TO   CONFIRM   THE  ACTS  OF  DANIEL  B.   RUGGLES  AS 

A  JUSTICE  OF  THE  PEACE. 


Acts  f  f  Daniel 
U.  Ruggles, 
justice  of  the 
peace,  con- 
firmed. 


Bcsolved,  That  the  acts  of  Daniel  B.  Ituggles,  formerly 
of  Brookline  but  now  of  Boston,  as  a  justice  of  the  peace, 
l)etween  the  fourteenth  day  of  March  and  the  twenty-eighth 
day  of  December  in  the  year  ninetetMi  hundred  and  seven, 
are  hereby  confirmed  and  made  valid,  to  the  same  extent 
as  if  during  that  time  he  had  been  qualified  to  discharge 
the  duties  of  said  office.    Approved  February  17,  190S. 


Resolves,  1908.  —  Chaps.  13,  14,  15.  805 


Resolve  to  extend  the  time  within  which  the  state  QJfcin.   13 

BOARD  OF  CHAEITY  IS  KEQUIEED  TO  REPORT  RELATIVE  TO 
THE  ESTABLISHMENT  OF  AN  INDUSTRIxiL  SCHOOL  FOR 
BOYS. 

Besolved,  That  the  time  within  which  the  state  board  of  7''"®  extended 

•^  .  lor  making  a 

charity  is  required  to  report  to  the  general  court  relative  certain  report. 
to  the  establishment  of  an  industrial  school  for  boys,  under 
the  provisions  of  chapter  one  hundred  and  twenty-one  of 
the  resolves  of  the  year  nineteen  hundred  and  seven,  be 
extended  to  the  third  Wednesday  of  April  in  the  year  nine- 
teen hundred  and  eight.    Approved  February  17,  lOOS. 

Resolve  to  confirm  the  acts  of  henry  w.  hubbard  as  ni^ryq^    -\A 
a   justice   of   the   peace  authorized  to   soleisixize 
marriages. 

Resolved,  That  the  acts  of  Henry  W.  Hubbard  of  Bos-  Acts  of  iicnry 
ton,  as  a  justice  of  the  peace  with  authority  to  solemnize  justice  of  Tile 
marriages,  between  the  first  and  fifteenth  days  of  January  Miemn[ze 
in  the  year  nineteen  hundred  and  eight,  are  hereby  con-  coniirmld. 
firmed  and  made  valid,   to  the  same  extent  as  if  during 
that  time  ho  had  been  qualified  to  discharge  the  duties  of 
said  office.  Approved  Fehruary  17,  190S. 


Chap.  15 


."ings 


Resolve  relativi:  to  the  report  of  the  persons  ap- 
pointed TO  EXAMINE   THE   GENERAL  LAWS  RELATING;   TO 

savings  banks. 

Besolved,  That  the  report  of  the  bank  commissioner,  the  Report  on 
treasurer  and  receiver  general  and  the  commissioner  of  cor-  fawfreratiTs"^ 
porations,  who  were  authorized  by  chapter  twenty-four  of  bankl! 
the  resolves  of  the  year  nineteen  hundred  and  seven,  to 
examine  the  general  laws  of  this  commonwealth  relating 
to  savings  banks,  and  to  suggest  to  the  general  court  of  the 
year  nineteen  hundred  and  eight,  within  the  first  ten  days 
of  its  session,  any  changes  in  form  or  substance  that  might 
seem  to  them  desirable,  shall  be  made  and  may  be  received 
on  or  before  the  third  Monday  in  Feliruary  of  the  current 
year.  Approved  Fehruary  17,  1908. 


806  Resolves,  1908.  — Chaps.  16,  17,  18. 


Chap,  16  Resolve  in  favok  of  james  n.  iiemenway,  a  descendant 

OE    THE    HASSANAMISCO    TKIBE    OF    INDIANS. 

HemtnSay.  Resolved,  That  there  be  allowed  and   paid  out  of  the 

treasury  of  the  euminonwealth  to  the  selectmen  of  the  town 
of  Gardner,  an  annuity  of  three  hundred  dollars,  to  be  ex- 
pended by  the  said  selectmen  for  the  benefit  of  James  H, 
Hemenway,  son  of  the  late  Liza  Hemenway  and  Henry  B. 
Hemenway,  a  member  of  the  Hassanamisco  tribe  of  In- 
dians, for  the  rest  of  his  natural  life,  beginning  with  the 
first  day  of  January  in  the  year  nineteen  hundred  and 
eight,  and  payable  in  equal  quarterly  instalments. 

Approved  Fehruanj  22,  1908. 


(JliUp.  17  Resolve  to  pkovide  for  commemokating  the  one  hun- 
dredth ANNIVERSARY  OF  THE  BIRTH  OF  ABRAHAM  LIN- 
COLN. 

commemorat-        Besolved,  That  the  governor,  with  the  advice  and  con- 
ing the  one  .       .  . 

hundredth  an-   scut  of  the  coiHicil,  is  hereby  authorized  to  ai)i)oint  a  com- 

niversary  of  .  ^  '  .    ,    "^  /•      ^  ii 

the  birth  of       iiiittce  of  hvc  pcrsous,  citizous  of  the  connnonwealth,  one 

Abraham  Lin-         ,.        ,  ,  i      n     i       •  i      •  i       n       i-        i 

cohi.  (,t  whom  he  shall  designate  as  chairman,  and  all  oi  whom 

shall  serve  without  compensation,  to  be  known  as  the  Abra- 
ham Lincoln  Centennial  Committee.  Said  committee  shall 
consider  plans  and  arrange  for  and  carry  out  fitting  exer- 
cises for  the  proper  celebration,  on  February  twelfth,  nine- 
teen hundred  and  nine,  of  the  one  hundredth  anniversary 
of  the  birth  of  Abraham  Lincoln.  For  the  purposes  of  this 
resolve  the  committee  may  expend  a  sum  not  exceeding  one 
thousand  dollars,  to  be  paid  out  of  the  treasury  of  the  com- 
monwealth. Approved  February  24,  1908. 


Chap.   18  Resolve  to  authorize  an  appropriation  for  the  new 

EXGLAND    INDUSTRIAL    SCHOOL    FOR    DEAF    MUTES. 

New  England  Besolved,  That  there  be  allowed  and  paid  out  of  the 
School  for  treasury  of  the  ctmimonwealth  to  the  Xew  England  Indus- 
trial School  for  Deaf  Mutes  the  sum  of  thirty-five  hundred 
dollars,  the  same  to  be  paid,  upon  the  approval  of  the  state 
board  of  education,  to  the  trustees  of  said  school  and  to  be 
expended  under  the  direction  of  the  trustees  for  the  educa- 
tional purposes  of  the  school  for  the  year  nineteen  hundred 


Resolves,  1908.  — Chaps.  19,  20,  21,  22.  807 

and  eight.  The  trustees  shall  report  to  the  state  board  of 
educatiou  the  expenditures  made  under  authority  of  this 
resolve.  Approved  February  2J/.,  1908. 

KeSOLVE    in    favor    of    the    MASSACHUSETTS    CHARITABLE   QJint)      \C) 
EYE  AND  EAR  INFIRMARY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Massachusetts 
treasury  of  the  commonwealth  to  the  Massachusetts  Chari-  Eye"  mi  Ear 
table  Eye  and  Ear  Infirmary  the  sum  of  thirty-five  thou- 
sand dollars,  to  be  expended  under  the  direction  of  the 
managers  thereof,  for  the  charitable  purposes  of  the  in- 
firmary, during  the  year  nineteen  hundred  and  eight. 

Approved  Fehruary  2J^,  190S. 


Infirmary. 


Chcq^.  20 


Resolve  to  provide  for  furnishing  a  cottage  at  the 
ly'man  school  for  boys. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Lyman  school 
treasury  of  the  commonwealth  a  sum  not  exceeding  twenty-   °'    "^'^' 
four  hundred  dollars,  for  furnishing  a  cottage  at  the  Lyman 
school  for  boys,  which  was  erected  under  the  authority  of 
chapter  eighty-six  of  the  resolves  of  the  year  nineteen  hun- 
dred and  six.  Approved  Fehruary  21^,  1908. 

IlESOLVE    in    favor    of    SAMUEL    HILLMAN.  OJir/n      '^1 

Resolved,  That  there  be  allowed  and  paid  out  of  the  samnei  hiu- 
treasury  of  the  common  wealth  to  Samuel  Hillman  of  Xorth  '"'^"• 
Adams,  an  annuity  of  four  hundred  and  eighty  dollars, 
payable  in  equal  quarterly  instalments,  during  his  life,  be- 
ginning with  the  first  day  of  July  in  the  year  nineteen 
hinidred  and  eight,  for  injuries  sustained  by  him  while  he 
was  employed  at  the  Hoosac  tunnel,  his  injuries  being 
caused  by  an  explosion  of  nitroglycerine  negligently  placed 
by  employees  of  the  commonwealth.  Chapter  twelve  of 
the  resolves  of  the  year  nineteen  hundred  and  six  is  hereby 
repealed.  Approved  February  21/.,  1908. 

Resolve  relative  to  printing  the  report  of  the  com-  /^7  „„    99 

MISSION  appointed  TO  PROVIDE  FOR  A  REVISION  OF  THE  ^  '    ^'^ 

LAWS  RELATIVE  TO  TAXATION. 

Resolved,  That  there  be  printed  twenty-five  hundred  Revision  of 
copies  of  the  report  of  the  commission  appointed  under  ing  to  taxa- 
chapter  one  hundred  and  twenty-nine  of  the  resolves  of  the 


808  Kesolves,  1908.  — Chaps.  23,  24,  25. 

year  nineteen  Inmdred  and  seven  to  codify,  revise  and 
amend  the  laws  relating  to  taxation,  the  same  to  be  in  ad- 
dition to  the  nnmber  of  said  re])orts  i)rinted  as  a  honse 
document.  One  thousand  of  said  additional  copies  shall 
he  hound,  of  which  each  member  of  said  special  committee 
shall  receive  five  copies,  and  each  member  of  the  general 
court  shall  receive  three  copies.  The  remainder  shall  be 
distributed  under  the  direction  of  the  sergeant-at-arms. 

Approved  February  25,  1908. 

Ch(tp.  23  Resolve  to  extend  further  the  time  within  which 

THE   COMMISSION   ON   COMMERCP:   AND   INDUSTRY   MAY   RE- 
PORT. 

Time  extended.  Besolvcd,  Tluit  the  time  witliiu  which  the  commission  on 
commerce  and  industry  may  report  be  extended  until  the 
ninth  day  of  JMarch  in  the  year  nineteen  hundred  and  eight, 
on  or  before  which  date  a  report  shall  be  filed  by  said  com- 
mission. Approved  March  5,  1908. 

Chap.   24  Resolve   to    provide    for   the   improvement    of    the 

NEPONSET    RIVER. 

Improvement        Resolved,  That  tlic  couditions  set  forth  in  the  act  of  con- 

of  Neponset  .  ^  .  i    i        i  i    -i»  r         i 

river.  gress  knowH  as  the  river  and  harbor  act,  approved  JVlarch 

second,  nineteen  hundred  and  seven,  which  requires  that 
no  part  of  the  sum  apjn-opriated  by  congress  by  said  act 
shall  be  expended  until  the  secretary  of  war  shall  have 
received  satisfactory  assurance  that  the  improvement  of  a 
certain  part  of  the  Neponset  river  above  the  improvement 
provided  for  by  the  said  act  of  congress  shall  hereafter  be 
maintained  by  the  commonwealth  of  Massachusetts  or  other 
agency,  without  expense  to  the  government  of  the  United 
States,  are  hereby  accepted,  and  the  said  conditions  shall 
be  observed  by  the  commonwealth  in  accordance  with  the 
terms  of  the  act  of  congress  aforesaid. 

Approved  March  5,  1908. 

Chap.   25  Resolve  in  favor  of  anny  m.  clasen. 

Anny  M.  Rcsolved,  That  there  be  allowed  and   paid  out  of  the 

treasury  of  the  commonwealth  to  Anny  1\\.  Clasen  of 
Worcester  the  sum  of  one  hundred  and  seventy-five  dol- 


Resolves,  1908.  — Chaps.  2G,  27,  28.  809 

lars,  in  full  compensation  for  injuries  to  a  horse  owned  by 
her,  and  for  consequent  damages  suffered  by  her,  the  said 
horse  having  been  rented  by  her  to  lieutenant  Joseph  A. 
Smith,  paymaster,  first  battalion  of  field  artillery,  Massa- 
chusetts volunteer  militia,  for  use  by  him  during  his  tour 
of  duty  witli  the  militia  in  August,  nineteen  hundred  and 
seven.  Approved  March  o,  1908. 

Resoi>ve  in  favor  of  harry  e.  bowman.  Chan.  26 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Harry  e. 
treasury  of  the  commonwealth  to  Harry  E.  Bowman  of 
Reading  the  sum  of  twenty-eight  dollars,  in  full  compen- 
sation for  the  hire  of  a  horse  taken  by  him  to  Westfield, 
July  fourth,  nineteen  himdred  and  five,  as  a  member  of 
troop  D,  first  squadron  of  cavalry,  Massachusetts  volunteer 
militia,  and  kept  there  under  military  orders  from  July 
fifth  to  the  eleventh,  inclusive,  in  the  year  nineteen  hun- 
dred and  five.  Approved  March  G,  1908. 

Resolve  to  provide  for  reimbursino  george  ii.  allen  (JhQq^    27 

FOR   THE    LOSS    OF   A    HORSK    INJURED   WHILE    IN    USE    BY 
THE    MILITIA. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  George  h. 
treasury  of  the  commonwealth,  such  sum,  not  exceeding  ^  ^°' 
one  hundred  and  fifty  dollars,  as  may  be  necessary  to  re- 
imburse George  H.  Allen  of  Worcester  for  loss  of  his  horse 
by  accidental  injuries  received  in  camp  at  Ipswich  on  Au- 
gust sixth,  nineteen  hundred  and  seven,  the  horse  having 
been  hired  for  use  l)y  the  militia ;  said  sum  to  be  expended 
under  the  direction  of  the  adjutant  general. 

Approved  March  6,  1908. 


Chap.  28 


Resolve  in  favor  of  piiilip  g.  brown,  administrator 

OF  the  estate  of  SAMUEL  HANSON. 

Resolved,  That  there  be  allowed  and   paid  out  of  the  phiUp  g. 
treasury  of  the  commonwealth  to  Phili]>  G.  Brown,  admin-  miniltrator 
istrator  of  the  estate  of  Samuel  Hanson,  the  sum  of  two 
hundred  ninety-four  dollars   and   twelve  cents,   being  an 
overpayment  by  said  Brown  of  a  collateral  legacy  tax  on 
the  estate  of  said  Hanson.       Approved  March  6,  1908. 


810  Kesolves,  1908.  — Chaps.  29,  30,  31,  32. 


ChajJ.  29  Resolve  in  favok  of  aktiiuk  lauociie. 

^oche"'^^*'  Resolved,  That  there  be  allowed  and   paid  out  of  the 

treasury  of  the  commonwealth  to  Arthur  Laroche  of  Cam- 
bridge the  sum  of  fifty  dollars,  in  full  compensation  for 
injuries  to  a  horse  owned  by  him,  and  any  consequent  loss 
incurred,  the  said  horse  having  been  hired  for  service  in 
the  Roxbury  hoi'se  guards,  troop  D,  first  squadron  of  cav- 
alry, of  the  Massachusetts  volunteer  militia,  for  the  use  of 
Ernest  Masse,  trooper  in  the  said  squadron,  between  the 
sixteenth  and  twenty-third  days  of  August,  nineteen  hun- 
dred and  seven.  Approved  Mavcli  6,  1908. 

Chap.   30  Resolve  to  provide  for  the  expenses  of  a  rifle  team 

TO    PARTICIPATE    IN     COMPETITIONS    FOR    NATIONAL    AND 
OTHER  TROPHIES. 

JhemUhfaS         Besolved,,  That  there  be  allowed  and  paid  out  of  the 
take  part  in       treasury  of  the  commonwealth  a  sum  not  exceeding  three 

certain  com-  •'  _  ~^ 

petitions.  tliousaiid   dollars,  to  be  expended  by  the   acting  chief  of 

ordnance  in  defraying  the  expenses  of  a  rifle  team  to  par- 
ticipate in  competitions  for  national  and  other  trophies,  to 
be  held  at  such  time  and  place  as  shall  hereafter  be  deter- 
mined. Approved  March  6,  1908. 

Chap.   31  Resolve  in  favor  of  ella  tate  fox. 

Ella  Tate  Fox.  Resolved,  That  there  be  allowed  and  i)aid  out  of  the 
treasury  of  the  commonwealth  to  Ella  Tate  Fox  of  Spring- 
field the  sum  of  three  hundred  fifty-one  dollars  and  ten 
cents,  as  a  rebate  on  an  excessive  tax  levied  and  paid  into 
the  treasury  of  the  commonwealth  under  the  collateral  in- 
heritance tax  law.  Approved  March  9,  1908. 

Chap.  32  Resolve  to  extend  further  the  time  within  which 

THE   commission   ON    COMMERCE  AND  INDUSTRY   MAY   RE- 
PORT. 

Time  extended.  Resolved,  That  the  time  within  which  the  commission  on 
commerce  and  industry  may  report  be  extended  until  the 
eighteenth  day  of  ^Marcli  in  the  year  nineteen  hundred  and 
eight,  on  or  before  which  date  a  report  shall  be  filed  by 
said  commission.  Approved  March  9,  1908. 


Resolves,  1908.  — Chaps.  33,  34,  35.  811 


Resolve  in  favor  of  the  wauciiaccm  park  company.  (J]i(ip^  33 
Resolved,  That  there  be  paid  out  of  the  treasury  of  the  Wauchacum 

111  1-        •  in  1        ■     4-         Park  Com- 

coninionwealth  the  sinii  01  innetv-one  dollars  ana  sixty-  pany. 
eight  cents  to  the  Wauchacum  Park  Company,  a  corpora- 
tion duly  established  by  law  and  having  a  usual  place  of 
business  in  the  town  of  Sterling,  the  said  amount  having 
been  erroneously  paid  in  excess  of  the  taxes  of  said  corpo- 
ration for  the  year  nineteen  hundred  and  six. 

Approved  March  10,  lOOS. 


Resolve  to  provide  for  an  investigation  and  report  (JJ^^^p    34 

BY     the     state     board     OF     INSANITY     AS     TO     THE     BEST 
METHOD   OF   PROVISION    FOR   THE   INSANE. 

Resolved,   That   the   state   board   of  insanity   is   hereby  investigation, 
directed  to  investigate  and  report  to  the  general  court,  not  method  of 

n  1  1         ,1      ""^     1  ,•    -A  r  f    ,1  "^  1  -ii      providing  for 

later  than  the  hrst  day  of  May  of  the  present  year,  with  the  insane, 
such  recommendations  as  it  may  deem  necessary  or  expe- 
dient, as  to  the  l)est  method  of  providing  for  the  insane, 
including  those  in  Boston  and  its  vicinity,  in  situations 
convenient  to  the  interested  friends  of  such  insane  per- 
sons, with  special  reference  to  first,  the  care  and  observa- 
tion of  mental  cases,  second,  the  early  treatment  of  mental 
diseases,  and  third,  the  treatment  of  acute  and  curable 
cases  of  insanity.  Approved  March  I4,  1908. 

Resolve  to  provids  for  an  investigation  of  the  ad-  (Jj^^j)    35 

VISABILITY"    OF    CONSTRUCTING   A   FISH  WAY'   IN    THE    CITY 
OF   GLOUCESTER   FROM   NILES   POND  TO   THE    OCEAN. 

Resolved,  That  the  commissioners  on  fisheries  and  game  construction 
are  hereby  directed  to  investigate  and  determine  whether  °he%fty'of''^  '" 
it  would  be   practicable   and   advisable  to  connect  Niles  Gloucester, 
pond,    so-called,    otherwise   known    as    Ocean    pond,    near 
Brace's  cove,  in  that  part  of  Gloucester  known  as  Eastern 
Point,  with  Gloucester  harbor  or  the  sea  by  means  of  a 
fishway  so  that  fish,  and  especially  alewives,  might  pass 
between  the  ocean  and  the  said  pond.     The  commissioners 
shall  make  their  report  to  the  next  general  court  not  later 
than   January  fifth,   nineteen   hundred   and   nine,    and   if 
they  advise  the  construction  of  such  a  fishway  they  shall 
state  the  probable  expense  of  constructing  the  same. 

Approved  March  IJf.  1008. 


812 


Kesolves,  1908.  — Chaps.  36,  37,  38,  39. 


Chap.  36  Resoi^ve  to  provide  for  investigation  work  and  appa- 
ratus^ AND  FOR  MAINTENANCE  EXPENSES  IN  THE  BOILER 
INSPECTION    DEPARTMENT    OF    THE    DISTRICT    POLICE, 


Boiler  in- 
spection de- 
partment oi 
tlie  district 
police. 


Resolved,  That  there  may  be  expended  from  the  treas- 
ury of  the  commonwealth  by  the  chief  of  the  district  police, 
a  Slim  not  exceeding  one  thousand  dollars  for  investigation 
work,  for  apparatus  used  in  connection  with  the  inspec- 
tion of  steam  Iwilers,  and  for  the  installation  and  mainte- 
nance of  apparatus  used  by  the  boiler  inspection  depart- 
ment in  the  examination  of  engineers  and  firemen. 

Approved  March  14,  lOOS. 


Chan.    37    IvKSOLVE    RJiLATIVE    TO    EXPENDITURES    BY    HEADS    OF    DE- 
I'AHTMENTS   AND    OFFICIALS    OF    THE    COMMONWEALTH. 


Expenditures 
by  officials  of 
the  common- 
wealtli. 


Resolved,  That  the  heads  of  departments  and  officials 
having  supervision  of  or  charge  of  exiM'iiditures  in  behalf 
<»f  the  commonwealth  for  Avliich  no  appro^jriations  have 
been  made  are  hereby  authorized  to  continue  the  several 
departments  of  service  under  their  charge  during  the  month 
of  ]\Iarch  until  such  a]^pro]u-iations  are  made  therefor  or 
the  pleasure  of  the  ])reseiit  general  court  in  respect  thereto 
is  made  known.  Approved  March  18,  1908. 


Chap.    38    Iil'f^OLVE  TO  PROVIDE   FOR  REPAIRS  AND  IMPROVEMENTS   AT 
THE   STATE   NORMAL   SCHOOL  AT   FITCHBURCJ. 


Normal  school 
at  Fitchburg. 


Resolved,  That  there  be  allowed  and  ])aid  out  of  the 
tr(uisury  of  the  commonwealth  a  sum  not  exceeding  three 
thousand  dollars,  for  the  pur])oses  of  repairing  decayed 
floors,  and  of  providing  iiiijji-ovcments  in  the  laundry  ap- 
paratus and  conveniences  for  ])hysical  culture  at  the  state 
normal  school  at  Fitchburg,  said  amount  to  be  expended 
under  the  direction  of  the  state  board  of  education. 

Approved  March  18,  1908. 


Chap.     39  TJesOLVE  to  provide  for  CERTAIN  IMPROVEMENTS  AT  THE 
STATE  NORMAL  SCHOOL  AT  FRAMIXOHAM. 


Normal  school 
at  Framing- 
ham. 


Resolved,  That  there  be  allowed  and  jxiid  out  of  the 
treasury  of  the  commonwealth  a  sum  not  exceeding  fifty- 
five  hundred  dollars,  for  the  construction  of  an  addition  to 


Eesolyes,  1908.  — Ch^vts.  40,  41,  42.  813 

Crocker  Hall  at  the  state  noniial  school  at  rrainingham, 
and  for  certain  other  needed  alterations,  said  amount  to  be 
expended  under  the  direction  of  the  state  board  of  educa- 
tion. Approved  March  19,  190S. 

Resolve  in  favok  ok  joiix  foster.  Chan    40 

Resolved,  That  there  be  allowed  and  paid  out  of  the  John  Foster. 
treasury  of  the  commonwealth  to  John  Foster  of  Cam- 
bridge the  sum  of  twenty  dollars,  in  full  comjiensation  for 
the  hire  of  a  horse  taken  by  him  to  Westfield,  July  fourth, 
nineteen  hundred  and  five,  as  a  member  of  trooji  D,  first 
squadron  of  cavalry,  Massachusetts  volunteer  militia,  and 
kept  there  under  military  orders  from  July  eighth  to 
twelfth,  inclusive,  in  the  year  nineteen  hundred  and  five. 

Approved  Mar  eh  19,  190S. 

Resolve  to  provide  for  the  preservation^  of  an  an-  (^Lqjj    41 
cient  monument  or  boundary  mark  between   the 
towns  of  north  attleborouoh  and  plainvil1>e. 

Resolved,  That  the  board  of  harbor  and  land  commis-  Boundary 
sioners   is   hereby    authorized   and    directed    to   take    such  NorUiTtUe^" 
measures  as,  in  its  opinion,  may  be  necessary  for  the  proper  pbi'nluUe'!"'^ 
preservation  of  a  certain  ancient  monument  or  boundary 
mark,  located  between  the  towns  of  Xorth  Attleborough 
and  Plainville,  formerly  bounding  the  jMassaehusetts  and 
Plymouth  colonies,   known  as  the  Angle  Tree  monument, 
and  erected  by  authority  of  the  general  court  in  the  year 
seventeen  hundred  and  ninety.     Said  commission  may  ex- 
]iend  for  this  purpose  a  sum  not  exceeding  five  hundred 
dollars,  and  shall  make  a  re]X)rt  of  the  work  done  in  its 
annual  report  for  the  year  nineteen  hundred  and  nine. 

Approved  March  19,  1908. 

Resolve  to  provide  for  the  erection  of  a  memorial  ^j  ^9 

shaft  in  meimory  of  the  men  who  lost  their  lives  ^  '     ^ 

in  the  department  of  the  gulf  during  the  civil 

WAR. 

Resolved,  That  there  l)e  allowed  and  paid  out  of  the  Memorial  shaft 
treasury  of  the  commonwealth  the  sum  of  five  thousand  whr[ost"hefr" 
dollars,  to  be  expended  under  the  direction  of  a  commis-  civu^ar''^ 
sion  of  three  persons  to  be  appointed  by  the  governor,  for 


8U 


Resolves,  1908.  —  Chaps.  48,  44,  45. 


the  erection  of  a  suitable  shaft  at  Baton  Ivoiige,  Louisiana, 
in  memory  of  the  officers  and  men  of  the  army  and  navy 
from  Massachusetts  who  lost  their  lives  in  the  department 
of  the  gulf  during  the  civil  war. 

Approved  March  10,  190 S. 

(JJiai).  43  IvESOl.VE  TO  PKOVIDE  FOR  PKINTKNG  ADDITIONAL  COPIES  OF 
THE  ANNUAL  EEPORT  OF  THE  SUPERINTENDENT  FOR  THE 
SUPPRESSION   OF   THE   GYPSY  AND   BROWN   TAIL   ]\lOTUS. 

Besolved,  That  there  be  printed  thirty-five  hundred  ad- 
ditional copies  of  the  annual  report  of  the  superintendent 
for  the  suppression  of  the  gypsy  and  brown  tail  moths,  the 
same  to  be  distributed  under  his  direction. 

Approved  March  19,  190S. 


Report  on 
gypsy  and 
brown  tail 
moths. 


Chctp.   44  Resolve  relative  to  printing  the  report  of  the  com- 
mission   APPOINTED    TO    EXAMINE    THE    GENERAL    LAWS 


Report  of 
commission  to 
examine  gen- 
eral laws  re- 
lating to  sav- 
ings banks. 


RELATING   TO  SAVINGS  BANKS. 

Besolved,  That  there  be  printed  two  thousand  copies  of 
the  report  of  the  bank  commissioner,  the  treasurer  and 
receiver  general,  and  the  commissioner  of  corporations, 
who  were  authorized  under  chapter  twenty-four  of  the  re- 
solves of  the  year  nineteen  hundred  and  seven  to  examine 
the  general  laws  relating  to  savings  banks,  the  same  to  be 
printed  in  addition  to  the  number  of  said  reports  printed 
as  a  house  document.  One  thousand  of  said  additional 
copies  shall  be  bound,  of  which  each  member  of  said  com- 
mission shall  receive  ten  copies,  and  each  member  of  the 
general  court  shall  receive  three  copies.  Five  hundred 
copies  of  the  remainder  shall  be  distributed  under  the 
direction  of  the  bank  commissioner,  and  the  balance  under 
the  direction  of  the  sergeant-at-arms. 

Approved  March  20,  1908. 


Chap.  45  Resolve  to  provide   for  a  survey  of   the  lands  of 

THE    STATE    PRISON   AND   THE   RJ2FORMATORY   PRISON    FOR 
WOMEN. 

Besolved,  That  there  be  allowt^d  and  ])nu\  out  of  the 
treasury  of  the  commonwealth  a  sum  not  exceeding  three 
hundred  dollars,  to  be  expended  by  tlie  board  of  prison 
commissioners  in  making  a  survey  of  the  lands  appurte- 


Survey  of  the 
lands  of  the 
state  prison, 
etc. 


Resolves,  1908.  — Chaps.  46,  47.  815 

nant  to  the  state  prison  in  Boston  and  to  the  reformatory 
prison  for  women  in  Sherborn  and  Framingham,  and  in 
making  plans  of  such  lands  and  the  buildings  thereon. 

Approved  March  20,  1908. 

Resolve  to  provide  for  the  representation  of  the  /^7,^,^     \a 

COMMONWEALTH  AT  THE  DEDICATION  OF  THE  MONU- 
MENT TO  BE  ERECTED  IN  THE  NATIONAL  CEMETERY  AT 
NEWBERN,    NORTH    CAROLINA. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Dedication  of 
treasury  of  the  commonwealth  a  sum  not  exceeding  four  }he"nationar 
thousand  dollars,  to  be  expended  under  the  direction  of  the  Newborn,  n.c. 
governor  and  council  for  a  proper  representation  of  the 
commonwealth  at  the  dedication  of  the  monument  to  be 
erected  under  the  provisions  of  chapter  thirty-four  of  the 
resolves  of  the  year  nineteen  hundred  and  seven,  on  the 
grounds  of  the  national  cemetery  at  iSTewbern,  North  Caro- 
lina, by  the  following  officials :  —  His  excellency,  the  gov- 
ernor ;  the  lieutenant  governor ;  two  members  of  the  gov- 
ernor's staff ;  two  members  of  the  executive  council ;  the 
president  of  the  senate ;  the  speaker  of  the  house  of  repre- 
sentatives ;  the  clerk  of  the  senate  and  the  clerk  of  the 
house  of  representatives ;  the  joint  committee  on  military 
affairs ;  thfe  monument  committee ;  two  members  from  each 
regiment  which  served  in  the  department  of  Xortli  Caro- 
lina, one  of  whom  shall  be  an  officer,  and  one  of  whom  shall 
be  an  enlisted  man,  to  be  selected  by  the  different  organi- 
zations, or  by  the  senior  officer  when  no  regimental  asso- 
ciations exist,  or  if  it  has  no  regular  meeting  before  the 
appointments  must  be  made,  except  that  a  member  of  any 
such  regiment  who  is  also  a  member  of  the  monument 
committee  shall  be  counted  as  one  of  the  members  selected 
from  that  regiment ;  all  to  be  approved  by  the  governor ; 
and  such  other  guests  as  the  governor  may  personally  in- 
vite. Approved  March  23,  1908. 


Chap.  47 


Resolve  to  provide  for  improvements  at  the  state 

NORMAL    school    AT    WESTFIELD, 

Besolved,  That  there  be  allowed  and  paid  out  of  the  Normal  school 
treasury  of  the  commonwealth  a  sum  not  exceeding  five  ^*  Westfieid. 
thousand  dollars,  for  painting  the  interior  of  the  state  nor- 


81G 


Kesolves,  11)08.  — Chaps.  48,  49,  50. 


mal  school  buildings  at  Westticid,  and  for  jji-oviding  needed 
ropaii-s  to  the  heating  apparatus,  this  amount  to  be  ex- 
ponded  under  the  direction  of  the  state  board  of  education. 

Approved  March  25,  1908. 

Chap.  48  Resolve  to  autuorize  the  payment  to  the  town  of 

RUSSELL    OF     PART     OF    THE     COST     OF     CONSTRUCTING    A 
BRIDGE    OVER  THE   WESTFIELD  RnKK. 

licsolvcd,  That  tliere  be  allowed  and  paid  out  of  the 
treasury  of  the  conimonwealth  to  the  town  of  liussell  the 
sum  of  five  thousand  dollars,  on  account  of  the  cost  of  re- 
building a  highway  bridge  in  said  town  over  the  Westfield 
river,  the  former  bridge  having  been  carried  away  by  flood 
on  the  fifteenth  day  of  February  in  the  current  year.  This 
sum  shall  not  be  paid  until  the  auditor  of  the  common- 
wealth has  been  furnished  with  satisfactory  evidence  that 
the  new  bridge  has  been  completed  and  is  open  for  travel. 

Approved  March  25,  1908. 

Chap.  49  Resolve  to  provide  for  payment  to  company  l  of  the 

EIGHTH  RJ^IMENT  OF  THE   COST  OF  LOCKERS  TAKEN  FOR 
the  USE   0¥  THE   STATE. 


Bridge  over 
the  Westfield 
river  in  tlie 
town  of  Rus- 
sell. 


Company  L, 
eighth  regi- 
ment of  the 
militia. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  conimonwealth  to  com})any  L,  eighth  regi- 
ment, Massachusetts  volunteer  militia,  the  sum  of  four 
hundred  dollars,  in  full  compensation  for  private  lockers, 
the  property  of  the  members  of  said  company,  taken  by  the 
commonwealth  for  the  use  of  the  company. 

Approved  March  21 ,  1908. 

Chap.   50  Resolve  to  provide   for  instruction   for  thk   coast 

ARTILLEilY    CORPS    OF    THE    MASSACHUSETTS    VOLUNTEER 
MILITIA. 

Resolved.,  That  there  be  allowcMl  and  paid  out  of  the 
treasury  of  the  commonwealth  the  sum  of  twenty-five  hun- 
dred dollars,  to  be  expended  by  the  chief  of  coast  artillery 
of  the  Massachusetts  volunteer  militia,  subject  to  the  ap- 
proval and  under  the  direction  of  the  adjutant  general, 
for  the  purpose  of  preparing  and  publishing  coast  artillery 
instruction  and  books  supplementary  to  those  obtainable 
from  the  United  States  government. 

Approved  March  21,  1908. 


Coast  artillery 
corps  of  the 
militia. 


Resolves,  1908.  — Chaps.  51,  52,  53,  54.  817 


Resolve   relative  to   expenditures   by   heads   of   de-  (J]jap.   51 

PARTMENTS   AND    OFEICIALS    OF    THE    COMMONWEALTH. 

Besolved,  That  the  heads  of  departments  and  officials  Expenditures 
having  supervision  of  or  charge  of  expenditures  in  behalf  the  common- 
of  the   commonwealth   for  which   no   aj)propriations  have  ^^ 
been  made  are  hereby  authorized  to  continue  the  several 
departments  of  service  under  their  charge  until  such  ap- 
propriations are  made  therefor  or  the  pleasure  of  the  pres- 
ent general  court  in  respect  thereto  is  made  known. 

Approved  Ap^'il  1,  1908. 


Resolve  to  provide  for  compeo^sating  peter  j.  allen  Q]iQ^rp^   52 

FOR  THE  loss   OF  A  HORSE. 


Resolved,  That  there  be  allowed  and  paid  out  of  the  Peter  j.  Alien, 
treasury  of  the  commonwealth  to  Peter  J.  Allen  of  Boston 
the  sum  of  one  hundred  dollars,  in  full  compensation  for 
the  loss  of  a  horse  owned  by  him  and  hired  by  the  com- 
monwealth for  the  use  of  the  militia  in  July,  nineteen 
hundred  and  seven.  Approved  April  3,  1908. 

Resolve  in  favor  of  Harriet  c.  flanders.  CJion    53 

Besolved,  That  there  be  allowed  and  paid  out  of  the  Harriet  c. 
treasury  of  the  commonwealth  the  sum  of  one  hundred 
and  twenty-five  dollars  to  Harriet  C.  Flanders  of  Merri- 
mac,  mother  of  Charles  L.  Flanders,  late  of  Amesbury,  a 
veteran  of  the  civil  war  who  served  to  the  credit  of  the 
town  of  Amesbury  in  the  fourteenth  Massachusetts  in- 
fantry, afterward  kno-wn  as  the  first  regiment,  Massachu- 
setts volunteer  heavy  artillery,  company  E,  and  who  never 
received  a  bounty  for  such  service. 

Approved  April  3,  1908. 

Resolve  in  favor  of  edwin  a.  wood.  Char)    54 

Resolved,  That  there  be  allowed  and   paid  out  of  the  Edwin  a. 
treasury    of   the    commonwealth    to    Edwin    A.    Wood    of  ^^°"''' 
Worcester  the  sum  of  three  hundred  dollars,  in  full  com- 
pensation for  the  injuries  which  he  sustained  by  being  run 
into  by  a  vehicle  belonging  to  the  Worcester  insane  hos- 
pital. Approved  April  3,  1908. 


818 


Kesolves,  1908.  — Chaps.  55,  56,  57,  58. 


Chap.  55  Resolve  in  favor  of  edgar  r.  crowell. 

CroweiL'  Besolved,  That  there   be  allowed  and   paid  out  of  the 

treasury  of  the  connuonwealth  U)  Edgar  P.  Crowell  of 
Jjoston  the  sum  of  fifty  dollars,  in  full  compensation  for 
the  death  of  a  horse  owned  by  him  and  hired  by  the  com- 
monwealth for  the  use  of  the  militia  in  the  year  nineteen 
hundred  and  seven.  Approved  April  3,  1908. 

ChciJJ.    56  IxESOEVE  TO  COA'FIRM  THE  ACTS  OF  BENJAMIN  L.   M.  TOWER 

AS  A  JUSTICE   OF  THE   PEACE, 


Acts  of  Benja 
min  L.  M 


Resolved,  That  the  acts  of  Benjamin  L.  M,  Tower  of 
Tower,  justice    Bostou,  as  a  "justice  of  the  peace  between  the  second  day 

of  the  peace,  j-   -\r  •  ^  •  i  ii  i 

confirmed.  of  May  lu  the  year  nineteen  hundred  and  seven  and  the 
seventeenth  day  of  February  in  the  year  nineteen  hun- 
dred and  eight,  are  hereby  confirmed  and  made  valid,  to 
the  same  extent  as  if  during  that  time  he  had  been  quali- 
fied to  discharge  the  duties  of  said  ofiice. 

Approved  April  S,  1908. 

Chan.   51  Resolve   relative   to   repairs  at   the   Massachusetts 

REFORMATORV. 


Massachusetts 
reformatory. 


Besolved,  That  there  be  allowed  and  paid  out  of  the 
Massachusetts  Reformatory  Industries  Fund  a  sum  not 
exceeding  seventy-eight  hundred  dollars,  to  be  expended 
under  the  direction  of  the  board  of  prison  commissioners 
in  repairing  the  damage  caused  by  the  fire  in  the  laundry 
of  the  Massachusetts  reformatory  on  February  twentieth 
in  the  present  year.  Approved  April  Jf.,  1908. 


Chap.  5S  ivKSOLVE  TO  PROVIDE  FOR  THK  PAYMENT  OF  A  CERTAIN 
SUM  OF  MONEY  IN  THE  TREASURY  OF  THE  COMMON- 
WEALTH   TO    HERMON    LEONARD,    ADMINISTRATOR. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  to  llermon  Leonard  of  East 
Bridgewater,  administrator  of  the  estate  of  Boadicea  Leon- 
ard, ,the  sum  of  two  hundred  sixty-seven  dollars  and  eighty- 
seven  cents,  being  the  amount  of  an  unclaimed  deposit 
standing  in  the  name  of  Mrs.  B.  F.  Leonard  in  the  North 
Bridgewater  Savings  Bank,  which,  after  the  insolvency 
hnd  winding  up  of  said  bank,  -was  paid  into  the  treasury 


Hermon 
Leonard,  ad 
ministrator. 


Resolves,  1908.  — Chaps.  59,  60,  61.  819 

of  the  commonwealth:  provided,  however,  that  before  the 
said  sum  is  paid  to  the  said  administrator  he  shall  give  a 
bond  of  indemnity  satisfactory  to  the  treasurer  and  re- 
ceiver general  of  the  commonAvealth. 

Approved  April  J,.  1008. 

Resolve  to  provide  for  establishing  a  target  range  (JJku)    59 
at  the  massachusetts  agricultural  college. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Target  range 
treasury  of  the  commonwealth  a  sum  not  exceeding  one  chuse^tts  ^^*'^' 
thousand  dollars,  to  be  expended  under  the  direction  of  cofkgi.*'''^^^ 
the  trustees  of  the  Massachusetts  Agricultural  College,  for 
the  purchase  and  equipment  of  land  for  use  as  a  target 
range  for  the  military  department  of  the  college,  said  tar- 
get range  to  be  also  open  to  the  use  of  the  militia  of  the 
commonwealth  in  so  far  as  such  use  will  not  interfere  with 
its  use  by  the  military  department  of  the  said  college. 

Approved  April  7,  1908. 

Resolve  to  provide  for  the  preservation  of  the  w^\u  Char)    60 

RECORDS   IN   THE  OFFICE   OF  THE   ADJUTANT   GENERAL. 

Resolved ,  That  there  be  allowed  and  paid  out  of  the  War  records  in 
treasury  of  the  commonwealth  a  sum  not  exceeding  fifteen  the  adjmant 
hundred  dollars,  to  be  expended  under  the  direction  of  the  s®°®^^'- 
adjutant  general  in  preserving  war  records  worn  by  age 
and  use,  this  sum  to  be  in   addition  to   any  unexpended 
amounts  heretofore  authorized  to  be  exjjended  for  the  same 
purpose.  Approved  April  8,  1908. 

Resolve  to  provide  for  reimbursing  the  draper  hall  fii  ^       r-i 

STABLE  COMPANY  FOR  THE  LOSS  OF  A  HORSE  INJURED  IN  ^  ' 

THE  SERVICE   OF  THE  MILITIA. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Draper  Haii 
treasury  of  the  commonwealth  such  sum,  not  exceeding  pany'.^  *^'""' 
one  hundred  dollars,  as  the  adjutant  general  may  deem 
proper,  for  reimbursing  the  Draper  Hall  Stable  Company 
for  the  loss  of  a  horse  from  injuries  received,  or  from  ill- 
ness contracted,  in  camp  at  Hingham  on  or  about  August 
tenth,  nineteen  hundred  and  seven,  while  the  horse  was  in 
use  by  the  first  corps  of  cadets. 

Approved  April  8,  1908. 


820 


Resolves,  1908.  —  Chains.  62,  63,  64. 


Hevision  of 
laws  relating 
to  insane  per- 
sons. 


Chap.  62  Resolve  to  pkovide  fok  the  appointment  of  a  com- 
mission TO  REVISE  THE  LAWS  KELATING  TO  INSANE  PER- 
SONS. 

Resolved,  That  the  governor  be  requested  to  appoint, 
with  the  advice  and  consent  of  the  council,  a  commission 
of  three  persons  to  revise  and  codify  the  laws  of  the  com- 
monwealth relating-  to  insane  persons.  Two  members  of 
the  commission  shall  be  experienced  alienists  and  the  third 
member  shall  be  a  member  of  the  bar.  The  commission 
shall  serve  without  compensation,  but  shall  be  allowed  for 
clerical  and  other  exj>enses  a  sum  not  exceeding  one  thou- 
sand dollars.  They  shall  make  their  report  to  the  next 
general  court  not  later  than  January  fifteenth,  nineteen 
hundred  and  nine.  Approved  April  8,  1908. 


Chap.    63   KeSOLVE    to   PROVIDE    FOR   THE   ERECTION   OF   A   STATUE    OF 

ADMIRAL    JOHN    A.    AVINSLOW. 

A'^wiSliow''"  Resolved,  That  the  governor,  with  such  members  of  the 
council  as  he  may  select,  are  hereby  made  a  commission  to 
procure  a  full-length  statue  in  bas-relief  of  the  late  Ad- 
miral John  Aiicrum  AVinslow,  commander  of  the  Kear- 
sarge,  which  shall  be  placed  in  the  state  house,  in  Memo- 
rial Hall,  or  in  such  other  situation  as  shall  be  designated 
by  the  governor.  For  this  piir|X)se  the  governor  is  author- 
ized to  expend  a  sum  not  exceeding  six  thousand  dollars. 

Approved  April  8,  1908. 

Chap.   64  Resolve  granting  a  county  tax  for  the  county  of 

BARNSTABLE. 

Resolved,  That  the  following  sums  are  hereby  appropri- 
ated for  the  expenses  of  the  county  of  Barnstable  for  the 
year  nineteen  hundred  and  eight :  • — 

For  interest  on  county  debt,  a  sum  not  exceeding  three 
thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  eight 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  six  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding one  thousand  five  hundred  dollars. 


County  tax, 
Barnstable. 


Besolves,  1908.  — Chap.  65.  821 

For  salaries  and  expenses  of  district  and  police  courts,  County  tax, 

.  T  .       ,1  Tin  Barnstable. 

a  sum  not  exceeding  six  tliousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  four  thousand  five  hundred  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding four  tliousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  two  tliousand  five  hundred 
dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  five  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  one  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
one  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  huild- 
ings,  a  sum  not  exceeding  four  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  two  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and 
land  damages,  a  sum  not  exceeding  forty  thousand  five 
hundred  dollars. 

For  truant  schools,  a  sum  not  exceeding  one  hundred 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  four  hundred  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
forty-two  thousand  five  hundred  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Approved  April  10,  1908. 

ReSOLVP:  GRAXTING  a  county  tax  for  the  county  of   y-Y7      nr 

Chap,  bb 

BERKSHIRE.  ^ 

Resolved,  That  the  following  suras  are  hereby  appropri-  County  tax, 
ated  for  the  ex])enses  of  the  county  of  Berkshire  for  the 
year  nineteen  hundred  and  eieht :  — 


822  Resolves,  1908.  — Chap.  Go. 

Berkshire!^'  l''*i'  interest  on  county  debt,  a  sum  not  exceeding  two 

thousand  five  hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding-  ten 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  fourteen  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  suui  not  ex- 
ceeding four  thousand  dollars. 

For  salaries  and  expenses  of  district  and  ])oli('('  courts, 
a  sum  not  exceeding  twenty-three  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  twenty-five  thousand  dollars.  ' 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding eight  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  six  thousand  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  two  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  three  thousand  five  hundred 
dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding- 
one  thousand  four  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  thirteen  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  six  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and 
land  damages,  a  sum  not  exceeding  twelve  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  one  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  one  thousand 
five  hundred  dollars. 

For  miscellaneous  and  contingent  ex]>enses  of  the  cur- 
rent year,  a  sum  not  exceeding  one  thousand  two  hnndred 
eiffht  dollars  and  fortv-eight  cents. 

For  the  care  and  maintenance  of  the  Greylock  state  res- 
ervation, a  sum  not  exceeding  tw^o  thousand  five  Iniudred 
dollars. 

And  the  county  commissionors  of  said  county  ai'c  hereby 


i 


Resolves,  1908.  — Chap.  66.  823 

authorized  to  levv  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
one  hundred  and  thirteen  thousand  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Approved  April  10,  1908. 

Resolve  graxtixg  a  cou^'TY  tax  for  the  couxty  of  nhr,j^    aa 

ESSEX. 

BesoJved,  That  the  following  sums  are  hereby  appropri-  ^""g^^'^  **^' 
ated  for  the  expenses  of  the  county  of  Essex  for  the  year 
nineteen  hundred  and  eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  forty 
thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  sev- 
enty-six thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  thirty-five  thousand  five  hundred 
dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding twenty-six  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  fifty-two  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  sixty-four  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding thirty  thousand  three  hundred  and  fifty  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  thirty  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  five  thousand 
five  hundred  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  eight  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  eleven  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
four  thousand  dollars. 

For  building  county  buildings,  a  sum  not  exceeding  six 
thousand  five  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  eighteen  thousand  dollars. 


824  Resolves,  1908.  — Chap.  67. 

Esse^x.*'  *"'''  For  fuel,  lights  and  supplies  in  county  buildings,  other 

than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  twenty-one  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and 
land  damages,  a  sum  not  exceeding  forty-six  thousand  dol- 
lars. 

For  law  libraries,  a  sum  not  exceeding  six  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  twenty-two 
thousand  dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  two  thousand  nine  hundred 
thirty-six  dollars  and  seven  cents. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
four  hundred  and  fifty-one  thousand  five  hundred  dollars, 
to  be  expended,  together  with  the  cash  balance  on  hand  and 
the  receipts  from  other  sources,  for  the  above  purposes. 

Approved  April  10,  1908. 

Chcip.   67  Resolve  graxtii^g  a  couxty  tax  for  the  county  of 

BRISTOL. 

Briitof.  *'^^'  Besolved,  That  the  following  sums  are  hereby  appropri- 

ated for  the  expenses  of  the  county  of  Bristol  for  the  year 
nineteen  hundred  and  eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  fifty- 
five  thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  sixty 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  twenty-four  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding fourteen  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum,  not  exceeding  thirty-two  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
]X)rt  of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  ninety-five  thousand  dollars. 

For  criminal  costs  in  the  su])erior  court,  a  sum  not  ex- 
ceeding twenty  th(»usand  dollars. 


Resolves,  1908.  — Chap.  68.  825 

For  civil  expenses  in  the  snprenie  jndicial  and  superior  County  tax, 
courts,  a  sum  not  exceeding  twenty-seven  thousand  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding'  six  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  seven  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
one  thousand  five  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  huild- 
ings,  a  sum  not  exceeding  twenty  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  twenty-four  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and 
land  damages,  a  sum  not  exceeding  fifteen  thousand  dol- 
lars. 

For  law  libraries,  a  sum  not  exceeding  five  thousand 
dollars. 

For  truant  schools,  a  sum  nut  exceeding  seven  thousand 
five  hundred  dollars. 

For  miscellaneous  and  contingent  ex]^>enses  of  the  cur- 
rent year,  a  sum  not  exceeding  five  thousand  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
three  hundred  and  eight  thousand  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Approved  April  11,  1908. 

Resolve  granting  a  county  tax  for  the  county  of  (Jl^nj)    gg 

DUKES    COUNTY. 

Resolved,  That  the  following  sums  are  hereby  appropri-  ij'Xis^Coun'ty 
ated  for  the  expenses  of  the  county  of  Dukes  County  for 
the  year  nineteen  hundred  and  eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  one 
hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  one 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law%  a  sum  not  exceeding  two  thousand  two  hundred  dol- 
lars. 


826  Resolves,  1908.  — Chap.  69. 

Dule*/couAty.       ^^^'  clci'lcal  assistaiicG  in  county  offices,  a  sum  not  ex- 
ceeding one  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  conrts, 
a  sum  not  exceeding  nine  hundred  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  ])risoners  in  jails  and  lionses  of  correction,  a  sum 
not  exceeding  five  hundred  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding six  hundred  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  one  thousand  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  fifty  dollars. 

For  medical  examiners,  inquests,  and  eonnnitments  of 
the  insane,  a  sum  not  exceeding  one  hundred  and  fifty 
dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
two  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  one  hundred  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  five  hundred  dollars. 

For  highways,  including  state  highways,  bridges  and 
land  damages,  a  sum  not  exceeding  one  thousand  eight 
hundred  dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  five  hundred  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
nine  thousand  two  hundred  dollars,  to  be  expended,  to- 
gether with  the  cash  balance  on  liand  and  the  receipts  from 
other  sources,  for  the  above  purposes. 

Approved  April  11,  1008. 

Cltap.  69  ItEsoi.vK  TO  pkovidp:  for  investigations  and  experi- 
ments RELATIVE  TO  DOGFISH  AND  TO  THE  CREATION  OF 
A  MARKET  THEREFOR. 

Investigation,         BcsolvecJ,  That  the  commissioners  on  fisheries  and  game 

etc.,  relative  ...  .  .   i 

to  dogfish.         ])e  directed  to  make  investigations  and  experiments  with  a 
view  to  lesseniuii'  the  damage  done  1o  llic  fishing  industry 


Hesolves,  1908.  — Chap.  70.  827 

on  the  coast  of  the  commonwealth  by  dogfish.  They  shall  ^fe'TSve"' 
first  determine  the  most  efficient  methods  of  reducing  the  to^iogfis'i- 
numbers  of  dogfish,  or  of  capturing  them  in  wholesale 
quantities,  and  second,  determine  and  demonstrate  the  eco- 
nomic \'alue  of  dogfish  as  a  source  of  fertilizer,  glue  and 
oil,  and  the  most  suitable  methods  of  utilizing  them  for 
such  purposes;  and  they  shall  make  such  other  inquiries, 
investigations  and  experiments  as  they  may  deem  desir- 
able for  the  purpose  of  keeping  the  dogfish  in  check,  of 
providing  a  ready  and  profita'ule  nuirket  for  dogfish  now 
incidentally  caught,  and  of  inducing  fishermen  to  engage 
in  the  dogfish  industry  in  order  that  a  now  worthless  and 
destructive  fish  may  be  converted  into  an  article  of  value. 
To  carry  out  the  provisions  of  this  resolve  there  may  be 
expended  from  the  treasury  of  the  commonwealth  a  sum 
not  exceeding  ten  thousand  dollars,  and  the  commissioners 
are  hereby  authorized  and  directed  to  dispose,  in  such  man- 
ner as  they  may  deem  proper,  of  any  material  or  product 
obtained  by  them  in  pursuance  of  this  resolve,  and  to  pay 
into  the  treasury  of  the  commonwealth  the  receipts  from 
any  sale  of  such  material  or  product. 

Approved  April  13,  1908. 

Resolve  granting  a  county  tax  for  the  county  of  (JJiap.   70 

HAMPSHIRE. 

Resolved,  That  the  following  sums  are  hereby  appropri-  Hampshire.' 
ated  for  the  expenses  of  the  county  of  Hampshire  for  the 
year  nineteen  hundred  and  eight :  — 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  nine  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding three  thousand  eight  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  smn  not  exceeding  ten  thousand  five  hundred  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  fifteen  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding five  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  five  tliousand  dollars. 


828  Resolves,  1908.  — Chap.  71 


Epampsh/re.'  Toi'  traiisj)ortatiou  expenses  of  county  and  associate  com- 

missioners, a  sum  not  exceeding  three  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  one  thousand  eight  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
five  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  four  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  four  thousand  five  hundred 
dollars. 

For  highways,  bridges  and  land  damages,  a  sum  not 
exceeding  sixteen  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  one  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  five  hundred 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  three  thousand  one  hun- 
dred thirty  dollars  and  seventy-six  cents. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
fifty-five  thousand  dollars,  to  be  expended,  together  with 
the  cash  balance  on  hand  and  the  receipts  from  other 
sources,  for  the  above  ])ur|)oses. 

Approved  April  16,  190S. 


Chap.     71    lii;^<'l  \'F.    ORAXTIXG    A    COUNTY    TAX    FOR    THE    COUNTY    OF 

MIDDLESEX. 

County  tax,  lleHolved,  That  the  following  sums  are  hereby  appropri- 

ated for  the  ex]:)enses  of  the  county  of  Middlesex  for  the 
year  nineteen  hundred  and  eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  thirty- 
eight  thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  forty- 
five  thousand  dollars. 

For  salaries  of  county  offic(M"s  and  assistants,  fixed  by 
law,  a  sum  not  exceedini;  thirtv-nine  thousand  dollai's. 


Resolves,  1908.  — Chap.  71.  829 

For  clerical  assistance  in  county  offices,   a  sum  not  ex-  County  tax, 
ceeding  seventy  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  snni  not  exceeding  ninety-two  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  one  hundred  and  fifty  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding fifty-three  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  seventy-five  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  four  thousand 
five  hundred  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  five  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  sixteen  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding- 
ten  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  huild- 
ings,  a  sum  not  exceeding  forty  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  sixty  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and 
land  damages,  a  sum  not  exceeding  forty  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  seven  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  thirty  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  six  thousand  five  hundred 
thirty-nine  dollars  and  sixty-seven  cents. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
six  hundred  and  four  thousand  seven  hundred  dollars,  to 
be  expended,  together  with  the  cash  balance  on  hand  and 
the  receipts  from  other  sources,  for  the  above  purposes. 

Approved  April  11 ,  1908. 


830  Kesolvks,  1908.  — Chap.  72. 


Cha^).   72  Jij;s()i,\K  (iKA^Ti^•G  a  coimv  tax  lou  tiik   couaty  of 

iVOKKOI.K. 

No"roik'''^'  liesolved.  That  the  following  siinis  are  hereby  appropri- 

ated for  the  expenses  of  the  county  of  JSorfolk  for  the  year 
nineteen  hnndred  and  eight :  — 

I'or  interest  on  connty  debt,  a  sum  not  exceeding  four- 
teen thousand  dollars. 

For  reduction  of  county  (h'bt,  a  sum  not  exceeding 
twenty  thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  eighteen  thousand  five  hundred 
dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding twenty-two  thousand  dollars. 

For  salaries  and  expenses  of  district,  and  }X)lice  courts, 
a  sum  not  exceeding  thirty-six  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
■  not  exceeding  thirty-five  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding twenty  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  twenty-five  thousand  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  three  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  six  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
six  thousand  dollars. 

For  repairing,  furnishing  and  imju'oving  county  l)uild- 
ings,  a  sum  not  exceecliug  four  thousand  live  hundred  dol- 
lars. 

For  fuel,  lights  and  su])])lies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  twenty-five  thousand  dollars. 

For  highways,  including  state  highwavs,  bridges  and 
land  damages,  a  sum  not  exceeding  twenty  thousand  dol- 
lars. 

For  truant  schools,  a  sum  not  exceeding  four  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 


Resolves,  1908.  —  Chap.  73.  831 

rent  j'oar,  a  sum  uot  exceeding  live  thousand  ten  dollars 
and  twenty-eight  cents. 

And  the  county  commissioners  of  said  county  are  herehy 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
two  hundred  and  eighty  thousand  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Approved  April  17,  1908. 

Resolve  graxting  a  county  tax  for  the  couxty  of  (^hri^^    73 

WORCESTER. 

Resolved,  That  the  following  sums  are  herebv  api)roi)ri-  County  tax, 

*  \\  orcGstGr. 

ated  for  the  expenses  of  the  county  of  Worcester  for  the 
year  nineteen  hundred  and  eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  seven 
thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  forty 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  twenty-six  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding thirty-eight  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  fifty-six  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
jx)rt  of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  fifty-two  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding twenty-two  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  twenty-four  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  two  thousand 
five  hundred  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  eight  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  ten  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
eight  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  eighteen  thousand  dollars. 


832  IlESf)LVEs,  1908.  — CiiAP.  74. 

Worceste^!"'  T^^'^  fucl,  liglits  iuid  siipplics  ill  COlllltj  Ini il(li ll^S,  oilier 

than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  snni  not  exceeding  twenty-four  thousand  dollars. 

For  hio-luvays,  including  state  highways,  bridges  and 
land  damages,  a  sum  not  exceeding  thirty  thousand  dol- 
lars. 

For  truant  schools,  a  sum  not  exceeding  ten  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  thirteen  thousand  four 
hundred  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
three  hundred  thousand  dollars,  to  be  expended,  together 
with  the  cash  balance  on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes. 

Approved  April  17,  1908. 

Chap.   74  IIesolve  granting  a  county  tax  for  the  county  of 

FRANKLIN. 

FrankUn^'''  liesolvecl,  That  the  following  sums  are  hereby  appropri- 

ated for  the  exiDenses  of  the  county  of  Franklin  for  the 
year  nineteen  hundred  and  eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  nine 
hundred  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  seven  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding two  thousand  four  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  eight  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  ])risoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  eleven  thousand  dollars. 

For  criminal  costs  in  the  su])erior  court,  a  sum  not  ex- 
ceeding four  thousand  dollars. 

For  civil  expenses  in  the  supremo  judicial  and  superior 
courts,  a  sum  not  exceeding  six  thousand  dollars. 

For  trans])ortation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  two  hundred  dollars. 

For  medical  examiners,   inquests,   and  commitments  of 


I 


Resolves,  1908.  — Chap.  75.  833 

the  insane,  a  sum  not  exceeding  one  thousand  two  hundred  prankUn.^'^' 
dollars. 

For  auditors,  masters  and  referees,  a  smn  not  ej^ceeding 
five  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  two  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  three  thousand  seven  hundred 
dollars. 

For  highways,  including  state  highways,  In'idges  and 
land  damages,  a  sum  not  exceeding  twelve  thousand  dol- 
lars. 

For  law  libraries,  a  sum  not  exceeding  one  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  one  hundred 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  two  thousand  eight  huii- 
dred  seventy-four  dollars  and  fifty-six  cents. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
fifty-three  thousand  one  hundred  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Approved  April  22,  1908. 


Resolve  granting  a  county  tax  for  the  county  of  n 

HAMPDEN. 


'  Chap.  75 


Resolved,  That  the  following  sums  are  hereby  appropri-  h'JJ"*^^^'^' 
ated  for  the  expenses  of  the  county  of  Hampden  for  the 
year  nineteen  hundred  and  eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  six- 
teen thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  ten 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  eighteen  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding nine  thousand  five  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  twenty-six  thousand  dollars. 


834  Resolves,  1908.  — Chap.  75. 

H'ampdJn.'''  ^'^^'  salai'ics  of  jailcrs,  masters  and  assistants,  and  snp- 

port  of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  thirty  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding five  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  eighteen  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  five  hundred 
dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  three  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  six  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
four  thousand  dollars. 

For  building  county  buihlings,  a  sum  not  exceeding 
thirty  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  thirty-five  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  fourteen  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and 
land  damages,  a  sum  not  exceeding  sixteen  thousand  dol- 
lars. 

For  law  libraries,  a  sum  not  exceeding  two  thousand  five 
hundred  dollars. 

For  truant  schools,  a  sum  n<i1  exceeding  seven  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  eight  thousand  two  hun- 
dred eighty-four  dollars  and  twenty-two  cents. 

For  the  care  and  maintenance  of  the  Mount  Tom  state 
reservation,  a  sum  not  exceeding  three  thousand  four  hun- 
dred dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
one  hundred  and  eighty-four  thousand  dollars,  1o  be  ex- 
pended, together  with  the  cash  balance  ou  hand  and  the 
receipts  from  other  sources,  for  the  abov.e  ])urposes. 

Approved  April  22,  190S. 


Resolves,  1908.  — Chap.  76.  835 


Eesolve  gkaj^ting  a  county  tax  for  the  county  of  (J]iap.   76 

PLYMOUTH. 

Resolved,  That  the  following  sinns  are  hereby  appropri-  pi'ymouthf' 
ated  for  the  expenses  of  the  county  of  Plymouth  for  the 
year  nineteen  hundred  and  eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  five 
thousand  five  hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding 
twenty-six  thousand  three  hundred  sixty  dollars  and  thirty- 
three  cents. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  eleven  thousand  seven  hundred 
dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding seven  thousand  two  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  twenty-one  thousand  five  hundred  dol- 
lars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  twenty  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding eighteen  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  ten  thousand  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  four  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  three  thousand  five  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
one  thousand  five  hundred  dollars. 

For  building  county  buildings,  a  sum  not  exceeding  two 
thousand  five  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  six  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  four  thousand  five  hundred  dol- 
lars. 

For  highways,  including  state  highways,  bridges  and 
land  damages,  a  sum  not  exceeding  eight  thousand  dollars. 


836 


Resolves,  1008.  — Chaps.  77,  78. 


p?ymouth^'  ^^i'  tniaiit  scliools,  a  sum  not  exceeding-  two  thousand 

three  hundred  dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  live  thousand  eight  hun- 
dred twenty-nine  dollars  and  seventy-seven  cents. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
one  hundred  and  thirty-four  thousand  dollars,  to  be  ex- 
pended, together  with  the  cash  bahTuce  on  hand  and  the 
receipts  from  other  sources,  for  the  al)ove  purposes. 

Ai^proved  April  22,  1908. 

Gha}>.   77  Resolve  to  trovide  foe  certain  improvements  at  tjie 

LYMAN    school   POR   BOYS. 

Lyman  school        Eesolvcd,  That  there  be  allowed  and  paid  out  of  the 

for  boys.  ^  , .  .     , 

treasury  oi  the  commonwealth  a  sum  not  exceeding  eight 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  trustees  of  the  Lyman  and  industrial  schools  for  the 
following  purposes :  —  For  constructing  and  fully  equip- 
ping a  stable  at  the  Lyman  school  for  boys,  a  sum  not  ex- 
ceeding six  thousand  dollars,  and  for  constructing  a  sub- 
way and  extending  the  heating  .system  at  said  school,  a 
sum  not  exceeding  two  thousand  dollars. 

Approved  April  28,  1908. 

Chap.   78  Resolve  to  provide  for  additions  and  improvements 

AT   THE    PRISON   CAMP   AND   HOSPITAL. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
State  Prison  Industries  Fund  a  sum  not  exceeding  eighty- 
seven  hundred  dollars,  to  be  expended  at  the  ]n'ison  camp 
and  hospital  under  the  direction  of  the  prison  commission- 
ers, for  the  following  ])urposes:  —  For  providing  kitchen, 
boiler-room,  storage-room,  laundry  and  fittings,  a  sum  not 
exceeding  four  thousand  dollars ;  for  setting  a  boiler,  and 
for  piping  and  steam  heating,  a  sum  not  exceeding  nine- 
teen hundred  dollars;  for  plumbing  and  supplies,  a  sum 
not  exceeding  six  hundred  dolhirs;  for  verandas  and 
guards,  a  sum  not  exceeding  fifteen  hundred  dollars;  for 
improving  walks  and  grounds  and  drainage,  a  sum  not 
exceeding  seven  hundred  dollars. 

Approved  April  28,  1908. 


Prison  camp 
and  hospital. 


Eesolves,  1908.  — Chaps.  79,  80,  81.  837 


Resolve   to  provide  for  printing  additional   copies  (J],(ip    79 

OF  PART   II   of   the   ANNUAL   REPORT   OF   THE   MASSACHU- 
SETTS   HIGHWAY    COMMISSION. 

Besolved,    That   there   be   printed   one   thousand    addi-  MaL'sach{[sem 
tional  copies  of  Part  II  of  the  annual  report  of  the  Mas-  j^jf^'^^^^  '=°™- 
saehusetts   highway   commission,    being   so   much    of   said 
report  as  relates  to  the  supervisory  duties  of  said  commis- 
sion over  companies  engaged  in  the  transmission  of  intel- 
ligence by  electricity,  for  distribution  by  said  commission. 

Approved  April  28,  190S. 


Resolve  to  provide  for  repairs  and  improvements  at  (JJi^j)    gQ 

THE   MASSACHUSETTS   REFORMATORY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Massachusetts 
Massachusetts  Reformatory  Industries  Fund  a  sum  not  reformatory, 
exceeding  ten  thousand  six  hundred  dollars,  to  be  expended 
at  the  Massachusetts  reformatory  under  the  direction  of 
the  prison  commissioners,  for  the  following  purposes :  — 
For  a  new  roof  on  the  kitchen  building,  a  sum  not  exceed- 
ing sixteen  hundred  dollars ;  to  improve  the  facilities  for 
handling  and  storing  coal,  a  sum  not  exceeding  four  thou- 
sand dollars;  for  a  cold  storage  plant,  a  sum  not  exceed- 
ing five  thousand  dollars.        Approved  April  28,  1908. 


Resolve  to  provide  for  lighting  and  fire  protection  rtL^y^^    q-\ 

AT  THE  PRISON  CAMP  AND  HOSPITAL.  ' 

Besolved,  That  there  be  allowed  and  paid  out  of  the  Prison  camp 
State  Prison  Industries  Fund  a  sum  not  exceeding  three  ^"^^°«P'tai- 
thousand  dollars,  to  be  expended  at  the  prison  camp  and 
hospital  under  the  direction  of  the  prison  commissioners, 
for  improving  the  facilities  for  lighting  and  for  fire  pro- 
tection as  follows :  —  For  an  engine  and  for  installing  the 
same,  a  sum  not  exceeding  nineteen  hundred  dollars;  for 
a  generator  and  instruments  for  lighting  plant,  a  sum  not 
exceeding  seven  hundred  dollars ;  for  a  fire  pump  and 
motor,  a  sum  not  exceeding  four  hundred  dollars. 

Approved  April  28,  1908. 


838 


Kesolves,  1908.  — Chaps.  82,  83,  84,  S5. 


Codification  of 
laws  relating 
to  labor. 


Chap,    82   IvESOLVE    TO    PEOVIDE   FOR    A    CODIFICATION    OF    THE    LAWS 

RELATING  TO  LABOR. 

Resolved,  That  the  secretary  of  the  commonwealth  is 
hereby  directed  to  codify  in  one  act  the  laws  of  the  com- 
monwealth relating  to  labor.  He  may  employ  such  assist- 
ance as  may  be  necessary,  may  expend  a  sum  not  exceed- 
ing five  hundred  dollars,  and  shall  report  in  print  to  the 
next  general  court.  Approved  May  1,  1908. 


ChaiJ.   83  Resolve  to  provide  for  certain  courses  and  expenses 

AT  THE  MASSACHUSETTS  AGRICULTURAL  COLLEGE. 


Massachusetts 
Agricultural 
College,  ex- 
penses, etc. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  to  the  Massachusetts  Agri- 
cultural College  the  sum  of  thirteen  thousand  dollars,  for 
the  following  purposes :  —  For  providing  the  theoretical 
and  practical  instruction  required  by  the  charter  of  the 
college  and  the  laws  of  the  United  States  relating  thereto, 
the  sum  of  six  thousand  dollars ;  for  maintenance  expense, 
the  sum  of  two  thousand  dollars ;  and  for  short  courses  in 
agriculture,  the  sum  of  five  thousand  dollars ;  these  sums 
to  be  in  addition  to  any  amount  heretofore  authorized  for 
the  same  purposes.  Approved  Mdij  1,  190S. 


Chap.    84   KeSOLVE    to     provide     for    deficiencies     IN     APPROPRIA- 
TIONS    FOR     THE     MASSACHUSETTS     AGRICULTURAL      COL- 


Massachusett.s 
Agricultural 
College, 
deficiencies 
in  appropria- 
tions for. 


LEGE. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  to  the  Massachusetts  Agri- 
cultural College  the  sum  of  twenty-three  thousand  six  hun- 
dred seventeen  dollars  and  four  cents,  to  meet  deficiencies 
in  the  appropriations  for  the  said  college. 

Approved  May  1,  190S. 


Chap.  85  Resolve  to  provide  for  repairing  and  refitting  build- 
ings AT  THE  MASSACHUSETTS  AGRICULTURAL  EXPERI- 
l^IENT   STATION. 


Massachusetts 
agricultural 
experiment 
station. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  a  sum  not  exceeding  four 
thousand  dollars,  to  be  expended  at  the  IMassachusetts  agri- 


Eesolves,  1908.  — Chaps.  86,  87.  839 

cultural  experiineiit  station  under  the  direction  of  the  trus- 
tees of  the  Massachusetts  Agricultural  College,  for  repair- 
ing and  refitting  buildings  l)elonging  to  the  said  experi- 
ment station.  Approved  May  1,  190S. 

Resolve  relative  to  damages  caused  in  the  town  of  (JJ^q^^    gQ 

SHEFFIELD  BY  THE  CONSTRUCTION  OF  A  DAM   ACROSS  THE 
IIOUSATONIC   RIVER. 

liesolved,  That  the  attornev-general  is  hereby  authorized  Townof  shef- 
and  directed  to  inquire  and  determine  to  what  extent,  if 
any,  the  sovereignty  of  the  commonwealth  has  been  violated, 
by  the  Berkshire  Power  Company,  a  Connecticut  corpo- 
ration, which,  by  the  erection  and  maintenance  of  a  dam 
across  the  Housatonic  river  in  the  state  of  Connecticut, 
some  distance  southerly  of  the  line  between  said  state  and 
the  town  of  Sheffield  in  this  commonwealth,  is  alleged  to 
have  overflowed  lands  and  highway  in  said  town,  causing 
great  hindrance  to  public  travel  and  menacing  the  public 
health.  And  the  attorney-general  is  authorized  to  institute 
such  proceedings  in  the  premises  in  courts  outside  of  this 
commonwealth  as  he  may  deem  expedient,  in  the  name 
and  at  the  expense  of  the  commonwealth. 

Approved  May  1,  1908. 

Resolve  in  favor  of  the  lowell  textile  school.       CJian    S7 
Resolved,  That  there  be  allowed  and  paid  out  of  the  Loweii  textile 
treasury  of  the  commonwealth  to  the  trustees  of  the  Lowell  s'='^°°'- 
textile  school  the  sum  of  thirty-five  thousand  dollars,  to  be 
applied  to  the  purposes  of  the  said  school:  provided,  that 
no  part  of  this  sum  shall  be  paid  until  satisfactory  evi- 
dence is  furnished  to  the  auditor  of  accounts  that  an  addi- 
tional sum  of  eight  thousand  dollars  has  been  paid  to  said 
trustees  by  the  city  of  Lowell  or  has  been  received  by  them 
from  other  sources.     The  city  of  Lowell  is  hereby  author-  • 

ized  to  raise  by  taxation  and  pay  to  said  trustees  such  sum 
of  money,  not  exceeding  eight  thousand  dollars,  as  may  be 
necessary  together  with  that  received  from  other  sources 
to  obtain  the  amount  provided  for  by  this  resolve. 

Approved  May  5,  1908. 


840  Resolves,  1908.  — Chaps.  88,  89,  90. 


Chap.    SS  ItESOLVE  TO  PROVIDE  FOR  ADDITIONAL  EQUIPMENT  FOR  THE 

LOWELL  TEXTILE  SCHOOL. 

^j^^^Ji  te-^<iie  Bcsolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  to  the  trustees  of  the 
Lowell  textile  school  the  sum  of  twelve  thousand  seven 
hundred  and  fifty  dollars,  of  which  amount  ten  thousand 
dollars  shall  be  for  equipment  for  the  department  of  en- 
gineering and  mechanism,  including  a  machine  shop  and 
tools  for  instruction  and  repairs ;  the  sum  of  one  thousand 
dollars  for  equipment  for  the  textile  machinery  depart- 
ments; and  the  sum  of  seventeen  hundred  and  fifty  dol- 
lars for  equipment  for  the  department  of  chemistry  and 
dyeing,  for  oil  and  fuel  testing  and  for  industrial  chem- 
istry apparatus.  Approved  May  5,  1908. 

Chap.    89   KeSOLVE    in    favor    of    the     BRADFORD    DURFEE    TEXTILE 

SCHOOL   OF  FALL   RIVER. 

Durf^/Tixtil       Besolved,  That  there  be  allowed  and  paid  out  of  the 
^chooiof  treasurv    of   the    commonwealth   to   the    trustees    of   The 

r  all  Kiver.  ' 

Bradford  Durfee  Textile  School  of  Fall  River  the  sum  of 
ten  thousand  dollars,  to  be  applied  to  the  purposes  of  the 
school :  provided,  that  no  part  of  this  sum  shall  be  paid 
until  satisfactory  evidence  is  furnished  to  the  auditor  of 
accounts  that  an  additional  sum  of  five  thousand  dollars 
has  been  paid  to  said  trustees  by  the  city  of  Fall  River 
or  has  been  received  by  them  from  other  sources.  The  city 
of  Fall  River  is  hereby  authorized  to  raise  by  taxation  and 
pay  to  said  trustees  such  sum  of  money,  not  exceeding  five 
thousand  dollars,  as  may  be  necessary  together  with  that 
received  from  other  sources  to  obtain  the  amount  provided 
for  by  this  resolve.  Approved  May  5,  1908. 

Chap.  90  Resolve  to  exempt  from  taxation  certain  property 

.         UNDER  THE  LAW  RELATIVE  TO  COLLATERAL  LEGACIES 
AND  SUCCESSION. 

Taxation  of  Resolved,  That  the  provisions  of  chapter  fifteen  of  the 

erty  under  law  Rcviscd  Laws  aud  acts  in  amendment  thereof  or  in  addi- 
coitatlraneg-    tiou  thercto  shall  not  apply  to  any  property  under  the  will 
cesffons.  ^^^'    of  Charlcs  H.  Andrews,  late  of  Boston,  deceased,  which 
was  bequeathed  to  Annie  Andrews,  Paulita  Andrews  and 


Resolves,  1908.  — Chaps.  91,  92.  841 

Charles  H.  Andrews,  second,  all  beneficiaries  under  said 
will ;  or  to  Edwin  H.  Woods,  trustee  luider  the  said  will  for 
the  benefit  of  the  persons  aforesaid;  said  xVnnie  Andrews 
being  the  supposed  wife  of  Charles  S.  Andrews,  and  said 
Paulita  Andrews  and  Charles  H.  Andrews,  second,  being 
the  children  of  said  Annie  Andrews  resulting  from  said 
marriage ;  said  children  being  believed  bj  the  said  testator 
to  be  his  grandchildren  at  the  time  of  the  making  of  his 
will  and  throughout  his  lifetime,  and  the  said  Annie 
Andrews  being  believed  by  the  said  testator  to  be  the 
widow  of  his  son,  the  said  Charles  S.  Andrews,  at  the  time 
of  the  making  of  his  will  and  throughout  his  lifetime. 

A  Improved  May  5,  1908. 

Resolve  to  provide  fob  certain  repairs  and  improve-  (JJinq^    9I 

MENTS     at     the      ]VIASSACHUSETTS     AGRICULTURAL      COL- 
LEGE. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Massachusetts 
treasury  of  the  commonwealth  a  sum  not  exceeding  fifty  coUege.  ^'^'^ 
thousand  dollars,  to  be  expended  at  the  Massachusetts  Agri- 
cultural College  under  the  direction  of  the  trustees  thereof, 
for  the  following  purposes :  —  For  repairing  and  refitting 
the  interior  of  the  students'  dormitory  known  as  jSTorth 
college,  a  sum  not  exceeding  six  thousand  dollars ;  for  mis- 
cellaneous teaching  equipment  for  the  various  departments, 
a  sum  not  exceeding  four  thousand  dollars ;  for  enlarge- 
ment and  improvement  of  the  library,  a  sum  not  exceeding 
one  thousand  dollars ;  for  miscellaneous  repairs  and  minor 
improvements,  a  sum  not  exceeding  five  thousand  dollars ; 
for  constructing  glass  houses  and  an  attached  teaching 
building,  and  for  equipping  the  same,  a  sum  not  exceeding 
thirty-four  thousand  dollars.       Approved  May  o,  1908. 


CJmjx  92 


Resolve  relative  to  the  county  tax  for  the  county 
of  norfolk. 

Resolved,  That  chapter  seventy-two  of  the  resolves  of  Norfolk*'*''' 
the  present  year  is  hereby  amended  by  striking  out  the 
word  "  two  ",  in  the  twenty-ninth  line  of  said  chapter,  as 
engrossed,  and  inserting  in  place  thereof  the  word :  —  one, 
—  so  that  the  amount  which  the  county  commissioners  of 
said  county  are  authorized  to  lew  as  the  countv  tax  for 


842  Resolves,  1908.  —  Ciiaps.  93,  94,  95. 

the  current  year  shall  be  one  hundred  and  eighty  thousand 
dollars  instead  of  two  hundred  and  eighty  thousand  d(jl- 
lars.  Approved  May  1 ,  1908. 

Chap.  93  Resolve  to  provide  for  certain  improvements  at  the 

MASSAC  PI  USETTS  STATE  SANATORIUM. 


Massachusetts 
state  sana- 


Resolved,  That  there  he  allowed  and  paid  out  of  the 
torium.  treasury  of  the  commonwealth  a  sum  not  exceeding  twenty 

thousand  dollars,  to  be  expended  at  the  Massachusetts  state 
sanatorium  under  the  direction  of  the  trustees  thereof,  for 
the  following  purposes :  —  For  a  new  barn,  a  sum  not  ex- 
ceeding nine  thousand  dollars;  for  filter  beds,  a  sum  not 
exceeding  one  thousand  dollars ;  for  equipping  an  operat- 
ing room,  a  sum  not  exceeding  one  thousand  dollars;  for 
a  hennery,  a  sum  not  exceeding  nine  hundred  dollars ;  for 
the  purchase  of  hens  and  equipping  the  hennery,  a  sum 
not  exceeding  nine  hundred  dollars ;  for  necessary  repairs 
on  outside  walls,  a  sum  not  exceeding  tw^o  thousand  dol- 
lars ;  for  painting  wards,  outside  woodwork  and  roofs,  a 
sum  not  exceeding  forty-five  hundred  dollars ;  and  for  a 
metallic  drying  room,  a  sum  not  exceeding  seven  hundred 
dollars.  Approved  May  12,  1908. 

Chap.  9-4  Resolve  to  provide  for  the  expense  of  publishing 

THE   second   VOLUME   OF   THE    REPORT    OF   THE    TRIAL    OF 
CHARLES  L.   TUCKER. 

Report  of  Resolved,  That  there  be  allowed  and  paid  out  of  the 

Charles  L.  treasury  of  the  commonwealth  the  sum  of  twenty-four  hun- 
dred thirty  dollars  and  two  cents,  for  preparing  for  pub- 
lication and  publishing  the  second  volume  of  the  report  of 
the  trial  of  Charles  L.  Tucker  for  murder,  as  authorized 
by  an  order  of  the  council  ado])tpd  April  twelfth,  nineteen 
hundred  and  five,  under  authority  of  section  eight  of  chap 
ter  seven  of  the  Revised  Laws. 

Approved  May  15,  1908. 

Chan.  95  Resolve  to  provide  further  for  the  improvement  of 

ANNISQUAM   RIVER. 

Improvement         Resolved,  That  there  be  allowed  and   paid  out  of  the 

river""'^''         treasury  of  the  conunonwealth  from  the  ordinary  revenue 

the  sum  of  five  thousand  three  hundred  eighty-one  dollars 


Resolves,  1908.  — Chaps.  96,  97,  98.  843 

and  fifteen  cents  for  the  completion,  by  the  board  of  har- 
bor and  laud  conunissioners,  of  the  work  of  dredging  the 
channel  in  Annisquam  river  according  to  the  provisions 
of  chapter  eighty-eight  of  the  resolves  of  the  year  nineteen 
hundred  and  four.  Approved  May  19,  1908. 


Resolve   to  authorize   the    construction   of   a   new  rjjf^dfj    9(3 

BUILDING    AT     THE     STATE     NORMAL     SCHOOL     AT     FITCH- 
BURG. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Normal  school 
treasury  of  the  commonwealth  a  sum  not  exceeding  sev-  ^^  '^*^  ^^^' 
enty-five  thousand  dollars,  to  be  ex|3ended  under  the  direc- 
tion of  the  state  board  of  education  in  erecting  on  the 
grounds  of  the  state  normal  school  at  Fitchburg  a  build- 
ing to  be  used  in  teaching  manual  arts  and  for  model  and 
jiractice  schools  in  connection  therewith,  subject  to  agree- 
ments now  existing  or  hereafter  made  between  the  state 
l)oard  of  education  and  the  city  of  Fitchburg. 

^ Approved  Mciy  21,  1908. 

Resolve  to  provide  for  the  purchase  of  a  boat  for  fyj.fy^    07 

USE   AT   PENIKESE  ISLAND. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Boat  at  Peni- 
treasury  of  the  commonwealth  a  sum  not  exceeding  two  ^^^^  "^  '^'^  ' 
thousand  dollars,  for  the  purchase  of  a  boat  suitable  for 
carrying  passengers  and  freight  from  Penikese  island  to 
the  main  land.  Approved  May  26,  1908. 

Resolve  to  confirm  the  acts  of  fred  a.  fernald  as  rij^f^^    qq 

A  JUSTICE  OF  THE  PEACE.  ^  * 

Resolved,  That  the  acts  of  Fred  A.  Fernald  of  Boston  Acts  of  Fred 
as  a  justice  of  the  peace,  between  the  thirteenth  day  of  j^gt^ce'of'the 
June   in   the   year  nineteen   hundred   and   seven   and   the  firmed  "^"^ 
twenty-second  day  of  April  in  the  year  nineteen  hundred 
and  eight,  are  hereby  confirmed  and  made  valid,  to  the 
same  extent  as  if  during  that  time  he  had  been  qualified 
to  discharge  the  duties  of  said  office. 

Approved  May  26,  1908. 


844  Resolves,  1908.  — Chaps.  99,  100,  101,  102. 

Chap.  99  ItESOLVE  TO  CONFIRM  THE  ACTS  OF  J.  WALTER  FLAGG  AS 
A  JUSTICE  OF  THE  PEACE  AUTHORIZED  TO  SOLEMNIZE 
MARRIAGES. 

wift°rFiaKK,        Resolved,  That  the  acts  of  J.  Walter  Magg  of  Worces- 
justiee  of  the     fer    ^s  a  iiistice  of  the  peace  with  authority  to  solemnize 

peace  to  sol-  . 

emnizeinar-      inamages,  bctweeii  the  twenty-ninth  day  of  ]\Iay  in  the 

riages,  con-  •  i  i        i  i  i      i  ■ 

firmed.  jear  nineteen  hnndred  and  seven  and  the  twenty-first  day 

of  April  in  the  year  nineteen  hnndred  and  eight,  are 
hereby  confirmed  and  made  yalid,  to  the  same  extent  as  if 
during  that  time  he  had  been  qualified  to  discharge  the 
duties  of  said  office.  Approved  May  26,  1908. 

Chap.lOO   KesOLVE  TO  PROVIDE  FOR  CERTAIN   IMPROVEMENTS  AT  THE 

DANVERS  INSANE   HOSPITAL. 

fanrho'sphai.  Besolved,  That  there  be  allowed  and  i)aid  out  of  the 
treasury  of  the  commonwealth  a  sum  not  exceeding  twelve 
hundred  and  fifty  dollars,  to  be  expended  at  the  Danvers 
insane  hospital  under  the  direction  of  the  trustees  and 
superintendent  thereof,  for  constructing  a  sidewalk. 

Approved  May  26,  1908. 


Chcip.\(^\  Resolve  to  provide  for  the  further  improvement  of 

THE  CHANNEL  IN  IPSWICH  RIVER. 

improveinent         Resolved,  That  there  be  allowed  and   paid  out  of  the 

of  Ipswich  •'  1.1 

river.  treasury  of  the  commonwealth  a  sum  not  exceeding  three 

thousand  dollars,  to  be  expended  under  the  direction  of 
the  hai'bor  and  land  commissioners  for  completing  the  work 
of  deepening  and  improving  the  channel  of  Ipswich  river 
in  the  town  of  Ipswich.  Approved  May  26,  1908. 


Chcip.102  Resolve  to  provide  for  an  inventory  and  appraisal 

of    the    property    of    the    new    ENGLAND    TELEPHONE 
AND  TELEGRAPH   COMPANY. 

Property  of  the       Resolved,  That  the  Massachusetts  hiiihwav  commission 

New  England       .       ,  ,  ,.  ,  i  ,    ^  .'  , 

Telephone  and   ]s  hereby  directed  to  cause  to  be  made  an  inventory  and 

Company.         a])])raisal  of  the  property  of  the  Xew  England  Telephone 

and  Telegraph  Company,  especially  that  part  of  the  ])rop- 

ertv  which  is  within  the  commonwealth.     Vouchers  for  the 


Kesolves,  1908.  — Chaps.  103,  104,  105.  845 

expenses  incurred  under  the  provisions  of  this  resolve  shall 
be  filed  with  the  auditor  of  the  commonwealth  and  paid 
out  of  the  treasury  of  the  commonwealth  in  the  same  man- 
ner in  which  other  claims  are  paid,  and  he  shall  certify 
each  mouth  the  amount  of  said  expenses  to  the  treasurer 
and  receiver  general  who  shall  assess  and  collect  the  same 
monthly  from  the  IS^ew  England  Telephone  and  Telegraph 
Company.  The  total  expenses  under  this  resolve  shall  not 
exceed  the  sum  of  thirty  thousand  dollars. 

Approved  May  26,  1908. 


Chaj^.lOS 


Resolve  to  provide  for  certain  improvements  at  the 
taunton  ins^yste  hospital. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Taunton  in- 

,  J?    J.1  Til  j_  ^•  1  sane  hospital. 

treasury  oi  the  commonwealth  a  sum  not  exceeding  two 
thousand  four  hundred  dollars,  to  be  expended  at  the 
Taunton  insane  hospital  under  the  direction  of  the  trus- 
tees and  superintendent  thereof,  for  repairs  and  alterations 
of  an  old  dwelling  house  at  the  Raynham  Colony,  and  for 
laying  new  floors  in  two  wards  of  the  main  building. 

Approved  May  26,  1908. 

Resolve  to  provide  for  the  removal  of  obstructions  f^jjfyi^  "104 

NEAR    the    outer    END    OF    THE    PUBLIC     PIER    AT    OAK 
BLUFFS   IN  VINEYARD   SOUND. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Removal  of 
treasury  of  the  commonwealth  a  sum  not  exceeding  five  oak'^Biuffs!*  ^^ 
hundred  dollars,  to  be  expended  under  the  direction  of  the 
board  of  harbor  and  land  commissioners  for  the  removal 
of  a  ledge  or  rocks  in  Vineyard  Sound  near  the  outer  end 
of  the  public  pier  situated  at  the  foot  of  Tuckernuck  ave- 
nue in  the  town  of  Oak  Bluffs. 

Approved  May  26,  1908. 

Resolve  to  provide  for  the  improvement  of  rockport  Ckav.105 

HARBOR. 

Resolved,  That  the  board  of  harbor  and  land  commis-  improvement 
sioners  is  hereby  authorized  and  directed  to  improve  Rock-  hlrbor!'^'"'* 
port  harbor  by  deepening  and  enlarging  the  anchorage  area 


840  Resolves,  1008.  — Chaps.  10(),  107. 

and  the  approach  to  the  wharves  bv  dredging  and  remov- 
ing rocks  in  such  manner  as  said  board  maj  deem  best. 
For  this  purpose  the  board  may  expend  a  sum  not  exceed- 
ing eight  thousand  dolhirs:  pi-orided,  that  the  board  shall 
not  begin  the  work  hereby  authorized  until  the  owners  of 
any  flats  which  would  be  affected  by  the  work  lun-e  re- 
leased to  the  commonwealth  all  claims  for  damages  which 
might  arise  therefrom.  Approved  May  26,  1908. 

CJl(ip.\OQ>  liESOLVE  TO  PROVIDE  FOK  SURVEYS  OF  BARXSTABLE  HARBOR, 
AELEX'S  HARBOR,  QUANSETT  HARBOR,  PLUM  ISLAXD 
RIVER,   JN^ORTII   RIVER  AND  ISLAND  END   RIVER. 

feTamhlr-  Bcsolvcd,  That  the  board  of  harbor  and  land  commis- 

bors.  etc.  gioncrs   is  hereby   authorized   and   directed  to   make  such 

surveys  and  investigations  as  it  may  deem  necessary  of 
the  harbors  and  rivers  hereinafter  named,  with  a  view  to 
improving  the  same,  as  follows:  —  1.  —  Barnstable  harbor 
in  the  town  of  Barnstal)le :  2.  —  Allen's  harbor  in  the  town 
of  Harwich,  with  a  view  to  straightening,  deepening  and 
protecting  its  outlet :  '^.  —  Quansett  harbor  in  the  town  of 
Orleans,  with  a  view  to  widening,  straightening  and  deep- 
ening the  channel  connecting  it  with  Pleasant  bay:  4. — 
Plum  Island  river  in  the  city  of  Xewburyport  and  town 
of  Xewbury :  5.  —  xS  orth  river  in  the  towns  of  Hanover, 
Pembroke,  Xorwell,  Marshfield  and  Scituate,  with  a  vicAv 
to  removing  obstructions  in  its  channel :  G.  —  Island  End 
river  in  the  cities  of  Everett  and  Chelsea,  with  a  view  to 
deepening,  straightening  and  improving  the  u]iper  part 
thereof.  The  board  may  expend  for  the  ]uirjx>ses  of  this 
resolve  a  sum  not  exceeding  two  thousand  dollars,  and  shall 
■report  to  the  next  general  court,  with  estimates  of  the  cost 
of  any  improvements  which  it  may  recommend  hereunder. 

Approved  May  26,  1008. 

C/>(lpA07   PesOLVE   TO  PROVIDE   FOR  DREDGING  AN  ANCHORAGE   BASIN 

IN   WINTIIROP   HARBOR. 

bJLin"iirwin-         Resolved,  That  the  board  of  harbor  and  land  commis- 

throp  harbor,     sioucrs   is   hereby    authorized    and    directed    to    dredge    an 

anchorage  basin   in   Winthro])  harbor   at  such   point  near 

the  club  house  of  the  Winthrop  Yacht  Club  as  the  board 

may  determine  to  be  most  suitable.     The  de])th  of  the  basin 


Resolves,  1908.  — Chaps.  108,  109,  110.  847 

at  mean  low  water  shall  not  exceed  eight  feet.  For  the 
above  purpose  the  board  may  expend  a  sum  not  exceeding 
five  thousand  dollars,  to  be  paid  from  the  treasury  of  the 
commonwealth ;  but  no  work  shall  be  done  hereunder  until 
the  owners  of  the  flats  which  would  be  affected  thereby 
have  released  to  the  commonwealth  all  claims  for  damages 
which  might  arise  from  the  said  dredging. 

Appro  red  May  20,  190 S. 


Chap.im 


IvESOLVE    TO    PROVIDE    FOE    ENLARGING    THE    CHANNEL    AT  f^ 
WOLLASTON   BEACH   IX   THE    CITY   OF   QUINCY. 

Resolved,  That  the  board  of  harbor  and  land  commis-  Enlarging  the 
sioners  is  hereby  authorized  and  directed  to  deepen  and  woUaston* 
enlarge  the  channel  dredged  at  Wollaston  beach  under  the  '^^^''^• 
provisions  of  chapter  three  hundred  and  sixty-six  of  the 
acts  of  the  year  nineteen  hundred  and  three,  so  that  it  shall 
be  not  less  than  sixty  feet  wide  on  the  bottom  and  six  feet 
deep  at  mean  low  water.     For  this  purpose  the  board  may 
expend  a  sum  not  exceeding  seven  thousand  five  hundred 
dollars.  Approved  Maij  26,  1908. 


Resolve  to  provide  for  the  dredging  of  an  anchorage 

BASIN  IN  HINGHAM  HARBOR. 


Chap.im 


Resolved,  That  the  board  of  harbor  and  land  commis-  Anchorage 
sioners   is  hereby   authorized   and    directed   to   dredge   an  hamVarbor"^' 
anchorage  basin  at  the  head  of  Ilingham  harbor,  to  the 
depth  of  six  feet  at  mean  low  water,  and  the  board  may 
expend  for  this  purpose  a  sum  not  exceeding  five  thousand 
dollars.  Appro  red  May  26,  1908. 


'  Chap.llO 


Resolve  to  provide  for  the  dredging  of  an  anchorage 
basin  in  lynn  harbor. 

Resolred,  That  the  board  of  harbor  and  land  commis-  Anchorage 
sioners  is  hereby  authorized  and  directed  to  dredge  an  harbor"  ^^"° 
anchorage  basin  in  Lynn  harbor,  east  of  the  main  channel, 
to  a  depth  of  not  less  than  six  feet  at  mean  low  water,  and 
outside  the  proposed  location  for  the  Market  street  exten- 
sion boulevard.  For  the  above  purpose  the  said  commis- 
sioners may  expend  from  the  treasury  of  the  commonwealth 
a  sum  not  exceeding  ten  thousand  dollars. 

Approved  May  27,  1908. 


8tt8  -Kesolves,  1908.  — Chaps.  Ill,  112,  113. 


Chap.lll  JtK-SCI^VE  TO  I'KOVIBE  FOB  AA  INVESTIGATIOA'  BY  THE  BOAliD 
OF  RAILKOAD  COMMISSIONERS  OF  FREIGHT  CAR  SERVICE, 
STORAGE    AND   DEMURRAGE    IN    THIS    COMMONWEALTH. 

Investigation         Resolved,  That  the  board  of  railroad  commissioners  be 

of  freight  car  •"    _  _ 

service,  etc.  requested  to  investigate  the  rehitions  existing  between  shi}> 
pers  of  freight  and  the  railroad  corporations  doing  busi- 
ness in  this  commonwealth  with  reference  to  the  furnishing 
and  movement  of  cars,  the  storage  and  notice  of  arrival 
of  freight  and  any  other  matters  involved  in  legislation 
contained  in  house  bill  numbered  one  thousand  and  seventy- 
five,  relative  to  storage,  demurrage,  car  service,  charges 
and  railroad  warehouses,  and  to  report,  in  its  next  annual 
report  to  the  general  court,  the  facts  ascertained  by  them 
together  with  their  opinion  as  to  the  advisability  of  any 
legislation  relative  to  said  matters  and  also  any  specific 
recommendations  for  legislation  which  they  may  deem  wise 
and  expedient.  Approved  May  21 ,  1908. 

Chup.ll2i  Resolve  to  provide  further  for  the  improvement  of 

WEST  FALMOUTH   HARBOR. 

Improvement  Besolvcd,  That  tile  board  of  harbor  and  land  commis- 
mouth  harbor,  sioiicrs  are  hereby  authorized  and  directed  to  continue  the 
improvement  of  the  harbor  at  West  Falmouth  in  the  county 
of  Barnstable,  in  accordance  with  the  provisions  of  chap- 
ter five  hundred  and  twelve  of  the  acts  of  the  year  nine- 
teen hundred  and  seven,  and  the  board  may  expend  for 
this  purpose  a  sum  not  exceeding  ten  thousand  dollars. 

Approved  May  27,  1908. 


Chan.W^  Resolve  to  provide  for  certain  improvements, at  the 

STATE  COLONY  FOR  THE  INSANE, 

State  colony  Resolvcd,  That  there  be   allowed   and   ])aid  out  of  the 

e  insane,  ^j.^^g^j.^.  ^f  ^j^g  commouwealth  a  sum  not  exceeding  twenty- 
two  thousand  dollars,  to  be  expended  at  the  state  colony 
for  the  insane  under  the  direction  of  the  trustees  thereof, 
for  the  following  purposes :  —  For  constructing  and  fur- 
nishing a  two-story  house  for  em])loyees,  a  sum  not  exceed- 
ing forty-five  hundred  dollars ;  for  additions  to  barns  and 
the  construction  of  silos,  a  henhouse  and  slaughterhouse, 


Resolves,  1908.  — Chaps.  lU,  115,  IIG.  849 

and  for  other  minor  improvements,  a  sum  not  exceeding 
thirty-five  hundred  dollars ;  for  the  purchase  of  land  with 
the  buildings  thereon  from  the  Seaver  estate,  and  for  re- 
pairs to  the  buildings,  a  sum  not  exceeding  one  thousand 
dollars,  and  for  a  necessary  water  supply  system,  a  sum 
not  exceeding  thirteen  thousand  dollars. 

Approved  May  28,  1908. 

Resolve  to  provide  for  xVif  investigatio:\"  of  the  sa^'i-  (JJiQ,n,1\4. 

TARY  COI^DITIOA"^   OF  THE   MEERIMAC   RIVER. 

Resolved,  That  the  state  board  of  health  is  hereby  au-  investigation 
thorized  and  directed  to  investigate  and  report  uj^on  the  condfti^on  of^ 
sanitary  condition  of  the  bed,  banks  and  waters  of  the  river.  ^^^^^ 
Merrimac  river,  and  of  the  streams  tributary  or  adjacent 
thereto,  in  any  city  or  town  bordering  upon  the  said  river 
or  streams.     The  board  shall  ascertain  whether  the  condi- 
tion of  said  river  or  streams  or  the  banks  thereof  is  in- 
jurious or  dangerous  to  public  health,  by  reason  of  the 
entrance  of  sewage  or  of  refuse  from  factories,  or  from 
other  causes;  and  if  they  find  that  any  circumstances  in- 
jurious or  dangerous  to  the  public  health  exist,  they  shall 
recommend  a  plan  or  plans  for  their  removal,  and  shall 
report  the  same  to  the  next  general  court. 

Approved  Maij  28,  1908. 

Resolve  to  provile  for  additional  improvement  of  (JJiap.115 

EAST     BAY     harbor    AT     OSTERVILLE     IN     THE    TOWN     OF 
BARNSTABLE. 

Resolved,  That  the  board  of  harbor  and  land  commis-  improvement 
sioners  is  hereby  authorized  and  directed  to  improve  East  harbor. 
Bay  harbor  in  the  town  of  Barnstable,  by  dredging  and 
otherwise  as  the  board  shall  deem  exijedient,  and  it  may 
expend  for  this  purpose  a  sum  not  exceeding  ten  thousand 
dollars.  Approved  May  28,  1908. 

Resolve  to  provide  foe  certain  improvements  at  the  f/L^^i-)  216 

WESTBOEOUGH  INSANE  HOSPITAL. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Westborough 
treasury  of  the  commonwealth  a  sum  not  exceeding  twenty-  phaC 
six  thousand  six  hundred  and  seventy-five  dollars,  for  iin- 


850  Resolves,  1908.  — Chaps.  117,  118. 

provements  at  the  Westboroiigh  insane  hospital,  to  be  ex- 
pended under  the  direction  of  the  trustees  thereof,  for  the 
following  purposes:  —  For  a  new  nurse's  cottage,  and  for 
furnishing  the  same,  a  sum  not  exceeding  eight  thousand 
three  hundred  and  seventy-five  dollars;  for  a  new  build- 
ing for  married  employees,  and  for  furnishing  the  same, 
a  sum  not  exceeding  four  thousand  five  hundred  dollars ; 
for  a  cottage  for  the  farm  superintendent,  a  sum  not  ex- 
ceeding two  thousand  five  hundred  dollars ;  for  enlarging 
the  boiler  house  and  for  building  a  new  coal  shed,  a  sum 
not  exceeding  eighteen  hundred  dollars ;  for  the  installa- 
tion of  an  engine  generator  and  two  boilers,  a  sum  not 
exceeding  eight  thousand  five  hundred  dollars ;  for  a  silo, 
ensilage  cutter  and  motor,  a  sum  not  exceeding  one  thou- 
sand dollars.  Approved  May  28,  1908. 

CIfCip.117  Resolve  to  provide  for  furnishing  copies  of  the  re- 
vised LAWS,  decisions  OF  THE  SUPREME  JUDICIAL  COURT 
AND  OTHER   BOOKS    TO   THE    CITY   OF    CHELSEA. 

portfetc^'to  Besolved,  That  the  secretary  of  the  commonwealth  is 
bej^roished  to  hereby  directed  to  furnish  to  the  city  of  Chelsea  a  full  set 
Chelsea.  of  the  reports  of  the  decisions  of  the   supreme  judicial 

court,  the  index-digest  thereof,  a  copy  of  the  Revised  Laws, 
copies  of  the  special  laws,  and  copies  of  all  such  books  and 
documents  in  his  office  as  have  previously  been  furnished 
to  tow^is  by  the  commonwealth,  the  purpose  of  this  resolve 
being  to  replace  books  lost  by  the  said  city  in  the  recent 
fire.  '^  Approved  May  28,  1908. 

(77«a/>.118  Resolve  to  provide  for  the  construction  of  a  wharf 

AT   PENIKESE   island. 

^mkls^*  J^csolved,  That  the  board  of  harbor  and  land  commis- 

isiand.  sioucrs  is  hereby  authorized  and  directed  to  build  a  pile 

wharf  at  Penikese  island  in  Buzzards  Bay  in  extension 
easterly  of  the  present  stone  wharf  on  the  easterly  side  of 
the  main  part  of  said  island,  and  may  expend  therefor  a 
sum  not  exceeding  five  thousand  dollars.  Upon  its  com- 
pletion the  wharf  shall  be  turned  over  to,  and  be  under 
the  control  of,  the  state  board  of  charity. 

Approved  May  28,  1908. 


Kesolves,  1908.  — Chaps.  119,  120.  851 


Resolve  to  provide  for  further  improving  witchmere  QJiap^llQ 

HARBOR  IN   THE  TOWN   OF  HARWICH. 

Resolved,  That  the  board  of  harbor  and  land  commis-  improvement 
sioners  is  hereby  authorized  and  directed  to  complete  the  harbor?  "^^"^ 
improvements  already  begun  in  Witchmere  harbor,  so- 
called,  at  Harwichport  in  the  town  of  Harwich,  by  rip- 
rapping  the  sides  or  banks  of  the  channel  leading  from 
said  harbor  to  the  ocean  with  stone  or  other  suitable  stable 
material,  and  by  such  other  work  as  may  be  necessary  to 
make  the  harbor  safe  and  convenient,  and  may  expend  for 
this  purpose  a  sum  not  exceeding  three  thousand  dollars. 
Said  board  may  purchase,  or  may  take,  in  the  name  and 
behalf  of  the  commonwealth  any  land  or  materials  neces- 
sary for  carrying  out  the  provisions  of  this  resolve,  and  the 
manner  of  such  taking  and  of  determining  the  damages 
caused  thereby,  or  by  any  other  doings  of  said  board  under 
the  provisions  of  this  resolve  shall  be  the  same  as  is  pro- 
vided by  sections  seven  and  eight  of  chapter  four  hundred 
and  seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three  relative  to  the  taking  of  land  by  the  metro- 
politan park  commission ;  and  said  board  shall  for  the  pur- 
poses of  this  resolve  have  all  the  powers  conferred  upon 
the  metropolitan  park  commission  by  said  sections.  The 
damages  when  finally  determined  shall  be  paid  from  the 
sum  hereby  authorized.  Approved  May  29,  19 OS. 


Resolve   to   provide  for   the   cost   of   printing  the  QJian.120 

REPORT     of     the     COMMISSION     ON     COMMERCE     AND    IN- 
DUSTRY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  printing  re- 
treasury  of  the  commonwealth  the  sum  of  eleven  hundred  million  oT' 
seventy  dollars  and  thirty  cents,  being  the  amount  of  the  -"XTtry.^  ^""^ 
bill  rendered  by  the  Wright  and  Potter  Printing  Company 
for  printing  thirty-five  hundred  copies  of  the  report  of  the 
commission  on  commerce  and  industry. 

Approved  June  1,  190S. 


8.V2  Eesolves,  1908.  — Chaps.  121,  122,  123. 


Cha7).121  Kesolve  to  authorize  the  sale  of  certaix  publica- 
tions OF  the  state  forester. 

K'taVe'°"^  °^      -ResoZi'e^,  That  such  publications  of  the  state  forester  as 
forester.  shall  bc  designated  by  the  governor  and  council  may  be 

sold  by  the  state  forester  at  a  price  not  less  than  the  cost 
thereof;  and  additional  copies  may  be  printed  for  sale  at 
the  discretion  of  the  governor  and  conncil,  the  expense 
thereof  to  be  paid  from  the  receipts  from  such  sales.  Any 
amonnts  received  from  such  sales  shall  be  paid  into  the 
treasury  of  the  commonwealth. 

Approved  June  1,  1908. 

Chap.122  Resolve  ix  favor  of  the  ^'e\v  Bedford  textile  school. 
New  Bedford         Besolved,  That  there  be  allowed  and  paid  out  of  the 

textile  school.  .     .  i   i        i  (•      •    i  i 

treasury  oi  the  commonwealth  the  sum  oi  eighteen  thou- 
sand dollars,  to  be  expended  by  the  trustees  of  the  Xew 
Bedford  textile  school  for  the  purposes  of  the  school :  pro- 
vided, that  no  part  of  this  sum  shall  be  paid  until  satis- 
factory evidence  has  been  furnished  to  the  auditor  of  ac- 
counts that  an  additional  sum  of  seven  thousand  dollars 
has  been  paid  to  the  said  trustees  by  the  city  of  Xew  Bed- 
ford or  received  by  them  from  other  sources.  The  city  of 
Xew  Bedford  is  hereby  authorized  to  raise  by  taxation  and 
pay  to  said  trustees  such  sum  of  money,  not  exceeding 
seven  thousand  dollars,  as  may  be  necessary  to  secure  the 
amount  provided  for  by  this  resolve. 

Approved  June  1,  190S. 

(7A«7J.123  Resolve  to  provide  for  the  completion  of  the  hos- 
pital BUILDING  AND  FOR  THE  INSTALLATION  OF  A  NEW 

heating   and    lighting    plant    and    refitting    the 
kitchen  at  the  soldiers'  home  in  massachusetts. 

Hospital  build-       Besolved,  That  there  be  allowed  and  paid  out  of  the 

thl'loki'iens'      treasury  of  the  commonwealth  a  sum  not  exceeding  twenty- 

Home.  ^^^^  thousand  dollars,  to  be  expended  by  the  Trustees  of 

'the  Soldiers'  Home  in  Massachusetts  for  the  purpose  of 

completing  the  new  hospital  building  now  in  process  of 

erection,   and  for  installing  a   new  heating  and  lighting 

plant  and  refitting  the  kitchen  at  the  said  institution. 

Approved  June  J^,  1908. 


Eesolves,  1908.  — Chaps.  124,  125,  126.  853 


Resolve  in  favok  of  the  widow  of  tiiomas  l.  davis.  Chap.V2i^ 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Margaret 
treasury  of  the  commonwealth  to  Margaret  Davis,  widow 
of  Thomas  L,  Davis  late  a  member  of  the  house  of  rej)re- 
sentatives  from  the  seventeenth  Essex  representative  dis- 
trict, the  salary  to  which  he  would  have  been  entitled  had 
he  lived  until  the  end  of  the  present  session. 

Approved  June  Jk,  190S. 


ItESOLVE    TO    PEGVIDE    FOR    THE    IMPKOVEMENT    OF    ESSEX   Chap.125 

EIVEE, 

Resolved,  That  there  be  allowed  and  paid  out  of  the  improvement 
treasury  of  the  commonwealth  to  the  secretary  of  war  of 
the  United  States  the  sum  of  five  thousand  dollars,  to  be 
expended  for  the  improvement  of  Essex  river  in  conjunc- 
tion with  an  equal  amount  appropriated  by  the  congress  of 
the  United  States  for  the  same  purpose  by  act  of  March 
second,  nineteen  hundred  and  seven.  Chapter  one  hundred 
and  twenty-four  of  the  resolves  of  the  year  nineteen  hun- 
dred and  seven  is  hereby  repealed. 

Approved  June  S,  19 OS. 


Resolve  to  provide  for  dredging  the  upper  part  of  njfr/ri  1  '^fi 

WEYMOUTH   FORE  RIVER. 

Resolved,  That  the  board  of  harbor  and  land  commis-  Dredging  of 
sioners  is  hereby  directed  to  dredge  the  shoals  which  have  Fo're"riv^r'^ 
formed  in  the  upper  j^art  of  Weymouth  Eore  river  in  the 
channel  excavated  by  the  United  States  government,  in 
accordance  with  the  provisions  of  chapter  one  hundred  and 
three  of  the  resolves  of  the  year  nineteen  hundred  and 
five,  whereby  the  commonwealth  agreed  to  maintain  the 
channel  dredged  in  said  river  by  the  United  States  gov- 
ernment. In  order  to  carry  out  the  provisions  of  this  re- 
solve the  said  board  may  expend  a  sum  not  exceeding 
twenty-five  hundred  dollars  out  of  the  treasury  of  the  com- 
monwealth. Approved  June  8,  1908. 


834: 


Resolves,  1908.  —  Chaps.  127,  128. 


Consolidation 
of  laws  relat- 
ing to  auto- 
mobiles, etc. 


Chap.V27  Resolve  to  provide  foe  a  consolidatiox  and  arraxge- 

MEXT  OF  THE  LAWS  RELATING  TO  AUTOMOBILES  AND 
MOTOR  CYCLES. 

Besolved,  That  the  Massachusetts  highway  commission, 
with  the  advice  and  assistance  of  the  attorney-general,  shall 
prepare  and  submit  to  the  next  general  court,  not  later 
than  the  second  Wednesday  in  January,  a  complete  con- 
solidation and  arrangement  of  the  laws  of  the  common- 
wealth relating  to  automobiles  and  motor  cycles,  to  the 
o^^mers  and  operators  thereof,  to  the  use  of  such  vehicles 
on  all  ways,  including  parkways  and  private  ways,  and  to 
the  powers  and  duties  of  the  Massachusetts  highway  com- 
mission, boards  of  park  commissioners  and  other  public 
officers  under  said  laws ;  and  shall  include  therein  all  laws 
which  are  in  force  at  the  time  when  it  makes  the  said 
report.  Said  commission  shall  perform  the  work  in  such 
manner  as  in  its  judgTiient  will  render  the  said  laws  most 
concise,  plain  and  intelligible.  It  may  reject  superfluous 
words  and  condense  into  as  concise  and  comprehensive  a 
form  as  is  consistent  with  a  full  and  clear  expression  of  the 
will  of  the  general  court  all  circuitous,  tautological  and 
ambiguous  phraseology ;  may  point  out  any  mistakes,  omis- 
sions, inconsistencies  and  imjDerfections  in  the  said  laws, 
and  the  manner  in  which  they  may  be  corrected,  supplied 
and  amended.  Approved  June  9,  1908. 


