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

I 



ACTS 

AND 

RESOLVES 

PASSED BY THE 

€nuYn\ dfourt of Jtlassarhusetts, 

IN THE YEAR 

1 9 9, 



TOGETHER WITH 

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR, 

LIST OF THE CIVIL GOVERNMENT, TABLES SHOAVING 

CHANGES IN THE STATUTES, CHANGES OF 

NAMES OF PERSONS, ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTOX: 

"WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1909. 



A CONSTITUTION 



FORM OF GOVERIVMEIS^T 



rOR THE 



Commonto^altlj of IHassac^usetts. 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secure the existence of the bodj &°^emment. 
politic, to protect it, and to furnish the individuals who 
compose it T\-ith 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- 
lu^es necessary for theu' safety, prosperity, and happiness. 

The body politic is formed by a voluntary association Body poutic, 
of individuals : it is a social compact, by which the whole lu'^ft"^!^" 
people covenants vrith 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. 

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



CONSTITUTION OF THE 

ably, without fraud, violence, or surprise, of entering into 
an original, explicit, and solemn compact with 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 Declaration of Rights, and 
Frame of Government, as the Constitution of the Com- 

MOmVEALTH OP MASSACHUSETTS. 



PART THE FIRST. 



Equality and 
natural rights 
of all meu. 



Right and duty 
of public relig. 
ious worship. 
Protection 
therein. 
2 Cush. 104. 
12 Allen, 1-29. 



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



Legislature 
empowered to 
compel provi- 
sion for public 
worship ; 



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 theu* lives and liberties ; that of acquiring, possess- 
ing, and protecting property ; in fine, that of seelnng and 
obtaining their safety and happiness. 

II. It is the right as well as the duty of all men in 
societ}^, 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 own conscience ; or for his religious pro- 
fession of sentiments ; provided he doth not distm'b the 
public peace, or obstruct others in their religious worship. 

III. [As the happiness of a people, and the good order 
and preservation of civil government, essentially depend 
upon piety, religion, and morality; and as these cannot 
be generally diffused 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 this 
commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislatm-e 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 public 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 atf°ifdancT°'^ 
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 ««<="'"ed- 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid b}^ the subject to the support of ^^"mparochiai 
public worship, and of the public teachers aforesaid, shall, p/id!S88f 
if he require it, be uniform^ applied to the support of the efc ' 
public teacher or teachers of his own religious sect or de- 
nomination, provided there be any on whose instructions 
he attends ; otherwise it may be paid towards the support 
of the teacher or teachers of the parish or precinct in which 
the said moneys are raised. 

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

IV. The people of this conmion wealth have the sole Right of self 
and exclusive right of governing themselves, 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 expressl}^ delegated to the United States of America, 
in Congress assembled. 

V. All power residing originally in the people, and ^/Xo'mc^Jrif 
being derived fi'om them, the several magistrates and etc 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 

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

YI. No man, nor corporation, or association of men, services reu. 
have any other title to obtain advantages, or particular public beml 
and exclusive privileges, distinct from those of the com- p'^cunir pJlvi-'' 
munity, than what arises from the consideration of ser- [afy^^S'lire 
vices rendered to the public ; and this title being in absurd and 

1.^ .., I'll unnatural. 

nature neither hereditarj^, nor transmissible to children, 



6 CONSTITUTION OF THE 

or descendants, or relations by blood, the idea of a man 
born a magistrate, lawgiver, or judge, is absurd and 
unnatural. 
Objects of gov- Yjj Government is instituted for the common good ; 

ernment; right . . *« , 

of people to for the protection, safety, prosperity, and happiness oi the 
change it. pcoplc ; and not for the profit, honor, or private interest 
of any one man, family, or class of men : Therefore the 
people alone have an incontestable, unalienable, and inde- 
feasible right to institute government ; and to reform, 
alter, or totalh^ change the same, when their protection, 
safety, prosperity, and happiness requu-e it. 
tofecure?ote.'^ VIII. In Order to prevent those who are vested with 
tion in office, 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 by certain and regular elections and appoint- 
ments. 
^ui'iificatifn?^ IX. All elections ought to be free ; and all the inhab- 
ruluy^engibie itauts of this commonwealth, having such qualifications as 
th °ditoition'^of ^^^^y ^^^^^ establish by their frame of government, have an 
"inhabitant," eoual rio'ht to elcct officers, and to be elected, for public 

see Ch. 1, Sect. i ^ ; - 

2, Art. II. employments. 122 Mass. 595, 596. 

Right of protec- x_ Each individual of the society has a right to be 

tiou and duty of ,. ^ /•i«tpt 

contribution protcctcd by it in tlic enjoyuient 01 his. me, liberty, and 

Taxatk)!r propert}^ according to standing laws. He is obliged, con- 

consen^°" scqueutly, to contribute his share to the expense of this 

Tinck^^'ii?*'' protection ; to give his personal service, or an equivalent, 

7 Pick! 344. when necessary : but no part of the property of any indi- 

12 Pick 184 467 1 1 */ »/ 

16 Pick. 87.' ' vidual can, with justice, be taken from him, or applied to 
fjietl'sss!"' public uses, without his own consent, or that of the repre- 
7 Gray', 363! scutative body of the people. In fine, the people of this 
lAiien^'ilfo^* commonwealth are not controllable by any other laws 
4 Allen! 474. than those to which their constitutional representative 
pt'^v n^ot toTe ^^od}^ have given their consent. And whenever the pub- 



nses without 

etc 

6 Cush. 32' 



should be appropriated to public uses, he shall receive a 
]4"Gray,"i55. reasonable compensation therefor. 

16 Gray, 417, 

431. 1 Allen, 150. 103 Mass. 120, 624. 113 Mass. 45. 127 Mass. 50, 52, 

11 Allen, 530. 106 Mass. 356, 362. 116 Mass. 463. 358, 363, 410, 413. 

12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441. 129 Mass. 559. 
100 Mass. 544, 560. Ill Mass. 130. 

Ilcoiuseto^the XI- Eveiy subject of the commonwealth ought to find 

compret^Vn^' ^ Certain remed}^ by having recourse to the laws, for all 

prompt. injuries or wrongs 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 ; 
completely, 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 oftence, until the same is fully and plainly, substantially TRck. 211. 
and formally, described to him ; or be compelled to accuse, is pick". 434. 
or furnish evidence against himself. And every subject fJet^i^^' 
shall have a right to produce all proofs that may be favor- ^^(j;^*^'/^*^' 
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, n." 
counsel, at his election. And no subject shall be arrested, 2 AuTn.'sei.' 
imprisoned, despoiled, or deprived of his property, immu- ^uo^^ii.'m' 
nities, or privileges, put out of the protection of the law, iP^nen 170 
exiled, or deprived of his life, liberty, or estate, but by the sTMass.Vo, 
judgment of his peers, or the law of the land. looMass. 287, 

107 Mass. 172, 180. 118 Mass. 443, 4')1. 122 Mass. 332. 127 Mass. 550, 554. lOs'Mass. 418. 

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

And the leo-islature shall not make any law that shall Rigtttotriai 

o '' . by jury in 

subject any person to a capital or infamous punishment, criminal cases, 
excepting- for the ofovernment of the army and navy, with- 8'Gray',329,373. 

, 5- lu • 103 Mass. 418. 

out trial by jury. 

XIH. In criminal prosecutions, the verification of facts, crimes to be 
in the vicinity where they happen, is one of the great- ^d^ity!° ^^'^ 
est securities of the life, liberty, and property of the 121 M^'ass!"!, 62. 
citizen . 

XIV. Every subiect has a riffht to be secure from all Right of search 

J J & and seizure 

unreasonable searches, and seizures, o± his person, his ffguiated. 
houses, his papers, and all his possessions. All warrants, Amend'tiv. " 



Met 
5 Cush. 



therefore, are contraiy to this right, if the cause or founda- 
tion of them be not previously supported by oath or affir- L^rly,^454. 
mation, and if the order in the warrant to a civil officer, to Joo^Mas^s ^iTe 
make search in suspected places, or to arrest one or more 139. 

i r '. 126 Mass. 269, 

suspected persons, or to seize their 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 excip't%Tc?'^'^' 
which it has heretofore been otherways used and practised, AmendH^viL' 
the parties have a right to a trial by jury ; and this method 2 ^j^^--^^^. 
of procedure shall be held sacred, unless, in causes arising 6Gray,i44. 

^.u 1 • 1 1 1 1 .L .L • , 8 Gray, 373. 

on the hum seas, and such as relate to mariners wages, 11 Alien, 574, 



ages 



677. 



the legislature shall hereafter find it necessary to alter it. io2*Ma8e. 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 
aud bear arms. 
Standing armies 
dangerous. 
Military power 
subordinate to 
civil. 
5 Gray, 121. 



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 BUS- 
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 



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 commonwealth. 

XVII. The people have a right to keep and to bear 
arms for the common defence. And as, in time of peace, 
armies are dangerous to liberty, they ought not to be 
maintained without 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 by 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 liberty, 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 
their lawgivers and magistrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessary for the good administration of the common- 
wealth. 

XIX. The people have a right, in an orderly and peace- 
able manner, to assemble to consult upon the common 
good; give instructions to their representatives, and to 
request of the legislative body, by the way of addresses, 
petitions, or remonstrances, redress of the wrongs done 
them, and of the grievances they 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 by 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 legislatm-e, is so essential to the 
rights of the people, that it cannot be the foundation of 
any accusation or prosecution, action or complaint, in any 
other court or place whatsoever. 

XXII. The legislature ought frequently to assemble 
for the redress of grievances, for correcting, strengthening, 
and confirming the laws, and for making new laws, as the 



common gooa ma}^ 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 legislature. 



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before Export facto 
the existence of such laws, and which have not been de- il^uen, 421,^ * 
clared crimes by preceding laws, are unjust, oppressive, *^'^2*'*^- 
and inconsistent with the fundamental principles of a free 
government. 

XXV. Xo subject ought, in any case, or in any time, Legislature not 
to be declared guilty of treason or felony by the Icgis- treasoll'etc. 
lature. 

XXVI. No magistrate or court of law shall demand orTue'sJand^" 
excessive bail or sureties, impose excessive fines, or inflict ^'g^tg^^^jf'^" 
cruel or unusual punishments. 5 Gray, 482. hibued. 

XXVII. In time of peace, no soldier ought to be quar- No soldier to be 
tered in an.y house Avithout the consent of the owner; and houfeTuniess^^ 
in time of war, such quarters ought not to be made but ^*''" 

by the civil magistrate, in a manner ordained b}" the legis- 
latiu'e. 

XXVIII. No person can in any case be subject to law- Citizens exempt 
martial, or to ain^ penalties or pains, by virtue of that law, tiTi^unirsT, 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 indi\'idual, his life, libertjs property, and charac- court! ^'^"^'"''' 
ter, that there be an impartial interpretation of the laws, \^r^jflll 
and administration of justice. It is the right of every ^^{{^JJ'^|^- 
citizen to be tried by judges as free, impartial, and inde- ^^i 2^2^'^"' 
pendent as the lot of humanity will admit. It is, therefore , fenure'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 court should hold their oiBces as long as 
they behave themselves Avell ; and that they should have 
honorable salaries ascertained and established by standing saianes. 
laws . 

XXX. In the government of this commonwealth, the Separation of 
legislative department shall never exercise the executive d'^araiKUei'is'' 
and judicial powers, or either of them : the executive shall menTs^ ^''^'^*' 
never exercise the legislative and judicial powers, or either 2 Alien", ssi', 
of them : the judicial shall never exercise the legislative ioomTs's^^JsI'^^' 
and executive powers, or either of them : to the end it 2S6. 

may be a government 01 laws and not ot men. 249. 

116 AlasB. 317. 129 Mass. 559. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PART THE SECOND. 

TJte Frame of Government. 

The people, inhabiting the territory formerly called the 
Province of Massachusetts Baj- , do hereby solemnly and 
mutually agree with each other, to form themselves into a 
free, sovereign, and independent body politic, or state, by 
the name of The Commonwealth of Massachusetts. 



CHAPTER I. 



Legislative 
department. 



For change of 
time, etc., see 



Governor's 

veto. 

99 Mass. 636. 



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



THE LEGISLATIVE POWER. 

Section I. 

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 j^ear [on the 
last Wednesday in May, and at such other times as they 
shall judge necessary ; and shall dissolve and be dissolved 
on the cla}^ 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 any 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 proceed to reconsider the said bill or 
resolve. But if after such reconsideration, tAvo-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 pres- 
ent, shall have the force of a law: but in all such cases, 



COMMONWEALTH OF MASSACHUSETTS. 11 

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

And in order to prevent unnecessary delays, if any bill in 03^86*^0? ad" 
or resolve shall not be returned by the governor within the™e'J!erai°^ 
five da^'s after it shall have been presented, the same sliall the five daj", 

have the force of a law. 3 Mass. 567. Beeameud- ' 

XUBIltSj -Art, 1, 

III. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and judicatories^'' 
courts of record, or other com-ts, to be held in the name o^dfe'tc.*'^*'' 
of the commonwealth, for the hearinaf, tryino- and deter- L^''^'^;.^ 

,. n /. • /Y' 1 12 Gray, 147, 

mining 01 all manner ot crimes, oiiences, pleas, processes, 154. 

plaints, actions, matters, causes, and things, whatsoever, 

arising or happening within the commonwealth, or between 

or concerning persons inhabiting, or residing, or brought 

within the same : 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 judicatories are hereby given and Courts, etc., 

"' . , . *^ ® . may administer 

granted lull 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 
given and granted to the said general court, from time to ^ci*'^"'*'' '^'^^' 
time to make, ordain, and establish, all manner of whole- 4 Alien', 473. 
some and reasonable orders, laws, statutes, and ordinances, ^37^^^°'"^' 
directions and instructions, cither with penalties or Avith- wo Mass. 544. 
out; so as the same be not repugnant or contrary to this ne Mass. 467, 
constitution, as they shall judge to be for the good and may enact 
welfare of this commonwealth, and for the government [epugulnt to * 
and orderino- thereof, and of the subiects of the same, and the constitution. 

~ 1 1 • (• 1 '6 Allen, 3o8. 

for tlie necessary support and defence of the government 
thereof; and to name and settle annually, or provide by may provide 
fixed laws for the naming and settling, all civil officers orVppointmeTt 
within the said commonwealth, the election and consti- n5°MasIf'602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several th"r dutfeT."*'^ 
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 



CONSTITUTION OF THP: 



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

5 Allen, 42S. 

6 Allen, 558. 
8AUen,247,253. 

10 Allen, 235. 

11 Allen, 268. 

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

98 Mass. 19. 

100 Mass. 285. 

101 Mass. 575, 
585. 

103 Mass. 267. 

114 Mass. 388, 

391. 

116 Mass. 461. 

118 Mass. 386, 

123 Mass. 493, 
495. 

127 Mass. 413. 
may 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. 547. 



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 })roduce, 
goods, wares, merchandise, and commodities, Avhatsoever, 
brouglit into, produced, manufactured, or being within 
the same ; to be issued and disposed of by warrant, under 
the hand of the governor of this common^vealth 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, 
according 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 wdthin 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. II. 



CHAPTER I 



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



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



Section II. 

Senate. 

Aeticle I. [There shall be annually elected, b}^ the 
freeholders and other inhabitants of this commonwealth, 
(jualified as in this constitution is provided, forty persons 
to be councillors and senators for the year ensuing their 
election ; to be chosen b}^ the inhabitants of the districts 
into which the commonwealth may, from time to time, be 
divided by the general court for that purpose : and the 
general court, in assigning the numbers to be elected by 
the respective districts , shall govern themselves by the pro- 
portion of the public taxes paid by the said districts ; and 
timely make known to the inhabitants of the common- 
Avealth 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, drstrict? until 
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 
Count}" 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 ; Hampshu'e, fom' ; Plymouth, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; Worcester, five : Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 

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

& time of choosing 

ui"e : and the senators shall be chosen in the followino- man- Beuator« and 

■ ,1 1 11 1 .• ,1 r^ . T»r 1 • councillors. See 

ner, viz. : there shall be a meeting on the [fii'st Monday in amendments, 
April,] annually, forever, of the inhabitants of each town xv!' as''° 
in the several counties of this commonwealth ; to be called amendmeMl, 
by the selectmen, and warned in due course of law, at ^^"^^^^i.-^^^g ^^ ^^ 
least seven davs before the [first Monday in April,] for i"aiifications of 

-, . L -^ *^ J voters, super- 

the purpose of electing persons to be senators and coun- sededbyamend- 
cillors ; [and at such meetings every male inhabitant of iii., xx., 
twenty-one years of age and upwards, having a freehold xxx^.^xxxi. 
estate within the commonwealth, of the annual income of word'^uniabi. 
three pounds, or any estate of the value of sixty pounds, g'^J^el'islffmelid. 
shall have a right to give in his vote for the senators for meute^ '\j;^icii 
the district of which he is an inhabitant.] And to remove was annulled by 
all doubts concerning the meaning of the word ' ' inhabi- 12 dray, 21.' 
tant" in this constitution, every person shall be considered 122 Mass. o9o, 
as an inhabitant, for the purpose of electing and being- 
elected into any office, or place within this state, in that 
town, district, or plantation where he dwelleth, or hath 
his home. 

The selectmen of the several towns shall preside at selectmen to 

. . . n 1 1 11 • 1 i? preside at town 

such meetings impartially ; and shall receive the votes 01 meetings. 
all the inhabitants of such towns present and qualified 
to vote for senators, and shall sort and count them in 
open town meeting, and in presence of the town clerk. Return of votes. 
who shall make a fair record, in presence of the select- 
men, and in open town meeting, of the name of every 
person voted for, and of the number of votes against his 
name : and a fair copv of this record shall be attested by ^s to cities see 

11 ' 11 1 1 11 11 amendments, 

the 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 first Wednes- 
day of January. 
See amend- 
ments, Art. X. 



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



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



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



Senate to be 
final judge of 
elections, etc.. 



of the contents thereof, and delivered by the town clerk 
of such towns, to the sheriff of the county in which such 
town lies, thirty days at least before [the last Wednes- 
day in May] annually ; or it shall be delivered into the 
secretar3^'s office seventeen days at least before the said 
[last Wednesday in May :] and the sheriff of each county 
shall deliver all such certificates by him received, into 
the secretary's office, seventeen days before the said [last 
Wednesday in May.] 

And the inhabitants of plantations unincorporated, 
qualified as this constitution provides, who are 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 towns ; and the plantation meet- 
ings for that purpose shall be held annually [on the same 
first Monday in April] , at such place in the plantations, 
respectively, as the assessors thereof shall direct ; which 
assessors shall have like authority for notifying the elec- 
tors, collecting and returning the votes, as the selectmen 
and town clerks have in theu" 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 b}^ the assessors of an adjacent 
town, shall have the privilege of giving in their votes for 
councillors and senators in the town where the>' 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 May] annual^, the gov- 
ernor with five of the council, for the time being, shall, 
as soon as may be, examine the returned copies of such 
records ; and fourteen days before the said day he shall 
issue his summons to such persons as shall appear to be 
chosen by [a majority of] voters, to attend on that day, 
and take their seats accordingly : provided, nevertheless, 
that for the first year the said returned copies shall be 
examined by the president and five of the council of the 
former constitution of government ; and the said president 
shall, in like manner, issue his summons to the persons 
so elected, that they may take their seats as aforesaid. 

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



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution; and sliall, [on the said ^^^^^^ °^" ™®™- 
last Wednesday in jNIa}^] annually, determine and declare Time changed 
who are elected by each district to be senators [by a day of January 
majority of votes; and in case there shall not appear to i/enterArt.x. 
be the full number of senators returned elected by a Ranged to 
majority of votes for any district, the deficiency shall be ^'.nendments 
supplied in the following- manner, viz. : The members of Ait.xiv. 
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 by ballot a number of vacancies, how 

Y^ • /'^^ • • IT- filled. 

senators sumcient to hll up the vacancies in such district; changed to 
and in this manner all such vacancies shall be filled up in pe^Ae" ^ 
every district of the commonwealth ; and in like manner nie^nt^Art. 
all vacancies in the senate, arising by death, removal out ^^^^^^• 
of the state, or otherwise, shall be supplied as soon as may 
be, after such vacancies shall happen.] 

V. Provided, nevertheless, that no person shall be Qualifications 
capable of being elected as a senator, [who is not seised Property quaii- 
in his own right of a freehold, within this commonwealth, fgh^ed°° '*''°^' 
of the value of three hundred pounds at least, or possessed ^^trArt. 
of personal estate to the value of six hundred pounds at xin ' 

1 PIT ^1 1-11 For further pro- 

least, or of both to the amount oi the same sum, and] Avho vision as to 

has not been an inhabitant of this commonwealth for the also amend^-^^ 

space of five 3^ears immediately preceding his election, and, xxii.' ^^^' 

at the time of his election , he shall be an inhabitant in the 

district for Avhich he shall be chosen. 

VI. The senate shall have power to adjourn themselves , senate not to 
provided such adjournments do not exceed two days at a thlnYwo^a'ys. 
time . ' 

YII. The senate shall choose its own president, ap- shaii choose 

. i ' 1 its oflieers and 

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

^ T rules. 

proceedings. 

VHI. The senate shall be a court with full authority . siiaiitryaii 

. Til 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 impartially to try and determine the Oath. 

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

ment, however, shall not extend further than to removal 

from office and disqualification to hold or enjoy any place 



16 



CONSTITUTIOX OF THE 



Quorum. 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.] 



CHAPTER I 
Section IH. 



Representation 
of tbe people. 



Representa- 
tives, by whom 
chosen. 
Superseded by 
ameiidmeuts. 
Arts. XII. and 
XIII., which 
were also 
superseded by 
amendments, 
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. 



Qualifications 
of a repre- 
sentative. 



There shall be, in the legislature of this 



House of Representatives 

Article I. 
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 fift}^ ratable polls may elect one represent- 
ative ; everj^ corporate town containing three hundred 
and seventy-five ratable polls ma}^ elect two representa- 
tives ; ever}^ 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 fift}^ 
ratable polls.] 

And the house of representatives shall have power from 
tune to tmie to impose fines upon such towns as .shall 
nesflect 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 eveiy session, and no more, shall 
be paid by the government, out of the public treasury, to 
every member who shall attend as seasonabl}'' as he can, in 
the judgment of the hou.se, and does not depart without 
leave.] 

III. Every member of the house of representatives 
shall be chosen by written votes ; [and, for one j'ear at 



COMMONWEALTH OF MASSACHUSETTS. 17 

least next preceding his election , shall have been an inhab- New provision 
itant of, and have been seised in his own right of a free- sle°amend^"''^' 
hold of the value of one hundred pounds within the town g^j**-^''*- 
he shall be chosen to represent, or any ratable estate to fcafionJabTu' 
the value of two hundred pounds: and he shall cease to ishedbyamend- 

. T \ !• • ments, Art. 

represent the said town nmnediately on his ceasing to be xiii. 
qualitied as aforesaid.] 

IV. fEvery male person, beino- twenty-one years of Qualifications 

1 • 1 i. • x- 1 X • 2-T.' of a voter. 

age, and resident m any particular town in this common- These pro- 
wealth for the space of one year next preceding, having a lededly"^^"^' 
freehold estate within the said town of the annual income Art^J^m^^xx., 
of tlu-ee pounds, or an}^ estate of the value of sixty pounds, iix"xxxi. 
shall have a rioht to vote in the choice of a representative andxxxii. 

P ^ See also amend- 

or representatives tor the said town. J ments, Art. 

V. [The members of the house of representatives shall wasannu^iiedby 
be chosen annually in the month of May, ten days at least ^f vfs^^a 
before the last AVednesdav of that month. 1 tives.when 

-J chosen. 

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

VI. The house of rei^resentatives shall be the grand House aione 

111- 1 '^^^ impeach. 

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

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

'' ~ Date 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 Not to adjourn 
to adjoiu-n themselves ; provided such adjournment shall ™a°y'8! *^'*'' ^'^^ 
not exceed two days at a time. 

IX. FNot less than sixty members of the house of Quorum, see 

L J -, . , amendments, 

representatives shall constitute a quorum for doing busi- Art^xxi.and 



ness.] 



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

i J » returns, etc., of 



the returns, elections, and (salifications of its own mem- itsoyn'mem 
bers, as pointed out in the constitution ; shall choose their its officers and 
own speaker; appoint their own officers, and settle the rules, etc.* * 
rules and orders of proceeding in their own house. They May punish 
shall have authorit}' to punish by imprisonment every offences^.'" 
person, not a member, who shall be guilty of disrespect i'* G^ray, 226, 
to the house, b}^ any disorderly or contemptuous behavior 
in its presence; or who, in the town where the general 
court is sitting, and during the time of its sitting, shall 
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 an}^ of them therefor ; or who shall assault, or 
arrest, an}- witness, or other person, ordered to attend the 



18 



CONSTITUTION OF THE 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish. 

General limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



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

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

XI. The senate shall have the same powers in the like 
cases ; and the governor and council shall have the same 
authority 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 offences, be for a term exceeding thu'ty 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 try and determine, by committees of their own 
members, or in such other wa}^ as they ma}^ respectively 
think best. 



CHAPTEK II. 



EXECUTIVE POWER. 



His title. 

To be chosen 
annually. 
Qualifications, 
t^ee amend- 
ments, Arts. 
VII. and 

xxxrv. 



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

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



Section I. 

Governor. 

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 19 

a list of the persons voted for, with the number of votes 
for each person against his name ; and shall make a fair 
record of the same in the town books, and a public decla- ab to cities, see 
ration thereof in the said meeting ; and shall, in the pres- Art!"ii™**° *' 
ence of the inhabitants, seal up copies of the said list, 
attested b}^ him and the selectmen, and transmit the same 
to the sheritf of the county, thirty da^^s at least before the 
[last Wednesday in May'] ; and the sherifl' shall transmit ^'ar^st wednls 
the same to the secretary's office, seventeen days at least day of January 
before the said [last Wednesday in May] ; or the select- ments, Art. x. 
men may cause returns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said day ; and the secretarj^ shall 
lay the same before the senate and the house of repre- 
sentatives on the [last Wednesday in May] , to be by them changed to 
examined ; and in case of an election by a [majority] of all amendments, 
the votes returned, the choice shall be by them declared ■^''^■^^^■ 
and published ; but if no person shall have a [majority] of wh^n^no pTr'eon 
votes, the house of representatives shall, by ballot, elect ^as a plurality. 
two out of four persons who had the highest number of 
votes, if so many shall have been voted for ; but, if other- 
wise, out of the number voted for ; and make return to 
the senate of the two persons so elected ; on which the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor. 

IV. The (governor shall have authority, from time to Power of gov- 

i-i. • 11 inj ii ji ernor, and of 

time, at his discretion, to assemble and call together the governor and 
councillors of this commonwealth for the time being ; and '^"""''^ ' 
the governor with the said councillors, or five of them at 
least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the affairs of the 
commonwealth, agi'eeably to the constitution and the laws 
of the land. 

V. The governor, with advice of council, shall have May adjourn or 
full power and authority, during the session of the gen- general court 
eml court, to adjourn or prorogue the same to any time and convene ' 
the two houses shall desire ; [and to dissolve the same on ^"1^ dil'soiu- 
the day next preceding the last Wednesday in May ; and, ^^^^^^^^^j^^^^l^' 
in the recess of the said court, to prorogue the same from 

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



20 



CONSTITUTION OF THE 



As to dissolu- 
tion, see ainend- 
raeuts, Art. X. 

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



Governor to be 
commander-in- 
chief. 



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

[And the governor shall dissolve the said general court 
on the day next preceding the last Wednesday in May.] 

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

VII. Tlie governor of this commonwealth, for the time 
being, shall be the commander-in-chief of the army and 
navy, and of all the military forces of the state, by sea 
and land ; and shall have full power, by hhnself, or by 
any commander, or other officer or officers, from time to 
time, to train, instruct, exercise, and govern the militia 
and navy ; and, for the special defence and safety of the 
commonwealth, to assemble in martial array, and put in 
warlike posture, the inhabitants thereof, and to lead and 
conduct them, and with them to encounter, repel, resist, 
ex})el, and pursue, by force of arms, as well by sea as by 
land, within or without the limits of this commonwealth, 
and also to kill, slay, and destroy, if necessar}^ 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 annoj^ance 
of this conmion wealth ; and to use and exercise, over the 
army and navy, and over the militia in actual service, the 
law-martial, in time of war or invasion, and also in time 
of rebellion, declared by the legislatm-e to exist, as occa- 
sion shall necessarily require ; and to take and surprise, 
by all wa3^s 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 



COMMONWEALTH OF MASSACHUSETTS. 21 

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

VIII. The power of pardoning oftences, except such Governor and 
as persons ma}^ be convicted of before the senate by an pardon offences, 
impeachment of the house, shall be in the governor, by ^^'='^p*' ®"'- 
and Avith the advice of council ; but no charter of par- 
don, granted by the governor, with advice of the council 

before conviction, shall avail the part}^ pleading the same. But not before 
notwithstanding any general or particular expressions 109' Mass. "323 . 
contained therein, descriptive of the offence or oflences 
intended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the judicial ofli. 
solicitor-general, [all sherifis,] coroners, [and registers of nominate'd\°nd 
probate,] shall be nominated and appointed by the gov- Forproviiiions 
ernor, bv and with the advice and consent of the council ; as to election 

' •• , , 'of attoriicy- 

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 sheriffs, 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 Miutia officers. 
elected b}' the written votes of the train-band and alarm umitatfonof 
list of theu- respective companies, [of twenty-one years bf am'e'ir.?- """^ 
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 their respec- 
tive brigades ; and such officers, so elected, shall be com- Howcommis- 
missioncd by the governor, who shall determine their rank. 

The legislature shall, b}^ standing laws, direct the time Election of 
and manner of convening the electors, and of collect- ° 
ing votes, and of certifying to the governor, the officers 
elected. 

The major-generals shall be appointed by the senate and ^o''4*'a"^^"i^'ted' 
house of representatives, each having a negative upon the andcommis- 
other ; and be commissioned by the governor. 

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

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



22 CONSTITUTION OF THE 

tions, after being duly notified, according to the laws for 
the time being, then the governor, with advice of council, 
shall appoint suitable persons to fill such otfices. 
w)mmisBfoned, [And uo otficcr, dulv comuiissioned to command in the 
su'^ersS^by "li'i^i^' shall be removed from his office, but by the address 
amendmentB, of botli liouscs to the govcmor, or by fair trial in coiu't- 
martial, pursuant to the laws of the commonwealth for the 
time being.] 
how"Ippoi'nted.' The commanding ofiicers of regiments shall appoint 
their adjutants and quartermasters ; the brigadiers their 
l)rigade-majors ; and the major-generals theh^ aids ; and 
the governor shall appoint the adjutantr-general. 
hJw appointed. ^hc govcmor, with advice of council, shall appoint all 
ofiicers of the continental arm}', whom by the confedera- 
tion of the United States it is provided that this conmion- 
wealth shall appoint, as also all ofiicers of forts and 
garrisons. 
mmtfa.''^"°° °^ 'T^^® divisions of the militia into brigades, regiments, and 
companies, made in pm-suance of the militia laws noAv in 
force, shall be considered as the proper divisions of the 
militia of this commonwealth, imtil the same shall be 
altered in pursuance of some future law. 
drawn 'from the ^I- ^^ uioneys shall bc issued out of the treasiu-y of 
treasury ^]^jg coiumonwealth, and disposed of (except such sums as 

except, etc. ' i \ i 

13 Allen, 593. may bc appropriated 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. 
wd"!'etc.,to XII. All public boards, the commissary-general, all 
^turns!"''^*^'^^^ superintending ofiicers of public magazines and stores, 
belonging to this commonwealth, and all commanding 
ofiicers of forts and garrisons within the same, shall once 
in every three months, ofiicially, and without requisition, 
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 public property 
whatever under their care respectively ; distinguishing the 
(|uantity, number, quality and kind of each, as particu- 
larl}^ as may be ; together with the condition of such forts 
and garrisons ; and the said commanding ofiicer 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. 

XIH. As the public good requires that the governor salary of 
should not be under the undue influence of any of the so'^®''^°'- 
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 he should maintain the dignity 
of the commonwealth in the character of its chief magis- 
trate, it is necessary that he should have an honorable 
stated salar}^ of a fixed and permanent value, amply suffi- 
cient for those purposes, and established by standing laws : 
and it shall be among the first acts of the general court, 
after the commencement of this constitution, to establish 
such salary by law accordingly. 

Permanent and honorable salaries shall also be estab- Salaries of jus- 
lished by laAv for the justices of the supreme judicial court. judrciaUourt. 

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



CHAPTEE II. 
Section II. 

Lieutenant- Governor. 
Article I. There shall be annually elected a lieu- Lientenant- 
tenant-governor of the commonwealth of Massachusetts, utiTand'^quari- 
Avhose title shall be — His Honor; and who shall be amendments^ 
(|ualified, in point of [religion,] [property,] and residence xxxivV'^"^ 
in the commonwealth, in the same manner with the gov- 
ernor ; and the da}^ and manner of his election, and the 
(jualifications of the electors, shall be the same as are re- 
quired in the election of a governor. The return of the How chosen, 
votes for this officer, and the declaration of his election, 
shall be in the same manner ; [and if no one person shall p/urauty p^o- 
be found to have a majority of all the votes returned, the ^j^l^^/^'g^fg 
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. 



sentatives, in the same manner as the governor is to be 
elected, in case no one person shall haA^e a majority of the 
votes of the people to be governor.] 

II. The governor, and in his absence the lieutenant- 
governor, shall be president of the council, but shall have 
no vote in council ; and the lieutenant-governor shall 
always be a member of the council, except when the chair 
of the governor shall be vacant. 
governor"to be ^^^- Whcncvcr the cliair of the governor shall be 
acting governor, yacaut, by rcasou of liis dcath, or absence from the com- 

la case, etc. i S i . i t 

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. 



CHAPTER II 



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



Number; from 
■whom, and how 
chosen. 
Modified by 



Arts. X. and 
XIII. 

Superseded by 
amendments, 
Art. XVI. 



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



Section HI. 

Council, and the Manner of seffJinf/ Elect ions hy tJie 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- 
ing and directing the affairs of the commonwealth, accord- 
ing to the laws of the land. 

II. [Nine councillors shall be annually chosen from 
among the persons returned for councillors and senators, 
on the last Wednesday in May, 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 be made up b}^ the 
electors aforesaid from among the people at large ; and 
the number of senators left shall constitute the senate 
for the 3'ear. The seats of the persons thus elected from 
the senate, and accepting the trust, shall be vacated in the 
senate.] 



COMMONWEALTH OF MASSACHUSETTS. 25 

HI. The councillors, in the civil arrangements of the Rant of 
commonwealth, shall have rank next after the lieutenant- *'°'*°" °'^" 
governor. 

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

Superseded by amendments, Art. XVI. 

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- couucii to exer- 
ant-governor shall be vacant, by reason of death, absence, o/governorhi 
or otherAvise, then the council, or the major part of them, <"*8e,etc. 
shall, during such vacancy, have full power and authority 

to do, and execute, all and everj^ such acts, matters, and 
things, as the governor or the lieutenant-governor might 
or could, by virtue of this constitution, do or execute, if 
the}^ or either of them, were personally present. 

VII. [And whereas the elections appointed to be made. Elections may 
by this constitution, on the last Wednesday in May annu- untlf/e^c"^'^ 
all}', by the two houses of the legislature, may not be 
completed on that day, the said elections may be adjourned 

from day to day until the same shall be completed. And gupersed^eTby 
the order of elections shall be as follow^s : the vacancies in amendments, 

1 n /^ 1 r-ii 1 1 Arts. XVI. and 

the senate, u anv, shall nrst 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, Comrnismry , etc. 
Article I. [The secretary, treasurer and receiver- secretary, etc., 

1 1.1 • 1 i» IT 1-1 by wliom and 

general, and the commissary-general, notaries public, and] how chosen. 
naval officers, shall be chosen annually, by joint ballot of ^^eiection'of ** 
the senators and representatives in one room. And, that iirefaud re-'"'^' 
the citizens of this commonwealth may be assured, from ^ndTiditor'^and 
time to time, that the moneys remainin": in the public attomey-gen- 

^ T T . 1 - . i> ii 1, eral, see amend- 

treasurv, upon the settlement and iKiuidation ot the pub- ments.Art. 

./ ' 1 1 1 XVII. 



26 



CONSTITUTION OF THE 



Treasurer in- 
eligible for 
more than fivt 
Buccessive 
years. 



Secretarj- to 
keep records; 
to attend the 
governor and 
council, etc. 



lie accounts, are their property, no man sliall be eligible 
a.s treasurer and receiver-general more than five years 
successively. 

For provlBion 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 ho sliall be accountable ; and he shall 
attend the governor and council, the senate and house of 
representatives, in person, or by his deputies, as they shall 
respectively require. 



CHAPTER III. 



Tenure of all 
commissioned 
officers to be 
expressed. 
Judicial officers 
to hold 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 Gush. 584. 



For removal of 
justices of the 
peace, see 
amendments, 
Art. XXX VII. 



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



JUDICIARY POWER. 

Article I. The tenure, that all commission officers 
shall by law have in their offices, shall be expressed in 
their respective commissions. All judicial officers, duly 
appointed, commissioned, and sworn, shall hold their offices 
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 legislature. 

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 supreme judicial court, upon 
important questions of law, and upon solemn occasions. 

III. In order that the people may not suffer from the 
long continuance in i)lace 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 
peace shall expire and become void, in the term of seven 
years from their respective dates ; and, upon the expira- 
tion of any commission, the same may, if necessary, be 
renewed, or another person appointed, as shall most con- 
duce to the well-being of the commonwealth. 

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 courts shall be holden at the times 
and places which the respective judges shall direct. 



COMMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, and alimony, and ^i^orcfe^Md 
all appeals from the judges of probate, shall be heard and alimony. 

, • 1 1 1 •' e 1 ' .111' other pro- 

determmed by the governor and council, until the legis- visions made 
latm'e shall, by law, make other provision. io5m^88.327. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

[The delegates of this commonwealth to the congress of Delegates to 
the United States, shall, some time in the month of June, 
annually, be elected by the joint ballot of the senate and 
house of representatives, assembled together in one room ; 
to serve in congress for one year, to commence on the first 
Monday in November then next ensuing. They shall 
have commissions under the hand of the governor, and 
the great seal of the commonwealth ; but may be recalled 
at any time within the 3^ear, 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 University . 

Article I. Whereas our wise and pious ancestors, so Harvard 
early as the year one thousand six hundred and thirty-six, ^°"^8e. 
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 
(lualified them for public employments, both in church 
and state ; and whereas the encouragement of arts and 
sciences, and all good literature, tends to the honor of 
God, the advantage of the Christian religion, and the great 
benefit of this and the other United States of America, 
— it is declared, that the President and Fellows of Powers, privi. 
Harvard College, in their corporate capacity, and the*^pre8ident 
their successors in that capacity, their officers and ser- confiraed."*' 
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 



CONSTITUTION OF THE 



All gifts, 
grants, etc. 
confirmed. 



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

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

IH. 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 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a number of the clergy in the said act described, con- 
stituted the overseers of Harvard College ; and it being 
necessary, in this new constitution of government to 
ascertain who shall be deemed successors to the said gov- 
ernor, deputy -governor, and magistrates ; it is declared, 
that the governor, lieutenant-governor, council, and sen- 
ate of this commonwealth, are, and shall be deemed, their 
successors, who, with the president of Harvard College, 
for the time being, together with the ministers of the con- 
gregational churches in the towns of Cambridge, Water- 
town, Charlestown, Boston, Roxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
w^ith all the powers and authority belonging, or in any 
Avay appertaining to the overseers of Harvard College ; 
Power of altera- provided, that nothing herein shall be construed to pre- 
thTiellsiaufrJ.*^ vcnt 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. 



Who shall be 
overseers. 

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



COMMONWEALTH OF MASSACHUSETTS. 29 

CHAPTEK V. 
Section H. 

The Encouragement of Literature, etc. 

Wisdom and knowledge, as well as virtue, diffused gen- Dutyofiegisiat. 
erally among the body of the people, being necessary for i^/trateslnTu" 
the preservation of their rights and liberties ; and as these poJ'fu^her^pro- 
depend on spreading the opportunities and advantages of '^'^^li^^choois 
education in tlie various parts of the country, and among eeeamend- 
the diflerent orders of the people, it shall be the duty xviii. 
of legislatures and magistrates, in all future periods of 50:/. ^''' 
this commonwealth, to cherish the interests of literature ws 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 agricultiu-e, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country ; to 
countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry 
and frugality, 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; AVRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; 
THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI- 
SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC. 

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

"I, A. B., do declare, that I believe the Christian reli- ^^Slts^ 
gion, and have a firm persuasion of its truth ; and that I Art. vii. 
am seised and possessed, in my own right, of the property 
required by the constitution, as one qualification for the 
office or place to which I am elected." 

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



30 



CONSTITUTIOX OF THE 



Declaration and 
oaths of all 
officers. 



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

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



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



Proviso. See 
amendments, 
Art. VI. 



[" I, A. B., do truly and sincerely acknowledge, profess, 
testify, and declare, that the Commonwealth of Massachu- 
setts is, and of right ought to be, a free, sovereign, and 
independent state ; and I do swear, that I will bear true 
faith and allegiance to the said commonwealth, and that I 
will defend the same against traitorous conspii'acics 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 
may be vested by their constituents in the congress of the 
United States : and I do fiu-ther testify and declare, that 
no man or bod}" of men hath or can have any right to 
absolve or discharge me from the obligation of this oath, 
declaration, or affirmation ; and that I do make this ac- 
knowledgment, profession, testimoiw, declaration, denial, 
renunciation, and abjuration, heartil}^ and truly, according 
to the common meaning and acceptation of the foregoing 
Avords, 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 incumbent on me as , according to 

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

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



COMMONWEALTPI OF MASSACHUSETTS. 31 

people called Quakers, and shall decline taking the said 
oath[s], he shall make his affirmation in the foregoing 
form, and subscribe the same, omitting the words, ["/(Zo 
su-ear" " 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, 
God;" subjoining instead thereof, " This I do under the 
j)ains and j)enalties of perjury.'" 

And the said oaths or affirmations shall be taken and amrma'ti'o^ns 
subscribed by the governor, lieutcnant-o-overnor, and coun- how adminis- 
cillors, before the president of the senate, in the presence 
of the two houses of assembl^^ ; and by the senators and 
representatives first elected under this constitution, before 
the president and five of the council of the former consti- 
tution ; and forever afterwards before the governor and 
council for the time being ; and by the residue of the 
officers aforesaid, before such persons and in such manner 
as fi'om time to time shall be prescribed by the legislature. 

II. No governor, lieutenant-governor, or judge of the Plurality of 
supreme judicial cornet, shall hold any other office or place, hibued^t^gov- 
under the authority of this commonwealth, except such as except.^etc. 
by this constitution they are admitted to hold, saving that ment^An. 
the judges of the said court may hold the offices of justices "vm.' 
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 Idc capable of holding or exercising at j^fg^'^sll*''' 
the same time, Avithin this state, more than one of the fol- 
lowing offices, viz. : judge of probate — sheriff — register 
of i;)robate — 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 b}^ the election of the 
people of the state at large, or of the people of any count}^ 
militar}^ 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^furtherpro- 
general — treasurer or receiver-general — judge of probate ^nc'ompatlbre 

— commissary-general — [president, professor, or instruc- amendments, 
tor of Harvard College] — sheriff — clerk of the house of -^^•'^'^^^ ' 

O J , ly 1 J Officers of Har- 

representatives — reo-ister of probate — resrister of deeds vardOoUege 

— clerk of the supreme judicial court — clerk of the mfe- amendments, 
rior coui't of common pleas — or officer of the customs, 
including in this description naval officers — shall at the 



32 



CONSTITUTION OF THE 



Incompatible 



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-. 692. 

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 corpus 
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 tlie same, shall operate as a resignation of their seat in 
the senate or house of representatives ; and the place so 
vacated shall be filled up. 

And the same rule shall take place in case any judge of 
the said supreme judicial court, or judge of probate, shall 
accept a seat in council ; or any councillor shall accept of 
cither 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 course of law, have been convicted of bribery or cor- 
ruption in obtaining an election or appointment. 

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

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 33 

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

IX. To the end there may be no failiu-e of justice, or officers of 
danger arise to the commonwealth from a change of the me™t''contrnued 
form of government, all officers, civil and military, hold- "°^'^'^*''- 
ing commissions under the government and people of 
Massachusetts Ba}^ in New England, and all other officers 

of the said government and people, at the time this con- 
stitution shall take eftect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them gi'anted 
or committed, until other persons shall be appointed in 
their stead ; and all coiu-ts of law shall proceed in the 
execution of the business of their respective departments ; 
and all the executive and legislative officers, bodies, and 
powers shall continue in full force, in the enjojiiient and 
exercise of all their trusts, employments and authority; 
until the general com-t, and the supreme and executive offi- 
cers under this constitution, are designated and invested 
with their respective trusts, powers, and authority. 

X. [In order the more effectually to adhere to the Provision for 
principles of the constitution, and to correct those viola- Btuutk)n.''°°" 
tions which by any means may be made therein, as well JrovuiL^D af to 
as to form such alterations as from experience shall be 6^Tm"nT*' 
found necessary, the general court which shall be in the ments, Art. ix. 
3'ear 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 unincori-)orated planta- 
tions, directing them to convene the qualified voters of 
their respective towns and plantations, for the piu-pose of 
collecting their sentiments on the necessity or expediency 
of revising the constitution, in order to amendments. 

And if it shall appear, by the returns made, that two- Provision for 
thirds of the qualified voters throughout the state, who Btuutioif""" 
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 delegates to be chosen in the same manner 
and proportion as their representatives in the second 
branch of the legislature are b}^ this constitution to be 
chosen.] 



34 



CONSTITUTION OF THE 



Provision for 
preserving and 
publishing this 
constitution. 



XI. This form of government shall be enrolled on 
parchment, and deposited in the secretarj^'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 futm-e editions of the said laws. 



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



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



Proviso. 

112 Mass. 200. 



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



ARTICLES OF AMENDMENT. 

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

Art. II. The general court shall have full power and 
authority to erect and constitute municipal or 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 officers 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 piu'pose. 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 twenty-one years 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 any election of governor, lieutenant-governor, 
senators, or representiitives, [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- j2?MaB8?595 
ino^ such election, have been assessed upon him, in any 597 ' ' 

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

town or district ot tins commonwealth ; and also every For educational 
citizen who shall be, by law, exempted from taxation, BeeamTncT-"' 
and who shall be, in all other respects, qualified as above po^prov'si^^' 
mentioned,] shall have a right to vote in such election of ^Ive ser°l*dTn "* 
o-overnor, lieutenant-ffovernor, senators, and representa- t^e army or 

e> ' o in • ^ ^ ' navy in time 

tives ; and no other ijcrson shall be entitled to vote m of war, see 

. ^ amendments, 

such election. ArtB.xxviii. 

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

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

., '■ . , . . 1 ^, "■ how appointed 

governor in the same manner as judicial oiiicers are ap- and removed. 
pointed, and shall hold their offices during seven 3^ears, 
unless sooner removed by the governor, with the consent 
of the council, upon the address of both houses of the ^^e.itg'^^^rt. 
legislature. xxxvii. 

[In case the office of secretary or treasurer of the com- vacancies in the 

*- ,,1 1 n 1 / y 1 • offices of secre- 

monwealth shall become vacant irom any cause, cluring tary and treas- 
the recess of the general coui't, the governor, with the ThiscUusf^^^'^' 
advice and consent of the council, shall nominate and amwIdSs^ 
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 coui't.] 

Whenever the exigencies of the commonwealth shall Jen™raiTJy'be 
require the appointment of a commissary-general, he shall ^as^e°'gj^'^' '° 
be nominated, appointed, and commissioned, in such man- 
ner as the legislature may, by law, prescribe. 

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

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

Art. VI. Instead of Ihe oath of allegiance prescribed ?faVofflcers'° 
by the constitution, the following oath shall be taken and ch^ vi^^i'rt, i. 
subscribed by every person chosen or appointed to any 
office, civil or militarv, 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." 



Tests abolished. 



36 CONSTITUTION OF THE 

QutkeK may Pvovided^ That when any person shall be of the denomi- 
affirm. nation called Quakers, and shall decline taking said oath, 

he shall make his affirmation in the foregoing form, omit- 
ting the word ' ' swear " and inserting, instead thereof, the 
word ' ' affirm," and omitting the words ' ' So help me, God," 
and subjoining, instead thereof, the words, "This I do 
under the pains and penalties of perjur3^" 

Art. VII. No oath, declaration, or subscription, ex- 
cepting the oath prescribed in the preceding article, and 
the oath of office, shall be required of the governor, lieuten- 
ant-governor, councillors, senators, or representatives, to 
qualify them to perform the duties of their respective offices, 
of o°S!'^"'*^ Art. VIII. No judge of any court of this common- 
122 Mass. 445, wealth, (cxcept the court of sessions,) and no person 
i23Ma88. 525. holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
hold the office of o-overnor, 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, sheriff', treasm-er and receiver-general, reg- 
ister of probate, nor register of deeds, shall continue to 
hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust ; 
but the acceptance of such trust, by any of the officers 
aforesaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common 
})leas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 
^8«fuTion? *"* ^RT. IX. If, at any time hereafter, any specific and 
how made. ' particular amendment or amendments to the constitution 
be proposed in the general court, and agreed to by a ma- 
jority of the senators and two-thirds of the members of 
the house of representatives present and voting thereon, 
such proposed amendment or amendments shall be entered 
on the journals of the two houses, Avith 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 be agreed to by a majority of the 
senators and two-thu'ds 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 

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

Art. X. The political year shall begin on the first Commencemeut 
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, which are by the constitution required to be made and 
done at the session which has heretofore commenced on the 
last Wednesday of May. And the general court shall be tio^^'*^ *^'''"'°'*" 
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 ijeneral court from assemblino; at such other times as 
they shall judge necessar}^ or when called together by the 
governor. The governor, lieutenant-governor and coun- 
cillors, shall also hold theu* respective ofiices for one year 
next following the fii'st Wednesday of January, and until 
others are chosen and qualified in theu' stead. 

TThe meetino- for the choice of o-overnor, lieutenant- Meetings for the 

L O & ' choice of gov- 

governor, senators, and representatives, shall be held on emor, iieuteu- 
the second Monday of November in every year; but etc., when to be 
meetings may be adjourned, if necessary, for the choice This clause 
of representatives, to the next day, and again to the next am^en'dme^nti'/ 
succeeding day, but no further. But in case a second ^r*. xv. 
meeting shall be necessary for the choice of representa- 
tives, such meetings shall be held on the fourth Monday 
of the same month of November.] 

All the other provisions of the constitution, respecting 
the elections and proceedings of the members of the gen- 
eral court, or of any other 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 ^'"golnC''*" 
October, next following the day Avhen the same shall be operation. 
duly ratified and adopted as an amendment of the consti- 
tution ; and the governor, lieutenant-governor, councillors, 
senators, representatives, and all other state officers, who 
are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into operation, shall 
hold their respective offices until the first Wednesday of 



38 



CONSTITUTION OF THE 



Inconsistent 

provisions 

annulled. 



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

m. 



122 Mass. 40,41. 



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



January then next following, and until others are chosen 
and qualified in their stead, and no longer ; and the first 
election of the governor, lieutenant-governor, senators, and 
representatives, to be had in 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. 

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

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

"As the public worship of God and instructions in 
piety, religion, and morality, promote the happiness and 
prosperity of a people, and the security of a republican 
government; therefore, the several religious societies of 
this commonwealth, whether corporate or unincorporate, 
at any meeting legally warned and holden for that pur- 
pose, shall ever have the right to elect 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 i)ayment 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 
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." 

Art. XII. [In order to provide for a representation 
of the citizens of this commonwealth, founded upon the 
principles of equality, a census of the ratable polls, in each 
city, town, and district of the commonwealth, on the first 
day of May, shall be taken and returned into the secre- 
tary's office, in such manner as the legislature shall pro- 
vide, Avithin the month of May, in the year of our Lord 
one thousand eight hundred and thirty-seven , and in every 
tenth year thereafter, in the montli of iNIay, in manner 
aforesaid ; and each town or city having three hundred rata- 



COMMONWEALTH OF MASSACHUSETTS. 39 

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

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

Any city or town having ratable polls enough to elect fepresemed."^ 
one or more representatives, with an}^ number of polls 
be^'ond the necessary number, ma}' be represented, as to 
that surplus number, by multiplying such surplus number 
by ten and dividing the product by four hundred and fifty ; 
and such city or town may elect one additional representa- 
tive as many j^ears, within the ten ^^ears, as four hundred 
and fifty is contained in the product aforesaid. 

Any two or more of the several towns and districts Towns may 
ma^^by consent of a majorit}^ of the legal voters present sentati^e^dfa'^'^" 
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 year 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 detlrminelhe 
Lord one thousand eight hundred and thk'ty-seven, accord- resTntL^verto' 
ing to the foregoing principles, the number of representa- ^wn'^is^'entitied. 
tives, which each city, toAvn, 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 ma}^ 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 3'ears, such town may elect 
a representative ; and the same shall be done once in ten New apportion- 
3ears, thereafter, by the governor and council, and the wfceineve?y * 
number of ratable polls in each decennial census of polls, ^^'^y^^"- 
shall determine the number of representatives, which each 



40 CONSTITUTION OF THE 

city, town and representative district may elect as afore- 
said ; and when the number of representatives to be elected 
by each city, town, or representative district is ascertained 
and determined as aforesaid, the governor shall cause the 
same to be published forthwith for the information of the 
people, and that number shall remain fixed and unalterable 
for the period of ten years. 
inconsiBtent ^j} ^\^q provisions of the cxistino; constitution incon- 

annulled. sistcut With the provisions herein contained, are hereby 

Avholly annulled.] 
Swtantf to be Art. XIIL [A ccusus of the inhabitants of each city 
taken in 1840 j^,^(j towu, ou the fii'st day of May, shall be taken, and 

and decennially ' "^ , ,,. "^ -, ^ ^i i v 

thereafter, for retumcd into tlic sccrctary s othce, on or beiore the last 
eeutattonf^"^^ day of Juuc, of the year one thousand eight hundred and 
lenlnilnler ^^ forty, and of every tenth year thereafter ; which census 
ment^Artg!"'^' ^hafl determine the apportionment of senators and repre- 
XXI. and XXII. seutativcs for the term of ten years. 122 Mass. 595. 

trlcfs^deciarid The scvcral senatorial districts now existing shall be 
permanent. permanent. The senate shall consist of forty members ; 

ProviBione as to i . i . i i t i i ^ ^ 

Benatore Buper- and HI tlic year one thousand eight hundred and lorty, 

ments.Ar™^" ' and cvcry 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. 

House of^repre- ^j^g members of the house of representatives shall be 

apportioned. apportioned in the followino- manner : Every town or city 

Provisions as to aa.. , . ii-i.-ij i ^ 

representatives Containing twclvc huudrcd inhabitants may elect one rep- 
amM^me'lfts*'/ rcscntative ; and two tJiousand fom* hundred inhabitants 
Art. XXI. (.^iiall be the mean increasing number, which shall entitle 

it to an additional representative. 
h^w"e°^°^' Every town containing less than twelve hundred inhab- 

eented. itauts shall bc entitled to elect a representative as many 

times within ten years as the number one hundred and 
sixty is contained in the number of the inhabitants of said 
town. Such towns may also elect one representative for 
the year in which the valuation of estates within the com- 
monwealth shall be settled. 
TSn"**^ Any two or more of the seveml towns may, by consent 

representative ^^f ^ majority of tlic legal voters present at a legal meet- 
ing, in each of said towns, respectively, called for that 
pin-pose, and held before the first day of August, in the 
year one thousand eight hundred and forty, and every 
tenth year thereafter, form themselves into a representa- 
tive district, to continue for the term of ten years ; and 



COMMONWEALTH OF MASSACHUSETTS. 41 

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

The number of inhabitants which shall entitle a town Basis of 
to elect one representative, and the mean increasing num- ^andtlToft^' 
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, respectivelj^ by one-tenth of the num- 
bers above mentioned, whenever the population of the 
commonwealth shall have increased to seven hundred and 
seventy thousand, and for every additional increase of 
seventy thousand inhabitants, the same addition of one- 
tenth shall be made, respectively^ to the said numbers 
above mentioned. 

In the 3'ear of each decennial census, the governor and ^dSc™ to 
council shall, before the first day of September, apportion nP^^gr""/^*" 
the number of representatives which each city, town, and lepresentatives 
representative district is entitled to elect, and ascertain once in every 
hoAV many Axmrs, within ten years, any town may elect a *®"y^^^^- 
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, the'^peopi'eat'™ 
or as soon thereatW as may be, by the joint ballot of the Provisions as to 
senators and representatives, assembled in one room, who gupergededby 
shall, as soon as may be, in like manner, fill up any vacan- ^j®°^^^°*^' 
cies that may happen in the council, by death, resignation, 
or otherwise. No person shall be elected a councillor, who Qualifications 
has not been an inhabitant of this commonwealth for the ° ''°^'^ 
term of five 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 qulf^cauonlfor 
be required as a qualification for holding; a seat in either a seat in general 

1 1 . , * . ., court or council 

bi-anch oi the general court, or in the executive council, not required. 

Art. XIV. In all elections of civil officers by the Elections by the 
])eople of this commouAvealth, whose election is provided piu?aut*yo/^^ 
for by the constitution, the person having the highest num- ^°*®*' 
ber of votes shall be deemed and declared to be elected. 

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



42 CONSTITUTION OF THE 

resentatives on that day, a second meeting shall be holden, 
for that purpose, on the fourth Monday of the same month 
of November. 
KobTchosen ^^'^- ^^I- Eight councillors shall be annually chosen 
^^■■>^M'BB°5^t ^y ^^^^ inhabitants of this commonwealth, qualified to vote 
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 fii'st ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
Legislature to thcrcafterwards, shall divide the commonwealth into eio-ht 

district state. „ . ^ 

districts of contiguous territory, each containing a number 
of inhabitants as nearly equal as practicable, without divid- 
ing any town or ward of a cit}^, and each entitled to elect 
one councillor : provided, hoivever, that if, at any time, the 
constitution shall provide for the division of the common- 
wealth into 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- 
defmed.'*^ laturc. No person shall be eligible to the office of coun- 
cillor who has not been an inhabitant of the commonwealth 
for the term of five j^ears immediately preceding his elec- 
^eTof^electton tiou. The da}'^ and manner of the election, the return of 
etc- ' the votes, and the declaration of the said elections, shall 

lie the same as are required in the election of governor. 
Vacancies, how |- Whenever there shall be a failure to elect the full num- 
vi^ionTs to°' ^^^1' of councillors, the vacancies shall be filled in the same 
vacancies, see manner as is required for filling vacancies in the senate ; 
Art. XXV. ' and vacancies occasioned by death, removal from the state, 
or otherwise, shall be filled in like manner, as soon as may 
Organization of \)q after sucli vacancics shall have happened.! And that 

the government. ' i i • .i • /• v\\ 

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



COMMONWEALTH OF MASSACHUSETTS. 43 

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

Art. XVIII. All moneys raised by taxation in the school moneys 
towns and cities for the support of public schools, and piild'f o? srcta- 
all moneys which may be appropriated b}^ the state for po^oriSat 
the support of common schools, shall be applied to, and provision as to 



44 CONSTITUTION OF THE 



Bchoois.see expended in, no other schools than those which are con- 
Part First° Art. ductcd according to law, under the order and superintend- 
™AUen, 500, encc of the authorities of the town or city in which the 
losMass. 94, 96. niouej is to be expended; and such moneys shall never 

be appropriated to any religious sect for the maintenance, 

exclusively, of its own school. 
preSe7oJ° Akt. XIX. The legislature shall prescribe, by general 
Bhtrfffsfregrs*. ^^"^^ ^'^^^ ^^^ elcctioii of shcrifts, registers of probate, [com- 
^etl^ %ie°^^^^' iiiissioners of insolvencj^] and clerks of the courts, by the 
amendments, pcoplc of tlic Several couutics, and that district-attorne3^s 
8 Gray, 1. ' shall bc choscu by the people of the several districts, for 
13 Gray, 74. ^^^|^ tcmi of ofBcc as the legislature shall prescribe. 

no Mass. 172, 173. 117 Mass . 602, 603. 121 Mass. 65. 

Reading consti- j^^^. XX. No pcrsou sliall havc the right to vote, or 
English and \^q eligible to officc uudcr the constitution of this common- 
eary qu'aiifica"- wcaltli, who sliall uot be able to read the constitution in 
Proviso.^" ^^^' the English language, and write his name : jrrovided, Jioiv- 
ficau^'ons^B^r''" evev, that the provisions of this amendment shall not apply 
Art°m''"*''' ^o ^"J person prevented by a physical disability from com- 
see also amend- plyino- with its requisitions, nor to any person who now 

ments. Art. T?.i 

XXIII., which has the right to vote, nor to any persons who shall be 

was annulled by . . "^ ,. i j. xi u.- xi • i j. 

endments, sixty years oi age or upwards at the time this amendment 



Art. XXVI 



diall take effect. 



voTrrand oP^ Art. XXI. A ccusus of the legal voters of each city 
inhabitants, and towu, ou tlic first day of May, shall be taken and 
etc. See ' rctumcd into the office of the secretary of the common- 
wealth, on or l)efore the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixtj'-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. 
SntativeVto'"^^" ^'^^ liousc ()f representatives shall consist of two hun- 
con8i8tof24o fipgd and fortv members, which shall be apportioned by 

members. . ^ .,, . ^ , ^ , 

Legislature to the legislature, at its first session after the return of each 
lo^Gray^'eil.''" enumeration as aforesaid, to the several counties of the 
commonwealth, equally, as nearly as may be, according 
to their relative numbers of legal voters, as ascertained 
by the next preceding special enumeration ; and the town 
of Cohasset, in the county of Norfolk, shall, for this pur- 



COMMONWEALTH OF MASSACHUSETTS. 45 

pose, as well as in the formation of districts, as hereinafter 
provided, be considered a part of the county of Plymouth ; 
and it shall be the duty of the secretary of the common- secretary shau 
wealth, to certify, as soon as may be after it is determined cers* authorized 
by the legislature, the number of representatives to which counties! 
each county shall be entitled, to the board authorized to 
divide each countj' into representative districts. The 
mayor and aldermen of the city of Boston, the county 
commissioners of other counties than Suffolk, — or in lieu 
of the mayor and aldermen of the city of Boston, or of the 
county commissioners in each county other than Suifolk, 
such board of special commissioners in each county, to 
be elected by the people of the county, or of the towns 
therein, as may for that purpose be provided by law, — 
shall, on the first Tuesday of August next after each Meeting for 
assignment of representatives to each county, assemble at firliTTuesday 
a shire town of theu- respective counties, and proceed, as Pr^efdhigs. 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county ; and such districts 
shall be so formed that no town or ward of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Ever}^ representative, for one year at least next preceding Quaiificationsof 
his election, shall have been an inhabitant of the district i22Mr88!'595f^' 
for which he is chosen, and shall cease to represent such ^^^' 
district when he shall cease to be an inhabitant of the 
commonwealth. The districts in each county shall be Districts to be 
numbered by the board creating the same, and a descrip- de^ribe^d 'and 
tion of each, with the numbers thereof and the number *'^''*^^'^<^- 
of legal voters therein, shall be returned by the board, to 
the secretary of the commonwealth, the county treasurer 
of each county, and to the clerk of every town in each 
district, to be filed and kept in 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!°xxxiLi. 
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 legal voters of each city g^^^^^^^^-g^ 
and town, on the first dav of iNIav, 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 



annulled bj 
Art. XXVI 



Vacancies in the 
senate. 



returned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enu- 
meration shall be made of the legal voters, and in each 
city said enumeration shall specify the number of such 
legal voters aforesaid, residing in each ward of such city. 
The enumeration aforesaid shall determine the apportion- 
ment of senators for the periods between the taking of the 
census. The senate shall consist of forty members. The 
general court shall, at its first session after each next pre- 
ceding special enumeration, divide the commonwealth into 
forty districts of adjacent territory, each district to contain, 
as nearly as may be, an equal number of legal voters, ac- 
cording to the enumeration aforesaid : jyrovided, hoivever, 
that no town or ward of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as ma}^ be, 
without uniting two counties, or parts of two or more 
counties, into one district. Each district shall elect one 
senator, who shall have been an inhabitant of this com- 
monwealth five years at least immediately preceding 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 commonwealth. [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 
be otherwise qualified, according to the constitution and 
laws of this commonwealth : provided, that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom.] 

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



COMMONWEALTH OF MASSACHUSETTS. 47 

Akt. XXV. Ill case of a vacancy in the council, from vacancies in the 
a failure 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 occurs, to fill that office. If such vacancy shall 
happen when the legislature is not in session, the governor, 
with the advice and consent of the council, may fill the same 
by appointment of some eligible person. 

Art. XXVI. The twentj'-third article of the articles Twenty-tiiird 
of amendment of the constitution of this commonwealth, ameudmenta 
Avhich is as follows, to wit: " No person of foreign birth annuUed. 
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 3'ears subsequent to his natm*alization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth : provided, that this amend- 
ment shall not aftect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
iwovlded, further, that it shall not affect 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.,' reiating^o 
sons holding the office of president, professor, or instructor vSdTcoiil^r' 
of Harvard College, is hereby annulled. annulled. 

Art. XXVIII. No person having served in the army superseded by 
or navy of the United States in time of war, and having 
been honorably discharged from such service, if otlierwise 
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 r^a'^son^of ^ 
representatives, shall, by reason of a change of residence dencf uutiiTil" 
within the commonwealth, be disqualified from voting for J\'^°*ofVem?vai. 
said officers in the city or town from which he has removed 



48 



CONSTITUTIOX OF THE 



AmendmentB, 
Art. XXVIII. 



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



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



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



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



Provisions of 
Art. II., § III., 
Chap. I., rela- 
tive to expense 
of travelling to 
the general 
assembly 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 hereby amended by striking out in 
the fourth line thereof the Avords " 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 w^ords " 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-pa}anent of a poll tax. 

Art. XXXII. So much of article three of the amend- 
ments of the constitution of the commonwealth as is con- 
tained in the following words : " and who shall have paid, 
by himself, or his parent, master, or guardian, an}^ state or 
county tax, which shall, within two years next preceding 
such election, have been assessed upon him, in anj^ 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 majorit}^ of the members of each 
branch of the general court shall constitute a quorum for 
the transaction of business, but a less number may adjourn 
from day to day, and compel the attendance of absent 
members. All the provisions of the existing constitu- 
tion inconsistent with the provisions herein contained are 
hereb}^ annulled. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 49 

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

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

Art. XXXVII. The governor, with the consent of feXrofflLrs. 
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 Bcsolved, " 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 submitted, by delegates 
in convention assembled, November 15, 1820, to the people, and by 
them ratified and adojited 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, 1838. 

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

The thirteenth Article was adopted by the legislatures of the politi- 
cal years 1839 and 1840, respectively, and was 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 ratified 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 
legislatures of the political years 1859 and 1860, and ratified by the 
people on the seventh day of May, 1860. 

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

The twenty-seventh Article was adopted by the legislatures of the 
political years 1876 and 1877, 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 appi'oved and ratified by the 
people on the eighth day of November, 1881 

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

The thirtieth and thirty-first Articles were adopted by the legis- 
latures of the political years 1889 and 1890, and were approved and 
ratified by the people 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-fom'th Article 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 was 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 appi'oved 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 ofiicers, 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. 

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

removed by governor with consent of council upon, . 26 

Adjutant-general, aj^pointed by tlie governor, .... 22 
Adjutants, to be appointed 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, jH-oposed in the general court, 
agreed to by a majority of senators and two-thirds of 
house present and voting thereon by yeas and nays ; en- 
tered vipon the journals of both houses, and referred to 
the next general court ; if the next general court agrees 
to the proposition in tlie 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 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 

Appoi'tionment of representatives, 16,39,40,44 

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

consent of the legislature, 8 

Arms, right of people to keep and to bear, for 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 by the voters, or in case of decease of 
person elected, vacancy to be fdled by joint ballot of legis- 
lature i'rom the two persons having the highest number 

of votes at November election, 43 

63 



56 INDEX TO THE CONSTITUTION. 

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

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

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

next preceding election or 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 legislature, 43 

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

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

next i^receding 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 writing, to be returned to 
branch in which originated, and may be passed by two- 
thirds of each branch present and voting thereon by j'eas 

and nays, 10 

if not returned by governor within five days after presenta- 
tion, to have force of law, unless the legislature adjourns 
before that time exjiires, . . . . . . .11,34 

Boards, public, to make quarterly reports to the governor, . . 22 
Body politic, formation and nature of, ..... . 3 

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



c. 

Census of ratable polls, 38 

of inhabitants, 40,44,45 

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

every tenth year thereafter, 44, 46 

enumeration of voters to determine the apportionment of 

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



INDEX TO THE CONSTITUTION. 57 

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

thereof, 34 

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

elected by a plurality of votes, 41 

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

force, . 32 

Commander-in-chief, governor to be, ...... 20 

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

counties ; annulled, 44, 49 

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

seal affixed, 32 

Congress, delegates to, 27 

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

Constitution, j^rovisions for revising, 33, 36 

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

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

Coroners, 21 

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

eight councillors to be elected annually, 24, 42 

election to be determined by rule reqviired 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 j'ears pre- 
ceding election, ......... 42 

term of office, 37 

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

council, 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 ujion important questions of law, etc., when 
required by either branch of the legislature or by the 

governor and council, 26 

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

Courts, probate, provisions 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 affirmations, 11 

Crimes and oifences, 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 se^^arate, 9 

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

senatorial districts, . 42 

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

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

Divorce, alimony, etc., . 27 

E. 

Educational interests to be cherished, 29 

Elections ought to be free, 6 

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



INDEX TO THE CONSTITUTION. 59 

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

Tuesday next after the first Monday in November, . . 41 
ill 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 

P>iuality and natural rights of all men, 4 

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

Ex 2)osi facto laws, declared unjust and oppressive, ... 9 

F. 

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

Fines, excessive, not to be imposed, 9 

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

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

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

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

possession of, b}^ governor, provision requiring, annulled, . 48 
Fimdamental principles of the constitution, a frequent recurrence 

to, recommended, 8 

G. 

General coiu't, to assemble frequently for redress of grievances, and 

for making laws, ........ 8 

freedom of speech and debate in, 8 

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

formed by two branches, a senate and house of representa- 
tives, each having a negative on the other, . . . 10 
to assemble every year on the first Wednesday of January, at 
such other times as they shall judge necessary, and when- 
ever called by the governor with the advice of council, 10, 19, 37 
may constitute and erect judicatories 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 property qualifications of persons to be elected 

to office, 32 

certain officers not to have seats in, 31 

may be prorogued by governor and coimcil 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 prescribe 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, objec-ts 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 oflice, .......... 37 

should have an honorable stated salary, 23 

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

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

to appoint the adjutant-general, 22 

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

not to hold certain other offices, 31 

to take oaths of office before president of the senate in 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, powers 

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

with advice of council, may adjourn or prorogue the legislat- 
ure upon request, and convene the same, .... 19 

may adjourn or prorogue the legislature for not exceeding 
ninety daj'S 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 ajjpoint all judicial officers, notaries public and coroners; 
nominations to be made at least seven days before ap- 
pointment, 21, 35 



INDEX TO THE CONSTITUTION. 61 

Page 
Governor, to appoint officers of the continental army, ... 22 
may pardon oftences, but not before conviction, ... 21 
may fill vacancy in comicil 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 guilty of disrespect, etc., by imprison- 
ment not exceeding thirty days, 17, 18 

quonun 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 amjjle 
manner, and not to be suspended by legislature except 

upon most urgent occasions, 32 

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

board of overseers established, but the government of the 

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

officers may be elected members of the general court, . . 47 

Hereditary offices and privileges, absurd and unnatural, . . 5, 6 

House of representatives, members may be instnicted by the people, 8 

a representation 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 i^rojjose or 

concur with amendments, 17 

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

quorum of, 17,45,48 

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

may punish hj 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 representatives, privileges of members, .... 18 

may require the attendance of secretary of the commonwealth 

in person or by deputy, 26 

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

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

first Monday of November, ...... 41 

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

Monday of November, . . . . . . . 41, 42 

to consist of two hundred and forty members, 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 ward of a city to 
be divided, 45 

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

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



I. 

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

indictment, . . . 15, 16 

Incompatible offices, . . .31,36 

" Inhabitant," the word detined, ....... 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 

covinties ; 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., when 
required 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 affii'mations, . . . . . 11 

Jvidicial department, not to exercise legislative or executive powers, 9 



INDEX TO THE CONSTITUTION. 63 

Page 
Judicial officers, appointed by the governor with consent of council ; 

nominations to be made seven days prior to appointment, 21 
to hold olHce during good behavior, except when otherwise 

provided by the constitution, 26 

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

of botli houses of the legislature, ..... 26 

Jury, trial by, right secured, 7 

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

date of appointment, but may be renewed, ... 26 
removal of, from office, 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 person to have remedy in, for injury to person or 

property, 6 

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

ex post facto, prohibited as unjust and inconsistent with free 

government, 9 

of province, colony and state, not repugnant to the constitu- 
tion, continued in force, 82 

Legislative power, 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 president 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 j^res- 

ence of both houses, 31 

not to hold certain other offices, 31 

term of office, 37 

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

M. 

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

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

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

concurrent vote, ......... 21 

may appoint their aids, ........ 22 

Marriage, divorce and alimony, 27 



64 INDEX TO THE CONSTITUTION. 

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

of legislature, 9 

Military power, subordinate to civil authority, .... 8 
Militia, not to be obliged by commander-in-chief to march out of 

the limits of the state, 21 

captains and subalterns, elected by the train-bands, . .21,35 

all members of companies may vote, including minors, . . 35 

field officers, elected by captains and subalterns, ... 21 

brigadiers, elected by field officers, 21 

major-generals, elected by senate and house of representatives 

by concurrent vote, 21 

mode of election of officers to be fixed by standing laws, . 21 
if electors refuse to elect, governor with advice of council 

may appoint officers, ........ 22 

officers commissioned to command may be removed as may 

be i^rescribed by law, 22, 35 

appointment of staft' officers, 22 

organization ; divisions, brigades, regiments and companies, . 22 

Money, issued from treasury by warrant of governor, etc., . . 22 
mentioned in the constitution, to be computed in silver at six 

shillings and eight pence per ounce, 32 

Money bills, to originate in house of representatives, ... 17 
Moneys, raised or appropriated for public or common schools, not 

to be applied for sujiport of sectarian schools, ... 43 

Moral obligations of lawgivers and magistrates, .... 8 

Moral qualifications for office, 8 

IN. 

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

how removed, 35, 49 

o. 

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

toi'ies, ........... 11 

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

forms of, 29,30,35 

Quakers may affirm 30, 36 

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

Objects of government, 3, 6 

Oftences and crimes, prosecutions for, regulated, .... 7 

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

Office, rotation in, right secured, 6 

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



INDEX TO THE CONSTITUTION. 65 

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

of, 11 

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

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

the address of both houses of the legislature, ... 26 
Officers of former government, continued, ..... 83 
Officers of the militia, election and appointment of, ... 21 

removal of, 22, 35 

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

Offices, plurality of, prohibited to governor, lieutenant-governor 

and judges, 31,36 

incompatible, 31,32,36 

Orgfauization of the militia, 22 



P. 

Pardon of oifences, 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 indeijendent state, 6 

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

instruct their representatives, and to petition legislature, 8 

Person and 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, ratable, census of, 38 

Preamljle 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 jDcople 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 

Prose<'Utions for crimes and ofiences regulated, .... 7 
Provincial laws, not repugnant to the constitution, continued in 

force, ........... 32 



66 INDEX 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 qvialitieations 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, j^artially 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 

E. 

Ratable j^olls, census of, 88 

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 probate, chosen by the people 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 by law, 5,38 

Religious societies, may elect their ov/n pastors or religious teachers, 5, 38 

membership of, defined, 38 

Religious worship, public, right and duty of, and proteftion 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 promi)t, 6 

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

Returns of votes, 13,19,42,43 

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



s. 

Sailors and soldiers, who have served, etc., during time of war, not 
disqualified from voting- on account of non-payment 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 the 
justices of the supreme 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 jjeople annually 

in November, 25, 43 

to hold office for one year from third ^Vednesday in January 

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

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

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

vacancy occurring during session of the legislature, filled by 

joint 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, Avith 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 days, 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 



68 INDEX TO THE CONSTITUTION. 

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

Self-government, right of, asserted, 5 

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

to consist of forty members, apportionment, etc., . . 12,39,46 
to be chosen annually, ........ 13 

governor and at least five councillors, to examine and coimt 

votes, and issue summonses to members, .... 14 

to be final judges of elections, returns and qualifications of 

their own members, 14 

vacancy to be filled by election, l)y 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 oflTences ; trial may be by committee, . 18 
may require 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 imjiortant 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 oftices, .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 every ten 

years, 12 

Tenure that all commission officers shall by law have in their 

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

Tests abolished, 36 

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

Title of governor to be,— His Excellency, 18 

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

Town meetings, selectmen to preside at, 13 

ToAvn representation in the legislature, 16, 39, 40 

Towns, voting precincts in, 47 

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

government, 16 

Treason and felony, no sul^ject to be declared guilty of, by the 

legislature, 9 

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

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualified, 43 
manner of election, etc., same as governor, .... 43 
not eligible, unless an inhabitant of the state for five years 

next preceding election or appointment, .... 43 
no man eligible more than five years successively, . . .25, 26 
in failure of election by voters, or in case of decease of pei'son 
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 j)eople 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 appointed fails 

to be qualified within ten days, 43 

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

governor, except, etc., 22 

Trial by jury, right to, secured, 7 

guaranteed in criminal cases, excei^t in army and navy, . 7 



70 INDEX TO THE CONSTITUTION. 

U. 

Page 
University at Cambridge, 27,28,47 



Y. 

Vacancy in otlice 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 failure 
to elect, filled by joint ballot of legislature from the two 
persons having highest number of votes at November 

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, with advice of council, . . 35, 43 
Vacancy in militia office, filled by governor and council, if electors 

neglect or refuse to make election, . . . . . 21, 22 
Valuation of estates, to \)e 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, 46, 47, 48 
not disqualified on account of non-payment of poll tax if they 

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

the basis upon which the apportionment of representatives 

to the several counties is made, 44 

basis of apportionment of senators, 46 

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

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

plurality of, to elect civil officers, 41 

Voting precincts in towns, 47 



INDEX TO THE CONSTITUTION. 71 



w. 

Page 
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 Wednesday of January, . . 37 



ACTS AN"D EE80LVES 

OF 

MASSACHUSETTS. 
1909. 



l!I^°The General Court of the year nineteen lumdred and nine assembled 
on Wednesday, tlie sixth day of January. The oaths of office were taken 
and subscribed by His Excellency Eben S. Draper and His Honor Louis 
A. Frothingham, on Thursday, the seventh day of January, in the presence 
of the two Houses assembled in convention. 



ACTS 



Chap. 



An Act making appropeiations fob the compensation 
of the members of the general court, for the com- 
pensation of the officers thereof, and for ex- 
penses in connection therewith. 

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

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth *''°°^' 
from the ordinary revenue, for the purposes specified, for 
the fiscal year ending on the thirtieth day of ISTovember, 
nineteen hundred and nine, to wit : — 

For the compensation of senators, thirtv thousand seven senators, 
hundred and fifty dollars. compensation. 

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

For the compensation of representatives, one hundred t^vesfcom-' 
and eighty thousand seven hundred and fifty dollars. pensation. 

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 ^ierkg^"senate 
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 ^'®"P^L<. 

assistance. 

the senate as may be necessary for the proper despatch of 
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 hundred dollars. °^^' 

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



Acts, 1909. — Chap. 1. 



Chaplains. 

Sergeant-at- 

arms. 

First clerk. 

Cashier. 

Expenses. 



Doorkeepers, 
etc. 



Assistant 
doorkeepers, 
messengers, 
etc. 



Printing and 
binding, 
senate and 
house. 



Manual. 



Senate 
stationery. 



House 
stationery. 



Sergeant-at- 
arms, station- 



Contingent 
expenses. 



E.xpenses of 
committees. 



Advertising 
hearings. 



For the compensation of the chaplains 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 ser- 
geant-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 
hundred 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 repre- 
sentatives, 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, 1909. — Chaps. 2, 3, 4. 5 

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

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

Section 2. This act shall take effect upon its passage. 
Approved January 13, 1909. 

An Act makiiv^g an appkopriation for the Worcester (^j^Q^-f o 

POLYTECHNIC INSTITUTE. 

Be it enacted, etc., as follows: 

Section 1. The sum of ten thousand dollars is hereby Worcester 
appropriated, to be paid out of the treasury of the common- Fniutute!"*' 
wealth from the ordinary revenue, to the Worcester Poly- 
technic Institute, as provided for 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 21, 1909. 

An Act making an appropriation for the massachu- Chan. 3 

SETTS INSTITUTE OF TECHNOLOGY. 

Be it enacted, etc., as folloivs: 

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

Section 2. This act shall take effect upon its passage. 
Approved January 21, 1909. 



Chap. 



An Act making an appropriation for the construc- 
tion OF A stone breakwater OFF THE TOWN OF 

revere. 
Be it enacted, etc., as folloivs: 

Section 1. The sum of ten thousand dollars is hereby Construction 
appropriated, to be paid out of the treasury of the common- water'^e the 
wealth from the ordinary revenue, for the construction of R^^ere! 
a stone breakwater off the town of Eevere, 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 21, 1909. 



Acts, 1909. — Chaps. 5, G, 7. 



Chap. 5 An Act makixg aist appropriation for the Massachu- 
setts STATE firemen's ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1. The sum of fifteen thousand dollars is 
hereby appropriated, to be paid out of the treasury of the 
commonwealth from the ordinary revenue, for the Massa- 
chusetts State Firemen's Association, as provided for by 
chapter one hundred and seventy-one of the acts of the year 
nineteen hundred and six. 

Section 2. This act shall take effect upon its passage. 
Approved January 22, 1909. 



Massachusetts 
State 
Firemen's 
Association. 



Payment of 
certain claims 
arising from 
the death of 
firemen. 



Chctp. 6 An Act making an appropriation for the PxVyment of 

CLAIMS ARISING FR0]\I 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 
appropriated, to be paid out of the treasury of the common- 
wealth, as authorized by section seventy-seven of chapter 
thirty-two of the Revised Laws, for the payment of such 
claims as may arise in consequence of the death of firemen 
belonging to the regularly organized fire 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 dis- 
charge of their duties at fires, during the fiscal year ending 
on the thirtieth day of ISTovember, nineteen hundred and 



nine. 

Section 2. 



This act shall take effect upon its passage. 
Approved January 22, 1909. 



Chap. 



Appropria- 
tions. 



7 An Act making appropriations for salaries and ex- 
penses IN THE DEPARTMENT OF THE AUDITOR OF THE 

commonwealth. 
Be it enacted, etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the purposes specified, for 



Acts, 1909. — Chap. 8. 7 

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

For the salary of the auditor, five thousand dollars. Auditor. 

For the salary of the deputy auditor, thirty-five hundred f^Xor 
dollars. 

For the salary of the supervisor of accounts in the audit- Supervisor of 
or's department, twenty-five hundred dollars. accoun s. 

For the salai-y of the first clerk in the auditor's depart- First clerk, 
ment, twenty-five hundred dollars. 

For the salary of the second clerk in the auditor's depart- Second clerk. 
ment, twenty-two hundred dollars. 

For additional clerks, examiners, stenographers and such Additional 

IT- ii'i • 1 T r.1 clerks, etc. 

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- Messenger. 
ment, nine hundred dollars. 

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

For incidental and contingent expenses in the depart- E.xpenses. 
ment of the auditor, a sum not exceeding twenty-five hun- 
dred dollars. 

Section- 2. This act shall take effect upon its passage. 
Approved January 21 , 1909. 

An Act making appropriations for the compensation QJiq^tq g 

OF VETERANS AND PRISON OFFICERS RETIRED FROM PUB- 
Lie SERVICE. 

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 ISTovember, 
nineteen hundred and nine, to wit : — 

For the compensation of certain veterans of the civil war Compensation 
formerly in the service of the commonwealth and now re- vet^anl 
tired from that service, a sum not exceeding thirty thousand 
dollars. 

For the compensation of certain prison officers formerly Compensation 
in the service of the commonwealth and now retired, a sum prison"^^ 
not exceeding thirty-four hundred dollars. officers. 

Section 2. This act shall take effect upon its passage. 
Approved .January 27, 1909. 



Appropria- 
tions. 



Acts, 1909. 



Chaps. 9, 10, 11. 



Appropria 
tions. 



Chap. 9 An Act making appeopriations foe expenses in con- 
nection WITH THE SUPEEVISION OF TELEPHONE AND 
TELEGEAPH COMPANIES. 

Be it enacted, etc., as folloivs: 

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

For the salaries of the commissioners, the sum of forty- 
five hundred dollars. 

For necessary statistics, books, stationery, clerks, trav- 
elling and incidental expenses, a sum not exceeding six 
thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved January 21, 1909. 



Highway com 
missioners. 



Expenses. 



Chap. 10 An Act making appeopeiations foe the compensation 

AND EXPENSES OF THE BALLOT LAW COMMISSION. 

Be it enacted, etc., as follows: 

tlons"^."^"^ 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 ISTovember, 
nineteen hundred and nine, to wit : — 

For the compensation of the ballot law commission, a 
sum not exceeding fifteen hundred dollars. 

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

Section 2. This act shall take effect upon its passage. 
Approved January 21, 1909. 



Ballot law 
commission 



Expenses. 



Chap. 11 An Act imaking an appeopeiation foe the deedging of 

DOEC HESTER BAY. 

Be it enacted, etc., as follows: 

Section 1. The sum of eight thousand dollars is hereby 
appropriated, to be paid out of the treasury of the com- 
monwealth from the ordinary revenue, for the purpose of 



Dredging of 
Dorchester 
bay. 



Acts, 1909. — Chaps. 12, 13. 9 

dredging Dorchester bay, between Savin Hill and Com- 
mercial Point west of the 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 
addition to any amount heretofore appropriated for this 
purpose. 

Section 2. This act shall take effect upon its passage. 
Approved January 21 , 1909. 

Ax Act making appropriations for the salary and (JJiqjj 22 

EXPENSES OF THE COMMISSIOX^ER OF PUBLIC RECORDS. 

Be it enacted, etc., as folloivs: 

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 oS'ovember, 
nineteen hundred and nine, to wit : — 

For the salary of the commissioner of public records. Commissioner 
twenty-five hundred dollars. records!" 

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

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. 
Approved January 21, 1909. 



tions. 



ChaiJ. 13 



An Act makings appropriations for salaries xVnd 
expenses in the office of the controller of 
county accounts. 

Be it enacted, etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are ap- Appropria- 
propriated, to be paid out of the treasury of the common- *'°°^' 
wealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day of 
Xovember, nineteen hundred and nine, to Avit : — 

For the salary of the controller of county accounts, Controller of 
twenty-five hundred dollars. counts. 

For the salary of the first deputy controller of county First deputy, 
accounts, eighteen hundred dollars. 



10 



Acts, 1909. — Chap. 14. 



Second deputy. 



Third deputy. 



Expenses. 



For the salary of the second deputy controller of county 
accounts, fifteen hundred dollars. 

For the salary of the third deputy controller of county 
accounts, twelve hundred dollars. 

For travelling and office expenses of the controller of 
county accounts and of his deputies, to include the print- 
ing 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 27, 1909. 



CJiap, 14 An Act making appeopeiations for salaries and ex- 
penses IN THE DEPARTMENT OF THE SEEGEANT-AT- 
ARMS. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the com- 
monwealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day 
of l^ovember, nineteen hundred and nine, to wit : — 

For the salaries of the chief engineer and other em- 
l^loyees 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 
thousand six hundred dollars. 

For the salaries of the sergeant-at-arms' messengers, 
porters and office boy at the state house, a sum not ex- 
ceeding eleven thousand and sixty dollars. 

For rent of telephones and expenses in connection there- 
with at the state house, a sum not exceeding seventy-five 
hundred dollars. 

For heat, light and power at the state house, including 
coal, water, gas, and the removal of ashes, a sum not 
exceeding 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. 



Appropria- 
tions. 



Engineer's 
department. 



Watchmen, 
etc. 



Messengers, 
porters, etc. 



Telephones. 



Heat, light, 
etc. 



Care of state 
house, etc. 



New furniture, 
etc. 



I 



tions. 



Acts, 1909. — Chaps. 15, 16. 11 

For the salary of the state house matrou, a sum not state house 

T • 1 S 1 1 1 n matron. 

exceeding eight nundred 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 January 21 , 1909. 

An Act making appeopeiations for the expenses of Chap. 15 

THE BOAED OF FEEB PUBLIC LIBEAEY COMMISSIONEES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are Appropria- 
appropriated, to be paid out of the treasury of the com- 
monwealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day of 
Xovember, nineteen hundred and nine, to wit : — 

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

For clerical assistance to and incidental and necessary clerical as- 
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, 1909. 

An Act making appeopeiations foe the payment of (JJicm. 16 
annuities and pensions to soldiees and othees. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are Appropria- 
appropriated, to be paid out of the treasury of the com- 
monwealth from the ordinary revenue, for the payment of 
annuities and pensions due from the commonwealth to 
soldiers and others during the fiscal year ending on the 
thirtieth day of Xovember, nineteen hundred and nine, to 
wit : — 

For annuities to soldiers and others, as authorized by Annuities to 
the general court, the sum of fifty-two hundred and fifty 
dollars. 

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

Section 2. This act shall take effect upon its passage. 
Approved January 29, 1909. 



tions. 



12 



Acts, 1909. — Chap. 1^ 



Chap. 17 An Act making appropeiations fob the Massachusetts 

AGEICULTUEAL COLLEGE. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the com- 
monwealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and nine, to wit : — 

For providing one hundred and twenty free scholarships 
at the Massachusetts Agricultural College, the sum of 
fifteen thousand dollars. 

For providing the theoretical and practical education 
required by the charter of the college and by the laws of 
the United States relating thereto, the sum of thirty thou- 
sand dollars. 

For the further maintenance of the college, the sum of 
twelve 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 plant 
of the college, the sum of five hundred dollars. 

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 collecting and analyzing samples of concentrated 
commercial feed stuffs, a sum not exceeding three thou- 
sand dollars. 

For travelling and other necessary expenses of the 
trustees of the college, a sum not exceeding eight hundred 
dollars. 

For printing and binding the report of the trustees of 
the college, a sum not exceeding three thousand dollars. 

For the establishment of a normal department at the 
college, for the purpose of giving instruction in the ele- 
ments of agriculture to persons desiring to teach such 
elements in the public schools, the sum of five thousand 
dollars. 



Appropna- 

chusetts 

Agricultural 

College. 



Scholarships. 



Theoretical 
and practical 
education. 



Labor fund, 
etc. 



Veterinary 
laboratory. 



Heating and 
lighting plant. 



Dining hall. 



Agricultural 
experiment 
station. 

Collecting, etc. 
samples of 
commercial 
feed stuSs. 



Expenses of 
trustees. 



Report of 
trustees. 



Normal 
department. 



Acts, 1909. — Chap. 18. 13 

For short courses in aa;riciiltiire, the sum of five thou- Courses in 

I t Ti "" agriculture. 

sand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved January 29, 1909. 



Chap. 18 



An" Act making appijopeiations for sundry miscel- 
laneous EXPENSES AUTHORIZED BY LAW. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are Appropna- 
appropriated, to be paid out of the treasury of the com- *'°°^" 
monwealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day of 
Xovember, nineteen hundred and nine, to wit : — 

For medical examiners' fees, a sum not exceeding four Medical 

1 1 1 1 Ti examiners' 

hundred dollars. fees. 

