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

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.