Massachusetts 
hospital  for 
epileptics. 


Chap.V2S   PtESOLVE  TO  PROVIDE  FOR  CERTAIN  IMPROVEMEXTS  AT  THE 
MASSACHUSETTS    HOSPITAL    FOR  EPILEPTICS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  a  sum  not  exceeding  thir- 
teen thousand  dollars,  to  be  expended  at  the  Massachusetts 
hospital  for  epileptics  under  the  direction  of  the  trustees 
thereof,  for  the  following  purposes :  —  For  the  removal  of 
the  stable,  a  sum  not  exceeding  five  hundred  dollars;  for 
constructing  and  furnishing  a  building  for  male  employees, 
a  sum  not  exceeding  five  thousand  nine  hundred  dollars; 
for  completing  and  furnishing  rooms  on  the  ground  floor 
of  the  women's  south  building,  for  female  employees,  a 
sum  not  exceeding  three  thousand  nine  hundred  dollars; 
for  constructing  a  bread  oven  in  the  kitchen  l^uilding,  a 
sum  not  exceeding  one  thousand  five  hundred  dollars;  for 


Resolves,  1908.  — Chaps.  129,  130,  131.  855 

renewal  of  heating  pipes  in  the  administration  building, 
a  sum  not  exceeding  three  hundred  and  fifty  dollars ;  and 
for  ensilage  cutter  and  motor  and  for  installing  the  same, 
a  sum  not  exceeding  eight  hundred  and  fifty  dollars. 

Approved  June  9,  190S. 

Resolve  to  provide  for  certain  improvements  at  the  QJin^^  "[OQ 

STATE  INDUSTRIAL   SCHOOL   FOR   GIRLS. 

Besolved,  That  there  be  allowed  and  paid  out  of  the  state  indus- 
treasury  of  the  commonwealth  a  sum  not  exceeding  sixteen  fofgiHs.°° 
thousand  seven  hundred  forty-seven  dollars  and  thirty-eight 
cents,  to  be  expended  at  the  state  industrial  school  for  girls 
under  the  direction  of  the  trustees  for  the  following  pur- 
poses :  —  For  enlarging  the  chapel  and  heating  the  same, 
a  sum  not  exceeding  seventy-five  hundred  dollars ;  for  fire 
protection,  including  metal  air  boxes,  a  sum  not  exceeding 
three  thousand  dollars ;  for  furnishing  a  new  cottage,  a 
sum  iiot  exceeding  twenty-five  hundred  dollars ;  for  build- 
ing and  furnishing  an  ofiice,  a  sum  not  exceeding  thirty- 
five  hundred  dollars ;  and  for  the  j)ayment  of  expenses  in 
connection  with  making  survevs  and  an  estimate  for  a 
permanent  system  of  sewage  disposal,  the  sum  of  two  hun- 
dred forty-seven  dollars  and  thirty-eight  cents. 

Approved  June  9,  190S. 


Chaji.l^O 


Resolve  to  provide  for  certain  improvements  at  the 
medfield  insane  asylum. 

Besolved,  That  there  be  allowed  and  paid  out  of  the  MedSeidin- 
treasury  of  the  commonwealth  a  sum  not  exceeding  thir-  ®^"^  asylum. 
teen  thousand  two  hundred  dollars,  to  be  expended  at  the 
Medfield  insane  asylum  under  the  direction  of  the  trustees 
thereof,  for  the  following  jDurposes :  - — ■  For  the  purchase 
<if  additional  land,  a  sum  not  exceeding  one  thousand  two 
hundred  dollars ;  and  for  remodelling  the  heating  plant,  a 
sum  not  exceeding  twelve  thousand  dollars. 

Approved  June  9,  190S. 

Resolve  to  provide  for  the  expenses  of  the  commis-  f-^i        -t  q-| 

SION   ON   OLD  AGE   INSURANCE   AND  PENSIONS.  "' 

Besolved,  That  there  be  allowed  and  paid  out  of  the  oid  age  in- 
treasury  of  the  commonwealth  a  sum  not  exceeding  fifteen  pen^si'ons?"'^ 
thousand  dollars,  to  be  expended  by  the  conunission  ap- 


856  Resolves,  1908.  — Chaps.  132,  133,  131. 

pointed  by  chapter  one  hundred  and  twenty-seven  of  the 
resolves  of  the  year  nineteen  hnndred  and  seven,  to  investi- 
gate and  rejxjrt  npon  systems  of  old  age  insurance  and  }>en- 
sions,  in  carrying  out  the  investigations  prescribed  by  the 
said  chapter. 

{The  foregoing  was  laid  before  the  Lieutenant  Gov- 
ernor, Acting  Governor,  on  the  fourth  day  of  June,  1908, 
and  after  five  days  it  had  "  the  force  of  a  law  " ,  as  pre- 
scribed by  the  Constitution,  as  it  ivas  not  returned  by  him 
ivith  his  objections  thereto  ivithin  that  time.) 

C/^rt/9.132  Resolve  to  provide  eok  printing  a  pamphlet  edition 
OF  the  insurance  laws  of  the  commonwealth. 

iTs'lTc!  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  commonwealth  a  sum  not  exceeding  five 
hundred  and  fifty  dollars,  to  be  exj^ended  in  preparing  and 
printing  an  annotated  edition  of  three  thousand  copies  of 
the  insurance  laws  of  the  commonwealth  as  comprised  in 
chapter  five  hundred  and  seventy-six  of  the  acts  of  the 
year  nineteen  hundred  and  seven,  and  amendments  thereto, 
the  work  to  be  done  under  the  direction  of  the  insurance 
commissioner.  Approved  June  11,  190S. 


Chap.l3S  Resolve  to  provide  for  the  purchase  of  an  adding 

AND    LISTING     MACHINE     FOR     THE     INSURANCE     DEPART- 
MENT. 

Adding  and  Besolvcd,  That  there  be  allowed  and  paid  out  of  the 

listing  ma-  '  ^  , .  . 

chine  for  the     trcasui'v  01  the  commoiiwealth  a  sum  not  exceeding  six 
partment.         hundred  dollars,  for  the   purchase   of  an  electric   adding 
and  listing  machine  for  the  insurance  department. 

Approved  June  11,  190 S. 


(7/i«79.134  Resolve   to   provide   for  a   report   relative   to   the 

DEVELOPMENT  OF  RAILROAD  AND  WATER  FRONT  FACILI- 
TIES IN  THE  EAST  BOSTON  DISTRICT  OF  THE  CITY  OF 
BOSTON. 


Railroad  and  Eesolvcd,  That  the  board  of  railroad  commissioners  and 

water  front  if-ii  t  i  ••  ... 

facilities  in        flie  board  of  liarbor  and  land  commissioners,  actinc;  lointlv, 

East  Boston.  7  ,-  .)  .  ? 

are  licrebv  requested  to  report  to  the  next  general  court 


Resolves,  1908.  — Chaps.  135,  136,  137.  857 

upon  the  feasibility  of  forming  a  definite  and  comprehen- 
sive plan  for  the  development  of  railroad  and  water  front 
facilities  in  that  part  of  the  city  of  Boston  known  as  East 
Boston,  and  to  include  in  their  report  a  draft  of  such  plan 
if  any  shall  appear  to  them  to  be  feasible. 

Approved  June  11,  1908. 

Resolve  to  provide  foe  :marking  the  boundary  lines  (J],nj)  1  35 

OF  THE  GREYLOCK  RESERVATION. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Boundary 
treasury  of  the  commonwealth,  to  be  expended  under  the  creyiock  " 
direction  of  the  Greylock  reservation  commission,  the  sum 
of  seventeen  hundred  dollars,  twelve  hundred  dollars  of 
which  shall  be  expended  for  the  purpose  of  procuring  and 
])lacing  in  position  suitable  markers  to  define  the  outside 
lines  of  the  reservation,  and  the  remainder  shall  be  ex- 
pended in  cutting  out  the  boundary  lines  between  such 
markers.  Approved  June  12,  1908. 


reservation. 


Chajp.l'dQ 


Resolve  relative  to  the  fifth  national  encampment 

OF  the  united  SPANISH   WAR  VETERANS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Encampment 
treasury  of  the  commonwealth  a  sum  not  exceeding  twenty-  waf  v'e'terans. 
five  hundred  dollars,  to  be  expended  under  the  direction 
of  the  governor  and  council  as  a  contribution  toward  the 
expenses  of  the  fifth  national  encampment  of  the  united 
Spanish  war  veterans  to  be  held  in  Boston  on  the  first, 
second  and  third  days  of  September  in  the  current  year. 

Approved  June  12,  1908. 


Chap.137 


Resolve  to  provide  for  certain  improvements  at  the 
state  farm. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  state  farm. 
treasury  of  the  commonwealth  a  sum  not  exceeding  four- 
teen thousand  five  hundred  dollars,  to  be  expended  at  the 
state  farm  under  the  direction  of  the  trustees  and  super- 
intendent thereof,  for  the  following  purposes :  —  For  paint- 
ing, pipe  covering,  new  feed  and  return  water  pumps  for 
main  water  plant,   for  baths,   for  moving  the  engineer's 


S5S  Resolves,  1908.  — Chaps.  138,  139,  140. 

liouse  and  for  incidental  rc})airs  thereto,  and  for  renew- 
ing gravel  and  shingle  rooting,  a  snni  not  exceeding  sev- 
enty-five hundred  dollars ;  for  a  new  morgue,  a  sum  not 
exceeding  two  thousand  dollars ;  and  for  the  purchase  of 
cows,  a  sum  not  exceeding  five  thousand  dollars. 

Approved  June  12,  1908. 

Chap.138  Kesolve  kelative  to  the  Massachusetts  agkicultural 

COLLEGE. 

A^rkuiturai"^        I^esolvecl,  That  the  board  of  trustees  of  the  Massachu- 
Coiiege.  setts  Agricultural  College  are  hereby  authorized  and  di- 

rected to  use  their  best  efforts  to  secure  and  accept  for  the 
college  the  benefits  of  the  retiring  fund  of  the  Carnegie 
Foundation  for  the  Advancement  of  Teaching. 

Approved  June  12,  1908. 

Chap.lSQ  Resolve  to  provide  for  the  publication  of  certaust 

AGRICULTURAL  STATISTICS  BY  THE  BUREAU  OF  STATISTICS 
OF  LABOR. 

Bureau  of  Resolved,  That  there  be  allowed  and  paid  out  of  the 

statistics  of  •*  i  .  , 

labor.  treasury  of  the  commonwealth  a  sum  not  exceeding  eight 

thousand  dollars,  to  be  expended  under  the  direction  of  the 
chief  of  the  bureau  of  statistics  of  labor,  for  a  tabulation 
of  the  quantity  and  value  of  agricultural  products  in  Mas- 
sachusetts as  ascertained  by  the  census  taken  in  the  year 
nineteen  hundred  and  five.      Approved  June  12,  1908. 

Chap.l4:0  Resolve  to  provide  for  an  exhibit  at  the  interna- 
tional  CONCiRESS   ON   TUBERCULOSIS. 

International         Iicsolved,  That  there  be  allowed  and  paid  out  of  the 

congress  on  ^  , ,  ,   . 

tuberculosis,  treasury  of  the  commonwealth  a  sum  not  exceeding  thirty- 
eight  hundred  dollars,  to  be  expended  under  the  direction 
of  the  state  l)oard  of  health  for  the  expense  of  collection, 
transportation,  installation,  care  and  return  of  a  suitable 
state  exhibit  at  the  international  congress  on  tuberculosis 
to  be  held  in  the  city  of  Washington  in  the  District  of 
Columbia  from  September  twenty-first  to  October  twelfth, 
inclusive,  in  the  year  nineteen  hundred  and  eight. 

Approved  June  12,  1908. 


Eesolves,  1908.  — Chaps.  141,  142.  859 


Resolve  to  authorize  a>'d  direct  the  metropolitan  C7i«».141 

PARK  COMMISSION  TO  INVESTIGATE  THE  DESIRABILITY 
OF  CONSTRUCTING  A  NEW  BRIDGE  ACROSS  THE  NEPONSET 
RIVER  BETWEEN  THE  CITIES  OF  BOSTON  AND  QUINCY, 
AND  OF  CONSTRUCTING  A  BOULEVARD  IN  THE  CITY  OF 
BOSTON  FROM   COLUMBIA  ROAD  TO   THE   NEPONSET  RIVER. 

Resolved,  That  the  metropolitan  park  commission  is  Bridge  across 
hereby  authorized  and  directed  to  investigate  the  desir-  river  bet*welii 
ability  of  constructing  a  new  bridge  across  the  jSTeponset  QuincyTtc 
river  between  the  cities  of  Boston  and  Quincy  at  or  near 
the  location  of  the  present  bridge,  and  to  report  the  result 
of  the  investigations  to  the  next  general  court  not  later 
than  the  second  Monday  in  January.  Said  commission 
shall  consider  the  most  suitable  location  of  said  bridge  with 
reference  to  the  various  uses  to  which  it  may  be  put  and 
also  with  reference  to  any  existing  or  proposed  boulevards 
in  the  vicinity  of  either  approach  to  said  bridge,  and  make 
estimates  of  the  expense  of  said  structure  and  approaches, 
including  the  draw  required  in  said  bridge ;  the  commis- 
sion shall  also  investigate  and  make  a  separate  report  upon 
the  advisability  and  probable  expense  of  taking  and  con- 
structing a  boulevard  in  that  part  of  the  city  of  Boston, 
formerly  Dorchester,  from  Columbia  road  at  a  point  east 
of  the  PhTnouth  division  of  the  i^ew  York,  ^ew  Haven 
and  Hartford  railroad  to  said  Xeponset  river.  There  may 
be  expended  from  the  treasury  of  the  commonwealth  a  sum 
not  exceeding  twenty-five  hundred  dollars  for  the  purposes 
of  carrying  out  the  provisions  of  this  resolve. 

Approved  June  13,  1908. 


Cha2?.U2 


Resolve  relative  to  the  improvement  of  the  harbor 
of  cuttyhunk  in  the  town  of  gosnold. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  improvement 
treasury  of  the  commonwealth  the  sum  of  seventy-five  hun-  hlr^bo"^*'""'' 
dred  dollars,  to  be  expended  under  the  direction  of  the 
board  of  harbor  and  land  commissioners  in  improving  the 
harbor  of  Cuttyhunk  in  the  town  of  Gosnold ;  this  sum  to 
be  in  addition  to  the  amount  authorized  by  chapter  five 
hundred  and  forty-two  of  the  acts  of  the  year  nineteen 
hundred  and  seven.  Approved  June  13,  1908. 


860  Resolves,  1908.  —  Chaps.  143,  114,  115. 


CAaj9.143  IvESOLVE  RELATIVE  TO  THE  COMMISSION  APPOIXTED  TO  IN- 
VESTIGATE THE  SUBJECT  OF  PUBLIC  IMPIIOVEMEXTS  FOK 
THE   METROPOLITAN  DISTKICT, 

pr"ov'lme7its  Besolved,  That  the  time  at  which  the  eommission  to  iu- 

ropoiitau  dVs-     ^^'^stigate  the  subject  of  public  improvements  for  the  met- 
*"ct.  ropolitaii   district,    appointed  under  chapter  one  hundred 

and  eight  of  the  resolves  of  the  year  nineteen  hundred  and 
seven,  was  required  to  report  by  the  said  chapter  is  hereby 
extended  until  the  fifteenth  day  of  March  in  the  year  nine- 
teen hundred  and  nine ;  and  the  commission  may  expend 
for  the  purposes  stated  in  said  chapter  an  additional  sum 
not  exceeding  ten  thousand  dollars.  The  expenses  incurred 
under  this  resolve  shall  be  assessed  upon  the  metropolitan 
park  district.  Approved  June  13,  1908. 

Ch(l2^.14:4c  EeSOLVE  to  CONFIRM  THE  ACTS  OF  NATHAN  MATTHEWS  AS 

A  JUSTICE  OF  THE  PEACE. 

Acts^of  Besolved,  That  the  acts  of  Xathan  Matthews  of  Boston 

Nathan  .  ,    •' 

Matthews,         as  a  iusticc  of  the  peace,  between  the  twentieth  dav  of 

justice  of  the  **  .  ^      ,      ^  | 

peace,  con-  ±  cDruary  111  the  year  nineteen  hundred  and  three  and  the 
twentieth  day  of  May  in  the  year  nineteen  hundred  and 
eight,  are  hereby  confirmed  and  made  valid,  to  the  same 
extent  as  if  during  that  time  he  had  been  qualified  to  dis- 
charge the  duties  of  said  office. 

Approved  June  13,  190S. 

Chap.l4:5  Resolve   to  provide  additional  accommodations  for 

THE   STATE   LIBRARY. 

State  library.  Besolved,  That,  for  the  purpose  of  providing  additional 
accommodations  for  the  state  library,  the  governor  and 
council  arc  hereby  authorized  to  cause  the  rooms  in  the 
state  house  now  occupied  by  the  restaurant  to  be  vacated 
and  to  be  re-arranged,  equipped  and  furnished  for  the  use 
of  the  state  library  in  accordance  with  such  suggestions  of 
the  state  librarian  as  may  be  approved  by  the  governor  and 
council.  A  sum  not  exceeding  thirty  thousand  dollars  may 
be  expended  for  the  purposes  of  this  resolve. 

Approved  June  13,  lOOS. 


Resolves,  1908.  — Chap.  146.  861 


Resolve  to  peovide  for  certain  improvements  at  the  CJicip.l4:6 

STATE  FARM,  THE  WORCESTER  INSANE  ASYLUM,  THE 
WORCESTER  INSANE  HOSPITAL  AND  THE  WRENTHAM 
STATE    SCHOOL. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  improvements 
treasury  of  the  conniiouwealth  from  the  ordinary  revenue,  statfinstitu- 
a  sum  not  exceeding  one  hundred  and  forty-one  thousand  *'°"®' 
nine  hundred  dollars,  to  be  expended  at  the  institutions,  by 
the  officers,  and  for  the  purposes  hereinafter  specified,  to 
wit:  — 

By  the  trustees  and  superintendent  of  the  state  farm,  a 
sum  not  exceeding  twenty-seven  thousand  dollars,  for  the 
following  purposes :  —  For  a  duplicate  pumping  power 
plant,  a  sum  not  exceeding  nine  thousand  dollars;  for  fin- 
ishing and  furnishing  the  new  women's  building,  a  sum 
not  exceeding  eight  thousand  dollars ;  and  for  a  new  wood- 
working shop,  a  sum  not  exceeding  ten  thousand  dollars. 

By  the  trustees  of  the  Worcester  insane  asylum,  a  stmi 
not  exceeding  sixty-two  thousand  nine  hundred  dollars,  for 
the  following  purposes :  —  For  the  construction  of  a  new 
building  for  patients  and  for  furnishing  the  same  complete 
for  occupancy,  a  sum  not  exceeding  fifty  thousand  dollars ; 
for  furnishing  rooms  for  employees  and  additional  farm 
equipment,  a  sum  not  exceeding  forty-five  hundred  dol- 
lars ;  for  the  construction  of  two  silos  and  the  extension  of 
the  electric  service,  a  sum  not  exceeding  twenty-four  hun- 
dred dollars ;  and  for  the  extension  of  the  sewerage  and 
water  system,  a  sum  not  exceeding  six  thousand  dollars. 

By  the  trustees  of  the  Worcester  insane  hosj)ital,  a  sum 
not  exceeding  fifty  thousand  dollars,  for  the  construction 
of  an  addition  to  the  main  building  of  said  hospital  and 
for  furnishing  the  same  complete  for  occupancy. 

By  the  trustees  and  superintendent  of  the  Wrentham 
state  school,  a  sum  not  exceeding  two  thousand  dollars, 
for  the  purchase  of  stock  and  tools  for  the  farm. 

Approved  June  13,  190S. 


8G2  Resolves,  1908.  — Chap.  U7. 


Chap.l4:7  Resolve  to  provide  for  the  coxstruction  of  a  break- 
water AT  THE  MOUTH  OF  WILD  HARBOR  IN  THE  TOWN 
OF   FALMOUTH. 

Breakwater  at        Besolved,  That  the  board  of  harbor  and  land  commis- 

the  moutli  of  ^  •' 

Wild  harbor,  sioiiers  is  hereby  authorized  and  directed  to  construct  a 
stone  breakwater,  extending  from  the  headland  on  the 
southerly  side  of  the  entrance  to  Wild  harbor  at  jSTorth 
Falmouth,  in  the  town  of  Falmouth,  in  the  location  and 
constructed  in  the  manner  described  in  the  report  of  said 
board  for  the  year  nineteen  hundred  and  seven,  and  for 
the  said  purpose,  the  board  may  expend  a  sum  not  exceed- 
ing five  thousand  dollars.  Said  board  shall  not  begin  the 
work  hereby  authorized  until  the  o'wners  of  the  shore  and 
flats  where  said  breakwater  is  to  be  located  shall  have  re- 
leased to  the  commonwealth  all  claims  for  damages,  which 
they  may  have  on  account  of  said  work. 

Approved  June  13,  1908. 


Resolutiox.  863 


RESOLUTION. 


Eesolutioxs    rpox     the     death     of    eepresextative 

THOMAS  L.   DAVIS. 

Whereas,  Thomas  L.  Davis,  a  member  of  the  House  of  ^pJ}^^  '^^^V^ 

'  ^  ^  .      "  of  Thomas  L. 

Representatives  from  the  city  of  Salem,  was  removed  bv  Davis, 
death  on  the  twenty-sixth  day  of  April  in  the  current  year ; 
be  it 

Besolved,  That  the  House  of  Representatives  hereby  ex- 
presses its  unaffected  sorrow  at  the  death  of  a  man  who 
was  resiDected  and  beloved  by  all  who  knew  him. 

Mr.  Davis  was  serving  his  ninth  successive  year  as  a 
member  of  this  body,  a  fact  which  sufficiently  attests  his 
ability,  integrity  and  popularity.  Xo  present  member  of 
the  House  can  boast  a  continuous  service  of  equal  lengi:!!. 
Indefatigable  in  promoting  the  interests  of  his  constitu- 
ents, unswerving  in  his  loyalty  to  the  Commonwealth,  fair 
and  courteous  to  his  fellow-members,  always  kindly  and 
considerate,  abounding  in  wit  and  humor,  his  death  is 
keenly  felt,  and  will  long  be  regretted. 

Resolved,  That  the  House  of  Representatives  tenders  its 
sincere  sympathy  to  the  family  of  the  deceased  member, 
and  directs  that  a  copy  of  these  resolutions  be  sent  to  them, 
and  that  the  resolutions  be  entered  upon  the  Journal  of  the 
House. 

In  House  of  Beiyresentatives,  adopted  May  G,  1908. 


S64:  KOTE. 

The  general  court  of  190S,  duriiiir  its  annual  session,  passed 
650  acts  and  14()  resolves  which  received  executive  approval. 

In  addition  to  these,  seven  acts  and  one  resolve,  entitled  respec- 
tively, "  An  Act  to  authorize  the  reinstatement  of  John  J.  Lynch 
as  a  member  of  the  lire  department  of  the  city  of  Boston  ", 
(chapter  394)  ;  ''  An  Act  to  authorize  the  city  of  Boston  to  im- 
prove Hyde  Park  avenue",  (chapter  437);  "An  Act  relative  to 
the  expenses  of  the  gas  and  electric  light  commissioners",  (chap- 
ter 536) ;  "  An  Act  to  authorize  cities  and  towns  to  establish 
pension  funds  for  teachers  in  the  public  schools  ",  (chajiter  498)  ; 
"  An  Act  to  establish  the  salary  of  the  engrossing  clerk  in  the 
office  of  the  secretary  of  the  commonwealth",  (chajoter  508); 
"  An  Act  to  provide  for  the  payment  of  pensions  to  teachers  of 
the  public  schools  of  the  city  of  Boston",  (chapter  589);  "An 
Act  to  i^rovide  for  retiring  and  pensioning  pi'isou  officers ", 
(chapter  601);  and  "A  Resolve  to  provide  for  the  exjienses  of 
the  commission  on  old  age  insurance  and  pensions",  (chapter 
131);  were  passed,  but  failed  to  receive  executive  approval;  but 
as  they  were  not  returned,  with  objections  thereto,  within  live 
days  after  they  had  been  received  in  the  executive  department,  the 
general  court  not  having  been  i^rorogued  in  the  meantime,  said 
acts  and  said  resolve  have  the  force  of  laws,  under  the  provisions 
of  the  Constitution  governing  such  cases,  and  have  been  so  cer- 
tified. 

Nine  acts  and  two  resolves,  entitled,  respectively,  "  An  Act  to 
authorize  the  county  of  Essex  to  compensate  Joseph  S.  Trimble 
for  money  expended  for  legal  services  and  exj^enses  in  the  de- 
fence of  Edward  W.  Meikle  " ;  "  An  Act  to  establish  the  salar^^ 
of  the  secretaiy  of  the  licensing  board  for  the  city  of  Boston  " ; 
"  An  Act  to  extend  the  open  season  for  trout  in  the  towns  of 
Mashpee  and  Barnstable  " ;  "  An  Act  to  increase  the  salaries  of 
the  justices  of  the  superior  court " ;  "  An  Act  to  increase  the 
salaries  of  the  justices  of  the  supreme  judicial  court";  "An 
Act  relative  to  the  salary  of  a  sheriff  who  perfonns  the  duties 
of  a  jailer  or  master  of  the  house  of  con-ection " ;  "  An  Act 
to  define  the  duties  of  the  female  members  of  the  inspection  de- 
partment of  the  district  police  " ;  "  An  Act  relative  to  the  assess- 
ment of  poll  taxes  and  registration  of  voters  in  the  city  of 
Boston";  "An  Act  relative  to  employment  in  the  joublic  service 
of  veterans  of  the  war  with  Spain  " ;  "  A  Resolve  to  provide  for 
an  inquiry  by  the  commission  on  industrial  education  into  the 
advisability  of  establishing  one  or  more  iiulustrial  colleges";  and 
"  A  Resolve  in  favor  of  Michael  Murpliy,  Maiy  Callahan,  M. 
Joseph  IMurjihy,  Francis  ]\Iurphy,  Frederick  ]\Iurphy,  ]\Iargaret 
Murphy,  Katharine  ]\Iurphy  and  Genevieve  Murphy,  all  of  Lynn, 
and  Andrew  INIurphy  of  Chelsea  " ;  were  passed  and  laid  bef oi-e 
the  executive  for  approval,  and  were  returned,  with  objections 
thereto,  to  the  branch  in  which  they  respectively  originated;  were 
reconsidered,  and  the  vote  being  taken  on  passing  the  same,  the 
objections  of  the  executive  thereto  notwithstanding,  they  were 
rejected,  two  thirds  of  the  members  of  either  branch  not  having 
A'oted  in  the  affirmative. 

The  general  court  was  prorogued  on  Saturday,  June  13,  at 
6.41  P.M.,  the  session  ha^-ing  occupied  165  days. 


Governor's  Address.  865 


mAUGURAL  ADDRESS 

OF 

His  Excellency  Curtis  Guild,  Jr. 


At  twelve  o'clock  on  Thursday,  the  second  day  of  Janu- 
ary, his  excellency  the  governor,  accompanied  by  his  honor 
the  lieutenant  governor,  the  members  of  the  executive  coun- 
cil, and  officers  of  the  civil  and  military  departments  of 
the  government,  met  the  senate  and  house  of  representa- 
tives, in  convention,  and  delivered  the  following 

ADDRESS. 

Gentlemen  of  the  General  Court  of  Massachusetts: 

It  is  again  my  high  privilege  to  express  to  the  chosen 
representatives  of  the  people  my  deep  appreciation  of  the 
important  trust  they  have  confided  to  me.  In  the  execu- 
tion of  the  duty  thus  imposed  I  have  the  honor  of  suggest- 
ing to  you  certain  lines  of  legislation  on  which  I  ho|ie  we 
may  co-operate  in  advancing  the  interests  of  a  common- 
wealth that  has  found  it  possible  to  achieve  eminent  com- 
mercial and  industrial  success  without  the  sacrifice  of  the 
high  ideals  to  which  from  the  beginning  her  career  was 
consecrated. 

The  need  of  to-day  is  peace,  and  peace  with  honor,  — 
peace  between  nations,  comity  between  states,  good  temper 
as  well  as  honesty  between  individuals. 

We  must  enforce,  we  have  enforced  the  law,  whether 
those  who  encroach  upon  its  provisions  are  corporations  or 
individuals. 

We  must  control,  we  have  controlled  great  public-service 
corporations.  The  alternative  of  such  control  is  not  in- 
dividualism, but  socialism.     If,  however,  there  is  a  year 


866  Governor's  Address. 

wlion  it  is  particularly  desirable  to  avoid  recklessly  sensa- 
tional onslaughts  on  property,  shattering  public  confidence, 
curtailing  commerce,  checking  investment,  reducing  alike 
the  earnings  of  ca})ital  and  the  employment  of  labor,  it  is 
this  year  1908. 

Swift  changes  in  the  conveyance  of  intelligence,  in  trans- 
portation, in  industry  and  commerce  have  in  a  bare  decade 
so  revolutionized  our  methods  of  life  as  to  render  neces- 
sary not  only  general  restatement  and  large  extension  of 
legislation  hitherto  adequate,  but  also  the  enactment  of 
radical  reforms  in  the  methods  of  government,  with  sweep- 
ing public  scrutiny  and  regulation  of  great  corporations. 

For  the  quiet  and  sensible  adjustment  of  ancient  theories 
to  new  conditions  it  is  not  necessary  to  resort  to  extreme 
methods,  destructive  alike  of  private  credit  and  public  con- 
fidence. A  suggestion  to  success  in  this  direction  it  seems 
to  me  is  the  constant  memory  that  the  political  advertise- 
ment of  the  reformer  is  of  less  importance  than  the  gen- 
uineness and  efficiency  of  the  reform. 

I  believe  that  this  has  been  borne  in  mind  in  the  last 
two  sessions  of  this  general  court.  The  constructive  work 
of  Massachusetts  in  this  short  period  not  only  is  already 
serving  as  a  model  elsewhere,  but  its  new  departures  have 
won  general  and  national  encomiinn. 

Complete  recodification  or  radical  reform  has  been  ef- 
fected in  the  laws  covering  the  banking  and  financial  in- 
stitutions of  the  commonwealth,  the  regulation  of  the  sale 
of  liquor,  the  control  of  insurance,  the  hours,  age  and  con- 
dition of  labor,  the  medical  inspection  of  schools  and  fac- 
tories, the  control  of  telephones  and  telegraphs,  the  exten- 
sion of  the  express  business  to  trolley  lines,  the  protection 
of  children  in  school  and  factory,  the  safeguarding  of 
juries,  the  checking  of  corruption  in  elections,  and  the 
system  of  taxation. 

Progressive  change  or  radical  reform  has  been  effected 
in  the  police  and  excise  system  of  the  city  of  Boston,  the 
bank  commission,  the  insurance  de]iartment,  the  gas  and 
electric  light  commission,  the  Rutland  sanatorium,  the 
highway  commission,  the  Foxborough  state  hos]>ital,  the 
state  system  of  education,  the  armory  commission,  the  office 
of  state  forester,  the  state  control  of  weights  and  measures, 
the  l)ureau  of  statistics  of  labor,  the  de]iartment  of  boiler 


Governor's  Address.  867 

inspection,  the  state  police,  and  the  Massachusetts  volunteer 
militia. 

These  great  changes,  legislative  and  executive,  have  been 
made,  thanks  to  the  methods  of  the  general  court  and  the 
temper  of  our  jjeople,  without  any  dislocation  of  public 
life  or  disturbance  of  private  business. 

Public-service  corporations  have  found  that  public  regu- 
lation knows  no  favorites.  In  some,  abuses  have  been  cor- 
rected ;  in  some,  the  charge  to  the  public  has  ]3een  materi- 
ally reduced.  In  every  case,  however,  the  commonwealth 
has  maintained,  as  it  ever  must  maintain,  quietly  if  pos- 
sible, but  conspicuously  if  necessary,  the  dig-nity  and  in- 
violability of  its  statutes,  no  matter  what  the  result. 

BANKS    AND    BANKING.' 

The  sound  character  of  the  financial  institutions  of  this 
commonwealth  has  never  been  better  demonstrated  than  in 
the  year  just  closed.  That  financial  institutions  of  Mas- 
sachusetts have  not  only  weathered  the  recent  financial 
storm  without  the  slightest  damage,  but  have  actually  been 
able  to  afford  aid  to  institutions  in  other  states,  is  a  high 
tribute  alike  to  the  general  ability  and  probity  of  the  offi- 
cials of  such  institutions,  to  the  safeguards  provided  by 
Massachusetts  law  for  the  organization  and  operation  of 
such  institutions,  and  to  the  thoroughness  with  which  they 
have  been  supervised  under  the  direction  of  the  present 
bank  commissioner. 

During  the  session  of  1907  the  foreign  steamship  agents 
who  do  a  banking  business  were  placed  under  the  super- 
vision of  the  bank  commissioner.  Foreign  banking  corpo- 
rations doing  a  savings  bank  business  here  were  also  com- 
pelled to  invest  such  deposits  under  the  same  laws  that 
cover  the  investments  of  our  Massachusetts  savings  banks. 
I  l^elieve  that  the  depositor  of  savings  should  receive  uni- 
form treatment,  no  matter  where  his  savings  are  deposited, 
and  therefore  recommend  to  you  that  this  same  principle 
should  be  extended  to  trust  companies  doing  a  savings 
bank  business. 

Such  restrictions  of  course  should  not  apply  to  ordinary 
deposits  in  trust  companies.  The  soundness  and  solvency 
of  these  institutions  render  any  further  restriction  of  their 


8G8  GovEKxoii's  Address. 

ordinary  business  not  merely  needless  bnt  nndcsirable. 
Such  restrictions  should  extend  only  to  that  department 
of  a  trust  company  devoted  to  savings.  The  savings  de- 
positor who  puts  his  money  in  any  institution  authorized 
by  our  laws  to  receive  savings  deposits,  whether  savings 
bank,  trust  company  or  foreign  bank,  should  know  that  in 
every  authorized  place  of  deposit  his  savings  are  subject 
to  exactly  the  same  protection  and  invested  in  exactly  the 
same  manner  which  nearly  a  century  of  experience  has 
shown  to  be  peculiarly  wise  and  secure. 

TEAXSPORTATIOX. 

The  most  serious  question  to  be  determined  in  this  ses- 
sion is  the  settlement  of  the  transportation  problems  of 
Massachusetts.  It  should  be  taken  up  in  a  broad  sj^irit, 
free  from  prejudice. 

Especially  should  legislative  action  that  is  merely  de- 
structive be  avoided.  Xo  policy  which  has  not  been  thor- 
oughly and  carefully  followed  to  its  conclusions  should  be 
adopted.  The  burden  of  proof  in  any  proposed  change  of 
management  emphatically  is  on  those  seeking  the  change, 
lie  who  asserts  must  prove. 

It  is  not  an  exaggerated  charge,  but  a  simple  statement 
of  fact,  to  say  that  no  steam  railroad  now  operated  in 
Massachusetts  is  giving  the  service  that  it  should  give  to 
the  public. 

Delay  in  the  shipment  of  freight  and  a  general  tardi- 
ness of  all  trains  has  marked  the  service  on  all  of  oui- 
railroads.  The  equipment  of  all  lines  in  locomotives  is 
inadequate.  The  trackage  in  the  commonwealth  is  notori- 
ously insufficient  for  the  business  offered,  either  in  freight 
or  passenger  service.  Sleeping  cars  on  through  lines  are 
not  fitted  with  the  conveniences  su])plied  even  on  trains 
running  between  cities  of  secondary  size  in  the  middle 
west. 

We  have  to  consider  not  the  mere  ])unishmcnt  of  cor- 
porations, but  how  we  may  provide  more  tracks,  more  cars, 
better  and  more  locomotives.  Any  one  can  wreck  and 
destroy ;  it  is  our  business  to  create  and  improve. 

The  commission  on  commerce  and  industry  is  engaged 
in  a  thorough,  impartial  investigation  of  the  steam  rail- 
roads of  the  commonwealth,  and  of  the  causes  that  have 


Goverxor's  Address.  869 

prevented  investment  in  transportation  companies  in  Mas- 
sachusetts during  the  last  decade.  I  ask  you  to  continue 
the  life  of  this  commission  at  least  until  their  report  can 
be  completed  and  placed  at  your  disposal.  Detailed  and 
exact  knowledge  of  actual  existing  conditions  should  pre- 
cede any  action  in  any  case  in  question. 

Existing  law  is  inadequate  to  deal  with  j^ublic  control 
of  railroads.  The  Massachusetts  railroad  commission,  the 
pioneer  in  state  control  of  public-service  cor]X)rations, 
should  be  clothed  with  ampler  powers.  It  should  at  least 
be  given  the  same  control  of  railroads  within  Massachusetts 
that  is  given  to  the  interstate  commerce  commission  in 
regard  to  roads  doing  an  interstate  business.  It  should  be 
given  power  not  merely  to  recommend  but  to  enforce  the 
use  of  appliances  that  will  tend  to  prevent  the  loss  of  life 
or  limb  on  street  or  on  steam  railways.  It  should  be  given 
the  power  to  compel  steam  railways  to  run  their  trains  in 
accordance  with  their  advertised  schedule,  and,  if  neces- 
sary, penalties  should  be  imposed  for  failure  to  do  so. 

I  suggest  for  your  consideration,  not  in  any  one  specific 
case,  but  as  a.  matter  of  general  policy,  these  proposi- 
tions :  — 

1.  Shall  a  steam  railroad  be  allowed  to  control  trolley 
lines  ? 

The  intent  of  the  law  of  Massachusetts  clearly  prohibits 
such  control.  The  competition  in  passenger  service  and, 
since  the  law  of  1907,  in  express  service  between  steam 
and  street  railroads  is,  I  believe,  healthy,  and  should  be 
maintained. 

2.  Should  an  express  company  be  permitted  to  control 
a  railroad,  and  through  a  railroad  freight  rates  ? 

I  believe  that  the  influence  of  express  companies  in  the 
control  of  railroads  hampers  their  development  and  tends 
to  damage  the  general  interest  of  the  public.  I  believe 
that  the  ownership  of  railroad  stocks  by  express  companies 
should  be  discouraged. 

3.  Should  railroad  companies  be  permitted  to  owti  or  to 
control  or  to  establish  steamship  lines  ? 

Under  a  Massachusetts  charter,  which  we  all  desire  for 
all  roads  in  this  commonwealth,  even  beneficial  extension 
of  business  along  these  lines  is  practically  impossible.  Let 
me  give  you  a  sketch  of  a  possibility :  — 


870  Goveknok's  Address. 

The  Argentine  Confederation  imports  cottons  (they  are 
manufactured  at  Lowell  and  Fall  Eiver),  shoes  (they  arc 
made  at  Lynn  and  Brockton),  machinery  (it  is  manufac- 
tured at  Athol  and  Orange  and  Worcester  and  Sprinohehl 
and  Fitchburg),  furniture  (it  is  the  product  of  Gardner 
and  Ashburnham),  woolens  (the  new  plant  at  Lawrence  is 
the  largest  in  the  world).  The  same  country  exports 
chiefly  hides,  for  which  Boston  is  the  iirst  market  in  the 
world ;  and  wool,  for  which  Boston,  except  London,  is  the 
largest  market  in  the  world.  If  a  IMassachusetts  railroad 
should  wish,  for  example,  to  run  a  line  of  steamships  from 
Boston  to  Buenos  Ayres,  why  is  not  that  manifestly  a 
splendid,  logical,  evident  oj^ening  for  Massachusetts  enter- 
prise, and  why  should  it  be  prohibited  ? 

4;.  Should  one  steam  railroad  be  allowed  to  control  an- 
other ? 

Such  control,  whether  through  owuership  of  stock  or 
otherwise,  directly  or  indirectly,  is  at  present  forbidden  by 
statute. 

I  believe  that  on  certain  terms  permission  for  some 
union  of  interests  not  in  violation  of  any  national  statute 
might  be  granted.  Such  permission,  however,  should  not 
precede  a  thorough  examination  of  the  real  condition  of 
the  two  roads  involved,  and,  if  granted,  should  be  accom- 
panied by  changes  in  law  giving  the  railroad  commission 
greater  powers  of  public  control,  together  with  other 
changes,  as  to  which  I  may  have  something  to  say  later, 
further  safeguarding  the  public  interests. 

We  have  three  steam  railroad  systems  in  ]\[assaehusetts : 
one  is  a  Connecticut  corporation,  one  is  dominated  by  an 
express  company  with  headquarters  in  New  York,  one  is 
leased  by  the  New  York  Central  and  Hudson  Eiver  Rail- 
road Company,  and  cannot  be  combined  with  the  others 
without  violating  the  national  law  prohibiting  the  consoli- 
dation of  comi->eting  lines  doing  an  interstate  business. 

This  condition  is  bad.  The  surrender  to  any  outside 
corporation  of  all  local  control  of  l\f  assachusetts  transporta- 
tion would  be  worse.  The  loading  up  of  railroads  with 
heavy  permanent  fixed  charges,  as  the  result  of  long  leases, 
has  been  as  unfortunate  for  the  public  as  for  the  railroads. 
One  condition  must  at  all  events  be  enforced  in  any  pro- 
posed consolidation :  stringent  permanent  provisions  should 


Goverxor's  Address.  871 

be  made  against  any  control  of  any  New  England  road  by 
any  corporation,  American  or  Canadian,  with  an  Atlantic 
terminal  for  eastbound  freight  anywhere  outside  New  Eng- 
land. I  believe  any  possible  combination  should  be  effected 
not  by  a  lease  imposing  permanent  extravagant  fixed 
charges  alike  on  the  corporation  and  the  pnblic,  bnt  by  a 
conmmnity  of  interest  between  two  systems  both  of  which 
in  Massachusetts  should  run  under  Massachusetts  charters, 
each  supplementing  the  other,  with  headquarters  in  Bos- 
ton, and  managed  solely  for  the  development  of  Xew  Eng- 
land. 

I  believe  it  is  worth  trying  by  new  legislation  not  merely 
to  escape  the  surrender  of  the  relics  of  New  England  con- 
trol which  we  at  present  possess,  but  to  recover  the  control 
that  we  have  already  lost,  that  not  merely  New  England 
legislatures  but  New  England  railroads  may  strike  at  the 
shackles  about  New  England  commerce,  and  stimulate  New 
England  industry. 

HIGHWAYS    AND    AUTOMOBILES. 

Last  year  the  general  court  adopted  in  part  my  recom- 
mendation that  the  automobiles,  which  more  than  any  other 
vehicle  destroy  the  surface  of  the  state  highways,  should 
be  made  to  pay  through  a  tax,  in  the  form  of  an  annual 
registration  fee,  for  the  repair  of  the  roads  they  destroy. 
The  present  tax  is  inequitable.  It  should  be  so  graded  that 
the  heavy  touring  car,  which  does  serious  damage,  should 
not  escape  as  at  present  with  exactly  the  same  light  tax 
laid  on  the  small  and  comparatively  harmless  runabout. 

The  highway  commission  is  not  authorized  by  law  to 
enforce  the  attendance  of  witnesses  nor  to  pay  witness  fees 
at  hearings.  Consequently,  many  strong  cases,  where  li- 
censes should  be  suspended  or  revoked,  are  never  pre- 
sented. This  authority  to  compel  the  attendance  of  wit- 
nesses should  be  given. 

The  highways  of  Massachusetts  are  admittedly  the  best 
in  the  country.  They  have  made  this  commonwealth  the 
Mecca  of  automobile  tourists  from  other  states,  who  pav 
nothing  for  the  support  of  the  roads  they  help  to  destroy. 
I  recommend  that  automobiles  coming  from  outside  the 
commonwealth  be  made  to  conform  to  all  regulations  made 


872  Govp:rxok's  Address. 

for  those  owned  inside  this  commonwealth,  and  that  all 
automobiles  operated  within  this  commonwealth  for  over 
seven  days  by  outside  owners  be  subjected  to  the  same  tax 
for  road  repairs  imposed  for  that  purpose  on  automobiles 
owned  within  the  limits  of  Massachusetts. 


CONTROL   OF   ANIMAL   DISEASES    AND   PEODUCTS. 

The  maintenance  by  Massachusetts  of  her  position  as 
the  first  agricultural  state  in  iSTew  England,  measured  by 
the  value  of  agricultural  products,  is  a  matter  of  pride. 
The  steady  increase  over  even  the  record-breaking  value  of 
$04,000,000  in  the  census  year  1905  is  even  more  en- 
couraging. 

The  cattle  bureau  should  be  set  upon  a  more  permanent 
footing.  The  salary  of  the  chief  of  the  bureau  and  of  the 
chief  clerk  should  be  increased.  The  tenure  of  office  of 
the  chief  should  be  made  longer,  as  in  all  other  depart- 
ments ;  and  the  clerical  service  throughout,  as  elsewhere, 
placed  on  a  permanent  basis  under  the  civil  service  act. 
The  chief  should  l>e  given  authority  to  enforce  the  filing 
of  reports  with  him.  A  general  revision  of  all  law  in  re- 
gard to  rabies,  glanders,  tuberculosis  and  other  diseases  of 
animals  should  be  made,  placing  all  regulation  under  one 
authority.  Conditions  now  troublesome  through  the  opera- 
tion of  special  legislation  should  be  made  uniform  through- 
out the  commonwealth,  by  the  enactment  of  general  law 
with  more  clearly  defined  provisions  as  to  which  official  is 
or  is  not  responsible  for  its  enforcement. 

The  whole  question  of  the  supply,  shipment  and  condi- 
tion of  milk  needs,  in  my  opinion,  sjiecial  investigation. 
When  it  is  shown  that  shipment  of  milk  from  ^lassachu- 
setts  farms  to  Xew  York  costs  less  and  can  be  made  with 
more  convenience  than  shipment  from  the  same  farms  to 
Boston,  when  the  chief  of  the  cattle  bureau  makes  himself 
responsil)lc  for  the  statement  that  most  of  the  milk  sold 
to  the  public  is  two  or  three  days  old,  it  is  evident  that 
even  the  good  work  now  being  done  can  be  improved  upon. 
]\rilk  is  the  food  of  the  invalid  and  the  little  child.  Xo 
food  should  be  the  subject  of  greater  solicitude  for  cheap- 
ness and  purity  than  that  which  is  to  make  strong  the  weak 
and  the  helpless. 


Goverxok's  Address.  873 


PROTECTIO:?^  FOR  SHELLFISH. 

The  lobster  is  swiftly  vanishing  from  the  coast  of  Xew 
England.  This  loss  of  an  important  article  of  food  is 
partlv  due  to  the  general  reckless  destruction  of  the  crus- 
tacean. It  is  also  due  to  the  utterly  unscientific  methods 
hitherto  used  for  the  animal's  preservation.  The  egg-bear- 
ing animal  is  not  the  chicken  lobster,  but  the  large  lobster, 
whose  destruction  has  been  especially  encouraged.  I  rec- 
onunend  the  passage  of  a  law  permanently  prohibiting  the 
use  of  lobster  pots  with  rings  large  enough  to  permit  the 
entrance  of  lobsters  of  the  breeding  age.  It  may  also  be 
necessary  to  establish  temporarily  a  close  season  for  all 
lobsters.  It  is  almost  impossible  to  prevent  the  catch  and 
sale  of  lobsters  by  a  test  based  on  size.  It  is  easily  pos- 
sible to  enforce  the  use  exclusively  of  lobster  pots  or  traps 
having  a  ring  permitting  the  entrance  of  no  lobster  larger 
than  a  certain  size  established  by  law. 

PERSONALITY    OF    STATE     COMMISSIONS. 

On  assuming  office  I  found  the  various  commissions  of 
the  commonwealth,  paid  and  unpaid,  temporary  or  perma- 
nent, tilled  almost  entirely  by  representatives  of  the  pro- 
fessional, the  commercial,  the  leisure  classes.  The  farmer 
and  the  wage  earner  were  with  rare  exception  unable  to 
perform  such  public  service.  The  farmer  must  hire  some 
one  to  do  his  work  when  he  leaves  it,  the  wage  earner  who 
gives  a  day  to  public  service  forfeits  his  day's  earnings. 
A  merchant  called  to  public  seiwice  may  leave  his  busi- 
ness for  a  "short  period  without  serious  financial  loss,  but 
wage  earners,  farmers  and  perhaps  others  cannot  give  a 
day  to  public  service  without  encroaching  on  the  fund 
available  for  feeding  and  clothing  their  families.  I  ask 
that  the  governor  and  council  be  given  authority  to  reim- 
burse commissioners,  within  the  limits  of  any  future  ap- 
propriation for  any  unpaid  commission,  or  when  citizens 
are  officially  sent  to  represent  the  commonwealth  at  na- 
tional conventions,  to  reimburse  such  delegates  to  such 
extent  as  may  be  found  by  the  governor  and  council  to 
have  been  necessary  by  their  giving  as  commissioners  or 
delesfates  their  services  to  the  commonwealth. 


874  Govkrxor's  Address. 

The  total  expense  thus  incurred  in  any  given  year  is  not 
burdensome  to  the  commimity,  though  highly  important  to 
the  individual.  Equality  before  the  law  demands  that  no 
class  of  citizens  should  l)e  debarred,  by  the  necessity  of 
sustaining  personal  loss,  from  accepting  an  opportunity  to 
give,  when  desired,  the  benefit  of  their  knowledge  and  ex- 
perience to  the  commonwealth. 

CIVIL    SERVICE. 

The  civil  service  commission  is  steadily  increasing  its 
usefulness.  Its  compensation  is  ridiculously  inadequate, 
its  quarters  are  insulKcient.  I  urge  ujwn  you  a  more  ade- 
quate compensation,  the  enforcement  of  the  daily  attend- 
ance of  at  least  one  member  of  the  commission  at  the  office 
of  the  commission  during  business  hours,  and  the  provi- 
sion of  decently  adequate  quarters  for  this  most  important 
department, 

CORRUrT    PRACTICES. 

The  general  court  last  year  forbade  all  corporations 
under  supervision  or  regulatigu  by  the  commonwealth  to 
contribute  to  campaign  funds.  I  rejoice  that  such  action 
was  taken.  I  ask  you  to  join  me  in  extending  that  prohi- 
bition to  all  corporations,  regardless  of  their  character, 
not  alone  that  we  may  secure  a  greater  measure  of  purity 
in  public  elections,  but  that  we  may  secure  higher  business 
ideals  in  the  management  of  corporations.  An  individual 
has  a  right  to  give  away  his  o^^^l  money,  firms  have  a  right 
to  give  away  their  own  money,  for  any  legitimate  use  they 
may  desire.  The  officers  of  a  corporation,  however,  have 
no  right  for  any  reason  to  give  away  money  which  is  not 
theirs,  for  purposes  other  than  those  connected  with  the 
business  of  the  corporation.  Still  less  have  they  the  right 
to  make  expenditures  which  do  not  appear  in  the  corpora- 
tion accounts,  and  of  which  the  stockholders  are  ignorant. 
The  legislature  of  15)0(3  voted  no  money  out  of  the  public 
treasury  even  to  the  sufferers  by  fire  and  carth(iuake  at 
San  Francisco.  They  contributed  out  of  their  own  pockets. 
I  commend  this  example  of  conduct  of  the  over-abused 
legislator  to  the  over-extolled  business  man.  Let  us  for- 
bid any  corporation  of  any  kind  to  contribute  to  any 
political  organization. 


Governok's  Address.  875 

Every  candidate  for  public  office,  every  man  who  holds 
public  office,  is  now  subjected  to  a  pressure  for  enforced 
contributions,  in  j^art  exerted  by  so-called  political  work- 
ers, but  especially  exerted  by  inconsiderate  clergymen  and 
benevolent  associations.  The  demands  of  churches  and  of 
charitable  and  benevolent  associations  for  money  from  pub- 
lic officials  or  candidates  for  public  office  are  little  less  to 
be  condemned  than  the  demands  for  money  from  men  who 
sell  their  political  convictions  for  hire.  I  recommend  that 
the  solicitation  of  funds  from  officials  and  candidates, 
whether  directly  for  political  service  or  for  spaces  in  pro- 
granmies,  for  ball  tickets,  for  fairs  or  bazaars,  or  for  any 
purpose  whatever,  be  prohibited. 

It  is  time  that  a  halt  was  called  on  practices  which,  even 
on  the  part  of  well-intentioned  people,  handicap  a  man  of 
modest  means  from  becoming  a  candidate  or  for  holding 
public  office  in  this  commonwealth. 

The  same  principle  imperatively  demands  some  restric- 
tion on  the  hiring  of  men  to  work  at  the  polls.  It  is  a 
known  fact  that  this  so-called  legitimate  expenditure,  now 
subject  to  no  limitation,  has  been  used  as  a  cover  for  direct 
bribery.  The  purposes  for  which  men  may  be  hired  and 
the  number  should  be  clearly  limited  by  law,  and  the 
bribing  of  voters  under  the  pretence  of  hiring  workers 
should  be  made  a  penal  offence. 

TAXATION". 

During  the  recess  your  commission  appointed  for  the 
purpose  has  made  a  thorough  and  most  painstaking  in- 
vestigation of  the  methods  of  taxation  in  this  and  in  other 
commonwealths.  I  commend  the  result  of  their  labors  to 
your  careful  consideration. 

Every  year  the  commonwealth  is  called  upon  to  relieve 
the  cities  and  towns  from  this  or  that  source  of  expense. 
The  commonwealth  has  recently  relieved  or  is  relieving 
cities  and  towns  from  the  care  of  the  insane,  from  the 
care  of  victims  of  tuberculosis,  from  the  necessity  of  build- 
ing and  maintaining  armories  for  the  Massachusetts  volun- 
teer militia.  Local  taxation  should  be  reduced,  as  these 
burdens  are  lifted. 

It  is  only  a  question  of  time  when  local  expenses  will 
be  further  reduced  by  the  adoption  of  a  state  police  force 


87(3  Goyeknok's  Address. 

and  a  state  excise  conmiission.  Sooner  or  later  public 
oiDinion  will  demand  especially  that  country  towns  must 
not  vote  for  prohibition  as  a  matter  of  public  record  and 
actually  encourage  gambling  and  the  illicit  sale  of  liquor, 
if  nothing  worse,  in  inns  and  road  houses  as  a  matter  of 
private  revenue. 

Sooner  or  later  public  ojiinion  will  demand  that  in  the 
interests  of  efficiency,  not  in  certain  cities  and  towns  but 
in  every  city  and  town  the  police  shall  be  divorced  from 
local  politics,  and  managed  from  a  central  authority  in  a 
uniform  system,  guaranteeing  permanence  in  office,  free- 
dom from  political  influence  and  encouragement  to  a  fear- 
less enforcement  of  the  law. 

The  course  of  the  general  court  under  the  pressure  of 
certain  combined  local  jxtlitical  influences  has  been  utterly 
illogical.  It  has  steadily  relieved  cities  and  towns  of  one 
burden  after  another,  and  as  steadily  stripped  the  com- 
monwealth of  one  source  of  revenue  after  another,  to  the 
encouragement  of  extravagance  in  local  administration  by 
giving  cities  and  toA\Tis  a  revenue  that  logically  and  legiti- 
mately belongs  to  the  commonwealth. 

This  is  in  part  true  in  regard  to  the  revenue  from  liquor 
licenses.  It  is  notoriously  true  as  to  the  corporation  tax. 
The  corporation  is  a  creature  of  the  state ;  it  is  controlled 
by  the  state ;  expenses  publicly  incurred  on  its  account  are 
borne  by  the  state.  Universally,  except  in  Massachusetts, 
the  corporation  tax  —  which  is,  after  all,  an  excise  tax  — 
is  given  to  the  state.  Here  the  greater  part  of  it,  with  fine 
lack  of  logic,  is  returned  to  cities  aiid  towns,  and  in  such 
an  unscientific  and  inequitable  manner  that  communities 
least  able  to  bear  taxation  receive  little  or  no  relief,  w'hile 
communities  best  able  to  bear  financial  burdens  are  re- 
lieved largely  of  local  taxation. 

Under  the  present  inequitable  system,  the  city  of  Bos- 
ton pays  in  direct  state  tax  one  million  and  a  half,  and 
receives  back  in  distribution  of  revenue  from  the  corpora- 
tion tax  nine  hundred  and  eighty  thousand  dollars.  The 
to^^^l  of  Brookline  pays  one  hundred  and  twelve  thousand 
dollars  in  direct  taxes,  and  receives  back  in  corporation 
tax  distribution  two  hundred  and  two  thousand  dollars. 

The  struggling  city  is  mulcted  half  a  million  a  year, 
while  the  rich  town  actuallv  collects  for  its  own  local  ex- 


GovERxoPt's  Address.  877 

penditure  out  of  the  treasury  of  the  commonwealth  ninety 
thousand  a  year  by  the  operation  of  the  present  absurd 
and  illogical  system.  Lynn  pays  to  Massachusetts  seventy- 
five  thousand  dollars  in  direct  state  tax,  and  collects  in 
distribution  of  corporation  tax  but  forty-two  thousand  dol- 
lars. !Nahant,  however,  pays  in  direct  state  tax  but  eight 
thousand  dollars,  and  collects  from  the  commonwealth 
twenty-five  thousand  dollars.  The  struggling  little  hill 
town  of  Charlemont,  with  bridges  and  highways  to  main- 
tain for  the  general  use  of  the  public  on  through  routes  of 
travel,  collects  but  thirty-six  dollars  on  the  distribution  of 
corporation  tax,  but  is  forced  to  contribute  five  hundred 
dollars  —  fourteen  times  what  it  receives  —  in  direct  state 
tax.  The  rich  and  prosperous  city  of  Springfield,  on  the 
contrary,  contributes  one  hundred  and  three  thousand  dol- 
lars in  direct  state  tax,  and  draws  out  of  the  state  treasury 
in  distribution  of  corporation  tax  over  one  hundred  and 
twenty  thousand  dollars. 

The  amount  thus  stripped  from  the  state  and  inequi- 
tably distributed  is  just  about  equal  to  what  wc  are  now 
forced  to  raise  by  direct  state  tax. 

Governor  after  governor  has  incurred  local  unpopularity 
in  favored  towns  and  cities,  by  calling  attention  to  this 
gross  injustice;  but  injustice  it  is,  and  for  the  third  time 
I  ask  for  its  correction.  Return  the  corporation  tax  to  the 
state,  and  lift  the  direct  state  tax  from  the  people. 

Our  state  revenues  are  now  assailed  by  the  national  gov- 
ernment as  well  as  by  the  local  governments.  My  radical 
difference  of  opinion  with  the  president  on  a  single  point 
will  not,  I  am  sure,  be  taken  by  him  or  by  you  for  anj- 
general  censure  of  a  national  administration  whose  clean- 
liness and  courage  will  be  better  appreciated  in  the  future 
than  it  is  in  the  present,  or  even  than  it  has  been  in  the 
past.  The  evil  that  the  president  is  honestly  seeking  to 
cure  is  tax  dodging  by  the  transfer  by  a  wealthy  citizen  of 
his  legal  though  not  his  actual  residence  from  one  state  to 
another. 

I  believe  that  evil  can  be  and  should  be  cured  by  state 
legislation,  and  that  uniformity  of  such  legislation  should 
be  one  of  the  topics  of  the  convention  of  governors  which 
the  president  has  wisely  called  for  next  ]\ray. 

I  should  be  false  to  my  duty  if  I  failed  to  call  to  your 


878  Governor's  Address. 

attention  the  attempt  to  transfer  the  taxation  of  inheri- 
tances from  the  separate  states  to  the  nation.  Such  taxa- 
tion is  the  legitimate  source  of  revenue  of  the  common- 
weallli.  At  tlie  recent  international  convention  of  experts 
in  Columbus,  national  taxation  of  inheritances  was  specifi- 
cally condemned  without  one  dissenting  vote.  If  such  a 
national  statute  is  even  constitutional,  it  should  especially 
be  resisted  at  a  time  when  its  operation  means  sim})ly  the 
taking  of  needed  revenue  from  the  several  states  to  swell 
the  gorged  condition  of  a  national  treasury  bursting  with 
a  surplus. 

At  the  recent  national  tax  convention  interstate  and  in- 
ternational comity  was  for  the  first  time  recognized.  I 
commend  all  the  resolutions  of  this  convention  to  your  at- 
tention, but  particularly  those  covering  double  taxation. 
It  is  unjust  that  property  existing,  for  example,  in  ISTew 
York,  should  be  by  succession  tax  taxed  once  in  Kew  York 
where  it  exists  and  again  in  Massachusetts  where  the  heir 
resides.  It  is  equally  unjust  that  property,  let  us  say 
mines  or  real  estate,  existing  in  the  United  States,  should 
be  taxed  once  in  the  country  where  it  is  and  again  abroad 
where  it  is  owned,  or  vice  versa.  I  trust  that  Massachusetts 
may  take  the  lead,  even  at  some  slight  sacrifice  to  her  own 
revenue,  if  need  be,  in  inaugurating  a  campaigii  for  inter- 
state and  international  comity;  a  campaign  against  the 
double,  sometimes  triple,  taxation  jwssible  under  present 
conditions ;  for  fair  play  to  every  man  all  around,  whether 
the  man  in  question  is  or  is  not  a  Massachusetts  citizen  or 
an  American  citizen. 

IMUTCICIPAL    GOVEEJ^MEIS'T. 

A  pressing  problem  of  the  day  is  niunici})al  government. 
Foreign  and  domestic  critics  of  American  governmental 
methods  iiave  united  in  condemnation  of  our  local  and  mu- 
nicipal methods.  Honorable  gentlemen  with  high  ideals 
elected  as  chic^fs  of  nuinicipal  goverinnents  have  found  their 
hands  so  ham])ered  not  in  one  city  but  in  many  that  they 
have  failed,  on  account  of  legal  restraints,  to  accomplish 
desired  reforms.  .Ml  over  the  nation  municipal  govern- 
ment is  particularly  the  subject  of  discussion  and  investi- 
gation.    Some  critics  in  their  despair  are  urging  the  com- 


Governor's  Address.  879 

plete  abandonment  of  the  principle  of  local  self-government. 
Such  abandonment  as  a  permanent  and  general  policy  I 
cannot  believe  to  be  wise.  If  the  people  cannot  be  trusted 
to  govern  themselves,  government  bv  the  people  is  a 
failure. 

I  urge  the  authorization  of  a  thorough  examination  by 
a  suitable  body  of  the  whole  question  of  municipal  govern- 
ment. 

This  body  of  men  should  consider  what  local  functions 
should  be  transferred  from  city  to  state;  how  the  average 
voter  in  municipalities  (uow  as  a  matter  of  fact  if  not  of 
law  freed  from  all  direct  taxation)  may  have  it  brought 
home  to  him  when  as  a  result  of  his  vote  extravagant  gov- 
ernment increases  local  burdens ;  the  adoption  of  a  uni- 
form system  of  accounts ;  the  possibility  of  a  uniform 
charter  for  general  adoption,  including  all  municipal  re- 
forms susceptible  of  general  application. 

Massachusetts  can  j^erform  no  greater  service  to  the 
nation  than  the  inauguration,  not  merely  in  individual 
instances  but  as  a  matter  of  general  policy,  of  a  new 
system  of  municipal  government  which  shall  make  exist- 
ing abuses  and  patchwork  finance  impossible  in  any  local 
government  in  the  commonwealth. 

Already  a  substantial  beginning  has  l^een  made  in  this 
respect  by  the  financial  statistics  now  being  collected  in 
accordance  with  chapter  290  of  the  acts  of  the  year  1906, 
and  to  be  presented  by  the  chief  of  the  bureau  of  statistics 
of  labor  in  a  form  which  will  permit  comparisons  to  be 
made  of  the  balance  sheets  of  the  354  municipalities  of  the 
commonwealth. 

A  body  of  men  eminently  suitable  for  this  work  already 
holds  the  high  esteem  of  the  people,  and  a  conspicuous 
o1)ject  lesson  for  the  practical  trial  of  the  new  reform  is 
offered  at  hand  and  to-day. 

The  one  city  needing  special  attention  is  the  capital  of 
the  commonwealth,  though  frankly  it  is  to  be  doubted 
whether  local  misgovernment  is  greater  or  even  as  great 
comparatively  in  this  city  as  in  some  of  the  smaller  mu- 
nicipalities. The  condition  of  Boston,  however,  under  the 
searchlight  of  the  finance  commission  notoriously  and  ad- 
mittedly reveals  unhappy  evidence  of  debt,  extravagance 
and  maladministration. 


880  GovERifOR's  Address. 

Extraordiiiai'v  conditions  demand  extraordinary  treat- 
ment. The  finance  connnission  was  not  appointed  by  the 
governor.  It  does  represent  the  great  bodies  most  vitally 
interested  in  good  government  in  this  city.  It  is  composed 
exclusively  of  citizens  of  Boston.  It  has  shown  that  it 
can  be  trusted  to  undertake  in  an  absolutely  non-partisan 
spirit  broad  principles  of  reform.  With  a  full  understand- 
ing of  the  departure  from  all  previous  precedents  which 
this  recommendation  involves,  I  urge  upon  you  that  the 
reorganization  of  the  municipal  government  of  Boston  be 
further  forwarded  by  the  immediate  passage  of  a  measure 
permitting  the  mayor  of  Boston,  with  the  approval  of  the 
iinance  commission,  to  reorganize  all  executive  departments 
of  the  city  government  of  Boston  and  to  fix  the  appropria- 
tions for  the  new  fiscal  year.  The  mayor  should  not  be 
permitted  to  act  without  the  approval  of  the  finance  com- 
mission, and  the  finance  commission's  recommendations 
should  be  subject  to  the  approval  of  the  mayor. 

The  experience  thus  gained  is,  I  believe,  not  merely 
necessary  to  take  the  municipal  government  of  Boston  out 
of  party  politics,  but  this  exj^eriment  for  one  year  would, 
I  believe,  be  of  the  highest  value  in  forming  a  complete 
scheme,  a  general  uplift  not  in  Boston  merely  but  through- 
out the  entire  commonwealth  of  Massachusetts,  of  methods 
of  local  government.  I  ask  that  this  finance  commission 
and  this  newly  elected  mayor  of  Boston  be  authorized  to 
join  in  leading  not  Massachusetts  merely  but  the  whole 
United  States  in  the  consideration  and  construction  of  a 
framework  for  municipal  government  on  broad  principles 
of  general  application. 

I  believe  these  men  are  worthy  of  the  trfist,  and  I  be- 
lieve that  in  this  needed  national  reform  Massachusetts 
and  Boston  should  lead. 

STATE    POLICE. 

liecent  legislation  giving  the  state  Ix^ard  of  health  super- 
vision over  sanitary  conditions  in  factories  has  apparently 
weakened  the  power  of  the  state  police  to  enforce  the  state 
building  laws.  I  urge  wpon  you  the  consideration  and 
revision  of  the  laws  governing  the  inspection  and  control 
of  buildings,  that  there  be  no  conflict  of  authority,  and 
that  the  public  safety  be  preserved. 


Goverxor's  Address.  881 


STATE    PKISOJN^. 

The  state  prison  of  Massachusetts  is  at  present  suffi- 
ciently large  to  meet  the  needs  of  the  criminals  there  con- 
fined. At  any  time,  however,  it  is  likely  to  become 
crowded.  I  resj'yectfully  suggest  that  attention  be  given  to 
the  utilization  of  the  splendid  institution  at  Concord  for 
the  purpose  for  which  it  was  originally  intended,  —  that 
is  to  say,  a  state  prison.  It  was  built  for  that  purpose, 
and  not  for  a  reformatory.  The  buildings  at  Concord 
will  easily  accommodate  a  much  larger  number  than  those 
at  present  confined  at  the  state  prison,  and  the  sale  of 
the  buildings  and  grounds  at  Charlestown  would  provide 
nearly  if  not  quite  sufficient  funds  for  the  building  of  a 
new  state  reformatory  on  modern  designs,  with  modern 
appliances,  larger  grounds,  and  in  more  appropriate  sur- 
roundings. 

TREAT.MENT    OF    THE    INSANE. 

Public  opinion  has  hitherto  been  directed  to  precautions 
against  the  incarceration  of  the  sane  in  public  institutions 
for  the  insane.  Only  by  recommendation  of  the  courts, 
backed  by  at  least  two  specialists,  can  a  person  be  com- 
mitted to  an  insane  asylum.  The  pressure  on  superin- 
tendents and  public  officials  for  the  release  of  the  de- 
mented, even  of  those  of  homicidal  tendencies,  is  constant 
and  powerful. 

It  is  extremely  difficult  to  commit  a  person  to  an  insane 
asylum.  Though  a  vote  of  a  board  of  trustees  is  legally 
necessary  to  secure  release  from  an  asylum,  the  only  actual 
safeguard  is  the  decision  of  any  one  superintendent.  Re- 
cent terrible  events  consequent  on  the  release  of  a  homi- 
cidal maniac  have,  I  hope,  sufficed  to  correct  maudlin  senti- 
mentality in  regard  to  the  discharge  from  custody  of  the 
insane.  The  law  to-day  requires  that  no  person  shall  be 
put  into  an  insane  asylum  without  the  joint  recommenda- 
tion of  two  s]3ecialists  in  insanity,  approved  by  a  court.  I 
ask  you  that  in  future  no  person  shall  be  loosed  on  the 
])ublic  from  an  insane  asylum  without  the  joint  recom- 
mendation of  two  specialists  in  insanity,  approved  by  the 
same  court  that  committed  him.  If  justice  to  the  indi- 
vidual demands  that  confinement  in  an  asylum  should  bo 


882  Govekxor's  Address. 

permitted  only  on  elaborately  detailed  proof  of  insanity, 
justice  to  the  community  demands  that  release  to  range  at 
large  should  only  be  permitted  on  an  absolutely  equiva- 
lent proof  of  recovery  and  sanity. 

TREATMEXT    OF    IXTEMPERxVNCE. 

During  the  year  it  has  become  necessary  completely  to 
reorganize  the  state  hospital  for  intemperates  at  Foxbor- . 
ough.  That  institution  is  a  somewhat  illogical  part  of  a 
wholly  illogical  system.  The  insane  and  the  intemperate 
should  never  be  confused  nor  treated  together,  as  they  are 
at  present.  A  new  board  of  trustees,  carefully  chosen  from 
experts  qualified  to  deal  with  the  problem  of  intem])erance, 
has  already  reorganized  this  hospital  as  far  as  it  can  be 
reorganized  under  the  present  statute. 

The  laws  governing  the  treatment  of  those  afflicted  with 
habits  of  intoxication  should  be  radically  changed.  At 
present  the  precise  treatment  of  intemperate  persons  is  de- 
termined, in  the  absence  of  any  law  of  classification,  by 
the  personal  opinion  of  the  different  judges.  Some  gen- 
eral classification,  based  among  other  things  on  the  age 
and  the  number  of  offences  of  the  ])erson  in  question, 
should  be  made.  The  institutions  of  Massachusetts  should 
be  graded  in  a  progressive  order  for  the  pro])er  care  and 
control  of  this  curse  at  different  stages  of  its  development. 
The  dissipated  boy  who  may  be  reclaimed  should  find  him- 
self side  by  side  neither  with  the  hoj^eless  sot  nor  with  the 
convicted  felon.  The  woman,  honest  and  free  from  all 
taint  but  the  appetite  for  drink,  should  not  share  the  con- 
finement of  the  prostitute  and  the  thief. 

It  is  wholly  illogical  to  support  a  hosjutal  for  the  cure 
of  the  drug  or  alcohol  habit  in  men,  and  to  provide  no 
similar  institution  for  the  cure  of  the  same  habits  in 
women.  Experience  has  shown  that  the  sexes  are  best 
treated  separately  and  in  distinct  institutions. 

Let  us  reorganize  the  laws  covering  the  public  offence  of 
drunkenness.  Let  us  systematize  the  institutions  where 
those  suffering  from  drunkenness  must  of  necessity  be  con- 
fined, but  let  Massachusetts  lead  the  way  in  the  recogni- 
tion that  this  offence  against  decent  living  is  not  so  much 
a  crime  that  must  be  punished  as  a  mania  that  must  be 
cured. 


Govekxopl's  Address.  883 


THE    PKOBATIO:??    SYSTEM. 

In  the  reorganization  of  the  code  of  Massachusetts  in 
connection  with  the  treatment  of  intemi3erance,  your  com- 
mittee on  judiciary  can  in  my  opinion  do  no  more  useful 
work  than  to  consider  the  need  of  an  extension  and  mod- 
ernization of  the  present  probation  system. 

The  merciful  character  of  our  laws  in  regard  to  putting 
cases  on  probation  has  encouraged  ingenious  young  crim- 
inals to  move  from  one  district  to  another,  that  if  detected 
they  may  seek  at  least  to  be  placed  on  probation  in  one 
court  after  another,  and  thus  escape  the  penalty  for  their 
misdeeds.  The  organization  of  regular  gangs  of  disorderly 
young  men  in  Boston  and  vicinity  is  believed  to  be  due  to 
this  fact. 

Every  judge  should  have  on  his  desk  at  all  times  a  cor- 
rected list  brought  do\^Ti  to  date  of  those  who  have  been 
dismissed  on  probation,  no  matter  where  their  offence  was 
committed.  Every  probation  officer  should  be  possessed  of 
a  similar  list.  Every  jDrobation  officer  should  be  obliged 
by  statute  to  furnish  some  central  office  a  daily  report  of 
names  and  offences  confided  to  his  suj^ervision,  and  of 
names  dismissed  from  such  suj^ervision  on  their  rehabili- 
tation as  law-abiding  members  of  society.  It  is  of  little 
use  to  maintain  an  expensive  police  force,  if,  in  the  ab- 
sence of  definite  information  as  to  previous  offences  in 
other  parts  of  the  commonwealth,  judges,  deceived  by  a 
plausible  tale  as  to  the  offence  that  has  caused  arrest,  con- 
tinue to  in\t  on  probation  habitual  offenders  against  tem- 
perance, law  and  order,  and  jx-tty  larcenv.  There  should 
be  a  central  clearing-house,  so  to  speak,  for  probation  offi- 
cers, under  the  control  of  the  courts,  to  which  detailed  in- 
formation should  be  given  and  from  which  information 
should  be  disseminated  alike  to  all  probation  officers  and  to 
all  courts. 

All  probation  officers  are  appointed  by  the  courts.  The 
commissioner  or  commissioners  in  charge  of  this  office 
should  be  appointed  by  the  supreme  judicial  court,  that  the 
Massachusetts  tradition  of  separating  the  judiciary  from 
any  hint  of  political  influence  may  be  maintained. 


884  Governor's  Address. 


JUDICIARY    REFORM. 

Last  year  I  had  the  honor  of  calling  the  attention  of 
the  general  court,  and  I  am  happy  to  say  effectively,  to  the 
need  of  reform  in  the  selection  of  juries.  The  laws  of  the 
conmionwealth  in  prescribing  maximum  and  miuimnm  sen- 
tences for  the  same  crime  leave  to  the  discretion  of  the 
individual  judgies  the  precise  penalty  to  be  suifered  by 
many  classes  of  criminals. 

Judges,  like  other  men,  diifer,  and  the  executive  power 
is  constantly  confronted  with  the  consideration  of  terms 
of  imprisonment  of  criminals  guilty  of  exactly  the  same 
oifences,  but  doomed  by  different  judges  to  very  different 
terms  of  imprisonment.  In  certain  of  the  lesser  courts 
this  inequality  is  being  corrected  by  constant  conferences 
of  the  members  of  the  local  bench.  This'  custom  cannot 
be  too  highly  commended.  I  recommend  that  the  chief 
justice  of  the  superior  court  be  authorized  at  his  discre- 
tion from  time  to  time  to  call  justices  of  the  commonwealth 
to  a  conference  on  such  matters  as  may  to  him  seem  fit, 
that  the  personal  equation  in  issuing  sentences  to  convicted 
criminals  may  as  far  as  possible  be  eliminated,  and  that, 
as  far  as  possible,  the  same  offence,  no  matter  Avhere  or 
before  whom  tried,  may  meet  with  the  same  penalty. 

Again,  recent  notable  trials  have  drawm  attention  to  the 
utter  unreliability  of  so-called  expert  testimony  as  at  pres- 
ent applied  in  our  courts.  Perjury  of  course  cannot  be 
alleged  in  a  matter  of  professional  opinion,  yet  it  is  no- 
torious that  professional  experts  of  api^arent  respectabilitv 
are  constantly  brought  forward  respectively  by  plaintiff 
and  defendant,  testifying  in  exact  opposition  to  each  other. 
The  present  system,  providing  merely  that  both  ])laintiff 
and  defendant  may  bring  forward  their  own  experts,  tends 
to  confuse  a  jury.  Protracted  cross-examination  and  pro- 
fessional controversy  on  the  witness  stand  between,  for  ex- 
ample, different  schools  of  medicine,  is  not  conducive  to 
securing  the  ends  of  justice. 

A  solution  of  the  difficulty  is  not  easy.  I  believe,  how- 
ever, the  evil  might  be  alleviated  if  not  absolutely  cured 
by  permitting  the  court  of  its  own  volition  to  appoint  dis- 
interested experts,  who  should  have  no  connection  with  the 
case  for  the  plaintiff  or  the  defendant,  or  with  such  experts 


GovERxoii's  Addkess.  885 

as  either  might  siunuion.  It  might  be  also  advisable  to 
permit  both  parties  to  a  suit  to  unite  in  an  application  to 
the  court  to  appoint  an  exjjert  or  experts  for  a  particular 
case,  agreeing  that  such  appointment  shall  l)e  the  exclusive 
source  of  expert  testimony  in  that  case. 

In  either  event,  reasonable  compensation,  to  be  deter- 
mined by  the  court,  should  be  paid  by  the  county  in  which 
the  case  is  tried. 

BUREAU    OF    STATISTICS    OF    LABOK. 

The  original  functions  of  the  bureau  of  statistics  of 
labor,  as  set  forth  in  the  act  creating  this  important  de- 
partment, —  the  lirst  of  the  kind  in  the  world,  —  nearly 
forty  years  ago,  have  been  gradually  expanded  by  succes- 
sive legislative  enactments.  I  recommend  a  coditication  of 
the  numerous  acts,  defining  its  duties,  and  that  considera- 
tion be  given  as  to  whether  its  held  of  usefulness  in 
promoting  the  welfare  of  our  people  and  the  industrial 
prosperity  of  the  commonwealth  may  not  be  still  further 
extended. 

CHILD    LABOR. 

The  last  legislature  prohibited  night  work  in  factories 
for  women  and  children.  I  ask  you  to  consider  the  adop- 
tion of  the  eight-hour  day  for  all  children  under  sixteen 
years  of  age.  I  also  ask  of  you  that  not  merely  a  certifi- 
cate of  age  but  a  medical  certificate  of  health  shall  be  re- 
quired before  any  minor  is  set  at  work  at  any  occupation. 
The  epileptic  boy  must  be  kept  from  the  elevator.  The 
tuberculous  child  must  be  kept  from  the  emery  wheel  and 
the  cotton  card.  The  child  with  spinal  weakness  must  be 
kept  from  emplo^'ment  where  the  backless  bench  or  the 
wooden  chair  create  a  cripple,  not  a  citizen. 

SCHOOLS    AXD    EDUCATION. 

In  lOOG  Massachusetts  became  the  pioneer  state  in  de- 
manding that  all  her  cities  and  towns  should  enforce  medi- 
cal inspection  of  school  children.  An  amendment  to  the 
bill,  introduced  in  the  last  stage,  has  made  it  possible  for 
some  towns  to  evade  the  general  law  which  most  of  the 
cities  and  towns  of  Massachusetts  have  gladly  accepted. 


886  Goveexor's  Addkess. 

In  order  that  every  child  in  the  public  schools  in  every 
towai  should  share  the  benefits  of  medical  inspection,  it  is 
necessary  that  chapter  502  of  the  acts  of  the  year  1906 
shonld  be  amended  by  striking  out  those  words  in  the 
seventh  section  of  the  law  which  limit  expenditures  for 
medical  inspection  to  specific  appropriations  for  that  par- 
ticular purpose.  Healthy  childhood  means  healthy  citizen- 
ship, and  no  town  can  afford  to  practise  false  economy  at 
the  expense  of  the  health  if  not  of  the  lives  of  its  school 
children. 

Under  the  administration  of  governor  Douglas  the  com- 
monwealth inaugurated  a  plan  of  industrial  education 
which  means  much  for  the  future  development  of  the  in- 
dustries of  this  state,  and  which  I  have  earnestly  en- 
deavored to  forward.  The  state  board  of  education  has 
since  planned  for  partial  training  in  the  mechanical  and 
agricultural  pursuits  in  connection  with  the  ordinary  high 
schools  of  the  commonwealth.  This  plan  traverses  to  a 
certain  extent  the  scheme  for  industrial  education  involved 
in  the  a])]X)intment  of  the  state  commission  dealing  exclu- 
sively with  industrial  education. 

Legislation  is  necessary  that  there  may  be  no  further 
conflict  of  authority.  The  commission  on  industrial  edu- 
cation will  pass  out  of  existence  a  year  hence  unless  leg- 
islation making  it  a  }>ermanent  body  is  enacted.  Mere 
manual  training  in  connection  with  the  public  schools  is 
valuable  in  directing  the  interest  of  the  child  toward  its 
life  work.  It  cannot  fully  fit  him  for  that  work.  If  it  is 
desired  that  thorough  and  high-grade  instruction  in  tech- 
nical training  shall  supplement  the  ordinary  school  in- 
struction of  the  commonwealth,  it  will  be  necessary  to  put 
the  connnission  on  industrial  education  on  a  permanent 
basis,  and  to  give  it  charge  of  special  technical  schools  for 
thorough  and  complete  instruction. 

The  present  condition  is  one  of  constant  confusion  of 
authority  between  the  state  board  of  education  and  the 
commission  on  industrial  education,  and  is  not  only  illogi- 
cal and  indefinite,  but  is  actually  checking  the  extension 
of  instruction  along  these  lines. 


Goveknor's  Address.  887 


t  STATE    A^^D    XATIO^'AL    DEFENCE. 

During  the  year  the  Massachusetts  volunteer  militia  has 
been,  in  accordance  with  the  statute  of  1907,  brought  into 
close  conformity  with  the  national  establishment.  The 
attorney-general  and  the  judge-advocate  general  have  seen 
to  it  that  the  reorganization  traversed  no  provision  of  the 
constitution.  Both  the  naval  militia,  as  the  sea  forces  of 
the  commonwealth  are  now  termed,  and  the  national  guard, 
as  the  land  forces  are  now  termed,  have  won  high  official 
encomium.  In  marksmanship,  whether  by  rifle  or  cannon, 
Massachusetts  leads  the  union.  It  has  further  been  dem- 
onstrated that  a  United  States  cruiser  in  poor  repair  can 
be  taken  to  sea,  cleaned,  put  in  order,  taken  up  and  down 
the  Atlantic  seaboard  and  returned  to  the  national  authori- 
ties at  the  end  of  two  months  in  tetter  condition  than  when 
she  left  the  navy  yard,  without  the  help  of  one  officer  or 
man,  commander,  engineer,  electrician,  navigator,  do"\^Ti  to 
the  last  man  in  the  stokehole,  — •  who  was  not  a  member 
of  the  Massachusetts  naval  brigade.  I^ot  only  our  sailors 
but  our  infantry  and  coast  artillery  have  shared  in  the 
manoeuvres  of  the  men,  and  indeed  in  the  case  of  the 
eighth  regiment  of  infantry  at  West  Point,  in  the  work  of 
the  officers  of  the  regular  forces.  The  reports  to  the  mili- 
tary and  naval  authorities  at  Washington  show  that  the 
soldiers  and  sailors  of  Massachusetts  need  not  fear  com- 
parison even  with  the  regular  army  and  navy.  The  cav- 
alry, which  has  until  recently  lagged  behind  the  other 
arms  of  the  service,  has  received  a  notable  upward  impulse. 
Xew  special  regimental  devices,  making  all  uniforms  more 
attractive,  are  expected  to  aid  in  recruiting.  The  need  of 
better  opportunities  for  land  and  sea  manoeuvres  will  be 
laid  before  you  by  the  retiring  adjutant  general,  and  I 
trust  may  receive  your  support.  It  is  due  to  the  retiring 
chief  of  staff  to  say  that  in  no  one  year  in  the  history 
of  the  commonwealth  have  such  wide-reaching  reforms 
been  accomplished  in  the  Massachusetts  volunteer  militia. 
ISTever  has  the  work  of  a  Massachusetts  officer  called  forth 
from  impartial  professional  critics,  alike  in  army  and 
na^y,  such  high  praise  as  has  the  administration  of  the 
adjutant  general's  department  by  major  general  James  P. 
Parker,  retired. 


888  Goverxor's  Address. 


THE    FLAG    OF    MASSACHUSETTS.  • 

The  white  flag  of  Massachusetts,  the  emblem  of  the 
coimnonwealth,  lloats  above  a  state  house  where  one  law 
after  another  has  been  framed  that  has  been  copied  or 
inutated  later  by  other  states  or  by  the  nation.  Side  by 
side  with  the  national  colors  the  stainless  flag  of  the  Bay 
State,  with  the  Indian  and  the  pine  tree,  has  stood  in  the 
forefront  of  the  battle  line,  and  the  eyes  of  the  dying- 
Massachusetts  volunteer  have  lighted  at  the  sight  before 
they  closed.  The  seal  of  the  comnijon wealth  is  established 
by  statute.  The  flag,  its  ancient  emblems  dating  back  to 
the  foundation  of  the  original  colony,  exists  only  as  the 
result  of  executive  orders,  dependent  alone  on  the  com- 
mander-in-chief. 

I  ask  you  that  the  flag  as  it  at  present  exists  be  preserved 
forever  by  statute,  that  it  may  never  be  changed  by  the 
whim  of  a  governor,  as  it  now  at  any  time  may  be,  but 
only  by  permission  of  the  people,  through  their  representa- 
tives. 

I  further  ask  you  that  in  future  every  public  armory, 
arsenal,  hospital,  every  institution  of  Massachusetts,  be 
ordered  to  fly  the  white  flag  of  the  commonwealth,  that  the 
emblem  may  remind  every  state  official  of  his  responsi- 
bility; that  it  may  inspire  those  who  work  beneath  its  folds 
to  uphold  our  ancient  traditions  and  ideals ;  that  the  pass- 
ing traveller,  attracted  by  the  sight,  may  understand  that 
not  only  the  soldier,  but  the  igiiorant,  the  unfortunate,  the 
diseased,  the  afflicted  have  uo  truer  friends  on  earth  than 
the  people  of  the  commonwealth  of  ^Massachusetts. 

Senators  and  RejTt'esentatives :  —  Let  us  be  true  to  our 
task.  The  miner,  the  assayer,  the  smelter,  all  the  workers 
who  take  gold  from  the  ground  that  it  may  be  added  to 
the  coinage  of  the  world,  do  not  concern  themselves  with 
the  kind  of  national  stamp  which  is  later  to  be  put  upon 
the  product  of  their  labor.  It  is  their  business  to  produce 
pure  gold  that  will  ring  true,  no  matter  what  nation's 
stamp  it  may  bear. 

Let  us  be  true  ti)  our  task.  Debates  in  this  historic 
building  on  this  or  that  policy  that  ought  to  be  pursued  by 


Goverxoe's  Address.  889 

our  o^\^l  or  by  foreign  nations  have  not  been  of  particnlar 
valne  to  the  United  States  or  to  the  world,  but  legislation 
enacted  here  honestly  and  sincerely  for  Massachusetts  has 
been  the  basis  for  legislation  not  only  in  other  states,  not 
only  in  the  United  States,  but  in  other  nations.  It  is  our 
duty,  our  only  duty,  to  produce  good  legislation  for  ^las- 
sachusetts.  If  we  do  produce  such  legislation,  we  may 
find,  as  our  predecessors  have  found,  that  in  doing  good 
work  for  Massachusetts  we  help  not  only  in  the  nation's 
work  but  in  the  world's  work. 

This  year  at  Provincetown  and  at  Gloucester,  town,  com- 
monwealth and  nation  have  connnemorated  the  founders  of 
Xew  England.  Our  institutions  are  founded  on  the  rock 
of  their  ideals ;  the  construction  must  be  our  own.  Xot 
the  blood  of  the  Pilgrims  only,  —  Hollander,  Scottish, 
Irish  and  Venetian  blood  ran  in  the  veins  of  those  who 
at  Provincetown  extolled  the  Anglo-Saxon  origin  of  this 
commonwealth.  In  one  sense  Boston  is  no  longer  a  Puri- 
tan capital.  In  one  sense  Massachusetts  is  no  longer  a 
Puritan  commonwealth. 

It  is  a  proof  of  the  nobility  of  a  nation  that  its  jjrinci- 
ples  should  attract  the  support  of  the  active,  the  able,  the 
aspiring,  auiong  all  the  complaining  millions  of  men.  The 
Ca?sar  who  stretched  the  Poman  Empire's  borders  to  their 
farthest  limit  was  not  born  in  Home.  Was  Trajan  less  a 
Roman  because  he  was  born  in  Spain  ?  The  victorious 
sailor  who  gave  the  flag  of  the  United  States  a  meaning 
among  the  navies  of  the  world  was  not  born  in  America, 
Was  Paul  Jones  less  an  American  because  he  was  born  in 
Scotland '(  The  greatest  soldier  that  ever  led  a  French 
army  to  victory  was  not  born  in  France.  Was  jSTapoleon 
less  a  Frenchnum  because  he  w^as  born  in  Corsica  ?  The 
prime  minister  who  set  the  cro^^^l  of  the  Indian  Empire 
u]ion  the  head  of  an  English  queen  was  of  that  tragic  race 
without  a  country.  Was  Disraeli  less  an  Englishman  be- 
cause he  was  born  a  Jew  ? 

So  we,  Puritan  in  origin,  are  no  longer  Puritan  alone. 
Xor  is  this  Massachusetts  of  ours  unworthy  the  Massachu- 
setts of  Andrew  and  Sumner,  of  Hancock  and  Adams,  of 
Endicott  and  Winthrop. 

There  was  a  time  when  the  best  brains  of  ]\Iassachu- 
setts  strained  to  the  task  of  escaping  the  laws  that  Parlia- 


890  Goverxok's  Address. 

mont  made  for  us.  To-day  Harvard  alumni  with  ]\[assa- 
cliiisetts  training  sit  at  Westminster  to  make  laws  for  Eng- 
land. Our  ancestors  knew  China  but  as  the  mysterious 
country  which  the  English  poet  coujiled  with  Peru  as  the 
two  ojiposite  limits  of  the  earth.  Within  our  ow^n  genera- 
tion we  have  seen  a  soldier  from  Salem  at  the  head  of  a 
Chinese  army  save  China  from  anarchy  for  law  and  order. 
Every  visitor  to  our  executive  chamber  passes  the  pictured 
figure  of  the  Cambridge  diplomat  who  made  a  place  for 
China  at  the  council  table  of  the  nations. 

A  half  dozen  desperate  sailors  fling  forth  their  lives  to 
the  risk  of  drowning  and  explosion  with  Hobson  at  San- 
tiago.    One  of  them  is  a  boy  from  Lowell. 

Cuba  and  the  Philippines  bring  upon  the  United  States 
new  and  untried  responsibilities.  The  only  man  who  in 
both  West  Indies  and  East  Indies  is  a  success  in  the  field, 
in  diplomacy,  in  civil  government,  is  a  Massachusetts  sol- 
dier. 

The  Vatican  seeks  a  pioneer  to  transact  the  important 
and  delicate  mission  of  establishing  necessary  privileges  at 
Tokio.  Among  the  prelates  of  the  world  the  ablest  and 
the  fittest  for  the  task  is  found  to  be  a  Massachusetts 
clergyman. 

The  most  venerable  association  of  scholars  in  France 
after  a  seclusion  of  centuries  seek  light  for  the  first  time 
on  the  development  of  the  language  and  letters  which  be- 
long to  us  as  well  as  to  the  birthplace  of  Chaucer  and 
Shakespeare.  The  authority  they  welcome  is  the  Massa- 
chusetts historian  of  American  literature. 

Czar  and  Mikado  seek  to  end  a  contest  by  land  and  sea 
that  shakes  the  world.  The  messenger  of  peace  is  a 
speaker  of  the  Massachusetts  house  of  representatives. 

Shall  we  concern  ourselves  wnth  the  place  from  wdiich 
the  ancestors  of  these  men  came,  w^hether  the  blood  of  their 
forefathers  was  English  or  Irish  or  French  or  Hollander 
or  German  ?  As  well  claim  Abraham  Lincoln  as  merely 
of  Massachusetts  because  his  ancestors  came  from  Iling- 
ham. 

Let  us  rejoice  at  the  high  example  of  those  Avho  have 
gone  before  us,  but  let  us  exult  that  to-day  the  men  of 
Massachusetts,  men  of  our  own  new  and  splendid  race, 
the  American  race,  not  only  uphold  the  best  ideals  and 


Governor's  Address.  891 

lofty  purpose  of  the  Puritan  commonwealth  of  Massachu- 
setts, but  are  extending  the  name,  the  influence,  the  honor 
of  the  American  commonwealth  of  Massachusetts  to  spheres 
beyond  the  Pilgrim's  wildest  dream,  to  lands  where  even 
the  name  of  the  Puritan  is  unknown. 

Let  us  strive  to  be  worthy  the  ideals  of  our  forefathers 
in  past  centuries.  Let  us  be  not  less  worthy  the  achieve- 
ments of  our  brothers  of  to-day. 


SPECIAL    MESSAGES. 


THE    FOLLOWING    yPECL\L  COMMUNICATIONS  WERE    MADE   BY 

HIS    EXCELLENCY    THE    GOVERNOR    TO    THE    GENERAL 

COURT    DURING    THE    ANNUAL    SESSION. 

[To  the  honorable  senate  and  house  of  representatives,  January  6,  1908.] 

I  have  the  honor  to  present  herewith,  in  compliance  with 
chapter  50  of  the  resolves  of  18 GO,  a  report  of  the  thirty- 
nine  pardons  issued  by  the  governor,  with  the  advice  of 
the  council,  during  the  year  of  my  administration  just 
closed. 

Of  the  number  thus  released,  fifteen  were  in  the  state 
])rison,  two  in  houses  of  correction,  sixteen  in  the  Massa- 
chusetts reformatory,  five  in  the  reformatory  prison  for 
women,  and  one  in  the  asylum  for  insane  criminals.  Dan- 
gerous illness  was  the  controlling  reason  for  the  discharge 
of  four. 

CUKTIS  GUILD,  Jr.. 

]^o.  1.  Horace  C.  Van  Denbergii.  Convicted  of  Pardons, 
perjury,  Superior  Court,  Essex  county,  Jan.  24,  1002. 
Sentenced  to  state  prison  for  from  five  to  ten  years.  Par- 
doned Jan.  9,  1907,  upon  the  recommendation  of  the  dis- 
trict attorney  and  the  deputy  chief  of  the  district  police. 
He  had  but  fifteen  days  more  to  serve,  and  had  a  perfect 
prison  record.  He  had  been  a  professional  man  of  great 
skill  in  chemistry  and  medicine,  of  which  Ijranches  he  had 
been  a  successful  teacher.  It  was  believed  that  the  fact  of 
a  pardon  would  be  of  great  assistance  t(j  him  in  his  attempt 
to  regain  usefulness. 

]^o.  2.  Archie  Herard.  Convicted  of  dnmkenness, 
Fourth  District  Court  of  Bristol,  Xov.  3,  1006.  Sen- 
tenced to  the  Massachusetts  reformatory  on  an  indeter- 
minate sentence.     Pardoned  Feb.  27,  1007,  upon  the  rec- 


894  Special  Messages. 

Pardona  ommenclation  of  the  justice  who  imposed  the  sentence  and 

the  prohation  othcer  of  Bristol  county.  Ilerard's  family 
consisted  of  his  wife  and  two  children,  who  were  in  the 
poorhonse  in  Xorth  Attleborongh.  He  conld  earn  good 
wages  at  his  trade  as  jeweller.  It  was  believed  that  he 
had  been  sufficiently  punished,  and  would  hereafter  lead 
a  sober  and  industrious  life. 

jSTo.  3.  EicirARD  A.  MuEPiiY.  Convicted  of  larceny, 
Su|->erior  Court,  Suffolk  county,  June  term,  1904.  Sen- 
tenced to  the  state  prison  for  from  three  to  four  years. 
Pardoned  ^Marcli  15,  1007,  upon  the  recommendation  of  the 
district  attorney.  The  prisoner's  home  was  in  Xew  Bruns- 
wick. His  wife  and  only  child  were  seriously  ill.  As  he 
had  less  than  three  months  of  his  sentence  remaining  un- 
served, as  this  was  his  first  offence,  and  as  his  conduct 
record  was  perfect,  it  was  believed  that  the  ends  of  justice 
had  been  served,  and  he  was  accordingly  released  to  care 
for  his  wife  and  child. 

ISTo.  4.  Xazarie  Aebour.  Convicted  of  lewd  and  las- 
civious cohabitation,  Superior  Court,  Essex  county,  Sept. 
20,  1905.  Sentenced  to  the  house  of  correction  for  three 
years.  Pardoned  March  20,  1907,  upon  the  recommenda- 
tion of  the  district  attorney.  The  justice  who  imposed  the 
sentence  exceeded  his  authority  in  imposing  a  sentence  of 
three  years,  as  the  maximum  sentence  for  that  offence  is 
two  years.  He  had  practically  served  a  sentence  of  two 
years,  and,  as  his  prison  conduct  was  perfect,  he  was  eli- 
gible for  release  if  the  sentence  for  two  years  had  been 
imposed. 

Xo.  5.  Sabie  Singleton.  Convicted  of  assault,  etc., 
Superior  Court,  Bristol  county,  June  11,  1003.  Sentenced 
to  state  prison  for  from  four  to  five  years.  Pardoned  April 
17,  1907,  as  an  act  of  executive  clemency.  Singleton 
worked  as  a  waiter  in  a  cafe.  His  reputation  was  good. 
Through  petty  jealousy  he  got  into  a  dispute  with  another 
waiter  named  Blakey,  and  struck  him.  Other  waiters  at- 
tempted to  seize  Singleton,  when  he  drew  a  revolver.  In 
the  struggle  the  pistol  was  discharged  once,  the  ball  enter- 
ing  Blakey's   leg,    causing   a    slight    wound,    which    soon 


Special  Messages.  895 

healed.  Singleton  then  gave  up  the  revolver,  and  sub-  Pardons, 
mitted  quietly  to  arrest,  lie  claimed  during  the  trial  that 
he  acted  in  self-defence.  He  was  convicted  and  sentenced 
as  above  stated.  During  his  imprisonment  he  had  main- 
tained a  perfect  conduct  record.  The  sentence  seemed  a 
severe  one  for  the  ott'ence  committed. 

Xo.  6.  Peter  F.  Kixg.  Convicted  of  murder,  Su- 
j)erior  Court,  Worcester  county,  Oct.  26,  180U.  Sentenced 
to  the  asylum  for  insane  criminals  for  life.  Pardoned 
xipril  24,  1907.  The  secretary  of  the  state  Iward  of  in- 
sanity, after  careful  investigation,  made  the  following  re- 
j)ort :  — 

It  appears  from  the  asyhmi  records  that  King  was  suffering 
from  an  attack  of  acute  alcoholic  insanity,  with  hallucinations  of 
sight  and  hearing,  on  Sept.  12,  1899,  when,  in  obedience  to  the 
commands  of  the  imaginary  voices,  he  assaulted  and  killed  his 
father  and  mother;  that  his  insanity  continued  for  several  weeks 
thereafter,  but  had  entirely  disappeared  before  his  admission  to 
the  asylum  on  Oct.  28,  1S99,  when  the  examination  of  the  asylum 
physicians  failed  to  discover  any  mental  sj-mptoms  indicating 
insanity;  that  during  his  asylum  residence  of  nearly  seven  and 
one  half  years  he  has  manifested  no  such  mental  symptoms,  and 
has  been  a  reasonable,  tractable  and  industrious  patient.  He  has 
no  known  insane  heredity;  no  evidence  of  insanity  can  now  be 
detected.  His  asylum  record  and  the  testimony  of  Dr.  Charles 
A.  Drew,  the  medical  director,  and  Dr.  Alfred  Elliott,  his  assist- 
ant, show  that  there  has  been  no  insanity  during  his  asylum 
residence  of  about  seven  and  one  half  years.  The  question  to 
be  decided  is,  whether  he  "  may  be  discharged  without  danger  to 
others."  In  his  present  mental  condition  he  is  entirely  inoffensive 
and  harmless.  He  seems  to  realize  the  serious  consecjuences  which 
have  resulted  from  his  inebriety  in  the  past,  and  without  sugges- 
tion declared  that  he  would  not  again  use  liquor.  His  liability 
to  relapse  would  not  be  materially  affected  by  a  longer  detention 
in  the  asylum,  in  my  opinion.  Such  liability  would  be  minimized 
if  he  should  go  away  from  his  old  companions  to  new  suiTound- 
ings,  into  a  good  home,  with  friends  interested  to  safeguard  him 
against  the  resumption  of  drinking  habits. 

He  was  pardoned  and  removed  to  a  western  state,  where 
he  could  live  and  be  cared  for  by  a  brother  who  was 
anxious  to  give  him  a  home  in  his  family,  look  after  him, 
and  furnish  him  with  employment. 

Xo.  7.  Ta:mes  IMcGorcir.  Convicted  of  rape,  Superior 
Court,  Suffolk  county,  Sept.  19,  189S.     Sentenced  to  state 


896  Special  Messages. 

Pardons.  prison  foi'  froiii  twelve  to  fifteen  years.     Pardoned  j\Iay  1, 

11)07,  There  were  grave  donbts  regarding  the  guilt  of 
McGouch.  The  pardon  committee,  after  a  very  careful 
investigation  of  this  case,  were  satisfied  that  he  was  guilty 
of  a  less  serious  offence  than  that  for  which  he  was  sen- 
tenced, and  that  the  punishment  already  meted  out  to  him 
was  sufficient  to  satisfy  the  demands  of  justice. 

No.  8.  Joseph  S.  Hunt.  Convicted  of  larcen\'.  Cen- 
tral District  Court  of  Worcester,  March  21,  1U07.  Com- 
mitted in  default  of  payment  of  fine  of  $100.  Pardoned 
May  2,  1907,  upon  the  recommendation  of  judge  Utley, 
who  imposed  the  sentence,  on  account  of  facts  having  been 
brought  to  his  attention  that  it  was  a  case  of  extortion,  and 
that  the  prisoner  "  should  be  discharged  as  in  the  interest 
of  public  justice  under  the  circumstances." 

Xo.  9.  Louis  Equi.  Convicted  of  larceny.  Third  Dis- 
trict Court  of  Bristol,  Jan.  16,  1907.  Sentenced  to  Mas- 
sachusetts reformatory  on  an  indeterminate  sentence.  Par- 
doned May  29,  1907,  upon  the  recommendation  of  the 
reformatory  physician,  who  reported  that  Equi,  aged  eight- 
een, was  suffering  with  valvular  disease  of  the  heart,  with 
no  possible  hope  of  recovery. 

No.  10.  Frank  E.  Stevens.  Convicted  of  breaking 
and  entering,  Superior  Court,  Suffolk  county,  Feb.  27, 
1907.  Sentenced  to  the  Massachusetts  reformatory  on  an 
indeterminate  sentence.  Pardoned  May  29,  1907.  Stevens 
committed  the  crime  when  in  a  dazed  condition,  caused 
from  the  effects  of  a  gunshot  wound  in  the  head  received 
in  the  Philippines  while  he  was  serving  in  the  United 
States  army,  and  where  he  was  promoted  for  bravery.  He 
was  a  man  who  had  been  always  highly  respected.  He 
broke  into  an  office  building  on  Congress  street  and  ran- 
sacked some  desks,  but  made  no  attempt  to  carry  anything 
away,  and  waited  ]>atiently  while  the  watclnuau  called  the 
officer  who  made  the  arrest. 

Xo.  11.  Fka.xk  llocJAX.  Couvicted  of  being  a  stub- 
born child.  Third  District  Court  of  Worcester,  May  1, 
1907.     Sentenced  to  the  ]\rassachusetts  reformatorv  on  an 


Special  Messages.  897 

indeterminate  sentence.  Pardoned  June  20,  1907,  upon  Pardons, 
the  recommendation  of  the  boy's  father  and  mother,  who 
made  the  complaint,  the  justice  who  imposed  the  sentence, 
the  probation  officer  and  the  selectmen  of  Milford.  The 
parents  decided  to  take  their  boy,  who  was  seventeen  years 
old,  to  Vancouver,  B.  C,  where  he  would  make  his  future 
home  with  his  grandfather  and  uncle,  and  be  under  their 
care  and  discipline. 

No.  12.  Sadie  Belson.  Convicted  of  being  a  stubborn 
child,  Municipal  Court,  Roxbury,  March  30,  1907.  Sen- 
tenced to  the  reformatory  prison  for  women  on  an  inde- 
terminate sentence.  Pardoned  July  5,  1907,  upon  the  re- 
quest of  the  parents  of  the  girl,  who  made  the  complaint. 
It  was  believed  that  the  punishment  she  had  already  re- 
ceived had  had  the  effect  to  break  her  stubbornness,  and 
cause  her  to  fully  repent  and  be  a  good  and  obedient  child. 

No.  13.  Ida  Rondeau.  Convicted  of  being  a  stubborn 
child,  Central  District  Court  of  Worcester,  Jan.  8,  1907. 
Sentenced  to  the  reformatory  prison  for  women  on  an  inde- 
terminate sentence.  Pardoned  July  5,  1907,  upon  the 
petition  of  her  father,  who  made  the  complaint,  and  who 
was  very  desirous  of  taking  her  home,  he  having  gone  to 
housekeeping  in  Worcester.  The  girl  had  fits,  and  there 
was  a  family  history  of  epilepsy. 

No.  14.  Mary  J.  Nixon.  Convicted  of  abandoning 
her  child.  Police  Court  of  Newton,  Jan.  19,  1907.  Sen- 
tenced to  the  reformatory  prison  for  Avomen  on  an  inde- 
terminate sentence.  Pardoned  July  5,  1907,  upon  the 
recommendation  of  the  chief  of  police  and  prominent  citi- 
zens of  Newton,  where  the  crime  was  committed.  It  was 
believed  that  the  crime  was  not  committed  with  any  vicious 
or  criminal  intent,  but  was  done  in  ignorance  and  in  a 
desperate  state  of  mind  and  a  weak  condition  of  health. 
The  day  that  her  child  was  born  she  left  it  on  the  doorstep 
of  the  man  she  accused  of  being  the  father,  because,  as 
she  stated,  she  thought  it  belonged  there,  as  he  had  not 
assisted  her  in  any  way.  Rollins,  the  father  of  the  child, 
was  brought  before  the  court  on  the  charge  of  bastardy, 
to  which  he  pleaded  guilty.     It  seems  that  the  woman  had 


898  Special  Messages. 


Pardons. 


been  deserted  by  her  husband  several  weeks  previous,  and 
she  had  since  supported  herself  and  three  chihlren  by  wash- 
ing. So  far  as  known,  she  had  never  been  arrested  l^eforc, 
and  the  chief  of  police  stated  that  ^'  she  was  temperate, 
honest  and  hard  working,  but  ignorant,  and  did  not  seem 
to  realize  that  she  had  done  anything  wrong  in  abandon- 
ing her  child,"  It  was  believed  that  the  ends  of  justice 
had  been  already  served. 

No.  15.  Jerry  Morris.  Convicted  of  being  a  stub- 
born child,  Nov.  17,  1906,  Central  District  Court  of 
Worcester.  Sentenced  to  the  Massachusetts  reformatory 
on  an  indeterminate  sentence.  Pardoned  July  5,  1907. 
His  mother  made  the  complaint  against  him,  but  was 
anxious  for  his  release,  as  she  needed  his  support.  He  had 
no  previous  court  record.  The  punishment  already  served 
was  considered  sufficient. 

No.  16.  AsAD  Ibrahim.  Convicted  of  manslaughter, 
Superior  Court,  Worcester  county,  May  27,  1903.  Sen- 
tenced to  state  prison  for  from  seven  to  eight  years.  Par- 
doned July  5,  1907,  upon  the  recommendation  of  the 
district  attorney.  The  defendant  was  indicted  with  his 
brother  and  two  other  Armenians  for  murder,  in  the  sec- 
ond degree,  of  another  Turk.  Five  of  them  lived  together 
in  Xorthbridge,  where  one  was  stabbed  with  a  knife. 
Ibrahim  was  found  guilty  of  manslaughter.  There  was 
some  doubt  at  the  trial  as  to  whether  the  wound  was  not 
self-inflicted  ;  there  was  also  some  doubt  as  to  who  inflicted 
the  wound,  if  it  was  not  self-inflicted.  The  defendant  had 
served  somewhat  over  four  years.  It  appeared  a  pro]X'r 
case  for  executive  clemency,  particularly  in  view  of  the 
fact  that  a  brother  of  the  defendant  was  ready  to  take  him 
personally  to  Harpoot,  in  Turkey,  his  home.  He  was  ac- 
cordingly pardoned,  and  sailed  immediately  for  Turkey. 

No.  17.  John  P.  Brown.  Convicted  of  incest,  Su- 
perior Court,  Hampden  county,  Se])t.  5,  1904.  Sentenced 
to  state  prison  for  from  four  to  five  years.  Pardoned  July 
5,  1907,  upon  the  recommendation  of  the  district  attorney. 
Evidence  at  the  trial  consisted  largely  of  the  testimony  of 
the  daughter,  on  whom  the  offence  was  alleged  to  have  been 


Special  Messages.  899 

committed.  The  corroboration  of  the  girl's  testimony  was  Pardons, 
exceedingly  light.  She  was  a  weak-minded  girl,  and  the 
testimony  given  by  her  in  some  respects  was  exceedingly 
improbable.  There  is  no  evidence  of  any  record  against 
him,  and  no  one  was  able  to  learn  that  anything  conld  be 
said  against  the  man,  aside  from  this  charge.  The  wife 
of  the  defendant  and  the  son  (a  young  man  of  perhaps 
twenty  years  of  age)  both  testified  in  his  behalf.  The  de- 
fendant, his  wife  and  son  all  testified  that  the  father  had 
at  one  time  corrected  the  weak-minded  daughter  for  being 
out  nights  with  certain  young  men,  and  the  daughter,  who, 
they  said,  had  a  violent  temper,  stated  that  she  would  get 
even  with  her  father.  The  district  attorney  stated :  "  The 
wife  of  the  prisoner  firmly  believed  that  he  was  innocent. 
I  feel  free  to  say  that  I  have  always  entertained  doubt  as; 
to  the  guilt  of  the  defendant." 

jSTo.  18.  Charles  A.  Hableston.  Convicted  of  lar- 
ceny, Superior  Court,  Suffolk  county.  May  20,  1907. 
Sentenced  to  the  Massachusetts  reformatory  on  an  indeter- 
minate sentence.  Pardoned  July  24,  1907,  upon  the 
recommendation  of  the  prison  physician.  The  prisoner  was 
suffering  from  pulmonary  tuberculosis,  with  no  hope  of 
recovery.  He  was  released  to  go  to  his  home  in  Charles- 
ton, s.'c. 

No.  19.  Dennis  F.  Blake.  Convicted  of  larceny,  Sec- 
ond District  Court  of  Eastern  Middlesex,  Jan.  4,  1907. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  July  30,  1907.  So  far  as 
known,  he  had  no  previous  criminal  record.  His  conduct 
in  the  reformatory  had. been  perfect.  The  wife  and  child 
of  the  prisoner  were  seriously  ill  with  consumption,  and 
required  the  husband's  and  father's  care.  Blake  had  em- 
ployment awaiting  him,  and  it  was  believed  that  the  lives 
of  his  family  would  be  prolonged  if  he  were  immediately 
released. 

jN^o.  20.  Harry  J.  Lucas.  Convicted  of  perjury,  Su- 
perior Court,  Suffolk  county,  July  15,  1904.  Sentenced 
to  state  prison  for  from  eight  to  ten  years.  Pardoned  July 
30,  1907,  upon  the  recommendation  of  prominent  citizens 


900  Special  Messages. 

Pardons.  wlio  wcrc  coiiversaiit  with  the  case.     The  prisoner  was  not 

properly  defended  at  his  trial ;  if  he  had  been,  he  would 
undoubtedly  have  received  a  much  less  severe  sentence. 
The  judge  who  imposed  the  sentence  certified  that  if  the 
evidence  submitted  to  the  pardon  committee  had  been  pre- 
sented to  him  at  the  trial  he  felt  certain  that  the  sentence 
imposed  would  have  been  not  more  than  five  years  or  less 
than  three  years,  —  certainly  he  should  not  have  imposed 
as  heavy  a  sentence  as  he  did. 

iSTo.  21.  John  McDermott.  Convicted  of  robbery, 
Superior  Court,  Essex  county,  June  11,  1906.  Sentenced 
to  state  prison  for  from  three  to  five  years.  Pardoned 
Aug.  21,  1907.  This  prisoner  was  in  a  dying  condition, 
with  little  prospect  of  living  but  a  few  days.  He  was  re- 
leased so  that  he  might  die  at  home  with  his  parents. 