For travelling and other necessary expenses of the state state board of 
hoard of publication, a sum not exceeding one hundred i^^veTe°^' 
dollars. 

For payment of damages caused by wild deer, for the Damages by 
present year and for previous years, a sum not exceeding ^''"^ ''^*'''" 
forty-five hundred dollars. 

For expenses incurred in the construction and repair of ^adl'm^*''" °^ 
roads in the town of Mashpee during the year nineteen Mashpee. 
hundred and nine, the sum of three hundred dollars. 

For assistance to the town of Truro in maintaining a Beach Point 
section of its county highway kno\vm as Beach Point road, Truro. 
a sum not exceeding five hundred dollars. 

For small items of expenditure for which no appropria- Smaii items of 
tions have been made, and for cases in which appropri- ^''^^° '^"'^^' 
ations 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 the 
commonwealth. 

For reimbursing certain officials for premiums paid ^ert^n^onds. 
for procuring sureties on their bonds, a sum not exceeding 
one thousand dollars. 

For the expenses of the electoral college, a sum not ^Jfig*°''^^ 
exceeding five hundred dollars. 

For preliminary plans, specifications, etc., provided for Certain plans, 

T- xi 1 ^- x^i . .• 1 • ^ J? specifications, 

by the act relative to the construction and improvement oi etc. 



14 



Acts, 1909. — Chap. 19. 



buildings at state and other institutions, a sum not ex- 
ceeding two thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved January 29, 1909. 



Chap. 19 



Appropria- 
tions. 



Tax com- 
missioner, etc. 

Deputy. 
Assistants. 
First clerk. 
Second clerk. 

Supervisors of 



Clerical 
assistance. 



E.xpenses. 



Travelling ex- 
penses of com- 
missioner, etc. 

Travelling ex- 
penses of 
supervisors. 

Valuation 
books. 



An Act making appropriations for salaries and ex- 
penses IN THE department OF THE TAX COMMISSIONER 
AND COMMISSIONER OF CORPORATIONS. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the com- 
monwealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day 
of ISTovember, nineteen hundred and nine, to wit : — 

For the salary of the tax commissioner and commis- 
sioner of corporations, five thousand dollars. 

For the salary of the dej^uty tax commissioner, three 
thousand dollars. 

For the salaries of the three assistants in the department 
of the tax commissioner, seven thousand dollars. 

For the salary of the first clerk in the department of 
the tax commissioner, two thousand dollars. 

For the salary of the second clerk in the depart- 
ment of the tax commissioner, twelve hundred and fifty 
dollars. 

For the salaries of the supervisors of assessors, six 
thousand dollars. 

For such additional clerical assistance as the tax com- 
missioner may find necessary for the despatch of pub- 
lic business, a sum not exceeding thirty-three thousand 
dollars. 

For incidental and contingent expenses of the tax 
commissioner and commissioner of corj^orations, a sum 
not exceeding sixty-five hundred dollars. 

For travelling expenses of the tax commissioner and 
his deputy, a sum not exceeding seven hundred dollars. 

For travelling and other expenses of the supervisors of 
assessors, a sum not exceeding thirty-five hundred dollars. 

For valuation books for assessors of cities and towns, a 
sum not exceedina; one thousand dollars. 



Acts, 1909. — Chaps. 20, 21. 15 

For printing and binding the annual report of the tax Annual 
commissioner and the table of aggregates, a sum not ex- '"^p"'"''- 
ceeding nineteen hundred dollars. 

Section 2. This act shall take effect upon its passage. 
Approved January 29, 1909. 

Ax Act making appropbiations foe the compensation Chap. 20 

AND EXPENSES OF THE CIVIL SERVICE COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are Appropna- 
appropriated, to be paid out of the treasury of the com- 
monwealth from the ordinary revenue, for the civil service 
commission, for the fiscal year ending on the thirtieth 
day of K'ovember, nineteen hundred and nine, to wit : — 

For the salaries of the members of the commission, Civiisen-ice 

,1 • . . 1 1 1 1 n commission. 

thirty-nme hundred dollars. 

For the salary of the chief examiner of the commission. Chief 
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, for office, printing, travelling clerical as- 
and incidental expenses of the commissioners, chief ex- 
aminer, secretary and inspectors, and for advertising and 
stationery, a sum not exceeding twenty-nine thousand six 
hundred dollars. 

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

Section 2. This act shall take effect upon its passage. 
Approved January 29, 1909. 



Chaj). 21 



Ax Act making appropriations for payment of state 

AND MILITARY AID^ AND EXPENSES IN CONNECTION 
THEREWITH. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are Appropria- 
appropriated, to be paid out of the treasury of the com- 
monwealth from the ordinary revenue, for the purposes 



tions. 



16 



Acts, 1909. — Chap. 22. 



State and 
military aid. 



Commissioner 
of state aid, 
etc. 

Deputy. 
Agents. 
Bookkeeper. 



Additional 
clerks. 



Expenses. 



specified, for the fiscal year ending on the thirtieth day 
of K'ovember, nineteen hundred and nine, to wit : — 

For repayment to cities and townis of money paid on 
account of state and military aid to Massachusetts volun- 
teers and their families, a sum not exceeding eight hun- 
dred and sixty-six thousand dollars, the same to be paid 
on or before the fifteenth day of jSTovember in the year 
nineteen hundred and nine. 

Eor the salary of the commissioner of state aid and 
pensions, twenty-fi-^'e hundred dollars. 

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

For the salaries of the 
state aid and pensions, forty-two hundred dollars 

For the salary of the bookkeeper of the said commis- 
sioner, thirteen hundred dollars. 

For the salaries of additional clerks of the said com- 
missioner, a sum not exceeding forty-nine hundred and 
eighty dollars. 

For incidental and contingent expenses of the said 
commissioner, to include necessary travel, a sum not ex- 
ceeding nineteen hundred and twenty dollars. 

Sectiox 2. This act shall take effect upon its passage. 
Approved January 29, 1909. 



gents of the commissioner of 



Chap. '2i'2i An Act making appeopriations for purchasing paper, 

PRINTING AND BINDING PUBLIC DOCUMENTS, PRINTING 
AND DISTRIBUTING BALLOTS, AND FOR OTHER PURPOSES. 



Appropria- 
tions. 



Public 
documents. 



Pamphlet 
edition of 
acts, etc. 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day 
of Xovember, nineteen hundred and nine, to wit : — 

For printing and binding the series of public 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 
hundred 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. 



Acts, 1909. — Chap. 23. 17 

For the newspaper publication of the general laws and oAaw^.*'"'' 
information intended for the public, a sum not exceeding 
five hundred dollars. 

For reports of decisions of the supreme iudicial court, Decisions of 

T 1 1 in supreme ju- 

a sum not exceeding two thousand dollars. didai court. 

For the purchase of paper used in the execution of the Purchase of 
contract for the state printing, a sum not exceeding thirty- 
six thousand dollars. 

For registration books and blanks, indexing returns and boftg^'^tc?'^ 
editing the registration report, a sum not exceeding five 
thousand dollars. 

For printing and distributing ballots, a sum not exceed- ^''{"^'"g' etc., 
ing ten thousand dollars. 

For blanks for town officers, election laws and blanks Blank forms. 
and instructions on all matters relating to elections, and 
for advertising the state ticket, a sum not exceeding four 
thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved January 29, 1909. 



An Act making appropriations for salaries and ex- (JJiav. 23 

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 common- 
wealth from the ordinary revenue, for the department of 
the secretary of the commonwealth, for the fiscal year 
ending on the thirtieth day of November, nineteen hun- 
dred and nine, to wit : — 

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

For the salaries of the two deputies, five thousand i^^puties. 
dollars. 

For the salary of the present corporation clerk, two Corporation 
thousand dollars. 

For the salary of the chief of the archives division, two Chief of ar- 
thousand dollars. vision. 

For the salary of the present engi-ossing clerk, sixteen Engrossing 
hundred dollars. 

For the salary of the cashier, a sum not exceeding Cashier, 
twelve hundred dollars. 



18 



Acts, 1909. — Chap. 24. 



Clerical 

assistance, 

messengers, 

etc. 

Expenses. 



Arrangement, 
etc., of 
records, etc. 

Postage, etc. 



Ballot boxes, 
etc. 



Counting 
apparatus. 



Regimental 
histories. 



Preservation of 
town records. 



For messengers and such additional clerical assistance 
as the secretary may find necessary, a sum not exceeding 
twenty-six thousand five hundred dollars. 

For incidental and contingent expenses, a sum not ex- 
ceeding four thousand dollars.^ 

For the arrangement and preservation of state records 
and papers, a sum not exceeding three thousand dollars. 

For postage and expressage on documents to members 
of the general court, and for transportation of documents 
to free public libraries, a sum not exceeding thirty-five 
hundred dollars. 

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

For the purchase of apparatus to be used at polling 
places in 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 hundred and fifty, a sum not exceeding 
fifteen thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved January 29, 1909. 



Chap. 24 An Act making appropriations for the maintenance 

OF THE reformatory PRISON FOR WOMEN. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding sixty-two thousand 
dollars is hereby appropriated, to be paid out of the treas- 
ury of the commonwealth from the ordinary revenue, for 
the maintenance of the reformatory prison for women 
during the fiscal year ending on the thirtieth day of 
]^ovember, nineteen hundred and nine. 

For the town of Framingham, toward the annual ex- 
pense 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 Fehruary 3, 1909. 



Appropria- 
tion, reforma- 
tory prison 
for women. 



Town of 
Framingham. 



Acts, 1909. — Chaps. 25, 26, 27. 19 

An Act making an appropriation for the mainte- njinj^ 05 

NANCE OF THE MASSACHUSETTS REFORMATORY. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding two himclred and reformatory"^ 
thirtj-three thousand two hundred dollars is hereby appro- 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the maintenance of 
the Massachusetts reformatory during the fiscal year end- 
ing on the thirtieth day of November, nineteen hundred 
and nine. 

Section 2. This act shall take effect upon its passage. 
Approved February S, 1909. 



An Act making an appropriation for the mainte- (JJin^j 26 
nance of the state prison. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one hundred and state prison, 
seventy-two thousand dollars is hereby appropriated, to be 
paid out of the treasury of the commonwealth from the 
ordinary revenue, for the maintenance of the state prison 
during the fiscal year ending on the thirtieth day of !N^o- 
vember, nineteen hundred and nine. 

Section 2. This act shall take effect upon its passage. 
Approved February 3, 1909. 



An Act making appropriations for salaries and ex- (JJid't) 27 

PENSES in the department OF THE TREASURER AND 
RECEIVER 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 common- *'°°^' 
wealth from the ordinary revenue, for the department of 
the treasurer and receiver general, for the fiscal year end- 
ing on the thirtieth day of E'ovember, nineteen hundred 
and nine, to wit : — 

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

For the salary of the first clerk, twenty-six hundred First clerk, 
dollars. 



20 



Acts, 1909. — Chap. 28. 



Second clerk. 
Third clerk. 



Receiving 
teller. 



Paying teller. 



Assistant 
paying teller. 



Assistant 
bookkeeper. 



Files clerk. 

Stenographer. 

Messenger. 

Clerical 
assistance. 



Expenses. 



Tax on col- 
lateral legacies, 
etc. 



For the salary of the second clerk, twenty-one hundred 
dollars. 

For the salary of the third clerk, eighteen hundred 
dollars. 

For the salary of the receiving teller, eighteen hundred 
dollars. 

For the salary of the paying teller, eighteen hundred 
dollars. 

For the salary of the assistant paying teller, one thou- 
sand dollars. 

For the salary of the cashier, twenty-two hundred 
dollars. 

For the salary of the assistant bookkeeper, fifteen hun- 
dred dollars. 

For the salary of the fund clerk, fifteen hundred 
dollars. 

For the salary of the files clerk, nine hundred dollars. 

For the salary of the stenographer, nine hundred dollars. 

For the salary of the messenger, nine hundred dollars. 

For such additional clerical assistance as may be neces- 
sary for the despatch of public business, a sum not ex- 
ceeding thirty-five hundrecl dollars. 

For incidental and contingent expenses, a sum not ex- 
ceeding 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 four thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 3, 1909. 



Chap. 28 Ax Act making appropriations 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 be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day of 
ISTovember, nineteen hundred and nine, 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. 



Appropria- 
tions. 



Governor. 
Lieutenant 



Acts, 1909. — Chap. 29. 21 

For travelling expenses of the executive council, a sum Travelling 

not exceeding one thousand dollars. expenses. 

For the salary of the private secretary of the governor, Private sec- 
twenty-five hundred dollars. gove'^rno?. 

For the salary of the executive secretary, twenty-five Executive 

hundred dollars. secretary. 

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

For the salary of the clerk of the executive department, *^^^^k- 
a sum not exceeding twelve hundred dollars. 

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

For the salary of the assistant executive messenger, one Assistant 

, T " "^ ' messenger. 

thousand dollars. 

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

For postage, printing and stationery for the executive Postage, 

^ "^ ^ T iiiTin printing, etc. 

department, a sum not exceeding twelve hundred dollars. 

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

For postage, printing and stationery for the executive Council 

. Dostage print- 

council, a sum not exceeding five hundred dollars. ing, etc! 

For the payment of extraordinary expenses, to be ex- Extraordinary 
pended under the direction of the governor and council, 
a sum not exceeding one hundred thousand dollars. 

For the preparation of tables and indexes relating to Tables and 
the statutes of the present year and of previous years, a stafut*e^s.° 
sum not 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 February 3, 1909. 

Ax Act making appropriations for salaries and ex- (Jliai^. 29 

PENSES IN" the department OF THE ATTORNEY- 
GENERAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- ^ppj^p'"'*" 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the department of 
the attorney-general, for the fiscal year ending on the 
thirtieth day of Xovember, nineteen hundred and nine, to 
wit : — 



22 



Acts, 1909. — Chap. 30. 



Attorney- 
general. 



Assistants, 
etc. 



For the salary of the attorney-general, five thousand 
dollars. 

For the compensation of assistants in his office, and for 
such additional legal assistance as may be deemed neces- 
sary in the discharge of his duties, and also for other 
necessary expenses in his department, a sum not exceed- 
ing forty-five thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 3, 1909. 



Chap. 30 An Act making appropkiations fob the salaries and 

EXPENSES OF THE HARBOR AND LAND COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day 
of November, nineteen hundred and nine, to vv^it : — 

For the salaries of the harbor and land commissioners, 
eighty-seven hundred dollars. 

For the compensation and expenses of the engineers 
employed by, and for clerical and other assistance to, 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, including the printing and binding of their 
annual report, a sum not exceeding two thousand dollars. 

For printing to^vn boundary atlases, a sum not exceed- 
ing twenty-five hundred dollars. 

For surveys of harbors, and for improving and pre- 
serving the same, and for repairing damages occasioned 
by storms along the coast line or river banks of the com- 
monwealth, a sum not exceeding four thousand dollars. 

For the 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 3, 1909. 



Appropria- 
tions. 



Harbor and 
land com- 
missioners. 

Engineers, 
clerical assist- 
ance, etc. 



Travelling 
expenses. 



Office 
expenses, etc. 



Town bound- 
ary atlases. 

Surveys, etc., 
of harbors, 
etc. 



Removal of 
wrecks, etc. 



tions. 



Acts, 1909. — Chaps. 31, 32. 23 



An Act making appropriations for the salaries and Chap. 31 

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 JSTovember, nineteen 
hundred and nine, to wit : — 

For the salaries of the commissioners, eleven thousand ^lectTr/iight 

dollars commission- 

ers. 

For clerical assistance to the commissioners, a sum not clerical 

J* n J. I. J 1 n assistance. 

exceeding rive thousand dollars. 

For statistics, books and stationery, and for other neces- Expenses. 
sary expenses of the commissioners, a sum not exceeding 
three thousand dollars. 

For the inspection of electric meters, a sum not exceed- inspection of 

^ - ' electric meters. 

mg one thousand dollars. 

For the salary of the present gas inspector, twenty-eight Gas inspector. 
hundred dollars. 

For the salary of the present first assistant inspector, First assistant. 
eighteen hundred dollars. 

For the salarv of the present second assistant inspector. Second 

f, i,^ ■, ■, i" 1 11 assistant. 

E.iteen hundred dollars. 

For the compensation of deputies, travelling expenses, Deputies, etc. 
apparatus, office rent and other incidental expenses, a sum 
not exceeding eight thousand dollars. 

For printing and binding the annual report of the com- Annual report, 
missioners, a sum not exceeding sixteen hundred dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 3, 1909. 

An Act making appropriations for salaries and ex- (JJid^^ 32 

PENSES in the department OF THE BANK COMMIS- 



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 common- 
wealth from the ordinary revenue, for the department of 
the bank commissioner, for the fiscal year ending on the 
thirtieth day of ISTovember, nineteen hundred and nine, 
to wit : — 



24: 



Acts, 1909. — Chaps. 33, 34 



Bank com- 
missioner. 



Deputy. 



Examiners, 
etc. 



Expenses. 



Annual 
port. 



For the salary of the commissioner, the sum of five 
thousand dollars. 

For the salary of the deputy commissioner, the sum of 
three thousand dollars. 

For the salaries of examiners, clerks, experts and other 
assistants, a sum not exceeding twenty-five thousand three 
hundred dollars. 

For printing, stationery, office supplies, travelling and 
other expenses, a sum not exceeding seventy-six hundred 
and seventy-five dollars. 

For printing and binding the annual report, a sum not 
exceeding forty-seven hundred dollars. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 3, 1909. 



1905, 263, § 2, 
amended. 



Clicip. 33 An Act to authorize the supreme judicial court for 

ANY county to ORDER THE REMOVAL OF CERTAIN 
ACTIONS TO THE SUPERIOR COURT FOR THE SAME 
COUNTY. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and 
sixty-three of the acts of the year nineteen hundred and 
five is hereby amended by adding at the end thereof the 
following: — provided, however, that the supreme judicial 
court for any county may, for cause shown, order the 
removal for trial to the superior court for the same county 
of any action of contract or replevin pending in the su- 
preme judicial court, — so as to read as follows : — Sec- 
tion 2. This act shall not affect any pending proceeding: 
provided, however, that the supreme judicial court for any 
county may, for cause shown, order the removal for trial 
to the superior court for the same county of any action of 
contract or replevin pending in the supreme judicial court. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 5, 1909. 



Pending pro- 
ceedings not 
affected. 



Chap. 34: An Act making an appropriation for maintaining 

THE PRISON CAMP AND HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding forty-one thousand 
dollars is hereby appropriated, to be paid out of the treas- 
ury of the commonwealth from the ordinary revenue, for 



camp 
and hospital. 



Acts, 1909. — Chap. 35. 25 

salaries and expenses at the prison camp and hospital for 
the fiscal year ending on the thirtieth day of jSTovember, 
nineteen hundred and nine. 

Section 2. This act shall take effect upon its passage. 
Approved February 5, 1909. 

An Act making appbopeiations fob salaeies and ex- njjfjj. Qr 

PENSES in the office OF THE PBISON COMMISSIONERS, ^' 

AND FOR SUNDRY REFORMATORY 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 common- *'°°®- 
wealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day 
of jSTovember, nineteen hundred and nine, to wit : — 

For the salary of the chairman of the prison commis- Prison com- 
sioners, four thousand dollars. diafrmaT' 

For the salary of the secretary of the prison commis- secretary, 
sioners, twenty-five hundred dollars. 

For clerical assistance in the office of the prison com- clerical 
missioners, a sum not exceeding forty-eight hundred ^^*'®t*°'=«- 
dollars. 

For the salaries of the agents of the prison commis- Agents, 
sioners, fifty-two hundred dollars. 

For travelling expenses of the prison commissioners and Jxpense's.^ 
of the secretary and agents of said commissioners, a sum 
not exceeding three thousand dollars. 

For incidental and contingent expenses of the prison Expenses, 
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 Agent for 
prisoners, one thousand dollars. cha"g«f Temaie 

For the expenses of the agent for aiding discharged p^^oners. 

. '^ .,,. ~. V, .° Expenses. 

female prisoners, including assistance to said prisoners, 
a sum not exceeding three thousand dollars. 

For aiding prisoners discharged from the Massachusetts Aiding pris- 

reformatory, a sum not exceeding five thousand dollars. charged'Trom 

For aiding prisoners discharged from the state prison, ^[j™^*°go'j,. 

a sum not exceeding three thousand dollars. ers discharged 

_, . "^ , . . . , T from state 

x'or expenses incurred in removing prisoners to and prison, 
from state and county prisons, a sum not exceeding Jfi^neri"^ 
twentv-one hundred dollars. 



26 



Acts, 1909. — Chap. 36. 



of crlmiifais'^ "^^^ expenses in connection with the identification of 
criminals, a sum not exceeding nineteen hundred dollars. 
Section 2. This act shall take effect upon its passage. 
Approved February 5, 1909. 



Appropria- 
tions. 



Railroad com- 
missioners. 



Chap. 36 An Act making appropriations tor the salaries and 

EXPENSES OF THE RAILROAD COMMISSIONERS. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the Railroad Commissioners' 
Fund, for the salaries and exj^enses of the railroad com- 
missioners, for the fiscal year ending on the thirtieth day 
of JSTovember, nineteen hundred and nine, to wit : — 

For the salaries of the commissioners, sixteen thousand 
dollars. 

For the salary of the clerk of the commissioners, three 
thousand dollars. 

For the salary of the assistant clerk of the commis- 
sioners, eighteen hundred dollars. 

For such additional clerical assistance as the commis- 
sioners may deem necessary for the proper despatch of 
public business, a sum not exceeding twenty-two hundred 
dollars. 

For the salary of the accountant of the commissioners, 
twenty-five hundred dollars. 



Assistant 
clerli. 



Clerical 
assistance. 



Accountant. 



Railroad in- 
spectors. 



Experts, etc. 



Rent, messen- 
ger, etc. 



Stationery, 
etc. 



Stenographers, 
etc. 

Annual re- 
port. 

Taking evi- 
dence at 
inquests, etc. 



For the salaries and expenses of the railroad inspectors, 
a sum not exceeding seventeen thousand dollars. 

For the compensation of experts or other agents of the 
commissioners, a sum not exceeding eight thousand dollars. 

For rent, care of office and salary of a messenger for 
the commissioners, a sum not exceeding six thousand 
dollars. 

For books, maps, statistics, stationery, incidental and 
contingent expenses of the commissioners, a sum not ex- 
ceeding forty-five hundred dollars. 

For stenographers and stenographic reports, a sum not 
exceeding twenty-four hundred dollars. 

For printing and binding the annual report of the com- 
missioners, a sum not exceeding fifty-five hundred dollars. 

For taking evidence given at inquests in the case of 
death by accident occurring upon railroads and street 
railways, a sum not exceeding three thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 5, 1909. 



Acts, 1909. — Chaps. 37, 38. 27 



An Act making appropeiations for salaries and ex- (JJiaii 37 

PENSES in the state LIBRARY. 

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 common- 
wealth from the ordinary revenue, for the state library, for 
the fiscal year ending on the thirtieth day of iSTovember, 
nineteen hundred and nine, to wit : — 

For the salary of the librarian, three thousand dollars, state 
For the purchase of books, eighty-five hundred dollars. Purchase of 
For such clerical assistance as may be necessary, a sum ^"""f^", 

T • c 1 1 1 1 11 " Clerical 

not exceeding sixty-iour hundred dollars. assistance. 

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

For contine;ent expenses, to be expended under the di- Contingent 

J- ^ ^ IT! . T expenses. 

rection oi the trustees and librarian, a sum not exceeding 
two thousand dollars. 

For printing and binding the annual report of the Annual re- 
librarian, a sum not exceeding eight hundred dollars. 

Section 2. This act shall take efPect upon its passage. 
Approved February 5, 1909. 



An Act making an appropriation for the payment Chap. 38 

OF PREMIUMS ON SECURITIES PURCHASED FOR THE 
MASSACHUSETTS SCHOOL FUND. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding ten thousand dollars Premiums 
is hereby appropriated, to be paid out of the treasury of purchilled'^^ 
the commonwealth from the ordinary revenue, for the pay- Massachusetts 
ment by the treasurer and receiver general of premiums School Fund, 
on securities purchased for the Massachusetts School Fund, 
as provided for by section three of chapter forty-one of 
the Revised Laws. 

Section 2. This act shall take effect upon its j^assage. 
Approved February 5, 1909. 



28 



Acts, 1909. — Chaps. 39, 40. 



Quartermaster 
general. 



Superintendent 
of armories. 



Chap. 39 An Act making appropeiations for salaries and ex- 
penses IN THE DEPARTMENT OF THE QUARTERMASTER 
GENERAL OF THE MILITIA, AND FOR SUNDRY ARMORY 
EXPENSES. 

Be it enacted, etc., as follows: 

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

priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and nine, to wit :^ — 

For the salary of the superintendent of armories, eight- 
een hundred dollars. 

For the salaries of the clerks in the quartermaster gen- 
eral's department, seventy-four hundred dollars. 

For incidental and contingent expenses in the quarter- 
master general's department, a sum not exceeding six 
thousand dollars. 

For quartermasters' supplies, a sum not exceeding 
twelve thousand dollars. 

For maintenance of armories of the first class, a sum not 
exceeding ninety-five thousand dollars. 

For the salaries of armorers of the first class, a sum not 
exceeding thirty-two thousand dollars. 

For rent and maintenance of armories of the second 
class, a sum not exceeding twelve thousand three hundred 
dollars. 

For rent and maintenance of armories of the third class, 
a sum not exceeding thirteen thousand seven hundred 
dollars. 

For care and maintenance of the camp ground and 
buildings of the commonwealth at Framingham, a sum not 
exceeding four thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 5, 1909. 



Expenses. 



Quartermas- 
ters' supplies, 



Armories of 
the first class. 



Armorers, 
salaries. 



Armories of 
the second 
class. 



Armories of 
the third class. 



Care, etc., of 
camp ground, 
etc. 



Chap. 40 An Act making appropriations for salaries and ex- 
penses in the department of the surgeon general 
of the militia. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the common- 



Appropria- 
tions. 






Acts, 1909. — Chap. 41. 29 

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

For the salary of the surgeon general, twelve hundred fenlraL 
dollars. 

For medical supplies for the use of the volunteer militia. Medical 
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-five hundred 
dollars. 

For expenses in connection with the examination of of'TeTrSfts."'^ 
recruits for the militia, a sum not exceeding twenty-six 
hundred dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 5, 1909. 

An Act making appropriations for continuing the Chap. 41 

PUBLICATION OF THE PROVINCE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropm- 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the purpose of com- 
pleting the preparation and publication of the acts and 
resolves of the province of Massachusetts Bay, during the 
fiscal year ending on the thirtieth day of ISTovember, nine- 
teen hundred and nine, to wit : — 

For the salary of the editor, the sum of two thousand EwJ.'edltor. 
dollars. 

For the salary of the chief clerk, fifteen hundred chief clerk, 
dollars. 

For clerical service and a messenger, a sum not exceed- clerical 

service, etc. 

iiig thirty-four hundred dollars. 

For stationery, postage, travelling and other expenses Expenses. 
in connection with the preparation and publication of the 
province laws, a sum not exceeding two hundred dollars. 

For printing and binding such volumes as may be com- Printing and 

1,1 1. r> ^ T 1 1 Ti binding. 

pleted, a sum not exceeding twenty-five hundred dollars, 
the same to be in addition to any amount heretofore appro- 
priated for this purpose. 

Section 2. This act shall take effect upon its passage. 
Approved February 5, 1909. 



30 



Acts, 1909. 



Chaps. 42, 43. 



Cliaj). 42 An Act making appkopeiations for the salaries and 

EXPENSES OF THE BOARD OF REGISTRATION IN DENTISTRY. 

Be it enacted, etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the salaries and 
expenses of the board of registration in dentistry, for the 
fiscal year ending on the thirtieth day of !N"ovember, nine- 
teen hundred and nine, to wit : — 

For the salaries of the members of the board, seventeen 
hundred dollars. 

For clerical services, postage, printing, travelling and 
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 February 5, 1909. 



Appropria- 
tions. 



Board of regis- 
tration in 
dentistry. 

Clerical 
services, etc. 



Chap. 43 



Board of regis- 
tration in 
pharmacy. 

Travelling 
expenses, etc. 



Agent. 



Stenographer, 
etc. 



An Act making appropriations for the salaries and 

EXPENSES of the BOARD OF REGISTRATION IN PHARMACY. 

Be it enacted, etc., as folloius: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the salaries and 
expenses of the board of registration in pharmacy, for the 
fiscal year ending on the thirtieth day of November, nine- 
teen hundred and nine, to wit : — 

For the salaries of the members of the board, thirty-one 
hundred dollars. 

For travelling and other expenses of the members of 
the board, a sum not exceeding seventeen hundred and 
twenty-five dollars. 

For the salary and expenses of the agent of the board, a 
sum not exceeding twenty-four hundred dollars. 

For a stenographer, witness fees and incidental and con- 
tingent expenses of the board, the same to include the 
printing of the annual report, a sum not exceeding seven- 
teen hundred dollars. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 5, 1909. 



i 



Acts, 1909. — Chaps. U, 45, 4G. 31 



An Act making an appropriation fob the publica- QJiq^^ aa 
tion of a record of massachusetts soldiers and 

sailors who served in the war OF THE REBELLION. 

Be it enacted, etc., as follows: 

Section 1. The sum of twelve thousand dollars is Publication 
hereby appropriated, to be paid out of the treasury of the soidleraand 
commonwealth from the ordinary revenue, for expenses ®^'°''®- 
in connection with the publication of a record of Massa- 
chusetts troops and officers, sailors and marines, in the war 
of the rebellion, for the fiscal year ending on the thirtieth 
day of November, nineteen hundred and nine. 

Section 2. This act shall take effect upon its passage. 
Approved February 5, 1909. 

An Act making appropriations for the salaries and QJidj)^ 45 
expenses of the board of registration in veteri- 
nary medicine. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the salaries and 
expenses of the board of registration in veterinary medi- 
cine, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and nine, to wit : — 

For the salaries of the members of the board, a sum not Board of regis- 
exceeding six hundred dollars. veterinary 

For travelling and other expenses of the members of the Expenses, 
board, a sum not exceeding six hundred and fifty dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 5, 1909. 

An Act making appropriations for the salaries and fj]in^-, AQ 
expenses of the board of registration in medicine. ■ 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the common- *'°°^" 
wealth from the ordinary revenue, for the salaries and 
expenses of the board of registration in medicine, for the 
fiscal year ending on the thirtieth day of N'ovember, nine- 
teen hundred and nine, to wit : — 



82 



Acts, 1909. — Chap. 47. 



Board of reg- 
istration in 
medicine. 

Travelling ex- 
penses, etc. 



Expenses. 



For the salaries of the members of the board, forty- 
three hundred dollars. 

For travelling and other expenses of the board, a sum 
noi exceeding six hundred dollars. 

For the clerk of the board, the sum of eight hundred 
dollars. 

For printing, postage, office supplies and contingent 
expenses of the board, to include the printing of the annual 
report, a sum not exceeding ten hundred and fifty dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 5, 1909. 



1906, 463, § 23, 
Part I, etc., 
amended. 



Alteration of 
crossings. 



Chap. 47 An Act fuether to define the duties of county com- 
missioners IN THE alteration OF CROSSINGS. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-three of Part I of chapter 
four hundred and sixty-three of the acts of the year nine- 
teen hundred and six, as amended by section one of chap- 
ter five hundred and forty-two of the acts of the year 
nineteen hundred and eight, is hereby further amended 
by inserting after the word " situated ", in the twelfth 
line, the words : — in whole or in part, — so as to read as 
follows : — Section 23. If a public way and a railroad 
cross each other, and the board of aldermen of the city 
or the selectmen of the town in which the crossing is situ- 
ated, or the directors of the railroad corporation, or the 
directors of a street railway company having tracks on the 
said way are of opinion that it is necessary for the security 
or convenience of the public that an alteration which does 
not involve the abolition of a crossing at grade should be 
made in the crossing, the approaches thereto, the location 
of the railroad or way, or in a bridge at the crossing, they 
shall apply to the county commissioners, or, if the crossing 
•is situated, in whole or in part, in the city of Boston, to 
the board of railroad commissioners, who shall, after pub- 
lic notice, hear all parties interested, and, if they decide 
that such alteration is necessary, shall prescribe the man- 
ner and limits within which it shall be made, and shall 
forthwith certify their decision to the parties and to said 
board. This proceeding may include any case where there 
is need of the rebuilding of a highway bridge or any 
structural change or renewal for the purpose of strengthen- 



nue crossing, 



Acts, 1909. — Chap. 48. 33 

ing or impro\'ing it. In case anv street railway company 
is anthorized to lay and use tracks upon the said way, the 
said company shall bear such part of the expense of build- 
ing, rebuilding, changing, renewing, repairing or im- 
proving a bridge forming a part of said way, or of 
altering or improving the approaches thereto, as shall be 
deemed to be just by the commission provided for in sec- 
tions twenty-five and twenty-six. 

Section 2. The board of railroad commissioners shall Rebuilding of 

... bridKe, etc., at 

have lurisdiction of the petition heretofore filed with said the Mystic ave- 

board for the alteration and rebuilding of the bridge at etc, 

the crossing of Mystic avenue over tracks of the Boston 

and Albany Railroad Company and the Boston and Maine 

Railroad, therein described as within the city of Boston, 

notwithstanding the fact that said crossing and said bridge 

and its abutments and approaches may be located partly 

in the city of Boston and partly in the city of Somerville, 

as if section one of this act had been in force at the date 

of said petition. 

Section 3, This act shall take eifect upon its passage. 
Approved Fehruary 0, 1909. 



Ax Act to authorize the election of commissioners nhQjy AQ 

OF public works in the town of HUDSON. ' 

Be it enacted, etc., as follows: 

Section 1, Upon the acceptance of this act as provided Jjfj7^°^ ^1"^; 
for hereinafter the town of Hudson shall, at a leeral meet- commissioners 

,, , , , » . of public 

mg called tor tne purpose or at an annual town meeting, works. 
elect by official ballot three persons who shall serve and be 
known as commissioners of public works, and who shall 
hold office, one until the expiration of three years, one 
until the expiration of two years and one until the expira- 
tion of one year from the annual to\vn meeting at which 
they are elected, or which follows the special meeting at 
which they are elected. Thereafter one such commissioner 
shall be elected annually at the annual town meeting, to 
serve for the term of three years therefrom, or until his 
successor is elected and qualified. Any vacancy occurring vacancy, 
in said board may be filled for the unexpired term by said 
town at any legal meeting. 

Section 2. Upon the election of said commissioners Boards of 
of public works, the boards of water commissioners, sewer mtssionere," 



34 



Acts, 1909. — Chap. 48. 



sewer commis- 
sioners, etc., to 
be abolished, 
etc. 



Powers, duties, 
etc., of com- 
missioners of 
public works. 



Same subject. 



Board of over- 
seers of the 
poor to be 
abolished, etc. 



Auditor, 
election, 
term, etc. 



commissioners and the municipal electric light board shall 
be abolished, and thereupon all the powers, rights, duties 
and liabilities of the boards of water commissioners, sewer 
commissioners and of the municipal electric light board, 
in said town shall be conferred and imposed upon the 
commissioners of public works created by this act. l^o 
contracts or liabilities, existing at the time of the said 
election, shall be affected hereby, but the board hereby 
created shall be in all respects, and for all purposes what- 
soever, the lawful successor of the water commissioners, 
sewer commissioners, municipal electric light board, and 
also of the selectmen in all matters touching the care and 
maintenance of highways, bridges, drains and sidewalks. 

Section 3. Said commissioners in matters concerning 
the care and maintenance of highways, bridges, drains and 
sidewalks shall exclusively have the powers and be sub- 
ject to the duties, liabilities and penalties of selectmen, 
which said powers, duties, liabilities and penalties shall 
be transferred from said selectmen to said commissioners 
of public works, upon the election thereof. 

Section 4. Upon the election of the said board of 
public works, all the powers, rights, duties and liabilities 
of the selectmen in said toAvn now existing or hereafter 
created by law, relating to the laying out and discontinu- 
ance of highways, town ways, bridges and sidewalks, guide 
posts, monuments at the termini and angles of roads, pub- 
lic squares, playgrounds, shade trees, sewers, drains, 
assessments of damages and betterments, gas pipes, con- 
duits, poles, wires, street railways, the granting of loca- 
tions, rights or licenses for structures upon, under or over 
highways or other ways, shall be exercised, enjoyed, per- 
formed and incurred by a board consisting of the select- 
men and the commissioners of public works created by 
this act, sitting jointly as a board of survey. 

Section 5. Upon the acceptance of this act by said 
town the board of overseers of the poor shall be abolished, 
and all the powers, rights, duties and liabilities of said 
board shall be transferred to the selectmen. 

Section 6. After the acceptance of this act, the said 
town shall, at the same meeting at which it elects the afore- 
said commissioners of public works, elect by official ballot 
a single auditor for the term of one year, and thereupon 
the board of auditors of said town shall be abolished, and 



Acts, 1909. — Chaps. 49, 50. 35 

all the rights, duties and liabilities of the board of audi- 
tors shall be conferred and imposed upon said auditor. 

Sectio^^ 7. After the acceptance of this act and upon Collection of. 
the election of said commissioners of public works, all Ught'^and*'*"'' 
water rates and electric light and power rates assessed poj^^"" rates, 
by said commissioners of public works shall be collected 
by the collector of taxes. 

Section 8. This act, except as provided in section when to take 
nine, shall take effect upon its acceptance by a majority 
vote of the voters of the town of Hudson present and vot- 
ing thereon at a legal town meeting called for the purpose 
within one year after its passage, but the number of meet- 
ings so called shall not exceed three. 

Section 9. So much of this act as authorizes its sub- 
mission as aforesaid shall take effect upon its passage. 
Approved February 10, 1909. 



effect. 



Chaj). 49 



Ax Act relative to defendants in criminal prose- 
cutions. 

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter two hundred and ^^^nlJI' ^ ^• 
nineteen of the Revised Laws is hereby amended by in- 
serting after the word " appointment ", in the second line, 
the words : — admission to practise as an attorney-at-law, 
— so as to read as follows : — Section 7. A defendant in Burden on de- 
a criminal prosecution who relies for his justificatit^n upon p^rove°iicense. 
a license, appointment, admission to practise as an attor- 
ney-at-law, or authority shall prove the same ; and, until 
he has proved it, the presumption shall be that he is not 
so authorized. ' . 

Section 2. This act shall take effect upon its passage. 
Approved February 10, 1909. 

Ax Act to provide for supplying the evening law (Jh(X7). 50 

SCHOOL OF the BOSTON YOUNG MEN's CHRISTIAN ASSO- 
CIATION WITH THE ANNUAL BLUE BOOK. 

Be it enacted, etc., as foUoics: 

The Evening Law School of the Boston Young Men's Evening Law 
Christian Association shall annually receive a copy of the Boston °Yqung 
volume provided for by section one of chapter nine of S aSoc4'- 
the Revised Laws and known as the blue book. ^°^y% l^i^f""^ 



Approved February 10, 1909. ^^''^^ 



36 



Acts, 1909. — Chaps. 51, 52. 



Chap. 51 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 common- 
wealth from the ordinary revenue, for the board of 
conciliation and arbitration, for the fiscal year ending on 
the thirtieth day of iSTovember, nineteen hundred and nine, 
to wit : — 

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

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

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

Section 2. This act shall take effect upon its passage. 
Approved February 10, 1909. 



Appropria- 
tions. 



Board of con- 
ciliation and 
arbitration. 

Secretary. 



Expenses. 



Chap. 52 An Act making appropriations for the salaries and 

EXPENSES OF THE DISTRICT POLICE. 

Be it enacted, etc., as folloirs: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day 
of November, nineteen hundred and nine, to wit : — 

For the salary of the chief of the district police, three 
thousand dollars. 

For the salary of the first clerk, fifteen hundred dollars. 

For the salary of the second clerk, one thousand dollars. 

For postage, printing, stationery, telephone, telegraph, 
incidental and contingent office expenses, including the 
printing and binding of the annual report, a sum not ex- 
ceeding nine thousand dollars. 



Appropria 
tions. 



Chief of dis- 
trict police. 

First clerk. 
Second clerk 
Expenses. 



Acts, 1909. — Chap. 52. 37 



DETECTIVE DEPARTMEJTT. 

For the salary of the deputy chief of the detective de- Deputy chief of 
partment, twenty-four hundred dollars. department. 

For the salary of the clerk of the detective department, cierk. 
twelve hundred dollars. 

For the salaries of the stenographers in the detective stenog- 
department, three thousand dollars. raphers. 

For the compensation of members of the detective de- Members.com- 
partment, a sum not exceeding twenty-two thousand eight p^'^^^*'°°- 
hundred dollars. 

For the compensation of fire inspectors of the detective Fire inspectors, 
department, ten thousand eight hundred dollars. 

For travelling expenses of the members of the detective Travelling 
department, a sum not exceeding twelve thousand dollars, ^"^p^"®®®- 

For special services and expenses of persons employed vrc^^sTet^c^.'^ 
under the direction of the deputy chief of the detective 
department in the investigation of fires, including witness 
fees, travel, contingent and incidental expenses, a sum not 
exceeding seventeen hundred and fifty dollars. 

INSPECTION DEPARTMENT. 

For the salary of the deputy chief of the inspection de- Deputy chief 
partment, twenty-four hundred dollars. department!^ 

For the salary of the chief inspector of the boiler inspec- chief inspector, 
tion department, two thousand dollars. 

For the salaries of the clerks in the inspection depart- cierks. 
ment, five thousand dollars. 

For the compensation of members of the inspection de- Members, 



partment, a sum not exceeding sixty-eight thousand five '^°™p^'^®'^ '°'^ 
hundred dollars. 

For travelling expenses of the members of the inspec- Travelling 
tion department, a sum not exceeding nineteen thousand ^^p^^^^^- 
dollars. 

For the compensation of members of the board of boiler Board of 
rules, a sum not exceeding one thousand dollars. boiler rules. 

For such necessary expenses as the board of boiler rules Expenses. 
may find necessary, a sum not exceeding twelve hundred 
and fifty dollars. 

For expenses of operating the steamer Lexington, which steamer 
is in charge of the chief of the district police and is used ^''"^*°''- 



38 



Acts, 1909. — Chap. 53. 



Moving picture 
licenses, etc. 



in the enforcement of the fish laws of the commonwealth, 
a sum not exceeding nine thousand dollars. 

For expenses in connection with maintaining in good 
working condition the apparatus for testing applicants for 
moving picture licenses and furnishing supplies to op- 
erate the same, a sum not exceeding five hundred dollars. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 10, 1909. 



Chap. 53 An Act making appeopriations for salaries and ex- 
penses IN THE JUDICIAL DEPARTMENT OF THE COM- 
MONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the salaries and 
expenses of the judicial department of the commonwealth, 
for the fiscal year ending on the thirtieth day of Novem- 
ber, nineteen hundred and nine, to wit : — 



Appropria- 
tions. 



Chief justice 
and associate 
justices, su- 
preme judicial 
court. 

Clerk. 



Clerical as- 
sistance to 
clerk. 

Clerical as- 
sistance to 
justices. 



Expenses. 



Reporter of 
decisions, etc. 



Officers and 
messenger. 

Clerk for 

Suffolk 

county. 



SUPREME JUDICIAL COURT. 

For the salaries and travelling expenses of the chief 
justice and of the six associate justices of the supreme 
judicial court, sixty thousand dollars. 

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

For clerical assistance to the clerk of the supreme 
judicial court, five hundred dollars. 

For clerical assistance to the justices of the supreme 
judicial court, a sum not exceeding twenty-five hundred 
dollars. 

For expenses of the supreme judicial court, a sum not 
exceeding two thousand dollars. 

For the salary of the reporter of decisions of the su- 
preme judicial court, four thousand dollars; and for clerk 
hire and incidental expenses of said reporter, a sum not 
exceeding forty-five hundred dollars. 

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

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



Acts, 1909. — Chap. 53. 39 

For the salary of the assistant clerk of the supreme Assistant clerk, 
judicial 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 ^^3^"^°'' '^°"''*^' 
justice and of the twenty-four associate justices of the 
superior court, one hundred and seventy-five thousand 
five hundred dollars. 

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

For printing, transportation of papers and documents, Expenses. 
and for incidental expenses of the superior court, a sum 
not exceeding four hundred dollars. 

COURTS OF PROBATE AXD INSOLVENCY. 

For the salary of the judge of probate and insolvency judge of pro- 
for the county of Barnstable, fourteen hundred dollars. solvency,'" 

For the salary of the judge of probate and insolvency Bg^^g^^^^^j*'' 
for the county of Berkshire, twenty-five hundred dollars. 

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

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

For the salaries of the two judges of probate and insol- Essex, 
vency for the county of Essex, eight thousand dollars. 

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

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

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

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

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

For the salary of the judge of probate and insolvency Norfolk.' 
for the county of Xorfolk, four thousand dollars. 

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



40 



Acts, 1909. — Chap. 53. 



Suffolk. 
Worcester. 



Retired 

judges. 



Judges acting 
in other 
counties. 



Register, 
Barnstable. 



Dukes 
County. 



Franklin. 

Hampden. 

Hampshire. 

Middlesex. 

Nantucket. 

Norfolk. 

Plymouth. 

Sufiolk. 

Worcester. 



Assistant 

register, 

Barnstable. 



For the salaries of the two judges of probate and insol- 
vency for the county of Suffolk, twelve thousand dollars. 

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

For the salaries of retired judges of probate and insol- 
vency, a sum not exceeding fifty-one hundred and fifty 
dollare. 

For the compensation of judges of jjrobate and insol- 
vency 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 the 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. 

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

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

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

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

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

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

For the salary of the register of probate and insolvency 
for the county of ISTantucket, eight hundred dollars. 

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

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

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

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

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



Acts, 1909. —Chap. 53. 41 

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

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 ^ssex. 
insolvency for the county of Essex, twenty-three hundred 
dollars. 

For the salary of the assistant register of probate and Frankim. 
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 Middlesex. 
insolvency for the county of Middlesex, five thousand 
dollars. 

For the salary of the assistant register of probate and Norfolk, 
insolvency for the county of i^orfolk, twelve hundred and 
fifty dollars. 

For the salary of the assistant register of probate and Suffolk. 
insolvency for the county of Suffolk, twenty-eight hun- 
dred dollars. 

For the salary of the second assistant register of pro- Second 
bate and insolvency for the county of Suffolk, twenty-five ter!^Suffoik^^^ 
hundred dollars. 

For the salary of the assistant register of probate and 4r!worce7tlr.' 
insolvency for the county of Worcester, one thousand 
dollars. 

For extra clerical assistance to the register of probate clerical 
and insolvency for the county of Barnstable, a sum not Blmsteble. 
exceeding four hundred thirty-thi^ee dollars and thirty- 
four cents. 

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

For extra clerical assistance to the register of probate Bristol, 
and insolvency for the county of Bristol, a sum not ex- 
ceeding two thousand sixty-six dollars and sixty-seven 
cents. 



42 



Acts, 1909. — Chap. 53. 



Dukes County. 



Hampden. 



Hampshire. 



Plymouth. 



Clerk of regis- 
ter, Suffolk. 



Expenses. 



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 seven thousand 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 
exceeding 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 Hampshire, a sum not 
exceeding six hundred dollars. 

For extra clerical assistance to the register of probate 
and insolvency for the county of Middlesex, a sum not 
exceeding 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 Xantucket, a sum not 
exceeding three hundred dollars. 

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

For extra clerical assistance to the register of probate 
and insolvency for the county of Plymouth, a sum not 
exceeding twenty-one hundred dollars. 

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

For extra clerical assistance to the register of probate 
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 
insolvency for the county of Suffolk, twelve hundred 
dollars. 

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



Acts, 1909. — Chap. 53. 43 



DISTRICT ATTORNEYS. 

For the salary of the district attorney for the Suffolk District attor- 
district, five thousand dollars. ^^^' "^ °^- 

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

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

For the salary of the third assistant district attorney Third 
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 

, . . , .' Till district. 

district, three thousand dollars. 

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 Eastern 
district, twenty-four hundred dollars. 

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 south- Southeastern 
eastern 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. 

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

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

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

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

For the salary of the district attorney for the north- Northwestern 
western district, thirteen hundred and fifty dollars. 

For travelling expenses necessarily incurred by the dis- Travelling 
triet attorneys and assistant district attorneys, except in ^''p^''^®^- 
the Suffolk district, a sum not exceeding fifteen hundred 
dollars. 



u 



Acts, 1909. — Chap. 54. 



Judge of land 
court. 



Associate 
judge. 



Retired 

judges. 



Commission on 
probation. 



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 twenty thousand dollars. 

For the salaries of retired judges of the land court, a 
sum not exceeding thirty-three hundred dollars. 

For expenses of the commission on probation, a sum not 
exceeding five thousand dollars. 



Section 2. 



This act shall take effect upon its passage. 
Approved February 15, 1909. 



Chap. 



Adjutant 
general. 

Clerks. 

Messenger. 

Clerical 
assistance. 

Expenses. 



54 An Act making appropriations for salaries and 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- 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for salaries and 
expenses in the department of the adjutant general and 
for sundry military expenses, for the fiscal year ending 
on the thirtieth day of j^ovember, nineteen hundred and 
nine, to wit : — 

For the salary of the adjutant general, thirty-six hun- 
dred dollars. 

For the salaries of the four clerks in his department, 
seven thousand dollars. 

For the salary of the messenger in his department, 
eight hundred dollars. 

For such additional clerical assistance as the adjntant 
general may find necessary, a sum not exceeding six thou- 
sand dollars. 

For incidental and contingent office expenses in his de- 
partment, including the printing and binding of the 



Acts, 1909. — Chap. 55. 45 

annual report, a sum not exceeding five thousand dol- 
lars. 

For expenses in connection with military accounts not Military 
otherwise provided for, a sum not exceeding four thousand 
dollars. 

For compensation of officers and men of the volunteer Compensation 
militia, a sum not exceedinc; one hundred and sixty thou- men of the 

1 1 11 ^ militia. 

sand dollars. 

For the transportation of officers and men of the volun- xransporta- 
teer militia, when on military duty, a sum not exceeding 
twenty-five thousand dollars. 

For an allowance to commissioned officers of the militia Purchase of 
toward the purchase of uniforms, a sum not exceeding 
eighteen thousand one hundred and sixty-five dollars. 

For allowance to ofticers of the militia for the care of pfopefty.' °^ 
and responsibility for property, a sum not exceeding six 
(liousand and fifty dollars. 

For allowance and repairs of clothing of the volunteer Repair of 
militia, a sum not exceeding thirteen thousand three hun- ^° '"^' 
dred and twenty-four dollars. 

For allowance to headquarters and companies, a sum not Allowance to 
exceeding thirty-eight hundred dollars. etc. 

For services of company armorers, a sum not exceeding Company 
twelve thousand three hundred and seventy-five dollars. armorers. 

For giving instruction in riding to non-commissioned Hdh[g.''"°° '"^ 
officers and others who are required by law to be mounted, 
a sum not exceeding fifty-three hundred and twenty dol- 
lars. 

For furnishing the officers and men of the organized fn^i^^^tary 
militia with uniform instruction in military authority, authority, etc. 
organization and administration, and in the elements of 
military art, a sum not exceeding four thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 15, 1909. 



Chap. 55 



Ax Act making appropriations for salaries and ex- 
penses IN THE OFFICE OF THE STATE BOARD OF IN- 
SANITY. 

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 common- 
wealth from the ordinary revenue, for the state board of 



46 



Acts, 1909. — Chap. 56. 



State board 
of insanity, 
expenses. 



Officers and 
employees. 

Transporta- 
tion, etc., of 
state paupers. 



Support of 
certain insane 
paupers. 



Support of 
certain state 
paupers. 



insanity, for tlie fiscal year ending on the thirtieth day of 
N^ovember, nineteen hundred and nine, to wit : — 

For travelling, office and contingent expenses, including 
the printing and binding of the annual report of the board, 
a sum not exceeding seven thousand dollars. 

For salaries and wages of officers and employees, a sum 
not exceeding twenty-nine thousand three hundred dollars. 

For transportation and medical examination of state 
paupers under the charge of the board, for the present 
year and for previous j^ears, a sum not exceeding eleven 
thousand five hundred dollars. 

For the support of insane paupers boarded out in fami- 
lies, under the charge of the board or temporarily absent 
under authority of the same, for the present year and for 
previous years, a sum not exceeding thirty-eight thousand 
dollars. 

For the support of state paupers in the Hospital Cot- 
tages for Children, a sum not exceeding twelve thousand 
dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 15, 1909. 



Chap. 56 An Act making appropriations for salaries and ex- 
penses IN THE office OF THE STATE BOARD OF AGRI- 
CULTURE, AND FOR SUNDRY AGRICULTURAL EXPENSES. 

Be it enacted, etc., as follows: 
Appropria- Section 1. The suius hereinafter mentioned are appro- 

priated, to be paid out oi the treasury ol the common- 
wealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day 
of jSTovember, nineteen hundred and nine, to wit : — 

For the salary of the secretary of the state board of 
agriculture and executive officer of the state dairy bureau, 
three thousand dollars. 

For the salary of the first clerk of the secretary of the 
said board, eighteen hundred dollars. 

For the salary of the second clerk of the secretary of the 
board, fourteen hundred dollars. 

For travelling and other necessary expenses of the secre- 
tary of the board, a sum not exceeding five hundred 
dollars. 



Secretary of 
state board of 
agriculture, 
etc. 

First clerk. 
Second clerk. 



Expenses, etc 
of secretary. 



Acts, 1909. — Chap. 56. 47 

For other clerical assistance in the office of the secre- clerical 
tarv of the board, and for lectures before the board at its 
annual and other meetings, a sum not exceeding seven 
hundred dollars. 

For printing and binding the annual report of the board, ^po^f/ 
a sum not exceeding six thousand dollars. 

For incidental and contingent expenses of the board, to incidental 

, , , . . 1 /• • 1 • x^ j_ j_ £ J expenses, etc. 

include the printing and lurnisnmg ot extracts troiii tres- 
pass laws, a sum not exceeding eleven hundred dollars. 

For travelling and other necessary expenses of the mem- Travelling, 
bers of the board, a sum not exceeding fifteen hundred ^ *"' ^^p^"*®^- 
dollars. 

For disseminating useful information in agi'iculture by Farmers' 
means of lectures at farmers' institutes, a sum not exceed- 
ing four thousand dollars. 

For bounties to agricultural societies, a sum not ex- Bounties, 
ceeding eighteen thousand six hundred dollars. 

For the salary of the general agent of the dairy bureau. Agent of dairy 
eighteen hundred dollars. 

For assistants, experts, chemists, agents and other neces- Experts, 
sary expenses of the dairy bureau, to include the printing '^'^^°^'®*='' ^*'=- 
of the annual report, a sum not exceeding eight thousand 
dollars. 

For compensation and expenses of state nursery in- Nursery 
specters, a sum not exceeding two thousand dollars. mspec ors. 

For the salary of the state ornithologist, five hundred Of'^ithoiogist. 
dollars. 

For travelling and other necessary expenses of the state Travelling 
ornithologist, a sum not exceeding five hundred dollars. 



CATTLE BUREAU. 

For the salary of the chief of the cattle bureau, eighteen chief of cattle 
hundred dollars. 

For the salary of the clerk of the chief of the cattle cierk. 
Inireau, twelve hundred dollars. 

For travelling and other necessary expenses of the chief Expenses, 
of the cattle bureau, including extra clerks and stenog- 
raphers, stationery, and the printing and binding of the 
annual report, a sum not exceeding four thousand dollars. 

For compensation of inspectors of animals, a sum not ^^im*a''is°'^^ °^ 
exceeding sixty-five hundred dollars. 



48 



Acts, 1909. — Chap. 57. 



State forester. 



Clerical 
assistance, etc. 



Purchase of 
land. 



STATE FORESTER. 

For the salary of the state forester, three thousand 
dollars. 

For clerical assistance to and incidental and contingent 
expenses of the state forester, a sum not exceeding ten 
thousand dollars. 

For the purchase of land by the state forester for re- 
forestation, a sum not exceeding ten thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 15, 1909. 



Chap. 57 An Act MAKiNCf appropriations for salaries and ex- 
penses IN THE OFFICE OF THE STATE BOARD OF EDU- 
CATION, AND FOR SUNDRY EDUCATIONAL EXPENSES. 

Be it enacted, etc., as follows: 
Appjopria- Section 1. The sums hereinafter mentioned are appro- 

priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for salaries and 
expenses in the office of the state board of education, and 
for sundry educational expenses, for the fiscal year ending 
on the thirtieth day of November, nineteen hundred and 
nine, to wit : — 

For the salaries of the secretary and agents of and for 
clerical assistance to the board, a sum not exceeding seven- 
teen thousand four hundred and twenty dollars. 

For the incidental expenses of the board and the travel- 
ling and other necessary expenses of the members thereof, 
incurred in the performance of their official duties, a sum 
not exceeding twenty-six hundred dollars. 

For printing and binding the annual report of the said 
board, a sum not exceeding three thousand dollars. 

For travelling expenses of employees under the direc- 
tion of the said board, a sum not exceeding seventeen 
hundred dollars. 



Secretary and 
agents of state 
board of 
education. 

Expenses. 



Annual report. 



Expenses of 
employees. 



SUPPORT OF STATE NORMAL SCHOOLS. 

State normal YoY the support of the statc normal school at Bridge- 

Bridgewater. water, a sum not exceeding fifty-two thousand nine hun- 
dred and ninety-one dollars. 



Acts, 1909. — Chap. 57. 49 

For the support of the state normal school at Fitchburg, Fitchburg. 

sum not exci 
eighty dollars. 

For the support of the state normal school at Framing- Framingham. 
ham, a sum not exceeding thirty-nine thousand eight hun- 
dred and forty-three dollars. 

For the support of the state normal school at Hyannis, Hyannis. 
a sum not exceeding twenty-four thousand dollars. 

For the support of the state normal school at Lowell, Lowell, 
a sum not exceeding thirty-three thousand three hundred 
and sixty-five dollars. 

For the support of the state normal school at Xorth North Adams. 
Adams, a sum not exceeding thirty-two thousand seven 
hundred and eight dollars. 

For the support of the state normal school at Salem, a Saiem. 
sum not exceeding forty-one thousand one hundred and 
fifty dollars. 

For the support of the state normal school at Westfield, Westfieid. 
a sum not exceeding thirty-two thousand four hundred and 
ten dollars. 

For the support of the state normal school at Worcester, Worcester. 
a sum not exceeding twenty-seven thousand and fifty-five 
dollars. 

For the support of the state normal art school, a sum not state normal 
exceeding thirty-four thousand five hundred and seventeen 
dollars. 

For aid to pupils in state normal schools, a sum not ex- Aid to pupils, 
ceeding four thousand dollars, payable in semi-annual in- 
stalments, to be expended under the direction of the state 
board of education. 

For expenses of teachers' institutes, a sum not exceeding Teachers' 
two thousand dollars. 

For the Massachusetts Teachers' Association, the sum of Massachusetts 

Teachers 

three hundred dollars, subject to the approval of the state Association. 
board of education. 

For expenses of coimty teachers' associations, a sum not County _ 
exceeding seven hundred dollars. associations. 

To enable small towns to provide themselves with school School superin- 

, ^ , . . ^ , , tendents, etc. 

superintendents, a sum not exceeding ninety-five thousand 
dollars. 

For the education of deaf pupils of the commonwealth Education of 
in the schools designated by law, for the present year and '^^^^ pup-'s- 



50 



Acts, 1909. — Chap. 5S. 



School blanks. 



Perkins In- 
stitution and 
Massachusetts 
School for 
the Blind. 



Tuition, etc., 
of certain 
children in 
high schools. 



Instruction of 
adult blind at 
their homes. 



Rules for 
testing sight 
and hearing 
of pupils. 



for previous years, a sum not exceeding ninety-eight thou- 
sand dollars. 

For school registers and other school blanks for the cities 
and towns of the commonwealth, a sum not exceeding 
twelve himdred dollars. 

For the Perkins Institution and Massachusetts School 
for the Blind, as provided for by chapter nineteen of the 
resolves of the year eighteen hundred and sixty-nine, the 
sum of thirty thousand dollars. 

For the payment of tuition of children in high schools 
outside of the town in which they live, in so far as such 
payment is provided for by section three of chapter forty- 
two of the Eevised Laws, as amended by cha]")ter four 
hundred and thirty-three of the acts of the year nineteen 
hundred and two, for the present year and for previous 
years, a sum not exceeding fifty-eight thousand dollars. 
And there may also be paid from this amount such sum as 
may be necessary to furnish or provide transportation to 
and from school for such children of school age as may be 
living upon islands within the commonwealth which are 
not provided with schools. 

To provide for the instruction of the adult blind at their 
homes by the Perkins Institution and Massachusetts School 
for the I31ind, the sum of five thousand dollars. 

For expenses in connection with furnishing school com- 
mittees with rules for testing the sight and hearing of 
pupils in the schools of the commonwealth, a sum not 
exceeding eight hundred dollars. 

Sectiox 2. This act shall take effect upon its passage. 
Approved Fehruary 15, 1909. 



Chap. 



Appropria- 
tions. 



Chief of bureau 
of stati-stics 
of labor. 



Ax Act makixg appkopeiatioxs foe sai.aeies axd ex- 

PEXSES IX THE BUEEAU OF STATISTICS OF LABOE. 

Be it enacted, etc., as follows: 

Sectiox 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for salaries and expenses in 
the bureau of statistics of labor, for the fiscal year ending 
on the thirtieth day of Xovember, nineteen hundred and 
nine, to wit : — 

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

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



Acts, 1909. — Chap. 59. 51 

For the salary of the second clerk, sixteen hundred and ^^''°"'^ '''"^• 
fiftv dollars. 

For the salaries of the two special agents, the sum of ^p^^^' ^^s^"*^- 
twenty-four hundred dollars. 

For such additional clerical assistance as may be neces- clerical 
sary, a sum not exceeding thirty-four thousand six hun- 
dred dollars. 

For necessary contingent and office expenses, including Expenses, 
the printing and binding of the annual reports, and travel- 
ling and other expenses in connection with the annual col- 
lection of statistics of manufactures, also such expenses as 
may be necessary in connection ^nth the making of annual 
returns by cities and towns, a sum not exceeding fifteen 
thousand nine hundred and twenty dollars. 

For expenses in connection with taking a special census Special census. 
in towns having an increased resident population during 
the summer months, a sum not exceeding one thousand 
dollars. 

For expenses in connection with the establishment and me^nt^aEces^' 
maintenance of free employment offices, a sum not exceed- 
ing twenty-one thousand dollars. 

Sectiox 2. This act shall take effect upon its passage. 
Approved Fehruary 15, 1909. 



Ax Act MAKI^-G appeopeiatioxs foe salaeies axd ex- QJian. 59 

PEXSES IN THE DEPAETMEXT OF THE COMMISSIOXEE OF 
WEIGHTS AXD MEASUEES. 

Be it enacted, etc., as foUoics: 

Sectiox 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for salaries and expenses in 
the department of the commissioner of weights and meas- 
ures, for the fiscal year ending on the thirtieth day of 
Xovember, nineteen hundred and nine, to wit : — 

For the salary of the commissioner, two thousand dollars. Commissioner 

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

For clerical services, travelling and other necessary Expenses, 
contingent office expenses, a sum not exceeding sixty-nine 
hundred and eighty dollars. 

Sectiox 2. This act shall take effect upon its passage. 
Approved February 15, 1909. 



52 



Acts, 1909. — Chaps. 60, 61. 



Chap. 60 An Act relative to the display of the national and 

STATE FLAGS ON STATE BUILDINGS. 

Be it enacted, etc., as follows: 

The flag of the United States and the flag of the com- 
monwealth shall be displayed on the main or adminis- 
tration building of each of the public institutions of the 
commonwealth. The flags shall be of suitable dimensions 
and shall be flown every day when the weather permits. 
The cost of such flags and of the necessary means for 
their display shall be paid from the appropriations for the 
several institutions. Approved February 15, 1909. 



National and 
state flags to 
be displayed on 
state buildings. 



Chap, 61 An Act making appropriations for salaries and 
expenses in the office of the state board of 
health. 

Be it enacted, etc., as follows: 

tions.°^"'*' Section 1. The sums hereinafter mentioned are ap- 

propriated, to be paid out of the treasury of the com- 
monwealth from the ordinary revenue, for salaries and 
expenses in the office of the state board of health, for the 
fiscal year ending on the thirtieth day of Is'ovember, nine- 
teen hundred and nine, to wit : — 

For the salary of the secretary of the state board of 
health, five thousand dollars. 

For the general work of the said board, including all 
necessary travelling expenses, a sum not exceeding twenty 
thousand dollars. 

For salaries and expenses in connection with the in- 
spection of milk, food and drugs, a sum not exceeding 
fourteen thousand five hundred dollars. 

For expenses in connection with the examination of 
sewer outlets, a sum not exceeding twelve thousand 
dollars. 

For expenses in connection with the production and dis- 
tribution of antitoxin and vaccine lymph, a sum not ex- 
ceeding twenty thousand dollars. 

For printing and binding the annual report, a sum not 
exceeding three thousand dollars. 

For services of engineers, chemists, biologists and other 
assistants, and for other expenses made necessary in pro- 



Secretary of 
state board of 
health. 

Expenses. 



Inspection of 
milk, food and 
drugs. 



Examination 
of sewer out- 
lets. 



Distribution, 
etc., of anti- 
toxin and vac- 
cine lymph. 

Annual report. 



Engineers, 
chemists, etc. 



Acts, 1909. — Chaps. 62, 63. 53 

tecting the purity of inland waters, a sum not exceeding 
thirty-six thousand dollars. 

For salaries of the inspectors of health, a sum not ex- inspectors of 
ceeding twenty-five thousand dollars. 

For expenses necessary in carrying out the provisions Health 
of the act to provide for the establishment of health dis- 
tricts, a sum not exceeding five thousand dollars. 

Section 2. This act shall take effect upon its passage. 
A Improved February 15, 1909. 



Ax Act making an appropriation for the mainte- QJiap. 62 

NANCE OF THE STATE FARM. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding two hundred and 
ninety-four thousand dollars is hereby appropriated, to 
be paid out of the treasury of the commonwealth from the 
ordinary revenue, for the maintenance of the state farm 
during the fiscal year ending on the thirtieth day of N"o- 
vember, nineteen hundred and nine. 

Section 2. This act shall take effect upon its passage. 
Approved February 15, 1909. 



State farm. 



An Act making appropriations for salaries and ex- 
penses IN THE OFFICE OF THE INSURANCE COMMIS- 



Chap. 63 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Appropria- 
propriated, to be paid out of the treasury of the com- *'°''^" 
monwealth from the ordinary revenue, for the insurance 
department, for the fiscal year ending on the thirtieth day 
of Xovember, nineteen hundred and nine, to wit : — 

For the salary of the insurance commissioner, five insurance 

.1 Tin ^ commissioner 

thousand dollars. 

For the salary of the deputy insurance commissioner. Deputy, 
thirty-five hundred dollars. 

For the salary of the examiner, three thousand dollars. Examiner. 

For the salary of the actuary, two thousand dollars. Actuary. 

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

For the salary of the second clerk, fifteen hundred Second clerk, 
dollars. 



54: 



Acts, 1909. — Chap. 64. 



Additional 
clerks, etc. 



Expenses. 



Annual report. 



For the salary of the third clerk, twelve hundred dollars. 

For such additional clerks and assistants as the insur- 
ance commissioner may find necessary for the proper 
despatch of public business, a sum not exceeding thirty- 
seven thousand five hundred dollars. 

For incidental and contingent expenses of the insurance 
commissioner, a sum not exceeding eleven thousand dollars. 

For i^rinting and binding the annual report of the in- 
surance commissioner, a sum not exceeding fifty-eight 
hundred dollars. 

Section 2. This act shall take effect upon its passage. 
Approved Februwry 15, 1909. 



Chap. 64 An Act making appropriations for the compensation 

AND EXPENSES OF THE COMMISSIONERS ON FISHERIES 
AND GAME. 

Be it enacted, etc., as follows: 

UoM.°^"^' . Section 1. The sums hereinafter mentioned are ap- 

propriated, to be paid out of the treasury of the com- 
monwealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day 
of jSTovember, nineteen hundred and nine, to wit : — 
For compensation of the commissioners on fisheries and 



Commissioners 
on fisheries and 
game. 



Expenses. 



Clerical 

services. 



Enforcement 
of laws, prop- 
agation of fish, 

etc. 



Stocking great 
ponds. 



Stocking 
brooks. 



game, a sum not exceeding fifty-six hundred and thirty 
dollars. 

For travelling and other necessary expenses of the com- 
missioners, including the printing and binding of the 
annual report, a sum not exceeding four thousand and 
seventy-five dollars. 

For clerical services in the office of the commissioners, 
a sum not exceeding twenty-three hundred and twenty-five 
dollars. 

For the enforcement of the laws relating to fisheries and 
game, for the propagation and distribution of fish, birds 
and other animals, and for running expenses, rent and 
maintenance of hatcheries, a sum not exceeding forty-six 
thousand six hundred dollars. 

For the expense of stocking gTeat ponds with food fisb, 
a sum not exceeding five hundred dollars. 

For the expense of stocking brooks with food fish, a 
sum not exceedino' one hundred dollars. 



Acts, 1909. — Chaps. 65, 66. 55 

For the protection of lobsters with eggs attached, a Protection of 
sum not exceeding four thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 16, 1909. 



An Act making an appeopkiation for expenses in (JJiaT). 65 

CONNECTION WITH THE ESTABLISHMENT OF LIFE INSUR- 
ANCE DEPARTMENTS BY SAVINGS BANKS. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding twelve thousand five Establishment 
hundred dollars is hereby appropriated, to be paid out of anceVep^an- 
the treasury of the commonwealth from the ordinary ^vTngs'^banks. 
revenue, for salaries and expenses in connection with the 
establishment of life insurance departments by savings 
banks, for the fiscal year ending on the thirtieth day of 
Xovember, nineteen hundred and nine, as authorized by 
chapter five hundred and sixty-one of the acts of the year 
nineteen hundred and seven. 

Section 2. This act shall take effect upon its passage. 
Approved Fehriiary 16, 1909. 



An Act relative to the terms of office of the {JJi^ij, 66 
electric ligpit commissioners of the city of 
chicopee. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter three hundred and iso^, 397, § 2, 

!• 1 c 1 • 1111 amended. 

ninety-seven 01 the acts 01 the year nineteen hundred and 

seven is hereby amended by striking out the words ''day 

of January ", in the ninth line, and inserting in place 

thereof the words : — Monday of February, — so as to 

read as follows : — Section 2. Such appointments shall ^Pg°'^*^e°*^ 

be made annually in the month of January unless a dif- annually. 

ferent mode of appointment is provided for in the charter 

of the city, and the term of office of the members of said 

board shall be three years : provided, lioivever, that the proviso. 

members first appointed may be appointed at any time 

after the passage of this act and shall hold office for one 

year, two years and three years, respectively, as designated 

by the mayor, from the first Monday of February next 

succeeding the time of their appointment. Members of 



56 



Acts, 1909. — Chaps. 67, 68. 



the said board may be removed by the mayor for cause, 
and vacancies shall be filled by appointment for the res- 
idue of the unexpired term, in the same manner in which 
the original appointments are made. The members of the 
board shall receive such compensation as the board of 
aldermen may fix. 

Section 2. This act shall take effect upon its passage. 
Approved February 17, 1909. 



Chap. 67 An Act relative to the report of the state board 

OF PUBLICATION. 

Be it enacted, etc., as folloivs: 
Certain pro- The provisions of the last clause of section seven of 

noTto appb'" chapter nine of the Revised Laws, requiring annual re- 
state'b'oard of ports from State boards, shall not apply to the report of 
publication. ^^^ g^^^^ i^^^j.^ ^£ publication, and that board may report 

to the general court at such times as it deems expedient. 
Approved February 17, 1909. 



Chap. 6S 



City treasurer 
of Springfield, 
election, etc. 



Repeal. 



When to take 
effect. 



An Act relative to the election of the treasurer 

OF the city of SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. At the annual municipal election in the 
city of Springfield held next after this act takes effect, 
and every second year thereafter, the treasurer of said city 
shall be elected by the qualified voters of the city voting 
in their respective precincts. lie shall be elected by ballot, 
and shall hold his office for two years from the first Mon- 
day in January following his election, and until his suc- 
cessor is elected and qualified. 

Section 2. So much of the charter of said city and 
of the amendments thereto as is inconsistent herewith is 
hereby repealed. 

Section 3. This act shall take effect upon its accept- 
ance by a majority of the qualified voters of the city of 
Springfield, present and voting in their respective pre- 
cincts, at the next municipal election following the passage 
of this act. Approved February 17, 1909. 



Acts, 1909. — Chaps. 69, 70. 57 



An Act eelative to the teem of office of the mayor Chap. 69 

OF THE CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. At the annual municipal election in the Mayor of city 
city of Springfield held next after this act takes effect, and eiectionfterm, 
every second year thereafter, the mayor of said city shall 
be elected by the qualified voters of the city voting in their 
res]iective precincts. He shall be elected by ballot, and 
shall hold his office for two years from the first Monday in 
January following his election, and until his successor 
is elected and qualified. 

Section 2. So much of the charter of said city and of Repeal, 
the amendments thereto as is inconsistent herewith is 
hereby repealed. 

Section 3. This act shall take effect upon its accept- ^en to take 
ance by a majority of the qualified voters of the city of 
Springfield, present and voting in their respective pre- 
cincts, at the next municipal election following the pas- 
sage of this act. Approved February 17, 1909. 



Chap. 70 



An Act to authorize the old colony street railway 
company to extend its service into the grounds of 
the fore river shipbuilding company. 

Be it enacted, etc., as follows: 

Section 1. The Old Colony Street Railway Company, The oid 
Avith the consent of the Fore River Shipbuilding Company, Railway Com- 
Avhich consent said Fore River Shipbuilding Company is ex"end\> 
hereby authorized to give, may operate cars by the over- grounds oMhe 
head electric trolley system of motive power over the shipbuilding 
tracks of the Fore River Shipbuilding Company's rail- Company, 
road for private use, in the city of Quincy, and for that 
purpose may construct and maintain the poles and wires 
incident to such trolley system, to such extent and under 
such rules and regulations as the board of railroad com- 
missioners shall determine to be consistent with public 
safety. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 17, 1909. 



58 



Acts, 1909. — Chaps. 71, 72. 



Chap. 71 



The 

Winchester 
Hospital 
incorporated. 



An Act to incorporate the Winchester hospital. 
Be it enacted, etc., as follows: 

Section 1. Lewns Parkhurst, George Harrington^ 
Preston Pond, William D. Richards, Alfred S. Higgins, 
I^'elson H. Seelye, John L. Ayer and William B. French, 
their associates and snccessors, are hereby made a corpora- 
tion by the name of The Winchester Hospital, for the 
purpose of establishing and maintaining a hospital in the 
town of Winchester for the care and treatment of sick and 
disabled persons, w-ith all the powers and privileges and 
subject to all the duties, restrictions and liabilities set 
forth in all general laws now or hereafter in force relating 
to such corporations. 

Section 2. This act shall take effect upon its passage. 
Approved February IS, 1909. 



Chap. 



Removal of 
v/ires, etc., in 
city of Spring- 
field limited. 



An Act relative to wires and electrical appliances 
in the city of springfield. 

Be it enacted, etc., as follows: 

Section 1. During the year nineteen hundred and 
ten, and during each year thereafter, the owners or users 
of wires, cables, conductors and poles to which the pro- 
visions of section tw^o of chapter two hundred and seventy- 
six of the acts of the year nineteen hundred, as amended 
by chapter one hundred and eighty-one of the acts of the 
year nineteen hundred and one, apply, shall not be re- 
quired to remove or place said wires, cables and conductors 
underground, or to remove any poles or structures used in 
the streets to support such wires, cables or conductors, in 
more than one mile of streets ; and the officer or officers 
named in said section, shall, in the notice therein required 
to be given, limit the part of the district from which such 
removal is to take place to one mile of streets. 

Section 2. This act shall take effect upon its passage. 
Approved February 18, 1909. 



Acts, 1909. — Chaps. 73, 74. 59 



An Act to authorize the city of speingfield to pay (JJkx'ij. 73 
a suai of money to the widow of daniel j. donovan. 

Be it enacted, etc., as follows: 

Section 1. The city of Springfield is hereby author- city of Sprins- 
ized to pay a sum of money not exceeding one thousand a'sm'^of ^^"'^' 
doHars to the widow of Daniel J. Donovan, a police officer ™iX;^ ^f ^^^ 
Avho was accidentally killed at the jDolice station in the DonJfy/ii 
city of Springfield on the twenty-ninth day of September, 
nineteen hundred and eight. 

Section 2. This act shall take effect upon its passage. 
Approved February IS, 1909. 



An Act to exempt the towns of hingham and hull r/j^^j) 74. 

FEOM certain PROVISIONS OF LAW RELATIVE TO THE 
METROPOLITAN WATER SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-three of chapter four hun- 1895, 488, § 23, 
dred and eighty-eight of the acts of the year eighteen ^"^«"'^'^d- 
hundred and ninety-five is hereby amended by inserting 
after the word " to^^m ", in the first line, the words: — 
except the towns of Hingham and Hull, — so as to read 
as follows : — Section 23. No city or town, except the use of water 
towns of Hingham and Hull, any part of which is within cuieland 
ten miles of the state house, or any water comjjany own- strictlFetc. 
ing a water pipe system in any such city or town shall, 
except in case of emergency, use, for domestic purposes 
water from any source not now used by it except as herein 
provided or as shall be hereafter authorized by the legis- 
lature. If any town or towns in said district shall take 
the franchise, works and property in such town or towns, 
of any water company, the compensation to be allowed and 
paid therefor shall not be increased or decreased by reason 
of the provisions of this act. ISTo towm in said water dis- 
trict now supplied with water by a water company owning 
the water pipe system in such town, shall introduce water 
from the metropolitan water works until it shall first have 
acquired the works of such company. 

Section 2. This act shall be given effect as if the ex- Not to affect 
ception were originally a part of said section twenty-three etc!'*''^ nghts, 
of chapter four hundred and eighty-eight of the acts of the 



60 Acts, 1909. — Chaps. 75, 76. 

year eighteen hundred and ninety-five, except that it shall 
not be construed as affecting the provisions of chapter 
three hundred and thirty-six of the acts of the year eight- 
een hundred and ninety-seven, so far as the same apply 
to said towns of Hingham and Hull, and shall not be so 
construed as to affect the rights of any third party for 
damages for any taking made prior to the passage of this 
act. 

Section 3. This act shall take effect uj^on its passage. 
Approved February 18, 1909. 

Chcip. 75 An Act making an appkopbiation for the improve- 
ment OF A CERTAIN CHANNEL IN PLYMOUTH HARBOR. 

Be it enacted, etc., as follows: 
Dredging Section 1. The sum of twenty thousand dollars is 

Plymouth • ^ ^ • -i c ^ 

harbor. hereby appropriated, to be paid out of the treasury of the 

commonwealth from the ordinary revenue, for expenses in 
connection with dredging a channel in Plymouth harbor 
and for dredging a basin for turning vessels at the inner 
end of the same, as authorized by chapter five hundred and 
thirty-one of the acts of the year nineteen hundred and 
seven, 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 February 18, 1909. 

Clictj). 76 An xVct to authorize the city of brockton to make 

AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Brockton Section 1. The city of Brockton, for the purposes 

1909. ' mentioned in chapter one hundred and twenty-four of the 

acts of the year eighteen hundred and seventy-eight, may 
issue from time to time bonds, notes or scrip 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 
not be reckoned in determining the statutory limit of in- 
debtedness of the city. Such bonds, notes or scrip shall 
bear on their face the words, Brockton Water Loan, 1909 ; 
shall be payable at the expiration of periods not exceeding 
thirty years from the date of issue; shall bear interest, 



Acts, 1909. — Chap. 77. 61 

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. 
The city may sell such securities at public or private sale, 
or pledge the same for money borrowed for the purposes 
of this act upon such terms and conditions as it may deem 
proper : provided, that such securities shall not be sold for Provisos, 
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 payment 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 any of such bonds, notes or 
scrip, as will exting-uish the same within the time pre- 
seril3ed 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 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 may be 
required under the provisions of this act shall, without 
further vote, be assessed by the assessors of said city in 
each year thereafter, in the same manner in which other 
taxes are assessed under the provisions of section thirty- 
seven of chapter twelve of the Kevised Laws, until the 
debt incurred by said loan is extinguished. 

Sectio:^ 3. This act shall take effect upon its accept- when to take 
ance by the city council of said city. 

Approved February IS, 1909. 

Aa^ Act relative to the fund for the support of a njin^^ 77 

CONGREGATIONAL GOSPEL MINISTER IN THE FIRST PARISH 
IN BRADFORD. 

Be it enacted, etc., as follows: 

Section three of an act passed by the general court of Certain act of 
Massachusetts February tenth, eighteen hundred and four, 
entitled " An Act to Incorporate certain persons as 
Trustees of a Fund for the support of a Congregational 
Gospel Minister in the First Parish in Bradford, in the 
county of Essex ", is hereby amended by striking out the 
words " the annual income of which shall not exceed nine 



62 Acts, 1909. — Chap. 78. 

hundred dollars ", in the fourteenth and fifteenth lines, 
and inserting in place thereof the words : — to an amount 
not exceeding fifty thousand dollars, • — so as to read as 
put"^o*use^or Mlows i ^ Secti OH 3. And he it further enacted. That 
interest, etc. jJjq aforesaid fund shall be put to use or interest, and the 
annual interest of said fund shall be applied to discharge 
the salary of the congregational gospel minister now settled, 
or that may hereafter be settled in the said first parish: 
Proviso. provided, however, that should the said trustees be pos- 

sessed of a capital, the annual interest whereof shall be 
more than sufficient to discharge the salary aforesaid, the 
surplus sum may be applied to the pajanent of the other 
necessary expenses arising from supporting said congre- 
gational worship, or for the support of schools, as the said 
trustees from time to time shall direct ; or the same may 
be appropriated to augment said fund, within the limita- 
tion hereafter expressed. And the said trustees are hereby 
made capable of holding as aforesaid, real and personal 
estate, to an amount not exceeding fifty thousand dollars ; 
and no part of the capital of said fund shall ever be ex- 
pended. Approved February 18, 1909. 

Chaj). 78 Aisr Act relative to the rate of taxation in the city 

OF CIIELSExV. 

Be it enacted, etc., as follows: 
Taxes in the Section 1. The taxes assessed on property in the city 

city of Chelsea ^ , , i • <• ^ i • "i 

not to exceed a oi Chclsea, exclusive 01 the state tax and sums required 
by law to be raised on account of the city debt, shall not 
in the years nineteen hundred and nine, nineteen hundred 
and ten and nineteen hundred and eleven, exceed fourteen 
dollars on every one thousand dollars of the assessors' 
valuation of the taxable property in said city for the year 
preceding that in which the assessment of taxes is made 
for said three years, respectively, said valuation being 
first reduced by the amount of all abatements allowed 
thereon previous to the thirty-first day of December in 
the year preceding the assessment for each of said three 
years, subject to the provision that, if the Chelsea Board of 
Control so determines, the average of the assessors' val- 
uation of the taxable property in said city for the three 
years preceding the assessment of taxes for each of the 
years nineteen hundred and nine, nineteen hundred and 



certain rate. 



Acts, 1909. — Chaps. 79, 80. 63 

ten and nineteen hnndred and eleven, or for any of said 
years, rednced by the amount of all abatements allowed as 
aforesaid, shall be used to determine the limit of taxation 
instead of the assessors' valuation of the preceding year. 

Section 2. The provisions of section fifty-four of chap- Certain pro- 
ter twelve of the Revised Laws and of acts in amendment not to apply, 
thereof, so far as they are inconsistent herewith, shall not 
apply to the city of Chelsea until after the year nineteen 
hundred and ele^'en. 

Section 3. This act shall take effect upon its passage. 
Approved February 19, 1909. 

Ax Act making a:: appeopriation for the soldiers^ (JliciT). 79 

HOME IN MxlSSACHUSETTS. 

Be it enacted, etc., as follows: 

Section 1. The sum of eighty-five thousand dollars Trustees of the 
is hereby appro]n"iated, 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 sixteen 
of the resolves of the present year. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 23, 1909. 



Soldiers' 
Home. 



Chap. 80 



An Act making appropriations for the maintenance 
of the ^massachusetts hospital school. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Massachusetts 
propriated for the maintenance of the Massachusetts hos- school!^ 
pital school during the fiscal year ending on the thirtieth 
day of November, nineteen hundred and nine, to wit : — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of twenty-eight hundred 
sixty-one dollars and forty-seven cents ; and from the 
treasury of the commonwealth from the ordinary revenue, 
a sum in addition not exceeding thirty-seven thousand one 
hundred thirty-eiffht dollars and fifty-three cents. 

Section 2. This act shall take effect upon its passage. 
Appi'oved February 2Jf., 1909. 



64 Acts, 1909. — Chaps. 81, 82, 83. 



Chap. 81 An Act making an appkopkiation fok the mainte- 
nance OF THE LYMAN SCHOOL FOR BOYS. 

Be U eimcted, etc., as follows: 
l^y^g^'igSchooi Section 1. A sum not exceeding one hundred and 
three thousand nine hundred dollars is hereby appropri- 
ated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the maintenance of the 
Lyman school for boys during the fiscal year ending on 
the thirtieth day of November, nineteen hundred and nine. 
Section 2. This act shall take effect upon its passage. 
Approved February 2Jf, 1909. 

Chaj). 82 An Act making an appropriation foe the mainte- 
nance OF THE STATE INDUSTRIAL SCHOOL FOR GIRLS. 

Be it enacted, etc., as follows: 

mdustriai Section 1. A suiii Hot exceeding sixty-three thousand 

school for four hundred and thirty dollars is hereby appropriated, 
to be paid out of the treasury of the commonwealth from 
the ordinary revenue, for the maintenance of the state 
industrial school for girls during the fiscal year ending on 
the thirtieth day of November, nineteen hundred and nine. 
Section 2. This act shall take effect upon its passage. 
Approved February 2Jf^ 1909. 



girls 



Chap. 83 An Act making appropriations for the maintenance 

OF THE WRENTHAM STATE SCHOOL. 

Be it enacted, etc., as folloivs: 
wrentham Section 1. The sums hereinafter mentioned are ap- 

Btate school. . , j. , . pi 

propriated for the maintenance of the Wrentham state 
school during the fiscal year ending on the thirtieth day 
of November, nineteen hundred and nine, to wit : — 

From the receipts of said school now in the treasury 
of the commonwealth, the sum of seven hundred eighteen 
dollars and ninety-six cents ; and from the treasury of the 
commonwealth from the ordinary revenue, a sum in addi- 
tion not exceeding twenty-two thousand two hundred 
eighty-one dollars and four cents. 

Section 2. This act shall take effect upon its passage. 
Approved February 2k, 1909. 



Acts, 1909. — Chaps. 84, 85. 65 

An Act to authorize the city of springfield to incur QJi^^j 34 

INDEBTEDNESS FOR A MUNICIPAL BUILDING. 

Be it enacted, etc., as follows: 

Section 1. The city of Springfield, for the purpose of |fj"^'-fip|'i'^ 
erecting a building or buildings for municipal purposes, Act'of'fgog^"' 
may incur indebtedness to an amount not exceeding one 
million dollars, and may issue bonds, notes or scrip there- 
for, to be denominated on the face thereof, Springfield 
Municipal Building Loan, Act of 1909. Such bonds, notes 
or scrip shall be signed by the treasurer of the city and 
countersig-ned by the mayor. They shall be payable at 
the expiration of periods not exceeding forty years from 
the dates of issue, shall bear interest at a rate not exceed- 
ing four per cent per 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 
upon such terms and conditions as it may deem proper: 
provided, that they are not sold or pledged for less than Proviso, 
their par value. 

Section 2. The city at the time of authorizing said 
loan shall provide for the payment thereof in such annual 
]iroportionate payments as will extinguish the same within 
the time prescribed by this act; and when such provision 
has been made the amount required thereby shall without 
further vote annually be assessed by the assessors of the 
city, 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 2k, 1909. 

An Act making appropriations for certain expenses (JJiap. 85 

OF THE TRUSTEES OF THE LYMAN AND INDUSTRIAL 
SCHOOLS. 

Be it enacted, etc., as folloics: 

Section 1. The sums hereinafter mentioned are ap- Appropria- 
propriated, to be paid out of the treasury of the com- ^'°''^' 
monwealth from the ordinary revenue, for the purposes 
specified, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and nine, to wit : — 

For travelling and other necessary expenses of the Trustees of 
trustees of the Lyman and industrial schools, the same to ind^^triaf 



Payment of 
loan. 



66 



Acts, 1909. — Chap. 86. 



schools, 
penses. 



Boarding out 
children. 



Care of pro- 
bationers. 



Instruction in 
public schools. 



include the printing and binding of their annual report, 
a sum not exceeding twelve hundred dollars. 

For salaries and expenses of such agents as the said 
trustees maj deem it necessary to employ, a sum not ex- 
ceeding eleven thousand four hundred dollars. 

For expenses in connection with boarding out children 
from the Lyman school for boys, under the authority of 
the trustees thereof, a sum not exceeding eighty-five hun- 
dred dollars. 

For expenses in connection with the care of probationers 
from the state industrial school, to include boarding out 
and other expenses of girls on probation, under the au- 
thority of the trustees of the Lyman and industrial schools, 
a sum not exceeding thirteen thousand eight hundred 
dollars. 

For instruction in the public schools in any city or town 
of the commonwealth of children boarded out or bound out 
by the trustees of the Lyman and industrial schools, a 
sum not exceeding one thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 25, 1909. 



Worcester 

insane 

hospital. 



Chap. 86 An Act making appropriations for the maintenance 

OF THE WORCESTER INSANE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- 
propriated for the maintenance of the Worcester insane 
hospital during the fiscal year ending on the thirtieth day 
of November, nineteen hundred and nine, to wit : — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of sixty-nine thousand six 
hundred seventy-nine dollars and seventy-four cents; and 
from the treasury of the commonwealth from the ordinary 
revenue, a sum in addition not exceeding two hundred 
twenty-eight thousand nine hundred thirty-two dollars 
and twenty-six cents. 

Section 2. This act shall take effect upon its passage. 
Approved February 25, 1909. 



Acts, 1909. — Chaps. 87, 88, 89. 



An Act making appropriations for the maintenance Qj^jf^yy gir 

OF THE TAUNTON INSANE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Taunton 
propriated for the maintenance of the Taunton insane h'oTpltai. 
hospital during the fiscal year ending on the thirtieth day 
of N'ovember, nineteen hundred and nine, to wit : — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of thirty-four thousand 
eight hundred ninety-two dollars and nine cents; and 
from the treasury of the commonwealth from the ordinary 
revenue, a sum in addition not exceeding two hundred one 
thousand seven hundred seven dollars and ninety-one cents. 

Section 2. This act shall take effect upon its passage. 
Approved February 25, 1909. 

An Act making appropriations for the maintenance p'/,^^ qq 

OF THE MEDFIELD INSANE ASYLUM. -^ ' 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Medfieid 
propriated for the maintenance of the Medfieid insane L^ylCm. 
asylum for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and nine, to wit : — 

From the receipts of said asylum now in the treasury 
of the commonwealth, the sum of ninety-five hundred 
thirty-seven dollars and twenty-two cents ; and from the 
treasury of the commonwealth from the ordinary revenue, 
a sum in addition not exceeding three hundred thousand 
four hundred sixty-two dollars and seventy-eight cents. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruarij 25, 1909. 



Chaj). 89 



An Act making an appropriation for the mainte- 
nance OF the boston state hospital. 
Be it enacted, etc., as follows: 

Section 1. The sum of one hundred and ninety-two Boston state 
thousand dollars is hereby appropriated, to be paid out of i^o^pitai. 
the treasury of the commonwealth from the ordinary 
revenue, for the maintenance of the Boston state hospital 



68 



Acts, 1909. — Chaps. 90, 91. 



during the fiscal year ending on the thirtieth day of No- 
vember, nineteen hundred and nine. 

Section 2. This act shall take effect upon its passage. 
Approved February 25, 1909. 



Chap. 



Appropria- 
tions. 



Metropolitan 
water system. 



Cochituate 
watershed. 



90 An Act making appkopkiations for the maintenance 

AND improvement OF THE METROPOLITAN WATER 
SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the Metropolitan Water 
Maintenance Fund, for the maintenance 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 nine, to wit : — • 

For the maintenance and operation of the metropolitan 
water system, a sum not exceeding four hundred and 
sixteen thousand five hundred dollars. 

For the improvement of the Cochituate watershed, a 
sum not exceeding thirty thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 25, 1909. 



Payment of 
special loans 
of the city of 
Chelsea. 



Chap. 91 An Act to authorize the city of chelsea to provide 

FOR PAYING AND REFUNDING ITS SPECIAL LOANS. 

Be it enacted, etc., as follows: 

Section 1. All existing indebtedness of the city of 
Chelsea in loans known as " Special Loans ", is hereby 
ratified, legalized and confirmed, and the city may at the 
maturity of said loans refund the same in a new or con- 
solidated loan to be paid not later than December thirty- 
first, nineteen hundred and twenty-four; and said consoli- 
dated loan shall be included in determining the statutory 
limit of indebtedness of the city. In the year nineteen 
hundred and thirteen, and annually thereafter, there shall 
be placed in the tax levy a sum sufficient with its accumu- 
lations to provide for the payment of said loan at maturity. 

Section 2. This act shall take effect upon its passage. 
Approved February 25, 1909. 



Acts, 1909. — Chaps. 92, 93, 94, 95. 69 



An Act relative to loans by life insurance com- (JJi^^p^ 92 

PANIES on their OWN POLICIES AS COLLATERAL. 

Be it enacted, etc., as follows: 

Section 1. Subdivision six of section thirty-seven of amJndJd' ^ ^^' 
chapter five hundred and seventy-six of the acts of the year 
nineteen hundred and seven is hereby amended by strik- 
ing out the same and inserting in place thereof the fol- 
lowing : — 6, In loans upon the security of its own pol- ^"''•'y 'o^'^^- 
icies not exceeding at the time of making the loan the legal 
reserve on the policy. 

Section 2. This act shall take effect upon its passage. 
Approved February 25, 1909. 



Chap. 93 



Chap. 94 



An Act to include the town of north reading 

WITHIN the judicial DISTRICT OF THE FOURTH DIS- 
TRICT COURT OF EASTERN MIDDLESEX. 

Be it enacted, etc., as follows: 

The town of ]^orth Reading shall, on and after the first Town of 
day of July in the year nineteen hundred and nine, be aifnexed lo '"^ 
annexed to and made a part of the judicial district of the of fou^h "'*"°* 
fourth district court of eastern Middlesex, but this act oflStern""* 
shall not affect any suit or other proceeding pending on Middlesex, 
said date. Approved February 25, 1909. 

An Act to authorize the treasurer and receiver 
general to employ an additional clerk. 

Be it enacted, etc., as follows: 

Section 1. The treasurer and receiver general may Treasurer and 
employ an additional clerk at a salary of fifteen hundred generaYmay 
dollars a year, who shall act as bank messenger and per- dHwnauTefk.' 
form such other duties as may be assigned to him. 

Section 2. This act shall take effect upon its passage. 
Approved February 25, 1909. 

An Act relative to investments of insurance com- (jji^jy 95 

PANIES. 

Be it enacted, etc., as follows: 

Section 1. Subdivision ten of section thirty-seven of 1907, 576, § 37, 
chapter five hundred and seventy-six of the acts of the 



70 



Acts, 1909. 



Chap. 95. 



Agreements 
may be made 
for protecting 
interests of an 
insurance 
company, etc. 



Record of 
extension of 
time to be 
made. 



Prohibited 
investments 
to be sold, etc. 



year nineteen hundred and seven is hereby amended 
by inserting at the beginning of said subdivision, the 
words : - — 

ISTothing in this section shall prevent any such life in- 
surance company from entering into an agreement for 
the purpose of protecting the interests of the company in 
securities lawfully held by it, or for the purpose of reor- 
ganization of a corporation which issued securities so held, 
and from depositing such securities with a committee or 
depositaries appointed under such agreement ; nor from 
accepting corporate stock or bonds, or other securities, 
which may be distributed pursuant to any such agreement, 
or to any plan of reorganization; and, — so that said sub- 
division as amended will read as follows : — 10. Xothing 
in this section shall prevent any such life insurance com- 
pany from entering into an agreement for the purpose of 
protecting the interests of the company in securities law- 
fully held by it, or for the purpose of reorganization of 
a corporation which issued securities so held, and from 
depositing such securities with a committee or depositaries 
appointed under such agreement ; nor from accepting cor- 
porate stock or bonds, or other securities, which may be 
distributed pursuant to any such agreement, or to any 
plan of reorganization; and nothing in this section shall 
prevent any such life insurance company from acquiring 
or holding any property that shall be acquired in satis- 
faction of any debt previously contracted, or that shall be 
obtained by sale or foreclosure of any security held by it: 
provided, liowever, that, if the property owned be such as 
is herein prohibited for investment by such corporation, it 
shall dispose of such property if personal, within one year, 
and if real property within five years, from the date when 
it acquired title to the same, unless the insurance com- 
missioner shall extend the time for such disposition for 
the reason that the interests of the company will suffer 
materially by a forced sale of such property. 

A record of such extension shall be made by the insur- 
ance commissioner, which shall state the time of the ex- 
tension, and in that event the sale of said property may 
be made at any time before the expiration of the time of 
such extension. 

All property held by any domestic insurance company 
when this act takes effect, the investment in or loan on 



Acts, 1909. — Chap. 96. 71 

which property by such company is prohibited by the 
provisions of this section, shall be sold and disposed of 
within five years from the time when this act shall take 
effect, and such property shall not be held for a longer 
period, unless the time be extended by the insurance com- 
missioner in the manner above provided. 

Section 2. This act shall take effect upon its passage. 
Approved February 25, 1909. 



Chap. 96 



An Act rei^ative to payments to be made to the com- 
monwealth BY THE CITY OF BOSTON ON ACCOUNT OF 
THE EXPENSE OF ENLARGING THE SUFFOLK COUNTY 
COURT HOUSE. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter five hundred and ame^j;|e^d; ^ *' 
thirty-four of the acts of the year nineteen hundred and 
six is hereby amended by striking out the words " when 
the same becomes ", in the sixth line, and inserting in 
place thereof the words : — as estimated by the treasurer 
and receiver general, at least ten days before said instal- 
ments of principal and interest become, — by striking out 
the word " as ", in the tenth line, and inserting in place 
thereof the words : — at least ten days before, — and by 
inserting after the word " scrip ", in the eleventh line, 
the words : — and the interest thereon, — so as to read as 
follows : — Section 4- The treasurer and receiver general to%y^wcf-*°° 
shall certify to the mayor of the city of Boston the amounts, t^'^ds of 

^' '' (••IT expense of 

denominations and times of payment of said bonds, notes enlarging 

- . f -I-. 1 11 Suffolk county 

or scrip ; and the city oi Boston shall pay to the common- court house, 
wealth two thirds of each and every instalment of prin- 
cipal and of interest, as estimated by the treasurer and 
receiver general, at least ten days before said instalments 
of principal and interest become due and payable from 
the commonwealth by the terms of said bonds, notes or 
scrip ; it being the purpose of this provision to impose 
upon the city of Boston the payment of two thirds of the 
expenditures w^hich may be made under this act at least 
ten days before said bonds, notes or scrip and the interest 
thereon shall mature or shall become payable from time 
to time. 

Section 2. This act shall take effect upon its passage. 
Approved February 25, 1909. 



Acts, 1909. — Chaps. 97, 98, 99. 



Chap. 97 A 



Name changed, 
etc. 



N Act to change the name of the industrial aid 

SOCIETY FOR THE PREVENTION OF PAUPERISM. 

Be it enacted, etc., as follows: 

Section 1. The Industrial Aid Society for the Pre- 
vention of Pauperism shall hereafter be known as the 
Industrial Aid Society, and shall have all the privileges 
and do all things which it could have done under its for- 
mer name, and shall hold all its property under the name 
of the Industrial Aid Society. 

Section 2. This act shall take effect upon its passage. 
Approved February 25, 1909. 



R. L. 85, § 16. 
amended. 



Husband and 
wife not to be 
separated, etc. 



Chap. 98 An Act relative to the support of certain state 

PAUPERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter eighty-five of the Revised Laws is 
hereby amended by striking out section sixteen , and in- 
serting in place thereof the following: — Section 16. If 
a state pauper has a wife who is also a pauper having a 
legal settlement in this commonwealth, he shall be sup- 
ported by the place where his wife has her settlement ; 
but the commonwealth, upon written notice to the state 
board of charity, shall reimburse such place for the cost 
of aid given to him for sixty days previous to notice and 
until otherwise ordered ; the cost of such support being 
based upon the expense of supporting him had he been 
committed to the state hospital. 

Section 2. This act shall take effect upon its passage. 
Approved February 25, 1909. 



Chap. 99 An Act to confirm the acts of the selectmen of the 

TOWN OF GARDNER ACTING AS A BOARD OF ASSESSORS. 

Be it enacted, etc., as follows: 

Section 1. The acts and proceedings of the selectmen 
of the town of Gardner in assessing certain male persons 
resident in said town under the provisions of section nine- 
teen of chapter five hundred and sixty of the acts of the 
year nineteen hundred and seven in the place and stead 
of the board of assessors of said town, all of whom were 
absent from town or sick, are hereby legalized, ratified and 
confirmed. The assessment of said persons and the cer- 



Certain pro- 
ceedings of 
selectmen of 
town of 
Gardner con- 
firmed. 



Acts, 1909. — Chaps. 100, 101. 73 

tificates of said assessment issued by said selectmen sitting 
and acting a.s such assessors shall be in all respects of the 
same force, elfect and validity as if the same had been 
made and issvied by the lawfully elected board of assessors 
of said town. 

Section 2. This act shall take effect upon its passage. 
Approved February 26, 1909. 



Chap.lOO 



An Act to authorize the town of whitman to choose 
a board of sinking fund commissioners. 

Be it enacted, etc., as follows: 

Section 1. The town of Whitman is hereby authorized whi"n°^n ^^y 
to choose a board of commissioners to have charge of its elect a board 

.-..■. ^ '^^ sinking 

present water sinkinc; fund and such other sinking funds fund com- 

i • ^ 1 p o'l- missioners, etc. 

as the said town may hereafter create. Said town at its 
annual town meeting shall elect by ballot three persons 
to hold office, one until the expiration of three years, one 
until the expiration of two years and one until the ex- 
piration of one year from the next succeeding annual 
town meeting, to constitute a board of commissioners to 
have charge of such sinking funds, and at each annual 
town meeting thereafter one such commissioner shall be 
elected by ballot for the term of three years. The said ^^^^H^^^^ 
board shall have the powers and duties specified in chapter 
one hundred and fifty-two of the acts of the year eighteen 
hundred and eighty-three so far as they relate to sinking 
funds. A majority of the board shall constitute a quorum Quorum, 
for the transaction of business. Any vacancy in said Vacancy, 
board from any cause may be filled for the remainder of 
the unex];)ired term by said town at any legal town meet- 
ing called for the purpose. 

Section 2. So much of the said chapter one hundred Repeal, 
and fifty-two as is inconsistent herewith is hereby repealed. 

Section 3. This act shall take effect upon its passage. 
Approved February 26, 1909. 

An Act making an appropriation for the mainte- pj -jrv-j 
nance of the state hospital. -^ * 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding three hundred and ?*^*?. 
ninety-four thousand dollars is hereby appropriated, to be 
paid out of the treasury of the commonwealth from the 
ordinary revenue, for the maintenance of the state hos- 



74 Acts, 1909. — Chaps. 102, 103. 

pital during the fiscal year ending on the thirtieth day of 
JSTovember, nineteen hundred and nine. 

Section 2. This act shall take effect upon its passage. 
Approved February 26, 1909. 

Chap.K)2i An Act making appropriations for the maintenance 

OF THE WORCESTER INSANE ASYLUM. 

Be it enacted, etc., as follows: 
Worcester Section 1. The sums hereinafter mentioned are ap- 

asyium. jiropriated for the maintenance of the Worcester insane 

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

From the receipts of said asylum now in the treasury of 
the commonwealth, the sum of forty-nine hundred sixty- 
two dollars and fifty-eight cents ; and from the treasury 
of the commonwealth from the ordinary revenue, a sum 
in addition not exceeding two hundred fifty-three thousand 
thirty-seven dollars and forty-two cents. 

Section 2. This act shall take effect upon its passage. 
Approved February 26, 1909. 

Chap.lOS An Act p.e:lative to the maintenance of pipes and 
conduits under public ways. 

Be it enacted, etc., as follows: 
^laj^tenance Section 1. The luayor and aldermen of any city and 

conduits under file Selectmen of any town mav, upon terms and conditions 

public ways. •iiiii-" t 

prescribed by them, authorize any person to construct and 
maintain pipes and conduits for the transmission of steam 
or hot water for heating, cooking, and mechanical power, 
for private use, under the public ways of the city and 
town, may regulate and control the same, may at any time 
require the persons using the same to make alterations in 
the location or construction thereof, and may, after notice 
and hearing, order the removal thereof. Any use of such 
pipes and conduits other than that herein authorized shall 
render the permit therefor null and void. 
vfs^ion^"oT?aw Section 2. The provisioiis of sections seventy-six, 
to apply. seventy-seven and seventy-eight of chapter one hundred 

and ten of the Revised Laws shall apply to proceedings 
hereunder. 

Section 3. This act shall take effect upon its passage. 
Approved February 26, 1900. 



Acts, 1909. — CnArs. 104, 105, 106. 75 



An Act making an appropriation for operating the (JJif^^ry 1 Q4 

SOUTH METROPOLITAN SYSTEM OF SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 

Section 1. A snm not exceeding one hnndred and five South 
thousand seven hundred dollars is hereby appropriated, to system of 
be paid ont of the South Metropolitan System Mainte- polaf** 
nance Fund, for the cost of maintenance and operation of 
the south metropolitan system of sewage disposal, compris- 
ing a part of Boston, the cities of ISTewton, Quincy and 
AYaltham, and the towns of Brookline, Watertown, Ded- 
ham, Hyde Park and Milton, during the fiscal year ending 
on the thirtieth day of j^ovember, nineteen hundred and 
nine. 

Section 2. This act shall take effect upon its passage. 
Approved February 26, 1909. 



An Act making an appropriation for operating the Cha7).\0^ 

NORTH metropolitan SYSTEM OF SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one hundred and Setropoiitaa 
forty-six thousand nine hundred dollars is hereby appro- ^^^^^ ^-g. 
priated, to be paid out of the North Metropolitan System posai. 
]\Iaintenance Fund, for the maintenance and operation of 
the system of sewage disposal for the cities and towns in- 
cluded in what is known as the north metropolitan sys- 
tem, during the fiscal year ending on the thirtieth day 
of November, nineteen hundred and nine. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 26, 1909. 



CJiap.lOe 



An Act making appropriations for the maintenance 

OF the NORTHAMPTON STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Northampton 
propriated for the maintenance of the Northampton state state hospital. 
hospital during the fiscal year ending on the thirtieth day 
of November, nineteen hundred and nine, to wit: — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of forty-six thousand four 



76 Acts, 1909. — Chaps. 107, 108. 

hundred sixty-two dollars and seventy-one cents ; and 
from the treasury of the commonwealth from the ordinary 
revenue, a sum in addition not exceeding one hundred 
twenty-eight thousand five hundred thirty-seven dollars 
and twenty-nine cents. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 26, 1909. 

Chap.107 An Act making appkopkiations for the maintenance 

OF THE DANVEKS INSANE HOSPITAL. 

Be it enacted, etc., as follows: 

Stan^^ Section 1. The sums hereinafter mentioned are ap- 

hospitai. propriated for the maintenance of the Danvers insane hos- 

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

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of sixty-one thousand nine 
hundred sixty-five dollars and seventy-four cents; and 
from the treasury of the commonwealth from the ordinary 
revenue, a sum in addition not exceeding two hundred 
thirty-two thousand thirty-four dollars and twenty-six 
cents. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 26, 1909. 

Chap.lOS An Act making appropriations for the maintenance 

OF THE FOXBOROUGH STATE HOSPITAL. 

Be it enacted, etc., as follows: 
Foxborough Section 1. The sums hereinafter mentioned are ap- 

state hospital. • i n ^ • r» l -r-i l 1 

propriated for the maintenance oi the Foxborough state 
hospital during the fiscal year ending on the thirtieth day 
of jSTovember, nineteen hundred and nine, to wit : — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of fourteen thousand six 
hundred fifty-two dollars and ninety-one cents; and from 
the treasury of the commonwealth from the ordinary 
revenue, a sum in addition not exceeding eighty-three 
thousand forty-seven dollars and nine cents. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 26, 1909. 



Acts, 1909. — Chaps. 109, 110, 111. 77 



An Act making appropriations fob the maintenance Chap.lO^ 

OF THE WESTBOROUGH INSANE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Westborough 
propriated for the maintenance of the Westborough insane h'oTp'itai. 
hospital during the fiscal year ending on the thirtieth day 
of jSTovember, nineteen hundred and nine, to wit: — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of sixty-seven thousand 
nine hundred thirty-two dollars and seven cents ; and from 
the treasury of the commonwealth from the ordinary 
revenue, a sum in addition not exceeding one hundred 
eighty-four thousand sixty-seven dollars and ninety-three 
cents. 

Section 2. This act shall take effect upon its passage. 
Approved February 26, 1909. 

An Act making appropriations for the maintenance (JJku) ^.10 
of the massachusetts hospital for epileptics. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Massachusetts 
propriated for the maintenance of the Massachusetts hos- epfiepfics?'^ 
pital for epileptics during the fiscal year ending on the 
thirtieth day of November, nineteen hundred and nine, to 
wit : — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of fifty-one thousand two 
hundred eighty dollars and sixty cents; and from the 
treasury of the commonwealth from the ordinary revenue, 
a sum in addition not exceeding one hundred nine thou- 
sand nine hundred nineteen dollars and forty cents. 

Section 2. This act shall take effect upon its passage. 
Approved February 26, 1909. 



An Act making appropriations for the maintenajn^ce ni^n^ 111 

OF THE state COLONY FOR THE INSANE. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- state colony 
propriated for the maintenance of the state colony for the ^""^ *^^ msane. 



78 



Acts, 1909.— Chap. 112. 



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

From the receipts of said colony for the insane now in 
the treasury of the commonwealth, the sum of twelve 
hundred three dollars and twenty-one cents; and from 
the treasury of the commonwealth from the ordinary rev- 
enue, a sum in addition not exceeding one hundred three 
thousand seven hundred ninety-six dollars and seventy- 
nine cents. 

Section 2. This act shall take effect upon its passage. 
Approved February 26, 1909. 



Town of 
Swampscott 
Water Loan, 
1909. 



Chap.ll^i An Act to authorize the town of swampscott to 

ISSUE water bonds. 

Be it enacted, etc., as follows: 

Section 1. The town of Swampscott, for the purpose 
of enlarging and improving its water supply and con- 
structing the works and making the payments necessary 
to enable the said town to become a part of the metropol- 
itan water district, as authorized by the provisions of 
chapter five hundred and sixty of the acts of the year 
nineteen hundred and eight, may issue from time to time 
bonds, 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 Swampscott 
Water Loan, 1909 ; shall be payable at dates not later than 
thirty years after the passage of this act, shall bear interest 
payable semi-annually at a rate not exceeding four per 
cent per annum, and shall be sig-ned by the treasurer of 
the town and countersigned by the water commissioners. 
Said town may sell such securities at public or private sale, 
or pledge the same for money borrowed for the purposes 
of this act, upon such terms and conditions as it may deem 
proper: provided, that such securities shall not be sold 
for less than the par value thereof. 

Section 2. Said town shall at the time of authorizing 
said loan or any portion thereof provide for the payment 
thereof in such annual proportionate payments, beginning 
not more than two years after the first issue of any of such 
bonds, notes or scrip, as will extinguish the same within 
the time prescribed by this act ; and when a vote to that 



Payment of 
loan. 



Acts, 1909. — Chap. 113. 79 



effect has been passed a sum which with the income derived 
from water rates will be sufficient to pay the annual ex- 
pense of operating its water works and the interest as it 
accrues on the bonds, notes or scrip issued as aforesaid by 
said to^vn, 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 a manner similar to that 
in which other taxes are assessed, until the debt incurred 
by said loan is extinguished. 

Section 3. This act shall take effect upon its passage. 
A'pproved Fehtmary 26, 1909. 



Chaixll'^ 



Ax Act makixg appbopkiatioxs for the maintenance 

OF the MASSACHUSETTS SCHOOL FOR THE FEEBLE- 
]SIINDED. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Appropria- 
propriated for the maintenance of the Massachusetts School 
for the Feeble-Minded during the fiscal year ending on 
the thirtieth day of jSTovember, nineteen hundred and nine, 
to wit : — 

From the receipts of said school now in the treasury of gphoof for fhe 
the commonwealth, the sum of ninety-six thousand five Feeble-minded. 
tundred twenty-seven dollars and seventy-one cents; and 
from the treasury of the commonwealth from the ordinary 
revenue, a sum in addition not exceeding one hundred 
sixty-eight thousand four hundred seventy-two dollars and 
twenty-nine cents. 

For the city of Waltham for the annual assessment due city of 
from the commonwealth toward maintaining and operat- '^^'*"^=*"^- 
ing a system of sewage disposal at the Massachusetts School 
for the Feeble-Minded, the sum of eight hundred twenty 
dollars and eighty-nine cents, as provided for by 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 26, 1909. 



80 Acts, 1909. — Chaps. 114, 115, 116. 



(7Aa/>.114 An Act to provide compensation for public admin- 
istrators. 

Be it enacted, etc., as follows: 

Siniitrators Section 1. If after citation shall have been issued by 

compensation, the ppobate coiirt to & public administrator upon the estate 
of a deceased person, administration shall not be granted 
to him for reasons set forth in section three of chapter one 
hundred and thirty-eight of the Revised Laws, or because 
of the finding of a will of the deceased, the judge of said 
probate court, if satisfied that the person taking out said 
citation has acted in good faith and for the best interests 
of the estate, may allow him just and reasonable compensa- 
tion therefor, and reimbursement for expenses actually 
incurred, out of the assets of said estate. 

Section 2. This act shall take effect upon its passage. 
Approved February 26, 1909. 



Chap.115 An Act relative to the authority of receivers of 

THE ESTATES OF ABSENTEES. 

Be it enacted, etc., as follows: 

Statirof"^ Section 1. The probate court may authorize the re- 

absentees may ccivcr of the property or estate of an absentee, appointed in 

adjust certam -ii •• c ^ i 

cases by accordaucc With the provisions oi chapter one hundred 

etc. ^^ °°' and forty-four of the Revised Laws, or of any amendments 
thereof, to adjust by arbitration or compromise any de- 
mand in favor of or against the estate of such absentee. 
Section 2. This act shall take effect upon its passage. 
Approved February 26, 1909. 



CAap.llG An Act to require officers to state in their returns 

OF service of process the PLACE WHERE SERVICE 
WAS MADE. 

Be it enacted, etc., as follows: 

Return of When a wi'it, bill, petition or complaint in law or equity, 

process to or any order thereon, is served by an officer by leaving 

where'^service the summoHS, subpoona or copy thereof at the last and 

was ma e. ^jg^al place of abode of any person or party, the officer 



Acts, 1909. — Chaps. 117, 118, 119. 81 

serving the same shall state in his return of such service 
the i^lace as definitely as is practicable, giving, if possible, 
the street and number where such service was made. 

Approved February 26, 1909. 



Aisr Act to include the town of swampscott within (JJiai^.VVl 

THE JUEISDICTION OF THE POLICE COURT OF LYNN. 

Be it enacted, etc., as follows: 

The town of Swampscott is hereby annexed to, and s°amplcott 
made a part of, the judicial district of the police court of fu^gfatetrict 
Lynn ; but this act shall not affect any suit or other pro- of poUce court 
ceeding now pending before any justice or court having 
jurisdiction of the same. 

Approved February 26, 1909. 



An Act to authorize the transportation of military Char>.W^ 

SUPPLIES AND EQUIPMENT OVER THE LINES OF STREET 
RAILWAY, ELECTRIC RAILROAD AND ELEVATED RAILWAY 

COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. All street railway, electric railroad, and pi|es,''eTc!"may 
elevated railway companies within the commonwealth are o^er'^f^e^°of^'^ 
hereby authorized to transport military supplies and equip- street raii- 

'^ . T ^ r ^ . ways, etc. 

ment over their respective lines, and from and to any 
point thereon, subject only to the supervision of, and to 
such regulations as may be imposed by, the board of rail- 
road commissioners. 

Section 2. This act shall take effect upon its passage. 
Approved February 26, 1909. 

An Act to abolish demand on female judgment Chap.119 

DEBTORS. 

Be it enacted, etc., as follows: 

Section 1. A judgment creditor shall not be required f^^f^fudg- 
to cause payment of a judgment to be demanded of a fe- atolLhed*"" 
male judgment debtor in order to obtain a citation against 
her under chapter one hundred and sixty-eight of the Re- 
vised Laws. 



82 



Acts, 1909. — Chaps. 120, 121. 



Petition for a 
citation, where 
to be naade. 



Repeal. 



Section 2. The petition for a citation against a female 
judgment debtor shall be made in the county in which 
the debtor resides or has her usual place of business. The 
clerk or magistrate issuing such citation shall allow her 
not less than three days before the time fixed for the ex- 
amination and at the rate of one hour additional for each 
mile of travel. 

Section 3. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

Approved February 26, 1909. 



Chap.120 An Act relative to the authority of the school 

COMMITTEE OF THE CITY OF BOSTON OVER ORGANIZA- 
TIONS OF SCHOOL PUPILS. 

Be it enacted, etc., as follows: 

Section 1. The school committee of the city of Boston 
may prescribe such rules concerning the admission of 
pupils enrolled in the public schools of said city to secret 
organizations, except religious organizations, composed 
wholly or in part of public school pupils, and their con- 
tinuance therein, as it may deem expedient for the welfare 
of the j)ublic schools, and may excliKle from the public 
schools any pupil not required by law to attend school 
who neglects or refuses to comply with any rule prescribed 
in accordance with the provisions of this act. 

Section 2. This act shall take effect upon its passage. 
Approved February 27, 1909. 



The school 
committee of 
Boston to pre- 
scribe rules, 
etc., concern- 
ing admission 
of pupils to 
secret organi- 
zations, etc. 



Chap.V2i\ An Act making appropriations for salaries and ex- 
penses in the department of the state board of 
charity, and for sundry chaeitable expenses. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the salaries and 
expenses in the department of the state board of charity, 
and for sundry charitable expenses, for the fiscal year 
ending on the thirtieth day of ISTovember, nineteen hun- 
dred and nine, to wit : — 



Appropria- 
tions. 



Acts, 1909. — Chap. 121. 83 



STATE BOAED OF CHARITY. 

For expenses of the state board of charity, including state board 
travelling and other necessary expenses of members, and expenses^' 
salaries and expenses in the board's central office, a sum 
not exceeding thirteen thousand dollars. 

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

For salaries and expenses in the division of state adult ^-duit poor, 
poor, a sum not exceeding forty-nine thousand two hun- 
dred and fifty dollars. 

For salaries and expenses in the division of state minor Minor wards. 
wards, a sum not exceeding fifty-five thousand dollars. 

For travelling and other necessary expenses of the Auxiliary 
auxiliary visitors of the state board of charity, a sum not 
exceeding one thousand dollars. 

MISCELLANEOUS CHAKITABLE. 

For transportation of state paupers under charge of the Transporta- 
state board of charity, including transportation of pris- paupers! ^ ^ 
oners released on probation from the state farm, and for 
travelling and other expenses of probation visitors, for 
the present year and for previous years, a sum not exceed- 
ing sixteen thousand dollars. 

For the care and maintenance of indigent and neglected ne'^lfcfed^"** 
children and juvenile offenders, for the present year and children, etc. 
for previous years, to include expenses in connection with 
the same, a sum not exceeding three hundred and twenty- 
five thousand dollars. 

For expenses in connection with smallpox and other Dangerous 
diseases dangerous to the public health, for the present '®^*^®^- 
year and for previous years, a sum not exceeding sixty 
thousand dollars. 

For tuition in the public schools in any city or town in Tuition of 
the commonwealth, including transportation to and from children, etc. 
said schools, of children boarded out 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 p^^p^'^- 
include cases of wife settlement, a sum not exceeding one 
hundred thousand dollars. 



84 



Acts, 1909. — Chap. 122. 



Burial of 
state paupers. 



Unsettled 
pauper infants. 



Penlkese 
hospital. 



For the burial of state paupers by cities and towns, for 
the present year and for previous years, a sum not ex- 
ceeding seven thousand dollars. 

For temporary aid furnished by cities and towns to 
state paupers and shipwrecked seamen, for the present year 
and for previous years, a sum not exceeding forty-five thou- 
sand dollars. 

For the support and transportation of unsettled pauper 
infants, including infants in infant asylums, for the pres- 
ent year and for previous years, a sum not exceeding 
seventy-two thousand dollars. 

For salaries and expenses at the Penikese hospital, a 
sum not exceeding seventy-five hundred dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 21 , 1909. 



Chap.122 An Act making appropriations for the salaries and 

EXPENSES OF THE COMMISSION ON INDUSTRIAL EDUCA- 
TION. 

Be it enacted, etc., as follows: 

tions"^"^^' Section 1. The sums hereinafter mentioned are ap- 

propriated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the salaries and 
expenses of the commission on industrial education, for 
the fiscal year ending on the thirtieth day of ]^ov ember, 
nineteen hundred and nine, to wit: — 

For the salaries of the commissioners, a sum not ex- 



Commission- 
ers on indus- 
trial education, 

Secretary. 



Agents. 
Clerks, etc. 



Travelling 
expenses, etc. 



Incidental 
expenses, etc. 



For the salary of the secretary of the commission, a sum 
not exceeding five thousand dollars. 

For the salaries of two special agents, a sum not ex- 
ceeding five thousand dollars. 

For clerk hire, stenographers and rent of office of the 
commission, a sum not exceeding fifty-five hundred and 
forty dollars. 

For travel and other expenses of the commission, in- 
cluding cost of investigations in the United States, a sum 
not exceeding fourteen thousand dollars. 

For incidental and contingent office expenses of the com- 
mission, including the printing and binding of the annual 
report, a sum not exceeding thirty-five hundred dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 27, 1909. 



Acts, 1909. — Chaps. 123, 124, 125. 85 



A::^ Act making appropriations for the maintenance (Jhap.V2i?^ 

OF THE MASSACHUSETTS STATE SANATORIUM. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Massachusetts 
propriated for the maintenance of the Massachusetts state sanatorium, 
sanatorium during the fiscal year ending on the thirtieth 
day of JSTovember, nineteen hundred and nine, to wit : — 

From the receipts of said sanatorium now in the treas- 
tirv of the commonwealth, the sum of fifty-seven thousand 
eight hundred fifty-one dollars and sixty-two cents; and 
from the treasury of the commonwealth from the ordinary 
revenue, a sum in addition not exceeding one hundred 
twenty-nine thousand one hundred forty-eight dollars and 
thirty-eight cents. 

Section 2. This act shall take efi^ect upon its passage. 
Approved February 27, 1909. 

An Act making an appropriation for exterminating Cha2).124: 

DISEASES AMONG HORSES, CATTLE AND OTHER ANIMALS. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding seventy thousand ^on^ofjon- 
dollars is hereby appropriated, to be paid out of the treas- gaferamong 
ury of the commonwealth from the ordinary revenue, for animals. 
the extermination of contagious diseases among horses, 
cattle and other animals, for the present year and for 
previous years. 

Section 2, This act shall take effect upon its passage. 
Approved February 27, 1909. 

An Act to provide for the election of a board of Chap.125 
license commissioners by the town of palmer. 

Be it enacted, etc., as folloius: 

Section 1. The town of Palmer at its annual March Town of 

, ,, , ~ I'll- Palmer may 

meeting; shall m every year choose irom the inhabitants elect a board 

p , . • . . . . ^1 , of license com- 

thereoi a license commission consisting oi three members, missioners. 
to serve for the term of one year, or until their successors 
are elected and qualified. Any vacancy in said board Vacancy, 
occurring during the year shall be filled hj the selectmen. 

Section 2. 'E'o member of the board shall be engaged ta ISt^to 
directly or indirectly in the manufacture or sale of in- engage m 



86 



Acts, 1909. — Chap. 126. 



certain em- 
ployments, 
etc. 



Quorum. 



Powers and 
duties. 



Compensa- 
tion, expenses, 
etc. 



Acceptance of 
act. 



When to take 
effect. 



toxicating liquors, or hold any other town office. If any 
member of the board shall engage directly or indirectly 
in the manufacture or sale of intoxicating liquors, his 
office shall thereupon become vacant. Each member of 
said board shall have been a resident of the town of 
Palmer for at least two years immediately preceding his 
election. Two members of the board shall be a quorum 
for the transaction of business. 

Sectioiv 3. All licenses issued in the said town for the 
sale of intoxicating liquors, or for innholders or common 
victuallers, shall be issued and signed only by the board 
of license commissioners, and shall be recorded in their 
office; and all the powers and duties relating to said 
licenses, 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 reasonable 
sum of money for the compensation of its license commis- 
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 
of the town of Palmer at the next annual town meeting 
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- 
mission to the voters of the town shall" take effect upon 
its passage. Approved February 21 , 1909. 



CJiap.126 An Act to establish a part of the boundary line 

BETWEEN THE TOWNS OF WAKEHAM AND MARION. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall here- 
after be the boundary line between the towns of Wareham 
and Marion, between the points hereinafter specified, to 
wit : — Beginning at the centre of the east side of 
Mendells bridge, at a ]")oint bearing south one degree 
twenty-seven minutes east, true bearing, and twenty-two 
feet distant from a stone monument standing on the north 
bank of the Sippican river ; thence north one degree 
twenty-seven minutes west, true bearing, two hundred and 



Boundary line 
between 
Wareham 
and Marion 
established. 



Acts, 1909. — Chap. 126. 87 

thirty-four feet to a aranite monument; thence north eight Boundary line 

I » . ' . . o between 

decrees twenty-nve minutes east, true bearing, six hun- Wareham 

, ^ , , -^ 1 f , , • . 1 and Marion 

tired and seventy-three leet to a granite monument ; thence established, 
north fourteen degrees thirty-seven minutes east, true 
bearing, three hundred and sixty-five feet to a granite 
monument; thence north five degrees fifty-seven minutes 
east, true bearing, five hundred and six feet to a granite 
monument ; thence north four degrees forty-three minutes 
west, true bearing, two hundred and seven feet to a granite 
monument ; thence north twenty-one degrees eight min- 
utes west, true bearing, one hundred and seventy-one feet 
to a granite monument; thence north thirty-one degrees 
twenty-eight minutes west, true bearing, two hundred and 
three feet to a granite monument ; thence north forty de- 
grees fifty minutes west, true bearing, six hundred and 
seventy-nine feet to a granite monument; thence north 
fifty-two degrees five minutes west, true bearing, four hun- 
dred and forty-seven feet to a granite monument; thence 
north twenty-seven degrees fifty-five minutes west, true 
bearing, seven hundred and eighty-eight feet to a granite 
monument ; thence north seventeen degrees fifty minutes 
west, true bearing, seven hundred and seven feet to a 
granite monument ; thence south seventy-two degrees ten 
minutes west, true bearing, forty feet across the Plymouth 
county road, so-called, to a granite monument; thence 
north seventeen degrees fifty minutes west, true bearing, 
on the westerly line of said road, eight hundred and fifty- 
five feet to a granite monument ; thence north twenty de- 
grees three minutes west, true bearing, five hundred and 
thirty-eight feet to a granite monument; thence north 
three degrees thirty-three minutes west, true bearing, five 
hundred feet to a granite monument ; thence north four 
degrees nine minutes east, true bearing, three hundred 
feet to a granite monument ; thence north eighteen degrees 
six minutes east, true bearing, four hundred and seventy- 
five feet to a granite monument ; thence north thirteen 
degrees thirty-four minutes east, true bearing, four hun- 
dred and seventy-three feet to a granite monument ; thence 
north one degree fourteen minutes east, true bearing, five 
hundred and seventy-six feet to a granite monument; 
thence north five degrees four minutes east, true bearing, 
six hundred and fifty feet to a granite monument; thence 
north eighteen degrees thirty-one minutes east, true bear- 



88 



Acts, 1909. — Chap. 127. 



ing, twelve hundred and twenty-two feet to a granite 
monument standing at the corner of the towns of Marion, 
Rochester and AVareham. 
Repeal. Sectioi^ 2. All acts and parts of acts inconsistent here- 

with are hereby repealed. 

Section 3. This act shall take effect upon its passage. 
Approved March 1, 1909. 



Cha2).127 An Act making appropriations for salaries and ex- 
penses OF THE MASSACHUSETTS HIGHWAY COMMIS- 
SION. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the com- 
monwealth from the ordinary revenue, for salaries and 
expenses of the Massachusetts highway commission, for 
the fiscal year ending on the thirtieth day of ISTovember, 
nineteen hundred and nine, to wit: — 

For salaries of the commissioners, the sum of eighty- 
five hundred dollars. 



Appropria- 
tions. 



Highway com- 
missioners. 



Engineers, 
cleriis, etc. 



Expenses. 



Rent of offices. 
Annual report. 



Road;building 
machinery. 



State 
highways. 



Suppression 
of gypsy and 
brown tail 
moths. 



For salaries of the engineers, clerks and assistants in 
the office of the commission, a sum not exceeding sixteen 
thousand three hundred and fifty dollars. 

For travelling and other necessary expenses of the com- 
missioners, 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 the maintenance of state highways, for the present 
year and for previous years, a sum not exceeding one hun- 
dred and fifty thousand dollars. 

For expenses in connection with the suppression of the 
gypsy and brown tail moths on state highways, a sum not 
exceeding seven thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved March 1, 1909. 



Acts, 1909. — Chaps. 128, 129. 89 



An Act making an appropriation for the care and (Jjinj) 1 28 

MAINTENANCE OF WELLINGTON BRIDGE BY THE METRO- 
POLITAN PARK COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The sum of sixty-seven hundred and fifty- Wellington 
two dollars is hereby appropriated, to be paid out of the " ^^' 
Metropolitan Parks System, AVellington Bridge Mainte- 
nance Fund, for the care and maintenance of Wellington 
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 November, nineteen hundred and nine, in accord- 
ance with the provisions of chapter four hundred and 
ninety-one of the acts of the year nineteen hundred and 
one. 

Section 2. This act shall take effect upon its passage. 
Approved March 1, 1909. 

An Act making appropriations for the care and ni^^^rf. i oq 
maintenance of boulevards and parkways in 

CHARGE of the METROPOLITAN PARK COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Appropria- 
propriated for the care and maintenance of boulevards 
and parkways in charge of the metropolitan park commis- 
sion, during the fiscal year ending on the thirtieth day 
of ISTovember, nineteen hundred and nine, one half of the 
amounts to be paid out of the current revenue, and one 
half to be assessed upon the metropolitan park district, as 
authorized by chapter four hundred and nineteen of the 
acts of the year eighteen hundred and ninety-nine, to 
wit : — 

For the care and maintenance of boulevards and park- Boulevards 
ways, a sum not exceeding one hundred sixty-three thou- '^^ par ways. 
sand four hundred fifty-three dollars and sixteen cents. 

For a police signal svstem, a sum not exceeding five police signal 
thousand dollars. ^^^*"'"- 

For resurfacing Revere beach parkway, a sum not ex- Revere beach 
ceoding five thousand dollars. par -way. 

Section 2. This act shall take effect upon its passage. 
Approved March 1, 1909. 



90 



Acts, 1909. — Chaps. 130, 131. 



ChapASO An Act making appeopkiations for the care of 

RESERVATIONS UNDER THE CONTROL OF THE METRO- 
POLITAN PARK COMMISSION. 

Be it eriacted, etc., as follows: 

Uonr^'^"'" Section 1. The sums hereinafter mentioned are ap- 

propriated, to be paid ont of the Metropolitan Parks Main- 
tenance Fund by the metropolitan park commission, 
during the fiscal year ending on the thirtieth day of No- 
vember, nineteen hundred and nine, as authorized by 
chapter four hundred and nineteen of the acts of the year 
eighteen hundred and ninety-nine, to wit : — 

For the care of reservations under the control of the 
metropolitan park commission, a sum not exceeding three 
hundred forty-three thousand eight hundred fifty-nine 
dollars and ninety-six cents. 

For resurfacing roads in Middlesex Fells reservation, 
a sum not exceeding ten thousand dollars. 

For the erection of a sanitary building in the Beaver 
Brook reservation, a sum not exceeding five thousand 
dollars. 

For renewal of plumbing in the sanitary building, and 
for an incinerator at the Revere Beach reservation, a sum 
not exceeding thirty-five hundred dollars. 

For water pipes in the Blue Hill reservation, a sum not 
exceeding seven thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved March 1, 1909. 



Care of 

reservations. 



Middlesex Fells 
reservation. 



Beaver Brook 
reservation. 



Revere Beach 
reservation. 



Blue Hill 
reservation. 



Chap, 



Boiler 
inspection 
department 
of the district 
police. 



\^\ An Act to provide for investigation work and ap- 
paratus AND FOR MAINTENANCE EXPENSES IN THE 
BOILER INSPECTION DEPARTMENT OF THE DISTRICT 
POLICE. 

Be it enacted, etc., as follows: 

Section 1. There shall annually be allowed and paid 
out of the treasury of the commonwealth a sum not ex- 
ceeding one thousand dollars, to be expended by the chief 
of the district police for investigation work, for apparatus 
used in connection with the inspection of steam boilers, 
and for the installation and maintenance of apparatus 



Acts, 1909. — Chap. 132. 91 

used by the boiler iiispectiou department in the examina- 
tion of engineers and tiremen. 

Section 2. This act shall take effect upon its passage. 
Approved March 3, 1909. 



Cha2J.132 



An Act relative to issuing permits to prisoners to 
be at liberty. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and nineteen of chap- r. l. 225, 
ter two hundred and twenty-five of the Revised Laws is amended, 
hereby amended by inserting after the word " twelve ", 
in the fifth line, the words : — and sentenced for a term 
or for non-payment of a fine, — so as to read as follows : 
— Section 119. If it appears to the county commis- Permits to 
sioners, or, in the county of Suffolk, to the penal institu- ar?iberty,*etc.^ 
tions conmiissioner of the city of Boston, that a j)risoner 
in a house of correction or workhouse who has been con- 
victed of an offence named in section forty-six of chapter 
two hundred and twelve, and sentenced for a term or for 
non-payment of a fine, has reformed and is willing and 
desirous to return to an orderly course of life, they may 
issue to him a permit to be at liberty during the remainder 
of his term of sentence. 

Section 2. Section one hundred and twenty of said ^j^^^"^' 
chapter two hundred and twenty-five is hereby amended amended. 
by inserting after the word " confinement ", in the sixth 
and seventh lines, the words : — for a term or for non- 
payment of a fine, — so as to read as follows: — Section Permit to 
120. If it appears to the state board of charity that a pd^onedfor 
person who has been imprisoned for drunkenness at the drunkenness, 
state farm has reformed, or if it appears to the county 
commissioners, or, in the county of Suffolk to the penal 
institutions commissioner of the city of Boston, that a 
person who has been imprisoned for drunkenness in a 
jail, house of correction or other place of confinement, 
for a term or for non-payment of a fine, has reformed, 
they may issue to him a permit to be at liberty during the 
remainder of his term of sentence. 

Section 3. This act shall take effect upon its passage. 
Approved March 3, 1909. 



92 



Acts, 1909. — Chap. 133. 



R. L. 124, : 
amended. 



Payment of 
bounties to 
agricultural 
societies. 



Clicip.Vd^ An Act to regulate the payment of bounties to agri- 
cultural SOCIETIES. 

Be it enacted, etc., as follows: 

Section one of chapter one hundred and twenty-four of 
the Revised Laws is hereby amended by inserting after the 
word " preceding ", in the sixteenth line, the words : — 
or otherwise expended for the encouragement and im- 
provement of agriculture, with the approval of the state 
board of agriculture, — and by inserting after the word 
*" nor ", in the sixteenth line, the words : — in any event, 
■ — so as to read as follows: — Section 1. Every incor- 
porated agricultural society which was entitled to bounty 
from this commonwealth before the twenty-fifth day of 
May in the year eighteen hundred and sixty-six, and every 
other such society whose exhibition grounds and buildings 
are not within twelve miles of those of a society which 
was then entitled to bounty, and which has raised by con- 
tribution of individuals and holds, as a capital appro- 
priated to its uses, one thousand dollars, invested in an 
interest bearing public or private security or in real estate, 
buildings and appurtenances for its use and accommo- 
dation, shall, except when otherwise determined by the 
state board of agriculture as provided in section four, be 
entitled to receive annually in October from the common- 
wealth, two hundred dollars, and in that proportion for 
any greater amount so contributed and put at interest or 
invested; but no society shall receive a larger amount in 
one year than it has awarded and paid in premiums during 
the year last preceding, or otherwise expended for the 
encouragement and improvement of agriculture, with the 
approval of the state board of agriculture, nor, in any 
event, more than six hundred dollars. If there is only 
one incorporated agricultural society in any county, it 
shall be entitled to receive said bounty notwithstanding 
its exhibition grounds and buildings are within twelve 
miles of a society entitled to said bounty; and, after hav- 
ing received said bounty, it shall not be deprived of the 
right to receive the same by reason of the subsequent 
incorporation of another society within the same county. 
Approved March 3, 1909. 



Acts, 1909. — Chaps. 134, 135. 93 



An Act relative to the alteration or change of (JJkxt) 134 
names of public ways, places and parks. 

Be it enacted, etc., as follows: 

Section 1. In case of an alteration or change in the Right of appeal 

^ IT , , . ^ ^ , ,. m cases of 

name oi any public way, place or section, or oi any public change of 
park, where the name altered or changed has been in use publfc'ways," 
for twenty-five years or more, there shall be a right of ^*''^" 
appeal from any such alteration or change to the Massa- 
chusetts highway commission. 

Section 2. Said appeal shall be taken within thirty Time within 
days after any such alteration or change, and shall be by may be taken, 
petition of at least twenty-five legal residents of the city 
or town in which such alteration or change has been made, 
requesting the reversal of such action. ISTotice of the 
filing of such petition shall forthwith be filed in the office 
of the clerk of the city or town in which the change has 
been made, and upon the filing of such petition, a public 
hearing shall be given by said commission, after such pub- 
lic notice as the commission shall determine, and unless 
the commission shall approve of such alteration or change, 
the same shall be of no effect. 

Section 3. This act shall take effect upon its passage. 
Approved March 3, 1909. 

An Act making an appropriation for the care and nhfj^'m^ 
maintenance of the nantasket beach reservation 

BY the metropolitan PARK COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The sum of twenty-two thousand five hun- Nantasket 
dred dollars is hereby appropriated, to be paid out of re^sTrvation. 
the Metropolitan Parks System, ISTantasket Maintenance 
Fund, for the care and maintenance of the J^antasket 
beach reservation by the metropolitan park commission 
during the fiscal year ending on the thirtieth day of ISTo- 
■\-ember, nineteen hundred and nine, this amount to be 
reimbursed to the commonwealth by the cities and tovms 
in the metropolitan district, in accordance with the pro- 
visions of chapter four hundred and sixty-four of the acts 
of the year eighteen hundred and ninety-nine. 

Section 2. This act shall take effect upon its passage. 
Approved March 3, 1909. 



94: Acts, 1909. — Chaps. 136, 137. 



Chap.136 An Act to peovide fok the registration of bonds 

AND OTHER SECURITIES PIELD BY THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

rfTon?s!'etc., Section 1. A county, city or town or any corporation 
held by the or2;anized under the laws of this commonwealth which has 

common- • i i i 

wealth. issued any bond, promissory note or certificate of indebted- 

ness payable to bearer, which is held by the commonwealth 
shall, at the request of the treasurer and receiver general, 
issue in exchange therefor a bond, note or certificate of 
the same effect, payable to the commonwealth by name: 

Proviso. provided, that the commonwealth shall pay all expense 

necessarily incurred in making such exchange. 

Penalty. Section 2. A couuty, city, town or corporation, which 

neglects or refuses to issue a bond, note or certificate in 
accordance with the provisions of this act, when requested 
so to do by the treasurer and receiver general, shall be 
subject to a penalty of not more than fifty dollars. 

Approved March 3, 1909. 



Chajy.lSl An Act to authorize the city of holyoke to refund 
indebtedness incurred in connection with the 
holyoke and westfield railroad. 

Be it enacted, etc., as folloirs: 

City of Section 1. For the purpose of refunding the out- 

Hoiyoke'and standing boiids issued by the city of Holyoke in the re- 
road Loan. funding of certain bonds issued by the town of Holyoke 
to pay for stock of the Holyoke and Westfield Railroad 
Company, issued to the towTi of Holyoke, the said out- 
standing bonds maturing in the year nineteen hundred 
and ten to the amount of one hundred and sixty-six thou- 
sand dollars, and in the year nineteen hundred and thir- 
teen to the amount of sixty thousand dollars, the city of 
Holyoke is hereby authorized to issue bonds as may be 
required to an amount not exceeding two hundred and 
twenty-six thousand dollars. Such bonds shall bear on 
the face thereof the words. City of Holyoke, Holyoke and 
Westfield Railroad Loan, Act of 1909, shall be payable 
at the expiration of periods not exceeding forty years from 
the year of first issue under this act, shall bear interest 
at a rate not exceeding four per cent per annum, payable 



Act of 1909. 



Acts, 1909. — Chap. 138. ' 95 

semi-aiiniiallv, and shall be signed by the treasurer and 
countersigned by the mayor of the city. The city may 
sell the said bonds, at not less than par, at public or 
private sale. 

Section 2. Said bonds shall mature and be paid in Payment of 
such annual amounts as will in the aggregate extinguish 
the total indebtedness incurred under authority of this act 
within the term of forty years herein prescribed. 

Section 3. Bonds issued under this act shall not be Not to be 
reckoned in determining the statutory limit of indebted- debt limit, 
ness of the city. 

Section 4. This act shall take effect upon its passage. 
Approved March 5, 1909. 



An Act to provide that the mayor of the city of Chap.lSS 

NEWTON SHALL BE A MEMBER OF THE SCHOOL COM- 
MITTEE OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter two hundred ame^ndfl' ^ ^^' 
and eighty-three of the acts of the year eighteen hundred 
and ninety-seven, entitled '^ An Act to revise the chartei* 
of the city of Newton ", is hereby amended by striking 
out the words " president of the board of aldermen ", in 
the fifth line, and inserting in place thereof the word : — 
mayor, — so as to read as follows: — Section 19. The school 
management and control of the public schools shall be pow™s"1fd 
vested in the school committee, which shall exercise the ^"*'^^' ^*<^- 
powers and discharge the duties imposed by law upon 
school committees. The committee shall consist of the 
mayor, ex officio, and two members from each ward. The 
present members shall continue to hold their respective 
offices according to the tenure thereof, and at the annual 
city elections the board of aldermen shall provide for the 
election of members to fill vacancies occurring at the end 
of the municipal year, so that the term of office of not 
more than five members, nor the term of office of the two 
members from any ward, shall expire in the same year. 
Other vacancies shall be filled as provided by general law. 

Section 2. This act shall take efl^ect on the second when to take 
Monday of January, nineteen hundred and ten. 

Approved March 5, 1909. 



96 



Acts, 1909. — Chap. 139. 



Chap.139 An Act to authorize the first baptist church in 

SALEM AND THE CENTRAL BAPTIST CHURCH IN SALEM 
TO UNITE. 



Certain 
churches in 
Salem may 
unite. 



Franchises, 
powers, etc. 



To hold real 
and personal 
property, etc. 



Membership. 



Records, etc. 



Be it enacted, etc., as follows: 

Section 1. The First Baptist Church in Salem, in- 
corporated June twenty-sixth, nineteen hundred and six, 
and The Central Baptist Church in Salem, incorporated 
ISTovember second, eighteen hundred and ninety-three, are 
hereby authorized to unite whenever the members of said 
corporations by a majority vote of those present and vot- 
ing at meetings called for such purpose shall so vote, and 
upon the passage of said votes said corporations shall be 
merged into one corporation, to be called The First Bap- 
tist Church in Salem. 

Section 2. After said votes have been passed said new 
corporation, namely. The First Baptist Church in Salem, 
shall have and enjoy all franchises, powers, privileges, 
property and rights of every kind now belonging to said 
corporations, and shall assume and be subject to all the 
duties, debts and liabilities thereof. 

Section 3. All property, whether real or personal, 
belonging to or held in trust by said corporations or by 
their deacons, or by their pastors and deacons, or by their 
trustees or standing committees, shall be vested in said 
new corporation, to be held upon the same, or, as nearly 
as possible, upon the same trusts as said trust property 
is now held. In case of doubt as to the precise manner 
or proportion in which said trust property or the income 
thereof shall be applied or divided, the matter may be 
determined by the supreme judicial court, upon appli- 
cation of any person interested or of the attorney-general, 
and until said court shall otherwise order said trust prop- 
erty and the income thereof shall be applied and divided 
in accordance with the terms of the original trusts, or as 
nearly as possible in accordance therewith, by said new 
corporation. 

Section 4. Upon the j^assage of said votes all persons 
who are then members of said corporations shall be mem- 
bers of said new corporation. 

Section 5. The records and other books and papers 
of said corporations shall be the property of said new 



Acts, 1909. — Chap. 140. 97 

corporation ; and certified copies of said votes of said cor- 
porations agreeing to the union autliorized by this act, 
sworn to by their respective clerks, and recorded in the 
registry of deeds for the southern district of the county 
of Essex, shall be sufficient evidence of the union, and 
of the due creation and existence of said new corporation. 

Section 6. The first meeting of said new corporation Meetings, etc 
for organization shall be called by the clerks mentioned 
in section five of this act, within fifteen days from and 
after said vote agreeing to the union mentioned in said 
section five, by notices posted upon the present houses of 
worship of The First Baptist Church and The Central 
Baptist Church in Salem seven days at least before the 
date of the meeting. The annual meetings of said new 
corporation shall be held at such times as the corporation 
shall by by-law determine; and its officers shall consist 
of a moderator, clerk, treasurer, and a board of directors. 

Section 7. Any person aggrieved by the provisions of i^'^^^ees. 
this act may at any time within six months after the 
recording of the copies of the votes as above provided 
apply by petition to the superior court for the county of 
Essex to have his or her damages determined by a jury 
therein, or by or under the direction of said court ; and all 
damages so awarded, with the costs of suit allowed by 
statute in civil actions attending such award, shall be paid 
by said new corporation. 

Section 8. This act shall take effect upon its passage. 
Approved March 5, 1909. 

An Act to authorize the city of lowell Td appro- QJinj) ;[40 

PRIATE MONEY TO BE EXPENDED BY TRUSTEES IN MAIN- 
TAINING AND BEAUTIFYING CERTAIN LAND IN THAT CITY, 

Be it enacted, etc., as follows: 

Section 1. The city of Lowell is hereby authorized LoweU^by^ 
to permit the mavors of said city in succession and the certain persons 

i /. 1 " 1 . . • . . as trustees, 

chairmen of the park commission in succession to accept may accept 

•• r ^ ii_c iH/Tl land for certain 

the positions oi trustees under a deed of trust made IWarcn purposes. 
twentieth, eighteen hundred and forty-four, by the Pro- 
prietors of the Locks and Canals on Merrimack river of 
a lot of land situated on the west side of Anne street in 
Lowell, according to which deed said lot was to be kept 
'' as ornamental ground forever ", the same being " dedi- 



98 



Acts, 1909. — Chaps. 141, 142. 



The city may 
appropriate 
money for im- 
proving said 



cated and set apart by the grantors for the purpose of 
beautifying and ventilating the city ". 

Section 2. The city of Lowell may make appropria- 
tions of money to be used by said trustees in fencing and 
beautifying said land or otherwise in carrying out the 
provisions of said trust. 

Section 3. This act shall take effect upon its passage. 
Approved March 5, 1909. 



Chap.\4:\ An Act to autpiorize the city of boston to pay a 

SUM OF MONEY TO THE WIDOW OF JOHN DEVINE. 

Be it enacted, etc., as folloivs: 

Section 1. The city of Boston is hereby authorized to 
pay to Catherine Devine, widow of John Devine late an 
employee of said city, the sum of two thousand dollars. 

Section 2. This act shall take effect upon its accept- 
ance by the city council of the city of Boston. 

Approved March 5, 1909. 



City of Boston 
may pay a sum 
of money to 
Catherine 
Devine. 

When to take 
effect. 



OAft».142 An Act to incorporate the trustees of foochow 

college. 



Trustees of 
Foochow 
College 
incorporated. 



May hold real 
and personal 



etc., as fottou's: 
Charles A. Hopkins, Arthur H. Wellman, 



Be it enacted. 

Section 1. 
Albert P. Fitch, Henry H. Proctor, Francis O. Winslow, 
Arthur L. Gillett, Herbert A. Wilder, Edward M. Noyes, 
John H. Denison, George A. Hall, Lucius H. Thayer and 
Arthur Perry, members of the Prudential Committee of 
the American Board of Commissioners for Foreign Mis- 
sions, and their successors in that office, are hereby made 
a corj^oration under the name of Trustees of Foochow 
College, with power to maintain a college for the educa- 
tion of young men in the city of Foochow, in the empire 
of China, with all the powers and privileges and with all 
the rights, duties and liabilities pertaining to religious 
and charitable corporations. The corporation may elect 
such officers as are necessary, and may determine their 
duties and tenure of office; and the clerk and treasurer 
of the corporation need not be members thereof. 

Section 2. The corporation may acquire by purchase, 
gift, bequest or otherwise, real or personal property to 
an amount not exceeding eight hundred thousand dollars, 



Acts, 1909. — Chap. 143. 99 

and shall expend the income thereof, and may use said 
property, in maintaining said college in such manner as 
shall most effectually promote virtue, piety and learning, 
and as shall conform to the terms of any gift or bequest 
made to, or for the benefit of, the said corporation or 
college. 

Section 3. The said corporation may elect or appoint, Powers and 
and remove such officers and instructors of the college as corporation, 
it may deem expedient, shall determine their duties, com- 
pensation, and tenure of office ; may jDurchase, hire, con- 
struct and maintain such buildings as are necessary for 
the college; may make all reasonable rules and regula- 
tions for the government of the college and for the man- 
agement of the corporation: provided, that the same are Proviso, 
not repugnant to the constitution or laws of this common- 
wealth, or of the Ignited States, or to any treaty made by 
the United States ; may determine the courses of study 
to be pursued in the said college, and may grant such 
honors, degrees and diplomas, as may lawfully be granted 
by any university, college or seminary in this common- 
wealth. 

Section 4. I^o student shall be refused admission to students to be 
any department of the said college, except the theological re^rdiLs of'^' 
department, or be denied any of the privileges, honors opinions, 
or degrees of the college, on account of religious opinions 
entertained by him. 

Section 5. The general court may appoint or may Overseers or 

, . , " . ./ x i ^ .. visitors, ap- 

authorize the governor to appoint overseers or visitors oi pomtment, etc 
the said college, who shall have such powers in relation 
to the same as the general court may determine. 

Approved March 5, 1909. 



Ax Act relative to the rate of interest on bonds (JJiaiyAi:^ 

OF THE CITY OF NEW BEDFORD AUTHORIZED FOR THE 
PAYMENT OF THE ERECTION OF A NEW HIGH SCHOOL 
BUILDING. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter three hundred and ame^nde^d.' ^ ^' 
eighty-five of the acts of the year nineteen hundred and 
three is hereby amended by striking out the words " three 
and one half ", in the sixth and seventh lines, and insert- 
ing in place thereof the word : — four, — so as to read 



100 



Acts, 1909. — Chap. 144. 



New Bedford 
High School 
Loan, Act of 
1903. 



Certain 
provisions of 
law to apply. 



as follows : — Section 2. jSTotes or bonds issued by the 
city of New Bedford under the authority of this act for 
the high school building shall be denominated on the face 
thereof, New Bedford High School Loan, Act of 1903, 
shall be made payable within twenty years from the dates 
of issue, and shall bear interest at a rate not exceeding 
four per cent per annum. Notes or bonds issued for the 
payment of indebtedness incurred for wharf property 
shall be made payable in ten years from the dates of issue. 
The entire proceeds of all such notes or bonds shall be 
devoted to the purposes mentioned in section one of this 
act. The provisions of sections twelve to seventeen, in- 
clusive, of chapter twenty-seven of the Revised Laws, shall 
apply to all notes or bonds issued under authority of this 
act. 

Section 2. This act shall take effect upon its passage. 
Approved March 5, 1909. 



Ghap.144: An Act to authorize the city of new Bedford to 

INCUR INDEBTEDNESS FOR THE PURPOSE OF ERECTING 
AND ENLARGING SCHOOL BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. The city of New Bedford, for the purpose 



New Bedford 
School Loan, 
Act of 1909. 



Proviso. 



of paying for a new public school building and for en- 
larging the existing school building on Brock avenue in 
that city, and for equipping the said buildings, may in- 
cur indebtedness to an amount not exceeding one hundred 
and seventy-five thousand dollars, and may issue bonds, 
notes and scrip therefor, to be denominated on the face 
thereof. New Bedford School Loan, Act of 1909. Such 
bonds, notes or scrip shall be signed by the treasurer of 
the city and countersigned by the mayor. They shall be 
payable at the expiration of periods not exceeding twenty 
years from the dates of issue, shall bear interest at a 
rate not exceeding four per cent per annum, and shall 
not be reckoned in determining the statutory limit of in- 
debtedness 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. 



Acts, 1909. — Chaps. 145, 146. 101 

Section 2. The city at the time of authorizing said f^J^^"^^"^ 
loan shall provide for the payment thereof in such annual 
proportionate payments as will extinguish the same within 
the time prescribed in this act ; and when such provision 
has been made the amount required thereby shall without 
further vote annually be assessed by the assessors of the 
city, in the same manner in which other taxes are assessed, 
until the said debt is extinguished. 

Section 3. This act shall take effect upon its passage. 
Approved March 5, 1909. 

An Act to authorize the metropolitan park com- QJi^-p \^^ 

MISSION to furnish BAND CONCERTS IN PARKS, PARK- 
WAYS AND OTHER PLACES UNDER ITS CONTROL. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan park commission is Band concerts 
hereby authorized to provide band concerts in such parks, in parks and 
parkways or other places under its control, and at such ^*'' ^^^^' ^**'' 
times, as it may select. Hereafter said commission shall 
include in its annual estimate of the expense of mainte- 
nance of the metropolitan parks system for the ensuing 
year such sum as it may recommend should be appro- 
priated for the purpose of carrying out the provisions of 
this act. 

Section 2. The sum of twenty-five thousand dollars Appropria- 
is hereby appropriated from the Metropolitan Parks Main- 
tenance Fund, to be expended by the metropolitan park 
commission during the present fiscal year for the purpose 
aforesaid. 

Section 3. This act shall take eifect upon its passage. 
Approved March 5, 1909. 



An Act in addition to an act making appropriations 
for the salaries and expenses of the gas and elec- 
tric light commissioners. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the Gas and Electric Light 
Commissioners' Fund, for the purposes specified, for the 
fiscal year ending on the thirtieth day of November, nine- 
teen hundred and nine, to wit : — 



Ckap.Ue 



102 



Acts, 1909. — Chaps. 147, 148. 



Gas and 
electric light 
commission- 
ers, clerical 
assistance. 
Second assist- 
ant inspector. 
Annual report. 



For clerical assistance to the gas and electric light com- 
missioners, a sum not exceeding eight hundred dollars. 

For the salary of the present second assistant inspector, 
the sum of one hundred dollars. 

For printing and binding the annual report of the com- 
missioners, a sum not exceeding two hundred dollars. 

For rent of an office for the commissioners, a sum not 
exceeding forty-two hundred dollars. 

The above sums are in addition to any amount hereto- 
fore appropriated for the same purpose. 

Section 2. This act shall take effect upon its passage. 
Approved March 5, 1909. 



(7/^rt/9.147 An Act relative to the blue book edition of the 

ACTS AND RESOLVES OF THE GENERAL COURT. 

Be it enacted, etc., as follows: 

Section two of chapter nine of the Revised Laws is 
hereby amended by striking out the words " twelve thou- 
sand ", in the first line, and inserting in place thereof the 
words : — nine thousand five hundred, — so that the first 
paragraph of said section will read as follows : — Nine 
thousand five hundred copies of said volume shall be 
printed, and the secretary shall, immediately after their 
publication, deposit one of said copies in his office and 
distribute others as follows : — 

Approved March 5, 1909. 



R. L. 9. § 2, 
amended. 



Distribution 
of acts and 
resolves. 



ChapA^S An Act relative to the computation of interest 

ON BONDS AND NOTES IN DEALINGS WITH TPIE COMMON- 
WEALTH. 

Be it enacted, etc., as follows: 

Section 1. On all loans of money made to or by the 
commonwealth and on all bonds or notes purchased or held 
by the commonwealth, interest shall be computed on the 
basis of three hundred and sixty-five days to the year and 
not on the basis of three hundred and sixty days to the 



Computation 
of interest on 
bonds and 



year. 

Section 2. 



This act shall take effect upon its passage. 
Approved March 6, 1909. 



Acts, 1909. — Chaps. 149, 150. 103 



An Act relative to the time fob, filing certificates (7/ia79.149 
OF nomination and nomination papers in towns. 

Be it enacted, etc., as follows: 

Section one hundred and seventy-seven of chapter five i907, seo. 
hundred and sixty of the acts of the year nineteen hun- 
dred and seven is hereby amended by striking out the 
word " Saturday ", in the second line of the fourth para- 
graph, and inserting in place thereof the word : — Wednes- 
day, — by striking out the word " Monday ", in the third 
line of said paragraph, and inserting in place thereof the 
words : — second Thursday, — by striking out the word 
" Saturday ", in the fourth line of said paragraph, and 
inserting in place thereof the words : — Wednesday or 
Thursday, — by striking out the words beginning with 
'" preceding ", in the sixth line of said paragraph, and 
ending with the words " before the ", in the eighth line 
of said paragraph, by striking out the word " ninth ", in 
the eleventh line of said paragraph, and inserting in 
place thereof the word : — twelfth, — and by striking out 
the word " seventh ", in the eleventh line of said para- 
graph, and inserting in place thereof the word : — 
eleventh, — so that said paragraph will read as follows : 
— In towns, certificates of nomination for town offices Last days for 
shall be filed on or before the second Wednesday, and cates of nom- 
nomination papers, on or before the second Thursday, towns" '" 
preceding the day of the election; but if such Wednesday 
or Thursday falls on a legal holiday, said certificates of 
nomination shall be filed on or before the succeeding day; 
but if a town election is held on a day of the week other 
than Monday, such certificates of nomination and nom- 
ination papers shall be filed respectively on or before the 
twelfth and eleventh days preceding the day of the elec- 
tion. Approved March 6, 1909. 



Chap.150 



An Act to authorize the city of melrose to make 
an additional water loan. 

Be it enacted, etc., as follows: 

Section 1. The city of Melrose, for the purpose of Loan^^A^of' 
extending and improving its system of water works, may i909-' 
issue from time to time bonds, notes or scrip to an amount 



104 



Acts, 1909. 



Chap. 151. 



Payment of 
loan. 



When to take 



not exceeding one hundred thousand dollars in addition 
to the amount which it is now authorized to issue. Such 
bonds, notes or scrip shall bear on their face the words, 
Melrose Water Loan, Act of 1909 ; shall be payable at the 
expiration of periods not exceeding thirty years from the 
dates of issue; shall bear interest, payable semi-annually, 
at a rate not exceeding four per cent per annum ; and 
shall be signed by the treasurer of the city and counter- 
signed by the mayor. The city may sell such securities 
at public or private sale, or pledge the same for money 
borrowed for the purposes of this act, upon such terms 
and conditions as it may deem proper : provided, that they 
shall not be sold for less than the par value thereof; and 
jyrovided, further, that no part of the proceeds of the sale 
thereof shall be used in payment of running expenses. 

Section 2. The said city shall at the time of author- 
izing said loan provide for the payment thereof in such 
annual proportionate payments, beginning not more than 
five years after the first issue of any such bonds, notes or 
scrip, as will extinguish the same within the time pre- 
scribed by this act ; and when a vote to that effect has been 
2^>assed, a sum which, with the income derived from water 
rates, will be sufficient to -psLj the annual expense of op- 
erating the water works and the interest as it accrues on 
the bonds, notes or scrip issued as aforesaid, 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 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 in- 
curred by said loan is extinguished. 

Section 3. This act shall take effect upon its accept- 
ance by the city council of said city. 

Approved March 6, 1909. 



ChaV 151 "^^^^ ^^^ '^^ AUTHORIZE THE LEASE OF CERTAIN LAND PUR- 
CHASED FOR PARK PURPOSES IN THE CITY OF SALEM. 

Be it enacted, etc., as follows: 

Certain land Section 1. The board of park commissioners of the 

ciTy of Salem city of Salcui, actiug for the city, is hereby authorized 
may e ease , ^^ gp^nt a Icasc for such term, with such restrictions and 



Acts, 1909. — Chap. 152. 105 

reservations, and upon such conditions as said board may 
deem proper, of the whole or any part of the parcel of 
land containing about two hundred and fifty-three thou- 
sand square feet adjoining on the south the lot upon which 
a high school building is being constructed. Said parcel ^TaTd^'etc. 
is bounded and described as follows : — Northerly by the 
southerly line of the lot upon which said school building 
is being constructed, about three hundred and thirty-four 
feet, easterly by land of the Boston and Maine Railroad, 
about four hundred and four feet, and by land of said 
city, about two hundred and fifty feet, southerly by land 
held by said city for park purposes, about four hundred 
feet, and westerly by land now or late of Ware, about 
seven hundred feet. The land so leased shall be held for 
the purpose of providing for the children and teachers 
in the public schools in the city of Salem, and for others, 
such athletic sports, games, exercises, amusements and 
diversions as have for their object the general purpose 
of physical training. Said board may, upon conditions 
to be prescribed by it, authorize changes to be made in 
the grade of the land so leased, and buildings and other 
structures to be erected thereon to be used for the purposes 
above specified ; and section eleven of chapter twenty- 
eight and section twenty of chapter fifty-three of the Re- 
vised Laws shall not apply to such buildings or other 
structures. Any lease made hereunder may be terminated of[^'se^**°'' 
at any time by said board by six months' notice in writ- 
ing given to the lessee, or to those having his estate in the 
premises. 

Section 2. This act shall take efi^ect upon its accept- when to take 
ance by the city council of said city. 

Approved March 6, 1909. 



Ax Act to extend the authority of the holyoke fiif^jj^ 1 59 

WATER POWER COMPANY TO MANUFACTURE, SELL AND 
distribute ELECTRICITY FOR POWER PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and i903 350, § 1, 

ci '111 11 amended. 

fifty of the acts of the year nineteen hundred and three 
is hereby amended by inserting after the word " except ", 
in the fifteenth line, the word : — First, — and also by 
adding at the end of said section the words : — Second. 



106 



Acts, 1909. — Chap. 152. 



The Holyoke 
Water Power 
Company may 
manufacture 
and sell elec- 
tricity for 
power pur- 
poses. 



That it may sell electricity in any qnantity to, and for 
any nse on the premises of, any tenant occnpying the 
whole or any part of any mill or factory building in Hol- 
yoke (a) which said Holyoke Water Power Company has 
acquired or may acquire between the first day of January 
and the first day of JuW, nineteen hundred and nine; (b) 
or which said company has constructed since the first day 
of January, nineteen hundred and nine, or may hereafter 
construct; (c) or which said company may hereafter 
acquire through foreclosure proceedings, or under a fore- 
closure sale, of a real estate purchase-money mortgage in 
wdiich said company is the mortgagee; and any such 
tenant of any such building may purchase of said com- 
pany electricity in any quantity and for any use on such 
tenant's premises ; but these rights shall continue only so 
long as said Holyoke Water Power Company shall con- 
tinue to own, or have an interest by virtue of a real estate 
purchase-money mortgage in, any such building so ac- 
quired or constructed by it as aforesaid, — so as to read 
as follows: — Section 1. The Holyoke Water Power 
Company, incorporated by chapter six of the acts of the 
year eighteen hundred and fifty-nine, is hereby authorized 
to manufacture electricity for power purposes, within the 
city of Holyoke and the town of South Hadley, and to 
sell and distribute the same in any of the cities and towns 
w^ithin the counties of Hampden or Plampshire, upon re- 
ceiving the approval of the mayor and aldermen of any 
such city or of the selectmen of any such town : provided, 
however, that it shall not sell or deliver electricity to any 
one purchaser in a quantity less than one hundred horse 
power at any time, nor until it has made with such pur- 
chaser a written contract providing that such purchaser 
shall use such electricity in his own business only, and 
upon his own property, except — 

First. That it may sell to any city or town within the 
counties of Hampden or Hampshire which has established 
or may hereafter establish a municipal lighting plant, 
and any such city or town may purchase of said company 
electricity in any quantity and for any purpose for which 
such city or town can legally use the same. 

Second. That it may sell electricity in any quantity 
to, and for any use on the premises of, any tenant occupy- 
ing the whole or any part of any mill or factory building 



Acts, 1909. — Chap. 153. 107 

in Holyoke (a) which said Holyoke Water Power Com- 
pany has acquired or may acquire between the first day 
of January and the first day of July, nineteen hundred 
and nine ; (b) or which said company has constructed 
since the first day of January, nineteen hundred and nine, 
or may hereafter construct; (c) or which said company 
may hereafter acquire through foreclosure proceedings, 
or under a foreclosure sale, of a real estate purchase- 
money mortgage in which said company is the mortgagee ; 
and any such tenant of any such building may purchase 
of said company electricity in any quantity and for any 
use on such tenant's premises ; but these rights shall con- 
tinue only so long as said Holyoke Water Power Company 
shall continue to own, or have an interest by virtue of a 
real estate purchase-money mortgage in, any such build- 
ing so acquired or constructed by it as aforesaid. 

Sectiox 2. This act shall take effect upon its passage. 
Approved March 8, 1909. 



An Act to provide for the appointment of a com- 
mission TO investigate and report upon the im- 
provement of salem harbor. 



Chap.153^ 



Be it enacted, etc., as follows: 



Section 1. Upon the passage of this act the mayor of Commission on 

,1 •. coiiim • 1- r- • improvement 

tne City oi oalem shall appoint, subject to confirmation of Saiem 
by the city council, acting concurrently, five persons, in- po[nt°men?" 
habitants of said city, who shall constitute a commission ^^'^' 
on the improvement of Salem harbor, and shall serve with- 
out compensation. In case a vacancy shall occur in the 
commission, it shall be filled by appointment as aforesaid. 
The term of office of the commissioners shall expire three 
years after the date of the passage hereof. 

Section 2. The commission shall consider what im- Powers and 
provements can be made in Salem harbor, in the channels '^"*'^^' 
or approaches thereto, and in the wharves and docks 
thereon; shall consider such other matters relating to the 
general commercial interests of the city in said harbor 
as it may deem proper, and shall from time to time make 
full reports, with plans and estimates, to the city council. 
In making its investigations the commission may expend 
such sums as the city council determines to be necessary, 



108 Acts, 1909. — Chap. 154. 

but not more than ten thousand dollars, which sums shall 
be paid by the city. 
When to take Section 3. This act shall take effect upon its accept- 
ance by the city council of said city. 

Approved March 9, 1909. 

(7A«79.154 An Act to enlarge the jurisdiction of certain 

COURTS AND MAGISTRATES IN CASES OF SEIZURE OF IN- 
TOXICATING LIQUORS AND OTHER PROPERTY. 

Be it enacted^ etc., as follows: 
?.,L- 100- , J Section 1. Section seventy-six of chapter one hun- 

§ 76, amended. ,.it-.'it -it iti •!• 

dred of the Revised Laws is hereby amended by striking 
out the word " fifty ", in the third line, and inserting in 
place thereof the words : — one thousand, — so as to read 

Notice to as follows : — Section 76. If, in the opinion of the court 

Uquors seized. Or trial justicc bcfore whom the warrant is returned, the 
value of the liquor seized and the vessels containing it 
does not exceed one thousand dollars, a notice, under seal, 
and signed by the justice or the clerk of said court, or 
by the trial justice, shall be issued within twenty-four 
hours after such seizure, commanding the person com- 
plained against as the keeper of the liquor seized and all 
other persons who claim any interest therein or in the 
casks or vessels containing the same to appear before said 
court or trial justice, at a time and place therein named, 
to answer to said complaint and show cause why such 
liquor and the vessels containing it should not be for- 
feited. 

R. L. 100, § 85, Section 2. Section eighty-five of said chapter one hun- 
dred is hereby amended by striking out the word fifty , 
in the fourth line, and inserting in place thereof the 
words : — one thousand, — so as to read as follows : — 
Section 85. If, in the opinion of the court or trial justice 

superior court, before whoiii a warrant under which liquor has been 
seized is returnable, the value of the liquor seized with the 
vessel containing it exceeds one thousand dollars, a notice 
shall be issued and served as directed in sections seventy- 
six and seventy-seven, except that it shall be made re- 
turnable to the sitting of the superior court for criminal 
business to be held in the county next after the expiration 
of fourteen days from the time of issuing the notice. The 
superior court shall have jurisdiction of the case, and may 



amended. 



Notice re 
turnable to 



etc 



Acts, 1909. — Chap. 155. ' 109 

proceed therein in the manner directed in sections seventy- 
eight to eighty-one, inclusive, and eighty-three, as nearly 
as may be, and with a jury, upon any issue of facts pre- 
sented by the claimant or directed by the court. 

Approved March 9, 1909. 

An Act relative to the counterfeiting of tickets QJiap.155 

OF ADMISSION TO EXHIBITIONS, CONTESTS AND OTHER 

entertain MENTS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and ^m^nded'' ^ ^' 
nine of the Revised Laws is hereby amended by inserting 
after the word " pass ", in the twenty-second line, the 
words : — or a ticket, badge, pass or any written or 
])rinted license purporting to entitle the holder or owner 
thereof to admission to any exhibition, entertainment, 
performance, match or contest of any kind, — so as to 
read as follows: — Section 1. Whoever, with intent to Forgery of 
injure or defraud, falsely makes, alters, forges or counter- tificates 
feits a public record, or a certificate, return or attestation 
of a clerk or register of a court, public register, notary 
public, justice of the peace, town clerk or any other public 
officer, in relation to a matter wherein such certificate, 
return or attestation may be received as legal proof; or 
a charter, deed, will, testament, bond or writing obli- 
gatory, letter of attorney, policy of insurance, bill of 
lading, bill of exchange or promissory note ; or an order, 
acquittance or discharge for money or other property ; 
or an acceptance of a bill of exchange, or an indorsement 
or assignment of a bill of exchange or promissory note for 
the payment of money; or an accountable receipt for 
money, goods or other property; or a certificate of stock, 
or any evidence or muniment of title to property; or a 
certificate of title, duplicate certificate of title, certificate 
issued in place of a duplicate certificate, the registration 
book, entry book, or any indexes provided for by chapter 
one hundred and twenty-eight, or the docket of the re- 
corder ; shall be punished by imprisonment in the state Penalties, 
prison for not more than ten years or in jail for not more 
than two years. Whoever, with intent to injure or de- 
fraud, falsely makes, alters, forges or counterfeits a rail- 
road ticket, railroad mileage book or railroad pass, or a 



records, cer- 
tificates, 
tickets, etc. 



110 



Acts, 1909. — Chap. 156. 



R. L. 209, § 3, 
amended. 



Uttering, etc., 
forged record, 
deed, ticket, 
etc. 



ticket, badge, pass or any written or printed license pnr- 
porting to entitle the holder or owner thereof to admission 
to any exhibition, entertainment, performance, match or 
contest of any kind, shall be pnnished by imprisonment 
in the state j)rison for not more than three years or in 
jail for not more than two years, or by a fine of not more 
than five hundred dollars. 

Section 2. Section three of said chapter two hundred 
and nine is hereby amended by inserting after the word 
'' pass ", in the eighth line, the words : • — or a ticket, 
badge, pass or any written or printed license purporting 
to entitle the holder or owner thereof to admission to any 
exhibition, entertainment, performance, match or contest 
of any kind, — so as to read as follows : — Section 3. 
AVhoever, with intent to injure or defraud, utters and 
publishes as true a false, forged or altered record, deed, 
instrument or other writing mentioned in the two pre- 
ceding sections, knowing the same to be false, altered, 
forged or counterfeit, shall be punished by imprisonment 
in the state prison for not more than ten years or in jail 
for not more than two years. Whoever, with intent to 
injure or defraud, utters and publishes as true a false, 
forged or altered railroad ticket, railroad mileage book 
or railroad pass, or a ticket, badge, pass or any written 
or printed license purporting to entitle the holder or owner 
thereof, to admission to any exhibition, entertainment, 
performance, match or contest of any kind mentioned in 
section one, knowing the same to be false, altered, forged 
or counterfeited, shall be punished by imprisonment in 
the state prison for not more than three years or in jail 
for not more than two years, or by a fine of not more 
than five hundred dollars. Approved March 9, 1909. 



Chap.156 Ax Act to ixcoeporate the coldbrook cemetery 

ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1. Harry B. Parker, Fred P. Kimball, INfon- 
roe C. Needham, Dwight W. Blake, Lewis B. Sibley, 
Charles O. Babcock, William H. Houghton, Henry W. 
Butterfield and Alonzo M. Biitterfield, their associates 
and successors, are hereby made a corporation by the name 
of the Coldbrook Cemetery Association, for the purpose 



Coldbrook 
Cemetery 
Association 
incorporated. 



Acts, 1909. — Chap. 156. Ill 

of acquiring, liolding, maintaining, improving and en- 
larging for a place of burial of the dead, certain land in 
the town of Barre, containing about half an acre, set 
apart for burial purposes by deed from Hiram S. Har- 
wood to John Smith in the year eighteen hundred and 
forty-nine, and since that time cared for and maintained 
by the Barre Baptist Church, and known as the Coldbrook 
cemetery. The said corporation shall have all the powers 
find 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. 

Section 2. The said corporation is hereby authorized alfcfhoid''reli 
to acquire possession and control of said cemetery, and property?etc. 
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 nothing Proviso, 
herein contained shall affect the individual rights of pro- 
prietors in said cemetery. 

Section 3. Only persons who now are or who here- Membership, 
after become proprietors of lots in said cemetery, whether 
hy 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, in said cemetery, he 
shall cease to be a member of the corporation. 

Section 4. The net proceeds of the sale of lots in Proceeds of 

- , . in' • ^ £ S^'e^ t° ^^ 

the lands of the corporation and all income received irom applied to im- 

, ,^, •.! £ ^ ' ^ ' provements, 

any other source by the corporation, the use oi wnicn is etc. 
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 pur- 
chase of additional 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 que^ts^'e'tc' 
hold any grant, gift or bequest of property in trust or 
otherwise, for the care, protection, embellishment, im- 
provement or extension of its cemetery, or for the care, 
embellishment, 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; 



112 



Acts, 1909. — Chap. 157. 



Officers, 
powers and 
duties, etc, 



and when such gift or bequest is made the said corpora- 
tion may give to the person making the same or to his 
representative an obligation binding the corporation to 
fulfil the terms of the trust. 

Section 6. Said corporation may by its by-laws pro- 
vide for such officers as may be necessary, and may 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 
purposes of the corporation. 

Section 7. This act shall take effect upon its passage. 
Approved March 9, 1909. 



Town of 
Attleborough 
may construct 
a system of 
sewerage, etc. 



Chap.151 An Act to authorize the town of attleborough to 

CONSTRUCT A SYSTEM OF SEWERAGE. 

Be it enacted, etc., as follows: 

Section 1. The tovni of Attleborough is hereby au- 
thorized to lay out, construct, maintain and operate a 
system or systems of main drains and common sewers for 
a part or the whole of its territory, with such connections 
and other works as may be required for a system of sewage 
disposal ; and, for the purpose of providing better surface 
or other drainage, guarding against pollution of waters, 
and otherwise protecting the public health, may lay, make 
and maintain such main drains as it deems best. For 
the purposes aforesaid the town may, within its limits, 
deepen, widen and clear of obstruction any brook, stream 
or water course, and may straighten or alter the channel 
or divert the water thereof, and may lay, make and main- 
tain sub-drains, and, with the approval of the state board 
of health, discharge the water into any brook, stream or 
water course within the town. 

Section 2, The town shall elect a board of three com- 
missioners, to be called sewer commissioners, who shall 
be citizens and residents of the town and shall be elected 
by ballot at an annual meeting of the town, one commis- 
sioner to hold office for one year, one for two years and 
one for three years, respectively, from the date of the 
annual town meeting at which he is elected, and until his 
successor is elected and qualified ; and at each annual 
town meeting thereafter, the town shall elect one member 



Sewer com- 
missioners, 
election, 
terms, etc. 



Acts, 1909. — Chap. 157. 113 

of the board to serve for three years or until his successor 
is elected and qualified. 

Section 3. Said board of commissioners, acting in be- May acquire 
half of the town, shall have power to acquire bv purchase rtghtsretc.'^ 
or otherwise any lands in fee, any water rights, rights 
of way and easements in said town, public or private, 
necessary for any of the purposes mentioned in this act, 
and may construct within the town such main drains and 
sewers under or over any water course, bridge, aqueduct, 
conduit, railroad, railway or way, or within the location 
of any railroad or railway, and may enter upon and dig 
up any private land, street or way, or railroad or railway 
location, for the purpose of laying such main drains and 
sewers, and of maintaining and repairing the same, and 
may do any other thing necessary or proper for the pur- 
poses of this act: 'provided, however, that said commis- Proviao. 
sioners shall not take in fee any land of a railroad 
corporation, and that they shall not enter upon or con- 
struct any drains or sewers within the location of any 
railroad corporation, except at such time and in such man- 
ner as they may agree upon with such corporation, or 
in case of failure to agree, as may be approved by the 
board of railroad commissioners ; and said board of sewer 
commissioners, acting in behalf of the town, shall have 
power to acquire by purchase or otherwise, that part of 
the Henry C. Read farm, so-called, which is located in 
the town of Seekonk, containing about forty-five acres, 
together with the land lying immediately between the said 
farm land and the Ten Mile river, containing about five 
acres, and bounded as follows : — Beginning on the Boundary lines 
southerly side of the highway leading from the residence acquired" ^ 
of the late Henry C. Read, easterly into Seekonk, at the 
stone monument marking the division line between Attle- 
borough and Seekonk, thence southerly by the highway 
about thirty feet to an angle, thence by the highway south 
seven and three fourths degrees west two hundred and 
fifty-one and five tenths feet to a stone bound, thence north 
eighty and three fourths degrees west seven hundred and 
sixty-one feet, thence north eighty-one and three fourths 
degrees west four hundred and twenty-three and five 
tenths feet to a stone bound, thence southerly about six 
hundred and twenty feet, thence easterly about three hun- 
dred and fifty feet, thence southerly about six hundred 



IM 



Acts, 1909. — Chap. 157. 



Description of 
lands, etc., to 
be recorded. 



Damages. 



Town may 
offer a speci- 
fied sum for 
damages, etc. 



feet to the Ten ]\Iile river, thence westerly by the Ten 
Mile river to the westerly line of Seekonk, thence north- 
erly by the westerly line of Seekonk to the southerly line 
of Attleborough, thence easterly by the southerly line of 
Attleborough to the first mentioned corner ; and said 
board shall have authority to construct a sewage disposal 
plant thereon, and to discharge the efHuent therefrom into 
the Ten Mile river. 

Section" 4. Said board, in order to take any land in 
fee, water rights, rights of way or easements, otherwise 
than by purchase or agreement, shall file and cause to be 
recorded in the registry of deeds for the county of Bristol 
a statement signed by a majority of the board, containing 
a description thereof as certain as is required in a convey- 
ance of land, and specifying that the same are taken under 
authority of this act ; and upon such recording title to the 
lands, water rights, rights of way or easements described 
in such statement shall vest in the town of Attleborough, 
which shall pay all damages therefor and all other dam- 
ages sustained by any person or corporation through any 
action of said board under this act. Said board at the 
time of such taking shall notify the owners thereof in 
writing, and may agree with any person or corporation 
injured hereunder, upon the damages sustained by such 
person or corporation; and if the damages are not agreed 
upon a jury in the superior court for said county may 
be had to determine the same, upon petition of either 
party, in the manner provided by law for determining 
the damages for land taken for the laying out of high- 
ways ; but in the case of a taking no suit or petition shall 
be brought after the expiration of two years from the date 
of the recording of the taking as herein provided ; and in 
all other cases no suit or petition shall be brought after 
the expiration of two years from the time when the cause 
of action accrues. 

Section 5. In every case of a petition for the assess- 
ment of damages or for a jury the town may at any time 
file in the office of the clerk of the court an offer in writing 
to pay the petitioner a sum therein specified as damages ; 
and if the petitioner does not accept the same within 
thirty days after notice of such offer, and does not finally 
recover a sum greater than that offered, not including 
interest from the date of the offer on the sum so recovered, 



Acts, 1909. — Chap. 157. 115 

the town shall recover costs from the date of such notice, 
and the petitioner shall be entitled to costs only to such 
date. 

Section 6, The town of Attleborough, for the pur- Attieborough 
pose of paying the necessary expenses and liabilities Loanrict of 
incurred under this act, may incur indebtedness to an 
amount not exceeding three hundred thousand dollars, 
and may issue from time to time therefor bonds or notes; 
and said indebtedness shall not be reckoned in determin- 
ing the statutory limit of indebtedness of the town. Such 
bonds or notes shall bear on their face the words, Attle- 
borough Sewerage Loan, Act of 1909, shall be payable 
within periods not exceeding thirty years from the dates 
of issue, and shall bear interest payable semi-annually at 
a rate not exceeding four per cent per annum. They shall 
be signed by the treasurer of the town and countersigned 
by a majority of the selectmen. The town may from 
time to time sell such securities or any part thereof at 
public or private sale, or pledge the same for money bor- 
rowed for the purposes of this act, provided they shall not 
be sold at less than the par value thereof. The proceeds 
thereof shall be retained in the treasury, and the treasurer 
shall, upon the order of the said board of sewer commis- 
sioners, pay therefrom the expenses incurred for the pur- 
poses aforesaid. 

Section 7. The town shall at the time of authorizing Payment of 
the said loan provide for the payment thereof in such 
annual payments as will extinguish the same within the 
time prescribed by this act ; and when a vote to that effect 
has been passed the amount required thereby, less the 
amount that may be appropriated therefor as provided in 
the following section, shall without further vote be as- 
sessed by the assessors of the town in each year thereafter, 
in the same manner in which other taxes are assessed, 
until the debt incurred by said loan is extinguished. 