]^o.  22.  Fred  White.  Convicted  of  larceny,  Police 
Court  of  Lowell,  Jan.  18,  1907.  Sentenced  to  the  Massa- 
chusetts reformatory  on  an  indeterminate  sentence.  Par- 
doned Aug.  21,  1907,  upon  the  recommendation  of  the 
prison  physician.  ^Miite  was  seriously  ill  with  heart  dis- 
ease, and  with  the  hope  of  prolonging  his  life  the  pardon 
was  granted. 

ISTo.  23.  Edward  F.  Bowex.  Convicted  of  assault,  etc., 
Superior  Court,  Bristol  county,  June  20,  1900.  Sentenced 
to  the  state  prison  for  from  seventeen  to  twenty  years. 
Pardoned  Aug.  28,  1907,  pardon  being  recommended  by 
the  district  attorney  who  tried  the  ease,  the  ]iresent  dis- 
trict attorney  and  the  complainant.  So  far  as  ccndd  be 
learned,  the  defendant  had  no  previous  bad  record,  and 
ap]ieared  to  be  a  clean-looking,  intelligent  man.  No  actual 
injury  was  accomplished.  It  seemed  to  the  officers  and 
the  district  attorneys  to  be  within  a  class  of  cases  coming 
under  the  general  charge  in  this  case,  which  is  usually 
disposed  of  l)y  sentences  ranging  from  two  to  seven  years. 
At  the  previous  sitting  of  the  same  court,  in  a  similar 
case,  with  worse  features  in  it,  a  sentence  of  five  years 
maximum  had  been  imposed.  The  district  attorney  said 
in  his  report :  "  If  the  defendant  had  been  defended  by  an 
attorney,  instead  of  pleading  guilty  to  the  indictment  when 


Special  Messages.  901 

read,  it  might  have  been  difficult  for  the  government  to  Pardons. 

have  proved  that  he  was  sufficiently  in  control  of  his  senses 

to  have  had  the  specific  intent  which  takes  the  offence  out 

of  the  class  of  assault  cases  and  makes  the  crime  so  serious 

a  one."     He  was  pardoned  after  serving  a  sentence  equal 

to  the  maximum  imposed  in  similar  cases. 

ISTo.  24.  H.  Merton  McKexj^^ey.  Convicted  of  lar- 
ceny, Superior  Court,  Suffolk  county,  April  26,  1905. 
Sentenced  to  from  two  and  one  half  to  three  and  one  half 
years  in  the  state  prison.  Pardoned  Sept.  25,  1907. 
McKenney  had  but  one  month  more  to  serve.  Informa- 
tion submitted  to  the  governor  and  council  established  the 
fact  that  this  was  his  first  and  not  his  second  offence,  as 
represented  at  the  trial.  If  this  evidence  had  been  sub- 
mitted at  the  trial,  he  undoubtedly  would  have  received  a 
lighter  sentence. 

jN'o.  25.  Fred  L.  Morey,  Jr.  Convicted  of  abuse  of  a 
female  child,  Superior  Court,  Suffolk  county,  Jan.  4,  1907. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  Oct.  10,  1907.  The  story 
of  the  case  is  that  he  and  a  young  Jewess,  not  quite  six- 
teen years  old,  were  very  much  infatuated  with  each  other. 
The  girl's  family  claimed  that  she  was  pregnant,  and 
sought  some  kind  of  a  settlement.  The  young  j>eople 
wanted  to  be  married.  Her  people  agreed  to  this  if  he 
w^ould  become  a  Jew.  He  would  not  do  that,  nor  would 
his  people  pay  the  Jews  any  money  for  a  settlement. 
They  next  had  him  arrested  upon  the  charge  of  assault 
with  intent  to  rape,  l)ut  he  was  discharged  at  the  hearing 
in  the  lower  court.  Then  the  present  charge  was  made,  on 
purely  legal  grounds,  and  his  attorney  advised  him,  after 
the  jury  was  sworn  in  but  before  any  testimony  had  been 
given,  to  plead  guilty,  wdiich  he  did.  The  claim  of  the 
girl's  people  as  to  her  physical  condition  was  unfounded. 
It  was  felt  that  he  had  been  sufficiently  punished  for  the 
offence  committed. 

Xo.  26.  Augustine  Lambert.  Convicted  of  drunken- 
ness, Superior  Court,  Suffolk  county,  Feb.  7,  1907.  Sen- 
tenced to  the  Massachusetts  reformatorv  on  an  indetermi- 


902  Special  Messages. 

Pardons.  nate  sentence.    Pardoned  Oct.  10,  1907,  on  the  ground  that 

he  had  been  sufficiently  punished.  Immediate  employ- 
ment awaited  him.  He  had  a  good  home  with  his  mother 
and  sisters. 

Xo.  27.  Lester  H.  Bond.  Convicted  of  being  a  stub- 
born child,  Municipal  Court,  South  Boston,  May  4,  1007. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  Oct.  16,  1907.  Pardon 
was  asked  for  by  the  parents,  who  made  the  complaint. 
He  was  eighteen  years  old.  It  was  believed  that  if  given 
his  liberty  he  would  be  a  good  boy  in  the  future. 

No.  28.  EiciiARD  CuRKiE.  Couvictcd  of  murder,  sec- 
ond degree,  Supreme  Judicial  Court,  Suffolk  coimty,  April 
24,  1884.  Sentenced  to  state  prison  for  life.  Pardoned 
Oct.  16,  1907,  as  an  act  of  executive  clemency,  after  serv- 
ing almost  twenty-four  years  in  the  state  prison.  Currie 
shot  his  wife  when  he  was  in  a  state  of  frenzy  induced  by 
circumstances  for  some  of  which  the  murdered  w^oman  was 
responsible.  He  had  been  separated  from  his  wife  for 
some  time,  and  endeavored  to  bring  about  a  reconciliation. 
When  shot,  she  was  in  the  company  of  a  man  whom  Currie 
believed  to  be  intimate  with  her.  He  had  been  an  exce|> 
tionally  well-disposed  prisoner,  being  ready  and  willing  at 
all  hours  to  perform  the  work  given  him,  as  he  had  been 
acting  as  nurse  in  the  prison  hospital  over  twelve  years. 
His  health  the  last  few  months  had  broken  down,  no  doubt 
brought  on  by  the  faithful  and  conscientious  attention  he 
had  given  to  the  prisoners  in  his  special  work,  as  in  many 
instances  he  had  gone  without  sleep  and  food,  watching 
over  the  ])risoners  who  had  been  placed  under  him  for  ob- 
servation. In  the  belief  of  the  governor  and  council,  this 
was  the  frenzied  act  of  an  injured  husband, 

No.  29.  Irvixg  M.  Savels.  Convicted  of  being  a  stub- 
born child.  First  District  Court  of  Essex,  Aug.  lb,  1907. 
Sentenced  to  the  IMassachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  Oct.  23,  1907,  ujion  the 
petition  of  the  parents  of  Savels,  who  caused  liis  arrest. 
They  believed  tlie  punishment  had  been  more  than  he  de- 


Special  Messages.  903 

served  for  so  slight  an  offence;  that  he  should  have  been  Pardons, 
placed  on  probation. 

No.  30.  Arokel  O.  Boyagian,  alias  Paul  Jacobs. 
Convicted  of  being  accessory  to  setting  fire  to  a  building, 
Sujjerior  Court,  Norfolk  county,  Dec.  20,  1904.  Sen- 
tenced to  state  prison  for  from  four  to  seven  years.  Par- 
doned Oct.  30,  1907,  upon  the  recommendation  of  the 
district  attorney.  There  were  four  men,  all  Armenians, 
implicated  in  and  indicted  for  this  crime.  Two  were 
charged  with  setting  fire  to  the  building,  and  Peter  Ghanian 
and  this  petitioner  with  inciting  and  procuring  them  to 
do  so.  The  building  was  a  wooden  structure  in  Foxbor- 
ough  used  for  business  purposes.  The  four  were  jointly 
indicted.  Ghanian  became  a  fugitive  from  justice,  and 
went  to  California.  He  was  subsequently  brought  back 
from  California,  and  the  government  prepared  to  proceed 
to  trial  against  him  and  this  petitioner,  whereu])on  the 
latter,  before  the  trial  was  begun,  pleaded  guilty  and  was 
sentenced.  The  district  attorney  was  satisfied  at  the  time, 
and  still  believes,  that  Ghanian  was  the  prime  mover  in 
the  commission  of  the  crime,  and  that  Boyagian  was  little 
more  than  a  tool.  The  sentence  imposed  upon  each  was 
the  same.  The  district  attorney  felt  then,  and  still  feels, 
that  a  distinction  might  well  have  been  made  between  the 
two  in  favor  of  this  petitioner,  and  did  not  think  it  would 
be  prejudicial  to  the  administration  of  justice  to  extend 
clemency  to  him. 

No.  31.  Richard  Powell.  Convicted  of  murder,  sec- 
ond degree,  Superior  Court,  Essex  county,  June  28,  1893. 
Sentenced  to  the  state  prison  for  life.  Pardoned  Nov.  27, 
1907.  Powell  has  acted  for  many  years  as  the  janitor 
and  caretaker  of  ''  Cherry  Hill,"  so-called,  the  prison  dor- 
mitory where  Jesse  Pomeroy  and  other  dangerous  prison- 
ers are  confined.  The  crime  was  committed  by  Powell  as 
an  outraged  husband.  Since  his  imprisonment  his  wife 
has  died.  Some  half  dozen  years  ago  one  of  the  officers 
of  the  prison  was  attacked  in  the  cells  by  a  desperate  pris- 
oner who  had  before  been  the  leader  of  an  insurrection 
among  the  convicts.  Powell  sprang  to  the  relief  of  the 
officer,  and  saved  his  life.     This  murder  is  the  only  crim- 


904  Special  Messages. 

Pardons.  jj^rj]  recoi'd  of  Powell,  and  in  prison  he  has  not  merely  had 

a  perfect  prison  record  since  his  confinement,  but  has  been 
of  particular  aid  to  the  officers  of  the  institution. 

No.  32.  Felix  Stefanik.  Convicted  of  vagrancy, 
Police  Court  of  Lawrence,  Aug.  17,  1907.  Sentenced  to 
the  Massachusetts  reformatory  on  an  indeterminate  sen- 
tence. Pardoned  JSTov.  27,  1907,  upon  the  recommenda- 
tion of  the  justice  who  imposed  the  sentence,  and  the  pro- 
bation officer.  On  the  night  he  was  arrested  he  went  to 
his  home,  and,  his  mother  being  away,  he  went  with  an- 
other boy  to  a  barn  to  sleep,  where  he  was  arrested.  He 
was  not  a  vagrant.  These  facts  were  not  kno^vn  to  the 
justice  when  he  imposed  the  sentence. 

ISo.  33.  Omee  Leboeuf.  Convicted  of  larceny,  Police 
Court  of  Lawrence,  May  G,  1907.  Sentenced  to  the  Mas- 
sachusetts reformatory  on  an  indeterminate  sentence.  Par- 
doned Dec.  4,  1907.  It  was  charged  that  Leboeuf,  seven- 
teen years  old,  stole  a  bicycle  which  had  been  left  on  the 
street  by  its  owner.  He  was  arrested  while  riding  it,  and 
it  was  returned  to  the  owner.  He  had  always  borne  a 
good  reputation,  and  a  place  was  ready  for  him  in  a  shop, 
with  a  chance  to  learn  the  business. 

Xo.  34.  Ludgee,  Paquette.  Convicted  of  larceny, 
Second  District  Court  of  Bristol,  Dec.  21,  1906.  Sen- 
tenced to  the  Massachusetts  reformatory  on  an  indeter- 
minate sentence.  Pardoned  Dec.  4,  1907.  It  appeared 
that  he  was  caught  in  the  act  of  stealing  two  hens  valued 
at  three  dollars.  The  hens  were  recovered.  It  was  be- 
lieved that  he  had  been  sufficiently  punished. 

ISTos.  35  and  36.  Cornelius  P.  Hardiga:^  and  Wm. 
P.  O'DwYEit.  Convicted  of  robbery,  Superior  Court, 
Middlesex  county,  June  24,  1897.  Sentenced  to  the  state 
prison  for  life.  Pardoned  Dec.  4,  1907.  Both  prisoners 
pleaded  guilty,  and  careful  examination  showed  that  they 
were  absolutely  guilty  of  all  the  offences  charged,  in  as- 
saulting and  robbing  an  elderly  farmer  in  the  remoter 
part  of  the  city  of  Waltham.  The  nature  of  the  offence 
gave  the  judge  no  discrimination,  the  law  providing  a  life 


Special  Messages.  905 

sentence.  The  extreme  youth  of  the  offenders,  however,  Pardons. 
Avas  noted  by  the  judge  at  the  time.  Constant  appeals 
have  been  made  for  pardon  ever  since  their  commitment. 
Their  conduct  in  prison  has  been  such  as  to  show  peni- 
tence, and  the  promise  of  good  behavior  in  the  future.  As 
a  warning  to  those  who  are  tempted  to  commit  crime  in 
the  remoter  rural  districts,  it  was  deemed  best  that  a  term 
of  ten  years'  service  in  prison  should  be  enforced.  That 
term  has  now  expired.  The  judge  who  passed  the  sentence 
furnished  the  testimony  that,  had  the  law  permitted  him, 
he  should  have  mitigated  the  life  sentence.  The  district 
attorney  testified  that  in  his  opinion  the  ends  of  justice 
were  served  by  ten  years'  imprisonment.  The  chief  of 
police  of  Waltham  appeared  with  a  similar  report  favor- 
ing the  pardon  at  this  time.  Finally,  the  victim  of  the 
assault,  who  was  not  seriously  or  permanently  injured, 
also  appeared  and  testified  in  favor  of  the  pardon  after 
ten  years  of  imprisonment.  The  attorney  in  charge  of  the 
pardon  made  the  serious  error  of  attempting  to  prove  that 
his  clients  were  innocent  of  a  crime  of  which  they  were 
unquestionably  guilty.  The  governor  and  council  did  not, 
however,  feel  that  the  clients  should  be  made  to  suffer  from 
the  false  plea  unwisely  put  forward  by  their  attorney. 
The  pardon  is  granted  not  as  a  matter  of  justice  to  inno- 
cent men,  but  of  mercy  to  penitent  men. 

Xo.  37.  Charles  A.  Paixe.  Convicted  of  drunken- 
ness. Western  District  Court  of  Worcester,  July  25,  1907. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  Dec.  18,  1907,  upon  the 
recommendation  of  senator  Charles  X.  Prouty  and  other 
leading  citizens  of  Spencer,  who  believed  that  the  prisoner 
had  firmly  resolved  to  lead  a  temperate  life  in  the  future, 
and  would  provide  a  good  home  for  his  family. 

Xo.  38.  Mary  Bernard,  alias  Berx^ardo.  Convicted 
of  fornication.  Central  District  Court  of  Worcester,  Dec. 
14,  1907.  Sentenced  to  the  reformatory  prison  for  women 
on  an  indeterminate  sentence.  Pardoned  Dec.  26,  1907, 
upon  the  recommendation  of  the  parents  of  the  girl  and 
judge  Utley,  the  judge  who  imposed  the  sentence,  who 
certified  that  before  he  sentenced  her  he  was  informed  by 


906  Special  Messages. 

Pardons.  i\^q  jwHcg  department  that  Vincenzo  Bernardo,  the  father 

of  the  girl,  was  on  his  way  to  Worcester,  but  he  failed  to 
appear  before  she  was  called  for  sentence.  "  Had  he  ap- 
peared and  been  willing  to  take  his  daughter  back  to  his 
home  and  care  for  her,  I  should  not  have  sentenced  her  as 
I  did,"  She  was  engaged  to  a  young  man  by  the  name  of 
Fruugillo,  who  appeared  before  judge  Utley  and  evinced 
an  honest  desire  to  marry  her  and  support  her  as  his  wife 
and  live  honorably  with  her.  His  parents  as  well  as  the 
parents  of  the  prisoner  were  both  willing  and  anxious  for 
them  to  be  married.  The  sentence  was  imposed  evidently 
imder  a  misapprehension  of  all  the  facts  in  the  case. 

Xo.  39.  Patrick  Henry  Smith.  Convicted  of  being 
a  stubborn  child,  Mimicipal  Court,  Charlesto^vn,  May  15, 
1907.  Sentenced  to  the  Massachusetts  reformatory  on  an 
indeterminate  sentence.  Pardoned  Jan.  1,  1908,  upon  the 
ground  that  he  had  suffered  sufficient  punishment. 

[To  the  honorable  senate  and  house  of  representatives,  March  6,  1908.] 

I  have  the  honor  to  transmit  herewith  for  your  con- 
sideration certain  recommendations  embodied  in  the  Forty- 
second  annual  report  of  the  commissioners  on  fisheries  and 
gam  e. 

The  following  special  communications  were  made  to 

THE    general    court    BY    HIS    HONOR    THE    LIEUTENANT 
governor,   ACTING  GOVERNOR,   DURING    THE  ABSENCE  OF 
HIS  EXCELLENCY  THE  GOVERNOR,  OWING  TO  ILLNESS. 
[To  the  honorable  senate  and  house  of  representatives,  March  20,  1908.] 

I  have  the  honor  to  transmit  herewith  for  your  informa- 
tion a  communication  from  C.  S.  Mellen,  president  of  the 
ISTew  York,  New  Haven  and  Hartford  Railroad  Company. 

[To  the  honorable  senate  and  house  of  representatives,  A|)ril  1,  1908.] 

I  return  herewith,  without  my  approval,  to  the  house  of 
representatives  in  which  it  originated.  *'  An  Act  to  author- 
ize the  county  of  Essex  to  compensate  Joseph  S.  Trimble 
for  moneys  expended  for  legal  services  and  expenses  in  the 
defense  of  Edgar  W.  Meikle." 

p]dgar  W.  Meikle  was  tried  on  the  charge  of  murdering 
his  father  and  was  acquitted  by  the  jury. 

The  expenses  iucui'red   in  his  defence  and  matters  con- 


Special  Messages.  907 

nected  therewith  amounted  to  thirteen  hundred  and  fifty 
doUars,  which  was  paid  out  by  Meikle's  guardian,  Joseph 
S.  Trimble.  This  sum  was  paid  out  of  money  which  had 
belonged  to  Meikle's  father  and  which  he,  JMeikle,  had  in- 
herited after  his  father's  death. 

The  lawyers  who  defended  Meikle  in  his  trial  applied 
to  the  justices  who  tried  the  case,  to  be  allowed  compensa- 
tion for  their  services.  The  judges  decided  that  under 
the  statutes  they  had  no  right  to  allow  them  counsel  fees. 
The  attorneys  then  made  up  their  bill  for  services  and 
expenses,  which  was  ten  hundred  seventy-one  dollars,  and 
the  boy's  guardian  paid  the  bill  out  of  Meikle's  property  • 
and  also  paid  other  expenses  amounting  to  about  two  hun- 
dred and  eighty  dollars. 

This  act  authorizes  Essex  county  to  pay  back  this  thir- 
teen hundred  and  fifty  dollars  to  Joseph  S.  Trimble, 
guardian  of  Edgar  W.  Meikle.  Section  16  of  chapter  157 
of  the  Revised  Laws  provides  that  the  court  "  may  allow 
reasonable  compensation  (upon  an  indictment  for  murder) 
for  the  services  of  counsel  assigned  to  defend  the  prisoner 
if  he  is  otherwise  unable  to  procure  counsel,  and  such  com- 
pensation shall  be  paid  by  the  county  in  which  the  indict- 
ment is  found." 

Meikle's  case  manifestly  does  not  come  within  this  pro- 
vision of  the  law,  as  he  was  able  and  did  procure  counsel 
and  he  was  able  through  his  guardian  to  pay  them  a  sufli- 
cient  sum  for  their  services. 

This  act  is  special  legislation  outside  the  general  law, 
and  seems  to  me  dangerous  as  a  precedent. 

I  do  not  think  it  would  be  wise  for  the  commonwealth 
to  establish  the  practice  of  paying  the  expenses  of  a  trial 
of  a  prisoner  for  murder  who  may  be  declared  innocent  by 
a  jury,  when  the  accused  is  able  to  pay  his  own  bills.  The 
court  may  appoint  counsel  if  the  prisoner  cannot  procure 
his  own,  but  that  does  not  apply  in  this  case. 

If  such  a  general  law  would  be  unwise,  a  special  act 
seems  to  me  more  so. 

I  can  well  understand  how  this  special  case  may  appeal 
to  one's  sympathy,  but  it  does  not  seem  to  me  to  be  good 
legislation  in  that  by  special  act  for  a  special  case  it 
changes  existing  law  and  it  is  contrary  to  the  well  estab- 
lished policy  of  the  commonwealth. 


908  Special  Messages. 

Furtli(>v,  it  seems  to  me  that  this  act  is  uiicunstitntional 
because  it  provides  for  the  raising  of  mono}'  by  taxation 
for  the  exclusive  benefit  of  a  particular  individual  and  is 
not  for  a  ])nblic  ])urpose. 

[To  the  honorable  senate  and  house  of  representatives,  April  7,  1908.] 

I  have  the  honor  to  transmit  herewith  a  communication 
from  the  Massachusetts  highway  commission,  together  with 
copies  of  a  letter  from  them  to  Thomas  Sherwin,  president 
of  the  New  England  Telephone  and  Telegraph  Company, 
a  copy  of  his  reply  to  the  commission,  and  a  copy  of  the 
report  of  Professor  Dugald  C.  Jackson  to  the  Massachu- 
setts highway  commission,  being  an  answer  to  three  ques- 
tions asked  by  the  commission.  In  their  letter  to  me 
they  recommend  that  the  commonwealth  appropriate  thirty 
thousand  dollars  to  pay  for  the  employment  of  certain 
engineers,  etc.,  who  are  to  supervise  the  making  of  a  com- 
plete inventory  and  appraisal  of  the  property  of  the  Xew 
England  Telephone  and  Telegraph  Company,  jirincipally 
in  the  commonwealth  of  Massachusetts. 

It  is  made  plain  from  their  letter  to  me  that  this  amount 
of  money  to  be  appropriated  by  the  connnonwealth  would 
be  ultimately  returned  by  the  Xew  England  Telephone 
and  Telegraph  Comj^any. 

In  order  that  the  matter  may  be  brought  before  the 
legislature  this  year,  I  recommend  that  this  appropriation 
be  made,  in  such  a  manner  as  to  carry  out  the  plan  of  the 
commission  and  to  provide  that  the  money  shall  be  re- 
turned to  the  treasury  of  the  commonwealth,  to  be  applied 
to  the  Telephone  and  Telegraph  Commissioners'  Fund,  so- 
called. 

[To  the  honorable  senate  and  house  of  representatives,  April  29,  1908.] 

I  herewith  return  an  act  entitled  ''  An  Act  to  establish 
the  salary  of  the  secretary  of  the  licensing  l)oard  for  the 
city  of  Boston," 

In  1906  an  act  to  provide  for  the  appointment  of  a 
licensing  board  and  a  i)olice  commissioner  for  the  city  of 
Boston  was  passed  by  the  legislature.  Section  2  of  that 
act  provided  "  that  the  annual  salary  of  the  chairman  of 
said  board  shall  be  $4,000  ;  that  of  each  of  the  other  two 
members  $3,500;  and  that  of  the  secretary  $2,500." 


Special  Messages.  909 

The  act  entitled  "  An  Act  to  establish  the  salary  of  the 
secretary  of  the  licensing  board  for  the  city  of  Boston," 
which  was  passed  to  be  enacted  in  the  house  on  April  21 
and  in  the  senate  on  April  23,  1908,  changes  section  2  of 
the  bill  passed  by  the  legislature  in  1906  so  that  the  salary 
of  the  secretary  "  shall  not  exceed  $3,500."  This  allows 
the  commissioners,  if  in  their  judginent  it  is  wise,  to  in- 
crease the  salary  of  the  secretary  of  the  board  from  $2,500 
to  $3,500  a  year. 

It  is  common  knowledge  at  the  present  time  that  the 
public  affairs  of  the  city  of  Boston  should  be  run  as  eco- 
nomically as  possible  in  the  interest  of  all  her  citizens. 
Under  these  circumstances  it  does  not  seem  wise  to  me  to 
give  the  licensing  board  the  power  to  increase  the  salary 
of  its  secretary  $1,000  per  year. 

I  do  not  understand  that  it  is  the  intention  of  the  board 
to  immediately  increase  this  salary,  but  I  think  it  is  safe 
to  assume  that  if  this  power  were  given,  the  secretary  would 
in  a  very  short  time  receive  the  full  amount  allowed  by 
law,  and  it  would  come  to  be  recognized  as  the  regular 
payment  for  services  performed  in  that  office. 

I  am  informed  and  believe  that  the  gentleman  now  per- 
forming the  duties  as  secretary  is  efficient  and  satisfactory. 
I  do  not  mean  by  the  action  that  I  take  on  this  bill- to 
reflect  in  the  slightest  degree  on  his  capacity  or  ability. 
I  do  believe,  however,  at  this  time,  when  conditions  at 
large  require  economy  in  all  directions,  especially  in  the 
expenses  contracted  by  the  government  of  the  city  of  Bos- 
ton, that  it  is  unwise  for  the  state  government  to  do  any- 
thing which  will  result  in  increased  expenditure  for  the 
city  of  Boston,  which  is  not  absolutely  necessary.  I  am 
compelled  by  these  considerations  to  return  this  bill  with- 
out my  approval. 

[To  the  honorable  senate  and  house  of  representatives,  May  7,  1908.] 

I  return  herewith  an  act  entitled  "  An  Act  to  extend 
the  open  season  for  trout  in  the  towns  of  Mashpee  and 
Barnstable." 

In  1906  an  act  was  passed  making  a  uniform  season 
throughout  the  commonwealth  for  the  taking  of  trout,  land- 
locked salmon  or  lake  trout.  The  provisions  of  this  statute 
were  that  between  the  first  dav  of  Aujnist  and  the  fifteenth 


010  Special  Messages. 

day  of  April  ^ncli  Hsli  sliould  nut  he  taken  or  bought  and 
anyone  doing  so  should  be  subject  to  a  fine. 

The  act  which  1  return  herewith  provides  that  the  towns 
of  Mashpce  and  Barnstable  shall  have  the  right  to  take 
such  fish  between  the  twentieth  day  of  ^larch  and  the  first 
day  of  AugTist.  This  enables  fishermen  in  these  two  towns 
to  take  fish  as  described  one  month  earlier  than  in  any 
other  part  of  the  commonwealth. 

This  is  special  legislation,  changing  the  uniform  opera- 
tion of  the  game  laws.  The  legislature  previous  to  1906 
had  at  different  times  made  exceptions  for  different  sec- 
tions of  the  commonwealth  similar  to  this  one,  but  in  1906 
it  was  considered  wise  to  do  away  with  all  such  exceptions 
and  a  general  law  was  passed  which  should  apply  to  all 
sections  of  the  commonwealth  equally. 

It  seems  to  me  unwise,  unless  there  is  some  extremely 
important  reason,  to  change  the  law  of  1906  which  made 
all  these  conditions  uniform.  I  have  not  been  able  to  see 
reasons  of  sufficient  importance  for  this  change  in  this 
particular  case,  and  I  therefore  return  the  bill  without  my 
approval. 

[To  the  honorable  senate  and  house  of  representatives,  May  12,  1908.] 

I  return  herewith  without  my  approval  "  An  Act  to  in- 
crease the  salaries  of  the  justices  of  the  supreme  judicial 
court."  This  bill  provides  that  the  salaries  of  the  justices 
of  the  supreme  judicial  court  shall  be  raised  from  eight 
thousand  to  ten  thousand  dollars  per  year,  wdth  an  allow- 
ance of  five  hundred  dollars  for  travelling  expenses,  and 
that  the  salary  of  the  chief  justice  shall  be  raised  to  ten 
thousand  five  hundred  dollars  per  year  in  place  of  eight 
thousand  five  hundred  dollars  as  at  present,  with  an  allow- 
ance of  five  hundred  dollars  for  travelling  exjx^nses. 

There  are  but  three  or  four  states  in  the  Union  where 
judges  of  the  highest  courts  are  paid  as  much  as  are  the 
supreme  court  justices  of  Massachusetts  to-day.  These 
states  are  New  York,  Pennsylvania,  and  i^ew  Jersey.  The 
justices  of  the  supreme  courts  in  the  other  New  England 
states  receive  very  much  smaller  salaries  than  are  paid  to 
our  justices  of  the  supreme  court.  I  do  not  mention  these 
facts  to  intimate  that  our  justices  are  overpaid  or  would 
be  overpaid  if  the  salary  increase  provided  for  in  this  bill 


Special  Messages.  911 

should  be  allowed.  I  merely  state  it  as  a  fact  so  that  the 
relative  ipaj  which  justices  receive  in  different  states  may 
be  understood. 

I  feel  that  there  are  no  men  in  the  service  of  the  com- 
monwealth of  Massachusetts  who  deserve  so  well  at  her 
hands  as  the  justices  of  the  supreme  judicial  court.  They 
are  honorable,  able  and  honest  men  and  have  added  credit 
and  reno^m  to  the  commonwealth  because  of  the  ability 
and  rugged  honesty  of  their  decisions.  I  understand  they 
had  nothing  to  do  with  the  introduction  or  passage  of  this 
bill.  I  believe  that  when  conditions  are  different  they 
ought  to  receive  the  increase  in  salarv  provided  for  in  this 
bill. 

My  sole  reason  for  returning  the  bill  at  this  time  with- 
out my  approval  is  because  of  existing  financial  and  busi- 
ness conditions.  It  seems  to  me  most  inopportune,  when 
business  is  bad,  thousands  of  honest  and  industrially  in- 
clined men  are  unable  to  find  employment  and  others  who 
retain  employment  are  having  their  wages  reduced,  for  the 
commonwealth  to  increase  the  salaries  of  her  servants, 
even  when  so  deserving  a  case  is  presented  as  that  of  the 
justices  of  our  supreme  court. 

This  is  certainly  no  time  for  tbe  commonwealth  to  in- 
crease expenses.  Appropriations  already  made  indicate 
that  the  state  tax  this  year  will  be  much  larger  than  last, 
and  last  year  it  was  four  millions  of  dollars.  While  the 
tax  will  have  to  be  increased,  the  people  of  the  state  are 
not  as  well  able  to  pay  as  they  were  a  year  ago.  There 
are  many  suggested  bills  for  increasing  ex|>enses  in  differ- 
ent directions,  none  of  which  to  my  mind  is  as  worthy  as 
is  this  particular  bill. 

Believing  that  the  justices  of  the  supreme  court  should 
at  some  future  time,  when  conditions  are  more  propitious, 
receive  the  salary  mentioned  in  this  bill,  I  cannot  at  this 
time,  because  of  the  reasons  stated,  approve  it. 

[To  the  honorable  senate  and  house  of  representatives,  'May  12,  1908.] 

I  return  herewith,  without  my  approval,  "'  An  Act  to 
increase  the  salaries  of  the  justices  of  the  superior  court." 

This  bill  increases  the  salaries  of  the  justices  of  the 
superior  court  from  six  thousand  five  hundred  dollars  to 
eight  thousand  dolhirs  per  year,  with  an  allowance  of  five 


^^2  Special  Messages. 

Imndred  dollars  for  travelling  expenses,  and  tlie  salary  of 
the  chief  justice  from  seven  thousand  to  eight  thousand 
five  hundred  dollars  per  year,  with  five  hundred  dollars 
allowance  for  travelling  expenses. 

The  relative  salaries  of  the  justices  of  the  superior  court 
as  compared  with  those  of  other  states  are  larger  than  those 
paid  in  all  but  two  or  three  states  in  the  Union  for  judges 
serving  in  similar  courts. 

It  is  unnecessary  for  me  to  rej^eat  the  reasons  which 
influence  me  in  returning  this  bill  without  my  approval, 
because  they  are  stated  in  my  objections  to  the  bill  for 
raising  the  salaries  of  the  supreme  court  justices,  returned 
to  your  honorable  bodies  at  this  time.  I  do  not  think  that 
business  and  financial  conditions  in  the  commonwealth  at 
present  are  such  that  it  is  wise  to  increase  these  salaries. 

r       [To  the  honorable  senate  and  house  of  representatives,  May  12,  1908.] 

I  return  herewith  "  An  Act  relative  to  the  salary  of  a 
sheriff  who  performs  the  duties  of  a  jailer  or  master  of  a 
iiouse  of  correction." 

This  bill  amends  section  10  of  chapter  23  of  the  Re- 
vised Laws  so  that  a  sheriff  who  also  performs  the  duties 
of  a  jailer  or  master  of  a  house  of  correction  may  receive 
in  addition  to  his  salary  as  sheriff,  the  sum  of  two  thou- 
sand dollars  per  year  as  such  jailer  or  master  of  a  house 
of  correction,  in  place  of  one  thousand  dollars  per  year  as 
under  section  19  of  chapter  23  of  the  Revised  Laws. 
I  This  allows  the  county  officers  of  the  various  counties 
of  the  commonwealth  to  increase  the  salary  of  a  sheriff, 
under  the  title  of  jailer  or  master  of  a  house  of  correction 
one  thousand  dollars  per  year. 

While  the  bill  is  permissive,  it  seems  to  me  to  be  un- 
necessary and  at  this  particular  time  unwise.  The  finan- 
cial and  business  conditions  in  the  commonwealth  to-day, 
both  as  appli(>d  to  the  state  treasury  and  the  prosperity  of 
the  citizens,  is  not  such  as  ought  to  warrant  these  in- 
creases. For  these  reasons  I  return  this  bill  without  my 
approval. 


[To  the  honorable  senate  and  house  of  representatives.  May  19,  1908.] 

I  return  herewith  an  act  entitled  "  An  Act  to  define  the 
duties  of  the  female  members  of  the  inspection  depart- 
ment of  the  district  police." 


Special  Messages.  913 

This  bill  describes  in  detail  the  duties  that  shall  be  per- 
formed by  each  of  these  inspectors,  as  follows :  • — 

"  One  of  the  said  members  shall  be  detailed  by  the  chief 
of  the  said  police  to  see  that  the  laws  relating  to  women 
and  minors  employed  in  workshops  and  textile  factories  in 
all  parts  of  the  commonwealth  are  observed  and  enforced, 
and  shall  also  be  charged  with  the  duty  of  seeing  that  the 
specifications  law,  so-called,  is  enforced  so  far  as  it  applies 
to  workshops  and  textile  factories.  The  other  female  mem- 
ber of  the  district  police  shall  be  detailed  by  the  chief  of 
the  said  police  to  see  that  the  laws  relating  to  women 
and  minors  are  observed  in  mercantile  establishments  and 
workshops  throughout  the  commonwealth.  The  headquar- 
ters of  the  said  female  inspectors  shall  be  in  the  city  of 
Boston." 

Chapter  382  of  the  acts  of  1904  defines  the  duties  of 
the  female  members  of  the  inspection  department,  as  fol- 
lows :  — 

"  One  of  the  said  members  shall  be  detailed  by  the  chief 
of  the  district  police  for  the  inspection  of  factories  and  the 
other  for  the  inspection  of  mercantile  establishments  and 
other  buildings." 

The  only  changes  in  the  new  bill  over  the  law  already 
existing  are  to  describe  more  in  detail  what  the  particular 
acts  of  each  of  these  female  inspectors  shall  be.  It  seems 
to  me  that  this  is  poor  judgment,  prejudicial  to  good  dis- 
cipline, and  that  it  does  not  leave  the  law  in  as  good  shape 
as  it  is  at  the  present  time.  I  do  not  think  it  is  wise  for 
the  legislature  to  prescribe  in  detail  the  duties  of  each  in- 
spector or  member  of  the  state  police.  I  believe  this  ought 
to  be  left  largely  to  the  discretion  of  the  chief  of  the  de- 
partment. I  therefore  think  that  the  proposed  new  law 
is  not  as  good  as  the  one  already  existing  and  that  it  is 
unwise  and  unnecessary. 

The  further  statement  in  the  proposed  new  law  that  the 
headquarters  of  said  female  inspectors  shall  be  in  the  city 
of  Boston  also  seems  to  me  unwise,  would  unquestionably 
result  in  a  considerably  increased  expense  to  the  common- 
wealth, and  would  interfere  with  the  best  discharge  of 
their  duties. 

For  the  reasons  given  I  return  the  bill  without  my  ap- 
proval. 


914  Special  Messages. 


[To  the  honorable  senate  and  house  of  representatives,  Maj^  28,  1908.] 

I  return  herewith  an  act  entitled  "  An  Act  relative  to 
the  assessment  of  poll  taxes  and  registration  of  voters  in 
the  citj  of  Boston." 

This  act  repeals  the  police  listing  act,  so-called,  which 
was  passed  in  1903  for  the  city  of  Boston.  It  was 
claimed  then  that  the  voting  lists  were  improperly  made 
np,  that  the  listing  of  names  of  men  in  Boston  on  the  first 
day  of  May  in  any  given  year  and  the  supplementary  list- 
ing of  them  was  not  well  done,  and  that  as  a  consequence 
there  were  many  fraudulent  names  on  the  voting  lists.  As 
a  result  of  this  statement  and  the  general  dissatisfaction 
of  the  work  done,  the  so-called  "  police  listing  act  "  was 
passed  in  1903  in  an  endeavor  to  remedy  these  defects. 

This  act  provided  that  the  police  officers  should  have 
entire  charge  of  listing  the  men  in  the  city  of  Boston  of 
twenty  years  or  over,  beginning  on  the  first  day  of  May 
in  any  given  year,  and  that  later  they  should  have  entire 
charge  of  the  supplementary  listing  which  forms  the  basis 
of  the  voting  list  of  the  city. 

In  other  words  the  whole  charge  of  preparing  the  basis 
for  the  voting  list  is  now  in  the  hands  of  the  police  force 
of  Boston,  they  making  the  original  lists  of  males  of 
twenty  years  or  over  resident  in  the  city  on  the  first  day 
of  May  in  any  year  as  well  as  doing  the  supplementary 
listing  later.  This  act,  among  other  provisions,  takes  away 
,  from  the  police  department  the  ]n"eliminary  listing  of  citi- 
zens referred  to  but  leaves  them  in  charge  of  the  supple- 
mentary list  which  is  the  basis  of  the  voting  list. 

Some  of  the  reasons  advanced  for  the  passage  of  this 
bill  by  its  advocates  are: 

That  the  work  of  listing  and  preparing  voting  lists  in 
the  towns  and  cities  of  the  commonwealth  is  in  all  cases 
except  the  city  of  Boston  done  by  the  assessors ; 

That  they  think  the  assessors  should  lie  allowed  to  do 
part  of  this  work,  —  that  is  the  preliminary  listing,  —  in 
the  city  of  Boston,  although  they  do  not  suggest  taking 
away  the  supplementary  listing  from  the  police  depart- 
ment; 

That  if  this  change  is  made,  the  work  will  be  as  well 
or  better  done  than  now ; 


Special  Messages.  915 

That  it  will  result  in  a  small  money  saving  to  the  city 
of  Boston. 

It  does  not  seem  to  me  that  these  reasons,  if  correct,  are 
sufficiently  strong  for  the  repeal  of  a  law  which  was  passed 
only  five  years  ago  to  cure  many  serious  evils  which  ex- 
isted in  the  preparation  of  the  voting  lists  in  the  city  of 
Boston  and  which,  in  my  opinion,  has  worked  well. 

Referring  to  some  of  the  reasons  advanced  for  the  pas- 
sage of  the  bill,  —  it  is  true  that  this  work  is  done  in  other 
cities  and  towns  of  the  commonwealth  by  the  assessing 
department.  It  is  also  true  that  the  reasons  for  the  pas- 
sage of  the  police  listing  law  in  1903  were  that  the  citi- 
zens of  Boston  who  were  well  informed  in  such  matters 
were  not  satisfied  with  the  way  the  work  was  done  and  the 
legislature  passed  this  act  to  cure  these  difficulties.  Some 
of  the  advocates  of  this  new  bill  urge  that  this  is  simply 
taking  away  the  original  listing  of  the  men  of  twenty  years 
or  over  in  the  city  of  Boston  from  the  police  department 
but  still  leaves  with  them  the  very  important  work  of  pre- 
paring the  supplementary  lists. 

It  seems  to  me  that  if  the  police  department  is  to  have 
charge  of  any  part  of  the  listing,  it  should  have  full  charge 
of  it ;  if  the  assessing  department  is  to  have  charge  of  it, 
it  should  have  full  charge  of  it ;  but  an  arrangement  should 
not  be  made  as  is  done  in  this  bill,  so  that  the  police  de- 
partment is  responsible  for  one  part  of  the  work  and  the 
assessing  departmen':  resjx)nsible  for  another.  I  am  sure 
that  this  would  cause  much  criticism  from  one  department 
of  the  other  and  would  result  in  no  good,  and  I  feel  cer- 
tain that  the  voting  lists  resulting  from  this  work  done  in, 
this  divided  way  would  not  be  as  good  as  at  the  present 
time.  If  this  bill  had  suggested  that  the  assessing  depart- 
ment instead  of  the  police  department  should  have  entire 
charge  of  this  work  it  would  not  meet  my  approval,  but  I 
think  that  would  be  a  better  change  than  a  divided  respon- 
sibility. 

The  argument  in  regard  to  the  money  saving  which 
would  result  to  the  city  of  Boston  by  this  suggested  change, 
if  well  founded,  would  have  considerable  influence  with 
me,  although  I  believe  that  if  a  more  correct  voting  list 
is  obtained  under  present  methods  than  would  be  the  case 
under    changed   methods    a    small    increased    expenditure 


916  Special  Messages. 

would  be  of  no  moment.  I  am  not  liowever  convinced  that 
the  suggested  change  wouKl  n>sult  iu  any  permanent  econ- 
omy to  the  city  of  Boston  and  I  beli(>ve  that  in  the  course 
of  a  few  years  it  would  result  in  a  distinct  increase  in 
cost  to  the  cit}'.  The  police  department  is  peculiarly  well 
equipped  for  making  the  preliminary  listing  which  the  new 
bill  suggests  should  be  taken  away  from  it.  It  has  a  very 
large  number  of  men  who  can  give  their  attention  to  this 
duty  for  a  few  days.  The  work  is  proni})tly  and  quickly 
done  and  in  my  opinion  is  economically  done.  Should 
this  work  be  undertaken  by  the  assessing  department  of 
the  city  of  Boston,  a  great  deal  of  extra  work  would  be 
required  of  the  assessors,  and  they  either  have  too  little 
to  do  now  or  else  they  would  be  obliged  to  have  many 
extra  assistants  to  do  this  extra  work.  In  any  event  the 
work  would  require  a  much  longer  time  if  done  by  the 
assessing  department. 

I  therefore  do  not  think  that  the  passage  of  this  act 
would  result  in  any  saving  in  expense  to  the  city  of  Boston 
but,  in  my  opinion,  would  in  the  long  run  increase  the  ex- 
penses of  the  city. 

The  one  reason  which  is  given  for  its  enactment  which 
seems  to  me  real  is  that  the  assessing  department  would 
like  to  do  this  work  rather  than  have  it  done  by  the  police 
department.  It  does  not  by  this  bill  undertake  to  take  the 
entire  work  into  its  hands  but  it  wants  to  take  away  a  part 
of  the  work  and  leave  the  sui)plcmentary  listing  in  the 
hands  of  the  police. 

As  I  have  previously  stated,  I  think  tliis  act  would 
result  in  a  less  honest  voting  list  than  we  have  at  the 
present  time,  in  bickerings  and  criticisms  from  one  de- 
partment of  the  other,  and  in  the  long  run  in  an  increased 
expense  to  the  city  of  Boston.  The  present  ])olice  listing 
law  has  on  the  whole  worked  well.  I  see  no  good  reason 
as  yet  advanced  for  its  re|x^al.  I  therefore  return  this 
bill  without  my  approval. 

[To  the  honorable  senate  and  house  of  representatives,  June  1,  1908.] 

I  have  the  honor  to  transmit  herewith  a  self  explanatory 
communication  relative  to  the  metropolitan  improvement 
commission,  from  Benjamin  X.  Johnson,  chairman  of  the 
commission. 


Special  Messages.  917 


[To  the  honorable  senate  and  house  of  representatives,  June  2,  1908.] 

I  return  herewith  a  "  Resolve  in  favor  of  Michael 
Mnrphv,  Mary  Callahan,  M.  Joseph  Mnrphy,  Francis 
Mnrphy,  Frederick  ]\Iurphy,  Margaret  Murphy,  Kather- 
ine  A.  Murphy  and  Genevieve  Murphy,  all  of  Lynn,  Mas- 
sachusetts, and  Andrew  Murphy  of  Chelsea,  Massachu- 
setts." 

This  resolve  provides  that  the  sum  of  five  thousand  dol- 
lars shall  be  paid  from  the  treasury  of  the  connnonwealth 
to  the  persons  mentioned,  in  full  compensation  for  land 
they  say  belongs  to  them,  and  taken  by  the  metropolitan 
park  commission  for  the  purpose  of  a  public  park  or  res- 
ervation. 

This  same  resolve  was  before  the  general  court  of  1907 
and  was  referred  to  the  next  general  court.  It  provides 
payment  for  land  taken  by  the  metropolitan  ]iark  com- 
mission. When  the  land  was  originally  taken,  it  was  sup- 
posed to  belong  to  the  town  of  Xahant,  and  that  influenced 
the  commission  in  taking  it.  After  it  was  taken,  Michael 
jMurphy  and  the  others  named  in  the  resolve  made  a  claim 
to  ownership  of  the  land  and  brought  a  petition  in  the 
superior  court  of  Essex  county  to  recover  damages  from 
the  commonwealth. 

At  this  trial  it  was  necessary  for  the  petitioners,  in 
order  to  recover  damages,  to  prove  that  they  had  a  title 
to  the  land.  This  question  was  submitted  to  a  jury  and 
the  jury  rendered  a  verdict  that  at  the  time  the  common- 
wealth took  the  land  these  petitioners  had  no  title  to  it. 
The  petitioners  then  took  exceptions  to  the  supreme  court, 
and  the  suj^reme  court  overruled  the  exceptions  and  sus- 
tained the  verdict  of  the  lower  court  in  favor  of  the  com- 
monwealth. 

The  case  was  ably  handled  by  skillful  counsel  and  all 
the  courts  decided  that  the  commonwealth  was  not  liable. 
If  there  was  any  question  of  moral  right  whatever,  it  was 
between  these  petitioners  and  the  town  of  Nahant.  Cer- 
tainly they  have  no  claim  on  the  commonwealth,  and  for 
the  commonwealth  to  pay  money  on  a  claim  which  has 
been  decided  by  the  courts  and  by  a  jury  of  the  common- 
wealth to  be  invalid  seems  to  me  an  improper  waste  of  the 
public  funds   and   an   inexcusably  bad   precedent.      It   is 


918  Special  Messages. 

well  known  that  claims  of  a  more  or  less  similar  nature 
are  frequently  pressed  upon  the  general  court.  It  there- 
fore seems  a  manifest  duty  that  the  funds  of  the  taxpayers 
of  the  commonwealth  should  not  be  given  to  people  whose 
claims  have  been  properly  heard  and  decided  against  by 
her  courts.  For  the  reasons  given  I  return  this  resolve 
without  my  approval. 

[To  the  honorable  senate  and  house  of  representatives,  June  4,  1908.] 

I  return  herewith  a  resolve  entitled  "  A  Resolve  to  pro- 
vide for  an  inquiry,  by  the  commission  on  industrial  edu- 
cation, into  the  advisability  of  establishing  one  or  more 
industrial  colleges." 

I  do  not  think  it  is  time  for  the  commonwealth  to  be 
considering  the  erection  of  one  or  more  industrial  colleges 
*'  providing  for  a  three  or  four  years'  course  of  extended 
training  "  before  any  industrial  schools  of  a  simpler  char- 
acter have  been  organized  and  started.  I  think  that  a 
move  in  this  direction  would  not  help  the  cause  of  indus- 
trial education,  in  which  I  thoroughly  believe.  I  doubt 
very  much  the  expediency  at  this  time  of  the  common- 
wealth's going  into  any  such  expenditure,  and  it  therefore 
seems  to  me  that  the  time  of  the  commission  on  industrial 
education  could  be  better  S]>ent  than  in  the  preparation  of 
this  report,  which  would  require  much  time  and  labor  that 
I  think  would  be  wasted. 

Later  on,  it  might  be  wise  to  have  a  careful  considera- 
tion as  to  whether  the  development  of  industrial  education 
should  not  go  hand  in  hand  either  with  our  technological 
institutions  or  with  our  textile  schools,  but  at  this  time  I 
think  the  commission  should  give  its  attention  to  the  es- 
tablishment of  industrial  schools,  which  in  my  mind  is  an 
entirely  different  proposition.  These  deal  with  younger 
people  and  also  with  those  who  may  not  desire  either  a 
technical,  textile  or  college  education  of  any  kind. 

I  believe  that  schools  established  to  take  young  people 
at  about  fourteen  years  of  age  and  older,  when  they  might 
not  be  inclined  to  go  to  high  schools,  and  to  teach  tlunn 
industrial  occupations,  would  be  a  most  excellent  thing. 
They  would  learn  habits  of  work  and  industry  and  would 
not  waste  their  time  at  a  very  critical  age  having  nothing 
to  do,  being  neither  in  school  or  at  work.     If  they  had 


Special  Messages.  919 

schools  of  this  character  to  go  to  they  would  be  learning 
something,  —  not  necessarily  the  study  of  the  classics,  but 
the  use  of  their  hands  in  some  practical  work.  Xeither 
do  I  think  that  too  long  a  course  of  study  should  be  re- 
quired. 

I  therefore  return  this  resolve  without  my  approval, 
not  because  I  am  oj)posed  to  industrial  education,  but 
because,  as  I  have  stated,  —  I  do  not  believe  the  commis- 
sion ought  to  be  spending  its  time  on  the  formation  or  sug- 
gested formation  of  colleges  before  it  is  definitely  deter- 
mined what  the  industrial  schools  shall  be  and  before  they 
have  been  started  and  placed  on  a  good  basis. 

[To  the  honorable  senate  and  house  of  representatives,  June  11,  1908.] 

I  return  herewith  an  act  entitled  "  An  Act  relative  to 
employment  in  the  public  service  of  veterans  of  the  war 
with  Spain." 

This  act  provides  that  veterans  of  the  war  with  Spain 
shall  receive  emjiloyment  in  the  labor  service  of  the  com- 
monwealth and  in  certain  cities  thereof,  in  tlie  class  for 
which  they  make  application,  in  preference  to  all  other 
persons  except  women  and  veterans  of  the  civil  war,  pro- 
vided they  comply  wnth  certain  requirements  which  are 
common  to  all  male  applicants. 

The  labor  service,  so-called,  which  is  referred  to  in  this 
bill  applies  to  many  of  the  trades  positions,  illustrated  by 
carpenters,  blacksmiths,  drivers,  teamsters,  engineers,  fire- 
men, masons,  watchmen,  stablemen,  plumbers,  pavers,  etc., 
etc.  The  cities  involved  are  Boston,  Everett,  Xewton, 
Xew  Bedford,  Worcester  and  Cambridge,  and  the  total 
number  of  employees  who  are  in  this  classified  service 
amounts  to  about  eleven  thousand.  Last  year  the  number 
of  appointments  made  in  the  labor  service  of  the  diiferent 
cities  amounted,  from  October  1,  1906  to  September  1, 
1907,  to  2,005. 

This  act  provides  that  in  applications  for  this  work, 
other  requirements  being  equal,  veterans  of  the  Spanish 
war  shall  have  an  absolute  preference  over  all  other  classes 
of  applicants  except  women  and  veterans  of  the  civil  war. 
This  amounts  to  practically  placing  all  the  vacancies  that 
may  occur  in  these  positions  from  now  on  in  the  hands  of 
veterans  of  the  Spanish  war  if  they  decide  that  they  want 


920  Special  Messages. 

them.  This  is  not  a  percentage  preference  for  an  exam- 
ination for  a  certain  class  of  work,  but  is  an  absolute  pref- 
erence, which  debars  all  other  citizens  except  veterans  of 
the  civil  war  from  competition  with  those  men  who  were 
fortunate  enough  to  serve  in  the  Spanish  war. 

It  seems  to  me  that  this  is  very  unjust  to  the  enormous 
majority  of  our  laboring  men  and  to  all  the  citizens  of  the 
commonwealth  who  desire  employment  in  any  of  these  posi- 
tions to  which  I  have  referred.  If  men  have  been  em- 
ployed and  have  been  discharged  temporarily  or  otherwise, 
but  with  a  good  record,  they  would  not  be  able  to  get  back 
to  their  former  positions  if  veterans  of  the  Spanish  war 
were  competitors  with  them  for  the  jobs.  It  would  make 
a  special  class  in  our  citizenship  which  to  my  mind  would 
be  very  harmful  and  is  entirely  unwarranted.  I  have 
great  respect  and  admiration  for  the  men  who  volunteered 
for  service  in  the  Spanish  war.  They  were  patriotic,  loyal 
American  citizens,  and  there  were  about  twelve  thousand 
of  them  in  Massachusetts  who  were  accepted  as  volunteers. 
I  have  no  doubt  that  in  the  commonwealth  there  were  one 
hundred  thousand  men  who  would  gladly  have  gone  to  the 
Spanish  war  could  they  have  had  the  opportunity.  This 
does  not  detract  at  all  from  my  admiration  for  the  twelve 
thousand  who  did  go.  Those  men  who  went  were  not  to 
blame  because  they  were  not  subjected  to  the  rigors  and 
dangers  of  severe  battles,  for  they  would  willingly  have 
gone  into  them  had  they  taken  place,  but  fortunately  that 
sort  of  service  was  not  necessary. 

^Miile  they  were  perfectly  willing  to  go  into  these  dan- 
gers, they  did  not  have  an  opportunity,  and  to  give  them 
a  preference  over  all  the  other  citizens  of  Massachusetts 
except  veterans  of  the  civil  war  in  certain  classes  of  em- 
ployment because  they  were  patriotic  and  were  the  fortu- 
nate ones  to  be  selected  to  go  to  this  war  seems  to  me  very 
unfair  to  the  other  citizens  and  a  chea])ening  of  the  patriot- 
ism of  the  men  who  did  go.  They  now  are  entitled,  as 
they  should  be,  to  receive  pensions  from  the  United  States 
government  on  the  same  basis  and  for  the  same  reasons 
that  veterans  of  the  great  civil  war  receive  theirs,  but  I  do 
not  think  they  should  be  given  this  further  preference  in 
the  state  and  city  service  over  other  good  citizens  because 
of  their  patriotic  service  in  the  Spanish  war. 

I  therefore  return  this  bill  without  my  approval. 


CHANGE   OF   NAMES. 


CHANGE   OF  NAMES   OF  PERSONS. 


In  compliance  with  the  requirement  of  the  Revised  Laws,  chapter  154, 
section  14,  the  returns  of  the  following  Changes  of  Names  have  been  received 
in  the  office  of  the  Secretary  of  the  Commonwealth,  as  decreed  by  the  several 
Probate  Courts  of  the  Commonwealth  in  their  respective  counties :  — 


BARN.STABLE  COUNTY. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1907. 

.7:\n.       8, 
March  IZ, 
May     14, 
14, 
June    11, 
July       9, 

Ehzabeth  Warren  Maddox,*  . 
Virginia  P.  Calura,* 
Mary  Elizabeth  Shain,*  . 
Hovhanues  Toros  Torosyau,  . 
Charles  Gerald  Marsh,*  . 
Rachel  S.  Thompson, 

Elizaljeth  Warren  Thaclier,    . 
Virginia  P.  Rosa,     . 
Margery  Elizabeth  Conners,  . 
John  Toros  Theodore, 
Charles  Gerald  Johnson, 
Rachel  S.  Beckerman, 

Barnstable. 

Falmouth. 

Falmouth. 

Barnstable. 

Chatham. 

Bourne. 

BERKSHIRE  COUNTY. 


Jan. 

2, 

7, 

Feb. 

S, 

29, 

April 

3, 

3, 

3, 

3, 

17, 

May 

7, 

June 

15, 

20, 

July 

1«^, 

Sept. 

3, 

24, 

30, 

Oct. 

1, 

11. 

2t;, 

Nov. 

t)> 

6. 

Dec. 

4, 

Martha  B.  Stewart,* 
Marjorie  Allen,* 
Ruth  Stiles,*      . 
AValter  G.  Brown,*  . 
Clara  Esther  Tuton, 
Charlotte  Louise  Bennett, 
Richard  F.  Prendergast, 
James  J.  Prendergast, 
Artliur  Henry  Stiles,* 
Peterson  Maraviiiskv, 
Niles  Everest  Phillips,* 
Mary  Murry,*  . 
Leona  Pearl  Staples,* 
Ivan  Therren,* . 
Pauline  W.  Goodsell, 
Andrew  H.  Sweeney,* 
Beatrice  Pike,* 
Willie  Rehal,*  . 
Jane  Reid,* 
Thomas  Fitzgerald,* 
Lena  May  Harrington,* 
Earl  Hoxie,* 
Anna  Whitby,* 


Marjorie  Isa belle  Hinman, 
Marjorie  Jones, 
Ruth  E.  stiles  Kevnolds, 
.lenmie  .McDiilfcc  (..irland, 
Clara  Esther  Hiciiai'dson, 
Charlotte  Louise  Church, 
Richard  F.  Pender,  . 
James  J.  Pender, 
Arthur  Stiles  Piersou, 
Peter  Marvin,  . 
Niles  Everest  Engstroiu, 
Charlotte  Elizabeth  Hull, 
Leona  J^lizabeth  Tinuev, 
Ivan  O'Rell,       .        .     "  . 
Pauline  Whitlock,    . 
Andrew  Henry  Kalanquin, 
Beatrice  Pearl  Beedy, 
Frank  Chester  Pease, 
Ethel  G.  Mecum, 
Thomas  Fitzgerald  Cowell, 
Lena  Mav  Rathburn, 
Earl  Frank  Carr,      . 
Alice  Eva  Adams,    . 


Lebanon  Springs,  N.Y. 

Lee. 

North  Adams. 

North  Adams. 

North  Adams. 

Grafton. 

Dalton. 

Pittsfleld. 

North  Adams. 

Pittsfleld. 

Pittsfleld. 

StockbrLdge. 

Pittsfleld. 

Williamstown. 

Great  Barrington. 

Cheshire. 

North  Adams. 

Pittsfleld. 

Becket. 

Pittsfleld. 

Cheshire. 

Adams. 

Great  Barrington. 


BRISTOL   COUNTY. 


Jan. 

Feb. 


IS, 

8, 
15, 
15, 


Lena  Hall,* 

Bennie  Wilson, 

John  James  Derbyshire,. 

Lucy  Agnes  Ashton,* 


Lona  Grace  Naylor,. 
Hyman  B.  Bakst, 
Arthur  Ralph  Derbyshire, 
Lucy  Agnes  Ashton  Coogan, 


Taunton. 
Fall  River. 
Fall  River. 
Fall  River. 


Changed  by  reason  of  adoption. 


924 


Change  of  I^ames. 

BRISTOL  COUNTY  — Concluded. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1907. 

March   1, 

Avanelle  Arleine  Atherton,*  . 

Avanelle  Arleine  Lassell,  . 

Taunton. 

1, 

Marv  H.  Morse,* 

Mai\    1'..  Miirphv, 

New  Hedford. 

1, 

Medii  Alice  Hoye,*  . 

.Meda  Alici'  Linl-oln,    . 

Taunton. 

15, 

Georjje  A.  Pedro, 

(jeorge  Anthony, 

New  Bedford. 

15, 

Rayniouii  Francis  O'Malley,* 

Raymond  Francis  King, 

New  Bedford. 

April 

5, 

Katheriue  F.  Rourke,*     .    "    . 

Katlierine  F.  Rourke  Elliott, 

Fall  River. 

l'^, 

Minnie  W.  Cahoon,* 

Minnie  S.  Cahoon, 

Raynham. 

May 

3, 

Alice  Ferns  Gifford,* 

Alice  Ferns,         .... 

New  Bedford. 

3, 

Eliza  Turner,*  .... 

Eliza  Howarth,    .        .        .        . 

Fall  River. 

3, 

Norman  Francis  Pelletier,* 

Norman  Francis  Manchester,     . 

Fall  River. 

June 

21, 

Agnes  Donald,* 

H.n-ricf  Wadsworth,    . 

New  Bedford. 

21, 

Frederick  Uerthiaume,*  . 

Frederick  Myron  Giljbs,     . 

New  Bedford. 

21, 

Franklyn  Oldlield,* 

Franklyn  Ihiwc  Shepley,    . 

New  Bedford. 

July 

f>, 

Julia  Veronica  Chace,*    . 

Julia  X'cronica  Kivard," 

Providence,  R.  I. 

•'>, 

Anthony  Chace,* 

Antliony  Hivard, 

Providence,  R.  I. 

6, 

Laurettii  Ellen  Chace,*    . 

Lauretta  Ellen  Rivard, 

Bay  View,  R.  I. 

Aug. 

2 

Ana  Juaire,*     .... 

Ana  I'.alicii 

Taunton. 

Sept. 

«! 

Irene  Ellen  Manchester,  . 

Irene  Ellis  Macomber, 

Taunton. 

Oct. 

4, 

Ethel  Maud  French,* 

Ethel  Maud  .Seddon,    . 

Fall  River. 

4, 

Alice  Mildred  French,*    . 

Alice  Mildred  Seddon, 

Fall  River. 

11, 

Herman  Wilson,* 

Herman  Preston  Clark, 

Mansfield. 

Nov. 

1, 

Ethel  Iris  Colbeth,*. 

Ethel  Helen  Ellis, 

New  Bedford. 

1, 

Dorothy  Rowland,*. 

Dorothv  Linwood  Hersv,    • 

New  Bedford. 

8, 

Alice  Victoria  Yates,* 

Alice  \"i(toria  Butterfleld, . 

New  Bedford. 

8, 

John  Yates,*      .        .        .         . 

Jolin  Huttertield, 

New  Bedford. 

15, 

James  Pickup,  .... 

James  Britland,  .        .        .        . 

Fall  River. 

1.5, 

Angles  Alto  Snell,    . 

Frank  Alto  Snell, 

Fall  River. 

15, 

Harold  Adams,* 

Harold  North,       .         .         .         . 

Fall  River. 

Dec. 

6, 

Eli  S.  Weeman, 

Eli  V.  Weeman,    .         .         .         . 

No.  Attleborough. 

6, 

Margaret  Ann  Murphy,  . 
Ethel  Clara  Goodwin,"     . 

Margaret  Maud  Wordell,    . 

Fall  River. 

6, 

Ethel  Irene  Clara  Choquette, 

New  Bedford. 

6, 

Laura  May  Lord,*    . 

Laura  May  Rust, 

Mansfield. 

DUKES  COUNTY. 


Jan.     21, 


Quentin  Damberg  Jemegan, 


Edgarto^vIl. 


ESSEX  COUNTY. 


Jan. 


Feb. 


14, 

14, 

1", 

21, 

21, 

24, 

28, 

31, 

4, 

4, 

4, 


18, 
18, 

March  4, 
4, 
11, 
11, 
14, 
18, 
25, 

April     1, 


Hattie  Mina  Sabeans,*  . 
Marion  B.  Smith,*  . 
ISIay  Brewster  Canney,* . 
Theresa  Lucas,* 
Doris  May  Pettingell,*  . 
Marv  Emina  Leona  Boucher,* 
Gladys  Isabell  Coulter,*  . 
Marie  Pauline  Gilbert  Pepin,* 
Rose  Hunter,*  . 
Pauline  Phelps,* 
Eva  Annie  Pratt,*  . 
Allison  Brnndage,*  . 
Margaret  O'Malley,* 
Florence  .Vbbie  Twomey,* 
Carrie  Ida  Eaton,*  . 
Estella  Mav  Robinson,*  . 
Henrietta  (•''ranees  Andrews,* 
Addle  Frances  Tracv,*  . 
Sarah  AljbieShattuc'k,  . 
Ruth  Elin  Carlson,* 
Myrtle  May  Briggs,*- 
Mary  Erma  Barry,* 


Hattie  Mina  Norris,     . 
Marion  Lucy  Tufts,     . 
Jose|iliine  Arliiie  Scott, 
Theresa  Boudreau, 
Doris  .Ma\  Cookson,    . 
Mary  Emma  Leona  Perry, 
Florence  Laura  Buist,     "   . 
Marie  Pauhne  Gilbert  Labrie, 
Una  May  Blye,     . 
Pauline  Frances  Prince, 
Eva  Annie  Pratt  Dunnett, . 
Allison  Brundage  Raddin, . 
Margaret  Mary  McDermott, 
Fhireuce  Xl>bie  Thompson, 
Carrie  Ida  Eaton  Miles, 
Estella  May  Moulton, . 
Henrietta  Frances  McCaughan 
Addie  Frances  Pevear, 
Sarah  Abbie  Luscomb, 
Ruth  Margaret  Livingston, 
Mvrtle  :\Iay  Halstead, 
Gladys  Estella  Cossaboom, 


Lynn. 

Lynn. 

Dover,  N.  H. 

Gloucester. 

Methuen. 

Ipswich. 

Boston. 

Salem. 

Fall  River. 

Boston. 

Lynn. 

Saugiis. 

Lynn. 

Newburyport. 

Lvnn. 

Gloucester. 

Hamilton. 

Lynn. 

Marblehead. 

Boston. 

Rock  port. 

Somerville. 


*  Changed  by  reason  of  adoption. 


Change  of  Names. 


925 


ESSEX  COUNTY  — Concluded. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1907. 

April     1, 

Clara  Mabel  Townsend,* 

Clara  Mabel  Bartlett,  . 

Ameslniry. 

1, 

Lillian  H.  White,*    . 

Lillian  Helen  Saulnier, 

Il)swich. 

15, 

Thercsia  Florence  Sullivan,*  . 

Theresia  Florence  Carter,  . 

Methueu. 

15, 

Norman  Lyon,  .        .        .        . 

Norman  Ciutis  Lyon, . 

Methuen, 

15, 

Frank  Nci'dcr,* 

Frank  (ioldsmith. 

Marblehead. 

25, 

Emma  May  l>i>mmons,*  . 

Emma  May  White, 

Lawrence. 

May       6, 

Beniic  FcikTm-een,  . 

Bcrnif  Keder  Green,    . 

Swampscott. 

6, 

GertrucU'  Doiothy Federgreen, 

Gertrude  Dorothy  Feder  Green, 

Swampscott. 

6, 

James  Kc(l('r;;reen,  . 

James  Feder  Green,    . 

Swampscott. 

6, 

Irvinj,^  Fcderitreen,  . 

Irving  Feder  Green,    . 

Swampscott. 

6, 

Arthur  Liiidslev,*    . 

Arthur  Lindsley  Perry, 

Boston. 

6, 

Joseph  llarriniiton,* 

Josei>h  Harrington  Coleman,     . 

Lynn. 

6, 

Doroth>  Swinsdu,*  . 

Dorothy  Ada  Thumith, 

Salem. 

13, 

Gcorg-e  Arthur  Henry,*  . 

Paul  Arthur  Palmer,  . 

Beverly. 

20, 

Annie  R.  Chapman,*" 

AnnaCashman,  .        .        .        . 

Cambridge. 

June     3, 

David  Earl  Magowan,*  . 

Earl  Franklin  Brown, 

Haverhill. 

24, 

Albert  Federgreen,  . 

Albert  Feder  Green,    . 

Lynn. 

27, 

Francis  Chester  Houvie,* 

Francis  Chester  Frazier,     . 

Saugus. 

July       1, 

Lillie  Temple  Averill,*    . 

Lillie  Temple  Swasey, 

Haverhill. 

15, 

Edmund  Clell  Marshall,* 

Clell  Francis  Dikeman, 

Salisbury. 

15, 

Priscilla  White,*      . 

Ethel  Lillian  Maclean, 

Milford. 

15, 

Elizabeth  Spooner,* 

Glarlys  spooner  Davies, 

New  Bedford. 

25, 

Lucas,*    .        .        .        . 

Lucille  Francis  Ferris, 

Gloucester. 

29, 

Madeline  Ho^-ers,*    . 

Eldora  Marie  Langis, 

Lynn. 

Aug.      5, 

Isaliella  Teresa  Gallery,* 

Isabella  Teresa  Shaughnessy,    . 

Nahant. 

5, 

Annie  .b>liaiiseu,*     . 

Annie  Marie  Hammarback," 

Lynn. 

5, 

Berl  Lichtiiischain, . 

Bernard  Livingston,   . 

Lynn. 

5, 

Anna  Lea  Lichtenschain, 

Anna  Lea  Livingston, 

Lynn. 

5, 

Mary  Malka  Lichtenschain,    . 

Mary  Malka  Livingston,     . 

Lynn. 

S, 

Dora  Dena  Lichtenschain, 

Doia  Delia  Livingston, 

Lynn. 

Sept.      3, 

Vera  Abbie  Dennett,* 

Vfi-a  UiMHiett  Tabor,  . 

Haverhill. 

3, 

William  B.  Cohen,    . 

William  Ili-yceCowen, 

Salem. 

3, 

Abbie  R.  Cohen, 

Abliie  Rcihiian  Cowen, 

Salem. 

3, 

Ada  Maude  Marsh,  . 

Ada  Maude  Libby,       . 

Lvnn. 

9, 

Katherine  Kislier,*    . 

Katherine  Fisher  Strout,     . 

Nahant. 

9, 

Hazel  Viola  Rose,*  . 

Hazel  Viola  Colby, 

Lynn. 

9, 

Marie  Harriett  Rose,* 

Marie  Harriett  Colby, 

Lynn. 

9, 

Dora  Louise  lliltz,* 

Dora  Louise  Parke,"    . 

Martins  River 

N.S. 

9, 

Benjamin  Dubitskv, 

Benjamin  Bixby, 

Salem. 

23, 

Mary  Kllen  Morrill,. 

Mary  Kllen  Brown,     . 

Newburyport. 

30, 

Laura  Lillian  Brighani,* 

Laui-a  Lillian  Jacobs, 

Attleborough. 

30, 

Henrietta  Woodbury,*     . 

Sarah  Beokford,  .        .        .        . 

Aniesbury. 

Oct.        7, 

Mary  Flaherty,* 

Oliva  Dragon,      .        .        .        . 

Boston. 

7, 

Herbert  Rogers,* 

Fred  Kenuett  Howe,    . 

Boston. 

7, 

Charters,* 

Virginia  True  Crosby, 

Lynn. 

10, 

Eleanor  Grace  Grant,*     . 

,  Eleanor  (irace  Neweil, 

Lynn. 

14. 

Mary  D.  Ramos,* 

Mary  Ramos  Silva,      . 

Gloucester. 

17, 

Mildred  Stoddard,*  . 

Mildred  Crockett, 

Lynn. 

21, 

Mabel  Austin,*. 

Lenora  Irene  Barrett, 

Lyun. 

21, 

Mary  Reliecea  Ray,* 

Mary  Rebecca  Brooks  Bastian, . 

Nahant. 

Dec.      2, 

Francis  James  Distin, 

Charles  Francis  Murch, 

Peabody. 

2, 

Laura  Luella  Distin, 

Laura  Luella  Murch,  . 

Peabody. 

2 

Helen  G.  Kelley,*     . 

Hilda  Louise  Andrews, 

Salem. 

2,' 

Alice  D.  Rjiinos,*      . 

]  Alice  Ramos  Menghini, 

Gloucester. 

30, 

Lester  F.  Brady,*     . 

1  Lester  Fields  I'eabody, 

Salem. 

30, 

Emily  Franklin  Howes,  . 

j  Emily  Freeman  Howes, 

Lvnnlleld. 

FRANKLIN   COUNTY. 


Jan.     15, 

Emery  Augustus  Jennings,*  . 

Emorv  Charles  Haskins,     . 

Charlemont. 

April   16, 

Vina  Zo  Aiken,* 

Vina  'Zo  Tatro,     .... 

Orange. 

Mav       7, 

Marv  McCarthv,*      . 

Edith  Mav  Phelps,       . 

Monroe. 

21, 

Thoiiias  OMiara,*      .         .    '    . 

Thomas  Mr Lau-hlin,  . 

Erving. 

21, 

Henrietta  Morton  Kilev,  • 

Henrinta  Morton  Allen, 

Ash  field. 

June      4, 

MiUie  Edith  Aldrich,*      . 

Millie  Edith  Miller,      . 

Colrain. 

*  Changed  by  reason  of  adoption. 


926 


Change  of  Names. 


FRANKLIN  COUNTY  —  Concluded. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1907. 

June    IS, 

Aug.      6, 

Sept.      3, 

Oct.      29, 

-9. 

Nov.     19, 

19, 

lit, 

Dec.      17, 

Earl  Ernest  Dole,     . 
Iliizol  Sarah  Cobb,*. 
Gladys  Mario  I'ratt,* 
Georgifaiiiia  Florence  Morton,* 
Leon  Matlu'w   Morton,*    . 
Charles  Kdward  siiaw,    . 
Geor^'  Nicholas  Shaw,    . 
Louisa  Worrell  Shaw, 
Hayinond  Trudelle,* 

Earl  Ernest  Bardwell, 
Marion  Hazid  Sarali  Davenport, 
Charlotte  Kvelyii  Chase,     . 
Georgiana  Florence  IJarnish,     . 
Leon  Matthew  Barnish, 
Charles  Shaw  Browne, 
George  Nicholas  Browne,  . 
Louisa  Worrell  Browne,     . 
Raymond  liCslie  Coruwell, 

Greenfield. 

Colrain. 
,  North  field. 
1  Deerlield. 

Deerlield. 

Heath. 

Heath. 

Heath. 

Shutesbury. 

HAMPDEN  COUNTY. 


Jan. 

« 

Feb. 

fi, 

«, 

6, 

20, 

March 

6, 

20, 

April 

3. 

3, 

3, 

H, 

May 

1, 
1 

June 

."i, 

5 

rj 

19, 

July 

3, 

1". 

24, 

Sept. 

4, 

4, 

Oct. 

•2i 

If), 

Nov. 

6, 

fi, 

20, 

Josephine  Fellis,*    . 
Alice  Anderstroni,*. 
Marion  Williamson,* 
Raymond  Prescott  Keefe, 
Burton  Everett  Currier,* 
Stanley  Warren  Richardson, 
Patrick  Henry  Bowler,    . 
Evelyn   Joyce,  alias  Eveline 

Grant  Joyce,  alias  Eveline 

McKenney,*  . 
Dorothea  MacKay  Lee,*  . 
Kenneth  Carter  Lee,* 
Mary  Little,*     . 
Rose  Boucher,* 
Minnie  INIay  Habb,*  . 
Alice  Louise  Cordes,* 
Elizabeth  I'heland,* 
Jozef  Antos/.ewski,. 
Sheldon  Urooks,*      . 
James  Vincent  Hogan,     . 
Irene  Moline,*  . 
Corrine  Demcrs,* 
Mary  Kli/.abeth  ]Moylan,* 
Hariild  Uobinson,*    . 
Charles  Moline,* 
Georgianna  Juillett, 
Florida  I^illion,  alias  Florid 

Dilling,* 
Helen  INIay  Chandler,*     . 
Helen  Robec,*  . 


Josephine  Smith, 
Alice  May  Fuller, 
Marion  Kiith  Brown,  . 
Ra\  niond  Prescott  Blake, 
PuVtoii  Everett  Kellev, 
H.Hleric  Theodore  Antrim, 
Patrick  Ilenrv  Knowles, 


Evelyn  Mav  Davis, 
Dorothea  >iacKav  Bell, 
Ki'iinctli  Carter  Bell,  . 
Blanche  Alii-e  Laveuture, 
Rose  Mav  Dazelle, 
:\Iiiiiiie  May  Chandler, 
Clarice  (ieorira  Robblns, 
Dorothv  Klizabeth  Ilutton 
.roseiih'Aiithoiiy, 
C:harles  Sheldon, . 
.lames  Vincent,    . 
Marjorie  Louise  Kinch, 
Corrine  Gendreau, 
Annie  May  Patterson, 
Harold  .leVvais,    . 
Fredericli  Orrin  McCabc, 
Georgianna  Miller, 

Florida  Rousseau, 
Helen  May  Holconib,  . 
Murial  Fradet, 


Springfield. 

Agawam. 

Holyoke. 

Springfield. 

Hartford,  (;onn. 

Springlield. 

Holvoke. 


Ludlow. 

West  Springfield. 

West  S)iriTiglicld. 

Springlield. 

Chester. 

Springfield. 

Springfield. 

Springfield. 

Chicopce. 

Seattle,  Wash. 

Springfield. 

liolyolie. 

Springlield. 

Springfield. 

Chicoiiee. 

Wcstfield. 

Holyoke. 

Chicopee. 

Springfield. 

Springfield. 


HAMPSHIRE  COUNTY. 


Jan. 
March 


Mav 
July 

Sept. 
Oct. 


Annie  Josephine  Stlcknev,*    . 
Willard  Butler  Lane,*     . 
Jo6e])hine    A.   Kviteck,  alias 

Kvitek,* 

Bertha  E.  Kviteck, alias  Kvitek, 
Anna  L.  Kviteck,  alias  Kvitek,* 


Albert  Omer  Cote,*  . 
Louis  N.  Morin, 
Grace  Van  Dike,*     . 
Olive  alias  Ruby  Cook,* 


Annie  Josephine  Sears, 
Willard  Belden,  . 

Josephine  Anna  Leitel, 
Bertha  E.  Leitel, 
Anna  Lena  Leitel, 
Doris  Elizabeth  Bridge, 
Albert  Omer  Ames,     . 
Louis  N.  Simon,  . 
Grace  Beliveau,   . 
Ruby  Elizabeth  Johnson, 


Cummington. 
Hatfield. 

Easthampton. 
Easthampton. 
F^Mstliamptou. 
HazardviUe,  Conn. 
Willianisliurg. 
Noi-tliampton. 
Non  haniptoii. 
Northampton. 


Jan. 


2, 
8, 
18, 


MIDDLESEX  COUNTY'. 


Evelyn  Lefsky, 
Florence  Carr,* 
Mildred  H.  Warren,* 


Evelyn  Caler, 

Florence  Mary  Ellinger, 

Edith  Francis"  Dean,   . 


*  Changed  by  reason  of  adoption. 


Cambridge. 

Boston. 

Boston. 


Change  of  Names. 

MIDDLESEX  COUNTY -Continued. 


927 


Date  of 
Decree. 


Original  Name. 


1907. 

Jan.  21, 
22, 
22, 
22, 
23, 
2o. 


Feb. 


12, 
13, 
19, 
20, 
20, 
20, 
20, 
21, 
27, 
27, 
28, 
March  4, 
^, 
8, 
8, 


8, 
12, 
12, 
20, 
211, 
25, 
26, 
2ti, 
April     2, 


May 


11, 
13, 

16, 
17, 


Grace  Evelyn  Blood,* 
Milton  Ellsworth  Gillis,* 
Mary  Clough  Gove,* 
Anna  M.  Gunnison,* 
Agnes  Schuman  Carter,* 
Violet  Cole,* 
Goldie  V^.  Diffin,*      . 
Bertha  Buchanan,*  . 
Thomas  Francis  Keefe,* 
Mary  Rosanna  Brighain,  alias 

Rose  Alma  Brigliam,* 
William  \V:ilsh,* 
Ruth  Seavcrns,* 
Haiman  Wurtzlierg, 
Frederick  D.  Crow-ley,* 
Mary  Horsenian,*     . 
Donald  Hoyle,* 
Emm;i  (iiistalson,*   . 
Clareiii'c  llollirook,  * 
Pauline  s.uildniar,*. 
Philip  Gordon  Appleton, 
Sarah  Eva  Lyttle,*  . 
Henrietta  Lyttle,*     . 
Michael  Francis  Lowry, 
Carl  I  It'll  r\    Burns,    . 
Doris  Ktlicl  Kitchin, 
Rachel  Ellen  Kitchin, 
Kenneth    Wheelwright   Cum- 

mings,     . 


Lincoln  Cummings,. 
Ruth  Evelyn  Mero,* 
Florence  iVia son,*     . 
Annie  G.  Merrill,*    . 
Marguerite  Ford  Clinton 
Harriet  S.  Nutter,*   . 
Harold  Melvin  Taylor,* 
Grace  Lillian  Bateman,* 
Dorothv  Lind,* 
Max  Udelovitch, 
Myere  Udelovitch,    . 
Annie  Udelovitch,    . 
Fannie  Sadie  Udelovitch, 
Jennie  Lillian  Udelovitch, 
Harry  Louis  Udelovitch, 
Hymen  Isaac  Udelovitch, 
Philip  Udelovitch,    . 
Oscar  W.  Northstream, 
Evelynn  Quadros,*  . 
Grace  Miriam  Patten,* 
Arthur  Hayes,* 


>par- 


Robert   George    Henry 

row,* 
George  Roy  McDonald,' 
Mary  Gertrude  Cooke,* 
Louis  Sborowsky,    . 
Bessie  Sborowsliy,  . 
Louis  Isaac  Stavisky, 
Bridget  M.  Learv,    . 
Walter  Payson  lleavey,  * 
Lilhan  Agnes  Whiston,* 
Hibbard  Barron  Whiston,*      . 
Dorothy    Foote,    alias    Viola 

Arnott,* 

Bessie     Bailey,    alias     Edna 

Bailey,* 

Nellie  Brisbin,  .... 
Dorothy  Harrington,* 
Harriet  Lealaud  de  PiefFer,     . 
Ellen  Constance  B.  O'Reilly,  . 


Name  Decreed. 


Helen  Gertrude  Shaw, 
Milton  Ellsworth  Gillis McGrath 
Mary  Gove  Smith, 
Anna  M.  Loud,     . 
Dorothy  Ellen  Wood, . 
Caroline  Pulverreiter, 
Goldie  V.  Lewis, 
Miriam  Alden  Walker, 
Thomas  Francis  Slade, 

Rose  Elizabeth  Bernard,     . 
Herman  William  Vvhite, 
Riilh  r.ailfv, 
Samuel  Siinpson, 
Frederick  Council, 
Mary  Hoyen, 

Donald  take  Hutchinson,  . 
Helen  Pearson  Marks, 
Robert  Andrew  Ames, 
Margaret  Pauline  Cunningham 
Philip  Gordon  Corlis, . 
Sarah  Eva  Boggs, 
Henrietta  Boggs, 
William  Michael  Lowry,    . 
Charles  Henry  Burns, 
Doris  Richards  Kitchin,      . 
Rachel  Wentworth  Kitchin, 

Kenneth      Wheelwright     Cum 

mings  Torrey,   . 
Lincoln  Cummings  Torrey, 
Ruth  Evelyn  Moore,   . 
Pearl  Henderson  Potter,     . 
Annie  G.  Merrill  Hayes,     . 
Theodora  Marguerite  Poor, 
Harriet  Farrand  Hammer, 
Frank  INIclvin  DonnelJ, 
Grace  Lillian  DeChene, 
Dorothy  Lynch,  . 
Max  Lovett, 
Myere  Lovett, 
Aianie  Lovett, 
Fannie  Sadie  Lovett,  . 
Jennie  Lillian  Lovett, 
Harry  Louis  Lovett,    . 
Hymen  Isaac  Lovett,  . 
Philip  Lovett, 
Oscar  W.  Olsen,  . 
Leah  Marion  Parsons, 
Grace  Miriam  Cash,     . 
Arthur       Charles       Frederick 

KU<;herer 


Robert  Nelson  Wentworth, 
George  Roy  I'ringle,  . 
Alice  Marion  Norwood, 
Louis  Burrows,   . 
Bessie  Burrows,  . 
Louis  James  Palmer, . 
Delia  M.  Leary,    . 
Herbert  .Joseph  Cook, 
Lillian  Agnes  Boline, 
Hibbard  Barron  Boline, 

Annie  Viola  Coussens, 

Ednar  Pearl  Carter,    . 
Eleanor  Frances  Brisliin, 
Dorothy  Burnett  .Johnston 
Harriet  Lealand  Sewall, 
Ellen  Constance  Keaney, 


Residence. 


Everett. 

Lowell. 

Waltham. 

Saugus. 

Boston. 

Maiden. 

Somerville. 

Waltham. 

Framinghani. 

Hudson. 

Everett. 

Reading. 

Somerville. 

Waltham. 

Lowell. 

Middleborough. 

Boston. 

Lynn. 

Boston. 

Hainpstead,  N.H. 

Cambridge. 

Caml)ridge. 

Cambridge. 

Somerville. 

Maynard. 

Maynard. 


Bedford. 

Bedford. 

Quincy. 

Boston. 

Everett. 

Brockton. 

Bedford. 

Boston. 

Everett. 

Newton. 

Lowell. 

LoweU. 

Lowell. 

Lowell. 

Lowell. 

Lowell. 

Lowell. 

Lowell. 

Somerville. 

Everett. 

Littleton. 

Boston. 

Haverhill. 

Fiverett. 

Boston. 

Cambridge. 

Cambridge. 

Maiden. 

Lexington. 

Boston. 

Boston. 

Boston. 

Chelsea. 

Reading. 

Medford. 

Foxborough. 

Everett. 

Cambridge. 


Changed  by  reason  of  adoption. 


928 


Change  of  [N'ames. 

MIDDLESEX  COUNTY  — Continued. 


Date  of 
Decree. 


Original  Name. 


Name  Decreed. 


1907. 

May  2-2, 
28, 
29, 

June  4, 
4, 

11,' 
11, 
11, 
11. 
11, 

13, 
14, 
18, 
19, 
19, 
19, 
19, 
21, 


July 


26, 
28, 
9, 
9, 
9, 
11, 
13, 
16, 
16, 
25, 
30, 

Aug.  7, 
27, 

Sept.  18, 
23, 

Oct.  1, 
3, 
14, 
14, 
15, 
15, 
16, 
21, 

29, 

31, 

Nov.       4, 


Dec. 


well 


William  J.  Mallov,   . 
Mary  Airncs  Coulson,* 
Frank  Fii'ldin^'  Tavlor,* 
Fred  Milliken  Anjiell,* 
Fred  Robertson  Conilie, 
Piiilip  Raymond,*    . 
Grace  Do\vd,*   . 
Malxd  Harris,* 
Louise  Malaugh,*     . 
Mary  Florence  Lonergan,* 
Donald  Manning,  alias  Donald 

Smitli,*   . 
Edith  Dodson,* 
Almena  ISati's  Fyffe, 
Elizalictli  .T.  I'.oot,*  . 
Dorotliv  Wiijlit,* 
Ralpli  McDonald,*    . 
Florence  Marie  Tower,* 
Arcliie  Read,*  . 
Domingo  Lopez  Rodrigues, 
Louis  Tracbtenber; 
Ella  IL  Davis,* 
Alice  Reardon,* 
Viola*  )bev,  a  lias  Viola  Lo 
Helen  M.SIayton,*  . 
Edna  June  Sl'ayton,* 
Albert  Franklin  Smith, 
John  Bell  I'.lish, 
Martin  (iildions,*      . 
Elsie  May  Crauly,*  . 
Geraldiue  Cbiircbill,* 
John  Robert  Callagban, 
Alice  Marie  Packard, 
Isaac  Ravne  Adams, 
Eva  Mildred  Cole,*  . 
Lillian  Home,* 
Frank  Edward  Muse,* 
Julian  Ingram,* 
Florence  May  Pye,* 
Charles  Edward"  Pye,* 
Jessie  Gordon  Bixby, 
Joseph  Leo  Thibeault,* 
Herbert  Porteous,*  . 
Alice    Templey,    alias 

Jackson,* 
Frances  Cowland,*  . 
Mable  Grace  :\Ic('alhim, 
Ansel  G.  tunningbam, 
Philip  F.  Doberty,    . 
Katherine  F.  O'Day, 
Jennie  C.  Smith,     "  . 
Themistocles    Panikas 

crdjis, 
Elizabeth  Czap,* 
Howard  Barnes  Studlev, 
AVilliam  R.  Studlev,* 
Lillian  Bertha  Studlcy,* 
Annie  Scitz,*     . 
Ethel  Annie  Smith,* 
diaries       Orville       Johnson 

Bodreau, 
Bertha  Grace  I<ce, 
Edward  Wallace,  alias  David 

Wallace,* 
Christina  McDonald,* 
Grace  Maria  McDonald, 
John  McLellan  Foote,* 
Eleanor  Marsh,* 


Alice 


bem 


William  J.  Little, 
Mav  Annie  Davis, 
Frank  Tavlor  McEnrue, 
Paul  Frederick  Goodwin, 
Fred  K'olicrtsou,  . 
Pliiliii  I'.ridLtes,     . 
(iracc  Helen  Tobin,     - 
Maliel  Wartbam, 
Mildred  Cecilia  Fester, 
Violet  Marilla  Adams, 


Donald  Alexander  Macbeth, 

Edith  Grant, 

Eli/.aliclb  Fvffe,  . 

Eli/abctb  Boot  Page,  . 

Ruth  Bussie, 

Ralph  John  Hulslander, 

Florence  Priscilla  Moe, 

Archie  Hurlljurt  Adams, 

Domingo  Lopez,  . 

Levi  Gollon, 

Ella  Florence  Sutherland 

Alice  Kelly,. 

Viola  Lowell  Langmaid, 

Hazel  Miriam  Slayton  Johnson 

Edna  June  Slayton  Johnson, 

All)ert  Franklin  Caswell, 

.John  Blisb,  . 

^Martin  G.  Pendergast, 

.May  Agnes  Bruce, 

(iefaldine  Looniis  Wilson, 

Robert  (  allaghan  Gilbert, 

Alice  Marie  Richardson, 

Ravne  .\danis. 

Eva  Mildred  Rice, 

Margaret  Fr;nices  Home, 

Frank  Edward  Melanson, 

Julian  Butler, 

Florence  Mav  Hall,     . 

Charles  Edward  Hall, 

Jessie  Gordon, 

Joseph  Leo  Cot6, 

Herbert  Porteous  Smith, 

Alice  Stewart, 
Frances  Aurora  Lundin, 
Mable  Grace  Woodward, 
Ansel  G.  Campion, 
Philip  F.  Moran, . 
Katherine  F.  Flood,     . 
Jennie  Charlotte  Caswell, 

Themistocles  Panikas  Saddler 
Elizabetli  Gertrude  Gordon, 
Howard  Barnes  Monroe, 
William  R.  Monroe,     . 
Lillian  F$ertha  Monroe, 
Irene  Agnes  Westboff, 
Ethel  May  Stevens, 

Charles  J.  Grand, 
Bertha  Grace  Wilcox  . 

Edward  Lyons,    . 
Christina  McDonald  Lewis 
(Jrace  .NbDonald  Lewie, 
Wesley  Nelson  Hoyt,  . 
Eleanor  Berry,    . 


Newton. 

Boston. 

Xatick. 

Soinerville. 

Maiden. 

Soinerville. 

Belmont. 

Cambridge. 

Winchester. 

Newton. 

Somerville. 

Winchester. 

Newton. 

Lowell. 

Brookline. 

Boston. 

Quincy. 

Melrose. 

Cambridge. 

Somerville. 

Boston. 

Boston. 

Boston. 

Arlington. 

Arlington. 

Ayer. 

Newton. 

Lowell. 

Lowell. 

Everett. 

Lowell. 

Maiden. 

Cambridge. 

Wilmington. 

Boston. 

Woburn. 

Boston. 

Cambridge. 

Cambridge. 

Lowell. 

Lowell. 

Melrose. 

Everett. 

Boston. 

Holliston. 

Everett. 

Somerville. 

Waltham. 

Ayer. 

Maiden. 

Arlington. 

Maiden. 

Maiden. 

Maiden. 

Boston. 

Fitchburg. 

Lowell. 
Lowell. 

Boston. 

Lowell. 

TiOwell. 

Worcester. 

Boston. 


*  Changed  by  reaBon  of  adoption. 


Change  of  ]^ames. 

MIDDLESEX  COUNTY  — Concluded. 


929 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1907. 

Dec.       6, 

Mary  Jeanette  Slinev,*    . 

Laura  Emily  Brown,  . 

Boston. 

9, 

Josephine  Marshall,* 

Josephine  Williams  Jsowell, 

Salisbury. 

1-'. 

Evelyn  Marion  Hamilton,* 

Evelyn  Marion  Adams, 

Boston. 

13, 

Julia     Marvin     Hutton     niie 

Downes,          .... 

Ella  Elizabeth  Hutton, 

Everett. 

14, 

Maurice  Millionthaler,     . 

^Maurice  Milontaler,     . 

Somerville. 

IS, 

Earle  Phillips  Cochran,  . 

Earle  I'hillips  Parker, 

Somerville. 

IJ^, 

Wihfred  McLean.*    . 

Paul  Kiuiiwtill  Moore, 

Stoughton. 

20, 

Thelma  Loretta  Bryant,* 

Thelma  Loretta  Perrv, 

Xewton. 

26, 

Evelvn  Mav  Crockett,*    . 

Evelvn  Crockett  Haniblen, 

^Mavnard. 

28, 

Hattie  Idora  Keown, 

Hattie  Idora  Heusluiw, 

Wakefield. 

30, 

Harrv  Thorpe 

Harrv  Simpkins  Thorpe,     . 

Somerville. 

31, 

Parker  liillis 

Joseph  Rudolph  Leger, 

Waltham. 

NANTUCKET   COUNTY. 


Jan.      10, 
Aug.    22, 


Elizabeth  L.  Chadwick,* 
Phyllis  West,*  . 


EUzabeth  L.  Sylvia, 

Phylhs  Wilkes,    . 


Nantucket. 
Nantucket. 


NORFOLK   COUNTY. 


Jan. 

o 

23 

Feb. 

6 

March  13, 

27, 

April 

3 

17 

24 

May 

8 

•)•/ 

22 

June 

0. 

.'i 

19, 

July 

24 

24 

24 

24 

24 

24 

Sept. 

4 

Oct. 

9, 

Nov. 

20 

Dec. 


Roger  James  Williams,    . 
Robert  Elphic  Ericson,*  . 
Frederik  Meerloo,     . 
Basil  L.  Tabbutt,*    . 
Jennie  Green,* 
Mabel  Agues  Gertrude  Gage,* 
Millie  Frances  Babcock,  . 
Gladys  Elizabeth  Vickery,* 
Grace  Adams,*         .        '. 
Irene  Frances  Gage,* 
Orrin  Arnold  Fogg, 
Margeret  Catarius,* 
Marion  Edmunds,*  . 
Howell  Hitchcock  Maynard, 
Joseph  W.  Posthauer, 
Mildred  .1.  Posthauer, 
Grace  M.  Posthauer, 
Elizabeth  O'Connell,* 
Myer  Abrahams, 
Lillian  J.  Sangster,* 
George  Donovan,*    . 
Mattie  May  Hanson,* 
Josephine  Oakes,*    . 
George  Mahata, 
IreneFox,* 


Roger  Williams,  . 

Ralph  Elphic  Powdrell,      . 

Frederik  van  Merlo,    . 

Basil  L.  Delano,  . 

Vera  Bisbee, 

Mabel  Agnes  Gertrude  Bourne 

Mildred  Frances  Babcock,  . 

Gladys  Elizabetli  Rhoades, 

Dorotliea  Pcarce, 

Irene  Gage  Southwick, 

Arnold  Thayer,    . 

Margeret  Katherine  Ingram, 

Thehna  Burpee  Marsters,  . 

David  Howell  Maynard, 

Joseph  W.  Post,  ." 

Mildred  J.  Post,  . 

Grace  M.  Post,     . 

Mary  Elizabeth  Hickej-, 

Myer  Abrams, 

Lillian  J.  Gonian, 

Charles  Edward  Duifey,     . 

:Muriel  May  Badger,    ." 

Mary  Josephine  Duffey, 

George  ElUs, 

Juditli  EUesner  Mann, 


Canton. 

Randolph. 

Quiucy. 

Quincy. 

Milton. 

FraukUn. 

Dedham. 

Sharon. 

Quincy. 

Brookline. 

Randolph. 

AValpole. 

Norwood. 

Dedham. 

Brookline. 

Brookline. 

Brookline. 

Walpole. 

Brookline. 

Bellingham. 

Canton. 

Quincy. 

Canton. 

Dedham. 

Randolph. 


PLYMOUTH   COU'NTY. 


Feb. 

11 

H, 

IS 

2.T 

Marct 

2.T 

25 

May 

13, 

27 

June 

24 

24 

Florence  HaU,* 
William  Cliarlea  Stegmaier, 
Rose  Her  get,*   . 
Paul  Albert  Williams,* 
Ernest  Malcolm  Stiles,* 
Marv  Ellt'H  Shea,*    . 
Ruth  Ethlyn  Miller,* 
Gertrude  Richardson,* 
Rol)ert  llirsliovitz,    . 
AVilliam  Hamilton,*. 


Florence  Magdalene  Smith 

William  C.  Krauss, 

Rose  Siever, . 

Frank  Gurnev  Erskine, 

Ernest  Malcolm  Hall, 

Nellie  Iniogene  Foster, 

Ruth  Ethlvn  Flannery, 

(iertrudo  burns,  . 

Robert  Hirsh, 

Shelton  Edward  Doane, 


Brockton. 
Plymouth. 
Plymouth. 
Brockton. 
Brockton. 
AVhitman. 
Brockton. 
Brockton. 
Brockton. 
Brockton. 


*  Changed  by  reason  of  adoption. 


930 


Change  of  Names. 

PLYMOUTH  COUNTY  —Concluded. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1907. 

Julv     15, 

Aug.     26, 
26, 
26, 

Nov.     25, 
25, 

Dec.     23, 
23, 
23, 

Cliarles  Morris,* 

Liz/.ie  F.  Rogers, 

Kuth  L.  Terrv,* 

lioliort  Handoliih  Guile,* 

Ernest  Edward  Burns,*  . 

Gordau  IMarsliall,*    . 

lues  Maury,*     .... 

John  Raymond  Cameron,* 

Edward  "J.  Douahue,* 

Charles  Bouchard, 
Elizabetli  F.  Rogers,  . 
Ruth  L.  Wade,  ". 
Roiiert  Randolph  Stephenson, 
Ernest  Edwaxi  Uansden,   . 
Fred  Gordan  Keith,     . 
Inez  Marion  Cederholm,     . 
John  Raymond  Knight, 
Edward  Joseph  Labelle,    • 

Plymouth. 

Marshfield. 

West  Bridgewater. 

Whitman. 

Broclitou. 

Middleborough. 

Abinglon. 

Brockton. 

Brockton. 

SUFFOLK  COL^NTY. 


Jan. 

3, 

Mary  Nol)le,*    .... 

Mary  Curry,         .... 

Lowell. 

3, 

Charles  Rosenblum, 

Charles  George  Russell, 

Boston. 

3, 

Israel  Youngelson,   . 

Israel  Young,        .... 

Boston. 

3, 

Sarah  Youngelson,  . 

Sarah  Young,       .... 

Boston. 

3, 

Jacob  M.  Frischberg, 

Jacob  M.  Frost,    .      ,  . 

Boston. 

3, 

Louis  W.  Schiller.    . 

Louis  Schiller  Cantor, 

Boston. 

3, 

Cora  A.  Hatch, 

Cora  A.  Dodge,    .... 

Boston. 

10, 

Freida  Chadorowsky, 

Freida  Clayton,    .... 

Boston. 

10, 

Harry  Chadorowsky, 

Harry  Clayton,    .... 

Boston. 

10, 

I'Mward  Earle  Ilogeiioom, 

E^dward  Hogeboom  Earle, . 

Boston. 

10, 

Henry  Fi'ancis  Jian-ingtou,*  . 

Walter  Francis  Dunn, 

Revere. 

10, 

Mildred  Frances  Adanison,*   . 

Mildred  IJugeu 

Boston. 

IV, 

Annie  Woloshansky, 

Annie  Wallas,      .... 

Boston. 

17, 

Morris  David  Woloshansky,  . 

Morris  David  Wallas,          .    '    . 

Boston. 

IT, 

Ethel  Leona  Louth,* 

Ethel  Elizabeth  Woodsum, 

Boston. 

17, 

Goldie  Sosuoski, 

Goldie  Sumner 

Boston. 

17, 

Juliet  Sosnoski, 

Juliet  Sumner 

Boston. 

17, 

Rebecca  Sosnoski,    . 

Reba  Sumner,       .... 

Boston. 

17, 

Michael  Melamed,    . 

Michael  Shcolmick,      . 

Boston. 

17, 

Mary  M.  Stafford,     . 

^lary  M.  I^ucker, 

Boston. 

24, 

Hadie  Isabelle  Schoessler,*     . 

Had"ie  Isabelle  Clifford, 

Somerville. 

24, 

Wilhelmina  Little  Stewart,*    . 

Barliara  Gates  Everett , 

Boston. 

31, 

Gertrude  Murphy,*  . 

Gertrude  Norley, 

Boston. 

31, 

Lois  E.  Walsh,*  "... 

Dorothy  Estella  Morrison, 

Boston. 

31, 

Anliur  F.  Kirk,* 

Arthur" Frank  Rol)inson,     . 

Chelsea. 

Feb. 

7 

Josephine  Ward,*    . 

Mary  Rel.e  llnijihy,     . 

Boston. 

7, 

Esther  Anderson,*   . 

Constance  Maiisiield,  . 

Boston. 

Bvron  Parks,*      ... 

Byron  Waller  Bean,    . 

Boston. 

7 

John  J.  O'G.  McBride,    . 

John  J.  O'Gorman, 

Boston. 

8, 

Margaret  Flvnn, 

Margaret  Mahoney,     . 

Boston. 

s>, 

Alice  Maud  Brown, . 

Alice  Maud  Ingoldsby, 

Boston. 

14, 

Alonzo  Shellnut,  alias  Everett 

Morrill,*          .        .        .        . 

Everett  Morrill  Gauley, 

Boston. 

14, 

ISIorris  Kitacwitch,  . 

Morris  Joseph  Kittrid'ge,    . 

Boston. 

14, 

James  AV.  We1>ster,* 

.James  William  Walsh, 

Brockton. 

14, 

Adeline  Elizabeth  Littlefield,* 

Adeline  Elizabeth  Gardner, 

Boston. 

21, 

Fred  Dufour,  alias  Fred  San- 

tre,* 

Frank  William  Harney, 

Holyoke. 

21, 

Simon  Goldstein, 

Simon  Steincr,      .... 

Boston. 

21, 

Morris  Wilbur  Torrey,* 

JIaurice  Wilbur  Young, 

Boston. 

21, 

INIartin  E.  lmi)arato, " 

Martin  Eugene  Adamo, 

Boston. 

21, 

Morris  Miroslafskv, 

ISIorris  Morrison, 

Boston. 

21, 

Rebecca  Miroslafsliy, 

Rebecca  Morrison, 

Boston. 

21, 

Gerry  AVarshawsky", 

Gerry  Warshaw, 

Boston. 

21, 

Yetta  Warshawsky, 

Yetta  Warshaw 

Boston. 

21, 

Sone  Johnson,* 

Sone  May 

Chelsea. 

21, 

Chester  Alan  Waldron,* 

Chester  Alan  French,  . 

Boston. 

28, 

Aleck  Czarlinsky,    . 

Aleck  San  ford  Carver, 

Boston. 

28. 

Albert  Tliompsou,*  . 

Alljcrt  G.  Rydberg,     . 

Boston. 

March  7, 

Victor  H.  Tarllnsky, 

Victor  Harris  Tarlin,  . 

Boston. 

7, 

Leslie  C.  Fay,  . 

Leslie  C.  Westf.-dl, 

Boston. 

7, 

Minnie  Richards,*    . 

JNIinnie  Vanarkey, 

Boston. 

21, 

Closes  Sobotka, 

Henry  Kirwan  Gilraau, 

Boston. 

*  Changed  by  reason  of  adoption. 


Chaxge  of  [NTames. 

SUFFOLK  COUNTY  — Continued. 


931 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1907. 

March  21, 

Cliarles  Wertselensljy,     . 

Charles  Harris,    .... 

Boston. 

'-21, 

Raymond  Sawyer,*  . 

Raymond  Dearborn,   . 

Boston. 

21, 

Marion  Sliillady,*     . 

Marion  Edna  Cowan,  . 

Bostou. 

2-2, 

Lizzie  Belle  Eaton,  . 

Isabel  Eaton 

Boston. 

28, 

Frances  Carter,* 

Hazel  Frances  Laurence,    . 

Chelsea. 

28, 

Mary  Stanley,* 

Mary  Maljel  Bryar,     . 

Bostou. 

28, 

Clover  L.  I'ercival,  . 

Clover  L.  Sibley, 

Boston. 

28, 

Henry  D.  Brown,     . 

Henry  Brown  Hamlin, 

Bostou. 

28, 

Katlierine  M.  Hennessey, 

Katherine  M.  Emerson, 

Chelsea. 

28, 

Doris  Eu^ienie  Smitli,*     . 

Doris  Eugenie  "NVildes, 

Bostou. 

28, 

Mellia  Marie  Bridgliam,* 

INIelba  Marie  Bragg,    . 

Boston. 

April     4, 

Dorothy  Finney,*     . 

Doi-othy  Holden, 

Boston. 

4, 

Allicrt.'illayes,* 

Alberta  Hayes  Lynch, 

Boston. 

10, 

Ella  Lucrct'ia  Itedonnet,* 

Ella  Lucretia  Pingree, 

Boston. 

11, 

Jennie  Wallis  Waldrou  Ban- 

croft,        

Jane  Wallis  Waldron  Bancroft, 

Boston. 

11, 

Anthony  Peter  Herbert,* 

Herbert  Theodore  Richards, 

Northbridge. 

11, 

Marv  Swi'enev,* 

^lary  Gertrude  Doran, 

Lawrence. 

11, 

AVilliani  Morris,* 

Roy"Morris  Delaney,  . 

Bostou. 

11, 

Tlioniaa  Marshall  Davis,* 

Thomas  Marshall  Chalmers, 

Boston. 

11, 

Marv  E.  White,* 

Mary  Elga  Cater, 

Chelsea. 

18, 

AnnReid,*        .        .        .        . 

Helen  AA  inning  Bremner,  . 

Bostou. 

18, 

Elizabeth  Adams,*  . 

Mary  Louise  McCarthy,     . 

Bostonr 

18, 

Donienic  Mannuccia,* 

Donienic  Marchesi, 

Boston. 

18, 

Ednar  Au,i,'ustus  Oliver,  . 

Edgar  Augustus  Carleton,  . 

Boston. 

25, 

Don  Earl  Welcher,  . 

Don  Earl  Phinney, 

Boston. 

25, 

Irene  Anna  Nimmo,* 

Irene  Anna  Redmond, 

Boston. 

May       2, 

Lizzie  D.  Lincoln,    . 

Elizabeth  D.  Lincoln  , 

Bostou. 

2, 

Beatrice  Sturtevant,* 

Dorothy  Beatrice  Achorn, 

Boston. 

2, 

Janet  McFarcjuhar  Reed,* 

Janet  McFarquhar  Reed 

McKeever,         .... 

Boston. 

2, 

Dorothy  Dodge,* 

Dorothy  Coles,     .... 

Boston. 

2, 

Roljort  Elliott  Cobb,* 

Robert  Cobb  Elliott,    . 

Bostou. 

9, 

Arthur  Kelley,  .        .        .        . 

Arthur  Baxter 

Boston. 

9, 

Lucy  L.  Kelley, 

Lucy  L.  Baxter,  .... 

Boston. 

9, 

Thomas  A.  Kelley,    . 

Thomas  A.  Baxter, 

Boston. 

9, 

AViunifred  Kelley,    . 

Winnifred  Baxter, 

Boston. 

9, 

.John  M.  Corrigan,    . 

Harry  Bennett 

Boston. 

9, 

Amelia  Putikka,*      . 

RuthMcKenney 

Boston. 

9, 

Isadora  Amanda  Lynch,* 

Dorothy  Tyson 

Salem. 

9, 

Lena  Butman,  .        .        .        . 

Lena  Ehrlich 

Bostou. 

9, 

William  Vensky, 

William  Andrukaitis,  . 

Boston. 

9, 

Carmine  Nazzaro,*  . 

Ippolisto  Gentile, 

Boston. 

15, 

Mary  Angela  ( )'Brien,*   . 

Mary  Gertrude  Patten, 

Boston. 

16, 

Alice  Agatlia  Derby,*      . 

Alice  Derby  Blanchard,     . 

Boston. 

16, 

Allie  Arthur  Silversteln, 

Alfred  Arthur  Siltou,. 

Boston. 

16, 

Fannie  Gittvl  Silversteiu, 

Fannie  Gittel  Silton,   . 

Boston. 

16, 

Morris  Silverstein,   . 

Morris  Isaac  Silton,    . 

Boston. 

23, 

Henry  Rosenthal,     . 

Henry  Rose,         .... 

Bostou. 

23, 

Lucy  A.  Skerry, 

Lucy  Annabellc  Bentley,   . 

Bostou. 

23, 

Eva  Louisa  Liibitzky,     . 

Kva  Louisa  Lubit, 

Bostou. 

23, 

Mayer  Louis  Lubitzky,   . 

Mayer  Louis  Lubit, 

Boston. 

23, 

Harold  Miller  Prouty,*   . 

Harold  Miller  Chapin, 

Boston. 

23, 

Katherine  Marie  Mcbermott,* 

Catherine  INlary  ;\Ioore, 

Peabody. 

25, 

Frederick  Huntington  Reed,* 

Frederick  Ransford  White, 

Boston. 

28, 

Louis  Whitaker,*     . 

Frederick  Henry  P'lynn,     . 

Boston. 

31, 

James  Thomas  Kelley,    . 

James  Templeton  Kelley,  . 

Boston. 

June     6, 

Isadore  Pinto,* 

Isadore  P.  Klous, 

Bostou. 

6, 

Annie  May  Ilogan,  . 
George  Edward  Hogan,  . 

Annie  iMav  Hunt^ 
George  Edward  Hunt, 

Boston. 

6, 

Boston. 

6, 

Sophie  Osithe  Butler  Williams 

Sophie  Osithe  Butler, . 

Boston. 

6, 

Victoria  Johnson,*  . 

Victoria  Warren, 

Boston. 

13, 

Eliza  Thomasine  Draper, 

Lida  T.  Draper 

Boston. 

13, 

Everett  F.  Aldridge,* 

Basil  Carver,        .... 

Boston. 

13, 

Myrtle     Gertrude     Andrews 

Stephens,*      .        .        .        . 

Hazel  Leona  Wilcox, . 

Bostou. 

20, 

Albert  F.  Sullivan,  . 

Albert  F.  S.  Mahegan, 

Boston. 

20, 

Gertnide  Warner,*  . 

Gertrude  Alfrida  Kelson,  . 

Charlemont. 

*  Changed  by  reason  ot  adoption. 


932 


Change  of  ^N'ames. 


SUFFOLK   COUXTY  — Contiuiied. 


Date  of 
Decree. 

Original  Name.                                      Kame  Decreed. 

Residence. 

1907. 

1 

June    -20, 

Helen  SuUivau,* 

Helen  Greene 

Boston. 

27, 

llervey  ITazen  Brown,    . 

Robert  Hervey  Brown, 

Boston. 

o- 

Paul  Strautl  Cushman,    . 

Paul  AUertou  Cushman,     . 

Boston. 

27', 

Irl.i  Augelevitz, 

Ida  Angel,    . 

Boston. 

"27 

Marks  Angelevitz,    . 

Marks  Angel, 

Boston. 

July      0, 

TJnssell  Chester  Davidsoi 

1,*    '• 

Russell  Chester  Hobbs, 

Boston. 

0, 

Charles  Bar  Brodsky,      . 

Charles  Bar  Broad,     . 

Boston. 

5, 

Rose  Brodsky,  . 

Rose  Broad, 

Boston. 

5. 

Lawrence  E.  Clary,* 

Lawrence  Albert  Bond, 

Boston. 

5, 

Madeline  Crowley',* 

iMadeline  Clapp,  . 

Boston. 

5, 

Dorothy  De  Voe,*    . 

Dorothy  Geneva  Sullivan,. 

Boston. 

5, 

Frank  E.  Rumph,*  . 

Frank  E.  Rumpf, 

Boston. 

11, 

Ernestein  Tellier,*  . 

Alice  Ernestine  Corsick,    . 

Boston. 

11, 

l»avid  Warsavsky,  . 

David  Warren,    . 

Chelsea. 

11, 

Max  S.  Warsavsky,. 

Max  S.  Warren,   . 

Chelsea. 

11, 

Hose  Warsavsky, "    . 

Rose  Warren, 

Chelsea. 

11, 

Simon  L.  Warsavskj', 

Simon  L.  Warren, 

Chelsea. 

11, 

Florence  Nelson,*     . 

Florence  Nelson  Whittemo 

"C,      . 

Chelsea. 

11, 

William  Tarlinski,   . 

William  Tarlin,    . 

Boston. 

11, 

Olive  Lowe,*     . 

Gladys  Dora  Grossman, 

Revere. 

11, 

Abba  Emeline  Lehto,* 

Emily  Lohman,    . 

Norwood. 

11, 

George  Francis  Sullivan,  alias 

-  George  Francis  Bush,* 

Arthur  Edward  McI.,eod, 

Boston. 

18, 

Leon  P.  Dlugokeski, 

Leon  P.  Leonard, 

Boston. 

IS, 

ilaude  B.  3Iorrish,   . 

Maude  B.  Titus,    . 

Boston. 

18, 

Muriel  Gilbert,* 

:\[uriel  Marion  Job,      . 

Boston. 

•25, 

Rosie  Seidenshner,   . 

Rosie  Sawyer, 

Boston. 

'23, 

Simon  Seiden.^hner, . 

Sam  Sawyer, 

Boston. 

26, 

Mary  Medunda,* 

Mary  Owen, 

Boston. 

27, 

Esther  B.  Bradley,* 

Esther  B.  Pool,    . 

Boston. 

29, 

John  Garner  Ames,* 

Riiymond  Garner  Hoitt, 

Boston. 

Aug.    1.1, 

Elizalieth  Eunes, 

Elizabeth  .Jesser, 

Revere. 

l.j. 

Bernice  E.  Anderson,* 

!  Bernice  E.  A.  Pike, 

Boston. 

1.1, 

Louis  C.  McCarthy, . 

Louis  C.  Thomas, 

Winthrop. 

1.5, 

Morris  Zolondz, 

Morris  Levin, 

Boston. 

15, 

William  I.  Shilevsky, 

William  I.  Schell, 

Boston. 

1.5, 

George  Burton,* 

Giovani  Giorgio  Grande, 

Boston. 

15, 

Rosa  Sapareto,* 

Rosa  Josephine  Certo, 

Haverhill. 

15, 

Charles  F.  Kozeluh, 

Charles  F.  Costello,     . 

Boston. 

1,5, 

.John  L.  Kozeluh, 

.John  L.  Costello, 

Boston. 

Sept.      3. 

William  Louis  DeGrasse 

* 

William  Louis  Paul,   . 

Boston. 

5, 

Louis  Blockliovwitz, 

Louis  Berkowitz, 

Boston. 

5, 

Katie  Blockliovwitz, 

Katie  Berkowitz, 

Boston. 

5, 

(ieorge  .Joseph,* 

George  .Joseph  Deeb,  . 

Boston. 

5, 

Alfrida  Pike,*  . 

Alfrida  Barrett,  . 

Boston. 

11, 

Ester  Levinsky, 

Ester  Ellis,  . 

Boston. 

11, 

Henry  Levinsky, 

Henry  Ellis, 

Boston. 

12, 

Alton  Stetson,  *". 

Paul  Daniel  Gillis, 

Rockland. 

12, 

Thomas  Herbert  Bowie, 

Thomas  Herbert  Gordon, 

Boston. 

I'J, 

Fred  S.  Curtis,  . 

Fred  Stephen  Butler,  . 

Revere. 

19, 

Helen  O'Connell,*     . 

Helen  Eudey, 

Boston. 

19, 

Marion  .Jessie  Ben  way,* 

Marion  Jessie  Raymond, 

Boston. 

2'J, 

Nahum  S.  Gornitsky, " 

Nahum  S.  Gorn,  ." 

Boston. 

Oct.        3, 

Ruth  B.  Webber,*     . 

Ruth  Churchill  McCauslan 

d,      '. 

Salem. 

3, 

Harold  Francis  Jenery,* 

Francis  MacKeigan,    . 

Boston. 

3, 

Timothy  Sweeney,*  . 

.Josepli  Aloysius  Waters, 

J?oston. 

10, 

Alexander  Philip  Wadsw 

orth. 

Pliilip  Wadswortl), 

Boston. 

17, 

Hermon  C.  Grandfield, 

Herman  Cooper  Keen, 

Boston. 

17, 

Russell  Stanley  Fisk,* 

Russell    Charles  Richard 
sons,. 

Par- 

Boston. 

17, 

(ieorge  Gambloy,*    . 

Frank  George  Large, . 

Revere. 

23, 

.lose,  1  bine  Downey,* 

Joseiiliine  Bracken,     . 

Boston. 

23, 

Aniev  Morrison,*"    . 

N'ina  Louise  Prescott, 

Boston. 

24, 

lleUh  Kdith  Haynes,* 

Helen  Edilli  Curtis,     . 

Boston. 

24, 

(ioldie  Silverslein,    . 

(ioblie  Gill)ert,     . 

Boston. 

24, 

Beru.ird  Silverstein, 

Bernard  Gilbert,. 

Boston. 

24, 

Beatrice  Hawley,'    . 

Eleanor  Lay  Wright,  . 

Boston. 

24, 

Arthur  King,*  . 

Donald  Dutton,    . 

Boston. 

Changed  by  reason  of  adoption. 


Change  of  Names. 

SUFFOLK  COUNTY  — Concluded. 


933 


I>ate  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

190~. 

Oct.       2G, 

Roy  Gordon  Coish,* 

Roy  Gordon  Cuitis,     . 

Boston. 

26, 

Adam  Louis  Piaunett,*   . 

Loliia  Plannett  Stafford,     . 

Boston. 

26, 

Joseph  Buhner,* 

Joseph  Ryan 

Boston. 

26, 

Evelyn  Byrne,* 

Evelyn  O'Brien,  .... 

Boston. 

31, 

Priscilla  Leone,* 

Elsie"  Leonia  Belrose,. 

Boston. 

31, 

Charles  Philipson,   . 

Charles  Phillips, 

Boston. 

31, 

Ine  Philiijson,  .... 

Walter  Phillips,  .... 

Boston. 

31, 

Sarah  Leah  Philipson,     . 

Sarah  Leah  PhiUips,  . 

Boston. 

31, 

Abraham  Saul  Cohen, 

Abraham  Saul  Caigan, 

Boston . 

31, 

Israel  Cohen 

Israel  Caigan,      .... 

Boston. 

Nov.       7, 

Harry  B.  Greenlierg, 

Harry  B.  Berger, 

Boston. 

7, 

Bessie  R.  Greenberg, 

Bessie  R.  Berger, 

Boston. 

7, 

Marv  Sullivan 

Mai-y  Halev,         .... 

Boston. 

7 

Herbert  11.  Hiclis,*  . 

Walter  H.  Wesley, 

Boston. 

7, 

Marrellus  Henry  McElroy,*    . 

Marcellus  Henry"  Gilmore,. 

Boston. 

7, 

Paul  Tlioinas  Warner,*   . 

Paul  Thomas  Roberts, 

Barnstable. 

11, 

Odeno  Fi-itz,      .... 

Allan  Loraine  Drew,  . 

Boston. 

13, 

Elizabeth  Allen  Ordway,* 

Elizabeth  Schaufller,  . 

Boston. 

li, 

Harry  Klucliiusky,  .      "  . 

Charles  Gould 

Boston. 

14, 

Annie  Rubin,  alias  Boodney,* 

Annie  Frank,        .... 

Boston. 

14, 

Elizabeth  Anselevieh, 

Elizalieth  Ansell, 

Boston. 

14, 

Solomon  Hymau  Auselevich, 

Solomon  Hyman  Ansell,     . 

Boston. 

14, 

Lucy  McGiii,*  .... 

Lucy  Helen  I'otter, 

Melrose. 

14, 

Emiiia  Annie  Wallace,*  . 

Emma  Annie  Hilton,  . 

Boston. 

21, 

Bertha  McLeod, 

Bertha  Greenl)urg, 

Revere. 

30, 

SmuUer,* 

Wistena  Cosendino,     . 

Boston. 

Dec.       5, 

Joseph  I.  McLaughUn,     . 

Joseph  Black,       .... 

Boston. 

5, 

Minnie  F.  Jotcc, 
Alice  M.  McLaughlin, 

Mary  F.  O'Connor,      . 

Boston. 

^, 

Alice  M.  Mack 

Boston. 

0, 

Jennie  Armstrong,* 

Jennie  Chipman, 

Boston. 

f>, 

George  Feather,  alias  Craven,* 

Albert  Edward  Rapier, 

Boston. 

12, 

Percy  Sanliron  Kelley,    . 

Sumner  Percy  Kelley, 

Boston. 

19, 

Ruby  Ray  McGill,*  . 

Ruljy  R;iy  Irwin, 

Winthrop. 

19, 

Joseph  Pickett,* 

Joseph  Glenn 

Worcester. 

26, 

Jacob  Schefircen,     . 

Charles  J.  Scheffreen, 

Boston. 

WORCESTER  COUNTY. 


Jan. 


Feb. 


March  12 
14 
l.i 
19 
22 

April  9 
1(1 
10 
11 
30 

Mav      14, 

'       1.5 

20 

23 


Edward  II.  Keens,  . 
Gladys  Kathrine  Bransfleld,* 
Edward     Clarence     Rickard 

Aurell,*  .... 
Cecelia  Flahertv,*    . 
Stanley  Wilfred  Martin,  . 
Bessie"  King,*    . 
Helen  Stevenson,*    . 
Gertrade  Carr,* 
Julia  Marguerite  Flaherty,* 
Josephine    Margaret    Chebe 

neau,*      .        ."      .        . 
Ermelinda  Quarello,* 
Ida  Alice  Williams, 
John  F.  Conroy, 
.Jolm  Edward  McDonald,* 
Melvina  Bosley,* 
George  L.  Rawson,* 
Fannie  L.  Moore,*    . 
Dorothy  Carr,*. 
Ruth  Carr,* 
Dorothy  Harrington, 
Aln'aham  Skopovker, 
George  Russel,* 
Chesfer  Marean,* 
Kenneth  Willard  Proctor,* 
Mary  C.  O'Brien,*    . 


Horatio  Edward  Newis  Latham, 
Gladys  Kathrine  Murphy,  . 

Edward  Clarence  Matson, 
Cecelia  King, 
Stanley  Wilfred  Scott, 
Olive  Hamilton  Lawson,     . 
Hazel  Viola  Hasty, 
Florence  Gertrude  Wheelock, 
Julia  Marguerite  King, 

Josephine  IMargaret  Bernard, 
Ermelinda  Bellomo,    . 
Margaret  Elizabeth  Henderson 
Jack  Conroy  Cleveland, 
Jolm  Edwai'd  Fennessey,   . 
Marion  Melvina  Sbaughnessy, 
George  Harold  Bond, 
Frances  Louise  Spero, 
Dorothy  Foley,     . 
Ruth  Foley,  .... 
Doi'othy  Ellen  Kincaid, 
Al)raham  Stearn, 
Francis  James  Davis, 
Chester  Milton  Johnson,     . 
Kenneth  Willard  Farrar,    . 
Mary  Christiana  Laperle,  . 


Westborough. 
Worcester. 

Worcester. 

Clinton. 

Worcester. 

Southbridge. 

Worcester. 

Sjieneer. 

Clinton. 

Fitchburg. 

Worcester. 

Douglas. 

Worcester. 

Wel)ster. 

U])tou. 

West  Boylston. 

Fitchburg. 

Worcester. 

Worcester. 

Worcester. 

Worcester. 

Worcester. 

Worcester. 

Lunenburg. 

Hard  wick. 


*  Changed  by  reason  of  adoption. 


934 


Change  of  Nai^ies. 

WORCESTER  COUNTY  — Concluded. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1907. 

June    13, 

Erma  Whittuni,*      . 

Marion  Selena  Wakefield,  . 

Worcester. 

25, 

Lena  Pearl  Staples,* 

Grace  Pearl  Richardson,    . 

Worcester. 

July 

2 

Edward  Cortland  Ells,    . 

Edward  Cortland  Murphy, 

Worcester. 

15, 

Bertha  Louise  Sawyer,* . 

Bertha  Louise  Clark, . 

Princeton. 

16, 

Lucy  Goutliier,* 

Lucy  Wright 

Milford. 

16, 

Loretta  May  Mahoney,*  . 

Ruth  Evelyn  Cheney, 

Milford. 

19, 

Dolarise  Glbrena  Houde,* 

Dolarise  G'lorcna  Pellctier, 

Gardner. 

.30, 

Harold  R.  Simpson,* 

Everett  Woodman  Leighton, 

Claremont,  N.  H. 

30, 

Lillie  E.  Patterson,* 

Lena  ^lay  Walker, 

Warren. 

Au£r. 

1-i, 

Antonio  Bor£^hi,* 

Giacomo  Paccioretta,  . 

Milford. 

Sept. 

3, 

Mary  McCarty  Kelley,     . 

Mary  McCarty 

Worcester. 

Oct. 

&, 

PMward  Kisher  Sidey,      . 

Edward  Fisher  Osgood, 

Worcester. 

9, 

Stanley  Deland,* 

Stanley  Deland  St.'Onge,   . 

Barre. 

w. 

Starkev,* 

Clarence  Albert  Lowe, 

Clinton. 

15, 

Clara  Ella  Hopkins,* 

Clara  Ella  Call 

Worcester. 

24, 

Violet  Mav  Warren,* 

Violet  May  Proctor,    . 

Worcester. 

24, 

Allen  MeaVs  Clark,* 

Allen  Mears  Mead, 

Worcester. 

24, 

Crissie  Marie  Clark,* 

Chrissie  Marie  Mead,  . 

Worcester. 

29, 

Charles  Magnus  Wahlberg,    . 

Charles  Magnus  Winters,  . 

Milford. 

29, 

Harry  Blaine  Jbwders,    . 

Harry  Blaine  Whitney, 

Fitchburg. 

Nov. 

1, 

Blanche  Ellen  I>aclair,*  . 

Blanche  Ellen  GraveHne,   . 

Webster. 

?, 

Maud  Margaret  Wetherbee,*  . 

Beatrice  Margaret  Bacon,  . 

Worcester. 

12, 

Florence  Porter,*      . 

Florence  Dervin, 

Gardner. 

26, 

Thelesfort  Sivigniv, 

Telesphore  Cclime  Seflgny, 
Edwin  Franklin  Newell,     . 

Webster. 

26, 

Edwin  Fish  Franklin,*    . 

Worcester. 

26, 

Millard  Thurston,     . 

Millard  Charles  Taylor, 

West  Boylston. 

Dec. 

«> 

Gladys  Ann  Cunningham,* 

Gladys  Ann  Mulvey,  . 

Worcester. 

10 

Isaac  Godinski, 

Isaac  Harry  Godin,     . 

Fitchburg. 

10, 

Samuel  Godinski, 

Samuel  Godin 

Fitchburg. 

*  Changed  by  reason  of  adoption. 


THE 


CIVIL    GOVERNMENT 


®1|?  Ol0mmottm^alti|  of  fHassarlpta^tta, 

AND  OFFICERS  IMMEDIATELY  CONNECTED  THEREWITH 
FOR  THE  POLITICAL  YEAR 

1908. 


EXECUTIVE  DEPARTMENT. 


HIS    EXCELLENCY 

CUETIS    GUILD,    Jr., 

Governor. 
Frank  L.  Dean     ........     Private  Secretary. 

Edward  F.  Hamlin       .......     Executive  Secretary. 

HIS    HONOR 

EBEN    S.    DRAPER, 
Lieutenant  Governor. 


COUNCIL— (By  Districts). 
I  —CHARLES   O.    BRIGHTMAX 
II.  —  ALBIOX   F.    BEMIS  . 
IH.— EDWARD   P.    BARRY 
IV.  — WALTER   S.    GLIDDEN 
v.  — S.AJ^IUEL   COLE 
VI.  — SEWARD   W.    JONES 
VII.  — CALVIN   D.    PAIGE 
Vm.— FRANKLIN   W.    RUSSELL 


New  Bedford. 

Brookline. 

Boston. 

Somerville. 

Beverly. 

Newton. 

Sonthln'idge. 

Pittsfield. 


WILLIAM   M.    OLIN, 

Secretary  of  the  Commonwealth. 
Isaac  H.  Edgett,  Isi  Beputy.  Herbert  H.  Boynton,  2d  Beputy. 

ARTHUR   B.    CHAPIN, 

Treasurer  and  Receiver  General. 

Henry  S.  Bridge,  1st  Glerk.  A.  B.  C.  Demes^g,  2d  Clerk. 

Wendell  P.  Harden,  Cashier. 

HENRY   E.    TURNER, 

Auditor  of  the  Commonwealth. 
William  D.  Hawley,  Beputy  Auditor. 


James  Pope,  1st  Clerk. 


Carl  A.  Raymond,  2d  Clerk. 


DANA   M ALONE, 

Attorney-General. 
Frederic  B.  Greenhalge, 
Fred  T.  Field, 

A  ssistant  Attorneys-General. 

Louis  II.  Freese,  Chief  Clerk. 


James  F.  Curtis, 
Andrew  Marshall, 


LEGISLATIVE  DEPARTMENT. 


GENERAL   COURT. 

Arranged  in  Accordance  with  the  District  Revision  of  1906. 


SENATE. 


President  — ^ylLLlAM  D.  CHAPPLE. 


District. 

Name  of  Senator. 

Residence. 

First  Suffolk,        .      ' 

Alfred  S.  Hall,     . 

Revere. 

Second  " 

George  F.  Monahan, 

Boston. 

Third     " 

Edward  W.  Dixon, 

Boston. 

Fourth  " 

Mchael  J.  McEttrick, 

Boston. 

Fifth       " 

Charles  D.  B.  Fisk, 

Boston. 

Sixth      " 

Frank  J.  Linehan, 

Boston. 

Seventh ' ' 

John  J.  Butler,    . 

Boston. 

Eighth  " 

Tilton  S.  Bell,      . 

Boston. 

Ninth     " 

Gideon  B.  Abbott, 

Boston. 

First  Essex, 

William  R.  Salter, 

Lynn. 

Second  ' ' 

William  D.  Chaj^ple, 

Salem. 

Third    " 

James  F.  Shaw,   . 

Manchester. 

Fourth  " 

Hariy  P.  Morse,  . 

Haverhill. 

Fifth      " 

Dennis  E.  Ilalley, 

Lawrence. 

First  Middlesex,  . 

James  II.  Yahey, 

Watertown. 

Second       " 

Thorndike  Spalding, 

Cambridge. 

Third 

Elmer  A.  Stevens, 

Somerville. 

Fourth 

Charles  L.  Dean, 

Maiden. 

Senate. 


939 


District. 

Xame  of  Senator. 

Residence. 

Fifth  Middlesex,   . 

John  J.  Mitchell,  . 

Marlborough. 

Sixth        "              ... 

Herbert  S.  Riley, 

Woburn. 

Seventh    "              ... 

James  Wilson  Grimes,  . 

Reading. 

Eighth     "              ... 

Joseph  H.  Hibhard, 

Lowell. 

First  Worcester,   . 

Elmer  C.  Potter,  . 

Worcester. 

Second     "             .         . 

Edward  A.  Cowee, 

Worcester. 

Third       "             ... 

J.  Lovell  Johnson, 

Fitchburg. 

Fourth      "              ... 

Winfield  S.  Schuster,     . 

Douglas. 

Worcester  and  Hampden, 

Arthur  D.  Norcross, 

Monson . 

First  Hampden,     . 

Francke  W.  Dickinson, ' 

Springtield. 

Second       " 

Daniel  D.  Mahoney, 

Holyoke. 

Franklin  and  Hampshire, 

George  J.  Gallond, 

Amlierst. 

Berkshire,     .... 

Clinton  Q.  Pvichmond,   . 

North  Adams. 

Berkshire.     Hampshire     and 

Hampden. 
First  Norfolk, 

Allen  T.  Treadway, 
Charles  F.  Jenney, 

Stockb  ridge. 
Hyde  Park. 

Second    "              ... 

William  0.  Faxon, 

Stoughton. 

First  Plymouth,     . 

Frank  G.  Wheatley, 

Abington. 

Second      "             .          .          . 

George  H.  Garfield, 

Brockton. 

First  Bristol, 

Thomas  W.  Williams,  . 

Attleljorough. 

Second    "               ... 

Joseph  Turner,     . 

Fall  River. 

Third       "              ... 

Nathaniel  P.  Sowle, 

New  Betlford. 

Cape,   ..... 

Eben  S.  S.  Keith, 

Bourne. 

HENRY  D.  COOLroCE,  . 
EDWARD  A.  HORTON,  . 
DA^TD   T.    REMINGTON, 


Clerk. 
Chaplain. 
Sergeant-at-A  rms . 


940 


House  of  Representatives. 


HOUSE   OF  REPRESEXTATrV'ES. 


/Speaker— JOHN   N.    COLE. 


COUNTY   OF    SUFFOLK. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


1st, 


2d, 


3d, 


4tli, 


6tli, 


6tli, 


rth. 


8th, 


9tli, 


10th, 


Boston,  Ward  1, 


Boston,  "Ward  2, 


Boston,  "Ward  3, 


Lewis  B.  McKie, 
Joseph  J.  Murley,   . 

Bernard  F.  Ilanrahan, 
John  F.  Sullivan,     . 

Joseph  E.  Donovan, 
Jeremiah  F.  McCarthy, 


John  J.  Hayes, 
Boston,  "Wards  4  and  5,  {     William  F.  Murray,  Jr. 
[     J.  Frank  O'Brien,     . 


Chelsea,  Wards  1  and  2, 


Boston,  Ward  6, 


Boston,  Ward  7, 


Boston,  Ward  8, 


Boston,  Ward  9, 


Boston,  Ward  10, 


./ 


Ignatius  J.  Carleton, 

Thomas  J.  Grady,    . 
Philip  J.  McGonagle, 

Bartholomew  A.  Brickley, 

Martin  M.  Lomasney, 
David  Mancovitz,     . 

Timothy  F.  Callahan, 
Daniel  L.  Sullivan, 

J.  Bernard  Ferber,  . 


"[     Malcolm  E.  Nichols, 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 
Boston. 

Chelsea. 

Boston. 
Boston. 

Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 


House  of  Representatives. 

COUNTY   OF   SUFFOLK  — CoNTixuED. 


941 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


Boston,  Ward  11, 


Boston,  AVard  12, 


Boston,  "Ward  13, 


Boston,  Ward  14, 


Boston,  Ward  15, 


Boston,  Ward  16, 


Boston,  Ward  17, 


Boston,  Ward  18, 


Boston,  Ward  19, 


20th,     Boston,  Ward  20, 


Boston,  Ward  21, 


Boston,  Ward  22, 


Boston,  Ward  23, 


Boston,  Ward  24, 


Boston,  Ward  25, 


Grafton  D.  Gushing, 
Myron  E.  Pierce, 

William  E.  Chester, 
George  E.  Lovett,    . 

Thomas  P.  McDavitt, 
James  F.  Powers,    . 

Thomas  F.  Coogan, 
William  P.  Higgins, 

Edward  D.  Collins, 
Patrick  H.  O'Connor, 

Herbert  S.  Frost,  . 
William  II.  O'Brien, 

James  J.  Conboy,  . 
Frederick  M.  J.  Sheenan, 

Daniel  J.  Curley,  Jr., 
Tliomas  J.  Fay, 

Florence  J.  Driscoll, 
Samuel  J.  Madden, 

Harry  H.  Ham, 
William  Iloag, 
Charles  Addison  Malley, 

John  E.  Rousmaniere, 
Fred  P.  Warner, 

James  H.  Knight,  . 
Jacob  H.  Mock, 

J.  Henry  Leonard,  . 
A.  S.  Parker  Weeks, 

Herbert  W.  Burr,  . 
Samuel  H.  Mildram, 
William  B.  Willcutt, 

Joseph  Abbott, 
Lewis  J.  Hewitt, 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 
Boston. 

Boston. 
Boston. 


9^2 


House  of  Representatives, 
county  of  suffolk  — conclt-ded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

26th, 
27th, 

Chelsea,  Wards  3,  4,   . 

r  Chelsea,  Ward  5,          .  ] 
1  Revere,        .         .         .  \ 
[  Winthro]),   .          .          .J 

William  M.  Robinson, 

Ernest  H.  Pierce,     . 
Edgar  H.  Whitney, 

Chelsea. 

Revere. 
Winthrop. 

COUNTY   OF   ESSEX. 


1st, 

2d, 

3d, 

4th, 

5th, 

6th, 
7th, 
8th, 
9th, 

10th, 

11th, 
12th, 

13th, 

14th, 

15th, 


J  Amesbury,  . 
[  Merrimac,  . 

Haverhill,  Wds  1,  2,  3, 

Haverhill,  Wards  4,  6, 

Haverhill,  Ward  5, 

I  Lawrence,  Wards  1,  2,  ) 
]^  Methuen, 

Lawrence,  Wards  3,  4, 

Lawrence,  Ward  5, 

Lawrence,  Ward  6, 


Andover,     . 

Boxford, 
Grovel  and,  . 
Haverhill,  AVard 
North  Andover, 

Peabody, 

Lynn,  Ward  3, 
Swami^scott, 


j  Lynn,  Wards  1,  5,  7, 
"1^  Lynnlield,    . 

r  Lynn,  Wards  2,  4, 
[  Nahant, 

Lynn,  ^Vard  6,     . 
Sauonxs. 


Samuel  L.  Porter,    . 

William  H.  Tnidel, 

Leslie  K.  Morse, 

Arthur  L.  Nason,     . 

Geoi'ge  Bunting, 
George  McLane,  Jr., 

William  A.  Kelleher, 

George  S.  J.  Hyde, 

William  J.  Graham, 

John  N.  Cole, 

John  F.  Cook, 

James  B.  Carbrey,  . 

William  E.  Dorman, 
George  H.  Newhall, 

John  S.  Cormack,    . 
John  H.  MeKenney, 

Charles  Cabot  Johnson, 
Matthew  McCann,   . 

Herljert  ]\L  Forristall. 
Charles  H.  Mansfield, 


Amesbury. 

Haverhill. 

Haverhill. 

Haverhill. 

Methuen. 
Lawrence. 

Lawrence. 

Lawrence. 

Lawrence. 

Andover. 

Haverliill. 

Peabody. 

Lynn. 
Lynn. 

Lynn. 
Lynn. 

Nahant. 
Lynn. 

Saugus. 
Lvnn. 


House  of  Repkesextatives. 

COUNTY   OF   ESSEX  — CoxcLUDED. 


943 


Town  or  Ward. 


Name  of  Represeutative. 


Residence. 


Marblehead, 

Salem,  Wards  1,  2, 

Salem,  "Wards  8,  5, 

Salem,  Wards  4,  6, 

J  Beverly, 
[  Dan  vers, 

Gloucester,  Wards  4,5, 

8,     . 
Manchester, 

Gloucester,  Wards  3,  G, 

7,     . 

/  Gloucester,  Wards  1,  2, 
I  Rockjjort, 

'  Essex, 

Hamilton, 

Ipswich, 

Middleton, 

Rowley, 
I  Topstield, 
[  Wenham, 

Xewburvport,  Wards  1 
2,  3,  4,     . 

I'  Georgetowm, 

I  Newbury,    . 

j  Xewbuiyijort, Wards  5 

'       6,     .         . 

Salisburj',    . 

West  Newbury,   . 


Arthur  S.  Adams,    , 

Thomas  L.  Davis,* 

Robert  E.  Pollock,  , 

William  T.  Jeffrey, 

William  R.  Brooks, 
Joseph  A.  Wallis,    . 

Charles  H.  Barrett, 

John  A.  Stoddart,   . 
Edwin  C.  Melntire, 


Frank  P.  Todd, 


Clai'ence  J.  Fogg, 


Samuel  F.  Coffin, 


Marblehead. 

Salem. 

Salem. 

Salem. 

Beverly. 
Beverly. 

Gloucester. 

Gloucester. 
Gloucester. 

Row^ley. 

Newliuryi)ort. 
W.  Newijury. 


COUNTY 

OF   MIDDLESEX. 

1st, 
2d, 

r  Cambridge, 
1      2,  3, 

J  Cambridge, 

1      6,  6,  7^ 

Wards    1,  \ 
Wards    4,  1 

William  M.  Ilogan, 
Edward  J.  Sennott, 

Fred  L.  Beunke, 
George  A.  Giles,     . 
Julius  Meyex's, 

Cambridge. 
Cambridge. 

Cambridge. 
Cambridge. 
Cambridge. 

Died  April  26,  1908. 


944  House  op  Kepresentatives. 

COUXTY   OF  MIDDLESEX  — CoxTixrEi). 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


3(1, 

4th, 

oth, 

Gth, 
7th, 

8th, 

9th, 
10th, 

11th, 


12th, 


13th, 


Cambridge,   Wards    8, 
9,  lU,  11, 


Xewton, 
Waltham,    . 


Xatick, 

Framingham, 

r  Ashland, 
j  Hollistou,    . 
I  Hopkinton, 
[  Sherborn,    . 

Marlborough, 

Boxborough, 

lludson, 
I  Maynard, 
[  Stow,  . 

'  Acton, 
Aj^er,  . 

Carlisle, 
\  Chelmsford, 

Littleton, 
[  Westford, 

■  Ashby, 
Dunstable, 
Groton, 
Pepperell, 
Shirley, 
Townsend, 
Tyngsborough, 

Bedford, 

Concord, 

Lincoln, 

Sudhur}-, 

AVayland, 

Weston, 


Samuel  D.  Elmore, 
George  ^V.  Long,  . 
Harry  X.  Stearns,  . 

Elias  B.  Bishop, 
AVilliam  F.  Garcelon, 
John  F.  Lothroj),     . 

Frank  L.  Barnes,  . 
Patrick  J.  Duane,    . 

Martin  T.  Hall, 

Frederick  Harvey  Hilton, 


Charles  J.  Flagg, 


diaries  F.  McCarthy,      . 


Cornelius  J.  Lynch, 


Edwin  C.  Perham, 


Frank  A.  Torrey, 


Alfred  L.  Cuttinir, 


Camljridge. 
Cambridge. 
Cambridge. 

Xewton. 
Xewton. 
Xewton. 

Waltham. 
Waltham. 

Xatick. 

Framingham . 


Holliston. 


Marlborough. 


Maynard. 


Chelmsford. 


Groton. 


Weston. 


House  of  Representatives.  945 

COUNTY  OF  MIDDLESEX  — Continued. 


Town  or  Ward. 


Name  of  Representative. 


Dracut, 
Lowell,  Ward  1, 

Lowell,  Ward  2, 

Lowell,  Wards  4,  5,     . 

Lowell,  Wards  3,  6,  7,  | 

Lowell,  Ward  8, 

Billerlca, 
Lowell,  Ward  9, 
Tewksbury, 

Burlington, 
North  Reading,    . 
Reading, 
Wilmington, 
Woburn, 

Wakefield,  . 

Melrose, 

Maiden, 
Everett, 


J  Somerville,    Wards    1, 
L      3,  4,  5,     . 


Somerville,    Wards    2, 
6,  7,         .         .         . 


Medford,  Wards  3,  6,  .  \ 
Winchester,  .  .  f 

Medford,   Wards   1,  2,  | 

4,  5,  7,     .  .  ./ 


Edwin  M.  Kittredge, 

John  F.  Meehan,     . 

Martin  F.  Conley,   . 

James  E.  O'Donnell, 
Charles  F.  Varnum, 

Hamlet  S.  Greenwood, 
J.  B.  Albert  Jolmson, 


James  W.  Killam,  . 
Andx'ew  R.  Linscott, 


Charles  A.  Dean,     . 

Andrew  J.  Burnett, 

Frank  A.  Bayrd, 
Charles  L.  Davenport, 
Thomas  P.  Riley,    . 

James  Chambers,    . 
William  E.  Weeks, 

Sidney  B.  Keene,     . 
Robert  Luce,  . 
Charles  L.  Underhill, 

Charles  V.  Blanchard, 
William  H.  Smith,  . 
William  L.  Waugh, 


Lewis  Parkhurst, 


Chaiies  H.  Brown, 


Residence. 


Lowell. 

Lowell. 

Lowell. 

Lowell. 
Lowell. 

Lowell. 
Lowell. 


Reading. 
Woburn. 


Waketield. 

Melrose. 

Maiden. 
JNLalden. 
Maiden. 

Everett. 
Everett. 

Somerville. 
Somerville. 
Somerville. 

Somerville. 
Somerville. 
Somerville. 

Winchester. 
Medford. 


9iG 


House  of  Repkesentatives. 


COUNTY   OB^   MIDDLESEX  — Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

29th, 

30th, 
31st, 

J  Arlington,   .         .         .1 
I  Lexington,  .          .          .  j 

J  Belmont,      .          .          .  l 
"1^  "Watertown, 

Stoneham,   . 

Horace  D.  Hardy,   . 

Josejih  0.  AVellington,     . 
James  A.  Jones, 

Arlington. 

Belmont. 
Stoneham. 

COUNTY   OF   WORCESTER. 


1st, 


2d, 


3d, 


4th, 


6th, 


[  Athol, 
Dana, 
Petersham, 
Phillipston, 
Royalston,  . 

Ashburnham, 
Gardner, 
Templeton, 
"Winchendon, 

'  Barre, 
Holden, 
Hubbardston, 
Oakham, 
Pi'inceton,    . 
Rutland, 
Sterling, 
Westminster, 

'  Brooklield, . 
Hardwick,  . 
New  Braintree,    . 
North  Brookfield, 
Warren, 
West  Brookfield, 

Charlton,  . 
Soiitlil)ridge, 
Sturbridge, 


James  Oliver, 


Frank  Barrell, 
William  F.  Learned, 


Waterman  L.  Williams, 


Herbert  T.  Maynard, 


Alexis  Boyer,  Jr., 


Athol. 


Ashburnham. 
Gardner. 


Holden. 


North      Brook- 
field. 


Southbridge. 


House  of  Repkesextatives. 

COUNTY   OF   WORCESTER  —  CoxTixuED. 


947 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


(Auburn, 
Leicester, 
Paxton, 
SiJencer, 

r  Dudley, 
i  Oxford, 
[  "Webster, 

Blackstone, 
Douglas, 
Grafton, 
I  Millbury, 
Shrewsbury 
Sutton, 
Uxbridge, 

'  Hopedale, 
Mendon, 
Milford, 
Xorthbridge 
Upton, 


Berlin, 
Bolton, 
Boylston,     . 
Clinton, 
Northborough, 
Soutliborough, 
West  Boylston, 
Westborougii, 


■  Fitchburg,  Ward  6, 
Harvard, 
Lancaster,   . 
Leominster, 
Lunenberg, 

Fitchburg,  Wards  1,  2, 
3,  4,  5,     . 

Worcester,  Ward  1,     . 

Worcester,  Ward  2,      . 


Fi'anlv  Collette,  Jr., 


Louis  E.  Pattison,   . 


Samuel  V.  Crane, 
Aaron  F.  Jones, 


S.  Alden  Eastman,  , 
Edward  C.  Lyford, 


Joseph  S.  Gates, 
Charles  Mayberry, 


David  Curtis  Nickerson, 
Frank  IL  Pope, 


Benjamin  A.  Cook, 
M.  Fred  O'Connell, 

Daniel  E.  Denny,    . 

Alonzo  F.  Hovle,     . 


Spencer. 


Webster. 


Blackstone. 
Douglas. 


Milford. 
Upton. 


Westborough. 
Clinton. 


Leominster. 
Leominster. 


Fitchburg. 
Fitchburg. 

Worcester. 

Worcester. 


948 


House  of  Representatives. 


COUNTY   OF  WORCESTER  — Concluded. 


District. 

Torni 

3r  Ward. 

Name  of  Representative. 

Residence. 

1.5th, 

^^'orcester, 

Ward    3,   . 

Cornelius  J.  Carniody,    . 

Worcester. 

16th, 

Worcester, 

Ward    4,   . 

John  F.  McGrath,   . 

Worcester. 

17th, 

"Worcester, 

Ward    5,   . 

John  11.  Thompson, 

Worcester. 

18th, 

Worcester, 

"\A\ard    6,   . 

Oscar  C.  Ilammarstrom, 

Worcester. 

19th, 

Worcester, 

Ward    7,    . 

Lucian  15.  Stone, 

Worcester. 

20th, 

Worcester, 

Ward    8,   . 

John  II.  Pickford,  . 

Worcester. 

21st, 

Worcester, 

Ward    9,   . 

Henry  E.  Dean, 

Worcester. 

22d, 

Worcester, 

AVard  10,   . 

Robert  M.  Washburn, 

Worcester. 

C( 

DUNTl' 

OF   HAMPSHIRE. 

1st, 

Northampton, 
f  Chesterfield,         .         .  ] 

Calvin  Coolidge,     . 

Northampton. 

Cummington, 

Easthampton, 
Goshen, 

Huntington, 

2d, 

I  Middletield, 
Plainfield,    . 
Southampton, 
Westhampton, 
Williamsburg, 
Worthington, 

■  Amherst, 

. 

John  Thomas  Bryan, 

Middlefield. 

3d, 

Hadlev, 
'  Hatfield,      . 
South  Ilaclley, 

■  Belchertown, 
Enfield, 
Granbv, 

' 

Frank  A.  Hosmer,  . 

Amherst. 

4th, 

.   Greenwich,  . 
Pelham, 
Prescott, 
Ware, 

. 

John  H.  Schoonmaker,    . 

Ware. 

House  of  Eepeesentatives. 


949 


COUNTY   OF   HAMPDEN. 


District. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


1st, 


2d, 


3d, 

41ii, 

5th, 

6th, 

7th, 

8th, 

9th, 

10th, 

11th, 

12th, 


Brimlield,    . 
Holland,       . 
INIonson, 
Palmer, 
Wales, 

Agawani,     . 

Blandl'ord,  . 

Chester, 

East  Longraeadow, 

(Tranville,    . 

Hampden,    . 

Longmeadow, 

Ludlow, 

Montgomery, 

llussell, 

Southwick,  . 

Tolland, 

West  Springfield, 

Wilbraham, 

Springfield,  Ward  1,    . 

Springfield, Wards  2,  3, 

Springfield,   Wards    4, 
5,  6, 

Springfield,  Ward  7,    . 

Springfield,  Ward  8,    . 

Chicopee,    . 

Holyoke,  Wards  1,  2,  4, 

Holyoke,  Wards  3,  6,  . 

Holyoke,  Wards  5,  7,  . 

AVestfield,    . 


Ernest  E.  Hobson, 


William  F.  Cook,    . 
Oscar  J.  Shepardson, 


Thomas  S.  Walsh,  . 
John  C.  Bennett, 

Frank  D.  Kemp, 
Daniel  H.  Morgan, 

Charles  T.  Holt,      . 

Frank  G.  Hodskins, 

Ernest  Dalton, 

Francis  X.  Qnigley, 

Adam  Leining, 

Jens  J.  Madsen, 

Lewis  C.  Parker,     . 


Palmer. 


W.  Spi'ingfield. 
Chester. 


Sioringfield. 
Springfield. 

Springfield. 
Springfield. 

Springfield. 

Springfield. 

Chicopee. 

Holyoke. 

Holyoke. 

Holyoke. 

Westfield. 


950 


House  of  Repeesentatives. 


COUNTY   OF   FRANKLIN. 


Town  or  \S'ard. 


Name  of  Representative. 


1st, 


2cl, 


3d, 


4tli, 


f  Ashfielcl, 
Bucklaiid, 
Charlemont 
Colraiu, 
Conway, 

^  Hawley, 
Heath, 
Monroe, 
Rowe, 
Shelburne, 
Whately, 

Greenfield,  . 

Bernardston 

Deerfield, 

Gill,    . 

Leverett, 

Leyden, 

Montague, 

Sunderland, 

Erving, 
New  Salem, 
Northfield,  . 

{  Orange, 

I  Shutesbury, 

j  Warwick,     . 

[  Wendell,     . 


Charles  Fremont  Elmer, 


Lyman  W.  Griswold, 


Henry  B.  Barton, 


Dennis  E.  Farley, 


Conway. 


Greenfield. 


Gill. 


Ervins:. 


COUNTY 

OF   BERKSHIRE. 

1st, 
2d, 

■  Clarksburg,          .          .  ] 

Florida, 
1  North  Adams,  Wards  3,  > 
4,  5, 

Savoy,          .         .         .J 

J  North  Adams, Wards  1,  1 

\      2,  6,  7,     .         .         ./ 

Hugh  P.  Drysdale, 
Homer  A.  Hall,       . 

North  Adams. 
North  Adams. 

House  of  Repeesentatiyes. 

COUNTY  OF   BERKSHIRE  —  Concluded. 


951 


Town  or  Ward. 


Name  of  Representative. 


'  Adams, 
Cheshii-e,     . 
Hinsdale,     . 
Xew  Ashford, 
Pera,  . 
Windsor, 

Dalton, 
Hancock, 
Lanesborouuh , 
Pittsfield,  Ward  1, 
Williamstown,     . 


r  Pittsfield,  Wards  2,  6,  1 

\      7,     .  .         .  ./ 

f  Pittsfield,  Wards  3,  4,  | 
I      5 / 


'  Becket, 
Lee,    . 
Lenox, 
Monterey,    . 
Xew  Marlborough, 
Otis,    . 
Richmond,  . 
Sandisfield, 
Tyringham, 
Washington, 

Alford, 
Egremont,  . 
Great  Barrington, 
Mount  Washington, 
Sheffield,     . 
Stockbridge, 
West  Stockbridge, 


David  Cole,     . 


Frederic  T.  McClatchey, 

James  T.  Goggins, 
Herbert  P.  Sanders, 


Edward  McDonald, 


Jolm  E.  Clarey, 


Cheshire. 


Pittsfield. 

Pittsfield. 
Pittsfield. 


Lenox. 


Gt.  Barrincrton. 


COUNTY   OF   NORFOLK. 


J  Dedliam, 
I  Needham, 

Brookline, 


/ 


Joseph  H.  Soliday, 

Joseph  Walker, 
Norman  H.  White, 


Dedham. 

Brookline. 
Brookline. 


952 


House  of  Kepkesextatwes. 

COUNTY   OF   NORFOLK  — Concluded. 


Town  or  Ward. 


Name  of  Representative. 


3d, 

4th, 

5th, 
Gth, 
7th. 

8th, 

9th, 

10th, 

11th, 


12th, 


Hyde  Park, 

f  Canton, 
1^  Milton, 

(^uinoy.  "Wards  1,  2,  3, 

Quincy,  Wards  4,  5,  G, 

Wevmonth, 


Avon, 

Braintree, 

Holbrook, 

f  Randolph, 

Sharon, 
[  Stoughtou, 

j"  Norwood, 
Walpole, 
A\'estwood, 

'  Dover, 
Medfield, 
Medwaj-, 

Millis, 

Norfolk, 

Wellesley, 


■  Bellinghani, 
Foxl)oroiigh, 
Franklin,  . 
Plainville,  . 
Wrentham, 


Frederick  G.  Katzmann, 

Edward  Bailey  Draper, 

Eugene  C.  Hultman, 
Rednor  P.  Coombs, 
Russell  B.  "Worster, 

Louis  E.  Flye, 
Edward  J.  Fuller,  . 
Fred.  L.  Fisher, 

Fred  O.  Johnson,    . 


Frederick  S.  Lane, 


Hyde  Park. 

Canton. 

Quincy. 
Quincy. 
"Weymouth. 

Holbrook. 

Sharon. 

Norwood. 

"Wellesley. 


Foxborouofh. 


COUNTY   OF   PLYMOUTH. 


1st, 

Plymouth,   . 
r  Duxburv,    .         •         •  ] 

Alfred  S. 

Burns, 

Plymouth. 

Marshtield, 

2d, 

.  Norwell, 
Pembroke,  . 

.   . 

Joseph  J 

Shepherd, 

Pembroke. 

Scituate, 

House  of  Representatives. 

COUNTY  OF  PLYjNIOUTII  — CoxcLUDED. 


953 


District. 

Town  or  Ward. 

1 

Name  of  Representative. 

Residence. 

3d, 

j  Cohasset,     .          .          .1 
{  Hingham,    .          .          .  > 
[  Hull,  .         .         .         .  J 

Elmer  L.  Curtiss,    . 

Hingham . 

4th, 

r  Hanover,     .         .         .I 
J  Hanson,       .          .          .  > 
[  Rockland,    .          .          .J 

Melvin  S.  Nash, 

Hanover. 

5th, 

J  Abington,    .          .          .  "1 
\  Whitman,    .         .          .  J 

■  Carver, 
Lakeville,    . 

Wallace  E.  W.  N.  Arnold, 

Abington. 

6th, 

Marion, 
"  Mattapoisett, 
Rochester,  . 
"Wareham,  .          .          .J 

r  Halifax,       .         .         .] 

Eugene  E.  Shaw,    . 

Carver. 

7th, 

Kingston,     .          .          .1 
Middleborough,  .         .  f 
Plympton,   . 

Joseph  E.  Beals,     . 

Middleborough 

8th, 

f  Bridge-water,        .         .  "1 
i  East  Bridgewater,         .  \ 
[  West  Bridgewater,       .  J 

Roland  M.  Keith,    . 

Bridgewater. 

9th, 

Brockton,  Wards  3,  4, 

Edward  Gilmore,     . 

Brockton. 

10th, 

f  Brockton,  Wards  1,  2,  1 

Portus  B.  Hancock, 
Timothy  J.  Meade, 

Brockton. 
Brockton. 

11th, 

Brockton,  Wards  6,  7,  . 

George  Swann, 

Brockton. 

COUNTY   OF   BRISTOL. 


1st, 
2d, 

f  Attleborough,       .         .  1 
J  North  Attleborough,    .  1 
1  Norton,        .         .         ,  | 
[  Seekonk,      .         .         .J 

r  Easton.         .          .          .1 
i  Mansfiehl,   .         .         .  \ 
[  Raynham,    .          .         .J 

Frank  0.  Coombs,  . 
Samuel  M.  Holman, 

William  L.  Robinson, 

No.  Attleboro'. 
Attleborough. 

Mansfield. 

951 


House  of  Representatives. 


COrXTY   OF    BPJSTOL— CoxcLUDEi). 


District. 


Town  or  Ward. 


Xame  of  Representative. 


Residence. 


3d, 
4tli, 

oth, 

6th, 

7th, 

&th, 

9th, 

10th, 

11th, 


Taunton,  Wards  5,  7,8, 

Taunton,  Wards  2,  3,4, 

Berkley, 
Dighton, 
Rehoboth,    . 
Taunton,  Wards  1,  6, 

Aeushnet,  . 
Dartmouth, 
Fairhaven,  . 
Freetown,    . 

Xew    Bedford,    Wards 
1,  2,  3,     . 

Xew    Beilford,    Wards 

4,  5,  6,     . 

Fall  River,  Wards  1,  2, 
Westport,    . 

Fall  River,  Wards  3,  4, 

5,  . 

Fall  River,  Wards  6,7, 

8,  9, 
Somerset,    . 
Swansea, 


3Iichael  J.  Kenne}-, 
William  M.  Dean,  . 

Ralph  Davol,  . 
Herbert  Wing, 


Joseph  C.  Desmond, 
Samuel  Ross,  . 

Andrew  P.  Doyle,  . 
Sidney  Lees,* . 

William  11.  Cook,   . 
Fred  Moore,    . 

Fi'aneis  J.  Fennelly, 
Josej^h  A.  Parks,     . 

Charles  E.  Boivin,  . 
David  P.  Keefe, 
Isaac  E.  Willetts,    . 


Taunton. 
Taunton. 

Taunton. 
Dartmouth. 


Xew  Bedford. 
Xew  Bedford. 

Xew  Bedford. 
Xew  Bedford. 

Fall  River. 
Fall  River. 

Fall  River. 
Fall  River. 

Fall  River. 
Fall  River. 
Fall  River. 


COUXTY   OF   BAKXSTABLE. 


1st, 


2d, 


Barnstable, 

Bourne, 

Falmouth, 

Mashpee, 

Sandwich, 

Chatham, 
Dennis, 
Harwich, 
Yarmouth, 


Thomas  Pattison, 


Clenric  H.  Cahoon, 


Barnstable. 


Harwich. 


*  Died  AugustiO,  1908. 


House  of  Representatives. 

COUXTY  OF   B.UiXSTABLE  — Concluded. 


955 


Districti                      Town  or  Ward. 

Name  of  Representative.                       Residence. 

3d, 

' 

'  Brewster,    . 
Eastham,     . 
Orleans, 
Provincetown, 
Tniro, 
Wellfleet,    . 

Isaac  M.  Small, 

Tniro. 

COUXTY  OF  DUKES  COUXTY. 


1st, 


'  Chilmark,    . 

Edgartown, 

Gay  Head,  . 
{  Gosiiold, 

Oak  Bluffs, 

Tisburj, 

West  Tisbnry, 


Ulysses  E.  Mayhew% 


West  Tisbury. 


COUXTY  OF  XAXTUCKET. 


1st, 


Xantucket, 


Ellenwood  B.  Coleman,   . 


Xantucket. 


JAMES   W.    KBIBALL, 
DAXIEL   W.    WALDROX, 
DAVID   T.   REillXGTOX, 


Clerk. 

Chaplain. 

Se  rgea  nt-at-A  rms . 


956 


Judicial  Depap.t3Ient. 


JUDICIAL  DEPARTMENT. 


SUPREME   JUDICIAL   COURT. 

CHIEF   JUSTICE. 


MARCUS  P.  KXOWLTON,  .... 

ASSOCIATE   JUSTICES. 

JAMES  M.  MOPvTON,  . 
JOHN  WILKES  HAMMOXD, 
WILLIAM  CALEB  LORING, 
HENRY  K.  BRALEY,  . 
HENRY  NEWTON  SHELDON,     . 
ARTHUR  P.  RUGG,      . 


of  Springfield. 

of  Fall  Biver. 
of  Cambridge, 
of  Boston, 
of  Boston, 
of  Boston, 
of  Worcester. 


SUPERIOR   COURT. 

CHIEF  JUSTICE. 


JOHN  ADAMS  AIKEN, 


ASSOCIATE  JUSTICES. 

EDGAR  J.  SHERMAN, 
ROBERT  R.  BISHOP,   . 
DANIEL  W.  BOND,      . 
FRANKLIN  G.  FESSENDEN, 
JAMES  B.  RICHARDSON, 
FRANCIS  A.  GASKILL, 
JOHN  II.  HARDY, 
WILLIAM  B.  STEVENS, 
CHARLES  U.  BELL,     . 
FREDEPJCK  LAWTON, 
EDWARD  P.  PIERCE, 
JABEZ  FOX, 

CHARLES  A.  DE  COURCY, 
ROBERT  O.  HARRIS,  . 
WILLIAM  C.  WAIT,    . 
WILLIAM   Sf'HOFIELD, 
LLOYD  E.  WHITE,      . 
LORANUS  E.  HITCHCOCK, 


of  Greenfield. 

of  Boston, 
of  Neivton. 
of  Waltham. 
of  Greenfield. 

of  Bos f 071. 

of  Worcester. 

of  Arlington. 

of  Stonehrun. 

of  Andover. 

of  Boston. 

of  Fitchburg. 

of  Cambridge. 

of  Lawrence. 

of  East  Bridgewater. 

ofMedford. 

of  Maiden. 

of  Taunton. 

of  Springfield. 


Judicial  Department. 


957 


JOHN  C.  CROSBY,      . 
WILLIAM  F.  DANA,   . 
JOHN  F.  BROWN,       . 
HENRY  A.  KING, 
GEORGE  A.  SANDERSON, 
ROBERT  F.  RAYMOND,     . 


LEONARD  A.  JONES, 


CHARLES  T.  DAVIS, 


CLARENCE  C.  SMITH, 


LAND   COURT. 

JUDGE. 

ASSOCIATE  JUDGE. 

RECORDER. 


of  Pittsfchl. 

of  Newton. 

of  Milton. 

of  Springfield. 

of  Aijer. 

of  New  Bedford. 


.     of  Boston. 

.     of  Mai'blehead. 

.     of  Everett. 


JUDGES   OP  PROBATE   AND 

ROBERT  GRANT,  Boston,    .... 
ELIJAH  GEORGE,  Boston,  .... 
ROLLIN  E.  HARMON,  Lynn,       . 
HARRY  R.  DOW,  North  Andover, 
CHARLES  J.  McINTIRE,  Cambridge, 
GEORGE  FIELD  LAWTON,  Cambridge,      . 
WILLIAM  T.  FORBES,  Westborough, 
FREDERICK  II.  CHAMBERLAIN,  Worcester, 
WILLIAM  G.  BASSETT,  Northampton, 
CHARLES  L.  LONG,  Springfield, 
FRANCIS  M.  THOMPSON,  Greenfield, 
EDWARD  T.  SLOCUM,  Pittsfield, 
JAMES  H.  FLINT.  Weymouth,    . 
LOYED  E.  CHAMBERLAIN,  Brockton, 
WILLIAM  E.  FULLER,  Taunton, 
FREEMAN  H.  LOTIiROP,  Barnstable, 
CHARLES  G.  M.  DUNHAM,  Edgartown,    . 
HENRY  RIDDELL,  Nantucket,     . 


INSOLVENCY. 

.  Suffolk. 

.  Suffolk. 

.  Essex. 

.  Essex. 

.  Middlesex. 

.  ]\IlDDLESEX. 

.  Worcester. 

.  Worcester. 

.  Hampshire. 

.  Hami'den. 

.  Franklin. 

.  Berkshire. 

.  Norfolk. 

.  Plymouth. 

.  Bristol. 

.  Barnstable. 

.  Dukes. 

.  Nantucket. 


Special  Judges  of  Probate  and  Insolvency.* 
CHARLES  I.  BECKWITH,  Springfield,        ....     Hampden. 
WILLIAM  A.  BURNS,  Pittsfield Berkshire. 


I'JOS,  110. 


958 


Judicial  Depahtmext. 


REGISTERS   OF   PROBATE  AND 
ARTIU'R  W.  I)OL.VX,  Boston,    . 
Jf:REMIAII  T.  MAHOXEY,  Salem,     . 
W1LLIA:\I  E.  ROGERS,  "SA'akefield,      . 
JOHN  W.  MAWBEY,  Worcester, 
HUBBARD  M.  ABBOTT,  Xorthampton, 
SAMUEL  B.  SPOOXER,  Springfield,    . 
FRAXCTS  X.  THOMPSOX,  Greenfield, 
ARTHUR  M.  ROBIXSOX,  Xorth  Adams, 
JOHX  D.  COBB,  Dedham,   . 
SUMXER  A.  CHAPMAX,  Hanson, 
ARTHLTR  M.  ALGER,  Taunton,  . 
CLAREXDOX"  A.  FREEMAX^,  Barnstable, 
BERIAH  T.  HILLMAX,  Edgartown,     . 
HERBERT  G.  WORTH,  Xantucket,      . 


INSOLVENCY. 

.  Suffolk. 

.  Essex. 

.  Middlesex. 

.  Worcester. 

.  Hampshire. 

.  Hampden. 

.  Fraxklix. 

.  Berksihre. 

.  XORFOLK. 

.  Plymouth. 

.  Bristol. 

.  Barnstable. 

.  Dukes. 

.  Xantucket. 


DISTRICT   ATTORNEYS 
JOHX  B.  MORAX,  Boston, 
JOHX  J.  HIGGIXS,  Somerville, 
W.  SCOTT  PETERS,  Haverhill, 
JAMES  M,  SWIFT,  Fall  River,  . 
THOMAS  E.  GROVER,  Canton, 
GEORGE  S.  TAFT,  Uxbridge,    . 
STEPHEX  S.  TAFT,  Springfield, 
RICHARD  W.  IRWLX,  Xorthampton, 


Suffolk. 

Northern. 

Eastern. 

Southern. 

Southeastern. 

Middle. 

Western. 

X^orth^vestern. 


SHERIFFS. 
FRED  II.  SEAYEY,  Boston, 
SAMUEL  A.  JOHXSOX,  Salem, 
JOHX  R.  FAIRBAIKX,  Cambridge,     . 
ROBERT  II.  CHAMBERLAIX,  Worcester, 
JAIRUS  E.  CLARK,  X^orthampton,      . 
EMBURY  P.  CLARK,  Springfield, 
ISAAC  CHEXERY,  Montague,     . 
JOHX  XICHOLSOX,  Pittsfield,    . 
SAMUEL  H.  CAPEX,  Dedham,  . 
HEXRl^  S.  PORTER,  Plvmouth, 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

X'ORFOLK. 

Plymouth. 


Judicial  Depaetmext. 


959 


EDWIN  H.  EVANS,  Taunton, Bristol. 

HENRY  M.  PERCIVAL,  Orleans, Barnstable. 

JASON  L.  DEXTER,  Edgaitown, Dukes. 

JOSIAH  F.  BARRETT,  Nantucket Nantucket. 

CLERKS   OP   COURTS. 
CLARENCE  H.  COOPER,  Boston,  Clerk  of  the  Supreme  Judi- 
cial Court  for  the  Commonwealth. 

WALTER   F.    FREDERICK,  Boston,  Supreme  Judicial  Court,  Suffolk. 
FRANCIS   A.    CAMPBELL,  Boston,  Sup.  Court,  Civil  Business,  1         _ 
JOHN   P.    MANNING,  Boston,  Sup.  Court,  Criminal  Business,  J  ^^^'^^''*^^'^^' 

EDWARD  B.   GEORGE,  Haverhill, Essex. 

THEODORE    C.    HURD,  Winchester Middlesex. 

THEODORE  S.  JOHNSON,  Worcester, Worcester. 

HAYNES  H.  CHILSON,  Northampton, Hampshire. 

ROBERT  O.  MORRIS,  Springtield, Hampden. 

CLIFTON  L.  FIELD,  Greenfield, Franklin. 

FRANK  H.  CANDE,  Pittsfield, Berkshire. 

LOUIS  A.  COOK,  We3-mouth Norfolk. 

EDWARD  E.  HOB  ART,  I^ymouth, Plymouth. 

SIMEON  BORDEN,  Fall  River, Bristol. 

ALFRED  CROCKER,  Barnstable, Barnstable. 

SAMUEL  KENISTON,  Edgartown, Dukes. 

JOSIAH  F.  MURPHEY,  Nantucket, Nantucket. 


960 


ME3IBERS    OF    CoNGRESS. 


MEMBERS  OE  THE  SIXTIETH  CONGRESS. 


[Congressional  Districts  established  by  Chap.  511,  Acts  of  1901.] 


Senators. 


HENRY   CABOT   LODGE,  . 
WINTHROP   MURRAY   CRANE, 


of  Nahant. 
of  Dallon. 


Representatives. 
District  I.  — GEORGE  P.  LAWRENCE, 
IL  — FREDERICK  H.  GILLETT, 

III.  — CHARLES  G.  WASHBURN, 

IV.  — CHARLES  Q.  TIRRELL, 
v.— BUTLER  AJMES,     . 

VI.  — AUGUSTUS  P.  GARDNER, 
VII.  —  ERNEST  W.  ROBERTS, 
VIII.  — SAMUEL  W.  McC.\LL, 

IX. JOHN  A.  KELHIER,     . 

X.— JOSEPH  F.  O'CONNELL, 
XL  — ANDREW  J.  PETERS,  . 
XIL  — JOHN  W.  WEEKS, 
XIIL— WILLIA^I  S.  GREENE, 
XIV.— WILLIA.M  C.  LOVERmG, 


of  North  Adams, 
of  Springfield, 
of  Worcester, 
of  Natick. 
of  Lowell, 
of  Hamilton, 
of  Chelsea, 
of  Winchester, 
of  Boston, 
of  Boston, 
of  Boston, 
of  Xcioton. 
of  Fall  River, 
of  Taunton. 


APPENDIX 


The  following  tables  have  been  prepared  l)y  Fisher  Ames,  Esq., 
apj)ointed  to  that  duty  under  section  1  of  chapter  9  of  the  Kevised 
Laws,  which  directs  the  governor  to  appoint  a  skilled  person  to 
prepare  "  a  table  of  changes  in  the  general  laws." 


TABLES 


WHAT    GENERAL    LAWS    OF     THE     COMMONWEALTH 

HAVE    BEEN    AFFECTED    BY    SUBSEQUENT 

LEGISLATION 


CHAN^GES   I]N^   THE   "REVISED   LAWS 


Chapter  1.  — Of  the  Jurisdiction  of  the  Commonwealth,  and  Places 
ceded  to  the  United  States. 

Sect.  4.  Act  relative  to  the  boundary  line  of  the  Commonwealth.  St. 
1906,  146;   1908,  192. 

Sect.  5.  Tracts  ceded:  In  Nahant.  St.  1902,  373.  The  "Graves." 
St.  1903,  258  §  1.  In  Nantucket.  St.  1904,  428.  Hingham  and  Wey- 
mouth. St.  1905,  446.  Hull.  St.  1905,  455 ;  1906,  511.  Deer  Island. 
St.  1907,  172. 

Sect.  9  extended  to  geological  survey.     St.  1903,  150  §  1. 

Sects.  10-12.     See  St.  1903,  150  §  2. 

Sect.  13.     See  St.  1906,  146. 

Chapter  2.  — Of  the  Arms  and  the  Great  Seal  of  the  Commonwealth. 

Sect.  1 .  Use  of  representations,  for  advertising  or  commercial  purposes, 
forbidden.     St.  1903,  195. 

Act  to  define  the  flag  of  the  Commonwealth.     St.  1908,  229. 

Chapter  3.  —Of  the  General  Court. 

As  to  the  fiscal  year  and  appropriations,  see  St.  1905,  211  §  12. 
As  to  petitions  for  construction  or  repairs  of  buildings,  see  St.  1907, 
520. 

Sect.   10  amended.     St.  1907,  163. 

Sect.   11.     Salaries  changed.     St.  1907,  304. 

Sect.  12  amended.     St.  1904,  87;   1906,  126.      (See  1904,  440.) 

Sect.  13.     See  St.  1904,  440. 

Sect.  17  amended.     St.  1902,  544  §  1. 


964:  Changes  in  the  [Chaps.  4-6. 


Chapter  4.  —  Of  the  Governor,  Lieutenant  Governor  and  Council. 

Sect.  G  amended.  St.  1902,  523  §  1;  1904,  2G8 ;  1906,  109;  1908, 
497,  507. 

Sect.   7  amended.     St.  1908,  540. 

Sect.  8  in  part  superseded.     St.  1908,  507.      (See  1904,  88.) 

Sect.  9  amended.     St.  1908,  549. 

Sect.  11  affected.     St.  1908,  544. 

Chapter  5.  — Of  the  Secretary  of  the  Commonwealth. 

Provision  for  two  deputy  secretaries.     St.  1908,  561. 

Provision  for  filing  power  of  attorney  by  certain  non-residents  for  service 
of  legal  process.     St.  1908,  528. 

Sect.  1  amended.     St.  1907,  276.     (See  1908,  469.) 

Sect.  2  revised.     St.  1902,  364.     Amended,  1908,  496,  508,  561. 

Sect.  4  et  seq.  See  St.  1902,  470,  524,  544  §  8;  1903,  368  §§  2,  4, 
437  §  88,  484  §§  2,  3  ;  1904,  374  §  5,  458  §  2  ;  1905,  204,  321  §  2  ;  1906, 
433  §  4,  434;  1907,  111,  396  §  1,  571  §  1;  1908,  208,  314,  590  §  25. 
Res.  8  of  1904. 

Sect.   6.     See  St.  1902,  438. 

Sect.  11  amended.     St.  1903,  424  §  1. 

Chapter  6.  —  Of  the  Treasurer  and  Receiver  General,  the  Auditor  of 
Accounts  and  Matters  of  Finance. 

Au  act  to  establish  a  new  fiscal  year  for  the  Commonwealth.  St.  1905, 
211. 

Sect.  1.  Expense  of  bond  to  be  paid  by  the  CommonAvealth.  St. 
1907,  276  §  1.      (See  1908,  469.) 

Sect.  1  et  seq.  See  St.  1903,  251,  368  §  2;  1904,  246,  421,  426,  427 
§§1,3,  431  ;  1905,  428  ;  1906,  204  §  4,  407,  435  §  8  ;  1907,  165,  229  §  4, 
238,  446  §  2,  474,  563  ;   1908,  168,  590  §§  4,  8,  55-58,  595  §  4,  624. 

Sect.  4.  Salaries  changed:  Third  clerk.  St.  1903,  398  §§  1,2.  As- 
sistant bookkeeper.     St.  1905,  272.     (See  1907,  276.) 

Sect.  7.     See  St.  1903,  109;  1907,  121.     (See  1908,  414.) 
.      Sect.  9  amended.     St.  1905,  211  §  2. 

Sect.  13.  See  St.  1908,  469.  Title  changed  and  deputy  auditor  and 
supervisor  of  accounts  provided  for.     St.  1908,  597. 

Sect.  14  revised.  St.  1907,  139  §  2,  276;  1908,  597  §§  2,3.  (See 
1902,   177;    1903,  120;  1904,  440;  1905,  149;  1908,  638.) 

Sect.  15  et  seq.     See  St.  1903,  368  §  2 ;    1904,  431,  458  §  2. 

Sect.  16  affected.     St.  1908,  195. 

Sect.  21  revised.     St.  1907,  139  §  1.      (See  1905,  211  §  3;   1908,  414.) 

Sect.  22  revised.     St.  1905,  211  §  4;   1908,  630. 

Sect.  25  amended.     St.  1905,  211  §  5  ;  1908,  597  §  5. 

Sect.  26  amended.     St.  1905,  211  §  6.      (See  1908,  195.) 

Sect.  27  repealed.     St.  1905,  211  §  13. 

Sect.  28  et  seq.     See  St.  1904,  458  §§  1-6  ;  1907,  165  §  1. 

Sect.  31  amended.     St.  1905,  211  §  7. 


Chaps.  7-9.]  REVISED   LA^ys.  965 

Sect.  35  amended.  St.  1905,  369.  (See  1907,  466;  1908,  178,  195, 
469.)     lu  part  repealed.     St.  1908,  434  §  2. 

Sect.  37  amended.     St.  1905,  211  §  8. 

Sect.  38  amended.     St.  1905,  211  §  9. 

Sect.  40  amended.     St.  1905,  211  §  10. 

Sect.  41  et  seq.  See  acts  relative  to  construction  and  improvement  of 
buildings  at  state  and  other  institutions.     St.  1907,  520,  555  ;   1908,  303. 

Sect.  46  amended.     St.  1903,  283  §  1.      (See  1905,  Res.  2.) 

Sect.  48  amended.     St.  1903,  283  §  2. 

Sect.  59  revised.     St.  1906,  487.      (See  1902,  55.) 

Sects.  65,  79.     See  St.  1903,  471  ;  1904,  458. 

Sect.  69.     See  St.  1903,  109;  1907,  121. 

Sect.  72  et  seq.  Treasurer  ma^'  issue  bonds  or  scrip  on  serial  plan,  in- 
stead of  a  sinking  fund.  St.  1903,  226;  1905,  169.  Issue  of  bonds  or 
notes  regulated.     St.  1904,  263.     (See  1906,  493.) 

Sect.  77.  Extended  to  contracts  for  counties,  cities  and  towns.  St. 
1904,  349. 

Chapter  7.  — Of  the  Attorney-General  and  the  District  Attorneys. 

Sect.  1  et  seq.  See  St.  1902,  349  ;  1903,  251  ;  1904,  344  §  1,  375  §§  3-6, 
421  §  1  ;  1906,  372,  377  §  2,  433  §  6  ;  1907,  465  §  25,  524  §  3 ;  1908,  220, 
372  §  1,  454  §  2,  478  §  1,  590  §§  8,  17,  595  §  5. 

Sect.  8  amended.     St.   1908,  586. 

Sect.  9.  Office  of  cliief  clerk  established.  St.  1903,  357  §§  1,  2.  (See 
1907,  276.) 

Sects.  11,  13.  Districts  classified  and  salaries  established.  St.  1905, 
157  §§  1,  2,  3,  5,  6.      (See  1902,  471,  530;  1903,  395.) 

Sect.  12.     Three  assistants.     St.  1906,  460  §  1. 

Sect.  13.  Salaries  changed.  St.  1905,  157  §  3;  1906,  460  §  2.  (See 
1902,  471.) 

Sect.  13  et  seq.     Additional  assistance  in  Suffolk.     St.  1906,  460  §  3. 

Sect.  16.     See  St.  1908,  195,  469. 

Certain  expenses  authorized.  St.  1906,  494;  1907,  170.  Advances 
authorized.    St.  1905,  369.     (See  1908,  469.) 

Travelling  expenses  allowed.     St.  1905,  157  §  4. 

Sect.  17.     See  St.  1908,  454  §  2. 

Chapter  8.— Of  the  Statutes. 

Sect.  4.     See  St.  1907,  414. 

Sect.  5,  el.  9.     See  St.  1902,  109  ;  1905,  328  ;  1907,  204. 

Chapter  9.  — Of  the  Printing  and  Distribution  of  the  Laws. 

A  board  of  publication  is  established.     St.  1902,  438. 

Sect.  2  amended.     St.   1908,  173,  443. 

Sect.  3  revised.     St.   1908,  474. 

Sect.  5  repealed.     St.  1905,  211  §  13.      (See  1903,  291  ;  1906,  235.) 

Sect.  6  repealed.     St.  1902,  438  §  7. 


9GG  Changes  in  the  [Chaps.  10-12. 

Sect.  7.  In  part  repealed.  St.  1902,  228  §  8,  438  §  7.  Amended.  St. 
1902,  269;  19U3,  291,  390;  1904,  388  §  1,  410;  1905,  138;  1906,  296 
§  2;   1908,  444,  459,  402  §  5,  523.      (See  1907,  289;   1908,  481  §  1.) 

Provision  for  distribution  of  certain  town  records.  St.  1902,  470  §  2. 
And  of  certain  documents  to  law  libraries.     St.    1904,  209. 

Reports  of  boards  of  health.  St.  1902,  230  ;  1905,  275.  Limitation  as 
to  statistics.     St.  1904,  388  §  2. 

Sect.  8  amended.     St.   1908,  422. 

Sect.  9.     See  Res.  1905,  2. 

Chapter  10.  —Of  the  State  House,  the  Sergeant-at-Arms  and  the  State 

Library. 

Sect.  3.     See  St.   1908,  195,  469. 

Sect.  4.     See  St.  1907,  135  §  1  ;  1908,  485  §  1. 

Sect.  6  amended.     St.  1905,  218  §  1. 

Sect.  9.  Compensation  of  elevator  men.  St.  1906,  232.  Of  porters. 
St.  1907,  384. 

Sect.  10  amended.  Compensations  fixed.  St.  1903,  455  §  1  ;  1905, 
218  §  2;   1907,  359. 

Sect.  11.  Sergeant  may  employ  a  casliier  who  sliall  be  a  stenographer. 
St.  1903,  323  §  1.     Postmaster's  salary  changed.     St.  1903,  323  §  1. 

Sect.  27.     Amount  increased.     St.  1905,  154;   1908,  342. 

Sect.  29  revised.     St.  1905,  154. 

Chapter  11. —  Of  Elections. 

This  chapter,  except  sections  422-425,  is  repealed  a,nd  superseded  by 
St.  1907,  560,  579,  581  ;   1908,  345,  391,  423,  425,  428,  461,  518.      (See 

1902,  56,  90,   157,  225,  346,  348,  384,  492,  506,  512,  518,  537,  544  §  2  ; 

1903,  279,  318,  368,  425,  426,  430,  450,  453,  454,  474  ;  1904,  41,  179,  201, 
245,  275,  293,  294,  310,  334,  375,  377,  380,  404;  1905,  111,  313,  318," 386, 
397;  1906,  76,  291  §  18,  298,  311,  444,  481,  497;  1907,  330,  387,  429, 
468,  543  ;  1908,  83,  85,  361,  480.) 

Certain  veteran  soldiers  and  sailors  may  vote  without  being  assessed  for 
a  poll  tax.     St.  1906,  481. 

Name  of  party  changed.     St.  1902,  56. 

Municipal  parties  in  Cambridge.     St.  1902,  529. 

Sects.  422-425.  New  districts.  St.  1906,  497.  Nominations  in  certain 
districts  to  be  made  in  caucus  by  direct  plurality  vote.  St.  1907,  543. 
(See  1903,  450.) 

Act  to  divide  the  Commonwealth  into  election  districts.     St.  1906,  497. 

Acts  to  prohi))it  unsigned  political  advertisements  and  contributions  by 
certain  corporations.     St.  1907,  581  ;   1908,  483. 

Chapter  12.—  Of  the  Assessment  of  Taxes. 

Provision  for  state  supervisors  of  assessors.     St.  1908,  550. 
Sect.  1.     See  St.  1906,  315. 

Sects.  3,  4.  Provision  for  local  taxation  of  real  estate  and  machinery 
of  water  companies.     St.  1907,  329  ;  1908,  193. 


Chap.  13.]  REVISED   LawS.  9G7 

Sect.  4.  Fourth  cl.  in  part  repealed.  St.  1902,  374  §  4.  As  to  excise 
tax  on  trading  stamps  or  similar  devices,  see  St.  1904,  403;  1906,  523. 
(See  1903,  386.)  Taxation  of  corporations.  St.  1903,  437  §§  71-87; 
1904,  261,  442;  1906,  271   §§  11,  12,  516  §§  14-25;   1907,  395,  578,  586. 

Sect.  5.  Bonds  or  certificates  of  indebtedness  of  the  Commonwealth  are 
exempted.  St.  1906,  493.  And  county  and  municipal  bonds,  notes,  etc., 
if  so  stated  on  face  of  bond,  etc.     St.  1908,  464  §  1,  593. 

Sect.  5,  cl.  13.  Exemption  of  certain  veterans  and  their  widows.  St. 
1906,315;  1907,367.      (See  1906,  481.) 

Sect.  6  revised.     St.  1908,  120. 

Sects.  7,  8  and  9  repealed,  and  new  provisions  made  for  taxing  vessels 
engaged  in  foreign  trade.     St.  1902,  374,  375. 

Sects.  10,  11.     See  St.  1903,  161. 

Sects.  11,  12.     See  St.  1908,  499  §  5. 

Sect.  12  amended.     St.  1903,  161  §  1. 

Sect.  15  amended.     St.  1902,  113.      (See  1904,  385 ;   1907,  378.) 

Sect.  17  amended.     St.  1902,  112. 

Sect.  23.  Provision  as  to  underground  wires,  etc.,  added.  St.  1902, 
342  §  1.     (See  1906,  516  §  20.) 

Sects.  23,  27.     See  St.  1903,  437  §  86;   1906,  516  §  20  ;  1908,  614. 

Sect.  41  revised.     St.  1903,  157  §  1. 

Sect.  49  repealed.     St.  1902,  111. 

Sect.  54  amended.     St.  1908,  589  §  5. 

Sect.  57  amended.     St.  1908,  387  §  1. 

Sect.  58  amended.     St.  1907,  181  ;   1908,  314,  387  §  2. 

Sects.  60,  61.     See  St.  1907,  586  §  5  ;  1908,  314. 

Sect.  63  amended.     St.   1908,  314. 

Sect.  67.     See  St.  1907,  378. 

Sect.  73  et  seq.     See  St.  1904,  442  ;   1908,  220. 

Sect.  77.     See  St.  1906,  516  §  19. 

Sects.  78,  79.     See  St.  1903,  161  §  1  ;  1906,  516  §  19. 

Sect.  84  amended.     St.  1902,  91. 

Sect.  93  amended.  St.  1904,  181  ;  1906,  271  §  11.  (See  1903,  437  §  74 ; 
1904,  261  §  1,  442  §  1  ;  1906,  463  III  §  128,  516  §  17  ;   1907,  586  §  5.) 

Sect.  94.     See  St.   1908,  314. 

Sect.  97.     See  St.  1907,  378. 

Chapter  13.  —  Of  the  Collection  of  Taxes. 

The  provisions  of  this  chapter,  so  far  as  appropriate,  apply  to  St.  1906, 
516. 

Act  to  provide  for  the  authoritative  ascertainment  of  municipal  liens  on 
real  estate.     St.   1907,  378;   1908,  299. 

Sect.  3  et  seq.     See  St.  1907,  378. 

Sect.  13  amended.     St.  1907,  378  §  2,  427. 

Sect.  20  et  seq.  A  foreign  corporation  or  non-resident  failing  to  pay  the 
tax  may  be  enjoined  in  equity  from  doing  business  here  until  tax  is  paid. 
St.  1902,  349.      (See  1906,  372.) 

Sects.  26-31  affected.     St.  1908,  99. 

Sect.  35.     See  St.  1907,  378  §  2. 


9G8  CilANGES    IN   THE  [Chap.   14. 

Sect.  41.  See  St.  1906,  463  III  §  129. 

Sect.  43  auieuded.  St.  1902,  423  ;  1905,  193. 

Sect.  58  amended.  St.  1905,  325  §  1.  (See  1906,  463  III  §  132.) 

Sects.  60,  61  superseded.  St.  1902,  443. 

Sect.  61  amended.  St.  1905,  325  §  2. 

Sect.  75  amended.  St.  1905,  325  §  3  ;  1908,  226. 

Sect.  80  amended.  St.  1908,  247. 

Sect.  83  affected.  St.  1908,  99  §  2. 

Form  5.  See  St.  1908,  99. 

Chapter  14. —Of  the  Taxation  of  Corporations. 

The  law  as  to  taxation  of  business  corporations  is  revised.  St.  1903, 
437  §§  45,  71-87;  1904,  261;  1906,  271  §§  9-12;  1907,  329,  395,  578, 
586;  1908,  193,  194,  220,  614.  Acts  relative  to  the  assessment  of  taxes 
upon  corporations  and  to  the  abatement  thereof.  St.  1904,  442  ;  1908, 
220. 

Provision  for  state  supervisors  of  assessors.     St.   1908,  550  §  1. 

Sect.  1  amended.     St.  1907,  564  §  1.     (See  1907,  563;  1908,  268.) 

Sect.  1  et  seq.     See  St.  1906,  204  §  4,  269. 

Sect.  2  amended.  St.  1904,  99;  1906,  322;  1907,  564  §  2 ;  1908, 
550  §  1. 

Sect.  3  et  seq.  See  St.  1904,  374  §  5,  435;  1906,  271;  1907,  563; 
1908,  268,  550. 

Sect.  4  amended.  St.  1906,  271  §  1.  In  part  repealed.  St.  1908,  468. 
(See  1908,  314,  387  §  2.) 

Sect.  5  amended.     St.   1908,  433  §  1.     Affected.     St.   1908,  550. 

Sects.  6,  7  repealed.     St.  1908,  468. 

Sect.  17  amended.     St.  1906,  271  §  2. 

Sect.  19  amended.     St.  1906,  271  §  3  ;  1907,  246. 

Sect.  20  amended.     St.  1906,  271  §  4. 

Sect.  22  amended.     St.  1906,  271  §  5. 

Sect.  24  amended.     Returns  to  include  new  policies.     vSt.  1903,  307  §  1. 

Sect.  32  amended.     St.  1906,  271  §  6. 

Sect.  33  amended.     St.  1906,  271  §  8. 

Sect.  35  amended.     St.   1908,  520  §  12. 

Sect.  37  et  seq.     Acts  relative  to  the  taxation  of  express  companies.     St. 

1907,  586;  1908,   194,  615.     And  of  water  companies.     St.   1907,  329; 

1908,  193.      Taxation  of  franchises.      St.    1903,  437  §§   74,  77,  82-86; 
1904,  442;   1906,  271  §§  9-12,  516  §  14  et  seq.;  1907,  395;  1908,  614. 

Sects.  37-40,  42,  61,  62,  in  part  repealed.  St.  1906,  463  II  §  258, 
III  §§  125-137,  158.  (See  1902,  342  §§  2-5;  1903,  437;  1904,  442; 
1907,  318,  395;  1908,  220.) 

Sect.  40  amended.     St.  1906,  271  §  9.     (See  1906,  463  II  §  258.) 

Sects.  41,  43-47  repealed.  St.  1906,  463  III  §  158.  (See  1906,  463 
III  §§  130,  133.) 

Sects.  49,  50,  51,  52,  69  repealed.  St.  1903,  437  §  95.  (See  1904, 
261  §  1.) 

Sect.  54  amended.     St.  1906,  271  §  10. 


Chaps.  15-19.]  REVISED   LawS.  969 

Sect.  55  amended.     St.  1908,  318. 

Sect.  65.  See  St.  1903,  437  §  82;  1904,  442;  1907,  329,  586  §  6  ; 
1908,  220. 

Sect.  67  amended.     St.  1906,  349  §  1. 

Chapter  15.  — Of  the  Taxation  of  Collateral  Legacies  and  Successions. 

This  chapter  is  repealed  and  superseded  by  St.  1907,  563;  1908,  268, 
550,  624.  (See  1902,  473;  1903,  248,  251,  276;  1904,  421  ;  1905,  307, 
367,  470;   1906,  436.) 

As  to  bequest  or  devise  free  of  tax,  see  St.  1907,  452. 

« 
Chapter  16.  — Of  the  Militia. 

This  chapter  is  revised.  St.  1908,  604.  (See  1902,  158,  336,  493; 
1903,  151,  247,  377,  457,  481  ;  1904,  226,  231,  361,  371,  439  ;  1905,  202, 
298,391,465,468;  1906,  198,  212,  273,373,423,  469,  504;  1907,  232 
§  4,  305,  356,  526  ;   1908,  315,  317,  344,  354,  371,  434.) 

Chapter  18.  —  General  Provisions  relative  to  State  Officers. 

Sect.  10.  Comuiouwealthto  repay  charoe  of  surety  company  for  surety- 
ship.    St.  1908,  469. 

Sect.  13  revised.  St.  1903,  229  §  1.  Treasurers  and  disbursing  offlcers 
of  state  institutions  shall  keep  an  office  and  books.     St.  1908,  195. 

Sect.  14  repealed.     St.  1903,  229  §  2. 

No  public  officer  or  body,  or  member  thereof,  shall  interfere  with  employ- 
ment in  public  service  corporations.     St.  1903,  320  ;   1908,  228. 

Sect.  16  amended.     St.  1904,  295. 

Chapter  19.  — Of  the  Civil  Service. 

Extensions  of  the  provisions  of  this  chapter.  St.  1903,  102  ;  1904,  143  ; 
1907,  292. 

Removals  and  suspensions  regulated.  St.  1904,  314;  1905,  243;  1906, 
210;   1907,272.      (See  1900,  69^§  3  ;   1904,288;   1907,245,458.) 

Act  relative  to  posting  notices  of  examinations.     St.  1906,  277. 

Provision  for  publicity  in  certain  cases.     St.  1906,  306. 

No  public  officer  or  body,  or  member  thereof,  shall  interfere  with  employ- 
ment in  public  service  corporations.  St.  1903,  320;  1908,  228.  (See 
1904,343  §  1.) 

A  board  of  publication  is  established.     St.  1902,  438. 

Sect.  1  amended.     St.  1906,  159  §  1  ;   1907,  344. 

Sect.  2  amended.  St.  1907,  454.  Additional  employees.  St.  1906, 
465  §  1.     (See  1908,  195.) 

Sect.  4  et  seq.     See  St.  1906,  277. 

Sect.  5  amended.     St.  1902,  308. 

Sect.  6  et  seq.  See  act  relative  to  civil  service  rules  and  regulations. 
St.  1904,  198.      (See  also  1904,  194.) 

Sect.  9.     Exemptions.     St.  1907,  245. 


970  Changes  in  the  [Chaps.  20-22. 

Sects.  21,  22  limited.     St.  1902,  413;   1904,  430;   1908,  185. 
Sect.  23  extended.     St.  1904,  314.     Amended.     St.  1905,  150.     Retire- 
ment pension  of  veterans.     St.  1907,  458. 

Sect.  26   et  seg.     See  St.  1907,  560  §§  119-126  ;  1908,  88. 

Sect.  30  et  seq.    See  St.  1907,  581. 

Sect.  36  amended.     St.  1902,  544  §  3. 

Sect.  37.     See  St.  1903,  102 ;  1904,  143,  288. 

Chapter  20.  —  Of  Counties  and  County  Commissioners. 

County  commissioners  autliorized  to  kill  sheep-worrying  dogs  in  certain 
cases.  St.  1902,  226;  1904,127.  Provision  for  bounty  for  killing  a  wild- 
cat or  Canada  lynx.  St.  1903,  344  §  1.  Damages  caused  by  wild  deer. 
St.  1903,  407. 

Sect.  1.  Muskeget  and  Gravelly  islands  annexed  to  Nantucket.  St. 
1887,  88. 

Sect.  14.  Salaries  classified  and  established.  St.  1904,  451  §  1  ;  1905, 
179;   1906,  290  §  1.      (See  1902,  411,  544  §  4.) 

Sect.  16  amended.     St.  1908,  431  §  1. 

Sect.  17  revised.     St.  1908,  431  §  2. 

Sect.  19  revised.     St.  1908,  431  §  3. 

Sect.  20  limited.     St.  1908,  640  §  6. 

Sect.  24  et  seq.  See  St.  1902,  226  ;  1903,  243,  344;  1906,  463  I  §  23, 
II  §§  117,  122;   1908,  542,  552,  606  §§  5-7. 

Sect.  27.  Provision  to  secure  persons  furnishing  materials  or  labor  on 
public  works.     St.  1904,  349.     (See  1907,  188.) 

Sect.  30.     See  St.  1904,  317. 

Chapter  21.  —  Of  County  Treasurers,  the  Controller  of  County 
Accounts  and  County  Finances. 

Sect.  1.     See  St.  1904,  451  §  4  ;  1907,  560  §  307,  Par.  2 ;   1908,  391. 
Sect.  2  amended.     Salaries  classified  and  established.     St.  1904,  451 
§§  1,  5;  1905,  179.     Middlesex.     St.  1906,  290  §  1. 

Sect.  3.  Clerical  assistance:  Bristol,  St.  1906,398.  Essex,  1905, 
322  §  1.  Hampden,  1908,  349.  (See  1905,  163.)  Middlesex,  1905, 
322  §  2.  Norfolk,  1907,  231.  (See  1905,  332  §  1.)  Worcester,  1908, 
352. 

Sect.  9  et  seq.  Future  issues  of  county  bonds,  notes,  etc.,  to  be  exempt 
from  taxation  in  Massachusetts,  if  so  stated  upon  their  faces.  St.  1908, 
464  §  1. 

See  1907,  560  §  307;   1908,  391. 
See  St.  1904,  277  §  2. 

Non-interest-bearing  notes  may  be  issued  and  sold  at  a  dis- 
1904,  153. 

Chapter  22.  — Of  Registers  of  Deeds. 

Sect.  7  amended.     St.  1902,  544  §  5. 

Sect.  8.     Additional  assistant  in  Suffolk.     St.  1908,  612. 

Sect.  9.     See  St.  1907,  225  §  2. 


Sect. 

19, 

Sect. 

20, 

Sect. 

39. 

count. 

St. 

Chaps.  28-25.]  REVISED   LaWS.  971 

Sect.  12  amended.     St.  1906,  67  §  1.     (See  1907,  225  §  1.) 

Sect.  18.     See  St.  1907,  225. 

Sect.  24.     See  St.  1907,  225. 

Sect.  31  amended.     Powers  of  commissioners  increased.     St.  1902,  422. 

Sect.  32  amended.     Salaries  classified  and  established.     St.  1904,  452 

§§1,3. 

Provision  for  future  readjustments  of  salaries.     St.  1904,  452  §  2. 

Chapter  23.  —  Of  Sheriffs. 

Sect.  1.     See  St.  1908,  195,  469. 

Sect.  2.     See  St.  1906,  147;   1907,  312. 

Sect.  17.     Tenure  of  office.     St.  1906,  147. 

Sect.  18.  Salaries  changed:  Essex,  St.  1907,  254.  Franklin,  1902, 
359.  Hampden,  1906,  233.  Hampshire,  1908,  442.  Norfolk,  1908, 
446.     Plymouth,  1902,  436.     Worcester,  1908,  397. 

Chapter  24.  —  Of  Medical  Examiners. 

Sect.  7  amended.     St.  1908,  424  §  1. 
Sect.  11  amended.     St.  1904,  119. 

Chapter  25.  — Of  Towns  and  Town  OflBcers. 

Provision  for  boards  of  survey.     St.  1907,  191. 

Town  may  provide  for  choice  of  a  moderator  for  one  year.  St.  1902, 
346  §  1.  He  shall  be  sworn  in.  St.  1902,  346  §  2.  Provision  in  case  of 
his  absence.  St.  1902,  346  §  3.  May  provide  industrial  schools.  St. 
1906,  505  §  3.  May  establish  a  rifle  range.  St.  1908,  256.  Public 
gymnasiums,  baths,  etc.  St.  1908,  392.  Town  may  appropriate  money 
for  observance  of  "old  home  week  or  day."  St.  1902,  109;  1907,  311. 
And,  not  exceeding  $500,  for  band  concerts.  St.  1904,  152;  1908,290. 
For  propagation  and  cultivation  of  shellfish.  St.  1904,  282  §  1.  For  re- 
moval of  snow  and  ice  from  sidewalks  in  certain  cases  and  assess  cost  on 
abutting  estates.  St.  1902,  205.  For  monuments  to  soldiers  and  sailors 
of  the  revolution.  St.  1903,  116.  For  certain  pensions.  St.  1907,  186. 
For  maintenance  of  highways,  with  neighboring  city  or  town.  St.  1907, 
196.  Towns  may  regulate  and  license  junk  collectors.  St.  1902,  187. 
May  grant  permits  in  certain  cases  for  transportation  of  intoxicating  liquors. 
St.  1906,  421  §  2.  May  contribute  toward  expense  of  state  highway's. 
St.  1904,  125.  May  reuulate  speed  of  automobiles  and  motor  cycles,  and 
use  thereof  in  certain  ways.  St.  1903,  473  §  14;  1905,  366  §  1  ;  1906, 
412  §  9;  1908,  263,  467.  May  license  lunch  wagons.  St.  1908,  360. 
(See  1905,  311  ;  1906,  353,  412;  1907,  203,  494.)  May  establish  hours 
of  labor  of  fire  department.  St.  1904,  315.  Pension  fund  for  teachers. 
St.  1908,  498.  May  provide  for  care  of  neglected  burial  grounds.  St. 
1902,  389.  May  restrict  catching  of  pickerel.  St.  1905,^417.  Select- 
men may  authorize  street  railway  companies  to  take  land  for  certain  pur- 
poses. St.  1903,  476  §  1.  Towns  having  no  electric  light  may  contract 
therefor  with  street  railway  companies.     St.  1902,  499;   1906,  218.     (See 


972  Changes  in  the  [Chap.  25. 

190G,  40)3  III  §  59.  )  Provision  for  suppressing  elm  leaf  beetles  and 
gypsy  and  brown-tail  moths.  St.  1902,  o7  ;  1905,  381  ;  1906,  268;  1907, 
521  ;  1908,  591.  Bounty  to  be  paid  for  killing  a  wild-cat,  Canada  lynx  or 
loupeervier.  St.  1903,  344  §  1.  As  to  damages  caused  by  wild  deer, 
see  St.  1903,  407.  Act  for  protection  of  forest  or  sprout  land  from  fire. 
St.  1908,  209.  For  protection  of  sources  of  water  suppl}-.  St.  1908,  499. 
Provision  for  public  play  grounds  in  certain  cities  and  towns.  St.  1908, 
513.     Disposition  of  certain  disabled  horses.     St.  1908,  133, 

Acts  relative  to  taking  land  in  certain  cases  by  right  of  eminent  domain. 
St.  1904,  443  ;  1905,  390.  Act  relative  to  common  landing  places.  St. 
1908,  606. 

Cities  and  towns  authorized  to  establish  municipal  building  insurance 
funds.     St.  1905,  191  ;   1907,  576  §  102. 

Sect.  13  extended.     St.  1907,  232  §  1. 

Sect.  14  amended.     St.  1902,  544  §  6.      (See  1908,  360,  499.) 

Sect.  15.  Par.  4,  see  St.  1903,  400.  Par.  5,  see  St.  1904,  125;  1907, 
196.     Par.  15,  see  St.  1903,  483.     See,  also,  St.  1908,  290,  392,  498. 

Sect.  16.  See  St.  1902,  57;  1905,  381;  1906,  268;  1907,  521  ;  1908, 
591. 

Sect.  18  amended.     St.  1908,  91. 

Sect.  22  amended.     St.  1908,  452. 

Sect.  23.     Par.  4,  see  St.   1902,  205.    Par.  7,  see  St.  1903,  383  §  3. 

Sect.  24.     See  St.  1903,  475  §  14  ;  1905,  366  §  1. 

Sect.  26  revised.  By-laws  to  be  approved  by  attorney-general  and 
published  three  times.     St.  1904,  244  §  1.     (See  1904,  344  §  2 ;  1905,  144.) 

Sect.  27.     Repeal  and  substitute.     St.  1907,  117;  1908,  142. 

Sect.  31  et  seq.  Towns  and  cities  may  authorize  laying  of  pipes  and 
conduits  for  conveyance  of  water.     St.  1903,  459. 

Sect.  35.     Extended  to  purchase  of  water.     St.  1902,  361. 

Sect.  37.     See  St.  1905,  266. 

Sect.  45  et  seq.     See  St.  1904,  317,  443. 

Sect.  49.     See  St.  1905,  266. 

Sect.  54.     See  St.  1902,  449. 

Sect.  57.  Provision  for  protection  of  persons  furnishing  labor  or 
materials  on  public  works.     St.  1904,  349. 

Sect.  59  et  seq.  See  St.  1904,  364;  1905,  317  §  2;  1906,  277;  1908, 
209  §  3,  306  §  3,  402  §  2,  484  §§  2,  4. 

Sect.  65.     See  St.  1907,  191  §  1. 

Sect.  68.     See  St.  1907,  579. 

Sect.  69.     See  St.  1908,  550. 

Sect.  72  et  seq.     See  St.  1904,  458  §  3. 

Sect.  74  amended.  St.  1904,  277  §  1.  Police  officer  or  treasurer  may 
prosecute  for  fines,  etc.     St.  1904,  277  §  2. 

Sect.  75.     See  St.  1908,  99. 

Sect.  79.     Certain  trust  accounts  to  be  audited.     St.  1904,  322.     (See 

1906,  296  §  1.) 

Sects.  81-83.     Act  to  authorize  establishment  of  board  of  survey.     St. 

1907.  191.      (See  1908,  552.) 
Sect.  83.     See  St.  1902,  57. 


Chap.  26.]  REVISED   LaWS.  973 

Sect.  9-i.  Policemen  and  firemeu  may  be  pensioned.  St.  1904,  327. 
And  their  widows.  St.  1907,  186.  Provision  for  license  to  carry  loaded 
pistol.  St.  1906,  17^  §  1.  (See  1908,  133.)  Vacations  for  policemen. 
St.  1908,  476. 

Sect.  100.     See  St.  1908,  464. 

Chapter  26.  — Of  Cities. 

Contracts  made  by  cities  shall  be  open  to  inspection  by  the  public.  St. 
1907,  343. 

Cities  must  provide  a  place  for  preservation  of  certain  public  docu- 
ments.    St.  1907,  117;  1908,  142. 

Cities  and  towns  authorized  to  establish  municipal  building  insurance 
funds.  St.  1905,  191  ;  1907,  576  §  102.  To  establish  industrial  schools. 
St.  1906,  505  §  3.  A  rifle  range.  St.  1908,  256.  Provision  for  sup- 
pressing elm  leaf  beetles  and  gypsy  and  brown-tail  moths.  St.  1902,  57; 
1905,  381 ;  1906,  268;  1907,  5^21  ;  1908,  591.  For  disposition  of  disabled 
horses  owned  by  cit}'  or  town.     St.  1908,  133. 

City  may  appropriate  money  for  observance  of  "  home  week."  St. 
1902,  109.  And  for  memorials  of  persons  who  served  in  Spanish-American 
war.  St.  1902,  286.  And  in  the  war  of  the  revolution.  St.  1903,  116. 
For  care  of  neglected  burial  grounds.  St.  1902,  389.  For  propagation 
and  cultivation  of  shellfish.  St.  1904,  282  §  1.  For  maintenance  of 
highway,  with  neighboring  city  or  town.  St.  1907,  196.  May  contribute 
toward  expense  of  state  highway^s.  St.  1904,  125.  May  regulate  and 
license  junk  collectors.  St.  1902,  187.  Lunch  wagons.  St.  1908,  360. 
May  regulate  speed  of  automobiles  and  motor  cycles,  and  use  thereof  in 
certain  ways.  St.  1903,  473  §  14;  1905,  366  §  1  ;  1906,  412  §  9;  1908, 
263,467.  (See  1905,311;  1906,353,412;  1907,203,494,580.)  May 
establish  hours  of  labor  of  fii*e  department.  St.  1904,  315.  Aldermen 
mav  authorize  street  railway  companies  to  take  land  for  certain  purposes. 
St.^1903,  476  §  1.  (See  1906,  463  III  §  59.)  Cities  may  authorize  laying 
of  pipes  and  conduits  for  conveyance  of  water.  St.  1903,  459.  May 
grant  permits  in  certain  cases  for  transpoi'tation  of  intoxicating  liquors, 
St.  1906,  421  §  2. 

Acts  relative  to  taking  laud  in  certain  cases  by  right  of  eminent  domain. 
St.  1904,  443;    1905,  390. 

Sect.  2.     See  St.  1904,  349  ;  1906,  277,  296  §  1  ;  1908,  552. 

Sect.  7.  Overseers  of  the  poor  to  be  elected  for  three  years  in  certain 
cities.     St.  1902,  444. 

Sects.  7,  8.  See  act  relative  to  term  of  office  of  municipal  auditors. 
St.  1905,  373.     And  of  police  officers.     St.  1906,  210;   1907,  272. 

Sect.  15.     See  St.  1906,  277  §  2. 

Sect.  19.     See  St.  1906,  210;  1907,  272;  1908,  476. 

Sect.  21.  Cities  (except  Boston)  may  provide  annuities  for  widows  and 
minor  children  of  police  officers  who  die  from  injuries  received  in  discharge 
of  dutv.  St.  1902,  437.  (See  1903,312;  1906,210.)  Vacations  for 
policemen.     St.  1908,  476. 

Sect.  22.     See  St.  1907,  577. 


974  Changes  ix  the  [Chaps.  27-29. 

Sect.  28.     See  St.  1903,  457  ;  1904,  371. 
Sect.  33  limited.     St    1908,  48. 
Sect.  40.     See  St.  1906,  291  §  10. 

Chapter  27.  —Of  Municipal  Indebtedness. 

Contracts  made  by  cities  sliall  be  open  to  public  inspection.  St.  1907, 
343. 

Cities  and  towns  authorized  to  establisli  municipal  building  insurance 
funds.     St.  1905,  191 ;  1907,  576  §  102. 

Sect.  3.     See  St.  1902,  325;   1905,  191  §  2;   1907,  576  §  103. 

Sect.  5  revised.     St.  1908,  341  §  2. 

Sects.  6,  10.  Notes  may  be  non-interest  bearing  and  sold  at  a  discount. 
St.  1904,  153.      (See  1908,  250  §  2,  464,  594.) 

Sect.  10  amended.     St.  1908,  250  §  1. 

Sect.  11  amended.     "Parks"  added.     St.  1903,  375. 

Sect.  13  amended.     St.  1908,  341  §  1. 

Sects.  13,  14,  15.     See  St.  1902,  325. 

Sect.  15.     See  St.  1905,  191  §  3;  1907,  576  §  104. 

Sect.  19.     See  St.  1903,  226;   1907,  474  §  13. 

Chapter  28.  —  Of  Public  Parks,  Playgrounds  and  the  Public  Domain. 

Provision  for  public  plaj^grounds  in  certain  cities  and  towns.  St.  1908, 
513. 

The  taking  of  land  in  certain  cases  by  right  of  eminent  domain  is  regu- 
lated.    St.  1904,  443;   1905,  390.      (See  1904,  317;   1905,  266.) 

Office  of  state  forester  established  and  duties  prescribed.  St.  1904,  409  ; 
1907,473.  (See  1907,475;  1908,  209.)  Provision  for  reforestation.  St. 
1908,  478. 

As  to  metropolitan  park  commission,  see  St.  1893,  407 ;  1894,  288  ; 
1895,  450;  1896,465;  1898,  473,  531;  1899,400,406,419;  1900,413, 
475  ;  1901,  83,  146,  380  ;  1902,  77,  166,  172  ;  1903,  158,  290,  429  ;  1904, 
170,  236,  237,  431  ;  1905,  366,  456,  457;  1906,  336,  353  §  4,  368,  375; 
1907,  404,  433,  449  ;  1908,  158,  195,  301,  324,  476,  651. 

Sect.  1  amended.     St.  1902,  544  §  7. 

Sects.  2,  3.     See  St.  1903,  158,  331  §  1  ;  1905,  205. 

Sect.  8.     See  St.  1905,  266. 

Sect.  10  amended.     St.  1908,  341  §  3. 

Sect.   17.     See  St.  1908,  590  §  51. 

Sects.  19-22.     See  St.  1908,  513. 

Sect.  25.     See  St.  1902,  57,  495;  1904,  409;   1905,  381;   1906,  268. 

Chapter  29.  —  Of  the  Returns  and  Registry  of  Births,  Marriages  and 

Deaths. 

Provision  for  printing  and  preserving  certain  town  records.  St.  1902, 
470. 

Sect.  6.     See  St.  1905,  330  §  1. 

Sect.  18  amended.     St.  1903,  305  §  1  ;  1906,  415  §  1. 

Sect.  22  amended.     St.  1902,  544  §  8. 


Chaps.  30-34.]  REVISED   LawS.  975 


Chapter  30.  —  Of  Workhouses  and  Almshouses. 

Sect.  1.  See  St.  1903,  400;  1905,  162.  Offenders  not  to  be  confined 
or  associate  with  paupers.  St.  1904,  274;  1905,  348  §  1.  (See  1905, 
344.) 

Chapter  32.  —  Of  the  State  Fire  Marshal,  Fires,  Fire  Departments  and 

Fire  Districts. 

Offices  of  state  fire  marslial,  deputy  and  subordinates  abolished  and  de- 
partment transferred  to  district  police.  St.  1902,  142  ;  1903,  365.  (See 
1904,  370,  433;  1905,  247,  280,  461.) 

Sect.  13.     See  St.  1905,  266. 

Sect.  15  e^  seq.  Name  changed  to  forest  wardens.  St.  1907,  475  §  5. 
Provision  for  protection  of  forest  or  sprout  lands  from  fire.  St.  1907,  475  ; 
1908, 209. 

Sect.  16  amended.     St.  1907,  475  §  1. 

Sects.  17,  18,  22  repealed.     St.  1907,  475  §  10. 

Sect.  20  amended.     St.  1907,  475  §  3.     (See  1907,  299.) 

Sect.  24.     See  St.  1908,  209  §  5. 

Sect.  26  et  seq.     See  St.  1904,  194,  315,  327. 

Sect.  37.  Extended  to  hospital  ambulances.  St.  1904,  161.  (See 
1889,  57.)     Firemen's  parades  authorized  in  certain  cases.     St.  1906,  139. 

Sect.  45.     See  St.  1908,  133. 

Sect.  49  amended.     St.  1906,  63  §  1. 

Sect.  67  revised.     St.  1908,  98. 

Sects.  71,  72.     Amount  increased.     St.  1902,  108;   1906,  171. 

Sect.  73  revised.     St.  1903,  253  §  1. 
.  Sect.  81  amended.     St.  1906,  476  §  1.      (See  1904,  327;   1907,  186.) 

Chapter  33.  — Of  Fences  and  Fence  Viewers,  Pounds  and  Field 

Drivers. 

Sect.  26.     See  St.  1905,  266. 

Chapter  34.  — Of  the  Manufacture  and  Distribution  of  Gas  and  Elec- 
tricity by  Cities  and  Towns. 

Sect.  1,  in  part,  repealed.  St.  1906,  463  III  §  158.  (See  1902,  449  ; 
1906,  218,  463  III  §  59  et  seq.) 

Sect.  7  revised.     St.  1908,  341  §  4. 

Sect.  10  amended.     St.  1903,  255  §  1. 

Sect.  U  revised.     St.  1905,  410  §  1.      (See  1905,  410  §  7  ;   1906,  422.) 

Sect.  12  revised.     St.  1905,  410  §  2. 

Sect.  20  revised.     St.  1905,  410  §  3. 

Sect.  21  revised.     St.  1905,  410  §  4;   1906,  411  §  1  ;  1908,  486. 

Sect.  27  revised.     St.  1905,  410  §  5. 

Sect.  28.     See  St.  1905,  266. 

Sect.  29  revised.  St.  1905,  410  §  6. 

Sect.  32  (new)  added.  St.  1905,  410  §  7. 


97G  Cha:!4^GES   in   the  [Chaps.  35-40. 


Chapter  35.  —  Of  the  Public  Records. 

Certain  public  records  in  Norfolk  to  be  transferred  to  Essex.  St.  1902, 
311  §  1. 

Sect.  3.     See  St.  1902,  470  §  1. 

Sect.  5.     See  St.  1903,  177. 

Sect.  5  et  seq.  Act  providing  for  attesting  and  certifying  public  records 
in  certain  cases.     St.  1907,  225. 

Sect.  9  amended.     St.  1908,  57. 

Sects.  12,  14.  As  to  custody  of  records  deposited  elsewhere  than  where 
they  originally  belonged,  see  St.  1902,  311  §§  2,  3. 

Sect.  17  limited.     St.  1903,  177  ;  1905,  330  §  3. 

Sect.  23  amended.     St.  1903,  177  §  1. 

Chapter  36.  —  Of  Parishes  and  Religious  Societies. 

Sect.  27  amended.     St.  1905,  167. 

Chapter  38.  —  Of  Libraries. 

Sects.  2-5.     See  St.  1904,  209. 

Sect.  4.     See  St.  1903,  442;   1906,  428,  527  ;  1907,  278,  279,  280,  281. 

Sect.  11  et  seq.     See  St.  1902,  470  §  1. 

Sect.  12.     See  St.  1908,  195. 

Sect.  15.     Provision  for  annual  expenditure.     St.  1906,  183. 

Chapter  39.  — Of  the  Board  of  Education. 

Acts  relative  to  the  employment  of  school  teachers  through  the  board  of 
education.     St.  1906,  399;   1907,  213. 

Board  may  provide  transportation    for  children  in  certain  cases.     St. 

1903,  483.     They  may  form  or  adjust  unions  of  towns  for  employment  of 
superintendents.     St.  1903,  299.     And  determine  their  qualifications.     St. 

1904,  215. 

Sect.  2  amended.     St.  1904,  234  §  1. 

Sects.  3,  4,  9,  12,  13,  14,  15,   16  repealed.     St.   1904,  234  §  3.      (See 
1903,  456  §  4;   1906,  502  §  6;  1908,  189,  411.) 
Sect.  9.     See  St.  1906,  200  ;  1908,  427. 
Sect.  10.     See  St.  1908,  257. 
Sect.  15.     See  St.  1906,  399  §  2. 
Sects.  19-21.     See  St.  1906,  385. 
Sect.  20.     See  St.  1905,  211  §  1. 

Chapter  40. —  Of  Teachers'  Institutes  and  Associations. 

Sects.  2,  6  in  part  repealed.     St.  1903,  456  §  4. 
Sect.  4  amended.     St.  1904,  383  §  1  ;   1905,  260  §  1. 
Sect.  5  repealed.     St.  1905,  260  §  2. 


Chaps.  41-45.]  REVISED   LawS.  977 


Chapter  41.  —  Of  the  School  Funds. 

As  to  technical  education  fund,  see  St.  1904,  174. 

Sects.  4,  5  repealed  and  new  provisions  made  for  distribution  of  in- 
come of  the  school  fund.     St.  1903,  456;   1904,  107.     (See  1904,  189.) 

Chapter  42.  — Of  the  Public  Schools. 

Acts  relative  to  the  employment  of  school  teachers  through  the  board  of 
education.     St.  1906,  399;  1907,  213. 

Provisions  for  schools  in  Boston.  St.  1889,  297  ;  1895,  408  ;  1897,  202, 
442;   1898,  400;  1899,  362;   1900,  235,  237;   1901,  448,  473;  1902,  386; 

1903,  170;  1904,  212,  376;   1905,  349,  392;  1906,  205,  231,  259,  318, 
489  §  8;   1907,  295,  357,  450;   1908,  524,  589. 

Provision  for  schools  for  the  blind.  St.  1906,  385  §§  4-6.  For  indus- 
trial schools.  St.  1906,  505  ;  1908,  639.  For  a  state  school  for  the 
feeble-minded.     St.  1906,  508;  1907,  421.      (See  1908,  629.) 

Sect.  1  amended.     St.  1908,  181. 

Sect.  3  amended  as  to  amounts  to  be  furnished  by  the  Commonwealth. 
St.  1902,  433  ;   1906,  200  ;   1908,  427. 

Sect.  10  repealed.     St.  1906,  505  §  8. 

Sect.  14.     See  St.  1904,  172. 

Sect.  20.     See  St.  1905,  328;   1908,  354. 

Sects.  25-39.  School  committees  authorized  to  exhibit  school  work  in 
certain  cases.  St.  1904,  172.  No  member  of  school  committee  shall  be 
eligible  to  position  of  teacher,  master  or  superintendent  of  public  schools 
of  the  town  or  district.  St.  1904,  173.  Provision  for  appointment  of 
school  physicians.  St.  1906,  502;  1908,  189,  412.  For  pension  funds. 
St.  1908,  498. 

Sects.  26,  34.  See  act  relative  to  authority  of  school  committee  over 
organizations  of  school  pupils.     St.  1906,  251. 

Sect.  28.     See  St.  1906,  399  ;  1908,  498. 

Sect.  30  repealed.     St.  1903,  456  §  4.     (See  1904,  107.) 

Sect.  39.     See  St.  1904,  107  §  2. 

Sect.  43.     See  St.  1906,  505  §  4. 

Sects.  43-48.  Board  of  education  may  form  or  adjust  unions  of  towns. 
St.    1903,   299.     And   determine   qualifications   of   superintendents.     St. 

1904,  215. 

Chapter  44.  —  Of  School  Attendance. 

Sect.  1  amended.     St.  1905,  320  ;  1906,  383.      (See  1906,  413,  489.) 

Sect.  4  amended.     St.  1905,  375  §  1. 

Sect.  4  et  seq.     See  St.  1903,  483. 

Sect.  6  amended.     St.  1906,  371  §  1  ;  1907,  215. 

Chapter  45.  — Of  the  Nautical  Training  School. 

Sect.  5  amended  relative  to  annual  expenditure.  St.  1903,  171  §  1. 
(See  1908,  195,  469.) 


978  Changes  in  the  [Chaps.  46-48. 


Chapter  46.  — Of  Truants  and  Truant  Schools. 

Act  to  provide  for  the  commitment  of  habitual  truants,  habitual  absen- 
tees and  habitual  school  offenders.  St.  1906,  389.  (See  1906,  489,  499 
§  3;   1907,  137,  158,  195,  411  ;   1908,  286.) 

Acts  relative  to  wayward  and  delinquent  children.  St.  1906,  413,  489  ; 
1907,  411  ;   1908,  G37. 

Sect.  1  amended.  Franklin  and  Hampshire  excepted.  St.  1902,  256. 
(See  1906,  148;   1908,  103.) 

Sects.  3,  4,  5  revised.     St.  1903,  330  §§  1,  2,  3  ;  1904,  220  §§  1,  2,  3  ; 

1906,  389.     (See  1906,  413,  489  ;  1908,  286.) 
Sect.  8  amended.     St.  1904,  220  §  4. 

Sect.    9   amended.     Jurisdiction  ti-ansferred   to  board  of   trustees  or 
county  commissioners.     St.  1903,  308  §  1. 
Sect.  10  amended.     St.  1903,  330  §  4. 
Sect.  11.     See  St.  1903,  334  §§  1-3  ;  1906,  389,  413,  489,  499  §  5,  501  ; 

1907,  137,  158,  195. 

Sect.  13.     See  St.  1904,  356;  1906,  499. 

Chapter  47.  —  Of  State  Highways. 

Massachusetts  highway  commission  to  have  general  supervision  of  tele- 
graph and  telephone  companies.  St.  1906.  433.  Salaries  increased.  St. 
1906,  433  §  1.      (See  1907,  446  ;   1908,  648.) 

An  act  relative  to  shade  trees  on  state  highways.  St.  1905,  279  ;  1908, 
297.     (See  1908,  296  §  4.) 

Provision  for  expenses.  St.  1902,  246;  1903,  280;  1904,  244;  1908, 
642. 

Sects.  1,  2.  Provisions  for  registering  and  licensing  automobiles,  etc. 
St.  1903,  473  ;  1905,  311,  366.  And  for  rules  and  regulations  concerning 
use  and  operation  of  same.    St.  1906,  353,  412 ;   1907,  203,  408,  494,  580  ; 

1908,  263,  642,  648.      (See  1902,  315  ;   1906,  433  §  1  ;  1908,  467.) 
Sect.  3.     See  St.  1906,  433  §  4. 