Section 8. The receipts from sewer assessments and op^ratlngex- 
from payments made in lieu thereof, and the premium, penses, etc 
if any, received from the sale of bonds or notes issued 
under the authority of this act, shall be applied by the 
board of sewer commissioners to the payment of charges 
and expenses incident to the maintenance and operation 
of said system of sewerage, or to the extension thereof, 
except that the town may apply any part of such receipts 



116 



Acts, 1909. — Chap. 157. 



to the payment of the interest upon notes or bonds issued 
under authority of this act, and not otherwise provided 
for, or to the payment or redemption of such bonds or 
notes, as the town shall by vote determine, and the said 
receipts shall be used for no other purpose. If such re- 
ceipts shall not in any year be sufficient for the purposes 
aforesaid the town shall raise forthwith by taxation, in 
the same manner in which money is raised and appro- 
priated for other town purposes, the balance required 
therefor. 

menrofTo'sts. Section 9. The towu of Attleborough shall determine 
by vote what proportion of the cost of said system or 
systems of sewerage and sewage disposal the town shall 

Proviso. pay: provided, that it shall not pay less than one quarter 

of the whole cost. The remaining cost of the said system 
or systems shall be borne by the owners of the estates situ- 
ated within the territory embraced and benefited thereby, 
upon such equitable rate, proportionate to the benefit de- 
rived, and based upon the measurement of the area of 
the lots, or according to the valuation of the property, 
or in such other legal manner as may be determined by 
the town at a meeting called for that purpose; but no 
estate shall be deemed to be benefited until a sewer is 

Assessments to constructed Capable of receiving the drainage. Assess- 

constitute a ,, . •iiin • t 

lien upon mouts made as herein provided snail constitute a lien 

upon the estates assessed to a depth of one hundred feet 
from the street or way in which the sewer is laid, if such 
estate be of such depth, but if the estate is less than one 
hundred feet in depth, then to the rear of the estate. In 
the case of corner estates abutting on more than one 
sewered street the same area shall not be assessed twice. 

Section^ 10. When in any street or way or part of 
a street or way, public or private, a sewer included in 
any system now constructed or hereafter to be constructed, 
is finished and ready for use, the board of sewer commis- 
sioners shall file a certificate with the town collector, 
designating the street or way or part thereof in which 
the sewer has been finished, and setting forth the names 
of the owners of the estates abutting and benefited, and 
the amount of the assessment and charge to be paid by 
each, and referring to a plan on file in the town clerk's 
office, or in the office of the board of sewer commissioners, 
which plan shall show the frontage, the name of the 



estates, etc. 



Payment of 



Acts, 1909. — Chap. 157. 117 

owner, the amount of assessment of each estate abutting 
and benefited by the said sewer on said street or Avay. 
The collector shall upon receipt of such certificate make 
a demand in writing for the payment of such assessment 
or charge, and every owner shall within three months 
after such demand is served upon him or upon the occu- 
pant of such estate, or sent by mail to the last address of 
the owner known to the collector, pay to the town col- 
lector the sum so assessed or charged: provided, that said Proviso, 
board shall on the written request of any owner, made 
within three months, apportion such assessment or charge 
into such a number of equal parts or instalments, not ex- 
ceeding ten, as the OAvner shall designate in such request, 
and they shall specify such apportionment to the assessors. 
Interest from the date of such apportionment at the rate 
of five per cent per annum shall be added to each of such 
assessments or charges until they are paid, and one of 
such parts or instalments shall be added by the assessors 
to the annual tax of such estates for each year next en- 
suing until all such parts have so been added, unless paid 
before, as hereinafter provided. Nothing herein shall be 
construed to prevent the payment at any time in one pay- 
ment, notwithstanding its prior apportionment, of any 
remainder of any assessment or charges then remaining 
unpaid, but interest on such balance at the rate of five 
per cent per annum shall be paid to the date of such pay- 
ment, and thereupon the town collector shall receive the 
same and certify such payment or payments to the 
assessors, who shall preserve a record thereof. 

Section 11. The assessment or charge aforesaid shall 
constitute a lien upon the estate, which shall continue for lien upon 

J- ^ ^ ^ ^ pstat.p. pti 

two years after the said certificate is made and filed, and 
after the demand aforesaid is made, or in case of appor- 
tionment, until the expiration of two years from the time 
when the last instalment is committed to the collector. 
Said assessment, together with interest at the rate of five 
per cent per annum with incidental cost and expenses, 
may be levied by the sale of such estate, or so much thereof 
as shall be sufficient to discharge the assessment and in- 
terest and intervening charges, if the assessment is not 
paid within three months after the service of said notice, 
or, if it has been apportioned, within three months after 
any portion has become due. Such sale and all proceed- 



Assessments 
to constitute 



estate, etc. 



118 



Acts, 1909. — Chap. 15^ 



Person ag- 
grieved may 
apply for a 
jury, etc. 



Clerk and su- 
perintendent, 
appointment, 
etc. 



Commissioners 
may make 
rules, etc. 



ings connected therewith shall be conducted in the same 
manner in which sales for the non-payment of taxes are 
conducted, and real estate so sold may be redeemed in the 
same manner as if it were sold for the non-payment of 
taxes. Such assessments or parts thereof may also be 
collected by an action of contract in the name of the town 
of Attleborough against the owner of such estate, brought 
at any time within two years after the same has become 
due. 

Section 12. Any person aggrieved by such assessment 
may at any time within three months after the service of 
the demand mentioned in section eight of this act apply 
to the suj^erior court for said county for a jury to revise 
the same, but before making such application he shall give 
to said commissioners fourteen days' notice in writing, 
and shall therein specify particularly his objection to the 
assessment, to which specification he shall be confined in 
his hearing before a jury. 

Section 13. Said board of sewer commissioners shall 
annually appoint a clerk, and may appoint a superin- 
tendent of sewers, who shall not be a member of the 
board, and may remove said clerk or superintendent at 
its pleasure, and may fix the pay of the clerk and super- 
intendent, and define their duties. The compensation of 
the commissioners shall be fixed by the town. 

Section 14. All contracts made by the said board of 
sewer commissioners shall be made in the name of the 
town and shall be signed by the board, but no contract 
shall be made or obligation incurred by the commissioners 
for any purpose in excess of the amount of money appro- 
priated by the town therefor. 

Section 15. Said commissioners may from time to 
time prescribe rules and regulations for the connection of 
estates and buildings with main drains and sewers, and 
for inspection of the materials, the construction, altera- 
tion and use of all connections and drains entering into 
such main drains or sewers, and may impose penalties 
not exceeding twenty dollars for each violation of any 
such rule or regulation. Such rules and regulations shall 
be published not less than once a week for three succes- 
sive weeks in some newspaper published in the town of 
Attleborough, if there be any, and if not, then in some 



Acts, 1909. — Chap. 158. 119 

newspaper published in the county of Bristol, and shall 
not take effect until such publication has been made. 

Section 16. No act shall be done under authority of Plans to be 

, , . . . , , . » "^ approved by 

the preceding sections, except m the making oi surveys state board of 

and other preliminary investigations, until the plans for 

the said system of sewerage have been approved by the 

state board of health. Upon application to said board for 

such approval the board shall give a hearing, after due 

notice to the public. At such hearing plans showing in 

detail all the work to be done in constructing said system 

of sewerage shall be submitted for the approval of the 

state board of health. 

Section 17. Until said board of sewer commissioners Town may 
shall have been elected as provided in this act the town co^u-uctfon. 
may carry on the construction of the system of sewerage 
by a duly authorized committee of the town, but for a 
period not longer than until the annual meeting next but 
one after the commencement of said work of construction- 
Said committee shall serve without pay and shall have all 
the powers and authority given to the board of sewer com- 
missioners in this act or by the general laws relating to 
boards of sewer commissioners. 

Section 18. This act shall take effect upon its pas- when to take 
sage, but no expenditure shall be made and no liability ^ ^^^' 
incurred hereunder until this act has been accepted by 
vote of a majority of the voters of said town voting thereon 
at a legal meeting called for the purpose. 

Approved March 10, 1909. 

An Act to authokize the boston protective depart- (JJidr) 158 

MENT TO HOLD ADDITIONAL REAL AND PERSONAL PROP- 



Be it enacted, etc., as folloivs: 

Section 1. The Boston Protective Department is The Boston 
hereby authorized to acquire by purchase, devise or other- Dep*art*me^nt 
vvise, and to hold real and personal property for the use ™'d'p''e°rstnar' 
of said corporation, to an amount not exceeding two hun- property, etc. 
dred and fifty thousand dollars, and may sell and convey 
any part thereof, subject to the laws of the commonwealth. 

Section 2. This act shall take effect upon its passage. 
Approved March 10, 1909. 



120 



Acts, 1909. — Chap. 159. 



Lynn Police 
Relief Associ- 



Not to be 
subject to 
certain provi- 
sions of law, 
etc. 



Chcqy.l^Q An Act to incorporate the lynn police relief 

ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1. John A. Garney, Timothy Lee, William 
II. Kane, John T. Curry, James H. Broad and Loring 
Burrill, their associates and successors, all of whom shall 
be members of the police department of the city of Lynn, 
are hereby made a corporation, by the name of the Lynn 
Police Belief Association, for the purpose of assisting 
the families of deceased members of said association, and 
the members thereof when sick and disabled, or upon the 
decease of their wives ; with all the powers and privileges 
and subject to all the liabilities, duties and restrictions 
set forth in all general laws now or hereafter in force re- 
lating to such corjiorations, except as is otherwise herein 
provided. 

Section 2. The said Lynn Police Relief Association 
shall not be subject to the provisions of chapter five hun- 
dred and seventy-six of the acts of the year nineteen hun- 
dred and seven, nor to the provisions of chapters one 
hundred and nineteen and one hundred and twenty of 
the Revised Laws, and acts in amendment thereof, nor 
shall the said association be summoned as trustee in any 
action or process against any person who may hereafter 
be entitled to assistance from said association under the 
by-laws thereof or under the provisions of this act. 

Section 3. The beneiits to accrue by reason of the 
decease of members of the said association may be paid, 
in such manner as the by-laws shall provide, to the wife, 
child, child by legal adoption, parent, parent by legal 
adoption or persons named in the benefit certificate: pro- 
vided, hoivcver, that when all the persons who might have 
a legal claim for support against a member have died or 
have ceased to have such claim, then, with the approval 
of the officers of the said association, and subject to such 
rules as they may prescribe, any other person or any 
charitable or educational or religious corporation may be 
named as beneficiary. 

Section 4. Said association, for the purposes afore- 
said, shall have power to receive gifts, grants, devises and 



Payment of 
benefits. 



Gifts, be- 
quests, etc. 



Acts, 1909. — Chaps. 160, 161. 121 

bequests, and may bold real and personal estate to an 
amount not exceeding one bundred tbousand dollars. 

Section 5. Tbis act sball take effect upon its passage. 
Approved March 10, 1909. 



Chaj^.lGO 



tain mortgages, 



An Act to require marginal references on the 
records of certain mortgages. 

Be it enacted, etc., as follows: 

Section 1. Wben an assignment, extension, partial ^enceTto be 
release, release, or discbarge of a recorded mortgage of ^^^f^^^ ^^j. 
land, or a certificate of tbe taking or surrender of pos- 
session for foreclosure of sucb a mortgage, or an affidavit 
of notice of sale under a power of sale under sucb a mort- 
gage, or an execution for possession of tbe premises con- 
veyed by sucb a mortgage or any otber instrument 
purporting to affect sucb a mortgage, is recorded, and it 
contains a reference by book and page to tbe record of 
tbe mortgage, tbe register sball enter upon tbe margin 
of tbe record of sucb mortgage, if recorded in tbe same 
registry, a note of reference to tbe record of sucb assign- 
ment, extension, partial release, release, or discbarge, 
certificate, affidavit, execution, or otber instrument, and 
sball be entitled to receive tberefor twenty-five cents. 

Section 2. Tbis act sball take effect upon its passage. 
Approved March 10, 1909. 



ChcqiMl 



An Act to permit the town of hyde park to dispose 
of sewage from a certain parcel of land in 

MILTON. 

Be it enacted, etc., as follows: 

Section 1. Tbe selectmen of tbe town of Hyde Park ?°;^"^1^^'^^ 
mav enter into an agreement witb Jennie B. Humpbrey dispose of 

', . S 1 » T T 1 e- c sewage from 

or ber successors in title, for tbe disposal oi sewage from pertam land 
land in Milton now owned by said Humpbrey and may 
permit said Humphrey or ber successors in title to make 
sucb connections witb tbe sewers now or hereafter to be 
constructed by said town as may be required for such dis- 
posal, upon such terms and conditions as may be agreed 
upon from time to time between said board of select- 



122 



Acts, 1909. — Chaps. 162, 163, 164. 



men and said Jennie B. Hnmphrey or her successorvS in 
title. 

Sectioiv 2. This act shall take effect upon its passage. 
Approved March 11, 1909. 



Removal of 
remains in 
Mingo ceme- 
tery in city 
of Fall River. 



Chap.162 An Act to authorize the removal of remains in 

MINGO CEMETERY IN THE CITY OF FALL RIVER. 

Be it enacted, etc., as follows: 

Section 1. The city of Fall River is hereby author- 
ized to remove the remains of the bodies lying in Mingo 
cemetery, situated on the north side of Pleasant street, 
in the said city, and bounded northerly by land of the 
city, easterly by land of David Ouellette, southerly by 
Pleasant street, and westerly by other land of the city, 
and to bury the said remains in Oak Grove cemetery in 
the said city, at its own expense ; and thereafter the land 
in Mingo cemetery heretofore used for cemetery purposes 
may be used for other purposes. 

Section 2. This act shall take effect upon its passage. 
Approved March 13,, 1909. 



Chap.163 An Act to confirm the acts of those persons who 

HAVE ASSUMED TO ACT AS THE TRUSTEES OF THE EAST 
SUDBURY MINISTERIAL FUND. 

Be it enacted, etc., as follows: 

Section 1. The acts of those persons who have as- 
sumed to act as the Trustees of the East Sudbury Minis- 
terial Fund are hereby confirmed and made valid, to the 
same extent as if they had been such trustees. 

Section 2. This act shall take effect upon its passage. 
Approved March 13, 1909. 



Acts of cer- 
tain persons 
as Trustees of 
the East Sud- 
bury Minis- 
terial Fund 
confirmed. 



Chap.\Q4: An Act to confirm certain acts of the first parish 

IN WAYLAND, AND TO CHANGE THE NAME OF THE FIRST 
PARISH IN EAST SUDBURY. 



Certain acts 
of the First 
Parish in 
Wayland 
confirmed. 



Be it enacted, etc., as follows: 

Section 1. Such of those acts, recorded as acts of the 
First Parish in Wayland or of the officers thereof, as 
would have been legal and valid if they had been acts of 
the First Parish in East Sudbury or of the officers thereof 
are hereby confirmed and made valid. 



Acts, 1909. — Chaps. 165, 166. 123 

SECTIo:^f 2. The name of the First Parish in East Name changed. 
Sudbury is hereby changed to the First Parish in Way- 
land. 

Section 3. Those persons who at the time of the pas- Membership, 
sage of this act shall be members or legal voters of the 
First Parish in East Sudbury shall be members or legal 
voters, respectively, of the First Parish in Wayland. 

Section 4. All property, rights and privileges of the Property, etc.. 
First Parish in East Sudbury shall, from and after the Firsrparish 
passage of this act, be vested in the First Parish in Way- 
land. 

Section 5. This act shall take effect upon its passage 
Approved March 13, 1909. 



Wayland. 



Chap. 165 



An Act relative to the sum allowed the clerk of 
the supreme judicial court of the commonwealth 
for clerk hire. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-three of chapter one hun- r. l. i65, § 33, 
dred and sixty-five of the Eevised Laws is hereby '''^'''"^^'^■ 
amended by adding at the end thereof the words : — pro- 
vided, that, in case the office of assistant clerk is not filled, 
the clerk of the court shall receive eight hundred dollars 
a year for clerk hire, — so as to read as follows : — Sec- cierk and as- 
tion 33. The clerk of the court for the commonwealth o'/supreme'' 
shall receive from the commonwealth an annual salary salaries Ttc'^*' 
of three thousand dollars, and five hundred dollars a year 
for clerk hire, and the assistant clerk shall receive from 
the commonwealth an annual salary of fifteen hundred 
dollars: provided, that, in case the office of assistant clerk proviso, 
is not filled, the clerk of the court shall receive eight 
hundred dollars a year for clerk hire. 

Section 2. This act shall take effect upon its passage. 
Approved March 13, 1909. 

An Act to authorize the appointment of a special /^/i/yrilfifi 

JUDGE OF probate AND INSOLVENCY IN EACH OF THE ^ 
COUNTIES OF FRANKLIN AND HAMPSHIRE. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and iQos. 110, § 1, 

. iiii'i' amended. 

ten 01 the acts 01 the year nineteen hundred and eight is 
hereby amended by inserting after the word " Berkshire ", 



124 Acts, 1909. — Chaps. 167, 168. 

in the second line, the words : — Franklin, Hariipshire, — 
Special judges SO as to read as follows: — Section 1. A special judge 
hiso^encyln of probate and insolvency shall be appointed in each of 
countfes, ap- the countics of Berkshire, Franklin, Hampshire and 
pointment, etc. Hampden, who may perform the duties of the judge of 
probate and insolvency in the county for which he is ap- 
pointed, in cases of vacancy in office, sickness, disability 
on account of interest of such judge, or whenever the 
judge in a writing filed with the register requests the 
special judge to perform his duties ; or, in case of the ab- 
sence of the judge from the county, whenever the register, 
in a writing certifying such absence, shall so request. 
Section 2. This act shall take effect upon its passage. 
Approved March 13, 1909. 



Chap.167 An Act relative to sergeants of the first class and 

SERGEANTS OF THE HOSPITAL CORPS OF THE MILITIA. 

Be it enacted, etc., as follows: 
1908 604, § 79, Section 1. Scctioii scventy-niue of chapter six hun- 
dred and four of the acts of the year nineteen hundred 
and eight, which provides that sergeants of the first class 
and eight sergeants of the hospital corps shall have the 
qualifications prescribed for a medical officer, or shall be 
registered as pharmacists, is hereby repealed. 

Section 2. This act shall take effect upon its passage. 
Approved March 13, 1909. 



Chap.lGS An Act relative to the proprietors of the second 

CONGREGATIONAL CHURCH IN LYNN. 

Be it enacted, etc., as follows: 
The Proprie- Section 1. The Proprietors of the Second Conc:rega- 

tors of the i ^, i • t • i t i i i~ 

Second Con- tioual Church m Lynn, a corporation established by an 
ch^ufchTn'' act approved June fourteenth, eighteen hundred and 
hold" etc.y real twenty-thrce, is hereby authorized to acquire, hold and 
property?eti. manage such property, both real and personal, as may 
be necessary for its objects, to an amount not exceeding 
two hundred and fifty thousand dollars. 
Membership. Section 2. Said Corporation may, by vote at a meet- 

ing of the proprietors duly called, provide for the admis- 
sion as members of the corporation of such persons other 



Acts, 1909. — Chaps. 169, 170. 125 

than those owning pews in the meetinghouse of the cor- 
poration, as it may deem fit. 

Section 3. This act shall take effect upon its passage. 
Approved March 13, 1909. 

An Act relative to the Nashua keservoik company. Q]iq^ \i^<^ 
Be it enacted, etc., as follows: 

Section 1. Section two of chapter fifty-eight of the i842, 58, § 2, 
acts of the year eighteen hundred and forty-two is hereby ^™^'^^^^- 
amended by striking out the word " ten ", in the fifth 
line, and inserting in place thereof the words : — one hun- 
dred, — and by striking out the word " two ", in the 
seventh line, and inserting in place thereof the words : — 
one hundred, — so as to read as follows : — Section 2. The Nashua 
Said corporation are hereby authorized to make and con- Comi^nymay 
struct all necessary dams, gates and trenches for the pur- personal ^" 
pose aforesaid, and may purchase and hold real estate to ®^*'^*^' ^^*'- 
such extent as may be necessary for such purposes, not 
to exceed in amount one hundred thousand dollars, and 
may hold personal estate for the purpose aforesaid, not 
exceeding one hundred thousand dollars: provided, never- Proviso. 
theless, that nothing in this act contained shall impair or 
change, without their consent, the rights of any indi- 
vidual or individuals, other than the petitioners. 

Section 2. This act shall take effect upon its passage. 
Approved March 13, 1909. 

An Act relative to the compensation of members (Jj^njy YiQ 
of the militia who are injured in the discharge ^' 

OF their duty. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and ninety-eight of l^j'l^^^'*' 
chapter six hundred and four of the acts of the year nine- amended, 
teen hundred and eight is hereby amended by inserting 
after the word " receive ", in the eleventh line, the words : 

— such compensation as shall be fixed by a board ap- 
pointed to inquire into his claim, not exceeding in amount, 

— so as to read as follows : — Section 198. A member of pj;'^P?;;'rt8'*to 
the volunteer militia or of the naval brigade who shall, ^{^^^''1°^ ^^^ 
when on duty or when assembled therefor under the pro- 
visions of sections one hundred and forty-one, one hun- 



126 Acts, 1909. — Chap. 171. 

dred and forty-two, one hundred and fifty-one, one 
hundred and fifty-two, or one hundred and sixty, receive 
any injury, by reason of such duty or assembly, or who 
shall without fault or neglect on his part be wounded or 
disabled while ])erforming any such lawfully ordered 
duty, which shall temi^orarily incapacitate him from pur- 
suing his usual business or occupation, shall, during the 
period of such incapacity, receive such compensation as 
shall be fixed by a board appointed to inquire into his 
claim, not exceeding in amount the pay provided for by 
this act and actual necessary expenses for care and medi- 
investigation cal attendance. All claims arising under this section shall 
be inquired into by a board of three officers, at least one 
being a medical officer, to be appointed by the com- 
mander-in-chief upon the application of the member mak- 
ing the claim. Such board shall have the same power to 
take evidence, administer oaths, issue subpoenas and com- 
pel witnesses to attend and testify and produce books and 
papers, and punish their failure to do so, as is possessed 
by a general court-martial. The findings of the board 
shall be subject to the approval of the commander-in-chief. 
The amount found due such member by said board, to 
the extent that its findings are approved by the com- 
mander-in-chief, shall be a charge and shall be paid in 
like manner as other military accounts are paid. 

Section 2. This act shall take effect upon its passage. 
Approved March 13, 1909. 

Chap.171 An Act relative to the indebtedness of the city 

OF NEW BEDFORD FOR A BUILDING FOE AIUNICIPAL 
PURPOSES. 

Be it enacted, etc., as folloivs: 
1907, 352 § 1 Section 1. Section one of chapter three hundred and 

etc., amended. i. ^ ci • iiii 

fiity-two of the acts oi the year nineteen hundred and 
seven, as amended by chapter one hundred and forty-one 
of the acts of the year nineteen hundred and eight, is 
hereby further amended by striking out the words " three 
hundred thousand ", in the fifth line, and inserting in 
the place thereof the words : — three hundred and eighty- 
five thousand, — so as to read as follows: — Section 1. 
Section one of chapter three hundred and fifty-two of 
the acts of the year nineteen hundred and seven is hereby 



Acts, 1909. — Chap. 172. 127 

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 city of Xew Bedford, for >few Bedford 
the purpose of acquiring a suitable site and for construct- Bunduifg Loan, 
ing thereon a building for municipal purposes, and for ^•=*°^^^0/. 
equipping the same, may incur indebtedness to an amount 
not exceeding three hundred and eighty-five thousand 
dollars, and may issue bonds, notes or scrip therefor, to 
be denominated on the face thereof, l!^ew Bedford Munic- 
ipal Building Loan, Act of 1907. Such bonds, notes or 
scrip shall be signed by the treasurer of the city and coun- 
tersigned by the mayor. They shall be payable at the 
expiration of periods not exceeding twenty years from 
the dates of issue, shall bear interest at a rate not ex- 
ceeding four and one half per cent per annum, and shall 
not be reckoned in determining the statutory limit of 
indebtedness of the city. The city may sell such securi- 
ties 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 Proviso, 
shall not be sold or pledged for less than their par value. 
Section 2. This act shall take effect upon its passage. 
Approved March 15, 1909. 



An Act relative to the indebtedness of the city n^ny. 1 ^o 

OF NEW BEDFORD FOR RECONSTRUCTING ITS CITY HALL 
AS A PUBLIC LIBRARY BUILDING. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and i907, 353, § i. 

nr ^ e 1 r ^ • etc., amended. 

iifty-three 01 the acts of the year nineteen hundred and 
seven, as amended by chapter one hundred and forty of 
the acts of the year nineteen hundred and eight, is hereby 
further amended by striking out the words "' two hundred 
thousand ", in the sixth line, and inserting in place thereof 
the words : — two hundred and seventy-five thousand, — 
so as to read as follows: — Section 1. Section one of 
chapter three hundred 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 inserting after the word " four ", 
in the thirteenth line, the words : — and one half, — so 



128 



Acts, 1909.— Ciiap. 173. 



New Bedford 
Library Loan, 
Act of 1907. 



as to read as follows: — Section 1. The city of ISTew Bed- 
ford, for the purpose of repairing, altering and recon- 
structing its existing city hall so as to adapt it for use 
as a public library, and for the purpose of equipping the 
same with the necessary furnishings of a public library, 
may incur indebtedness to an amount not exceeding two 
hundred and seventy-five 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 treas- 
urer of the city and countersigned by the mayor, shall 
be payable at the expiration of periods not exceeding 
tAventy years from the dates of issue, and shall bear in- 
terest at a rate not exceeding four and one half per cent 
per 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: 
provided, 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 March 15, 1909. 



Chap.ViS An Act relative to the purchase of gas a.nd elec- 
tricity BY CERTAIN CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

frtcify may be Section 1. A city or towu which has acquired a plant 
purchased by fQj. ^j^g mauufacturc or distribution of gas may purchase 

certain cities . ^ ~ '^ . 

and towns. gas f rom another city or town or from any corporation 
manufacturing gas; and a city or town which has ac- 
quired a plant for the manufacture or distribution of 
electricity may purchase electricity from another city or 
town or from any corporation manufacturing electricity. 
Repeal. Section 2. Scctiou eighteen of chapter thirty-four of 

the Kevised Laws is hereby repealed. 

Section 3. This act shall take effect upon its passage. 
Approved March 16, 1909. 



Acts, 1909. — Chaps. 174, 175. 129 



An Act relative to certain employees in the de- (JhavAHi: 

PARTMENT OF THE SERGEANT-AT-ARMS. 

Be it enacted, etc., as follows: 

Section 1. The sergeant-at-arms may employ in his Sergeant-at- 
department a clerk who shall have charge of the legis- an™mes^sen- 
lative document room, at a salary of fourteen hundred mentfefc?"'*' 
dollars a year ; a clerk in his office who shall have charge 
of the supplies, the filling of requisitions and other mat- 
ters of that nature, at a salary of fourteen hundred dollars 
a year; and two messengers at a salary of twelve hun- 
dred dollars a year each. 

Section 2. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Section 3. This act shall take effect upon its passage. 
Approved March 16, 1909. 

An Act to authorize advance apportionments upon riji^j^ 1 75 

THE CITIES OF BOSTON AND CAMBRIDGE FOR THE PUR- ' 

POSE OF MEETING CERTAIN EXPENSES OF THE CHARLES 
RIVER BASIN. 

Be it enacted, etc., as follows: 

In the year nineteen hundred and nine, and in each ^entof w'rtain 
year thereafter until an apportionment shall have been charf ^^riv^ r*^^ 
made under authority of section nine of chapter four basin, 
hundred and sixty-five of the acts of the year nineteen 
hundred and three, as amended by section two of chapter 
four hundred and two of the acts of the year nineteen 
hundred and six, the treasurer and receiver general shall 
apportion to the cities of Boston and Cambridge such part 
of the amounts required to meet the interest and sinking 
fund requirements for the amounts expended by the com- 
monwealth under said chapter four hundred and sixty- 
five, as amended, as he shall deem just and equitable, and 
the amounts so apportioned shall be paid by said cities 
into the treasury of the commonwealth as a part of their 
state taxes. The apportionment made under the provi- 
sions of this act shall not be taken as a precedent and shall 
in no way affect the apportionment to be made under said 
section nine as amended. The payments made hereunder 
shall be adjusted by the treasurer and receiver general 



130 Acts, 1909. — Chap. 176. 

in the assessment first made after the apportionment 
under said section nine by a deduction therefrom or by 
an addition thereto, so as to give effect to the apportion- 
ment made under said section nine. 

Approved March 18, 1909. 



Chap.VJQ An Act relative to the methuen water company. 
Be it enacted, etc., as follows: 

Certain^ac^s of Section 1. The purchasc of the franchise, property, 

Methuen rights and privileges of the Methuen Water Company by 

the town of Methuen, and the transfer and conveyance 
thereof by said corporation to said town is ratified and 
confirmed. The rights, powers, privileges and authority 
previously conferred upon and granted to said Methuen 
Water Company by the act to which this act is in addi- 
tion are hereby granted to and vested in said town, sub- 
ject to the conditions, provisions, duties and liabilities 
in said act contained, except as herein otherwise provided. 
The acts of said town and its agents in execution of the 
purposes of the act to which this act is in addition, so 
far as the same may appear to be invalid from any want 
of authority on the part of said town, are authorized, 
ratified and confirmed. 

Same subject. Section 2. The acts of said town in the taking and 
withdrawal of water, from sub-soil sources, by means of 
certain driven wells, so-called, driven upon land pur- 
chased by said town by deeds dated January 31, 1896, 
February 6, 1896, and October 17, 1902, and recorded 
with north district Essex deeds, book 153, page 539, book 
170, page 290, book 200, page 135, so far as the same 
may appear to be invalid from any want of authority on 
the part of said town, or for failure to file a certificate 
or certificates of taking in the registry of deeds for the 
northern district of the county of Essex, as provided by 
chapter three hundred and ten of the acts of the year 
eighteen hundred and ninety-two, are authorized, ratified 
and confirmed. The right to withdraw by means of driven 
wells, so-called, from sub-soil sources, all water found 
within the premises described in said deeds is hereby 
granted to and vested in said town, but the granting and 
vesting of such right shall not be construed to limit the 



Acts, 1909. — Chap. 177. 131 

rights, powers, privileges and authority previously con- 
ferred upon, and granted to said town by this act and 
the act to which this act is in addition. 

Section 3. The said town shall pay all damages sus- Damages, 
tained by any person or corporation, in property, by the 
withdrawal by said town of water from said above men- 
tioned premises, under the authority of this act. Any 
person or corporation sustaining damages, as aforesaid, 
by such withdrawal of water, who fails to agree with said 
town as to the amount of damages sustained, may have 
the damages assessed and determined in the manner pro- 
vided by law when land is taken for the laying out of 
highways, on application at any time within a period of 
one year from the acceptance of this act by the said town, 
but no damages shall be assessed in such proceeding which 
would have been barred had this act not been passed. 

Section 4. This act shall take efPect upon its accept- when to take 
ance by said town at any meeting legally called for such ^ ^'^ ■ 
purpose. Approved March 18, 1909. 



An Act relative to the use and care of water (^^^^ yrn 

METERS IN THE CITIES AND TOWNS OF THE METROPOLI- 
TAN WATER DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter five hundred and i^^^- ?-i' 5 3. 

• 1111 amended. 

twenty-four of the acts oi the year nineteen hundred and 
seven is hereby amended by striking out the last sentence 
and inserting in place thereof the following : — It shall 
be the duty of the metropolitan water and sewerage board 
to supervise and promote the enforcement of the provi- 
sions of this act, and if any city, town, district or cor- 
poration violates or neglects in any respect to comply with 
the provisions hereof, said board shall forthwith give 
written notice of such violation or neglect, together with 
the facts relative thereto, to the attorney-general for his 
action in the premises. The supreme judicial court shall 
have jurisdiction, upon an information in equity filed 
by the attorn ej'-general, to enforce all the terms and pro- 
visions of this act, — so as to read as follows: — Section careandmain- 
3. Meters shall receive the necessary care and mainte- wat^r*^meter3, 
nance to secure proper efficiency and shall be tested or ^**^- 



132 



Acts, 1909. — Chap. 177. 



1907. 524, 
amended. 



Penalties for 
refusal to in- 
stall water 
meters. 



When to take 
effect. 



replaced by the city, town, district or water company 
whenever there is reason to believe that the records fur- 
nished by them are inaccurate, or w^henever the service 
furnished is in other respects inefficient. Cities, towns, 
districts and cor23orations may make rules and regulations 
relative to the care, maintenance and protection of meters, 
and for properly ascertaining and recording the amount 
of water actually used during specified periods by each 
water consumer. It shall be the duty of the metropolitan 
water and sewerage board to supervise and promote the 
enforcement of the provisions of this act, and if any city, 
town, district or corporation violates or neglects in any 
respect to comply with the provisions hereof, said board 
shall forthwith give written notice of such violation or 
neglect, together with the facts relative thereto, to the 
attorney-general for his action in the premises. The su- 
preme judicial court shall have jurisdiction, upon an 
information in equity filed by the attorney-general, to 
enforce all the terms and provisions of this act. 

Section 2. ,Said chapter five hundred and twenty- 
four is hereby further amended by striking out section 
four and inserting in place thereof the following : — 
Section Jf. If a city, town, district or corporation in any 
year neglects or refuses to comply with the provisions of 
section one, it shall forfeit to the commonwealth for the 
use of the metropolitan water district not less than twenty 
dollars and not more than one hundred dollars for each 
day after the expiration of said year during which such 
violation or neglect continues. The penalties or for- 
feitures which may be incurred hereunder may be re- 
covered in an action of contract brought in the county 
of Suffolk in the name of the commonwealth, or may be 
recovered by an information in equity in the name of 
the attorney-general at the relation of the metropolitan 
water and sewerage board, brought in the supreme judicial 
court for the county of Suffolk. 

Section , 3. Section one of this act shall take effect 
upon its passage, and section two shall take effect on the 
first day of January, nineteen hundred and ten. 

Approved March 18, 1909. 



Acts, 1909.— Chap. 178. 133 



An Act relative to the expenditures of the school (JJidjy 278 

COMMITTEE OF THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. The school committee of the city of Lynn School com- 
shall forthwith after the passage of this act, and on or tomTke; "^°° 

' - - ' ' propriatii 

for the support 



of publi 



etc. 



before the first day of February in each year thereafter, fjop'-'ations 
by vote of a majority of all of its members, taken by ^ .oas 
and nays, make appropriations for the support of the 
public schools of said city for the financial year, includ- 
ing repairs and alterations of school buildings and any 
pensions payable by law to school teachers. Such appro- 
priations shall be made by items specifying the purpose 
for which the money is to be expended. Such appro- 
priations shall be included within the tax limit of said 
city for municipal purposes as now established by law, 
and shall not exceed in the aggregate, for the financial 
year ending on the nineteenth day of December in the 
year nineteen hundred and ten, the sum of four dollars 
and ninety cents iq^on each one thousand dollars of the 
valuation of the taxable property in said city as ascer- 
tained under the provisions of law limiting the rate of 
taxation in said city, and for the financial year ending 
on the nineteenth day of December in the year nineteen 
hundred and eleven, and for each financial year thereafter, 
the sum of five dollars upon each one thousand dollars 
so ascertained for the maintenance of the school depart- 
ment as aforesaid ; and any vote or appropriation re- 
quiring a larger assessment than that above sj)ecified shall 
be void, and said school committee shall have no authority 
to incur any liability or make any expenditure in excess 
of such appropriations, anything in any statute to the 
contrary notwithstanding. The city council of said city 
of Lynn shall, however, have authority to increase said 
appropriation for the financial year of nineteen hundred 
and ten by an amount not exceeding ten cents for each 
one thousand dollars of the said valuation, but the said 
city council shall not have authority either in the year 
nineteen hundred and ten, or thereafter, to increase said 
appropriation to an amount in excess of five dollars for 
each one thousand dollars of said valuation, except for 
]>ermanent schoolhouse improvements. The said school 



134: 



Acts, 1909. — Chap. 178. 



Votes of school 
committee to 
have same 
effect as orders 
or votes of city 
council, etc. 



Amount 
appropriated 
to be certified 
to assessors, 
etc. 



Une.xpendeJ 
balance to be 
added to 
amount 
appropriated 
for next 
ensuing year. 



Repeal. 



Act to be 
submitted to 
voters. 



committee shall, in addition to the amounts aforesaid, 
have the power to expend such amounts as it may receive 
from tuition charges, the sale of text books and from other 
miscellaneous sources, and also any amounts received by 
the city of Lynn as insurance for the partial destruction 
of school buildings, or furnishings, or supplies, which last 
named amounts shall in all cases be expended for specific 
repairs or restoration of the property on account of which 
they are received. 

Section 2. The school conunittee may from time to 
time transfer such amounts as it may deem necessary from 
one item to another. The votes of the school committee 
making appropriations or transferring money from one 
item to another shall have the same force and effect as 
orders or votes of the city council appropriating money, 
and shall be subject to the same provisions of law in re- 
spect to approval by the mayor, except that a vote of three 
fourths of all the members of the school committee, taken 
by yeas and nays, shall be necessary to pass any such 
appropriation over the veto of the mayor. 

Section 3. The aggregate amount appropriated as 
hereinbefore provided shall be certified by the secretary 
of the school committee to the board of assessors, and shall 
be included by the assessors in the amount to be raised 
by taxation in the city for that year. 

Section 4. Any balance of an appropriation so made 
by the school committee remaining unexpended at the 
close of any financial year, and not needed to carry out 
the requirements of any statute or special appropriation, 
shall be added to the amount which the committee may 
appropriate, as herein authorized, for the financial year 
next ensuing. 

Section 5. Section fifty of chapter three hundred and 
sixty-seven of the acts of the year nineteen hundred, and 
so much of any other act as is inconsistent herewith are 
hereby repealed. 

Section 6. This act shall be submitted to the voters 
of the city of Lynn at the annual state election held in 
November, nineteen hundred and nine, 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 nineteen 
hundred and nine, being, " An Act relative to the expendi- 
tures of the school committee of the citv of Lvnn ", be 



Acts, 1909. — Chap. 179. 135 

accepted ? and if a majority of the voters voting thereon 
shall vote in the affirmative this act shall take effect. 

Section 7. So much of this act as authorizes its sub- When to take 
mission to the voters of the said city shall take effect upon 
its passage, but it shall not take further effect until ac- 
cepted by the voters of the city as herein provided. 

Approved March 18, 1909. 



Chap.179 



An Act to authorize the city of fall river to incur 
indebtedness, beyond the limit fixed by law, for 
school purposes. 

Be it enacted, etc., as follows: 

Section 1. The city of Fall Kiver, for the purpose of fchoS'Loan. 
purchasing land and constructing school buildings thereon, A"^*- °^ ^^o^- 
may incur indebtedness to an amount not exceeding two 
hundred and twenty-five thousand dollars, and may issue 
bonds, notes or scrip therefor, to be denominated on the 
face thereof, Fall River School Loan, Act of 1909. Such 
bonds, notes or scrip shall be signed by the treasurer of 
the city and countersigned by the mayor. They shall 
be payable at the expiration of periods not exceeding 
thirty years from the dates of issue, shall bear interest 
at a rate not exceeding four per cent per annum, and 
shall not be reckoned in determining the statutory limit 
of indebtedness of the city. The city may sell such se- 
curities 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, Proviso, 
that they shall not be sold or pledged for less than their 
])ar value. 

Section 2. The city at the time of authorizing said ^tn™^°*°^ 
loan shall provide for the payment thereof in such annual 
proportionate payments as will extinguish the same within 
the time prescribed in this act, and when such provision 
has been made the amount required therefor shall without 
further vote annually be assessed by the assessors of the 
city, in the same manner in which other taxes are as- 
sessed, until the said debt is extinguished. 

Section 3. This act shall take effect upon its passage. 
Approved March IS, 1909. 



136 



Acts, 1909. — Chap. 180. 



1906, 501, § 1. 
amended. 



ChajxlSO An Act relative to the support of wives and minor 

CIIIEDREN. 

Be it enacted^ etc., as follows: 

Section one of chapter five hundred and one of the acts 
of the year nineteen hundred and six is hereby amended 
by striking out the words " Whoever unreasonably neg- 
lects to provide for the support of his wife or minor child 
or minor children, or who actually abandons his wife or 
minor child or minor children without adequate support, 
or leaves them in danger of becoming a burden upon 
the public ", in the first to the fifth line, inclusive, and 
inserting in place thereof the words : — Any person who, 
being under a legal duty to provide for the support of his 
wife or of his or her minor child or children, unreasonably 
neglects to provide suitable support, or abandons or leaves 
them or any or either of them in danger of becoming a 
burden upon the public, or any parent, whether father 
or mother, whose minor child, by reason of the neglect, 
cruelty, drunkenness, habits of crime, or other vice of 
such parent, is growing up without education or without 
salutary control, or without proper physical care, or in 
circumstances exposing him to lead an idle and dissolute 
life, — so as to read as follows: — Section 1. Any per- 
son who, being under a legal duty to provide for the sup- 
port of his wife or of his or her minor child or children, 
unreasonably neglects to provide suitable support, or 
abandons or leaves them or any or either of them in 
danger of becoming a burden upon the public, or any 
parent, whether father or mother, whose minor child, by 
reason of the neglect, cruelty, drunkenness, habits of 
crime, or other vice of such parent, is growing up without 
education or without salutary control, or without proper 
physical care, or in circumstances exposing him to lead 
an idle and dissolute life, shall be punished by a fine of 
not more than one hundred dollars or by imprisonment 
for not more than six months. Proof of neglect to pro- 
vide for the support of wife or minor child shall be prima 
facie proof that such neglect is unreasonable, 

Ap2Jroved March IS, 1909. 



Penalty for 
neprlect to pro- 
vide for sup- 
port of wife or 
minor child, 
etc. 



Acts, 1909. — Chap. 181. 137 



An Act relative to the care of neglected children. (J}i,a7).\%\ 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and ame^nled' ^ ^' 
thirty-four of the acts of the year nineteen hundred and 
three is hereby amended by inserting after the word 
" crime ", in the fifth line, the words : — cruelty, in- 
sanity, — by inserting after the word " control ", in the 
sixth and seventh lines, the words : — or without proper 
physical care, — and by striking out all after and in- 
cluding the word " such ", in the seventeenth line, and 
inserting in place thereof the words : — Such summons 
shall be issued to at least one of the parents of the child, 
if either of them is known to reside within the common- 
wealth, and, if "after reasonable search no such parent can 
be found within the commonwealth, then to its lawful 
guardian, if there is one known to be so resident, and 
if not, then to the person with whom such child last re- 
sided, if known; if there be no father, mother, guardian, 
or person as aforesaid, to some suitable person to act in 
behalf of such child, — so as to read as follows : — Sec- Certain 
tion 1. A police, district or municipal court or a trial be tal^^n in 
justice, upon a complaint made by any person that any ''"^*° ^'^^''' 
child under sixteen years of age within its or his juris- 
diction, by reason of orphanage or of the neglect, crime, 
cruelty, insanity or drunkenness, or other vice of its 
parents, is growing up without education or without salu- 
tary control, or without proper physical care, or in circum- 
stances exposing him to lead an idle and dissolute life, or is 
dependent upon public charity, may issue a precept to bring 
such child before said court or trial justice, and shall 
issue a notice to the state board of charity and shall also 
issue a summons requiring the board or person to whom 
such notice or summons is directed to appear before said 
court or trial justice at the time and place stated in the 
notice and summons, to show cause why such child should 
not be committed to the state board of charity, or be other- 
wise provided for. Such summons shall be issued to at 
least one of the parents of the child, if either of them is 
known to reside within the commonwealth, and, if after 
reasonable search no such parent can be found within the 
commonwealth, then to its lawful guardian, if there is 



138 



Acts, 1909. — Chaps. 182, 188. 



Brockton 
Sewerage 
Loan, 1909. 



one known to be so resident, and if not, then to the person 
with whom such child last resided, if known; if there 
be no father, mother, guardian, or person as aforesaid, 
to some suitable person to act in behalf of such child. 
Section 2. This act shall take effect upon its passage. 
Approved March 18, 1909. 

Chafp.l82i An Act to authorize the city of brockton to incur 

INDEBTEDNESS FOR SEWERAGE PURPOSES. 

Be it enacted, etc., as folloius: 

Section 1. The city of Brockton, for the purposes 
specified in chapter two hundred and forty-seven of the 
acts of the year eighteen hundred and ninety-two, may 
incur indebtedness outside its statutory debt limit, to 
an amount not exceeding one hundred thousand dollars, 
and may from time to time issue bonds, notes or scrip 
therefor, to be denominated on the face thereof, Brockton 
Sewerage Loan, 1909, to be signed by the mayor and city 
treasurer, and to bear such rate of interest, not exceeding 
four per cent per annum, as the city council may deter- 
mine. The city shall provide for the payment of such in- 
debtedness by such annual proportionate payments as will 
extinguish the debt at maturity. The sinking fund of 
any loan of the city may be invested therein. 

Section 2, Except as otherwise provided herein the 
provisions of chapter twenty-seven of the Revised Laws 
and all acts in amendment thereof and in addition thereto 
shall, so far as they may be applicable, apply to the in- 
debtedness hereby authorized and to the securities issued 
therefor. 

Section 3. This act shall take effect upon its passage. 
Approved March 18, 1909. 

Chwp.^S^ An Act relative to suits in equity. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter one hundred and 
fifty-nine of the Revised Laws is hereby amended by 
striking out the words " or may be commenced by a decla- 
ration in an action of contract or tort ", in the fourth and 
fifth lines, and by adding thereto the words: — \^Tien a 
suit in equity is commenced by an original writ as pro- 
vided in this section, such writ, with the bill or petition 



R. L. 27 to 
apply. 



R. L. 159, § 
amended. 



Acts, 1909.— Chap. 184 139 

attached thereto, may at any time after service thereof, 
before the return day, be entered in the court to which 
it is returnable, and thereupon the court may make such 
orders as to attachment, arrest, and injunction or for 
discharging from arrest or for dissolving an attachment 
or injunction, or such other orders as the court would 
have had power to make if the suit had been commenced 
by bill or petition, — so as to read as follows : — Section Commence; 
8. Suits in equity may be commenced by bill or petition, hi^equity"' ^ 
with a writ of subpoena according to the usual course of 
j>roceedings in equity, or by an original writ of summons 
or of summons and attachment or by the trustee process, 
as the case may be, with or without an order for the at- 
tachment of the property or arrest of the defendant, and 
shall be returnable on the return days prescribed by sec- 
tion twenty-four of chapter one hundred and sixty-seven 
or on the rule days established by the court. When a 
suit in equity is commenced by an original writ as pro- 
\'ided in this section, such writ, with the bill or petition 
attached thereto, may at any time after service thereof, 
before the return day, be entered in the court to which 
it is returnable, and thereupon the court may make such 
orders as to attachment, arrest, and injunction or for dis- 
charging from arrest or for dissolving an attachment or 
injunction, or such other orders as the court would have 
had power to make if the suit had been commenced by bill 
or petition. 

Section 2. This act shall take effect upon its passage. 
Approved March 18, 1909. 

An Act to provide for the safe keeping of matches (J]i(ir>.\'^'^ 

IN STORES. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person to keep Safe keeping 
matches for sale or for use in any store unless the same ** ™^ " ^^• 
are kept in a metal or other fireproof receptacle, the cover 
of which shall be closed except when it is necessary to 
obtain access to its contents; but this act shall not apply 
to unbroken cases of matches. 

Section 2. Each violation of this act shall be punished Penalty, 
by a fine of not more than fifty dollars. 

Approved March 18, 1909. 



140 



Acts, 1909. — Chaps. 185, 186, 187. 



Chap.185 An Act making appropriations for the payment of 

CERTAIN SERIAL BONDS. 

Be it enacted^ etc., as follows: 
Appropna- Section 1. Thc suiiis hereinafter mentioned are ap- 

propriated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, to provide for the 
payment of certain serial bonds during the present year, 
to wit : — 

For the payment of the Suffolk county court house 
serial bonds, due March first, nineteen hundred and nine, 
four thousand dollars. 

For the payment of the state highway serial bonds, due 
April first, nineteen hundred and nine, forty-eight thou- 
sand five hundred dollars. 

Section 2. This act shall take effect upon its passage. 
Approved March 18, 1909. 



Suffolk county 
court house 
serial bonds. 



State highway 
serial bonds. 



Chcip.lSQ An Act relative to the fee for approval of appeal 

BONDS IN CIVIL ACTIONS. 

Be it enacted, etc., as follows: 

Section two of chapter two hundred and four of the 
Revised Laws is hereby amended by striking out the 
words : — '^ For approving an appeal bond, including 
principal and surety, twenty cents ", in the eleventh and 
twelfth lines. Approved March 18, 1909. 



R. L. 204, § 2, 
amended. 



ChajJ.lSl An Act to encourage the growth of white pine 

TIMBER. 

Be it enacted, etc., as follows: 

Section 1. Land which does not exceed in value ten 
dollars an acre, if well stocked with thrifty white pine 
seedlings that have attained an average height of not less 
than fifteen inches, upon satisfactory proof of its condi- 
tion by the owner to the assessors, shall be exempt from 
taxation for a period of ten years thereafter: provided, 
that if any trees of commercial value, except such as are 
reasonably removed for the improvement of the white 



Certain land 
to be exempt 
from taxation. 



Acts, 1909. — Chap. 188. 141 

pine growth, are cut or removed from the said land, the 
exemption herein provided for shall cease. 

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 18, 1909. 



An Act relative to police pensions in cities. Chav 188 
Be it enacted, etc., as folloivs: 

Section twenty-nine of chapter one hundred and eight R- l- los, § 29. 

/•iT~.-i-r Til • f ^ ^^^•< amended. 

01 the Kevised Laws, as amended by section one 01 chapter 
four hundred and twenty-eight of the acts of the year 
nineteen hundred and three, is hereby further amended 
by inserting after the word " continuously ", in the fif- 
teenth line, the words: — if, in the judgment of said 
board, such member is disabled for useful service in the 
department, — so as to read as follows : — Section 29. 'P'^^^^b 

mi 111 11 T p f c pensions in 

Ihe mayor and aldermen, or the board of police of any cities, 
city where such boards are established, except Boston, 
which, by vote of its city council accepts the provisions 
of this act, shall, at his own request, or at the request of 
the chief or superintendent of police, if, in the judgment 
of said board, he is disabled for useful service in said 
department, retire from active service and place upon a 
pension roll any member of the police department of such 
city whom the city physician of such city certifies in writ- 
ing to be permanently disabled, mentally or physically, 
by injuries sustained through no fault of his in the actual 
performance of duty, from further performing duty as 
such member, or any member of said department who has 
])erformcd faithful service therein for not less than twenty 
years continuously, if, in the judgment of said board, 
such member is disabled for useful service in the depart- 
ment, and every member so retired shall annually receive 
as a pension one half the amount of compensation received 
by him at the time of his retirement, such amount to be 
paid by the city, which shall appropriate money therefor. 
Approved March 18, 1909. 



142 



Acts, 1909. — Chaps. 189, 190. 



CActp.189 An Act relative to fees to be paid to the chief of 

THE DISTRICT POLICE UPON APPLICATIONS FOR AP- 
PROVAL OF ENTERTAINMENTS PROPOSED TO BE GIVEN 
ON THE lord's DAY. 



Entertain- 
ments pro- 
posed to be 
civen on the 
Lord's day. 



Be it enacted, etc., as follows: 

Every application to the chief of the district police, 
under the provisions of section one of chapter ninety-eight 
of the Revised Laws, as amended by section one of chap- 
ter four hundred and sixty of the acts of the year nine- 
teen hundred and four and by section one of chapter three 
hundred and eighty-five of the acts of the year nineteen 
hundred and eight, for his approval of an entertainment 
proposed to be given on the Lord's day, shall be accom- 
panied by a fee of one dollar. 

Approved March 18, 1909. 



R. L. 167, 
§ IJO, 
amended. 



Chap.^^O An Act relative to the dissolution of real estate 

ATTACHMENTS WHERE THE RECORD TITLE OF THE PROP- 
ERTY ATTACHED IS IN THE NAME OF A PERSON OTHER 
THAN THE DEFENDANT. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and ten of chapter 
one hundred and sixty-seven of the Revised Laws is 
hereby amended by inserting after the word " defendant ", 
in the second line, the words : — or person whose prop- 
erty has been attached, — and by inserting after the word 
" plaintiff ", in the fifth line, the words : — or, if the 
plaintiff is a non-resident, to his attorney, — so as to read 
as follows:- — Section 110. If an excessive or unreason- 
able attachment is made on mesne process, the defendant 
or person whose property has been attached, may apply 
in writing, in any county, to a justice of the court to 
which such process is returnable, for a reduction of the 
amount of the attachment or for its discharge; and such 
justice shall order a notice to the plaintiff, or, if the plain- 
tiff is a non-resident, to his attorney, which shall be re- 
turnable before himself or any other justice of the same 
court as speedily as circumstances permit. Tf, upon a 
summary hearing of the parties, it is found that the at- 



Rednction, 
etc., of real 
estate at- 
tachments. 



I 



Acts, 1909. — Chaps. 191, 192. 143 

tachment is excessive or unreasonable, the justice shall 
reduce or dissolve the attachment or order a part of the 
Is or estate to be released. 
Section 2. This act shall take effect upon its passage. 
Approved March 18, 1909. 



An Act relative to the sale of bread. Char) 191 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter fifty-seven of the r. l. 57. § 4, 
Eevised Laws is hereby amended by striking out the words ^™*="^'''^- 
'• and in each front window thereof ", in the second line, 
so as to read as follows : — Section J^. In each shop Price list, to 
or place where bread is sold by retail a legibly printed where'br^ad 
price list of the different kinds and qualities of loaves '3 sold, 
sold there, with the price thereof by the loaf and by the 
half, three quarter and quarter loaf, shall be conspicu- 
ously placed. 

Section 2. This act shall take effect upon its passage. 
Approved March IS, 1909. 



An Act to authorize certain insurance companies /^^ry^lQO 
to do fire and marine business. ^ ' 

Be it enacted, etc., as follows: 

Section 1. Any domestic insurance company now or Business to be 
hereafter authorized to transact the business specified in llfsu^rance'"^*^'" 
either the first or second clauses of section thirty-two of companies, 
chapter five hundred and seventy-six of the acts of the 
year nineteen hundred and seven is hereby authorized to 
transact the kinds of business specified in both of said 
clauses : provided, that the capital stock of such company proviso, 
is not less than four hundred thousand dollars. 

Section 2. Any foreign insurance company now or same subject. 
hereafter authorized to transact the business specified in 
either the first or second clauses of section thirty-two of 
chapter five hundred and seventy-six of the acts of the year 
nineteen hundred and seven may be authorized to trans- 
act the kinds of business specified in both of said clauses : 
provided, that the capital stock of such company is not Provisos, 
less than four hundred thousand dollars ; and provided. 



144 



Acts, 1909. — Chaps. 193, 194. 



further, that in the case of a foreign company it is au- 
thorized by its charter to transact both of said classes of 



insurance. 
Section 3. 



This act shall take effect upon its passage. 
Approved March 18, 1909. 



(7Aa77.193 An Act to provide fob certain sittings of the su- 
perior COURT IN THE CITY OF HAVERHILL. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-seven of chapter one hun- 
dred and fifty-seven of the Revised Laws is hereby 
amended by inserting after the word " Brockton ", in the 
fourth line, the following: — and for the hearing of jury 
waived cases may adjourn any established sitting in and 
for the county of Essex from Salem, Lawrence or New- 
buryport to Haverhill, — so as to read as follows : — Sec- 
tion 27. The court may adjourn any established sitting in 
and for the county of Bristol from Taunton or New Bed- 
ford to Fall River, or in and for the county of Plymouth 
from Plymouth to Brockton, and for the hearing of jury 
waived cases may adjourn any established sitting in and 
for the county of Essex from Salem, Lawrence or New- 
buryport to Haverhill, in the manner and with the effect 
of an adjournment to another shire town ; and such ad- 
journment shall be subject to all the provisions of law 
relative to adjournments to another shire town. 

Section 2. This act shall take effect upon its passage. 
Approved March 18, 1909. 



R. L. 157, § 27. 
amended. 



Adjournment 
of certain 
sittings of the 
superior court. 



Chap.194: An Act to prohibit the taking of herring in lynn 

HARBOR OR ITS VICINITY BY MEANS OF TORCHES OR 
OTHER LIGHT. 

Be it enacted, etc., as follows: 

Section 1. 'No person shall display torches or other 
light designed or used for the purpose of taking herring 
or other fish in Lynn harbor and its vicinity, from a line 
drawn from Bass Point in the town of Nahant to Ocean 
Pier in the town of Revere, or in Saugus river or Pines 
river, so-called, or in any tributary thereof. 

Section 2. Whoever violates the provisions of this act 
shall be punished for a first offence by a fine of not less 



Taking of fish 
in Lynn harbor 
or its vicinity 
by means of 
torches, etc., 
prohibited. 



Penalty. 



Acts, 1909. — Chap. 195. 145 

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 offence by both such fine and imprisonment. 
Approved March 19, 1909. 



Chap.1^5 



An Act to incorporate the ray cemetery associa- 
tion. 

Be it enacted, etc., as follows: 

Section 1. Lydia P. Kay Peirce, Arthur W. Peirce, Ray 
Margaret L. Eay, James F. Ray, Edith H. Pay, Annie S^ciatfon 
P. Thayer, Adelbert D. Thayer, Joseph G. Ray, Harriet incorporated. 
P. Ray, Charles A. R. Ray and William F. Ray, their 
associates and successors, are hereby made a corporation 
by the name of the Ray Cemetery Association, for the 
purpose of acquiring, maintaining, improving and enlarg- 
ing for a place of burial of the dead certain land set 
ai)art and known as the Ray Cemetery, situated in the 
town of Franklin. 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 applicable to such corporations. 

Section 2. The said corporation is hereby authorized ^^^Y ^'^}'^' ^tc. 

T ^ I- • T '■^'*' ^"*1 P^""" 

to acquire possession and control oi said cemetery, and sonai property, 
may j^urchase 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 appro- 
priate for the purposes of said association: provided, that Proviso, 
nothing 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 therein, 
whether by deed or otherwise, and who shall sign the 
by-laws of said corporation, shall be members of the cor- 
poration; 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 corporation. 

Section 4. The net proceeds of the sale of lots in the Proceeds of 
lands of the corporation and all income received from Ippiied to im- 
any other source by said corporation, the use of which is P[°^'ements, 
not determined by a trust, shall be applied exclusively 



146 



Acts, 1909. 



Chap. 196. 



Grants, be- 
quests, etc. 



Officers, 
powers and 
duties, etc. 



to the care, maintenance, improvement or embellishment 
of its cemetery and the structures therein, or to the pur- 
chase of additional land for cemetery purposes, and to 
the payment of current and incidental expenses of the 
cemetery, and to no other purpose. 

SECTioisr 5. Said corporation is authorized to take and 
hold any grant, gift or bequest of property in trust or 
otherwise, for the care, protection, embellishment, im- 
provement or extension of its cemetery, or for the care, 
embellishment, 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 in trust, the said 
corporation may give to the person making the same or 
to his representative an obligation binding the corpora- 
tion 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 may 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 other matters in- 
cident to the purposes of the corporation. 

Section 7. This act shall take effect upon its passage. 
Approved March 19, 1909. 

Chap.lQQ An Act to pkoiiibit the unlawful use, sale or other 
disposition of registered vessels designed to con- 
tain BEVERAGES. 

Be it enacted, etc., as folloivs: 

Section sixteen of chapter seventy-two of the Kevised 
Laws is hereby amended by striking out the words " sells, 
buys, gives, takes or otherwise disposes of or traffics in 
the same, without the written consent of or unless the 
same has been purchased from the person whose name 
is in or upon the vessel so filled, defaced, trafficked in 
or otherwise used or disposed of ", in the sixth, seventh, 
eighth, ninth and tenth lines, and inserting in place 
thereof the words: — whoever sells, buys, traffics in, con- 
verts to his own use, mutilates, destroys or otherwise dis- 
poses of any such vessel without the written consent of 
or unless the same has been purchased from the person 
whose name is in or upon such vessel, — so as to read as 



R. L. 72, § 16, 



Acts, 1909. — Chap. 197. 147 

follows: — Section 16. Whoever fills with a beverage, Penalty for 
with intent to sell the same, anv vessel, marked or dis- et"c.!''of"regfs^- 
tinguished as aforesaid, the description of which has been ^^^^^ vessels, 
filed and published as provided in the preceding section, 
or defaces, erases, covers up or otherwise removes or con- 
ceals any such name, or the word " registered " thereon, 
or whoever sells, buys, traffics in, converts to his own use, 
mutilates, destroys or otherwise disposes of any such vessel 
without the written consent of or unless the same has been 
purchased from the person whose name is in or upon 
such vessel shall, for the first offence, be punished by a 
fine of not less than fifty cents for each such vessel or by 
imprisonment for not less than ten days nor more than 
one year, or by both such fine and imprisonment ; and for 
each subsequent oft'ence, by a fine of not less than one 
dollar nor more than five dollars for each such vessel 
or by imprisonment for not less than twenty days nor 
more than one year. Approved March 19, 1909. 

An Act to establish the sittings of the superior ChanA^l 

COURT FOR CRIMINAL BUSINESS FOR THE COUNTY OF ' 
MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The paragraph of section twenty-four of f{f.\mliided' 
chapter one hundred and fifty-seven of the Revised Laws 
relative to sittings of the superior court for the county 
of Middlesex, being lines thirty-one to thirty-five, both 
inclusive, as amended by section one of chapter ninety- 
seven of the acts of the year nineteen hundred and three, 
is hereby further amended by inserting before the word 
'' June ", in the fifth line of said paragraph, the word : — 
January, — and by striking out the word " December ", 
in the same line, and inserting in place thereof the word : 
— November, — so as to read as follows : — For the sittings of the 
county of Middlesex, for civil business, at Lowell, on the fn'the'Tounty' 
first Mondays of April and October, and at Cambridge, ^^ Middlesex. 
on the first Monday of January; for criminal business, 
at Cambridge, on the first IMondays of January, June and 
November in each year,. and at Lowell, on the first Mon- 
day of ]\Iarch and on the Tuesday after the first Monday 
of September in each year. 

Section 2. This act shall take effect upon its passage. 
Approved March 19, 1909T 



148 



Acts, 1909. — Chaps. 198, 199. 



Specific de- 
vises of real 
estate con- 
strued, etc. 



Cha27.198 An Act relative to the -construction of specific 

DEVISES OF REAL ESTATE AND TO THE SALE OF SUCH 
REAL ESTATE BY EXECUTORS AND ADMINISTRATORS. 

Be it enacted, etc., as follows: 

Section 1. A specific devise of real estate subject to 
a mortgage given by the testator, unless the contrary shall 
plainly appear by his will, shall be deemed to be the 
devise of the interest only which the testator had at the 
time of his decease in such real estate over and above 
such mortgage, and if the note or obligation of the 
testator secured by such mortgage be paid out of his other 
property after his decease, the executor of his will or the 
administrator with the will annexed of his estate shall, 
at the request of any person interested and by leave of 
the probate court, sell such real estate specifically devised 
for the purpose of satisfying the estate of the testator for 
the amount so paid, together with the costs and expenses 
of such sale. 

Section 2. All acts and j)arts of acts inconsistent 
herewith are hereby repealed. 

Section 3. This act shall take effect on the first day 
of January in the year nineteen hundred and ten, but it 
shall apply only to wills made after that date. 

Approved March 19, 1909. 



Repeal. 



When to take 
effect. 



Ohap.l9d An Act to prohibit the sale of air guns to certain 



Be it enacted, etc., as follows: 
r. l. 102. § 92, Section ninety-two of chapter one hundred and two of 
the Kevised Laws is hereby amended by inserting after 
the word " firearms ", in the second line, the words : — 
air guns, — so as to read as follows : — Section 92. Who- 
ever sells or furnishes to a minor under the age of fifteen 
years any firearms, air guns or other dangerous weapon 
shall be punished by a fine of not less than ten nor more 
than fifty dollars for each ofi^ence; but instructors and 
teachers may furnish military weapons to pupils for in- 
struction and drill. Approved March 19, 1909. 



Penalty for 
sale, etc., of 
firearms, etc., 
to minors. 



Acts, 1909. — Chaps. 200, 201. 149 



An Act to authorize the town of marblehead to (Jfidr) 200 

CONVEY certain PROPERTY TO HANNAH GRAVES. 

Be it enacted, etc., as follows: 

Section 1. The town of Marblehead is hereby author- Town of 
ized to grant, sell and convey to Hannah Graves, by deed may convey 
duly executed in its name and behalf by its board of park erty\'oHlnn"ah 
commissioners, all the lands, rights in land and all prop- ^'"^^^*- 
erty of every kind, situated and lying below the high water 
line of her premises in the said town adjoining Seaside 
park therein, which the said board took from her for a 
public park, in the year nineteen hundred and five. The 
execution and delivery of said deed shall be a full and 
final settlement of the petition of said Hannah Graves 
for damages against said town by reason of said taking, 
now pending in the superior court for the county of 
Essex. 

Section 2. This act shall be submitted to the voters When to take 
of the town of Marblehead at the annual town meeting 
in the year nineteen hundred and ten, or at a sjiecial town 
meeting held prior thereto, and shall take effect upon its 
acceptance by a majority of the voters voting thereon. 
Approved March 19, 1909. 

An Act relative to the inspection of contracts pjffjj^ OQI 
made by cities. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and ame^ncfetf." ^ ^' 
forty-three of the acts of the year nineteen hundred and 
seven is hereby amended by adding at the end thereof 
the words : — All allowances under and additions to such 
contracts, or copies thereof, shall be filed with the city 
clerk, together with a sworn statement of the officer mak- 
ing such allowances or additions that the same are correct 
and in accordance with the contract, — so as to read as 
follows: — Section 1. It shall be the duty of any city contracts . 
officer who makes or executes a contract on behalf of the to be open to 
city to furnish the said contract or a copy thereof to the uon.'etT''^'^ 
city clerk within one week after its execution; and it 
shall be the duty of the city clerk to keep the said con- 
tract or copy on file where it may be inspected by any 
person during business hours. Such contracts or copies 



150 



Acts, 1909. — Chap. 202. 



shall be kept in a book by themselves or in several books, 
arranged according to the subject of the contract, or in 
other convenient form, and an index to the subject-matter 
of the contracts and to the names of the contractors shall 
be made semi-annually, and shall also be open to public 
inspection in some convenient form. All allowances under 
and additions to such contracts, or copies thereof, shall 
be filed with the city clerk, together with a sworn state- 
ment of the officer making such allowances or additions 
that the same are correct and in accordance with the 
contract. 

Section 2. This act shall take effect upon its passage. 
Approved March 19, 1909. 



Chap.202 An Act 



New Bedford 
Water Loan, 
Act of 1909. 



TO AUTHORIZE THE CITY OF NEW BEDFORD TO 
MAKE AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The city of New Bedford, for the purpose 
of paying for the construction of a duplicate supply main 
connecting the High Hill reservoir, so-called, with the 
]^ew Bedford water works distributing system, and for 
reinforcing certain portions of the existing distributing 
system, may issue from time to time bonds, notes or scrip 
to an amount not exceeding two hundred and fifty thou- 
sand dollars in addition to the amounts heretofore au- 
thorized by law to be issued by said city for water works 
purposes; but the same shall not be reckoned in deter- 
mining the statutory limit of indebtedness of the city. 
Such bonds, notes or scrip shall bear on their face the 
words, New Bedford Water Loan, Act of 1909 ; shall be 
payable at the expiration of periods not exceeding thirty 
years from the dates of issue; shall bear interest payable 
semi-annually at a rate not exceeding four per cent per 
annum; and shall be signed by the treasurer of the 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 purposes of this act upon such 
terms and conditions as it may deem proper: provided, 
that such securities shall not be sold for less than the par 
value thereof; and provided, further, that no part of the 
proceeds of the sale of said bonds, notes or scrip shall be 
used in payment of running expenses. 



Acts, 1909. — Chaps. 203, 204. 151 

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 any such bonds, notes or scrip 
as will extinguish the same within the time prescribed by 
this act; and when a vote to that efl^ect has been passed 
a sum which with the income derived from water rates 
will be sufficient to pay the annual expense of operating 
its water works and the interest as it accrues on the bonds, 
notes or scrip issued as aforesaid by said city, and to 
make such payments on the principal as may be required 
under the provisions of this act shall, without further 
vote, be assessed by the assessors of said city in each year 
thereafter in the same manner in which other taxes are 
assessed under the provisions of section thirty-seven of 
chapter twelve of the Revised Laws, until the debt in- 
curred by said loan is extinguished. 

Section 3. This act shall take effect upon its accept- when to take 
ance by the city council of said city. 

Approved March 22, 1909. 

An Act to authorize the removal of remains from (Jha^^j 203 

A DISUSED graveyard IN THE TOWN OF REVERE. 

Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Revere are Removal of 
hereby authorized, at the expense of the town, to remove al^sedfirave-^ 
the human remains in certain private tombs in a grave- fowt of Re- 
yard in the rear of the lot occupied by the Unitarian ^'^'■^• 
church in said town, and to cause the same to be carefully 
and properly buried in some suitable cemetery. The 
graves so filled shall be suitably marked with the names 
of the jDersons buried, if they are known. 

Section 2. This act shall take effect upon its passage. 
Approved March 22, 1909. 



An Act relative to procedure in claims against the 
commonwealth. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and R. l. 20i,§2. 
one 01 the Revised Laws, as amended by section two of 
chapter three hundred and seventy of the acts of the 



Chap.%)4. 



etc., amended. 



152 



Acts, 1909. — Chap. 205. 



Proceedings 
in cases of 
certain claims 
against the 
common- 
wealth. 



Where action 
may be 
brought. 



To apply to 
all pendintc 
petitions. 



year nineteen hundred and five and by section one of 
chapter two hundred and eighty-eight of the acts of the 
year nineteen hundred and eight, is hereby further 
amended by striking out the said section and inserting 
in place thereof the following: — Section 2. The pro- 
visions of law relative to tender, offer of judgment, set-off 
and recoupment shall apply to the said petition, and the 
case, shall be tried by the court without a jury, and if 
the amount claimed is more than one thousand dollars, 
upon motion by the attorney-general or the petitioner, 
by three justices of said court. All hearings shall be in 
open court, except that upon motion by the attorney-gen- 
eral or the petitioner an auditor or master may be ap- 
pointed, 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. The provisions of the preceding section 
shall apply to all petitions against the commonwealth now 
pending in the superior court. 

Section 3. This act shall take effect upon its passage. 
Approved March 22, 1909. 



Chap.205 An Act to authorize subokdinate tribes of the im- 
proved ORDER OF RED MEN TO HOLD AND CONVEY 
PROPERTY. 

Be it enacted, etc., as follows: 

Subordinate Section 1. Any Subordinate tribe of the Improved 

Improved Order of Red Men, duly chartered by and under the juris- 

Men^may iwid diction of the " Great Council of Massachusetts Improved 
and convey Qrder of Red Men ", a corporation incorporated under 
the laws of the commonwealth, may take, hold and convey 
real and personal estate in the name of such subordinate 
tribe, as a voluntary association, under such rules and 



property, etc. 



Acts, 1909. — Chaps. 206, 207. 153 

regulations as may be prescribed therefor by the said great 
council. 

Section 2. This act shall take effect upon its passage. 
Approved March 22, 1909. 

An Act relative to the time within which answers (JJif,j) 9Qft 
TO interrogatories must be filed. 

Be it enacted, etc., as folloivs: 

Section 1. Section fifty-nine of chapter one hundred p^g^JJI' ^ ^^• 
and seventy-three of the Revised Laws is hereby amended 
by inserting after the word " office ", in the second line, 
the words : — or in the office of a justice who has no clerk, 
or with a trial justice, — and by striking out all of said 
section after the word " before ", in the sixth line, and 
inserting in place thereof the words : — the municipal 
court of the city of Boston shall be filed within such time 
as said court or any justice thereof shall order, — so as 
to read as follows : — Section 59. Interrogatories shall ierri^YtVr?es" 
be answered, and the answers shall be filed in the clerk's 
office, or in the office of a justice who has no clerk, or with 
a trial justice, within ten days after notice of the filing 
thereof has been given to the party interrogated or to his 
attorney, unless, upon cause shown either before or after 
the expiration of said ten days, further time is allowed by 
the court. Answers to interrogatories filed before the 
municipal court of the city of Boston shall be filed within 
such time as said court or any justice thereof shall order. 

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 22, 1909. 

An Act relative to the indebtedness of the town fij^n.^ 9Q7 

OF WATERTOWN INCURRED IN WIDENING GALEN STREET ^ '^ 

AND CONSTRUCTING A BRIDGE OVER THE CHARLES RIVER. 

Be it enacted, etc., as follows: 

Section 1. Debts heretofore or hereafter incurred by certain b- 

the town of Watertown under authority of chapter three ^ite tol^rof"^ 

hundred and thirty-one of the acts of the year nineteen noftTbrrn- 

hundred and seven shall be excluded in ascertaining the the'^debt Umu 
amount of the indebtedness of the town for the purposes 



154 



Acts, 1909. — Chap. 208. 



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 22, 1909. 



R. L. 84, § 4, 
amended. 



Chap.208 An Act relative to the duties of the state board 

OF CHARITY. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter eighty-four of the 
Revised Laws is hereby amended by striking out all after 
the words " in this commonwealth ", in the sixth line, 
and inserting in place thereof the words : — It shall also 
prepare a form for the returns to be made by overseers of 
the poor under sections forty and forty-one of chapter 
eighty-one, as amended by chapter one hundred and fifteen 
of the acts of the year nineteen hundred and five, and mail 
one of said forms to the clerk of the overseers of the poor 
of each city or town on or before the first day of April of 
each year, and from said returns made by the overseers 
of the poor it shall prepare tables of paupers supported 
by towns, and shall print in its annual report the most im- 
portant information thus obtained, — so as to read as 
follows : — Section Jf. The board shall ascertain whether 
any paupers in state institutions under its supervision or 
that of the state board of insanity have settlements in this 
commonwealth, and shall cause the laws relative to the 
support by cities and towns of sane state paupers to be 
enforced, and shall prosecute all cases of bastardy if the 
mother has no settlement in this commonwealth. It shall 
also prepare a form for the returns to be made by overseers 
of the poor under sections forty and forty-one of chapter 
eighty-one, as amended by chapter one hundred and fifteen 
of the acts of the year nineteen hundred and five, and 
mail one of said forms to the clerk of the overseers of the 
poor of each city or town on or before the first day of 
April of each year, and from said returns made by the 
overseers of the poor it shall prepare tables of paupers sup- 
ported by towns, and shall print in its annual report the 
most important information thus obtained. 

Section 2. This act shall take effect upon its passage. 
Approved March 2^, 1909. 



Duties of state 
board of char- 
ity relative to 
certain pau- 
pers. 



Acts, 1909. — Chaps. 209, 210. 155 



An Act to authorize the city of boston to abolish (JJia7).20d 

CERTAIN PROPOSED STREETS AND PASSAGEWAYS IN THE 
BACK BAY FENS IN THAT CITY. 

Be it enacted, etc., as follows: 

Section 1. The street commissioners of the city of poseStreets, 
Boston, with the approval of the mayor, may, within eight of^B^ston^o ^^ 
months after the passage of this act, abolish the two streets be abolished, 
originally proposed to be bnilt connecting Lansdowne 
street with an unnamed street next north from Boylston 
street, and may also abolish any or all passageways 
originally planned lying wholly on property of " The 
Dana Lands ", all as shown on a plan of the territory 
between the Back Bay Fens, Brookline avenue, and the 
Boston and Albany railroad, made by Pierre Humbert, 
junior, and filed in the office of the city surveyor or 
city engineer of the city of Boston; and the plan as so 
changed shall have the same effect as it had before the 
change was made. 

Section 2. This act shall take effect upon its passage. 
Approved March 2k, 1909. 

An Act to authorize the town of monson to appro- (Jjfdjj 210 
priate money toward the cost of constructing a 

BRIDGE across THE QUABOAG RIVER IN THE TOWN OF 
PALMER. 

Be it enacted, etc., as follows: 

Section 1. The town of Monson is hereby authorized Mo^go^niay 
to raise and appropriate a sum not exceeding twenty-five appropriate 

^^ money toward 

hundred dollars and to pay the same to the Massachusetts the constmc- 
highway commission as a contribution toward the con- across the 
struction of a bridge across the Quaboag river in the town nver."^^ 
of Palmer, to be erected by said Massachusetts highway 
commission in substitution of the present " Hastings " or 
" Merrick " bridge, so-called, which has been built and 
jointly maintained by said towns of Monson and Palmer. 
Section 2. This act shall take effect upon its passage. 
Approved March 2^, 1909. 



156 



Acts, 1909. — Chaps. 211, 212. 



1908, 489, 
amended. 



Plans of com- 
pensation for 
injured em- 
ployees may be 
submitted to 
the state board 
of conciliation 
and arbitra- 
tion, etc. 



Chap.2H An Act relative to the approval of plans of com- 
pensation FOR INJURED EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and eighty-nine of 
the acts of the year nineteen hundred and eight is hereby 
amended by inserting after section five the following sec- 
tion : — Section 6. The employees of any employer of 
labor, numbering at least ten per cent of those regularly 
employed during the preceding year, may submit to the 
state board of conciliation and arbitration a plan of com- 
pensation such as is described in section one of this act. 
Such plan shall be referred to the employer, and in case 
no agreement between the employer and employees is 
reached within thirty days and reported to said board, 
then after examination of the said plan of compensation, 
and a public hearing thereon after public notice thereof, 
the board of conciliation and arbitration may, if it con- 
siders the same fair and just to the employer and em- 
ployees, recommend to the employer the adoption of the 
same. Upon notice of acceptance of the plan duly filed 
by the employer the plan shall be deemed to be in force 
precisely as if it had been submitted and approved under 
the provisions of the preceding sections of this act. 

Section 2. This act shall take effect upon its passage. 
Approved March 2Jf, 1909. 



(7AfW9.212 An Act to authorize the state board of agriculture 
to collect and circulate information relating 

TO IDLE or partly IMPROVED FARMS AND FARM LANDS. 

Be it enacted, etc., as folloivs: 

Section 1. The state board of agriculture is hereby 



The state 
board of 
a!;riculture 
to collect, etc 
certain infor- 
mation. 



Expenditures. 



authorized to collect all necessary information in regard 
to the opportunities for developing the agricultural re- 
sources of the commonwealth through the reoccupancy of 
idle or partly improved farms and farm lands, and to 
cause the facts so obtained and a statement of the advan- 
tages offered, to be circulated where and in such mamier 
as the said board may consider for the best interest of the 
commonwealth. 

Section 2. For the purpose aforesaid a sum not ex- 
ceeding one thousand dollars may be expended, and the 



Acts, 1909. — Chaps. 213, 214. 157 

bills therefor approved by the persons authorized by said 
state board to investigate the matter, shall be sent to the 
auditor of the commonwealth, who shall certify them in 
the same manner in which other claims against the com- 
monwealth are certified. 

Section 3. This act shall take effect upon its passage. 
Approved March 25, 1909. 

An Act to authorize the appointment of registers QJiart 213 
OF deeds pro tempore. 

Be it enacted, etc., as follows: 

Section 1. Whenever in any county a register of deeds Registers of 
who has no assistant is unable, or if he has an assistant or tempore^ 
assistants he and such assistant or assistants are unable, ^ppomtment, 
by reason of sickness or otherwise to perform the duties of 
their respective offices, the county commissioners for the 
county electing such register or, in the county of Suffolk, 
the superior court, may appoint a register of deeds pro 
tempore who shall perform the duties of register until the 
said elected register or his assistants or any of them is 
able to resume the duties of his office, or until the election 
and qualification of a new register. A register of deeds 
pro tempore shall be sworn and shall give a bond according 
to the requirements of law for registers of deeds, and no- 
tice of his appointment shall be recorded in the registry 
of deeds in which he is to act. A register of deeds pro 
tempore shall have the same duties and powers as are 
provided for by law in the case of registers of deeds, and 
shall receive such compensation for his services as said 
county commissioners and the superior court, respectively, 
may deem reasonable. 

Section 2. This act shall take effect upon its passage. 
Approved March 25, 1909. 

An Act relative to the purchase by the state for- /^t „„ 0-14^ 
ester of land adapted to forest production. ^ * 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and 190s, 478, § 1. 
seventy-eight of the acts of the year nineteen hundred and ^'"^'^ ^ ' 
eight is hereby amended by striking out the words *' forty 
acres ", in the tenth line, and inserting in place thereof 
the words : — eighty acres, — so as to read as follows : — 



158 Acts, 1909. — Chap. 215. 

^?ch^ed fo^r S<'ci^on 1. For the purpose of experiment and illustration 
Porestetion '^^" ^^ forest management and for the purposes speciiied in 
etc- ' section seven of this act the sum of five thousand dollars 

may be expended in the year nineteen hundred and eight, 
and the sum of ten thousand dollars annually thereafter, 
by the state forester, with the advice and consent of the 
governor and council, in purchasing lands situated within 
the commonwealth and adapted to forest production. The 
price of such land shall not exceed in any instance five 
dollars per acre, nor shall more than eighty acres be ac- 
quired in any one tract in any one year, except that a 
greater area may so be acquired if the land purchased di- 
rectly affects a source or tributary of water supply in any 
city or town of the commonwealth. All lands acquired 
under the provisions of this act shall be conveyed to the 
commonwealth, and no lands shall be paid for nor shall 
any moneys be expended in improvements thereon until 
all instruments of conveyance and the title to be trans- 
ferred thereby have been approved by the attorney-general 
and until such instruments have been executed and re- 
corded. 

Section 2. This act shall take effect upon its passage. 
Approved March 25, 1909. 

Chap.215 -^^ Act to incorpoeate the pine grove cemetery as- 
sociation OF westborough. 

Be it enacted, etc., as follows: 

Grove"^ Section 1. Charlos S. Henry, William T. Forbes, Ed- 

Cemetery win B. Harvey, Emory L. Wood, Melvin H. Walker, John 
■wl°tboro°ugh W. Fairbanks, Alden L. Boynton and Lyman Belknap, 
incorporate . |jjgjj. associatos and successors, are hereby made a cor- 
poration by the name of the Pine Grove Cemetery Asso- 
ciation of Westborough, for the purpose of acquiring, 
controlling and improving certain land set apart and 
known as Pine Grove Cemetery, situated within one en- 
closure in the town of Westborough, and 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 such 
corporations, except as is otherwise provided herein. 
Powers and Section 2. Said corporatiou is hereby authorized to 

duties, etc. . ^ i'(»'i 

take possession and assume legal control of said cemetery, 



Acts, 1909. — Chap. 215. 159 

and said towai is hereby authorized to convey to said cor- 
poration, upon such terms as may be agreed upon, all the 
right, title and interest which it has in the said land, and 
in all other estate, property, rights and things appertain- 
ing to the said cemetery, which the said town now has 
or is entitled to have, and in and to all moneys standing 
to the credit of said cemetery, and all trust funds relating 
to said cemetery: provided, that a majority of the legal Proviso, 
voters of said town present and voting thereon shall vote 
so to do at a meeting duly called for that purpose. Said 
corporation shall hold the said property and rights for 
the same uses and purposes and charged with the same 
duties and liabilities for and subject to which the same 
are now held by the town of Westborough ; and all rights 
which any persons have acquired in said cemetery shall 
remain \alid to the same extent as if this act had not been 
passed. 

Section 3. Any person who is now or may hereafter Membership, 
become a proprietor of a lot, by deed or otherwise, in the 
land mentioned in section one of this act, or in land 
hereafter acquired by said corporation, may become a 
member of said corporation by applying to the officers of 
the corporation and receiving a deed or certificate of such 
lot from said corporation; and when any person shall 
cease to be a proprietor of a lot in the lands of the corpo- 
ration he shall cease to be a member thereof. 

Section 4. Said corporation may acquire by gift, de- Grants, be- 
vise or purchase, and hold in fee, additional land to the ^^^^^^' ^*^^- 
extent of twenty acres, for the purpose of enlarging said 
cemetery from time to time, and may hold so much per- 
sonal property as may be necessary for objects connected 
with or appropriate to the purposes of the corporation, and 
the corporation is hereby authorized to take and hold any 
grant, gift or bequest of property upon trust, to apply the 
same or the income thereof for the improvement or em- 
bellishment of said cemetery, or for the construction, re- 
pair, preservation or renewal of any monument, fence or 
other erection, or for planting and cultivating trees, 
shrubs or plants in or around any lot, or for improving 
said premises in any other manner consistent with the 
purposes for which said cemetery is established, according 
to the terms of such grant, gift or bequest ; and whenever 
any such grant, gift or bequest, or any deposit of money, 



160 



Acts 1909. — Chap. 216. 



stall be made by the proprietor of any lot in said cemetery 
for the annual repair, preservation or embellishment of 
such lot and the erections thereon, the said corporation 
may give to such proprietor or his representatives an ob- 
ligation binding the corporation to fulfil the terms of the 
trust. 
Officers, etc. Section 5. Said corporation may by its by-laws pro- 

vide for such officers as may be necessary, and may also 
provide for the care and management of the cemetery 
and for the sale and conveyance of lots therein, and for 
the care and management of any funds which it may hold 
for the benefit of said cemetery, and for any other matters 
incident to the proper management of the corporation. 
Section 6. This act shall take eflFect upon its passage. 
Approved March 26, 1909. 



Chap.^ilG An Act to authorize the appointment of a proba- 
tion OFFICER FOR WAYWARD AND DELINQUENT CHILDREN 
IN THE MUNICIPAL COURT OF THE ROXBURY DISTRICT 
OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter six hundred and 
thirty-seven of the acts of the year nineteen hundred and 
eight is hereby amended by inserting after the word 
" thereof ", in the fifth line, the words : — and of the 
municipal court of the Roxbury district of the city of 
Boston, — so as to read as follows: — Section 1. The 
justice of each police, district and municipal court in- 
cluded in classes B, C, D, E and F, as said classes are 
defined by chapter four hundred and fifty-three of the acts 
of the year nineteen hundred and four and acts in amend- 
ment thereof, and of the municipal court of the Roxbury 
district of the city of Boston, if not now authorized to 
appoint a probation officer for wayward and delinquent 
children, may appoint such officer, who shall hold office 
during the pleasure of the court which makes the appoint- 
ment and shall receive from the county such salary as the 
court, with the approval of the county commissioners, 
shall fix. The justice of each police, district and mu- 
nicipal court not included in the said classes, excepting 
the municipal court of the city of Boston and the central 
district court of Worcester, may appoint such an officer 



190S, 637. § 1 
amended. 



Appointment 
by certain 
courts of 
probation 
officers for 
children. 



Acts, 1909. — Chaps. 217, 218. 161 

who shall serve withont compensation. Salaried probation 
officers appointed as herein provided shall have, and, by 
direction of the conrt, unpaid officers may have, in cases 
of such children and of juvenile offenders, the power and 
authority of probation officers. But no such officer shall 
be appointed until the commission on probation, established 
by chapter four hundred and sixty-five of the acts of the 
present year, shall certify that his appointment is neces- 
sary. 

Section 2. This act shall take effect upon its passage. 
Approved March 26, 1909. 



Chajx217 



Ax Act to ArTiioRizE the clerk of the police court 

OF NEWTON TO EMPLOY CLERICAL ASSISTANCE. 

Be it enacted, etc., as follows: 

Section 1. The clerk of the police court of Xewton clerical 
may annually expend a sum not exceeding six hundred the'ebrk^of^the 
dollars for clerical assistance in his office, which shall be of'NewTon'^' 
paid by the county treasurer upon the certificate of the 
justice that the work was actually performed and was 
necessary. 

Section 2. This act shall take effect upon its passage. 
Approved March 26, 1909. 



An Act to authorize advances of money to state /^/^^oiji 
institutions having bonded treasurers or disburs- -^' 

ING officers. 

Be it enacted, etc., a^ folloivs: 

Section 1. To carry out the provisions of law requir- Advances of 
ing weekly payments, and to secure cash discounts wher- made^to°cej° 
ever possible, institutions having a bonded treasurer or sti^utfons. "^' 
disbursing officer may receive such advances of money 
from the treasury of the commonwealth as in the judgment 
of the auditor of the commonwealth are required for the 
purposes stated. 

Section 2. All acts and parts of acts inconsistent Repeal. 
with this act are hereby repealed. 

Section 3. This act shall take effect upon its passage. 
Approved March 26, 1909. 



162 



Acts, 1909. — Chaps. 219, 220, 221. 



R. L. 160, § 6, 
amended. 



Composition 
of courts of 
record, etc. 



Chap.219 An Act to provide a third special justice of the 

CENTRAL DISTRICT COURT OF WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter one hundred and 
sixty of the Revised Laws is hereby amended by inserting 
after the word " Boston ", in the second line, the words : 
— and the central district court of Worcester, — so as to 
read as follows : — Section 6. Police, district and munici- 
pal courts shall be courts of record, and, except the mu- 
nicipal court of the city of Boston and the central district 
court of Worcester, shall consist of one justice and two 
special justices. Each of said courts shall have a seal, 
which shall be in the custody of its clerk, or of the justice 
if it has no clerk, and which shall be affixed to all processes 
issued by said courts which require a seal. 

Section 2. The central district court of Worcester 
shall consist of one justice and three special justices. 

Section 3. This act shall take effect upon its passage. 
Approved March 26, 1909. 



Central dis- 
trict court of 
Worcester. 



Chaj).220 An Act to authorize the city of fitchburg to pay 
A certain sum of money to the heirs of imogene 

A. CARPENTER. 

Be it enacted, etc., as follows: 

Section 1. The city of Fitchburg is hereby authorized 
to repay to the heirs of Imogene A. Carpenter all moneys, 
not exceeding one hundred and twenty-five dollars and 
twenty-one cents, paid by them to the said city by mistake 
during the years nineteen hundred to nineteen hundred 
and seven, inclusive, for taxes upon real estate in the said 
city. 

Section 2. This act shall take effect upon its passage. 
Approved March 26, 1909. 



The city of 
Fitchburg may 
nay a sum of 
money to the 
heirs of 
Imogene A. 
Carpenter. 



Chap 



.221 An Act to authorize the police commissioner of the 
city of boston to revoke or to suspend licenses 
issued by him. 

Be it enacted, etc., as folloivs: 

1906, 291, § 30, Section ten of chapter two hundred and ninety-one of 

amended. ^ . i i i ^ • • ^ ^ 

the acts oi the vear nineteen hundred and six is herebv 



Acts, 1909. — Chap. 222. 163 

amended bv addinjz; at the end thereof the words : — He 
shall have all the powers of the board of police in regard 
to revoking licenses issued bj him, and in addition may, 
in his discretion, for any cause deemed satisfactory to him 
and without a hearing, suspend and make inoperative for 
such period as he may deem proper any license issued 
by him, — so as to read as follows: — Section 10. The PoHce com- 
]iolice commissioner shall have authority to appoint, es- J^ganizrthe 
tablish and organize the police of said city and to make ^°'"'®' ^*'^" 
all needful rules and regulations for its efficiency. He 
shall from time to time appoint a trial board, to be com- 
posed of three captains of police, to hear the evidence in 
such complaints against members of the force as the com- 
missioner may deem advisable to refer to said board. Said 
trial board shall report its findings to said commissioner 
who may review the same and take such action thereon as 
he may deem advisable. Excej^t as otherwise provided Ju^l^^^^^ 
herein all the powers and duties now conferred or imposed 
by law upon the board of police of the city of Boston, are 
hereby conferred and imposed upon said j^olice commis- 
sioner. All licenses issued by said police commissioner 
shall be signed by him and recorded in his office. He Revocation of 
shall have all the powers of the board of police in regard 
to revoking licenses issued by him, and in addition may, 
in his discretion, for any cause deemed satisfactory to 
him and without a hearing, suspend and make inoperative 
for such period as he may deem proper any license issued 
by him. Approved March 26, 1909. 



licenses. 



Chap.222 



An Act to authorize the city of waltham to make 
an additional water loan. 

Be it enacted, etc., as follows: 

Section 1. The city of Waltham, for the purposes wj 

Act of 1909. 



mentioned in chapter three hundred and thirty-seven of ^''*^'^ ^°*°' 
the acts of the year eighteen hundred and seventy-two, 
entitled " An Act to supply the town of Waltham with 
water ", may issue from time to time bonds, notes or scrip 
to an amount not exceeding one hundred thousand dol- 
lars in addition to the amounts heretofore authorized by 
law to be issued by said city for water works purposes; 
but the same shall not be reckoned in determining the 



164 



Acts, 1909. — Chap. 223. 