Sect.  6  amended.     St.  1904,  108  §  1.     (See  1904,  117,  317,  443.) 
Sects.  9,  13.     See  St.  1905,  266. 

Sect.    10.     Towns  and  cities  may  contribute  toward  expense  of  con- 
struction.    St.   1904,  125. 
Sect.  11.     See  St.  1905,  279. 

Sect.  16.     See  St.  1903,  280  §  2  ;  1904,  244  §  1  ;  1908,  642  §  1. 
Sect.  17  revised.     St.  1908,  279. 
Sect.  21.     See  St.  1905,  279;   1906,  463  III  §  72. 

Chapter  48.  —  Of  the  Laying  Out  and  Discontinuance  of  Ways  and 
of  Damages  caused  by  the  Taking  of  Land  for  Public  Uses. 

Act  relative  to  common  landing  places.     St.  1908,  606. 

Provision  for  laying  out,  etc.,  of  ways  in  towns  b}'  a  board  of  survej'. 
St.  1907,  191.  And  for  maintenance  by  neighboring  cities  or  towns. 
St.  1907,  196.     As  to  maintenance  of  certain  bridges,  see  St.  1908,  552. 


Chaps.  49,  50.]  REVISED   LawS.  979 

All  act  relative  to   damages    for   the  taking  of  property  by   right   of 
eminent  domain.     St.  lliOl,  317.     The  taking  of  laud  in  certain  cases  by 
riuht  of  eminent  domain  is  regulated.     St.  1904,  443;   1905,  390. 
^Sects.  1-5.     See  St.  1890,  320  §  19;   190G,  2G0  ;  1907,  191. 

Sect.   12.     See  St.  1907,  191  §  4. 

Sects.  13-lG.     See  St.  1904.  317. 

Sects.  17-19,  26.     See  St.  1906,  463  II  §  95. 

Sects.  20,  26,  27.     See  St.  1905,  266. 

Sect.  52  amended.  Towns  may  be  required  to  pay.  St.  1903,  243. 
(See  1904,  125.) 

Sects.  54,  55  amended.     St.  1908,  4-31  §§  4,  5. 

Sect.  68  et  seq.     See  St.  1904,  317. 

Sect.  85.     See  St.  1906,  463  III  §  50. 

Sect.  88.  AVays  in  Suffolk.  St.  1888,  397;  1891,  323;  1892,  401, 
415  §3,418;  1895,494;  1896,237;  1897,166,167,319,394;  1898,210, 
•2b2,  298,566;  1899,  433,  443,  450;  1900,  478;  1901,  199,  465;  1902, 
521  ;  1906,  214,  258.  (See  1898,  540  §  2  ;  1903,  331  §  2  ;  1905,  205  §  1 ; 
1908,  447.) 

An  act  relative  to  Boston  bridges.     St.  1902,  224.      (See  1904,  412.) 

Sect.  90.     See  St.  1906,  463  II  §§  2,  7. 

Sect.  97.     See  St.  1904,  117;  1906,  128. 

Sect.  107  et  seq.     See  St.  1904,  317  ;  1908,  499. 

Chapter  49.  —  Of  Sewers,  Drains  and  Sidewalks. 

As  to  metropolitan  water  and  sewerage  system,  see  St.  1889,  439  ;  1895, 
342,  406;  1897,  80,  81,  83,  88,  502;  1901,  168;  1902,  101,  189;  1903, 
161,  242  ;  1905,  457  ;  1906,  235,  337,  338,  369,  404,  406,  457,  530  ;  1907, 
165,  238. 

As  to  Boston,  see  St.  1891,  323  ;  1892,  402  ;  1894,  227,  256  ;  1895,  297, 
494;  1896,  237,  359;  1897,  426;  1898,  257;  1899,  450;  1900,  126,  478; 
1901,  199;  1902,  521,  526;  1903,  268;   1907,  464. 

Provision  for  separate  systems  of  drainage  for  sewage  and  other  waters. 
St.  1903,  383.      (See  1907,  464.) 

Sect.   1.     See  St.  1907,  191  §  4. 

Sect.  2.     See  St.  1904,  317,  443 ;   1905,  266,  390. 

Sect.  15  amended.     St.  1907,  177;   1908,  356. 

Sect.  16  amended.     St.  1908,  453. 

Sect.  24  amended.     St.  1907,  365. 

Sect.  30.     See  St.  1903,  383  §  1. 

Sects.  43-45.  Provision  for  apportionment  of  sidewalk  assessments. 
St.   1908,  216. 

Chapter  50.  —  Of  Betterments  and  other  Assessments  on  Account  of 
the  Cost  of  Public  Improvements. 

Provision  for  authoritative  ascertainment  of  municipal  liens  on  real  estate. 
St.  1907,  378;   1908,  299. 
As  to  assessments  in  Boston,  see  St.  1902,  521  §  1,  527  ;  1903,  235. 
Sect.  1.     See  St.  1904,  443  §  23  ;  1906,  463  III  §§  67-69. 


980  ChAXGES   IX   THE  [Chaps.  51-56. 

Sect.  3.     See  St.  1904,  317. 
Sect.  11  revised.     St.  1902,  503. 

Sects.  15,  16.  Provision  for  apportionment  of  sidewalk  assessments. 
St.  1908,  216. 

Chapter  51. —  Of  the  Repair  of  Ways  and  Bridges. 

Act  I'elative  to  the  maintenance  of  highways  by  neighboring  cities  or 
towns.  St.  1907,  196.  Relative  to  repair  and  maintenance  of  certain 
bridges.     St.   1908,  552. 

Provision  for  paving  private  passageways  in  certain  cities.  St.  1894, 
119;   1907,  256. 

Sect.  18.     See  St.  1905,  266. 

Sects.  20,  21,  22  affected.     St.  1908,  305.      (See  1907,  204.) 

Chapter  52.  — Of  Regulations  and  By-Laws  relative  to  Ways  and 

Bridges. 

Advertising  signs  restricted  in  streets  of  Boston.  St.  1895,  352;  1897, 
413  §  6.     Licenses  for  street  stands  in  Boston.     St.  1907,  584. 

Provisions  for  regulating  use  and  operation  of  automobiles  and  motor 
vehicles  on  highways.  St.  1903,  473  §§  3-11;  1905,  311,  366;  1906, 
353,  412  ;  1907,  203,  408,  494,  580  ;  1908,  263,  642, 648.     (See  1902, 315.) 

Sect.  1.     See  St.  1906,  234. 

Sect.  5.     See  St.  1902,  205. 

Sects.  7,  8.  Hospital  ambulances  shall  have  right  of  way  in  streets. 
St.  1904,  161. 

Chapter  53.  —  Of  the  Boundaries  of  Highways  and  Other  Public 
Places  and  Encroachnaents  thereon. 

Sect.  6  amended.     St.  1908,  296  §  1. 

Sect.  12  amended.     St.  1908,  296  §  2.      (See  St.  1902,  57;   1904,  409; 
1905,  279,  381  ;   1906,  268;  1908,  297.) 
Sect.  13  amended.     St.  1908,  296  §  3. 
Sect.   14  repealed.     St.  1907,  475  §  10. 

Chapter  54. —  Of  the  Law  of  the  Road. 

Act  relative  to  the  law  of  the  road.     St.  1908,  512. 

Provisions  for  regulating  use  and  operation  of  motor  vehicles.  St. 
1903,  473  §§  3-11;  1905,  311,  366;  1906,  353,  412;  1907,  203,  408,  494, 
580;   1908,  263,  642,  648.      (See  1902,  315;   1908,  467.) 

Rights  of  way.  Troops.  St.  1905,  465  §  149.  Hospital  ambulance. 
St.  1904,  161. 

Chapter  56.— Of  the  Regulation  of  Trade  and  the  Inspection  and 

Sale  of  Food. 

Act  to  make  uniform  the  law  relating  to  the  sale  of  goods.  St.  1908, 
237. 

Act  relative  to  monopolies  and  discriminations  in  sale  of  articles  or 
commodities  in  common  use.     St.  1908,  454. 


Chap.  57.]  REVISED   LaWS.  981 

Act  to  regulate  lease  and  sale  of  machinery,  tools,  implements  and  ap- 
pliances.    St.  iy07,  4G9. 

An  act  relative  to  wood  alcohol,     St.  1905,  220. 

Misrepresentations  as  to  merchandise  for  sale  are  made  punishable.  St. 
1902,  397  ;   1907,  383.      (See  1903,  415.) 

Sects.  3,  4  repealed.  Office  of  inspector  general  of  fish  abolished,  and 
powers  and  duties  transferred  to  commissioners  on  fisheries  and  game.     St. 

1902,  138. 

Sect.  5  repealed.     St.  1903,  196  §  1. 

Sects.  42,  52.     See  St.  1908,  531  §  5. 

Sect.  48  amended.     Penalty  changed.     St.  1903,  361. 

Sects.  53,  55.  See  St.  1906,  116  §§  1,2.  Act  relative  to  proper  mark- 
ing of  heated  milk.     St.  1908,  570. 

Sect.  56  revised.     St.  1908,  643. 

Sect.  56  et  seq.     Standard  established  for  cream.     St.  1907,  216. 

Sect.  59.     See  St.  1906,  116  §  3,  323;   1908,  435. 

Sect.  65  et  seq.  Name  of  station  changed  to  Massachusetts  Agricul- 
tural Experiment  Station.     St.  1907,  66. 

Sect.  70  affected.  St.  1907,  243.  Amended.  St.  1908,  411  §  1.  (See 
1908,  329.) 

Sect.  71  amended.     St.  1908,  411  §  2. 

Sect.  72  amended.     St.  1908,  411  §  3. 

Sect.  73  limited.     St.  1907,  293. 

Chapter  57.  —  Of  the  Inspection  and  Sale  of  Various  Articles. 

Act  relative  to  sale  of  paint,  turpentine  and  linseed  oil.     St.  1908,  531. 

Provision  for  penalty  for  giving  false  weight  or  measure.  St.  1907, 
394. 

Baking  powders  to  be  labelled  with  names  of  ingredients.  St.  1902, 
540. 

Sect.  6  revised.     St.  1908,  197. 

Sect.  11  et  seq.     Regulations  for  sale  of  concentrated  feed  stuffs.     St. 

1903,  122  §§  1-10;  1904,  332  §  1. 

Sect.  12.     Name  of  station  changed.     St.  1907,  66. 

Sect.  18.     See  St.  1907,  289. 

Sect.  20  superseded.     St.  1903,  122  §  11. 

Sect.  24  revised.     St.  1903,  408  §§  1-3  ;   1905,  209. 

Sect.  25.     See  St.  1908,  237  §  6. 

Sects.  31,  39,  46,  60,  63,  91.     See  St.  1907,  394. 

Sect.  39.  Inspection  and  weighing  to  be  made  when  required  by  vendee 
at  the  time.     St.  1902,  459. 

Sect.  83.  A  woman  or  a  non-resident  may  be  appointed  a  weigher  of 
coal.     St.  1902,  159,  453  §  1. 

Sect.  84  revised.     St.  1907,  228  §  1.     (See  1908,  237  §  6.) 

Sect.  84  et  seq.  License  required  for  dealer  in  coal  or  coke.  St. 
1903,  484. 

Sect.  85  repealed.     St.  1907,  228  §  2. 

Sect.  86  revised.     St.  1908,  205  §  1. 

Sect.  87  amended.     St.  1908,  205  §  2. 


982  Changes  in  the  [Chaps.  58-64. 

Sect.  88  amended.     St.  1902,  453  §  2  ;  1908,  304. 
Sect.  89  amended.     St.  1902,  453  §  3. 
Sect.  91  amended.     St.  1902,  453  §  4. 

Chapter  58.  — Of  the  Inspection  of  Gas  and  Gas  Meters. 

Sect.  1.  Powers  and  duties  of  inspector  transferred  to  board  of  ^as 
and  electric  light  commissioners.  St.  1902,  228  §  1.  (See  1906,  422.) 
Inspectors'  salaries.     St.  1908,  536  §  2.     (See  1902,  228  §  6  ;  1907,  54  §  2.) 

Sects.  1,  2,  3,  4,  5,  6,  7.  Repeal  and  substitute.  St.  1902,  228;  1907, 
54.     (See  1908,  195,  469.) 

Sect.  14  amended.     St.  1903,  464  §  1.     (See  1902,  228  §  3.) 

Chapter  60.  —  Of  the  Survey  and  Sale  of  Lumber,  Ornamental  Wood 

and  Ship  Timber, 

Sect.  1.     See  St.  1908,  195,  469. 
Sect.  4  amended.     St.  1902,  477  §  1. 
Sect.  7  amended.     St.  1902,  477  §  2. 
Sects.  9,  10,  11  repealed.     St.  1902,  477  §  3. 

Chapter  62.  —  Of  Weights  and  Measures. 

The  provisions  of  this  chapter  are  extended  to  weights,  balances,  etc., 
having  a  device  to  indicate  price  as  well  as  weight.     St.  1907,  535. 

Act  relative  to  the  penalty  for  giving  false  weight  or  measure.  St. 
1907,  394. 

Sects.  2,  3.     See  St.  1903,  408  §  1. 

Sect.  3.     Barrel  of  sweet  potatoes  150  pounds.     St.  1902,  115. 

Sects.  8-11  in  part  superseded  and  a  state  commission  established.  St. 
1907,  534.     (See  1902,  457.) 

Sect.  17  amended.  Provision  charging  expense  to  counties,  cities  and 
towns  omitted.     St.  1902,  539. 

Sect.  20  revised.     St.  1907,  283,  534  §  3. 

Sect.  21.     See  St.  1903,  408  §  2. 

Sect.  29  et  seq.  Sealers  to  report  to  state  commissioner.  St.  1907, 
534  §  5. 

Sect.  33  revised.     St.  1906,  215.     (See  1907,  394.) 

Sect.  43.  Act  relative  to  sealing  glass  bottles  or  jars  for  milk,  etc.  St. 
1906,  323. 

Chapter  63.  — Of  the  Metric  System  of  Weights  and  Measures. 
Sects.  3,  4,  in  part,  superseded.    St.  1907,  534  §§  3,  4.    (See  1907,  535.) 

Chapter  64  —Of  Auctioneers. 

Sect.  6  et  seq.  Auction  sales  of  horses  in  Boston  restricted.  St.  1904, 
336;  1905,  426.  And  of  certain  lame  or  diseased  horses.  St.  1906,  185 
§§  1,  3.     (See  1908,  237  §  21.) 

Sect.  15.     See  St.  1908,  237  §  13(4). 


Chaps.  65-70.]  REVISED   LaWS.  983 

Chapter  65.  —  Of  Itinerant  Vendors,  Hawkers  and  Pedlars. 

Sect.  3.     Provision  for  revocation  of  license.     St.  1908,  208. 
Sect.  9  amended.     St.  1902,  544  §  9. 
Sect.  15  revised.     St.  1906,  345.     (See  1905,  377.) 
Sect.  17  amended.     St.  1902,  531;   1906,  151. 
Sect.  19  revised.     St.  1907,  571  §  1.     (See  1905,  204.) 
Sect.   19  et  seq.     Secretary  may  revoke  license  in  certain  cases.     St. 
1908,  208. 

Sect.  21  repealed.     St.  1907,  571  §  2.     (See  1903,  432.) 

Chapter  66.  —  Of  Shipping  and  Seamen,  Harbors  and  Harbor  Masters. 

Lines  and  regulations  in  certain  harbors:  Boston,  St.  1882,  48;  1891, 
309;  1892,358  §  2;  1897,486;  1898,278;  1899,469;  1901,196;  1908, 
579.  Buzzard's  Bay,  1898,  169.  Charles  River,  1897,479;  1901,245, 
401.  (See  1903,  465.)  Chelsea,  1887,  344.  Gloucester,  1882,  103; 
1883,  109  ;  1885,  315  ;  1895,  106.  Haverhill,  1883,  104  ;  1902,  313 ;  1905, 
327.     New  Bedford,  1901,  243  ;  1903,  363. 

Sect.  6.     See  St.  1908,  579. 

Sect.  17.  Provision  for  supervision  of  transportation  and  dumping  of 
materials  in  tide  waters.     St.  1907,  229. 

Sect.  19.     As  to  Boston,  see  St.  1889,  147. 

Chapter  67.  —  Of  Pilots  and  Pilotage. 

Fees  established :    Cohasset,  St.  1887,  298.     Salem  and  Beverly,  1887, 
204.     Wiuthrop,  1892,  114.     Woods  Hole,  1889,  275. 
Sect.  17.     See  St.  1907,  490. 

Chapter  68.  —  Of  Agents,  Consignees  and  Factors. 

Sects.  2-4.     Provision  for  dissolution  of  lien.     St.  1907,  490. 
Sects.  4-6.     See  St.  1908,  237  §§  23-30. 
Sect.  6.     See  St.  1905,  324. 

Chapter  69.  —Of  Public  Warehouses. 

Act  to  make  uniform  the  law  of  warehouse  receipts.     St.  1907,  582. 
Provision  for  dissolution  of  lien.     St.  1907,  490.      (See  1907,  582  §  34.) 
Charges  for  storage  of  baggage  by  railroad  corporations.     St.  1907,  287  ; 
1908,  504. 

Chapter  70.  — Of  Common  Carriers  and  Express  Companies. 

Act  relative  to  trustee  process  against  common  carriers.     St.  1905,  324. 

Acts  to  grant  to  the  board  of  railroad  commissioners  supervisory  powers 
over  express  companies.     St.  1906,  266  ;  1908,  599. 

Acts  relative  to  taking  of  deposits  for  transmitting  to  foreign  countries. 
St.  1905,  428;   1906,  408;  1907,  377;  1908,  493. 

Sects.  3,  4.     See  St.  1907,  539  §  2 ;  1908,  316. 


984  Changes  ix  the  [Chaps.  71-70. 


Chapter  71.  —  Of  Limited  Partnerships. 

Sect.  3.  Names  to  be  recorded  in  city  or  town  clerk's  office  in  certain 
cases.     St.  rJ07,  539.     (See  1908,  316.) 

Chapter  72.— Of  the  Use  of  Labels,  Trade-Marks  and  Names. 

Provision  as  to  labels  ou  baking  powders.  St.  1902,  540.  Drugs  aud 
patent  foods.     St.  1906,  386;  1907,  259. 

Sect.  5.  Names  to  be  recorded  iu  certain  cases.  St.  1907,  539.  (See 
1908,  316.) 

Sects.  7,  8.  Certain  insignia,  badges,  etc.,  may  be  registered,  and  the 
unauthorized  use  thereof  is  prohibited.  St.  1904,  335  ;  1907,  232  §  3. 
(See  1902,  430;  1903,  275;   1908,  280.) 

Sects.  19-22.  An  act  to  prohibit  misuse  of  vessels  used  in  sale  of 
milk.     St.  1906,  116. 

Chapter  73.  —  Of  Money  and  Negotiable  Instruments. 

Sect.  7  amended.     St.  1905,  454  §  1. 
Sect.  8  amended.     St.  1905,  454  §  2. 
Sects.  88,  92,  102,  103.     See  St.  1907,  204. 
Sect.  212.     See  St.  1908,  237  §  73. 

Chapter  74.  — Of  the  Prevention  of  Frauds  and  Perjiiries. 

Act  to  make  uniform  the  law  relating  to  the  sale  of  goods  after  Dec.  31, 
1908.     St.   1908,  237. 

Sect.  5  repealed.     St.  1908,  237  §  78.     (See  1908,  237  §  4.) 

Chapter  75.  — Of  the  Preservation  of  the  Public  Health 

Acts  for  protection  of  health.  St.  1902,  322;  1903,  475;  1906,  116, 
165,  250,  386;  1907,  180,  259,  410;  1908,  150,  307,  325,  329,  381,  435, 
525,  539,  570. 

Act  to  provide  for  the  establishment  of  health  districts  and  the  appoint- 
ment of  inspectors  of  health.  St.  1907,  537.  (See  1907,  499  ;  1908,  325 
§  3,  329,  487.) 

As  to  metropolitan  water  and  sewerage  system,  see  St.  1889,  439  ; 
1895,  342,  406,  488;  1897,  80,  81,  83,  88,  502;  1899,  342;  1900,  108; 
1901,168,498;  1902,  101,  189,  391,  535;  1903,  161,  242,356;  1904,  186, 
230,  246,  273,  317,  426,  431  ;  1905,  457  ;  1906,  189,  235,  337,  338,  369, 
404,  406,  457,  530  ;  1907,  165,  238,  349,  524  ;  1908,  556,  558.  Board  of 
health  shall  publish  in  report  and  may  publish  in  newspapers  analyses  and 
information  as  to  adulterations.     St.  1902,  272.      (See  1902,  230.) 

Board  shall  define  what  diseases  are  deemed  dangerous  to  the  public 
health.     St.  1907,  183. 

Provision  for  appointment  of  school  physicians.  St.  1906,  502;  1908, 
189,  411. 


Chap.  75.]  REVISED   LawS.  985 

Provision  for  suppressing  insect  pests.  St.  1902,  57  ;  1905,  381  ;  1906, 
268;   1908,591.     For  paving  private  passageways  in  certain  cities.     St. 

1907,  256. 

Act  to  establish  a  standard  for  cream.  St.  1907,  216.  To  prohibit 
misuse  of  vessels  used  in  sale  of  milk.     St.   1906,  116  ;  1908,  435. 

Provision  for  separate  systems  of  drainage  for  sewage  and  other  waters. 
St.  1903,  383. 

Act  to  establish  a  board  of  registration  in  embalming.     St.  1905,  473. 

Provision  for  hospital  for  lepers.     St.  1905,  474. 

Act  relative  to  wood  alcohol.     St.  1905,  220. 

Sect.  3.     Salary  changed.     St.  1906,  425  ;   1907,  364. 

Sect.  4  amended.  St.  1903,  480.  (See  1905,  344;  1906,  386  §  6, 
502  §  6;   1907,  183,  285;  1908,  189,  329.) 

Sects.  4,  5.  Powers  and  duties  of  inspector  and  assayer  of  liquors 
transferred  to  board  of  health.  St.  1902,  110.  (See  1902,  541;  1906, 
502  §  6  ;  1907,  499,  537  ;  1908,  469.) 

Sect.  6  amended.    Amount  increased.     St.  1903,  467  ;   1907,  208.     (See 

1908,  195.) 

Sect.  8.     See  St.  1904,  395  §  1. 

Sect.  9  et  seq.     See  St.  1908,  379. 

Sect.  10.     See  St.  1906,  502. 

Sect.  16  amended.     St.  1903,  367  §  1. 

Sect.  16  et  seq.  Giving  away  harmful  medicines,  drugs,  etc.,  prohibited. 
St.  1907,  180,  386,  §§  3-6;   1908,  307. 

Sects.  18,  19.  Baking  powders  to  be  labelled.  St.  1902,  540  §  1. 
Also  certain  patent  or  proprietary  drugs  and  food.  St.  1906,386;  1907, 
259.      (See  1903,  367;  1907,  180;  1908,  307.) 

Sect.  24  amended.     St.  1905,  236  ;  1906,  305. 

Sects.  25,  26  repealed.  St.  1908,  238  §  1.  (See  1903,  367  §  1 ;  1906, 
386  §  6  ;  1907,  259  ;   1908,  525  §  3.) 

Sect.  34  revised.     St.  1902,  403. 

Sect.  35  et  seq.  Provision  for  three  state  sanatoriums  for  tubercular 
patients.     St.  1907,  474. 

Sects.  35-42  revised.  St.  1906,  365  §  1.  (See  1902,  206;  1906,  225, 
365  §  4;  1907,  183.) 

Sect,  36  amended.     St.  1907,  445. 

Sect.  46  revised.     St.  1906,  365  §  2.      (See  1902,  206  §  2.) 

Sects.  47,  52.     See  St.  1904,  395  §  1. 

Sects.  49,  50  amended.     St.  1905,  251  ;   1907,  480  §  1. 

Sect.  52  amended.     St.  1907,  480  §  1. 

Sect.  56  revised.     St.  1906,  365  §  3. 

Sect.  57  revised.  St.  1902,  213  ;  1907,  386.  (See  1904,  395  §  2  ;  1907, 
183.) 

Sect.  63.     See  St.  1905,  330. 

Sect.  65  et  seq.  Spitting  in  certain  public  places  and  conveyances  pro- 
hibited. St.  1906,  165;  1907,  410;  1908,  150.  Certain  lung-testing 
machines.     St.  1908,  381  §  2. 

Sect.  79.     See  St.  1903,  383. 

Sect.  81.     See  St.  1905,  266. 


986  Changes  in  the  [Cuaps.  to,  77. 

Sect.  90  amended.  Expense  of  purifying,  and  value  of  articles  destroyed 
may  be  charged  to  city  or  town.     St.  rJ03,  3UG  §  1. 

Sect.  100  aflfected.     St.  1907,  243. 

Sect.  102.     See  St.  1908,  329  §  4. 

Sects.  103,  104  repealed.  St.  1902,  312  §  1.  Two  new  sections,  103, 
104,  added,  relative  to  marking  carcasses  and  inspection  of  domestic  ani- 
mals.    St.  1903,  220  §  1.      (See  1908,  329.) 

Sect.  105  amended.     St.  1902,  312  §  2  ;   1903,  220  §  2 ;   1908,  329  §  6. 

Sect.  112  et  seq.     See  St.  1902,  .541  ;  1906,  158  §  1 ;   1908,  499,  539. 

Sect.  113  amended.     St.  1907,  467. 

Sect.  118.     See  St.  1905,  266;   1906,  158  §  1. 

Sect.  124.     See  St.  1908,  499,  539. 

Sect.  129  affected.     St.  1908,  539. 

Sect.  136  repealed.     St.  1908,  337. 

Sect.  137  revised.     St.  1902,  190  §  1. 

Sect.  139  revised.     St.  1902,  190  §  2,  544  §  10. 


Chapter  76.  — Of  the  Eegistration  of  Physicians,  Surgeons,  Pharma- 
cists and  Dentists. 

Provision  for  registration  of  veterinary  practitioners  and  board  of  reg- 
istration established.  St.  1903,  249;  1906,  503;  1907,314.  For  registra- 
tion of  embalmers.     St.  1905,  473. 

Salaries  and  allowance  for  travel  fixed.  St.  1902,  505 ;  1903,  228, 
249  §  1 ;   1907,  399. 

Sect.  2.     See  St.  1908,  469. 

Sects.  4,  12,  27  repealed.  St.  1902,  505  §  6. 

Sect.  9.  See  St.  1903,  249  §  9  ;  1907,  314  §  2. 

Sect.  11.  See  St.  1908,  469. 

Sect.  14  amended.     St.  1906,  120;   1908,  525  §  1. 

Sect.  16  amended.  St.  1907,  140.  (See  1902,  327;  1906,  281  ;  1907, 
308.) 

Sect.  17  amended.     St.  1902,  321. 

Sect.  18  amended.     St.  1908,  525  §  2. 

Sect.  23  amended.  St.  1902,  327;  1908,  525  §  3.  (See  1906,  281; 
1907,  180;  1908,  238,  307.) 

Sects.  24-28  limited.     St.  1903,  219. 

Sect.  26  amended.     St.  1908,  294  §  1. 

Sect.  28  amended.     St.  1905,  289  §  1  ;  1908,  294  §  2. 

Sect.  29  amended.     St.  1903,  219;   1905,  289  §  2. 

Chapter  77.  — Of  the  Promotion  of  Anatomical  Science. 

Act  to  establish  a  board  of  registration  of  embalmers.     St.  1905,  473. 

Sect.  4  amended.     St.  1904,  204. 

Sect.  5  (new  section)  added  relative  to  autopsies.     St.  1902,  417. 


Chaps.   78-82.]  REVISED   LawS.  987 


Chapter  78.  —  Of  Cemeteries  and  Burials. 

Cities  and  towns  may  appropriate  mouey  for  care  of  neglected  burial 
grounds.     St.  1902,  389. 

Sects.  1,  2.     See  St.  1908,  379,  590  §  51. 
.     Sects.  3,  4.     See  St.  1907,  225. 

Sect.  9.     See  St.  1907,  138. 

Sect.  12.     See  St.  1908,  379. 

Sect.  15.     See  St.  1908,  379  §  3. 

Sect.  19  revised.     St.  1904,  422  §  1. 

Sect.  20  amended.     St.  1904,  422  §  2. 

Sect.  30  amended.     St.  1908,  379  §  1. 

Sect.  31.     See  St.  1908,  379  §§  2,  3. 

Sect.  37  revised.     St.  1907,  138. 

Sect.  44.     See  St.  1905,  473. . 

Chapter  79.  — Of  State  and  Military  Aid  and  Soldiers'  Relief. 

Tliis  cliapter  is  revised.  St.  1902,  192;  1903,  420;  1904,  381;  1907, 
43,  354.  (See  1902,  216,  250,  251,  292.)  Act  to  provide  for  payment 
of  bounties  to  certain  veterans  of  tlie  civil  war.  St.  1904,  458.  (See  186 
Mass.  604.) 

Sect.  3.     See  St.  1902,  251  ;   1903,  387;  1904,  381  §  3. 

Sect.  4  amended.     St.  1908,  405.     (See  1904,  381  §  4.) 

Sects.  18,  20,  21.     See  St.  1902,  250;   1904,  381  §§  17,  18. 

Sect.  20  extended.     St.  1902,  292;   1904,  381  §  17. 

Chapter  81.  —  Of  the  Support  of  Paupers  by  Cities  and  Towns. 

Massachusetts  commission  for  ttie  blind  may  provide  temporary  support 
in  certain  cases.     St.  1906,  385  §  6. 

Sect.  2.     See  St.  1905,  162. 

Sect.  4  amended.     St.  1905,  285. 

Sect.  5  amended.     St.  1905,  303  §  1. 

Sect.  7  amended.     St.  1905,  303  §  2. 

Sect.  17.  Act  i-elative  to  care  of  indigent  and  neglected  children.  St. 
1904,  356.      (See  1906,  389,  489;   1907,  137,  158,  195,  411.) 

Sect.  17  et  seq.     See  St.  1905,  354. 

Sect.  21  amended  to  provide  for  case  of  refusal  to  submit  to  removal. 
St.  1903,  355  §  1.      (See  1903,  233.) 

Sect.  22.  Cities  and  towns  shall  require  tramps  and  vagrants  lodged 
to  perform  labor.     St.  1905,  344.     (See  1904,  274  ;  1905,  348.) 

Sect.  25.     See  St.  1902,  206,  213;   1905,  330. 

Sects.  26-28.     See  St.  1905,  464. 

Sect.  41  revised.     St.  1905,  115. 

Chapter  82.  — Of  the  Maintenance  of  Bastard  Children. 

Sect.  1  amended.     St.  1904,  159. 
Sect.  12  amended.     St.  1905,  345. 


988  CllAXGES   IX   THE  [Chaps.  83-85. 


Chapter  83.  — Of  the  Protection  of  Infants  and  the  Care  of  Pauper 

Children. 

Act  to  establish  the  Massachusetts  commission  for  the  blind.  St.  1906, 
385;   1907,  173. 

Act  to  establish  a  school  for  the  feeble-minded.     St.  1906,  508;   1907,. 
421.      (See  1906,  359;   1907,  489.) 

The  Massachusetts  school  and  home  for  crippled  and  deformed  chil- 
dren is  established.     St.  1904,  446;    1905,  128;    1907,  226. 

Provision  for  care  of  iudio;ent  and  neglected  children.  St.  1903,  334  ; 
1904,  356;   1906,  489,  499,  501.      (See  1907,  158,  195.) 

Sect.  10  amended.     St.  1905,  269. 

Sect.  20  et  seq.  Protection  of  minors  in  religious  belief  of  their  par- 
ents.    St.  1905,  464. 

Sect.  25  et  seq.     See  St.  1906,  413  §§  5,  8,  14. 

Sect.  29.     See  St.  1903,  333. 

Sect.  37  revised.  St.  1903,  334  §§  1-5,  7;  1906,  489.  (See  1904,  356  ; 
1907,  195.) 

Sect.  38  revised.     St.  1903,  334  §§  6,  7.      (See  1904,  356;  1907,  195.) 

Chapter  84.  —  Of  the  State  Board  of  Charity. 

Inmates  of  institutions  under  supervision  of  state  board  of  charity  may 
correspond  with  the  board.     St.  1906,  341. 

Act  to  establish  the  Massachusetts  commission  for  the  blind.  St.  1906, 
385  ;   1907,  173. 

Provision  for  hospital  for  lepers.     St.  1905,  474. 

Sect.  2  amended.     St.  1908,  598. 

Sect.  2  et  seq.  Powers  and  duties  of  the  board.  St.  1903,  231,  233, 
402  ;   1904,  395,  446  §  12  ;   1905,  162,  474  ;   1906,  341,  413  §§  4,  5,  8,  14  ; 

1907,  222  §  2,  271  ;  1908,  555,  598.      (See  1904,  356  §  3  ;   1905,  128,  211 
§  11  ;  1908,  195.) 

Sect.  7  amended.     St.  1905,  211  §  11. 

Sect.  8  et  seq.     The  board  may  provide  for  care  of  persons  infected  with 
diseases  dangerous  to  the  public  health.     St.  1904,  395. 
Sect.  11  amended.     St.  1903,  231  §  1.     (See  1903,  233.) 
Sect.  14  amended.     St.  1903,  402  §  1. 

Chapter  85.  — Of  the  State  Hospital  and  the  State  Farm. 

Provision  for  three  sanatoriums  for  tubercular  patients.     St.  1907,  474  ; 

1908,  532.      (See  1908,  598.) 

Inmates  may  correspond  with  board  of  charity.     St.  1906,  341. 
Provision  for  hospital  for  lepers.     St.  1905,  474. 
Sect.  2.     See  St.  1908,  195,  469,  470. 

Sect.  6.  Certain  advances  authorized.  St.  1908,  178.  (See  1907, 
466;   1908,  469.) 

Sect.  10  amended.  St.  1903,  233. 
Sect.  15  amended.  St.  1908,  555. 
Sect.  28.     See  St.  1907,  466. 


Chaps.  86,  87.]  REVISED   LaWS.  989 

Sect.  33  amended.     St.  1903,  188. 
Sect.  39  amended.     St.  1904,  216. 
Sect.  40.     See  St.  1908,  470. 
Sect.  42.     See  St.  1906,  324. 

Chapter  86.  — Of  the  Lyman  School  for  Boys,  the  Industrial  School 
for  Girls,  and  the  Reformation  of  Juvenile  Offenders. 

Act  to  establish  an  industrial   school  for  boys.     St.  1908,  639.      (See 

1906,  505.) 

Inmates  may  correspond  with  board  of  charity.     St.  1906,  341. 
Act  to  provide  for  the  commitment  of  habitual  truants,  absentees  and 
school  offenders.     St.  1906,  389.     (See  1907,  158,  195;  1908,  286.) 
Acts  relative  to  wayward  and  delinquent  children.     St.  1906,  413,  489  ; 

1907,  411;   1908,  637. 

Act  to  establish  the  Boston  juvenile  court.  St.  1906,  489  ;  1907,  137, 
411.      (See  1906,  499  ;  1908,  286.) 

Sect.  1.     See  St.  1906,  407. 

Keforra  school  for  Boston.     St.  1901,  359. 

Sect.  6.     See  St.  1907,  224. 

Sects  6,  7,  9.  See  St.  1908,  639  §  6. 

Sect.  7.  See  St.  1908,  195,  469. 

Sect.  10  et  seq.     See  St.  1905,  464  ;  1906,  413. 

Act  relative  to  arrest  of  escaped  inmates.     St.  1907,  362. 

Sect.  13.  vState  commission  on  industrial  education  established.  St. 
1906,  505. 

Sects.  14,  17-19.     See  St.  1908,  286. 

Sect.  15.     See  St.  1906,  489. 

Sect.  18.     See  St.  1906,  413  §§  3,  5. 

Sect.  20  amended.     St.  1902,  314. 

Sect.  21  et  seq.     See  St.  1906,  413. 

Sect.  31  amended.     St.  1904,  459  §  6. 

Sect.  36  amended.     St.  1904,  363  §  2.      (See  1905,  464.) 

Sect.  49  et  seq.     See  St.  1906,  413  §§  5,  8,  14;   1907,  271. 

Chapter  87.  —  Of  the  State  Board  of  Insanity  and  Institutions  for  the 

Insane. 

Act  to  provide  for  the  support  by  the  Commonwealth  of  certain  feeble- 
minded and  other  persons.     St.  1908,  629. 

Massachusetts  school  and  home  for  crippled  and  deformed  children. 
St.  1904,  446;   1905,  128.      Name  changed.     St.  1907,  226. 

State  board  may  agree  with  a  city  or  town  for  care  of  chronic  and  quiet 
insane  persons.      St.  1903,  400  §  1. 

Sect.  1  et  seq.     See  St.  1905,  211  §  1  ;  1908,  195,  613,  626. 

Sect.  4  amended.     St.  1906,  184. 

Sect.  6.  See  St.  1903,  400  ;  1906,  508  §  8.  Amended,  St.  1908,  613 
§4. 

Sect.  6  et  seq.     Certain  hospitals  must  keep  records.     St.   1905,  330; 

1908,  269. 


990  ClIAXCiES    IX    THE  [CiiAi-.  88. 

Sect.  15.     See  St.  1908,  195. 

Sect.  16.     Northampton  state  hospital.     St.  1906,  313  §  1. 

Sect.  22.     Number  of  trustees  iucreased.     St.  1902,  542.     (See  1905, 
400.) 

Sect.  23.     See  St.  1904,  44G  §  3  ;   1905,  175  §  3;   1907,  474  §  4. 

Sect.  25.     See  St.  1904,  347. 

Sects.  27-30.     See  St.  1908,  195. 

Sect.  33  amended.     St.  1904,  459  §  1  ;  1905,  447. 

Sect.  35  amended.     St.  1906,  418  §  1. 

Sect.  39  revised.     St.  1905,  436  §  1. 

Sect.  47  amended.     St.  1904,  459  §  2. 

Sect.  48  amended.     St.  1904,  459  §  3. 

Sect.  49  amended.     St.  1905,  475  ;  1906,  471.     (See  1904,  278.) 

Sects.  49,  50.     See  St.  1903,  321. 

Sect.  53  revised.     St.  1905,  432  §  1. 

Sect.  54  revised.     St.  1905,  432  §  2. 

Sect.  59.     Name  changed.     St.  1905,  400. 

Sect.  59.     Provision  for  voluntary  patients.     St.  1906,  316. 

Sect.  66  amended.     St.  1906,   352;   1907,432. 

Sects.  66-68.     Age  fixed  at  ten  years.     St.  1907,  432. 

Sect.  73  amended.     St.  1904,  459  §  4. 

Sects.  76,  77.     Provision  for  recover}^  of  expenses.     St.  1905,  354. 

Sect.  79.     See  St.  1906,  508  §  17  ;  1907,  474  §  10. 

Sects.  79-81.     See  St.  1908,  629. 

Sect.  81.     Repeal  and  substitute.     St.  1905,  282  ;  1908,  629. 

Sect.  87.     See  St.  1903,  400 ;  1904,  278. 

Sect.  95  revised.     St.  1905,  435. 

Sect.  102  revised.     St.  1905,  458  §  1.     (See  1903,  400.) 

Sect.  103  revised.     St.  1905,  458  §  2. 

Sect.  104  revised.     St.  1905,  458  §  3. 

Sect.  105  revised.     St.  1905,  458  §  4. 

Sect.  109.     See  St.  1903,  400. 

Sects.  113-124.     Act  to  establish  a  school  for  the  feeble-minded.     St. 
1906,  508  ;  1908,  629.      (See  1906,  309  ;  1907,  421.) 

Sect.  115  et  seq.     See  St.  1905,  464  ;  1906,  309  ;  1907,  489. 

Sect.  118  amended.     St.  1904,  459  §  5. 

Sect.  122.     See  St.  1908,  195. 

Sects.   127-129  repealed  and  new  provisions  made  for  appropriations 
and  accounts.     St.  1905,  175.     (See  1905,  211  §  1,  400;  1908,  195.) 

Chapter  88,  —  Of  the  Massachusetts  State  Sanatorium. 

Provision  for  three  sanatoriums  for  tubercular  patients.     St.  1907,  474  ; 

1908,  532.  (See  1908,  533,  598.) 

Sect.  1.  Number  of  trustees  increased;  two  to  be  women.     St.  1905, 

159.     (See  1907,  271,  474  §  15.) 

Sect.  3.  See  St.  1905,  175  §  3. 

Sect.  4.  See  St.  1907,  222  §  1. 

Sect.  6.  See  St.  1908,  195. 


Chai's.  89-91.]  Revised  Laws.  991 


Chapter  89.  — Of  the  State  Board  of  Agriculture  and  the  Dairy  Bureau. 

Free  scholarships  established  at  the  Massachusetts  agricultural  college. 
St.  1908,  460.      (See  1904,  4U  §  1.) 

Cattle  bureau  established  with  powers  aud  duties  of  board  of  cattle  com- 
missioners.    St.  1902,  116  §§  2,  3. 

Provisiou  for  appointment  of  a  State  ornithologist.     St.  1908,  245. 

State  nursery  inspectorship  established  and  provision  for  protection  of 
trees,  etc.,  from  injurious  insects  aud  diseases.  St.  1902,  495  ;  1907,  321. 
(See  1002,  57;  1905,  381.) 

Orflce  of  state  forester  established  and  duties  prescribed.  St.  1904,  409  ; 
1907,  473  ;  1908,  209,  §§  3,  4.  (See  1907,  475.)  Provision  for  reforesta- 
tion.    St.  1908,  478. 

Sect.  1  amended.     St.  1902,  116  §  4. 

Sect.  4.     See  St.  1904,  444  §§  2,  3. 

Sect.  5  amended.     St.  1905,  155  ;   1907,  401.     (See  1908,  195.) 

Sect.  8.     See  St.  1905,  211  §  1 ;   1907,  289. 

Sect.  10.     Provision  for  instruction  in  agriculture.     St.  1906,  505  §  7. 

Sect.  12  amended.     St.  1908,  416  §  1. 

Chapter  90.  —  Of  the  Board  of  Cattle  Commissioners  and  of  Contagious 
Diseases  of  Domestic  Animals. 

Board  of  cattle  commissioners  abolished  and  powers  and  duties  trans- 
ferred to  cattle  bureau  of  state  board  of  agriculture.  St.  1902,  116.  (See 
1903,  249;   1904,  414  §  2.) 

Sect.  3.     See  St.  1905,  211  §  1. 

Sect.  4  et  seq.     See  St.  1903,  220  §  1  ;   1908,  329. 

Sect.  11  amended.     St.  1908,  515  §  1. 

Sect.  12  affected.     St.  1908,  378. 

Sect.  26.     See  St.  1905,  266. 

Sect.  27  amended.     St.  1908,  515  §  2. 

Sect.  31.  Tuberculin  tests  to  be  without  charge  to  citizens.  St.  1903, 
322. 

Chapter  91.  —  Of  Fisheries,     v 

Provision  for  protection  of  property,  etc.,  used  by  commissioners  on 
fisheries  and  game.     St.  1906,  327. 

Powers  and  duties  of  inspector  general  of  fish  transferred  to  the  commis- 
sioners on  fisheries  and  game.  St.  1902,  138.  Commissioners  may  inves- 
tigate questions  relating  to  fish  aud  game.  St.  1902,178.  (See  1903,  291 ; 
1905,  317  §  2;  1907,  504;  1908,  402  §  2,  484  §  2.)  Duties  with  respect 
to  fires.     St.  1907,  299. 

Fishing  regulated  in  various  places:  Barnstable;  St.  1907,  301,  Barn- 
stable countv  ;  1884,264;  1887,  120;  1892,196;  1901,184;  1903,298. 
Bass  river; '1894,  134.  Berkshire;  1888,  276;  1890,  193;  1895,  199; 
1902,  137,  544  §  11.  (See  1906,  314.)  Boston  harbor;  1894,  189. 
Bourne;  1899,194.  Brimfield ;  1895,411.  Bristol;  1882,189;  1891, 
198.     Buzzard's  bay;  1884,  214  §  2;   1886,  192;   1891,  237;   1893,  205, 


992  Changes  in  the  [Chap.  91. 

255.  Champlaiu  lake;  1908,  488  §  1.  Charles  river;  1894,  189.  Cot- 
tage City;  1905,281  §1.  Dartmouth;  1906,477.  Deunis ;  1895,203. 
Dukes;  1884,245;  1886,234;  1891,  198.  Eastham ;  1893,  77;  1904, 
269;  1905,265.  Edgartowu ;  1886,234;  1891,52;  1897,181;  1903, 
216;  1904,  301;  1905,281.  (See  1904,319.)  Frauklin,  llanipden  and 
Hampshire;  1890,193;  1902,137.  (See  1906,  314.)  Haverhill;  1894, 
296.  Hingham;  1894,  189;  1908,  298.  Hull;  1908,  298.  Ipswich; 
1897,  289.  (See  1902,  164.)  Marion;  1892,  188;  1893,  255;  1902,  94. 
Marshfield;  1889,  292;  1890,  336.  Mashpee ;  1884,  264;  1892,  196; 
1903,  298;  1907,  301.  Mattapoisett ;  1884,  214;  1890,  229;  1892,  186. 
Merrimac  river;  1882,166;  1883,  31,  121;  1884,317;  1895,88;  1897, 
110.  (See  1902,  164.)  Mystic  river;  1894,  189.  Nantucket ;  1891,  128  ; 
1904,232.  Nepouset  river;  1894,189.  Norwell  and  Pembroke ;  1889, 
292;  1890,  336.  Orleans;  1904,  118,  269;  1905,  265.  (See  1901,  163.) 
Plum  Island  bay ;  1887,  105;  1890,  30;  1900,  159.  (See  1902,  164.) 
Plymouth;  1884,  199;  1886,  163;  1889,  292;  1890,  336.  Podonk  pond  ; 
1900,  234.  Quincy,  1908,  298.  Quinsigamond  lake ;  1896,259;  1901, 
158;  1905,  429.  Rehoboth  and  Swansea;  see  1904,  132.  Randolph; 
1889,  78.  Rowley;  1897,  289.  Sandwich;  see  1904,  321.  Scituate ; 
1889,292;  1890,336.  Tisbury ;  1902,188;  1903,201.  Webster;  1896, 
110.  Weir  river;  1894,189.  Wellfleet ;  1891,135;  1904,269.  Westport 
river;  1907,  298.  (See  1887,  193;  1891,  137.)  Weymouth  river;  1894, 
189. 

Sect.  3  amended.     St.  1905,  407. 

Sect.  3  et  seq.  Powers  and  duties  of  commissioners  and  deputies  are 
enlarged.  St.  1902,  138,  178;  1904,  367  §  1  ;  1905,  317;  1906,  179  §  2  ; 
1907,  198,  299,  504  ;   1908,  255,  402  §  2,  417,  484  §  2,  488  §  2. 

Sect.  7  revised.     St.  1902,  164. 

Sect.  8  amended.  St.  1906,  356  §  ].  Persons  aggrieved  by  order  may 
appeal  to  superior  court.     St.  1906,  356  §  2. 

Sect.  9  amended.     St.  1904,  365. 

Sect.  15  et  seq.  Provision  as  to  sale  or  lease  of  certain  islands  in  great 
ponds.     St.  1904,  379. 

Sect.  19  amended.  Ponds  may  be  restocked  and  time  extended.  St. 
1903,  274;  1907,  306. 

Sect.  26  revised.  St.  1904,  308;  1906,  239.  (See  1903,  294;  1904, 
118.) 

Sects.  35-37.     See  St.  1908,  298. 

Sects.  36,  42.     See  St.  1904,  132. 

Sect.  52.     See  St.  1904,  118. 

Sect.  54.     See  St.  1904,  319. 

Sect.  62  amended.     St.  1906,  314  §  1. 

Sect.  63  amended.     St.  1902,  137;   1906,  314  §  2. 

Sect.  63  et  seq.  Act  to  prohibit  for  three  years  sale  of  all  trout  except 
those  artificially  reared.     St.  1903,  205.     Extended.     St.  1906,  263. 

Sect.  64  amended.     St.  1902,  544  §  11 ;   1905,  190. 

Sect.  66  amended.     St.   1907,  296. 

Sect.  67  amended.     St.  1904,  329.     Killing  and  transportation  of  pike 
perch  restricted.     St.  1908,  488.     (See  1906,  179.) 


CiiAP.  92.]  Revised  Laws.  993 

Sect.  68  repealed  and  new  provisions  made.  St.  1905,  417.  (See 
1904,  364.) 

Sect.  69  repealed.     St.  1904,  223. 

Sects.  81,  82.     See  St.  1906,  239. 

Sect.  81  amended.     St.  1904,  116  §  1;   1905,  81. 

Sect.  83  revised.     St.  1908,  270. 

Sect.  83  et  seq.  Act  relative  to  propagation  and  cultivation  of  shellfish. 
St.  1904,  282.  (See  1906,  477.)  Act  for  protection  of  seed  scallops. 
St.  1907,  297. 

Sect.  84  amended.     St.  1906,  288. 

Sect.  85  limited.  St.  1903,  216  §  6  ;  1904,  269  §  6  ;  1905,  265  §  1  ; 
1906,  477  §  7. 

Sect.  86  et  seq.  Provision  for  protection  of  lobsters  with  eggs  attached. 
St.  1904,  408  §  1. 

Sect.  88  amended.     St.  1907,  303.     (See  1908,  330  §  1.) 

Sect.  101.     See  St.  1906,  477. 

Sects.  113,  114  affected.     St.  1907,  285. 

Sect.  116.     See  St.  1904,  118. 

Sect.  122  et  seq.     See  St.  1906,  239. 

Sect.  127  in  part  repealed.  St.  1904,  301  §  2.  Amended.  St.  1905, 
281  §  1.     (See  1904,  301  §  1.) 

Sect.  128  revised.     St.  1907,  298  §  1. 

Sect.  129  repealed.     St.  1907,  298  §  2. 

Sect.  132  amended.     St.  1908,  492.     (See  St.  1906,  239  §  2.) 

Sect.  133  revised.     St.  1903,  246. 

Sect.  134  extended.     St.  1904,  282  §  2. 

Sect.  137  superseded.  St.  1908,  330.  (See  1905,  445;  1907,  300; 
1908,  417.) 

Sect.  139  repealed.     St    1908,  76. 

Chapter  92.  — Of  the  Preservation  of  Certain  Birds  and  Animals. 

Act  to  prevent  holding  in  captivity  insectivorous  and  song  birds.  St. 
1902,  127;  1907,  250  §  2.      (See  1903,  287.) 

Sale,  etc.,  of  prairie  chickens  prohibited.     St.  1906,  304. 

Act  to  require  and  provide  for  tlie  registration  of  hunters.  St.  1908, 
484. 

Unnaturalized  foreign-born  persons  and  non-residents  prohibited  from 
hunting  unless  licensed.  St.  1905,  317;  1907,  198;  1908,  402.  (See 
1908,  255,  484.) 

Shooting,  etc.,  restricted  in  various  places:  Dukes;  St.  1905,  273; 
1907,264.  Edgartown;  1908,  331.  Nantucket;  1902,  85;  1905,  122; 
1906,  292.     (See  1902, 165  ;  1904, 366  ;  1905, 406 ;  1906, 303  ;  1907, 161.) 

Sect.  1  amended.     St.  1904,  176. 

Sects.  2,  3  superseded.  St.  1908,  441.  (See  1902,  85,  165;  1903, 
706;   1904,  366  §  2  ;  1905,  122,  406;   1906,  303.) 

Sect.  4  repealed.  St.  1906,  301  §  2.  Act  relative  to  ducks  and  teal. 
St.  1906,  301.  Heath  hens.  St.  1906,  141.  Wood  or  summer  duck. 
St.  1906,  274. 


994  ChAJS'GES   in*   the  [Chaps.  94-97. 

Sect.  5  amended.  St.  1903,  162;  1905,  414;  1907,99.  (See  1903, 
244  §  1  ;  329.) 

Sect.  6  revised.  St.  1904,  369. 

Sect.  7  amended.  St.  1903,  287;  1907,  250  §  1.  (See  1908,  484.) 
Loons  and  eagles  protected.  St.  1907,  118. 

Sect.  8  amended.  St.  1903,  329  §  1. 

Sect.  9  amended.  St.  1907,  166  ;  1908,  284,  413.  (See  1904,  366  §  1  ; 

1907,  161.) 

Sect.  11  amended.  St.  190G,  241.  (See  1905,  273.) 

Sect.  12  amended.  St.  1906,  278. 

Sect.  13.  See  St.  1906,  292;  1907,  264. 

Sect.  16  snperseded.  St.  1908,  477.  (See  1905,  73;  1906,  482.) 

Sect.  17  revised.  St.  1908,  377.  (See  1903,  245  ;  1905,  419  ;  1907,  307.) 

Sect.  18  revised.  St.  1905,  245.  (See  1902,  154.) 

Sect.  20  repealed.  St.  1908,  330  §  2.  (See  1905,  445  ;  1907,  300  ; 

1908,  330  §  1.) 

Sect.  22  revised.     St.  1902,  236. 

Sect.  23.  Provision  for  bounties  for  killing  a  wild-cat  or  Canada  lynx. 
St.  1903,  344  §  1.     And  for  damages  caused  by  wild  deer.     St.  1903,  407. 

Chapter  94.  —  Of  Lost  Goods  and  Stray  Beasts. 

Sect.  2.     See  St.  1907,  363;   1908,  133. 
Sect.  6.     See  St.  1906,  185  §  3. 

Chapter  95.  — Of  Unclaimed  or  Abandoned  Property. 

Sect.  7.     See  St.  1906,  266  ;   1908,  599. 

Sect.  8.  Provision  for  disposition  of  such  property  in  possession  of 
metropolitan  park  oflicer.     St.  1904,  170. 

Sect.  13  extended.     St.  1907,  363.      (See  1906,  185;   1908,  133.) 

Chapter  96.  — Of  the  Board  of  Harbor  and  Land  Commissioners. 

Act  relative  to  breaking  up  and  disposal  of  old  vessels,  etc.  St.  1908, 
595. 

Act  to  provide  for  supervising  transportation  and  dumping  of  material 
in  tide  waters.     St.  1907,  229. 

Sect.  2.     See  St.  1905,  211  §  1  ;   1908,  195. 

Sect.  3.     See  St.  1904,  379. 

Sect.  8.     See  St.  1902,  224,  425 ;   1904,  273  ;  1907,  229  §  1  ;  1908,  595. 

Sect.  9.     See  St.  1903,  150  §  1. 

Sect.  14.     See  St.  1906,  145. 

Sect.  17.     See  St.  1907,  229. 

Chapter  97.— Of  Wrecks,  Shipwrecked  Goods  and  Removal  of 

Wrecks. 
Act  relative  to  breaking  up  and  disposal  of  old  vessels,  etc.     St.  1908, 
595. 

Sect.  22.     See  St.  1908,  595  §  4. 


Chaps.  98-100.]  REVISED   LaWS.  995 


Chapter  98.  — Of  the  Observance  of  the  Lord's  Day. 

Act  to  provide  for  one  day's  rest  iu  seven.     St.  1907,  577. 

Sect.  1  revised.     St.  1908,  385  §  1.     (See  1904,  460  §  1.) 

Sect.  2  revised.  St.  1904,  460  §  2.  (See  1904,  176;  1907,  204,  577; 
1908,  126.) 

Sect.  2  limited.     St.  1908,  333,  343,  354. 

Sect.  3  amended.     St.  1902,  414;  1908,  126,  273,  333,  343,  354,  537. 

Sect.  5  revised.  St.  1904,  460  §  3.  (See  1905,  341  ;  1907,  274;  1908, 
126,  385.) 

Sect.  12  amended.     St.  1908,  123. 

Chapter  99.  — Of  Gaming. 

Club  charter  may  be  revoked  iu  case  of  seizure  of  gaming  implements 
on  premises.     St.  1902,  254. 

Act  to  prohibit  bucketiug  and  bucket  shopping  and  to  abolish  bucket 
shops.     St.  1907,  414. 

Chapter  100.  — Of  Intoxicating  Liquors. 

Licensing  board  for  Boston.     St.  1906,  291.     (See  1907,  214.) 

Act  relative  to  wood  alcohol.     St.  1905,  220. 

Act  relative  to  storage  of  liquors  by  pei'sons  holding  fourth  or  fifth  class 
licenses.     St.  1905,  284. 

Sect.  1  amended  as  to  sale  of  cider  and  wine.     St.  1903,  460, 

Sect.  10  et  seq.  Provisions  for  Boston.  St.  1902,  485  ;  1906,  291  §  4, 
395. 

Sect.  15  amended.     St.  1906,  287  §  1. 

Sect.  17,  cl.  2  revised,  subject  to  acceptance  by  voters  of  Boston.  St. 
1906,  395.     (See  1906,  386  §  1.) 

Sects.  17,  18.     Fourth  and  fifth  classes.     Storage.     St.  1905,  284. 

Sect.  20  revised.     St.  1902,  171.     Amended.     St.  1905,  206. 

Sect.  21  amended.     St.  1907,  190. 

Sects.  21-24.     See  St.  1902,  327  ;  1908,  525  §  3. 

Sect.  23  amended.     St.  1907,  308. 

Sect.  26.     See  St.  1907,  190. 

Sect.  27.     See  St.  1906,  281. 

Sect.  33  repealed.     St.  1903,  461  §  1. 

Sect.  34  revised.     St.  1906,  374  §  1. 

Sect.  35  amended.     St.  1906,  104  §  1. 

Sect.  47  amended.     Suspension  of  license  authorized.     St.  1908,  108. 

Sects.  48-50.  Provision  for  registration  and  permits  for  carriers  of  in- 
toxicating liquors  in  certain  cases.     St.  1906,  421  ;  1907,  517  §  2. 

Sect.  49  amended.     St.  1907,  517  §  1. 

Sect.  62.  Gift  or  sale  to  a  patient  in  dipsomaniac  hospital  is  punish- 
able.    St.  1903,  410. 

Sect.  67.  Office  of  inspector  and  assayer  abolished  and  powers  and 
duties  transferred  to  state  board  of  health.  St.  1902,  110.  (See  1908, 
469.) 


996  Changes  in  the  [Chaps,  loi,  102. 

Sect.  86  amended.     St.  1904,  122. 

Sect.  88.  See  St.  1902,  4lSo  §  4.  Club  charter  may  be  revoked  in 
certain  cases.     St.  1902,  524. 

Sect.  89.     See  St.  1902,  524;  1906,  291  §  4. 

Chapter  101.  — Of  Common  Nuisances. 

Spitting  in  certain  public  places  and  conveyances  prohibited.  St.  1906, 
165;  1907,  410. 

Obstruction  of  means  of  egress  from  buildings  declared  a  common  nui- 
sance.    St.  1905,  347  §  1. 

Certain  nuisances  in  Boston.  St.  1893,  342;  1897,  185;  1904,  336; 
1905,  426. 

As  to  gypsy  and  brown-tail  moths,  see  St.  1902,  57;  1905,  381  ;  1906, 
268;  1907,  521  ;  1908,  591. 

Sect.  6.     Act  to  prohibit  bucketing  and  to  abolish  bucket  shops.     St. 

1907,  414. 

Sect.  8.     See  St.  1906,  291  §  10. 

Chapter  102.  — Of  Licenses  and  Municipal  Regulations  of  Police. 

Provision  for  registration  and  licensing  of  embalmers.     St.  1905,  473. 

Licensing  of   theatres  and    public   halls.      St.    1904,  450;    1905,  341, 

342;  1908,  335.     (See  1908,  381.)     Lunch  wagons  in  public  ways.     St. 

1908,  360.     For   cinematographs  or  similar   apparatus.     St.    1908,  566. 
(See   1905,  176;  1908,565.) 

Provision  for  license  to  carry  loaded  pistol.     St.   1906,  172  §  1. 

For  breaking  up  and  disposal  of  old  vessels,  etc.     St.  1908,  595. 

In  certain  cities  public  lodging  houses  must  be  licensed.  St.  1904,  242. 
(See  1894,414.) 

Licenses  to  unnaturalized  foreign-born  persons  and  non-residents  to 
hunt.  St.  1905,  317  ;  1907,  198  ;  1908,  402.  Hunters  must  be  registered. 
St.  1908,  484. 

Licenses  in  Boston  :  To  gas  fitters.  St.  1897,  265.  Junk  dealers.  St. 
1900,  416  ;  1906,  291  §  10.  (See  1902,  187  §  4.)  Minors  to  black  boots, 
etc.  St.  1902,  531.  (See  1904,  450  §  2.)  Pawnbrokers;  private  detect- 
ives; moneylenders;  dogs.  St.  1906,291  §  10.  Picnic  groves;  skating 
rinks  ;  intelligence  offices  ;  billiard,  pool  or  sippio  tables  ;  bowling  alleys. 
St.  1906,  291  §  4;  1907,  214.  Theatres  and  public  halls.  St.  1907,  463  ; 
1908,  335.  Shows  and  amusements.  St.  1908,  494.  Street  stands.  St. 
1907,  584.  Lunch  wagons  in  street.  St.  1908,  360.  (See  1906,  384 ; 
1907,  500  §§  2,  3.) 

Provisions  for  licensing  operators  of  automobiles  and  motor  cycles.  St. 
1903,  473;  1905,  311  ;  1906,  412;  1907,  203,  408,  580;  1908,  263,  642, 
648.  (See  1902,  315;  1905,  366;  1906,  353.)  And  dealers  in  coal  and 
coke.     St.  1903,  484  ;  1906,  434. 

Sect.  2.     See  St.  1906,  291  §  4. 

Sect.  23  et  seq.     See  St.  1906,  435. 

Sects.  29,  30,  32  amended.  ".Junk  collectors"  added.  St.  1902,  187 
§§  1,  2,  3.     (See  1906,  291  §  4.) 


Chap.  102.]  KeviSED   LawS.  997 

Sect.  33.     See  St.  1906,  291  §  10. 

Sect.  40  amended.     St.  1905,  415. 

Sect.  42  amended.     St.  1907,  211.     (See  1907,  500  §§  2,  3.) 

Sect.  47  et  seg.     See  St.  1905,  308  ;  1906,  390. 

Sect.  48.     See  St.  1906,  291  §  10. 

Sect.  57  et  seq.  Acts  regulatiug  small  loaus.  St.  1905,  308;  1906, 
390;  1908,  605.     (See  St.  1902,  151,  187  §  5.) 

Sect.  78  amended.     St.  1907,  373  §  1. 

Sect.  78  et  seq.  See  St.  1905,  310  §  4,  472;  1906,  387;  1907,  373, 
465  ;   1908,  563. 

Sect.  81  amended.     St.  1905,  310  §  1. 

Sect.  82  revised.  St.  1907,  373  §  2.  (See  1905,  310  §  2;  1906,  414, 
521,  522.) 

Sect.  84  revised.     St.  1907,  373  §  3. 

Sect.  85  amended.     St.  1907,  373  §  4. 

Sect.  86  amended.     St.  1905,  310  §  3. 

Sect.  89  et  seq.  Provisions  for  regulations  as  to  explosives  and  in- 
flammable fluids.  St.  1905,  280;  1908,  502.  (See  1904,  370.)  Act 
relative  to  sale  of  paint,  turpentine  and  linseed  oil.     St.  1908,  531. 

Sect.   114.     See  St.  1904,  370;   1905,  280. 

Sect.  122  amended.     St.  1908,  187. 

Sect.  122  et  seq.  As  to  smoke  nuisance  in  Boston,  see  St.  1905,  418 ; 
1908,  187  §  2. 

Sect.  130  amended.     St.  1908,  169. 

Sect.   133  in  part  repealed.     St.  1904,  353  §  3  ;   1906,  291. 

Sect.   138  revised.     St.  1904,  105  §  1. 

Sect.   141  repealed.     St.  1904,  105  §  2. 

Sect.   142.     See  St.  1906,  291  §  10. 

Sect.  143  amended.     St.  1907,  240  §  1 ;   1908,  182. 

Sect.  144  amended.     St.  1907,  240  §  2. 

Sect.  150  et  seq.  Provision  for  better  protection  of  domestic  animals 
from  dogs.     St.  1902,  226;   1904,  127. 

Sect.  151  amended  as   to   appointment  of  appraisers.     St.  1903,  100  ; 

1904,  283. 

Sect.  152.  Increase  in  amount  of  reward  authorized.  St.  1905,  106. 

Sect.  155  amended.  St.  1904,  142;  1907,  241. 

Sect.  168.  See  St.  1906,  291  §§  8,  10. 

Sect.  170  amended.  St.  1908,  368. 

Sect.  172  superseded.  St.  1908,  385  §  2.  (See  1904,  450  §  2,  460; 

1905,  341,  342;  1906,  105;  1907,  274.) 

Sect.  172  et  seq.     See  St.  1904,  183;  1906,  384;  1908,  368,  381. 

Sect.  173  amended.  St.  1904,  460  §  5  ;  1907,  309.  (See  1904,  450 
§  15;  1905,  341,  342;  1906,  105;  1908,  335.) 

Sect.  176  amended.  St.  1906,  190,  291  §  4.  (See  1906,  384.) 

Sect.  178.  See  St.  1906,  291  §  4. 

Sect.  184  amended.  St.  1906,  107;  1907,  355.  (See  1906,  384.) 

Sect.  186  amended.  "Junk  collectors"  added.  St.  1902,  187  §  4. 
(See  1906,  190,  291  §  4.) 


998  Changes  ln  the  [Chai-s.  io4,  io5. 


Chapter  104.  —  Of  the  Inspection  of  Buildings. 

Licensing  and  inspection  of  tlieatres  and  public  halls  regulated.     St. 

1904,  450  ;  1906,  105  ;  1908, 389.  (See  1904, 460  §§  4,  5  ;  1905,  341, 342  ; 
1908,  335.)  Acts  to  regulate  use  of  cinematographs  or  similar  apparatus. 
St.  1905,  176,  437;  1908,  565,  566. 

Act  to  prohibit  obstruction  of    means  of   egress  from  buildings.     St. 

1905,  347.  Sanitary  requirements  for  certain  buildings.  St.  1902,  322  ; 
1905,  475;  1906,  250.  Storage  of  explosives  and  inflammable  fluids.  St. 
1904,370;   1905,280;   1908,502. 

Building  laws  for  Boston.  St.  1907,  550  ;  1908,  336.  (See  1892,  419  ; 
1893,  170,  293,  297,  464  ;  1894,  257,  443  ;  1895, 97,  239,  280,  314  ;  1896, 
416,  520;  1897,  175,  219,  265,  300,  310,  413;  1898,  209,  228,  268,  308, 
452;  1899,  161,  185,  222;  1900,  271,321,  335  §  2;  1901,474;  1902,400; 
1903,  301  §  1;  1904,  227,  333,  336,  368,  450  §§  2,  10;  1905,  342,  383, 
426;  1906,340;   1907,416,463;   1908,339,347.) 

Sect.  4  amended.     St.  1908,  221. 

Sects.  12-15.     See  St.  1904,  450  §§  4-10;  1905,  472. 

Sects.  15-18.     See  St.  1906,  105,  499  §  2. 

Sects.  19,  20  repealed  and  superseded.    St.  1908,  487.    (See  1907,  499.) 

Sect.  22  et  seq.  An  act  to  regulate  public  lodging  houses  in  certain 
cities.     St.  1904,  242.      (See  1907,  490;  1908,  335.) 

Sect.  25  amended.     St.  1907,  503  §  1.     (See  1905,  347  §  1.) 

Sects.  27,  28.  An  act  relative  to  the  operation  and  custody  of  eleva- 
tors.    St.  1902,  350. 

Sect.  29.     See  St.  1905,  347  §  2. 

Sects.  36,  37  limited.     St.  1906,  105  §  1.     (See  1905,  347  §  2.) 

Sect.  41  amended.  St.  1907,  503  §  2.  Inspection  to  be  by  inspectors  of 
health.  St.  1907,  537  §  5.  (See  1904,  430 ;  1906,  522  ;  1907,  451 ;  1908, 
375.) 

Sects.  41,  42.     See  St.  1903,  475  ;  1904,  347  ;  1906,  250  ;  1907,  164. 

Sect.  54.     See  St.  1905,  347. 

Chapter  105.— Of  the  Inspection  of  Steam  Boilers. 

The  law  as  to  the  inspection  of  steam  boilers  is  revised.  St.  1907,  465  ; 
1908,  563.      (See  1905,  472  ;   1906,  387,  521,  522  ;  1907,  373,  451.) 

Board  of  boiler  rules  established.     St.  1907,  465  §  24. 

Inspectors  must  be  examined  and  certified  competent.  St.  1907,  465 
§§5,  6. 

Sect.  1.  Inspection  to  be  under  supenision  of  a  chief  inspector  of 
boilers.     St.  1907,  465  §  4.     (See  1905,  521.) 

Sects.  2,  3.     See  St.  1907,  465  §§  2,  3,  13. 

Sect.  4  superseded.     St.  1907,  465  §§  14,  15. 

Sect.  5.     See  St.  1907,  465  §§  3,  15,  17,  19. 

Sect.  6.     See  St.  1907,  465  §  28. 

Sect.  9.     See  St.  1907,  465  §  20  ;  1908,  563  §  1. 

Sects.  10,  11.     See  St.  1907,  465  §§  20,  28. 


Chap.  106.]  KeviSED   LaWS.  999 


Chapter  106— Of  the  Employment  of  Labor. 

Act  to  provide  for  ODe  day's  rest  in  seven.     St.  1907,  577. 

Act  to  constitute  eight  hours  a  maximum  day's  work  for  certain  public 
employees.  St.  1906,  517  ;  1907,  269,  570.  Hours  of  labor  of  employees 
in  penal  institutions.     St.  1908,  547. 

Act  prohibiting  monopolies  and  discriminations  in  sale  of  articles  or 
commodities  in  restraint  or  prevention  of  free  pursuit  of  any  lawful  busi- 
ness or  occupation.     St.  1908,  454. 

Massachusetts  commission  for  the  blind  may  establish  and  maintain 
workshops,  etc.     St.  1906,  385  §  4. 

Removals  and  suspensions  of  certain  employees  regulated.  St.  1904, 
314;   1905,  243;  1906,  210;   1907,  272.      (See  1907,  458.) 

Provision  for  free  emplojmient  offices  in  certain  cities.     St.  1906,  435. 

1907,  135;   1908,  306,  485.     (See  1908,  462  §  5.)     For  a  state  commission 
on  industrial  education.    St.  1906,  505. 

No  public  service  corporation  shall  appoint  or  discharge  any  person  at 
request  of  any  public  officer  or  member  of  public  body.     St.  1903,320; 

1908,  228. 

Cities  and  towns  may  establish  hours  of  labor  of  members  of  fire  depart- 
ment. St.  1904,  315.  Provision  for  security  of  persons  furnishing  mate- 
rials or  labor  on  public  buildings.  St.  1904,  349.  (See  1904,  373 ;  1907, 
490.) 

Publicity  provided  for  in  certain  cases.  St.  1906,  306.  (See  1907, 
343.) 

Sect.  1.     Salaries  fixed.     St.  1904,  399. 

Sect.  2  amended.     St.  1902,  446;   1904,  313  §  1.     (See  1908,  489.) 

Sects.  3-5  amended.     St.  1904,  313  §§  2-4. 

Sect.  10  et  seq.     Corrupt  influencing  of  agents,  etc.,  prohibited.     St. 

1904,  343  §  1.     Publishing  false  or  fraudulent  advertisement  for  labor  or 
employment.     St.  1908,  217. 

Sect.  14  revised.    St.  1904,  311. 

Sect.  16  repealed  in  part.  St.  1908,  489  §  6.  Provision  for  approval 
of  plans  of  compensation  for  injured  employees.     St.  1908,  489. 

Sect.  19  revised.     St.  1906,  517  §  1  ;  1907,  269  §  1,  570. 

Sect.  19  et  seq.  See  St.  1902,  384,  494;  1904,  334;  1906,  517;  1907, 
269,  570;  1908,  547. 

Sect.  20.     See  St.  1906,  517  §§  1-3  ;  1907,  269. 

Sect.  21  amended.     St.  1907,  190. 

Sect.  22  repealed.     St.  1906,  463  III  §§  95,  158. 

Sect.  23  amended.     St.  1904,  397.     (See  1906,  284  §  2.) 

Sect.  24  amended.     St.  1902,  435  ;  1908,  645. 

Sect.  27  amended.     St.  1907,  267. 

Sect.  28  amended.     St.  1905,  267  §  1 ;   1906,  284  §  1. 

Sects.  28,  29.     See  St.  1906,  499. 

Sects.  29-32.     See  St.  1905,  267  §  2  ;  1906,  284. 

Sect.   31  revised.     St.   1904,  432;   1905,    213  §  1 ;    1907,    224.     (See 

1905,  267  §  2;   1906,  284  §  2.) 

Sect.  33  revised.     St.  1906,  499  §§  1,  6. 


1000  Changes  in  the  [Chaps.  io7,  io8. 

Sect.  34.     See  St.  1904,  356;   1906,  499  §  3. 

Sect.  35  amended.     St.  1902,  183. 

Sects.  41,  44,   47-61.      Duties  transferred  to  health  inspectors.     St. 

1907,  537  §  5. 

Sect.  43.  Act  relative  to  operation  and  custody  of  elevators.  St. 
1902,  350. 

Sect.  46.     See  St.  1905,  341  ;   1907,  274  ;  1908,  335,  387,  494. 

Sects.  47-55,  71.  Provisions  for  safety  and  health  of  employees  in 
certain  establishments.  Pure  drinking  water.  St.  1902,  322.  Fans  or 
blowers  where  emery  or  butting  wheels  or  belts  are  used.  St.  1903,  475. 
From  flying  shuttles.     St.  1904,  347.     Sanitary  provisions.    St.  1906,  250; 

1908,  325.     Medical  and  surgical  appliances.     St.  1907,  164.     (See  1907, 
537  §  5.) 

Sect.  56  amended.     St.  1905,  238. 

Sect.  62  amended.  St.  1902,  450;  1906,  427;  1907,  193;  1908, 
650. 

Sect.  63.     See  St.  1905,  308. 

Sect.  65  amended.     St.  1905,  304  §  1. 

Sect.  66  amended.  St.  1905,  304  §  2.  Penalty  provided.  St.  1905, 
304  §  3. 

Sect.  71  amended.     St.  1908,  420.     (See  1908,  553.) 

Sect.  71  et  seq.     See  St.  1908,  380,  489,  553. 

Sect.  72  amended.     St.  1906,  370. 

Sect.  73  amended.     St.  1908,  457. 

Chapter  107.  — Of  the  Bureau  of  Statistics  of  Labor  and  the  Board 
of  Supervisors  of  Statistics. 

Sect.  1.  Chief  to  establish  free  employment  bureaus  in  certain  cities. 
St.  1906,  435;  1907,  135;  1908,  306,  462  §  5,  485.  Clerical  and  inci- 
dental expenses.     St.  1907,  79  ;  1908,  481  §  1.     (See  1906,  296  §  3.) 

Sect.  2  revised.  St.  1908,  462  §  1.  (See  1905,  211  §  1;  1906,  296, 
385  §  2;  1908,  485  §  7,  517.) 

Sect.  3  repealed.     St.  1908,  90. 

Sect.  9  repealed.     St.  1908,  481  §  2. 

Sects.  10,  11  repealed.     St.  1902,  438  §  7. 

Chapter  108.— Of  District  and  Other  Police  Oflacers. 

The  fire  marshal's  department  is  abolished  and  duties  and  powers  trans- 
ferred to  detective  department  of  district  police.  St.  1904,  433;  1905, 
280;  1908,  502,  568.  Salaries  of  fire  inspectors.  St.  1905,  247  §  1,  461 
§  1.      (See  1902,  142;  1903,  365;   1904,  370.) 

Tenure  of  office  of  police  officers.     St.  1906,  210. 

Act  to  authorize  appeals  to  state  l)oard  of  health  from  certain  require- 
ments of  the  district  police.     St.  1907,  499. 

Police  commissioner  for  Boston.  St.  1906,  291;  1907,  214.  (See 
1885,  323;  1889,  419;  1894,  266;  1897,  320;  1900,  306;  1903,  312,  428 
§  3;   1904,  353,  402;   1905,  223;   1907,  513,  584.) 


Chap.  109.]  REVISED  LawS.  1001 

Sect.  1.  Additional  members.  St.  1903,  333,  365  §§  2,  4;  1904,  318, 
430;  1906,  522  §  1 ;  1907,  451,  465  §  25,  482;  1908,  185.  (See  1904, 
347  §§  2-7  ;  1906,  105  §§  1-3,  262 ;  1908,  385  §  1.)  Age  limit.  St.  1904, 
430;   1906,  522;  1908,  375. 

Sect.  2.  Chief  of  boiler  inspection  department.  St.  1906,  521.  (See 
1906,  387  ;   1907,  465  §§  4,  25  ;  1908,  470,  563  §  2.) 

Sect.  3  et  seq.  Stenographers.  St.  1907,  465  §  25,  482;  1908,  479. 
Chief  may  authorize  carrying  of  badges  and  weapons.     St.  1908,  143. 

Sect.  4.     See  St.  1908,  195,  469. 

Sect.  5.     Salaries  fixed.     St.   1904,  382;   1905,  247  §  1,  365,  461   §  1  ; 

1906,  480  §  1,  521  §  1,  522  §  1  ;   1907,  482  §  1. 

Sects.  7,  8.  See  St.  1903,  475  §§  3,  5  ;  1905,  176,  304  §  4,  472  ;  1906, 
262;   1908,  375,  389,  566,  568. 

Sect.  8  amended.  St.  1907,  413.  Duties  transferred  to  health  inspect- 
ors.    St.  1907,  537  §  5. 

Sect.  10  amended.     St.  1902,  544  §  12. 

Sect.  11.     See  St.  1903,  333. 

Sects.  11,  12.     See  St.  1908,  470. 

Sects.  13-18  in  part  repealed.     St.  1906,  463  I  §§  49-53,  68. 

Sect.  17  extended.     St.  1904,  59. 

Sect.  20  in  part  repealed.     St.  1906,  463  I  §§  55,  68. 

Sects.  21-25  superseded.     St.  1906,  463  I  §§  49-55,  68. 

Sect.  29  amended.     St.  1903,  428  §  1. 

Sect.  30  revised.     St.  1903,  428  §  2. 

Sects.  32,  33,  36.     See  St.  1906,  291  §  10. 

Chapter  109.  —  Of  Certain  Powers,  Duties  and  Liabilities  of  Corpo- 
rations. 

New  provisions  made  for  business  corporations.  St.  1903,  437;  1904, 
207,   261;    1905,   156,  222,  242;    1906,  271    §§    12,   13,  286,  346,  372; 

1907,  282,  332,  395,  396,  578  ;  1908,  180,  300.  This  chapter  is  repealed 
so  far  as  it  applies  to  corporations  subject  to  St.  1903,  437.  St.  1903, 
437  §  95.  (See  1902,  370,  441,  463  ;  1903,  423  ;  1904,  442  ;  1905,  242  ; 
1906,  269,  392,  437  ;   1907,  414  §  2  ;  1908,  454  §  1.) 

Acts  relative  to  recording  name  and  change  of  name.     St.  1907,  539  ; 

1908,  163,  316. 

Acts  relative  to  taking  deposits  for  tickets  from  foreign  countries  and 
other  purposes.  St.  1905,  428;  1906,  408;  1907,  377  §  1;  1908,  493. 
(See  1908,  599.) 

Sects.  9-11,  15,  17,  20,  21,  24,  25,  27,  28,  30-35,  40,  52-57  repealed, 
so  far  as  they  apply  to  railroads  or  railroad  corporations,  etc.  St.  1906, 
463  II  §§  34,  38,  42,  44,  65-70,  258,  III  §§  105-112,  138-143. 

Sects.  13,  14.     See  St.  1906,  463  II  §  29. 

Sect.  18.     See  St.  1906,  463  III  §  4. 

Sect.  24.  See  St.  1902,  441 ;  1903,  437  §  40  ;  1906,  392,  437  ;  1908,  529 
§  4,  534. 

Sect.  54  amended.     St.  1905,  156.     (See  1903,  437  §  53.) 

Sect.  99.     See  St.  1906,  463  II  §  47. 


1002  Changes  in  the  [Chaps.  110-112. 


Chapter  110.  —  Of  Manufacturing  and  Other  Corporations. 

New  provisions  made  for  business  corporations.  St.  1903,  437;  1904, 
207,  261;  1905,  222;  1906,  271  §§  12,  13,  286,  346,  372;  1907,  282, 
332,  395,  396,  578 ;  1908,  180,  300.  This  chapter  is  repealed  so  far  as  it 
applies  to  corporations  subject  to  St.  1903,  437.  St.  1903,  437  §  95.  (See 
1902,  441  ;   1904,  442;   1905,  156;   1908,  454  §  1.) 

Acts  relative  to  recording  name  and  change  of  name.  St.  1907,  539  ; 
1908,  163,  316. 

Sects.  17,  19,  22-25,  27,  28  in  part  repealed.  St.  1906,  463  II  §§  29- 
32,  37,  40,  43,  258. 

Sect.  24.     See  St.  1907,  576  §  61. 

Sect.  32  amended.     St.  1908,  534  §  1.     (See  1906,  437.) 

Sect.  50.     See  St.  1905,  330. 

Sect.  86  amended.     St.  1908,  382  §  1.     (See  1908,  219.) 

Chapter  111.  —  Of  Railroad  Corporations  and  Railroads. 

This  chapter,  except  section  158,  is  repealed  by  St.  1906,  463  II  §  258  ; 
and  revised  by  St.  1906,  463  I,  II ;  1907,  245,  287,  315,  392,  585  ;  1908, 
390,  504,  542,  553,  620,  636,  649.  (See  1902,  298,  402,  432,  440,  507, 
533,  544  §  13;  1903,  126,  173,  297,  423,  478;  1904,  59,  96,  169,  265, 
357,  429;  1905,  134,  208,  210,  408,  456;  1906,  266,  267,  283,  417,  463 
II  §  258,  516  ;   1907,  428;    1908,  220,  372,  495,  552,  599.) 

Act  for  better  protection  from  fire  of  woodlands  adjoining  railroads. 
St.  1907,  431.     Act  relative  to  use  of  torpedoes,  etc.     St.  1908,  495. 

Acts  to  regulate  formation  of  electric  railroad  companies.  St.  1906,  516  ; 
1907,  428,  448. 

As  to  mileage  and  commutation  tickets.     See  St.  1908,  649. 

Acts  relative  to  taking  of  deposits  for  transmission  to  foreign  countries, 
or  other  purposes.    St.  1905,  428  ;  1907,  377  ;  1908,  493.     (See  1908,  599.) 

Sect.  158.     Not  repealed  by  St.  1906,  463. 

Act  to  restrain  the  consolidation  of  railroad  corporations.     St.  1907,  585. 

Chapter  112.  —  Of  Street  Railway  Corporations. 

This  chapter  is  repealed  by  St.  1906,  463  III  §  158;  and  revised  by 
St.  1906,  463  III,  479;  1907,  318,  392,  402;  1908,  530,  620,  636.  (See 
1902,  288,  370,  395,  396,  399,  440,  449,  483;  1903,  134,  143,  202,  320, 
328,  423,  476;  1904,  110,  210,  267,  373,  396,  441;  1905,  80,  134,  376; 
1906,  266,  267,  283,  339,  463  I  §  68,  516;  1907,  428;  1908,  220,  390, 
599.)  Provision  for  temporary  locations.  St.  1908,  266.  Transporta- 
tion of  milk  and  cream.     St.  1908,  278. 

Acts  relative  to  electric  railroad  companies.  St.  1906,  516;  1907,  428, 
448;  1908,  450.     (See  1907,  556;  1908,  220,  301,  552.) 

As  to  elevated  railways  and  subways  in  and  near  Boston,  see  St. 
1887,  413  §  4;  1890,  368,  454  §  12;  1894,  548,  550;  1895,  440;  1896, 
492;  1897,  500;  1900,  258;  1902,  114,  534;  1904,  167,  534;  1906,  213, 
620;   1907,  258,  573;   1908,  521,  551. 


Chaps.  113-115.]  REVISED   LawS.  1003 


Chapter  113.  — Of  Savings  Banks  and  Institutions  for  Savings. 

This  chapter  is  repealed.  St.  1908,  590  §  69  and  revised  by  St.  1908, 
590.  (See  1902,  169,  355,  463,  483,  490;  1904,  200,  208,  210,  374  §  5, 
427;   1905,  211,  250;   1906,  66,  204,  347,  377,  463  III  §§   147-150,  479; 

1907,  340,  377,  533,  561,  576;   1908,  222,  414,  493,  520,  523.) 

Act  relative  to  savings  deposits  in  trust  companies.     St.  1908,  520. 
Savings  banks  may  establish  life  insurance  departments.    St.  1907,  561  ; 

1908,  22.     (See  1907,  576.) 

Skcts.  14,  31  in  force  nntil  January  1,  1910. 
Sect.  26.     CI.  7  in  force  nntil  November  1,  1908. 

Chapter  114.  —  Of  Co-operative  Banks. 

Acts  to  provide  for  appointment  of  a  bank  commissioner  and  deputy. 
St.  1908,  590  §§  2-15.  (See  1906,  204,  347,  377;  1907,  561 ;  1908,  414, 
520  §§  10,  11,  13,  15. 

Act  relative  to  unauthorized  banking.     St.  1906,  377. 

Consolidation  of  two  or  more  banks  authorized  and  regulated.  St. 
1904,  392.     (See  1906,  204.) 

Sect.  2.     See  St.  1906,  204,  §  4  ;   1908,  590  §  4. 

Sect.  4  amended.     St.  1903,  147  §  1. 

Sects.  9,  10  amended.     St.  1903,  95  §§  1,  2. 

Sect.  10.     See  St.  1907,  576  §  61. 

Sect.  14.  Loans  limited.  St.  1904,  292  §  1.  Act  relative  to  mort- 
gages to  co-operative  banks.     St.  1907,  351. 

Sect.  17  revised.     St.  1906,  280  §  1. 

Sect.  24  revised.     St.  1903,  203  §  1. 

Sects.  26-30.     See  St.  1906,  204  §  3. 

Sect,  31  (new  section)  added,  relative  to  increase  in  limit  of  capital.  St. 
1903,  147  §  2. 

Chapter  115.  — Of  Banks  and  Banking. 

Acts  to  provide  for  the  appointment  and  relative  to  the  duties  of  a  bank 
commissioner  and  deputy.  St.  1908,  414,  520  §§  10,  11,  13,  15,  590 
§§  2-15.     (See  1906,  204,  377;  1907,  319  §§  2-4,  377,  561.) 

Act  relative  to  unauthorized  banking.  St.  1906,  377.  Foreign  banking 
associations  or  corporations.  St.  1906,  66  §  1,  204  §  3,  347.  (See  1902, 
463.)  Act  relative  to  foreign  banking  corporations  doing  business  as  sav- 
ings banks.     St.  1907_,  533.     (See  1908,  520.) 

Acts  regulating  business  of  receiving  funds  for  tickets  from  or  to  foreign 
countries  or  supply  of  laborers.  St.  1905,  428  ;  1906,  408 ;  1907.  377  ; 
1908,  493.     (See  1908,  599.) 

Sect.  3.     See  St.  1906,  204  §  3. 

Sect.  17  et  seq.     See  St.  1902,  169  §§  3,  4;  1908,  590  §§  19,  20. 

Sect.  56  et  seq.     See  St.  1904,  263. 

Sect.  67.     See  St.  1906,  204  §  3. 

Sects.  90-94.     See  St.  1907,  576  §  30. 

Sects.  112-115.     See  St.  1906,  204  §  3. 


1004  Changes  ix  the  [Chaps,  ue-iis. 


Chapter  116.  — Of  Trust  Companies. 

Acts  regulating  the  incorporation  and  business  of  trust  companies.  St. 
1904,  374  ;   1905,  331 ;   1908,  520.      (See  1904,  200.) 

Acts  relative  to  examinations  of  trust  companies.  St.  1907,  319  ;  1908, 
520  §  14. 

Officers  and  offices  not  to  be  same  as  or  connected  with  those  of  a  savings  • 
bank.     St.  1902,  169  §§  3,  4;   1908,  590  §§  18,  19.     As  to  maintenance  of 
branch  offices,  see  St.  1902,  355  §  2;   1908,  520  §  15.      Savings  deposits. 
St.  1908,  520. 

Sects.  2-6.     See  St.  1904,  374  §§  1-5  ;  1906,  204  §  3  ;  1908,  590  §  4. 

Sect.  5  amended.  St.  1907,  487.  Act  relative  to  increase  of  capital. 
St.  1905,  189. 

Sect.  7  et  seq.  An  examining  committee  required.  St.  1908,520  §  14. 
(See  1907,  319  §  1.) 

Sect.  16  amended.    St.  1907,417.     (See  1907,  340  §  2  ;  1908,  590  §  57.) 

Sect.  18  amended.  Trust  company  may  be  appointed  conservator.  St. 
1908,  116,  505. 

Sect.  20.     See  St.  1906,  204  §  4 ;   1908,  590  §  4. 

Sect.  28.     See  St.  1904,  374  §§  6,  7;   1905,  331  §  1. 

Sect.  30  amended.     St.  1905,  228. 

Sect.  36  amended.     St.  1907,  320 ;  1908,  520  §  13. 

Sect.  37.     See  St.  1906,  204  §  3. 

Chapter  117. —Of  Mortgage  Loan  and  Investment  Companies. 

Act  to  regulate  bond  and  investment  companies.  St.  1904,  427.  (See 
1906,  204.) 

Sects.  14,  15.     See  St.  1906,  204  §§  3,  4  ;  1908,  590  §§  2,  3. 

Chapter  118.  —  Of  Insurance. 

This  chapter  is  repealed  and  superseded  by  St.  1907,  576  ;  1908,  81,  151, 
162,  163,  165,  166,  170,  248,  436,  471,  473,  482,  509,  511,  646.  (See 
1902,106,340;  1903,174,223,421;  1904,240,247,300,304,427;  1905, 
191,  287,  315,  401  ;  1906,  271  §  7,  396;  1907,  539,  561  ;  1908,  195,  222, 
463,  469.) 

Act  to  permit  savings  banks  to  establish  life  insurance  departments. 
St.  1907,  561  ;  1908,  222. 

Act  relative  to  voluntary  exchanges  of  life  policies.     St.  1908,  436. 

Act  relative  to  change  of  name  of  certain  corporations.     St.  1908,  163. 

General  insurance  guaranty  fund  established,  and  a  state  actuary  and 
medical  director  provided  for.  St.  1907,  561  §§  14,  15,  16.  (See  1907, 
576  §  5.) 

Act  relative  to  preferred  claims  against  insolvent  domestic  fire  insurance 
companies.     St.  1908,  151. 


Chaps.  119-121.]  REVISED   LaaVS.  1005 


Chapter  119.  — Of  Fraternal  Beneficiary  Corporations. 

Sects.  1,  2.     See  St.  1903,  332  §  1. 

Sect.  6.  Domestic  corporatiou  may  adopt  provisions  of  R.  L.,  ch.  120. 
St.  1904,  155.     (See  1904,  427  §  7  ;   1907,  576  §  35.) 

Sect.  11  amended.     St.  1908,  463. 

Sect.  12  amended.     St.  1903,  332  §  1. 

Pi'ovision  for  partial  payment  on  death  of  wife.     St.  1904,  271. 

Sect.  13  amended.  St.  1907,  471.  Restriction  as  to  name.  St.  1905, 
315.     Act  relative  to  change  of  name.     St.  1908,  163. 

Sect.  14.     See  St.  1903,  166. 

Sect.  16  amended.     St.  1907,  472. 

Sect.  17.     See  St.  1903,  332  §  1. 

Chapter  120.  —  Of  Assessment  Insurance. 

Sect.  1.  Domestic  corporation  organized  under  R.  L.,  ch.  119,  may 
also  carry  on  business  under  this  chapter.  St.  1904,  155.  (See  1904,  427 
§  7;   1907,  576  §  35.) 

Act  relative  to  change  of  name  of  certain  corporations.     St.  1908,  163. 

Sect.  6.     See  St.  1904,  155  §  3,  427  §  7. 

Sect.  13  amended.     St.  1903,  227. 

Chapter  121.  — Of  Gas  and  Electric  Light  Companies. 

Act  relative  to  electric  power  companies.     St.  1908,  617. 

Act  to  authorize  the  purchase,  sale  and  consolidation  of  gas  and  electric 
light  companies.     St.  1908,  529.      (See  1906,  392.) 

Sect.  1  amended.     St.  1907,  316.      (See  1908,  655.) 

Sects.  1-4.  Powers  and  duties  of  inspector  of  gas  meters  transferred 
to  board  of  gas  and  electric  light  commissioners.  St.  1902,  228.  (See 
1903,  464;  1905,  211  §  1;  1906,  422.)  Inspectors'  salaries.  St.  1902, 
288  §  6  ;  1907,  54  §  2  ;  1908,  536  §  2. 

Sect.  3  superseded.     St.  1908,  536  §  2.     (See  1907,  54  §  1.) 

Sect.  4  superseded.     St.  1904,  435. 

Sect.  7.     See  St.  1905,  211  §  1. 

Sect.  9.     See  St.  1906,  422  §  4. 

Sect.  10.  Act  relative  to  increase  of  stock.  St.  1908,  534.  (See  1906, 
392,  437.) 

Sect.  13.     See  St.  1908,  529. 

Sect.  21.     See  St.  1903,  320. 

Sect.  22.     See  St.  1906,  392. 

Sect.  26.     See  St.  1908,  617. 

Sect.  31  amended.     St.  1903,  406  §  1. 

Sect.  33  amended.     St.  1903,  164. 

Sect.  34.     See  St.  1903,  464. 

Sects.  34,  35  limited.     St.  1906,  422  §  10. 

Sect.  40  amended.     St.  1908,  243. 


1006  Changes  in  the  [Chai-s.  122-126. 


Chapter  122.  —  Of  Companies  for  the  Transportation  of  Electricity. 

Act  relative  to  electric  power  companies.     St.  1908,  617. 

The  Massachusetts  highway  commission  to  have  general  supervision  of 
all  companies  engaged  in  the  transmission  of  intelligence  by  electricity. 
St.  1906,  433. 

As  to  electric  railroad  companies,  see  St.  1906,  516  ;  1907,  428,  448, 
556;  1908,  301. 

Sect.  1.     See  St.  1903,  320. 

Sect.  2  revised.     St.  1903,  237;   1906,  117  §  1. 

Sect.  9.     See  St.  1906,  433. 

Sect.  12.     See  St.  1906,  433. 

Sect.  24.     See  St.  1906,  433  §§  8,  9. 

Sect.  27  amended.     St.  1908,  233. 

Chapter  123.  — Of  Proprietors  of  Wharves,  Heal  Estate  Lying  in 
Common,  General  Fields,  and  Aqueduct  Corporations. 

Sect.  42  repealed  so  far  as  relates  to  transfer  of  stock.  St.  1903, 
423  §  2. 

Chapter  124.  —  Of  Agricultural  and  Horticultural  Societies. 

Sect.  6  amended.     St.  1907,  189. 

Chapter  125. — Of  Corporations  for  Charitable  and  Other  Purposes, 

Act  relative  to  change  of  name.     St.  1908,  163. 

Sect.  2.  Charter  may  be  revoked  in  certain  cases.  St.  1902,  524; 
1907,  336,  337  §  3. 

Sect.  4.  Act  to  regulate  changes  in  location  of  certain  corporations. 
St.  1907,  337.     (See  1906,  291  §  10.) 

Sect.  5.     See  St.  1905,  464, 

Sect.  13.     See  St.  1902,  430;   1903,  275. 

Sect.  17,  18  in  part  repealed.     St.  1906,  463  I  §§  46,  47,  68. 

Sect.  19  repealed.     St.  1906,  463  I  §§  48,  68. 

Sect.  20.  Trustees  shall  make  annual  reports.  St.  1904,  248.  (See 
1905,  211;   1906,  275.) 

Sect.  22.     See  St.  1905,  216;   1906,  275. 

Chapter  126. — Of  Foreign  Corporations. 

This  chapter,  except  section  8,  is  repealed  so  far  as  it  applies  to  cor- 
porations subject  to  St.  1903,437.  St.  1903,  437  §§  56-70,  95;  1905, 
233,  242  ;  1906,  346  §  2,  347.  (See  1902,  349,  463  ;  1904,  207,  261,  442  ; 
1905,  156, 222  ;  1906,  271,  372.) 

Foreign  banking  associations  or  corporations.  St.  1906,  6G,  204  §  3, 
347.     (See  1902,  463.) 

Sect.  4.     See  St.  1905,  242;  1906,  269. 

Sect.  6.     See  St.  1903,  437  §  66  ;  1905,  233. 

Sect.  9.     See  St.  190G,  269. 


Chaps.  127-131.]  REVISED   LawS.  1007 


Chapter  127.  —  Of  the  Alienation  of  Land. 

Sects.  1-6.  Signature  of  married  woman  under  twenty-one  to  convey- 
ance of  husband's  land  has  same  validity  as  if  she  were  over  that  age.  St. 
1902,  478. 

Sect.  5.     See  St.  1907,  225. 

Sect.  8  amended.     ''  Special  commissioners"  added.     St.  1902,  289. 

Sects.  12-16.     See  St.  1907,  294. 

Sect.  34  revised.     St.  1908,  149.     (See  1907,  294.) 

Chapter  128.  — Of  the  Registration  and  Conjlrmation  of  Titles  to 

Land. 

Name  of  court  changed  to  "Land  Court,"  jurisdiction  enlarged  and 
proceedings  regulated.  St.  1904,  448  ;  1905,  249,  288  ;  1906,  50,  344. 
(See  1905,  195,  286,  291,  296.)  Court  may  determine  questions  relating 
to  written  instruments  purporting  to  authorize  transfer  of  real  estate.  St. 
1906,  344. 

Sect.  1  amended.     St.  1904,  448  §  10;  1905,  249  §  1. 

Sect.  7.     See  St.  1907,  225  §  3. 

Sect.  10.     See  St.  1908,  195,  469. 

Sect.  12.  Salaries  changed.  St.  1904,  386  ;  1906,  416.  Provision  for 
retirement  of  judges  on  a  pension.     St.  1908,  179. 

Sect.  13,  relative  to  appeals,  amended.  St.  1902,  458  ;  1904  448  §§3, 
8;   1905,  288.      (See  1905,  249,  291  ;  1907,  225  §  3.) 

Sects.  13-17.     See  St.  1904,  448  §  3  ;   1905,  249,  288,  291. 

Sect.  18  amended.  St.  1905,  249  §  2.  Affected.  St.  1906,  50  §  3. 
(See  1905,  296  §  2.) 

Sect.  28.     See  St.  1907,  225  §  3. 

Sect.  29.     See  St.  1904,  448  §  6. 

Sect.  31.     See  St.  1907,  204. 

Sect.  32  amended.     St.  1906,  452  §  1. 

Sect.  35.     Act  relative  to  compensation  of  masters.     St.  1905,  195. 

Sect.  40.     See  St.  1904,  448  §  4. 

Sect.  55.     See  St.  1907,  225  §  3. 

Sect.  59.     See  St.  1907,  351. 

Sect.  61.     See  St.  1907,  294. 

Sect.  62  amended.     St.  1905,  296  §  1.     Limited.     St.  1905,  296  §  2. 

Sect.  89.     See  St.  1904,  317,  443. 

Sect.  109.     See  St.  1905,  249  §  3. 

Chapter  129.  — Of  Estates  for  Years  and  at  Will. 

As  to  payment  of  legacy  tax  on  estates  where  there  is  an  intervening 
estate  for  life  or  a  term  of  years,  see  St.  1902,  473  ;  1904,  421 ;  1907, 
563  §§  5,  7. 

Chapter  131.  — Of  Homesteads. 

Sect.  6.     See  St.  1906,  129. 


1008  Changes  in  the  [Chafs.  132-1:39. 


Chapter  132.  — Of  the  Rights  of  a  Husband  in  the  Real  Property  of 
His  Deceased.  Wife  and  the  Rights  of  a  Wife  in  that  of  Her 
Deceased  Husband. 

Act  relative  to  couveyances  and  will  of  a  husband  deserted  by  his  wife, 
or  living  apart  from  her  for  justifiable  cause.     St.  1906,  129. 

Sect.  1.  St.  1894,  170,  is  declared  to  be  in  full  force  in  respect  of  claims 
to  which  surviving  husband  or  wife  was  entitled  on  or  before  December  31, 
1901,  under  Public  Statutes,  ch.  124  §§  1,  3.     St.  1902,  482. 

Sects.  4,  5.  Signature  of  married  woman  under  twenty-one  is  valid. 
St.  1902,  478. 

Sect.  9  amended.     St.  1904,  306. 

Chapter  134.  —  General  Provisions  relative  to  Real  Property. 

As  to  payment  of  legacy  tax  on  estates  where  there  is  an  intervening 
estate  for  life  or  years,  see  St.  1902,  473  ;  1904,  421  ;  1907,  563  §§  5,  7. 
Sect.  18.     See  St.  1907,  351. 

Chapter  135.  —Of  Wills. 

Sect.  12  amended.     St.  1902,  160. 

Sect.  16.  If  the  probate  court  decrees  that  husband  has  been  deserted 
by  wife,  or  has  left  her  for  justifiable  cause,  wife  may  not  waive  provisions 
of  his  will.     St.  1906,  129  §  1. 

Chapter  136.  — Of  the  Probate  of  Wills  and  the  Appointment  of 

Executors. 

Sect.  1  amended.     St.  1905,  90. 
Sect.  4  amended.     St.  1907,  130. 

Chapter  137.  — Of  the  Appointment  of  Administrators. 
Sect.  13  amended.     St.  1908,  153. 

Chapter  138.  —  Of  Public  Administrators. 

Sect.  1  amended.     Number  limited.     St.  1908,  510,  621. 

Sect.  2  amended.     St.  1907,  284. 

Sects.  10,  11.  Public  administrators  may  be  authorized  by  probate 
courts  to  have  charge  of  and  to  lease  or  sell  real  estate.  St.  1903,  260 
§§  1,  2  ;  1905,  124  §  1.  Sales  made  under  St.  1903,  260  §  1,  ratified.  St. 
1905,  124  §  2. 

Chapter  139.  —  General  Provisions  relative  to  Executors  and 
Administrators . 

Sects.  2,  3.     See  St.  1907,  549. 


Chaps.  140-U5.]  REVISED   LaWS.  1009 


Chapter  140.  —  Of  Allowances  to  Widows  and  Children,  the  Distri- 
bution of  the  Estates  of  Intestates,  and  of  Advancements. 

Sect.  3.     CI.  3  ameuded.     St.  1905,  256. 

Chapter  141. — Of  the  Payment  of  Debts,  Legacies  and  Distributive 

Shares. 

Act  to  provide  for  the  taxation  of  legacies  and  successions.  St.  1907, 
563. 

Attachment  of  property  of  a  deceased  person  restricted.     St.  1907,  553. 

Sect.  2  amended.     St.  1904,  165. 

Sect.  6  amended.     St.  1908,  313. 

Sect.  9  et  seq.  Time  limited  within  which  real  estate  may  be  taken  or 
sold  for  payment  of  debts,     St.  1907,  549. 

Sect.  13.     See  St.  1907,  563  §  4. 

Chapter  142.  — Of  Insolvent  Estates  of  Deceased  Persons. 

Sect.  2  amended.     St.  1907,  257. 

Chapter  143. —Of  the  Settlement  of  the  Estates  of  Deceased  Non- 
residents. 

Sect.  2  amended  by  act  to  facilitate  settlements.     St.  1904,  360. 

Chapter  144. —  Of  the  Settlement  of  Estates  of  Absentees. 

Act  relative  to  the  settlement  of  trust  estates,  the  final  disposition  of 
which  depends  upon  the  death  of  a  beneficiary  who  has  disappeared  or 
absconded  and  not  been  heard  of  for  fourteen  years.     St.  1905,  326. 

Sect.  1  revised.  St.  1903,  241  §  1;  1906,  224  §  1.  (See  1902,  544 
§  14.) 

Sects.  3-5,  7,  8.     See  St.  1902,  544  §§  15-19;  1903,  241  §  3. 

Sect.  4  amended.     St.  1904,  206  §  1. 

Sect.  9  amended.     St.  1906,  175  §  1. 

Sect.  11  revised.     St.  1903,  241  §  2. 

Sect.  12.     See  St.  1902,  544  §  20;  1904,  206  §  2. 

Chapter  145.  — Of  Guardianship. 

Sect.  4  amended.  Parents  or  surviving  parent  to  have  custody  of  minor, 
if  competent.     St.  1902,  474;   1904,  163.      (See  1902,  324;  1908,  286.) 

Sect.  6  amended.     St.  1907,  169  §  1. 

Sect.  7  amended.     St.  1907,  169  §  2. 

Sect.  10.     See  St.  1908,  75. 

Sect.  23  amended.  St.  1906,  452  §  2. 

Sect.  30  et  seq.     See  St.  1908,  75. 

Sect.  40  amended.  St  1903,  96  §  1  ;  1905,  127  §  1 ;  1907,  169  §  3.  A 
trust  company  may  be  appointed.  St.  1908,  116,  505. 


1010  Changes  in  the  [Cuaps.  i4g-ioo. 


Chapter  146.  —  Of  Sales,  Mortgages  and  Leases  of  Real  Property  by 
Executors,  Administrators  and  Guardians. 

Sect.  1  et  seq.  Time  limited  within  which  real  estate  may  be  sold  for 
payment  of  debts.     St.  1907,  549. 

Sect.  18  amemled.     St.  1904,  217  §  1 ;   1906,  73  §  1 ;  1907,  236  §  1. 
Sect.  25  amended.     St.  1907,  219  §  1. 

Chapter  147.  — Of  Trusts. 
Sect.  15  amended.     St.  1907,  262. 

Chapter   148.  — Provisions    relative    to    Sales,    Mortgages,    etc.,    by 

Executors,  etc. 

Public  administrators  may  be  licensed  to  lease  or  sell  real  estate.  St. 
1903,  260. 

Time  limited  within  which  real  estate  may  be  sold  for  payment  of  debts. 
St.  1907,  549. 

Sect.  3.     See  St.  1907,  563  §§  16,  17. 

Sect.  14  revised.     St.  1907,  447. 

Sects.  14-18.     Probate  court  to  have  jurisdiction.     St.  1903,  222  §  1. 

Sect.  15.  Certain  proceedings  of  probate  courts  are  confirmed.  St. 
1902,  538. 

Chapter  149.  — Of  Bonds  of  Executors,  Administrators,  Guardians 

and  Trustees. 

Provisions  of  this  chapter  extended  to  trustees  holding  property  for 
public  charitable  purposes.     St.  1908,  295. 

Sect.  1.     CI.  4.     See  St.  1905,  326  ;  1906,  224. 

Sect.  6.     See  St.  1908,  295. 

Sect.  9.     Limited.     St.  1907,  576  §  61. 

Chapter  150.  — Of  the  Accounts  and  Settlements  of  Executors,  Ad- 
ministrators, Guardians,  Trustees  and  Receivers. 

Act  to  regulate  disbursements  by  trustees.  St.  1907,  371.  (See  1907, 
563  §§  8,  9.) 

Trusts  for  benefit  of  a  city  or  town  to  be  audited  b}-  city  or  town  auditor. 
St.  1904,  322. 

Act  relative  to  the  settlement  of  trust  estates  the  final  disposition  of 
wliich  depends  upon  the  death  of  a  beneficiary  who  has  disappeared  or 
absconded  and  not  been  heard  of  for  fourteen  years.     St.  1905,  326. 

Sect.  8.     See  St.  1907,  294. 

Sect.  17  amended.  St.  1907,  438. 

Sect.  25  amended.  St.  1906,  127  §  1. 


Chaps.  151-157.]  ReVISP:d   LawS.  1011 


Chapter  151.  —Of  Marriage. 

Sect.   11.     See  St.  1902,  324;  1907,  390. 
Sect.   14  revised.     St.  1902,  310. 
Sect.  20  amended.     St.  1907,  159. 

Sect.  40.  Advertising  to  perform  or  procure  performance  of  marriage 
ceremony  is  made  punishable.     St.  1902,  249. 

Chapter  152.  — Of  Divorce. 

Provision  for   investigation   in   suits   for  divorce  or  nullification.     St. 

1907,  390. 

Sect.   13  amended.     St.  1902,  544  §  21. 
Sect.  24.     See  St.  1906,  129. 

Sect.  25.  Court  having  jurisdiction  may  bring  before  it  on  habeas  cor- 
pus any  child  whose  care  or  custody  is  in  question.     St.   1902,  324.      (See 

1902,  474.) 

Chapter  153.  — Of  Certain  Rights  and  Liabilities  of  Husband  and 

Wife. 

Act  relative  to  conveyances  and  will  of  a  husband  deserted  by  his  wife 
or  living  apart  from  her  for  justifiable  cause.     St.  1906,  129. 
Sects.   15,  16.     See  St.  1902,  478;  1908,  75. 
Sect.  31  et  seg.     See  St.  1906,  501. 
Sect.  33.     See  St.  1902,  324;   1906,  129. 

Chapter  154.  — Of  the  Adoption  of  Children  and  Change  of  Name. 

Sect.  2  amended.     St.  1902,  544  §  22;   1904,  302. 
Sect.  3  amended.     St.  1907,  405. 

Chapter  156.  —  Of  the  Supreme  Judicial  Court. 

Sect.  5  amended.  Provision  for  jurisdiction  of  actions  of  contract  and 
replevin  stricken  out.  St.  1905,  263  §  1.  (See  1906,  306  §  2,  372,  377, 
433  §  7.) 

Sect,  7.     Act  relative  to  exceptions  in  civil  actions  before  a  jury.     St. 

1908,  177. 

Sects.   15,   16.     Plymouth   law  questions  to  be  heard  in  Suffolk.     St. 

1903,  54  §§  1,  2. 

Chapter  157.  —  Of  the  Superior  Court. 

Sect.  1.  Number  of  associate  justices  increased.  St.  1907,  286.  (See 
1902,  383;  1903,  472  §  2.) 

Sects.  2,  3.     See  St.  1903,  383  §  4. 

Sect.  3.  Jurisdiction  in  writs  of  entry,  petitions  to  try  title  to  real 
estate,  to  determine  validity  of  encumbrances  on  real  estate,  to  discharge 
mortgages  and  to  determine  boundaries  of  tlats,  transferred  to  the  land 
court.  St.  1904,  448  §  1  ;  1906,  50.  (See  1905,  195,  249,  288,  291; 
1906,  344.)  Provision  for  issue  of  habeas  corpus  in  disputes  as  to  care  or 
custody  of  child.     St.  1902,  324. 


1012  Changes  ix  the  [Chaps.  i58-i60. 

Sect.  4.  See  St.  1905,  263  §  1  ;'1906,  433  §  7,  434  §  2 ;  1908,  380. 

Skct.  6.  See  St.  1905,  288. 

Sect.  21.     Act  relative  to  exceptions  in  certain  cases.     St.  1908,  177. 

Sects.  21,  34,  35.  Provision  for  expense  of  printing  and  transportation 
of  papers,  etc.     St.  1907,  80. 

Sect.  24.  Sessions  clianged  :  Barnstable,  St.  1902,  456  §  2.  Berkshire, 
1904,  38.  Hampden,  1904,  144;  1907,  26.  Middlesex,  1903,  97  §  1. 
Plymoutli,  1903,  54  §§  3-5.     Suffolk,  1902,  456  §  1 ;   1903,  472  §  1. 

Sect.  28  amended.     St.  1907,  176. 

Sects.  30,  35.     See  St.  1908,  465  §  1. 

Chapter  158. — Provisions  Common  to  the  Supreme  Judicial  Court 
and  the  Superior  Court. 

Sect.  4.     See  St.  1907,  204. 

Sect.  10.     Judges  of  Land  Court  added.     St.  1908,  179. 

Chapter  159.  —  Of  the  Equity  Jurisdiction  and  Procedure  of  the 
Supreme  Judicial  Court  and  the  Superior  Court. 

Sects.  1-3.  See  St.  1903,  383  §  4;  1905,  315;  1906,  306  §  2,  372, 
377  §  2  ;  1908,  380. 

Sect.  3  amended.     St.  1902,  544  §  23. 

Sect.  11.     Separate  equity  docket  in  Essex.     St.  1905,  107. 

Chapter  160.  —  Of  Police,  District  and  Municipal  Courts. 

Sect.  1.  Jurisdiction  extended:  Fitchburg,  St.  1904,  259.  Lowell, 
1904,  264.      (See  1906,  489  §  4 ;   1907,  411.) 