Provisos. 



Payment of 
loan. 



■When to take 
efiFect. 



statiitorv limit of indebtedness of the city. Such bonds, 
notes or scrip shall bear on their face the words, Waltham 
Water Loan, Act of 1909 ; 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 four 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 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 securi- 
ties shall not be sold for less than the par value thereof; 
and provided, further, that no part of the proceeds of the 
sale of said bonds, notes or scrip shall be used in payment 
of running expenses. 

Sectio:s- 2. Said city shall at the time of authorizing 
said loan provide for the payment thereof in such annual 
proportionate payments, beginning not more than five 
years after the first issue of any of such bonds, notes or 
scrip, as will 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 operating its water works and the interest as it accrues 
on the bonds, notes or scrip issued as aforesaid by said' 
city, and to make such payments on the principal as may 
be required under the provisions of this act shall, without 
further vote, be assessed by the assessors of said city in 
each year thereafter in the same manner in which other 
taxes are assessed under the provisions of section thirty- 
seven of chapter twelve of the Revised Laws, until the 
debt incurred by said loan is extinguished. 

Section 3. This act shall take effect upon its accept- 
ance by the city council of said city. 

Approved March 26, 1909. 



Chap.22S An Act relative to the farm and trades school. 

Be it enacted, etc., as follows: 

The Farm and Trades School, formerly the Boston 
Asylum and Farm School for Indigent Boys, may take 
and hold exempt from taxation real estate to an amount 
not exceeding seven hundred and fifty thousand dollars in 



The Farm and 
Trades School 
may hold real 
and personal 
property, etc. 



Acts, 1909. — Chaps. 224, 225. 165 

value and personal property to an amount not exceeding 
five hundred thousand dollars in value, including the 
property exempt from taxation under the general law. 
Approved March 26, 1909. 

An Act to enlaege the powees of the school com- (JJkij) 224 
mittee of the city of waltham ix respect to 
physical education. 

Be it enacted, etc., as follows: 

Section 1. The school committee of the city of Wal- Powers of the 
tham may, during the summer vacation and such other mitteeoUhe 
parts of the year as it may deem proper, organize and Waitham. 
conduct physical training and exercises, athletic sports, 
games and play, and may provide proper apparatus, equip- 
ment and facilities for the same in the buildings, yards 
and playgrounds under the control of said committee, or 
upon any other land which it may have the right to use, 
and may employ instructors to have charge of the same. 

Section 2. The park commission of the said city may Playgrounds, 
transfer to the school committee for the purposes afore- ^"'^troi, etc. 
said such of the playgrounds, gymnasia or buildings or 
parts thereof under its control as may be designated by the 
school committee. 

Section 3. The school committee may cause any of Playgrounds 

1 1 T . -, f, • T 1 • to be enclosed, 

the grounds under its control, as aforesaid or otherwise, to etc. 
be enclosed and reserved for the recreation and physical 
education of the minors of said city, and shall have the 
right to make reasonable regulations concerning their use. 

Section 4. Appropriations for the above named pur- Manner of 
poses shall be made in the same manner in which appro- l^ropriftkfns. 
priations are made for the support of the public schools. 
Approved March 26, 1909. 

An Act relative to interrogatories in civil actions, pii ()(\^ 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-three of R- l- its, § 57. 
the Revised Laws is hereby amended by striking out sec- 
tion fifty-seven and inserting in place thereof the follow- 
ing : — Section 57. Either party after entry of the action interroga- 
and before the opening of the trial on the merits may actions" *"^'' 
file in the clerk's office or in the office of a justice who 



166 



Acts, 1909. — Chap. 226. 



has no clerk or with a trial justice, interrogatories to the 
adverse party for the discovery of any facts and documents 
admissible in evidence at the trial of the action, except 
as hereinafter provided. 

Section 2. ' This act shall take eifect upon its passage. 
Approved March 21, 1909. 



City of 

Waltham may 
take an addi- 
tional water 
supply. 



Chap.226 An Act to authoeize the city of waltham to take 

ADDITIONAL SOURCES OF WATER SUPPLY. 

Be it enacted, etc., as follows: 

Section 1. The city of Waltham is hereby authorized 
to take, hold and convey into and through said city from 
lands near the Charles river, at any convenient point upon 
the same 'within the limits of said city, water for the 
use of the city and the inhabitants thereof, not exceeding 
two million gallons daily, in addition to the three million 
gallons daily which, by chapter three hundred and thirty- 
seven of the acts of the year eighteen hundred and seventy- 
two and chapter three hundred and nine of the acts of 
the year eighteen hundred and eighty-four and chapter 
two hundred and fifty-three of the acts of the year eighteen 
hundred and ninety-one, it is now authorized to take from 
the Charles river, making the whole quantity which the 
city is authorized to take five million gallons daily. The 
two million gallons daily aforesaid are to be taken from 
the water-bearing strata contained within the said lands, 
and are to be drawn therefrom through artesian, driven 
or dug wells, or water galleries now installed or to be 
installed, or in such other manner as may be approved by 
the state board of health ; and the location of all reservoirs, 
wells, filters or other works for taking, holding or purify- 
ing said water shall be subject to the approval of said 
board. 

Section 2, Whenever the said city shall desire to 
take water as herein provided it shall, by vote of the 
board of aldermen, determine what portion, daily, of the 
said two million gallons it will take ; and it shall there- 
upon be lawful for said city to take only the daily amount 
so determined, in addition to the amount taken under 
the provisions of said chapters three hundred and thirty- 
seven and two hundred and fifty-three and by vote of said 
town. Whenever said city shall desire to take a further 



Amount of 
water to be 
taken daily, 
etc. 



Acts, 1909. — Chap. 227. 167 

daily portion of said two million gallons it shall determine 
the same by vote of its board of aldermen in the manner 
aforesaid. 

Section 3. The city of Waltham shall be liable for Liability for 
all damages to property that may be sustained by any 
person by the taking of water under authority hereof ; and 
the provisions of said chapters three hundred and thirty- 
seven, three hundred and nine, and two hundred and fifty- 
three, shall apply to the said additional two million 
gallons daily so far as the amount of water flowing in the 
Charles river is diminished thereby. 

Section 4. This act shall take effect upon its passage. 
Approved March 21, 1909. 



C7iap.227 



An Act relative to goods stored with public ware 
housemen and other depositaries. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-three of R. l its, § 

1 -n • 1 -r -11 -1 • • amended. 

the Kevised Laws is hereby amended by striking out section 

thirty-eight and inserting in place thereof the following 

new section : — Section 38. Whenever two or more per- Proceedings in 

sons claim any interest in property, or the ]n'oceeds or 

value of, or daina}>:es for the takine;, detention or con- 



eases of de- 
tention or con- 
version of 
property by a 

version of any property which is or has theretofore been gougemln'^^etc 
deposited with any public warehouseman, or other deposi- 
tary for hire, such bailee may, either in any action against 
him for the recovery of said property, or for such pro- 
ceeds, value, or damages, or as an original suit brought 
in the police, district or municipal court or before the trial 
justice within whose judicial district such property is situ- 
ated or was last held by such bailee, file a petition stating 
the names and residences of all known claimants, after 
such notice as the court may order upon said petition 
to all such claimants, and within such time after the re- 
turn of such order of notice as the court shall allow, such 
claimant or claimants shall file in said court a statement 
in writing of their several claims, and if no such claim 
is so filed the claimant or claimants may be defaulted. 
The court shall hear and determine the rights and interests Court to deter- 
of the respective parties in and to such property, pro- ^rtles"^*"*^ "^ 
ceeds, "\alue or damages, and shall enter judgment ac- 
cordingly, and upon such final judgment may order such 



Custody of 
goods, etc. 



168 Acts, 1909. — Chaps. 228, 229. 

return or delivery of the property, and may award such 
execution or executions for damages or costs or both for 
or against the respective parties to such proceeding as 
justice may require. Failure to comply with any such 
order for the return or delivery of such property may be 
dealt with as the court may direct. The goods may re- 
main in the custody of the bailee until the final judgment, 
and shall then be delivered in accordance with the order 
of the court. If the petition herein provided for be filed 
in an action of replevin, any order for the return of the 
property replevied, or any part thereof, may be for the 
return of such property to such party to said proceedings 
as may be adjudged to be entitled to the possession thereof; 
and if the order be not complied with, the bond in such 
case may, by leave of said court, be put in suit, in the 
name of the obligee therein, but for the benefit of the 
party or parties entitled to said property, and in such 
suit the court may award judgment and execution in ac- 
cordance with the respective interests of the parties 
thereto. 

Section 2. This act shall take effect upon its passage. 
Approved March 21, 1909. 

Cha2?.228 An Act to authorize the county of suffoi.k to pay 

A SUM OF MONEY TO GEORGE. BURGESS MAGRATH. 

Be it enacted, etc., as follows: 

sCffdkmay ^hc auditor of the county of Suffolk is hereby author- 

pay a sum of ized, upou the presentation of proper vouchers, and upon 

money to 7 i r l l 7 l 

George the approval of the mayor of the city of Boston, to allow 

Magrath. for payment to George Burgess Magrath, medical exam- 

iner for Suffolk county, a sum not exceeding one thou- 
sand dollars, the said sum having been paid by him for 
expenses necessarily incurred in the discharge of his of- 
ficial duties. Approved March 21 , 1909. 

Clia'p.'2i2Q An Act relative to the display of the united states 

FLAG ON SCHOOL HOUSES, 

Be it enacted, etc., as follows: 

amJiidtd ^ ^^' Section 1. Section fifty of chapter forty-two of the 
Bevised Laws is hereby amended by striking out the 
word " may ", in the fifth line, and inserting in j^lace 



Acts, 1909. — Chaps. 230, 231. 169 

thereof the word : — shall, — so as to read as follows : — 

Section 50. The school committee of every city and town United states 

shall provide for each schoolhoiise in which public schools pfa^ed^on^ '^"'' 

are maintained and which is not otherwise supplied, a schooihouses. 

United States flag of silk or bunting not less than four 

feet in length, and suitable apparatus whereby such flag 

shall be displayed on the schoolhouse building or grounds 

every school day when the weather permits and on the 

inside of the schoolhouse on other school days. 

Section 2. This act shall take effect upon its passage. 
Approved March 21, 1909. 

An Act relative to clerk hire and incidental ex- niffj^^ oqq 

PENSES OF the REPORTER OF DECISIONS OF THE SU- 
PRE ME JUDICIAL COURT. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-seven of chapter one hundred amended ' ^ ^^' 
and sixty-five of the Eevised Laws, as amended by sec- 
tion two of chapter three hundred and fifty-eight of the 
acts of the year nineteen hundred and eight, is hereby 
further amended by striking out the said section and in- 
serting in place thereof the following : — Section 67. The Compensation 
reporter shall receive from the commonwealth an annual dec^?ons^' ° 
salary of four thousand dollars, and shall be allowed not 
more than five thousand dollars a year for clerk hire and 
for incidental expenses of his office, which shall be paid 
by the commonwealth. These amounts shall be in full 
compensation for his services and for clerk hire and in- 
cidental 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 detailed statement thereof. 

Section 2. This act shall take effect upon its passage. 
Approved March 21, 1909. 



Chaixmi 



An Act to establish a board of survey for the city 
of waltham. 

Be it eymcted, etc., as follows: 

Section 1. The mayor of the city of Waltham shall v°'*for''the'"^' 
appoint, subieet to confirmation by the board of alder- cityofWai- 

■, ■ ■ ^ . \ . . tham, appoint- 

men, three persons, citizens ol said citv, to constitute a ment, terms, 

^ " ' etc. 



170 Acts, 1909. — Chap. 231. 

board of survey for the city, to serve, one for the term of 
one year, one for the term of two years and one for the 
term of three years from the first day of March in the 
year nineteen hundred and nine, and until their respective 
sTiccessors are appointed and confirmed ; and thereafter 
the mayor shall appoint annually, in the month of Janu- 
ary, subject to confirmation by the board of aldermen, one 
citizen of said city, to serve as a member of said board for 
the term of three years from the first day of March in that 
year, and until his successor is appointed and confirmed. 

Vacancy. Any vacaucy occurring in said board shall be filled by 

an appointment as aforesaid for the remainder of the 
unexpired term. The city engineer of the city shall act 
as clerk of the board. 

Plans of streets Section 2. Any pcrsou Or corporation desiring to lay 

or ways to be J l i . , ® . „ 

submitted to out, locatc Or coustruct any street or way in the city of 
Waltham shall, before beginning such construction, sub- 
mit to said board of survey suitable j^lans and profiles of 
such street or way, so prepared as to show also the method 
of drainage of the contiguous territory, all in accordance 
with such rules and regulations as the board may prescribe. 
to"be given""^ ITpou the receipt of such plans, with a petition for their 
®*°- approval, the board shall give a public hearing thereon 

after giving notice of such hearing by publication once 
a week for two successive weeks in a newspaper published 
in the city, the last publication to be at least two days 
before the hearing ; and after such hearing the board may 
alter such plans and may determine where such streets 
or ways shall be located and the width and grades thereof, 
and shall so designate on said plans. The plans shall then 
be approved and signed by the members of the board and 
by the mayor, whose refusal to sign shall be a veto, and 
filed in the ofiice of the city engineer, who shall attest 
thereon the date of filing, 
madesho^in Section 3. The board of survey may from time to 

location of lime causo to be made by the city engineer under its direc- 
ways.etc. tiou plaus of such territory or sections of land in said city 
as the board may deem necessary, showing thereon the 
location of such streets or ways, whether already laid out 
or not, as said board shall be of opinion the interest of the 
public requires or will require in such territory, showing 
clearly the directions, widths and grades of each street or 
way, and may incur such expenses as it may deem neces- 



Acts, 1909. — Chap. 231. 171 

sary therefor, not exceeding the amount of money appro- 
priated by the city for the purpose. Before making any Public hearing 
such plans the board shall give a public hearing as to the etc.^^'^*^"' 
locations, directions, widths, grades and plan for drainage 
of streets or ways in the territory to be shown on the plan, 
after advertising such hearing once a week for two suc- 
cessive weeks in a newspaper published in said city, the 
last advertisement to be at least two days before such hear- 
ing, and shall, after making any such plan, give a like 
notice of hearing and a hearing thereon, and keep the plan 
open to public inspection for one month after the first 
advertisement of such hearing. After such hearing, and 
after the alterations deemed necessary by said board have 
been made in the plan, the plan shall be approved, signed, 
marked, filed and attested as provided in respect to the 
plans mentioned in section two of this act. 

Section 4. The board of survey may from time to New plans to 
time make a new plan or plans to take the place of any 
plans that may be filed in accordance with the provisions 
of sections two and three of this act, or may make changes 
on any plan or plans so filed : provided, hoivever, that any Proviso. 
action involving new plans or changes in plans already 
duly attested and filed shall be made only after due notice 
and hearing, and otherwise in the manner specified in 
section two; and the last plan so made, or the plan with 
the changes last made thereon and duly attested and filed, 
shall be the official plan governing future development. 

Section 5. The powers of the board of aldermen of ^^^g^g^f 
the city in regard to highways shall not be abridged by board of ai- 
this act in any manner, except as provided in this section, abridged, etc. 
and the powers conferred by this act shall be in addition 
to the powers now possessed by them. After the passage 
of this act no street or way in said city, shown on any construction, 
plan filed as aforesaid, shall be laid out, located anew, or'^ways^^etc*^ 
altered or widened, and no such street or way, whether 
already or hereafter laid out, shall be constructed by any 
public authority except in accordance with the provisions 
of this act. If any person or corporation shall hereafter 
open for public travel any private way, the location, direc- 
tion, width and grades of which have not previously been 
approved in writing by the board of survey in the manner 
provided for in this act, then neither the city nor any 
other public authority shall place any public sewer, drain, 



172 



Acts, 1909. — Chap. 232. 



Appropria- 
tions. 



Damages. 



Liability of 
the city, etc. 



water pipe or light in, or do any public work of any kind 
on, such private way so opened to public travel contrary 
to the provisions of this act: provided, however, that 
these provisions shall not prevent the laying of a trunk 
sewer, drain, water or gas main, if it be required by 
engineering necessities. 

Section 6. The city of Waltham may from time to 
time appropriate sums of money to be expended by the 
board of sur^^ey for carrying out the provisions of this 
act ; but no expenditures shall be made in excess of such 
appropriation. 

SectiojSt 7. Said board of survey, its officers and 
agents, may, so far as they deem it necessary in carrying 
out the provisions of this act, enter upon any lands and 
there make such examinations and surveys and place and 
maintain such monuments and marks as they may deem 
necessary; and any person whose property is injured by 
such entry or by such placing or maintaining, who fails 
to agree with the city as to the amount of his damages, 
may have them assessed and determined in the manner 
provided by law in the case of land taken for the laying 
out of highways in said city, on application at any time 
within one year after such entry or after such placing 
and maintaining. 

Section 8. This act shall not be construed to authorize 
any taking or condemnation of land, or to render the city 
of Waltham liable for damages of any kind except for 
making entries upon land and for placing and maintaining 
monuments and marks as authorized by section seven, nor 
to authorize said city to lay out or construct any way 
located on any of said plans, until such way has been laid 
out as a highway under other provisions of law. 

Section 9. This act shall take effect upon its passage. 
Approved March 29, 1909. 



Chap.232 An Act to estabeisii the saeaky of william c. Dil- 
lingham, AN assistant CLEEK OF COURTS FOR THE 
COUNTY OF MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The salary of William C. Dillingham, the 
assistant clerk of courts for the county of Middlesex in 
charge of the daily lists and assignments of cases for trial 



Salary of 
assistant clerk 
of courts for 
Middlese.x 
county estab- 
lished. 



Acts, 1909. — Chaps. 233, 234. 173 

in said county, shall be thirty-five hundred dollars a year 
from the first day of January in the year nineteen hun- 
dred and nine. 

Section 2. This act shall take effect upon its passage. 
Approved March 30, 1909. 

An Act further to prohibit unauthorized persons r^Jir/jy 233 

FROM RIDING UPON A RAILROAD OR UPON THE PROPERTY 
OF THE BOSTON TERMINAL COMPANY. 

Be it enacted,, etc., as follows: 

Section 1. Section two hundred and thirty-four of §^234^pfrtii 
chapter four hundred and sixty-three, Part II, of the acts amended, 
of the year nineteen hundred and six, prohibiting un- 
authorized persons from riding upon a railroad or upon 
the property of the Boston Terminal Company, is hereby 
amended by striking out the words " after being requested 
to leave the same by an employee of the railroad or of 
said Boston Terminal Company, or by a police officer ", 
in the fifth, sixth and seventh lines, so as to read as fol- 
lows : — Section 234. Whoever, without right, rides or Penalty for 
attempts to ride upon a locomotive engine, tender, freight riding upon 
car, caboose, or other conveyance not a part of a passenger i°c°™°*^^^' 
train, upon a railroad or upon the property of the Boston 
Terminal Company, shall be punished by a fine of not 
more than fifty dollars or imprisonment for not more than 
six months. A sheriff, deputy sheriff, constable, police 
ofiicer, railroad police officer, or officer appointed with 
the powers of a railroad police officer, upon view of such 
an offence, may, without warrant, arrest the offender and 
make complaint against him therefor. 

Section 2. This act shall not apply to employees Not to apply to 
while in the discharge of their duties. ' employees. 

Approved March 31, 1909. 



An Act making appropriations for the expenses of rij.^^ 004^ 

THE MASSACHUSETTS NAUTICAL TRAINING SCHOOL. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Appropna- 
propriated, to be paid out of the treasury of the common- chulettl^nau- 
wealth from the ordinary revenue, for the purposes sJfh^ooL^'"*"^ 



174 



Acts, 1909. — Chaps. 235, 236. 



Current 
expenses. 



Expenses of 

commissioners, 

etc. 



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

For the current expenses of the Massachusetts nautical 
training school, a sum not exceeding fifty-eight thousand 
dollars. 

For the necessary expenses of the commissioners of the 
said school, including the salary of the secretary, clerical 
services, printing, stationery, contingent expenses and the 
l)rinting and binding of the annual report of the commis- 
sioners, a sum not exceeding five thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved March 31, 1909. 



Admission to 
bail by 
masters in 
chancery 
regulated. 



Chap.2^5 An Act relative to applications for bail to masters 

IN chancery. 

Be it enacted, etc., as follows: 

After a person is committed to jail to await the action 
of the grand jury he shall not be admitted to bail by a 
master in chancery who does not reside or have a usual 
place of business within the county in which the jail is 
situated, except upon proof that written notice of the 
proposed application has duly been served upon the dis- 
trict attorney, or one of the assistant district attorneys, 
for the district, at least twenty-four hours before a hearing 
on the application, specifying the name of the person, the 
crime with which he is charged, the time and place of 
hearing, and the name, occupation and residence of the 
proposed sureties, or upon proof that the district attorney, 
or one of the assistant district attorneys, for the district 
has waived notice of the hearing on such proposed appli- 
cation. Approved March 31, 1909. 



Chap.2oQ An Act to provide for expediting the final detert 

MINATION OF CAUSES. 

Be it enacted, etc., as follows: 

Section 1. When, in the trial of a civil action, the 
presiding justice is requested to rule that upon all the 
evidence the plaintiff cannot recover, and such request 
is refused, and exception by the defendant to such refusal 
is duly taken, and a finding or verdict returned for the 
plaintiff, then if the defendant's said exception is sus- 



Judgment to 
be entered 
for defendant, 
in certain 
cases. 



Acts, 1909. — Chap. 237. 175 

taincd in the supreme judicial court, and exceptions if any 
taken in said trial by the plaintiff are all overruled, the 
supreme judicial court may, by rescript, direct the entry 
in the trial court of judgment for the defendant, and 
thereupon judgment shall so be entered. 

Section 2. When, in the trial of a civil action the judgment to 
presiding justice is requested by the plaintiff to rule that pfafn/fffrfn^°'^ 
upon all the evidence a finding or verdict should be re- ''*^'''^'° °^^<'^- 
turned for the plaintiff', and such request is refused, and 
an exception to such refusal is duly taken, and a finding 
or verdict is returned for the defendant, then if the plain- 
tiff's said exception is sustained in the supreme judicial 
court, and the exceptions, if any, taken in said trial by 
the defendant are all overruled, the supreme judicial court 
may, by rescript, direct the entry in the trial court of 
judgment for the plaintiff, and thereupon judgment shall 
so be entered. 

Section 3. Js^othing in this act shall be construed as certain powers 
affecting or limiting the power of the trial court to set not affected, 
aside a verdict and order a new trial for any cause for 
which a new trial may by law be gi-anted. 

Approved 31 arch 31, 1909. 

An Act relative to the dissolution of liens on z^/,^^ oq^t 
buildings and land. ^ ' 

Be it enacted, etc., as follows: 

Section- 1. Section twenty-eight of chapter one hun- r. l. 197, § 28, 
dred and ninety-seven of the Revised Laws, as amended etc., amended, 
by chapter two hundred and twenty-three of the acts of 
the year nineteen hundred and six, is hereby further 
amended by inserting after the word " fixed ", in the four- 
teenth line, the words : — at the option of the party offer- 
ing the bond at the amount claimed in the statement filed 
by the party claiming the lien and an additional amount 
not less than fifty per cent of the amount claimed, or two 
hundred dollars, whichever is the larger addition, and if 
the amount of the bond is not so fixed then it shall be 
fixed, — so as to read as follows : — Section 28. A person Dissolution of 
who has an interest in property upon which the lien has ''^"' ®*''" 
been claimed may at any time before final judgment dis- 
solve the lien upon his interest in the whole or any part 
of the property by giving bond to the party claiming the 



176 Acts, 1909. — Chap. 237. 

Uen^°it'c.'°" °^ lierij with sureties who shall be approved in writing by 
him or his attorney, by a justice of a police, district or 
municipal court or by a master in chancery, conditioned to 
pay to such person within thirty days after final judgment 
an amount fixed as the value of said interest or so much 
thereof as may be necessary to satisfy the amount for 
which said interest may be found to be subject to such 
lien. If the parties do not agree as to the value of said 
interest, it may be fixed at the option of the party offering 
the bond at the amount claimed in the statement filed by 
the parly claiming the lien and an additional amount not 
less than fifty per cent of the amount claimed, or two hun- 
dred dollars, whichever is the larger addition, and if the 
amount of the bond is not so fixed then it shall be fixed 
in accordance with the provisions of sections one hundred 
find twenty-one and one hundred and twenty-two of chap- 
ter one hundred and sixty-seven. Before such bond is 
approved, the party wishing to dissolve the lien or a per- 
son in his behalf shall make application in writing to the 
magistrate, specifying therein the names and residences 
of the proposed sureties, and, except in case the proposed 
surety is a surety company qualified to do business in 
this commonwealth, therein setting forth the property 
with which each of said sureties proposes to qualify, and 
in case said property, as so set forth, be realty, then giving 
the date of acquiring the same, the location, assessed value, 
and incumbrances thereon, if any. Notice of the time and 
place of the hearing, containing a copy of the application 
to the magistrate, shall be given to the plaintiff or his 
attorney as provided in sections twenty-seven to thirty, 
inclusive, of chapter one hundred and seventy-five, but the 
plaintiff or his attorney may in writing waive such notice 
or may approve the bond at any time. The bond shall 
contain a description of the property or interest to be 
released and the obligor shall, within ten days after its 
approval, cause it to be recorded in the registry of deeds 
for the county or district in which the property lies. The 
lien shall not be dissolved until the bond has been so re- 
corded, after which the bond may be taken by the obligee 
from the registry. 

Section 2. This act shall take effect upon its passage. 
Approved March 31, 1909. 



Acts, 1909. — Chap. 238. 177 



An Act to authorize the Shirley village water njinj) 238 

DISTRICT TO MAKE AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The Shirley Village Water District, for shWey village 
the purposes mentioned in chapter one hundred and nine- wn.'^Act o^* 
teen of the acts of the year nineteen hundred and three, ^^°^ 
may issue from time to time bonds, notes or scrip to an 
amount not exceeding fifteen thousand dollars in addition 
to the amount heretofore authorized to be issued by said 
district for water works purposes. Such bonds, notes or 
scrip shall bear on their face the words, Shirley Village 
Water District Loan, Act of 1909 ; shall be payable at 
the expiration of periods not exceeding thirty years from 
the date or dates of issue ; shall bear interest payable semi- 
annually at a rate not exceeding four per cent per annum ; 
and shall be signed by the treasurer of the 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 purposes of this act, 
upon such terms and conditions as it may deem proper: 
provided, that no bond, note or scrip shall be sold for less Proviso, 
than the par value thereof. 

Section 2. Said district shall, at the time of authoriz- Payment of 
ing said loan, provide for the payment thereof in such 
annual proportionate payments as will extinguish the 
same within the time prescribed by this act ; and when 
a vote to that effect has been passed, a sum which, with 
the income derived from water rates and payments for 
hydrant service, will be sufficient to pay the annual ex- 
pense of operating its water works and the interest as it 
accrues on the bonds, notes or scrip issued as aforesaid, 
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 an- 
nually thereafter in the manner provided by section nine 
of said chapter one hundred and nineteen, until the debt 
incurred by said loan is extinguished. 

Section 3. The town of Shirley may by a two thirds Town may 
vote of the legal voters present and voting at a legal meet- mTnTorbond^^ 
ing called for the purpose guarantee the payment of the ^*''" 



178 Acts, 1909. — Chap. 239. 

bonds, notes or scrip issued under authority of this act, 
provided such meeting is held within one year after its 



Section 4. This act shall take effect upon its passage. 
Approved March 31, 1909. 



Chap.2^^ An Act to establish fire district number two in 

THE TOWN OF SOUTH HADLEY. 

Be it enacted, etc., as follows: 
Fire District Section 1. The inhabitants of South Hadley liable 

Number Two . . , . , . . , . . "^ . 

in the Town of to taxation in that town and residing withm the territory 
estabiisiied. euclosod by the following boundary lines, to wit : — Be- 
Hn^s^of^^ ginning at the intersection of Bachelor's brook by the 
district. boundary line between South Hadley and Granby; and 

thence running westerly along the course of said Bachelor's 
brook to the Connecticut river ; thence southerly along the 
easterly bank of the Connecticut river to the mouth of 
Stony brook ; thence southerly and easterly along the 
course of said Stony brook to a small stream known as 
Leaping Well brook ; thence easterly along said Leaping 
Well brook to the culvert at the junction of College, IS'ew- 
ton and Brainerd streets ; thence running easterly to a 
point in Mosher street in front of the Mosher house, so- 
called ; thence easterly along said Mosher street to a culvert 
crossing said street, which culvert is northeast of Calvin 
Preston's house ; thence easterly from said culvert to a 
stone monument on the Granby line at the point where 
said line is crossed by Morgan street ; thence northerly 
along said Granby line to the point of beginning, shall 
constitute a fire district, and are hereby made a body 
corporate, by the name of Fire District IsTumber Two in 
the Town of South Hadley; and said corporation shall 
have the powers and privileges and shall be subject to the 
duties and liabilities set forth in all general laws now or 
hereafter in force relating to fire districts, 
Sf wfth'^ Section 2. The said district may supply itself with 

water, etc. water for the extinguishment of fires and for domestic and 
other purposes, may establish fountains and hydrants and 
may relocate and discontinue the same ; may regulate the 
use of such water, and may fix and collect rates to be paid 
therefor, and may take, or acquire by lease, purchase, or 



Acts, 1909.— Chap. 240. 179 

otherwise, and may hold property, lands, rights of way 
and easements, for the purposes mentioned in this act, 
and may prosecute and defend any or all actions relating 
to the property and affairs of the district: provided, how- Proviso. 
eve)', that no source of water supply and no lands necessary 
for preserving the quality of such water shall be acquired 
without first obtaining the advice and approval of the 
state board of health, and that the location of all dams, 
reservoirs and wells to be used as sources of water supply 
under this act shall be subject to the approval of said 
board. 

Section 3. The first meeting of said district shall. First meeting, 
within three months 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 toAvn of South Hadley, or 
from a justice of the peace, directed to one of the petition- 
ers, requiring him to give notice of the meeting by posting 
cojnes 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 petitioners shall preside at the meet- 
ing until a clerk is chosen and sworn, and the clerk shall 
preside until a moderator is chosen. The meeting then 
may proceed to act upon the other articles contained in 
the warrant. 

Section 4. This act shall take effect upon its passage. 
Approved March 31, 1909. 



An Act to authorize the city of taunton to make njif,^ oaq 

AN ADDITIONAL WATER LOAN. -^' 

Be it enacted, etc., as follows: 

Section 1. The city of Taunton, for the purposes Taunton 
mentioned in chapter two hundred and seventeen of the AJt*of i909.' 
acts of the year eighteen hundred and seventy-five and 
acts in addition thereto, may issue from time to time 
bonds, notes or scrip to an amount not exceeding one 
hundred thousand dollars in addition to the amounts here- 
tofore authorized to be issued by said city for water works 
purposes ; and the same shall not be reckoned in determin- 
ing the statutory limit of indebtedness of the city. Such 
bonds, notes or scrip shall bear on their face the words, 
Taunton Water Loan, Act of 1909 ; shall be payable at 



180 



Acts, 1909. 



Chai^ 241. 



Payment of 



When to take 
effect. 



the expiration of periods not exceeding thirty years from 
the dates of issue ; shall bear interest payable semi-annually 
at a rate not exceeding four per cent per annum; and 
shall be signed by the treasurer of the city and counter- 
signed by the mayor. The city may sell such securities 
at public or private sale, or pledge the same for money 
borrowed for the purposes of this act, upon such terms and 
conditions as it may deem proper : provided, that they shall 
not be sold for less than the par value thereof ; and pro- 
vided, further, that no part of the proceeds of the sale of 
said bonds, notes or scrip shall be used in payment of 
running expenses. 

Section 2. Said city shall at the time of authorizing 
said loan provide for the payment thereof in such annual 
proportionate payments, beginning not more than five 
years after the first issue of any of such bonds, notes or 
scrip, as will 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, 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 city in each year thereafter, 
in the same manner in which other taxes are assessed, 
under the provisions of section thirty-seven of chapter 
twelve of the Eevised 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 March 31, 1909. 



Char).24:l An Act relative to the tenure of office of the 

CHIEF OF THE FIRE DEPARTMENT OF THE CULTY OF 
NORTH ADAIMS. 

Be it enacted, etc., as follows: 
Term of office. Section 1. The term of office of the chief of the fire 
department of the city of North Adams shall be three 
years. 



Acts, 1909. — Chaps. 242, 243. 181 

Section 2. So much of chapter one hundred and forty- Repeal, 
eight of the acts of the year eighteen hundred and ninety- 
five and of any amendment thereof as is inconsistent 
herewith is hereby repealed. 

SECTioisr 3. This act shall take effect upon its passage. 
Approved March 31, 1909. 

An Act relative to applications for life insurance (JJiav.24i2 

AND to the attachment THEREOF TO INSURANCE 
POLICIES. 

Be it enacted, etc., as follows: 

Section 1. Section seventy-three of chapter fi.ve hun- 1907, 576, 
dred and seventy-six of the acts of the year nineteen hun- ^ ^^' ^™«°<^«'^- 
dred and seven is hereby amended by striking out the 
words '' Every policy shall have attached thereto a correct 
copy of the application, and unless so attached the same 
shall not be considered a part of the policy or received in 
evidence ", in the forty-third, forty-fourth, forty-fifth and 
forty-sixth lines of the first paragraph, and inserting in 
place thereof the following : — Unless a correct copy of ^^j^^nfo ^e a"t- 
the application is attached to the policy the application tached to cer- 

1 11 1 -1 T <• 1 1- • 1 • tain policies. 

shall not be considered a part 01 the policy or received in 
evidence for any purpose. Every policy which contains 
a reference to the application, either as a part of the policy 
or as having any bearing thereon, shall have attached 
thereto a correct copy of the application. 

Section 2. This act shall take effect upon its passage. 
Approved March 31, 1909. 

An Act relative to payments in lieu of taxes on rjJinjt 243 

PROPERTY HELD BY THE COMMONWEALTH FOR WATER 
SUPPLY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. All general laws relating to annual pay- certain pro- 
ments in lieu of taxes on property held by a city or town roTp^piy^to^"^ 
in another city or town for water supply purposes shall, pofiSn^wa'ter 
so far as they are applicable, apply to the metropolitan ^^pp'^- ^t<=- 
water supply and to the lands held by the commonwealth 
and used by the metropolitan water and sewerage board 
for such supply in cities and towns other than the towns 



182 



Acts, 1909. — Chap. 244. 



of Ashland, Boylston, Ilolden, Hopkinton, Sterling and 
West Boylston. 

Section 2. This act shall take effect upon its passage. 
Approved March 31, 1909. 



Chap.2U 



Powers of 
major and 
aldermen in 
regard to ap- 
pointments, 
etc. 



Certain 
officers to 
give bond. 



Certain 

Eowers may 
e exercised 
by the city 
council, etc. 



City collector, 
election, etc. 



An Act relative to the appointment of certain 

POLICE officers AND CONSTABLES OF THE CITY OF 
SPRINGFIELD AND TO THE ELECTION OF A CITY COL- 
LECTOR OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The mayor and aldermen of Springfield 
shall have exclusive power to appoint a constable and 
assistants, or a chief of police, a deputy chief of police 
and assistants, with the powers and duties of constables, 
and all other police officers, and to remove the same in the 
manner provided by law. They may require any person 
appointed a chief of police, a deputy chief of police or a 
constable of the city to give bond, with such security as 
they may deem reasonable, before he enters upon the 
duties of his office; upon which bonds the like proceedings 
and remedies may be had as upon constables' bonds taken 
by selectmen of towns. 

Section 2. The powers and duties conferred and im- 
posed by section one of this act upon the mayor and 
aldermen of the said city in relation to the establishment 
and maintenance of a police department, the appointment 
of a constable, a chief of police, deputy chief of police 
and assistants, and all other police officers, may be exer- 
cised and performed by the city council, in such manner 
as it may from time to time prescribe, and wholly or in 
part through the agency of any persons acting as a board 
whom it may from time to time designate, and with such 
limitations of power as it may by ordinance determine. 

Section 3. The city council of the city of Springfield 
shall annually, as soon after its organization as may be 
convenient, elect, in convention, a city collector who shall 
have all the powers and perform all the duties heretofore 
had and performed by the collector of taxes of said city. 

Section 4. So much of section eight of chapter ninety- 
four of the acts of the year eighteen hundred and fifty-two 
as is inconsistent herewith, and chapter one hundred and 



Acts, 1909. — Chaps. 245, 246. 183 

thirty-four of the acts of the year nineteen hundred and 
two, are hereby repealed. 

Section 5. This act shall take effect upon its passage. 
Approved April 1, 1909. 



ChajpM5 



An Act to requiee the use of undee-water exhausts 
OR mufflers on certain motor boats. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful to use a boat propelled, ^i^^ro'^ded *° 



th certain 
appliances. 



in whole or in part, by gas, gasoline or naphtha, unless the 
same is provided with an under-water exhaust or a muffler, 
so constructed and used as to muffle in a reasonable manner 
the noise of the explosion. 

Section 2. Any person who operates a boat in viola- penalty 
tion of the provisions of the preceding section shall be 
punished by a fine of not more than twenty-five dollars. 

Approved April 1, 1909. 



ChapMQ 



An Act to confirm the oeganization and peoceed- 

INGS OF the CHATHAM SEA SIDE CEMETEEY COEPORA- 
TION. 

Be it enacted, etc., as follows: 

Section 1. The acts and proceedings of Warren certain pro- 
Eogers, Daniel W. Xickerson, C. H. Rockwell, S. E. chfthfmle?^ 
Hallett, David W. Edwards, Thomas Hawes, James F. side Cemetery 

o«i»-iirn T-»« Corporation 

Smith, Gaius Mullett, Benjamin Patterson, Roland Mul- confirmed, 
lett, Leander F. Gould, Stephen W. Gould, B. S. Gaboon 
and their associates in organizing the Chatham Sea Side 
Cemetery Corporation, in the town of Chatham, and the 
subsequent proceedings of the above named persons, their 
associates and successors under said organization are 
hereby ratified and confirmed ; and the Chatham Sea Side 
Cemetery Corporation is hereby established as an exist- 
ing corporation, with all the powers, rights and privileges,, 
and subject to all the duties, limitations and restrictions 
set forth in all general laws now or hereafter in force 
relating to such corporations. 

Section 2. This act shall take effect upon its passage. 
Approved April 1, 1909. 



184 



Acts, 1909. — Chaps. 247, 248. 



Expenditures 
during the 
current year. 



Chajy-^^T Aw Act relative to ttie boaed of approval of sewer- 
age WORKS IN THE WATERSHED OF THE CHARLES RIVER 
BASIN.. 

Be it enacted, etc., as follows: 

Section 1. The board created by chapter four 
hundred and eighty-five of the acts of the year nineteen 
hundred and seven, entitled " An Act relative to the con- 
struction of sewerage works within the watershed of the 
Charles river basin by the city of Boston ", may expend 
for salaries of engineers and assistants and for other 
necessary purposes during the current year a sum not 
exceeding eighteen hundred dollars. 

Section 2. This act shall take effect upon its passage. 
Approved April 1, 1909. 



R. L. 164. : 
etc., amene 



Chap.24S An Act to authorize the appointment of a woman 

AS ASSISTANT REGISTER OF PROBATE AND INSOLVENCY 
FOR THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section seventeen of chapter one hundred and sixty- 
four of the Revised Laws, as amended by section one of 
chapter two hundred and eighty-six of the acts of the 
year nineteen hundred and four and by section three of 
chapter four hundred and forty-two of the acts of the year 
nineteen hundred and seven, is hereby further amended 
by striking out the word " and ", in the eighth line, and 
inserting after the word " Worcester ", in the same line, 
the words : — and Su-ffolk, — so as to read as follows : — 
Section 17. The judges for the counties of Berkshire, 
Bristol, Essex, Franklin, Hampden, Hampshire, Mid- 
dlesex, Xorfolk, Suffolk and Worcester may each appoint 
an assistant register of probate and insolvency for his 
county, who shall hold office for three years unless sooner 
removed by the judge. Such assistant register in Berk- 
shire, Bristol, Franklin, Hampden, Hampshire, Worcester 
and Suffolk may be a woman. Before entering upon the 
performance of his duties, an assistant register shall take 
the oath prescribed by the constitution, and shall give bond 
to the treasurer and receiver general for the faithful per- 
formance of his official duties, in a sum not less than five 



Assistant reg- 
isters of pro- 
bate and 
insolvency, 
appointment, 
etc. 



Acts, 1909.— Chap. 249. 185 

hundred nor more than five thousand dollars, as may be 
ordered by the judge, with one or more sureties who shall 
be approved by him. Approved April 1, 1909. 



An Act making appropriations for sundry miscel- /^7,^^ 04.Q 

LANEOUS EXPENSES AUTHORIZED DURING THE PRESENT "' 

YEAR, AND FOR CERTAIN OTHER EXPENSES AUTHORIZED 
BY LAW. 

Be it enacted, etc., as follotvs: 

Section 1. The sums hereinafter mentioned are ap- Appropria- 
propriated, to be paid out of the treasury of the com- *'°°^" 
monwealth from the ordinary revenue, for the purposes 
specified, to wit : — 

For Lemuel D. Burr and Anna Burr, as authorized by Lemuel d. 
chapter three of the resolves of the present year, the sum iurr.'''''^ ^"°^ 
of one hundred and fifty dollars. 

For an annuity to Lemuel D. Burr and Anna Burr, as Annuity, 
authorized by chapter four of the resolves of the present 
year, the sum of one hundred and fifty dollars. 

For compiling, indexing and publishing the records of ^^^0°^"*'°°*''^ 
Massachusetts soldiers and sailors who served in the revo- 
Jutionary war, under the direction of the secretary of the 
commonwealth, as authorized by chapter eight of the re- 
solves of the present year, a sum not exceeding three 
thousand dollars. 

For reimbursing the Kenny-Clark Company for the Kenny-ciark 
loss of a horse, as authorized by chapter twelve of the Company, 
resolves of the present year, a sum not exceeding one 
hundred and seventy-five dollars. 

For Roger D. Swaim of Cambridge, for injury to a Roger d. 
horse, as authorized by chapter thirteen of the resolves ^^^*™- 
of the present year, the sum of one hundred dollars. 

For the Massachusetts Charitable Eye and Ear In- Massachusetts 
firmary, as authorized by chapter seventeen of the resolves and'sar fn- ^^ 
of the present year, the sum of thirty-five thousand dollars, fi'"™^'"^- 

For reimbursing R. H. Grogan for injury to a horse, r. h. Crogan. 
as authorized by chapter eighteen of the resolves of the 
present year, the sum of two hundred dollars. 

For an annuity to Elbridge G. Gigger, as authorized qI^"^'].^® ^• 
by chapter twenty of the resolves of the present year, the 
sum of one hundred thirtv-seven dollars and fiftv cents. 



186 



Acts, 1909. — Chap. 249. 



Lucinda B. 
Cummings. 



Fifth company 
of coast 
artillery. 



Index of war 
and militia 
records. 



Normal school 
at Westfield. 



Clerk, treas- 
urer's office. 



Boiler inspec- 
tion depart- 
ment, district 
police. 



Lyman S. 
Hapgood. 



J. Herbert 
Thompson. 



Massachusetts 

Agricultural 

College. 



Thompson 
Hardware 
Company. 



Town of 
Amesbury. 



For an annuitj to Lucinda B. Cummings, as authorized 
by chapter twenty-one of the resolves of the present year, 
the sum of one hundred thirty-seven dollars and fifty cents. 

For reimbursing certain members of the fifth company 
of coast artillery for clothing destroyed by fire, as author- 
ized by chapter twenty-two of the resolves of the present 
year, a sum not exceeding fourteen hundred and fifty 
dollars. 

To provide for making an index of the war and militia 
records in the archives of the adjutant general, as author- 
ized by chapter twenty-three of the resolves of the present 
year, a sum not exceeding twenty-five hundred dollars. 

To provide for improvements at the state normal school 
at Westfield, as authorized by chapter twenty-four of the 
resolves of the present year, a sum not exceeding fifteen 
hundred dollars. 

For the salary of an additional clerk in the office of 
the treasurer and receiver general, as authorized by chap- 
ter ninety-four of the acts of the present year, a sum not 
exceeding one thousand dollars. 

For investigation work and apparatus, and for main- 
tenance expenses, in the boiler inspection department of 
the district police, as authorized by chapter one hundred 
and thirty-one of the acts of the present year, a sum not 
exceeding one thousand dollars. 

For Lyman S. Hapgood, executor of the estate of Mary 
A. Gott, as authorized by chapter twenty-five of the re- 
solves of the present year, the sum of fifty-five dollars. 

For reimbursing J. Herbert Thompson for injuries to 
a horse used by the militia, as authorized by chapter 
twenty-seven of the resolves of the present year, the sum 
of seventy-five dollars. 

For replacing a barn and contents destroyed by fire at 
the Massachusetts Agricultural College, as authorized by 
chapter twenty-eight of the resolves of the present year, a 
sum not exceeding thirty thousand dollars, to be expended 
under the direction of the trustees of said college. 

For the Thompson Hardware Company, as authorized 
by chapter twenty-nine of the resolves of the present year, 
the sum of fifty-eight dollars and twenty-five cents. 

For the town of Amesbury, to reimburse it for the sup- 
port of Sarah A. Littlefield and her sons, as authorized 



Acts, 1909. — Chaps. 250, 251. 187 

by chapter thirty of the resolves of the present year, the 
sum of six hundred sixty-three dollars and forty cents. 

For the town of Prescott, to reimburse it for money Town of 
paid for the support of certain paupers, as authorized by 
chapter thirty-one of the resolves of the present year, the 
sum of twelve hundred forty-four dollars and twenty- 
eight cents. 

To provide for the representation of the commonwealth Dedication of 
at the dedication of a memorial shaft in the National cem- Baton Rouge, 
etery at Baton Rouge, Louisiana, as authorized by chapter 
thirty-two of the resolves of the present year, a sum not 
exceeding five thousand dollars. 

For the general work of the state board of health, includ- state board of 

., ^ ... ' -. health, 

mg all necessary travelling expenses, a sum not exceeding expenses, 
seventy-five hundred dollars, the same to be in addition 
to the amount appropriated for that purpose by chapter 
bixty-one of the acts of the present year. 

Section 2. This act shall take effect upon its passage. 
Approved April 1, 1909. 



CJia2J.250 



An Act to provide that persons afflicted with 
leprosy shall be state * charges. 

Be it enacted, etc., as follows: 

Section 1. A person who, being afflicted with leprosy. Persons 
is confined in any state institution for the care of lepers, feprosy to be 
shall be a state charge, and no sum shall be collected on ^'^^^ charges, 
his account from the city or town in which he has a set- 
tlement. 

Section 2. This act shall take effect upon its passage. 
Approved April 1, 1909. 

An Act to unite the boston chamber of commerce ni-.^^^ o^i 

AND THE BOSTON MERCHANTS ASSOCIATION IN ONE COR- ^ ' 

PORATION UNDER THE NAME OF THE BOSTON CHAMBER 
OF COMMERCE. 

Be it enacted, etc., as folloius: 

Section 1. The Boston Chamber of Commerce and the Boston 
Boston Merchants Association, each a corporation duly comm'll-ce"^ 

and Boston 



established under the laws of this commonwealth, are itfe'^c^nTs 

Associatio 
may unite, etc. 



hereby authorized to unite and form one corporation un- Association 



der the name of the Boston Chamber of Commerce. 



188 



Acts, 1909. — Chap. 251. 



Objects of 
corporation. 



Rights, powers, 
etc., of new 
corporation, 
etc 



By-laws, etc. 



May hold 
real and per- 
sonal estate. 



Membership. 



Section 2. The objects of the new corporation shall 
be to promote the commerce, industry and public interests 
of Boston, and of New England ; to promote and regulate 
a commercial exchange in the city of Boston; to acquire, 
preserve and disseminate business information; to adjust 
controversies and misunderstandings; to establish and 
maintain uniformity in commercial usages ; and to pro- 
mote just and equitable principles of trade. 

Section 3. Said new corporation shall have all the 
rights, powers, franchises and privileges now held by, and 
be subject to all the liabilities, restrictions and duties now 
imposed upon either of said existing corporations except 
as is otherwise provided herein. Each of said existing 
corporations is hereby authorized to assign, transfer and 
convey to said new corporation all its rights, privileges, 
interests, estates and property, and said new corporation 
is authorized to receive and hold the same, and shall 
thereupon become liable for all the debts, liabilities or 
obligations of both of said corporations. The so-called 
sustaining fund, instituted by said Boston Merchants As- 
sociation, shall be assigned to the new corporation and 
shall be devoted to the purposes .for which it was insti- 
tuted. 

Section 4. The new corporation shall have power to 
establish suitable by-laws to carry out all powers herein 
granted, including provisions as to the admission, suspen- 
sion and expulsion of members, transfer of certificates of 
membership and forfeiture of the same, and delegation 
of power to officers, committees and directors. Until by- 
laws have been adopted by the new corporation, the by- 
laws of the present Boston Chamber of Commerce, so far 
as they are applicable and not inconsistent with this act, 
shall be in force as to the new corporation. 

Section 5. The said Boston Chamber of Commerce 
authorized hereunder is hereby authorized to hold real 
and personal estate to an amount not exceeding one mil- 
lion five hundred thousand dollars, with authority to sell, 
purchase, mortgage, lease or rent the same or any part 
thereof. 

Section 6. The new corporation shall consist of not 
more than two thousand individual certificate-holding 
members, including those holding gratuity fund participat- 
ing certificates as herein provided for, and such number 



Acts, 1909. — Chap. 251. 189 

of other members as may be fixed by the by-laws and as 
is hereinafter provided for. Certificates of membership 
shall have a par value of two hundred dollars each and 
shall bear interest at the rate of four per cent per annum. 
Xo person shall be the permanent holder of more than one 
certificate, but the corporation by appropriate by-laws 
may provide for the temporary holding by individual 
members of not more than five certificates, but members 
holding more than one certificate shall be entitled to but 
one vote and shall not be obliged to pay dues on more 
than one certificate standing in their name : provided, how- Proviso. 
ever, that upon and after the first transfer of any such 
surplus certificates to any person other than the executor, 
administrator or trustee of the temporary holder thereof, 
each of such certificates so transferred shall be liable for 
all regular assessments. 

Section 7. Provision shall be made in the rules and ^^'|^to con'^^' 
by-laws of the new corporation for the continuation and t^'" certain 

1 • r 1 ■ • T r •^• • i i n provisions. 

regulation oi the existing trading lacilities, and the collec- 
tion and dissemination of information, data, and statistics, 
for the use of the commercial, manufacturing, shipping 
and public interests ; for the conduct of work instituted 
and planned by the said Boston Merchants Association 
in the interest of metropolitan Boston and New England ; 
for the regulation or management of the Gratuity Fund; 
and for such other departments, branches, boards, or 
committees as from time to time may be deemed ad- 
visable. 

Section 8. The officers of the new corporation shall Officers, etc 
consist of a president, one or more vice presidents, a 
board of directors and such other officers as may be de- 
termined by the by-laws. All officers shall hold their of- 
fices for the length of time fixed by the by-laws, and shall 
have and exercise the powers prescribed in said by-laws. 
The corporation shall have power to expend the moneys of 
the corporation for any and all purposes within the scope 
of its charter and by-laws; and it may also receive, in 
trust or otherwise, moneys or other property, real or 
]_)ersonal, and invest and expend the same for any of the 
objects of the corporation as contained in the charter or 
by-laws. 

Section 9. Notwithstanding the said consolidation, Former cor- 
the present corporations known as the Boston Chamber of continue^n" 



190 



Acts, 1909. — Chap. 251. 



existence 
until, etc. 



Certificate 
holders to 
receive new 
certificates, 
etc. 



Privileges of 
certificates of 
membership 
limited, etc. 



Powers of 
new corpo- 
ration, etc. 



Commerce and the Boston Merchants Association, shall 
continue in existence for such time as is necessary for the 
full performance of the agreement of consolidation, for 
the settling of the business affairs of each corporation, and 
for the recovery of all sums of money due or in litigation, 
said sums, however, to be assigned, when and if recovered, 
for the use of the new corporation. 

Section 10, Each member or holder of a certificate of 
the present Boston Chamber of Commerce, when the act 
of consolidation shall take effect, shall, upon payment by 
the new corporation and the performance of the other 
conditions contained in sections fourteen and fifteen of 
this act, surrender to the treasurer his certificate of mem- 
bership and be entitled to receive without payment of any 
fee or assessment a certificate of membership in the new 
corporation as hereinbefore provided. Such certificate 
shall indicate upon its face whether the member is en- 
titled to participate in the Gratuity Fund hereinafter 
mentioned. Each Gratuity Fund participating certificate 
of the present Boston Chamber of Commerce shall be ex- 
changed for a similar Gratuity Fund participating cer- 
tificate in the new corporation. Each member of the 
Boston Merchants Association, when the act of consoli- 
dation takes effect, shall be entitled to become a certificate 
holding member of the new corporation by subscribing 
for at least one certificate of membership, paying to the 
treasurer of the new corporation for every such certificate 
the sum of two hundred dollars, which certificate shall 
not carry any privilege of participation in the Gratuity 
Fund. The members of said Boston Merchants Associ- 
ation, however, shall have the privilege of subscribing 
temporarily for more than one certificate as hereinbefore 
provided. 

Section 11. Certificates of membership in the new 
corporation, not issued in exchange for Gratuity Fund 
participating certificates of the present Boston Chamber 
of Commerce, shall not carry any privilege of participa- 
tion in the Gratuity Fund, nor be liable for any assess- 
ments for its account. 

Section 12. The new corporation shall have power 
to elect other members than those holding certificates, the 
number of whom shall, from time to time, be fixed at 
meetings duly called for that purpose. Such members 



Acts, 1909. — Chap. 251. 191 

shall be liaLle only for the same annual dues as are levied 
upon certificate holding members, and shall have no in- 
terest in the real estate or other property of the new 
corporation ; they shall, however, have equal voting power 
with the certificate holding members, except in matters 
affecting the management of the property, real or personal, 
owned by said corporation, but shall have equal rights 
with certificate holding members to use and enjoy the 
same; and they shall also have all other rights and privi- 
leges of certificate holding members, save as aforesaid, 
except that they shall not be allowed to participate in the 
trading privileges and facilities of said new corporation, 
nor shall they be entitled to participate in the Gratuity 
Fund provided for in this act. 

Sectiox 13. The new corporation by concurrent vote Outstanding 
of a two thirds majority of both certificate holding and ho'dinT mem- 
other members present and voting at separate meetings b^can^eikdy 
called for this specific purpose, notice of which meetings ^*°- 
shall be mailed to each member not more than fifteen or 
less than ten days in advance, shall have the right, upon 
the payment of the sum of two hundred dollars and ac- 
crued interest to each certificate holder to cancel and re- 
tire all outstanding certificate-holding memberships, upon 
such terms and conditions as shall be determined by said 
two thirds majority vote. In the event of the exercise 
of such right of cancellation there shall be thenceforth but 
one form of membership in said corporation, and each 
member, whether previously a certificate holding or other 
member, shall receive a certificate representing the same 
individual interest in all the property, rights and privi- 
leges of the new corporation save and except participation 
in the Gratuity Fund, which participation shall always be 
confined to holders of certificates marked " Gratuity Fund 
Participating ", which imprint shall appear upon the face 
of every certificate issued in exchange for a retired certifi- 
cate bearing similar imprint. 

Section 1-4. In consideration of the transfer by said Proceeding 
present Boston Chamber of Commerce of all its property dation is 

■ . 1 , . 1 /. , 1 „ ^ -r. . effected, etc. 

to said new corporation, and for the purpose of equalizing 
the interests of all certificate holding members in said new 
corporation, the new corporation shall pay over to the 
present Boston Chamber of Commerce from the proceeds 
of the sale of certificates herein provided for, the sum of 



192 



Acts, 1909. — Chap. 251. 



Consolidation 
to become 
void, unless, 
etc. 



Authority of 
new corpora- 
tion, etc. 



Gratuity 
Fund. 



Membership 
limited. 



two hundred thousand dollars, to be paid in equal shares 
by the present Boston Chamber of Commerce to the 
holders of its certificates at the time when the act of con- 
solidation takes effect. If such payment is not made or 
tendered within ninety days after the passage of this act 
or within such further time as may be determined upon 
by the board of directors of the present Boston Chamber 
of Commerce, the consolidation herein provided for shall 
be null and void. 

Section 15. The consolidation herein provided for 
shall become void and of no effect unless within said period 
of ninety days, or within the extension of such period as 
provided for in section fourteen, the present Boston Mer- 
chants Association shall secure one thousand members 
of the new corporation paying annual dues either as cer- 



tificate-holding or other members, 



of whom shall, at 



the time when the act of consolidation takes effect, be 
members of the present Boston Chamber of Commerce. 

Section 16. All moneys in the Gratuity Fund shall 
be transferred by said Boston Chamber of Commerce, 
trustee, to the new corporation as trustee, and the new 
corporation shall have full authority to manage said 
Gratuity Fund, levy and collect assessments, and pay 
over the same to the beneficiaries in the same manner as 
now done by the present Boston Chamber of Commerce. 

Section 17. The members of the present Boston 
Chamber of Coimnerce, upon exchange of their Gratuity 
Fund participating certificates for similar Gratuity Fund 
participating certificates in the new corporation, and their 
transferees, shall constitute the participating members of 
the Gratuity Fund of the new corporation. The Gratuity 
Fund shall be managed by the new corporation as a sep- 
arate special fund in accordance with and subject to the 
by-laws of the present Boston Chamber of Commerce, 
save only as modified by this act. 

Section 18. The Gratuity Fund participating certifi- 
cates shall at all times be limited to one thousand. Par- 
ticipation in said Gratuity Fund, save as provided in 
sections ten and seventeen of this act, and the payment 
of the per capita value of the Gratuity Fund shall not 
be a condition of admission to membership in the new 
corporation, but non-participating certificate-holding mem- 



Acts, 1909. — Chap. 251. 193 

bers of the new corporation, provided they are otherwise 
eligible, may in the event of vacancies within the limit of 
one thousand, and upon payment of the per capita value 
of the fund at the time of admission, become participants 
in the order of date of their application for such privilege. 
Gratuity Fund participating certificates of the new cor- 
poration shall not be transferred to any one who is not 
eligible and willing to become immediately a participant 
therein. 

Section 19. Said new corporation shall not assume New corpora- 
any liability to the participants in the Gratuity Fund, assume certain 
The intei-ests of all participating members in said fund '* ' '*^' ^"'" 
shall be confined to the special funds held in trust for 
said Gratuity Fund in the manner provided by the by-laws 
of the present Boston Chamber of Commerce and to as- 
sessments levied or collected for the purposes of said 
fund. Any Gratuity Fund participating certificate upon 
which the gratuity assessment is not paid shall be sold for 
non-payment in a manner to be determined by the by-laws 
of the new corporation. 

Section 20. The first meeting of the new corporation First 
shall be called by the presidents of the two existing cor- ™^^ *'^^' 
porations by a notice setting forth the time and place of 
said meeting and publication in some newspaper in the 
city of Boston seven days at least before said meeting, and 
at such meeting all members of either of said corporations 
shall be entitled to vote in like manner as they would 
have been if said corporations had met separately: pro- Proviso. 
vided, however, that no single membership shall carry the 
right to more than one vote. At such meeting either pres- 
ident may preside until permanent organization is ef- 
fected, or in the absence of both presidents, the meeting 
may choose its temporary presiding officer. 

Section 21. This act shall take effect upon its passage. Act to be 
subject only to the provisions of sections fourteen and Iccep'ted'^^ 
fifteen, but shall be void unless accepted within one year year!" °°^ 
thereafter by each of said existing corporations at meet- 
ings called for that purpose. 

Approved April 1, 1909. 



194 



Acts, 1909. — Chap. 252. 



Dudley may 
supply itself 
with water. 



May take cer- 
tain waters, 
water rights, 
etc. 



(7Aap.252 An Act to authorize the town of Dudley to supply 

ITSELF AND ITS INHABITANTS WITH WATER. 

Be it enacted, etc., as follows: 

Section 1. The town of Dudley may supply itself and 
its inhabitants with water for the extinguishment of 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. 

Section 2. Said town, for the purposes aforesaid, may 
take, or acquire by purchase or otherwise, and hold the 
waters of any pond or stream or of any ground sources of 
supply by means of driven, artesian or other wells within 
the limits of the town, and the water rights connected 
with any such water sources, and may also take, or acquire 
by purchase or otherwise, and hold all lands, rights of way 
and easements necessary for collecting, storing, purifying 
and preserving the water, and for conveying the same to 
any part of said town, or may make arrangements for ob- 
taining a supply of water from the water system of the 
to^vn of Webster ; and said town of Webster is hereby au- 
thorized to supply water to the town of Dudley and the 
inhabitants thereof upon such terms and conditions as 
may be agreed upon by said towns ; but no source of water 
supply and no lands necessary for preserving the quality 
of such water shall be taken or otherwise acquired without 
first obtaining the advice and approval of the state board 
of health, and the location of all dams, reservoirs and wells 
to be used as sources of water supply under this act shall 
be subject to the approval of said board. Said town may 
construct on the lands acquired and held under the pro- 
visions 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 main- 
tenance 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 
and over any land, water courses, railroads, railways and 



May erect 
structures, lay 
pipes, etc. 



Acts, 1909. — Chap. 252. 195 

public or other ways, and along such ways in the town 
of Dudley, 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 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 con- 
duits, pipes or other works within the location of any 
railroad corporation, except at such time and in such man- 
ner 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 3. Said town shall within ninety days after Description of 
the taking of any lands, water rights, water sources or be^rlTOrded*" 
easements as aforesaid, otherwise than by purchase, file 
and cause to be recorded in the registry of deeds for the 
Worcester district of the county of Worcester, a descrip- 
tion thereof sufficiently accurate for identification, with a 
statement of the purpose for which the same were taken, 
signed by the water commissioners hereinafter provided 
for. The title to all lands purchased or taken under the 
provisions of this act shall vest in the town of Dudley, 
and the land so acquired may 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 to^vn. 

Sectioist 4. Said to^vn 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 any other thing done by said town un- 
der authority of this act. Any person or corporation sus- 
taining damages as aforesaid, and failing to agree with 
the town 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 filing 
of description, as provided in section three, 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 application for assessment of damages shall be made 



196 



Acts, 1909. — Chap. 252. 



Town of 
Dudley Water 
Loan, Act of 
1909. 



Payment of 
loan. 



for the taking of any water or water right, or for any 
injury thereto, until the water is actually withdrawn or 
diverted by the 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 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 that event said town shall be further 
liable only for the additional damages caused by such ad- 
ditional 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 twenty-five thousand dollars. Such bonds, notes or 
scrip shall bear on their face the words, Town of Dudley 
Water Loan, Act of 1909; 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 five per cent per annum; and shall be 
signed by the treasurer of the town and countersigned 
by the water commissioners hereinafter j^rovidcd 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 
deem proper: provided, that the securities shall not be 
sold for less than their par value. 

Section 6. Said town shall at the time of authorizing 
t.aid loan provide for the payment thereof in such annual 
proportionate payments, beginning not more than five 
years after the first issue of such bonds, notes or scrip, 
as will extinguish the same within the time prescribed by 
this act ; and when a vote to that effect has been passed, a 
sum which with the income derived from the water rates 
will be sufficient to pay the annual expense of operating 
its water works and the interest as it accrues on 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 the town in each year there- 
after, in the same manner in which other taxes are as- 
sessed, until the debt incurred by said loan is extinguished. 



Acts, 1909. — Chap. 252. 197 

Section T. Whoever wilfully or wantonly corrupts, Penalty for 
pollutes or diverts any water taken or held under this act, wat™^ etc". °^ 
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 amount 
of damages assessed therefor, to be recovered in an action 
of tort ; and upon being convicted of any of the above wil- 
ful or wanton acts shall be punished by a fine not exceed- 
ing 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 a ^ection!"^^' 
subsequent meeting called for the purpose, elect by ballot *®''™^' ^^''■ 
three persons to hold office, one until the expiration of three 
years, one until the expiration of two years and one until the 
expiration of one year from the next succeeding annual 
town meeting, to constitute a board of water commissioners ; 
and at each annual town meeting thereafter one such com- 
missioner shall be elected by ballot for the term of three 
years. All the authority granted to the said town by this 
act and not otherwise specifically provided for shall be 
vested in said water commissioners, who shall be subject 
however to such instructions, rules and regulations as 
the town may impose by its vote. A majority of said Quorum- 
commissioners shall constitute a quorum for the transac- 
tion of business. Any vacancy occurring in the board Vacancy, 
from any cause may be filled for the remainder of the un- 
expired term by the town at any legal 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 herein provided for. 

Section 9. Said commissioners shall fix just and To fix rates, 
equitable prices and rates for the use of water, and shall water, etc 
prescribe the time and manner of payment. The income 
of the water works shall be applied to defraying all oper- 
ating expenses, interest charges and payments on the 
principal as they accrue upon any bonds, notes or scrip 
issued under authority of this act. If there should be a 
net surplus remaining after providing for the aforesaid 
charges it shall be used for such new construction as the 
water commissioners may determine upon, and in case 
a surplus should remain after payment for such new con- 



198 



Acts, 1909. — Chap. 253. 



To make 
annual report, 
etc. 



When to take 
effect. 



struction the water rates shall be reduced proportionately. 
No money shall be expended in new construction by the 
water commissioners except from the net surplus afore- 
said, unless the 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 ex- 
penditures. 

Section 10. This act shall take effect upon its ac- 
ceptance by a majority of the legal voters of the town of 
Dudley present and voting thereon at a meeting called 
for the purpose wdthin 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 1, 1909. 



Chap.253 Ax Act kelative to farm pond in the town of sher- 

BORN. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and 
sixty-six of the acts of the year nineteen hundred and 
eight is hereby amended by striking out the word " ten ", 
in the second line, and inserting in place thereof the word : 
— twelve, — so as to read as follows: — Section 1. On 
and after the first day of January in the year nineteen 
hundred and twelve, water shall not be drawn from Farm 
pond, in the town of Sherborn, so as to cause the level 
thereof to be more than four feet below average natural 
high-water mark. 

Section 2. Section two of said chapter four hundred 
and sixty-six is hereby amended by striking out the word 
'' twelve ", in the fifth line, and inserting in place thereof 
the word : — fourteen, — so as to read as follows : — Sec- 
tion 2. Water shall not be drawn from said pond so as 
to cause the level thereof to be more than two feet below 
average natural high-water mark on the first day of every 
May, beginning with the first day of May, nineteen hun- 
dred and fourteen. Approved April 1, 1909. 



1908, 466, § 1, 
amended. 



Taking of 
water from 
Farm pond 
regulated. 



1908, 466, 
amended. 



Water not to 
be lowered 
below certain 
level. 



Acts, 1909. — Chaps. 254, 255. 199 

An Act relative to entertainments given in private (JJiQ^rp 254 

DWELLINGS. 

Be it enacted, etc., as follows: 

Section one hundred and seventy-three of chapter one r.l.io2,§i73, 
hundred and two of the Revised Laws, as amended by 
section five of chapter four hundred and sixty of the acts 
of the year nineteen hundred and four and by section 
one of chapter three hundred and nine of the acts of the 
year nineteen hundred and seven, is hereby further 
amended by adding at the end of the section the words : — 
or to entertainments given in a private dwelling, except 
in apartments thereof having a seating capacity of four 
hundred or more, — so as to read as follows : — Section Penalty for 
1 73. Whoever offers to view, sets up, sets on foot, main- etc.^sWs or 
tains, carries on, publishes or otherwise assists in or pro- wTthouTa"* 
motes any such exhibition, show or amusement, without 
such license, shall be punished by a fine of not more than 
five hundred dollars for each offence. The provisions of 
this section and of the last preceding section, however, 
shall not apply to public entertainments by religious so- 
cieties in their usual places of worship for a religious or 
charitable purpose, or to entertainments given in school 
buildings by, or for the benefit of, the pupils thereof, and 
under the supervision of the principal or teacher in charge 
of the school classes therein, or to entertainments given in 
a private dwelling, except in apartments thereof having a 
seating capacity of four hundred or more. 

Approved April 1, 1909. 



license. 



Cha2).255 



An Act relative to the state farm and the prison 

CAMP AND hospital. 

Be it enacted, etc., as follows: 

Section twenty-two of chapter two hundred and ten ^jj^^^lJ^- ^ ^^• 
of the Revised Laws is hereby amended by inserting after 
the word " women ", in the second line, the words : — 
the state farm, the prison camp and hospital, — so as to 
read as follows : — Section 22. Whoever wilfully dis- Penalty for 
turbs the state prison, the Massachusetts reformatory, the 
reformatory prison for women, the state farm, the prison 
camp and hospital, or a jail or house of correction, or in 



disturbing 
penal institu- 
tions. 



200 Acts, 1909. — Chaps. 256, 257. 

any manner seeks to attract the attention of, or without 
the permission of the officer in charge has communication 
with, an inmate thereof shall be punished by imprison- 
ment for not more than three months or by a fine of not 
more than fifty dollars. 

Approved April 2, 1909. 

Chap.25Q An Act to authorize eeceivees and other fiduciaries 

TO CONTRACT FOR SAFE KEEPING OF PROPERTY IN THEIR 
CHARGE. 

Be it enacted, etc., as follows: 
1907,576, § 61, Section 1. Section sixty-one of chapter five hundred 

amended. .^, i- ^ • iii 

and seventy-six oi the acts oi the year nineteen hundred 
and seven is hereby amended by striking out the last 
paragraph thereof, beginning with the words '^ Any per- 
son, partnership, association or corporation holding prop- 
erty ", and inserting in place thereof the following : — 
who'nTboncfis ^^ shall bc lawful for any receiver, assignee, guardian, 
required may conscrvator, trustcc, cxccutor, administrator, or other 

arrange with ^, . ' ^ ' ' i i • • i x 

surety or tiduciary, Or party irom whom a bond is required, to 

sureties for »/ / x «y x 7 

their pro- agree and arrange with his surety or sureties, for the de- 
posit for safe keeping of any or all moneys, assets and 
other property for which he is or may be responsible, 
with a bank, savings bank, safe dejDosit or trust company 
authorized by law to do business as such in this common- 
wealth, and in such manner as to prevent the withdrawal 
or alienation of such money, assets or other proj)erty, or 
any part thereof, without the written consent of such 
surety or sureties or an order of the court in which such 
bond is filed, or of a judge thereof, made on such notice 
to such surety or sureties as the court or judge may direct. 
Section 2. This act shall take effect upon its passage. 
Approved April 2, 1909. 

Chap.257 An Act to authorize the lenox water company to 
increase its capital stock, to issue additional 
bonds and to hold additional real estate. 

Be it enacted, etc., as follows: 

1887, 198, § 2. Section 1. Section two of chapter one hundred and 
ninety-eight of the acts of the year eighteen hundred 
and eighty-seven, as amended by chapter one hundred and 
thirty-eight of the acts of the year eighteen hundred and 



Acts, 1909. — Chap. 258. 201 

ninety, is hereby further amended by striking out the said 

section and inserting in place thereof the following : — 

Section 2. Said corporation may, for the purposes afore- May hold real 

said, hold real and personal estate not exceeding in e"tate?'etc!* 

amount eighty thousand dollars, and its capital stock shall 

not exceed one hundred thousand dollars, to be divided 

into shares of one hundred dollars each. Said corporation 

may issue bonds bearing interest at a rate not exceeding 

six per cent per annum, and may secure the same by a 

mortgage on its franchise and other property to an amount 

in all not exceeding its capital stock actually paid in and 

applied to the purposes of its incorporation. 

Section 2. This act shall take effect upon its passage.- 
Approved April 2, 1909. 

An Act to authorize the metropolitan water and nj^nj^ 258 

SEWERAGE BOARD TO SUPPLY WATER TO SECTIONS OF "' 

CITIES AND TOWNS NOT INCLUDED IN THE METROPOLI- 
TAN WATER DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and amended^' ^ ^' 
eighty-nine of the acts of the year nineteen hundred and 
two is hereby amended by inserting after the word " any ", 
in the second line, the words : — city, town or, — and by 
inserting after the word " the ", in the eighth line, the 
words : — ■ city, town or, — so as to read as follows : — 
Section 1. The metropolitan water and sewerage board Th? metro- 

. . \. . , . ^ politan water 

may from time to time furnish water to any city, town or and sewerage 

^ 1 . . , . "^ "^ ' , board may 

water company which owns the water pipe system m a furnish water 
section of a city or town, for the supply of such section, companies, 
although the city or town, or a part of the city or town, 
is within ten miles of the state house, and the city or 
town has not been admitted into the metropolitan water 
district, on payment by the city, town or water company 
of such sum of money as the said board may determine: 
provided, however, that the sum so determined in any proviso, 
case shall in the opinion of the board exceed the proper 
proportion of the entire assessment which would be im- 
posed upon the city or town were it a part of the metro- 
politan district. 

Section 2. This act shall take effect upon its passage. 
Approved April 2, 1909. 



202 



Acts, 1909. 



Chaps. 259, 260. 



R. L. 13, 
amended. 



44, 



Reimburse- 
ment of pur- 
chaser on sur- 
render of deed 
if sale is 
invalid. 



Chap.259 An Act to change the rate of interest upon pay- 
ments IN SALES FOR TAXES. 

Be it enacted, etc., as follows: 

Section 1. Section forty-four of chapter thirteen of 
the Revised Laws is hereby amended by striking out the 
word " ten ", in the thirteenth line, and inserting in place 
thereof the word : — eight, — so as to read as follows : — 
Section J/.Ji. If it subsequently appears that, by reason 
of an error, omission or informality in the assessment or 
the sale, the purchaser has no claim upon the property 
sold, he may within two years after the date of the deed, 
offer by writing given to the collector, to surrender and 
discharge his deed or to assign and transfer to the city or 
town all his right, title and interest in the premises, as 
the collector shall elect. Such offer shall contain a specific 
statement of the reason why the holder has no claim on 
the land sold, with the evidence upon which he relies, and 
if such evidence consists of any public record or of facts 
shown therein, such offer shall contain a specific reference 
thereto. Upon such surrender and discharge or assign- 
ment and transfer, the city or town shall pay to the pur- 
chaser the amount which he paid with interest at the rate 
of eight per cent per annum which payment shall be in 
full for all damages for any defects in the proceedings or 
under the warranty in such deed. No city or town and no 
treasurer or collector thereof shall pay or be liable for 
any amount due under the provisions of this section unless 
such statement is filed. 

Section 2. This act shall take effect upon its passage. 
Approved April 2, 1909. 



Chap.260 An Act to authorize the marion gas company to 

DO BUSINESS IN THE TOWN OF WAREHAM. 

Be it enacted, etc., as follows: 

Section 1. The Marion Gas Company is hereby 
authorized, upon the approval of the selectmen of the 
town of Wareham and of the board of gas and electric 
light commissioners, to carry on the business of furnishing 
gas and electricity for heat, light and power in the town 
of Wareham, with all the rights, powers and privileges 



The Marion 
Gas Company 
may furnish 
gas and elec- 
tricity in the 
town of 
Wareham. 



Acts, 1909. — Chap. 261. 203 

and subject to the duties, liabilities and restrictions set 
forth in all general laws now or hereafter in force relating 
to such corporations. 

Section 2. This act shall take effect upon its passage. 
Approved April 2, 1909. 



Chap.^Ql 



An Act relative to the boaed of registration in 
pharmacy. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-three of chapter one hun- r. l. loo, § 23, 
dred of the Eevised Laws, as amended by chapter three ^*°-^™^° 
hundred and eight of the acts of the year nineteen hundred 
and seven, is hereby further amended by striking out the 
words " one dollar ", in the third and fourth lines, and 
inserting in place thereof the words : — five dollars, — by 
inserting after the word '' revoke ", in the ninth line, the 
words : — or suspend, — and by adding at the end of 
said section the words : — and such revocation or suspen- 
sion shall revoke or suspend the sixth class license granted 
thereon, — so as to read as follows : — Section 23. The certificate of 
board of registration in pharmacy may, upon the payment six'tif das^s 
by an applicant for a license of the sixth class of a fee '"'®°^^' ^^''■ 
of not more than five dollars, issue to him a certificate, 
which shall not be valid after one year from its date, 
stating that in the judgment of said board he is a proper 
person to be entrusted with such license and that the pub- 
lic good will be promoted by the granting thereof. The 
board may, after giving a hearing to the parties interested, 
revoke or suspend such certificate for any cause that it 
may deem proper, and such revocation or suspension shall 
revoke or suspend the sixth class license granted thereon. 

Section 2. Section two of chapter two hundred and ame^n^ed^' ^ ^' 
eighty-one of the acts of the year nineteen hundred and 
six is hereby amended by striking out the words " one 
dollar ", in the third line, and inserting in place thereof 
the words: — five dollars, — so as to read as follows: — 
Section 2. The board of registration in pharmacy may. Certificate of 
upon the payment by each applicant of a fee of not more 
than five dollars, issue to registered pharmacists certifi- 
cates of fitness as provided for in section twenty-three of 
said chapter one hundred. Such certificates of fitness 
shall be subject to suspension or revocation by the board 



fitnesa. 



204 



Acts, 1909. — Chap. 261. 



R. L. 76, § 10, 
amended. 



Board of reg- 
istration in 
pharmacy, 
appointment, 
etc. 



Organization, 
meetings, etc. 



of registration in pharmacy, or by the licensing authori- 
ties of such cities and towns. 

Section 3. Section ten of chapter seventy-six of the 
Revised Laws is hereby amended by striking out the word 
" September ", in the tenth line, and inserting in place 
thereof the word : — November, — by striking out the 
word " October ", in the twelfth line, and inserting in 
place thereof the word : — December, — and by adding at 
the end thereof the words : — The members of said board 
at the time of the enactment hereof, and any member there- 
after appointed to fill a vacancy, who are holding office 
at the expiration of their official terms, shall continue in 
office until the first day of December following, — so as 
to read as follows: — Section 10. There shall be a board 
of registration in pharmacy consisting of five persons, 
residents of the commonwealth, who shall be skilled phar- 
macists, and shall have had ten consecutive years of 
practical experience in the compounding and dispensing 
of physician's prescriptions, and shall be actually en- 
gaged in the drug business. Not more than one member 
shall have any financial interest in the sale of drugs, 
medicines and chemicals, and the compounding and dis- 
pensing of physician's prescriptions in the same councillor 
district. One member of said board shall annually in 
November be appointed by the governor, with the advice 
and consent of the council, for a term of five years from 
the first day of December following, and no person ap- 
pointed after the twenty-fifth day of June in the year 
eighteen hundred and ninety-nine shall serve as a member 
of said board for more than five consecutive years. The 
members of said board at the time of the enactment hereof, 
and any member thereafter appointed to fill a vacancy, 
who are holding office at the expiration of their official 
terms, shall continue in office until the first day of 
December following. 

Section 4. Section eleven of said chapter seventy-six 
is hereby amended by striking out the word " October ", 
in the second line, and inserting in place thereof the 
word : — December, — so as to read as follows : — Sec- 
tion 11. Said board shall meet on the first Tuesday of 
December in each year at such time and place as it may 
determine, and shall organize by electing a president and 
secretary, who shall be members of the board and who 



Acts, 1909. — Char 262. 205 

shall hold their offices for the term of one year. The 
secretary shall give to the treasurer and receiver general 
a bond with sufficient sureties, to be approved by the 
governor and council, for the faithful performance of his 
official duties. The board shall annually hold regular 
meetings on the first Tuesday of January, May and Octo- 
ber, and additional meetings at such times and places 
as it shall determine. 

Section 5. The board may suspend the certificate of Stificafeof 
registration of a registered pharmacist, who, in its judg- relj^jered ° °^ 
ment, is a menace to the public by reason of the improper f^^^-^y^g^'^' 
use of intoxicating liquor or drugs, such suspension to be 
made only after a hearing, and by the unanimous vote of 
all the members of the board. 

Section 6. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Section 7. This act shall take effect upon its passage. 
Approved April 3, 1909. 

Ax Act relative to licenses to hunt. Cha7).262 

Be it enacted, etc., as folloivs: 

Section 1. Section two of chapter one hundred and Repeal, 
ninety-eight of the acts of the year nineteen hundred and 
seven, relative to non-resident hunters, is hereby repealed. 

Section 2. Said chapter is hereby further amended ^me'iided^' ^ '^' 
by striking out section seven and inserting in place thereof 
the following: — Section 7. The fee for the license afore- Fee for license 
said shall be ten dollars except as hereinafter provided, 
and the money received for the said licenses by the com- 
missioners shall be paid into the treasury of the common- 
wealth. The fee for the said license shall be one dollar for 
the following classes of persons : — ( 1 ) A resident of 
another state who owns real estate situated in this common- 
wealth, which is assessed for taxation at not less than five 
hundred dollars. (2) A non-resident member of any 
association, incorporated prior to the year nineteen hun- 
dred and seven, for the purpose of hunting or fishing, 
provided that such corporation owns real estate in this 
commonwealth, which is assessed for taxation at not less 
than one thousand dollars. (3) A non-resident who, on 
the written invitation of a member of any club incorpo- 
rated under the laws of Massachusetts, attends a meeting 



206 



Acts, 1909. — Chap. 263. 



of such club for the purpose of hunting foxes only, during 
a period not exceeding four days, provided that the mem- 
bership list of the club shall be filed with the commis- 
sioners on fisheries and game. 

Section 3. This act shall take effect upon its passage. 
Approved April 3, 1909. 



1904. 409, § 1, 
etc., amended. 



State forester, 
appointment, 
etc. 



Chap.263 An Act to provide fob consolidating the office of 

SUPERINTENDENT FOR SUPPRESSING THE GYPSY AND 
BROWN TAIL MOTHS AND THE DEPARTMENT OF THE 
STATE FORESTER. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and 
nine of the acts of the year nineteen hundred and four, 
as amended by section one of chapter four hundred and 
seventy-three of the acts of the year nineteen hundred and 
seven, is hereby further amended by striking out the said 
section and inserting in place thereof the following: — 
Section 1. The governor, with the consent of the council, 
shall appoint an ofiicer to be known as the state forester, 
and shall determine his salary. He shall be a trained 
forester who has had a technical education. He shall be 
ex officio a member of the state board of agriculture. He 
shall act for the commonwealth in suppressing the gypsy 
and brown tail moths as public nuisances. The governor 
may, with the consent of the council, remove the state 
forester at any time for such cause as he shall deem suf- 
ficient. In case of the death, removal or resignation of 
the state forester the governor shall forthwith appoint a 
successor. 

Section 2. The office of superintendent for suppress- 
ing the gypsy and brown tail moths is hereby abolished. 
All the powers, rights, duties and liabilities of the said 
superintendent are hereby transferred to the state forester. 
]^o existing contracts, proceedings or liabilities shall be 
aifected hereby, but the state forester shall in all respects 
and for all purposes be the lawful successor of the super- 
intendent for suppressing the gypsy and brown tail moths. 

Section 3. This act shall take effect upon its passage. 
Approved April 7 , 1909. 



Office of su- 
perintendent 
for suppress- 
ing gypsy 
and brown 
tail moths 
abolished. 
Powers, duties 
etc., trans- 
ferred to state 
forester. 



Acts, 1909. — Chaps. 264, 265. 207 



An Act relative to primaries at special elections. (JJidjy 264 
Be it enacted, etc., as follows: 

Section one hundred and forty-eight of chapter five 1907, 560, 
hundred and sixty of the acts of the year nineteen hundred amended. 
and seven is hereby amended by striking out the words 
" or any special election ", in the fifth and sixth lines, 
and inserting in place thereof the words : — provided, 
that at special elections all primaries shall be held on the 
third Thursday preceding the day of the election, — so 
as to read as follows: — Section lJf8. Primaries shall be Days of 
held on the sixth Tuesday preceding state elections, on primTnes. 
the third Tuesday preceding city elections, except in Bos- 
ton, where they shall be held on the fourth Thursday 
preceding the city election, and on the second Tuesday 
preceding to\vn elections : provided, that at special elec- Proviso, 
tions all primaries shall be held on the third Thursday 
preceding the day of the election. 

In Boston they shall be held by precincts as established F"^\"'i!, ■ 

. - . / , 1 11 1 1 , to be held by 

lor elections ; elsewhere, wholly or partly by wards, pre- precincts m 
cincts or towns, as the board of aldermen or selectmen 
may from time to time determine. 

Approved April 7, 1909. 

Ax Act relative to the catching of lobsters. Char) '^60 
Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person not patching of 

,. .. », >J i- lobsters 

being a citizen 01 the commonwealth to set or cause to be regulated, 
set any net or trap for the catching of lobsters in the 
waters of the commonwealth, unless such person has been 
a continuous resident of the state for at least one year 
prior to such setting or keeping: provided, lioivever, that Proviso, 
the mayor and aldermen of any city, or the selectmen of 
any town may grant permits in writing to any temporary 
resident of such city or town to set lobster pots in the 
waters thereof for his own family use. 

Section 2. Whoever violates any provision of this act Penalty. 
shall be punished by a fine not exceeding twenty dollars 
for each offence. 

Section 3. Any commissioner of fisheries and game, certain lobster 
or deputy commissioner, and any member of the district se°ized?etc. ^ 
police, and any deputy sheriff, police ofiicer or constable, 



208 



Repeal. 



Acts, 1909. 



Chap. 266. 

and destroy any pot 



within his jurisdiction, may seize 
set or kept in violation of this act. 

Section 4. Section ninety-two of chapter ninety-one 
of the Revised Laws is hereby repealed. 

Approved April 7, 1909. 



Ghap.2Q6 An Act relative to the recovery by the treasurer 

AND receiver GENERAL OF TAXES IMPOSED ON LEGACIES 

AND SUCCESSIONS. 

Be it enacted, etc., as follows: 

Section 1. Taxes imposed by chapter four hundred 



Certain taxes 
may be re- 
covered by the and twenty-five of the acts of the year eiffhteen hundred 

treasurer and "^ _ *^ _ ^ . . , . 

receiver gen- 
eral in an 
action of con- 
tract, etc. 



and ninety-one, and the acts in amendment thereof and in 
addition thereto, and by chapter fifteen of the Revised 
Laws, and the acts in amendment thereof and in addition 
thereto, and by chapter five hundred and sixty-three of 
the acts of the year nineteen hundred and seven, and the 
acts in amendment thereof and in addition thereto, may 
be recovered by the treasurer and receiver general in an 
action of contract brought in the name of the common- 
wealth, or by an information in equity brought in the 
supreme judicial court by the attorney-general at the 
relation of the treasurer and receiver general. In a pro- 
ceeding under this act for the collection of taxes imposed 
by chapter four hundred and twenty-five of the acts of the 
year eighteen hundred and ninety-one, and the acts in 
amendment thereof and in addition thereto, or by chapter 
fifteen of the Revised Laws, and the acts in amendment 
thereof and in addition thereto, a final decree of the pro- 
bate court in a proceeding to which the treasurer and 
receiver general was a party, fixing the amount of the tax, 
shall be conclusive as to such amount ; but if there has 
been no such determination the amount may be deter- 
mined in proceedings under this act. In a proceeding 
under this act for the collection of taxes imposed by chap- 
ter five hundred and sixty-three of the acts of the year 
nineteen hundred and seven, and the acts in amendment 
thereof and in addition thereto, the determination by the 
tax commissioner in accordance with the provisions of 
section twenty of said chapter, of the amount of the tax 
shall be final as to such amount: provided, Jioivever, that 
an executor, administrator, trustee or grantee may show, 



Acts, 1909. — Chap. 267. 209 



in any proceeding brought against him under this act, any 
facts which would entitle him to an abatement under the 
provisions of section twenty of said chapter, and a judg- 
ment or decree shall be entered for the amount of the tax 
so determined less the amount proved to have been assessed 
without authority of law, together with interest and costs. 
If upon an information brought under this act the court 
shall find that any tax remains due, it shall order the 
executor, administrator, trustee or grantee to pay the 
same, with interest and costs, and execution may be 
awarded therefor. Execution awarded upon judgments 
and decrees for taxes imposed by chapter five hundred 
and sixty-three of the acts of the year nineteen hun- 
dred and seven, and the acts in amendment thereof and 
in addition thereto, shall be awarded in accordance with 
the provisions of section twenty-one of said chapter. 

Section 2. Penalties and forfeitures incurred by per- Penalties and 
sons under the provisions of chapter five hundred and etc.^'*"'^^' 
sixty-three of the acts of the year nineteen hundred and 
seven, and the acts in amendment thereof and in addition 
thereto, may be recovered by the treasurer and receiver 
general in an action of contract brought in the name of 
the commonwealth, or by an information in equity brought 
in the supreme judicial court by the attorney-general at 
the relation of the treasurer and receiver general. 

Section 3. This act shall take eifect upon its passage. 
Approved April 8, 1909. 

An Act relative to the taxation of stock insue- njinj) 267 

ANCE CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-seven of chapter fourteen r. l. h, § 37, 
of the Revised Laws is hereby amended by inserting after *°^^° 
the word " section ", in the fortieth line, the words : — 
Insurance companies organized under the general or spe- Returns of 
cial laws of this commonwealth and having a capital stock comptnils. 
shall also state in their return, in such detail as the tax 
commissioner may require, the real and personal property 
belonging to the corporation within and without the com- 
monwealth. 

Section 2. Section thirty-eight of said chapter four- R. l. 14, j 38. 
teen is hereby amended by inserting after the word ^^^"^ ^ ' 



210 



Acts, 1909. — Chap. 268. 



Value of real 
estate, etc. 



" situated ", in the thirty-second line, the words : — 
Fourth, In case of a stock insurance company the value 
as found by the tax commissioner of its real estate subject 
to local taxation wherever situated, and of securities which, 
if owned by a natural person resident in this common- 
wealth, would not be liable to taxation ; also the value as 
found by the tax commissioner of its personal property 
situated in another state or country and subject to taxation 
therein. 

Section 3. This act shall take effect upon its passage. 
Approved April 8, 1909. 



1907, 563, § 1. 
amended. 



Chap.268 An Act relative to the taxation of property pass- 
ing BY WILL, OR UNDER THE LAWS REGULATING IN- 
TESTATE SUCCESSION, FROM AN ADOPTED CHILD TO THE 
ADOPTIVE PARENT OR LINEAL ANCESTOR THEREOF. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter five hundred and 
sixty-three of the acts of the year nineteen hundred and 
seven is hereby amended by inserting after the words 
^' adopted child ", in the sixteenth line, the words: — the 
adoptive parent or lineal ancestor of an adoptive parent, 
— by striking out the word '' or ", at the end of the forty- 
first line, and inserting a comma in its place, and by 
inserting after the word " child ", in the forty-second line, 
the words : — adoptive father or adoptive mother, — so 
as to read as follows: — Section 1. All property within 
the jurisdiction of the commonwealth, corporeal or in- 
corporeal, and any interest therein, whether belonging to 
inhabitants of the commonwealth or not, which shall pass 
by will, or by the laws regulating intestate succession, or 
by deed, grant, or gift, except in cases of a bona fide pur- 
chase for full consideration in money or money's worth, 
made or intended to take effect in possession or enjoyment 
after the death of the grantor, to any person, absolutely 
or in trust, except to or for the use of charitable, educa- 
tional or religious societies or institutions, the property of 
which is by law exempt from taxation, or for or upon 
trust for any charitable purposes, or to or for the use 
of a city or town for public purposes, or to or for the 
use of (class A) the husband, wife, lineal ancestor, lineal 



Taxation of 
legacies and 
auccessions, 
etc. 



Acts, 1909. — Chap. 268. 211 

descendant, adopted child, the lineal descendant of any Taxation of 
adopted child, the adoptive parent or lineal ancestor of ScSom? 
an adoptive parent, the wife or widow of a son, or the ^*''' 
hnsband of a daughter, of a decedent, or to or for the 
use of (class B) the brother, sister, nephew or niece of 
a decedent, shall be subject to a tax of five per cent of 
its vahie for the nse of the commonwealth; and such 
property which shall so pass to or for the use of a 
member of class A shall be subject to a tax of one per 
cent of its value for the use of the commonwealth if 
such value does not exceed fifty thousand dollars, to a 
tax of one and one half per cent if its value exceeds 
fifty thousand and does not exceed one hundred thou- 
sand dollars, and to a tax of two per cent if its value 
exceeds one hundred thousand dollars ; and such property 
which shall so pass to or for the use of a member of 
class B shall be subject to a tax of three per cent of its 
value for the use of the commonwealth if such value does 
not exceed twenty-five thousand dollars, to a tax of four 
per cent if its value exceeds twenty-five thousand and does 
not exceed one hundred thousand dollars, and to a tax of 
five per cent if its value exceeds one hundred thousand 
dollars ; and administrators, executors and trustees, and 
any grantees under such conveyance made during the 
gi-antor's life, shall be liable for such taxes, with interest, 
until the same have been paid ; but no bequest, devise or 
distributive share of an estate which shall so pass to or for 
the use of a husband, wife, father, mother, child, adopted 
child, adoptive father or adoptive mother of the deceased, 
unless its value exceeds ten thousand dollars, and no other 
bequest, devise or distributive share of an estate unless its 
value exceeds one thousand dollars, shall be subject to 
the provisions of this act ; but no tax shall be exacted upon 
property so passing which shall reduce its value below the 
amount of the above exemptions. 

Section 2. The provisions of this act shall apply to all Tobeap- 
cases m which the said tax remains unpaid at the date oi certain cases. 
the passage hereof. 

Section 3. This act shall take effect upon its passage. 
Approved April 9, 1909. 



212 



Acts, 1909. — Chap. 269. 



The town 
of North 
Attleborough 
may construct 
a system of 
sewerage, etc. 



(7Aap.269 An Act to authorize the town of north attle- 
borough TO construct a system of sewerage. 

Be it enacted, etc., as follows: 

Section 1. The town of N'orth Attleborough is hereby 
authorized to lay out, construct, maintain and operate a 
system or systems of main drains and common sewers for 
a part or for the whole of its territory, with such con- 
nections and other works as may be required for a system 
of sewage disposal ; and, for the purpose of providing 
better surface or other drainage, guarding against pollu- 
tion of waters, and otherwise protecting the public health, 
may lay, make and maintain such main drains as it 
deems best. For the purposes aforesaid the town may, 
within its limits, deepen, widen and clear of obstruction 
any brook, stream or water course, and straighten or alter 
the channel or divert the water thereof, and may lay, 
make and maintain sub-drains, and, with the approval of 
the state board of health, discharge the water into any 
brook, stream or water course within the town. 

Section 2. Said town shall elect a board of three com- 
missioners, to be called sewer commissioners of the town 
of North Attleborough, who shall be citizens and residents 
of the town and shall be elected by ballot at an annual 
meeting of the town, one commissioner to hold office for 
one year, one for two years and one for three years, 
respectively, from the date of the annual town meeting 
at which he is elected, and until his successor is elected 
and qualified ; and at each annual town meeting there- 
after the town shall elect one member of the board to serve 
for three years or until his successor is elected and quali- 
fied. If a vacancy occurs in the board, the remaining 
members of the board and the selectmen in joint com- 
mittee shall appoint a person duly qualified to serve as 
sewer commissioner for the remainder of the unexpired 
term. 

Section 3. Said board, acting in behalf of the town, 
shall have power to take, or acquire by purchase or other- 
wise, any lands in fee and any water rights, rights of 
way and easements in said town, public or private, neces- 
sary for any of the purposes mentioned in this act, and may 
construct within the town main drains and sewers under 



Sewer com- 
missioners, 
election, terms, 
etc. 



Vacancy. 



May take 
lands, water 
rights, etc. 



Acts, 1909. — Chap. 269. 213 

or over any water course, bridge, railroad, railway or way, 
or within the location of any railroad or railway, and may 
enter npon and dig up any private land, street or way, 
or railroad or railway location, for the purpose of laying 
main drains and sewers, and of maintaining and repair- 
ing the same, and may do any other thing necessary or 
proper for the purposes of this act: provided, however. Proviso, 
that said commissioners shall not take in fee any land of 
a railroad corporation, and that they shall not enter upon 
or construct any drains or sewers within the location of 
any railroad corporation, except at such time and in such 
manner as they may agree upon with such corporation, or, 
in case of failure to agree, as may be approved by the 
board of railroad commissioners. 

Section 4. Said board, acting in behalf of the town May take, 
and in accordance with the provisions of chapter four fand.''^' 
hundred and forty-eight of the acts of the year nineteen 
hundred and eight, shall have power to take, or acquire by 
purchase or otherwise, land in the town of Attleborough 
for sewerage purposes and within the limits specified in 
the said chapter. 

Section 5. Said board, in order to take any lands in Description of 
fee, water rights, rights of way or easements, otherwise be recorded, 
than by purchase or agreement, shall cause to be recorded ^^*'' 
in the registry of deeds for the northern district of the 
county of Bristol a statement signed by a majority of the 
board, containing a description thereof as certain as is 
required in a conveyance of land, and specifying that the 
same are taken under authority of this act ; and upon 
such recording title to the lands, water rights, rights of 
way or easements described in such statement shall vest in 
the town of North Attleborough, which shall pay all Damages, 
damages therefor and all other damages which shall be 
sustained by any person or corporation through any action 
of said board under this act. Said board at the time of 
such taking shall notify the owners thereof in writing, and 
may agree with any person or corporation injured here- 
under upon the damages sustained by such person or cor- 
jjoration ; and if the damages are not agreed upon, a 
jury in the superior court of said county may be had to 
determine the same, upon petition of either party, in the 
manner provided by law for determining the damages for 
land taken for the laying out of highways ; but in case of 



214 



Acts, 1909. — Chap. 269. 



Town may 
offer specified 
sum as 
damages. 



North 

Attleborough 
Sewerage 
Loan, Act of 



Annual 
payments on 
loan. 



a taking no suit or petition shall be brought after the 
expiration of two years from the date of the recording of 
the taking as herein provided ; and in all other cases no 
suit or petition shall be brought after the expiration of 
two years from the time when the cause of action accrues. 

Section 6. In every case of a petition for the assess- 
ment of damages or for a jury said town may at any 
time file in the office of the clerk of the court an offer in 
writing to pay the petitioner a sum therein specified as 
damages ; and if the petitioner does not accept the same 
Avithin thirty days after notice of such offer, and does not 
finally recover a sum greater than that offered, not in- 
cluding interest from the date of the offer on the sum 
so recovered, the town shall recover costs from the date 
of such notice, and the petitioner, if he does not recover 
damages to an amount greater than the amount specified 
in said offer, shall be entitled to costs only to said date. 

Section 7. The town of iSTorth Attleborough, for the 
purpose of paying the necessary expenses and liabilities in- 
curred under this act, may incur indebtedness to an 
amount not exceeding two hundred and fifty thousand 
dollars, and may issue from time to time therefor bonds 
or notes ; and the debt and loan authorized by this act and 
the bonds and notes issued therefor shall not be reckoned 
in determining the statutory limit of indebtedness of the 
town. Such bonds or notes shall bear on their face the 
words, ]^orth Attleborough Sewerage Loan, Act of 1909, 
shall be payable within periods not exceeding thirty years 
from the dates of issue, and shall bear interest payable 
semi-annually at a rate not exceeding four per cent per 
annum. They shall be signed by the treasurer of the 
town and countersigned by a majority of the selectmen. 
The town may from time to time sell such securities, or 
any part thereof, at public or private sale, or pledge the 
same for money borrowed for the purposes of this act, 
provided they shall not be sold for less than the par value 
thereof. The proceeds shall be retained in the treasury, 
and the treasurer shall, upon the order of said board of 
commissioners and the approval of the selectmen, pay 
therefrom the expenses incurred for the purposes afore- 
said. 

Section 8. The town shall at the time ©f authorizing 
the said loan provide for the payment thereof in such an- 



Acts, 1909. — Chap. 269. 215 

niial payments as will extinguish the same within the 
time prescribed in this act ; and when a vote to that effect 
has been passed the amount required thereby, less the 
amount that may be appropriated therefor as provided in 
the following section, shall without further vote be as- 
sessed by the assessors of the town in each year thereafter, 
in the same manner in which other taxes are assessed, 
until the debt incurred by the town is extinguished. 

Section 9. The receipts from sewer assessments and i^tn^irc."' 
from pa}Tnents made in lieu thereof, and the premiums, 
if any, received from the sale of bonds or notes issued 
under authority of this act, shall be applied by the board 
of sewer commissioners to the payment of charges and ex- 
penses incident to the maintenance and operation of said 
system of sewerage, or to the extension thereof, except 
that the town may apply any part of such receipts to the 
payment of the interest upon bonds or notes issued under 
authority of this act and not otherwise provided for, or to 
the payment or redemption of such bonds or notes, as the 
town shall by vote determine, and the said receipts shall 
be used for no other purpose. If such receipts shall not 
in any year be sufficient for the purposes aforesaid the 
town shall raise forthwith by taxation, in the same man- 
ner in which money is raised for other town purposes, the 
balance required therefor. 

Section 10. Said board shall annually appoint a cierk and 
clerk, and may appoint a superintendent of sewers, who lntrappo?t ' 
shall not be a member of the board, and may remove said '"''"*^' """"^ 
clerk or superintendent at its pleasure, and may fix the 
compensation of the clerk and superintendent and define 
their duties. The compensation of the commissioners 
shall be fixed by the town. 

Section 11. All contracts made by said board shall be contracts, 
made in the name of the town and shall be signed by the 
board ; but no contract shall be made or obligation incurred 
by the board for any purpose in excess of the amount of 
money appropriated by the town therefor. 

Section 12. Said board may from time to time pre- May make 
scribe rules and regidations for the connecting of estates regtfia*t?ons. 
and buildings with main drains and sewers, and for the ^*''' 
inspection of the material, the construction, alteration and 
use of all connections and drains entering into such main 
drains or sewers, and may impose penalties not exceeding 



ent, appoint- 
ment, com- 
pensation, etc. 



216 



Acts, 1909. — Chap. 270. 



Plans to be 
approved by 



twenty dollars for every violation of any such rule or 
regulation. Such rules or regulations shall be published 
not less than once a week for three successive weeks in 
some newspaper published in the town of ISTorth Attle- 
borough, if there be any, and if not, then in some news- 
paper published in the county of Bristol, and shall not 
take effect until such publication has been made. 

Section 13. No act shall be done under authority of 
heaUh"'^'^'^ °^ the preceding sections until the plans of said system of 
sewerage have been approved by the state board of health. 
Upon application to said board for such approval the board 
shall give a hearing, after due notice to the public. At 
such hearing plans showing in detail all the work to be 
done in constructing said system of sewerage shall be 
submitted for the approval of the state board of health. 

Section 14. Until said board of commissioners shall 
have been elected as provided in this act the town may 
carry on the construction of its system of sewerage by a 
duly authorized committee of the town, but for a period 
not longer than until the annual meeting next but one 
after the beginning of said work of construction. Said 
committee shall serve without pay and shall have all the 
powers and authority given to the board of sewer com- 
missioners by this act or by the general laws relating to 
boards of sewer commissioners. 

Section 15. This act shall take effect upon its pas- 
sage, but no expenditure shall be made and no liability in- 
curred hereunder, except by vote of a majority of the 
voters of said towoi voting thereon at a legal meeting called 
for the purpose. Approved April 9, 1909. 



Town may 
commence 
construction. 



When to take 
effect. 



Chap.270 An Act relative to the appointment of harbor 

MASTERS FOR HARBORS THAT HAVE BEEN IMPROVED BY 
THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter sixty-six of 
the Eevised Laws is hereby amended by inserting after 
the word " may ", in the third line, the words : — and for 
all harbors that have been improved by the expenditure 
of money from the treasury of the commonwealth shall, — 
so as to read as follows: — Section 19. The mayor and 
aldermen of a city or the selectmen of a town in which a 
harbor is situated, unless otherwise specially provided, 



R. L. 66. § 19, 
amended. 



Harbor 
masters, etc., 
appointment, 
etc. 



Acts, 1909. — Chaps. 271, 272. 217 

may, and for all harbors that have been improved by the 
expenditure of money from the treasury of the common- 
wealth shall, appoint a harbor master and assistant harbor 
masters and fix their compensation, which shall be paid 
by their respective cities or towns. The harbor master 
shall continue in office until the appointment of his suc- 
cessor, and the assistants, until the appointment of their 
successors or until their appointments have been revoked. 

Section 2. This act shall not affect chapter one hun- Not to apply 
dred and forty-seven of the acts of the year eighteen hun- Boston." 
dred and eighty-nine, which relates to the appointment of 
a harbor master and assistants for the city of Boston. 

Section 3. This act shall take effect upon its passage. 
Approved April 9, 1909. 

An Act to require the making of certain annual (J]ian.11\ 

ESTIMATES BY OFFICIALS OF THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. The district attorney, sheriff, register of ^|[*f^\^ ^^ 
deeds, register of probate and all clerks of courts in and f^f°^|^ig{^""*^ 
for Suffolk county, all officers or persons in charge of the annual 
care and maintenance of the Suffolk county court house, expenses, etc. 
and all other officers of the said county, whether elected or 
appointed, having the right or duty to expend money for 
county purposes shall, on the first day of February in 
each year, furnish to the mayor and to the auditor of the 
city of Boston estimates of the expenses of their respective 
offices, departments or undertakings, and of their pro- 
spective expenditures for the ensuing year. 

Section 2. This act shall take effect upon its passage. 
Approved April 9, 1909. 

An Act to establish the open season for ruffed njidYt 272 

GROUSE, QUAIL AND WOODCOCK. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The open season for ruffed grouse, quail f^^^J^^^^^ 
and woodcock shall begin on the fifteenth day of October game birds, 
and shall end with the fifteenth day of November. 

Section 2. So much of any act as is inconsistent here- Repeal, 
with is hereby repealed. 

Section 3. This act shall take effect upon its passage. 
Approved April 9, 1909. 



218 



Acts, 1909. — Chap. 273. 



Char>.^^2t An Act relative to medical examinees. 

Be it enacted, etc., as follows: 



R. L. 24, § 10, 
amended. 



Report of 
autopsy to be 
filed with 
district 
attorney, etc. 



Section 1. Section ten of chapter twenty-four of the 
Eevised Laws is hereby amended by inserting after the 
word " found ", in the thirteenth line, the words : — if 
the supposed act of violence causing the death and the 
place in which the body was found be within the same 
county and within the district of said medical examiner, 
or if the place of such supposed act of violence be not 
known, — and by adding at the end of said section the 
words : — If the supposed act of violence causing the 
death and the place in which the body was found 
be not within the same county and within the district 
of said medical examiner, he shall at once notify the 
district attorney and a justice of the police, district 
or municipal court or trial justice having jurisdiction 
over the place where the supposed act of violence caus- 
ing the death of the deceased was committed, and shall 
file an attested copy of his autopsy and view and of his 
personal inquiries relating thereto in the court or with 
the justice and with the district attorney having jurisdic- 
tion over the place where the supposed act of violence 
causing the death of the deceased was committed, — so as 
to read as follows: — Section 10. He shall forthwith file 
with the district attorney of his district a report of each 
autopsy and view and of his personal inquiries, with a 
certificate that, in his judgment, the manner and cause 
of death could not be ascertained by view and inquiry 
and that an autopsy was necessary. The district attorney, 
if satisfied that an autopsy was necessary, shall so certify 
to the county commissioners having jurisdiction over the 
place in which the autopsy was held or, in the county of 
Suffolk, to the auditor of Boston. If upon such view, 
personal inquiry or autopsy, the medical examiner is of 
opinion that the death was caused by violence, he shall at 
once notify the district attorney and a justice of the po- 
lice, district or municipal court or trial justice having 
jurisdiction over the place in which the body was found, 
if the supposed act of violence caiLsing the death and the 
place in which the body was found be within the same 
county and within the district of said medical examiner, 



Acts, 1909. — Chap. 273. 219 

or if the place of such supposed act of violence be not 
known, and shall file an attested copy of the record of his 
autopsy in such court or with such justice and with the 
district attorney. If the supposed act of violence causing 
the death and the place in which the body was found be 
not within the same county and within the district of said 
medical examiner, he shall at once notify the district at- 
torney and a justice of the police, district or municipal 
court or trial justice having jurisdiction over the place 
where the supposed act of violence causing the death of 
the deceased was committed, and shall file an attested 
copy of his autopsy and view and of his personal inquiries 
relating thereto in the court or with the justice and with 
the district attorney having jurisdiction over the place 
where the supposed act of violence causing the death of 
the deceased was committed. 

Section 2. Section eleven of said chapter twenty-four, R. l. 24, § ii, 
as amended by section one of chapter one hundred and 
nineteen of the acts of the year nineteen hundred and four, 
is hereby further amended by inserting after the word 
"justice", in the first line, the words: — notified in ac- 
cordance with the provisions of the preceding section, — 
so as to read as follows: — 'Section 11. The court or trial ^'nVe"heid? 
justice, notified in accordance with the provisions of the ®tc. 
preceding section, shall thereupon hold an inquest, from 
which all persons not required by law to be present may 
be excluded, and the witnesses may be kept separate, so 
that they cannot converse with each other until they have 
been examined. The district attorney, or some person 
designated by him, may attend the inquest and examine 
the witnesses. An inquest shall be held in all cases of 
death by accident upon a railroad or street railway, and 
the court or justice holding such inquest shall give sea- 
sonable notice of the time and place thereof to the board 
of railroad commissioners. The attorney-general or the 
district attorney may direct an inquest to be held in the 
case of death by any casualty. 

Section 3. This act shall take effect upon its passage. 
Approved April 9, 1909. 



220 



Acts, 1909. — Chaps. 274, 275, 276. 



Chap.214: Aisr Act relative to the removal of insane pris- 
oners. 

Be it enacted, etc., as follows: 

The provisions of section one hundred and one of chap- 
ter two hundred and twenty-five of the Revised Laws, 
relative to the removal of insane prisoners, and of all acts 
in amendment thereof, shall apply to the prison camp and 
hospital in Rutland. Approved April 9, 1909. 



Removal of 

insane 

prisoners. 



Chap.275 An Act to legalize certain proceedings of the town 

MEETING OF THE TOWN OF WINCHENDON. 

Be it enacted, etc., as follows: 

Section 1. The proceedings of the annual town meet- 
ing of the town of Winchendon, held on the first day of 
March in the year nineteen hundred and nine, are hereby 
ratified and confirmed. 

Section 2. This act shall take effect upon its passage. 
Approved April 9, 1909. 



Certain pro- 
ceedings of 
the town of 
Winchendon 
confirmed, etc. 



Clerk or 
stenographer 
to have 
powers of 
assistant 
district 
attorney, etc 



Chap.276 An Act relative to the authority of clerks in the 

OFFICE OF DISTRICT ATTORNEY FOR THE SUFFOLK 
DISTRICT. 

Be it enacted, etc., as folloivs: 

Section 1. The district attorney for the Suffolk dis- 
trict may, if in his opinion the interests of the common- 
wealth so require, with the approval of the chief justice 
of the superior court, authorize any clerk or stenographer 
appointed under authority of chapter four hundred and 
sixty of the acts of the year nineteen hundred and six, 
provided that such clerk or stenographer is an attorney 
at law, to exercise all the powers of an assistant district 
attorney, but in no instance shall any such authority, 
without renewal, continue more than one year. Such an 
authorization shall not affect the compensation of any 
clerk or stenographer so authorized, and may be revoked 
at any time by the district attorney. 

Section 2. This act shall take effect upon its passage. 
Approved April 9, 1909. 



Acts, 1909. — Chap. 277. 221 



An Act to consolidate the board of water commis- CJiap.277 

SIGNERS and the BOARD OF SEWER COMMISSIONERS OF 
THE TOWN OF LEXINGTON. 

Be it enacted, etc., as follows: 

Section 1. The board of water commissioners of the Consolidation 
town of Lexington, established pursuant to rules and reg- boards''i'n the 
ulations adopted by vote of the town March twenty-third, Sngton, 
eighteen hundred and ninety-six, and continued in force ^*''- 
by vote passed February fifteenth, nineteen hundred and 
seven, and the board of sewer commissioners of said town, 
established under chapter five hundred and four of the 
acts of the year eighteen hundred and ninety-seven, now 
consisting of the same persons, namely, Francis W. Dean, 
George D. Milne and Kobert P. Clapp, whose terms of 
office are the same in each board and will expire at the 
annual town meeting in nineteen hundred and ten, nine- 
teen hundred and eleven and nineteen hundred and twelve, 
respectively, are hereby consolidated in one board, to be 
called the board of water and sewer commissioners. Said 
incumbents of the existing boards shall originally con- 
stitute the consolidated board, with their respective terms 
of office the same as those for which they were severally 
elected to the separate boards as aforesaid ; and the town 
shall at each annual meeting, beginning with the year 
nineteen hundred and ten, elect one member of said board 
of water and sewer commissioners to serve for three years 
and until his successor is elected and qualified. If a vacancy, 
vacancy shall occur in said board the town may at any 
meeting called for the purpose elect a person to fill the 
vacancy. 

Section 2. All the powers and duties of said board fxlstlng^^^*'* 
of water commissioners and of said board of sewer com- contracts, etc 
missioners shall hereafter devolve upon and be performed 
by said board of water and sewer commissioners. J^o 
contracts, rights or liabilities now existing shall be af- 
fected by the consolidation, but the said board of water 
and sewer commissioners shall in all respects and for all 
purposes be the lawful successor of said board of water 
commissioners and said board of sewer commissioners, 
respectively. 



222 



Acts, 1909. 



Chai^s. 278, 279. 



Powers and 
duties. 



Officers, 
appointment, 
compenaation, 
etc. 



When to take 
effect. 



Section 3. As part of its powers and duties said board 
of water and sewer commissioners, subject to the direction 
and control of the town, as expressed by vote of the town 
from time to time, shall have the care and management 
of the town's system of water supply derived from the 
metropolitan system and of the property and business 
connected with such supply, including all construction and 
repair work and the making of contracts therefor. 

Sectiojst 4. Said board may appoint a clerk, a super- 
intendent, registrar and other necessary subordinate offi- 
cers or agents, and may define their duties and fix their 
compensation ; but no commissioner shall hold any office 
or position of emolument under the board. Section twelve 
of said chapter five hundred and four is hereby amended 
to conform to the provisions of this section four. 

Section 5. This act shall take effect upon its accept- 
ance by a majority of the voters of the said town voting 
thereon at an annual meeting or at a special meeting duly 
called for the purpose. Approved April 9, 1909. 



Chap.27S An Act to exempt certain fraternal mutual bene- 
fit SOCIETIES FROM THE OPERATION OF CERTAIN PRO- 
VISIONS OF LAW REGULATING THE MAKING OF SMALL 
LOANS. 

Be it enacted, etc., as follows: 

Section 1. A fraternal mutual benefit society the mem- 
bership of which is limited to the employees of any one 
person, firm or corporation, and which makes loans to 
its members only, shall be exempt from obtaining a li- 
cense in accordance with the provisions of chapter six 
hundred and five of the acts of the year nineteen hundred 
and eight. 

Section 2. This act shall take effect upon its passage. 
Approved April 9, 1909. 



Certain Mutual 
benefit socie- 
ties exempt 
from certain 
provisions of 
law 



Chap.279 An Act relative to public cemeteries in towns. 

Be it enacted, etc., as follows: 

Section 1. Section sixteen of chapter seventy-eight of 
the Eevised Laws is hereby amended by striking out the 
words '• or of ", in the thirteenth line, and inserting in 



R. L. 78, 
amended 



cemetenea. 



Acts, 1909. — Chap. 280. 223 

place thereof a comma, by inserting after the word " its ", 
in the same line, the word : — care, — and by adding at 
the end of said section the words : — or the enlargement 
of the cemetery, — so as to read as follows: — Section 16. J^JroSe 
Towns may appropriate money for enclosing any cemetery p^Xmln't.''^' 
provided by them according to law or for constructing ^tc^.^of^ 
paths and avenues and embellishing the grounds therein, 
and may establish all necessary rules relative thereto not 
repugnant to law. They may lay out such cemetery into 
lots, and shall set apart a suitable portion, as a public 
burial place for the use of the inhabitants, free of charge. 
They may sell and convey to any persons, resident or non- 
resident, the exclusive right of burial and of erecting 
tombs and cenotaphs upon any lot and of ornamenting the 
same, upon such terms and conditions and subject to such 
regulations as they shall prescribe. The proceeds of such 
sales shall be paid into the town treasuries, be kept sep- 
arate from other funds and be appropriated to reimburse 
the towns for the cost of the land, its care, improvement 
and embellishment, or the enlargement of the cemetery. 
Section 2. This act shall take effect upon its passage. 
Approved April 9, 1909. 



An Act to pkovide fob the reimbursement of offi- rtjfri^ 280 

CERS OF THE ARMY AND NAVY OF THE UNITED STATES 
FOR CERTAIN EXPENSES INCURRED BY THEM WHILE ON 
DUTY WITH THE VOLUNTEER MILITIA OF THE COMMON- 
WEALTH. 

Be it enacted, etc., as follows: 

Section 1. Officers of the army and navy of the United Sif United 
States hereafter detailed by the war or navy department, andnavy"tobe 
at the request of the commander-in-chief, to act as in- reimbursed 

i , 1 • . I , fo'' certain 

structors, advisers, or umpires, or to perform any other expenses, etc. 
duty in connection with the volunteer militia of the com- 
monwealth, shall be reimbursed by the commonwealth, 
from the appropriation for compensation of officers and 
men of the militia, for all expenses incurred by them in 
the performance of the said duties, and authorized or ap- 
proved by the adjutant general, in excess of those expenses 
allowed and paid by the United States. Payments under 
this section shall be made to officers entitled thereto on 



224 



Acts, 1909. — Chaps. 281, 282. 



certificates, approved by the adjutant general, in such 
form as the commander-in-chief shall prescribe. 

Section 2. This act shall take effect upon its passage. 
Approved April 9, 1909. 



Chap.2Sl An Act relative to the inspection of cinemato- 
graphs AND SIMILAR APPARATUS, AND TO THE LICENS- 
ING OF OPERATORS THEREOF. 

Be it enacted, etc., as folloius: 

Section 1. For the inspection of a cinematograph or 
similar apparatus involving the use of a combustible film 
more than ten inches in length, as provided by section 
one of chapter five hundred and sixty-six of the acts of 
the year nineteen hundred and eight, a fee of one dollar 
shall be paid by the owner or user thereof. 

Section 2. A fee of three dollars shall accompany 
the application for examination for a license to exhibit 
or operate any cinematograph or similar apparatus in- 
volving the use of a combustible film more than ten inches 
in length, as provided by section four of said chapter five 
hundred and sixty-six. 

Section 3. A fee of one dollar shall accompany the 
application for a permit as an assistant, as provided by 
section five of said chapter five hundred and sixty-six. 

Section 4. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 5. This act shall take effect upon its passage. 
Approved April 9, 1909. 



Fee for 
inspection of 
cinemato- 
graph, etc. 



Fee for 
license to 
operate cine- 
matograph, 
etc. 



Fee for permit 
as assistant 
operator. 



Repeal. 



Ckap.2S'2i An Act to exclude dug pond in the town of natick 

FROM THE METROPOLITAN WATER SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan water and sewerage board 
may close and terminate the existing connection between 
Lake Cochituate and Dug pond in the town of Xatick, and 
transfer and release to the town of Natick all interest in 
and control over the waters of the said pond. Thereafter 
Dug pond shall not be used as a source of water supply by 
the metropolitan water district or by any city or town, 
nor shall it be allowed to overflow into Lake Cochituate or 
be connected with the water supply of said district or of 



Dug pond in 
Natick ex- 
cluded from 
the metropol- 
itan water 
system. 



Acts, 1909. — Chaps. 283, 284, 285. 225 

any city or to^vIl; and said pond shall be subject to the 
control and regulation of the park commissioners of the 
town of Natick, who are hereby authorized to impose pen- 
alties for the violation of any regulations made by them 
in respect to the said pond. 

Section 2. This act shall take effect upon its passage. 
Approved April 9, 1909. 

An Act to authorize the treasurer of the county (JJiap.283 

OF BRISTOL TO EMPLOY CLERICAL ASSISTANCE. 

Be it enacted, etc., as follows: 

Section 1. The treasurer of the county of Bristol may ciencai a^jst- 
employ clerical assistance in his office at an annual ex- treasurer of 
pense not exceeding twelve hundred and fifty dollars. Bristol!'^ '^ 

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 April 9, 1909. 

An Act to authorize the city of boston to maintain (7^(^^.284 
A public landing at the northern avenue bridge. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized to The city of 
erect and maintain a public boat landing in Boston har- maintain a . 
bor beyond the harbor line at the Northern avenue bridge, fandllTg.^" 
subject to the provisions of chapter ninety-six of the Re- 
vised Laws. 

Section 2. This act shall take effect upon its passage. 
Approved April 9, 1909. 



Chap.2S5 



An Act relative to the school committee of the 
town of arlington. 

Be it enacted, etc., as follows: 

Section 1. The school committee of the town of Arling- school com- 
ton shall hereafter consist of five members, to be elected by ^wn of°^ 
such persons as shall be qualified to vote for school com- Section*!"' 
mittee in that town ; but no person shall be eligible for *^™®' ^**^- 
election to the committee who is not an inhabitant of the 
town. The school committee shall serve without compen- 
sation, and their terms of office shall begin with the be- 
ginning of the municipal year following their election. 



226 



Acts, 1909. 



Chap. 285. 



Vacancy, etc. 



Terms of 
office of 
present school 
committee to 
cease, etc. 



Repeal. 



Act to be 
submitted to 
voters at 
state election. 



At the annual town meeting next following 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 
every annual town meeting 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 com- 
mittee whose term or terms are about to expire. 

Section 2. If there is a failure to elect a school com- 
mittee in the town, the selectmen shall in writing appoint 
such committee. If there is a vacancy in the school com- 
mittee elected in accordance with the provisions of this 
act, arising from death, resignation or otherwise, the re- 
maining member or members of said committee shall give 
notice thereof in writing to the selectmen, who, with the 
remaining member or members of such committee shall, 
after one week's notice, fill such vacancy by ballot. A 
majority of the ballots of the officers entitled to vote shall 
be necessary to such election. The person or persons ap- 
pointed or elected shall perform the duties of the office 
until the next annual meeting or until others are chosen 
and qualified. 

Section 3. Upon the organization of the school com- 
mittee elected in accordance with the provisions of this act 
the terms of office of the members of the present school 
committee shall end, and their powers and duties shall 
cease. The school committee elected in accordance with 
the provisions of this act shall be the lawful successors 
of the present school committee, and shall have the powers 
and privileges and be subject to the duties and obligations 
set forth in all general laws now or hereafter in force re- 
lating to school committees of towns. 

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 town of Arlington at the annual state election in 
I^ovember, nineteen hundred and nine, 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 
nineteen hundred and nine, being " An Act relative to the 
school committee of the town of Arling-ton ", be accepted ? 
and if a majority of the voters voting thereon shall vote 
in the affirmative this act shall take effect. 



Acts, 1909. — Chap. 286. 227 

Section 6. So much of this act as authorizes its sub- when to take 
mission to the voters of the said town shall take effect 
upon its passage, but it shall not take further effect until 
accepted by the voters of the town as herein provided. 

Approved April 9, 1909. 

An Act to provide penaxties for violating the rules Qjinj) 286 

RELATIVE TO THE USE OF THE LOCK AND DRAWBRIDGES 
OF THE CHARLES RIVER DAM. 

Be it enacted, etc., as follows: 

Section 1, No person shall deface or injure any part Locks and 
of the Charles river dam or any wharf, wall or other of the charies 
structure or any mechanism connected therewith, or un- "^^"^ ^"^' 
necessarily open any drawbridge or obstruct the passage 
of the same ; nor shall any person, without the consent of 
the person in charge of the drawbridge, make fast to the 
dam or bridge or draw or guard or pier or any appur- 
tenance thereof any vessel, scow, raft or float, or remain 
inside of the draw-gates or on any pier, wharf, fender or 
appurtenance of the draw while the gates are closed ; 
nor shall any person having charge of a vessel passing 
through the draw of any such bridge refuse or neglect 
to comply with the directions of the person in charge re- 
lating to such passing. 

Section 2. Whoever violates any provision of section Penalty for 
one hereof shall be punished by a fine not exceeding twenty ru^es"""^ ° 
dollars for each offence, and not only the person actually 
doing the prohibited thing, but also his employer and 
every other person concerned in so doing shall be punished 
by the said fine. 

Section 3. Xo person shall violate any of the rules violation of 
which may from time to time be issued by the war depart- p"|fhibited. 
ment of the United States governing the use of the lock 
of the Charles river dam, and no person shall permit or 
suffer any vessel, scow, raft or float to come in contact with 
either of the gates of the lock. 

Section 4. Whoever violates any provision of section Further 
three of this act shall be punished by a fine not exceeding p^"*'*^- 
fifty dollars for each offence, and not only the person 
actually doing the prohibited thing, but also his employer 
and every other person concerned in so doing shall be 
punished by the said fine. Approved April 9, 1909. 



228 



Acts, 1909. — Chaps. 287, 288. 



Chap.287 An Act kelative to the taking of deposits by cer- 
tain PERSONS^ PAKTNEKSIIIPS, ASSOCIATIONS OB COR- 
PORATIONS. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter four hundred and 
twenty-eight of the acts of the year nineteen hundred 
and five, as amended by section seven of chapter three 
hundred and seventy-seven of the acts of the year nine- 
teen hundred and seven, is hereby repealed. 

Section 2. Chapter four hundred and eight of the 
acts of the year nineteen hundred and six is hereby 
amended by striking out section three and inserting in 
place thereof the following: — Section 3. Suit to recover 
on a bond required to be filed under the provisions of this 
act, or of any acts in amendment thereof or in addition 
thereto, may be brought by or upon the relation of any 
party aggrieved, in a court of competent jurisdiction. 

Approved April 9, 1909. 



1905. 428. i 
repealed. 



1906, 408, § 3. 
amended 



Suit to recover 
on bond, etc. 



Certain 
religious 
societies in 
Newburyport 
may unite. 



Chap.28S An Act to authorize the union of the north con- 
gregationai. society, the fourth religious society 
and the whitefield congregational society in 
newburyport. 

Be it enacted, etc., as follows: 

Section 1. Upon the acceptance of the provisions of 
this act by the North Congregational Society of Newbury- 
port, Massachusetts, by vote of a majority of its members 
present and voting at a meeting called for the purpose, 
the Fourth Religious Society of JSTewburyport, Massa- 
chusetts, and the Whitefield Congregational Society of 
Newburyport, Massachusetts, are authorized, whenever 
the members of said two last mentioned corporations, by 
similar vote at meetings called for the purpose shall also 
accept this act, to unite under the terms of this act in one 
corporation with the North Congregational Society afore- 
said ; and, when such votes have been passed, certified 
copies thereof, sworn to by the respective clerks of said 
corporations and recorded in the registry of deeds for 
the southern district of the county of Essex shall be suf- 
ficient evidence of such union, and the union shall then 



be complete. 



Acts, 1909. — Chap. 288. 229 

Section 2. Upon recording said votes the name of Name changed. 
said Xorth Congregational Society shall be changed to the 
Central Congregational Society of Newburyport, Massa- 
chnsetts. 

Section 3. Said Central Congregational Society shall J^tTrs^Tc. 
have and enjoy all the franchises, powers, privileges, prop- 
erty and rights of every kind now belonging to the said 
Fonrth Keligions Society, the North Congregational So- 
ciety, and the Whitefield Congregational Society and 
church, subject to the uses and trusts upon which the 
same are now held, and shall assume and be subject to 
all their present duties, debts and liabilities, and shall 
be subject to all general laws now or hereafter in force 
relating to religious corporations, and may sell any of 
the meeting houses or other property now belonging to the 
said last mentioned societies and church. 

Section 4. The records and other books and papers Records, etc. 
of said Fourth Religious Society and of said Whitefield 
Congregational Society shall be the property of said Cen- 
tral Congregational Society for the term of two years, 
and shall then be dej^osited as required by law. 

Section 5. After said votes shall have been passed, by-kwTetc.' 
the members of said Fourth Eeligious Society and of said 
Whitefield Congregational Society shall become members 
of said Central Congregational Society, and the present 
by-laws of the said ISTorth Congregational Society shall, so 
far as they are consistent with the laws of the common- 
wealth, and subject to the provisions of this act, remain 
in force and be the by-laws of said Central Congregational 
Society until new by-laws are adopted in place thereof. 

Section 6. The churches affiliated with said Fourth Union of 
Religious Society and said W^hitefield Congregational So- sodetiea!^^" 
ciety are hereby authorized to unite with the church af- 
filiated with said Central Congregational Society whenever 
the members of said churches by a majority vote of those 
present and voting at meetings called for the purpose shall 
so vote, and when such votes have been passed the said 
churches shall become part of and be merged in the church 
affiliated with said Central Congregational Society, with 
all the privileges of members thereof. , 

Section 7. All the property, whether real or personal, p^peSy to 
belonging to the said Fourth Religious Society and the ^|^\J^,*^^ 
said Whitefield Congregational Society, and all the prop- congrega- 



230 



Acts, 1909. — Chap. 288. 



Gifts, grants, 
etc. 



Conveyance 
of certain 
property. 



Damages. 



When existing 
societies shall 
be dissolved. 



erty held in trust by the said churches, by the deacons of 
said churches, by the pastor and deacons of said churches 
or by the standing committee or trustees of said churches 
affiliated as aforesaid, respectively, shall be vested in the 
pastor and deacons, or in the standing committee or 
trustees, as the case may be, of the church affiliated with 
said Central Congregational Society, to be held upon the 
same or as nearly as possible upon the same trusts upon 
which said trust property is now held. In case of doubt as 
to the precise manner in which said trust property or the 
income thereof shall be divided, the matter may be de- 
termined by the supreme judicial court upon application 
of any person interested, or of the attorney-general, and, 
imtil the court shall otherwise order, said trust property 
and the income thereof shall be applied in accordance with 
the terms of the original trust, or as nearly as possible 
therewith, by the pastor and deacons or by the standing 
committee of said church affiliated with said Central Con- 
gregational Society, as the case may be. 

Section 8. All gifts, grants, bequests and devises here- 
tofore or hereafter made to or for the benefit of the said 
Fourth Religious Society, said jS^orth Congregational 
Society, said Whitefield Congregational Society, said 
Central Congregational Society, or to their respective 
churches or officers affiliated with them, shall vest in the 
said Central Congregational Society or in the church or 
officers affiliated with the last named, as the case may be. 

Section 9. The proprietors of the !North Congrega- 
tional Society may by a majority vote convey all its prop- 
erty to the said Central Congregational Society of 
Newburyport. 

Section 10. Any person aggi-ieved by the provisions 
of this act may, at any time within six months after the 
recording of the copies of the votes above provided for, 
apply by petition to the superior court for the county of 
Essex to have his damages determined by a jury therein, 
or by, or under the direction of, said court ; and all dam- 
ages so awarded, with the costs of suit allowed by statute 
in civil cases attending such award, shall be paid by the 
said Central Congregational Society. 

Section 11. Six months after the recording of said 
votes said Fourth Religious Society and said Whitefield 



Acts, 1909. — Chaps. 289, 290. 231 

Society and their affiliated churches shall cease to exist 
and be dissolved. 

Section 12. This act shall take effect upon its passage. 
Approved April 9, 1909. 

An Act relative to the sprinkling of streets with ChajJ.^Sd 

WATER AND OTHER LIQUIDS AND MATERIALS. 

Be it enacted, etc., as follows: 

Section 1. Any city or to^vn may sprinkle or spread ^treets^ etc.. 
upon its public ways, or parts thereof, water or any liquid ^P^^water 
or material suitable for laying or preventing dust and f^'^^i^J^jp^ 
preserving the surface thereof, and for sanitary purposes, 
and all statutes providing for watering such public ways 
shall apply to the use of such liquids and materials, in- 
cluding the appropriation of money, the expenditure 
thereof at the expense of the city or of the abutters, the 
assessment upon abutting estates, and the collection of 
such assessments and proceedings therefor. 

Section 2. This act shall take effect upon its passage. 
Approved April 12, 1909. 

An Act to authorize the town of mansfield to con- (JJiap.290 
struct and maintain a system of sewerage and 
sewage disposal. 

Be it enacted, etc., as follows: 

Section 1. The town of Mansfield is hereby author- Town of 
ized to lay out, construct, maintain and operate a system construct ™*^ 
or systems of main drains and common sewers for a part sewe^rage^ 
or the whole of its territory, with such connections and 
other works as may be required for a system of sewage 
disposal ; and, for the purpose of providing better surface 
or other drainage, guarding against pollution of waters, 
and otherwise protecting the public health, may lay, make 
and maintain such main drains as it deems best. For the 
purposes aforesaid the town may within its limits, deepen, 
widen and clear of obstruction any brook, stream or water 
course, and may straighten or alter the channels or divert 
the waters thereof, and may lay, make and maintain sub- 
drains, and, with the approval of the state board of health, 
discharge the water into any brook, stream or water course 
within the town. 



232 



Acts, 1909. — Chap. 290. 



Sewer com- 
missioners, 
election, 
terms, etc. 



May take, etc., 
lands, water 
rights, etc. 



Proviso. 



Description 
of lands to be 
recorded, etc. 



Section 2. The town shall elect a board of three com- 
missioners, to be called sewer commissioners, who shall 
be citizens and residents of the town and shall be elected 
by ballot at an annual meeting of the town, one commis- 
sioner to hold office for one year, one for two years and 
one for three years, respectively, from the date of the 
annual town meeting at which he is elected, and until his 
successor is elected and qualified ; and at each annual town 
meeting thereafter the town shall elect one member of 
the board to serve for three years or until his successor 
is elected and qualified.- If a vacancy occurs in the board 
the. to^vn may at a meeting called for the purpose elect a 
person qualified as aforesaid to fill the vacancy. 

Section 3. Said board of commissioners, acting in be- 
half of the town, shall have power to take, or acquire by 
purchase or otherwise, any lands in fee and any water 
rights, rights of way and easements in said town, public or 
private, necessary for any of the purposes mentioned in 
this act, and may construct within the town such main 
drains and sewers under or over any water course, 
bridge, aqueduct, conduit, railroad, railway or way, or 
within the location of any railroad or railway, and may 
enter upon and dig up any private land, street or way, 
or railroad or railway location, for the purpose of laying 
such main drains and sewers, and of maintaining and re- 
pairing the same, and may do any other thing necessary 
or proper for the purposes of this act: provided, however, 
that said commissioners shall not take in fee any land of 
a railroad corporation, and that they shall not enter upon 
or construct any drains or sewers within the location of 
any railroad corporation, except at such time and in such 
manner as they may agree upon with such corporation, or, 
in case of failure to agree, as may be approved by the 
board of railroad commissioners. 

Section 4. Said board, in order to take any lands in 
fee, water rights, rights of way or easements otherwise 
than by purchase or agreement, shall cause to be recorded 
in the registry of deeds for the county of Bristol a 
statement signed by a majority of the board, containing 
a description thereof as certain as is required in a con- 
veyance of land, and specifying that the same are taken 
under authority of this act; and upon such recording the 
title to the lands, water rights, rights of way or easements 



Acts, 1909. — Chap. 290. 233 

described in such statement shall vest in the town of 
Mansfield, which shall pay all damages therefor and all 
other damages sustained by any person or corporation 
throngh any action of said board under this act. Said Damages, 
board at the time of such taking shall notify the owners 
thereof in writing, and may agree with any person or 
corporation injured hereunder, upon the damages sus- 
tained by such person or corporation; and if the damages 
are not agreed upon, a jury in the superior court for said 
county may be had to determine the same, upon petition 
of either party, in the manner provided by law for de- 
termining the damages for land taken for the laying out 
of highways ; but in the case of a taking no suit or petition 
shall be brought after the expiration of two years from the 
date of the recording of the taking as herein provided ; 
and in all other cases no suit or petition shall be brought 
after the expiration of two years from the time when the 
cause of action accrues. 

Section 5. In every case of a petition for the assess- Town may 
ment of damages or for a jury the town may at any time sum as 
file in the ofiice of the clerk of the court an offer in writing ^™*^^^- 
to pay the petitioner a sum therein specified as damages; 
and if the petitioner does not accept the same within 
thirty days after notice of such offer, and does not finally 
recover a sum greater than that offered, not including 
interest from the date of the offer on the sum so recovered, 
the town shall recover costs from the date of such notice, 
and the petitioner shall be entitled to costs only to such 
date. 

Sectiox 6. The town of Mansfield shall by vote de- Town to pay 
termine what j^roportion of the cost of said system or pon!onor 
systems of sewerage and sewage disposal said town shall ''°^^' 
pay: provided, that it shall not pay less than one third Proviso, 
nor more than one half of the whole cost. The remaining 
cost of said systems shall be borne by the owners of 
estates situated within the territory embraced by them 
and benefited thereby, but no estate shall be deemed to 
be benefited until a sewer is constructed into which it 
can be drained. The owners of such estates shall be 
assessed by said commissioners their proportional parts, 
respectively, of such portion of the total cost of said sys- 
tems as is not borne by the town as above provided. The Payment of 
said board of sewer commissioners shall determine the ^^^^^^'"^'^ ^' 



234 Acts, 1909. — Chap. 290. 

value of the special benefit to each of the said estates, 
respectively, from the said system of sewers, taking into 
account all the circumstances of the case, and the pro- 
portionate part to be paid by the owners of the said 
estates, respectively, shall be based upon the amount of 
the special benefit to each estate, determined as aforesaid ; 
and every such owner shall, within three months after 
written notice of such assessment, served on him or on 
the occupants of his estate, or sent by mail to the last 
address of said owner known to said commissioners, pay 
the sum so assessed to the collector of taxes of said town ; 
Provisos. jjrovided, that said board shall on the written request of 

any such owner, made within said three months, apportion 
such assessment into four equal parts or instalments ; and 
said board shall certify such apportionment to the assess- 
ors of the town, and one of said parts or instalments, with 
interest from the date of the apportionment at the rate of 
six per cent per annum, shall be added by the assessors to 
the annual tax on such estates for each year next ensu- 
ing, until all said parts have so been added, unless sooner 
l^aid as hereinafter provided, and provided, further, that 
nothing herein contained shall be construed to prevent the 
payment at any time in one payment, notwithstanding 
its prior apportionment, of any balance of said assessments 
then remaining unpaid, but interest on such balance at 
the rate of six per cent per annum shall be paid to the 
date of such payment ; and thereupon the collector of taxes 
of said town shall receive the same and shall certify such 
payment or payments to the assessors, who shall preserve 
a record thereof. In cases of corner lots and lots abutting 
on more than one sewered street the same area shall not 
be assessed more than once. 
^onstftSfel*° Section 7. An assessment made under the provisions 
esute?etc ^^ scctiou six shall Constitute a lien upon the estate, which 
shall continue for three years after it is made and notice 
served as above provided, or, in case of apportionment, 
until the expiration of two years from the time when the 
last instalment is committed to the collector of taxes ; and 
said assessment, if not paid within three months after 
service of said notice, or, if apportioned, within three 
months after any part has become due, may, together with 
interest thereon at the rate of six per cent per annum, 
with incidental costs and expenses, be levied by the col- 



Acts, 1909. — CiiAr. 290. 235 

lector by sale of such estate, or so nnicli thereof as shall 
be sufficient to discharge the assessment and interest and 
intervening charges. Such sale and all proceedings con- 
nected therewith shall be conducted in the same manner 
as sales for the non-payment of taxes ; and real estate so 
sold may be redeemed the same as if sold for the non- 
payment of taxes, and in the same manner. Such assess- 
ments or parts thereof may also be collected by an action 
of contract in the name of the town of Mansfield against 
the owner of the estate, brought at any time within three 
years after the same have become due. 

Section 8. Any person aggrieved by such assessment f^^^fj'^g^ 
may at any time within three months after service of the may apply 

. "^ . T . . . I, , . 1 for a jury, etc. 

notice mentioned m section six oi this act apply to the 
superior court of said county for a jury to revise the same, 
but before malving such application he shall give fourteen 
days' notice in writing of his intention so to do to the 
said commissioners, and shall therein particularly specify 
his objection to the assessment, to which specification he 
shall be confined before the jury. 

Section 9. The town of Mansfield, for the purpose Mansfield 
of paying the necessary expenses and liabilities incurred Loanrict of 
under this act, may incur indebtedness to an amount not ^^°®* 
exceeding one hundred thousand dollars, and may issue 
from time to time therefor bonds or notes ; and the debt 
and loan authorized by this act and the bonds or notes 
issued therefor shall not be reckoned in determining the 
statutory limit of indebtedness of the town. Such bonds 
or notes shall bear on their face the words, Mansfield 
Sewerage Loan, Act of 1909, shall be payable within 
periods not exceeding thirty years from the dates of issue, 
and shall bear interest payable semi-annually at a rate not 
exceeding four per cent per annum. They shall be signed 
by the treasurer of the town and countersigned by a 
majority of the selectmen. The town may from time to 
time sell such securities, or any part thereof, at public or 
private sale, provided they shall not be sold for less than 
the par value thereof. The proceeds thereof shall be re- 
tained in the treasury and the treasurer shall, upon the 
order of said board of commissioners, pay therefrom the 
expenses incurred for the purposes aforesaid. 

Section 10. The town shall at the time of autjiorizing Payment of 
the said loan provide for the payment thereof in such 



236 



Acts, 1909. — Chap. 290. 



Payment of 
expenses, etc. 



Clerk and 
superintend- 
ent, appoint- 
ment, etc. 



Rules and 
regulations. 



annual payments as will extinguish the same within the 
time prescribed by this act ; and when a vote to that effect 
has been passed the amount required thereby, less the 
amount that may be appropriated therefor as provided 
in the following section, shall without further vote be 
assessed by the assessors of the town in each year there- 
after, in the same manner in which other taxes are 
assessed, until the debt incurred by the town is extin- 
guished. 

Section 11. The receipts from sewer assessments and 
from payments made in lieu thereof, and the premiums, 
if any, received from the sale of bonds or notes issued 
under authority of this act, shall be applied by the board 
of sewer commissioners to the payment of charges and 
expenses incident to the maintenance and operation of said 
system of sewerage, or to the extension thereof, except 
that the town may apply any part of such receipts to the 
payment of the interest upon bonds or notes issued under 
authority of this act and not otherwise provided for, or 
to the payment or redemption of such bonds or notes, as 
the town shall by vote determine, and the said receipts 
shall be used for no other purpose. If such receipts shall 
not in any year be sufficient for the purposes aforesaid 
the town shall raise forthwith by taxation, in the same 
manner in which money is raised and appropriated for 
other town purposes, the balance required therefor. 

Section 12. Said board of commissioners shall an- 
nually appoint a clerk, and may appoint a superintendent 
of sewers, and may remove said clerk or superintendent at 
its pleasure. The compensation of the commissioners 
shall be fixed by the town. 

Section 13. All contracts made by said board of com- 
missioners shall be made in the name of the town and 
shall be signed by the board ; but no contract shall be made 
or obligation incurred by the commissioners for any pur- 
pose in excess of the amount of money appropriated by the 
town therefor. 

Section 14. Said commissioners may from time to 
time prescribe rules and regulations for the connecting 
of estates and buildings with main drains and sewers, and 
for the inspection of the materials, the construction, al- 
teration and use of all connections and drains entering 
into such main drain or sewers, and may impose penalties 



Acts, 1909. — Chap. 291. 237 

not exceeding twenty dollars for each violation of any such 
rnle or regulation. Such rules or regulations shall be 
published not less than once a week for three successive 
weeks in some newspaper published in the town of Mans- 
field, if there be any, and if not, then in some newspaper 
published in the county of Bristol, and shall not take 
effect until such publication has been made. 

Section 15. No act shall be done under authority of approved''by 
the preceding sections until the plans for said system of of^^l^^"^'"'^ 
sewerage have been approved by the state board of health. 
Upon application to said board for such approval the 
board shall give a hearing, after due notice to the public. 
At such hearing plans, showing in detail all the work to 
be done in constructing said system of sewerage, shall be 
submitted for the approval of the state board of health. 

Section 16. Until said board of commissioners shall 1°^"™^! 

commence 

have been elected as provided in this act, the town may construction. 

carry on the construction of its system of sewerage by a 

duly authorized committee of the town, but for a period 

not longer than until the annual meeting next but one 

after the commencement of said work of construction. 

Said committee shall serve without pay, and shall have 

all the powers and authority given to the board of sewer 

commissioners in this act or by the general laws relating 

to boards of sewer commissioners. 

Section 17. This act shall take effect upon its passage, when to take 
but no expenditure shall be made and no liability incurred 
hereunder until thig act has been accepted by vote of a 
majority of the voters of said town voting thereon at a 
legal meeting called for the purpose. 

Approved April 12, 1909. 



effect. 



Chap.291 



An Act to prohibit the taking of fish by means of 
torches or other artificial light within the 
waters in and about nahant bay, beverly harbor 
and salem bay. 

Be it enacted, etc., as foUoivs: 

Section 1. It shall be unlawful for any person to Taking of fish 
display torches or other light designed or used for the l'Mc'hes,"etcl 
purpose of taking herring or other fish, in ISTahant bay, watere""" 
Beverly harbor, Salem bay, or in the vicinity or in any proi"bited. 
inlet therein, or in any waters westerly and northwesterly 



238 Acts, 1909. — Chap. 292. 

of a line drawn from East Point, ISTahant, to Egg Rock, 
to Ram island, to Tinker's island, to Lowell island, to 
Baker's island, to the eastern end of Great Misery island, 
then to the southern point of Gale's Head, Manchester, 
including Manchester harbor and Bass river, Beverly, 

Proviso. and its tributaries : provided, however, that the boards of 

health of the cities of Beverly and Salem and of the towns 
of Danvers, Manchester and Marblehead may grant per- 
mits for the display of torches or other light for the pur- 
pose aforesaid, within the limits of their respective cities 
and towns during the months of October to April, in- 
clusive, of any year, with such restrictions as in their 
judgment will prevent the same from constituting a nui- 
sance; and they may at any time revoke any such permit. 

Penalty. Section 2. Whoever violates any provision of this act 

shall, for a first oifence, be punished by a fine of not less 
than fifty nor more than two hundred dollars, or by im- 
prisonment for not less than six months nor more than 
twelve months, or by both such fine and imprisonment ; 
and for a second offence, by both such fine and imprison- 
ment. Approved April 12, 1909. 

Chap.292 An Act to provide for reimbursing cities and towns 

FOR MEDICAL ATTENDANCE OR TREATMENT FURNISHED 
TO PAUPERS. 

Be it enacted, etc., as follows: 
Swn^smaybe - Section 1. Reasonable compensation for medical at- 
for"medfcai teudaucc Or treatment furnished by a city or town under 
attendance the provisioiis of chaptcT cighty-one or chapter eighty-five 
paupers, etc. of the Rcviscd Laws may be included in the expenses to 
be paid to such city or town by any other city or to^vn, or 
by the commonwealth; although such attendance or treat- 
ment was by a city or town physician whose compensation 
is by a fixed or annual salary. Such reimbursement shall 
not exceed the proportionate cost to the city or town fur- 
nishing the attendance or treatment, based upon the total 
number of visits annually made in relation to the total 
fixed or annual salary of the physician for all services 
rendered by him in his official capacity. 

Section 2. This act shall take effect upon its passage. 
Approved April 12, 1909. 



Acts, 1909. — Chap. 293. 239 



An Act to authoeize the city of pittsfiei.d to incur (JJianJ^Q^ 

ADDITIONAL INDEBTEDNESS FOR THE IMPROVEMENT OF 
ITS WATER WORKS. 

Be it enacted, etc., as follows: 

Section 1. The city of Pittsfield, for the purposes pittsfieid 
mentioned in chapter one hundred and eighty-five of the lictVi 1909.' 
acts of the year eighteen hundred and ninety-two and acts 
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 
hundred thousand dollars in addition to the amounts 
heretofore 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, Pittsfield Water Loan, Act 
of 1909; shall be payable at the expiration of periods not 
exceeding thirty years from the dates of issue; shall bear 
interest, payable semi-annually, at a rate not exceeding 
four per cent per annum ; and shall be signed by the 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, at a rate not exceeding five per cent per 
annum, to be made by its mayor and treasurer in antici- 
pation of the bonds hereby authorized. 

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 any of such bonds, notes or 
scrip, as will 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 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^may be 
required under the provisions of this act shall, without 
further vote, be assessed by the assessors of said city in 



240 



Acts, 1909. — Chap. 294. 



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 12, 1909. 



Chap.294: An Act relative to certain fraternal beneficiary 

CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 



1904, 155. § 1. 
amended. 



Certain corpo- 
rations may 
carry on the 
business of 
assessment in- 
surance, etc. 



fifty-five of the acts of the year nineteen hundred and four 
is hereby amended by striking out the fifth line and the 
word " fraternity ", in the sixth line, by inserting after 
the word " act ", in the seventh line, the words : — by a 
two thirds vote of its policy or certificate holders voting 
thereon, — by inserting after the word " purpose ", in the 
eighth line, the words : — of which meeting written or 
printed notice shall be mailed to each policy or certificate 
holder at least thirty days before the day fixed for the 
meeting, — by inserting after the word " of ", in the 
eleventh line, the words : — death or, — and by adding 
at the end of said section the words : — The members of 
such corporations may vote on this proposition by proxy if 
the instrument appointing the proxy is filed with the sec- 
retary of the corporation at least five days before said 
meeting, and the aforesaid notice to the policy or certifi- 
cate holders shall so state, — so as to read as follows : — 
Section, 1. Any domestic corporation now doing business 
under the provisions of chapter one hundred and nineteen 
of the Revised Laws and acts amendatory thereof, whether 
originally incorporated under such act or not, may at any 
time within seven years after the date of the approval of 
this act, by a two thirds vote of its policy or certificate 
holders voting thereon, at a meeting called for the pur- 
pose, of which meeting written or printed notice shall be 
mailed to each policy or certificate holder at least thirty 
days before the day fixed for the meeting, adopt its pro- 
visions, and may thereafter carry on the business defined 
in section one of chapter one hundred and twenty of the 
Revised Laws, and may, in addition thereto, provide for 
the payment of death or funeral benefits, not exceeding 



Acts, 1909. — Chaps. 295, 296. 211 

one hundred dollars, in case of the death of the assured 
by sickness, and shall thereafter conduct such business 
under the provisions of said chapter one hundred and 
twenty, as modified by this act, and shall be deemed an 
assessment insurance company. The members of such 
corporations may vote on this proposition by proxy if the 
instrument appointing the proxy is filed with the secre- 
tary of the corporation at least five days before said meet- 
ing, and the aforesaid notice to the policy or certificate 
holders shall so state. 

Section 2. This act shall take effect upon its passage. 
Approved April 12, 1909. 



Chap.295 



An Act relative to aiding discharged prisoners. 

Be it enacted, etc., as follows: 

The amounts now authorized to be expended for aiding Aiding 
discharged prisoners under sections one hundred and '^° '^^^^ 
thirty-six and one hundred and thirty-seven of chapter 
two hundred and twenty-five of the Revised Laws, and 
acts in amendment thereof, may be applied to the as- 
sistance of any prisoners released from the state prison, 
the Massachusetts reformatory, the reformatory prison for 
women, or the prison camp and hospital. 

Approved April 12, 1909. 



An Act to authorize the city of medford to make rij.^^ oqa 

AN additional LOAN FOR CONSTRUCTING SEWERS. ^' 

Be it enacted, etc., as follows: 

Section 1. The city of Medford, for the purpose of Medford 
paying the expenses and liabilities incurred or to be in- Loan, Act of 
curred for sewerage purposes under chapter one hundred 
and eighty of the acts of the year eighteen hundred and 
ninety-three, may issue from time to time bonds, notes 
or scrip to an amount not exceeding fifty thousand dollars 
in addition to the amount authorized to be issued by said 
chapter, and the same shall not be reckoned in determin- 
ing the statutory limit of indebtedness of the city. Such 
bonds, notes or scrip shall bear on their face the words, 
Medford Sewerage Loan, Act of 1909, shall be payable 
within such periods not exceeding thirty years from the 



242 



Acts, 1909. — Ciiap. 296. 



Payment of 
loan, etc. 



Repeal. 



dates of issue, and shall bear interest payable semi-annu- 
ally at such rate, not exceeding four per cent per annum, 
as the mayor and aldermen of the city may determine. 
The said securities shall be signed by the mayor and the 
treasurer of the city, and countersigned by the auditor, 
and the city may sell the same or any part thereof at 
public or i3rivate sale, but they shall not be sold for less 
than their par value. The proceeds shall be retained in 
the treasury and the treasurer shall pay therefrom the 
expenses incurred or to be incurred under authority of 
said chapter one hundred and eighty, but any premiums 
received on the sale thereof shall be paid over to the com- 
missioners of sinking funds, to be used in payment of the 
loan authorized hereby. 

Section 2. The receij)ts from annual rates, assess- 
ments, and payments made in lieu thereof, collected under 
authority of said chapter one hundred and eighty shall, 
after deducting all charges and expenses incident to the 
maintenance and operation of the sewers, be applied, first, 
to the payment of interest upon the securities issued under 
authority hereof, and of said chapter one hundred and 
eighty, and the remainder shall be set apart, as provided 
in section twelve of chapter twenty-seven of the Kevised 
Laws, to meet the requirements of the sinking fund for 
the payment of the said securities. If the surplus net 
income collected as aforesaid shall in any year be insuffi- 
cient to pay the interest on said securities and to meet 
the requirements of law as to said sinking fund, then the 
city, to meet the deficiency, shall raise forthwith by taxa- 
tion, in the same manner in which money is ajipropriated 
and assessed for other city purposes, such sum as may be 
required for that purpose. The said sinking fund shall be 
used for no other purpose than the payment of the loans 
contracted under authority of said chapter one hundred 
and eighty or of this act. If in any year said surplus net 
income shall be in excess of the sum necessary to pay the 
interest upon said securities, and the requirements of the 
sinking fund for that year, the surplus shall be retained 
in the treasury, and the treasurer shall pay therefrom 
the expenses incurred under authority of said chapter 
one hundred and eighty. So much of section ten of said 
chapter as is inconsistent with the provisions of this sec- 
tion is hereby repealed. 



Acts, 1909. — Chains. 297, 298. 243 

Section 3. The costs and expenses incurred by the city Payment of 
under authority of chapter one hundred and sixty-two of expenses, 
the acts of the year eighteen hundred and ninety-four, ex- 
cept for construction of walks or ways, may be paid by 
appropriations from the proceeds of the sale of any se- 
curities issued under authority hereof. 

Section 4. This act shall take effect upon its passage. 
Approved April 12, 1909. 

An Act relative to the oeder of payment of debts (JJid^J^Q^ 
OF insolvent estates of deceased persons. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and f^^^^^l; ^ ^• 
forty-two of the Revised Laws is hereby amended by in- 
serting after the thirteenth line the following new para- 
graph : — 

Fourth, Debts, to an amount not exceeding one hundred payment of 
dollars, for necessaries furnished to such deceased person '^''^^^■ 
or his family within the six months last preceding his 
death, or for such necessaries so furnished for the recov- 
ery of payment for which a judgment has been rendered. 

Said section is further amended by striking out the 
word " Fourth ", in the fourteenth line, and inserting in 
place thereof, the word : — Fifth. 

Section 2. This act shall take effect on the first day when to take 
of July, nineteen hundred and nine. 

Approved April IJf., 1909. 

An Act relative to the appointment of mechanics (JJia7).298 
IN batteries of field artillery of the militia. 

Be it enacted, etc., as follows: 

Section 1. There shall annually be allowed and paid ^f''P°^'hS* 
to each battery of field artillery the sum of eight hundred j^" ggi"^"^^ 
dollars for the employment of a competent mechanic who artillery of 
shall be appointed by the battery commander and ap- 
proved by the quartermaster general, and who shall be 
regularly enlisted in the battery. The said mechanic shall 
devote his time and labor exclusively to the care of the 
artillery equipment and material of the battery, except 
however that he may be required by the quartermaster 
general to perform without further compensation the du- 



244 Acts, 1909. — Chaps. 299, 300, 301. 

ties of assistant armorer in the quarters occupied by the 
battery. 

Section 2. This act shall take effect upon its passage. 
Approved April IJf., 1909. 

Chap.299 An Act to authorize the granting of a eight of way 

OVER LAND ADJOINING THE ARMORY IN THE CITY OF 
SPRINGFIELD. 

Be it enacted, etc., as follows: 

^verknd"^^^ Section 1. The govemor is hereby authorized to ex- 
armo"v"m*''^ ccutc docds Or othor noccssary instruments granting a 
Springfield. right of way over the parcel of vacant land adjoining the 
armory in the city of Springfield, extending from Howard 
street to the rear end of the armory lot, and belonging to 
the commonwealth, to the owners or occupants of the strip 
of land adjoining the same, on condition that a similar 
right of way over the said adjoining strip is granted to 
the commonwealth. 

Section 2. This act shall take effect upon its passage. 
Approved April IJ^, 1909. 

Chap.SOO An Act to provide for the participation of rifle 

TEAMS OF THE MILITIA IN RIFLE CONTESTS. 

Be it enacted, etc., as follows: 

paftidpafe in° Section 1. The commandcr-in-chief is hereby author- 
contests. J2ed to Send a rifle team composed of members of the Mas- 

sachusetts volunteer militia to take part in the annual 
competitions in rifle shooting for national and other 
trophies held in the United States. For this purpose such 
sums as may be necessary may be expended annually, 
under the direction of the adjutant general, from the ap- 
propriations for rifle practice. 

Section 2. This act shall take effect upon its passage. 
Approved April 1^, 1909. 

Chap.SOl An Act relative to the practice of dentistry. 

Be it enacted, etc., as follows: 

Sc.^'amended! Scctiou tweuty-eight of chapter seventy-six of the Ee- 
vised Laws, as amended by chapter two hundred and 



Acts, 1909. — Chap. 301. 245 

eighty-nine of the acts of the year nineteen hundred and five 
and by section two of chapter two hundred and ninety- 
four of the acts of the year nineteen hundred and eight, is 
hereby further amended by striking out the said section 
and inserting in place thereof the following : — Section 28. ^legaUy Acting 
Whoever falsely claims or pretends to have or hold a cer- ^^^ dentist, 
tificate granted by said board, or falsely and with the 
intent to deceive, claims or pretends to be a graduate 
of any incorporated dental college, or who practises dentis- 
try without obtaining a certificate as provided in section 
twenty-six of this act, or who having such certificate fails 
to exhibit the same as required by section twenty-six, shall 
be punished by a fine of not less than fifty, nor more than 
one hundred dollars or by imprisonment for three months. 
Any person who owns or carries on a dental practice or 
business, or who by himself, by his servants or agents, or 
by contract with others shall 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, or who shall describe himself 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 or newspaper, or 
otherwise indicate that he by contract with others, or 
by himself, his servants or agents, will perform any op- 
eration on or make examination of, with the intention 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 by obtaining a certificate as provided 
in section twenty-six, shall be liable to punishment as 
above provided, and whoever in practising dentistry as 
above defined owns and carries on a dental practice or busi- 
ness, and fails to exhibit his name as required by section 
twenty-six, shall for each offence be liable to punishment 
as above provided. The word " person ", in this act shall 
include a corporation ; and any corporation violating any 
provision of this act shall be liable to a fine as herein pro- 
vided, and the officers of the corporation concerned in the 
said violation shall be liable to fine and imprisonment as 
above provided. Approved April 14, 1909. 



246 



Acts, 1909. — Chaps. 302, 303, 304. 



Chap.d02 An Act to authorize the governor to appoint agents 

OF THE MASSACHUSETTS SOCIETY FOR THE PREVENTION 
OF CRUELTY TO ANIMALS AS SPECIAL POLICE OFFICERS. 

Be it enacted, etc., as follows: 

Section 1. The governor may from time to time ap- 
point agents, not exceeding five in number, of the Massa- 
chusetts Society for the Prevention of Cruelty to Animals, 
as special police officers for a term of one year, v^ho shall 
be subject to removal at any time by the governor, shall 
serve without pay, shall receive no fees, and shall have 
throughout the commonwealth the powers of constables 
and of police officers, without the power to serve civil 
process, but this act shall give the officers appointed under 
it no authority to arrest without a warrant. 

Section 2. This act shall take effect upon its passage. 
Approved April IJf., 1909. 



Agents of the 
Massachusetts 
Society for the 
Prevention of 
Cruelty to 
Animals may 
be appointed 
special police 
officers, etc. 



Chap.303 An Act to establish the salary of the clerk of the 

REFORMATORY PRISON FOR WOMEN. 

Be it enacted, etc., as follows: 

Section 1. The annual salary of the clerk of the re- 
formatory prison for women shall be one thousand dollars. 

Section 2. This act shall take effect on the first day 
of May in the current year. 

Approved April IJ/., 1909. 



Salary of clerk 
of reformatory 
prison for 
women. 
When to take 
effect. 



Chap.S04: An Act to authorize the construction of public 

LANDING PLACES IN THE CITY OF QUINCY. 

Be it enacted, etc., as follows: 

Section 1. Subject to the provisions of chapter ninety- 
six of the Revised Laws, and of acts in amendment thereof, 
the city council of the city of Quincy, with the approval 
of the mayor, is hereby authorized to construct and main- 
tain public boat landings in Quincy harbor at the east- 
erly end of Bay View avenue in that part of Quincy called 
Hough's E'eck, or at such other point or points in the said 
city as the city council and mayor may select, and to make 
regulations for the use of the said boat landings, and to 
discontinue the same or any one thereof. 



Public boat 
landings may 
be constructed 
in Quincy 
harbor, etc. 



Acts, 1909. — Chap. 305. 247 

Section 2. All provisions of law in regard to the lay- certain 

, . ^ T , . . c , 1-1 provisions of 

mg out, altering or discontinuing oi town ways wnicn law to apply, 
apply to the city of Quincy shall apply to the laying out, 
altering or discontinuance of public boat landings laid 
out under the provisions hereof. 

Section 3. This act shall take effect upon its passage. 
Approved April 15, 1909. 



Chap.d05 



etc. 



An Act to authorize the city of north adams to 
refund a part of its indebtedness. 

Be it enacted, etc., as follows: 

Section 1. The city of North Adams is hereby au- city of North 
thorized to extend, renew or refund a part of its indebted- issuebonds! 
ness incurred since the twenty-eighth day of February in 
the year eighteen hundred and ninety-nine, and for that 
purpose, by order of its city council, to issue bonds or 
notes to an amount not exceeding one hundred and fifty 
thousand dollars, signed by its treasurer and countersigned 
by its mayor. Such bonds or notes shall be made payable 
in sums not less than five thousand dollars in each year 
hereafter until and including the year nineteen hundred 
and fifteen, and in sums not less than ten thousand dol- 
lars in each year thereafter until and including the year 
nineteen hundred and twenty-seven. The said securities 
shall be issued at the following times, to wit : — not more 
than thirty thousand dollars thereof during the year nine- 
teen hundred and nine, not more than twenty-five thousand 
dollars thereof during each of the years nineteen hun- 
dred and ten and nineteen hundred and eleven, not more 
than twenty thousand dollars thereof during the year nine- 
teen hundred and twelve, not more than fifteen thousand 
dollars thereof during each of the years nineteen hundred 
and thirteen and nineteen hundred and fourteen, and not 
more than ten thousand dollars thereof during each of 
the years nineteen hundred and fifteen and nineteen hun- 
dred and sixteen. 

Section 2. The city shall not be obliged to establish To be included 
a sinking fund for the payment of any bonds or notes umit.Vtc^ 
issued under this act. All bonds and notes issued hereun- 
der shall, after they are issued, be reckoned in ascertain- 
ing the statutory limit of indebtedness of the city. 

Section 3. This act shall take effect upon its passage. 
Approved April 15, 1909. 



248 



Acts, 1909. — Chaps. 306, 307. 



Certain acts of 
the town clerk 
of Barnstable 
confirmed. 



(7Aap.306 An Act to confirm the acts of henry m. parker as 

TOWN CLERK OF THE TOWN OF BARNSTABLE. 

Be it enacted, etc., as follows: 

Section 1. The acts required by law to be performed 
by Henry M. Parker, as assistant town clerk and as town 
clerk of the town of Barnstable, from September seven- 
teen, nineteen hundred and three, to March second, nine- 
teen hundred and eight, shall be deemed to have been 
performed by him, and no act performed by him during 
the said period shall be invalid on account of any delay, 
error or informality in performing the same. 

Section 2. This act shall take effect upon its passage. 
Approved April 15, 1909. 



Chap 



The city of 
Somerville 
may construct 
a bridge, etc., 
over the tracks 
of the Boston 
and Lowell 
Railroad 
Corporation, 
etc. 



May take 
lands, etc) 



Damages. 



.307 An Act to authorize the city of somerville to con- 
struct BRIDGES OVER THE RAILROAD TRACKS AT LOWELL 
street in THAT CITY. 

Be it enacted, etc., as foUoivs: 

Section 1. The city of Somerville is hereby author- 
ized, within five years after the passage of this act, to 
construct a bridge or bridges, not exceeding forty-five 
feet in width, and approaches thereto, over all the rail- 
road tracks of the Boston and Lowell Eailroad Corpora- 
tion now leased to the Boston and Maine Railroad, in 
continuation of the public way known as Lowell street in 
said city. Before said bridges and approaches are con- 
structed the approval of the board of railroad commis- 
sioners shall be obtained. 

Section 2. For the purpose of carrying out the pro- 
visions of this act the city may take lands and rights in 
lands in the manner provided by law for the laying out 
of public ways in said city, and may take an easement in 
lands adjoining the location of said approaches, consist- 
ing of a right to have the land of the location protected 
by having the surface of such adjoining lands sloj)e from 
the boundary of said location. 

Section 3. Any person entitled by law to damages for 
the taking of or injury to property under the authority 
of this act may have the same determined by a jury in 



Acts, 1909. — Chap. 307. 249 

the superior court for the county of Middlesex, on petition 
therefor filed within one year after the taking, in the 
same manner, so far as may be practicable, as that in 
which damages are determined for the taking of land for 
highways in said city. 

Section 4. The city may, at any time within one year Assessment of 
after the completion of the work authorized by this act, ^ ^™^" ^' 
assess upon any lands the amount of betterments accru- 
ing thereto by reason of the construction of said bridges 
and approaches, and the provisions of law relating to the 
assessment of betterments in the laying out of public ways 
in said city shall, so far as the same are applicable, apply 
to such assessments. 

Sectiox 5. The Boston and Lowell Railroad Corpora- Railroad 
tion, Boston and Maine Railroad, lessee, shall, upon the pay a certain 
completion of said bridges, pay to said city the sum of ^"™' ^^''' 
fifteen thousand dollars, and said railroad corporation 
shall not otherwise be liable for any expense of construct- 
ing said bridges or for land damages in connection with 
the work herein authorized or for any future charges and 
expenses for maintaining and keeping said bridges and 
approaches in repair, nor shall said railroad corporations 
be entitled to damages under the provisions of this act 
or liable to any assessment for betterments. 

Section 6. For the purpose of paying in whole or in Lowell street 
part the cost of said bridges and approaches, and all ex- ^"'^^^ ^'''^"• 
penses incidental thereto, the city of Somerville may from 
time to time issue bonds to an amount not exceeding forty 
thousand dollars and designated on the face thereof, Low- 
ell Street Bridge Loan. Such bonds shall bear interest 
payable semi-annually at a rate not exceeding four per 
cent per annum, and shall be payable at such time or 
times, not more than forty years from their respective 
dates, as shall be determined by said city by vote of its 
city council and as shall be expressed upon the face of the 
bonds. 

Section 7. The city at the time of authorizing said j^^n™^''*"^ 
loan shall provide for the payment thereof in such annual 
proportionate payments as will extinguish the same within 
the time prescribed in this act, and when such provision 
has been made the amount required therefor shall without 
further vote annually be assessed by the assessors of the 



250 



Acts, 1909. — Chap. 308. 



city, in the same manner in which other taxes are assessed, 
until the said debt is extinguished. 

Section 8. This act shall take effect upon its passage. 
Ap'proved April 16, 1909. 



The Boston 
Firemen's 
Relief Fund 
incorporated. 



Chap.SOS An Act relative to the incorporation of the bos- 
ton firemen's relief fund. 

Be it enacted, etc., as follows: 

Section 1. The fire commissioner of the city of Bos- 
ton for the time being and his successors in office, and 
twelve members of the fire department of the city of 
Boston, to be chosen as hereinafter provided, and their 
successors, shall constitute a body corporate for the pur- 
pose of receiving and holding all sums of money, and real 
and personal estate not exceeding in the aggregate four 
hundred thousand dollars, which may be given, granted, 
bequeathed or devised to it for the benefit of members 
of the Boston fire department and members of the Boston 
protective department or their families requiring assist- 
ance, or for the benefit of any persons, or the families of 
any persons, who have been such members, and who require 
assistance. The property so held and the corporation 
hereby created shall be known as The Boston Firemen's 
Belief Fund. The said corporation shall have authority 
to manage and dispose of the said fund and the income 
thereof according to its discretion, subject to the pro- 
visions of any trusts which may be created for the pur- 
pose aforesaid. Said corporation shall have all the powers 
and privileges and be subject to all the duties, restric- 
tions and liabilities set forth in all general laws now 
or hereafter in force relating to similar corporations: 
provided, that said corporation shall not be subject to the 
laws relating to life or accident insurance companies or 
to the laws relating to fraternal beneficiary societies ; and, 
provided, further, that it shall not be summoned as trustee 
in any action or process against any person or persons 
who may hereafter be entitled to assistance from said cor- 
poration. 

Section 2, The twelve members of the fire department 
of the city of Boston mentioned in section one shall be 
chosen annually by ballot by the members of said depart- 
ment on the second Monday of September in each year. 



Powers and 
duties. 



Provisos. 



Members, 
election, etc. 



Acts, 1909. — Chap. 308. 251 

The members of the body corporate at present holding 
the Boston Firemen's Relief Fund shall make regulations 
for the conduct of the first election to be held hereunder ; 
and thereafter the corporation hereby created shall pre- 
scribe by by-law the manner of conducting the annual 
election of the said twelve mernbers. 

Section 3. The corporation shall, subject to the ap- officers, 
proval of the fire commissioner of the city of Boston, 
adopt b^^-laws for the management of its property and for 
carrying out its purposes; and it shall annually, within 
sixty days after the election of the twelve members above 
provided for, choose such officers as may be required by 
its by-laws. The corporation shall annually file a report J°/u^p,°^* 
with the city clerk of the city of Boston and with the 
commissioner of corporations showing in detail its assets 
and liabilities, its receipts of money or other property, 
the source of such receipts, and a statement of all sums 
paid out for relief or for expenses, with the names of the 
persons receiving the same. 

Section 4. The corporation created by this act shall pollers and 
be the successor of and shall have the same rights, powers P^Jy''^^^^- 
and privileges and be subject to the same duties, obliga- 
tions and liabilities as the corporation created by section 
four of chapter one hundred and seven of the acts of the 
year eighteen hundred and eighty, except in so far as the 
same are changed by this act ; and the property held by 
said corporation and known as the Boston Firemen's Re- 
lief Fund shall become the property of and be held by 
the corporation hereby created. 

Section 5. Section four of chapter one hundred and Repeal, 
seven of the acts of the year eighteen hundred and eighty, 
chapter twenty-two of the acts of the year eighteen hun- 
dred and eighty-one, and chapter one hundred and seventy 
of the acts of the year nineteen hundred and six are hereby 
repealed. 

Section 6. For the purposes of the first election pro- when to take 
vided for in section two hereof, this act shall take effect ®^^'"'- 
upon its passage; and it shall take full effect upon the 
election of the twelve members to be elected at the said 
first election. Approved April 16, 1909. 



252 Acts, 1909. — Chaps. 309, 310. 



Chcqy.SOQ An Act to encourage the propagation of pheasants. 

Be it enaeted, etc., as folloius: 

""phlafants" Section 1. It sball be unlawful to hunt, pursue, take 
regulated. or kill. Sell 01' offer for sale or to have in possession, a 

pheasant of any kind or the flesh of any pheasant except 

as hereinafter provided. 
Pej-mis^sion Section 2. Upou application to the commissioners on 

granted to rear fisheries and game, written permission may be granted to 

pheasants, etc. <^ ' . '^ . t> ■, , i , 

any person to engage m the rearing oi pheasants and to 
dispose of the same, under such rules and regulations, 
approved by the governor and council, as may be made 
from time to time by the commissioners ; and such artifi- 
cially propagated pheasants may be bought or sold or had 
in possession at any season of the year, and any person 
receiving such permission may hunt, pursue, take or kill 
such pheasants upon the land owned or leased by him. 

Penalty. Section 3. Whoever violates any provision of this act, 

or any rule or regulation made as aforesaid, shall be 
punished by a fine not exceeding fifty dollars for each 
bird or part thereof in respect to which the violation 
occurs. 

Repeal. Section 4. Chapter four hundred and seventy-seven 

of the acts of the year nineteen hundred and eight, except 
section four of said chapter, is hereby repealed. 

Approved April 16, 1909. 

Chap.310 An Act rei.ative to standard weights and measures. 
Be it enacted, etc., as follows: 

Repeal. Section 1. So much of chapter sixty-two of the Re- 

vised Laws and of all acts in addition thereto or in amend- 
ment thereof as provides that counties shall be furnished 
with standard weights and measures by the common- 
wealth, and that county treasurers shall have the care and 
custody of the same and shall act as sealers of weights and 
measures is hereby repealed. 

Weights, Section 2. All sets of standard weights, measures 

may be sold, ' and balances furnished by the commonwealth, and now 
in the custody of county treasurers, may be sold by the 
commissioner of weights and measures of the common- 
wealth, and the proceeds of such sale, after deducting the 



Acts, 1909. — Chaps. 311, 312. 253 

necessary expenses in connection therewith, shall be paid 
into the treasury of the commonwealth. 

Section 3. This act shall take effect upon its passage. 
Approved April 16, 1909. 

Aisr Act to pkovide for the appointment of deputy (7Aax).311 

SUPERINTENDENTS OF THE POLICE DEPARTMENT OF THE 
CITY OF BOSTON. 

Be it enacted, etc., as folloius: 

Section thirteen of chapter two hundred and ninety-one i906. 291. 
of the acts of the year nineteen hundred and six is hereby ' *™^° * 
amended by adding at the end thereof the words : — 
Deputy superintendents may be appointed from the police 
force from time to time by said police commissioner and 
they shall not be affected as to their selection or appoint- 
ment by chapter nineteen of the Revised Laws or by acts 
in amendment thereof or by any rules established pursuant 
thereto, — so as to read as follows : — Section 13. Except Number of 
as authorized by the mayor of said city said commissioner limited. 
shall not appoint any greater number of patrolmen than 
the present board of police of the said city is now author- 
ized to appoint, nor shall the pay of the members of the 
police force other than said police commissioner and su- 
perintendent of police be increased or diminished, except 
by the concurrent action of said mayor and said police 
commissioner. The police commissioner may, without Salary of 
such concurrent action, fix the salary of the superintendent tendent. 
of police, which shall not exceed five thousand dollars per 
amium. Deputy superintendents may be appointed from Deputy super- 
the police force from time to time by said police commis- Ippointment, 
sioner and they shall not be affected as to their selection ^^''• 
or appointment by chapter nineteen of the Revised Laws 
or by acts in amendment thereof or by any rules estab- 
lished pursuant thereto. Approved April 17, 1909. 

An Act relative to the removal of prisoners to fjTiajy 322 

AND FROM JAILS AND HOUSES OF CORRECTION. 

Be it enacted, etc., as follows: 

The sheriff of any county except Suffolk may remove Removal of 
prisoners from a jail to a house of correction or from a pr'^""^""^- 
house of correction to a jail in his own county. 

Approved April 17, 1909. 



254 



Acts, 1909. — Chap. 313. 



1907, 550, 
§ 111, etc., 



Chap.313 An Act e^lative to theatkes in the city of boston. 
Be it enacted, etc., as follows: 

Section 1. Section one hundred and eleven of chapter 
five hundred and fifty of the acts of the year nineteen 
hundred and seven, as amended by chapter three hundred 
and thirty-six of the acts of the year nineteen hundred and 
eight, is hereby further amended by striking out the words 
" and landings ", in the first line of said section, by strik- 
ing out the second sentence in the third paragraph of said 
section and inserting in place thereof the words : — An 
emergency arc light or its equivalent shall be installed in 
the auditorium, which light or lights, exit lights, and all 
lights in halls, corridors, or any other part of the building 
used by the audience except the general auditorium light- 
ing, shall be fed independently of the stage lighting and 
shall be controlled only from the lobby or other convenient 
place in the front of the house, — by inserting after the 
word " desk ", in the eighth line of the seventh paragraph, 
the words : — or any other place easily reached from the 
stage level, — and by striking out the second sentence in 
the eighth paragraph and inserting in place thereof the 
words : — The said pipes shall in no case be sealed and 
shall have a gate and check valve and shall have a test 
valve placed between the gate valve and check valve, — so 
as to read as follows : — Section 111. All stairs of theatres 
, shall have throughout proper hand-rails on both sides firmly 
secured to walls or to strong posts and balusters. Stair- 
ways twelve feet or more wide shall have one or more 
intermediate rails not more than eight feet apart and 
properly supported. 

liio boiler, furnace, engine or heating apparatus, except 
steam, hot water or hot air pipes or radiators, shall be 
located under the auditorium nor under any passage or 
stairway or exit of any theatre. 

In every theatre there shall be over every exit, on the 
inside, and over every opening to a fire-escape, on the 
inside, an illuminated sign, bearing the word " exit " or 
'' fire-escape ", respectively, in letters not less than four 
inches high. An emergency arc light or its equivalent 
shall be installed in the auditorium, which light or lights, 
exit lights, and all lights in halls, corridors, or any other 



Stairways. 



Location of 
heating 
apparatus 
regulated. 



Exits and 
fire-escapes to 



be pla 
marked. 



Acts, 1909. — Chap. 313. 255 

part of the building used by the audience except the 
general auditorium lighting, shall be fed independently 
of the stage lighting and shall be controlled only from the 
lobby or other convenient place in the front of the house. 
Every exit sign shall be kept illuminated and every out- 
side balcony and fire-escape shall be kept well lighted 
during the performance, except outside exits during a 
performance in the daytime and before sunset. 

The exits and openings to fire-escapes of all theatres Exits, etc., to 
shall open outward and have fastenings on the inside only. opIn^oufwLd, 
They shall be unfastened during every performance and ®*''' 
shall be so arranged that they can easily be opened from 
within. Plans showing the exits and stairways shall be 
legibly printed so as to occupy a full page of every pro- 
gramme or playbill. 

No temporary seats or other obstructions shall be al- JelTJ!"'e?c7not 
lowed in any aisle, or stairway of a theatre, and no person \^ afsiS? e^tl 
shall remain in any aisle or stairway of any such building 
during any performance. 

The proscenium or curtain opening of every theatre Curtain 
shall have a fire-resisting curtain of incombustible ma- 
terial, reinforced by wire netting, or otherwise strength- 
ened. If of iron, or similar heavy material, and made to 
lower from the top, it shall be so arranged as to be 
stopped securely at a height of seven feet above the stage 
floor, the remaining opening being closed by a curtain or 
valance of fire-resisting fabric. The curtain shall be 
raised at the beginning and lowered at the end of every 
performance, and shall be of proper material, construction 
and mechanism. 

There shall be one or more ventilators near the centre. Ventilators, 
and above the highest part of the stage of every theatre, 
of a combined area of opening satisfactory to the build- 
ing commissioner, and not less than one tenth of the area 
of the proscenium opening. Etery such ventilator shall 
have a valve or louvre so counterbalanced as to open auto- 
matically, and shall be kept closed, when not in use, by 
a fusible link and cord reaching to the prompter's desk 
or any other place easily reached from the stage level and 
readily operated therefrom. Such cord shall be of com- 
bustible material, and so arranged that if it is severed 
the ventilator will open automatically. 



256 Acts, 1909. — Chap. 314. 

fJctionTetc. There shall be at least two two-inch high-service stand- 

pipes on the stage of every theatre, with ample provision 
of hose nozzles at each level of the stage on each side, and 
the water shall be kept turned on during the occupation 
of the building by an audience. The said pipes shall in 
no case be sealed and shall have a gate and check valve 
and shall have a test valve placed between the gate valve 
and check valve. The proscenium opening of every 
theatre shall be provided with a two and one half inch per- 
forated iron pipe or equivalent equipment of automatic 
or open sprinklers, as the commissioner may direct, so 
constructed as to form when in operation a complete 
water curtain for the whole proscenium opening, and 
there shall be for the rest of the stage a complete system 
of fire apparatus and perforated iron pipes, automatic or 
open sprinklers. Such pipes or sprinklers shall be sup- 
plied with water by high pressure service, and shall be 
ready for use at all times. 

Section 2. This act shall take effect upon its passage. 
Approved April 22, 1909. 

Chap.314: An Act to authorize the town of reading to con- 
struct A SYSTEM OF SEWERAGE. 

Be it enacted, etc., as follows: 
The town of Section 1. The towu of Reading is hereby authorized 

Reading may . . P ^ 

construct a to lay out, coustruct, maintain and operate a system or 

system of ^ j- • i • i j? x 

sewerage. systcius 01 main draiiis and common sewers lor a part or 

the whole of its territory, with such connections and other 
works as may be required for a system of sewage disposal ; 
and, for the purpose of providing better surface or other 
drainage, guarding against pollution of waters, and other- 
wise protecting the public health, may lay, make and 
maintain such main drains as it deems best. For the 
purposes aforesaid the town may, within its limits, deepen, 
widen and clear of obstruction any brook, stream or water 
course, and may straighten or alter the channels or divert 
the waters thereof, and may lay, make and maintain sub- 
drains, and, with the approval of the state board of health, 
discharge the water into any brook, stream or water course 
within the town. 

Board of Section 2, The town shall elect a board to consist of 

sewer com- . . i n i • • 

missionera. three commissioucrs, to be called sewer commissioners, 



Acts, 1909. — Chap. 314. 257 

who shall be citizens and residents of the town and shall tirmL?"etc. 

be elected by ballot at a special meeting or at an annual 

meeting of the town, one commissioner to hold office for 

one year, one for two years and one for three years, 

respectively, from the date of the annual town meeting at 

which he is elected, or which follows the special meeting 

at which he is elected, and until his successor is elected 

and qualified ; and at each annual town meeting thereafter 

the town shall elect one member of the board to serve for 

three years or until his successor is elected and qualified. 

If a vacancy occurs in the board the town may at a meet- Vacancy. 

ing called for the purpose elect a person duly qualified to 

fill the vacancy. Said commissioners shall be known as 

Board of Sewer Commissioners. 

Section 3. Said board of commissioners, acting in May acquire 
behalf of the town, shall have power to acquire, by pur- l-tght^s.lfc.^' 
chase or otherwise, any lands in fee and any water rights, 
rights of way and easements in said town, public or pri- 
vate, necessary for any of the purposes mentioned in this 
act, and may construct within the town such main drains 
and sewers under or over any water course, bridge, aque- 
duct, conduit, railroad, railway or way, or within the 
location of any railroad or railway, and may enter upon 
and dig up any private land, street or way, or railroad 
or railway location, for the purpose of laying such main 
drains and sewers, and of maintaining and repairing the 
same, and may do any other thing necessary or proper 
for the purposes of this act: provided, however, that said Proviso, 
board shall not take in fee any land of a railroad corpora- 
tion, and that it shall not enter upon or construct any 
drains or sewers within the location of any railroad cor- 
poration, except at such time and in such manner as it 
may agree upon with such corporation, or, in case of 
failure to agree, as may be approved by the board of rail- 
road commissioners. 