Sect.  2.  New  courts  established:  Boston  juvenile,  St.  1906,  489; 
1907,  137,  411.  (See  1907,  158,  195;  1908,  458.)  Fourth  Bristol,  1903, 
214.  Third  Essex,  1906,  299  §  1.  Eastern  Hampshire,  1903,  412.  Win- 
chendon,  1904,  372  §  1.  (See  1906,  240.)  Western  Worcester,  1902,  416 
§§  1,  2.  Districts  changed:  Eastern  Hampden,  St.  1907,  110.  Newbury- 
port,  1902,  455.  Central  Worcester,  1902,  186.  First  and  second  eastern 
Worcester,  1902,  161.     First  northern  Worcester,  1907,  98. 

Sects.  9-12.  Clerk  for  second  Essex,  St.  1906,  240.  Central  Middle- 
sex, 1905,  133.  Williamstown,  1906,  351.  Winchendon,  1906,  248. 
Eastern  Worcester,   1905,  192.      Second  southern  Worcester,   1906,   194. 

Sect.  11  amended.     Assistant  may  be  a  woman.     St.  1908,  289. 

Sects.  12, 13.     Provision  for  assistant  clerkspro  tempore.     St.  1906,  256. 

Sect.  15.     See  St.  1908,  195,  469. 

Sect.  24  et  seq.  See  St.  1903,  209,  334  §§  1-3  ;  1904,  282  §  3  ;  1906, 
105  §  6,  282,  489  §  3;   1907,  251  ;  1908,  335  §  3. 

Sect.  25.     See  St.  1906,  413,  489;   1907,  137;  1908,  286. 

Sect.  39  et  seq.  Sessions:  Winchendon,  St.  1904,  372  §§  3,  4.  West- 
ern Worcester,  1902,  416  §  4.      (See  1904,  218.) 

Sect.  44  amended.     St.  1906,  166, 

Sect.  48.     See  St.  1904,  453  §  5. 

Sect.  56  revised.     St.  1907,  179. 


Chaps.  161,  162.]  REVISED   LaaVS.  1013 

Sect.  58.     Additional  assistants.     St.  1906,  468 ;   1908,  418,  440. 

Sect.  59.  Jurisdiction  in  certain  juvenile  cases  transferred  to  the  Boston 
juvenile  court.  St.  1906,  489  §  4.  (See  1906,  499  §  5  ;  1907,  137,  411 ; 
1908,  286.) 

Sect.  62.  Additional  officers.  St.  1905,  295;  1906,  192,  329;  1907, 
223,  261  ;   1908,  190,  191. 

Sect.  64.     Officers  attending  sessions  to  wear  uniforms.     St.  1902,  368  ; 

1906,  355  §  2.     Messenger  for  municipal  court  of  Boston.     St.  1906,  192. 
Sect.  65.     See  St.  1908,  195,  469. 

Sect.  G6  amended.     St.  1908,  191. 

Sect.  67  in  part  repealed.  Salaries  classified  and  established.  St. 
1904,  453  §§  1,  4;  1905,  339.  (See  1902,  299,  320,  356,  360,  378,  416 
§  3;  1903,  214  §  2,  412  §  2;  1904,  372  §  2  ;  1905,  133,  192;  1908,  637.) 
Boston  juvenile.     St.  1906,  489  §  2.     Chelsea,  1906,  325.     East  Boston, 

1907,  333.  Second  Essex,  1906,  240.  Third  Essex,  1906,  299  §  2. 
Franklin,  eastern  Franklin  and  eastern  Hampshire,  1907,  128.  (See  1904, 
453  §  2.)  Lawrence,  1908,  323.  Lee,  1905,  443.  Lowell,  1905,  165. 
South  Boston,  1907,  324.  AVilliamstown,  1906,  351.  Winchendou,  1904, 
372  §  2  ;  1906,  248  §  1.  Municipal  court  of  Boston,  1904,  454  §  1  ;  1905, 
452;  1906,  192  §  1,  355,  449  §  1,  450,  468;  1908,  418.  (See  1902,368.) 
Allowance  for  clerical  assistance  :  First  Barnstable,  St.  1904,  331.  Second 
Barnstable,  1906,  228.  Second  Bristol,  copyist,  1908,  351.  Brockton, 
1906,  289.  Boston,  1906,  449  §  2  ;  1908,  440.  Boston  Juvenile,  1908, 
458.  Chelsea,  1904,  258.  East  Boston,  1907,  323.  (See  1903,  179.) 
First  Essex,  1906,  196.  Second  eastern  Middlesex,  1906,  195  ;  1908,  348. 
Roxbury,  1908,  475.  West  Roxbury,  1908,  395.  First  northern  Worcester, 
1906,  197. 

Sect.  68  repealed.  St.  1904,  453  §  4.  Provision  for  travelling  expenses. 
St.  1904,  453  §3. 

Sect,  69.  Compensation  of  special  justices :  Dukes  county.  St. 
1902,  309. 

Sect.  70.  Compensation  of  assistant  clerks  pro  tempore.  St.  1906, 
256  §  1. 

Sect.  71.     See  St.  1907,  204. 

Chapter  161.  — Of  Justices  of  the  Peace  and  Trial  Justices. 

Sect.  8.     See  St.  1908,  195,  469. 

Sect.  14  amended.     Error  corrected.     St.  1902,  544  §  24. 

Sect.  30  et  seq.     See  St.  1903,  209  §  1. 

Chapter  162,  — Of  Probate  Courts. 

Sect.  3.  Jurisdiction  extended.  St.  1902,  371;  1903,  222,  248,  260; 
1906,  129,  309;   1908,  75. 

Sect.  4.  Court  may  proceed  by  habeas  coypus  to  determine  question  of 
care  and  custody  of  children  in  certain  cases.     St.  1902,  324. 

Sect.  5.  Certain  proceedings  of  the  probate  courts  confirmed.  St. 
1902,  538. 

Sect.  19  amended.     St.  1907,  266. 


1014  Changes  in  the  [Cuaps.  1 63-165. 

Sect.  38  amended.     St.  1907,  129. 
Sect.  47  amended.     St.  1905,  229. 

Sect.  60.  Changes  in  sessions  :  Essex,  St.  1908,  218.  Hampden,  1905, 
79.     Middlesex,  1907,  273.     Worcester,  1908,  227. 

Chapter  163.  —  Of  Courts  of  Insolvency. 

Sect.  2  amended.     Error  corrected.     St.  1902,  544  §  25. 
Sect.   118.     See  St.  1908,  151. 

Sects.  122,  123.  Certain  deposits  may  be  paid  to  the  State  treasurer. 
St.  1908,  168. 

Sect.  136.     Sale  of  merchandise  in  bulk  is  restricted.     St.  1903,  415. 

Chapter  164.  —  Of  Judges  and  Registers  of  Probate  and  Insolvency. 

Act  to  provide  for  retirement  of  judges.     St.  1906,  474. 

Sects.  1,  2.  Two  judges  in  Worcester.  St.  1907,  442  §§  1,  2.  And 
Essex.  St.  1908,  541  §  1.  Special  judges  in  Berkshire  and  Hampden. 
St.  1908,  110  §  1. 

Sect.  5  amended.     St.  1904,  401  §  1  ;   1905,  92  §  1. 

Sect.  7  amended.  St.  1904,401  §  2;  1906,  59  §  1.  (See  1908,  110 
§  2.) 

Sect.  11.     See  St.  1908,  195,  469. 

Sect.  12  tt  sec/.     See  St.  1907,  563  §  14;   1908,  268. 

Sect.  15.     See  St.  1907,  225. 

Sect.  17.  Assistants:  Barnstable,  St.  1907,  207  §  1.  Berkshire,  1904, 
286  §  1.  Assistants  may  be  women  in  certain  counties.  St.  1904,  286 
§  1;  1907,  207  §  1,  442  §  3;  1908,  231.  Second  assistant  in  Middlesex- 
St.   1905,  323.     And  in  Suffolk.     St.  1908,  231. 

Sect.  20.     See  1905,  323  §  1  ;  1908,  231  §  1. 

Sect.  27  in  part  repealed.  Salaries  classilied  and  established.  St.  1904, 
455  §§  1,3;  1907,  207  §  1,  442  §§  4,  5  ;  1908,  541  §  3.  (See  1906,  59  ; 
1908,  110  §  2.)  Provision  for  future  readjustment  of  salaries.  St.  1904, 
455  §  2.  For  retirement  on  pension.  St.  1906,474.  Assistant  registers, 
Berkshire.  St.  1906,265  §§  1,  3.  (See  1904,  28G  §  2.)  Middlesex, 
1905,  323  §  1.     Suffolk,  1908,  231. 

Sect.  28  amended.     St.  1904,  286  §  3  ;  1907,  207  §  2  ;   1908,  326,  328. 

Sect.  29.  Amount  increased:  Berkshire,  1904,  286  §  3;  1908,  328. 
Bristol,  St.  1902,  412;  1908,  327.  Essex,  1904,  281;  1908,  374.  Hamp- 
den, 1907,  206.  Hampshire,  1908,  326.  Middlesex,  1904,387.  Norfolk, 
1905,  183.     Plymouth,  1904,  219  ;   1908,  319.     Suffolk,  1908,  396. 

Sect.  32.     See  St.  1904,  401  §  2  ;  1905,  92  §  1  ;  1906,  59  §  1. 

Sect.  33  amended.  St.  1906,  149.  Allowance  for  uniform.  St.  1904, 
272. 

Sect.  35.     Pay  of  messenger  and  uniform.     St.  1906,  193. 

Chapter  165.  —  Of  Clerks,  Attorneys  and  Other  Officers  of  Judicial 

Courts, 

Sects.  4-7.  Additional  assistant  clerks:  Essex.  St.  1907,  253.  Mid- 
dlesex, 1903,  137  §  1.  Suffolk  superior,  1903,  472  §  3;  1906,  276. 
Worcester,  1904,  287  §  1. 


Chaps.  166,  167.]  REVISED   LaWS.  1015 

Sect.  7.     Assistant  may  be  a  woman.     St.  1907,  234. 

Skct.  12.     See  St.  1908,  Tjj,  469. 

Sect.  15  amended.     St.  1907,  145  §  1. 

Sect.  17  et  seq.  Clerks  to  make  certain  annual  returns  to  secretary  of 
the  Commonwealtli.     St.  1905,  321. 

Sect.  31  amended.     St.  1908,  253. 

Sect.  34  superseded.  Salaries  classified  and  established.  St.  1904, 
451  §'§  1,  2.      (See  1902,  462.)     Changes.     St.  1905,  179. 

Sect.  35  superseded.  Salaries  classified  and  established.  St.  1904, 
451  §§  1,  3;  1907,  145  §  2,  253.  (See  1902,  358,  499,  513;  1903,  137, 
472  §  3.)  Suffolk  superior.  St.  1902,  499;  1905,  380;  1906,  276  §  1. 
Bi-weekly  payments.     St.  1908,  259. 

Sect.  38.  Provision  for  expense  of  printing,  and  transportation  of 
papers,  etc.,  of  the  superior  court.     St.  1907,  80. 

Sects.  40,  41  revised.     St.  1904,  355  §§  1,  2. 

Sect.  43  revised.     St.  1904,  355  §  3. 

Sect.  44  et  seq.     See  St.  1904,  458  §  5 ;   1907,  443. 

Sect.  48.     See  St  1907,  490. 

Sect.  52  amended.  Eleven  in  Middlesex.  St.  1904,  348.  May  act 
in  any  county.     St.  1906,  187.     (See  1905,  110;   1906,  180.) 

Sect.  63  amended.     St.  1908,  358  §  1. 

Sect.  67  amended.     St  1908,  358  §  2. 

Sect.  69  in  part  superseded.  St.  1907,  133.  Officers  may  serve  venires 
and  processes  in  certain  cases.     St.  1907,  312. 

Sect.  72  et  seq.     Tenure  of  office.     St.  1906,  147. 

Sect.  76  amended.     St  1906,  470  §  1 ;  1907,  459. 

Sect.  81  amended.     St.  1904,  145. 

Sect.  88.     See  St  1908,  177. 

Chapter  166.  — Of  Provisions  relative  to  Courts  and  of  Naturaliza- 
tion. 

Sect.  5.     See  St  1907,  204. 

Sect.  18.     See  St  1903,  442;   1906,  527. 

Sect.  21  (new  section)  added,  providing  for  evening  sessions.  St.  1905, 
340. 

Chapter  167.  —  Of  the  Commencement  of  Actions  and  the  Service  of 

Process. 

Act  to  require  certain  non-residents  to  appoint  agents  upon  whom  service 
of  legal  process  may  be  made      St.  1908,  528. 

Sect.  6  amended.     St.  1904,  320. 

Sect.  15.     See  St  1905,  266. 

Sect.  24.     See  St  1907,  176,  204. 

Sect.  25  amended.     St.  1908,  338. 

Sect.  28  amended  as  to  trustee  process.     St.  1906,  201. 

Sects.  34-37.     See  St  1906,  269,  372;  1908,  528. 

Sect.  36.  Extended  to  certain  foreign  corporations.  St.  1907,  332. 
(See  1908,  528.) 

Sect.  38  et  seq.  Attachment  of  property  of  deceased  persons  is  re- 
stricted.    St.  1907,  553. 


1016  Changes  in  the  [Chaps.  168-175. 

Sect.  39  in  part  repealed.     St.  1906,  463  I  §§  61,  68. 
Sect.  56  amended.     St.  1907,  546  §  2. 
Sect.  62  amended.     St.  1907,  370. 
Sect.  69.     See  St.  1907,  490. 
Sect.  80  amended.     St.  1907,  453. 

Sect.   Ill  ef  seq.     Provisions    against    unauthorized  dissolutions.     St. 
1907,  334. 

Sects.  116,  117,  121-123.     See  St.  1905,  110;   1906,  187. 

Sect.  117  amended.     St.  1907,  393. 

Sects.  121,  122.     See  St.  1906,  187;   1907,  490  §  1. 

Chapter  168.  — Of  Arrest  on  Civil  Process. 

Sect.  20  amended.     St.  1906,  203  §  1. 
Sect.  41  amended.     St.  1906,  203  §  2. 

Chapter  170.  —  Of  Proceedings  against  Absent  Defendants  and  upon 

Insufllcient  Service. 

Sect.  1.     See  St.  1906,  269,  372  ;  1907,  332  ;  1908,  528. 

Chapter  171.  —  Of  the  Survival  of  Actions  and  of  the  Death  and  Dis- 
abilities of  Parties. 

Sect.  2  amended.     St.  1907,  375. 

Chapter  173.  — Of  Pleading  and  Practice. 

Sect.  2  et  seq.     See  St.  1905,  266. 
Sect.  24  amended.     St.  1907,  176. 
Sect.  38.     See  St.  1907,  582  §§  1,  18. 
Sect.  48.     See  St.  1905,  266. 
Sect.  55  amended.     St.  1905,  271. 
Sect.  76  repealed.     St.  1906,  342  §  1. 
Sect.  81  amended.     St.  1904,  448  §  9 ;   1905,  286. 
Sect.  96  amended.     St.  1906,  342  §  2. 
Sect.  97  amended.     St.  1906,  451.      (See  1907,  176.) 
Sects.  105-111.    Acts  relative  to  exceptions  in  certain  cases.    St.  1908. 
177,  516. 

Sect.  106  amended.     St.  1906,  342  §  3. 
Sect.  116  amended.     St.  1907,  546  §  1. 

Chapter  174.  —Of  Set  Off  and  Tender. 

Sect.  3.     See  St.  1908,  590  §  49. 
Sect.  14.     See  St.  1904,  317. 

Chapter  175.  —  Of  Witnesses  and  Evidence. 

Sect.  8  amended.     St.  1907,  328.     (See  1906,  291  §  18.) 
Sect.  10  et  seq.     See  St.  1904,  343  §  2  ;   1908,  604  §  72. 
Sect.  74.     See  St.  1905,  330  §  2  ;  1907,  225 ;   1908,  269. 


Chaps.  176-187.]  REVISED   LawS.  1017 


Chapter  176.  —  Of  Juries. 

Act  relative  to  juries  and  jury  service.     St.  1907,  348. 

Sect.  3  amended.     St.  1904,  307  §  1  ;   1906,  257. 

Sect.  4  amended.     St.  1907,  348  §§  1-4. 

Sect.  5  revised.     St.  1907,  348  §  5. 

Sect.  6  amended.     St.  1907,  348  §  6. 

Sect.  7  amended.     St.  1907,  348  §  7. 

Sect.  8  amended.     St.  1907,  348  §  8. 

Sect.  11.     See  St.  1907,  312. 

Sect.  36  et  seq.     Additional  penalties.     St.  1907,  348  §§  2,  3. 

Chapter  177.  —  Of  Judgment  and  Execution. 
Sect.  2.     See  St.  1907,  204. 

Chapter  179.  — Of  the  Writ  of  Entry. 

Jurisdiction  of  writs  of  entry  transferred  to  the  land  court.     St.  1904, 
448  §  1. 

Sect.  7.     See  St.  1905,  266. 

Chapter  181.  —  Of  the  Summary  Process  for  the  Possession  of  Land. 

Sect.  4.     See  St.  1907,  490. 

Chapter  182.  — Of  Proceedings  for  the  Settlement  of  Title  to  Land. 

Sects.  1-5,  11-14,  15.     Jurisdiction  transferred  to  the  land  court.     St. 
1904,  448  §  1  ;  1905,  249  §  4.      (See  1905,  288;   1906,  50,  344.) 

Chapter  183.  — Of  the  Determination  of  Bovmdaries  of  Plats. 

Sect.  1  amended.     St.  1906,  50  §  1. 
Sect.  2.     See  St.  1906,  50  §  2. 
Sect.  15.     See  St.  1907,  294. 

Chapter  184.  —  Of  the  Partition  of  Land. 

Sect.  33  amended.     Errors  corrected.     St.  1902,  544  §  26. 
Sect.  47  amended.     St.  1907,  361. 

Chapter  187.  — Of  the  Foreclosure  and  Redemption  of  Mortgages. 

Act  relative  to  the  discharge  of  mortgages.     St.  1907,  294. 
Sect.  14  amended.     St.  1906,  219  §1. 
Sect.  15  amended.     St.  1906,  219  §  2. 
Sect.  37.     See  St.  1907,  294. 


1018  Changes  in  the  [CiiArs.  189-202. 


Chapter  189.  — Of  the  Trustee  Process. 

Sect.  1.     See  St.  1906,  269. 

Sect.  6.     See  St.  1906,  201. 

Sect.  19.  See  act  relative  to  trustee  process  against  common  carriers. 
St.  1905,  324. 

Sect.  34.  Acts  relative  to  the  assignment  of  wages.  St.  1905,  308; 
1906,  390;   1908,  605  §§  7,  8. 

Sect.  65.     See  St.  1905,  110. 

Chapter  191.  — Of  Habeas  Corpus. 

Provision  for  issue  of  writ  of  habeas  corpus  in  cases  of  divorce,  nullity  of 
marriage,  separate  support  or  maintenance,  or  any  proceeding  in  which 
the  care  and  custody  of  children  is  in  question.     St.  1902,  324. 

Sect.  48.     See  St.  1908,  286. 


Chapter  192.— Of  Audita  Querela,  Certiorari,  Mandamus  and  Quo 

Warranto. 

Sect.  4  amended.     St.  1902,  544  §  27. 

Chapter  198. —  Of  Mills,  Dams  and  Reservoirs. 

Sect.  4  amended.     St.  1905,  259. 
Sect.  30.     See  St.  1905,  266. 

Chapter  197.  — Of  Liens  on  Buildings  and  Land. 

Sect.  10  amended.     St.  1908,  127. 

Sect.  28   amended.     St.   1906,   223.     Extended    to  personal  property 
liens.     St.  1907,  490  §  1. 

Chapter  198.  — Of  Mortgages,  Conditional  Sales  and  Pledges  of,  and 
Liens  upon  Personal  Property. 

Provisions  for  dissolution  of  certain  liens.     St.  1907,  490. 
Sects.  23-30.     See  St.  1907,  490. 

Chapter  201.  —  Of  Claims  against  the  Commonwealth. 
Sect.  1  amended.     St.  1905,  370  §  1.     (See  1907,  340  §  2 ;   1908,  590 
§  57.) 

Sect.  2  amended.     St.  1905,  370  §  2  ;   1908,  288. 

Chapter  202.  — Of  the  Limitation  of  Actions. 
Sect.  4.     Actions  of  tort  for  personal  injuries  against  counties,  cities 
and  towns  added.     St.  1902,  406.      (See  1905,  266.) 


Chaps.  203-208.]  REVISED   LawS.  1019 


Chapter  203.  — Of  Costs  in  Civil  Actions. 

Certain  items  of  cost  added  in  cases  of  petitions  for  abolition  of  grade 
crossings  nnder  R.  L.,  ch.  111.     St.  1902,  298. 
Sect.  24.     See  St.  1908,  177. 
Sect.  26  amended.     St.  1904,  413  §  1. 

Chapter  204.  —  Of  the  Fees  of  Certain  Officers. 

Sect.  2  amended.     Fee  for  alias  stricken  out.     St.  1904,  350  §  1. 

Sect.  2  et  seq.     Fees  to  be  paid  into  county  treasury.     St.  1904,  453  §  5. 

Sect.  6  amended.  City  of  Boston,  as  a  party  in  civil  actions,  to  pay  no 
fees  or  expenses  of  suits  to  clerks  of  courts  of  Suffolk.     St.  1902,  253. 

Fee  for  rule  to  auditor,  etc.,  and  for  alias  execution  stricken  out.  St. 
1904,  350  §  2. 

Sect.  10.     Fee  for  taking  bail  fixed.     St.  1907,  327. 

Sect.  12.     As  to  Dukes  county,  see  St.  1905,  336  §  1. 

Sect.  17  amended  relative  to  payment  of  jurors.  St.  1903,  256  §  1  ; 
1908,  353. 

Sects.  21,  39,  44.     See  St.  1907,  158. 

Sect.  25  amended.     Fee  increased.     St.  1908,  121. 

Sect.  29  amended.     St.  1908,  365.     (See  St.  1907,  294 ;  1908,  372  §  2.) 

Chapter  205.  —  Of  the  Rights  of  Persons  accused  of  Crime. 

Sect.  1.     See  St.  1906,  293. 

Sect.  4.  Male  and  female  prisoners  not  to  be  placed  in  the  same  dock 
at  same  time  in  certain  cases.     St.  1904,  218  §  1. 

Chapter  206.  — Of  Crimes  against  the  Sovereignty  of  the 
Commonwealth. 

Parading  of  foreign  troops  authorized  in  certain  cases.     St.  1906,  198. 
Sect.  6  extended.     St.  1907,  232  §  2.     (See  1908,  229.) 

Chapter  207.  —  Of  Crimes  against  the  Person. 

Speed  and  operation  of  automobiles  and  motor  vehicles  on  highways 
regulated.  St.  1903,  473  §§-3,4-11;  1907,  203,  408,  580;  1908,  648. 
(See  1902,  315  ;  1905,  311,  366 ;   1906,  353,  412 ;   1908,  263,  467,  642.) 

Sale  of  wood  alcohol  regulated.     St.  1905,  220. 

Unreasonable  neglect  to  support  wife  and  minor  children  made  punish- 
able.    St.  1906,  501. 

Sect.  28.     See  St.  1906,  386  §§  2-4. 

Chapter  208.  — Of  Crimes  against  Property. 

Act  to  regulate  sale  and  lease  of  machinery,  tools,  implements  and 
appliances.     St.  1907,  469. 

Provision  for  protection  of  property,  etc.,  used  by  commissioners  on 
fishei'ies  and  game.     St.  1906,  327. 


1020  Changes  in  the  [Chap.  208. 

Stealing  tools  of  mechanics,  etc.,  is  made  punishable.     St.  1907,  500  §  1. 

Fraudulent  conversion  of  property  by  captains  of  vessels.     St.  1907,  389. 

Unauthorized  performance  of  certain  dramatic  and  musical  compositions. 
St.  1904,  183.  Fraudulent  advertisements  for  labor  or  help.  St.  1908, 
217. 

"Wilful  printed  misrepresentations  as  to  merchandise.  St.  1902,  397; 
1907,  383. 

As  to  sale  or  distribution  of  trading  stamps  or  similar  devices,  see  St. 
1903,  386;  1904,  403;  1906,  523. 

Sale  of  merchandise  in  bulk  is  restricted.     St.  1903,  415. 

Penalty  for  giving  false  or  insufficient  weight  or  measure.     St.  1907,  394. 

Wanton  destruction  or  injury  of  personal  property  by  means  not  men- 
tioned in  this  chapter  is  punishable.     St.  1904,  305. 

The  corrupt  influencing  of  agents,  employees  or  sei'vants  is  punishable. 
St.  1904,  343  §  1. 

Sect.  7.     See  St.  1908,  209  §  1. 

Sect.  26  amended.     St.  1906,  261  §  1. 

Sects.  26,  27.     See  St.  1902,  397  ;   1907,  383,  389. 

Sect.  37  amended.     St.  1906,  181. 

Sect.  40  repealed.     St.  1902,  544  §  28. 

Sect.  51.     See  St.  1903,  415  §  1. 

Sect.  60.  Provision  to  prohibit  unauthorized  use  of  certain  registered 
insignia,  badges,  etc.  St.  1904,  335;  1907,  232  §3.  (See  1902,430; 
1903,  275  ;  1908,  417  §  2.)     And  society  titles,  etc.     St.  1908,  280. 

Sect.  61  amended.     St.  1902,  544  §  29.     (See  1902,  397.) 

Sect.  65.  Act  to  prohibit  false  marking  of  articles  made  of  gold  or 
metal  resembling  gold.     St.  1907,  460. 

Sect.  73.     See  St.  1903,  415. 

Sect.  80.     See  St.  1906,  327. 

Sects.  85,  86.  See  St.  1904,  370  §  4,  1905,  280  §  3;  1906,  463  III 
§85. 

Sect.  86  revised.     St.  1904,  396;  1906,  463  I  §  66.     (See  1908,  495.) 

Sects.  91,  99,  105,  106,  111,  121.     See  St.  1904,  444  §§  2,  3. 

Sect.  99  amended.     St.  1904,  444  §  1. 

Sect.  100  amended.  "  Or  wantonly  "  added.  St.  1902,  544  §  30.  (See 
1905,  279  §  3.) 

Sects.  101,  102  amended.  "  "Wantonly  "  substituted  for  "  wilfully  and 
maliciously."     St.  1902,  544  §§  31,  32.      (See  1905,  279  §  3.) 

Sect.  103  repealed.     St.  1908,  296,  §  5. 

Sect.  104  amended.     St.  1905,  279  §  2. 

Sect.  106  amended.     St.  1902,  544  §  33. 

Sect.  108.     See  St.  1902,  57;   1905,  381  ;  1906,  268. 

Sects.  109,  113.     See  St.  1906,  327. 

Sect.  112  amended.     St.  1905,  434.     (See  1905,  400.) 

Sect.  115  extended.     St.  1903,  158. 

Sects.  117,  118.  See  act  to  prohibit  misuse  of  vessels  used  in  sale  of 
milk.     St.  1906,  116. 

Sect.  120  revised.     St.  1905,  241. 

Sect.  124.     See  St.  1908,  209  §  1. 


Chaps.  210-213.]  REVISED   LaWS.  1021 


Chapter  210. —Of  Crimes  against  Public  Justice. 

Act  to  prohibit  soliciting  employment  by  attorneys  at  law.     St.  1907,  443. 
Sects.    14,    19.     Act  to  prohibit  conveying  drugs  or  other  articles   to 
prisoners.     St.  1905,  258. 
Sect.  17.     See  St.  1907,  362. 

Chapter  211.  — Of  Crimes  against  the  Public  Peace. 

Sect.  9.  The  carrying  of  a  loaded  pistol  without  a  license,  and  of  cer- 
tain other  weapons,  made  punishable.     St.  1906,  172  §  2  ;  1908,  350,  583. 

Chapter  212.  — Of  Crimes  against  Chastity,  Morality,  Decency  and 

Good  Order. 

Act  relative  to  admission  of  persons  under  seventeen  to  dance  halls 
and  roller  skating  rinks.     St.  1906,  384. 

Advertising  to  perform  or  procure  performance  of  marriage  ceremony  is 
punishable.  St.  1902,  249.  False  or  fraudulent  advertisements  for  labor 
or  help.     St.  1908,  217. 

Sect.  16  amended.     St.  1905,  316. 

Sect.  20  amended.     St.  1904,  120.     (See  1908,  386.) 

Sect.  37  revised.     St.  1905,  384  §  1.     (See  1905,  384  §  2.) 

Sect   40.     See  St.  1908,  440. 

Sect.  41.     See  St.  1906,  291  §  10. 

Sect.  45  amended.     St.   1905,  307  §   1 ;   1906,  501 ;  1908,  104.     (See 

1905,  338  ;   1906,  129  §  1  ;   1907,  563  §  26.) 

Sect.  46  in  part  superseded.  St.  1906,  282  §  1  ;  1907,  251.  (See  1903, 
209.) 

Sect.  53  amended.     St.  1906,  403  §  1.     (See  1907,  494.) 

Sects.  56,  57.     See  St.  1904,  274,  318;   1905,  344,  348  ;  1908,  568. 

Sect.  70  et  seq.     See  acts  relative  to  disabled  or  diseased  horses.     St. 

1906,  185  ;  1907,  363  ;  1908,  133. 
Sect.  73.     See  St.  1907,  490. 
Sect.  89.     See  St.  1908,  335. 

Chapter  213.  — Of  Crimes  against  the  Public  Health. 

Provision  for  marking  vessels  from  which  heated  milk  is  sold.  St. 
1908,  570. 

Spitting  in  certain  public  places  and  conveyances  a  punishable  offence. 
St.  1906,  165  ;  1907,  410  ;  1908,  150.  Acts  for  protection  of  health.  St. 
1902,  322;  1903,  475;  1906,  116,  250,  386;  1907,  180,  259;  1908,  307, 
325,  381,  435,  525,  539,  570. 

Sect.  2.     Giving  away  harmful  medicines,  drugs,  etc.,  prohibited.     St. 

1907,  180.      (See  1908,  525  §  3.) 

Manufacture  or  sale  of  cocaine  or  articles  containing  cocaine.  St.  1906, 
386  §   4 ;    1908,  307.     Advertisements  describing  certain  diseases.     St. 

1908,  386. 


1022  Changes  in  the  [Chaps.  214-217. 


Chapter  214.  —  Of  Crimes  against  Public  Policy. 

Provision  against  false  or  fraudulent  advertisement  for  labor  or  help. 
St.  1908,  217. 

Act  relative  to  monopolies  and  discriminations  in  sale  of  articles  or  com- 
modities in  common  use.     St.  11)08,  458. 

Acts  relative  to  use  of  moving  picture  machines  and  cinematographs. 
St.  I'JOo,  176,  437;  1908,  565,  566. 

Carrying  a  loaded  pistol  without  a  license  or  other  weapon  is  punish- 
able.    St.  1906,  172  §  2;  1908,  350,  583. 

Unsigned  political  advertisements  and  contributions  by  certain  corpora- 
tions. St.  1907,  581  ;  1908,  483.  Advertisements  describing  certain 
diseases.     St.  1908,  386. 

Wilful  printed  misrepresentations  as  to  merchandise  or  commodities.  St. 
1902,  397  ;  1907,  383.  And  unauthorized  or  fraudulent  use  of  certain  in- 
signia, badges,  names  or  titles.  St.  1904,  335  ;  1907,  232  §  3  ;  1908,  280, 
417. 

Act  relative  to  lease  and  sale  of  machinery,  tools,  implements  and 
appliances.     St.  1907,  469. 

Illegal  shooting  or  hunting.     St.  1905,  317  ;  1907,  198  ;  1908,  402,  484. 

Names  of  persons  conducting  business  must  be  recorded  in  certain  cases. 
St.  1907,  539;  1908,  316. 

As  to  sale  or  distribution  of  trading  stamps  or  similar  devices.  See 
St.  1903,  386;  1904,  403;   1906,  523. 

Act  to  prohibit  bucketing  and  to  abolish  bucket  shops.     St.  1907,  414. 

Corrupt  influencing  of  agents,  employees  or  sei'vants  is  punishable.  St. 
1904,  343.  Act  relative  to  sale  of  paint,  turpentine  and  linseed  oil.  St. 
1908,  531. 

Act  to  prohibit  soliciting  employment  by  attorneys  at  law.    St.  1907,  443. 

Sect.  2  amended.     St.  1907,  366. 

Sect.  29  extended.     St.  1902,  397  ;  1903,  386. 

Chapter  216.  — Of  Proceedings  to  prevent  the  Commission  of  Crimes. 

wSect,  15.  The  carrying  of  a  loaded  pistol  without  a  license,  and  of  cer- 
tain other  weapons,  made  punishable.     St.  1906,  172  §  2  ;  1908,  350,  583. 

Chapter  217.  —  Of  Search  Warrants,  Rewards,  Fugitives  from  Justice, 
Arrest,  Examination,  Commitment,  Bail  and  Probation. 

Sect.   1.     See  St.  1904,  367  §  2  ;  1905,  347  §  1. 
Sects.  3-8.     See  St.  1905,  347  §  1. 
Sect.  7  amended.     St.  1908,  370. 

Sect.  11  et  seq.  Provision  for  identification  of  fugitives  from  justice. 
St.  1906,  293.     (See  1905,  459.) 

Sects.  29,  30.     See  St.  1906,  489  §  7. 
Sect.  34.     See  St.  1906,  413  §  5  ;  1908,  286. 
Sect.  35  amended.     St.  1904,  164.     (See  1903,  236.) 
Sect.  44.     See  St.  1907,  176. 


Chaps.  218-220.]  REVISED   LaWS.  1023 

Sect.  52.  Male  and  female  defendants  not  to  be  placed  in  same  dock  iu 
certain  cases.     St.  1904,  218  §  1. 

Sect.  56.     See  St.  1905,  110;   1906,  180,  187. 

Sect.  62  revised.     St.  1906,  180.     (See  1906,  187.) 

Sect.  64.     See  St.  1907,  176. 

Sect.  65.     See  St.  1906,  413  §  5. 

Sect.  77  amended.     St.  1906,  221. 

Sect.  79  amended.     St.  1903,  236  §  1. 

Sect.  81  amended.  Additional  probation  officers.  St.  1905,  295  ;  1906, 
329;  1907,  261;   1908,  190,  637. 

Sect.  81  et  seq.     See  St.  1906,  489  §  6 ;   1907,  223;   1908,  465. 

Sect.  82  extended.     St.  1908,  637. 

Sects.  83,  86.     See  St.  1906,  291  §  10. 

Sect.  84.     See  St.  1908,  440. 

Sect.  84  et  seq.  Provision  for  restitution  or  reparation  in  certain  cases. 
St.  1907,  335.     (See  1905,  307,  338;   1906,  413  §§  5-9.) 

Sects.  85-90  repealed.  St.  1908,  465,  §  6.  Provision  for  a  commission 
on  probation,  and  certain  duties  of  probation  officers.  St.  1908,  465. 
(See  1902,  196  ;  1908,  637.) 

Sect.  94  amended.     St.  1906,  440. 

Chapter  218. —Of  Indictments  and  Proceedings  before  Trial. 

Sect.  15.     See  St.  1906,  413  §  11. 
Sect.  58.     See  St.  1907,  158. 
Sect.  67.     See  St.  1906,  501. 


Chapter  219.  —  Of  Trials  and  Proceedings  before  Judgment. 

Male  and  female  prisoners  not  to  be  placed  in  same  dock  iu  certain  cases. 
St.  1904,  218  §  1. 

Sects.   11,  12  revised.     St.  1904,  257  §  1. 

Sect.  22  amended.     St.  1905,  319.     (See  1906,  413  §  5.) 

Chapter  220.  —  Of  Judgment  and  Execution. 

Sect.  1  revised.  St.  1905,  338  §  1.  (See  1905,  307;  1906,  413  §  5, 
501  §  3;   1907,  335;   1908,  104.) 

Sect.  4  amended.  Unless  otherwise  provided,  a  person  convicted  of  a 
misdemeanor,  punishable  by  imprisonment,  may  be  sentenced  to  jail  or 
house  of  correction.     St.  1902,  544  §  34. 

Sects.  15,  16.  Sentences  to  reformatory  prison  for  women  regulated. 
St.  1903,  209  §§  1-3;  1906,  282;   1907,  251. 

Sect.  16  amended.     St.  1904,  224. 

Sect.  18.     See  St.  1906,  413  §  8. 

Sect.  20.     See  St.  1906,  261  §  2. 

Sect.  21  amended  as  to  term  of  imprisonment.     St.  1904,  303. 

Sect.  27  amended.     St.  1908,  232. 

Sect.  29  revised.     St.  1907,  252. 


1024  Changes  in  the  [Chaps.  222-225. 


Chapter  222.  — Of  the  Board  of  Prison  Commissioners. 

Provision  for  retiring  and  pensioning  prison  officers.     St.  1908,  601. 

Provision  for  hospital  for  prisoners  having  tnbercular  disease.  St. 
1905,  355  ;  1906,  243.  For  identifying  certain  persons  held  in  prison. 
St.  1905,  459  ;   1906,  293. 

Sect.  3.  See  St.  1902,  196  ;  1903,  209  §§  4,  5,  212,  452  ;  1905,  355,  459 
§  2;   1906,  243,  293,  302;   1908,  230,  601. 

Sect.  6.     See  St.  1905,  311  §  6. 

Sect.  7.     See  St.  1906,  291  §  10. 

Sect.  9.     See  St.  1905,  211  §  1. 

Chapter  223.  — Of  the  State  Prison,  the  Massachusetts  Reformatory 
and  the  Reformatory  Prison  for  Women. 

Sect.  3.  Provision  for  retiring  and  pensioning  prison  officers.  St. 
1908,  601.     Hours  of  labor.     St.  1908,  547. 

Sect.  6  affected.  St.  1908,  195.  Certain  advances  authorized.  St. 
1908,  178.      (See  1907,  466.) 

Sects.  8,  10.     See  St.  1908,  469. 

Sect.  14.     See  St.  1905,  355  ;  1906,  243,  302. 

Sect.  17  amended.     St.  1906,  242  §  1. 

Sect.  19.  Salary  changed :  physician  and  surgeon.  St.  1908,  426. 
(See  1902,  454.) 

Sects.  23,  25.     See  St.  1908,  469,  601. 

Sect.  24.     See  St.  1907,  466;  1908,  195. 

Sect.  28.  Sentences  regulated.  St.  1903,  209 ;  1906,282;  1907,251. 
(See  1906,  302.) 

Sect.  29.     See  St.  1906,  302. 

Sect.  31.     See  St.  1908,  469. 

Sect.  34.     See  St.  1907,  466;   1908,  195. 

Sect.  37  repealed.     St.  1904,  205  §  1. 

Chapter  224.  — Of  Jails  and  Houses  of  Correction. 

Sect.   11.     See  St.  1895,  449  §  14;   1896,  521,  536;  1897,  395. 

Sect.   16  et  seq.     See  St.  1908,  601. 

Sects.  18,  20.     See  St.  1905,  231 ;   1908,  547. 

Sect.  24.     See  St.  1906,  150;  1908,  469. 

Sect.  26.     See  St.  1906,  302. 

Sect.  31.     See  St.  1908,  195. 

Sects.  34-37  repealed.     St.  1904,  211. 

Chapter  226.  — Of  the  Officers  and  Inmates  of  Penal  and  Reforma- 
tory Institutions,  and  of  Pardons. 

Provision  for  retiring  and  pensioning  prison  officers.     St.  1908,  601. 
Sects.  7,  8,  9.     See  St.  1907,  466;   1908,  195. 
Sect.  9.     See  St.  1905,  211  §  1. 
Sect.  10  amended.     St.  1904,  214. 


Chap.  2-25.]  Ee VISED   La^YS.  1025 

Sect.  11  et  seq.  Hours  of  labor  aud  number  of  employees.  St.  1908, 
547. 

Sect.  18  revised  aud  extended.  St.  1904,  241  §  1  ;  1905,  459  §  1  ; 
1906,  293. 

Sects.  20,  21.     See  St.  1906,  293. 

Sect.  28  amended.     St.  1903,  207  §  1. 

Sect.  29  revised.     St.  1905,  244. 

Sect.  51  amended.     St.  1903,  213  §  1. 

Sect.  65.     See  St.  1906,  243;   1908,  469. 

Sect.   66  repealed   and  new  provisions  made.     St.    1904,   243.     (See 

1905,  258.) 

Sect.  67.     See  St.  1908,  195. 

Sect.  72  amended.     St.  1904,  363  §  1. 

Sect.  72  et  seq.     See  St.  1905,  464. 

Sect.  80  et  seq.  See  St.  1905,  355  ;  1906,  243,  302.  Board  may  dele- 
gate to  the  chairman  authority  to  remove  and  transfer  prisoners.  St.  1908, 
230. 

Sect.  86.     See  St.  1906,  282;  1907,  251. 

Sect.  96  amended.     St.  1905,  240. 

Sect.  100.     See  St.  1905,  355  §§  2,  3  ;  1906,  243,  302. 

Sect.  101  amended.     St.  1906,  472  §  1.     (See  1904,  278  §  2.) 

Sects.  107-111.     See  act  relative  to  expense  of  removing  prisoners.     St. 

1906,  324. 

Sect.  108  revised.  St.  1903,  354  §  1 ;  1906,  324. 

Sect.  117  amended.  St.  1906,  244. 

Sect.  121  amended.  St.  1902,  227.   (See  1902,  196.) 

Sect.  128  amended.  St.  1908,  251. 

Sect.  129  revised.  St.  1903,  452  §  1.  (See  1903,  209  §  5.) 

Sect.  131.  See  St.  1906,  243  §  2. 

Sect.  136  amended.  St.  1903,  212  §  1. 

Sect.  137  amended.  St.  1905,  235. 


1026  Changes  in  the 


n 

CHANGES  m  THE   GENERAL  LAWS 

PASSED   SINCE   THE   ENACTMENT   OF   THE    "REVISED 

LAWS  " 


Statutes  of  1903 

Chap. 

55  See  1906,  487.     R.  L.  6. 

57  Affected,  1905,  381;  1906,268;  1907,521.  §  2  repealed,  1905, 
S81  §  10.     (See  1908,  296.)     R.  L.  25,  26,  53,  101. 

85  See  1905,  122.     R.  L.  92. 

90  Repealed,  1907,  560  §  456.  (See  1903,  279  §§  5, 16.)  R.  L.  11. 

106  Superseded,  1907,  576  §§  15,  122.  R.  L.  118. 

108  Repealed,  1906,  171  §  3.  (See  1903,  253.)  R.  L.  32. 

109  Limited,  1907,  311.  R.  L.  25. 
114  See  1902,  534.  R.  L.  112. 

116  §  8  ;  see  1905,  211  §  1.  R.  L.  89,  90. 

127  §  1  amended,  1907,  250  §  2.  R.  L.  92. 

137  Amended,  1906,  314  §  2.   (See  1903,  205.)  R.  L.  91. 

138  See  1902,  178;  1904,367  §  1;  1906,  179  §  2;  1907,  198,  299; 

1908,  195,  255,  469.  R.  L.  56,  91. 
142  §§  2,  3  repealed,  1904,  433  §  3.  (See  1903,  365  §  1 ;  1904,  370 

§§  1,  3.)  R.  L.  32,  108. 
154  §  1  superseded,  1905,  245.  R.  L.  92. 

157  Repeal  and  substitute,  1907,  560  §§  200,  456.  (See  1903,  454  §  9  ; 

1905,  386  §  6.)  R.  L.  11. 

158  Superseded,  1905,  465  §§  87,  194.  (See  1908,  604.)  R.  L.  16. 
165  Superseded,  1905,  406  ;  1906,  303.  (See  1904,  366  §  3.)  R.  L.  92. 
169  Superseded,  1908,  590  §§  19,  20,  29,  37,  69.  R.  L.  113. 

171  §  1  amended,  1905,  206  §  1.  R.  L.  100. 

177  Superseded,  1907,  139  §2,  276.   (See  1903,  120;  1905,  149.) 

R.  L.  6. 

178  See  1904,367  §  1;  1906,  179  §  2;  1907,  198,  299;  1908,  255. 

R.  L.  91. 
187  §§1,4;  see  1906,  291  §  4.  R.  L.  102. 

189  See  1907,  238.  R.  L.  75. 

190  §  2  superseded,  1902,  544  §§  10,  35.     R.  L.  75. 

192     Affected,  1904,  381  ;    1907,  43.     §  4  superseded,  1903,  420  §  1  ; 
1904,  381  §  1.     (See  1908,  405.)     R.  L.  79. 


General  Laws.  1027 

Chap. 

196  See  1908,  465  §  3.  R.  L.  217. 

206   §  1  amended,  1906,  365  §  4.   §  2  superseded,  1906,  365  §  2. 

(See  1907,  183.)  R.  L.  75. 
211  Repealed,  1903,  279  §  18.  R.  L.  11. 
213  §  1  superseded,  1907,  386  §  1 ;  §  2  amended,  1907,  386  §  2.  (See 

1904,  395  §  2  ;  1907,  183.)  R.  L.  75. 
216  See  1904,  381  §  1.  R.  L.  79. 

225  Superseded,  1907,  560  §§  93,  456.  (See  1902,  492.)  R.  L.  11. 

226  Amended,  1904,  127.  (See  1904,  283.)  R.  L.  20,  102. 

228  §  6  superseded,  1908,  536  §  2.  (See  1907,  54  §  2.)  R.  L.  58, 

121. 
230  See  1905,  275.  R.  L.  9. 
246  Affected,  1903,  280.  R.  L.  47. 

250  See  1902,  292;  1904,  381  §§  17,  18.  R.  L.  79. 

251  Superseded,  1904,  381  §  3.  R.  L.  79. 

288  Superseded,  1906,  463  III  §§  38,  158.  R.  L.  112. 
292  Superseded,  1904,  381  §  17.  R.  L.  79. 

298  Superseded,  1906,  463  I  §§  30,  31,  37,  68.  (See  1902,  440; 

1905,  408.)  R.  L.  111. 

299  Superseded,  1904,  453  §§  1,  6.     R.  L.  160. 

312  §  2  amended,  1903,  220  §  2  ;  1908,  329  §  6.     R.  L.  75. 

313  In  part  superseded,  1905,  327  §§  1,  2.     R.  L.  66. 

314  Amended,  1906,  413  §  3.     R.  L.  86. 

315  Repealed,  1903,473  §  15.     (See  1905,  311;   1906,  353.)     R.  L. 

47,  52,  102. 

320  Superseded,  1904,  453  §§  1,  6.  R.  L.  160. 

321  See  1907,  140,  190,  308.  R.  L.  76,  100. 

322  Affected,  1907,  537  §  5.  R.  L.  106. 

324  See  1902,  474;  1904,  163;  1907,  390.  R.  L.  145,  151,  152. 
327  Amended,  1908,  525  §  3.  (See  1906,  281  §  1 ;  1907,  140,  190,  308  ; 

1908,  238,  307.)  R.  L.  76. 
336  Superseded,  1905,  465  §  14.  (See  1904,  439  ;  1908,  604.)  R.  L. 

16. 
340  Repealed,  1907,  576  §  122.  R.  L.  118. 
342  §§  2,  3,  4,  5  in  part  repealed,  1903,  437  §  95.  (See  1906,  463 

II  §  212.)  R.  L.  14. 
346  Superseded,  1907,  560  §§  359,  456.  R.  L.  11. 

348  Superseded,  1907,  560  §§  60,  456.   (See  1902,  512.)  R.  L.  11. 

349  See  1906,  372.  R.  L.  126. 

355  §  2  revised,  1908,  520  §  15.   (See  1906,  204  §  4;  1908,  590 

§§  2,  4.)  R.  L.  113,  116. 

356  Superseded,  1904,  453  §§  1,  6.  R.  L.  160. 
358  Superseded,  1904,  451  §  3.  R.  L.  165. 
360  Superseded,  1904,  453  §  1.  R.  L.  160. 
364  Amended,  1908,  496,  508,  561.  R.  L.  5. 
368  §  1  amended,  1906,  355  §  2.  R.  L.  160. 

370  Superseded,  1906,  463  III  §§  103,  158.  (See  1902,  441  ;  1903, 

437  §§  14-16,  27.)  R.  L.  112. 
378  Superseded,  1904,  453  §  1.  R.  L.  160. 


1028  Changes  in  the 

Chap. 

383  §  1  superseded,  1903,  472  §  2 ;  1907,  286.  R.  L.  157. 

384  Superseded,  1907,  560  §§  447,  456.  (See  1904,  334  §  1.)  R.  L. 

11. 
391  See  1907,  524.  R.  L.  75. 

395  Repealed,  1906,  463  III  §  158.     R.  L.  112. 

396  Repealed,  1906,  463  III  §  158.     R.  L.  112. 

397  See  1907,  383.     R.  L.  214. 

399  Repealed,  1906,  463  III  §§  7,  64,  65,  158.  (See  1906,  339; 

1908,  266.)  R.  L.  112. 
402  Superseded,  1906,  463  I  §§  2,  68.   (See  1904,  96.)  R.  L.  111. 

411  Superseded,  1902,  544  §§  4,  35.  (See  1904,  451  §  1,  cl.  H.) 

R.  L.  20. 

412  Increase,  1908,  327.  R.  L.  164. 

414  Amended,  1908,  126,  273.   (See  1907,  577;  1908,  333,  343.) 

R.  L.  98. 

416  §  3  in  part  superseded,  1904,  453  §  1.  R.  L.  100. 

419  See  1908,  259.  R.  L  165. 

423  §  1  amended,  1905,  193  §  1.  R.  L.  13. 

430  Repealed,  1904,  335  §  3.   (See  1903,  275.)  R.  L.  72,  208. 

432  Superseded,  1906,  463  I  §§  2,  68.   (See  1904,  429;  1906,  417.) 

R.  L.  111. 

433  In  part  superseded,  1906,  200.     R.  L.  42. 
435     Amended,  1908,  645.     R.  L.  106. 

440  Superseded,    1906,  463   I   §§   29-45,  68.     (See   1902,   298,  507; 

1905,  408.)     R.  L.  111. 

441  In  part  repealed,  1903,  437  §§  27,  95.  R.  L.  109. 
443  §  1  amended,  1905,  325  §  2.  R.  L.  13. 

446  §  1  amended,  1904,  313  §  1.  R.  L.  106. 

449  Superseded,  1906,  463  III  §§  60-63,  158.   (See  1906,  218.) 

R.  L.  34,  112. 

450  Superseded,  1906,  427;  1907,  193;  1908,  650.     R.  L.  106. 

453  §  2  amended,  1908,  304.      R.  L.  57. 

454  Superseded,  1908,  426.     R.  L.  223. 

457  Superseded,  1907,  534  §  2.     R.  L.  62. 

458  Affected,  1905,  288.     (See  1904,  448  §§  3,  8  ;  1905,  249.)     R.  L. 

128. 

462  Superseded,  1904,  451  §  1.  R.  L.  165. 

463  Repealed,  1906,  347  §  5.   (See  1906,  66  §  1,  204  §  3;  1908, 

590  §  4.)  R.  L.  115,  126. 
471  Superseded,  1905,  157  §§  3,  5;  1906,  460  §  2.  R.  L.  7. 

473  Superseded,  1907,  563  §§  6,  26.   (See  1903,  276;  1907,  452; 

1908,  624.)  R.  L.  15. 

474  Amended,  1904,  163.     R.  L.  145. 

483     Superseded,  1908,  590  §  68.      (See  1904,  210;  1906,  204,  463  III 

§§  147-149,  158.)     R.  L.  112,  113. 
485     §  4  affected,  1906,  291.     R.  L.  100. 
490     Superseded,  1906,  204  §  2  ;   1908,  590  §  3.      R.  L.  113. 

492  Superseded,  1907,  560  §§  93,  456.     R.  L.  11. 

493  Superseded,  1905,  465  §  ISO.     (See  1908,  604.)     R.  L.  16. 


General  Laws.  1029 

Chap. 

495  §  1  amended,  1907,  321  §  1.  §  5  revised,  1907,  321  §  2.  §  7  re- 
vised, 1907,  321  §  3.  New  sections  8-13  added,  1907,  321 
§§  4-9.      (See  1904,  409  §  3.)     R.  L.  89. 

499     See  1904,  451  §  3;  1905,  380.     R.  L.  165. 

505  §  2  in  part  superseded,  1907,  399.     §  3  amended,  1903,  228.      (See 

1903,  249  §  1.)     R.  L.  76. 

506  Superseded,  1907,  560  §§  109,  456.     (See  1904,  179.)     R.  L.  11. 

507  In  part  repealed,  1906,  463  I  §§  44,  68.     R.  L.  111. 

512  Superseded,  1907,  560  §§  60,  456.     R.  L.  11. 

513  Superseded,  1904,  451  §  3.      (See  1908,  259.)     R.  L.  165. 
521     See  1906,  258,  393.     R.  L.  48. 

523  §  1  in  part  superseded,  1906,  109  §  2  ;  1908,  497.     R.  L.  4. 

524  Affected,  1906,  291  §  4.     R.  L.  100. 

530  Superseded,  1905,  157  §§  2,  5.     R.  L.  7. 

531  §  1  amended,  1906,  151.     R.  L.  65. 

533  Superseded,  1906,  463  I  §§  23,  68.     R.  L.  111. 

534  Limited,  1907,  573   §   17.     §  6  amended,  1907,   258.      (See   1904, 

167.)     R.  L.  112. 
537     Repealed,  1907,  560  §  456.      (See  1903,  425,  426,  450,  453,  474; 

1905,  386;   1906,  444.)     R.  L.  11. 
542     See  1905,  400.     R.  L.  87. 

544     §  2  repealed,  1907,  560  §  456.     R.  L.  11.     §  4  in  part  superseded, 

1904,  451   §   1.     §   11  amended,   1905,   190.      (See   1903,  205; 

1906,  314.)  R.  L.  91.  §  13  superseded,  1906,  463  II  §§  193, 
258.  R.  L.  111.  §  14  superseded  and  §§  15-19  repealed,  1903, 
241.  (See  1904,  206  §  1;  1906,  224  §  1.)  R.  L.  144.  §20 
repealed,  1904,  206  §  2.  R.  L.  144.  §  22  amended,  1904,  302. 
R.  L.  154.  §  32  affected,  1905,  279  §  3.  R.  L.  208.  §  34; 
see  1903,  209  §  1.     R.  L.  220. 

Statutes  of  1903 

96  §  1  amended,  1905,  127  §  1  ;  1907,  169  §  3.   (See  1908,  116.) 

R.  L.  145. 
100  §  1  amended,  1904,  283.  R.  L.  102. 
102  §  2  affected,  1904,  288  §  1.  §  3  amended,  1904,  143  §  1.  R.  L. 

19. 
109  Repealed,  1907,  121.  R.  L.  6. 

120  Superseded,  1905,  149  ;  1907,  139  §  2,  276.  R.  L.  6. 
122  §§  5,  7  amended,  1907,  6Q.     §  10  amended,  1904,  332  §  1.  R.  L. 

57. 
134  Superseded,  1906,  463  III  §§  90,  158.  R.  L.  112. 
137  See  1904,  451  §  3.  R.  L.  165. 
143  Superseded,  1906,  463  III  §§  74,  158.   (See  1905,  376  §  1.) 

R.  L.  112. 
151  §  1  superseded,  1905,  465  §  64.   (See  1905,  202  ;  1908,  604.) 

R.  L.  16. 
158  §  1  ;  see  1905,  205.  R.  L.  28,  48. 
161  §  1  ;  see  1908,  499  §  5.  R.  L.  12. 


1030  Changes  in  the 

Chap. 

162  Amended,  1905,  414;  1907,  99.  (See  1903,  244.)  R.  L.  92. 

171  §  1  ;  see  1908,  195.  R.  L.  45. 

173  Superseded,  1906,  463  I  §§  7,  68.  (See  1904,  265;  1906,  266.) 

R.  L.  111. 

174  Superseded,  1907,  576  §§  46,  122.     R.  L.  118. 
179  Superseded,  1907,  323.     R.  L.  160. 

202  Superseded,   1906,  463  III  §§  41,   158;    1907,  402.      (See  1904, 
441.)     R.  L.  112. 

205  Extended,  1906,  263  §  1.     R.  L.  91. 

206  Superseded,  1908,  441.     R.  L.  92. 

209  §   1  affected,   1906,  282  §  2  ;   1907,  251   §  1.     §§  2,  3  affected, 

1907,  251  §  2.     (See  1904,  224;  1906,  282  §  1.)     R.  L.  220. 

214  §  2  in  part  superseded,  1904,  453  §  1,  cl.  G.     R.  L.  160. 

219  Amended,  1905,  289  §  2.     R.  L.  76. 

220  §  2  amended,  1908,  329  §  6.     R.  L.  75. 

222  Affected,  1907,  447.     R.  L.  148. 

223  Superseded,  1907,  576  §§  11,  122.     (See  1905,  287.)     R.  L.  118. 
226  §  3  repealed,  1905,  169.     (See  1904,  263.)     R.  L.  6. 

229  §  1  ;  see  1908,  195.     R.  L.  18. 

236  See  1904,  164.     R.  L.  217. 

237  Amended,  1906,  117.     R.  L.  122. 

241  §  1  amended,  1906,  224  §  1.     (See  1904,  206  §  1.)     R.  L.  144. 

245  Superseded,  1905,  419  ;  1907,  307  ;  1908,  377.     R.  L.  92. 

247  Superseded,  1905,  465  §  145.     (See  1908,  604.)     R.  L.  16. 

248  Superseded,  1907,  563  §§  4,  26.     R.  L.  15, 

249  §  1  amended,  1906,  503  §   1.     §  4  amended,  1906,  503  §  2.      §  8 

amended,  1907,  314  §  1.     (See  1906,  503  §  3.)     §  9  amended, 

1907,  314  §  2.     R.  L.  76. 

251  Superseded,  1907,  563  §§  7,  26.     (See  1904,  421.)     R.  L.  6,  15. 

253  Affected,  1906,  171.     R.  L.  32. 

256  See  1908,  353.     R.  L.  204. 

260  §  1  amended,  1905,  124  §  1.     R.  L.  138. 

274  Amended,  1907,  306.     R.  L.  91. 

275  Repealed,  1904,  335.     R.  L.  72,  208. 

276  Superseded,  1907,  563  §§  6,  26.      (See  1907,  452.)     R.  L.  15. 

279  Superseded,   1907,  560  §§   69-76.      (See  1903,  474;    1904,  245, 

294;  1905,  318;   1906,  291,  444;   1907,  387,  429.)     R.  L.  11. 

280  §  2  revised,  1904,  244  §  1.     R.  L.  47. 
283  §  1 ;  see  Res.  1905,  2.     R.  L.  6. 

287  Amended,  1907,  250  §  1.     Affected,  1908,  484.     R.  L.  92. 

291  Affected,  1905,  211  §  1.     R.  L.  9. 

294  Superseded,  1904,  308.      (See  1906,  239.)     R.  L.  91. 

297  Superseded,  1906,  463  I  §§  62,  68.     R.  L.  111. 

299  See  1904,  215.     R.  L.  38,  42. 

301  Repealed,  1907,  550  §  13.     R.  L.  104. 

305  §  1  amended,  1906,  415  §  1.     R.  L.  29. 

318  Repealed,  1907,  560  §  456.     (See  1907,  429  §  13.)     R.  L.  11. 

320  §  2  amended,  1908,  228.     R.  L.  18,  19,  106. 

330  §§1,  2,  3  amended,  1904,  220  §§   1,  2,  3.     Affected,  1906,  389. 
R.  L.  46. 


General  Laws.  1031 

Chap. 

331  §  1  amended,  1905,  205.  R.  L.  28,  48. 

334  lu  part  superseded,  1906,  489.  (See  1904,  356  ;  1906,  501  ;  1907, 

137,  158,  195.)  R.  L.  83,  160. 
354  See  1906,  324.  R.  L.  225. 
356  See  1904,  246.  R.  L.  75. 
365  §  1  repealed,  1904,  433  §  3.  (See  1904,  370  §§  1-3;  1908,  185.) 

R.  L.  108. 

367  See  1906,  386;  1907,  ISO,  259;  1908,  307.  R.  L.  75. 

368  Superseded,  1907,  560  §§  217-228,  456.   (See  1905,  313  §  1.) 

R.  L.  11. 

377  Superseded,  1905,  465  §  31.   (See  1908,  604.)  R.  L.  16. 

383  §  3  amended,  1907,  464.  R.  L.  49. 

386  See  1904,  403  ;  1906,  523.  R.  L.  208. 

387  Superseded,  1904,  381  §  3,  cl.  4.  R.  L.  79. 
395  Superseded,  1905,  157  §§  2,  5.  R.  L.  7. 
400  See  1904,  278  ;  1905.  458.  R.  L.  87. 

408  §  2  amended,  1905,  209  §  1.  R.  L.  57. 

412  §  2  in  part  superseded,  1904,  453  §  2.  R.  L.  160. 

420  §  1  superseded,  1904,  381  §  1.   (See  1907,  43.)  R.  L.  79. 

421  Superseded,  1907,  576  §§  7,  122.  R.  L.  118. 

423  In  part  repealed,  1906,  463  II  §§41,  258,  III  §  158.  (See  1903, 
437.)  R.  L.  109. 

425  Repealed,  1907,  560  §  456.  R.  L.  11. 

430  Superseded,  1907,  560  §§  19,  456.  (See  1£04,  294  §  3  ;  1907,  429 
§  3.)  R.  L.  11. 

432  Repealed,  1907,  571  §  2.  R.  L.  65. 

437  §  2  ;  see  1907,  414  §  2.  §  3  ;  see  1906,  433  §  4.  §  5  ;  see  1908, 
163.  §  7  amended,  1906,  286  §  1.  §§  9,  10  ;  see  1906,  463  II 
§§  29,  30,  III  §§  10,  11.  §  12;  see  1907,  282;  1908,  382. 
§§  14,  40;  see  1905,  189.  §  15  ;  see  1906,  463  II  §  45.  §§17, 
18;  see  1906,  463  II  §§  31,  32,111  §§  12,  13;  1907,  282  §  1; 
1908,  180.  §  20  amended,  1904,  207.  §§20-32;  see  1906, 
463  II  §§  33-44,  III  §§  14-25.  §  40;  see  1908,  163,  534. 
§  42;  see  1908,  534.  §  45  et.  seq. ;  see  1907,  282,  329,  395, 
586  ;  1908,  194.  §  47  amended,  1908,  300  §  1.  §  49  amended, 

1906,  346  §  1.  §  50;  see  1907,  414  §  2.  §  53  amended,  1905, 
156.  §  56  et  seq. ;  see  1906,  269,  347,  372.  §  58  amended,  1905, 
242.  (See  1906,269,372;  1907,332.)  §60;  see  1906,  372. 
§  66  amended,  1905,  233.  §  67  amended,  1908,  300  §  2. 
§  68  revised,  1906,  346  §  2.  §  71  ;  see  1907,  329,  586;  1908, 
193, 194.  §§  71-87  ;  see  1904,  442.  §  72  ;  see  1907,  395  ;  1908, 
615.  §  74  amended,  1904,  261  §  1  ;  1906,  271  §  12.  (See  1908, 
220.)  §  75  amended,  1907,  578.  §  77  amended,  1906,  271 
§  13.  §  86  amended,  1908,  614.  (See  1906,  516  §  20.) 
§  88  amended,  1907,  396  §  1  ;  1908,  382.   §  89  amended, 

1907,  396  §  2.  §  94;  see  1905,330.  (See  also  1905,  222; 
1906,  66,  377,  392,  437,  463  I  and  II.)  R.  L.  14,  109,  110, 
126. 

450  Repealed,  1907,  560  §§  166,  456.  (See  1903,  453,  454.)  R,  L.  11. 
453  Repealed.  1907,  560  §  456.  R.  L.  11. 


1032  Changes  ix  the 

Chap. 

454  Repealed,  1907,  560  §  456.  (See  1903,  474  §  6  ;  1904,  41,  179, 

293,  377  ;  19U5,  386  ;  1907,  429  §  14.)  R.  L.  11. 

455  §  1  ameuded,  1905,  218  §  2;  1907,  359.  R.  L.  10. 

456  Affected,  1904,  107,  234;  1906,  200;  1908,  427.  R.  L.  39,  41. 

457  §§  1,  2  superseded,  1905,  465  §§  122,  123.   (See  1904,  371 ;  1905, 

391  ;  1908,  604.)  R.  L.  16. 
467  Ameuded,  1907,  208.  (See  1908,  195.)  R.  L.  75. 

471  ^  1  ia  part  repealed,  1904,  458  §§  6,  7.  R.  L.  6,  79. 

472  §  2  superseded,  1907,  286.  §  3;  see  1904,  451  §  3;  1906,  276; 

1908,  259.  R.  L.  157,  165. 

473  §  1  ameuded,  1905,  311  §  2  ;  1906,  412  §  8  ;  1907,  580  §  1  ;  1908, 

648  §  3.  §  2  ameuded,  1905,  311  §  3;  1907,  580  §  2.  §  4 
amended,  1905,  311  §  4;  1908,  648  §  5.  §  6  repealed,  1905, 
311  §  7.  §  8  revised,  1906,  412  §  1.  Affected,  1908,  263. 
(See  1905,  366  §  1.)  §  9  ameuded,  1905,  311  §  5;  1906,  412 
§  3;  1907,  203;  1908,  648  §  6.  (See  1908,  263,  467.)  §  12 
revised,  1907,  580  §  3;  1908,  642  §  1.  §  14  repealed,  1905, 
366  §  2.  (See  1906,  353;  1907,  408,  494.)  R.  L.  47,  52, 
54,  102. 

474  Repealed,  1907,  560  §  456.   (See  1904,293;  1905,  386;  1906, 

291,444.)  R.  L.  11. 

475  §  5;  see  1905,  472  §  3  ;  1907,  537  §  5  ;  1908,  389.  R.  L.  108. 

476  Superseded,  1906,  463  III  §§  43,  158.  R.  L.  112. 

478  Superseded,  1906,  463  I  §§  37,  68.  (See  1905,  408.)  R.  L.  111. 

480  §  1 ;  see  1905,  344.  R.  L.  75. 

481  Superseded,  1907,  356.     (See  1908,  604.)     R.  L.  16. 

484     §§  2,  3  revised,  1906,  434  §§1,2.     §  4  repealed,  1906,  434  §  3. 
R.  L.  6,  102. 

Statutes  of  1904 

41  Repealed,  1907,  560  §  456.  (See  1904,  179,  377.)  R.  L.  11. 

69  Superseded,  1906,  463  II  §§233,  258.  (See  1905,  208.)  R.  L.  111. 

87  §  1  ameuded,  1906,  126  §  1.  R.  L.  3. 

88  Superseded,  1908,  507.  R.  L.  4. 

96  Superseded,  1906,  463  I  §§  2,  68.  R.  L.  111. 

99  Amended,  1907,  464  §  2.   (See  1906,  322.)  R.  L.  14. 

108  See  1904,  117,  317,  443.  R.  L.  47. 

110  Superseded,  1906,  463  III  §§  80,  158.  R.  L.  112. 

116  §  1  amended,  1905,  81.   (See  1906,  239.)  R.  L.  91. 

118  See  1906,  239.  R.  L.  91. 

120  See  1908,  886.  R.  L.  212. 

125  See  1907,  196.  R.  L.  25. 

127  See  1904,  283.  R.  L.  102. 

142  Amended,  1907,  241.  R.  L.  102. 

152  §  1  amended,  1908,  290.  R.  L.  25. 

153  See  1908,  250  §  2.  R.  L.  27. 

169  Superseded,  1906,  463  II  §§  256,  258.  R.  L.  111. 
179  Repealed,  1907,  560  §  456.  (See  1904,  377;  1905,  386  §  13; 
1906,  444  §  1.)  R.  L.  11. 


Gen^ekal  Laws.  1033 

Chap. 

181  Amended,  1906,  271  §  11.     R.  L.  12. 

183  See  1904,  450,  460  §  4.     R.  L.  102. 

200  See  1908,  590  §§  9,  10,  69.     R.  L.  116. 

201  Superseded,  1907,  560  §§  261,  456.     R.  L.  11. 

207  Affected,  1905,  222.     R.  L.  109,  110. 

208  Superseded,  1908,  590  §  68.     R.  L.  113. 

209  See  1908,  474.     R.  L.  9. 

210  Superseded,  1908,  590  §  68.     (See  1906,  463  III  §§  150,  158.) 

R.  L.  112,  113. 

217  §  1  amended,  1907,  73  §  1  ;   1907,  236  §  1.     R.  L.  146. 

219  Amount  increased,  1908,  319.     R.  L.  164. 

220  Affected,  1906,  389.     R.  L.  46. 

224  In  part  superseded,  1906,  282  ;  1907,  251.     R.  L.  220,  223. 

226  §  1  superseded,  1905,  465  §   153.     (See  1906,  139;  1908,  604.) 

R.  L.  16. 

227  See  1907,  550.     R.  L.  104. 

231  §   1  superseded,   1905,  465  §  83.     §  3,  see  1905,  465  §  84.      (See 
1908,  604.)   R.  L.  16. 

240  Superseded,  1907,  576  §§  60,  122.     R.  L.  118. 

241  §  1  affected,  1905,  459.     R.  L.  225. 

243  See  1905,  258,  355  ;  1906,  243.     R.  L.  225. 

244  See  1908,  462.     R.  L.  47. 

245  Repealed.  1907,  560  §  456.   (See  1905,  318;  1906,  291,  444; 

1907,  387.)  R.  L.  11. 

248  See  1905,  211.  R.  L.  125. 

261  §  1  amended,  1906,  271  §  12.   (See  1904,  442;  1907,  58G.) 

R.  L.  12,  14. 

263  See  1905,  169.  R.  L.  6. 

265  Superseded,  1906,  463  I  §§  7,  68.     (See  1906,  266.)     R.  L.  111. 

267  Superseded,  1906,  463  III  §§  102,  158.     R,  L.  112. 

269  §  6  amended,  1905,  265  §  1.     R.  L.  91. 

274  §  1  amended,  1905,  348  §  1.     (See  1905,  344.)     R.  L.  30,  81. 

275  Superseded,  1907,  560  §§  121,456.     (See  1907,  429  §  5.)     R.  L.  11. 
278  See  1905,  475  §  2.     R.  L.  87. 

281  Increase,  1908,  374.     R.  L.  164. 

282  See  1907,  297;  1908,  270.     R.  L.  91. 

286  §  1   amended,  1907,  442  §  3.     §  2  amended,  1906,  265  §   1.     §  3 

affected,  1908,  328.     (See  1904,  455  §  1.)     R.  L.  164. 

287  Affected,  1907,  234.     R.  L.  165. 

293  Repealed,  1907,  560  §  456.     R.  L.  11. 

294  Superseded,  1907,  560  §§  19,456.      (See  1907,  429  §  3.)     R.L.  11. 

300  Superseded,  1907,  576  §§  43,  122.     R.  L.  118. 

301  §  1  aff'ected,  1905,  281  §§  1,  2.     R.  L.  91. 
304  Repealed,  1907,  576  §  122.     R.  L.  118. 

307  Superseded,  1906,  257  §  1.     R.  L.  176. 

308  Limited,  1906,  239  §  2.     R.  L.  91. 

310  Superseded,  1907,  560  §§  415,  422,  456.     R.L.  11. 

314  §  2  amended,  1905,  243.     (See  1906,  210  §  2.)     R.  L.  19,  106. 

317  See  1904,  443  §§  2,  6;   1905,  266,  390.     R.  L.  28,  48,  49. 


1034  Changes  in  the 

Chap. 

318  See  1908,  185,  568.  R.  L.  108. 

327  §  1 ;  see  1907,  136.  R.  L.  25. 

333  Affected,  1905,383;  1907,550.  R.  L.  104. 

334  Superseded,  1907,  560  §§  447,  456.  R.  L.  11. 

335  §  2  extended,  1907,  232  §  3.  R.  L.  72,  208. 
3o6  §  1  amended,  1905,  426  §  1.  R.  L.  101. 
344  §  2  revised,  1905.  144  §  1.  R.  L.  25. 

348  See  1905,  110;  1906,  187.  R.  L.  165. 

353  In  part  superseded,  1906,  291  §§  8,  10.  R.  L.  102,  108. 

356  See  1906,  413,  489,  501  ;  1907,  137,  158,  195.  R.  L.  46,  83,  212. 

357  Superseded,  1906,  463  I  §§  9,  10,  68.  R.  L.  111. 

361  §  1  superseded,  1905,  465  §§  90,  157;  468  §  1.  (See  1905,  468 
§  2;  1908,  604.)  R.  L.  16. 

363  §  1 ;  see  1905,  464.  R.  L.  225. 

364  Repealed,  1905,  417  §  2.  R.  L.  25,  91. 

366  Repealed,  1907,  161.   (See  1905,  406;  1906,  303;  1907,  166.) 

R.  L.  92. 

367  §  1  ;  see  1906,  179  §  2  ;  1907,  198,  299  ;  1908,  255.  R.  L.  91. 

368  See  1907,  550.  R.  L.  104. 

370  §§  1-4  revised,  and  new  sections  added,  1905,  280.     Amended, 

1908,  502.     R.  L.  32,  102. 

371  §   1  superseded,  1905,465  §   112.     (See  1905,  391;  1908,  604.) 

R.  L.  16. 

372  §  2  ;  see  1904,  453  §  1  ;  1906,  248.  R.  L.  160. 

373  Superseded,  1906,  463  II  §§  117-121,  158.  R.  L.  112. 

374  §  3  superseded,  1906,  204  §§  5-7.  (See  1908,  590  §  4.)  §  7 

superseded,  1908,  520  §§  8,  9.  (See  1905,  331  §  1  ;  1906,  204.) 
R.  L.  116. 

375  Superseded,  1907,  560  §§  326-329,  333,  456.  R.  L.  11. 
377  Repealed,  1905,  386  §  18.  (See  1907,  5G0.)  R.  L.  11. 

380  Repealed,  1907,  560  §  456.  R.  L.  U. 

381  §  1  amended,  1907,  43.  §  4  amended,  1908,  405.  §§  17,  18 

amended,  1907,  354  §§1,2.  R.  L.  79. 

382  See  1908,  389.  R.  L.  108. 

383  §  1  amended,  1905,  260  §  1.  R.  L.  40. 
386  §  1  superseded,  1906,  416  §  1.  R.  L.  128. 
388  See  1907,  66.  R.  L.  ^9. 

392  Affected,  1906,  204.  R.  L.  113,  114. 

395  See  1906,  225,  365  ;  1907,  183,  386  ;  1908,  598.  R.  L.  75,  84. 

396  In  part  superseded,  1906,  463  I  §  66,  III  §§  85,  158.  (See  1908, 

495.)  R.  L.  112,  209. 

397  See  1906,  284  §  2.  R.  L.  106. 

401  §  1  extended,  1905,  92  §  1.  §  2  affected,  1906,  59.  (See  1908, 

110  §  2.)  R.  L.  164. 
403  See  1906,  523  §  1.  R.  L.  12. 

409  §  1  amended,  1907,  473  §  1.  §  3  amended,  1905,  211  §  1.  §  6 

amended,  1907,  473  §  2.   Affected,  1907,  475  §§  1,  4,  8; 
1908,  209  §§  3,  4,  478.  R  L.  32,  89. 

410  Amended,  1908,  462  §  3.  R.  L.  9. 


General  Laws.  1035 

Chap. 

414  Repealed,  1908,  460.     R.  L.  89. 

421  Superseded,  1907,  563  §§  7,  26;  1908,  624.     R.  L.  15. 

427  Affected,  1906,  204;   1908,  590  §§  4-6.     R.  L.  113,  117. 

429  Superseded,  1906,  463  I  §§  3,  68.     R.  L.  111. 

430  Age  limit,  1906,  522;  1907,  451;  1908,  375.     (See  1908,389.) 

R.  L.  108. 

432  §  1  superseded,  1905,  213;  1907,  224.  (See  1906,  284.)  R.  L. 

106. 

433  §  1  in  part  repealed,  1905,  247  §  2,  461  §  2.     §  2  ;  see  1908,  389. 

R.  L.  108. 

439  Superseded,  1905,  465  §  14.  rSee  1908,  604.)  R.  L.  16. 

440  Superseded,  1907,  139  §  2.  R.  L.  6. 

441  Superseded,  1906,  463  III  §§  41,  158;  1907,  402.  R.  L.  112. 

442  §  2;  see  1907,  395;  1908,  220.   R.  L.  14. 

443  Extended,  1905,  390.   (See  1905,  266.)  R.  L.  25,  28,  48. 

446  §  1  amended,  1907,  226.  §  13  amended,  1905,  128.  R.  L.  83,  87. 

448  §  1  ;  see  1906,  50,  344.  §  3  ;  see  1905,  249  §  5,  288.  §  6 ;  see 
1905,  195.  §  9  amended,  1905,  286.  §  10  amended,  1905, 
249  §  1.  §  11  added,  1905,  291.  (See  1905,  249  §  4,  296.) 
R.  L.  128. 

450  §§  1,  3,  4  affected,  1906,  105  §  1  ;  1908,  335.   §  2  superseded, 

1905,  342  §  1.   (See  1904,  460  §  4;  1908,  385  §  2.)  §  4;  see 

1905,  176;  1908,  381.   §  7  repealed,  1905,  342  §  3.  §  8;  see 

1906,  105  §  2.  §  10;  see  1906,  105  §  4.  §15;  see  1905,  341 
§  1  ;  1907,  274  ;  1908,  385  §  2.  R.  L.  102. 

451  §  1,  cl.  C,  amended,  1905,  179.  CI.  I  amended,  1906,  290  §  1. 

§  3  in  part  superseded,  1905,  380;  1907,  145  §  2,  253.  (See 
1902,  499  §  1  ;  1906,  276  §  1  ;  1908,  259.)   R.  L.  20,  21,  165. 

453  Affected,  1905,  339.  §  1,  Cl.  B  and  C  amended,  1906,  165.  Cl. 

C  and  D  amended,  1908,  323.  Cl.  E  amended,  1906,  325  §  1. 
Cl.  F  amended,  1906,  325  §  2  ;  1907,  128  §  1.  Cl.  H  amended, 
1905,443  §  1;  1907,  128  §  2.  (See  1905,  133,  192.)  Cl.  I 
amended,  1905,  443  §  2  ;  1907,  128  §  3.  (See  1906,  351.)  §  2 
repealed,  1907,  128  §  4.  §  6;  see  1905,  339  §  2.  R.  L.  160. 

454  §  1  in  part  superseded,  1906,  449  §  1,  450  §  1.  R.  L.  160. 

455  §  1  amended,  1906,  265  §  1;  1907,  207  §  1,  442  §§  4,  5.   (See 

1908,  110  §  2.)  R.  L.  164. 

459  §  1  amended,  1905,  447  §  1.     R.  L.  87. 

460  §§1,2  affected,  1908,  333,  343.     §  4  superseded,  1908,  385  §  2. 

(See  1905,  341  §  1  ;  1907,  274  §  1  ;   1908,  335.)     §  5  amended, 

1907,  309.     (See  1907,  577  ;  1908,  126.)     R.  L.  98,  102. 

Statutes  of  1905 

73  Superseded,  1908,  477.      (See  1906,  482  §  1.)     R.  L.  92. 

80  Superseded,  1906,  463  III  §§  4,  5,  158.     R.  L.  112. 

81  See  1906,  239.     R.  L.  91. 
92  See  1906,  59.     R.  L.  164. 

110     Superseded,  1906,  187.     (See  1906,  180.)     R.  L.  165. 


1036  ClIAXGES    IN   THE 

Chap. 

Ill  Superseded,  1907,  5G0  §§  247,  456.  R.  L.  11. 

122  See  1908,  441.  R.  L.  92. 

127  §  1  amended,  1907,  1(J9  §  3.  (See  1908,  116.)  R.  L.  145. 

134  Repealed,  1900,  4G3  III  §§  86,  158.  R.  L.  112. 

149  Superseded,  1907,  139  §  2,  276.  R.  L.  6. 

150  See  1907,  458.  R.  L.  19. 

154  Amended,  1908,  342.     R.  L.  10. 

155  In  part  superseded,  1907,  401.     R.  L.  89. 
157  §  3  superseded,  1906,  460  §  2.     R.  L.  7. 

159  Superseded,  1907,  474  §§  1,  15.     R.  L.  87,  89. 

163  Amount  increased,  1908,  349.     R.  L.  21. 

175  See  1905,  211  §  1,  400;   1906,  508;  1908,  195.     R.  L    87. 

176  Extended,  1905,  437.     Superseded,  1908,  566.     R.  L.  104. 
191  Superseded,  1907,  576  §§  102,  122.     R.  L.  118. 

202  Repealed  and  superseded,  1908,  317,  604  §  174.     (See  1905,  465  § 

157.)     R.  L.  16. 

204  Superseded,  1907,  571  §  1.      (See  1908,  208.)     R.  L.  65. 

208  Superseded,  1906,  463  II  §§  234,  258.     R.  L.  HI. 

210  Superseded,  1906,  463  II  §§  233,  258.     R.  L.  111. 

211  §§  1,  6  e/^  seq.;  see  1906,  235  §  1.     §  3  superseded,  1907,  139  §  1. 

(See  1908,  195,  414.)     §  4  amended,  1908,  630.     §  5  ;  see  1908, 

597  §§  4,  5.     R.  L.  6,  75. 

213  §  1  amended,  1907,  224  §  1.     (See  1905,  267  §  2.)     R.  L.  106. 

216  §  1  superseded,  1906,  275  §  1.     R.  L.  125. 

218  §  2  amended,  1907,  359.     R.  L.  10. 

231  See  1908,  547.     R.  L.  224. 

236  §  1  amended,  1906,  305  §  1.     R.  L.  75. 

238  Affected,  1907,  537  §  5.     R.  L.  106. 

242  See  1906,  269,  372.     R.  L.  126,  167. 

243  §  1;   see  1906,  210  §  2.     R.  L.  19,  108. 
247  See  1905,  461.     R.  L.  108. 

249  See  1905,  288;   1906,  50,  344.     R.  L.  128. 

250  Superseded,  1908,  590  §  68.      R.  L.  113. 

251  §§  1,  2  amended,  1907,  480  §  1.     R.  L.  75. 

267  Affected,  1906,  284,  499.      (See  1907,  224.)     R.  L.  106. 

273  See  1906,  274,  301.     R.  L.  92. 

279  §   1  revised,   1908,  297  §  1.     §  3  amended,  1908,  297  §  2.     (See 

1908,  296  §  4.)     R.  L.  47,  53. 

280  Amended,  1908,  502.     R.  L.  102. 
282  Superseded,  1908,  629.    R.  L.  87. 

287  Superseded,  1907,  576  §§  11,  122.     R.  L.  118. 

289  §  1  amended,  1908,  294  §  2.     R.  L.  76. 

295  Amended,  1906,  329;   1907,  261.     R.  L.  217. 

298  §§   1,  2  superseded,   1905,  465  §   120;    1906,  469  §   1,  504  §   9  ; 
1907,  526  §  11.      (See  1908,  604.)     R.  L.  16. 

307  Repealed,  1907,563  §  26.    Re-enacted,  1908,  104  §  1.     (See  1905, 

338;   1906,  501.)     R.  L.  212,  220. 

308  Affected,  1906,  390.     Amended,  1908,  605  §§    7,  8.     R.  L.  102, 

189. 


General  Laws.  1037 

Chap. 

310  §  2  superseded,  1907,  373  §  2.   (See  1906,  387,  414  ;  1907,  465  ; 

1908,  563.)   R.  L.  102,  105. 

311  §  1  repeal  and  substitute,  1908,  648  §§  1,  9.   §  2  amended,  190(3, 

412  §  8;  1907,  580  §  2  ;  1908,  648  §  3.  §  4  amended,  1908, 
648  §  5.  §  5  amended,  1906,  412  §  3  ;  1908,  648  §  6.  §  6 
amended,  1906,  412  §  5 ;  1907,408.   (See  1905,366;  1906, 
353.)  R.  L.  47,  102. 
313  Superseded,  1907,  560  §§  226,  227,  456.  R.  L.  11. 

317  §  1  amended,  1908,  402  §  1.  §  2  amended,  1908,  402  §  2.   (See 

1907,  198.)  R.  L.  92. 

318  Superseded,    1907,   560  §§    73,   418.      (See   1906,    291   §  18,  444 

§  12;   1907,  387.)     R.  L.  11. 
320     §  1  amended,  1906,  383.     R.  L.  44. 

325  §  3  affected,  1908,  226.     R.  L.  13. 

326  Affected,  1906,  224.     R.  L.  144. 

330  §  2  amended,  1908,  269.     R.  L.  87,  175. 

331  Superseded,  1908,  520  §§  8,  9.     R.  L.  116. 

332  Superseded,  1907,  231.     R.  L.  21. 

338     Affected,  1906,  501  §  3.      (See  1908,  104.)     R.  L.  220. 

341  Superseded,  1908,  385  §  2.      (See  1907,  274  ;   1908,  335.)     R.  L. 

102. 

342  §  1  amended,  1906,  105  §  1  ;   1908,  335.     R.  L.  104. 
344     See  1905,  348.     R.  L.  30,  81. 

355     See  1906,  243,  302;    1908,  230.     R.  L.  223,  225. 

366  §   1   amended,   1906,  412    §    9;    1908,   467.     Affected,  1908,  263. 

(See  1906,  353.)     R.  L.  25,  47,  52. 

367  In  part  repealed,  1907,  563  §§  6,  26.  (See  1908,  624.)  R.  L.  15. 

369  §  1  amended,  1908,  434.   (See  1907,  466;  1908,  178.)  R.  L.  6. 

370  §  1  ;  see  1907,  340  §  2  ;  1908,  590  §  57.  §  2  amended,  1908,  288. 

R.  L.  201. 

376  Superseded,  1906,  463  III  §§  74,  158.      (See  1906,  339.)     R.  L. 

112. 

377  Superseded,  1906,  345.  R.  L.  65. 

380  See  1908,  259.  R.  L.  165. 

381  Affected,  1907,  521.  §  3  amended,  1906,  268  §  1  ;  1908,  591  §  1. 

§  4  revised,  1906,  268  §  2  ;  1907,  521  §  1.  §  5  amended,  1906, 
268  §  3;  1907,  521  §  2.  §  6  amended,  1906,  268  §  4 ;  1908, 
591  §  2.  §  7  amended,  1906,  268  §  5;  1907,  521  §  3.  §  11 
amended,  1906,  268  §  6.  §  12  amended,  1907,  521  §  4.  R.  L. 
75,  101. 

383  See  1907,  550.  R.  L.  104. 

386  Repealed,  1907,  560  §  456.  (See  1905,  397  ;  1906,  298.)  R.  L.  11. 

391  §  1  superseded,  1905,  465  §  112.   (See  1908,  604.)  R.  L.  16. 

397  Repealed,  1907,  560  §  456.   (See  1906,  444.)  R.  L.  11. 

400  See  1906,  316.  R.  L.  87. 

401  Superseded,  1907,  576  §§  32,  122.     R.  L.  118. 

406  Superseded,  1908,  441.      (See  1906,  303;   1907,  161.)      R.  L.  92. 

407  Affected,  1908,  417.     R.  L.  91. 

408  Superseded,  1906,  463  I  §§  32,  36,  37.     R.  L.  111. 


1038  Changes  ix  the 

Chap. 

410  §  4  amended,  1906,  411  §  1  ;  1908,  486.  R.  L.  34. 

413  See  1907,  335.  R.  L.  217. 

414  Ameuded,  1907,  99.     R.  L.  92. 

418  See  1908,  187  §  2.     R.  L.  102. 

419  Superseded,  1907,  307;  1908,  377.     R.  L.  92. 

428     Affected,  1908,  493.     §  1  superseded,  1907,  377  §  1.     (See  1906, 

408  §  1.)     §  2  amended,  1906,  408  §  2.     §  5  revised,  1907,  377 

§7.      (See  1906,408  §3.)     R.  L.  70,  109,  11 1. 
437     Superseded,  1908,  566.     R.  L.  104. 
443     §  1  amended,  1907,  128  §  2.     §  2  amended,  1907,  128  §  3.     R.  L. 

160. 
445     Superseded,  1908,  330.      (See  1907,  300.)     R.  L.  92. 
459     See  1906,  293.     R.  L.    225. 
465     Repealed,  1908,  604  §  209  and  revised  by  1908,  604.     (See  1906, 

198,  212,  273,  373,  423,  469,  504  ;  1907,  232  §  4,  305,  356,  526  ; 

1908,  315,  317,  344,  354,  371,  434  ; 
468     See  1908,  604  §  174.     R.  L.  16. 
470     Superseded,  1907,  563  §§  1,  26.      (See  1906,  436  §   1  ;   1907,  452  ; 

1908,  624.)     R.  L.  15. 
472     §  1;  see  1906,  387;  1907,  465  §§  1,  14.     §  2 ;  see  1907,  465  §§  10, 

11,  19.     §  3;  see  1907,  465  §  28,  537  §  5;   1908,  389,  563.     R. 

L.  105,  108. 
475     §   1  amended,  1906,  471  §  1.     R.  L.  87. 

Statutes  of  1906 

50     §  1  ;  see  1906,  344.     R.  L.  128. 

66  §  1  affected,  1906,  204  §  3,  347;   1908,  590  §  9.     R.  L.   113,  115, 

116. 

67  See  1907,  225.     R.  L.  22. 

73  §  1  amended,  1907,  236  §  1.  R.  L.  146. 

76  Superseded,  1907,  560  §§  348,  456.  R.  L.  11. 

105  §  1 ;  see  1908,  335.  R.  L.  104. 

107  Superseded,  1907,  355.  R.  L.  102. 

116  §  3  amended,  1908,  435  §  1.  §  4  repealed,  1908,  435  §  2.  R.  L. 

56,  213. 

120  Amended,  1908,  525  §  1.   (See  1906,  281.)  R.  L.  76,  150. 

159  Amended,  1907,  344.  R.  L.  19. 

165  §  1  superseded,  1908,  150.   (See  1907,  410  §  1.)   §  2  amended, 
1907,  410  §  2.  R.  L.  75,  213. 

172  §  2  amended,  1908,  350  §  1,  583.  R.  L.  211,  214. 

173  §  2  amended,  1908,  350,  583.  R.  L.  211,  214. 
179  Repealed,  1908,  488  §  3.  R.  L.  91. 

185  See  1907,  363;  1908,  133.  R.  L.  212. 

190  Amended,  1906,  291  §  4.   (See  1906,  384.)  R.  L.  102. 

195  Repeal  and  substitute,  1908,  348.  R.  L.  160. 

198  Superseded,  1908,  604  §  170.   (See  1907,  232  §  4  ;  1908,  354.. 

R.  L.  16. 
200  §  1  amended,  1908,  427.  R.  L.  42. 


General  Laws.  1039 

Chap. 

204  Repealed,  1908,  590  §  69.  (See  1906,  347,  377;  1908,  414,  520 

§§  10-13.)  R.  L.  113,  115. 

210  §  1  amended,  1907,  272.  R.  L.  19,  108. 

212  Superseded,  1908,  604  §§  95-97.  (See  1906,  504  §  6 ;  1907,  305 

§  2.)  R.  L.  16. 

215  See  1907,  394.  R.  L.  62. 

218  See  1906,  463  III  §  60.  R.  L.  34. 

223  See  1907,  490  §  1.  R.  L.  197. 

225  Superseded,  1906,  365  §  1.  (See  1907,  183,  386.)  R.  L.  75. 

235  See  1908,  195.  R.  L.  6. 

239  See  1908,  492.  R.  L.  91. 

243  See  1906,  302.  R.  L.  225. 

250  Affected,  1907,  537  §  5.  R.  L.  106. 

266  Superseded,  1906,  463  I  §  7,  III  §  158.  Extended,  1908,  599. 

R.  L.  111. 

267  Superseded,  1906,  463  I  §  6,  III  §  158.  R.  L.  111. 

268  §  2  superseded,  1907,  521  §  1.  §  3  amended,  1907,  521  §  2  :  1908, 

591  §  1.  §  4  amended,  1908,  591  §  2.  §  5  amended,  1907,  521 

§  3.  R.  L.  25,  26,  101. 
271  §  1,  in  part  repealed,  1908,  468.  (See  1908,  314,  387  §  2.)  §  3 

amended,  1907,  246.   §  7  repealed,  1907,  576  §  122.  R.  L. 

118.  §  9  in  part  superseded,  1906,  463  II  §§  112,  114,  258. 

§  74,  see  1908,  614,   (See  1906,  516  §  21  ;  1907,  586.)  R.  L. 

14,  111. 
273  Superseded,  1908,  604  §  20.  R.  L.  16. 
276  See  1908,  259.  R.  L.  165. 

281  See  1907,  140,  190,  308.  R.  L.  76,  100, 

282  §  1  superseded,  1907,  251  §  1.     R.  L.  225. 

283  Superseded,  1906,  463  II  §§  169,  258.     R,  L.  HI. 

284  §  2  ;  see  1907,  224.     R.  L.  106. 
288     See  1907,  297.     R.  L.  91. 

291  §  4  amended,  1907,  214.  (See  1906,  384.)  §  18  amended,  1907, 
387.      (See  1906,  444  §  12.)     R.  L.  11,  100,-  102. 

296  §  2  affected,  1908,  462  §  4,  481  §  1.  §  3  superseded,  1907,  79. 
(See  1908,  481  §  1.)     R.  L.  9,  107. 

298     Superseded,  1907,  560  §§  352,  456.     R;  L.  11. 

302  See  1908,  230.     R.  L.  225. 

303  Superseded,  1908,  441.     R.  L.  92. 

309  Superseded,  1907,  4.S9.     (See  1906,  508.)     R.  L.  87. 

311  Superseded,  1907,  560  §§  311,  456.     R.  L.  11. 

315  Aft'ected,  1906,  481.     §  1  superseded,  1907,  367.     R.  L.  12. 

322  Superseded,  1907,  564  §  2.     R.  L.  14. 

325  §  2  amended,  1907,  128  §  1.     R.  L.  160. 

329  Amended,  1907,  261.  ■  R.  L.  217. 

339  Superseded,  1906,  463  III  §§  76,  158.     R,  L.  112. 

341  See  1908,  598.     R.  L.  84. 

342  §  3  affected,  1908,  177.      (See  1908,  516.)      R.  L.  173. 
347  See  1008,  590  §§  4-17.     R.  L.  115. 

352     Amended,  1907,  432.     R.  L.  87. 


10-iO  Changes  ix  the 

Chap. 

353  See  1906,  412;  1907,  494,  580;  1908,  263,  648.  R.  L.  53,  54, 

102. 

365  §  1  amended,  1907,  445.   (See  1907,  183,  386,  474.)  R.  L.  75. 

370  See  1908,  380,  457.  R.  L.  106. 

371  §  1  amended,  1907,  215.     R.  L.  44. 
373  Superseded,  1908,  604  §  103.     R.  L.  16. 

377     Repealed,  1908,  590  §  69.      (See  1907,  533.)     R.  L.  113,  115.    , 

385  Amended,  §  9  added,  1907,  173.     R.  L.  83,  84. 

386  §§   1,  2  superseded,   1907,  259  §§  1,  3.     §§   3-6,  see  1907,  259 

§  2;   1908,  307.     R.  L.  75,  76. 

387  See  1906,  521,  522;  1907,  373,  465;  1908,  563.  R.  L.  105. 

389  See  1906,  413,  489.  R.  L.  46,  86. 

390  Amended,  1908,  605  §§  7,  8.  R.  L.  102,  189. 
392  See  1908,  529  §  4,  524.  R.  L.  110,  121. 

396  Superseded,  1907,  576  §§  32,  122.  R.  L.  118. 

399  §  1  amended,  1907,  213.  R.  L.  39,  42. 

403  See  1907,  494.  R.  L.  212. 

408  Affected,  1908,  493.     §  1  revised,  1907,  377  §  1.     R.  L.  70,  111. 

411  Affected,  1908,  486.     R.  L.  34. 

412  §   3  amended,    1908,   648    §   6.      (See    1907,  203;    1908,    263.) 

§  4  amended,  1908,  648  §  7.  §  5  amended,  1907,  408.  §  8 
amended,  1907,  580  §  1  ;  1908,  648  §  3.  (See  1907,  494.) 
§  9  amended,  1908,  467;  affected  1908,  263.  R.  L.  25,  54, 
102. 

413  In  part  superseded,   1906,  489   §  4.     Affected,   1907,  137,  158, 

195;  1908,286.  §  8 ;  see  1907,  223,  362,  411  §  14  ;  see  1908, 
405  §§  2,  3,  6,  637.     R.  L.  40,  160,  204,  217. 

414  Superseded,  1907,  373  §  2.     (See  1906,  522.)     R.  L.  102,  105. 
417     See  1906,  463  I  §§  2,  69.     R.L.  111. 

421  §  4  amended,  1907,  517  §  2.     R.  L.  100. 

423  Superseded,  1908,  604  §§  92-95.     (See  1907,  526  §  1.)     R.  L.  16. 

425  §  1  amended,  1907,  364.     R.  L.  75. 

427  Amended,  1907,  193;   1908,  650.     R.  L.  106. 

435  Affected,  1908,  306,  462  §  5.     §§    2-6  amended,  1908,  485  §§ 

1-5.     §  8  superseded,  1907,  135.     R.  L.  107. 

436  Superseded,   1907,  563  §§   1,  26.     (See  1907,  452  ;   1908,624.) 

R.  L.  15. 

437  Repealed,  1908,  534  §  2.     R.  L.  110,  121. 

444     Repealed,  1907,  560  §  456.      (See  1907,  429.)      R.  L.  11. 

451     Amended,  1907,  176  §  1.     R.  L.  173. 

463  I  §  1  affected,  1907,425.  §  5  ;  see  1908,  552  §  1.  §  6 ;  see  1908, 
495.  §  7  extended,  1908,  599.  §  23  amended,  1908,  542  §  1. 
§§  23-28,  see  1908,  266  §  5,  372  §  1,  552.  §  25  amended,  1908, 
542  §  2.  §§  29,  36  affected,  1908,  372  §  2.  §  37  amended, 
1908,  390  §  1.  §  39  amended,  1908,  390  §  2.  §  58;  see 
1908,  552.     §  63  amended,   1907,  392  §  1.      (See  1907,428 


General  Laws.  1041 


Chap. 


§  4.)  §  65  ;  see  1908,  636  §§  1,  3.  §  67  ameucled,  1907,  585 
§  7.  §68;  see  1906,  463  II  §§  22,  45-58,  60,  147,  155, 
156,  173-176,  516  §  12;  1907,  428.  II  §§  48,  57,  65,  66; 
see  1908,  620,  636.     §  116  amended,  1907,  315.       §  148;   see 

1907,  377,  431   §  3.      §  167  amended,  908,  553.      §  180;    see 

1908,  495.  §  181;  see  1907,  287;  1908,  504.  §  183,  re- 
peal and  substitute,  1908,  649.  §  209  amended,  1907,  585 
§  8.      §§  211-216;  see  1907,  395;   1908,  220.       §  247;  see 

1907,  431.  Ill  §  7;  see  1908,  266.  §  41  superseded,  1907, 
402.  (See  1902,  288;  1908,  278.)  §§  46,  64,  65;  see  1908, 
266,  301.  §  68;  see  1907,  574  §  6.  §77;  see  1908,  266 
§  79.  (See  1908,  552.)  §  99  superseded,  1908,  530.  (See 
1906,  479.)  §§  103,  107;  see  1908,  636.  §  108;  see  1908, 
620.  §  125;  see  1907,  395.  §§  125-130;  see  1908,  220, 
615.  §  137  amended,  1907,  318.  (See  1906,  516  §  11  ;  1907, 
428,  585.)  §§  147-150,  repeal  and  substitute,  1908,  590 
§§  Q8,  69.     R.  L.  Ill,  112. 

468  See  1908,  418.     R.  L.  160. 

469  Superseded,  1908,  604  §   140.      (See  1906,  504  §   9  ;    1907,  526 

§  11.)      R.  L.  16. 
476     See  1907,  186.     R.  L.  25,  26. 
479     Superseded,  1908,  530.     R.  L.  112. 
482     Repealed,  1908,  477.     R.  L.  92. 
489     Affected,   1907,   137,   195;   1908,   637.      §3  affected,  1908,458. 

§  4  affected,   1907,  411.      §  7   affected,  1908,  286.     R.  L.  46, 

160. 
494     §  1  amended,  1907,  170  §  1.     R.  L.  7. 

501  §  3j  see  1908,  104.     R.  L.  212,  220. 

502  §  6  amended,  1908,  189.     §  7  repealed,  1908,  412.     R.  L.  39,  42. 

503  See  1907,  314.     R.  L.  76. 

504  Superseded,  1908,  604.   (See  1907,  305  §  7,  526  §§  7-14;  1908, 

195,  315,  371,  469.)   R.  L.  16. 

505  See  1908,  572.  R.  L.  42,  86. 

508     Name  changed,  1907,  421.     §  17  affected,  1908,  629.     (See  1907, 
489.)      R.  L.  87. 

516  Extended,    1907,556   §    1.     §    6  amended,   1907,428   §   1.     §  7 

amended,  1907,  428  §  2  ;  1908,  450.  §  12  amended,  1907, 
428  §  3.  §  13  amended,  1907,  428  §  4.  §  20  ;  see  1908,  614. 
§  28  (new)  added,  1907,  448.     R.  L.  14,  111,  112. 

517  §  1  amended,  1907,  269  §  1,  570.     §   2  amended,  1907,  269  §  2. 

§  4  amended,  1907,  269  §  3.      (See  1908,  547.)      R.  L.  106. 

521  §  1  ;  see  1907,  465  §  4.     §§  2,  3  superseded,  1907,  465  §§  16,  28. 

(See  1908,  563.)     R.  L.  105. 

522  §  1  affected,   1907,  451,  465  §  25;   1908,  375.      (See  1907,  482; 

1908,  563.)     R.  L.  105,  108. 


1042  Chaxges  tx  the 


cbap.  Statutes  of  1907 

54  §§  1,  2  superseded,  1908,  536  §§  1,  2.     R.  L.  58,  121. 

79  §  1  affected,  1908,  481  §  1.      (See  1908,  462.)      R.  L.  107. 

117  §  1  fimeuded,  1908,  142  §  1.     §  2  amended,  1908,  142  §  2.     R.  L. 

25,  26. 

118  See  1907,  250;   1908,  484.     R.  L.  92. 
133  §  1;  see  1907,  312.     R.  L.  165. 

135  §  1  revised,  1908,  485  §  5.     R.  L.  106,  107. 

137  See  1907,  158,  195.     R.  L.  46,  160. 

139  Construed,  1908,638.     §   1;    see    1908,  414,  597  §§   1,  5.     §  2 

amended,  1907,  276.     R.  L.  6. 

140  See  1907,  190,  308.     R.  L.  76,  100. 
164  Affected,  1907,  537  §  5.     R.  L.  106. 
166  Amended,  1908,  284,  413.     R.  L.  92. 
169  §  3;  see  1908,  116.     R.  L.  145. 

177  Amended,  1908,  356.     R.  L.  49. 

180  See  1908,  307.     R.  L.  75. 

181  See  1908,  387  §  2.     R.  L.  12. 
183  See  1907,  386,  445.     R.  L.  75. 
190  See  1907,  308.     R.  L.  100. 

193  Amended,  1908,  650.     R.  L.  106. 

195  §  1;  see  1908,  286.     R.  L.  40,  160. 

198  See  1907,  299;  1908,  255,  484.  R.  L.  91. 

203  See  1907,  408,  494,  580;  1908,  263,  467,  648.  R.  L.  52,  54, 

102. 

208  See  1908,  195.  R.  L.  75. 

211  See  1907,  500  §§  2,  3.  R.  L.  102. 

216  See  1908,  643.  R.  L.  56. 

228  §  1  ;  see  1908,  237  §  6;  R.  L.  57. 

232  §  4  superseded,  1908,  604  §  170.  R.  L.  16. 

240  §  1  amended,  1908,  182.  R.  L.  102. 

243  See  1908,  411  §  1.  R.  L.  56. 

250  §  1  ;  see  1908,  484.  R.  L.  92. 

269  §  1  amended,  1907,  570.  R.  L.  106. 

271  See  1908,  555,  598.  R.  L.  84. 

274  Superseded,  1908,  385  §  2.  R.  L.  102,  313. 

276  See  1908,  469,  597.  R.  L.  6. 

282  §  1  amended,  1908,  180.  R.  L.  109,  110. 

283  In  part  superseded,  1907,  534  §  3.  R.  L.  62. 
287  Amended,  1908,  504.  R.  L.  111. 

289  vSee  1908,  459.  R.  L.  9. 

294  Superseded,  1908,  149.  R.  L.  127. 

295  See  1907,  357.  R.  L.  42. 
297  See  1908,  270.  R.  L.  91. 

299  See  1908,  255.  R.  L.  91. 

300  Superseded,  1908,  330.     R.  L.  92. 


General  Laws.  lOttS 

Chap. 

303  See  1908,  330.     R.  L.  91. 

305  Superseded,  1908,  604  §§  30,  95.     R.  L.  16. 

307  Superseded,  1908,  377.     R.  L.  92. 

309  See  1908,  335.     R.  L.  102. 

319  §  1  revised,  1908,  520  §  14.     R.  L.  116. 

320  §  1  ameuded,  1908,  520  §  13.     R.  L.  116. 

329  §  1  ameuded,  1908,  193.     R.  L.  12. 

330  Superseded,  1907,  560  §§  HI,  456.     R.  L.  11. 

340  Repeal  aud  substitute,  1908,  590  §§  56,  57,  69.      (See  1907,  417.) 

R.  L.  113. 

356  Superseded,   1908,   604  §§  26,  27.      (See  1908,  434  §  1.)      R.  L. 

12. 

363  See  1908,  133.     R.  L.  212. 

373  See  1907,  465;   1908,  563.     R.  L.  105. 

377  Affected,  1908,  493.     R.  L.  70,  109,  111. 

378  §  1  ameuded,    1908,  299    §   1.       §   2  ameuded,   1908,   299    §   2. 

R.  L.  13,  50. 

386  See  1907,  445.     R.  L.  75. 

402  See  1908,  278.     R.  L.  112. 

408  See  1907,  494,  580;   1908,  648  §  3.     R.  L.  52,  54,  102. 

410  §  1  superseded,  1908,  150.     R.  L.  213. 

411  See  1908,  286,  465,  637.     R.  L.  46,  160. 

413  lu  part  superseded,  1907,  537  §  5.     R.  L.  106. 

428  §  2  amended,  1908,  450.     R.  L.  112. 

429  Repealed,  1907,  560  §  456.     R.  L.  11. 
433  See  1908,  324.     R.  L.  28. 

442  §§  1,  2  ameuded,  1908,  541  §§  1,  2.     R.  L.  164. 

451  Affected,  1908,  375.     R.  L.  108. 

452  Affected,  1907,  563  §  11  ;   1908,  624.     R.  L.  15. 
463  See  1908,  335,  494.     R.  L.  102,  104. 

465  §  1  amended,  1908,  563  §  1.     §  18  amended,  1908,  563  §  2.      §  25  ; 

see  1907,  482;   1908,  479.     R.  L.  105,  108. 

466  §  1  superseded,  1908,  178.      (See  1908,  469.)     R.  L.  6,  85,  223. 
468  Superseded,  1907,  560  §§  6,  456.     R.  L.  11. 

473  See  1908,  209  §§  3,  4;  478.     R.  L.  28,  89. 

474  §  5  amended,  1908,  532  §  1.     §  7  revised,   1908,  532  §  2.      (See 

1908,  533.)     R.  L.  88. 

482  See  1908,  479.     R.  L.  108. 

490  See  1907,  582  §  34.     R.  L.  69. 

494  See  1907,  580;   1908,  648.     R.  L.  52,  54,  102. 

499  Repealed,  1908,  487  §  3.     R.  L.  104. 

520  See  1907,  555;   1908,  303.     R.  L.  6. 

526  Superseded,  1908,  604  §§  12,  127-140.     R.  L.  16. 

533  Affected,  1908,  590  §  16.     R.  L.  113. 

534  §  2;  see  1908,  195,  469.     R.  L.  62. 

537  §§  3-5  ;   see  1908,  325  §  3,  329.     R,  L.  75,  213. 

539  §  2  amended,  1908,  316.     R.  L.  109,  110,  214. 


10J:4  Changes  ix  the 

Chap. 

543  See  1907,  500  §  166.     R.  L.  11. 

549  See  1907,  553.     R.  L.  141. 

550  §  111  amended,  1908,  336.  R.  L.  104. 
555  See  1908,  303.  R.  L.  6. 

560  §  5;  see  1907,581.  §§  70,  71  affected,  1908,  480.  §  82  re- 

pealed, 1908,  83.  §§  89-93;  see  1908,  518.  §  93  aineuded, 
1908,  428.  §§  119-126;  see  1908,  85.  §  133  amended, 
1908,  423  §  1.  §  151  amended,  1908,  423  §  2.  §  175 
amended,  1908,  425.  §  241  revised,  1908,  461.  §  307 
amended,  1908,  391.  §  319  extended,  1908,  85.  §  319 
et  seq.-;  see  1908,  518.  §§  362,  367,  374,  386;  see  1907,  579, 
§  417  et  seq.;   see  1907,  581 ;  1908,  345.  R.  L.  11. 

561  §  11  amended,  1908,  222.   (See  1907,  576;  1908,  590  §  36.) 

R.  L.  113,  118. 

563  Affected,  1908,  550.     §   14  amended,   1908,  268.     §  26  in  part 

repealed,  1908,  104  §  2.      (See  1908,  624.)      R.  L.  14,  15. 

564  See  1907,  586.     R.  L.  14. 

571      §  1;   see  1908,  208.     R.  L.  65. 

576  §  4;   see  1908,  195,  469.     §   11  ;   see  1908,  151.     §  26  amended, 

1908,  473.  §  32  amended,  1908,  248,  509,  543,  Affected, 
1908,511.  CI.  2;  see  1908,  511  §  3.  CI.  5  affected,  1908, 
646.  §  33;  see  1908,  163.  §  34  amended,  1908,  81.  §  44 
amended,  1908,  471.  §  47  revised,  1908,  482.  §  80  amended, 
1908,  166.  §§  80,  81;  see  1908,  436.  §  88  amended,  1908, 
165.  §  93  amended,  1908,  170.  §  116  amended,  1908,  162. 
R.  L.  118. 

577  §  2;  see  1908,  126,  273,  333,  343,  385.      R.  L.  98. 

580  §  1  amended,  1908,  648  §  3.      §  3  revised,  1908,  642  §  1.     R.  L. 
47,  54,  102. 

581  See  1908,  483.     R.  L.  11,  214. 

586     §  1  cl.  3  amended,  1908,  194.      §  8  added,  1908,  615.     R.  L.  14. 

Statutes  of  1908 

85  See  1908,  518.     R.  L.  11. 

116  Amended,  1908,  505.     R.  L.  116,  145. 

126  Amended,  1908,  273.      (See  1908.  333,  343,  385.)      R.  L.  98. 

177  See  1908,  516.     R.  L.  173. 

178  See  1908,  469.     R.  L.  6. 

194  Amended,  1908,  615.     R.  L.  14. 

219  Repealed,  1908,  382  §  2.     R.  L.  110. 

238  See  1908,  525  §  3.     R.  L.  75,  76. 

248  Amended,  1908,  509.      (See  1908,  511.)      R.  L.  118. 

268  See  1908,  550.     R.  L.  14,  15,  164. 

273  See  1908,  333,  343,  385.     R.  L.  98. 

296  See  1908,  297.     R.  L.  47. 

306  See  1908,  462  §  5.     R.  L.  106. 


Ge:st:kal  Laws.  104:5 

Chap. 

314  Amended,  1908,  387  §  2.     R.  L.  12,  14. 

315  Superseded,  1908,  604  §  90.     R.  L.  16. 
317  Superseded,  1908,  604  §  174.     R.  L.  16. 
329  See  1908,  411.     R.  L.  56. 

333  See  1908,  343,  385.     R.  L.  98. 

335  See  1908,  381.     R.  L.  102. 

343  See  1908,  385.     R.  L.  98. 

344  Superseded,  1908,  604  §  16.  R.  L.  16. 
350  §  2  ameuded,  1908,  583.  R.  L.  211,  214. 
354  Superseded,  1908,  604  §  170.  R.  L.  16. 

371  Superseded,  1908,  604  §  174.  R.  L.  16. 

372  See  1908,  542.  R.  L.  111. 
420  See  1908,  553.  R.  L.  106. 

462  §  5;  see  1908,  481,  485.  R.  L.  107. 

464  §  1  amended,  1908,  594.  R.  L.  12. 

465  See  1908,  637.  R.  L.  217. 
496  See  1908,  508.  R.  L.  5. 

509  Ameuded,  1908,  543.   (See  1908,  51 1.)   R.  L.  118. 

510  §  2  ameuded,  1908,  621.  R.  L.  138. 


Qlommflttm^altli  of  ilaHHarljuaftta. 


Office  of  the  Secretary,  Boston,  September  4,  1908. 

I  certify  that  the  acts  and  resolves  contained  in  this  volume  are 
true  copies  of  the  originals,  and  that  the  accompanying  papers  are 
transcripts  of  official  records  and  returns. 

I  further  certify  that  the  ta})le  of  changes  in  general  laws  has 
been  prepared,  and  is  printed  as  an  appendix  to  this  edition  of  the 
laws,  by  direction  of  the  governor,  in  accordance  with  the  provisions 
of  section  1  of  chapter  9  of  the  Revised  Laws. 

AYILLIAM   M.    OLIN, 

Secretary  of  the  Commonwealth. 


INDEX 


INDEX. 


A. 


Abatement,  of  unpaid  taxes  of  domestic  corporations,  relative  to  .  .162 

of  certain  taxes  on  legacies  and  successions,  to  authorize  .  .       744 

Abolition  of  grade  crossings,  relative  to  proceedings  in  ...  .       321 

to  define  the  powers  and  duties  of  auditors  in  proceedings  for      .  .       336 

Abraham  Lincoln,  to  provide  for  commemorating  the  one  hundredth  anni- 
versary of  the  birth  of      .......  . 

Academy: 

Bridgewater,  relative  to  the  conveyance  of  the  property  of,  to  the  town 
of  Bridgewater         ........ 

Dummer,  Trustees  of,  may  borrow  money  for  certain  purposes    . 
Accident  insurance  companies,  may  insure  against  the  breakage  of  plate  glass 
Accidents,  notices  to  be  given  in  cases  of,  law  relative  to,  amended  . 
Actions,  under  the  employers'  liability  law,  relative  to  bringing    . 
Acts  and  resolves,  of  the  general  court,  distribution  of  .  .  . 

Address,  inaugural,  of  the  governor  ....... 

Adjutant  general,  appropriations  for  salaries  and  expenses  in  the  department  of 

preservation  of  the  war  records  in  the  office  of  .... 

Administrators,  public,  appointment  of       .....  .         462,  742 

special,  payment  of  expenses  incurred  by,  in  proving  a  will  in  certain 
cases       .......... 

Adulterated  food  and  drugs,  relative  to  the  sale  of       . 
Advances,  to  disbursing  officers  of  certain  institutions,  relative  to 

to  the  acting  paymaster  general  of  the  militia  .... 
Advertisements,  concerning  employment,  relative  to    . 

of  information  concerning  certain  diseases,  to  prohibit 
Age  limit,  for  eligibility  to  appointment  in  the  inspection  department  of  the 
district  police,  relative  to  ....... 

Aged  persons,  trust  companies  may  be  appointed  conservators  of  the  prop- 
erty of 86,  458 

Agent,  of  the  prison  commissioners,  exempt  from  certain  provisions  of  law     .       166 

of  the  board  of  charity,  exempt  from  certain  provisions  of  law    .  .       166 

Agents,  insurance,  law  relative  to  licenses  of,  amended  .  .  .  .127 

on  whom  legal  process  may  be  served,  partnerships,  etc.,  may  appoint       487 


806 


98 
343 
770 
267 
415 
430 
865 
205 
819 


111 
200 
132 
384 
161 
331 

322 


1052 


Index. 


Agricultural  College,  the  Massachusetts,  appropriations  for  . 

printing  the  report  of      .......  . 

free  scholarships  in,  etc.  ....... 

to  provide  for  a  target  range  at         .....  . 

certain  courses  and  expenses  at         .....  . 

to  provide  for  deficiencies  in  appropriations  for 

repairs  and  improvements  at  . 

relative  to     .........  , 

Agricultural  education,  to  pro\"ide  for,  in  the  normal  school  at  North  Adams 
Agricultural  expenses,  appropriations  for    . 

Agricultural  experiment  station,  repairing  and  refitting  buildings  at 
Agricultural  Society,  the  Haverhill,  incorporated,  etc.  ...  72, 

Agricultural  statistics,  publication  of  .  .  . 

Agriculture,  board  of,  appropriations  for  salaries  and  expenses  in  the  office  of 

may  appoint  an  ornithologist  ..... 

dairy  bureau  of,  increase  in  the  annual  appropriations  for 

relative  to  the  cattle  bureau  of         ...  . 

Alewives,  etc.,  taking  of,  by  the  use  of  seines 
Allen,  George  H.,  to  be  reimbursed  for  the  loss  of  a  horse  used  in  the  militia 

Peter  J.,  compensated  for  tlie  loss  of  a  horse 
Allen's  harbor,  survey  of  ..... 

Alpha  Theta  Chapter,   etc.,  in  Williams  College,  may  hold  additional  real 
estate     .......... 

American  Antiquarian  Society,  in  Worcester,  certain  land  of,  may  be  taken 
etc.,  by  the  county  of  Worcester        ..... 

American  College  for  Girls  at  Constantinople  in  Turkey,  Trustees  of,  incorpo- 
rated     .......... 

Amesbury,  town  of,  repair  or  reconstruction  of  the  bridge  over  the  Merrimac 

river  between  Deer  island  in,  and  the  city  of  Newburyport 
Amusement,  certain  places  of,  admittance  of  minors  to 

to  cause  certain  machines  used  in,  to  be  disinfected 
Andover,  town  of,  may  make  an  additional  water  loan 

the  Ministerial  Fund  of  the  South  Parish  in,  investment  of 
Andrews,  Charles  H.,  exempting  certain  property  under  the  will  of,  from  tax- 
ation under  the  law  relative  to  collateral  legacies  and  successions 
Animals,  relative  to  the  slaughter  of  .... 

inspectors  of,  one  to  be  a  veterinary  surgeon 
Annisquam  river,  to  provide  further  for  the  improvement  of 
Annuities  and  pensions,  appropriations  for  payment  of 
Appeals,  from  orders  of  inspectors  of  factories,  etc.,  relative  to 
Appropriations  : 

compensation  and  mileage  of  members  of  the  general  court,  etc 

salaries  and  expenses  in  the  executive  department 

salaries  and  expenses  in  the  judicial  department 

salaries  and  expenses  in  the  secretary's  department 

salaries  and  expenses  in  the  treasurer's  department 

salaries  and  expenses  in  the  auditor's  department 


38 
417 
417 
819 
838 
838 
841 
858 
217 

39 
838 
370 
858 

39 
206 
365 
465 
448 
809 
817 
846 

60 


208 

763 
317 
326 
314 
129 

840 
286 
324 
842 
12 
441 

3 
6 

14 
9 


IXDEX. 


1053 


Appropriations  —  continued. 

salaries  and  expenses  in  the  attorney-general's  department 
salaries  and  expenses  in  the  adjutant  general's  department 
salaries  and  expenses  in  the  quartermaster  general's  department 
salaries  and  expenses  in  the  surgeon  general's  department 
salaries  and  expenses  in  the  office  of  the  civil  service  commission 
salaries  and  expenses  in  the  office  of  the  controller  of  county  accounts 
salaries  and  expenses  in  the  office  of  the  insurance  commissioner 
salaries  and  expenses  in  the  office  of  the  commissioner  of  public  records 
salaries  and  expenses  in  the  office  of  the  commissioners  of  prisons,  etc 
salaries  and  expenses  in  the  office  of  the  tax  commissioner 
•    salaries  and  expenses  in  the  office  of  the  state  board  of  insanity 
salaries  and  expenses  in  the  state  Ubrary  ..... 

salaries  and  expenses  in  the  office  of  the  state  board  of  education 
salaries  and  expenses  in  the  office  of  the  state  board  of  health     . 
salaries  and  expenses  in  the  bureau  of  statistics  of  labor 
salaries  and  expenses  of  the  land  court      ..... 

salaries  and  expenses  of  the  state  board  of  conciliation  and  arbitration 

salaries  and  expenses  of  the  district  police 

salaries  and  expenses  of  the  gas  and  electric  light  commissioners 

salaries  and  expenses  of  the  harbor  and  land  commissioners 

salaries  and  expenses  of  the  railroad  commissioners    . 

salaries  and  expenses  at  the  Massachusetts  reformatory 

salaries  and  expenses  at  the  reformatory  prison  for  women 

salaries  and  expenses  at  the  state  hospital 

salaries  and  expenses  at  the  state  farm      .... 

salaries  and  expenses  at  the  state  industrial  school  for  girls 
salaries  and  expenses  at  the  state  prison  .... 

salaries  and  expenses  of  the  board  of  registration  in  dentistry 
salaries  and  expenses  of  the  board  of  registration  in  medicine 
salaries  and  expenses  of  the  board  of  registration  in  pharmacy 
salaries  and  expenses  yi  the  department  of  the  state  board  of  charity 
salaries  and  expenses  of  the  board  of  registration  in  veterinary  medicine 
salaries  and  expenses  in  the  office  of  the  chief  of  the  cattle  bureau  of 
the  state  board  of  agriculture    ...... 

salaries  and  expenses  in  the  office  of  the  state  board  of  agriculture 
salaries  and  expenses  in  the  department  of  the  bank  commissioner 
salaries  and  expenses  in  the  office  of  the  sergeant-at-arms  . 
salaries  and  expenses  of  the  commission  on  industrial  education 
salary  and  expenses  of  the  commissioner  of  state  aid  and  pensions 
salary  and  expenses  of  the  commissioner  of  weights  and  measures 
salary  and  expenses  of  the  state  forester 
dredging  Dorchester  bay 

construction  of  a  stone  breakwater  off  the  town  of  Revere 
Danvers  insane  hospital 
Foxborough  state  hospital 
Grejdock  state  reservation 


PAGE 

31 

205 
53 
28 
23 
31 

570 
20 
34 
41 
48 
23 
73 
51 
21 
20 
24 
29 
35 
52 
33 
50 
49 
77 
69 

107 
50 
30 
36 
53 
68 

128 

40 
39 
32 
42 
224 
27 
25 
40 
10 
11 
46 
43 
14 


1054 


Index. 


Appropriations  —  continued.  page 

Ljniian  and  industrial  schools  .  .  «  .  .  .  .153 

Ljnnan  scliool  for  boys   .  .  .  .  .  .  .  .  .111 

Massachusetts  Agricultural  College  ......         38 

Massachusetts  commission  for  the  blind    ......         76 

Massachusetts  highway  commission  .  .  .  .  .  .157 

Massachusetts  hospital  for  epileptics  ......         44 

Massachusetts  hospital  school  .......         67 

Massachusetts  Institute  of  Technology      .  .  .  .  .  .21 

Massachusetts  School  for  the  Feeble-Minded      .....         43 

Massachusetts  State  Firemen's  Association         .  .  .  .  .11 

Massachusetts  state  sanatorium        .......         67 

Medfield  insane  asylum  .........         44 

Mount  Tom  state  reservation  .  .  .  .  .  .  .13 

North  metropolitan  system  of  sewage  disposal  .....       157 

Northampton  state  hospital     ........         45 

South  metropolitan  system  of  sewage  disposal  .  ...  .  .158 

Taunton  insane  hospital  ........         45 

Westborough  insane  hospital  .......         47 

Worcester  insane  asylum  ........         49 

Worcester  insane  hospital        ........         47 

Worcester  Polyteclmic  Institute        .  .  .  .  .  .  .11 

Wrentham  state  school  ........         48 

compensation  and  expenses  of  the  ballot  law  commission    ...         10 
compensation  and  expenses  of  commissioners  on  fisheries  and  game      .         62 
expenses  of  the  board  of  free  public  library  commissioners  .  .         24 

expenses  of  exterminating  contagious  diseases  among  cattle,  etc.  .         38 

expenses  of  the  commissioners  of  the  nautical  training  school      .  .       572 

expenses  of  establishing  life  insurance  departments  by  savings  banks  .         52 
expenses  at  the  state  colony  for  the  insane         .....         45 

certain  expenses  authorized  in  the  year  1908,  etc.       .    367,  497,  559,  749,  795 
sundry  agricultural  expenses   ........         39 

sundry  armory  expenses  ........         53 

sundry  charitable  expenses      ........         68 

sundry  educational  expenses   ........         73 

sundry  military  expenses         ........       205 

sundry  miscellaneous  expenses  .  .  .     27,  367,  497,  559,  749,  795 

sundry  reformatory  expenses  ........         34 

deficiencies  in  the  year  1907    .  .  .  .  .  .  .      5,  25,  224 

pajTiicnt  of  state  and  military  aid    .......         27 

payment  of  annuities  to  soldiers,  etc.         ......         12 

payment  of  tuition  of  children  in  certain  high  schools  ...         75 

removal  of  wrecks  from  tide  waters  ......         52 

premiums  on  securities  purchased  for  the  Massachusetts  School  Fund  .         14 
compensation  of  retired  veterans      .......         22 

for  the  Soldiers'  Home 92 

maintenance  of  the  metropolitan  water  system  ....       148 

for  the  taking  of  armories  by  the  conunonwealth        .  .  .  .321 


Index. 


1055 


Appropriations  —  condvded. 

for  the  reclamation  of  province  lands         .... 
for  restoring  the  East  Boston  sewerage  pumping  station,  etc. 
for  mihtary  expenses  in  connection  with  the  Chelsea  fire     . 
maintenance  of  industrial  schools     ..... 
printing  and  binding  public  documents,  etc. 
investigation  of  methods  of  protecting  purity  of  inland  waters 
care  and  maintenance  of  reservations,  etc. 


FAOB 

506 

571 

717 

741 

35 

51 

108,  284,  768 


publication  of  record  of  Massachusetts  soldiers  and  sailors  in  the  war 
of  the  rebellion         ....... 

continuing  the  publication  of  the  province  laws 

payment  of  claims  arising  from  the  death  of  firemen 

preservation  of  town  records  of  births,  marriages  and  deaths 

care  and  maintenance  of  Wellington  bridge        . 

care  and  maintenance  of  the  Nantasket  Beach  reservation 

certain  sinking  funds       ....... 

supervision  of  telegraph  and  telephone  companies 

industrial  camp  and  hospital  for  prisoners 

suppression  of  the  gypsy  and  brown  tail  moths 
Arbitration,  etc.,  board  of,  may  approve  plans  for  the  compensation  of  injured 
employees        ........ 

Arbitrators,  to  provide  for  the  compensation  of  certain 
Armories,  state,  appropriations  for  the  expense  of  taking 
Armory,  state,  in  Framingham,  completion  and  enlargement  of  . 

in  Worcester,  completion  of     . 
Armory  expenses,  appropriations  for  sundry       .... 
Arrest,  of  minors,  relative  to  release  after  ..... 

for  non-payment  of  taxes,  relative  to        ...  . 

Ashland,  town  of,  may  supply  itself  and  its  inhabitants  with  water 
Assessments,  sewer,  division  of,  in  certain  cases 

apportionment  of,  etc.  ...... 

sidewalk,  to  provide  for  the  apportionment  of,  etc.     . 
Assessors,  appointment  of  supervisors  of     . 

valuation  lists  of,  law  relative  to,  amended 
Assessors'  books  and  blanks,  to  be  furnished  by  the  tax  commissioner 
Assignment  of  wages,  provision  affecting  the  law  relating  to 
Assistant  clerks,  of  certain  courts,  women  may  be  appointed  as    . 

superior  court,  county  of  Suffolk,  salaries  to  be  paid  bi-weekly 
Assistant  register  of  probate,  etc.,  county  of  Suffolk,  appointment  of 
Assistant  registers  of  courts,  to  be  furnished  with  a  copy  of  the  blue  book 
Associations: 

First  Parish  Cemetery,  of  Norwell,  incorporated 

Long  Hill  Cemeterj',  incorporated    . 

Lowell  Funeral,  incorporated  .... 

Massachusetts  State  Firemen's,  appropriation  for 

Pinehurst  Cemetery,  incorporated    . 

Worcester  Foresters  of  America  Building,  incorporated 
Associations,  etc.,  certain,  taking  of  deposits  by 


756 
62 
13 
10 

108 

108 
12 
21 
50 

632 

443 
278 
321 
535 
410 

53 
247 

70 
411 
408 
304 
160 
509 
332 
279 
713 
249 
218 
167 
128 

103 
290 
328 
11 
277 
119 
448 


.1056 


IXDEX. 


Assurance  Society,  the  Mutual  Direct  Life,  extending  the  time  within  which  it 
may  file  its  certificate  of  incorporation        ..... 
Asylum,  insane,  the  Metlfield,  appropriation  for  the  maintenance  of 

the  Worcester,  appropriation  for  the  maintenance  of  ... 

Athol,  town  of,  relative  to  the  sewer  indebtedness  of   . 
Attleborough,  town  of,  may  issue  water  supply  bonds  .... 

erection  of  a  building  for  the  fourth  district  court  of  Bristol  at    . 
Attorney-general,  appropriations  for  salaries  and  expenses  in  the  department  of 

by-laws  of  fire  districts  to  be  approved  by 

may  employ  a  civil  engineer  in  the  matter  of  proceedings  for  the  aboli 
tion  of  grade  crossings      .... 

duties  of,  in  cases  of  illegal  restraint  in  the  sale,  etc.,  of  certain  com- 
modities ...... 

publishing  reports  of  capital  trial  by 

duties  of,  relative  to  the  supervision  of  savings  banks,  etc.  585,  589,  605,  606 

duties  of,  relative  to  the  abatement  of  certain  taxes  assessed  on  leg- 
acies and  successions         ....... 

Auburn,  town  of,  boundary''  line  between  Oxford  and  .... 

Auditor,  state,  appropriations  for  salaries  and  expenses  in  the  department  of 

relative  to  the  department  of  ...... 

relative  to  the  abstract  of  the  report  of     . 

to  define  the  term  "State  Officials,"  in  connection  with  certain  duties  of 
Auditor  of  the  commonwealth,  to  fix  the  title  of 
Auditors,  of  corporations,  law  relative  to,  amended 

in  proceedings  for  the  abolition  of  grade  crossings,  to  define  the  powers 
and  duties  of  . 
Automobiles,  cities  and  towns  may  permit  hill-climbing  contests  by 

insurance  against  liability  for  damages  caused  by 

relative  to  operators  of  . 

relative  to  speed  tests  of,  in  Lowell  and  Tyngsborough 

consolidating  the  laws  relating  to     . 

in  the  county  of  Nantucket,  to  regulate  the  use  of     . 


63 

44 
49 
248 
54 
92 
31 
70 

321 

409 
573 


745 
265 

8 
635 

748 
759 
635 
262 

336 
223 
208 
771 
770 
854 
427 


B. 

Bacon  Free  Library,  incorporated      ........  212 

Baggage,  on  railroads,  relative  to  charges  for  storage  of        ...          .  458 

Ballot  law  commission,  appropriations  for            ......  10 

Ballots,  for  state  and  city  elections,  publication  of       ....          .  419 

specimen,  law  relative  to  the  posting  of,  amended      ....  373 

Band  concerts,  towns  may  appropriate  money  for        .....  249 

to  be  furnished  in  places  imder  the  control  of  the  metropolitan  park 

commission     ..........  285 

Bank  commissioner,  appropriations  for  salaries  and  expenses  in  the  depart- 
ment of            ..........  32 

to  examine  securities,  etc.,  held  by  the  treasurer  and  receiver  gen- 
eral       ...........  364 


Index. 


1057 


Bank  coinmissionor  —  cnncluded. 

to  approve  bonds  to  be  given  by  certain  banks,  associations,  etc 
duties  of,  relative  to  trust  companies       .... 

number  of  copies  of  report  of,  to  be  printed 
duties  of,  relative  to  savings  banks  and  institutions  for  savings 
Banks,  associations,  etc.,  certain,  taking  of  deposits  by 
Barnstable,  town  of,  improvement  of  Cotuit  harbor  in 

improvement  of  East  Bay  harbor  in  .... 

Barnstable  county,  tax  granted  for    ...... 

Barnstable  harbor,  etc.,  survey  of      .....  . 

Baton  Rouge,  Louisiana,  a  memorial  shaft  to  be  erected  at,  to  the  men  who 

lost  their  lives  in  the  department  of  the  gulf,  in  the  civil  war 
Bay  State  Fuel  Company,  provisions  affecting    ..... 

Beacon  street,  in  Boston,  change  of  grade  of  a  part  of            .          .          . 
Beaver,  village  of,  in  the  town  of  East  Bridgewater,  water  supply  for    . 
Becket,  town  of,  a  state  highway  may  be  constructed  from  the  city  of  Pitts- 
field  to 

Belchertown,  town  of,  water  supply  for       ...... 

Belchertown  Fire  District,  established         ...... 

Beneficiary  corporations,  certain  fraternal,  may  make  contracts  of  reinsurance 
etc.  .......... 

Berkshire  county,  appointment  of  a  special  judge  of  probate  in     . 

county  commissioners  of,  to  have  copies  made  of  certain  records  in  the 
registry  of  deeds       .... 

clerical  assistance  to  the  register  of  probate  of 
the  Mount  Everett  Reservation  established  in 
to  provide  for  certain  state  highways  in    . 
tax  granted  for       ..... 

Bi-weekly  payments,  of  salaries,  may  be  made  to  cer 
courts     ...... 

Blandford,  town  of,  water  supply  for 

Blandford  Fire  District,  established   . 

Blind,  Massachusetts  commission  for,  appropriations  for 

Blue  book,  distribution  of  ....  . 

Board  of  Trade  Corporation,  the  Whitman,  incorporated      .  .  .  . 

Boards  and  commissions: 

board  of  agriculture,  appropriations  for  salaries  and  expenses  in  the 
•        office  of  ........ 

may  appoint  an  ornithologist        ..... 

dairy  bureau  of,  increase  in  the  annual  appropriations  for 
relative  to  the  cattle  bureau  of      . 
board  of  charity,  appropriations  for  salaries  and  expenses  in  the  de- 
partment of     . 
agent  of,  exempt  from  certain  provisions  of  law 
law  relative  to,  amended      .... 

duties  of.  relative  to  the  establishment  of  an  industrial  school  for 
boys       .,..., 


PAGE 

449 
470 
482 
582-627 
448 
507 
849 
820 
846 

813 
754 
743 

574 

733 

269 
269 

421 

77 

268 
286 
539 
733 
821 


tain  assistant  clerks  of 


218 
241 
241 

76 
128,  390 

95 


39 
206 
365 
465 


68 
166 
636 

760 


1058 


Index. 


Boards  and  commissions  —  continued.  rAOE 

board  of  charity,  to  extend  the  time  for  making  a  certain  report  by  805 
board  of  conciliation  and  arbitration,  appropriation  for  salaries  and 

expenses  of     ..........  24 

may  approve  plans  for  compensation  to  injured  employees       .          .  443 
board  of  education,  appropriations  for  salaries  and  expenses  in  the 

oflice  of            ..........  73 

to  provide  agricultural  education  in  the  normal  school    at    North 

Adams 217 

board  of  free   public   library   commissioners,   appropriations   for   ex- 
penses of          ..........  24 

board  of  health,  appropriations  for  salaries  and  expenses  in  the  office  of  51 

duties  of,  relative  to  water  used  in  factories,  etc.     ....  285 

duties  of,  relative  to  the  slaughter  of  animals  for  food     .          .          .  287 

duties  of,  relative  to  inspection  of  meat  and  provisions    .          .          .  363 

to  make  an  examination  of  Green  Harbor  in  Marshfield  .           .          .  572 
to  investigate  the  matter  of  flootling  the  lands  bordering  on  Lake 

Quannapowitt          .........  716 

to  investigate  the  sanitary  condition  of  the  Merrimac  river                 .  849 
board   of   insanity,  appropriations   for  salaries   and   expenses   in   the 

office  of            ..........  48 

duties  of,  relative  to  the  care  of  the  insane  of  the  city  of  Boston    .  780 
to  prepare  plans  for  a  hospital  in  the  metropolitan  district,  for  certain 

mental  patients        .........  745 

investigation  and  report  by,  on  the  insane      .  .  .  .  .811 

metropolitan  water  and  sewerage  board,  to  construct  extensions,  etc., 

at  the  East  Boston  and  Deer  island  pumping  stations           .          .521 
to  make  certain  improvements  in  the  metropolitan  water  works        .  523 
to  restore  the  East  Boston  sewerage  pumping  station,  etc.        .          .571 
board  of  registration  in  dentistry,  appropriations  for            ...  30 
board  of  registration  in  medicine,  appropriations  for            ...  36 
board  of  registration  in  pharmacy,  appropriations  for          ...  53 
board  of  registration  in  veterinary  medicine,  appropriations  for  .          .  128 
ballot  law  commission,  appropriations  for  compensation  of,  etc.  .          .  10 
bank  commissioner,  appropriations  for  salaries  and  expenses  in  the  de- 
partment of    ..........  32 

to  examine  securities,  etc.,  held  by  the  treasurer  and  receiver  general  364 

to  approve  bonds  to  be  given  by  certain  banks,  associations,  etc.     .,  449 

ilutios  of,  relative  to  trust  companies    ......  470 

number  of  copies  of  report  of,  to  be  printed  .....  482 

duties  of,  relative  to  savings  banks  and  institutions  for  .savings        582-627 
Charles  river  basin  commission,  may  take  land   for  an  approach   to 

the  Charles  river  embankment           ......  391 

commission  for  the  blind,  appropriations  for     .....  76 

civil  service  commissioners,  appropriations  for  salaries  and  expenses  of  23 
pay-rolls,  bills,  etc.,  of  persons  in  the  service  of  the  city  of  Boston  to 

be  certified  by          ........          .  156 


IXDEX. 


1059 


Boards  and  commissions  —  continued. 

commissioners  on  fisheries  and  game,  appropriations  for  the  compen 

sation  and  expenses  of      . 
relative  to  the  powers  of       . 
to  extend  the  authority  of    . 
to  make  an  investigation  relative  to  dogfish    . 
gas  and  electric  light  commissioners,  appropriations  for  salaries  and 

expenses  of     . 
expenses  of         .  .  .  .  •  • 

duties  of,  relative  to  electric  power  companies 
relative  to  accommodations  for     . 
harbor  and  land  commissioners,  appropriations  for  salaries  and  ex- 
penses of  ....■•••  • 
may  expend  a  certain  sum  of  money  in  constructing  a  dike,  etc., 

across  Herring  river  in  Wellfleet        ..... 
to  fix  the  elevation  of  high  water  in  Farm  pond  in  Sherliorn 
to  extend  the  breakwater  in  Vineyard  Haven  harbor 
to  improve  Sesuit  harbor  in  Dennis        ..... 
to  have  charge  of  the  expenditure  of  an  appropriation  for  the  rec 

lamation  of  the  province  lands  ..... 

to  improve  Cotuit  harbor  in  Barnstable  .... 

duties  of,  relative  to  the  construction,  etc.,  of  a  wharf  at  Magnolia 
duties  of,  relative  to  the  construction  of  a  certain  dam  over  the 

Connecticut  river     ........ 

to  make  an  examination  of  Green  Harbor  in  Marshfield  . 

duties  of,  relative  to  the  disposition  of  certain  floating  structures 

to  take  measures  to  preserve  an  ancient  bovmdary  mark  between 

North  Attleborough  and  Plainville 
completion  of  the  work  of  dredging  Annisquam  river  by 
to  further  improve  the  channel  of  Ipswich  river 
to  improve  Rockport  harbor  .... 

removal  of  a  ledge,  etc.,  near  the  pier  at  Oak  Bluffs 
to  make  surveys,  etc.,  of  certain  harbors  and  rivers 
to  dredge  an  anchorage  basin  in  Winthrop  harbor  . 
to  enlarge  the  channel  at  WoUaston  beach 
to  dredge  an  anchorage  basin  in  Hingham  harbor  . 
to  further  improve  West  Falmouth  harbor 
to  dredge  an  anchorage  basin  in  Lynn  harbor 
to  improve  East  Bay  harbor  in  Osterville 
to  construct  a  wharf  at  Penikese  island 
to  further  improve  Witchmere  harbor  in  Harwich  . 
to  dredge  a  part  of  Weymouth  Fore  river 
to  report  on  the  feasibility  of  developing  the  railroad   and  water 

front  facilities  of  East  Boston    . 
to  improve  Cuttyhunk  harbor 
to  construct  a  breakwater  at  the  mouth  of  Wild  harbor  in  Falmouth 
highway  commission,  appropriations  for  salaries  and  expenses  of 


62 
216 
366 

826 

35 

496 
734 
785 

52 

135 

427 
486 
522 

506 
507 
561 

567 
572 
633 

813 
842 

844 
845 
845 
846 
846 
847 
847 
848 
847 
849 
850 
851 
853 

856 
859 
862 
157 


1060  Index. 


Boards  and  commissions  —  coiilinucd.  page 
highway    commission,    improvement,    etc.,    of    ways    by,    in    certain 

towns     ...........  235 

care  of  trees,  shrubs,  etc.,  by,  on  state  highways     ....  259 

may  construct  a  state  highway  from  the  city  of  Pittsfield  to  the 

town  of  Becket         .........  733 

may  use  certain  fees  in  tlie  maintenance  of  state  highways       .          .  766 
duties  of,  relative  to  the  operation  of  automobiles            .          .          .771 

to  provide  for  printing  additional  copies  of  the  report  of           .          .  837 
to  make  an  inventory,  etc.,  of  the  property  of  the  New  England 

Telephone  and  Telegraph  Company   ......  844 

to  consolidate  the  laws  relating  to  automobiles  and  motor  cycles  854 
commission  on  industrial   education,    appropriations   for   salaries   and 

expenses  of      .........          .  224 

relative  to            ..........  540 

insurance   commissioner,  appropriations  for  salaries  and   expenses  in 

the  office  of     .........          .  570 

duties  of,  relative  to  fire  insurance  in  unauthorized  companies  122 
metropolitan  park  commission,  may  permit  the   projection  of  eaves, 

cornices,  etc.,  of  buildings  over  certain  restricted  lines,  etc.  .          .  114 

may  grant  locations  to  electric  railroad  companies            .          .          .  263 
appropriations  for  the  care  and  maintenance  of  reservations  under 

the  control  of 108,  283 

to  furnish  band  concerts  in  places  under  their  control      .          .          .  285 

appropriation  for  the  maintenance  of  boulevards,  etc.,  in  the  care  of  284,  768 

increasing  the  amount  of  money  allowed  to,  for  boulevards      .          .  780 

increasing  the  amount  of  money  allowed  to,  for  park  purposes          .  781 
to  investigate  the  advisability  of  constructing  a  new  bridge  across 

the  Neponset  river  .........  859 

prison  commissioners,  appropriations  for  salaries  and  expenses  in  the 

office  of 34 

agent  of,  exempt  from  certain  provisions  of  law      ....  166 

authority  of,  relative  to  the  removal  and  transfer  of  jirisoners,  may 

be  delegated  to  its  chairman    .......  167 

may  revoke  a  permit  to  be  at  liberty,  issued  to  a  prisoner  .211 

may  retire  certain  prison  officers  .......  640 

probation,  commission  on,  appointment  of         ....          .  423 

public  records,  connnissioner  of,  appropriations  for     ....  20 

railroad  commissioners,   appropriations   for  salaries   and   expenses   in 

the  department  of    .  .  .  .  .  .  .  .  .33 

duties  of,  relative  to  fixing  the  route  of  electric  railroad  companies  401 
to  extend  the  authority  of,  relative  to  express  business  upon  rail- 
roads, etc.       ..........  637 

to  investigate  the  question  of  freight  car  service,  etc.       .          .          .  848 

to  report  on  the  feasibility  of  developing  the  railroad  and  water  front 

facilities  of  East  Boston    ........  856 

tax  commissioner,  appropriations  for  salaries  and  expenses  in  the  de- 
partment of    ..........  41 


Index. 


1061 


Boards  and  commissions  —  concluded.  page 
tux  commissioner,  duties  of,  relative  to  the   taxation  of  express  com- 
panies    ...........  145 

filing  of  inventories  of  estates  in  the  office  of            ....  227 

to  furnish  books  and  blanks  to  assessors         .....  279 

to  provide  cities  and  towns  with  valuation  books    ....  332 

law  relative  to  the  powers  of,  amended            .....  383 

appointment  of  supervisors  of  assessors  by     .          .          .          .          .  509 

weights  and  measures,  commissioner  of,  appropriation  for  salary  and 

expenses  of      ..........  25 

Boards  of  health,  in  cities  and  towns,  duties  of,  relative  to  the  inspection  of 

meat  and  provisions          .......        287,  363  ^ 

to  cause  certain  machines  in  places  of  amusement  to  be  disinfected,  etc.  326 
Boats  and  yachts,  unpaid  labor  may  be  performed  on,  on  the  Lord's  day  .          .  230 
Boiler  inspection  department  of  the  district  police,  to  provitle  for  investiga- 
tion work  and  apparatus  in        ......           .  812 

Boilers,  steam,  operation  and  inspection  of           ......  531 

Bond  i.^sues  authorized  by  the  general  court  of  1908.      (See  "  Treasiu'er  and 

Receiver  General.") 

Bonds,  of  officials,  relative  to  reimbursement  for  premiums  paid  in  securing    .  428 
of  trustees  holding  property  for  cliaritable  purposes,  relative  to  the 

giving  of          .........          .  257 

held  by  corporations  as  collateral  security,  relative  to  returns  of           .  427 
municipal  and  county,  etc.,  certain  issues  of,  exempt  from  taxation        423,  632 
Bonds,  notes,  etc.,  issue  of,  by  railroad  corporations  and  street  railway  com- 
panies    ...........  742 

Boston,  city  of,  relative  to  the  registration  of  voters  in  .  .  .  .61 

municipal  court  of,  appointment  of  pro  tempore  court  officers  of         .  140 
to  reduce  the  borrowing  power  of,  for  certain  purposes                  .          .152 
pay-rolls,  bills,  etc.,  of  persons  in  the  service  of,  to  bear  the  certificate 

of  the  civil  service  commission  .  .  .  .  .  .156 

may  pay  an  annuity  to  Mary  Lynch  .  .  .  .  .  .164 

consumptives  in,  beds  may  be  hired  in  private  hospitals  for        .          .  165 

to  confirm  a  betterment  revision  order  of  the  street  commissioners  of  .  200 

to  enlarge  the  power  of  the  mayor  of,  as  to  appropriations           .          .  254 

the  Italian  American  Savings  Bank  of,  incorporated  ....  255 

recovery  of  certain  sewer  assessments  in   .          .          .          .          .          .  269 

to  facilitate  the  inspection  of  wires  in  buildings  in      .          .          .          .  294 

to  provide  for  placing  under  ground  wires  and  electrical  appliances  in  .  299 

relative  to  sewerage  works  in  the  Charles  river  basin  in       .          .          .  322 

changing  the  name  of  the  pauper  institutions  department  in        .          .  340 

may  reinstate  John  J.  Lynch  as  a  member  of  the  fire  department          .  340 

to  limit  the  expenditure  of  the  board  of  aldermen  of,  for  carriage  hire  341 

may  improve  Hyde  Park  avenue      .......  386 

regulation  of  street  traffic  in    .          .          .          .          .          .          .          .  392 

to  extend  the  time  for  the  listing  of  voters  in    .          .          .          .          .  435 

licensing  of  theatrical  exhibitions,  etc.,  in           .....  449 

may  pay  a  sum  of  money  to  the  mother  of  Edward  D.  Spellman           .  457 


10G2 


Index. 


Boston,  city  of  —  concluded.  paob 

indebtedness  of,  for  constructing  certain  sewerage  works     .  .  .       465 

use  of  the  market  limits  of       .......  .       468 

relative  to  contracts  made  by  .......      482 

alterations  arid  improvements  in  school  buildings  in  .  .  .  .       483 

powers  of  the  finance  commission  of  .....  .       528 

the  Franklin  Foundation  incorporated  in  .....       536 

relative  to  the  compensation  of  employees  of     .  .  .  .  .       573 

to  provide  for  the  payment  of  pensions  to  tiie  teachers  of  the  public 
day  schools  of  ....... 

care  of  the  insane  of,  by  the  commonwealth 

change  of  grade  of  a  part  of  Beacon  street  in     . 

may  pay  a  sum  of  money  to  the  widow  of  Thomas  F.  Doherty 

to  establish  observation  wards  ..... 

Cornelius  F.  Reagan  may  be  reinstated  in  the  police  department  of 
relative  to  the  construction  of  a  new  bridge  across  the  Neponset  river 
between  Quincy  and,  etc.  ...... 

Boston  College,  Trustees  of,  charter  amended      .  .  ... 

Boston  Consoh\lated  Gas  Company,  provision  affecting 

Boston  Elevated  Railway  Company,  date  of  payment  of  franchise  tax  by 
may  consolidate  with  the  West  End  Street  Railway  Company     . 
may  construct  an  elevated  railway  from  Sullivan  scjuare  in  Boston  to 
the  city  of  Medford,  through  the  city  of  Somerville      .  .         476, 

Boston  harbor,  to  extend  the  jurisdiction  of  the  harbor  master  of 

Boston  Infirmary  Department,  name  established 

Boston  juvenile  court,  clerical  assistance  for        . 

Boston,  Revere  Beach  and  Lynn  Railroad  Company,  exempt  from  certain 
provisions  of  law  relative  to  the  issue  of  mileage,  etc.,  tickets 

Boston  State  Hospital,  for  care  of  the  insane  in  Boston,  established 

Boulevards  and  parkways,  appropriations  for  tiie  care  and  maintenance  of 
increasing  the  amount  of  money  allowed  for  purposes  of 

Boundary  line,  between  the  commonwealth  of  Massachusetts  and  the  state  of 
Connecticut,  established  . 
between  Auburn  and  Oxford  . 
between  Gardner  and  Westminster  . 
between  Gardner  and  Winchendon  . 
between  Lancaster  and  Sterling 
between  Northbridge  and  Uxbridge 
between  Phillipston  and  Templeton 

Boundary  lines,  of  tlie  Greylock  reservation,  ma 

Boundary   mark,    between    North    Attleborough 

tion  of    ..........  .       813 

Bounty,  on  seals,  abolished  .  .  .  .  .  .  .  .57 

Bourne,  town  of,  water  supply  for     .......  .       735 

Bowman,  Harry  E.,  in  favor  of  ........       809 

Boys,  industrial  school  for,  relative  to  the  establishment  of  .  759,  805 

Lyman  school  for,  appropriations  for  salaries  and  expenses  at      .  .       Ill 


king  of 

and    Plainville,    preserva 


Index. 


1063 


Boys,  Lyman  school  for  —  concluded. 

to  provide  for  furnishing  a  cottage  at    . 
improvements  at  ....  . 

Bradford  Durfee  Textile  School  of  Fall  River,  in  favor  of 
Bread,  sale  of,  law  relative  to,  amended 
Breakage  of  plate  glass,  insurance  against 

Bridge,  Henry  S.,  justice  of  the  peace  and  notary  public,  acts  confirmed 

Bridge,  over  the  Merrimac  river,  the  city  of  Haverhill  may  borrow  money  to 

pay  part  of  the  cost  of  constructing  . 

construction  of  an  approach  to      . 

over  the  Merrimac  river,  between  Newbuiyport  and  Deer  i.sland  in 

Amesbury,  repair  of  ...  . 

over  the  Westfield  river,  town  of  Russell  to  be  repaid  a  part  of  the 
cost  of  construction  of      .....  . 

Bridges,  repair  and  maintenance  of  certain  .  .  .       ■    . 

across  certain  waters  in  the  town  of  Mashpee,  construction  of 
Bridgewater,  town  of,  relative  to  the  conveyance  of    the    property  of    the 

Bridgewater  Academy  to  ... 

Bridgewater  Academy,  relative  to  the  conveyance  of  the  property  of,  to  the 
town  of  Bridgewater    ........ 

Bristol,  fourth  district  court  of,  erection  of  a  building  for,  in  Attleborough 

Bristol  county,  may  take  land,  etc.,  for  the  purpose  of  erecting  a  court  house 

thereon  in  the  city  of  Fall  River 

clerical  assistance  to  the  register  of  probate  of  . 

county  commissioners  of,  may  take  land  for  a  registry  of  deeds  building 

in  New  Bedford,  and  may  erect  a  building  thereon 
tax  granted  for       ........ 

Broad  Canal,  in  Cambridge,  rebuilding  of  a  sea  wall  on 
Brockton,  city  of,  may  make  an  additional  water  loan 
may  borrow  money  for  park  purposes 

may  supply  water  to  a  part  of  the  town  of  East  Bridgewater 
Brookfield,  town  of,  may  borrow  money  to  pay  certain  notes 

water  supply  of      ..'.....  . 

Brookline,  town  of,  may  maintain  reservations  in  certain  ways 
Brown,  Philip  G.,  administrator,  in  favor  of         ...  . 

Brown  tail  moths,  etc.,  persons  engaged  in  suppressing,  may  enter  upon  public 
and  private  land      ........ 

appropriation  for  the  suppression  of  ....  . 

additional  copies  of  report  on,  to  be  printed       .... 

Building  Association,  Worcester  Foresters  of  America,  incorporated 
Buildings,  inspection  of,  law  relative  to,  amended         .... 

relative  to  the  enforcement  of  liens  on       ....  . 

use  of,  as  theatres  and  public  halls  ...... 

Bulletin,  of  committee  hearings,  publication  of    . 

Bureau  of  statistics  of  labor,  appropriations  for  salaries  and  expenses  in 

repeal  of  law  requiring  a  special  enumeration  of  inhabitants  of  cities 
and  towns  by  ......... 


PAGE 

807 
836 
840 
147 
770 
802 

383 
502 

763 

816 
518 

99 

98 


92 

102 

286 

316 
824 
754 

97 
532 
574 

85 
444 
276 
809 

627 
632 
814 
119 
162 

94 
292 
801 

21 

65 


106J: 


Index. 


Bureau  of  statistics  of  labor  —  concluded. 

to  furnish  information  relative  to  the  demand  for  employment 

publications  of       ....  . 

expenditures  by     . 

duties  of,  relative  to  free  employment  offices 

to  tabulate  certain  social  statistics  . 

to  publish  certain  agricultural  statistics    . 
Business  corporations,  changes  in  officers  of 

to  prohibit  the  making  of  political  'contributions  by 

distribution  of  the  franchise  taxes  of 
By-laws,  of  fire  districts,  relative  to  the  publication  of 


FAOE 

267 
420 
435 
438 
467 
858 
133 
436 
731 
70 


c. 

Gaboon,  Amos   O.,   cepeal  of  an  act  authorizing  the  town  of  Swampscott  to 

pay  a  sum  of  money  to     . 
Cambridge,  city  of,  construction  of  streets  in 

relative  to  the  government  of 

relative  to  the  school  committee  of  . 

may  issue  notes  or  bonds  in  excess  of  its  debt  limit 

rebuilding  of  a  sea  wall  on  Broad  Canal  ip 
Canal  and  Transportation  Company,  the  New  York,  Brockton  and  Boston 

extending  the  time  for  the  payment  of  certain  money  by 
Candidates,  for  public  office,  relative  to  the  political  designation  of 
Canton,  town  of,  conveyance  of  the  Wheeler  estate  to  .  .  . 

Cape  Poge  pond,  in  Edgartown,  shooting,  etc.,  of  wild  fowl  in  the  waters  of 
Capital  stock,  of  gas  and  electric  companies,  relative  to  increase  of 

of  railroad   corporations  and    street   railway  companies,  law  relative 

to  increase  of,  amended   . 

Capital  trials,  relative  to  publishing  reports  of     . 

Carnegie  Fund  for  Advancement  of  Teaching,  to  authorize  the  trustees  of  the 

Massachusetts    Agricultural    College    to    attempt    to    secure    the 

benefits  of       .........  . 

Cathedral  Church  of  the  Diocese  of  Massachusetts,  incorporated    . 
Cattle,  etc.,  appropriation  for  exterminating  contagious  disea.ses  among  . 
Cattle  bureau,  of  the  state  board  of  agriculture,  law  relative  to,  amended 
Caucuses,  law  relative  to,  amended    ..... 

Cavalry,  an  additional  troop  of,  allowed  to  the  militia 
Cemeteries,  law  relative  to,  amended  .... 

Cemetery  Association,  the  First  Parish,  of  Norwell,  incorporated 

the  Long  Hill,  incorporated     ..... 

the  Pinehurst,  incorporated     ..... 
Certificates,  of  the  spaying  of  dogs,  law  relative  to,  amended 

of  certain  corporations,  filing,  etc.,  of        ...  .  162,  262, 

Change  of  names,  of  corporations,  relative  to 

of  certain  truant  schools 

of  persons,  decreed  by  the  probate  coiwt 


152 
164 
229 
312 
317 
754 

429 
376 
230 
289 
494 

757 
573 


858 
129 

38 
465 
373 
298 
324 
103 
290 
277 
126 
326 
118 

72 
923 


Index. 


1065 


Changes,  in  officers  of  business  corporations,  relative  to      . 

Charcoal,  coke  and,  law  relative  to  the  sale  of,  amended 

Charitable  expenses,  appropriations  for       ...... 

Charitable  purposes,  giving  of  bonds  by  trustees  holding  property  for 
Charitable  Eye  and  Ear  Infirmary,  the  Massachusetts,  in  favor  of 
provision  affecting  .    '       . 

Charity,  board  of,  appropriations  for  salaries  and  expenses  in  the  depart 
ment  of  ......... 

law  relative  to,  amended  ....... 

duties  of,  relative  to  the  establishment  of  an  industrial  school  for  boys 
to  extend  the  time  for  making  a  certain  report  by      . 
Charles  river  basin,  in  the  city  of  Boston,  relative  to  the  approval  of  sewerage 
works  in  ......... 

relative  to  the  construction  of  certain  sewerage  works  within  the  water 
shed  of  .........  . 

Charles  river  basin  commission,  may  take  land  for  an  approach  to  the  embank 
ment  on  the  Boston  side  of  Charles  river    .... 

may  rebuild  a  certain  sea  wall  on  Broad  Canal  in  Cambridge     . 
Chattel  Loan  Company,  charter  amended  ...... 

Chelmsford,  town  of,  additional  land  and  buildings  for  the  Middlesex  county 
training  school  at     .......  . 

to  change  the  name  of  the  truant  school  in       . 
Chelsea,  city  of,  certain  indebtedness  of,  excluded  from  the  delit  limit   . 
relative  to  the  city  government  of    . 
may  make  a  municipal  loan     ....... 

certain  documents  to  be  furnished  to         ....  . 

Chelsea  fire,  appropriation  for  certain  military  expenses  in  connection  with 
Chester,  town  of,  may  borrow  money  for  constructing  a  school  building 
Children,  appointment  of  probation  officers  for    ..... 

Chinese  pheasants,  to  establish  a  close  season  for  .... 

Chukch  : 

Grace  Methodist  Episcopal,  in  Haverhill,  confirming  the  con,solidation 
of  certain  churches  as        ......  .         150, 

Methodist  Episcopal,  of  Easthampton,  the  trustees  of,  may  convey 
certain  real  estate    ......... 

St.  Paul's,  in  Nantucket,  incorporated       ...... 

Church  Corporation,  the  Waban,  of  Newton,  may  sell  and  convey  its  property 
Cinematograph,  relative  to  the  u.se  of  ......  . 

Cities  : 

Boston,  relative  to  the  registration  of  voters  in  .... 

municipal  court  of,  appointment  of  pro  tempore  court  officers  of 
to  reduce  the  borrowing  power  of,  for  certain  purposes    . 
pay-rolls,  bills,  etc., of  persons  in  the  service  of,  to  bear  the  certificate 
of  the  civil  service  commission  ...... 

may  pay  an  annuity  to  Mary  Lynch      ...... 

consumptives  in,  beds  may  be  hired  in  private  hospitals  for     . 

to  confirm  a  betterment  revision  order  of  the  street  commissioners  of 


PAGE 

133 
152 
68 
257 
807 
391 

68 
636 
760 

805 

322 

465 

391 
754 
170 

138 

72 
154 
524 
747 
850 
717 
486 
758 
432 


372 

748 
151 
387 
533 

61 
140 
152 

156 
164 
165 
200 


1066 


Index. 


Cities  —  continued. 

Boston,  to  enlarge  the  power  of  the  mayor  of,  as  to  appropriations 

the  Italian  American  Savings  Bank  of,  incorporated 

recovery  of  certain  sewer  assessments  in         ...  . 

to  facilitate  the  inspection  of  wires  in  buildings  in 

to  provide  for  placing  underground  wires  and  electrical  appliances  in 

relative  to  sewerage  works  in  the  Charles  river  basin  in  . 

changing  the  name  of  the  pauper  institutions  department  in    . 

may  reinstate  John  J.  Lynch  as  a  member  of  the  fire  department 

to  limit  the  expenditure  of  the  board  of  aldermen  of,  for  carriage 
hire         ........ 

may  improve  Hyde  Park  avenue 

regulation  of  street  traffic  in  ...  . 

to  extend  the  time  for  the  listing  of  voters  in 

licensing  of  theatrical  exhibitions,  etc.,  in 

may  pay  a  sum  of  money  to  the  mother  of  Edward  D.  Spellman 

indebtedness  of,  for  constructing  certain  sewerage  works 

use  of  the  market  limits  of  . 

relative  to  contracts  made  by        .....  . 

alterations  and  improvements  in  school  buildings  in 

powers  of  the  finance  commission  of      . 

the  Franklin  Foundation  incorporated  in        ...  . 

relative  to  the  compensation  of  employees  of  .  .  . 

to  provide  for  the  payment  of  pensions  to  the  teachers  of  the  public 
day  schools  of  ........ 

care  of  the  insane  of,  by  the  commonwealth  .... 

change  of  grade  of  a  part  of  Beacon  street  in  ... 

may  pay  a  sum  of  money  to  the  widow  of  Thomas  F.  Doherty 

to  establish  observation  wards      ...... 

Cornelius  F.  Reagan  rruiy  be  reinstated  in  the  police  department  of 

relative  to  the  construction  of  a  new  bridge  across  the  Neponset 
river  between  the  city  of  Quincy  and,  etc. 
Brockton,  may  make  an  additional  water  loan 

may  borrow  money  for  park  purposes   .... 

may  supply  water  to  a  part  of  the  town  of  East  Bridgewater 
Cambridge,  construction  of  streets  in         ...  . 

relative  to  the  government  of        ....  . 

relative  to  the  school  committee  of        ...  . 

may  issue  notes  or  bonds  in  excess  of  its  debt  limit 

rebuilding  of  a  sea  wall  on  Broad  Canal  in     . 
Chelsea,  certain  indebtedness  of,  e.xcluded  from  the  debt  limit 

relative  to  the  city  government  of  ...  . 

may  make  a  municipal  loan  ..... 

certain  documents  to  be  furnished  to     . 
Fall  River,  may  borrow  money  for  establishing  hospitals  for  contagious 
diseases  ....... 

relative  to  numieipal  elections  in  ... 


Index. 


1067 


Cities  —  continued.  page 

Fall  River,  relative  to  the  erection  of  a  court  house  in         .  .  .       102 

report  of  the  park  commissioners  of       .....  .       207 

relative  to  certain  department  funds  of  .....       282 

the  First  Baptist  Society  of,  may  remove  certain  human  remains      .       292 
removal  of  human  remains  from  a  certain  l)urial  ground  in  784 

may    raise    money   for  the  use   of    the    Bradford    Durfee   Textile 

School 840 

Fitchburg,  to  provide  for  protecting  the  water  supply  of     .  .  .       327 

Gloucester,  relative  to  the  use  of  Stage  Fort  park  in  .  .       131 

the  Magnolia  Wharf  Corporation  incorporated  in    .  .  .       f)6l 

to  amend  the  charter  of        .  .  .  .  .719 

relative  to  constructing  a  fishway  from  Niles  pond  in,  to  the  harbor      811 

Haverhill,  discontinuance  of  Lowell  avemie  in   .  .  .  .  .       128 

relative  to  janitors  of  schoolhouses  in    .  .  .  .  .  .       247 

consolidation  of  certain  churches  in,  ratified  .  .  .  .150,  372 

the  Haverhill  Agricultural  Society  incorporated  in  .  .  72,  379 

may  borrow  money  to  pay  part  of  cost  of  constructing  a  bridge  over 

the  Merrimac  river  .........       383 

to  amend  the  charter  of        .......  .       542 

construction  of  an  approach  to  the  new  bridge  over  the  Merrimac 

river  in  ..........  .       562 

Holyoke,  relative  to  the  board  of  water  commissioners  of   .  .       307 

Lowell,  may  take  land  as  a  site  for  a  public  hall  ....       100 

may  establish  and  maintain  parks  and  playgrounds  .  .  .        109 

the  Lowell  Funeral  Benefit  Association  incorporated  in  .       328 

relative  to  speed  tests  of  automobiles  on  certain  highways  in  .       770 

may  raise  money  for  the  use  of  the  Lowell  textile  school  .  .       839 

Lynn,  relative  to  the  rate  of  interest  on  certain  bonds  issued  by  .  57,  58 

may   incur   additional    indebtedness   for   erecting   a   classical    high 

school  building  .........  65 

may  extend  Market  street    ........       169 

may  borrow  money  for  school  purposes  .....       223 

may  borrow  money  to  provide  for  increased  accommodations  for 

the  police  court  of  .  .  .  .  303 

relative  to  a  payment  by  the  county  of  Essex  toward  extending  Sea 

street  in  ..........       315 

extending  the  time  for  improvement  of  the  water  supply  of     .  .       718 

Maiden,  appointment  of  a  fire  commissioner  of  .  .  .  .  .66 

number  of  members  of  the  school  committee  of       .  .  .  .83 

may  borrow  money  for  sewer  purposes  .....       139 

Medford,  disposition  of  the  surplus  of  sinking  funds  of         .  .  .55 

an  elevated  railway  may  be  constructed  to,  from  Sullivan  square  in 

Boston,  through  the  city  of  Somerville        ....         476,  756 

New  Bedford,  may  extend  a  street  through  Hathaway  Cemetery  .         96 

relative  to  the  indebtedness  of,  in  changing  its  existing  city  hall  into 

a  public  library  building  ........       104 


1068 


Index. 


Cities  —  concluded.  paob 

New  Bedford,  relative  to  the  indebtedness  of,  in  erecting  a  building 

for  municipal  purposes      ........       105 

relative  to  the  indebtedness  of,  for  school  purposes  .  .  .       137 

erection  of  a  registry  of  deeds  buikling  in,  for  the  southern  district 

of  Bristol  county      .........       31G 

may  sprinkle  its  streets  with  oil,  etc.     ......       743 

may  raise  money  for  the  use  of  the  New  Bedford  textile  school         .       852 
Newburyport,  water  supply  for         .......       345 

repair  or  reconstruction  of  the  bridge  over  the  Merriinac  river  be- 
tween Deer  islanil  in  Amesbury  and  .....       703 

North  Adams,  extending  the  time  when  certain  bonds  i.ssued  by,  will 

mature  ...........         59 

Pittsfield,  may  refund  its  water  debt  ......       226 

may  refund  its  school  debt  ........       233 

may  refund  certain  miscellaneous  indebtedness        ....       234 

may  borrow  money  for  water  works  purposes  ....       305 

a  state  highway  may  be  constructed  from,  into  the  town  of  Becket    .       733 
Quincy,  relative  to  the  construction  of  a  new  bridge  across  the  Neponset 

river  between  the  city  of  Boston  and,  etc.  .....       859 

Salem,  may  take  and  fill  certain  flats  in  North  river  ....         86 

control  of  public  pleasure  grounds  in     .  .  .  .  .  .96 

to  reduce  the  muuber  of  members  of  the  school  conmiittee  of  .  .       454 

Somervillo,   an  elevated  railway  may  be  constructed  through,   from 

Sullivan  square  in  Boston  to  the  city  of  Medford  .  .         476,  756 

Springfield,  filling  of  vacancies  in  certain  offices  in      .  .  .41 

to  change  the  name  of  the  truant  school  in  .  .72 

police  court  of,  to  provide  an  additional  probation  officer  for  .  .       140 

building  of  structures  in,  over  the  Connecticut  river         .  .  .       541 

Woburn,  may  make  an  additional  water  loan    .....       564 

Worcester,  the  Engelbrekt  Society  incorporated  in     .  .  .  .82 

building  of  structures  over  certain  streets  in  ....         88 

the  Worcester  Foresters  of  America  Building  Association   incorpo- 
rated in  ..........       120 

relative  to  janitors  of  schoolhouses  in    .  .  .218 

removal  of  buildings,  etc.,  from  land  taken  by         .  .  .  .       232 

taking  of  land  by,  for  municipal  purposes       .....       234 

completion  of  the  state  armory  in  .  .  .410 

Cities,  certain,  compensation  of  dog  officers  in     .  .  .  .  .       134 

to  fix  the  number  of  persons  that  may  be  employed  by  political  com- 
mittees in        .........  .       468 

Cities  and  towns,  special  enumerations  of  inhabitants  of,  relative  to       .  .         65 

disposition  of  certain  horses  owned  by      .  .  .  .  .  .98 

care  and  custody  of  public  documents  by  .....       106 

to  provide  instruction  in  the  public  schools,  as  to  tuberculosis  and  its 

prevention       ..........       133 

emission  of  smoke  in       .  .  .  .  .  .  .  .  .       1 38 


Index. 


1069 


Cities  and  towns  —  concluded.  '  page 

apportionment  of  sidewalk  assessments  in  ,  .  ,  .  .       160 

inspection  of  buildings  in  certain     .......       163 

engaged  in  tlie  manufacture  and  sale  of  electricity,  certain  provisions 

of  law  extended  to  .  .  .  .  .  .  .       168 

engaged  in  the  manufactvn-e  and  sale  of  electricity,  to  protect  from 

unlawful  use  or  diversion  of       ......  .       204 

temporary  loans  of  .  .  .  .  .  .  .  .    '      .       210 

may  establish  rifle  ranges         .  .  .  .  .  .217 

may  permit  hill-climbing  contests  on  highways,  by  automobiles,  etc.         223 
to  be  furnished  by  the  bureau  of  statistics  of  labor  with  printed  bul- 
letins, showing  demands  for  employment  .....       267 

law  relative  to  indebtedness  of,  amended  .....       295 

apportionment,  etc.,  of  sewer  assessments  in      .  .  .  .  .       304 

may  permit  the  use  of  lunch  wagons  on  highways       ....       309 

duties  of  boards  of  health  of,  relative  to  the  inspection  of  meat  and 

provisions        ..........       362 

distribution  of  public  documents  to  ......       372 

certain  bonds  issued  by,  to  be  exempt  from  taxation  .  .        423,  632 

vacations  of  members  of  police  departments  of  .  .  .  .431 

may  establish  pension  funds  for  teachers  in  the  public  schools     .  .451 

protection  of  sources  of  water  supply  in    .  .  .  .  .  .       452 

certain,  to  provide  for  public  playgrounds  in      .  .  .  .  .       464 

protection  of  the  water  supplies  of  ......       502 

repair  and  maintenance  of  certain  bridges  in      .  .  .  .  .518 

to  be  reimbursed  for  caring  for  certain  sick  poor         ....       520 

may  license  the  business  of  making  small  loans  .  .  .713 

relative  to  the  distribution  to,  of  franchise  taxes  of  business  corporations       731 

Citizens'  Electric  Street  Railway  Company,  to  pay  part  of  cost  of  repair  and 

reconstruction  of  a  certain  bridge  across  the  Merrimac  river  764 

City  charters  : 

Cambridge,  amended       ........        229,  312 

Chelsea,  amended  .........       524 

Fall  River,  amended  .  .  .  .  .  .  .  .71 

Gloucester,  amended       .........       719 

Haverhill,  amended         .........       542 

Maiden,  amended  .  .  .  .  .  .  .  '       .  .  .83 

Salem,  amended     ..........       454 

Springfield,  amended        .  .  .  .  .  .  .  .  .         41 

City  elections,  publication  of  ballots  for      .  .  .  .  .  .419 

Civil  government,  names  of  persons  connected  with     .....       935 

Civil  service  commission,  pay-rolls,  bills,  etc.,  of  persons  in  the  service  of  the 

city  of  Boston  to  be  certified  by         .  .  .  .  .  .156 

appropriation  for  salaries  and  expenses  of  .....         23 

Claims,  arising  from  the  death  of  certain  firemen,  appropriation  for  payment  of         13 
against  the  commonwealth,  prosecution  of,  in  the  superior  court          .       248 
preferred,  against  insolvent  domestic  fire  insurance  companies,  rela- 
tive to 110 


1070 


Index. 


Clams,  to  pepmit  the  digging  of,  on  tlic  Lord's  day 
Clasen,  Anny  M.,  in  favor  of      . 

Clerical  assistance,  to  the  register  of  probate,  county  of  Plymouth 
to  the  register  of  probate,  county  of  Hampshire 
to  the  register  of  probate,  county  of  Bristol 
to  the  register  of  probate,  county  of  Berkshire 
to  the  clerk  of  the  second  district  court  of  eastern  Middlesex 
to  the  treasurer  of  the  county  of  Hampden 
to  the  treasurer  of  the  county  of  Worcester 
to  the  register  of  probate,  county  of  Essex 
to  the  municipal  court  of  the  West  Roxbury  district 
to  the  register  of  probate,  etc.,  county  of  Suffolk 
to  the  municipal  coiu't  of  Boston      ..... 

to  the  Boston  juvenile  court    ...... 

to  the  municipal  court  of  the  Roxbury  district 
Clerk,  of  the  executive  department,  appointment  of     . 
Clerks  of  courts,  list  of     .......  . 

Coal,  coke  and,  law  relative  to  the  sale  of,  amended 

Coast  artillery  corps,  of  the  militia,  instruction  for 

Cocaine,  to  prohibit  the  manufacture  and  sale  of  .  .  . 

Cohasset  Water  Company,  charter  amended         .... 

Coke  and  charcoal,  law  relative  to  the  sale  of,  amended 
Coke  and  coal,  law  relative  to  the  sale  of,  amended 
Collateral  legacies  and  successions,  certain  property  exempt  from   taxation 
under  the  law  relative  to  ..... 

Collateral  security,  certain  bonds  and  stocks  held  as,  returns  of,  by  corporations 
Collectors  of  taxes,  may  allow  persons  arrested  for  non-payment  of  taxes  to 
go  free  for  a  certain  period        ...... 

to  furnish  to  applicants  a  statement  of  ta.xes,  etc.,  constituting  Hen: 
on  real  estate  ........ 

deputy,  women  may  be  appointed  as         ....  . 

College : 

American,  for  Cirls  at  Constantinople  in  Turkey,  Trustees  of,  incorpo 
rated       ......... 

Boston,  Trustees  of,  charter  amended        .... 

Massachusetts  Agricultural,  appropriations  for 

printing  the  rc^port  of  ...... 

free  scholarships  in,  etc.        ...... 

to  provide  for  a  target  range  at     . 

certain  courses  and  expenses  at     . 

to  provide  for  deficiencies  in  appropriations  for 

repairs  and  improvements  at         ....  . 

relative  to  ........ 

WiUiams,    the   Alplia  Theta  Chapter  of  Clii    I'si    Fraternity   in,   may 
hold  additional  real  estate  ..... 

Columbia  road,  in  Boston,  relative  to  the  construction  of  a  boulevard  from 
to  the  Neponset  river        ...... 


Index. 


1071 


Combinations,  to  limit  or  restrain  tlie  sale  of  certain  commodities  declared 

illegal 409 

Commerce  and  industry,  relative  to  the  report  of  the  commission  on   803,808,810,851 
Commission,  temporary,  to  revise  the  laws  relating  to  insane  persons,  appoint- 
ment of    .         .                                         •                                          •  820 
on  the  improvement  of  the  metropolitan  district,  relative  to         .          .  860 
on  old  age  insurance  and  pensions,  expenses  of            ....  855 

on  probation   appointment  of            .......  423 

on  revision  of  laws  relating  to  savings  banks,  relative  to  printing  the 

report  of          ......•■•          •  814 

on  revision  of  laws  relating  to  taxation,  relative  to  printing  report  of    .  807 
Commissions.     (See  "  Boards  and  Commissions.") 

Commissions,  unpaid,  may  be  compensated  for  expenses       ....  506 

Committee  hearings,  publication  of  bulletin  of     .          .          .          .          .          .  801 

Common  landing  places,  in  towns,  relative  to      .....          .  714 

Commutation  tickets,  etc.,  on  railroads,  relative  to       .          .          .          .          .  778 

Concealed  weapons,  relative  to  the  carrying  of    .          .          .          .          .          .  301 

Concerts,  band,  towns  may  appropriate  money  for       .....  249 

to  be  furnished  in  places  under  the  control  of  the  metropolitan  park 

commission      ..........  285 

Conciliation  and  arbitration,   board  of,   appropriations  for  salaries  and  ex- 
penses of          ..........  24 

may  approve  plans  for  compensation  to  injured  employees           .          .  443 

Conden.sed  milk,  etc.,  certain  provisions  of  law  not  applicable  to           .          .  539 
Confiscated  weapons,  disposition  of    .          .          .          .          .          .          .          .571 

Congregational  Sunday  School  and  Publishing  Society,  relative  to  meetings  of  .  125 

Congress,  list  of  members  of,  from  Massachusetts         .....  960 

Connecticut,  state  of,  boundary  line  between  the  commonwealth  of  Massa- 
chusetts and,  established  .  .  .  .  .  .  .141 

Connecticut  river,  building  of  structures  in,  at  Springfield               .                     .541 
construction  of  a  dam  across,  between  the  towns  of  Gill  and  North- 
field        566 

Conservators,  of  the  property  of  aged  persons,  trust  companies  may  be  ap- 
pointed as        ........          .           86,  458 

Constantinople,  in  Turkey,  Trustees  of  the  American  College  for  Girls  at,  in- 
corporated      ..........  208 

Contagious  di,seases,  the  city  of  Fall  River  may  establish  hospitals  for          .  63 

among  cattle,  etc.,  appropriation  for  exterminating    ....  38 

Controller  of  county  accounts,  appropriations  for  salary  and  expenses  of        .  31 

Conventions,  certain,  delegates  to,  to  be  compensated  for  expenses        .          .  506 

political,  law  relative  to,  amended    .......  378 

Copyist,  of  the  second  district  court  of  Bristol,  salary  established            .          .  302 
Corporation  clerk,  in  the  office  of  the  secretary  of  the  commonwealth,  salary 

established      ..........  450 

Corporations,  relative  to  the  change  of  names  of  .  .  .  .  .118 

certain,  filing  and  recording  certificates  of           ....         162,  326 

law  relative  to  auditors,  etc.,  of,  amended          .....  262 


1072 


Index. 


Corporations  —  cnududed. 

penalties  on,  for  failure  to  make  certain  returns 

returns  by,  of  certain  bonds,  etc.,  held  as  collateral  security 

business,  changes  in  officers  of  ....  . 

to  prohibit  the  making  of  political  contributions  by 

distribution  of  the  franchise  taxes  of      . 
domestic,  abatement  of  unpaid  taxes  of    . 

fraternal  beneficiaiy,  certain,  may  make  contracts  of  reinsurance 
public  service,  certain  officers  exempt  from  provisions  of  law  relating 

to 

railroad,  charges  for  storage  of  baggage  by         ...  . 

Corporations  created  by  the  general  court  of  1908: 

American  College  for  Girls  at  Constantinople  in  Turkey,  Trustees  of 
Bacon  Free  Library         .... 
Belchertown  Fire  District 
Blandford  Fire  District  .... 
Cathedral  Church  of  the  Diocese  of  Massachusetts 
Engelbrekt  Society,  Incorporated 
Falmouth  Land  Company 
First  Parish  Cemetery  Association  of  Norwell 
Franklin  Foundation       .  .  . 

Haverhill  Agricultural  Society 
Italian  American  Savings  Bank  of  Boston 
Jacob  Sears  Memorial  Library 
Lake  Pleasant  Water  Supply  District 
Long  Hill  Cemetery  Association 
Lowell  Funeral  Association 
Magnolia  Wharf  Corporation   . 
Pinehurst  Cemetery  Association 
Sagamore  W^ater  Company 
St.  Paul's  Church  in  Nantucket 
Watertown  Home  for  Old  Folks 
Whitman  Board  of  Trade  Corporation 
AVorcester  Foresters  of  America  Building  Association 
Corrupt  practices  in  elections,  law  relative  to.  amended 
Cotuit  harbor,  in  Barnstable,  improvement  of      . 
Counties  : 

Barnstable,  tax  granted  for     ..... 
Berksliire,  appointment  of  a  special  judge  of  probate  in 

county  commissioners  of,  to  have  copies  made  of  certain  records  in  the 
registry  of  deeds      ..... 

clerical  assistance  to  the  register  of  probate  of 

the  Mount  Everett  Reservation  established  in 

to  provide  for  certain  state  highways  in 

tax  granted  for  ...... 

Bristol,  may  take  land,  etc.,  for  the  purpose  of  erecting  thereon  a  court 
house  in  the  city  of  Fall  River 

clerical  assistance  to  the  register  of  probate  of 


Index. 


1073 


Counties  —  concluded.  page 
Bristol,  county  commissioners  of,  may  take  land  in  New  Bedford  for 

registry  of  deeds  building,  and  may  erect  a  building  thereon          .  316 

tax  granted  for  .          .          .          .          .          .          .          .          .          .  824 

Dukes  County,  tax  granted  for          ......          .  825 

Essex,  sessions  of  the  probate  court  in      .....          .  161 

to  pay  to  the  city  of  Lynn  an  annual  rental  for  the  premi.ses  occu- 
pied by  the  police  court.                                .          .          .                     .  303 

further  payment  by,  toward  extending,  etc.,  Sea  street  in  Lynn        .  315 

clerical  assistance  to  the  register  of  probate  of         ...          .  322 

appointment  of  an  additional  judge  of  probate  and  insolvency  for    .  503 
the  county  commissioners  of,  to  construct  an  approach  to  the  new 

bridge  over  tlie  Merrimac  river  in  Haverhill         ....  562 

to  pay  first  cost  of  repair  and  reconstruction  of  a  certain  bridge  over 

the  Merrimac  river  .........  764 

tax  granted  for  ..........  823 

Franklin,  tax  granted  for         ........  832 

Hampden,  appointment  of  a  special  judge  of  probate  in      .  .  .77 

clerical  assistance  to  the  treasurer  of     .  .  .  .  .  .301 

tax  granted  for  ..........  833 

Hampshire,  clerical  assistance  to  the  register  of  probate  of            .          .  285 

salary  of  the  sheriff  established     .......  390 

tax  granted  for  ..........  827 

Middlesex,  tax  granted  for       ........  828 

Nantucket,  to  regulate  the  use  of  automobiles  in         ...          .  427 

Norfolk,  salary  of  the  sheriff  established   ......  392 

tax  granted  for  .........         830,  841 

Plymouth,  may  take  land  for  a  house  of  correction,  etc.      .          .          .  101 

clerical  assistance  to  the  register  of  probate  of         .                     .          .  282 

tax  granted  for  ..........  835 

Suffolk,  second  assistant  register  of  probate  and  insolvency  for,  ap- 
pointment of  .                     .          .          •                     .          .                     •  167 
superior  court  for,  salaries  of  assistant  clerks  of,  to  be  paid  bi-weekly  .  218 
clerical  assistance  to  the  register  of  probate  of         .          .          .          .  34 1 

relative  to  medical  examiners  of  .          .          .          .          .          .          .  374 

enlargement  of  the  court  house  in           ....          .         160,  642 

second  assistant  register  of  deeds  for,  appointment  of      .          .          .  729 
Worcester,  the  town  of  Dana  made  a  part  of  the  first  medical  examiner 

district  of 99 

treasurer  of,  to  receive  and  invest  funds  for  the  preservation,  etc.,  of 

the  General  Charles  Devens  statue     ......  147 

sittings  of  the  probate  court  for    .......  105 

nomination  of  a  senator  from  the  first  senatorial  district  of      .          .  298 

clerical  assistance  to  the  treasurer  of      .          .          .          .          .          .  302 

relative  to  the  |alary,  etc.,  of  the  sheriff  of     .          .          .          .          .  341 

provisions  affecting  certain  cities  and  tbwns  in        ...          .  568 

may  acquire  land  for  county  purposes  ......  717 

tax  granted  for  .  .  .  .  .  .  .  .  .  .831 


1074 


Injjex. 


PAGE 

County  bonds,  etc.,  certain,  exempt  from  taxation       ....        423,  632 

County  commissioners,  relative  to  meetings  of     .  .  .  .  .  .       380 

duties  of,  in   the  alteration  of  crossings    ......       504 

relative  to  the  repair  and  maintenance  of  certain  bridges  .  .       518 

relative  to  common  landing  places  ......       714 

County  treasurers,  temporary,  appointment  of    .  .  .  .  .  .       339 

Court,  Boston  juvenile,  clerical  assistance  for       ......       416 

Court,  district,  the  fourth,  of  Bristol,  erection  of  a  building  for,  at  Attle- 
borough  ......... 

second,  of  Bristol,  salary  of  the  copyist  of,  established     . 
second,  of  eastern  Middlesex,  clerical  assistance  for 
land,  retirement  of  judges  of   . 
mimicipal,  of  Boston,  appointment  of  pro  tempore  officers  of 

af)pointment  of  a  sixth  assistant  clerk  for  .... 

clerical  assistance  to  ......  . 

of  the  Roxbury  district,  clerical  assistance  to  .  .  . 

of  the  West  Roxbury  district,  clerical  assistance  to 
police,    of   Lawrence,    establishing   the   salaries   of   the    justices   and 
clerks  of         .........  . 

of  Lynn,  to  provide  increased  accommodations  for 
of  Springfield,  to  provide  an  additional  probation  officer  for 
probate,  may  convey  property  of  person  under  guardianship  to  wife 
or  child  of  such  person      ....... 

county  of  Essex,  sessions  of  ...... 

county  of  Worcester,  sittings  of    . 
superior,  prosecution  in,  of  claims  against  the  commonwealth 

may  order  employers,  in  cases  of  injured  employees,  to  permit  in 
spection  of  works  or  machinery,  etc.  .... 

jurisdiction  of,  in  the  enforcement  of  the  law  n>lative  to  the  inspec 
tion  of  buildings       ........ 

county  of  Suffolk,  salaries  of  assistant  clerks  of,  to  be  paid  bi-weekly 
supreme  judicial,  relative  to  reporting  decisions  of      . 
Court  house,  for  district,  police  and  juvenile  courts,  in  the  county  of  Bristol 
construction  of,  in  Fall  River    ...... 

in  the  county  of  Suffolk,  relative  to  the  enlargement  of       .  .         ] 

Courts,  assistant  registers  of,  to  be  furnished  with  a  copy  of  the  blue  book 

insolvency,  certain  moneys  on  deposit  with  the  registers  of,  to  be  paid 
to  the  treas<irer  and  receiver  general  .... 

certain,  may  appoint  probation  officers  for  children    . 
supreme  judicial  and  superior,  relative  to  exceptions  in 

jurisdiction  of,  in  restraining  the  violation  of  certain  provisions  of 
law  conccniing  electric  power  companies    .... 

police,  district    and    municipal,  women    may  be    appointed   assistant 

clerks  of 249 

relative  to  the  place  of  return  of  writs,  etc.,  issuing  from  .  .       294 

to  liave  jurisdiction  in  the  enforcement  of  the  law  relative  to  the 

ins{)ection  of  buildings      .....•••       335 


92 
302 
301 
132 
140 
366 
388 
431 
340 

284 
303 
140 

56 
161 
165 

248 

325 

335 

218 
306 

102 
60,  642 
128 

125 
758 
31,  467 

735 


Index. 


1075 


Cream,  milk  and,  street  railway  companies  may  transport    . 
Crossings,  of  a  railroad  anil  a  public  way,  duties  of  county  commissioners 
relative  to        .  .  .  .  .  . 

Crowell,  Edgar  P.,  in  favor  of  . 

Cuttyhunk,  in  the  town  of  Gosnold,  improvement  of  the  harbor  of 


PAGE 

235 

504 

818 
859 


D. 

Dairy  bureau,  increase  in  the  annual  appropriations  for         .          .          .          .  365 

Dana,  town  of,  included  in  the  first  medical  examiner  district  of  the  county 

of  Worcester   ..........  99 

Danvers,  town  of,  rate  of  interest  on  certain  water  loan  bonds  of  .  .107 

Danvers  insane  hospital,  appropriation  for  the  maintenance  of      .  .  .46 

improvements  at    .........          .  844 

Davis,  Thomas  L.,  in  favor  of  the  widow  of         .          .          .          .          .          .  853 

resolutions  on  the  death  of       .......          .  863 

Deaf  Mutes,  the  New  England  Industrial  School  for,  authorizing  an  appro- 
priation for      ..........  806 

Decisions,  of  the  supreme  judicial  court,  relative  to  the  reporting  of        .          .  306 

Deeds,  registers  of,  law  relative  to  certain  fees  of,  amended  ....  315 

Deer,  law  relative  to  the  protection  of,  amended           .....  323 

Deer  island,  in  the  town  of  Amesbury,  repair  or  reconstruction  of  the  bridge 

over  the  Merrimac  river  between  Newburyport  and      .          .          .  763 

Deer  island  pumping  station,  to  provide  for  an  extension  at          .          .          .  521 

Deficiencies  in  1907,  appropriations  for       .          .          .          .          .          .5,  25,  224 

Delegates,  to  certain  national  conventions,  to  be  compensated  for  expenses     .  506 

Dennis,  town  of,  the  Jacob  Sears  Memorial  Library  incorporated  in        .          .  214 

improvement  of  Sesuit  harbor  in      ......          .  522 

Dentistry,  law  relative  to  the  practice  of,  amended      .....  255 

board  of  registration  in,  appropriations  for         .....  30 

Department  of  the  Gulf,  memorial  shaft  to  be  erected  to  the  men  who  lost 

their  lives  in,  during  the  civil  war      ......  813 

Deposits,  taking  of,  by  certain  banks,  associations,  etc.         ....  448 

Depreciation  funds,  of  gas  and  electric  light  plants,  uses  of  .          .          .          .  440 

Deputies,  the  secretary  of  the  commonwealth  may  appoint             .          .          .  528 

of  the  commissioners  on  fisheries  and  game,  relative  to  the  powers  of  .  216 

to  extend  the  authority  of    .          .          .          .          .          .          .          .  366 

Deputy  auditor,  appointment  of         .......          .  635 

Deputy  collectors  of  taxes,  women  may  be  appointed  as        ...          .  207 

Detective  department,  of  the  district  police,  additional  member  of          .          .  137 

to  provide  for  an  additional  stenographer  in       .         • .          .          .          .  434 

Devens,  General  Charles,  care  of  the  funds  for  the  preservation,  etc.,  of  the 

statue  of          .          .          .          .          .          .          .          .                    .  147 

Dike,  across  Herring  river  in  Wellfleet,  relative  to  the  construction  of           .  135 

Diocese  of  Massachusetts,  the  Cathedral  Church  of,  incorporated  .          .          .  129 
Disallowed  exceptions,  in  the  supreme  judicial  court,  relative  to  petitions  for 

the  establishment  of          .......          .  467 


1076 


In^dex. 


Disbursing  officers,  of  certain  state  institutions,  relative  to  advances  to,  etc.  132, 
Discrimination,  in  tlie  sale  of  certain  commodities,  relative  to        .  .  . 

of  premiums,  for  policies  issued  by  certain  insurance  companies,  pro- 
hibited  .......... 

Diseases,  certain,  to  prohibit  the  advertisement  of  information  concerning 
District  attorneys,  list  of  ........ 

duties  of,  in  cases  of  illegal  restraint  in  the  sale,  etc.,  of  certain  com- 
modities ......... 

District  court,  fourth,  of  Bristol,  erection  of  a  building  for,  at  Attleborough 
second,  of  Bristol,  salary  of  copyist  established 
second,  of  eastern  Middlesex,  clerical  assistance  for    . 
District  courts,  etc.,  relative  to  return  of  writs,  etc.,  issuing  from 
certain,  may  appoint  probation  officers  for  children    . 
to  have  jurisdiction  in  the  enforcement  of  the  law  relative  to  the  in 
spcction  of  buildings         ....... 

women  may  be  appointed  assistant  clerks  of      . 
District  police,  appropriations  for  salaries  and  expenses  of    . 

members  of,  may  carry  badges  and  weapons      .... 

additional  member  of  the  detective  department  of      . 
chief  of,  may  license  the  use  of  certain  buildings  as  theatres  or  pviblic 
halls       .......... 

relative  to  age  limit  for  eligibility  to  appointment  in  the  inspection  de 
partment  of     ........  . 

to  define  the  powers  and  duties  of  the  inspectors  of  factories  and  public 
buildings  in  tlie  department  of  ..... 

to  provide  for  an  additional  stenographer  in  the  detective  department 

of 

inspection  department  of,  relative  to  appeals  from  orders  of  members 

of 

dutie.s  of,  relative  to  the  sale  of  paint,  turpentine,  etc. 

relative  to  the  use  of  the  cinematograph         .... 

relative  to  the  arrest  and  care  of  tramps         .... 

to  provide  for  investigation  work  and  apparatus  in  the-  boiler  inspec- 
tion de})artment  of  . 
District  police  ofiicers,  special,  officers  of  the  state  farm  may  be  appointed  as 
Dividends,  in  mutual  fire  insurance  companies,  distribution  of 
Documents,  public,  appropriations  for  printing  and  binding 

care  and  custody  of,  by  cities  and  towns  ..... 

distribution  of,  to  cities  and  towns  ...... 

printing  and  distribution  of     ......  . 

report  of  the  trustees  of  the  Massachusetts  Agricultural  College,  rcla 
tive  to  the  printing  of       ......  . 

report  of  the  bureau  of  statistics  of  labor,  relative  to  the  printing  of 
report  of  the  bank  commissioner,  number  of  copies  to  be  printed 
Dog  officers,  in  certain  cities,  relative  to  the  compensation  of 
Dogfish,  investigation  and  experiments  to  be  made  relative  to 
Dogs,  relative  to  certificates  of  the  spaying  of     . 


PAGE 

146 
409 


Index. 


1077 


Doherty,  Thomas  F.,  the  city  of  Boston  may  pay  a  sum  of  money  to  the 

widow  of  ....  . 

Domestic  corporations,  abatement  of  unpaid  taxes  of 
Domestic  fire  insurance  companies,   insolvent,   relative   to  preferred   claims 

against  ...... 

Domestic  insurance  companies,  assistant  secretaries  of,  may  sign  policies 

Domestic  water  supplies,  protection  of 

Dorchester  bay,  appropriation  for  dredging 

Draper  Hall  Stable  Company,  reimbursed  for  the  loss  of  a  horse 

Drugs,  food  and,  adulterated,  relative  to  the  sale  of 

Dukes  County,  tax  granted  for 

Dummer  Academy,  Trustees  of,  may  borrow  money  for  certain  purposes 


745 
162 

110 
429 
502 
10 
819 
200 
825 
343 


E. 

East  Bay  harbor,  at  Osterville,  improvement  of            .....  849 

East  Boston,  development  of  the  railroad  and  water  front  facilities  of   .           .  856 

East  Boston  sewerage  pumping  station,  to  provide  for  an  extension  at  .          .  521 

appropriation  for  restoring       ........  571 

East  Bridgewater,  town  of,  to  provide  a  water  supply  for  a  part  of          .          .  574 
Easthampton,  town  of,  acceptance  of  a  certain  act  by                      .          .          .112 

the  Trustees  of  the  Methodist  Episcopal  Church  of,  may  convey  certain 

real  estate       ..........  748 

Economic  Life  Insurance  Society,  charter  amended      .....  204 

Edgartown,  town  of,  shooting,  etc.,  of  wild  fowl  in  the  waters  of  .          .          .  289 

Edison  Electric  Illuminating  Company  of  Boston,  The,  provision  affecting    .  490 

Education,  board  of,  appropriations  for  salaries  and  expenses  in  the  office  of  .  73 

to  provide  for  agricultural  education  in  the  normal  school  at  North 

Adams   ...........  217 

Educational  expenses,  appropriations  for    .  .  .  .  .  .73 

Eighth  regiment,  of  the  militia,  payment  to  company  L  of,  for  certain  prop- 
erty taken  by  the  commonwealth       ......  816 

Election  law,  amendments  to    .  .  61,  298,  339,  373,  376,  378,  419,  468 

Elections,  state  and  city,  publication  of  ballots  for       .  .  .  .  .419 

Elections,  relative  to  corrupt  practices  in    .  .  .  .  .  .  .61 

Electric  light  companies,  etc.,  purchase  and  sale  of       .          .          .          .          .  488 

increase  of  capital  stock  by      .......          .  494 

Electric  light  company,  term  defined          .......  488 

Electric  power  companies,  relative  to           .......  734 

Electric  railroad  companies,  certain  provisions  of  law  relative  to  the  manu- 
facture and  sale  of  electricity  extended  to             ....  168 

protected  from  unlawful  use  or  diversion  of  electricity,  etc.           .          .  204 

the  metropolitan  park  commission  may  grant  locations  to             .          .  263 

law  relative  to,  amended          ........  401 

Electricity,  relative  to  the  manufacture  and  sale  of      .                     .                     .  168 

to  protect  corporations  and  municipahties  from  imlawful  use  or  diver- 
sion of    ........-•          •  204 


1()78  Index. 


FAOB 


Elevated  railway  companies,  transportation  of  school  children  by           .          .  490 

Employees,  injured,  to  provide  for  protecting  the  interests  of        .          .          .  325 

to  provide  plans  for  compensation  to     .          .          .          .          .          .  443 

in  penal  institutions,  hours  of  labor  of       .....          .  507 

public,  weekly  payment  of  wages  to          ......  779 

of  railway  companies,  law  relative  to  liability  for  injuries  to,  amended  370 
of  a  railroad  corporation,  assumption  of  risk  by                               .          .519 
Employers'  liability  business,  relative  to  the  transaction  of,  by  mutual  insur- 
ance companies         .........  60 

Employers'  liability  law,  relative  to  bringing  actions  under  ....  415 

Employment,  relative  to  advertisements  concerning     .....  161 

information  to  be  furnished  relative  to  the  demand  for        .          .          .  267 

Employment  offices,  free,  law  relative  to,  amended      .....  438 

Engelbrekt  Society,  incorporated        ........  82 

English  pheasants,  to  establish  a  close  season  for,  etc.           ....  432 

Engrossing  clerk,  in  the  office  of  the  secretary  of  the  commonwealth,  salaiy 

established       ..........  460 

Epileptics,  hospital  for,  improvements  at    .          .          .          .          .          .          .  854 

appropriation  for  the  maintenance  of         ......  44 

to  provide  for  the  support  of  feeble-minded  inmates  of,  by  the  com- 
monwealth     ..........  747 

Erving,  town  of,  a  dam  may  be  constructed  across  the  Connecticut  river 

between  the  town  of  Gill  and    .......  566 

Essex  county,  sessions  of  the  probate  court  in     .  .  .  .  .161 

further  payment  by,  toward  extending,  etc.,  Sea  street  in  Lynn     .          .  315 
to  pay  to  the  city  of   Lynn  an  annual   rental  for   the    premises  fur- 
nished by  that  city  for  the  police  court     .....  303 

clerical  assistance  to  the  register  of  probate  of  .          .          .          .          .  322 

appointment  of  an  additional  judge  of  probate  and  insolvency  for        .  503 
the  county  commissioners  of,  to  construct  an  approach  to  the  new  bridge 

over  the  Merrimac  river  in  Haverhill           .....  562 

to  pay  first  cost  of  repair  and  reconstruction  of  a  certain  bridge  over 

the  Merrimac  river  .          .                    .          .          .                    .          .  764 

tax  granted  for       ..........  823 

Essex  river,  improvement  of      ........          .  853 

Exceptions,  in  the  supreme  judicial  and  superior  courts,  relative  to        .         131,  467 

Executive  department,  appropriations  for             ......  6 

establishing  the  salaiy  of  the  assistant  messenger  in  .          .          .          .  451 

appointment  of  a  clerk  of         .......          .  460 

establishing  the  salary  of  the  stenographer  of    .          .          .          .          .  502 

list  of  persons  connected  with          .......  937 

Expectoration,  prohibition  of,  in  public  places,  law  relative  to,  amended          .  1 10 

Expenditures,  by  heads  of  departments,  etc.,  relative  to       .          .          803,  812,  817 

Experiment  station,  the  agricultural,  repairing  and  refitting  buildings  at          .  838 

Explosives,  law  relative  to  the  keeping  and  storage  of,  amended  .          .          .  456 

regulating  the  use  of,  on  railways     .......  450 

Express  business,  upon  railroads,  etc.,  to  extend  the  authority  of  the  railroad 

commissioners  relative  to           .......  637 


Index. 


1079 


PAOE 

Express  companies,  law  relative  to  taxation  of,  amended      .  .  .         145,  733 

Extraordinary  expenses,  increasing  the  amount  allowed  to  the  governor  and 

council  for       ..........       509 

Eye  and  Ear  Infirmary,  the  Ma.s.sachusetts  (Charitable,  in  favor  of   .  .  .       807 

provision  affecting  .........       391 


riation  for  tlie  mainte 


F. 

Factories  and  public  buildings,  inspectors  of,  to  define  the  powers  and  duties 

of 

Factories  and  workshops,  protection  of  the  purity  of  water  used  in 
Fall  River,  city  of,  may  borrow  money  for  establishing  hospitals  fur  con 
tagious  diseases        .... 

relative  to  municipal  elections  in 

relative  to  the  erection  of  a  court  house  in 

report  of  the  park  commissioners  of 

relative  to  certain  department  funds  of     . 

the  First  Baptist  Society  of,  may  remove  certain  human  remains 

removal  of  human  remains  from  a  certain  burial  ground  in 

may  raise  money  for  the  use  of  the  Bradford  Durfee  Textile  School 
Falmouth,   town  of,   construction  of  a  breakwater  at  the   mouth  of  Wild 

harbor  in         ....  . 

Falmouth  Land  Company,  incorporated 
Farm  pond,  in  Sherborn,  relative  to  . 
Feeble-Minded,  the  Massachusetts  School  for,  approf 
nance  of  ..... 

inmates  of,  to  provide  for  the  support  of,  by  the  common wealtli 
Feeble-minded  persons,  support  of     . 
Fees,  for  filing  and  recording  certificates  of  certain  corporations    . 

of  town  clerks,  for  marriage  certificates,  law  relative  to,  amended 

of  registers  of  deeds,  law  relative  to,  amended  .... 

Fernald,  Fred  A.,  justice  of  the  peace,  acts  confirmed  .... 

Fidelity  insurance,  companies  doing  the  business  of,  may  also  do  a  liability 
insurance  business    ........ 

Fifty-six  hour  law,  so-called      ........ 

Fines,  in  prosecutions  under  laws  relating  to  fisheries,  etc.,  disposition  of 
Fire,  protection  of  forest  or  sprout  lands  from     ..... 

Fire  District,  the  Belchertown,  established  ..... 

the  Blandfoi'd,  established        ....... 

the  Huntington,  additional  water  supply  for      .... 

the  North  Chelmsford,  may  make  an  additional  water  loan 

the  Number  One,  of  Greenfield,  the  town  of  Greenfield  may  acquire 
the  franchise,  etc.,  of         ...  . 

the  Wareham,  to  protect  the  water  supply  of  . 
Fire  district  bonds,  etc.,  certain,  exempt  from  taxation 
Fire  districts,  relative  to  by-laws  of  . 

protection  of  sources  of  water  supply  in    . 
Fire  insurance,  in  unauthorized  companies,  law  relative  to,  amended 


162, 


335 

285 

63 

71 

102 

207 

282 
292 
784 
840 

862 

84 

426 

43 

747 
747 
326 
90 
315 
843 

505 
768 
288 
155 
269 
241 
629 
239 

459 
115 
632 
70 
452 
121 


1080 


Index. 


Fire  insurance  companies,  domestic,  insolvent,  relative  to  preferred  claims 
against  .......... 

mutual,  distribution  of  dividends  in  ..... 

Firemen,  appropriation  for  payment  of  claims  arising  from  the  death  of  cer 
tain         .......... 

Firemen's  Association,  the  Massachusetts  State,  appropriation  for 
First  Baptist  Society,  of  Fall  River,  may  remove  certain  human  remains 
First  medical  examiner  district,  county  of  Worcester,  the  town  of  Dana  in- 
cluded in         ........  . 

First  Parish  Cemetery  Association  of  Norwell,  incorporated 
First   IJniversalist  Society  of  Middleton,  may  sell  and  convey  certain  real 
estate     .......... 

First  Worcester  senatorial  district,  nomination  of  a  senator  from 
Fisheries,  to  abolish  the  bounty  on  seals     ...... 

relative  to  fishing  on  the  Lord's  day  ..... 

to  authorize  the  digging  of  clams  on  the  Lord's  day  . 

relative  to  the  taking  of  scallops       ...... 

taking  of  herring  in  certain  waters  by  means  of  torches,  etc. 

disposition  of  fines  recovered  in  prosecutions  under  laws  relating  to 

to   prohibit  the   having  in   possession   pike   perch  caught  in  certain 
waters,  during  a  portion  of  the  year  .... 

relative  to  the  use  of  seines  for  taking  herring  and  alewives 

an  investigation,  etc.,  to  be  made  relative  to  dogfish 
Fisheries  and  game,  commissioners  on,  appropriations  for  the  compensation 
and  expenses  of        .......  . 

relative  to  the  powers  of  ......  . 

to  extend  the  authority  of       ......  . 

to  make  an  investigation,  etc.,  relative  to  dogfish 
Fitchburg,  city  of,  to  provide  for  protecting  the  water  supply  of  . 
Fitchburg  normal  school,  improvements  at  ....  . 

construction  of  a  new  building  at     . 
Flag,  of  the  commonwealth,  to  define  ...... 

Flagg,  J.  Walter,  justice  of  the  peace  to  solenmize  marriages,  acts  confirmed 
Flanders,  Harriet  C,  in  favor  of         ......  . 

Floating  structures,  in  harbors,  etc.,  disposal  of  ...  . 

Food  and  drugs,  adulterated,  relative  to  the  sale  of      . 
Foreign  born  persons,  unnaturalized,  relative  to  hunting  by 
Foreign  countries,  relative  to  persons  engaged  in  selling  tickets  for  transpor 
talion  to  ........  . 

Forest  lands,  to  provide  for  the  purchase  of,  etc.  .... 

Forest  or  sprout  lands,  protection  of,  from  fire    ..... 

Forest  wardens,  duties  of,  under  the  act  to  protect  forest  lands,  etc.,  from  fire 
Forester,  state,  duties  of,  under  the  law  to   provide  for   the   protection   of 
forest  lands,  etc.,  from  fire        ...... 

may  expend  a  certain  svmi  annually  in  the  jiurchase  of  forest  land,  eto 

sale  of  publications  of     .......  . 

Foster,  John,  in  favor  of  . 

Fourth  district  court  of  Bristol,  erection  of  a  building  for,  at  Attleborough 


Index. 


1081 


Fourth  of  July,  relative  to  appropriations  of  money  for  celebrating 
Fox,  Ella  Tate,  in  favor  of         ......  . 

Foxborough  state  hospital,  appropriation  for  the  maintenance  of 
Framingham,  town  of,  relative  to  the  state  armory  in 
Framingham  Hospital,  to  enlarge  the  powers  of  ... 

Framingham  normal  school,  improvements  at      . 
Franchise  taxes,  of  business  corporations,  distribution  of 
Franklin,  town  of,  may  make  an  additional  water  loan 
Franklin  county,  tax  granted  for        ...... 

Franklin  Foundation,  incorporated    ...... 

Fraternal  beneficiary  corporations,  certain,  may  make  contracts  of  reinsur 

ance,  etc.         ........ 

Fraternities,  societies,  etc.,  to  prohibit  the  fraudulent  use  of  names,  titles,  etc. 

of 

Fraudulent  use  of  names,  titles,  etc.,  of  certain  fraternities,  prohibited 
Free  employment  offices,  law  relative  to,  amended 
Free  public  libraiy  commissioners,  appropriations  for  expenses  of 
Free  scholarships,  in  the  Massachusetts  Agricultural  College,  relative  to 
^Freight  car  service,  investigation  of  the  question  of      . 
French  King  Rapids  Power  Company,  incorporated 
Fresh  Pond  parkway,  appropriation  for  lighting 
Funeral  Association,  the  Lowell,  incorporated      .... 


PAGE 

65 
810 

43 
535 
117 
812 
731 

58 
832 
536 

421 

237 
237 
438 
24 
417 
848 
566 
768 
328 


G. 

Game: 

protection  of  gray  squirrels      ........  246 

disposition  of  fines  recovered  in  prosecutions  under  laws  relating  to         .  2S8 

shooting  of  wild  fowl  in  the  waters  of  the  town  of  Edgartown      .          .  289 

to  provide  for  the  protection  of  deer          ......  323 

purchase  and  sale  of  rabbits  and  hares  legally  killed  ....  364 

to  establish  a  close  season  for  ruffed  grouse,  woodcock  and  quail,  and 

to  regulate  the  sale  of  such  birds        ......  388 

to   prohibit   the   hunting,  etc.,   of   Mongolian,   Chinese,    English  and 

Golden  pheasants     .........  432 

to  provide  for  the  registration  of  hunters            .          .          .          .          .  437 

Gardner,  town  of,  boundary  line  between  Westminster  and            .          .          .  361 

boundary  line  between  Winchendon  and  ......  361 

Gas  Company,  the  Boston  Consolidated,  provision  affecting            .          .          .  490 

Gas  company,  term  defined       .........  488 

Gas  and  electric  light  commissioners,  appropriations  for  salaries  and  expenses  of  35 
duties  of,  relative  to  the  consolidation,  etc.,  of  gas  and  electric  light 

companies       ..........  488 

relative  to  the  expenses  of        .......          .  496 

relative  to  accommodations  for         .......  785 

duties  of,  relative  to  electric  power  companies  .....  734 

Gas  and  electric  light  companies,  purchase  and  sale  of,  etc.  ....  488 

increase  of  capital  stock  by      .......          .  494 


1082 


Index. 


PAGE 

Gas  and  electric  light  plants,  municipal,  uses  of  depreciation  funds  of   .  .       440 

Gas  Light  Company,  the  Ware,  may  convey  its  franchise,  etc.,  to  the  Otis 

Company         .  .  .  .  .  .  .170 

General  Charles  Devens  statue,  care  of  the  funds  for  the  preservation,  etc.,  of       147 

General  court,  appropriations  for  the  compensation  of  members  of,  etc.  .  3 

distribution  of  the  acts  and  resolves  of      .  .       430 

inaugural  address  of  the  governor  to  .....  .       86.'i 

special  messages  of  the  governor  to  .  .  .  .  .  .  .       893 

list  of  members  of  .........       938 

General  Laws,  tables  showing  changes  in    .  .  .  .       963 

Gill,  town  of,  a  dam  may  be  constructed  across  the  Connecticut  river  between 

the  town  of  Northfield  and         .......       5G6 

Girls,  American  College  for,  at  Constantinople  in  Tin-key,  Trustees  of,  incor- 
porated ..........       208 

Girls,  industrial  school  for,  appropriations  for  salaries  and  expenses  at  .  .       107 

improvements  at    .........  .       855 

Gloucester,  city  of,  relative  to  the  use  of  Stage  Fort  park  in  .  .  .131 

the  Magnolia  Wharf  Corporation  incorporated  in         ...  .       561 

to  amend  the  charter  of  .  .  .  .  .  .  .  .719 

relative  to  constructing  a  fishway  from  Niles  pond  in  .  .  .811 

Gloucester  harbor,  to  establish  a  part  of  the  harbor  line  of   .  .  .  .       455 

Golden  pheasants,  to  establish  a  close  season  for,  etc.  ....       432 

Goods,  to  make  uniform  the  law  relating  to  the  sale  of  .  .  .  .172 

Gosnold,  town  of,  improvement  of  Cuttyhunk  harbor  in       ...  .       859 

Governor,  inaugural  address  of  ........       865 

special  messages  of  .........       893 

Governor  and  council,  may  make  certain  payments  to  members  of  unpaid 

commissions,  etc.      .........       506 

increasing  the  amount  of  money  allowed  to,  for  extraordinary  expenses       509 
Grace  Methodist  Episcopal  Church,  in  Haverliill,  confirming  the  consolidation 

of  certain  churches  as        ......  .         150,  372 

Grade  crossings,  abolition  of,  relative  to  proceedings  in  .  .321 

to  define  the  powers  and  duties  of  auditors  in  proceedings  for      .  .       336 

duties  of  county  commissioners  relative  to  ....  .       504 

Grand  Army  of  the  Republic,  may  parade  with  music  on  memorial  Sunday    .       303 
Gray  squirrels,  protection  of      ........  .       246 

Green  Harbor,  in  Marslifield,  relative  to  tlie  improvement  of  .  .  .       572 

Greenfield,  town    of,    may    acquire    the    franchise,  etc.,  of    Greenfield    Fire 

District  Number  One        ........       459 

Greylock  state  reservation,  appropriation  for       .  .  .  .  .  .14 

marking  the  boundary  lines  of  ......  .       857 

Guardianship,  persons  under,  as  spendthrifts,  relative  to  the  property  of       .         56 
Gymnasimns,  etc.,  public,  may  be  maintained  by  towns        ....       339 

Gypsy  and  brown  tail  moths,  persons  engaged  in  suppressing,  may  enter  upon 

pul)lic  and  private  land     ........       627 

appropriation  for  the  suppr(>ssi()n  of  .....  .       632 

additional  copies  of  report  on,  to  be  printed       .....        814 


Index. 


1083 


H. 

Hampden  county,  appointment  of  a  special  judge  of  probate  in 

clerical  assistance  to  the  treasurer  of  ....  . 

tax  granted  for       ......... 

Hampden  county  training  school,  name  established      .... 

Hampshire  county,  clerical  assistance  to  the  register  of  probate  of 

salary  of  the  sheriff  established         ...... 

tax  granted  for       ......... 

Hanson,  Samuel,  in  favor  of  the  administrator  of  the  estate  of 

Harbor  line,  in  Gloucester  harbor,  established      ..... 

Harbor  master,  of  the  port  of  Boston,  to  extend  the  jurisdiction  of 
Harbor  and  land  commissioners,  appropriations  for  salaries  and  expenses  of 

may  expend  a  certain  sum  of  money  in  constructing  a  dike,  etc.,  across 
Herring  river  in  Wellfleet  ...... 

to  fix  the  elevation  of  high  water  in  Farm  pond  in  Sheiboin 

to  extend  the  breakwater  in  Vineyard  Haven  harbor 

to  have  charge  of  the  expenditure  of  an  appropriation  for  tlie  reclama 
tion  of  the  province  lands  ...... 

to  improve  Cotuit  harbor  in  Barnstable     .  .      •     . 

to  improve  Sesuit  harbor  in  Dennis  ..... 

duties  of,  relative  to  the  construction  of  a  wharf  at  Magnolia 

duties  of,  relative  to  the  construction  of  a  certain  dam  over  the  Connec 
ticut  river        ......... 

to  make  an  examination  of  Green  Harbor  in  Marshfield 

duties  of,  relative  to  the  disposition  of  certain  floating  structures  . 

to  tak(>  measures  to  preserve  an  ancient  boimdary  mark  between  Nortl 
Attleborough  and  Plainville        .... 

completion  of  the  work  of  dredging  Annisquam  river  by 

to  further  improve  the  channel  of  Ipswich  river 

to  improve  Rockport  harbor    ..... 

removal  of  a  ledge,  etc.,  by,  near  the  pier  at  Oak  BIutTs 

to  enlarge  the  channel  at  WoUaston  beach 

to  make  surveys,  etc.,  of  certain  harbors  and  rivers    . 

to  dredge  an  anchorage  basin  in  Winthrop  harbor 

to  dredge  an  anchorage  basin  in  Hingham  harbor 

to  dredge  an  anchorage  basin  in  Lynn  harbor    . 

to  further  improve  West  Falmouth  harbor 

to  improve  East  Bay  harbor  in  Osterville 

to  construct  a  wharf  at  Penikese  island     . 

to  further  improve  Witchmere  harbor  in  Harwich 

to  dredge  a  part  of  Weymouth  Fore  river 

to  report  on  the  feasibility  of  developing  the  railroad  and  water  front 
facilities  of  East  Boston   ..... 

to  improve  Cuttyhunk  harbor  .... 

to  construct  a  breakwater  at  the  mouth  of  Wild  harbor  in  I'almouth 
Hares,  etc.,  relative  to  the  purchase  and  sale  of  certain 


PAOE 

77 
301 
833 

72 
285 
390 
827 
809 
455 
566 

52 

135 
427 

486 

506 
507 
522 
561 

567 
572 
633 

813 
842 
844 
845 
845 
847 
846 
846 
847 
847 
848 
849 
850 
851 
853 

856 
859 
862 
364 


1084 


Index. 


PAOE 

Harwich,  town  of,  furtlier  improvement  of  Witchmere  harbor  in   .  .       S51 

Hassanamisco  tribe  of  Indians,  in  favor  of  a  descendant  of  .  .       80G 

Hathaway  Cemetery,  in  New  Bedford,  a  street  may  be  extended  through       .         96 
Haverhill,  citj^  of,  discontinuance  of  Lowell  avenue  in  ....        128 

relative  to  janitors  of  schoolhouses  in        .....  .       247 

consolidation  of  certain  churches  in,  ratified       ....         150,  372 

the  Haverhill  Agricultural  Society  incorporated  in,  etc.       .  .  72,  379 

may  borrow  money  to  pay  part  of  cost  of  constructing  a  bridge  o\'er 

the  Merrimac  river  .........       383 

to  amend  the  cliarter  of  ........       542 

construction  of  an  approach  to  tiie  new  bridge  over  the  Merrimac  river  in       562 
Haverhill  Agricultural  Society,  incorporated,  etc.  ....  72,  379 

Hawkers  and  pedlers,  relative  to  tlie  revocation  of  licenses  of        .  .  .154 

Hazard,  Arthur,  in  favor  of  the  administrator  of  the  estate  of        .  .  .       803 

Heads  of  departments,  etc.,  expenditures  by        ...  .  803,  812,  817 

Health,  state  board  of,  appropriations  for  salaries  and  expenses  in  the  office  of         51 
duties  of,  relative  to  water  used  in  factories,  etc.        ....       285 

duties  of,  relative  to  the  inspection  of  meat  and  provisions         .  363 

to  make  an  examination  of  Green  Harbor  in  Marshfield       .  .       572 

to  investigate  the  qu'estion  of  flooding  the  lands  bordering  Lake  Quan- 

napowitt  .  .  .  .  .  .  .  .  .  .716 

to  investigate  the  sanitary  condition  of  the  Merrimac  river  .  849 

Health,  boards  of,  in  cities  and  towns,  duties  of,  relative  to  the  inspection  of 

meat  and  provisions  ........       363 

duties  of,  relative  to  the  slaughter  of  animals  for  food  .  287 

Health  inspectors,  duties  of,  relative  to  the  slaughter  of  animals  for  food       .       287 
Hearings,  before  committees,  publication  of  bulletin  of  .  .  .  .801 

Heated  milk,  proper  marking  of  .......  .       538 

Hemenway,  James  H.,  in  favor  of      .......  .       806 

Henry  C.  Nevins  Home  for  the  Aged  and  Incurable,  charter  amended    .  .       344 

Herring,  not  to  be  taken  in  certain  waters  by  means  of  torches,  etc.       .  .       200 

taking  of,  by  the  use  of  seines  .......       448 

Herring  river,  in  Wellfleet,  construction  of  the  dike  across    .  .  .  .135 

High  schools,  in  small  towns,  state  aid  to  .  .  .  .  .       377 

Highway  commission,  appropriations  for  salaries  and  expenses  of  .  .       157 

improvement,  etc.,  of  ways  by,  in  certain  towns         ....       235 

relative  to  the  care  of  trees,  shrubs,  etc.,  by,  on  state  highways  .  .       259 

may  construct  a  state  highway  from  the  city  of  Pittsfield  to  the  town 

of  Becket 733 

may  use  certain  fees  in  the  maintenance  of  state  highways  .  .       706 

duties  of,  relative  to  the  operation  of  automobiles  .  .771 

to  provide  for  printing  additional  copies  of  the  report  of     .  .       837 

to  make  an  inventory,  etc.,  of  the  property  of  the  New  England  Tele- 
phone and  Telegraph  Company  ......       844 

to  consolidate  the  laws  relating  to  automobiles  and  motor  cycles  854 

Highways,  cities  and  towns  may  permit  hill-climbing  contests  by  automobiles 

on,  etc.,  under  certain  restrictions      ......       223 

cities  and  towns  may  permit  the  use  of  lunch  wagons  on     .  .  .       309 


IXDEX. 


1085 


Highways,  state,  relative  to  the  care  of  trees,  shrubs,  etc.,  on 
to  provide  for  certain,  in  the  county  of  Berkshire 
certain  fees  of  the  highway  commission  may  be  used  in  the  maintenance 

of 

Hill-climbing  contests,  by  automobiles,  etc.,  cities  and  towns  may  permit 
under  certain  restrictions  ...... 

Hillman,  Samuel,  in  favor  of     .......  . 

Hingham  harbor,  herring  not  to  be  taken  in,  by  means  of  torches,  etc. 

to  provide  for  dredging  an  anchorage  basin  in  . 
Historical  works,  of  Massachusetts  soldiers  in  the  civil  war,  law  relative  to  the 
purchase  of,  amended       ..... 

Holyoke,  city  of,  relative  to  the  board  of  water  commissioners  of 

Holyoke  and  Westfield  Railroad  Company,  to  confirm  a  contract  between 

the  New  Haven  and  Northampton  Company  and 
Home,  for  the  Aged  and  Incurable,  the  Henry  C.  Nevins,  charter  amended 
for  Old  Folks,  the  Watertown,  incorporated 
Soldiers',  appropriation  for      .... 

Trustees  of,  charter  amended 

in  favor  of       .....  . 

completion  of  the  hospital  building  at  . 
Hopedale,  town  of,  may  connect  with  the  sewerage  system  of  the  town  of 

Milford 

Horses,  certain,  owned  by  cities  and  towns,  disposition  of     . 
Hospital,  for  acute  and  curable  mental  patients,  in  the  metropolitan  district 
preparation  of  plans  for    . 
for  consumptives,  in  the  city  of  Boston,  the  trustees  of,  may  hire  beds 
in  private  hospitals  ....... 

for  epileptics,  appropriation  for  the  maintenance  of    . 

to  provide  for  the  support  of  feeble-minded  inmates  of,  by  the  com 
monwealth      ......... 

im.provements  at  .......  . 

Framingham,  to  enlarge  the  powers  of      . 

insane,  the  Danvers,  appropriation  for  the  maintenance  of 

improvements  at,         . 
insane,  the  Taunton,  appropriation  for  the  maintenance  of 

improvements  at  .......  . 

insane,  the  Westborough,  ajipropriation  for  the  maintenance  of 
in.sane,  the  Worcester,  appropriation  for  the  maintenance  of 
state,  appropriation  for  the  maintenance  of        ...  . 

a  certain  sum  may  be  advanced  to  the  superintendent  of 
the  Foxborough,  appropriation  for  the  maintenance  of 
the  Northampton,  appropriation  for  the  maintenance  of 
Hospital  Cottages  for  Children,  to  provide  for  the  support  of  feeble-miuikn 
inmates  of,  by  the  commonwealth    ..... 

Hospital  school,  the  Massachusetts,  appropriation  for  the  maintenance  of 
Hospitals,  records  of  certain,  to  be  admitted  as  evidence  in  court 
Hours  of  labor,  of  women  and  minors,  relative  to         ...  . 

of  employees  in  penal  institutions     ...... 


PAGE 

259 
733 

766 

223 
807 
260 

847 

203 
307 

634 
344 
90 
92 
148 
804 
852 

238 
98 

745 

165 

44 

747 
854 
117 

46 

844 

45 

845 

47 

47 

77 

132 

43 

45 

747 
67 
228 
768 
507 


1086 


Index. 


Housatonic  river,  relative  to  damage  caused  to  the  town  of  Sheffield  by  th 
construction  of  a  dam  across     ...... 

House  of  correction,  for  the  county  of  Plymouth,  to  be  constructed  in  the 
town  of  Plymouth  .  ...... 

House  of  representati\cs,  list  of  members  of        ....  . 

Hubbard,  Henry  W.,  justice  of  the  peace  to  solemnize  marriages,  acts  con 
firmed    .......... 

Hull  bay.  herring  not  to  be  taken  in,  by  means  of  torches,  etc. 

Humidifying  purposes,  relative  to  the  use  of  water  for 

Hunters,  to  provide  for  the  registration  of  ..... 

Hunters'  licenses,  to  certain  foreign  born  persons,  relative  to  granting     . 

Huntington,  town  of,  water  supply  for        ...... 

Huntington  Fire  District,  additional  water  supply  for 

Hyde  Park,  town  of,  may  borrow  money  for  sewerage  purposes     . 

Hyde  Park  avenue,  in  Boston,  improvement  of  . 


839 

101 
940 

805 
260 
285 
437 
344 
629 
629 
112 
386 


I. 