" Section 4. Said board, in order to take any lands in Description of 
fee, water rights, rights of way or easements otherwise recorded.'''' 
than by purchase or agreement, shall cause to be recorded 
in the registry of deeds for the southern district of the 
county of Middlesex a statement signed by a majority of 
the board, containing a description thereof as certain as 
is required in a conveyance of land, and specifying that 
the same are taken under authority of this act; and upon 



258 



Acts, 1909. — Chap. 314. 



Town may 
offer a speci- 
fied sum as 



Reading 
Sewerage 
Loan, Act of 
1909. 



such recording the title in the lands, water rights, rights 
of way or easements described in such statement shall vest 
in the town of Reading, which shall pay all damages there- 
for and all other damages sustained by any person or cor- 
poration through any action of said board under this act. 
Said board at the time of such taking shall notify the 
owners thereof in writing, and may agree with any person 
or corporation injured hereunder upon the damages sus- 
tained by such person or corporation ; and if the damages 
are not agreed upon, a jury in the superior court for said 
county may be had to determine the same, upon petition 
of either party, in the manner provided by law for deter- 
mining the damages for land taken for the laying out of 
highways; but in the case of a taking no suit or petition 
shall be brought after the expiration of two years from the 
date of the recording of the taking as herein provided; 
and in all other cases no suit or petition shall be brought 
after the expiration of two years from the time when the 
cause of action accrues. 

Section 5. In every case of a petition for the assess- 
ment of damages or for a jury, the to-^m may, at any time, 
file in the office of the clerk of the court an offer in %vi'it- 
ing to pay the petitioner a sum therein specified as dam- 
ages ; and if the petitioner does not accept the same within 
thirty days after notice of such offer, and does not finally 
recover a sum greater than that offered, not including 
interest from the date of the offer on the sum so recovered, 
the town shall recover costs from the date of such notice, 
and the petitioner shall be entitled to costs only to such 
date. 

Section" 6. The town of Reading, for the purpose of 
paying the necessary expenses and liabilities incurred 
under this act, may incur indebtedness to an amount not 
exceeding two hundred thousand dollars, and may issue 
from time to time therefor bonds or notes ; and the debt 
and loan authorized by this act and the bonds or notes 
issued therefor shall not be reckoned in determining the 
statutory limit of indebtedness of the town. Such bonds 
or notes shall bear on their face the words, Reading SeAver- 
age Loan, Act of 1909, shall be payable within periods 
not exceeding thirty years from the dates of issue, and 
shall bear interest payable semi-annually at a rate not 
exceeding four per cent per annum. They shall be signed 



Acts, 1909. — Chap. 314. 259 

by the treasurer of the town and countersigned by a 
majority of the selectmen. The town may from time to 
time sell such securities, or any part thereof, at public or 
private sale, provided they shall not be sold for less than 
the par value thereof. The proceeds shall be retained in 
the treasury and the treasurer shall, upon the order of 
said board of commissioners, pay therefrom the expenses 
incurred for the purposes aforesaid. 

Section 7. The town shall, at the time of authorizing Payment of 
the said loan, provide for the payment thereof in such 
annual payments, after five years from the date of said 
loan, as will extinguish the same within the time pre- 
scribed by this act ; and when a vote to that effect has been 
passed the amount required thereby, less the amount that 
may be appropriated therefor, as provided in the following 
section, shall without further vote be assessed by the as- 
sessors of the town in each year thereafter, in the same 
manner in which other taxes are assessed, until the debt 
is extinguished. 

Section 8. The receipts from sewer assessments and J^penles* etc. 
from payments made in lieu thereof, rentals and the pre- 
miums, if any, received from the sale of bonds or notes 
issued under authority of this act, shall be applied by the 
board of sewer commissioners to the payment of charges 
and expenses incident to the maintenance and operation 
of said system of sewerage, or to the extension thereof, 
except that the town may apply any part of such receipts 
to the payment of the interest upon bonds or notes issued 
under authority of this act and not otherwise provided for, 
or to the payment or redemption of such bonds or notes, 
as the town shall by vote determine, and the said receipts 
shall be used for no other purpose. If such receipts shall 
not in any year be sufficient for the purposes aforesaid 
the town shall raise forthwith by taxation, in the same 
manner in which money is raised and appropriated for 
other town purposes, the balance required therefor. 

Section 9. Thirty per cent of the estimated cost of fS^^'enl 
the whole system shall be paid by the owners of the 
abutting estates in the following manner : — The board 
of sewer commissioners shall determine the value of the 
special benefit to each of the said estates, respectively, 
from the said system of sewers, taking into account all 
the circumstances of the case, and the proportionate part 



260 



Acts, 1909. — Chap. 314. 



Clerk and 
superintend- 
ent, appoint- 
ment, etc. 



to be paid by the o\vners of the said estates, respectively, 
shall be based upon the amount of the special benefit to 
each estate determined as aforesaid. In addition to the 
above assessment there shall be an annual rental for the 
use of the sewers as follows : — Every owner of an estate, 
who enters his particular sewer into a common sewer, shall 
pay for the use of such sewer an annual rental determined 
upon the basis of water service as follows : — For un- 
metered service, six dollars; for metered water service, 
thirty cents per one hundred cubic feet of sewage delivered 
to the sewer, the quantity so delivered to be determined 
by the meter readings taken by the water commissioners : 
provided, however, that any such owner may place at his 
own expense a water meter which shall be approved by 
the commissioners to measure the amount of water which 
does not enter the sewer; but the annual charge shall in 
no case be less than six dollars. Such charge shall be 
collected semi-annually and shall constitute a lien upon the 
real estate using the sewer, to be collected in the same 
manner as taxes upon real estate, or in an action of con- 
tract in the name of the town of Reading. 

Section 10. If the owner of an estate, within thirty 
days after notice of a sewer assessment thereon, gives the 
board of sewer commissioners written notice to apportion 
the same, they shall apportion it into such number of equal 
parts, not exceeding ten, as the owner shall in said notice 
request. The first year the assessors 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 one 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 11. Said board of commissioners shall an- 
nually appoint a clerk, and may appoint a superintendent 
of sewers, and may remove said clerk or superintendent at 
its pleasure. The compensation of the commissioners shall 
be fixed by the town. 

Section 12. All contracts made by said board of 
commissioners shall be made in the name of the to\vn and 
shall be signed by the board ; but no contract shall be 
made or obligation incurred by the commissioners for any 



Acts, 1909. — Chap. 315. 261 

purpose in excess of the amount of money appropriated 
by the town therefor. 

Section 13. Said commissioners may from time to Rules and 
time prescribe rules and regulations for the connecting of ^^^^ 
estates and buildings with main drains and sewers, and 
for the inspection of the materials, the construction, altera- 
tion and use of all connections and drains entering into 
such main drains or sewers, and may impose penalties 
not exceeding twenty dollars for every violation of any 
such rule or regulation. Such rules or regulations shall 
be published not less than once a week for three successive 
weeks in some newspaper published in the town of Read- 
ing, if there be any, and if not, then in some newspaper 
published in the county of Middlesex, and shall not take 
eifect until such publication has been made. 

SECTioisr 14. ISTo act shall be done under authority of Plans to be 

1 T • •! 1 1 c ' ^ c approved by 

the preceding sections until the plans for said system oi state board of 

sewerage have been approved by the state board of health. 

Upon application to said board for such approval the board 

shall give a hearing, after due notice to the public. At 

such hearing, plans showing in detail all the work to be 

done in constructing said system of sewerage, shall be 

submitted for the approval of the state board of health. 

Section 15. This act shall take effect upon its passage, when to take 
but no expenditure shall be made and no liability incurred ®^^'^*' 
hereunder until this act has been accepted by a majority 
of the voters of said town voting thereon at a legal meeting 
called for the purpose. Approved April 22, 1909. 

An Act to revoke the authority of the citt of QJku) 3^5 
boston to issue certain loans outside of the debt 

LIMIT. 

Be it enacted, etc., as folloius: 

Section 1. All authority heretofore granted under Authority to 
any special act to the city of Boston to borrow money or revokldret"^^ 
contract loans outside the debt limit except for transit pur- 
poses under the transit acts, so-called, except so far as the 
issuance of such loans may be necessary to pay amounts 
due on contracts made prior to June first, nineteen hun- 
dred and nine, or to pay executions of court on suits 
brought under the acts authorizing said loans prior to 



262 



Acts, 1909. — Chap. 316. 



When to take 
effect. 



June first, nineteen hundred and nine, is hereby rescinded 
and the parts of said acts authorizing the continued issue 
of loans are hereby repealed. 

Section 2. This act shall take effect on the first day 
of July, nineteen hundred and nine. 

Approved April 22, 1909. 



1908, 529, § 5, 
amended. 



Chap.SlQ Aiv Act relative to the pukchase, sale and consoli- 
dation OF GAS AND ELECTRIC LIGHT COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter five hundred and 
twenty-nine of the acts of the year nineteen hundred and 
eight is hereby amended by adding at the end thereof 
the words : — and may, with the approval of the board 
and subject to the provisions of sections three and four 
hereof, so far as the same may be applicable, sell its loca- 
tions and the property used in its business of generating 
and furnishing electricity for light and power to an 
electric light company whose lines are in the same or in 
a contiguous municipality, — so as to read as follows : — 
Section 5. Iso electric light company shall purchase the 
franchise or property of, or consolidate with, a gas com- 
pany; and no gas company shall purchase the franchise 
or property of, or consolidate with, an electric light com- 
pany: provided, that a gas company authorized to engage 
in the business of generating and furnishing electricity 
for light and power under the provisions of section four- 
teen of chapter one hundred and twenty-one of the Revised 
Laws may, with the approval of the board, exercise the 
authority conferred by section twenty-two of said chapter, 
and may, with the approval of the board and subject to 
the provisions of sections three and four hereof, so far as 
the same may be applicable, sell its locations and the 
property used in its business of generating and furnishing 
electricity for light and power to an electric light com- 
pany whose lines are in the same or in a contiguous munic- 
ipality. 

Section 2. All applications for the approval by the 
board of purchases and sales or consolidations under the 
provisions of chapter five hundred and twenty-nine of 
the acts of the year nineteen hundred and eight, or of the 
preceding section, shall be filed wdth the board within 



Electric 
light com- 
panies not to 
consolidate 
with gas 
companies, 
etc. 

Proviso. 



Time for filing 
applications 
for purchases, 
consolida- 
tions, etc. 



Acts, 1909. — Chaps. 317, 318, 319. 263 

four months after the passage by the contracting com- 
panies of votes authorizing such purchase and sale or con- 
solidation. 

Section 3. This act shall take effect upon its passage. 
Approved April 22, 1909. 

An Act relative to the validity of assignments of (JJiap.317 

WAGES. 

Be it enacted, etc., as follows: 

Section six of chapter six hundred and five of the acts i908 eos. § 6. 
of the year nineteen hundred and eight is hereby amended 
by inserting before the word " provisions ", in the last line, 
the word : — foregoing, — so as to read as follows : — 
Section 6, I^Tational banks, all banking institutions which Exemptions. 
are under the supervision of the bank commissioner, and 
loan companies and loan associations established by special 
charter and placed under said supervision, shall be ex- 
empt from the foregoing provisions of this act. 

Approved April 22, 1909. 

An Act relative to the receipts of the board of Char).^\^ 

GAS AND electric LIGHT COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. All fees received by the board of gas and gfJ|iSinfo*° 
electric light commissioners shall be paid into the treas- the treasury, 
ury of the commonwealth monthly, upon the last business 
day of each month. 

Section 2. So much of section five of chapter two Repeal, 
hundred and twenty-eight of the acts of the year nineteen 
hundred and two as is inconsistent herewith is hereby 
repealed. 

Section 3. This act shall take effect upon its passage. 
Approved April 26, 1909. 

An Act to provide for the supervision of water Chap.dl9 
companies by the state board of health. 

Be it enacted, etc., as follows: 

Section 1. Upon complaint in writing relative to the Supervision of 
service furnished in any city or tovm, or the charges panfe's^'eti. 
therefor, made by any company engaged in the business 



261 Acts, 1909. — Chap. 320. 



la^er'^om-"^ of Supplying Water to such city or town or to the inhab- 
pames, etc. itauts thereof, signed by the mayor of the city or the 
selectmen of the town, or by fifty customers of the com- 
pany, and filed in the office of the state board of health, 
said board shall notify the company by leaving at its office 
or place of business in such city or town a copy of the 
complaint, and may thereupon, after notice, give a public 
hearing to the complainant or complainants and to the 
company, and shall require the company to furnish such 
information in its possession as may be necessary to de- 
termine the matters involved in the complaint, and after 
the hearing may make such recommendations concerning 
the reduction, modification or continuation of such charges 
for service, or concerning improvements in the quality of 
the service or extensions of the same, or concerning other 
matters in the premises, as the board shall deem just and 
proper. Any such recommendations shall be transmitted 
in writing by the board to the company complained of, 
and a report of the proceedings and of the result thereof 
shall be included in the annual report of the board, to- 
gether with a statement of the action, if any, taken by 
the company upon the recommendation. 

Section 2. This act shall take effect upon its passage. 
Approved April 26, 1909. 

Chap.320 An Act to authokize the meteopolitan water and 

SEWERAGE BOARD TO MAKE CERTAIN IMPROVEMENTS 
IN THE METROPOLITAN WATER SYSTEM. 

Be it enacted, etc., as follows: 

tiona'.°^"*" Section 1. The sum of nine hundred and thirty-nine 

thousand five hundred dollars is hereby appropriated, 

to be paid out of the treasury of the commonwealth from 

the Metropolitan Water Loan Fund for the following pur- 

Weston poses : — For a sixty inch main from the terminus of the 

aque uc . \Veston aqueduct to connect with the present mains near 

Chestnut Hill Chestuut Hill reservoir ; for additional pumping machin- 

pumping ' . 

station. ery for the high service at the Chestnut Hill pumping 

Wachusett station ; for the construction of sewers and cesspools and 

for other improvements necessary for the watershed of the 
wi^tlrop. etc. Wachusett reservoir ; for a new main for the water supply 

of the town of Winthrop ; and for small extensions of the 

distribution system. 



Acts, 1909. — Chap. 321. 265 

Section 2. For the purposes aforesaid the metropoli- Metropolitan 
tan water and sewerage board may, in addition to provid- Ac't^of 1909.' 
ing for the improvements for which expenditures are 
authorized by chapter five hundred and fifty-eight of the 
acts of the year nineteen hundred and eight, expend any 
sum heretofore appropriated for the construction of the 
metropolitan water works. To meet the further expendi- 
tures incurred under the provisions of this act, and not so 
provided for, the treasurer and receiver general shall, 
from time to time, issue upon the request of said board, 
bonds in the name and behalf of the commonwealth, to be 
designated on the face thereof, Metropolitan Water Loan, 
Act of 1909, to an amount not exceeding nine hundred 
thousand dollars, in addition to the sum of forty million 
eight hundred and ninety-eight thousand dollars author- 
ized to be issued under the provisions of chapter four 
hundred and eighty-eight of the acts of the year eighteen 
hundred and ninety-five, chapter four hundred and fifty- 
three of the acts of the year nineteen hundred and one, 
chapter three hundred and sixty-seven of the acts of the 
year nineteen hundred and six and chapter five hundred 
and fifty-eight of the acts of the year nineteen hundred 
and eight, and the provisions of said chapter four hun- 
dred and eighty-eight of the acts of the year eighteen 
hundred and ninety-five and of acts in amendment thereof 
and in addition thereto shall apply to this additional loan. 

Section 3. All sums which shall be received from the Disposition of 
town of Swampscott for the admission of said town into from^the*'^'^^'^ 
the metropolitan water district shall be paid into the swampscott. 
Metropolitan Water Loan Fund, and may be applied by 
the metropolitan water and sewerage board to the con- 
struction of works made necessary by the admission of 
said town into the metropolitan water district. 

Section 4. This act shall take effect upon its passage. 
Approved April 26, 1909. 

An Act to provide for reimbursing the city of (JJiap.321 

BROCKTON FOR LAND ON WHICH THE STATE ARMORY 
IS LOCATED. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of paying to the city of ^'ro^^kfon to be 
Brockton for the land taken under the provisions of chap- reimbursed for 

'■ ■*■ certam land. 



266 Acts, 1909. — Chaps. 322, 323. 

ter five hundred and twenty-six of the acts of the year 
nineteen hundred and seven, on which is situated the state 
armory, there shall be paid out of the Armory Loan Fund 
the sum of six thousand dollars, with the approval of the 
armory commissioners. 
Treasurer and SECTION 2. For the purjwse aforesaid the treasurer 
general may and receiver general shall, with the approval of the gov- 
etc. ' ernor and council, issue registered or coupon bonds, in the 

name and behalf of the commonwealth and under its seal, 
for a term not exceeding thirty years, with interest not 
exceeding four per cent per annum, payable semi-annually 
on the first days of March and September, which bonds 
shall be a j)art of the armory loan bonds authorized by 
section one hundred and fourteen of chapter four hun- 
dred and sixty-five of the acts of the year nineteen hundred 
and five and acts in amendment thereof and in addition 
thereto. 

Section 3. This act shall take effect upon its passage. 
Approved April 26, 1909. 

Ghap.di^^ An Act relative to the liability for damages aris- 
ing FROM DEFECTS IN BASS RIVER LOWER BRIDGE 
between THE TOWNS OF DENNIS AND YARMOUTH. 

Be it enacted, etc., as follows: 

d^^ges/etc. Section 1. Damages arising from defects in Bass 
river lower bridge between the towns of Dennis and Yar- 
mouth shall hereafter be paid as follows : — fifty per cent 
by the county of Barnstable, and twenty-five per cent each 
by the said towns. 

Repeal. Section 2. So much of chapter two hundred and 

twenty-seven of the acts of the year nineteen hundred and 
seven as is inconsistent herewith is hereby repealed. 

Section 3. This act shall take effect upon its passage. 
Approved April 26, 1909. 

Chap.3'23 An Act to provide for repairs and improvements 

AT STATE ARMORIES. 

Be it enacted, etc., as follows: 
1908.604, Section 1. Section one hundred and thirty-three of 

amended. chapter six hundred and four of the acts of the year 

nineteen hundred and eight is hereby amended by striking 



Acts, 1909. — Chap. 323. 267 



out the words " or injured otherwise than by ordinary- 
usage ", in the third and fourth lines, and inserting in 
place thereof the words : — and may reconstruct, remodel, 
enlarge or otherwise improve existing state armories, if 
in their judgment the needs of the service demand it, 
subject to the approval of the commander in chief, — and 
by inserting after the word " erected ", in the sixteenth 
line, the words : — reconstructed, remodeled or enlarged, 
— so as to read as ioWows: — Section 133. The armory Armories 
commissioners shall rebuild, remodel or repair armories d'eJtroye°d to 
of the first class which have been injured or destroyed by efc!^^*°'^^'^' 
fire, and may reconstruct, remodel, enlarge or otherwise 
improve existing state armories, if in their judgment the 
needs of the service demand it, subject to the approval of 
the commander-in-chief, and, in addition, shall construct 
armories, not exceeding three yearly, until the volunteer 
militia shall be provided with adequate quarters. The 
location of the armories so to be constructed shall be 
designated by the adjutant general and approved by the 
commander-in-chief. The armory commissioners shall 
thereupon acquire by purchase or otherwise suitable lots 
of land in the respective cities and towns designated, and 
shall erect, furnish and equip thereon armories sufficient 
for one or more companies of militia, and for such other 
commands or headquarters thereof permanently stationed 
in any such city or town as they may deem necessary ; but 
no land shall be acquired and no building shall be erected, 
reconstructed, remodeled or enlarged until the site and 
plans thereof, respectively, and the total cost to be author- 
ized therefor, have been approved by the governor and 
council. The said commissioners shall cause to be re- 
corded in the registry of deeds for the county and district 
in which the land lies, a description of the land so taken, 
as certain as is required in an ordinary conveyance of 
land, with a statement signed by the commissioners that 
it is taken for the commonwealth; and thereupon title to 
the land so taken shall vest in the commonwealth. The 
act and time of filing the said description shall be the act 
and time of taking such land, and notice to all persons 
that the same has so been taken. 

The armory commissioners may, by agreement with the Value of land 
owner of the land taken, determine the value thereof, and, detenniifed by 
in default of such agreement, either party may have a * ^''''^' ^*''' 



268 Acts, 1909. — Chaps. 324, 325. 

jury in the superior court to determine such value in the 
manner provided for the determination of damages for 
land taken for laying out highways, if the petition therefor 
is filed in the clerk's office of the superior court for the 
county in which the land lies within one year after the 
taking. The amount determined by agreement of said 
commissioners or by verdict as the value of any property 
so purchased or taken shall be paid from the treasury of 
the commonwealth upon the execution of such release or 
conveyance as shall be prescribed by the attorney-general. 
Section 2. This act shall take effect upon its passage. 
Approved April 26, 1909. 

Cha2).324: An Act to authorize the dracut water supply dis- 
trict TO MAKE AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 
Dmcut Water Section 1. The Dracut Water Supply District, for the 
Act* 0^1909^°' P^^rposes mentioned in chapter four hundred and thirty- 
three of the acts of the year nineteen hundred and five, 
may issue bonds, notes or scrip, signed by the treasurer 
of the water supply district and countersigned by the chair- 
man of the water commissioners, to be denominated on 
the face thereof, Dracut Water Supply District Loan, Act 
of 1909, to an amount not exceeding five thousand dollars, 
in addition to the amounts heretofore authorized to be 
issued by said district for the same purposes. Such 
bonds, notes or scrip shall be issued upon the terms and 
conditions, and with the powers on the part of said dis- 
trict, which are specified in said chapter four hundred and 
thirty-three. 

Section 2. This act shall take effect upon its passage. 
Approved April 26, 1909. 

Chap.325 An Act relative to the fees for the registration 

OF HUNTERS. 

Be it enacted, etc., as follows: 
1908. 484, § 3, Section 1. Section three of chapter four hundred and 
eighty-four of the acts of the year nineteen hundred and 
eight is hereby amended by inserting after the word 
" dollar ", in the third line, the words : — of which sum 
fifteen cents shall be returned by the state treasurer to 



Acts, 1909. — Chap. 326. 269 

the clerk of the city or town in which the certificate is 
recorded, if the annual salary of such clerk does not ex- 
ceed five hundred dollars, but if his salary exceeds five 
hundred dollars no part of said fee shall be returned to 
him, — so as to read as follows: — Section 3. Every cit- Feeforregia- 
izen of the United States who is a bona fide resident of hunters" 
this state shall pay for such certificate a fee of one dollar, 
of which sum fifteen cents shall be returned by the state 
treasurer to the clerk of the city or tovni in which the cer- 
tificate is recorded, if the annual salary of such clerk 
does not exceed five hundred dollars, but if his salary ex- 
ceeds five hundred dollars no part of said fee shall be 
returned to him : provided, liowevei', that this act shall not Proviso, 
apply to any such citizen who is a bona fide resident on 
land owned or leased by him and on which he is actually 
domiciled, which land is used exclusively for agricultural 
purposes, and not for club or shooting' purposes. 

Section 2. This act shall take effect upon its passage. 
Approved April 27 , 1909. 



Chap.S2(5 



Ax Act relative to the appointment of auditors of 

BUSINESS CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 1. Section forty-seven of chapter four hun- 1903, 437. 
dred and thirty-seven of the acts of the year nineteen hun- imendedV 
dred and three, as amended by section one of chapter three 
hundred of the acts of the year nineteen hundred and 
eight, is hereby further amended by striking out the words 
" and evidence of such appointment and qualification 
shall be filed in the ofiice of the commissioner of corpora- 
tions ", at the end of the section, and inserting in place 
1 hereof the words : — and the officers of the corporation 
who sign the said report of condition shall certify thereon 
that the auditor was duly elected and qualified, as herein 
provided, — so as to read as follows : — Section Jj?. Such Auditor's 
report of a corporation which has a capital stock of one acwmpany 
hundred thousand dollars or more shall be accompanied tam* corpora'^-' 
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 



270 



Acts, 1909. — Chap. 327. 



and willing to serve on such committee, then to be em- 
ployed by the directors, stating that such report repre- 
sents 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 cor- 
poration who shall sign and execute the statement shall 
be appointed as auditor within the meaning of this act. 
The statement of the auditor shall be filed by him with 
said report in the office of the secretary of the common- 
Auditor to be wealth and shall be attached to and form j)art of it. The 
auditor shall be sworn to the faithful performance of his 
duties by a justice of the peace or some other magistrate 
authorized to administer oaths or affirmations ; and the 
officers of the corporation who sign the said report of con- 
dition shall certify thereon that the auditor was duly 
elected and qualified, as herein provided. 

Section 2. This act shall take efi^ect upon its passage. 
Approved April 21 , 1909. 



awom, etc. 



Silsbee street 
in Lynn may 
be closed as a 
thoroughfare. 



Chap.d27 An Act relative to the abolition of grade crossings 

IN THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. In the proceedings now pending in the 
superior court for Essex county for the abolition of grade 
crossings in the city of Lynn the commissioners hereto- 
fore appointed therein may, to such extent as they deem 
advisable, and subject to the approval of the board of rail- 
road commissioners, and to the confirmation of the su- 
perior court, close Silsbee street in the said city as a 
thoroughfare and discontinue the crossing thereof over the 
tracks of the Boston and Maine Eailroad, substituting a 
public way for foot passage only under said tracks. 

Section 2. In case the crossing of Silsbee street over 
said tracks is closed and discontinued as aforesaid, then 
if, at any time after the first day of January in the year 
nineteen hundred and fourteen and prior to the first day 
of January in the year nineteen hundred and twenty-six, 
the city council of said city, by majority vote, and the 
directors of the Boston and Maine Railroad are of opinion 
that the safety and convenience of the inhabitants of the 
city of Lynn require the laying out and construction of a 
new public way suitable for travel by vehicles, and with 



New public 
way may be 
laid out, etc, 



Acts, 1909. — Chap. 327. 271 

proper approaches, to take the place of that part of said 
Silsbee street so closed as a thoroughfare, and to extend 
from Friend street to Union street, or to some public 
way connecting with Union street at some point between 
said Silsbee street as it now exists and Green street, and 
crossing the location of said Boston and Maine Railroad, 
but not at grade w4th the roadbed thereof, an instrument 
in writing, sigtied in behalf of the city by the mayor, duly 
authorised by the city council by majority vote, and by 
the president of the Boston and Maine Eailroad, duly 
authorized by its directors, specifying within the limits 
above set forth the location, grades and manner of con- 
struction of said new way and by which party the work 
shall be done or how it shall be apportioned between the 
city and the railroad corporation, and also what land or 
other property it is necessary to take for the purpose of 
constructing said public w^ay, and how the cost thereof 
shall be apportioned between the city and the railroad 
corporation, shall be valid and binding on the city and 
the railroad corporation, respectively, and shall have the 
same force and effect as a decision of the commissioners 
hereinafter provided for: provided, that within thirty Proviso, 
days after the execution of said instrument a copy thereof 
shall be filed with the county commissioners of Essex 
county and recorded in the registry of deeds for the south- 
ern district of Essex county, and that within two years 
thereafter the city of Lynn, in pursuance of a majority 
vote of its city council, shall make an entry upon said 
land or other property specified in said instrument for the 
purpose of commencing work in constructing said new 
public w^ay, and shall forthwith, after said entry, cause a 
certificate of the fact of such entry to be recorded with 
said county commissioners and in said registry of deeds, 
and the recording of said certificate of entry with said 
county commissioners and in said registry of deeds shall 
constitute a taking by the city of Lynn of the said speci- 
fied land or other property. 

Section 3. In case the crossing of Silsbee street over The city may 
said tracks is closed and discontinued as aforesaid, and fhatTubilc 
the city of Lynn and the Boston and Maine Eailroad can- require The' 
not agTee as aforesaid, the city council of the city of Lynn of"he™new° 
may, at any time after the first day of January in the ^^y- ^tc. 
year nineteen hundred and fourteen and prior to the 



272 



Acts, 1909. — Chap. 327. 



Copy of 
declaration to 
be filed with 
the superior 
court, etc. 



Hearing. 



Notice of 
hearing to be 
given. 



first clay of January in the year nineteen hundred and 
twenty-six, by a majority vote determine and declare that 
the safety and convenience of the inhabitants of the city 
of Lynn require the construction of a new public way 
suitable for travel by vehicles and with proper approaches, 
to take the place of that part of said Silsbee street so 
closed as a thoroughfare, and to extend from Friend street 
to Union street or to some public way connected with 
Union street, at some point between the limits of said 
Silsbee street as it now exists and Green street, and cross- 
ing the location of the Boston and Maine Eailroad, but 
not at grade with the roadbed thereof. The mayor shall 
thereupon file with the superior court for the county of 
Essex a copy of said declaration by the city council, duly 
attested by the city clerk, and shall ask the court by mo- 
tion in writing to appoint a commission of three disin- 
terested persons to determine the matters hereinafter set 
forth. The superior court shall thereupon, after notice 
to the Boston and Maine Eailroad and opportunity to be 
heard, appoint a commission of three disinterested persons 
who shall forthwith proceed to determine within the limits 
above set forth the location, gi-ades and manner of con- 
struction of said new public way with proper approaches 
and shall apportion the work to be done between the Bos- 
ton and Maine Railroad and the city of Lynn, but said 
way shall not cross the location of said railroad at grade 
with the tracks thereof. Said commission shall determine 
what land or other property shall be taken for the purpose 
of constructing said way. Before finally determining said 
location, grades and construction the commissioners shall 
give a hearing to all parties interested, notice of which 
shall be served upon the city of Lynn and the Boston and 
Maine Railroad, in the manner prescribed by law for 
the service of writs returnable to the superior court, at 
least fourteen days before the date of said hearing. Notice 
shall also be given by publication in two newspapers pub- 
lished in Lynn, at least fourteen days before the date of 
said hearing. The commissioners shall appoint an auditor 
who shall be a disinterested person, not a resident of Lynn, 
whose compensation if not agreed upon between the parties 
shall be determined by the said superior court, and whose 
duties shall be as hereinafter set forth. 



Acts, 1909. — Chap. 327. 273 

Section 4. The commission shall make a draft of its Decision to be 
decision, and after giving all parties interested an oppor- super^r ^ 
tunitj to be heard thereon, it shall make its decision and *'°"'*'' ®*°" 
file the same in the superior court, and the decision when 
so filed shall he final, and the clerk of said court shall 
within thirty days after the filing of the decision cause a 
copy thereof to be filed with the county commissioners of 
Essex county and to be recorded in the registry of deeds 
for the southern district of Essex county. Within two 
years after the recording of said decision with said county 
commissioners and in said registry of deeds, the city of 
Lynn may, by majority vote of its city council make an 
entry upon the land or other property specified in said 
decision, for the purpose of commencing work in con- 
structing said new public way, and the mayor shall forth- 
with, after said entry, cause a certificate of the fact of 
such entry to be recorded with said county commissioners 
and in said registry of deeds, and the recording of said 
certificate of entry with said county commissioners and 
in said registry of deeds shall constitute a taking by the 
city of Lymi of the specified land or other property. 

Section 5. The damages to property sustained by any Damages, 
person by the taking of land for said public way may, 
if the parties interested cannot agree, be determined by a 
jury of the superior court upon petition brought within 
two years after the said entry for the purpose of con- 
structing said way, in the same manner in which damages 
caused by the taking of lands for public ways are deter- 
mined. The city of Lynn shall be primarily responsible 
for said damages, and shall be the party defendant to any 
such petition for damage. 

Section 6. The cost of locating and constructing said ^ent ofTo'st of 
public way, including the compensation of the commis- construction, 
sioners and auditor and all expenses incidental to the 
work of said commission, counsel fees for defending pe- 
titions for land damages, and the payment of said damages, 
shall be apportioned as follows, to wit : — sixty-five per 
cent shall be paid by the Boston and Maine Railroad, and 
thirty-five per cent shall be paid by the city of Lynn. If, 
however, the city of Lynn does not, within two years after 
the recording of the decision of the commissioners pro- 
vided for in section four, make an entry upon said public 



274 



Acts, 1909. — Chap. 327. 



Auditor to 
submit 
account of 
expenses, etc. 



The city and 
the Boston and 
Maine Rail- 
road to enter 
into an 
agreement as 
to payment of 
expenses. 



Grade of the 
railroad not to 
be changed, 
except, etc. 



way, as provided in said section, for the purpose of 
constructing said public way, said new public way shall 
not be laid out and constructed under this act and all 
things done under this act in regard thereto shall be of 
no force and effect, except only that the expenses previ- 
ously incurred under this act shall be borne by the city 
and the said railroad in the proportions above set forth. 

Section T. There shall be submitted from time to 
time to the auditor appointed under the provisions of sec- 
tion three of this act all accounts of expenses incurred by 
the railroad and the city in the laying out and construc- 
tion of said new way under this act, and he shall audit 
the same and his finding shall be final and binding on 
the railroad and the city. If it shall appear to said auditor 
that either party has expended less than its proportionate 
part of the cost and expenses, such party shall pay to 
the other party the difference between what it has ex- 
pended and the apportionment of the expenses which it 
is to pay under the provisions of this act, and the superior 
court sitting in equity shall have the power to enforce 
such payment by such orders or decrees as justice requires. 

Section 8. The Boston and Maine Kailroad and the 
city of Lynn by vote of a majority of the city council shall 
have authority at any time after the passage of this act 
and before the first day of January in the year nineteen 
hundred and twenty-five, to enter into an agreement by 
the terms of which said railroad shall bind itself to pay 
sixty-five per cent, and said city shall bind itself to pay 
thirty-five per cent of the cost of locating and construct- 
ing said public way in the manner provided herein. 

Section 9. The grade of the Boston and Maine rail- 
road shall not be changed without the consent of the board 
of railroad commissioners, and if the location, grades and 
manner of construction of the new public way require a 
bridge over said railroad, said bridge shall not be con- 
structed at a height less than eighteen feet above the track 
without the consent of said board. 

Section 10. This act shall take effect upon its passage. 
Approved April 21, 1909. 



Acts, 1909. — Chap. 328. 275 

An" Act relative to the use of ferrets. (7AaT).328 

Be it enacted, etc., as follows: 

Section eleven of chapter ninety-two of the Eevised ^c^ameided 
Laws, as amended by chapter two hundred and forty-one 
of the acts of the year nineteen hundred and six, is hereby 
further amended by inserting after the word '' oifence ", 
in the twentieth line, the words : — except as hereinafter 
provided, — and by adding at the end of the section the 
words : — and a person who uses a ferret in violation of 
the provisions of this act shall be punished by a fine not 
exceeding fifty dollars for each offence, — so as to read 
as follows: — Section 11. Whoever takes or kills a game Penalty for 
bird or water fowl, hare or rabbit by means of a trap, net etc.'^by^*'^^' 
or snare, or by the use of a ferret; and whoever, for the ^^relor 
purpose of taking or killing a game bird, water fowl, hare ferrets, etc. 
or rabbit, constructs or sets a trap, snare or net or uses 
a ferret ; and whoever shoots at or kills any wild fowl 
or any of the so-called shore, marsh or beach birds with a 
swivel or pivot gun or by the use of a torch, jack or ar- 
tificial light, or pursues any wild fowl with or by aid of a 
boat propelled by steam or naphtha, or of a boat or vessel 
propelled by any mechanical means other than sails, oars 
or paddles, or in that portion of Boston harbor lying west- 
erly and southwesterly of a line running from Deer 
Island to Point Allerton, including the waters of Dor- 
chester bay, Quincy bay, Weymouth bay and Hingham 
bay, shoots at, kills or pursues a wild fowl from or by the 
aid or use of any boat or floating device propelled by 
steam, naphtha, gasolene, electricity, compressed air, or 
any similar motive power, shall be punished by a fine of 
twenty dollars for each offence, except as hereinafter pro- 
vided. The constructing or setting of a trap, snare or net 
adapted for the taking or killing of a game bird, water 
fowl, hare or rabbit, upon premises frequented by them, 
shall be prima facie evidence of such constructing and 
setting with intent to take and kill contrary to law; and 
possession of a ferret in a place where the game mentioned 
in this section might be taken or killed, shall be prima 
facie evidence that the person having it in possession has 
used it for taking and killing game contrary to law. Fer- Ferrets to be 
rets which are used in violation of the provisions of this l^^^^'^^^^'^- 



276 



Acts, 1909. — Chaps. 329, 330. 



section shall be confiscated, and a person who uses a ferret 
in violation of the provisions of this act shall be punished 
bj a fine not exceeding fifty dollars for each offence. 

Approved April 21 , 1909. 



1907, 584, § 10, 
amended. 



Penalty for 
unlawfully 
occupying 
streets for 
commercial 
purposes, etc. 



Chap.329 An Act relative to the use for commercial pur- 
poses OF PUBLIC STREETS IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Chapter five hundred and eighty-four of the acts of the 
year nineteen hundred and seven is hereby amended by 
striking out section ten and inserting in place thereof the 
following: — Section 10. A person who uses or occupies 
a part of a public street in the city of Boston, otherwise 
than according to the provisions of this act, for the pur- 
chase, sale, storage or display of merchandise or other 
articles except materials or appliances used or to be used 
for public purposes or for building operations under au- 
thority or license lawfully conferred or issued by or under 
an ordinance of the city of Boston, now in existence or 
hereafter enacted, shall be subject to a fine not exceeding 
twenty dollars for the first offence and not exceeding one 
hundred dollars for each subsequent offence, and should 
such person be unknown to the police officer witnessing 
such use or occupation he may be arrested by the officer 
without a warrant. Approved April 21 , 1909. 



Chap. 330 An Act relative to the Cambridge mutual fire in- 
surance COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The provisions of law which may be 
enacted during the current year relative to the reinsurance 
reserve shall apply to and the Cambridge Mutual Fire In- 
surance Company shall have the benefit of the same. 

Section 2. The balance standing to the credit of the 
Cambridge Mutual Fire Insurance Company upon its 
books the first day of January of the year nineteen hun- 
dred and nine may be used for any and all purposes for 
which funds of a mutual fire insurance company may be 
used. 
^°^P°g**^ Section 3. Subject to the restrictions, duties and lia- 

continue in bilitics and with all the powers and privileges set forth 



Certain pro- 
visions of law 
to apply to the 
Cambridge 
Mutual Fire 
Insurance 
Company. 

Purposes for 
which funds 
may be used. 



Acts, 1909. — Chains. 331, 332. 277 

in the general laws which now are or hereafter may be in 
force and applicable to such corporations, at any time prior 
to May of the year nineteen hundred and ten, the Cam- 
bridge Mutual Fire Insurance Company may make new 
insurance and its corporate powers shall continue and be 
deemed to have been at all times and now to be in full 
force and effect, anything in the general laws to the con- 
trary notwithstanding. 

Section 4. This act shall take effect upon its jDassage. 
Approved April 21, 1909. 

An Act to pkovide additional clerical assistance (JJki^ 33^ 
for the register of probate for the county of 
franklin. 

Be it enacted, etc., as follows: 

Section 1. The register of probate and insolvency for clerical assist- 
the county of Franklin shall be allowed for clerical assist- regilte'/of ^ 
ance a sum not exceeding four hundred dollars annually, Frank*iL°'^ 
which shall be paid by the commonwealth to the persons county, 
who actually perform the work, upon the certificate of the 
register, countersigned by the judge of probate and in- 
solvency. 

Section 2. So much of section twenty-eight of chapter Repeal, 
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 repealed. 

Approved April 29, 1909. 

An Act relative to the payment of wages to in- (^hnj) 339 
capacitated employees of the city of boston. 

Be it enacted, etc., as follows: 

Section one of chapter two hundred and ten of the acts 1908, 210, § 1, 
of the year nineteen hundred and eight, relative to the 
payment of persons employed by the city of Boston, is 
hereby amended by adding at the end thereof the fol- 
lowing: — provided, however, that the civil service com- Proviso, 
mission may certify, and the treasurer or other fiscal officer 
of the city of Boston may thereafter pay, for a term not 
exceeding thirty days, the regular compensation, or any 
part thereof, to any laborer in the service or employment 



278 



Acts, 1909. — Chaps. 333, 334. 



of the city of Boston who, by reason of accident or injury 
occurring while he was in the performance of his duties 
and in the exercise of due care, has become incapacitated 
to perform the ordinary duties of his employment. But 
no such payment shall be made except upon the certificate 
of the city physician, the sworn statement of the head of 
the department, both stating that the employee is in- 
capacitated as above, and the approval of the mayor. 

Approved April 29, 1909. 



Chap.33'd An Act to authorize the county commissioners of 

THE COUNTY OF ESSEX TO REMODEL THE COURT HOUSE 
IN THE CITY OF SALEM. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of remodelling the present 



The county of 
Essex may 

borrow^money court housc and tlic old registry of deeds building in the 

court house in city of Salcm the county commissioners of the county of 

Essex are hereby authorized and directed to borrow on the 

credit of the said county a sum not exceeding seventy-five 

thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved April 29, 1909. 



Chap.334: An Act relative to the expense of maintaining and 

OPERATING ROCKS BRIDGE OVER THE MERRIMAC RIVER 
BETWEEN THE CITY OF HAVERHILL AND THE TOWN OF 
WEST NEWBURY. 

Be it enacted, etc., as follows: 

Section 1. The expense of maintaining and operating 
the Rocks bridge, so-called, over the Merrimac river, be- 
tween the city of Haverhill and the town of West N"ew- 
bury, shall, in the first instance, be paid out of the treasury 
of the county of Essex. The county commissioners of the 
county of Essex shall have full control of said bridge, and 
shall annually, in the month of November, submit to the 
treasurers of the city of Haverhill and the towns of Merri- 
mac and West jSTewbury a true statement of the expense 
of the maintenance and operation of the said bridge, and 
within thirty days thereafter the said city and each of the 
said towns shall pay into the treasury of the county of 



Maintenance, 
etc., of Rocks 
bridge, over 
the Merrimac 
river. 



Control of the 
bridge, etc. 



Acts, 1909. — Chap. 335. 279 

Essex fifty per cent of said expense, sixteen and two thirds 
per cent by the city of Haverhill and sixteen and two 
thirds per cent each by the towns of Merrimac and West 
Xewbury ; and if the said city or either of the said towns 
shall neglect or refuse to pay its proportion, the said com- 
missioners shall, after a notice to the city or town so 
neglecting or refusing, issue a warrant for the sum due, 
with interest and the costs of the notice and warrant, and 
the same shall be collected and paid into the treasury of 
said county to be applied in payment of the expense afore- 
said. 

Section" 2. The said county commissioners are hereby Repair, etc., 
authorized and directed to repair and reconstruct the pie^,%lc^'^^^ 
fender pier at the Rocks bridge, and the expense thereof 
shall be borne by the county of Essex and paid for from 
the treasury of the county; and for the aforesaid purpose 
the county commissioners are hereby authorized to borrow 
on the credit of the county a sum not exceeding eight 
thousand dollars. 

Section 3. After the fender pier at the said bridge has Further 
been repaired and reconstructed as above provided for, the ''^p'*"'^' ^^°- 
cost of any further repairs of the said pier shall be con- 
sidered as a part of the maintenance and operation of the 
bridge and shall be paid for in the proportions specified 
in section one of this act. 

Section 4. This act shall take effect on the first day when to take 
of May in the year nineteen hundred and nine. ^^®°*' 

Approved April 29, 1909. 



C7iap.SS5 



An Act relative to the expense of maintaining and 
operating the groveland bridge over the merri- 
MAC river BETWEEN THE CITY OF HAVERHILL AND 
THE TOWN OF GROVELAND. 

Be it enacted, etc., as follows: 

Section 1. The expense of maintaining and operating Maintenance, 
the Groveland bridge, so-called, over the Merrimac river fandbddgr^" 
between the city of Haverhill and the town of Groveland, Me^rimlc 
shall, in the first instance, be paid out of the treasury of "ver. 
the county of Essex. The county commissioners of the control of the 
county of Essex shall have full control of the bridge, and ^"''^^' **°" 
shall annually, in the month of November, submit to the 
treasurers of the city of Haverhill and towns of Groveland, 



280 



Acts, 1909. — Chap. 336. 



Repair, etc., 
of the fender 
pier, etc. 



Further 
repairs, etc. 



When to take 



Georgetown and West Newbury, a true statement of the 
expense of the maintenance and operation of the said 
bridge; and within thirty days thereafter, the said city 
and each of the said towns shall pay into the treasury of 
the county sixty per cent of said expense, as follows : — 
The city of Haverhill thirty per cent, the town of Grove- 
land fifteen per cent, the town of West Newbury seven 
and one half per cent and the town of Georgetown seven 
and one half per cent; and if the said city or any of the 
said towns neglects or refuses to pay its said proportion, 
the said commissioners shall, after a notice to the city 
or town so neglecting or refusing, issue a warrant for its 
proportion, with interest and the cost of the notice and 
warrant, and the same shall be collected and paid into the 
treasury of said county to be applied in payment of the 
expense aforesaid. 

Section 2. The said county commissioners are hereby 
authorized and directed to repair and reconstruct the 
fender pier at the Groveland bridge, and the expense 
thereof shall be borne by the county of Essex and paid 
for from the treasury of the county ; and for the aforesaid 
purpose the county commissioners are hereby authorized 
to borrow on the credit of the county a sum not exceeding 
ten thousand dollars. 

Section 3. After the fender pier at the said bridge 
has been repaired and reconstructed as above provided for 
the cost of any further repairs of the said pier shall be 
considered as a part of the maintenance and operation of 
the bridge and shall be paid for in the proportions speci- 
fied in section one of this act. 

Section 4. This act shall take effect on the first day 
of May in the year nineteen hundred and nine. 

Approved April 29, 1909. 



Chap.dSQ An Act to authorize the heath telephone company 

TO SELL CERTAIN STOCK AT PRIVATE SALE. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
seventy-eight of the acts of the year nineteen hundred and 
three is hereby amended by striking out the words " fifty 
thousand ", in the fourth line, and inserting in place 
thereof the words : — one hundred and twenty-five thou- 



1903, 178. § 1. 
amended. 



Acts, 1909. — Chap. 337. 281 

sand, — so as to read as follows : — Section 1. The Heath The Heath 
Telephone Company is hereby authorized to increase its company^may 
capital stock from time to time, under the provisions of ^pklfstock, 
existing laws, to an amount not exceeding one hundred ^*''- 
and twenty-five thousand dollars, without selling at auction 
the shares not taken by stockholders as their proportion of 
such increase. Shares not so taken may be sold by said 
company at a price not less than the par value thereof in 
such manner as it may by vote determine. 

Section 2. This act shall take effect upon its passage. 
Approved April 29, 1909. 

Ax Act to authorize the town of douglas to supply Qi^^y^j qqit 

ITSELF AND ITS INHABITANTS WITH WATEK. 

Be it enacted, etc., as follows: 

Section 1. The town of Douglas may supply itself SugiaTmay 
and its inhabitants with water for the extinguishment of ^1^^^^^^^^^ 
fires and for domestic, manufacturing and other purposes ; etc 
may establish fountains and hydrants and relocate or dis- 
continue the same ; and may regulate the use of such water 
and fix and collect rates to be paid therefor. 

Section 2. Said town, for the purposes aforesaid, may May take 
take, or acquire by purchase or otherwise, and hold, the dghts!'etc ^^ 
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^\Ti, 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, hold- 
ing, purifying and preserving the purity of the water, and 
for conveying the same to any part of said town: provided, Proviso. 
however, 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 subject to the approval 
of said board. Said town may 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 provide such other means and ap- 



282 Acts, 1909. — Chap. 337. 

pliances and do such other things as may be necessary for 
the establishment and maintenance of complete and effect- 
ive water works ; and for that purpose may construct wells 
and reservoirs and establish pumping works and may 
construct, lay and maintain aqueducts, conduits, pipes and 
other works under or over any land, water courses, rail- 
roads, railways and public or other ways, and along such 
ways in the town of Douglas, 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 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 approved by the board of railroad commissioners. 
Snd't^be" °^ Sectioj^ 3. Said town shall, within ninety days after 
recorded, etc. the taking of any lands, rights of way, water rights, water 
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 
accurate 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 
taken, purchased or acquired in any way under the pro- 
visions of this act shall vest in the town of Douglas, and 
the land so acquired 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. 

Section 4. Said town 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 any other thing done by said town 
under authority 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 



Acts, 1909. — Chap. 337. 283 

land taken for the laying ont of highways, on application 
at any time Avithin 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 
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 sai-d 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 addi- 
tional damages caused by such additional taking. 

Section 5. Said town, for the purj^ose of paying the Town of 
necessary expenses and liabilities incurred under the j^i'o Loan.^lct 
visions of this act, may issue from time to time bonds, °^ ^^°^' 
notes or scrip to an amount not exceeding fifty thousand 
dollars. Such bonds, notes or scrip shall bear on their 
face the words. Town of Douglas Water Loan, Act of 1909 ; 
shall be payable at the expiration of periods not exceeding 
thirty years from the dates of issue; shall bear interest, 
payable semi-annually, at a rate not exceeding four per 
cent per annum ; and shall be sigTied by the treasurer of 
the town and countersigned by the water commissioners 
hereinafter provided for. Said town may sell such secu- 
rities at public or private sale, or pledge the same for 
money borrowed for the purposes of this act, upon such 
terms and conditions as it may deem proper: provided. Proviso, 
that such securities shall not be sold for less than the par 
value thereof. 

Secttox 6. Said town shall at the time of authorizing Payment of 
said loan provide for the payment thereof in such aimual ^°^"" 
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 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 



284 



Acts, 1909. — Chap. 337. 



Penalty for 
pollution, etc , 
of water, etc. 



Water com- 



Quorum. 



Vacancy. 



Water rates, 
etc. 



make such payments on the principal as may be required 
under the provisions of this act, shall without further vote 
be assessed by the assessors of said town in each year 
thereafter, in the same manner in which other taxes are 
assessed, until the debt incurred by said loan is extin- 
guished. 

Section T. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water taken or held under this act, 
or injures any structure, work or other property owned, 
held or used by said town under authority of this act, shall 
forfeit and pay to the said town three times the amount 
of damages assessed therefor, to be recovered in an action 
of tort ; and upon being convicted of any of the above 
wilful or wanton acts shall be punished by a fine not ex- 
ceeding three hundred dollars or by imprisonment in jail 
for a term not exceeding one year. 

Section 8. Said town shall, after its acceptance of this 
act, at a legal meeting called for the purpose, elect by 
ballot three persons to hold office, one until the expiration 
of three years, one until the expiration of two years and 
one until the expiration of one year from the next suc- 
ceeding annual town meeting, to constitute a board of 
water commissioners; and at each annual town meeting 
thereafter one such commissioner shall be elected by ballot 
for the term of three years. All the authority granted to 
the said town by this act and not otherwise specifically 
l^rovided 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 from any cause may be filled for the re- 
mainder 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 select- 
men, and the person so appointed shall hold office until 
the town fills the vacancy in the manner provided herein. 

Section 9. 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 
of the water works shall be applied to defraying all op- 
erating expenses, interest charges and payments on the 
principal as they accrue upon any bonds, notes or scrip 



Acts, 1909. — Chap. 338. 285 

issued imder authority of this act. If there should be a 
net surplus remaining after providing for the aforesaid 
charges it shall be used for such new construction as the 
water commissioners may determine upon, and in case 
a surplus should remain after payment for such new 
construction, the water rates shall be reduced proportion- 
ately. jSTo money shall be expended in new construction by New con- 
the water commissioners except from the net surplus afore- ^t'""*'*'^''' «*<'• 
said, unless the town appropriates and provides money 
therefor. Said commissioners shall annually, and as often 
as the town may require, render a report upon the condi- 
tion of the works under their charge, and an account of 
their doings, including an account of receipts and ex- 
penditures. 

SECTioisr 10. This act shall take effect upon its accept- when to take 
ance by a majority vote of the legal voters of the town of ^ ^° * 
Douglas 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 29, 1909. 

An Act to authorize the city of melkose to in- ni^fj^^ qqq 

CUR INDEBTEDNESS FOR THE PURPOSE OF MAINTAINING, 
EXTENDING AND IMPROVING ITS SYSTEM OF SURFACE 
DRAINAGE. 

Be it enacted, etc., as follows: 

Section 1. The city of Melrose, for the purpose of roseSurfl^ie 
maintaining, extending and improving its system of sur- ^foi%QQ^^' 
face drainage, is hereby authorized to issue, from time to 
time, as may be required therefor, bonds, notes or scrip 
to an amount not exceeding one hundred thousand dollars 
in addition to the amount which it is now authorized to 
issue: provided, however, that the amount of such bonds. Proviso, 
notes or scrip issued during the current year, or in any 
succeeding year, shall not exceed twenty thousand dollars, 
and that all such issues shall be subject to the provisions 
of section forty-eight of chapter one hundred and sixty- 
two of the acts of the year eighteen hundred and ninety- 
nine. Such bonds, notes or scrip shall be designated. City 
of Melrose Surface Drainage Loan, Act of 1909, shall bear 



286 



Acts, 1909. — Chap. 339. 



Sinking fund. 



Expenditures 
to be under 
the direction 
of tiie mayor, 
etc. 



interest at a rate not exceeding four per cent per annnm, 
payable semi-annually, shall be payable at the expiration 
of such periods, not exceeding thirty years from the dates 
of issue, as the board of aldermen shall determine, and 
shall be signed by the treasurer and countersigned by the 
mayor of the city. They shall not be reckoned in deter- 
mining the statutory limit of indebtedness of the city. 

Section 2. All premiums received from the sale of 
bonds issued under authority of this act shall be paid 
into the sinking fund, which fund shall be established as 
provided in chapter twenty-seven of the Revised Laws. 

Section 3, All moneys raised under the provisions of 
this act shall be expended by the engineer and superin- 
tendent of public works, under the direction of the mayor 
and subject to the provisions of chapter forty-nine of the 
Eevised Laws relative to the construction and mainte- 
nance of sewers and drains, and of chapter fifty of the 
Revised Laws relative to the assessment of betterments. 

Section 4. This act shall take effect upon its passage. 
Approved April 29, 1909. 



(JJiar>.S39 ^^^ -^^^ '^^ incorporate the bay state live stock 

INSURANCE company. 



Bay State 
Live Stock 
Insurance 
Company in- 
corporated. 



Capital stock. 



Directors, 
election, term, 
etc. 



Be it enacted, etc., as follows: 

Section 1. Andrew G. Hill, David L. Bolger, Henry 
Ober, Daniel K. Dinsmore, George H. Faxon, William 
A. Finney, Augustine A. Lawler, Francis Donovan and 
Edward J. Devers, their associates and successors, are 
hereby made a corporation by the name of the Bay State 
Live Stock Insurance Company, to have its principal office 
in Boston, for the purpose of insuring against the loss of 
live stock by death, with power to carry out its purpose 
in the manner to be prescribed in its by-laws. 

Section 2. The corporation shall have a paid up cash 
capital of one hundred thousand dollars, divided into 
shares of fifty dollars each, all of which shall be sub- 
scribed and paid for in cash before the corporation shall 
be authorized to do business. 

Section 3. The government of said corporation shall 
be vested in a board of seven directors, to be chosen at 
the first meeting, by the subscribers to the capital stock, 



Acts, 1909. — Chap. 340. 287 

who shall hold office for one year or until their succes- 
sors are chosen. The number of directors thereafter shall 
be as prescribed in the by-laws, and the directors shall be 
chosen by the stockholders at each annual meeting. 

Section 4. Except as to the amount of capital stock Powers and 
required, the corporation shall have all the powers and 
privileges and be subject to all the duties, liabilities and 
restrictions set forth in all general laws now or hereafter 
in force relating to casualty insurance companies. 

Section 5. Said corporation shall issue no policy of policies 'S 
insurance until the insurance commissioner has ascer- capital has 
tamed that its capital has been paid m and that it has etc 
otherwise complied with the provisions of this act, nor 
shall said corporation take a risk upon any one animal in 
excess of one thousand dollars. 

Section 6. This act shall take effect upon its passage. 
AiJproved April 30, 1909. 



An Act to authorize the hadley water supply dis- (JJia,j),S4:0 
trict to extend its limits and to make an addi- 
tional WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Hadley Hadiey Water 
liable to taxation in that town, and residing within the ext^'ended.'^*"''* 
territory enclosed by the following boundary lines, to wit : 
— Beffinnine: at a stone bound near the Bay road, so-called, 5"-™'*^^. j^ c j 

c) o "^ ' ' district defined. 

which marks an angle m the town line between the towns 
of Amherst and Hadley, the same being at the point at 
which the easterly line of the Hadley Water Supply Dis- 
trict, as established by chapter one hundred and forty-six 
of the acts of the year nineteen hundred and five, diverges 
from the said toAvn line ; thence from the said stone bound, 
north, seventeen degrees, twenty-three minutes east, four- 
teen thousand seven hundred and sixty-four feet on the 
said town line, to a stone bound ; thence north, eighty-six 
degrees nine minutes west, two hundred and seventy-one 
feet on the said town line to a stone bound ; thence north, 
fourteen degrees thirty-five minutes east, one thousand 
nine hundred and eighteen feet on the said town line to a 
stone bound ; thence south, eighty-seven degrees six min- 
utes east, two hundred and seventy-three feet on the said 



288 Acts, 1909. — Chap. 340. 

Srict defined, town line to a stone bound ; thence north, sixteen degrees 
thirty-four minutes east, three hundred feet on the said 
town line to the northeasterly corner of the proposed addi- 
tion to the Hadley Water Supply District; thence south, 
sixty-nine degi'ees ten minutes west, seven hundred and 
thirteen and five tenths feet to the corner of a fence ; 
thence north, eighty-six degrees forty minutes west, along 
the line of a fence, seven hundred and sixty-two feet to 
a corner; thence south, seventy-four degrees thirty-five 
minutes west, three thousand and sixty feet, to the north- 
easterly corner of Rufus M. Smith's " Forty Acre Pas- 
ture " on the westerly side of Maple street ; thence north 
eighty-six degrees forty-five minutes west, along the north- 
erly line of the said pasture, and along other property 
lines, three thousand six hundred and sixty feet to a stake ; 
thence north, eighty-three degrees twenty minutes west, 
four thousand one hundred and four and seven tenths feet 
to the northeasterly corner of the Hadley Water Supply 
District as originally established, which point is in the 
centre of the " Old Amherst Eoad " and is located north, 
twenty-four degrees fifteen minutes east, three hundred 
and seventy-eight feet from the northerly corner of a 
dwelling house, owned and occupied by Martin Bye; 
thence southerly and southeasterly, following the lines of 
the Hadley Water Supply District to the place of begin- 
ning, — shall be added to, and made part of the body cor- 
porate of the Hadley Water Supply District. The territory 
hereby annexed to said district, and the inhabitants resid- 
ing therein, shall have all the powers and privileges, and be 
subject to all the liabilities and duties pertaining to said 
district under the provisions of said chapter one hundred 
and forty-six. 
Srfain^waters, Section 2. Said district, as enlarged by this act, shall 
water rights, havc the right to take, or acquire by purchase or otherwise, 
in accordance with the provisions of said chapter one 
hundred and forty-six, such waters, water rights, lands, 
rights of way and easements described in said chapter as 
may be necessary for carrying out the provisions of said 
chapter or of this act. 
Kfy S-*^'" Section 3. Said district, for the purpose of extending 
tbnafwa'ter ^^^^ improving its water works, may, on a majority vote of 
1909 ' ^'^^ °^ ^^® ^^S'^'^ voters of the Hadley Water Supply District as 
enlarged by this act, present and voting thereon at a legal 



Acts, 1909. — Chap. 341. 289 

meeting called for that purpose, issue from time to time 
bonds, notes or scrip to an amount not exceeding twenty 
thousand dollars in addition to the amount heretofore au- 
thorized to be issued by said district for water supply 
purposes. Such bonds, notes or scrip shall bear on their 
face the words, Hadley Water Supply District Additional 
Water Loan, Act of 1909, and shall be issued upon the 
terms and conditions and with the jiowers specified in said 
chapter one hundred and forty-six for the issue of the 
Hadley Water Supply District Loan. 

Section 4. This act shall take effect Upon its accept- when to take 
ance by a majority of the legal voters of the said district, 
as hereby enlarged, present and voting thereon at a legal 
meeting called for that purpose within three years after 
the date of its passage. Said meeting shall be called on a 
petition of ten or more of the legal voters of said district as 
enlarged by this act, by warrant from a justice of the 
peace, directed to one of the petitioners, requiring him to 
give notice of the meeting by posting copies of said war- 
rant in two or more public places in said district as en- 
larged by this act, seven days at least before the time set 
for said meeting, and by publishing such notice thereof 
as the warrant may require in any newspaper published 
in the county of Hampshire and circulated in the town 
of Hadley. The justice, or a member of the board of 
water commissioners of said district, shall preside at said 
meeting until a moderator is chosen and sworn ; and for 
the purpose of authorizing the said meeting this act shall 
take effect upon its passage. 

Approved April 30, 1909. 

An Act to authorize the general electric company (JJifyj) 341 

TO USE a part of THE TRACKS OF THE PITTSFIELD 
electric street railway COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The General Electric Company, with the The General 
consent of the Pittsfield Electric Street Kailway Company, pany may uTe" 
which consent said Pittsfield Electric Street Railway Com- certairstreS'' 
pany is hereby authorized to give, may operate cars and coll^any. 
engines by steam or by any electric motive power over 
the tracks of the Pittsfield Electric Street Railway Com- 
pany on Woodla\\m avenue in the city of Pittsfield, and 



290 Acts, 1909. — Chap. 342. 

for that purpose may construct and maintain the poles 
and wires incident to an overhead trolley system, if that 
method of transportation is used, to such extent and under 
such rules and regulations as the board of railroad com- 
missioners shall determine to be consistent with public 
safety. 

Section 2. This act shall take efPect upon its passage. 
Approved April 30, 1909. 



Chap.d4:2 An Act to provide foe the taxation of deposits in 

THE SAVINGS DEPARTMENTS OF TRUST COMPANIES. 

Be it enacted, etc., as follows: 

panfes'^h^'ing Section 1. Evcry trust company having a savings de- 
"^aTtmeltfo' partnieut, as defined by chapter five hundred and twenty 
pay an annual of the acts of the year nineteen hundred and eight, shall 
pay to the treasurer and receiver general on account of 
its depositors in such department, an annual tax on the 
amount of its deposits therein, to be assessed and paid at 
the rate, in the manner, and at the times specified in 
chapter fourteen of the Revised Laws and acts in amend- 
ment thereof and in addition thereto, for the taxation of 
deposits in savings banks, except that in the year nineteen 
hundred and ten the rate of said tax shall be one eighth 
of one per cent, in the year nineteen hundred and eleven 
one quarter of one per cent, and in the year nineteen 
hundred and twelve three eighths of one per cent, 
be^^i^e" Section 2. Every such trust company shall semi-an- 

nually make a return, signed and sworn to by a majority 
of its directors, of the amount of its deposits in the said 
department, in the manner and at the times specified in 
section twenty of chapter fourteen of the Revised Laws and 
in acts in amendment thereof or in addition thereto, for 
returns by savings banlvs of their deposits, and shall be 
subject to the penalties therein provided for failure to 
make such return or for wilfully making a false statement 
therein. 
Exemption in Section 3. N"o investment of such deposits exempt in 

any year not to i-ii • i»i' 

be a basis for any year from the tax levied by section one oi this act 
from any shall be iu the same year a basis for any exemption from 

any other tax which trust companies are required by law 

to pay. 



Acts, 1909. — Chaps. 343, 344. 291 

Section 4. All deposits taxed under the provisions of depositTetc 
section one of this act shall otherwise be exempt from tax- 
ation in any year in which said tax is paid. 

Section 5. This act shall take effect on the first day When to take 
of January in the year nineteen hundred and ten. 

Approved April SO, 1909. 

An Act to authokize the board of railroad commis- nj^rij^ U4Q 

SIGNERS to recommend RELOCATIONS OF STATIONS OF 
railroad corporations and street RAILWAY COM- 
PANIES. 

Be it enacted, etc., as follows: 

Section nine of Part I of chapter four hundred and Pa°rt'L ^^' ^ ^' 
sixty-three of the acts of the year nineteen hundred amended. 
and six is hereby amended by inserting after the word 
" change ", in the third line, the words : — or relocation, 
— so as to read as follows : — Section 9. If the board is Notice of 

/•■•,!.• •^ ^ necessary re- 

01 opinion that repairs are necessary upon any railroad pairs, reio- 
or railway, or that an addition to its rolling stock, or an '='''''°°^' ^*'^- 
addition to or change or relocation of its stations or station 
houses or waiting rooms, or a change in its rates of fares 
for transporting freight or passengers, or in the mode of 
operating its railroad or railway and conducting its busi- 
ness, is reasonable and expedient in order to promote the 
security, convenience and accommodation of the public, 
it shall in writing inform the corporation or company of 
the improvements and changes which it recommends should 
be made. Approved April 30, 1909. 

A-N Act relative to assessment and registration of z^/,^^ Q44 

VOTERS. 

Be it enacted, etc., as follows: 

Section 1. Section fifteen of chapter five hundred and i907, seo. § 15, 

!• 1 /• 1 • 1111 amended. 

Sixty of the acts 01 the year nineteen hundred and seven 
is hereby amended by inserting after the word " books ", 
in the twenty-ninth line, the words : — and, except in 
Boston, give immediate notice thereof to the registrars of 
voters, — so as to read as follows: — Section 15. The Assessors to 

• , , (» , 1 1 n make lists of 

assessors, assistant assessors, or one or more of them, shall male persons 
annually, in May or June, visit every building in their poKax.^ 
respective cities and towns and, after diligent inquiry, 



292 



Acts, 1909. — Chap. 344. 



To make lists 
of women 
voters. 



Inmates of 
the Soldiers' 
Home may be 
assessed and 
vote, etc. 



to 

correct errors 
and supply 
omissions. 



1907,560, § 41, 
amended. 



Names not to 
be entered on 
registers after 
close of reg- 
istration, ex- 
cept, etc. 



shall make true lists containing, as nearly as they can as- 
certain, the name, age, occupation and residence, on the 
first day of May in the current year, and the residence on 
the first day of May in the preceding year, of every male 
person twenty years of age or ujjwards, residing in their 
respective cities and towns, liable to be assessed for a poll 
tax ; and, except in Boston, shall inquire at the residences 
of the women voters whose names are contained in the list 
transmitted to them by the registrars under the provisions 
of section forty-four whether such women voters are resi- 
dent thereat, and shall thereupon make true lists of the 
women voters found by them. 

Any inmate of the Soldiers' Home in the city of Chel- 
sea shall have the same right as any other resident of that 
city to be assessed and to vote therein. 

The assessors shall, upon the personal application of an 
assessed person for the correction of any error in their 
original lists, and whenever informed of any such error, 
make due investigation, and, upon proof thereof, correct 
the same on their books. When informed of the omission 
of the name of a person who is averred to have lived in 
the city or town on the first day of May in the current 
year, and to have been assessed there in the preceding year, 
they shall make due investigation, and, upon proof thereof, 
supply the omission on their books, and, except in Boston, 
give immediate notice thereof to the registrars of voters. 
They shall cause all applications, certificates and affidavits 
received by them under this section to be preserved for 
two years. 

Section 2. Section forty-one of said chapter is hereby 
amended by inserting after the word " registration ", in 
the seventh line, the words : — and, except in Boston, they 
shall compare all notices of omitted assessments transmitted 
to them by the assessors under the provisions of section 
fifteen of this chapter, as amended by section one of this 
act, with the annual register of voters for the previous 
year, and if it appears to their satisfaction that any of 
said omitted assessments is that of a person entitled to 
vote in such previous year they may before the close of 
registration enter such name on the current annual regis- 
ter, — so as to read as follows : — Section Jf.1. The regis- 
trars shall not, after ten o'clock in the evening of a day 
on which registration is to cease, register any person as a 



Acts, 1909. — Chap. 345. 293 

voter until after the next election, but they may enter 
or correct upon the registers the names of persons whose 
qualifications as voters have been examined between the 
preceding thirtieth day of April and the close of registra- 
tion, and, except in Boston, they shall compare all notices 
of omitted assessments transmitted to them by the assessors 
under the provisions of section fifteen of this chapter, as 
amended by section one of this act, with the annual regis- 
ter of voters for the previous year, and if it appears to 
their satisfaction that any of said omitted assessments is 
that of a person entitled to vote in such previous year they 
may before the close of registration enter such name on 
the current annual register. They shall, in every case, 
require the vote by virtue of which such entry or correc- 
tion is made to be attested by their clerk. 

Sectiox 3. Section forty-five of said chapter is hereby i907, 560. § 45, 
amended by inserting after the word " section ", in the *™^" 
third line, the words : — or in accordance with the pro- 
visions of section forty-one of this chapter as amended, — 
so as to read as follows: — Section Jf5. Every person. Registration, 
male or female, whose name has not been entered in the cation neces- 
annual register in accordance with the preceding section, certain cases. 
or in accordance with the provisions of section forty-one 
of this chapter as amended, must, in order to be registered 
as a voter, apply in person for registration and prove that 
he is qualified to register. 

Section 4. This act shall take effect upon its passage. 
Approved May 3, 1909. 



GhajjMB 



An Act relative to the reinsurance reserves to be 
carried by insurance companies. 

Be it enacted, etc., as follows: 

Section twenty of chapter five hundred and seventy-six 1907, 576. § 20, 
of the acts of the year nineteen hundred and seven is a"^e°'^^'^- 
hereby amended by striking out all of the first paragraph 
after the words " reserve to be charged to it ", in the tenth 
line, and inserting in place thereof the following : — Such 
reinsurance shall reduce the gross premiums on risks in 
force upon which a reserve is to be carried by the ceding 
company only by the actual amount paid or payable by it 
for the reinsurance, plus the commission, if any, allowed 
by the reinsuring company on account of such reinsur- 



294 Acts, 1909. — Chap. 345. 

ance, except that the gross premiums of the ceding com- 
pany on risks in force may be reduced by the amount of 
the gross premium of the ceding company on the risks, or 
portion thereof, reinsured, upon presentation of evidence 
satisfactory to the insurance commissioner that the rein- 
suring company has included in its liabilities the full 
reserve on the risks, or portion thereof, reinsured, which 
the ceding company would by law have been required to 
carry, had it retained the risks, or portion thereof, rein- 
sured, and that the ceding company has included in its 
liabilities the actual unearned portion, on a monthly pro 
rata basis, of the gross premiums on the risks, or portion 
thereof, not reinsured. In case the reinsurance is effected by 
a company as a preliminary step to its permanent retirement 
from business, its gross premiums on risks in force may be 
reduced by the amount of the original gross premium of 
the ceding company on the risks reinsured, — so that the 
tTr^Iuf&^e, fii'st paragraph of said section will read as follows : — If 
^'''- a company authorized to transact the business of insurance 

in this commonwealth directly or indirectly contracts for 
or effects any reinsurance of any risk or part thereof taken 
by it, it shall make a sworn report thereof to the insurance 
commissioner at the time of filing its annual statement or 
at such other time as he may request ; and such reinsurance 
unless effected in companies authorized to transact in this 
commonwealth the class of business reinsured shall not 
reduce the taxes to be paid by it nor the reserve to be 
charged to it. Such reinsurance shall reduce the gross 
premiums on risks in force upon which a reserve is to 
be carried by the ceding company only by the actual 
amount paid or payable by it for the reinsurance, plus 
the commission, if any, allowed by the reinsuring company 
on account of such reinsurance, except that the gross pre- 
miums of the ceding company on risks in force may be 
reduced by the amount of the gross premium of the ceding 
company on the risks, or portion thereof, reinsured, upon 
presentation of evidence satisfactory to the insurance com- 
missioner that the reinsuring company has included in its 
liabilities the full reserve on the risks, or portion thereof, 
reinsured, which the ceding company would by law have 
been required to carry, had it retained the risks, or por- 
tion thereof, reinsured, and that the ceding company has 
included in its liabilities the actual unearned portion, on a 



Acts, 1909. — Chap. 346. 295 

monthly pro rata basis, of the gross premiums on the 
risks, or portion thereof, not reinsured. In case the rein- 
surance is effected by a company as a preliminary step 
to its permanent retirement from business, its gross pre- 
miums on risks in force may be reduced by the amount 
of the original gross premium of the ceding company on 
the risks reinsured. ' Approved May 3, 1909. 

An Act to require dealers in cigarettes to post (JJi^^ 346 

CERTAIN notices. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter two hundred and ^j^J^^jJ^^- * 3' 
thirteen of the Revised Laws is hereby amended by adding 
at the end thereof the following : — A copy of this section 
printed in letters not less in size than 18 point capitals, 
bold face, shall be posted conspicuously in the shop or 
other place of sale used by any person selling cigarettes at 
retail, and whoever violates this provision shall be pun- 
ished as above prescribed, — so as to read as follows : — 
Section 3. Whoever sells a cigarette to a person under Penalty for 
eighteen years of age, or whoever sells snuff or tobacco in rettes or'^to'- 
any of its forms to a person under sixteen years of age, minora!'*''" *° 
or, not being his parent or guardian, gives a cigarette to a 
person under eighteen years of age, or gives snuff or to- 
bacco in any of its forms to a person under sixteen years 
of age, shall be punished by a fine of not more than fifty 
dollars. A copy of this section printed in letters not less 
in size than 18 point capitals, bold face, shall be posted 
conspicuously in the shop or other place of sale used by 
any person selling cigarettes at retail, and whoever violates 
this provision shall be punished as above prescribed. 

Section 2. It shall be the duty of the police depart- P^p^ °^ L'^'^ j*p° 
ment of cities and towns where such exist, and of con- 
stables in towns not having a police department, to see 
that a copy of the said section three, as above amended, 
is posted in a conspicuous place where it can easily be 
read, in every shop or place where cigarettes are sold at 
retail. Any person unlawfully removing the said copy 
while cigarettes are still sold on the premises where it is 
posted shall be subject to a penalty of ten dollars. 

Section 3. Copies of the said section, printed as above copies to be 
specified, shall be prepared by the state board of health, thrboaTdof 

health. 



296 Acts, 1909. — Chap. 347. 

and shall be delivered without charge to the cities and 
towns ajipljing for them. 
When to take Section 4. This act shall take effect sixty days after 
its passage. Approved May 3, 1909. 

Chap.347 An Act to dissolve certain corporations. 

Be it enacted, etc., as follows: 

dPsaoi^d.*^"^ Section 1. Such of the following named corporations 

as are not already legally dissolved are hereby dissolved, 
subject to the provisions of sections fifty-two and fifty- 
three of chapter four hundred and thirty-seven of the acts 
of the year nineteen hundred and three : - — • 

A. B. & E. L. Shaw Company. 

A. B. Cox Leather Company. 

A. D. Windle Carbonizing Company. 

A. F. Stowe Manufacturing Company. 

A. G. Frothingham Company. 

A. H. Linscott Company. 

A. K. Mann Co., The. 

A. L. Blackmer Company, Incorporated, The. 

A. L. Picard Company. 

A. S. Tucker Company, The. 

A. W. Cheney Express Co. 

A. W. Merrow Company, The. 

Abell Speedometer Company. 

Acetylene Construction Company, The. 

Acme Broom Company. 

Acme Foundries Company, Inc. 

Acme Thread Works. 

Acme Wire Mattress Co., The. 

Adams Bobbin & Spool Company. 

Adelphian Print Shop, Incorporated. 

Adjustable Mast-Hoop Company. 

Advance Polish Mfg. Co. 

Aero Cooling and Humidifying Company. 

Aetna Loan Company. 

Aid-Ant Remedy Company. 

Ajax Concrete Stone Company. 

Ajax Specialty Company. 

Alameda Luncheon Company. 

Alberta Land & Wheat Company. 

Alexander Clark Company. 



Acts, 1909. — Chap. 347. 297 

Alexander ComjDanj. Corporations 

Alger, Macfarlane Company. ^aaove . 

Allen-Higgins Company. 

Allen Machine Company. 

Allston Drug Company, The. 

American Automatic Advertising Company. 

American Auto-Parts Company. 

American Auxiliary Marine Engine Corporation, The. 

American Bridge and Structural Preserving Company. 

American Essential Oil Company. 

American Folding Box Co. 

American Genealogy Association (Inc.). 

American Horse Remedy & Food Co. 

American Law Association, Inc., The. 

American Loan Company. 

American Lock Xut Company. 

American Manifold Book Company. 

American Mezzo-Tint Company. 

American Newspaper Cartoonists, Incorporated. 

American Paper Bag Company. 

American Parafelt Company, The. 

American Pin Timber Company, 

American Slate Company. 

American Telemetre Company. 

American Vote Bond Company. 

Annable-Hambly Company. 

Aronson Brothers, Inc. 

Asa R. Minard & Company, Incorporated. 

Asbestos Fabric Company. 

Ashland Enameled Paper Company, The. 

Associated Law Clubs, The. 

Associated Stock Exchange of Boston. 

Atlantic Brass and Iron Foundry. 

Atlantic Coast Supply Company. 

Atlantic Grain and Export Company. 

Atlas Fiber Company. 

Auburn Broken Stone Company. 

Auro Company, The. 

Austin and Winslow-Gallagher Express Company. 

Authors Club and Publishing Association, Inc. 

Automatic Electrical Fog Signal Company. 

Automatic Glass Lock Company. 

Automobile Sales Company, The. 



298 Acts, 1909. — Chap. 347. 

d^^Tvtd*'"^ Autopedic Shoeing Company. 

Autosterion Advertising Company (Inc.). 

Avery-Bates Company. 

Baker-Hunnewell Co. 

Baker Shoe Company. 

Baldwin & Whitcomb, Incorporated. 

Baldwin Pneumatic Cleaning Company. 

Baman Company, The. 

Bancroft Mill. 

Barnard-Briggs Mfg. Co. 

Bay State Broom Company. 

Bay State Brussels Company. 

Bay State Can Company. 

Bay State Clothing Company. 

Bay State Cordage Co. 

Bay State Engine Company. 

Bay State Investment Company. 

Bay State Leather Composition Company, The. 

Bay State Manufacturing Company. 

Bay State Metal Works. 

Bay State Mushroom Company. 

Bay Wrecking Company. 

Bayley Carriage Yoke Company. 

Beacon Electric Company. 

Bedford Hat Company. 

Belmont Coal Company. 

Bentley Optical Company, The. 

Berkshire Automobile Company. 

Berkshire Construction Company. 

Berkshire Motor Car Company. 

Berkshire Publishing Company. 

Berkshire Specialty Company. 

Bijou Amusement Company. 

Blackstone Market Company. 

Blake Electric Company. 

Blake Granite Company. 

Blanchard, King & Oliver Company. 

Blanchard Linotyping Co. 

Bloodine Company, The. 

Bloomberg Brothers Co. Inc. 

Bolivian Supply Company. 

Bond Wire Cloth Company. 

Bonding and Operating Co. 



Acts, 1909. — Chap. 347. 299 

Booth & Company, Incorporated. db^ived!""^ 

Borelli Silk Company, The. 

Borison Cantor Company, The. 

Boston Advertising Company. 

Boston Association of Licensed Automobile Dealers, 

Incorporated. 
Boston Auto School (Inc.). 
Boston Automobile Eenting Company. 
Boston Barbering Company. 
Boston Chemical Products Co., The. 
Boston Clothing Company. 
Boston Colosseum Company, The. 
Boston Construction and Supply Company, The. 
Boston Construction Company. 
Boston Dental Depot (Incorporated). 
Boston Distributing Company. 
Boston Electric Vaudeville Company. 
Boston Emergency Service, Inc. 
Boston Film Exchange, The. 
Boston Finance Company Incorporated. 
Boston Fire Patrol and Emergency Company. 
Boston Fruit Company. 

Boston Institute of Physical Culture, Inc., The. 
Boston Junk Company, The. 
Boston Leather Trimming Company. 
Boston Lyceum Course Company. 
Boston Mechanical Company. 
Boston Medical Institute. 
Boston Newspaper Cartoonists, Incorporated. 
Boston 1 to 25 Cent Stores Company. 
Boston Parlor Suit Company. 
Boston Pop Corn Works Company. 
Boston Post-Card Company. 
Boston Publishing Company. 
Boston-Siam Tin Company. 
Boston Suburban Express & Parcel Company. 
Boston Trading Company. 
Boston True Flag Publication Company. 
Boston Waste Company. 
Bowen Manufacturing Company. 
Box Makers Exchange. 
Bridge Street Market Company. 
Briggs Seaver Company. 



300 Acts, 1909. — Chap. 347. 

dbaSived""^ Brigliam Woolen Company, Inc. 

British-American Company, The. 
British-American Land & Development Company. 
Broadway Five and Ten Cent Store, Inc., The. 
Brockton Beef Company. 
Brockton Roller Skating Company. 
Brockton United Co-operative Grocery Company. 
Bromfield Inn Company. 
Broughton Asbestos Fibre Company. 
Brown Couch Bed Corporation. 
Brown Hill Mining Co. 
Buchanan Amusement Company, The. 
Buck-Price Company. 
Burmester Rubber Company. 
Burnett Paint Company. 
Butman & Stone Company. 
C. and C. Tool and Machinery Company. 
C. E. Woodward & Co. Incorporated. 
C. Fred Hard Insurance Agency, Incorporated. 
C. H. Crosby Co. 
C. H. Jordan Company. 
C. H. Russell Grocery Company. 
C. L. Hoyt Company, The. 
C. M. Clark Publishing Company. 
C. P. Alden and Son, Incorporated. 
C. S. Viall Chair Company, The. 
C. W. Moore Company. 
C. W. Rice Company. 
C. W. Spencer Company. 
Calhoun & W^itherbee Company. 
Callahan Supply Company. 
Cambridge Amusement Company. 
Cambridge Co-operative Press. 
Cambridge Lithuanian Cooperative Association. 
Cambridge Shoe Repairing Company, Incor^Dorated, 

The. 
Campello Carriage and Harness Company. 
Cape Cod Transportation Company, The. 
Cape Poge Ferry Company. 
Capitol Wine and Spirit Company. 
Captive Wild Duck Flying Machine Company, The. 
Carpenter Manufacturing Company, The. 
Carruth-Willard Wine & Grocery Company. 



Acts, 1909. — Chap. 847. 301 

Cassidy Medical Company. Corporations 

Castle Square Amusement Company. '^^°^^ ' 

Catholic Music Publishing Company, The. 

Caton Medical Specific Company. 

Cedar Street Grocery Company. 

Central-America Banana Company. 

Central Lumber Company. 

Central Manufacturing Company. 

Century Light Company of America. 

Chambers Wood Stain and Polish Company, Inc., The. 

(Org. 1905.) 
Chambers Wood Stain and Polish Company, Inc., The. 

(Org. 1906.) 
Charak Brothers Company. 
Charak Tea Company. 
Chas. A. Jenkins Company. 
Charles A. White Company. 
Charles B. Osgood Company, The. 
Chas. E. Brown Publishing Company, The. 
Charles P. Kelly Company. 
Charles 11. Joyce Company. 
Charles H. Merrill Company. 
Charles Holmes Machine Company. 
Chester F. Rice Company. 
Chester Manufacturing Company. 
Chicago Amusement Company. 
City Directory Corporation. 
City Laundry Company. 
Clara Barton Mining Company. 
Clark-Clary Publishing Company. 
Clark-Sheldon Printing Co. 
Clark-Smith Company. 

demons Electrical Manufacturing Company. 
Clifford Barber Supplies Company. 
Climax Lubricator Company, The. 
Clinton D. Martin Company. 
Coal Consumers Association of Lawrence, The. 
Cobalt Investment & Engineering Company. 
Cobleigh Comb Company. 
Cochin Company. 
Coffin Valve Company. 
Cohen Stable Co. Inc., The. 
Coliseum Amusement Co., The. 



302 Acts, 1909. — Chap. 347 



dfssoivtd.*'"^ Colonial Diamond Mining Company. 

Colonial Drug Company. 

Colonial Engineering & Construction Company, The. 
Colonial Eubber Company. 
Columbia Counter Company. 
Columbia Grocery Company. 
Columbia Shade Cloth Company. 
Columbian Tobacco Company. 
Commercial Corporation. 
Commercial Printing & Binding Company. 
Commonwealth Clothing Company. 
Commonwealth Machine Company. 
Commonwealth Vending Machine Company, The. 
Concrete Block Co. 
Confection Food Company. 
Connecticut Valley Grain Company. 
Conners Brothers Construction Company. 
Consolidated Chemical Company. 
Consolidated Cranberry Company. 
Consolidated Drug Stores Company, The. 
Consolidated Realty Company. 
Constant Ventilator Company. 
Consumers' Coal Co. 
Consumers' Milk Company. 
Cooke's, Inc. 

Coolidge Corner Associates (Incorporated), The. 
Cooperation Building Company. 
Cooperative Store Company. 
Corbin Car Company of Boston. 
Corn Crystal Company. 
Cornell Stocking Corporation. 
Corona Kid Company. 

Corporation Finance & Investment Company. 
Corporation Trust and Investment Company. 
Corrugated Still Company. 
Crandall Inventions Company. 
Credit Adjustment Company. 
Creditors' Law and Protection Co., The. 
Criterion Company, The. (Org. 1907.) 
Crown Dyeing Company. 
Crown Luncheon Company, The. 
Crown Soap Works Inc., The. 
Crucible Steel Company of Massachusetts. 



Acts, 1909. — Chap. 347. 303 

Crystal Lake Hotel & Lumber Company. Corporations 

Cumberland Lumber Company. dissolved. 

Cunningham Engineering Company, The. 

Cunningham Iron Company. 

D. II. Cornell Packing Company, The. 

D. L. Marshall Company. 

D. W. Hunt Company Inc., The. 
Daggett Eemedy Company, The. 
Daily Commercial Company. 
Dalton & Hill Inc. 

Dana Confectionery Company. 

Danvers JSTews Company. 

Darby Manufacturing Company. 

Davis & Dudley Ice Cream Company. 

Davis Construction and Machinery Company, The. 

Davis Cut Sole Company. 

De Long Box & Lumber Company, The. 

Deery Process Leather Company. 

Demoris Brothers Company. 

Demosthenes K. Reveleotes Company. 

Dennis and Carroll Company. 

Diabolo Company. 

Dice Puzzle Company. 

Dickinson Hard Rubber Company. 

Dietz Engineering Company. 

Dingle, Wetherbee Company. 

Discount Advertising Company. 

Dr. Geo. W. Swett Company. (Org. 1906.) 

Dr. Weinstein's Medical Offices, Inc. 

Dodge-Spear Co. 

Dover Furnace Company. 

Draper Publishing Company. 

Dudley Auto School Co. 

Dunklee Company. 

Dunster Cafe, Incorporated, The. 

Dunton Printing Company. 

Duo Motor Company, The. 

Dupalet, Incorporated. 

Dupuis Manufacturing Co. 

Dustin Pile Carpet & Plush Company. 

Dwight Automobile Company. 

E. A. Hale Company. 

E. A. Whitney Company. 



304 Acts, 1909. — Chap. 347. 

dSKd!"''^ E. C. Sands Company, The. 
E. E. Worcester Press. 
E. F. Young Company. 
E. Gerry Emmons Corporation. 
E. J. Salisbury Company, The. 
E. K. B. Garter Co., The. 
E. P. Fowle Company. 
E. Kussell Company. 
E. S. Ensign Company, Ltd. 
E. T. Cowdrey & Co., Inc. 
E. T. Kicker Shoe Company. 
E. W. Stuber & Co., Inc. 
Eagle Express Company. 
Eagle Overall Company. 
Earle Chemical Company. 
Earthworks Company. 
Eastern and Western Woolen Company. 
Eastern Earm Company. 
Eastern Eorge Co. of Massachusetts. 
Eastern Motor Vehicle Company. 
Eastern Optical Company. 
Eastern Press Company, The. 
Eastern Press, Incorporated, The. 
Eastern Souvenir Company. 
Eastern Supply Company. 
Eaton Leather Company. 
Economy Shoe Company, The. 
Edgar P. Lewis Confectionery Company. 
Edison Electric Illuminating Company of New Bed- 
ford, The. 
Edlund Floor Surfacing Machine Company. 
Edward J. Walsh Company. 
Edwardes and Merrill Company. 
Edwin C. Fisher Company. 
Electric Cable Joint Company. 
Electric Confection Company. 
Electric Shoe Cleaning Machine Company. 
Electro Gravity Clock Co. 
Elgin Churning Company. 
Eliot Clothing Company. 
Ellis Foundry Company. 
Elm Stock Farm, Inc. 
Elo Cooperative Grocery Company. 



Acts, 1909. — Chap. 347. 305 

Elwell Shoe Company. Corporations 

Emergency Medical Company. "^^"^^ " 

Empire Express Company. 

Employers and Employees Cooperative Bureau (Inc.). 

Equal Division Prospecting and Developrnent Company. 

Equitable Security Company, The. 

Essex Contracting Company. 

Essex Express Company. 

Essex Leather Company. 

Essex Paper Company, The. 

Eureka Button Company. 

Evans Apartment Company. 

Everett Home Laundry Company. 

Everett Hospital and Sanitarium Company. 

Excelsior Laundry Company. 

Excelsior Laundry of Salem, Inc. 

Excelsior Leather Company. 

Excelsior Mills. 

E. A. Clark Company. 

F. C. Maude Company. 

F. E. Lake Piano Company. 

F. H. Danforth Company. 

F. H. Roberts Company. ' 

F. P. McGlynn Company. 

F. X. Brunelle ]\Ianufacturing Company. 

Fall River Cold Storage Company. 

Fall River Ice Cream Company. 

Fall River Quarry & Construction Company. 

Family Grocery Co., The. 

Family Medical Protective Association, The. 

Famous Clothing Company. 

Fashion Stores Company, The. 

Federal Underwriting & Finance Co. 

Fellner Company. 

Ferd C. Baker Painting Company. 

Ferrofix Brazing Company. 

Fibre Grass Company, The. 

Fidelity Carbon Paper Company. 

Fidelity Listed Securities Corporation. 

Fitchburg Auto-Transit Company. 

Fitzpatrick Shoe Company. 

Flanders Shoe Company. 

Fletcher Aluminum Xovelty Company. 



306 Acts, 1909. — Chap. 347. 

S?ved.''°' Flexible Urinal Joint Company, The. 
Florida Develoi^ment Corporation. 
Flower Brothers Medical Company. 
Follett Wool Company. 
Ford Silicate Stone Company. 
Fore Eiver Company. 
Foreign Language Press. 
Foster Manufacturing Company. 
Fox's 'New Custom Laundry Company. 
Frances Manufacturing Company. 
Frances Mining Co., The. 
Frank Preble Paper Company, The. 
Fred J. Read Corporation, The. 
Frederick Taylor Company. 
French-American Fishery Company. 
French Remedies Company. 
Furbush-Lewis Company, Inc. 
G. C. Jewell & Son Company. 
G. E. Brown Building Company. 
G. F. Frost Coal Company. 
G. Ferullo Company. (Org. 1905.) 
G. W. D'Arcy Company, The. 
Geisel Automobile Company. 
George A. Sutherland Company. 
Geo. C. Bosson, Jr., Company. 
Geo. C. Gill Paper Company, The. 
George Couzoules Ticket Company Incorporated. 
George G. Norris Company. 
George H. Wood Company. (Org. 1889.) 
George L. Belledeu Company. 
Geo. L. Tulloch Co. 
George W. Beardsley Piano Company. 
George W. Justus Company, The. 
George Whitney Woolen Company. 
German American Printing Cooperative Association, 

The. 
Gifford-Pinel Company. 
Gihon Brothers' Manufacturing Company. 
Oilman Hat Company, The. 
Glass Printing Company. 
Glidden Varnish Company of Boston, The. 
Globe Corset Company. 
Golden Wine Company, The. 



Acts, 1909. — Chap. 347. 307 

Gonia Bowling-Alley Surfacing Machine Company, The. Corporations 

Good Hope Packet Company. '^'''°'""^- 

Goodrich Construction Company. 

Gordon and Company, Inc. 

Gorman Commission Company, The. 

Graham's Automobile Spring and Ajjpliance Company. 

Granite State Box Company. 

Grant and liinkley Lumber Company. 

Gray Envelope Company. 

Green Harbor Hotel Company. 