Ice,  snow  or,  relative  to  notices  of  injuries  resulting  from,  etc.       .          .  267 

Ice  cream,  relative  to  the  delivery  of,  on  the  Lord's  day       ....  297 

Inaugural  address  of  the  governor      ........  865 

Increase  of  capital  stock,  of  railroad  corporations  and  street  railway  com- 
panies, law  relative  to,  amended         ......  757 

Industrial  education,  commission  on,  appropriations  for  salaries  and  expenses 

of 224 

relative  to     ..........          .  540 

Industrial  school  for  boys,  established,  etc.           .....         759,  805 

Industrial  School  for  Deaf  Mutes,  the  New  England,  authorizing  an  appro- 
priation for      .........          .  806 

Industrial  school  for  girls,  appropriations  for  salaries  and  expenses  at        .          .  107 

improvements  at    .........          .  855 

Industrial  schools,  appropriation  for  the  maintenance  of       ....  741 

Infants,  vaccination  of,  repeal  of  law  relative  to            .....  293 

Inflammable   fluids,  law  relative  to  the  keeping  and  storage  of,  amended         .  456 

Injured  employees,  to  provide  for  protecting  the  interests  of          .          .          .  325 

to  provide  plans  for  compensation  to         .....          .  443 

of  railway  companies,  law  relative  to  liability  for,  amended          .          .  370 

Insane,  investigation  and  report  as  to  the  best  method  of  providing  for    .  .811 

state  colony  for,  appropriation  for  the  maintenance  of         .          .          .  45 

improvements  at          ........          .  848 

of  the  city  of  Boston,  care  of,  by  the  commonwealth            .          .          .  729 

Insane  asylum,  the  Medficld,  aj)pr()priation  for  the  maintenance  of         .  .44 

improvements  at          ........          .  855 

the  Worcester,  appropriation  for  the  maintenance  of            ...  49 

improvements  at          ........          .  861 

Insane  hospital,  the  Danvers,  appropriation  for  the  maintenance  of        .  .46 

improvements  at          ........          .  844 


Index. 


1087 


Insane  hospital,  the  Taunton,  appropriation  for  the  maintenance  of       .  .45 

improvements  at  ...•-...  .       845 

the  Westborough,  appropriation  for  the  maintenance  of      .  .  .47 

improvements  at  ........  .       849 

the  Worcester,  appropriation  for  the  maintenance  of  ...         47 

improvements  at  .  .  .  .  ■  .  •  .861 

Insane  persons,  to  provide  for  revising  the  laws  relating  to  .  .  .  .       820 

Insanity,  state  board  of,  appropriations  for  salaries  and  e.Kpenses  of      .  .48 

duties  of,  relative  to  the  care  of  the  insane  of  the  city  of  Boston  .       730 

to  prepare  plans  for  a  hospital  in  the  metropolitan  district,  for  certain 

mental  patients        .........       745 

investigation  and  report  by,  on  the  insane  .  .  .  .  .811 

Insolvency,  courts  of,  certain  moneys  on  deposit  with  the  registers  of,  to  be 

paid  to  the  treasurer  and  receiver  general  .....       125 

Insolvent   domestic  fire   insurance   companies,   relative  to   preferred   claims 

against  .  .  .  .  .  ■  .  .  ■  .  .110 

Inspection,  of  buildings,  law  relative  to,  amended         .....       162 

of  animals  killed  for  food,  relative  to         .....  .       286 

of  meat  and  provisions,  law  relative  to,  amended        ....       362 

of  steam  boilers,  relative  to      .......  .       531 

Inspection  department,  of  the  district  police,  relative  to  age  limit  in  appoint- 
ments to  .........  .       322 

Inspectors  of  animals,  one  to  be  a  veterinary  surgeon  ....       324 

Inspectors  of  factories  and  public  buildings,  may  grant  a  certificate  permitting 

the  use  of  certain  buildings  as  theatres,  etc.         ....       292 

to  define  the  powers  and  duties  of    .  .  .  .  .  .  .       335 

relative  to  appeals  from  orders  of     .  .  .  .  .  .  .441 

Institute,  the  Worcester  Polytechnic,  appropriation  for         .  .  .  .11 

of  Technology,  the  Massachusetts,  appropriation  for  .  .  .         21 

Institutions,  state,  relative  to  treasurers  and  disbursing  officers  of  .  132,  146 

relative  to  certificates  of  indebtedness  issued  for  improvements  at        .       266 
Institutions  for  savings,  etc.,  to  codify,  revise  and  amend  the  laws  relating  to       582 
Instruction,  in  the  public  schools,  as  to  tuberculosis,  relative  to    .  .  133 

Insurance,  fire,  in  unauthorized  companies,  law  relative  to,  amended    .  .       121 

old  age,  etc.,  expenses  of  commission  on   .  .  .  .  .  .       <S55 

against  liability  for  damages  caused  by  automobiles,  relative  to  .  .       208 

against  the  breakage  of   plate  glass,  certain  companies  may  do  tlie 

business  of       .........  .       770 

Insurance  agents,  law  relative  to  licenses  of,  amended  ....       127 

Insurance   commissioner,    appropriations   for   salaries   and   expenses   in  the 

office  of 570 

duties  of,  relative  to  fire  insurance  in  unauthorized  comixmies     .  .       122 

Insurance  companies,  relative  to  the  purposes  of  their  organization        .  .       461 

qualification  of  officers  of         .......  .       428 

accident,  may  insure  against  the  breakage  of  plate  glass     .  .  .       770 

domestic,  assistant  secretaries  of,  may  sign  policies    ....       429 

domestic  fire,  insolvent,  relative  to  preferred  claims  against         .  .110 


1088 


Index. 


Insurance  companies,  doing  fidelity  insurance,  may  do  a  liability  insurance 

business           ..........  505 

mutual,  which  transact  employer's  liabiJity  business,  relative  to            .  60 
imlawful  use  of  proxies  at  meetings  of  .          .          .          .          .          .118 

mutual  fire,  distribution  of  dividends  in    .          .          .          .          .          .  436 

certain,  to  prohibit  discrimination  or  rebates  of  premiums,  etc.    .          .  462 

Insurance  department,  jjurchase  of  an  adding  and  listing  machine  for    .          .  856 
Insurance  laws,  amendments  to  60,  110, 118, 121, 123,  208,  385,  428, 429,  436.  461,  505 

to  provide  for  printing  a  pamphlet  edition  of     .          .          .          .          .  856 

Insurance  policies,  may  be  signed  by  certain  officials   .....  429 

life,  relative  to  the  surrender  charge  of  certain             ....  163 

relative  to  surrender  options  in     .  .  .  .  .  .  .123 

relative  to  voluntary  exchanges  of         .....          .  385 

Insurance  Society,  the  Economic  Life,  charter  amended        ....  204 

International  congress  on  tuberculosis,  to  provide  for  an  exliibit  at         .          .  858 

Intoxicating  licjuor,  to  authorize  tlie  suspension  of  licenses  for  the  sale  of  76 

Inventories,  of  certain  estates,  filing  of,  in  the  office  of  the  tax  commissioner  227 

Ipswich,  town  of,  may  make  an  additional  water  loan           ....  159 

Ipswich  river,  further  improvement  of  the  channel  of  .          .          .          .          .  844 

Island  End  river,  in  Everett,  etc.,  survey  of         .....          .  846 

Italian  American  Savings  Bank  of  Boston,  incorporated       ....  255 


J. 

Jacob  Sears  Memorial  Library,  incorporated        ..... 
Jones,  Matt  B.,  administrator,  in  favor  of  ..... 

Judge  of  probate,  special,  appointment  of,  in  the  counties  of  Berkshire  anc 
Hampden        ......... 

Essex  county,  appointment  of  an  additional       .... 

Judges  of  the  land  court,  retirement  of        .....  . 

Judges  of  probate  and  insolvency,  list  of     ...... 

Judicial  department,  appropriations  for  salaries  and  expenses  in   . 

list  of  persons  comjirising  the  ...... 

Jurors,  traverse,  to  try  cases  of  nnu-der  in  the  hrst  degree,  compensation  of 
Justice  of  the  peace  : 

Bridge,  Henry  S.,  acts  confirmed 

Fernald,  Fred  A.,  acts  confirmed,     . 

Matthews,  Nathan,  acts  confirmed  . 

Rugglcs,  Daniel  B.,  acts  conhrmed 

Tower,  Benjamin  L.  M.,  acts  confirmed    . 

Wheeler,  George  IL,  acts  confirmed 

Woods,  Patrick  J.,  acts  confirmed    . 
Justice  of  the  peace  to  solemnize  marriages 

Flagg,  J.  Walter,  acts  confirmed 

Hubbard,  Henry  W.,  acts  confirmed 
Justices  of  the  peace,  not  to  be  considered  public  officers  under  the  law  con 

cerning  public  service  corporations  and  their  employees 
Juvenile  court,  the  Boston,  clerical  assistance  in 


214 
803 


503 
132 
957 
14 
956 
302 

802 
843 
860 
804 
818 
803 
802 

844 
805 

166 
416 


Index. 


1089 


K. 

Katama  bay,  in  Edgartown,  shooting,  etc.,  of  wild  fowl  in 


PAGE 

289 


Labor,  codification  of  the  laws  relating  to  . 

unpaid,  may  be  performed  on  boats  and  yachts  on  the  Lord's  day 
employers  of,  may  submit  plans  for  compensation  to  injured  persons 
hours  of,  of  employees  in  penal  institutions        .... 

of  women  and  minors,  relative  to  ..... 

bureau  of  statistics  of,  appropriations  for  salaries  and  expenses  in 
to  furnish  information  relative  to  the  demand  for  employment 
publications  of    . 
expenditures  l)y  ....... 

duties  of,  relative  to  free  employment  offices 

to  publish  certain  agricultural  statistics 

to  tabulate  certain  social  statistics         .... 

Lake  Champlain,  relative  to  pike  perch  caught  in  a  certain  part  of,  during  a 
part  of  the  year       ....... 

Lake  Pleasant  Water  Supply  District,  established 

Lancaster,  town  of,  boundary  line  between  Sterling  and 

Land  Company,  the  Falmouth,  incorporated        .... 

Land  court,  retirement  of  judges  of   . 

judge,  associate  judge  and  recorder  of       . 
Landing  places,  in  towns,  relative  to  ..... 

Laroche,  Arthur,  in  favor  of      ......  . 

Law  of  the  road,  relative  to      ......  . 

Lawrence,  police  court  of,  establishing  the  salaries  of  the  justices  and  clerks 

of 

Legacies  and  successions,  law  relative  to  the  taxation  of,  amended 
abatement  of  certain  taxes  on  .  .  .  .  . 

Legislative  department,  list  of  members  of  ...  . 

Lenox  Water  Company,  protecting  the  water  supply  of 
Leonard,  Hermon,  administrator,  a  certain  sum  of  money  to  be  paid  to 
Liability,  of  railway  companies,  for  injuries  to  employees,  law  relative  to 
amended  ......... 

Liability  insurance,  companies  doing  a  fidelity  insurance  business  may  also 

do  the  business  of    . 
Liability  law,  employers',  relative  to  bringing  actions  under 
Library,  state,  appropriations  for  salaries  and  expenses  in    . 

additional  allowance  to,  for  clerk  hire        .... 

additional  accommodations  for         ..... 

Library: 

Bacon  Free,  incorporated         ...... 

Jacob  Sears  Memorial,  incorporated  .... 

License  commissioners,  in  the  town  of  Montague,  to  provide  for  the  election 
of 


838 
230 
443 
507 
768 
21 
267 
420 
435 
438 
858 
467 

442 
395 
379 
84 
132 
957 
714 
810 
463 

284 
227 
744 
938 
113 
818 

370 

505 
415 
23 
297 
860 

212 
214 

116 


1090 


IXDEX. 


Licenses,  to  hunt,  relative  to  granting,  to  unnaturalized  foreign  born  persons 

of  hawkers  and  pedlers,  relative  to  the  revocation  of 

of  insurance  agents,  law  relative  to,  amended    . 

for  the  sale  of  liquor,  may  be  suspended,  in  certain  cases    . 
Liens,  on  buildings,  etc.,  filing  of  petitions  for  the  enforcement  of   . 

municipal,  on  real  estate,  ascertainment  of         .  .  . 

Life  Assurance  Society,  the  Mutual  Direct,  extending  the  time  within 

it  may  file  its  certificate  of  incorporation    . 
Life  insurance  departments,  of  savings  banks,  appropriation  for  expense  o 
establishing     ........ 

Life  insurance  policies,  relative  to  surrender  options  in 

relative  to  the  surrender  charge  of  certain 

relative  to  voluntary  exchanges  of    . 
Life  Insurance  Society,  the  Economic,  charter  amended 
Lincoln,  Abraham,  to  provide  for  commemorating  the  one  hundredth 
versary  of  the  birth  of      .....  . 

Linseed  oil,  etc.,  relative  to  the  sale  of        ....  . 

Liquor  licenses,  to  authorize  the  suspension  of,  in  certain  cases 

Listing  of  voters,  in  Boston,  to  extend  the  time  for 

Loan  Company,  the  Chattel,  charter  amended     .... 

Loans,  small,  to  regulate  the  business  of  making 

temporary,  of  cities  and  towns,  relative  to         .  .  . 

Locations,  temporary,  of  street  railways,  relative  to     . 
Long  HUl  Cemetery  Association,  incorporated     .... 
Lord's  day,  relative  to  fishing  on        .....  . 

to  authorize  the  digging  of  clams  on  ...  . 

to  authorize  unpaid  labor  on,  on  boats  and  yachts 

exposure  of  photographic  plates,  etc.,  on  ... 

delivery  of  ice  cream  on  ...... 

law  relative  to  the  observance  of,  amended 
Lowell,  city  of,  may  take  land  as  a  site  for  a  public  hall 

may  establish  and  maintain  parks  and  playgrounds   . 

the  Lowell  Funeral  Benefit  Association  incorporated  in 

relative  to  speed  tests  of  automobiles  on  highways  in 

may  raise  money  for  the  use  of  the  Lowell  textile  school     . 
Lowell,  Acton  and  Maynard  Street  Railway  Company,  charter  amendet 
Lowell  avenue,  in  Haverhill,  discontinuance  of   . 
Lowell  Funeral  Association,  incorporated   ..... 
Lowell  textile  school,  in  favor  of        .....  . 

additional  equipment  for  ...... 

Lunch  wagons,  cities  and  towns  may  permit  the  use  of,  on  highways 
Lung  testing  machines,  etc.,  relative  to  the  use  of        .  .  . 

Lyman  school  for  boys,  appropriations  for  salaries  and  expenses  at  . 

to  provide  for  furnishing  a  cottage  at        ...  . 

improvements  at    . 
Lyman  and  industrial  schools,  appropriations  for  certain  expenses  of 
Lynch,  John  J.,  reinstated  as  a  member  of  the  fire  department  of  Boston 


Index. 


1091 


Lynch,  Mary,  the  city  of  Boston  may  pay  an  annuity  to       .  .  . 

Lynn,  city  of,  relative  to  the  rate  of  interest  on  certain  bonds  issued  by 

may  incur  additional  indebtedness  for  erecting  a  classical  high  school 
building  ......... 

may  extend  Market  street        ....... 

may  borrow  money  for  school  purposes     ..... 

police  court  of,  to  provide  increased  accommodations  for    . 
the  coimty  of  Essex  may  make  further  payment  toward  extending 
etc.,  Sea  street  in     ....•■•  • 

extending  the  time  for  improvement  of  the  water  supply  of 
Lynn  harbor,  to  provide  for  dredging  an  anchorage  basin  in 
Lynnfield,  town  of,  the  town  of  Reading  may  sell  and  distribute  electricity  in 
a  certain  part  of       ......••  • 


PAGE 

164 

57,  58 

65 
169 
223 
303 

315 

718 
847 

318 


M. 

Magnolia  Wharf  Corporation,  incorporated 

Maiden,  city  of,  appointment  of  a  fire  commissioner  of 

number  of  members  of  the  school  committee  of 

may  borrow  money  for  sewer  purposes 
Manchester,  town  of,  may  take  additional  sources  of  water  supjily 
Marblehead,  town  of,  may  make  an  additional  water  loan 

relative  to  the  fire  department  of      . 
Marion,  town  of,  relative  to  the  water  loan  of 
Market  street,  in  Lynn,  extension  of  ... 

Marriage  certificates,  law  relative  to  issue  of,  by  town  clerks,  amendment  to 
Marshfield,  town  of,  relative  to  the  improvement  of  Green  Harbor  in 
Mashpee,  town  of,  to  authorize  the  construction  of  certain  bridges  in 
Massachusetts,  commonwealth  of,  boundary  line  between  the  state  of  Con 

necticut  and,  established 
Massachusetts  Agricultural  College,  appropriations  for 

printing  the  report  of      . 

free  scholarships  in,  etc.  .... 

to  provide  for  a  target  range  at        .  .  . 

certain  courses  and  expenses  at         .  .  . 

to  provide  for  deficiencies  in  appropriations  for. 

repairs  and  improvements  at  . 

relative  to      ........  • 

Massachusetts  agricultural  experiment  station,  repairing  and  refitting  build 

ings  at    . 
Massachusetts  Charitable  Eye  and  Ear  Infirmary,  in  favor  of 

provisicjn  affecting  ...... 

Massachusetts  commission  for  the  blind,  appropriations  for  . 

Massachusetts  highway  commission,  appropriations  for  salaries  and  expenses  of 

may  construct  a  state  highway  between  the  city  of  Pittsfield  and  the 
town  of  Becket         ......... 

may  use  certain  fees  in  the  maintenance  of  state  highways 


561 

66 

83 

139 

406 

495 

641 

37 

169 

90 

572 

99 

141 
38 
417 
417 
819 
838 
838 
841 
858 

838 
807 
391 
76 
157 

733 
766 


1092 


Index. 


Massachusetts  highway  commission,  duties  of,  rchitivc   to  the  operation  of 
automobiles    ......... 

to  provide  for  printing  additional  copies  of  the  report  of     . 
to  make  an  inventory,  etc.,  of  the  property  of  the  New  England  I'vh 
phone  and  Telegraph  Company  ..... 

to  consolidate  the  laws  relating  to  automobiles  and  motor  cycles 
Massachusetts  hospital  for  epileptics,  appropriation  for  the  maintenance  of 
improvements  at    ........  . 

to  provide  for  the  suj^purt  of  feeble-minded  inmates  of,  by  the  com- 
monwealth      ......... 

Massachusetts  hospital  school,  appropriation  for  the  maintenance  of 
Massacliusctts  Institute  of  Technology,  appropriation  for     ... 
Massachusetts  nautical  training  school,  appropriations  for  expenses  of  . 
Massachusetts  reformatory,  appropriations  for  salaries  and  expenses  at 
a  certain  sum  may  be  advanced  to  the  superintendent  of   . 
relative  to  sentences  to  . 
relative  to  the  physician  of      ......  . 

improvements  at    ........  . 

repairs  at       .........  . 

Massachusetts  School  for  the  Feeble-Minded,  appropriation  for  the  mainte- 
nance of  ......... 

inmates  of,  to  provide  for  the  support  of,  by  the  commonwealth 
Massachusetts  School  Fund,  appropriation  for  premiums  on  securities  pur- 
chased for       .......... 

Massachusetts  soldiers  and  sailors,  etc.,  appropriation  for  the  publication  of 

a  record  of       ....  ...  ■        447, 

Massachusetts  State  Firemen's  Association,  appropriation  for         . 
Massachusetts  state  sanatorium,  appropriation  for  the  maintenance  of  . 

improvements  at    .........  . 

Massachusetts  troops,  etc.,  in  the  war  of  the  rebellion,  publieaticm    of   a    rec- 
ord of     447, 

Massachusetts  volunteers,  in  the  civil  war,  law  relati\e  to  the  purchase  of  his- 
tories of,  amended  ......... 

Mattakessett  bay,  in  Edgartown,  shooting,  etc.,  of  wild  fowl  in     . 
Matthews,  Nathan,  justice  of  the  peace,  acts  confirmed         .... 

Meat  and  provisions,  law  relative  to  inspection  of,  amended 

Medals,  issue  of,  to  members  of  the  militia  ...... 

Medfield  insane  asylum,  appropriation  for  the  maintenance  of        .  .. 

improvements  at    .....■.•  ■ 

Medford,  city  of,  disposition  of  the  surplus  of  sinking  funds  of       .  .  . 

an  elevated  railway  may  be  constructed  to,  from  Sullivan  square  in 
Boston,  through  the  city  of  Somerville        ....        476, 

Medical  examiner  district,  the  first,  of  the  county  of  Worcester,  the  town  of 
Dana  made  a  part  of         ....•••  • 

Medical  examiners,  for  Suffolk  county,  relative  to         ....  . 

Medical  inspection,  in  public  schools,  relative  to,  etc.  ....         139, 

Medicine,  board  of  registration  in,  appropriations  for  . 


771 
837 

844 

854 

44 

854 

747 

67 

21 

572 

50 

132 

167 

377 

837 

818 

43 

747 

14 

756 
11 
67 

842 

756 

203 
289 
860 
362 
279 

44 
855 

55 

756 

99 
374 
364 

36 


Index. 


1093 


PAGE 

Medway,  town  of,  may  supply  itself  with  water  ......  249 

Meetinghouse  pond,  in  Westminster,  the  city  of  Fitchburg  may  take  water, 

etc.,  within  the  watershed  of     .                      .           .           .  327 

Memorial  Library,  the  Jacob  Sears,  incorporated  .  .  .  .  .214 

Memorial  shaft,  to  be  erected  to  men  who  lost  their  lives  in  the  department  of 

the  Gulf,  in  the  civil  war            .......  <S13 

Memorial  Sunday,  posts  of  the  Grand  Army  of  the  Republic  may  parade  on, 

with  music      ......••■•  303 

Spanish  war  veterans  may  parade  on         .....          .  497 

Merrimac  river,  the  city  of  Haverhill  may  borrow  money  to  pay  part  of  the  cost 

of  constructing  a  bridge  over     .......  383 

construction  of  an  approach  to  the  new  bridge  over,  in  Haverhill          .  562 
repair  or  reconstruction  of  the  bridge  over,  between  Newburyport  and 

Deer  island  in  Amesbury            .......  763 

investigation  of  the  sanitary  condition  of            .....  849 

Messages,  special,  of  the  governor      ........  893 

Methodist   Episcopal   Church,   of   Easthampton,   Trustees   of,    may   convey 

certain  real  estate    ......•••  748 

Methodist  Episcopal  churches,  in  Haverhill,  consolidation  of  certain       .          .  150 

Methuen,  town  of,  may  borrow  money  for  water  supply  purpo.ses            .          .  364 
Metropolitan  district,  preparation  of  plans  for  a  hospital  in,  for  certain  mental 

patients 745 

relative  to  the  commission  on  the  improvement  of      .          .          .          .  860 

Metropolitan  park  commission,  appropriations  for  care  and  maintenance  of 

reservations  under  the  control  of,  etc.  .  .  .   108,  283,  284,  70S 

may  permit  the  projection  of  eaves,  cornices,  etc.,  of  buildings  over 

certain  restricted  lines       .  .  .  .  .  .  .  .114 

may  grant  locations  to  electric  railroad  companies      ....  263 

to  furnish  band  concerts  in  places  under  their  control          .          .  285 
increasing  the  amount  of  money  allowed  to,  for  certain  purposes,  etc.     780,  781 
to  investigate  the  advisability  of  constructing  a  new  bridge  across  the 

Neponset  river          .........  859 

Metropolitan  water  district,  the  town  of  Swampscott  included  in             .          .  528 
Metropolitan  water  and  sewerage  board,  to  construct  extensions,  etc.,  at  the 

Deer  Island  and  East  Boston  pumping  stations  .  .  .  .521 

to  make  certain  improvements  in  the  metropolitan  water  works            .  523 

to  restore  the  East  Boston  sewerage  pumping  station,  etc.            .          .  571 

Metropolitan  water  system,  appropriation  for  the  maintenance  of           .          .  148 

Middlesex  county,  tax  granted  for      ........  828 

Middlesex  county  training  school,  name  established      .....  72 

additional  land  and  buildings  for     .......  138 

Middleton,  the  First  Universalist  Society  of,  may  sell  and  convey  certain  real 

estate 299 

Mileage  tickets,  etc.,  on  railroads,  relative  to       .....          -  778 

Milford,  town  of,  relative  to  the  sewerage  system  of     .          .          .          .          .  218 

may  borrow  money  for  sewer  purposes      ......  219 

the  town  of  Hopedale  may  connect  with  the  sewerage  system  of           .  238 


1094 


ixDEJf. 


Milford,  Franklin  and  Providence  Railroad  Company,  the  New  England  Rail- 
road Company  may  purchase  the  franchises  and  property  of         .  r)19 
Milft)rd  and  Woonsocket  Railroad  Company,  the  New  England  Railroad  Com- 
pany may  purchase  the  franchises  and  property  of       .          .          .  519 
Military  expenses,  appropriations  for           .......  205 

MiUtary  in.struction,  for  officers  and  men  t)f  the  militia,  to  provide  for    .  280 
Military  property,  belonging  to  the  United  States,  reimbursement  for  injury  to  320 
Militia,  appropriations  for  expenses  of  the  surgeon  general  of         ...  28 
appropriations  for  salaries  and  expenses  in  the  department  of  the  quar- 
termaster general  of           ........  53 

the  town  of  Orange  to  pay  a  certain  sum  of  money  to  company   E, 

second  regiment  of             ........  76 

cities  and  towns  may  establish  rifle  ranges  for  the  use  of     .          .          .  217 

issue  of  medals,  etc.,  to  members  of           ......  279 

military  instiniction  for  officers  and  men  of         ....          .  280 

to  increase  the  number  of  troops  of  cavalry  in  .          .          .          .          .  298 

to  provide  for  reimbursing  the  United  States  for  injury  to  military 

property  loaned  to  .           .          .                     .                     .  320 

to  provide  for  advancing  money  to  the  acting  paymaster  general  of     .  384 
codification  of  the  laws  relative  to    .          .          .          .          .          .         643-712 

to  provide  for  the  expenses  of  a  rifle  team  of     .          .          .          .          .  810 

to  provide  for  instruction  for  the  coast  artillery  corps  of     .          .          .  816 
payment  to  company  L,  eighth  regiment  of,  for  certain  jiroperty  taken 

by  the  commonwealth       ........  816 

Milk,  relative  to  the  standard  of         .......          .  767 

sale  of,  law  relative  to  vessels  used  in,  amendetl          ....  385 

heated,  proper  marking  of        .......          .  538 

Milk  and  cream,  street  railway  companies  may  transport      ....  235 

Ministerial  Fund  of  the  South  Parish  in  Andover,  investment  of   .          .          .  129 

Minor  children,  support  of,  by  persons  on  probation     .....  73 

Minors,  relative  to  the  release  of  certain,  after  arrest   .....  247 

admittance  of,  to  certain  places  of  amusement  .  .  .  .  .317 

women  and,  relative  to  the  hours  of  labor  of      .          .          .          .          .  768 

Miscellaneous  expen.ses,  appropriations  for  .  .      27,  367,  497,  559,  749,  795 

Missis(iuoi  bay  in  Lake  Champlain,  relative  to  pike  perch  caught  in,  during  a 

portion  of  the  year             ........  442 

Mongolian  pheasants,  to  establish  a  close  season  for,  etc.       ....  432 

Monopolies,  in  the  sale  of  certain  commodities,  relative  to    .          .          .          .  409 

Montague,  town  of,  may  elect  a  board  of  license  commissioners     .  .  .116 

the  Lake  Pleasant  Water  Supply  District  established  in      .          .          .  395 
Monument,  at  Newbern,  N.  C,  representation  of  the  commonwealth  at  the 

dedication  of  .  .  .  .  .  .  .815 

Mortgages,  of  real  estate,  relative  to  the  discharge  of  .          .          .          .          .  109 

Motor  cycles,  cities  and  towns  may  permit  hill-climbing  contests  by,  imder 

certain  restrictions  .........  223 

relative  to  operators  of  .  .  .  .  .  .  .  .  .771 

consolidating  the  laws  relating  to     ......          .  854 


Index. 


1095 


PAGE 

Mount  Everett  reservation,  established       .......  539 

Mount  Tom  state  reservation,  appropriation  for            .....  13 

Mount  Washington,  town  of,  certain  land  in,  to  be  acquired  as  a  state  reserva- 
tion        ...........  539 

Moving  picture  machines,  relative  to  the  use  of  .          .          .          .          .          .  533 

Municipal  bonds,  etc.,  certain,  exempt  from  taxation  ....         423,  632 

Municipal  court,  Boston,  appointment  of  pro  tempore  court  officers  of  .          .  140 

appointment  of  a  sixth  assistant  clerk  for       .....  366 

clerical  assistance  to    ........          .  388 

of  the  Roxbury  district,  clerical  assistance  to     .  .  .  .  .431 

of  the  West  Roxbury  district,  clerical  assistance  to    .          .          .          .  340 

Municipal  courts,  certain,  may  appoint  probation  officers  for  children    .          .  758 

relative  to  the  return  of  writs,  etc.,  issuing  from          ....  294 

to  have  jurisdiction  in  the  enforcement  of  the  law  relative  to  tho  in- 
spection of  buildings          ........  335 

women  may  be  appointed  assistant  clerks  of      .                             .          .  249 

Municipal  gas  and  electric  light  plants,  uses  of  depreciation  funds  of    .          .  440 

Municipal  liens  on  real  estate,  ascertainment  of  .          .          .          .          .          .  261 

Murder  cases,  compensation  of  jurors  empanelled  to  try        ....  302 

Mutoscopes,  etc.,  relative  to  the  use  of        ......          .  326 

Mutual  Direct  Life  Assvu-ance  Society,  extending  the  time  iii  which  it  may  file 

its  certificate  of  incorporation   .......  63 

Mutual  fire  insurance  companies,  distribution  of  dividends  in         .          .          .  436 
Mutual   insurance  companies,  which   transact  employers'  liability  business, 

relative  to        ..........  60 

unlawful  use  of  proxies  at  meetings  of       .  .  .  .  .  .118 


IS". 

Names,  of  corporations,  relative  to  the  change  of  .  .  .  .  .118 

of  persons  doing  business  under  names  other  than  their  own,  recording 

of 280 

etc.,  of  certain  fraternities,  to  prohibit  the  fraudulent  use  of        .          .  237 

Names  changed,  of  persons,  decreed  by  the  probate  court    ....  923 

Nantasket  Beach  reservation,  appropriation  for  the  maintenance  of        .          .  108 

Nantucket,  town  of,  St.  Paul's  Church  in,  incorporated          ....  151 

relative  to  tlie  Wannacomet  Water  Company  in          ...          .  507 

Nantucket  county,  to  regulate  the  use  of  automobiles  in       .          .          .          .  427 

Natick,  town  of,  the  Bacon  Free  Library  incorporated  in      .          .          .          .  212 

National  conventions,  certain,  delegates  to,  to  be  compensated  for  expenses    .  506 

Naturalization  cases,  disposition  of  moneys  received  in          ...          .  213 

Nautical  training  school,  appropriations  for  expenses  of        ...          .  572 

Needham,  town  of,  to  increase  the  rate  of  interest  on  certain  bonds  of  .          .  150 

Neponset  river,  improvement  of          .......          .  808 

relative  to   constructing   a    new  bridge    across,  between    Boston  and 

Quincy,  etc.     ..........  859 

New  Bedford,  city  of,  may  extend  a  street  through  Hathaway  Cemetery         .  96 


1096  Index. 

PAoe 

New  Bedford,  ci(}'  of,  relative  to  the  indebtedness  of,  in  oiianj^inp;  its  city  hall 

into  a  public  libraiy  buikling    .......       104 

relative  to  the  indebtedness  of,  in  erecting  a  building  for  nuniicipul 

purposes  .  .  .  .  .  .  .  .  .  .105 

relative  to  the  indebtedness  of,  for  school  purposes     ....       137 

erection  of  a  registry  of  deeds  building  in,  for  the  southern  district  of 

Bristol  county  .........       316 

may  sprinkle  its  streets  with  oil,  etc.         ......       743 

may  raise  money  for  the  use  of  the  New  Bedford  textile  school   .  .       852 

New  Bedford  textile  school,  in  favor  of       ......  .       852 

New  England  Industrial  School  for  Deaf  Mutes,  authorizing  an  appropriation 

for SOG 

New  England  Railroad  Company,  may  purchase  the  franchises  and  property 
of  the  Milford  and  Woonsocket  Railroad  Company,  and  of  the 
Milford,  Franklin  and  Providence  Railroad  Company  .  .  .       519 

New  England  Telephone  and  Telegraph  Company,  inventory  and  appraisal  of 

the  property  of        ........  .       844 

New  Haven  and  Northampton  Company,  to  confirm  a  contract  between  the 

Holyoke  and  Westfield  Railroad  Company  and    ....       634 

New  York,  Brockton  and  Boston  Canal  and  Transportation  Company,  ex- 
tending the  time  for  the  payment  of  certain  money  by  .  .       429 
Newbern,  N.  C,  representation  of  the  commonwealth  at  the  dedication  of  a 

monument  in  .........       S15 

Newbury,  town  of,  the  city  of  Newburyport  may  supply  water  to   .  .  .       347 

the  Trustees  of  Dummer  Academy  in,  may  mortgage  its  real  estate      .       343 

Newburyport,  city  of,  water  supply  for       .  .  .  .  .  .  .345 

repair  or  reconstruction  of  the  bridge  over  the  Merrimac  river  between 

Deer  island  in  Amcsbury  and    .......       763 

Newton,  city  of,  the  Waban  Church  Corporation  of,  may  sell  and  convey  its 

property  ..........       387 

Nickel-in-the-slot  machine,  relative  to  admittance  of  minors  to  places  where 

pictures  are  displayed  upon  deposit  of  money  in  .  .317 

Niles  pond,  in  Gloucester,  relative  to  constructing  a  fishway  from,  to  the 

ocean      .  .  .  .  .  .  .  .  .  ..811 


Nomination,  of  senator  from  the  first  Worcester  district,  relative  to 
Nomination  pajiers,  to  prohibit  the  charging  of  a  fee  for,  by  political 
mittees  ......... 

Non-payment  of  taxes,  relativ(>  to  arrest  for        .... 

redemption  of  real  estate  sold  for     ..... 
Norfolk  county,  salary  of  the  sheriff  established  ... 

tax  granted  for       ........ 

Norfolk,  Bristol  and  Plymouth  imion  training  school,  name  established 
Normal  school,  at  Fitchburg,  improvements  at   . 

construction  of  a  new  building  at  .... 

at  Framingham,  improvements  at    . 

at  North  Adams,  to  provide  agricultural  education  at 

at  Westfield,  improvements  at  ....  . 


.   298 
n- 

61 

70 

.   165 

392 

830,  841 

72 

.   812 

.   843 

.   812 

.   217 

.   815 


Index. 


1097 


Normal  schools,  state,  appropriations  for  the  support  of       ...  . 

North  Adams,  city  of,  extending  the  time  when  certain  bonds,  etc.,  issued  by, 

will  mature      ......... 

to  provide  for  agricultural  education  in  the  normal  school  at 
North  Attleborough,  town  of,  may  acquire  land  and  establish  a  sewage  dis 
posal  plant      ......... 

preservation  of  a  boundary  mark  between  Plainville  and    . 
North  Brookfield,  town  of,  may  borrow  money  to  refund  certain  notes 
North  Chelmsford  Fire  District,  may  make  an  additional  water  loan 
North  metropolitan  sewerage  system,  appropriation  for  the  maintenance  of 
North  Reading,  town  of,  the  town  of  Reading  may  sell  and  distribute  elec 
tricity  in  ........  . 

North  river,  in  Hanover,  etc.,  survey  of      . 

in  Salem,  filling  of  certain  flats  in     . 
Northampton  state  hospital,  appropriation  for  the  maintenance  of 
Northbridge,  town  of,  boundaiy  line  between  Uxbridge  and 
Northfield,  town  of,  a  dam  may  be  constructed  across  the  ('onnecticut  river 
between  the  town  of  Gill  and    ...... 

Norwell,  town  of,  the  First  Parish  Cemetery  Association  of,  incorporated 

the  Pinehurst  Cemetery  Association  incorporated  in  . 
Notaries  public,  not  to  be  considered  public  officers  under  the  law  concern- 
ing public  service  corporations  and  their  employees 
Notary  public: 

Bridge,  Henry  S.,  acts  confirmed      ...... 

Notices,  to  be  given  in  cases  of  accidents,  law  relative  to,  amended 

o. 

Oak  Bluffs,  removal  of  obstructions  near  the  pier  at     . 

Official  ballots,  for  state  and  city  elections,  publication  of     . 

Officials,  certain,  to  be  reimbursed  for  premiums  paid  in  securing  bonds 

state,  relative  to  expenditures  by     .  .  .  .  .  803,  812, 

Old  age  insurance  and  pensions,  expenses  of  the  commission  on    . 

Old  Folks,  the  Watertown  Home  for,  incorporated       ..... 

Old  vessels,  and  other  floating  structiu'es,  disposition  of        ...  . 

Orange,  town  of,  may  pay  a  sum  of  money  to  company  E  of  the  second  regi- 
ment     ........... 

Orders,  of  inspectors  of  factories  and  jjublic  buildings,  relative  to  appeals  from 

Ornithologist,  state,  appointment  of  . 

Osterville,  improvement  of  East  Bay  harbor  at  . 

Otis  Company,  charter  amended         ........ 

Oxford,  town  of,  boundary  line  between  Auburn  and  ..... 


PAGE 

74 

59 
217 

393 
813 
342 
239 
157 

318 

840 
86 
45 

3G0 

5G6 
103 

277 

166 

802 
267 


845 
419 
428 
817 
855 
90 
633 

76 
441 
206 
849 
169 
265 


Pads,  stamping,  on  public  records,  relative  to  the  use  of 
Paint,  etc.,  relative  to  the  sate  of       ...  . 

Pardons  granted  in  1907  ..... 


46 
491 
893 


1098 


Index. 


Parish  of  the  Good  Sliepherd,  the  Waban  Cliurch  Corporation  of  Newton  may 

sell  and  convey  its  property  to  ..... 

Parks,  metropolitan,  increasing  the  amount  of  money  allowed  for      *     . 
Parks  and  playgrounds,  the  city  of  Lowell  to  establish 
Parkwaj's  and  boulevards,  appropriations  for  the  care  and  maintenance  of 
Partnerships,  associations,  etc.,  doing  business  under  names  other  than  their 
own,  recording  of  names  and  residences  of 

certain,  may  appoint  agents  on  whom  legal  process  may  be  served 
Passageways,  in  theatres,  law  relative  to,  amended 
Pauper  institutions  department,  in  Boston,  name  changed  to  the  Boston  In 

firmary  Department  ..... 

Pedlers,  hawkers  and,  relative  to  the  revocation  of  licenses  of 
Penal  institutions,  hours  of  labor  of  employees  in 
Penalties,  on  corporations  failing  to  make  certain  returns,  relative  to 
Penikese  island,  purchase  of  a  boat  for  use  at      . 

construction  of  a  wharf  at        ....  . 

Penny-in-the-slot  machine,  admittance  of  minors  to  places  where  pictures  are 

displayed  upon  deposit  of  money  in 
Pension  funds,  to  be  established  for  teachers  in  public  schools 
Pensioning,  of  prison  officers,  to  provide  for 
Pensions,  annuities  and,  appropriations  for  payment  of 

to  teachers  of  the  public  day  schools  in  the  city  of  Boston,  to  provide 
for  the  payment  of  . 

old  age  insurance  and,  expenses  of  commission  on 
Pepperell,  town  of,  may  supply  itself  and  its  inhabitants  with  water 
Permits,  for  the  release  of  prisoners,  relative  to  . 

Petitions,  for  the  enforcement  of  liens  on  buildings,  etc.,  relative  to  the  filing  o 
Pharmacist,  not  to  permit  tlie  sale  of  cocaine,  etc.,  in  certain  cases 
Pharmacy,  registration  in  .......  . 

board  of  registration  in,  appropriations  for         .... 

Pheasants,  to  establisli  a  close  season  for,  etc.     ..... 

Phillipston,  town  of,  boundary  line  between  Templeton  and 
Photographic  plates,  etc.,  exposure  of,  on  the  Lord's  day      ... 
Pike  perch,  caught  in  certain  waters,  to  prohibit  the  possession  of 
Pinehurst  Cemetery  Association,  incorporated     ..... 

Pittsfield,  city  of,  may  refund  its  water  debt       ..... 

may  refund  its  school  debt       ....... 

may  refund  certain  miscellaneous  indebtedness 

may  borrow  money  for  water  works  purposes    .... 

a  state  highway  may  be  constructed  from,  into  the  town  of  Becket 
Plainville,  town  of,  may  supply  itself  with  water  .... 

preservation  of  a  boundary  mark  between  North  Attleborough  and 
Plantations,  of  trees,  taxation  of        ......  . 

Plate  glass,  accident  insurance  companies  may  insure  against  the  breakage  of 
Playgrounds,  public,  to  provide  for,  in  certain  cities  and  towns     . 
Plum  Island  river,  survey  of      .......  . 

Plymouth,  town  of,  relative  to  the  erection  of  a  house  of  correction,  etc.,  in 


3S7 
781 
109 

284 

280 
487 
293 

340 
154 
507 
281 
843 
850 

317 
451 
640 

12 

578 
855 

78 
211 

94 
268 
483 

53 
432 
359 
291 
442 
277 
226 
233 
234 
305 
733 
352 
813 

89 
770 
464 
846 
101 


Index. 


1099 


PljTnouth  county,  may  take  land  for  a  house  of  correction,  etc.     . 
clerical  assistance  to  the  register  of  probate  of  . 
tax  granted  for       ........  . 

Police,  district,  appropriations  for  salaries  and  expenses  of  . 

members  of,  may  carry  badges  and  weapons      .... 

additional  member  of  the  detective  department  of      . 
chief  of,  may  license  the  use  of  certain  buildings  as  theatres  or  public 
halls        .......... 

relative  to  age  limit  for  eligibility  to  appointment  in  the  inspection 
department  of  .  .  .  .  .  .  ... 

to  define  the  powers  and  duties  of  the  inspectors  of  factories  and  public 
buildings  in  the  department  of  ..... 

to  provide  for  an  additional  stenographer  in  the  detective  department  of 
inspection  department  of,  appeals  from  orders  of  members  of 
duties  of,  relative  to  the  sale  of  paint,  turpentine,  etc. 
duties  of,  relative  to  the  arrest  and  care  of  tramps 
duties  of,  relative  to  the  use  of  the  cinematograph 
to  provide  for  investigation  work  and   apparatus   in    the    boiler   in 
spection  department  of     . 
Police  court,  of  Lawrence,  establishing  the  salaries  of  the  justices  and  clerks  ol 
of  Lynn,  to  provide  increased  accommodations  for 
of  Springfield,  to  provide  an  additional  probation  officer  for 
Police  courts,  etc.,  women  may  be  appointed  assistant  clerks  of    . 

.relative  to  return  of  writs,  etc.,  issuing  from      .... 

to  have  jurisdiction  in  the  enforcement  of  the  law  rclativ*'  to  the  in 
spection  of  buildings  ....... 

may  appoint  probation  officers  for  children        .... 

Police  departments,  in  cities  and  towns,  except  the  city  of  Boston,  vacations  o 
members  of     ........  . 

Political  committees,  prohibited  from  charging  a  fee  for  the  delivery  of  blanl 
nomination  papers  ........ 

number  of  persons  that  may  be  employed  by,  in  cities 
from  the  first  Worcester  senatorial  district,  election  of 
Political  contributions,  to  prohibit  the  making  of,  by  business  corporations 
Political  conventions,  law  relative  to,  amended   ..... 

Political  designations,  of  candidates  for  office,  law  relative  to,  amended    . 

Polytechnic  Institute,  the  Worcester,  appropriation  for 

Power  companies,  electric,  relative  to  .....  . 

Power  Company,  the  French  King  Rapids,  incorporated 

Preferred  claims,  against  insolvent  domestic  fire  insurance  companies,  relative 

to 

Premiums,  on  securities  purchased  for  the  Massachusetts  School  Fund,  ap- 
propriation for  ........ 

paid  for  sureties  on  bonds  of  certain  officials,  reimbursement  for . 
on  policies  issued  by  certain  insurance  companies,   to  prohibit  dis 
criminations  or  rebates  in  cases  of      . 
Printing  and  binding  public  documents,  etc.,  appropriations  for    . 


PAOE 

101 
282 
835 
29 
106 
137 

292 

322 

335 
434 
441 
491 
536 
533 

812 
284 
303 
140 
249 
294 

335 
758 

431 

61 

468 
298 
436 
378 
376 
11 
734 
566 

110 

14 

428 

462 
35 


1100 


Index. 


Prison,  the  reformatory,  appropriations  for  salaries  and  expenses  at 
a  certain  sum  may  be  advanced  to  the  superintendent  of 
relative  to  sentences  to         ....  . 

fixing  the  salary  of  the  physician  of       . 

repairs  at  . 

iniprovcincnts  at  .....  . 

state,  appropriations  for  salaries  and  expenses  at 
a  certain  sum  may  be  achanced  to  the  warden  of   . 
survey  of  the  lands  of  ..... 

women.'s,  appropriations  for  salaries  and  expenses  at 

a  certain  sum  may  be  advanced  to  the  superintendent  o 
survey  of  the  lands  of  ..... 

Prison  camp  and  hospital,  appropriation  for  the  maintenance  of 
improvements  at    . 
lighting  and  fire  protection  at  . 
Prison  commissioners,  appropriations  for  salaries  and  expen.ses  in  the  office 

of 

agent  of,  exempt  from  certain  provisions  of  law 

authority  of,  relative  to  the  removal  and  transfer  of  prisoiun-s,  may  be 

delegated  to  the  chairman  of  the  board 
may  revoke  a  permit  to  be  at  liberty,  issued  to  a  prisoner 
Prison  officers,  exempt  from  certain  provisions  of  law 

to  provide  for  retiring  and  pensioning 
Prison  service,  words  construed  ..... 

Prisoners,  relative  to  the  transfer  of  . 

relative  to  permits  for  the  release  of  .  .  . 

Probate,  special  judge  of,  to  provide  for  the  ajtpointment  of,  in  the  coimties 
of  Berkshire  and  Hampden        .... 

Pro))ate  court,  may  convey  property  of  persons  under  guanli:iiislii|)  to  wife  or 
child  of  such  person,  etc.  .... 

county  of  Essex,  sessions  of     . 

county  of  Worcester,  sittings  of        ...  . 

Probate   and   insolvency,   second   assistant   register   of,    county   of   Suffolk 
appointment  of         .....  . 

county  of  Berkshir(\  clerical  assistance  to  the  register  of 
county  of  Bristol,  clerical  assistance  tcj  the  register  of 
county  of  Essex,  appointment  of  an  additional  judge  of 

clerical  assistance  to  the  register  of        .  .  . 

county  of  Hampshire,  clerical  assistance  to  the  register  of 
county  of  Plymouth,  clerical  assistance  to  the  register  of    . 
Probation,  persons  placed  on,  support  of  wives  and  minor  children  by 
Probation  officer,  an  additional,  for  the  police  court  of  Springfield 

not  to  be  considered  a  public  officer  under  the  law  concerning  public 
service  corporations  and  their  employees 
Prol)ation  officers,  for  children,  appointment  of  . 
Probation  service,  relative  to     . 
Property,  .seized  on  a  search  warrant,  disposition  of 


PAGE 

50 
132 
167 
377 
818 
837 

50 
132 
814 

49 
132 
814 

50 
83G 
837 

34 
IGG 

1G7 
211 
IGG 
640 
640 
167 
211 


56 
161 
165 

167 
286 
286 
503 
322 
285 
282 
73 
140 

166 
758 
423 
319 


Index.  1101 

PAGE 

Property,  of  aged  persons  etc.,  trust  companies  may  be  appointed  as  conser- 

vat(n-s  of 86,  458 

held  for  charitable  purposes,  giving  of  bonds  by  trustees  of  .  .       257 

Prosecutions,  under  laws  relating  to  fisheries,  etc.,  disposition  of  fines  re- 
covered in       .........  .       288 

Pro  tempore  court  officers,  appointment  of,  by  the  justices  of  tlic  nnuiicipal 

court  of  Boston        .    '      .  .  .140 

Province  lands,  appropriation  for  the  reclamation  of    .  .  .  .  .       506 

Province  laws,  appropriations  for  continuing  the  publication  of     .  .  .62 

Provincetown  harbor,  appropriation  for  the  benefit  of  ....       506 

Proxies,  relative  to  the  unlawful  use  of,  at  meetings  of  mutual  insurance  com- 
panies    .  .  .  .  .  .  .  .  .  .  .118 

Public  administrators,  appointment  of        .....  .         462,  742 

Public  documents,  appropriations  for  printing  and  binding  ....         35 

care  and  custody  of,  by  cities  and  towns  ......       106 

distribution  of,  to  cities  and  towns  .......       372 

printing  and  distribution  of     .......  .       390 

report  of  the  trustees  of  the  Massachusetts  Agricultural  College,  relative 

to  the  printing  of     .  .  .  .  .  .  .417 

report  of  the  bureau  of  statistics  of  labor,  relative  to  the  printing  of    .       420 

report  of  the  bank  commissioner,  number  of  copies  to  be  printed         .       482 

Public  emploj'ees,  weekly  payment  of  wages  to  .  .  .  .  .  .       770 

Public  halls,  relative  to  the  use  of  buildings  as    .  .  .  .  .  .       292 

Public  playgrounds,  to  provide  for,  in  certain  cities  and  towns       .  .  .       464 

Public  records,  appropriation  for  salary  and  expenses  of  the  commissioner  of         20 

relative  to  the  use  of  stamping  pads  on     .  .  .  .  .  .46 

Public  schools,  instruction  in,  as  to  tuberculosis  .....       133 

relative  to  medical  inspection  in       .....  .         139,  364 

establishing  pension  funds  for  teachers  in  .....       451 

Public  service  corporations,  certain  officers  of,  exempt  from  provisions  of  act 

relating  to       .........  .       160 

Q- 

Quail,  etc.,  close  season  for,  etc.         ........  388 

Quannapowitt  Lake,  relative  to  flooding  the  lands  bordering  on    .          .          .  716 

Quansett  harbor,  survey  of        ........          .  846 

Quartermaster  general,  appropriations  for  salaries  and  expenses  in  the  de- 
partment of     ..........  53 

Quincy,  city  of,  relative  to  the  construction  of  a  new  bridge  across  the  Neponset 

river  between  Boston  and,  etc.            ......  859 

Quincy  bay,  herring  not  to  be  taken  in,  by  means  of  torches,  etc.           .          .  260 
Quivet  Neck,  in  the  town  of  Dennis,  the  Jacob  Sears  Memorial  Library  in- 
corporated in           .........  214 


1102 


Index. 


PAGE 

Rabbits,  etc.,  relative  to  the  purchase  and  sale  of  certain     ....  304 

Railroad  bonds,  savings  banks,  etc.,  may  invest  in  certain    ....  612 

Railroad  commissioners,  appropriations  for  salaries  and  expenses  in  the  de- 
partment of     ..........  .3.3 

duties  of,  relative  to  fixing  the  rout(>  of  electric  railroad  companies,  401 
to   extend  the  authority  of,  relative  to  express  business  upon  rail- 
roads, etc.        ..........  637 

to  investigate  the  question  of  freight  car  service,  etc.           .          .          .  848 

to  report  on  the  feasibility  of  developing  the  railroad  and  water  front 

facilities  of  East  Boston   ........  856 

Railroad  companies,  electric,  law  relative  to,  amended  .  .  .  .401 

Railroad  corporations: 

Boston,  Revere  Beach  and  LjTin,  exempt  from  certain  provisions  of 

law  relative  to  the  issue  of  mileage,  etc.,  tickets           .          .          .  778 
Holyoke  and  Westfield,  to  confirm  a  contract  between  the  New  Haven 

and  Northampton  Company  and         ......  634 

Milford,  Franklin  and  Providence,  the  New  England  Railroad  Company 

may  purchase  the  franchises  and  property  of       .          .           .           .  519 

Milford  and  Woonsocket,  the  New  England  Railroad  Company  may 

purchase  the  franchises  and  property  of      .          .          .          .          .  519 

New  England,  may  purchase  the  franchises  and  property  of  certain 

other  railroad  companies,          .......  519 

New  Haven  and  Northampton  Company,  to  confirm  a  contract  between 

the  Holyoke  and  Westfield  Railroad  Company  and       .          .          .  634 

Railroad  corporations,  charges  for  storage  of  baggage  by      .          .          .          .  458 

responsibility  of,  for  the  repair  and  maintenance  of  certain  bridges       .  518 
assumption  of  risk  by  employees  of            .          .          .          .          .          .519 

issue  of  bonds,  notes,  etc.,  by            .......  742 

relative  to  the  sale  of  new  stock  of,  to  stockholders    ....  757 

issue  of  mileage  and  commutation  tickets  by     .          .          .          .          .  778 

Railroad  tickets,  for  transportation  to  foreign  countries,  relative  to  persons 

engaged  in  selling     .........  448 

Railroad  and  water  front  facilities,  in  East  Boston,  development  of        .          .  856 

Railroads,  regulating  the  use  of  explosives  on  the  tracks  of             ...  450 

relative  to  express  business  upon      .  .  .  .  .  .  .637 

Railway  companies,  liability  of,  for  injuries  to  employees,  law  relative  to, 

amended          ..........  370 

Reading,  town  of,  may  sell  and  distribute  electricity  in  certain  other  towns    .  318 
Reagan,  Cornelius  F.,  may  be  reinstated  in  the  police  department  of  the  city 

of  Boston         ..........  766 

Real  estate,  sold  for  non-payment  of  taxes,  redemption  of    .  .  .  .165 

ascertainment  of  municipal  liens  on            ......  261 

mortgages  of,  relative  to  the  discharge  of            .....  109 

Rebates,  of  premiums  for  policies  issued  by  certain  insurance  companies,  pro- 
hibited     462 


IXDEX. 


1103 


Record,  of  Massachusetts  troops,  etc.,  in  the  war  of  the  rebellion,  publication 

of ^47 

Records,  of  certain  hospitals,  to  be  admitted  as  evidence  in  court 

public,  relative  to  the  use  of  stamping  pads  on  . 

war,  in  the  office  of  the  adjutant  general,  preservation  of    . 
Reformatory,  the  Massachusetts,  appropriations  for  salaries  and  expenses  at 

a  certain  sum  may  be  advanced  to  the  superintendent  of    . 

relative  to  sentences  to  . 

fixing  the  salary  of  the  physician  of 

repairs  at       ....  - 

improvements  at    . 
Reformatoiy  expenses,  appropriations  for  . 
Reformatory  prison  for  women,  appropriations  for  salaries  and  expenses  at 

a  certain  sum  may  be  advanced  to  the  superintendent  of    . 

survey  of  the  lands  of     .......  ■ 

Register  of  deeds,  Suffolk  county,  appointment  of  a  second  assistant  in  the 
office  of  ........ 

Register  of  probate,  etc.,  county  of  Berkshire,  clerical  assistance  to 

county  of  Bristol,  clerical  assistance  to 

county  of  Essex,  clerical  assistance  to 

county  of  Hampshire,  clerical  assistance  to 

county  of  Plymouth,  clerical  assistance  to 

second  assistant,  county  of  vSuffolk,  appointment  of 
clerical  assistance  to    . 
Registers  of  courts  of  insolvency,  certain  moneys  on  deposit  with,  to  be  paid 

to  the  treasurer  and  receiver  general 
Registers  of  deeds,  law  relative  to  certain  fees  of,  amended  . 
Registers  of  probate  and  insolvency,  list  of  .  .  . 

Registration,  in  dentistry,  board  of,  appropriations  for 

in  medicine,  board  of,  appropriations  for 

in  pharmacy,  board  of,  appropriations  for 

relative  to  ....... 

in  veterinary  medicine,  board  of,  appropriations  for  . 

of  hunters,  to  provide  for         ..... 

Registry  of  deeds,  Berkshire  comity,  middle  district,  copies  of  records  of,  to 
be  made  ......... 

Registry  of  deeds,  Bristol  county,  southern  district,  construction  of  a  l)uild- 
ing  for,  in  New  Bedford    ....... 

Reinsurance  and  transfer,  certain  fraternal  beneficiary  corporations  may  make 
contracts  for  ......... 

Release,  of  certain  minors  after  arrest,  relative  to         .... 

Report,  on  best  method  of  providing  for  the  insane,  relative  to 

of  the  auditor,  relative  to  the  abstract  of  ... 

of  the  banlc  commissioner,  number  of  copies  of,  to  be  printed 

of  commission  on  commerce  and  industry,  relative  to  803,  SOS,  810 

of  the  superintendent  for  the  suppression  of  the  gypsy  moth,  etc.,  ad 
ditional  copies  to  be  printed      .  .  . 


756 

228 

46 

819 

50 

132 

167 

377 

818 

837 

34 

49 

132 

814 

729 
286 
286 
322 
285 
282 
167 
341 

125 

315 

958 

30 

36 

53 

483 

128 

437 

268 

316 

421 

247 
811 
748 
482 
,851 

814 


1104 


Index. 


Report,  relative  to  the  establishment  of  an  industrial  school  for  boys,  to  ex- 
tend the  time  for  makinj^            .......  805 

of  the  Massachusetts  Agricultural  College,  relative  to  the  printing  of  .  417 

of  the  Massachusetts  highway  commission,  to  provide  for  printing  ad- 
ditional copies           .........  837 

on  laws  relating  to  savings  banks,  to  extend  the  time  for  making         .  805 

of  couHuission  on  revision  of  laws  relating  to  taxation,   relative  to 

printing           ..........  807 

of  the  trial  of  Charles  L.  Tucker,  publishing  second  volume  of  .          .  842 

Reporter  of  decisions  of  the  supreme  judicial  com't,  relative  to  the  duties  of  .  306 

Reports,  of  the  bureau  of  statistics  of  labor,  publication  of  .          .          .          .  420 

of  capital  trials,  relative  to  the  publishing  of     .          .          .          .          .  573 

Representatives,  house  of,  list  of  members  of       .....          .  940 

Reservation,  the  Greylock,  appropriation  for       .  .  .  .  .  .14 

marking  the  boundary  lines  of      ......          .  857 

the  Mount  Everett,  established         .......  539 

the  j\Iount  Tom,  appropriation  for   .......  13 

Reservations,  under  the  control  of  the  metropolitan  park  commission,  appro- 
priations for  the  care  of    .          .          .          .          .          .          .          .  283 

Resolutions,  on  the  death  of  Thomas  L.  Davis    ......  863 

Retirement,  of  judges  of  the  land  court,  to  pro\'ide  for          ....  132 

of  prison  officers,  to  provide  for        .......  640 

Return,  of  writs,  etc.,  issuing  from  certain  courts,  relative  to       .          .          .  294 

Returns,  to  be  made  by  corporations,  penalties  for  failure  to  make         .          .  281 

Returns,  by  corporations,  of  certain  bonds,  etc.,  iield  as  collateral  security    .  427 

Revere,  town  of,  appropriation  for  constructing  a  breakwater  in   .          .          .  11 

relative  to  the  rate  of  interest  on  certain  bonds  issued  by  .  .  .  61,  71 

Revised  Laws,  preparation  and  publication  of  a  supplement  to    .          .          .  200 

tables  showing  changes  in        .......          .  963 

Revocation,  of  permits  for  prisoners  to  be  at  liberty,  relative  to    .          .          .  211 
Richelieu  river,  in  the  province  of  Quebec,  relative  to  pike  perch  caught  in, 

during  a  certain  part  of  the  year        ......  442 

Rifle  ranges,  cities  and  towns  may  establish         ......  217 

Rifle  team,  of  the  militia,  to  provide  for  expenses  of    .          .          .          .          .  810 

Road,  the  law  of,  amended        .........  463 

Rockport  harbor,  improvement  of      .......          .  845 

Roxbury  district,  municipal  court  of,  clerical  assistance  to   .          .          .          .  431 

Ruffed  grouse,  etc.,  close  season  for,  etc.     .......  388 

Ruggles,  Daniel  B.,  justice  of  the  peace,  acts  conffrmed        ....  804 

Russell,  town  of,  payment  to,  for  part  of  cost  of  constructing  a  bridge  over 

the  Westfield  river  .  .  .  .  .  .  .  .  .816 

8. 

Sagamore  Water  Company,  incorporated    .......  735 

Salaries: 

justices  and  clerks  of  tlie  police  court  of  Lawrence      ....  284 

copyist  of  the  second  district  court  of  Bristol    .....  302 


Index. 


1105 


S  VLARIE3  —  concluded.  page 
sheriff  of  the  county  of  Worcester     .          .          .          .          .          .          .341 

physician  of  the  Massachusetts  reformatory       .          .          .          ...  377 

sheriff  of  the  county  of  Hampshire  .......  390 

sheriff  of  the  county  of  Norfolk         .......  392 

corporation  clerk,  office  of  the  secretary  of  the  commonwealth     .          .  450 
assistant  messenger,  executive  department         .          .          .          .          .451 

engrossing  clerk,  office  of  the  secretary  of  the  commonwealth       .          .  460 

stenographer  of  the  executive  department          .....  502 

Sale,  of  adulterated  food  and  drugs,  relative  to   .          .          .          .          .          .  200 

of  bread,  law  relative  to,  amended   .......  147 

of  carcasses  of  animals  killed  for  food,  relative  to        .          .          .          .  286 

of  cocaine,  etc.,  to  prohibit      ........  267 

of  coke  and  charcoal,  etc.,  law  relative  to,  amended    .  .  .        152,  266 

of  certain  commodities,  relative  to  monopolies  and  discriminations  in  .  409 

of  goods,  to  make  imiform  the  law  of        .....          .  172 

of  milk,  law  relative  to  vessels  used  in,  amended         ....  385 

of  paint,  etc.,  relative  to           ........  491 

of  rabbits  and  hares  legally  killed,  relative  to     .                     .          .          .  364 

Salem,  city  of,  may  take  and  fill  certain  flats  in  North  river           ...  86 

control  of  public  pleasure  grounds  in          ......  96 

to  reduce  the  number  of  members  of  the  school  committee  of      .          .  454 

Sales  Act,  so-called 172-200 

Salisbury,  town  of,  the  Long  Hill  Cemetery  Association  incorporated  in    .  290 

Sanatorium,  state,  appropriation  for  the  maintenance  of,  etc.         .  67,  842 

for  tubercular  patients,  construction  of     .          .          .          .  492 

Sanatoriums,  for  tubercular  patients,  the  trustees  of,  may  take  land,  etc.,  for 

water  and  sewerage  purposes     .......  493 

Savings  Bank,  Italian  American,  of  Boston,  incorporated      ....  255 

Savings  banks,  appropriation  for  establishing  life  insurance  departments  by    .  52 

life  insurance  policies  issued  by,  relative  to  the  surrender  charge  of       .  163 

to  codify,  revise  and  amend  the  laws  relating  to          ...          -  582 

to  extend  the  time  for  making  report  on  the  laws  relating  to        .          .  805 
relative  to  printing  the  report  of  the  commission  to  examine  the  laws 

relating  to        .........          .  814 

Scallops,  relative  to  the  taking  of       .......          .  229 

Scholarships,  free,  in  the  Massachusetts  Agricultural  College,  relative  to           .  417 

Schools,  high,  in  small  towns,  state  aid  to  .          .          .          .          .          .          .  377 

Schools,  public,  relative  to  medical  inspection  in,  etc.  ....         139,  364 

instruction  in,  as  to  tuberculosis       .  .  .  .  .  .  .133 

establishing  pension  funds  for  teachers  in            .....  451 

transportation   of   pupils   of,    by   street  and   elevated    railway   com- 
panies   ...........  490 

Sea  street,  in  Lynn,  relative  to  the  cost  of  the  extension  and  widening  of     .  315 

Seals,  to  abolish  the  bounty  on           ........  57 

Search  warrant,  disposition  of  property  seized  on          ....          .  319 

Second  assistant  register  of  deeds,  Suffolk  county,  appointment  of         .          .  729 


1106 


Index. 


Second  assistant  register  of  probate  and  insolvency,  county  of  Suffolk,  aj^point 
ment  of  ......... 

Second  district  court  of  Bristol,  salary  of  copyist  established 
Second  district  court  of  eastern  Middlesex,  clerical  assistance  for  . 
Secketaky  of  the  commonwealth  : 

appropriations  for  salaries  and  expenses  in  the  department  of 

may  revoke  the  licenses  of  hawkers  and  pedlers  in  certain  cases 

duties  of,  relative  to  changing  the  names  of  corporations     . 

establishing  the  salary  of  the  corporation  clerk  in  the  office  of     . 

duties  of,  relative  to  the  distribution  of  public  documents  3' 

duties  of,  relative  to  the  distribution  of  the  acts   and   resoh  es  of  the 
general  court  ........ 

establishing  the  salary  of  the  engrossing  clerk  in         .  .  . 

duties  of,  relative  to  persons  or  partnerships  engaged  in  the  construc- 
tion, etc.,  of  buildings,  bridges,  railroads,  etc. 

duties  of,  relative  to  the  incorporation  of  savings  banks 

may  appoint  two  deputies       ....... 

to  codify  the  laws  relating  to  labor  ..... 

to  furnish  copies  of  certain  documents  to  the  city  of  Chelsea 
Seines,  taking  of  herrings  antl  alewives  by  the  use  of   . 
Sf'uate,  list  of  members  of         .......  . 

Senator,  from  the  first  Worcester  district,  nomination  of       . 

Sentences,  to  the  Ma,ssachusetts  reformatory,  relative  to       .  .  . 

Sergeant-at-arms,  appropriations  for  salaries  and  expenses  in  the  department  o 

Service  medals,  issue  of,  to  certain  members  of  the  militia    . 

Sesuit  harbor,  in  the  town  of  Dennis,  improvement  of  .  .  . 

Sewage  disposal  : 

Hyde  Park  may  borrow  money  for  purposes  of  ... 

Maiden  may  borrow  money  for  purposes  of        ...  . 

Milford  may  borrow  money  for  purposes  of       . 

North  Attleborough  may  establish  a  system  of  ... 

Sewer  a.ssessments,  apportionment  of,  etc.  ..... 

division  of,  in  certain  cases      ....... 

Shade  trees,  law  relative  to,  amended         ...... 

Sheffield,  town  of,  certain  land  in,  to  be  acquired  as  a  state  reservation  . 

relative  to  damage  to,  caused  by  the  construction  of  a  dam  acro.ss  the 
Housatonic  river      ........ 

Sherborn,  town  of,  relative  to  Farm  pond  in        ....  . 

Sheriff,  Norfolk  county,  relative  to  the  salary  and  expenses  of 

Worcester  county,  to  establish  the  salary  of       . 
Sheriffs,  of  the  several  counties,  list  of  .....  . 

Shrubs,  trees,  etc.,  on  state  highways,  law  relative  to,  amended    . 
Sick  poor,  in  certain  cities  and  towns,  reimbursement  by  the  commonwealth 
for  the  care  of  ........ 

Sidewalk  assessments,  to  provide  for  the  apportionment  of,  etc.     . 
Sinking  funds,  appropriations  for  sundry     ...... 

Sixth  assistant  clerk,  municipal  court  of  Boston,  appointment  of   . 


2, 


Index. 


1107 


PAGE 

Slaughter  of  animals,  for  food,  relative  to  .  .  .  .  .  .  .       286 

Small  loans,  to  regulate  tlie  business  of  making  .  .  .  .  .  .713 

Small  towns,  state  aid  to  high  schools  in     .  .  .  .  .  .  .       377 

Smoke,  relative  to  the  emission  of,  in  cities  and  towns  ....       138 

Snow  or  ice,  relative  to  notices  of  injuries  resulting  from,  etc.        .  .  .       267 

Social  statistics,  certain,  tabulation  of         ......  .       -le? 

Societies: 

American  Antiquarian,  in  Worcester,  certain  land  of,  may  bo  taken 

and  held  by  the  county  of  Worcester  .  .  .  .717 

Congregational  Sunday  School  and  Publishing,  relative  to  meetings  of       125 
Economic  Life  Insurance,  charter  amended        .....       204 

Engelbrekt,  incorporated  .  .  .  .  .  .  •  .82 

First  Baptist,  of  Fall  River,  may  remove  certain  human  remains  .       292 

First  Universalist,   of  Middleton,   may  sell  and   convey  certain  real 

estate 299 

Haverhill  Agricultural,  incorporated,  etc.  ....  72,  379 

Mutual  Direct  Life  Assurance,   extending  the  time  within  which  it 

may  file  its  certificate  of  incorporation        .....         63 

Societies,  unions,  etc.,  to  prohibit  the  fraudulent  use  of  names,  titles,  etc.,  of  .       237 

Soldiers,  etc.,  appropriations  for  payment  of  annuities  and  pensions  to  .         12 

who  served  in  the  civil  war,  law  relative  to  the  purchase  of  histories  of, 

amended  ..........       203 

publication  of  a  record  of,  etc.  ......         447,  756 

widows  of,  relative  to  state  aid  to    .  .  .  .  .  .  .       357 

Soldiers'  Home,  appropriation  for      ........         92 

completion  of  the  hospital  building  at,  etc.         .....       852 

Trustees  of,  charter  amended  .  .  .  .  .  .  .148 

in  favor  of  ..........       804 

Somerville,  city  of,  an  elevated  railway  may  be  constructed  tlu'ough,  from 

SuUivan  square  in  Boston  to  the  city  of  Medford  .  .         476,  756 

South  Danvers   National  Bank,   to  compensate  the  treasurer  and  receiver 

general  for  loss  sustained  by  the  failure  of  ....       804 

South  metropolitan  sewerage  system,  appropriation  for  maintenance  of         .       158 

South  Parish  in  Andover,  the  Ministerial  Fund  of,  investment  of  .  .  .       129 

Spanish  war  veterans,  camps  of,  may  parade  on  Memorial  Sunday  .  .       497 

relative  to  the  fifth  annual  encampment  of         ....  .       857 

the  Stephen  J.  Ryan  camp  of,  relieved  from  certain  taxation       .  .       113 

Special  administrators,  payment  of  expenses  incurred  by,  in  proving  a  will  in 

certain  cases   .  .  .  .  .  .  .  .  .  .111 

Special  district  police  officers,  officers  of  the  state  farm  may  be  appointed  as  .       428 
Special  enumerations,  of  inhabitants  of  cities  and  towns,  relative  to       .  .65 

Special  judge  of  probate,  in  the  counties  of  Berkshire  and  Hampden,  to  pro- 
vide for  the  appointment  of       .  '       .  .  .  .  .  .77 

Special  messages  of  the  governor        ........       893 

Specimen  ballots,  law  relative  to  the  posting  of,  amended     ....       373 

Speed   tests,   by  automobiles,   etc.,  may  be  permitted  on   the  highways  of 

Lowell  and  Tyngsborough  .......       770 


1108 


Index. 


Spellman,  Edward  D.,  the  city  of  Boston  may  pay  a  sum  of  money  to  the 

mother  of        .........  .       457 

Spendthrifts,  relative  to  the  property  of  persons  under  guardianship  as  .         56 

Spit  bill,  so-called,  amended      .  .  .  .  .  .  .  .  .110 

Springfield,  city  of,  filling  of  vacancies  in  certain  offices  in  .  .  .  .         41 

changing  the  name  of  the  truant  school  in  .....         72 

building  of  structures  over  the  Connecticut  river  in    .  .  .  .541 

police  court  of,  to  provide  an  additional  probation  officer  for       .  .       140 

Sprout  lands,  etc.,  protection  of,  from  fire  .  .  .  .  .  .155 

Squirrels,  gray,  protection  of     ........  .       246 

St.  Paul's  Church,  in  Nantucket,  incorporated     .  .  .  .  .  .151 

Stage  Fort  park,  in  Gloucester,  relative  to  the  use  of  .  .  .  .  .131 

Stamping  pads,  on  public  records,  relative  to  the  use  of        .  .  .  .46 

Standard  of  milk,  established    .........       767 

State  aid,  to  widows  of  soldiers  and  sailors,  relative  to  ...  .       357 

for  high  scliools  in  small  towns  .......       377 

State  and  military  aid,  appropriations  for  payment  of  ....         27 

State  colony  for  the  insane,  appropriation  for  the  maintenance  of  .  .         45 

improvements  at    .........  .       848 

State  elections,  publication  of  ballots  for    .  .  .  .  .  .  .419 

State  farm,  appropriations  for  salaries  and  expenses  at  ....         69 

a  certain  sum  may  be  advanced  to  the  superintendent  of    .  .  .132 

officers  of,  may  be  appointed  special  district  police  officers  .  .       428 

certain  improvements  at  ......  .         857,  861 

State  forester,  duties  of,  in  the  enforcement  of  the  law  to  provitle  for  the  pro- 
tection of  forest  lands,  etc.,  from  fin>  .  .  .155 
may  expend  a  certain  sum  annually  in  the  purchase  of  forest  land,  etc.       433 
sale  of  publications  of     ........          .       852 

State  highways,  law  relative  to  the  care  of  trees,  shrubs,  etc.,  on,  amended    .       259 
to  provide  for  certain,  in  the  county  of  Berkshire       ....       733 

certain  fees  may  be  used  in  the  maintenance  of  ....       766 

State  hospital,  appropriations  for  the  maintenance  of  .  .  .  .  .77 

a  certain  sum  may  be  advanced  to  the  superintendent  of    .  .  .       132 

the  Foxborough,  appropriation  for  the  maintenance  of        .  .  .43 

the  Northampton,  appropriation  for  the  maintenance  of      .  .45 

State  house,  rearrangement  of  rooms  to  be  vacated  by  the  gas  and  electric 

light  commissioners  ........       785 

rearrangement  of  rooms  in,  for  the  use  of  the  state  library  860 

State  industrial  school  for  girls,  appropriations  for  salaries  and  expenses  at    .        107 

State  institutions,  certain,  advances  to  disbursing  officers  of  .  .  .        132 

relative  to  treasurers  and  di.sbursing  officers  of  ....        146 

relative  to  certificates  of  indebtedness  issued  for  improvements  at        .       266 
State  library,  appropriations  for  salaries  and  expenses  of      .  .  .  .23 

additional  allowance  for  clerk  hire  in         .....  .       297 

to  provide  additional  accommodations  for  ....  .       860 

"State  Officials,"  term  defined,  when  used  in  certain  cases  .  .  .  .       759 

State  ornithologist,  appointment  of 206 


Index. 


1109 


State  prison,  appropriations  for  salaries  and  expenses  at       .  .  .  .50 

a  certain  sum  may  be  advanced  to  the  warden  of       .  .  .  .132 

survey  of  the  lands  of     .  .  .  .  .  .  .  .  .814 

State  reservation,  the  Greylock,  appropriation  for        .  .  .  .  .14 

marking  the  boundary  lines  of      ......  .       857 

the  Mount  Everett,  established         .......       539 

the  Mount  Tom,  appropriation  for   .  .  .  .  .  .  .13 

State  school,  the  Wrentham,  appropriation  for  the  maintenance  of         .  .48 

State  tax,  apportioned  and  assessed  ........       785 

Statistics  of  labor,  bureau  of,  appropriations  for  salaries  and  expenses  in  .  .         21 

repeal  of  law  requiring  a  special  enumeration  of  inhabitants  of  cities 
and  towns  by  ........ 

to  furnish  information  relative  to  the  demand  for  employment    . 

publications  of        ........  . 

expenditures  by     ........  . 

duties  of,  relative  to  free  employment  offices     .... 

to  tabulate  certain  social  statistics  ...... 

to  publish  certain  agricultural  statistics    ..... 

Steam  boilers,  operation  and  inspection  of  ..... 

Steamship  tickets,  for  ti'ansportation  to  foreign  countries,  relative  to  persons 
engaged  in  selling    ........ 

Stenographer,  of  the  executive  department,  salary  of  . 
Stephen  J.  Ryan  camp,  Spanish  war  veterans,  relieved  from  certain  taxation 
Sterling,  town  of,  boundary  line  between  Lancaster  and 

Stock,  new,  of  railroad  corporations  and  street  railway  companies,  relative  to 
the  price  of,  to  stockholders       ...... 

Storage,  of  baggage,  by  railroad  corporations,  charges  for     . 
Street  railway  bonds,  savings  banks,  etc.,  may  invest  in  certain    . 
Street  railway  companies,  certain  provisions  of  law  relative  to  the  manufacture 
and  sale  of  electricity  extended  to      . 

protected  from  unlawful  use  or  diversion  of  electricity,  etc. 

may  transport  milk  and  cream         ...... 

transportation  of  school  children  by  ....  . 

responsibility  of,  for  the  repair  and  maintenance  of  certain  bridges 

issue  of  bonds,  notes,  etc.,  by  ...... 

relative  to  the  sale  of  new  stock  of,  to  their  stockholders    . 
Street  railway  corporations  : 

Boston  Elevated  Railway  Company,  date  of  payment  of  franchise  tax 

by 

may  construct  an  elevated  railway  from  Sullivan  square  in  Boston  to 

the  city  of  Medford 476,  756 

may  consolidate  with  the  West  End  Street  Railway  Company  .       511 

Citizens'  Electric,  to  pay  part  of  cost  of  repair  and  reconstruction  of  a 

certain  bridge  over  the  Merrimac  river  .....  764 
Lowell,  Acton  and  Maynard,  charter  amended  .....  387 
West  End  Street  Railway  Company,    the   Boston  Elevated   Railway 

Company  may  consolidate  with  .  .  .  .  .  .511 


65 
267 
420 
435 
438 
467 
858 
531 

448 
502 
113 

379 

757 
458 
620 

168 
204 
235 
490 
518 
742 
757 


333 


1110 


Index. 


PAGE 

Street  railways,  relative  to  temporary  locations  of        ....  .       225 

Street  watering,  certain  towns  may  appropriate  money  for  ....       408 

Suffolk  county,  second  assistant  register  of  probate  and  insoheiicy  for,  ap- 
pointment of  .  .  .  .  .  .  .  .  .167 

superior  court  for,  salaries  of  assistant  clerks  of,  to  be  paid  bi-weekly       218 
clerical  assistance  to  the  register  of  probate  of  .  .  .  .  .341 

relative  to  medical  examiners  of       ......  .       374 

relative  to  the  enlargement  of  the  court  house  in        .  .  .         160,  642 

second  assistant  register  of  deeds  for,  appointment  of  .  .  .       729 

Sullivan  square,  in  Boston,  an  elevated  railway  may  be  constructed  from, 

through  the  city  of  Somerville  to  the  city  of  Medford  .         476,  756 

Superior  court,  relative  to  exceptions  in      .  .  .  .  .  .         131,  467 

prosecution  in,  of  claims  against  the  commonwealth  ....       248 

may  grant  an  order  directing  employers,  in  cases  of  injured  emjiloyees, 

to  permit  inspection  of  works  or  machineiy,  etc.  .  .       325 

jurisdiction  of,  in  the  enforcement  of  the  law  relative  to  the  inspection 

of  buildings      ..........       335 

jurisdiction  of,  in  restraining  the  violation  of  certain  provisicnis  of  law 

concerning  electric  power  companies  .....       735 

county  of  Suffolk,  salaries  of  assistant  clerks  of,  to  be  paid  bi-weekly  .       218 
Supervisor  of  accounts,  in  the  auditor's  department,  appointment  of      .  .       635 

Supervisors,  of  assessors,  appointment  of    .  .  .  .  .  .  .       509 

Svii)plement,  to  the  Revised  Laws,  preparation  and  publication  of  .  .       200 

Supreme  judicial  court,  relative  to  exceptions  in  .  .  .  .         131,  467 

relative  to  reporting  the  decisions  of  .....  .       306 

jurisdiction  of,  in  restraining  the  violation  of  cei"tain  pri)\i.sions  of  law 

concerning  electric  power  companies  .....       735 

Sureties,  on  bonds,  certain  officials  reimbursed  for  expense  of  procuring  .       428 

Surgeon  general,  appropriations  for  salary  and  expenses  of  .  .  .  .28 

Surrender  charge,  of  certain  life  insurance  policies,  relative  to        .  .  .       163 

Surrender  options,  in  life  insurance  policies,  relative  to  ...  .       123 

Swampscott,  town  of,  repeal  of  a  certain  act  concerning        .  .  .  .152 

included  in  the  metropolitan  water  district         .....       528 


T. 

Tables  showing  changes  in  the  Revi.sed  Laws,  etc. 

Tabulation,  of  certain  social  statistics  .... 

Target  range,  at  the  Massachu.setts  Agricultural  College,  establishment 

Taunton  in.sane  hosj)ital,  approjjriation  for  the  maintenance  of 

improvements  at    . 
Tax,  county,  Barnstable  ....... 

Berkshire  ........ 

Bristol        ........ 

Dukes  County    ....... 

Essex         ........ 

Franklin     ........ 


of 


963 
467 
819 
45 
845 
820 
821 
824 
825 
823 
832 


Index.  1111 

PAGE 

Tax,  county,  Hampden     ..........       833 

Hampshire  ..........       827 

Middlesex 828 

Norfolk 830,  841 

Plymouth 835 

Worcester  ..........       831 

state,  apportioned  and  assessed         .......       785 

Ta.x  commissioner,  appropriations  for  salaries  and  expenses  in    the   depart- 
ment of  ..........         41 

duties  of,  relative  to  the  taxation  of  express  companies       .  .  145 

»       filing  of  inventories  of  estates  in  the  office  of      .  .  .  .  .       227 

to  furnish  books  and  blanks  to  assessors   ......       279 

to  provide  cities  and  towns  with  valuation  books        ....       332 

law  relative  to  the  powers  of,  amended     ......       383 

to  appoint  supervisors  of  assessors    .......       509 

Taxation,  of  certain  plantations  of  trees,  relative  to     .  .  .  .  .89 

certain  property  held  by  the  Tnistees  of  the  White  Fund  exempt  from        88 
the  Stephen  J.  Ryan  Camp,  legion  of  Spanish  war  veterans,  exempted 

from  certain    .  .  .  .  .  .113 

of  express  companies,  relative  to       .....  .         145,  733 

of  legacies,  etc.,  law  relative  to,  amended  .....       227 

vmder  law  relative  to  collateral  legacies  and  successions,  certain  prop- 
erty exempt  from     .........       840 

more  effective  administration  of  the  laws  relating  to  ...       509 

exemption  from,  of  certain  issues  of  bonds         ....         423,  632 

of  real  estate  and  machinery  of  water  companies,  relative  to        .  .       145 

report  of  commission  on  revision  of  laws  relating  to,  relative  to  printing       807 

Taxes,  franchise,  of  business  corporations,  distribution  of     .  .  .  .731 

relative  to  the  collection  of      ........         70 

redemption  of  real  estate  sold  for  non-payment  of      .  .  .  .165 

impaid,  of  domestic  corporations,  relative  to  the  abatement  of    .  162 

deputy  collectors  of,  women  may  be  appointed  as       .  .  .  .       207 

on  legacies  and  successions,  abatement  of  certain        ....       744 

Teachers,  in  public  schools,  pension  funds  established  for      ....       451 

in  the  public  schools  in  Boston,  to  provide  for  the  payment  of  pensions  to  578 
Technology,  the  Massachusetts  Institute  of,  appropriation  for        .  .  .         21 

Telephone  and  telegraph  companies,  appropriation  for  supervision  of     .  .         21 

Telephone  company  bonds,  savings  banks,  etc.,  may  invest  in  certain       .  .021 

Templeton,  town  of,  boundary  line  between  Phillipston  and  .  359 

Temporary  county  treasurers,  appointment  of     .  .  .  .  .  .       339 

Temporary  loans,  of  cities  and  towns,  relative  to  ....  .       210 

Temporary  locations  of  street  railways,  relative  to        ....  .       225 

Textile  school,  the  Lowell,  in  favor  of  ......  .       839 

additional  equipment  for      ........       840 

the  Bradford  Durfee  of  Fall  River,  in  favor  of  .  .  .  .  .       840 

the  New  Bedford,  in  favor  of  .  .  .  .  .  .  .  .       852 

Theatres,  etc.,  relative  to  the  use  of  buildings  as  .....       292 


1112 


Index. 


PAGE 

Theatres,  law  relative  to  passageways  in,  amended       .....  293 

Theatrical  exhibitions,   in  the  city  of  Boston,   relative  to  the  licensing  of 

persons  holding        .........  449 

Torches,  etc.,  not  to  be  used  in  the  taking  of  herring  in  certain  waters  .          .  200 

Torpedoes,  etc.,  regulating  the  use  of,  on  railways        .....  450 

Tower,  Benjamin  L.  M.,  justice  of  the  peace,  acts  confirmed          .          .          .  818 

Town  clerks,  relative  to  marriage  certificates  issued  by         ....  90 

Towns: 

Amesbury,  repair  or  reconstruction  of  the  bridge  over  the  Merrimac 

river  between  Deer  island  in,  and  the  city  of  Newburyport  .  763 
Andover,  may  make  an  additional  water  loan    .          .          .          .          .314 

Ashland,  may  supply  itself  and  its  inhabitants  with  water  .  .411 

Athol,  relative  to  the  sewer  indebtedness  of       ....          .  248 

Attleborough,  may  issue  water  supply  bonds     .....  54 

erection  of  a  building  for  the  fourth  district  court  of  Bristol  at          .  92 

Auburn,  boundary  line  between  Oxford  and       .....  265 

Barnstable,  improvement  of  Cotuit  harbor  in     .          .          .          .          .  507 

improvement  of  East  Bay  harbor  in      .....          .  849 

Becket,  a  state  highway  may  be  constructed  from  the  city  of  Pitts- 
field  to 733 

Belchertown,  water  supply  for          .......  269 

Blandford,  water  supply  for    .  .  .  .  .  .  .  .241 

Bourne,  water  supply  for         ........  735 

Bridgewater,  relative  to  the  conveyance  of  the  property  of  the  Bridge- 
water  Academy  to   .  .  .  .  .  .  .  .  .98 

Brookfield,  may  borrow  money  to  pay  certain  notes  ....  85 

water  supply  of            .........  444 

Brookline,  may  maintain  reservations  in  certain  ways         .          .          .  276 

Canton,  conveyance  of  the  Wheeler  estate  to     .          .          .          .          .  230 

Chelmsford,  additional  land  and  buildings  for  the  Middlesex  county 

training  school  at     ........          .  138 

to  change  the  name  of  the  truant  school  in    .  .  .72 

Chester,  may  borrow  money  for  constructing  a  school  building    .  486 
Dana,  included  in  the  first  medical  examiner  district  of  the  county  of 

Worcester        ..........  99 

Danvers,  rate  of  interest  on  certain  water  loan  bonds  of      .          .          .  107 

Dennis,  the  Jacob  Sears  Memorial  Library  incorporated  in            .          .  214 

improvetnent  of  Sesuit  harbor  in             ......  522 

East  Bridgewater,  to  provide  a  water  supply  for  a  part  of  .          .          .  574 
Risthampton,  confirming  the  acceptance  of  a  certain  act  by        .          .  112 
the  Trustees  of  the  Methodist  Episcopal  Church  of,  may  convey  cer- 
tain real  estate         .........  748 

Edgartown,  shooting,  etc.,  of  wild  fowl  in  the  waters  of      .          .          .  289 
Erving,  a  dam  may  be  constructed  across  the  Connecticut  river  be- 
tween tiie  town  of  Gill  and         .......  566 

Falmouth,  construction  of  a  breakwater  at  f  he  mouth  of  Wild  harbor  in  862 

Framingham,  relative  to  the  state  armory  in     .          .          .          .          .  535 


Index.  1113 


Towns  —  continued.  page 

Franklin,  may  make  an  additional  water  loan   .....  58 
Gardner,  boundary  line  between  Westminster  and      .          .          .          .361 

boundary  line  between  Wincliendon  and        .  .  .  .  .361 

Gill,  a  dam  may  be  constructed  across  the  Connecticut  river  between 

the  town  of  Northfield  and         .......  566 

Gosnold,  improvement  of  Cuttyhunk  harbor  in            ....  859 

Greenfield,  may  acquire  the  franchise,  etc.,  of  Greenfield  I'Mro  District 

Number  One  ..........  459 

Harwich,  further  improvement  of  Witchmere  harbor  in       .          .          .  851 

Hopedale,  may  connect  with  the  sewerage  system  of  the  town  of  Milford  238 

Huntington,  water  supply  for            .......  629 

Hyde  Park,  may  borrow  money  for  sewerage  purposes        .          .          .  112 

Ipswich,  may  make  an  additional  water  loan     .          .    '       .          .          .  159 

Lancaster,  boundary  line  between  Sterling  and           ....  379 

Lynnfield,  the  town  of  Reading  may  sell  and  distribute  electricity  in  a 

certain  part  of          ........          .  318 

Manchester,  may  take  additional  sources  of  water  supply   .          .          .  406 
Marble  head,  may  make  an  additional  water  loan         .          .          .          .495 

relative  to  the  fire  department  of.          .          .          .          .          .          .  641 

Marion,  relative  to  the  water  loan  of          ......  37 

Marshfield,  relative  to  the  improvement  of  Green  harbor  in          .          .  572 

Mashpee,  to  authorize  the  construction  of  cei-tain  bridges  in         .          .  99 

Medway,  may  supply  itself  with  water      ......  249 

Methuen,  may  borrow  money  for  water  supply  purposes     .          .          ,  364 
Milford,  may  borrow  money  for  sewer  purposes          .          .          .          .218 

relative  to  the  sewerage  system  of  .  .  .  .  .  .219 

the  town  of  Hopedale  may  connect  with  the  sewerage  system  of      .  238 
Montague,  may  elect  a  board  of  license  commissioners         .          .          .116 

the  Lake  Pleasant  Water  Supply  District  established  in             .          .  395 
Mount  Washington,  certain  land  in,  to  be  acquired  as  a  state  reser- 
vation   ...........  539 

Nantucket,  St.  Paul's  Church  in,  incorporated  .....  151 

relative  to  the  Wannacomet  Water  Company  in      .          .          .          .  507 
Natick,  the  Bacon  Free  Library  incorporated  in          .          .          .          .212 

Needham,  to  increase  the  rate  of  interest  on  certain  bonds  of      .          .  150 

Newbury,  the  city  of  Newburyport  may  supply  water  to    .          .          .  347 

the  Trustees  of  Dummer  Academy  in,  may  mortgage  its  real  estate  343 
North  Attleborough,  may  accjuire  land  and  establish  a  sewage  disposal 

plant 393 

preservation  of  a  boundary  mark  between  Plain ville  and         .          .  813 

North  Brookfield,  may  borrow  money  to  refund  certain  notes    .          .  342 
North  Reading,  the  town  of  Reading  may  sell  and  distribute  electricity 

in 318 

Northbridge,  boundary  line  between  Uxbridge  and     ....  360 
Northfield,  a  dam  may  be  constructed  across  the  Connecticut  river  be- 
tween the  town  of  Gill  and        .......  566 


1114 


Index. 


Towns  —  concluded.  page 

NorwcU,  the  First  Parish  Cemetery  Association  incorpf)rat('<l  in   ,  103 

the  Pinehurst  Cemetery  Association  incorporated  in         .          .          .  277 

Orange,  may  pay  a  sum  of  money  to  company  E,  second  regiment       .  76 

Oxford,  boundary  line  between  Auburn  and       .....  265 

PeppercU,  may  supply  itself  and  its  inliabitants  with  water          .          .  78 

Phillipston,  bounilary  line  between  Templeton  anil     ....  359 

Plainville,  may  supply  itself  with  water    ......  352 

preservation  of  a  boundary  niark  between  North  Attleborough  and  813 

Plymouth,  relative  to  the  erection  of  a  house  of  correction,  etc.,  in      .  101 

Reading,  may  sell  and  distribute  electricity  in  certain  other  towms        .  318 

Revere,  appropriation  for  constructing  a  breakwater  in       .          .          .  11 

relative  to  the  rate  of  interest  on  certain  bonds  issued  by        .  .61,71 

Russell,  payment  to,  for  part  of  cost  of  constructing  a  bridge  over  the 

Westfield  river 816 

Salisbury,  the  I^ong  Hill  Cemetery  Association  incorporated  in    .          .  290 

Slieffield,  certain  land  in,  to  be  acquired  as  a  state  reservation     .          .  539 

relative  to  damages  to,  caused  by  the  dam  across  tiie  Housatonic 

river 839 

Sherborn,  relative  to  Farm  pond  in            ......  426 

Sterling,  boundary  line  between  Lancaster  and           ....  379 

Swampscott,  certain  act  concerning,  repealed    .  .  .  .  .152 

included  in  the  metropolitan  water  district     .....  528 

Templeton,  boundary  line  between  Phillipston  and     ....  359 

Tyngsborough,  relative  to  speed  tests  of  automol>iles  on  highways  in  .  770 

Uxbridge,  boundary  line  between  Northbridge  and     ....  360 
Wakefield,  examination  of  Lake  Quannapowitt  in       .          .          .          .716 

Walpolc,  to  change  the  name  of  the  truant  school  in            ...  72 

Ware,  the  Otis  Company  may  distribute  gas,  etc.,  in            .          .          .  169 

Watertown,  the  Watertown  Home  for  Old  Folks  incorporated  in          .  90 

relative  to  town  meetings  in  .  .  .  .  .  .  .310 

Wellfleet,  construction  of  the  dike  across  Herring  river  in  .          .          .  135 
West  Bridgewater,  the  town  of  East  Bridgewater  may  suj)ply  water  to 

a  part  of          .........          .  574 

West  Springfield,  additional  water  loan  for         .....  639 

Westminster,  boimdary  line  between  Gardner  and      ....  361 

Wilmington,  the  town  of  Reading  may  sell  and  distribute  electricity  in  318 
Winchendon,  boundary  line  between  Gardner  and      .           .          .          .361 

Towns,  to  prohibit  the  setting  of  fires  in  certain,  etc.  .....  155 

relative  to  appropriations  of  money  by,  for  certain  purposes        .  65,  249 

may  maintain  public  gymnasiums,  etc.      ......  339 

relative  to  common  landing  places  in         .....          .  714 

certain,  improvement,  etc.,  of  ways  in       .....          .  235 

may  appropriate  money  for  watering  public  streets          .          .          .  408 

state  aid  for  liigh  schools  in            .......  377 

Towns  and  cities,  special  enumerations  of  inliabitants  of,  relative  to           .          ,  65 
disposition  of  certain  liorses  owned  by       .          .          .          .          .          .98 


Index. 


1115 


PAGE 

Towns  and  cities,  care  and  custody  of  public  documents  by  ...       106 

to  provide  instruction  in  the  public  schools  as  to   tuberculosis  and  its 

prevention       .  .  .  .  .  .  .  .  .  .133 

emission  of  smoke  in       .  .  .  .  .  .  .  .  .138 

apportionment  of  sidewalk  assessments  in  .  .  .  .  .       160 

inspection  of  buildings  in  certain  .  .  .163 

engaged  in  the  manufacture  and  sale  of  electricity,  certain  provisions 

of  law  extended  to  .  .  .  .  .  .  .  .  .       168 

protected  from  unlawful  use  or  diversion  of  electricity         .  .  .       204 

temporary  loans  of  .  .  .  .  .  .  .  .  .210 

may  establish  rifle  ranges         .  .  .  .  .  .  .  .217 

may  permit  hill-climijing  contests  by  automobiles,  etc.,  under  certain 

restrictions      ..........       223 

to  be  furnished  with   printed  bulletins   by  the  bureau  of  statistics  of 

labor,  showing  demands  for  employment    .....       267 

law  relative  to  indebtedness  of,  amended  .....       295 

apportionment,  etc.,  of  sewer  assessments  in      .  .  .  .  .       30-1 

may  permit  the  use  of  lunch  wagons  on  highways       ....       309 

duties  of  boards  of  health  of,  relative  to  the  inspection  of  meat  and 

provisions        ..........       362 

distribution  of  public  documents  to  ......       372 

vacation  of  members  of  police  departments  of  .  .  .  .  .       431 

certain  bomls  issued  by,  to  be  exempt  from  taxation  .  .         423,  632 

may  establish  pension  funds  for  teachers  in  public  schools  .  .       451 

protection  of  sources  of  water  supply  in    .  .  .  .  .  .       452 

certain,  to  provide  for  public  playgrounds  in     .  .  .  .  .       464 

protection  of  the  water  supplies  of  .  .  .  .  .  .  .       502 

repair  and  maintenance  of  certain  bridges  in      .  .  .  .  .518 

to  be  reimbursed  for  caring  for  certain  sick  poor         ....       520 

may  license  the  business  of  making  small  loans  ....       713 

relative  to  the  distribution  to,  of  franchi.se  taxes  of  business  corporations       731 
Training  school,  the  Middlesex  county,  at  Chelmsford,  additional  land  and 

buildings  for  ..........       138 

Tramps,  arrest  and  care  of         ........  .       536 

Transfer  of  prisoners,  relative  to         .......  .       167 

Traverse  jurors,  to  try  cases  of  murder  in  the  first  degree,  compensation  of    .       302 
Treasurer  and  receiver  general,  appropriations  for  salaries  and  expenses  in 

the  department  of    ........  .  7 

certain  moneys  on  deposit  with  registers  of  courts  of  insolvency  to  be 

paid  to  ..........  .       125 

may  issue   bonds,   etc.,   to  meet  additional  expense  of  enlarging  the 

Suffolk  county  court  house        .  .160,  642 

may  increa.se  the  issue  of  bonds  authorized  by  the   act  of  nineteen 

hundred  and  seven  for  improvements  at  certain  state  institutions      266 
the  bank  commissioner  to  examine  cash  and  securities  held  by    .  .       364 

may  issue  bonds  to  meet  expense  of  completing  the  state  armory  in 

Worcester        ..........       410 


IIIG  Indkx:. 

PAOB 

Treasurer  and  receiver  <>;eneral,  may  issue  scrip,  etc.,  for  certain  additions  to 

the  metropolitan  sewerage  works        .  .  .  .  .  .521 

may  issue  Ijonds,  etc.,   for  an  increase   in  the  MetropoUtan  Water 

Loan       ...........       523 

may  issue  bonds,  etc.,  to  meet  expense  of  completing  the  armorj'  in 

the  town  of  Framingham  .......       535 

duties    of,  relative  to   the  disposii!  of  old   vessels  and    other    floating 

structiu'es        .'.........       634 

may  issue  Armory  Loan  Bonds         .......       688 

may  issue  bonds,  etc.,  to  meet  expense  of  constructing  a  state  highway 

in  the  county  of  Berkshire  .......       733 

may  abate  certain  taxes  assessed  on  legacies  and  successions        .  .       745 

may  issue  bonds,  etc.,  to  meet  expense  of  constructing  buildings,  etc., 

for  the  industrial  school  for  boys        ......       762 

may  issue  scrip,  etc.,  for  boulevard  purposes     .....       781 

may  issue  scrip,  etc.,  for  park  purposes  .  .....       782 

may  issue  scrip,  etc.,  to  meet  expenses  of  improvements  at  the  Wren- 

tham  state  school    .........       782 

duties  of,  relative  to  the  collection  of  the  state  tax  ....       793 

may  borrow  money  in  anticipation  of  revenue  ....         801,  802 

compensatetl  for  loss  sustained  by  the  failure  of  the  South  Danvers 

National  Bank 804 

Treasurers,  etc.,  of  state  institutions,  relative  to  .  .  .  .  .146 

Trees,  taxation  of  certain  plantations  of     .......         89 

shrubs,  etc.,  on  state  highways,  law  relative  to,  amended    .  .  .       259 

shade,  law  relative  to,  amended        .......       257 

Trial  justices,  to  have  jurisdiction  in  enforcing  the  law  relative  to  inspection 

of  buildings     ..........       335 

Truant  schools,  to  change  the  name  of  certain     ......         72 

Trust  companies,  may  be  appointed  conservators  of  the  property  of  aged 

persons,  etc.    .........  86,  458 

law  relative  to,  amended  ........       470 

Trustees,  appointed  to  hold  property  for  charitable  purposes,  giving  of  bonds 

by .257 

of  the  American  College  for  Girls  at  Constantinople  in  Turkey,  incor- 
porated ..........       208 

of  Boston  College,  charter  amended  .......       295 

of  Bridgewater  Academy,  to  extend  the  time  within  which  the  prop- 
erty of,  may  be  conveyed  to  the  town  of  Bridgewater  .  .         98 
of  Dunnner  Academy,  may  borrow  money  for  certain  purposes   .  .       343 
of  the  Massachusetts  Agricultural  College,  printing  of  the  report  of       .       417 
of  the  Methodist  Episcopal  Church  of  Easthampton,  may  convoy  cer- 
tain real  estate         .........       748 

of  the  Ministerial  Fund  of  the  South  Parish  in  Andover,  may  invest 

the  funds  of  the  corporation  in  certain  securities  .  .  129 

of  sanatoriums  for  tubercular  patients,  may  take  land,  etc.,  for  water 

and  sewerage  pinposes      ........       493 


Index. 


1117 


Trustees,  of  the  Soldiers'  Home,  charter  amended         .... 

in  favor  of  ......... 

of  the  White  Fund,  certain  property  of,  exempt  from  taxation    . 
Tubercular  patients,  construction  of  a  sanatorium  for 

trustees  of  sanatoriums  for,  may  take  land,  etc.,  for  water  and  sewerage 
purposes  ......... 

Tuberculosis,  instruction  in  the  public  schools  as  to  prevention  of 
to  provide  for  an  exhibit  at  the  international  congress  on   . 
Tucker,  Charles  L.,  publishing  second  volume  of  report  of  trial  of 
Turners  Falls  Company,  provisions  affecting        ..... 

Turpentine,  etc.,  relative  to  the  sale  of       .....  . 

Tyndale,  .Theodore  H.,  authorized  to  construct  bridges  across  certain  waters 
in  the  town  of  Mashpee    ........ 

Tyngsborough,  town  of,  relative  to  speed  tests  of  automobiles  on  highways  in 

u. 

Unions,  fraternities,  etc.,  to  prohibit  the   fraudulent   use   of    names,    titles, 
etc.,  of   .........  . 

United  States,  to  be  reimbursed  for  injury  to  certain  military  property 
Universalist  Society,  the  First,  of  Middleton,  may  sell  and  convey  certain  real 
estate     .......... 

Unnaturalized  foreign  born  persons,  relative  to  hunting  by  . 

Unpaid  commissions,  etc.,  may  be  compensated  for  expenses 

Unpaid  labor,  may  be  performed  on  boats  and  yachts  on  the  Lord's  day 

Unpaid  taxes,  of  domestic  corporations,  abatement  of  .  .  . 

Uxbridge,  town  of,  boundary  line  between  Northbridge  and 


PAGE 

148 

804 

88 

492 

493 
133 

858 
842 
567 
491 

99 
770 


237 
320 

299 
344 
50G 
230 
162 
360 


Y. 

Vacations,  of  members  of  police  departments,  relative  to 
Vaccination,  of  infants,  repeal  of  law  relative  to 
Valuation  lists,  of  assessors,  law  relative  to,  amended 
Vessels,  old,  and  other  floating  structures,  disposition  of 
used  in  the  sale  of  milk,  law  relative  to,  amended 
Veterans,  retired  from  the  service  of  the  commonwealth,  appropriation  fo 
compensation  of       .......  . 

Veterinary  medicine,  board  of  registration  in,  appropriations  for  . 
Veterinary  surgeon,  one  of  the  inspectors  of  animals  to  be  registered  as 
Vineyard  Haven  harbor,  extending  the  breakwater  in  ... 

Vineyard  Sound,  removal  of  obstructions  near  the  pier  at  Oak  Bluffs  in 
Voters,  listing  of,  in  Boston,  to  extend  the  time  for      .... 


431 
293 
332 
633 
385 

22 
128 
324 
486 
845 
435 


Waban  Church  Corporation,  may  sell  and  convey  its  property       .  .  .       387 

Wachusett  lake,  in  the  towns  of  Princeton  and  Westminster,  the  city  of  Fitch- 
burg  may  supply  itself  with  water  from  the  watershed  of     .  .       327 


1118 


Index. 


Wages,  assignment  of,  provision  affecting  the  law  relating  to 

weekly  payment  of,  to  public  employees,  relative  to  . 
Wakefield,  town  of,  examination  of  Lake  Quannapowitt  in  . 
Walpolp.  town  of,  to  change  the  name  of  the  truant  .school  in 
Wannacomet  Water  Company,  relative  to  ... 

War  records,  in  the  office  of  the  adjutant  general,  preservation 
Warden  of  the  state  prison,  a  certain  sum  may  be  advanced  to 
Ware,  town  of,  the  Otis  Company  may  distribute  gas,  etc.,  in 
Ware  Gas  Light  Company,  may  convey  its  franchise,  etc.,  to  the 
Wareham  Fire  District,  to  protect  the  water  supply  of 
Warrant,  search,  disposition  of  property  seized  on 
Water,  relative  to  the  use  of,  for  humidifying  purposes 
Water  companies,  taxation  of  real  estate  and  machinery  of 
Water  company: 

Cohasset,  charter  amended 

Lenox,  protecting  the  water  supply  of 

Sagamore,  incorporated 

Wannacomet,  in  Nantucket,  relati\e  to 
Water  loan: 

Andover 

Ashland 

Attleborough 

Belcliertown  Fire  District 

Blandford  Fire  District 

Bourne 

Brockton 

Danvers 

East  Bridgewater  . 

Easthampton 

Franklin 

Huntington  Fire  District 

Ipswich 

Lake  Pleasant  Water  Supply  District 

Manchester 

Marblehead 

Marion 

Medway 

Methuen 

Newburyport 

North  Adams 

North  Chelmsford  Fire  District 

Pepperell 

Pittsfield 

Plainville 
Revere 

West  Springfield 

Woburn 


of 


Ot 


is  Company 


314 
413 

54 
273 
243 
740 

97 
107 
576 
112 

58 
631 
159 
398 
407 
495 

37 
252 
364 
349 

59 
239 

80 
226,  305 
354 

61 
639 
564 


Index. 


1119 


Water  supplies,  of  cities  and  towns,  protection  of 

protection  of  sources  of  . 
Water  supply: 

Ashland         ...... 

Beaver,  village  of,  in  the  town  of  East  Bridgewater 

Belchertown  Fire  District 

Blandford  Fire  District  . 

Bourne  ..... 

Brookfield      ..... 

Easthampton  .... 

Fitchburg      ..... 

Huntington  ..... 

Huntington  Fire  District 

Lake  Pleasant  Water  Supply  District 

Lenox  Water  Company  . 

Lynn    . 

Manchester 

Medway 

Montague 

Newbury 

Newburyport 

Pepperell 

Plainville 

Wareham  Fire  District 

West  Bridgewater 
Water  Supply  District,  the  Lake  Pleasant,  established 
Water  supply  district  bonds,  etc.,  certain,  exempt  from  taxation 
Watering,  of  public  streets,  certain  towns  may  appropriate  money  for 
Watertown,  town  of,  Watertown  Home  for  Old  Folks  incorporated  in 

relative  to  town  meetings  in    . 
Watertown  Home  for  Old  Folks,  incorporated 
Wauchacum  Park  Company,  in  favor  of 
Ways,  in  certain  towns,  improvement,  etc.,  of 
Weapons,  concealed,  relative  to  carrying    . 

confiscated,  disposition  of 
Weekly  payment,  of  wages,  to  public  employees,  relative  to 
Weights  and  measures,  commissioner  of,  appropriations  for  salary  and  ex 
penscs  of  .......  . 

Wellfleet,  town  of,  construction  of  the  dike  across  Herring  river  in 

Wellington  bridge  reservation,  appropriation  for  tiie  care  of 

West  Bridgewater,  town  of,  the  town  of  East  Bridgewater  may  supply  water 

to  a  part  of 

West  End  Street  Railway  Company,  the  Boston  Elevated  Railway  Company 
may  consolidate  with        ...... 

West  Falmouth  harbor,  further  improvement  of  .  .  . 

West  Roxbury  district,  municipal  court  of,  clerical  assistance  for 
West  Springfield,  town  of,  additional  water  loan  for    . 


PAGE 

502 
452 

411 

574 
269 
241 
735 
444 
112 
327 
629 
629 
395 
113 
718 
406 
249 
395 
347 
345 

78 
352 
115 
574 
395 
632 
408 

90 
310 

90 
811 
235 
301 
571 
779 

25 
135 
108 

574 

511 
848 
340 
639 


1120 


Index. 


Westborough  insane  hospital,  appropriation  for  tlie  maintenance  of 

improvements  at    . 
Westfielfi  normal  school,  improvements  at  .... 

Westfield  river,  the  town  of  Russell  to  be  repaid  a  part  of  the  cost  of  con 
structing  a  bridge  over     ...... 

Westminster,  town  of,  boundary  line  between  Gardner  and 
Weymouth  Fore  river,  to  provide  for  dredging  the  upper  part  of  . 
Wharf  Corporation,  the  Magnolia,  incorporated  .... 

Wheeler,  George  H.,  justice  of  the  peace,  acts  confirmed 
Wheeler  estate,  in  the  town  of  Canton,  may  be  conveyed  to  the  town 
White  Fund,  certain  property  of,  exempt  from  taxation 
Whitman  Board  of  Trade  Corporation,  incorporated    . 
Widows,  of  soldiers  and  sailors,  payment  of  state  aid  to 
Wild  fowl,  shooting,  etc.,  of,  in  the  waters  of  Edgartown 
Wild  harbor,  in  Falmouth,  construction  of  a  breakwater  at  the  mouth  of 
WUliams  College,  the  Alpha  Theta  Chapter  of  the  Chi  Psi  Fraternity  in,  may 
hold  additional  estate        ...... 

Wills,  relative  to  expense  of  sustaining  proof  of,  in  certain  cases   . 
Wilmington,  town  of,  the  town  of  Reading  may  sell  and  distribute  electricity 
in  .......... 

Winchendon,  town  of,  boundary  line  between  Gardner  and 

Winslow,  Admiral  John  A.,  erection  of  a  statue  of        ...  . 

Winthrop  harbor,  to  provide  for  dredging  an  anchorage  basin  in  . 
Witchmere  harbor,  in  Harwich,  further  improvement  of        .  .  . 

Wives  and  minor  children,  support  of,  by  persons  on  probation     . 
Woburn,  city  of,  may  make  an  additional  water  loan  .... 

Wollaston  beach,  in  Quincy,  enlarging  the  channel  at  ... 

Women,  may  be  appointed  deputy  collectors  of  taxes 

may  be  appointed  assistant  clerks  of  certain  courts    . 
Women  and  minors,  relative  to  the  hours  of  labor  of   . 
Women's  prison,  appropriations  for  salaries  and  expenses  at 

a  certain  sum  may  be  advanced  to  the  superintendent  of    . 

survey  of  the  lands  of     .......  . 

Wood,  Edwin  A.,  in  favor  of     .......  . 

Woodcock,  etc.,  close  season  for,  etc.  ...... 

Woods,  Patrick  J.,  justice  of  the  peace,  acts  confirmed 
Worcester,  city  of,  the  Engelbrekt  Society  incorporated  in    . 

building  of  structures  over  certain  streets  in      . 

the  Worcester  Foresters  of  America  Building  Association  incorporated  ii 

relative  to  janitors  of  schoolhouses  in        ....  . 

removal  of  buildings,  etc.,  from  land  taken  by  . 

taking  of  land  by,  for  municipal  purposes  .... 

completion  of  the  state  armory  in    . 
Worcester  county,  the  town  of  Dana  made  a  part  of  the  first  medical  e.x 
aminer  district  of     .......  . 

treasurer  of,  to  receive  and  invest  funds  for  the  preservation,  etc.,  of 
the  General  Charles  Devens  statue     .... 


Index. 


1121 


Worcester  county,  sittings  of  the  probate  court  for       . 

relative  to  the  nomination  of  a  senator  from  the  first  senatorial  dis 
trict  of  . 

clerical  assistance  to  the  treasurer  of 

relative  to  the  salary,  etc.,  of  the  sheriff  of 

provisions  affecting  certain  cities  and  towns  in 

may  acquire  land  for  county  purposes 

tax  granted  for       ...... 

Worcester  Foresters  of  America  Building  Association,  incorporated 
Worcester  insane  asylum,  appropriation  for  the  maintenance  of    . 

improvements  at    . 
Worcester  insane  hospital,  appropriation  for  the  maintenance  of  . 

improvements  at    . 
Worcester  Polytechnic  Institute,  appropriation  for 
Workshops  and  factories,  protection  of  the  purity  of  water  used  in 
Wrentham  state  school,  appropriation  for  the  maintenance  of 

to  provide  for  the  support  of  feeble-minded  inmates  of,  by  the 
monwealth      ...... 

improvements  at    .  .  .  .  .  .  .  .  .         V 

Writs,  etc.,  issuing  from  certain  courts,  relative  to  place  of  return  of 


PAGE 

165 

298 
302 
341 
568 
717 
831 
119 

49 
861 

47 
861 

11 
285 

48 

747 

82,  861 
294 


Y. 


Yachts,  boats  and,  unpaid  labor  may  be  performed  on,  on  the  Lord's  day 


230