Greene Electric Light, Power and Manufacturing Com- 
pany, The. 

Greenfield Credit Exchange (Incorporated), The. 

Grill, Incorporated, The. 

Guardsman Publishing Company, The. 

H. A. Seavey Company. 

H. D. Comerais Motor Car Company, The. 

H. E. Webster Company. 

H. H. Eernald Company, The. 

H. J. Quimby Freight Forwarding Company, The. 

H. K. Lyman Company. 

H. M. Milliken & Co., Incorporated. 

H. M. Upham Company. 

H. P. Wheatley Shoe Company. 

H. Rubin and Son, Inc. 

Hadley Tornado Proof Building Company. 

Hale Leather Company. 

Halebrook Manufacturing Co. 

Halifax & Suburban Railway Construction Company. 

Hall Manufacturing Company. 

Hampson-Nicholls Company. 

Hanover Hardware Company. 

Harbor Towing & Supply Company. 

Harmon Equitable Loan Co. 

Harrington Ring and Traveller Company. 

Harrington's Auto Station ISTo. 1. 

Harris-Fitch Company, The. 

Harshbarger Technic and Industrial College of Ladies 
Garment Making, The. 

Har\'ard Lunch and Catering Company. 

Harvey & Gage Amusement Company. 

Harvey Manufacturing Company. 

Hathaway Amusement Corporation. 



308 Acts, 1909. — Chap. 347. 

Cp^orations Hathaway Book Binding Company, The. 

Hathaway Soiile & Harrington Incorporated. 

Hawks' Bay Lumber Company. 

Hawley Clothing Co., The. 

Hayden Photographic Manufacturing Company. 

Health Protective Union, Inc. 

Hedlund Cooperative Shoe Company. 

Help Yourself School, Incorporated. 

Henderson Manufacturing Company. 

Henry Adams Pharmaceutical Company, The. 

Henry Manufacturing Company. 

Hercules Belt Lacing Company, The. 

Herr and Eaftus Co. 

Higgins and Gifford Boat Manufacturing Company. 

Higgins, Snow Company. 

High Grade Premium Company. 

Highland Baking Company. 

Hill Amusement Company (Inc.). 

Holly-Kendall Co., The. 

Holman-Paige Shoe Company. 

Holmes Brothers Building Company. 

Holmes Knitting Company. 

Holmes Market Co., The. 

Holmes Motor Vehicle Company. 

Holton Stamp Company. 

Holyoke Provision and Cold Storage Company. 

Holyoke Pythian Building Association, The. 

Holyoke Snath Company. 

Home Newspaper Publishing Company. 

Honeycomb Mining Company. 

Horace E. Smith Company. 

Horace S. Johnson & Co. Incorporated. 

Houseboat Vacation Company. 

Howe Spring Mattress Company. 

Hub Amusement Company, The. 

Hubley Manufacturing and Supply Company. 

Hudson River Paper Company. 

Hurll Company. 

LIuxham Pad Company, The. 

Hyde and Court Advertising Company. 

Hydriad Manufacturing Company, The. 

L S. Lion Paper Co. 

Ideal Butter Cutter Co., The. 



Acts, 1909. — Chap. 347. 309 

Imperial Storage Battery Company. di°ssoived°°^ 

Improved Blind-Hinge Manufacturing Company, The. 

Improved Cue Tip Company. 

Incorporation and Audit Company. 

Independent and Auxiliary Gas Company, The. 

Independent Cigar and Tobacco Co. 

Independent Company. 

Insinger Company, The. 

Intaglio Plate Company. 

International Asbestos Co., The. 

International Clothing Company. 

International Development Company. 

International Fibre Company. 

International Patents Company. 

International Printing Press Company. 

International Supply Company of New England. 

Interstate Gas Illuminating Company. 

Interstate Packing & Provision Company. 

Inter-Urban Amusement Company, The. 

Intervale Sanatorium, Inc. 

Invincible Renovator Sales Company. 

Italian Cooperative Association of America. 

J. B. Cook Piano Company. 

J. B. Holtz Company, Incorporated. 

J. C. Cowles Company. 

J. C. Gillman Company. 

J. C. Heymer & Son Company. 

J. F. Gearan Drug Company. 

J. F. Kimball Company. 

J. G. McCarter Company. 

J. H. Butler Lumber Company. 

J. H. Costello Company. 

J. H. Low Company. 

J. J. Colan Company, The. 

J. J. Kennedy Liquor Co. 

J. J. Round Company. 

J. J. Warren Company. 

J. Jacobs Company. 

J. L. Goding Company. 

J. L. Wolfe ^Shoe Co. 

J. M. Murray & Company, Incorporated. 

J. N^. Pike Company. 

J. P. & W. H. Emond (Incorporated). 



310 Acts, 1909. — Chap. 347. 

cprporationa j^ p_ Foley Co., The. 

J. p. Thwing Company. 
J. K. Qualey Granite Company. 
J. W. Doty Cigar Co. (Inc.). 
Jackson Dick Company. 
Jackson Manufacturing Company. 
Jamaica Plain Automobile Company. 
James G. Tarr Fish Glue and Marine Paint Corpora- 
tion. 
James S. Wells Company. 
James Solomont and Bros., Inc. 
Jas. W. Gifford Company. 
Jap Fly Trap Company. 
Jewett Cove Ice Company. 
John A. McPherson Company. 
John J. Kingsley, Inc. 
John S. Jacobs & Son Co. 

Johnston Chemical Compounding Company, The. 
Jordan Photographic Company. 
Joseph M. Daly Music Publishing Company, The. 
Joseph Eoss Corporation. 
Justin F. Bartlett Company. 
Kedzie Manufacturing Company, The. 
Keene Screen Company, The. 
Kempster Antifriction Roller Bearing Company. 
Kenney Hotel Company. 
Keyes-Iving-Greenlaw Company. 
Kilbourn Faucet Co., The. 
Kimball Hadley Company, The. 
King Barrel Company, The. 
King Chemical Corporation. 
King Factories, Inc., The. 
Kingston Produce Company. 
Kitson Machine Company. 
Klein's Pharmacy. 

Knight and Munsie Chemical Company. 
Knowles Loom Works. 
L. A. Littlefield Silver Company. 
L. H. Berman & Co. Inc. 
L. L. Rounseville Company. 
L. Sprague Company. 
L. W. Davis Cut Sole Company. 
Lake Maranacook Hotel, Cottage and Camp Company. 



Acts, 1909. — Chap. 347. 311 

Lake Piano Company. Corporations 

Lakeside Improvement Company. '^^'^^^ " 

Lakeside Shoe Company. 

Lamitie Dry Goods Company. 

Las Palmas Cassava Starch and Cattle Company. 

Lawn Crest Inn Company. 

Lawrence Construction Company. 

Lawrence Shuttle Company. 

Lawrence Spool and Bobbin Company, The. 

Lawyers Information Bureau. 

Le Clair Restaurant Company, Incorporated. 

Le Courrier Publishing Company. 

Le Franco-Americain Publishing Company. 

Leather Products Company. 

Leland Manufacturing Company. 

Leo E. Bova Company. 

Leominster Coal Company. 

Leominster Hardware Company. 

Levine Brothers' Shoe Company. 

Lewis Shoe Company. (Org. 1905.) 

Lexington Associates, The. 

Lincoln-Littlefield Hat Company. 

Linham Lumber Company. 

Liquid Wall Paper Company. 

Lombard Instrument Company. 

Lopas Company, The. 

Lorora Manufacturing Company. 

Louis W. Cutting Company. 

Lowell Scale Company. 

Luxemoor Company, The. 

Lyman A. Bowker Company. 

Lynn Box Company. 

Lynn Re-Toe Last Company. 

L,jjni Tube Trolley Track Company. 

Lynn Wood Works Company. 

Machado Company, The. 

Machinery Supply Company, The. 

MacKenzie & Hodgkin Company. 

Magazine Company, The. 

Magic Bridge Company. 

Main Mercantile Agency, Inc. 

Maiden Drug Company. 

Maiden Loan Company. 



312 Acts, 1909. — Chap. 347. 

d°sso?ved!°''^ Manhattan Lunch Company. 

Manufacturers' Association, The. 

Manufacturers Union Company, The. 

Marblehead I^eck Club Stable Company, The. 

Marble-ite Company, The. 

Marlborough Equipment Company. 

Marley Brothers Company. 

Marsh Press Co., The. 

Marshall Electric Manufacturing Company. 

Martin Bates and Sons, Inc. 

Martin Shoe Machinery Co. 

Martin Skate Company. 

Marxe & Hull, Incorporated. 

Mashgara Unity Association. 

Mason Shoe Company, The. 

Massachusetts Abstract Company. 

Massachusetts Adjustment and Investigation Bureau, 

The. 
Massachusetts Amusement Company. 
Massachusetts ^Vudit Company. 
Massachusetts Ball and Machine Company. 
Massachusetts Brass & Iron Company. 
Massachusetts College of Physical Culture Co. 
Massachusetts Electrical Equipment Company. 
Massachusetts Investors Security Company. 
Massachusetts Merchandise Company. 
Master Soap Co. 
Mather Loan Co., The. 
McCune Auto Company. 

McNutt's Island Hotel and Excursion Co., The. 
Meadow Brook Farm Company. 
Med-Bow Automobile Company. 
Medfield Manufacturing Company. 
Medway Woolen Company. 
Mellish and Byfield Comj)any Incorporated. 
Melrose Ice Company. 
Mercantile Law and Collection Company. 
Merchants Advertising Coupon Company. 
Merchants' Furniture Exchange. 
Merchants' Supply Company. 
Merrill Piano Company, The. 
Merrimack Piano Stool Company. 
Merry Job Print, Incorporated. 



Acts, 1909. — Chap. 347. 313 

Metropolitan Building and Repair Company. df^w^d""^^ 

Metropolitan Lumber Company. 

Metropolitan Wood Company, Incorporated. 

Middlesex Horse Association, The. 

Middlesex Knitting Mills. 

Middlesex Manufacturing Co. 

Middlesex Shoe Company. 

Milford Machine Company. 

Miller College of Sign Art, Inc. 

Miller Co., The. 

Mills and Knight Company. 

Mills Smith Company. 

Milton Company. 

Misses Glantzberg, Incorporated, The. 

Model, Incorporated, The. 

Model N^eckwear Company. 

Modern Methods Company. 

Mohawk Manufacturing Company. 

Monarch Oil Company, The. 

Montague Co-operative Creamery Association, The. 

Moore-Prentiss Agency, Incorporated, The. 

Morgan Manufacturing Company. 

Morse International Agency. 

Morse-Purce Co. 

Moselle Wine Company, The. 

Moss Florist Company. 

Motor Amusement Company. 

Motor Supplies Company. 

Mount Desert Lumber Company. 

Mount Hope Iron & Steel Manufacturing Company. 

Mount Peak Mining and Chemical Company. 

Multiple Annunciator Company. 

Multiple Phonograph Company. 

Multiplex Automatic Advertiser Company. 

Municipal Wastes Disposal Company, The. 

Munkley and Company, Inc. 

Munroe and Knight Machine Screw Company. 

Musola Company, The. 

Mutual Investment Company. 

Mutual Oil Company of Illinois. 

'N. B. Lindsey Company. 

'N. C. Skilton Company. 

N. E. Woods Company. 



314 Acts, 1909. — Chap. 347. 

dZived"°' ^- J- Hardy Company. 

N. R. B. Cigar and Tobacco Company, The. 

N. W. Taylor & Son's Company. 

iNantasket Transportation Company, The. 

^National Amusement Company. (Org. 1907.) 

J^ational Conpon Company. 

^National Discount Company. 

^National Fire Appliance Company. 

National Lithograph Company, The. 

National Milling Company. 

National Press Bureau Inc. 

National Registry Bureau and Realty Company. 

National Registry Company. 

National Screw Company, The. 

National Spiral Fire-Escape Company, The. 

National Tire Company. 

National Window Cleaning Machine Company. 

Naumkeag Express Company. 

Naumkeag Paper Company. 

Navajo Securities Company. 

Nelson Manufacturing Company. 

Neosho Manufacturing Company. 

Neponset Distributing Company. 

New Bedford Cooperative Coal Company. 

New Bedford Gas Engine Company, Incorporated. 

New Bedford Granite Company. 

New England Abrasive Company, The. 

New England Adamant Securities Company. 

New England Automobile Equipping Company. 

New England Coal Company. 

New England Comb Co., Incorporated. 

New England Dairy & Machine Company. 

New England Dairy Supply Company. 

New England Dredging Company. 

New England Eifectile Company. 

New England Fibre Company. 

New England Furniture Manufacturing Company. 

New England Heating Co. 

New England Hen Nest Manufacturing Company. 

New England Inspection Company. 

New England Iron & Steel Corporation. 

New England Laundry Supply Company. 

New England Law Protective Association. 



Acts, 1909. — Chap. 347. 315 

New England Lubricator Company. Corporations 

New England Narrow Fabric Co. '*'''°'^"'^- 

New England Newspaper Cartoonists, Incorporated. 

New England Note-Discounting Associates, Inc. 

New England Novelty Photograph Company. 

New England Office Appliance and Business Systems 

Show, Inc. 
New England Office Supplies Company. 
New England Printing and Engraving Company. 
New England Ramie Manufacturing Company. 
New England Shoe Repairing Machinery Company. 
New Hamj^shire Ice & Fuel Company. 
New Process Dyeing Company, The. 
New Western Reduction Company. 
New York Hide & Leather Company. 
News Clearing House Company. 
Nichols-Magee Construction Company. 
No-Leak Fountain Pen Company. 
Norfolk County Creamery Company. 
North Adams American Hospital Aid Association, The. 
North Adams Co-operative Association, The. 
North Eastern Lumber Company. 
North End Express Company. 
North End Garage Company. 
North End Shoe Store, Incorporated. 
North Shore Electric Company. 
Northampton Sales Co. 

Northeastern Sheep Raising Company, The. 
Northern Automobile Agency. 
Northern Leather Company. 
Northern Machine Company. 
Northern Paper Mills Company. 
Nova Scotia Mining and Smelting Co. 
Nowlan Mailing Co., The. 
O. D. Brett Company. 
Observation Auto Company. 
O'Donnell Company, The. 
Office Men's Registration Bureau, Inc. 
O'Gara Construction Company. 
O'Keefe Cloak Company, The. 
Old Colony Antique Company. 
Old Colony Development Company. 
Old Colony Silver Company. 



316 Acts, 1909. — Chap. 347. 

di'saoi'ved!'"'" Orange Cash Grocery Company. 

Oriental Hall Association. 
Oriental Hammock Company. 
Osterhoiit Livery Company. 
Otis Fibre Board Co. 
Otter Eiver Telephone Co. 
Owen Manufacturing Company. 
Owens Brothers Hillson Company. 
Oxford Angora Goat Company, The. 
Ox-0-Tonic Company, The. 

P. & R. Tea and Coifee Company (Incorporated), The. 
P. H. Comer Company. 
P. R. Bean Furniture Company. 
Page-Taylor Mfg. Co., The. 
Paralok Binder Company. 
Parker Chemical Company. 
Parmalee Ink Company, The. 
Passmore Gem Company, The. 
Paul Revere's Ride Co., The. 
Peabody Company, The. 
Penn. Automobile Supply Company. 
Pentecost Gravity Elevator Company. 
Peoples Express Company of Bellows Falls and Gard- 
ner, The. 
People's Legal Security Company. 
Peoples Lumber and Manufacturing Co. 
People's Telephone Company, The. 
Pepperell Manufacturing and Building Company. 
Peptett Dyspepsia Cure Company. 
Percy & Morse Publishing Company. 
Percy Rug Company. 
Perkins Hotel Company. 
Perry Medicine Company. 
Petrillo Clock Co., The. ' 
Phillips Heating & Supply Co. 
Physicians' Publishing Co. 
Pickering Manufacturing Company. 
Pigeon Cove Harbor Company. 
Pike Manufacturing Company. 
Pileoff Drug Company. 
Pilgrim Investment Co. 
Pillman Hose-Reel Company. 
Pinault Company, The. 



Acts, 1909. — Chap. 347. 317 

Pine Needle Company. Corporations 

Pinkham Construction Company. ^'^^°'"^^- 

Pittsfield Cooperative Store. 

Pleasant Street Associates, Incorporated. 

Plymouth County Cranberry Company. 

Plymouth Woollen and Cotton Factory, The. 

Point of Pines' Attraction Company. 

Point of Pines Park, Incorporated. 

Pond Machine Tool Company. 

Ponemah Shuttle Co. 

Portuguese Supply Company. 

Position Exchange, Incorporated. 

Postage Stamp Register and Holder Company, The. 

Powell Press Company, The. 

Pratt Construction and Engineering Company. 

Premier Manufacturing Company. 

Preston Piano Company. 

Progress Amusement Company. 

Progressive Publishing Company, The. 

Public Stock and Grain Company. 

Pure Evaporated Food Company of Massachusetts. 

Puritan Cloak and Clothing Company. 

Puritan Construction Company. 

Puritan Food Manufacturing Company, Inc. 

Puritan Furniture Company. 

Pushin Hook & Eye Company, The. 

Putnam J^ail Company. 

Pyro Art Company. 

Quaker Machine Company. 

Quansett Spinning Company. 

Quincy Public Market Co., The. 

R. P. Jones Co. 

Rand Dairy Lunch Company, The. 

Randall & Bridge, Incorporated. 

Randolph Clothing Company, The. 

Rawlins Glove Co., The. 

Read & Read Company. 

Reading Shoe Stock Co., Incorporated, The. 

Real Estate Information Bureau, The. 

Regal Mercantile Company. 

Reliance Manufacturing Company. 

Rhode Island Sanitary Dust Removing Company, The. 

Richmond-Goldman Company. 



318 Acts, 1909. — Chap. 347. 

cp/gP°;ation3 Eobert C. Biindy Company. 
Eobert I. Kendall Company. 
Roberts Company. 
Rockingham Brick Company. 
Rockingham Express Company. 
Rockland Company. 

Rockland Elastic Fabric Company, The. 
Rockland Factory Building Association. 
Rogers Airship Company. 
Rogers Amusement Company. 
Rogers & Co., Inc. 
Rogers Company, The. 
Rose Cures Company, The. 
Round Hill Stock Farm Company. 
Roxbury Catering Company. 
Royal Vending Machine Company, The. 
Rubo Company, The. 

Rufus Perkins Banking & Brokerage Company. 
Rush Motor Car Company. 
Russell Falls Paper Co. 
Russian Echo Publishing Company. 
Rust and Richardson Drug Company. 
S. Blackington Woolen Company. 
S. D. Munro Co., The. 
S. M. Scribner Paper Co., The. 
S. S. Grady Company. 
S. S. Grady Co., Ltd. 
S. S. Kilburn Co. 
S. Shriber Company. 
St. George's Brick Company. 
St. Lukes Electropathic Institute. 
Salary Loan Association. 
Salem and South Danvers Oil Company. 
Salem Gazette Company. 
Salem Machine I\}nives Company, The. 
Salem Mechanic Hall Corporation. 
Samuel A. Molin Drug Company. 
Sanders and Barrows Clothing Company. 
Sandler Mfg. Co. 
Sandwich Glass Company. 
Sargent Company. 

Sargent Teaming and Rigging Company. 
Sarkisian & Parker Co. 



Acts, 1909. — Chap. 347. 319 

Scandia Cooperative Grocery Company. Corporations 

Schirmer Hair Grower Company. dissolved. 

School of Employment, Ltd., The. 

Schweizer Fuel Saving Company. 

Scituate Polished Brick, Stone and Tile Company. 

Scotia Cranberry Company, The. 

Sea Wave Manufacturing Company. 

Security Finance Company. 

Selkwik Company, The. 

Selwyn Billiard Company. 

Selwyn Palm Room Company. 

Shadduck & Green Company. 

Sliailor Manufacturing Company. 

Shattuck's Men's Shop, Incorporated. 

Shawmut Granite Company. 

Sheffield Light and Power Company, The. 

Sheldon Corporation, The. 

Shirley L. Ames Co. 

Shoe Manufacturers' Auction Clearance Sale (Inc.). 

Silsby-Atwater Corporation. 

Silverease Company. 

Simplex Engine Company. 

Simplex Manufacturing Company. 

Single Stave Barrel Sales Company. 

Smith Brothers' Manufacturing Company. 

Smithfield Company, The. 

Smokerette Manufacturing Company. 

Snow & Davis Company. 

Somerville Grain Co. 

Somerville Sanitarium Company, The. 

Sommer Company. 

South Atlantic Trading Company. 

South Boston Amusement Company. 

South Boston Storage Warehouse Company. 

South Shore Garden Company. 

Sparrell Print, The. 

Spinney AVise Company. 

Springfield Eureka Hard Plaster Company, The. 

Springfield Machine Screw Company, The. 

Springfield Paper Box Company. 

Springfield Ruling Machine Company. 

Standard Emery and Polishing Wheel Company. 

Standard Extract Company. 



320 Acts, 1909. — Chap. 347. 

drs^iytd*""^ Standard Last Company. 

Standard Light Manufacturing Company. 

Standard Machine Company. 

Standard Manufacturing and Supply Company. 

Standard Paper Bag Company. 

Standard Polishing Wheel Company. 

Standard Steam Automobile Company. 

Standard Thermostat Equipment Company. 

Standard Utility Company. 

Stanley & White Automobile Company. 

Stanley Instrument Company. 

Star Coal Company. 

Star Last Company. 

Star Light Specialty Company. 

Star Luncheon Corporation. 

State Investment Company. 

State Street News Company. 

State Street Stock Company. 

Stephen Jennings Company. 

Sterling Slipper Company. 

Still River Slate and Manufacturing Company. 

Stone Express Company. 

Stone Wireless Construction Company. 

Strecker Press, Inc., The. 

Suffolk Construction Company. 

Suffolk Co-Press, The. 

Suffolk Print, The. 

Sullivan Tucker Company. 

Sunnyside Mining Company, The. 

Sunset Lake Hotel Company. 

Surgeons Light Appliance Company. 

Swedish Mercantile Co-operative Company, The. 

Sweezey Lumber Company, Inc. 

Swift River Paper Company. 

T. A. Peterson Company. 

T. B. Farmer Company. 

T. F. Tuttle Silver Company. 

T. M. Arnold & Co., Inc. 

T. :N". Fetherston & Co. Inc. 

T. Raiche Company. 

T. S. Wentworth Co. 

Talbot Chemical Company. 



Acts, 1909. — Chap. 347. 321 

Taunton Baseball Association, The. corporations 

Taunton Collateral Loan Association, The. 

Taunton Motor and Machine Company. 

Taxicar Company. 

Taylor Manufacturing Company. 

Taylor Tire Company. 

Taylor Woolen Company. 

Technical Company, The. 

Teel & Keyea Company. 

Temple Court Company, The. 

Terminal Wine Company. 

Textile Machinery Specialty Company, The. 

Thomas Long Company, The. 

Thomas Supply Company. 

Thompson and Harlow Company. 

Tisdale-Russell Company, The. 

Tisit Home Cure Company. 

Tisit Medicine Company, 

Traveller Publishing Company. 

Travis, Coburn Company. 

Tremont Automobile Company. 

Tremont Manufacturing Company. 

Tribune Xewspaper Company, The. 

Trimount Publishing Company. • 

Trolley Express Company. 

Troy Brazing Company. 

Tucker Corporation, The. 

Tudor Farm (Inc.). 

Tufarolo and Cicchetti Company, The. 

Tullock's Boston Dental Association. 

Turners Falls Lumber Company. 

Turners Falls Machine Company. 

20th Century Amusement Company, The. 

Twill Be Cleaner Mfg. Co. 

U. S. Drug Specialty Company. 

Union Construction Company. 

Union Express Company. 

L^nion Manufacturing Company. 

L^nion Pork Company. 

Union Seed Company. 

United Building & Construction Company. 

United Concrete Machinery Co. of Massachusetts. 



322 Acts, 1909. — Chap. 347. 

Colorations United Electric Signal Companj. 

United States and Ivilby Window Cleaning & Care 

Company. 
United States Apparatus and Instrument Company. 
United States Carpet Polishing Buffs Manufacturing 

Company. 
United States Credit Company. 
United States Fish & Glue Company. 
United States Security Company. 
United States Specialty Company. 
United States Tourists Bureau for Free Information, 

Inc. 
United States Water Heater and Light Company. 
Universal Supply Company. 
Universal Ventilator Company. 
Universal Wrench Company. 
University City Laundering Company, The. 
University Cut Glass Company, The. 
Uplift Publishing Company, The. 
Ury Eealty Company, The. 
V. E. Miller Company. 
Vacuum Cleaner Company. 
Valhalla Cafe, Inc. 
Van Wert Machine Company. 
Vanity Fair Co. 

Vaughn Calfskin Company, The. 
W. A. Cheney Company. 
W. D. Parlin Hardware Company. 
W. D. Quimby & Co., Incorporated. 
W. E. Housel Company, The. 
W. F. Brown Company. 
W. F. Scott Laundering Company. 
W. H. La Pointe Company. 
W. H. Mague Company. 
W. H. Waterman Company. 
W. IST. Piser Shirt Company. 
W. P. Murphy Stable Company, The. 
W. S. Shaw Company. 
W. W. Harmon Company. 
Wakefield Clothing Company, The. 
Walker Extract Co. 
Walter H. Tuttle Co. 
Waltham Co-operative Furniture Company. 



Acts, 1909. — Chap. 347. 323 

Wardwell Corporation, The. corporations 

Warren and Monks Company. 

Warren-Edmonds Company. 

Warren White Lead & Paint Company. 

Watertown Water Supply Company. 

Watertown W^orsted Company. 

Waterways Freighting Company. 

Weekly I3ividend Company. 

Weeks and Company Inc. 

West Barnstable Motor Company. 

W^est End Hardware Company. 

West Lake Hotel Company. 

West Lynn Amusement Company. 

Wheatley Hay, Grain & Lumber Company. 

White-Gates Paint and Varnish Company. 

White Hill Plantation Company. 

White Star Manufacturing Company. 

Whitney-Emery Co. 

Whittemore Couch Company. 

W^illiam G. Doyle Company. 

William H. Nichols Company. 

Wm. J. Perry Company. 

William T. Rice Company. 

William Y. Fishel Company. 

Williams Tavern Company. 

Wilson Coal Company, Incorporated. 

Winchendon Auto Transit Company. 

Winchendon Shirt Company. 

Windham Light and Lumber Company. 

Winnisimmet W^harf and Storage Company. 

Winston Company, Undertakers, The. 

Winthrop Bowling-Alley Company. 

Winthrop M. Baker (Incorporated). (Org. 1903.) 

Wood and Tulloch Dental Company. 

Wood Cauley Company. 

Wood Speedometer Company. 

Woodman-Davis Company. (Org. 1905.) 

Worcester Bay State Hotel Company, The. 

Worcester Collection Company. 

Worcester Commercial Lunch Company, The. 

Worcester Electric Contract Company, The. 

Worcester Grain Company. 

Worcester Light and Equipment Co. 



324 



Acts, 1909. — Chap. 848. 



Corporations 



Worcester Telephone Company. 
Worcester Transcendent Light Company. 
Worcester Wood and Lumber Company, The. 
World Amusement Company, The. 
Yeomans Realty Company. 
Yo-Yo Manufacturing Company. 
Yon-Viger ComjDany. 
Young's Biscuit Company. 



Pending suits 
not affected, 
etc. 



Proceedings in 
suits uf)on 
choses in 
action. 



Section 2. Nothing in this act shall be construed to 
affect any suit now pending by or against any corporation 
mentioned in the first section of this act, nor any suit 
now pending or hereafter brought for any liability now 
existing against the stockholders or officers thereof, nor to 
revive any charter or corporation previously dissolved or 
annulled, nor to make valid any defective organization 
of any of the supj)osed corporations mentioned in said first 
section. 

Section 3. Suits upon choses in action arising out of 
contracts sold or assigned by any corporation dissolved by 
this act may be brought or prosecuted in the name of the 
purchaser or assignee. The fact of sale or assignment 
and of purchase by the plaintiff shall be set forth in the 
writ or other process ; and the defendant may avail himself 
of any matter of defence of which he might have availed 
himself in a suit upon the claim by such corporation, had 
it not been dissolved by this act. 

Section 4. This act shall take effect upon its passage. 
Approved May 3, 1909. 



Chcip.S4:S An Act relative to the testing of boilers of loco- 
motives. 

Be it enacted, etc., as follows: 

1^173 ^Part II . Chapter four hundred and sixty-three of the acts of the 
amended. ' year nineteen hundred and six is hereby amended by 
striking out section one hundred and seventy-three of Part 
moUvlboifera" ^^ ^^'^ inserting in place thereof the following: — Section 
173. The board of railroad commissioners may make and 
revise regiilations for testing boilers of locomotives used by 
railroad corporations, by other corporations, and by per- 
sons, firms or associations upon any railroad or railway 
within the commonwealth, and every person, firm, asso- 



Acts, 1909. — Chap. 349. 325 

ciation and corporation other than a raih'oad corporation, 
so using a locomotive, shall inform said board in writing on 
or before June thirtieth of each year of the number of 
locomotives so used by him or it, together with the length 
of track of such railroad or railway, its location and uses, 
and such other information as the board may require. The 
provisions of this section shall apply to railroads for private 
use authorized by section two hundred and fifty-one of Part 
II of this act. Tests under regulations made as aforesaid 
shall, if possible, be made by the master mechanic of the 
corporation, association, person or firm which constructs, 
repairs or uses the boiler of the locomotive, and the report 
of such tests shall be in form satisfactory to the board. A 
corporation, association, firm or person using a locomotive 
in this commonwealth the boiler of which has not been 
tested in accordance with the provisions of this section 
shall be punished by a fine of twenty dollars for every day 
after notice by the board during which such use continues. 

Approved May 3, 1909. 



ChapM9 



An" Act to authorize the good samaeitan society to 
transfer its property to the worcester society 
for district nursing. 

Be it enacted, etc., as folloius: 

Section 1. The Good Samaritan Society, a corporation The Good Sa- 
established by law in Worcester, is hereby authorized to dety*^ay°" 
transfer and convey all the funds and property held by it propertyl^etc 
for the purposes for which it was incorporated to the 
Worcester Society for District l^ursing, a corporation es- 
tablished by law in Worcester, and said Worcester Society 
for District Xursing is hereby authorized to receive said 
funds and property and to hold and administer them for 
said purposes and in accordance with the terms of any gift 
of the same to the Good Samaritan Society. 

Section 2. Any bequests hereafter made to said Good Bequests, etc. 
Samaritan Society shall inure to the benefit of said Worces- 
ter Society for District ISTursing, to be by it held and 
api^lied to the purposes for which said Good Samaritan 
Society was organized and in accordance with the provi- 
sions of such bequest. 

Section 3. This act shall take effect upon its passage. 

Approved May 3, 1909. 



326 



Acts, 1909. — Chaps. 350, 351. 



R. L. 57. § 22, 
amended. 



Sale of certain 
berries regu- 
lated. 



Penalty. 



Chap.S50 An Act relative to the sale of blueberries and 

RASPBERRIES. 

Be it enacted, etc., as follows: 

Section twenty-two of chapter fifty-seven of the Revised 
Laws is hereby amended by inserting after the word 
" currants ", in the third line, the words : — blueberries, 
raspberries, — so as to read as follows : — Section 22. 
Baskets or other receptacles holding one quart or less which 
are used or intended to be used in the sale of strawberries, 
blackberries, cherries, currants, blueberries, raspberries or 
gooseberries shall be of the capacity of one quart, one pint 
or one half pint, Massachusetts standard dry measure. 
Whoever sells or offers for sale a basket or other receptacle 
holding one quart or less to be used in the sale of any of 
the aforesaid fruit which does not conform to said standard, 
and whoever sells or offers for sale any of the aforesaid 
fruit in any basket or other receptacle holding one quart 
or less which does not conform to said standard, shall be 
punished by a fine of not less than five nor more than ten 
dollars for each offence. Said baskets or other receptacles 
shall not be required to be tested and sealed as provided 
by chapter sixty-two, but the sealer or deputy sealer of 
weights and measures of any city or town or the deputy 
sealer of the commonwealth may, if he so desires, and 
shall, upon complaint, test the capacity of any basket or 
other receptacle in which any of the aforesaid fruit is sold 
or intended to be sold ; and if the same is found to contain 
less than the standard measure he shall seize the same and 
make complaint against the vendor. 

Approved May 3, 1909. 



Chap.S51 An Act to authorize the county commissioners of 

THE COUNTY OF MIDDLESEX TO CONSTRUCT AN ADDI- 
TIONAL BUILDING FOR SCHOOL PURPOSES AT THE TRAIN- 
ING SCHOOL AT CHELMSFORD. 

Be it enacted, etc., as follows: 
^ewjDmiding Section 1. The couuty commissioners of the county of 
structed at the Middlesex may expend a sum not exceedine; thirtv-six thou- 

traming school . ^ • c i • i t ' i. 

at Chelmsford, saud dollars lu the construction of a building for school 
and dormitory purposes at the training school of said 
county at Chelmsford. 



Acts, 1909. — Chaps. 352, 353. 327 

Section 2. To meet the expenses incurred under this County com- 

..•1 .. 1 r> j.'j.j.- missioners may 

act said commissioners may borrow irom time to time upon borrow money 
the credit of the county a sum not exceeding thirty-six ?he*coi^7y.'* °^ 
thousand dollars. 

Section 3. This act shall take effect upon its passage. 

Approved May 3, 1909. 

An Act kelative to fire protection in the town of nfynrx 352 

LENOX. 

Be it enacted, etc., as follows: 

Section 1. The fire district in the town of Lenox is Fire district in 
hereby abolished and the powers and duties conferred and Lenox^aboi 
imposed upon the said district by chapter two hundred '^'^®'^' ^*'^- 
and nineteen of the acts of the year eighteen hundred and 
seventy-eight and by chapter one hundred and eighty-five 
of the acts of the year eighteen hundred and eighty-five, 
and by any other act, are hereby conferred and imposed 
upon the said town. The powers and duties of the commis- 
sioners of the said fire district are hereby transferred to 
and vested in the selectmen of the said town. 

Section 2. 'No liability incurred and no contract en- Liabilities etc., 

. , .,,.'', not affected, 

tered into by the said district shall be affected by this etc 
act, and the said town shall be the successor of the said 
district in respect to its powers, duties and obligations. 
Section 3. This act shall take effect upon its passage. 
Approved May 3, 1909. 



An Act to authorize an additional appropriation (Jhrij) 353 

FOR CLERICAL ASSISTANCE FOR THE REGISTER OF PRO- 
BATE AND INSOLVENCY FOR THE COUNTY OF MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The register of probate and insolvency for clerical assist- 
the county of Middlesex shall be allowed, in addition to t'ter of" probate 
the amount now allowed by law, a sum not exceeding five f^'^MTddils^ex'^ 
hundred dollars for clerical assistance, to be paid from the '^^'^ty- 
treasury of the commonwealth upon the certificate of the 
register, countersigned by a judge of probate and in- 
solvency. 

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

Approved May 3, 1909. 



328 



Acts, 1909. — Chaps. 354, 355. 



Powers and 
duties of in- 
spectors of 
factories, etc, 
defined. 



Chajp.354: Ax Act to define the powers and duties of the in- 
spectors OF FACTORIES AND PUBLIC BUILDINGS. 

Be it enacted, etc., as -follows: 

amended^' ^ ^' Section 0116 of chai^ter three hundred and eighty-nine of 
the acts of the year nineteen hundred and eight is hereby 
amended by striking out all after the word '' occupation ", 
in the seventeenth line, and inserting in place thereof the 
words : — heating, ventilating and the sanitary condition 
and appliances of the same, — so as to read as follows : — 
Sectiofi 1. The chief of the district police, the deputy 
chief of the inspection department of the district police, 
and the inspectors of factories and public buildings may, 
in the ]3erforinance of their duty in enforcing the laws of 
the commonwealth, enter any building, structure or enclos- 
ure, or any j3art thereof, and examine the methods of preven- 
tion of fire, means of exit, and means of protection against 
accident, and may make investigations as to the employ- 
ment of children, young persons and women, except con- 
cerning 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 assemblage, or place of public 
resort, and make such investigations and order such struc- 
tural or other changes, in said buildings, as are necessary 
relative to the construction, occupation, heating, ventilat- 
ing and the sanitary condition and appliances of the same. 

Approved May 3, 1909. 



Time 
extended, 



Chap.S55 An Act to extend the time within which the mutual 

DIRECT LIFE ASSURANCE SOCIETY MAY FILE ITS CERTIFI- 
CATE OF INCORPORATION. 

Be it enacted, etc., as follows: 

Section 1. The period during which the Mutual Direct 
Life Assurance Society of Boston, incorporated by chapter 
three hundred and sixty-eight of the acts of the year nine- 
teen hundred and seven, may file its certificate of incor- 
poration, is hereby extended to the third day of May in 
the year nineteen hundred and ten. 

Section 2. This act shall take effect upon its passage. 
Approved May 3, 1909. 



Acts, 1909. — Chaps. 356, 357. 329 



Ais: Act relative to the nomination of candidates (7^^t).356 

FOR SENATOR AND MEMBERS OF STATE AND DISTRICT PO- 
LITICAL committees in THE FIRST ESSEX SENATORIAL 
DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Nominations by political parties of candi- SidatSor 
dates for state senator from the first Essex senatorial dis- fs"ex° district. 
trict .shall be made in caucuses by direct plurality vote. 

Section 2. Members of state and district political S^^a^nddia- 

committees from the first Essex senatorial district shall trict com- 
mittees. 
be elected m caucuses by direct plurality vote. 

Section 3. Returns of caucuses held under the fore- Retuma of 
going sections shall be made according to the provisions of 
section one hundred and thirty-seven of chapter five hun- 
dred and sixty of the acts of the year nineteen hundred 
and seven. The registrars of voters and the clerk of the Canvassing 
city of Lynn, together with the clerks of the towns of constitut°ed, 
Swampscott and Nahant, shall constitute a canvassing 
board for said district, and shall proceed in the manner 
prescribed in section one hundred and five of said chapter 
five hundred and sixty, for like canvassing boa;rds in the 
county of Suffolk. 

{The foregoing tvas laid before the Governor on the 
twenty-seventh day of April, 1909, aiid after five days it 
had " the force of a law " , as prescribed by the Constitu- 
tion, as it was not returned by him with his objections 
thereto ivithin that time.) 



etc. 



Chap.357 



An Act to establish the salaries of the assistant 

CLERKS OF certain POLICE, DISTRICT AND MUNICIPAL 

courts. 

Be it enacted, etc., as follows: 

Section 1. If by reason of increase in population of the salaries of 
judicial district of a police, district or municipal court cterkfof cer- 
included in class E, of section one of chapter four hundred ^tabUshed. 
and fifty-three of the acts of the year nineteen hundred and 
four, and acts in amendment thereof and in addition 
thereto, any such court has passed or hereafter passes into 
class D of said chapter, the salary of an assistant clerk 
appointed under the provisions of section eleven of chapter 



330 



Acts, 1909. — Chap. 358. 



one hundred and sixty of the Eevised Laws shall be two 
thirds of the salary of the clerk. 

Section 2. This act shall take effect upon its passage. 
Approved May Jf, 1909. 



1906, 463, § 43, 
Part I., 
amended. 



Abolition of 
grade cross- 
ings, etc. 



Chap.S5S An Act relative to the certification by the board 

OF RAILROAD COMMISSIONERS OF EXPENDITURES FOR THE 
ABOLITION OF GRADE CROSSINGS. 

Be it enacted, etc., as folloivs: 

Section forty-three of Part I of chapter four hundred 
and sixty-three of the acts of the year nineteen hundred 
and six is hereby amended by adding at the end thereof the 
following : — If the members of the board of railroad com- 
missioners are special commissioners under the provisions 
of section twenty-nine the certificate herein provided for 
may be issued by said board without a hearing, — so as to 
read as follows : — Section JfS. A final decree shall not be 
entered by the superior court upon any report of commis- 
sioners setting forth a plan for the abolition, discontinu- 
ance or alteration of a grade crossing, adopting or con- 
firming such plan or authorizing any expense to be charged 
against the commonwealth, until the board of railroad 
commissioners, after a hearing, shall have certified in writ- 
ing that in their opinion the adoption of sucli plan and the 
expenditure to be incurred thereunder are consistent with 
the public interests, and are reasonably requisite to secure 
a fair distribution between the different cities, towns and 
railroads of the commonwealth, of the public money au- 
thorized to be expended under the provisions of the pre- 
ceding section, or section one hundred and fifty-eight of 
chapter one hundred and eleven of the Revised Laws, for 
the abolition of grade crossings, and that such expenditure 
will not, in the judgment of said board, exceed the amounts 
provided under the provisions of said sections to be paid 
by the commonwealth. If the members of the board of 
•railroad commissioners are special commissioners under 
the provisions of section twenty-nine the certificate herein 
provided for may be issued by said board without a 
hearing. Approved May 5, 1909. 



Acts, 1909. — Chap. 359. 331 



An Act to provide foe an investigation of the watek QJiarn 359 

POWER OF THE COMMONWEALTH AND FOR DETERMINING 
THE BEST METHODS OF UTILIZING THE SAME. 

Be it enacted, etc., as follows: 

Section 1. The sum of five thousand dollars may be investigation 
expended for the determination of the amount of water powerfetc. 
power available on the streams of the commonwealth and 
for investigating the best methods of utilizing the same, 
therebv providing for the people of the commonwealth in- 
formation that may serve to further industrial develop- 
ment. 

Section 2. The governor is hereby empowered to enter By wiiom in- 
into a contract with the director of the United States to^b?^X.'^ 
geological survey for the purpose of making the investiga- 
tion aforesaid : provided, that said director shall agree to Provisos, 
expend a like sum of money within the commonwealth for 
the same purposes; and provided, further, that, if said 
director should find that, by reason of the failure of the con- 
gress of the United States to provide a general appropria- 
tion sufficient to enable him to make an allotment of five 
thousand dollars for such work in this commonwealth, the 
governor may execute a contract for any part of the amount 
hereby appropriated, which part shall be equal to that 
allotted by the director. 

Section 3. The amount above specified shall De ex- Expenditures, 
pended by the commonwealth in accordance with the laws 
relating to the United States geological survey, payment 
to be made on vouchers audited and approved by said 
director when presented to the auditor of the common- 
wealth. 

Section 4. A brief report of the work done under the Report, 
foregoing sections shall be made to the governor by the 
director of the United States geological survey, on January 
first, nineteen hundred and ten, and a final report shall be 
made on or before January first, nineteen hundred and 
eleven, embodying the complete results of the investigation. 

Approved May 5, 1909. 



332 Acts, 1909 — Chaps. 360, 361, 362. 



Chap.360 An" Act relative to the economic life assurance 

SOCIETY. 

Be it enacted, etc., as follows: 

Jx^nded. T^6 period within which the Economic Life Assurance 

Society, incorporated by chapter five hundred and eighty- 
three of the acts of the year nineteen hundred and seven 
may organize, file the certificate of organization, and begin 
to issue policies, is hereby extended to June twenty-eighth, 
nineteen hundred and ten, subject to the provisions of said 
chapter. Approved May 5, 1909. 

Chap.361 An Act to provide a school house and an elec- 
tric LIGHTING PLANT AT THE ESSEX COUNTY TRAINING 
SCHOOL AT LAWRENCE. 

Be it enacted, etc., as follows: 

fSm°sc'hooi, Section 1. The county commissioners of the county 
at Lawrence, of Essex are hereby authorized to construct a school 
house and assembly hall at the Essex county training 
school in the city of Lawrence, and to install suitable 
electrical machinery for power and lighting ; and for these 
purposes they may borrow on the credit of the county a 
sum not exceeding fifty thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved May 5, 1909. 

Chap.SQ2 An Act to provide for the establishment of ref- 
uges FOR BIRDS AND GAME. 

Be it enacted, etc., as folloivs: 
Taking, etc., of Section 1. No persou shall hunt, pursue, take, kill or 

game, etc., in . ^ -i i i • i 

public reser- m any manner molest or destroy any wild bird or game 
lated. within the exterior boundaries of any state reservation, 

park, common or any land held in trust for public use, 
except that the authorities or persons having the control 
and charge of such reservations, parks, commons or other 
lands may in their discretion,- and with such limita- 
tions as they may deem advisable, authorize persons to 
hunt, take or kill within said boundaries any wild birds 
or animals which are not now protected by law. Such 
authorizations shall be by written license, and the license 



Acts, 1909. — Chaps. 363, 364,. 365. 333 

shall be revocable at the pleasure of the authorities or 
persons granting it. 

Section 2. The boards, officials and persons having Enforcement 
charge of reservations, parks, commons and lands held for 
public use shall enforce the provisions of this act. 

Section 3. Every violation of any provision of this Penalty, 
act shall be punishecl by a fine not exceeding twenty-five 
dollars. Approved May 7, 1909. 

An Act relative to the rights of action of em- (JJku) 353 

PLOYEES against EMPLOYERS. 

Be it enacted, etc., as follows: 

Section 1. If a defect in the ways, works or machinery Rights of 
of a person, partnership or corporation has been reported pioye^° ^'^" 
to the person whose duty it is to remedy said defect, or pfoyera.^"^' 
cause it to be remedied, or to report its existence, and such 
defect is not remedied within a reasonable time, and by 
reason of said defect an employee is injured, such em- 
ployees shall not be held to have assumed the risk of such 
injury. 

Section 2. This act shall take effect on the first day of ^^^f *° **^« 
January in the year nineteen hundred and ten. 

Approved May 7, 1909. 

An Act relative to clerical assistance for the Chav.364: 

municipal court of the BRIGHTON DISTRICT OF THE 
CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The clerk of the municipal court of the clerical assist- 
Brighton district of the city of Boston may annually oFmunicipIi" 
expend a sum not exceeding two hundred dollars for cler- BdghtoV^^ 
ical assistance, upon the certificate of the justice of said «^'^t"'=t- 
court that the same was necessary and was rendered. 

Section 2. This act shall take effect upon its passage. 
Approved May 7, 1909. 

An Act to provide clerical assistance for the clerk ChaT>.S65 
of the municipal court of brookline. 

Be it enacted, etc., as follows: 

Section 1. The clerk of the municipal court of Brook- clerical assist- 
line shall be allowed for clerical assistance upon his certifi- munidpaf^^ °^ 



334 



Acts, 1909. — Chaps. 366, 367. 



court of 
Brookline. 



When to take 
effect. 



cate stating the time occupied and the name of the person 
or persons by whom the work was performed, provided 
the justice of the court shall certify that the work was 
necessary, such sum, not exceeding two hundred dollars 
in any one year, as the county commissioners for the 
county of ]*^orfolk may approve. Said sum shall be paid 
monthly from the treasury of the county to the person or 
persons employed. 

Section 2. This act shall take effect upon its passage 
and shall cease to be operative whenever an assistant clerk 
of said court is appointed. 

Approved May 1, 1909. 



Chap.d66 -^^ -A.ct to provide clerical assistance for the clerk 

OF the third district court of eastern MIDDLESEX. 

Be it enacted, etc., as follows: 
Clerical assist- Section 1. The clork of the third district court of 

ance to clerk of nr-in i n i ^ e i • i 

third district eastcm jiliddlesex shall be allowed lor clerical assistance, 
eastern upou his Certificate stating the time occupied and the, 

name of the person or persons by whom the work was per- 
formed, provided the justice of the court shall certify that 
the work was necessary and was actually performed, such 
sums, not exceeding three hundred dollars in any one year, 
as the county commissioners for the county of Middlesex 
may approve. Said sums shall be paid monthly from the 
treasury of the county to the person or persons employed. 
Section 2. This act shall take effect upon its passage. 
Apprpved May 7, 1909. 



Chap.3Q7 -^^ Act to establish the salaries of the court offi- 
cers in attendance at the sessions of the munici- 
pal COURT OF THE CHARLESTOWN DISTRICT OF THE CITY 
OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The court officers in attendance at the ses- 
sions of the municipal court of the Charlestown district 
of the city of Boston shall receive an annual salary of 
twelve hundred dollars, to be paid from the treasury of 
the county of Suffolk in monthly instalments, in full for 
all services performed by them. 

Section 2. This act shall take effect upon its passage. 
Approved May 7, 1909, 



Officers of 

municipal 

court of 

Charlestown 

district, 

salaries 

established. 



Acts, 1909. — Chaps. 368, 369. 335 



An Act relative to clerical assistance for the Qjin^j Qgg 

CLERK OF THE POLICE COURT OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and amfnde^d.' ^ ^' 
thirtv-one of the acts of the year eighteen hundred and 
ninety-eight is hereby amended by striking out the word 
'' five ", in the sixth line, and inserting in place thereof the 
word: — seven, — so as to read as follows: — Section 1. ^nljefol^derk" 
Q'he clerk of the police court of Lynn shall be allowed for of police court 

.. ^ i „,.. cOi Lynn. 

clerical assistance, upon the certificate oi the justice oi 
said court that the work was actually performed and was 
necessary, with the time occupied and the name of the 
person by whom the work was performed, such sums, 
not exceeding seven hundred dollars in any one year, as 
the county commissioners for the county of Essex by a 
writing signed by them may approve. Said sums shall be 
paid from the treasury of said county monthly, to the per- 
son employed. 

Section 2. This act shall take effect upon its passage. 
Approved May 1, 1909. 



An Act to change the date when stockholders in nhfirr) QgQ 

RAILROAD CORPORATIONS AND STREET RAILWAY COM- 
PANIES MAY SUBSCRIBE FOR NEW STOCK. 

Be it enacted, etc., as folloivs: 

Section 1. Section one of chapter six hundred and amfAcfed.' ^ ^' 
thirty-six of the acts of the year nineteen hundred and 
eight is hereby amended by striking out the words " the 
date of the vote to increase ", in the fourteenth line, and 
inserting in place thereof the words : — at such date as 
shall be designated by vote of the directors passed after the 
approval by the board of such issue, — by striking out the 
words " the date of the vote to increase ", in the seven- 
teenth line, and inserting in place thereof the words : — 
said date designated by vote of the directors, — and by 
striking out the words " the date of such vote to increase ", 
in the nineteenth and twentieth lines, and inserting in 
place thereof the words : — said date designated by vote 
of the directors, — so as to read as follows: — Section 1. Jf/:',^^ ^* ^^.^jfii 



Any railroad, street railway, electric railroad or elevated rations 



railroad corpo- 



etc, 



336 Acts, 1909. — Chap. 370. 



shall offer new railwav comi')anY which IS m actual i^ossession of and 

stock to their ,. •I'^i -n in 

stockholders. Operating a railroad or railway snail, upon any increase 
^^^' of its capital stock, except as provided in the following 

section, offer the new shares proportionately to its stock- 
holders at such price not less than the par value thereof 
as may be determined by its stockholders. The directors 
upon the approval of such increase, as provided in section 
sixty-five of Part II and section one hundred and seven of 
Part III of chapter four hundred and sixty-three of the 
acts of the year nineteen hundred and six, shall cause 
wi'itten notice of such increase to be given to each stock- 
holder of record upon the books of the company at such 
date as shall be designated by vote of the directors passed 
after the approval by the board of such issue, stating the 
amount of the increase, the number of shares or fractions 
of shares to which, according to the proportionate number 
of his shares at said date designated by the vote of the di- 
rectors, he is entitled, the price at which he is entitled to 
take them, and fixing a time not less than fifteen days after 
said date designated by vote of the directors within which 
he may subscribe for such additional stock. Each stock- 
holder may within the time limited subscribe for his por- 
tion of such stock, which shall be paid for in cash before 
the issue of a certificate therefor. 

Section 2. This act shall take effect upon its passage. 
Approved May 7, 1909. 

Chap.370 An Act relative to the petee bent brigham hospital. 

Be it enacted, etc., as follows: 
Brig&m'^'°' Section 1. The Peter Bent Brigham Hospital is 
hold'reai^nd ^^^^^J authorizcd to hold, for the purposes for which it 
peraonai was incorporated, real and personal estate to an amount 

not exceeding seven million dollars in value, including the 
amount which it is already authorized by law to hold, 
^^^bment, Section 2. Upon the acceptance of this section by said 
corporation and the filing with the secretary of the com- 
monwealth of an attested copy of the vote of the corpora- 
tion accepting this section, the governor, with the advice 
and consent of the council, shall appoint as members of the 
corporation two persons, residents of the county of Suffolk, 
one for a term ending on the first day of May, nineteen 
hundred and twelve, and the other for a term ending on 



terms, etc. 



Acts, 1909. — Chap. 371. 337 

the first day of May, nineteen hundred and fifteen, who 
shall have the same duties, powers and privileges as other 
members of the corporation. In the month of April, nine- 
teen hundred and twelve, and in the month of April every 
three years thereafter the governor, with the advice and 
consent of the council, shall appoint a person, who shall be 
a resident of the county of Suffolk, as a member of said 
corporation for a term of six years beginning with the first 
day of May in the year of his appointment, and the per- 
sons so appointed shall have the same duties, powers and 
privileges as other members of said corporation. In ease Vacancy, 
of the resig-nation or death of a member of the corporation 
appointed by the governor, the governor shall have power, 
with the advice and consent of the council, to fill the va- 
cancy for the remainder of the term. 

Section" 3. Section one of this act shall take effect when to take 
upon its passage. Section two shall take effect upon the 
filing with the secretary of the commonwealth of a copy 
of the vote of said corporation accepting the provisions of 
section two, which copy shall be attested by the secretary or 
other recording ofiicer of the corporation. 

Approved May 8, 1909. 

Ax Act to pkovide for a bureau of statistics. Chan 371 
Be it enacted, etc., as follows: 

Section 1. There shall be a bureau of statistics, the Bureau of 
duties of which shall be to collect, assort, arrange, and pub- dutVes.'eu. 
lish statistical information relative to the commercial, in- 
dustrial, social, educational, and sanitary condition of the 
people, the productive industries of the commonwealth, 
and the financial affairs of the cities and towns ; to estab- 
lish and maintain free employment offices as provided for 
by chapter four hundred and thirty-five of the acts of the 
year nineteen hundred and six and amendments thereof; 
and to take the decennial census of the commonwealth 
required by the constitution and present the results thereof 
in such manner as the general court may determine. 

Section 2. Said bureau shall be in charge of a director Director, 
who shall be appointed by the governor with the advice and temTet^^''^' 
consent of the council for a term of three years and until 
his successor is appointed and qualified. The director shall 
receive an annual salary of three thousand dollars. He 



338 



Acts, 1909. — Chap. 371. 



Clerical 
assistance. 



Examination 

of 

etc. 



Director to 
make certain 
annual reports, 
etc. 



Distribution of 
reports. 



Printing of 
reports. 



shall appoint a chief clerk, who, in the absence of the 
director, shall act as his deputy and who shall receive an 
annual salary of two thousand dollars. The director may 
expend for clerical assistance, special agents, and contin- 
gent expenses, such amount as the general court may an- 
nually appropriate for these purposes. He may require 
the attendance of witnesses and the production of books 
and documents, and may examine witnesses under oath; 
and such witnesses shall be examined in the same man- 
ner and be paid the same fees as witnesses before the su- 
perior court. 

Section^ 3. The director of the bureau of statistics 
shall annually on or before the third Wednesday in Jan- 
uary submit to the general court a statement summarizing 
the work of the bureau during the preceding year, and 
shall make therein such recommendations as he may deem 
proper. He shall also j)repare annually for distribution 
as public documents, a report on the statistics of labor, 
which shall embody statistical and other information re- 
lating especially to labor affairs in the commonwealth ; a 
report on the statistics of manufactures, to be gathered as 
hereinafter more particularly provided for ; a report on the 
financial statistics of the cities and towns of the common- 
wealth, to be gathered as hereinafter more particularly 
provided for ; and a report covering the work of the free 
employment offices. The secretary of the commonwealth 
shall cause copies of these several annual reports to be 
printed as follows : — Of the report on the statistics of 
labor, three thousand copies, of which two thousand shall 
be for the use of the bureau ; of the report on the statistics 
of manufactures, three thousand copies, of which two 
thousand shall be for the use of the bureau ; of the report 
on the financial statistics of cities and to-\vns, four thou- 
sand copies, of which three thousand shall be for the use 
of the bureau ; of the report on the free employment offices, 
two thousand five hundred copies, of which one thousand 
five hundred shall be for the use of the bureau. 

The copies of these several annual reports printed for 
the use of the bureau may be bound in cloth or paper, in 
the discretion of the director, and may be issued and dis- 
tributed by him separately in parts ; and the remainder 
of the total number of copies authorized may be bound in 
cloth or paper in the discretion of the secretary of the 



Acts, 1909. — Chap. 371. 339 

commoiiwealtla. The director may also publish, at such 
intervals as he deems expedient, bulletins or special re- 
ports relative to industrial or economic matters and mu- 
nicijDal affairs. The several publications provided for in 
this section shall be paid for out of the sum annually 
appropriated by the general court for the contingent ex- 
penses of the bureau. 

Section 4. The director of the said bureau is author- Blank forms, 
ized to prepare a schedule or blank form for the collection 
of such data as may be, in his judgment, desirable for the 
proper presentation of statistics of manufactures and the 
promotion of the industrial welfare of the commonwealth, 
and the said schedule, unless modified by the director, shall 
embody inquiries as to, — 

(1) Xame of person, partnership or corporation. 

(2) Kind of goods manufactured or business done. 

(3) Xumber of partners or stockholders. 

(4) Capital invested. 

(5) Principal stock or raw material used, and total 
value thereof. 

(6) Gross quantity and value of articles manufactured. 

(7) Average number of persons employed, distinguish- 
ing as to sex, adults, and children. 

(8) Smallest number of persons employed, and in vrhat 
month. 

(9) Largest number of persons employed, and in what 
month. 

(10) Total wages, not including salaries of managers, 
paid during the year, distinguishing as to sex, adults, and 
children. 

(11) Proportion that the business of the year bore to 
the greatest capacity for production of the establishment. 

(12) iSTumber of weeks in operation during the year, 
part time being reduced to full time. 

The said schedule shall be sent by mail annually, on schedule of 
or before the fifteenth day of December, to the o^vuer, fumkhed^o 
operator, or manager of every manufacturing establish- es^bUsh-""''^ 
ment in the commonwealth, and such o"^vner, operator, or ™ents, etc. 
manager, or any other person to whom the schedule or 
blank form is sent shall answer the inquiries thereon and 
return the same to the bureau properly certified as to its 
accuracy, not later than the following twentieth day of 
January : provided, however, that the director may, in his proviao. 



340 



Acts, 1909. — Chap. 371. 



Enformation 
collected not 
to be used 
except, etc. 



Cities and 
towns to be 
furnished 
blank forma, 
etc. 



discretion, extend the time for returning the schedule be- 
yond said twentieth day of January. The director is au- 
thorized to suspend the operation of this section in years 
when the United States takes a census of manufactures in 
Massachusetts, to such degree as may be necessary in order 
to facilitate co-operation between said bureau and the fed- 
eral census authorities in the collection and compilation 
of the statistics of Massachusetts manufactures in such 
census years, and the avoidance of needless duplication of 
labor and expense. 

Section 5. The information authorized to be collected 
by the preceding section shall not be used by said bureau 
either by publication or in any other manner, so as to 
disclose the private aifairs of any person, partnership or 
corporation, and the bureau shall hold all such information 
to be strictly confidential with respect to persons, partner- 
ships, or corporations. Any official, agent, or employee of 
said bureau who violates this provision shall be punished 
by a fine of not more than five hundred dollars or by im- 
prisonment for not more than one year ; but this section 
shall not be construed as prohibiting said bureau from 
tabulating and publishing such information relative to 
manufacturing corporations as may be required by law 
to be filed with other state departments. 

Section 6. The director of the bureau of statistics 
shall annually furnish to the auditor or other accounting 
officer of each city and town in the commonwealth blank 
forms or schedules so arranged as to provide for uniform 
returns giving detailed statements of all receipts classified 
by sources, and all payments classified by objects, for its 
last fiscal year ; a statement of the public debt showing the 
purpose for which each item of the debt was created and 
the provision made for the payment thereof ; and a state- 
ment of assets and liabilities at the close of the fiscal year. 
The director may prescribe standard forms intended to 
promote the systematic accounting of financial transactions 
and the publication of the same in the city and town re- 
ports. The director is also authorized to collect from the 
proper local authorities and to compile and publish such 
other information pertaining to municipal affairs as in his 
judgment may be of public interest; and it shall be the 
duty of all accounting and other officials and custodians of 



Acts, 1909. — Chap. 371. 31:1 

public moneys of cities and towns, or fire, water, and watch 
districts, so-called, and of districts organized under the 
jDrovisions of section forty-four of chapter twenty-five of 
the Revised Laws, to fill out properly and return promptly 
to the said director all schedules transmitted by him to 
them. 

Section 7. The decennial census of the commonwealth Decennial 

1 1 • 1 1 i» 1 census. 

required by articles twenty-one and twenty-two of the 
amendments to the constitution and the decennial census 
of industries and agriculture shall be taken by the bureau 
of statistics in the year nineteen hundred and fifteen and 
every tenth year thereafter ; and the director of said bureau 
is authorized to supervise the taking of the United States 
censuses for Massachusetts, and to co-operate with the 
federal authorities in all respects possible and feasible, 
so far as is consistent with the interests of the common- 
wealth, for the purpose of promoting economy and effi- 
ciency in the gathering, compilation, and publication of 
statistical matter. In the year nineteen hundred and 
fourteen, and every tenth year thereafter, the director of 
said bureau shall submit to the general court a preliminary 
report embodying an estimate of the cost of taking, com- 
piling, and publishing the next succeeding decennial cen- 
sus, and such other information and recommendations as 
may be necessary to carry out the provisions of this section. 

Section 8. Application for an enumeration of tern- Enumeration 
porary or summer residents of towns, as contemplated by resld^ts^of 
section thirteen of chapter one hundred of the Revised to^^s- ^tc. 
Laws, shall be made to the director of the bureau of statis- 
tics, and such enumeration shall be made in the manner 
provided by said section. 

Section 9. The director of the bureau of statistics, Papers and 
having first obtained authority from the governor and be^'de^troyTd^ 
council, may destroy or sell all such records, papers and 
schedules accumulated in said bureau as, in his judgment, 
are of no value; and if sold the proceeds thereof shall be 
paid into the treasury of the commonwealth. 

Section 10. Chapter one hundred and seven of the Repeal. 
Revised Laws, chapter two hundred and ninety-six of the 
acts of the year nineteen hundred and six, chapter seventy- 
nine of the acts of the year nineteen hundred and seven, 
and chapters four hundred and sixty-two and four hundred 



3tt2 



Acts, 1909. — Chap. 372. 



and eighty-one of the acts of the year nineteen hundred and 
eight, and all acts and parts of acts inconsistent herewith 
are hereby repealed. 

Section 11. This act shall take effect upon its passage. 
Approved May 10, 1909. 



Lynn Finance 
Commission, 
appointment, 
etc. 



Chap.372 An Act to pkovide for the appointment of a finance 

COMMISSION FOE THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. The mayor of the city of L}Tin for the 
year nineteen hundred and nine may appoint, subject 
to confirmation by the board of aldermen, five disinter- 
ested citizens, who shall not be members of the municipal 
government of the city or holders of any office thereunder, 
as a commission to investigate all matters pertaining to the 
finances of the city, including appropriations, debts, loans, 
taxation, expenditure, bookkeeping and administration, 
and to inquire into the management of the business of the 
city, and the methods in which the same has been con- 
ducted. Said commission shall serve without compensa- 
tion, but may spend in making its investigation such sums 
as may be appropriated therefor by the city council of 
said city. It shall report its findings to the city council not 
later than the first day of March in the year nineteen hun- 
dred and ten. The commission shall be known as the Lynn 
Finance Commission. 

Section 2. For the purposes of this act, the commis- 
sion shall have power to require the attendance and testi- 
mony of witnesses and the production of all books, papers, 
contracts and documents relating to any matter within the 
scope of the said investigation. Witnesses shall be sum- 
moned in the same manner and be paid the same fees as 
witnesses before the police court of said city, and they 
may be represented by counsel who may cross examine the 
witness for whom he appears. The commission may ad- 
minister oaths to or take the affirmation of witnesses who 
appear before the commission. The commission may pre- 
scribe rules and regulations for the conduct of hearings 
and the giving of testimony. 

Section 3. If any person so summoned and paid shall 
refuse to attend, or to be sworn, or to affirm, or to answer 
any question, or to produce any book, contract, document or 



Powers of 

commission, 

etc. 



Order may be 
issued requir- 
ing persons to 
appear before 
the commis- 
sion, etc. 



Acts, 1909. — Chap. 372. 343 

paper pertinent to the matter of inquiry in consideration 
before the commission, a justice of the supreme judicial 
court or of the superior court, in his discretion, upon ap- 
plication by the commission, or of any member thereof 
authorized thereto by vote of the commission, may issue an 
order requiring such person to appear before the commis- 
sion, and to proiluce books, contracts, documents and pa- 
pers and to give evidence touching the matter in question. 
Failure to obey such order of the court may be punished 
by the court as a contempt thereof. 

Section 4. Any person so summoned and paid who Penalty for 
shall refuse to attend, or to be sworn, or to affirm, or to Ippll^fetc. 
answer any question, or to produce any book, contract, 
document or paper pertinent to the matter in consideration 
by the commission, and any person who wilfully inter- 
rupts or disturbs any hearing of the commission, or who 
is disorderly thereat, shall be punished by a fine not ex- 
ceeding fifty dollars or by imprisonment for not more than 
thirty days, or by both such fine and imprisonment. 

Section 5. Any person who wilfully swears or affirms 
falsely before the commission upon any point material to 
the matter of inquiry shall be guilty of perjury, and shall 
be subject to the provisions of chapter two hundred and 
ten of the Revised Laws and amendments thereof. 

Section 6. Upon application by the commission to any Examination 
justice of the supreme judicial court, or of the superior outside the 

,,,.,. • • • X common- 

court, the justice may issue a commission to one or more wealth. 

competent persons in another state for the examination of 
a person without this commonwealth relative to any matter 
within the scope of the said investigation. The testimony 
of such person may be taken by open commission, or other- 
wise under the procedure, so far as the same may be ap- 
plicable, provided by section forty-three of chapter one 
hundred and seventy-five of the Revised Laws, and the 
said justice may issue letters rogatory in support of said 
commission. 

Section 7. Xothing in this act shall be construed to Certain 

1 , . ... . , evidence not to 

compel any person to give any testimony or to produce any be given, 
evidence, documentary or otherwise, which may tend to 
incriminate him. 

Section 8. The powers granted by this act shall cease Powers 
on the first day of March in the year nineteen hundred ma 
and ten. Approved May 11, 1909. 



cease March 1, 



344 Acts, 1909. — Chaps. 373, 374, 375. 

Chap.SlS An Act to authorize the county commissioners of 

THE COUNTY OF ESSEX TO MAKE A TEMPORARY LOAN FOR 
THE PURPOSE OF RECONSTRUCTING LYNNFIELD STREET 
IN THE CITY OF EYNN. 

Be it enacted;, etc., as follows: 

Ssslonera'^f Section 1. The coimty commissioners of the county 

mly'lo^row^ of Essex are hereby authorized and directed to borrow on 

money, etc. the Credit of the county a sum not exceeding fifty thousand 

dollars for the purpose of reconstructing Lynnfield street 

in the city of Lynn, under the provisions of the Eevised 

Laws, the same to be repaid within eighteen months. 

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

A'pproved May 11, 1909. 

Chap.S74: An Act making appropriations for the Massachu- 
setts COMMISSION FOR THE BLIND. 

Be it enacted^ etc., as follows: 
tlonJ,°com' Section 1. The sums hereinafter mentioned are ap- 

Si^d°'' ^""^ ^^^ propriated, to be paid out of the treasury of the common- 
wealth 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 nine, to wit : — 
Maintenance of j^qj. ^he maintenance of industries under the control of 

industries. ^' n c ^ ^ 

said commission, a sum not exceeding fifteen thousand 
dollars. 
Expenses. j^qj, general administration, for furnishing information 

and industrial and educational aid, and for such other 
expenses as may be found necessary by the commission 
in carrying out the provisions of the act establishing the 
same, a sum not exceeding twenty-five thousand dollars. 
Section 2. This act shall take effect upon its passage. 
Approved May 11, 1909. 

Chap.375 An Act relative to the sale of cocaine. 

Be it enacted, etc., as follows: 
1908 307, § 2, Section 1. Section two of chapter three hundred and 

amended. . ^ i i i i • i 

seven of the acts of the year nineteen hundred and eight 
is hereby amended by inserting after the word " restau- 



Acts, 1909. — Chap. 376. 345 

rant ", in the fifth and sixth lines, the words : — apart- 
ment house, dwelling house, — so as to read as follows : — Saie, etc., of 
Section 2. It shall be unlawful for any person, firm or in public 
corporation to sell, exchange, deliver, expose for sale, give prohibited. 
awav 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 place, or in any hotel, res- 
taurant, apartment house, dwelling house, liquor saloon, 
barroom, public hall, place of amusement, or public build- 
ing 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 sfime. 

Section 2. Section four of chapter three hundred and amenle^d.' ^ *' 
eighty-six of the acts of the year nineteen hundred and 
six is hereby amended by adding at the end thereof the 
words : — and shall at all times be open to inspection by 
the officers of the state board of health and by the police 
authorities and officers of cities and towns, — so as to 
read as follows : — Section 4. It shall be unlawful for any Not to be sold, 
person to sell, or to expose or offer for sale, or to give or up^on^wrkten 
exchange any cocaine or alpha or beta eucaine or any phy^sk'^n?etc! 
synthetic substitute of the aforesaid, or any preparation 
containing the same, or any salts or compounds thereof, 
except upon the written prescription of a physician, dentist 
or veterinary surgeon registered under the laws of the 
commonwealth; the original of which prescription shall 
be retained by the druggist filling the same and shall not 
again be filled, and shall at all times be open to inspection 
by the officers of the state board of health and by the police 
authorities and officers of cities and towns. 

Approved May 11, 1909. 



An Act eelative to the construction of a couet nj^rij) Q7fj 

HOUSE IN THE COUNTY OF BRISTOL. 

Be it enacted, etc., as follows: 

Section four of chapter one hundred and thirty-eight of amlnde^d^' ^ ^' 
the acts of the year nineteen hundred and eight is hereby 
amended by striking out the words " one hundred thou- 
sand ", in the fourth line, and inserting in place thereof 
the words : ^— one hundred and twenty-seven thousand five 



346 



Acts, 1909. — Chap. 377. 



missioners may 

fssuTnot^s o*r^' 'J^'d^r to meet the expenses incurred under this act, said 
etc. commissioners may borrow from time to time upon the 
credit of the county, a sum not exceeding one hundred and 
twenty-seven thousand five hundred 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 
exceeding four and one half per cent per annum, and shall 
be payable at j)eriods 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 annual 
payments of the principal, beginning with the year nine- 
teen hundred and nine, as will extinguish the debt within 
the time above prescribed. Approved May 13, 1909. 



Taking and 
sale, etc., of 
trout and 
salmon 
regulated. 



Chap.377 An Act relative to trout and salmon. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for a person at any 
time to buy or sell or offer for sale a trout except as here- 
inafter provided, or to take or have in possession trout or 
salmon between the first day of August in any year and 
the fifteenth day of April of the year following, or to sell 
or offer for sale or have in possession salmon between the 
above named dates taken in this commonwealth, or to take 
a trout or salmon otherwise than by naturally or artificially 
baited hook and hand line ; or to have in possession at any 
time a trout less than six inches or a salmon less than 
twelve inches in leng-th, unless such trout less than six 
inches or such salmon less than twelve inches was taken by 
a person lawfully fishing, and is immediately returned 
alive to the water whence it was taken. 

Section 2. Upon written application to the commis- 
sioners on fisheries and game permission shall be granted 
to any person to buy and sell or have in possession, at any 
season of the year, trout artificially propagated and main- 
tained, under such rules and regulations, approved by the 
governor and council, as may be made from time to time 
by the commissioners. 

Section 3. Any person violating any provision of this 
act, or any rule or regulation made as aforesaid, shall be 



Trout artifi- 
cially propa- 
gated may be 
sold, etc. 



Penalty. 



Acts, 1909. — Chap. 378. 347 

punished bv a tiue not exceeding twenty-five dollars for 
each offence, and the commissioners on fisheries and game 
may, in case of a violation of any rule or regulation made 
by them, suspend or revoke any license or permit gT anted 
by them imder authority of this act. 

Section 4. Sections . fifty-seven, fifty-eight and fifty- Repeal, 
nine of chapter ninety-one of the Eevised Lav^^s, chapter 
one hundred and ninety of the acts of the year nineteen 
hundred and five, chapters two hundred and sixty-three 
and three hundred and fourteen of the acts of the year 
nineteen hundred and six, chapter two hundred and ninety- 
six of the acts of the year nineteen hundred and seven, and 
all acts and parts of acts inconsistent herewith are hereby 
repealed. 

Section 5. This act shall take effect on the first day When to take 
of July in the year nineteen hundred and nine. 

Approved May 13, 1909. 



An Act rei^tive to the support of certain inmates (^^^^^ 373 
op the massachusetts state sanatorium. 

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter eighty-eight of the r. l. 88, § 7, 
Revised Laws is hereby amended by striking out the *'^^°^^'^- 
words " overseers of the poor ", in the eighth line, and 
inserting in place thereof the words : — board of health, — 
so as to read as follows : — Section 7. The charges for Payment of 
the support of the inmates of said sanatorium who are of suppm-t oT 
sufficient ability or have persons or kindred bound by law mat^rorthe 
to maintain them shall be paid by such inmates, such SeTa'^na^-''"^ 
persons or such kindred at a rate to be determined by the to"uni- 
trustees of said sanatorium. The board of such inmates 
as have a legal settlement in a city or town shall be paid by 
said city or tovtai if such patients are received at said san- 
atorium on the request of the board of health thereof. The 
trustees may in their discretion receive other patients who 
have no means to pay for treatment ; and the board of all 
such patients shall be paid by the commonwealth. 

Section 2. This act shall take effect upon its passage. 
Approved May 13, 1909. 



348 



Acts, 1909. — Chaps. 379, 380. 



Chap.379 An Act to provide for the inspection by the state 

BOARD OF CHARITY OF CERTAIN CHARITABLE INSTITU- 



State board of 
charity to 
inspect certain 
charitable 
institutions, 
etc. 



Be it enacted, etc., as follows: 

Section 1. The state board of charity, upon the request 
or with the consent of a charitable corporation which, un- 
der the provisions of section fourteen of chapter eighty- 
four of the Revised Laws, as amended by chapter four 
hundred and two of the acts of the year nineteen hundred 
and three, is required to make an annual report to said 
board, shall, at least once in every year, visit and inspect 
the institution or investigate the work of such corporation. 

Section 2. This act shall take effect upon its passage. 
Approved May 18, 1909. 



1902, 213. § 1, 
etc., amended. 



Chap.SSO An Act relative to the expense of caring for per- 
sons infected with diseases dangerous to the 
public health. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
thirteen of the acts of the year nineteen hundred and two, 
as amended by section one of chapter three hundred and 
eighty-six of the acts of the year nineteen hundred and 
seven, is hereby further amended by adding at the end 
thereof the words : — and also in any case liable to be 
maintained by the commonwealth when public aid has been 
rendered to such sick person, a written notice shall be sent 
to the state board of charity, containing such information 
as will show that the person named therein is a proper 
charge to the commonwealth, and reimbursement shall be 
made for the reasonable expenses incurred within five 
days next before such notice is mailed, and thereafter until 
such sick person is removed under the provisions of chapter 
three hundred and ninety-five of the acts of the year nine- 
teen hundred and four, or is able to be so removed without 
endangering his or the public health, ■ — so as to read as 
follows: — Section 1. Eeasonable expenses incurred by 
the board of health of a city or town or by the common- 
wealth in making the provision required by law for persons 
infected with small])ox or other disease dangerous to the 
public health shall be paid by such person or his parents 



Payment of 
expenses 
incurred by 
cities and 
towns in 
caring for per- 
sons infected 
with diseases 
dangerous to 



Acts, 1909. — Chap. 381. 349 

if he or they be able to pav, otherwise by the city or town the pubUc 
in which he has a legal settlement, upon the approval of the ^ 
bill by the board of health of such city or town or by the 
state board of charity; and such settlements shall be de- 
termined by the overseers of the poor, and by the state 
board of charity in cases cared for by the commonwealth. 
If the person has no settlement, such expense shall be paid 
by the commonwealth, upon the approval of bills therefor 
by the state board of charity. In all cases of persons having 
settlements, a written notice sent within the time required 
in the case of aid given to paupers, shall be sent by the 
board of health, or by the officer or board having the powers 
of a board of health in the city or town where the person 
is sick, to the board of health, or to the officer or board hav- 
ing the powers of a board of health in the city or town in 
which such person has a settlement, who shall forthwith 
transmit a copy thereof to the overseers of the poor of the 
place of settlement. In case the person has no settlement, 
such notice shall be given to the state board of health, in 
accordance with the provisions of section fifty-two of chap- 
ter seventy-five of the Revised Laws, and also in any case 
liable to be maintained by the commonwealth when public 
aid has been rendered to such sick person, a written notice 
shall be sent to the state board of charity, containing such 
information as will show that the person named therein 
is a proper charge to the commonwealth, and reimburse- 
ment shall be made for the reasonable expenses incurred 
within five days next before such notice is mailed, and 
thereafter until such sick person is removed under the 
provisions of chapter three hundred and ninety-five of the 
acts of the year nineteen hundred and four, or is able to 
be so removed without endangering his or the public 
health. 

Section 2. This act shall take effect on the first day of ^^^n to take 
July in the year nineteen hundred and nine. 

Approved May IS, 1909. 

Ax Act relative to the withdrawal of appeals ix Ohart S81 

CRIMINAL CASES IN THE LOWER COURTS. 

Be it enacted, etc., as follows: 

Chapter two hundred and nineteen of the Revised Laws r. l. 219, § 28. 
is hereby amended by striking out section twenty-eight and 



350 Acts, 1909. — Chap. 382. 

Withdrawal of insertins; in place thereof the following : — Section 28. 

appeals in ii • ^ j- ^ • ■ c 

criminal casea, The appellant maj, at any time beiore the next sitting of 
the superior court for criminal business, come personally 
before the court or trial justice from whose judgment the 
appeal was taken and withdraw his appeal. If the appel- 
lant has been committed, the officer in charge of the jail, 
within forty-eight hours after his commitment, shall notify 
him of his right to withdraw his appeal and shall furnish 
him with a blank form of withdrawal, which, if signed by 
him, shall be witnessed by said officer and forwarded with 
the defendant to the court or trial justice from whom the 
appeal was taken. In either case the court or trial justice 
shall order that the appellant comply with the sentence ap- 
pealed from, in the same manner as if it were then first 
imposed, and if sureties had recognized with the appellant 
to prosecute his appeal they shall be discharged. In case 
the copy of the record of conviction has been transmitted 
to the superior court, the court or trial justice shall notify 
the clerk of the superior court of the withdrawal of the 
appeal, who shall thereupon make a memorandum of the 
same upon the record of the superior court. 

Approved May 13, 1909. 

Cha^.dS2 An Act to include sealers and inspectors of weights 

AND MEASURES IN CITIES AND IN CERTAIN TOWNS WITHIN 
THE CLASSIFIED CIVIL SERVICE. 

Be it enacted, etc., as follows: 

hiTpecto^ra'of Section 1. The civil service commissioners may pre- 

weightsand pare Tules, which shall take effect when approved by the 

measures to i ' ., , , • i i i i /• 

be included govemor and council m the manner provided by law, lor 
classified civil including within the classified civil service all principal 
or assistant sealers of weights and measures holding office 
by appointment under any city or any town of over ten 
thousand inhabitants, whether such officers are heads of 
principal departments or not, and also for including within 
the said service the inspectors of weights and measures of 
the commonwealth. 
Repeal. Section 2. All acts and parts of acts inconsistent here- 

with are hereby repealed. 

Section 3. This act shall take effect upon its passage. 
Approved May 13, 1909. 



service. 



Acts, 1909. — Chaps. 883, 384. 351 

An Act relative to the consolidation of the prop- (Jhnj) 383 

ERTIES AND FRANCHISES OF THE BOSTON ELEVATED 
RAILWAY COMPANY AND THE WEST END STREET RAILWAY 
COMPANY. 

Be it enacted, etc., as follows: 

Section 1. Section fifteen of chapter five hundred and amfnd^.' ^ ^^' 
fiftj-one of the acts of the year nineteen hundred and eight 
is hereby amended by striking out the word " nine ", in the 
third line, and inserting in place thereof the word : — ten, 
— so as to read as follows: — Section 15. Unless the pur- Purchase and 
chase and sale herein authorized are effected on or before effected before 
December thirty-first, nineteen hundred and ten, all au- ''^'■*^"' '^^*®- 
thority hereunder to make the same shall cease: provided, Proviso, 
that if such purchase and sale are delayed by litigation 
either the Boston Elevated Kailway Company or the West 
End Street Kailway Company may apply to the said board 
for an extension of the time therefor, and the board after 
notice and a public hearing and upon proof that such liti- 
gation is not collusive may from time to time determine 
what extension of time may reasonably be allowed for 
completing such purchase and sale, and such further time 
shall thereupon be allowed therefor. 

Section 2. This act shall take effect upon its passage. 
Approved May IS, 1909. 



An Act to provide for additional clerical assistance Qj^fy^ 334 

FOR THE REGISTER OF PROBATE AND INSOLVENCY FOR 
THE COUNTY OF WORCESTER. 

Be it enacted, etc., as follows: 

The register of probate and insolvency for the county Clerical 
of AVorcester shall be allowed, in addition to the amount register of 
now allowed by law, a sum not exceeding eighteen hundred fnToivlncy, 
dollars per annum, for clerical assistance actually per- ^mlty?^*^ 
formed, to be paid from the treasury of the commonwealth 
upon the certificate of a judge of probate and insolvency 
for said county. Approved May 13, 1909. 



352 



Acts, 1909. — Chap. 385. 



The Connecti- 
cut Valley 
Street Rail- 
way Company 
may fund it3 
debt. 



Chap.SS5 Ajst Act to authorize the Connecticut valley steeet 

RAILWAY company TO FUND ITS FLOATING DEBT AND 
REFUND ITS FUNDED DEBT. 

Be it enacted, etc., as follows: 

Section 1. The Connecticut Valley Street Railway 
Company is hereby authorized to issue, subject to the ap- 
proval of the board of railroad commissioners, bonds, notes 
or other evidences of indebtedness, payable at periods of 
more than twelve months after the date thereof, for the 
purpose of refunding or providing means to pay its present 
funded debt, including the bonds and debt assumed by 
said company as a result of consolidating with or purchas- 
ing the franchise and property of other street railway com- 
panies, and for funding and providing means to pay and 
discharge said company's other obligations, incurred for 
any purposes for which street railway companies are au- 
thorized to issue bonds under section one hundred and 
three of Part III of chapter four "hundred and sixty-three 
of the acts of the year nineteen hundred and six, and to 
issue such bonds, coupon notes or other evidences of in- 
debtedness, payable at periods of more than twelve months 
after the date thereof, for any of the purposes aforesaid, 
to such an amount in excess of the amount of its capital 
stock at the time actually paid in, as the board of railroad 
commissioners may deem and vote to be reasonably re- 
quired for the purposes aforesaid : provided, liowever, that 
the total amount of such bonds, notes and other evidences 
of indebtedness, payable at periods of more than twelve 
months after the date thereof, at any time issued and out- 
standing under authority of this act shall not exceed 
seven hundred and fifty thousand dollars. For the purpose 
of securing such bonds, notes or other evidence of indebted- 
ness, said company may at one time, or from time to time, 
mortgage the whole or any part of its property or of the 
equity therein, including property to be acquired after the 
date of any mortgage made by it under authority of this 
act. The record of any such mortgage, and of any sup- 
plementary or confirmatory mortgage, in the registry of 
deeds of each county or district of a county within which 
any of the railway of said company is located, shall be a 
sufficient record for all purposes, to create a valid lien 



Acts, 1909. — Chaps. 386, 387. 353 

under said mortgage upon all property therein described, 
and thereby conveyed or intended to be conveyed. 

Section 2. This act shall take effect upon its passage. 
Approved May 13, 1909. 



An Act to increase the number of officers in at- Cliap.S86 

TENDANCE UPON THE SESSIONS FOR CRIMINAL BUSINESS 
OF THE MUNICIPAL COURT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-four of chapter one hundred Amended.' ^ ^^' 
and sixty of the Revised Laws is hereby amended by strik- 
ing out the word " six ", in the third line, and inserting in 
place thereof the word : — eight, — so as to read as fol- 
lows: — Section 6 J/. The justices of the municipal court m^nfc?pai 
of the city of Boston, or a majority of them, shall appoint Boston^ ap- 
officers for attendance upon the sessions of the court, not pointment. etc. 
exceeding eight for criminal business and three for civil 
business, and may at any time remove said officers for a 
cause which is considered by the justices to be sufficient, 
and shall fill any vacancy which is caused by removal or 
otherwise. Such officers may serve the warrants, mitti- 
muses, precepts, orders and processes of said court. 

Section 2. This act shall take effect upon its passage. 
Approved May 13, 1909. 



Ax Act to provide office accommodations for the r'/,^^ qq't 

LICENSING BOARD FOR THE CITY OF BOSTON. ' 

Be it enacted, etc., as follows: 

Section 1. The licensing board for the city of Boston office accom- 
is hereby authorized, at the expiration of the present lease die itcensLg " 
and subject to the approval of the governor and council, Boston"^ 
to provide itself with suitable rooms, suitably furnished, 
for the performance of its duties, the rent of which shall 
not exceed the sum of five thousand dollars, including cost 
of janitor service. The rent of the rooms and the cost of 
furnishing them shall be paid by the city of Boston, uj^on 
requisition by the said board. 

Section 2. So much of section two of chapter two Repeal. 
hundred and ninety-one of the acts of the year nineteen 



354 Acts, 1909. — Chap. 388. 

hundred and six as is inconsistent herewith is hereby re- 
l^ealed. 

Sectiojt 3. This act shall take effect upon its passage. 
Approved May 13, 1909. 

Chap.S88 An Act relative to APPROPRiATioisrs fob tpie support 

OF THE PUBLIC SCHOOLS OF THE. CITY OF BOSTON. 

Be it enacted, etc., as follows: 
1898, 400, § 1, Section 1, Section one of chapter four hundred of the 

etc., amended. i i i t • • i 

acts 01 the year eighteen hundred and ninety-eight, as 
amended by section one of chaj^ter four hundred and 
forty-eight of the acts of the year nineteen hundred and 
one, by section one of chapter one hundred and seventy 
of the acts of the year nineteen hundred and three, and by 
section one of chapter two hundred and five of the acts of 
the year nineteen hundred and six, is hereby further 
amended by striking out the said section and inserting in 
The school place thereof the following: — Section 1. The school 
Boston miy Committee of the city of Boston, in each year, by vote of 
lmat1oM?e°tc. f'our fifths of all its members, taken by yeas and nays, may 
make an appropriation in one sum for constructing and 
furnishing new school buildings, including the taking of 
land therefor and for school yards, and the preparing of 
school yards for use, and may also make an appropriation 
in one sum for repairs and alterations of school buildings, 
and may make such other appropriations by items for the 
Amounts to be support of the public schools as it deems necessary. The 
total amount to be thus appropriated for the public schools 
of the city and their support, in addition to the money 
which may be given therefor, the income collected, the 
balance of appropriations of years preceding such year, 
and the money which may be authorized by acts of the 
general court passed prior to the year nineteen hundred 
and nine and not repealed, shall not exceed the following 
sums for the periods specified, to wit : — 

For the financial year ending on the thirty-first day of 
January in the year nineteen hundred and ten, three dol- 
lars and fifty cents ; for the financial year ending on the 
thirty-first day of January in the year nineteen hundred 
and eleven, three dollars and sixty cents ; for the financial 
year ending on the thirty-first day of January in the year 
nineteen hundred and twelve, three dollars and seventy 



Acts, 1909. — Chaps. 389, 390. 355 

cents ; and for each financial year thereafter, three dollars 
and seventy cents npon each one thousand dollars of the 
valuation on which the appropriations of the city council 
are based ; and the amounts which may so he raised shall 
be aj^propriated by the school committee as aforesaid, and 
shall be a part of and be met by taxes within the tax limit ; 
and of said amounts not less than forty cents upon every 
such one thousand dollars shall be appropriated solely 
for new school buildings, lands, yards and furnishings as 
aforesaid, and not less than twenty-five cents upon every 
such one thousand dollars shall be appropriated solely for 
repairs and alterations of school buildings. 

Section 2, This act shall take effect upon its passage. 
Approved May Ik, 1909. 



Cha2J.389 



Ax Act to authorize the abatement of a tax assessed 

TJPOISr premises occupied by the LAWRENCE YOUNG 

men's christian association. 
Be it enacted, etc., as follows: 

Section 1. The assessors of the city of Lawrence are Tax assessed 
hereby authorized to abate the tax assessed in the year proper*fy"in 
nineteen hundred and seven to William E. Gowing and LaVrence^ 
others, trustees, upon the land and building at the north- abated, 
west corner of Appleton and Methuen streets in that city, 
the said premises having been accepted by the Lawrence 
Young Men's Christian Association. 

Section 2. This act shall take effect upon its passage. 
Approved May Ik, 1909. 



An Act relative to mutual fire insurance companies. 
Be it enacted, etc., as follows: 



Chap.390 



Section 1. Section forty-seven of chapter five hundred i?07, 576, 

«^ i etc.. amen 



and seventy-six of the acts of the year nineteen hundred 
and seven, as amended by chapter four hundred and eighty- 
two of the acts of the year nineteen hundred and eight, is 
hereby further amended by inserting after the first para- 
graph the words : — Any such company may hold cash 
assets in excess of its liabilities, but such excess shall be 
limited to two per cent of its insurance in force, shall 
be subject to the provisions of law relative to the invest- 



j 47. 
etc., amended. 



356 



Acts, 1909. — Chap. 391. 



Pajfment of 
dividends, etc. 



Cash assets 
limited, etc. 



Notice to be 
given of 
amount of 
dividend, etc. 



Repeal. 



ment of the capital stock of insurance companies on the 
stock plan, and may be used from time to time in payment 
of losses, dividends and expenses, — so as to read as fol- 
lows : — Section Jf7. From time to time the directors of a 
mutual fire insurance company may by vote fix and de- 
termine the percentages of dividend to be paid on expiring 
policies, which percentages may in their discretion be dif- 
ferent for policies insuring farm risks from those applying 
on policies covering other classes of risks of the same term ; 
but every policy placed in the said class of farm risks shall, 
when issued, bear an endorsement to the effect that it is so 
classified. 

Any such company may hold cash assets in excess of its 
liabilities, but such excess shall be limited to two per cent 
of its insurance in force, shall be subject to the provisions 
of law relative to the investment of the capital stock of 
insurance companies on the stock plan, and may be used 
from time to time in payment of losses, dividends and 
expenses. 

Each policy holder of a domestic company, and each 
Massachusetts policy holder of a foreign company, shall 
be notified at his last known address within six months 
after the expiration of his policy of the amount of any 
dividend declared and payable thereon, unless in the mean- 
time such dividend has been paid in cash or applied in 
payment of the premium on the renewal of the policy. 

Section 2. Section forty-six of said chapter five hun- 
dred and seventy-six is hereby repealed. 

Section 3. This act shall take effect upon its passage. 
Approved May IJf, 1909. 



Chap.S91 An Act relative to the care and removai. by the 

STATE BOARD OF CHARITY OF PERSONS INFECTED WITH 
DISEASES DANGEROUS TO THE PUBLIC HEALTH. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and 
ninety-five of the acts of the year nineteen hundred 
and four is hereby amended by striking out the words '^ and 
may remove such person thereto ", at the end of said sec- 
tion, and inserting in place thereof the words : — and 
shall have the same authority to remove such persons 
thereto as is conferred upon boards of health by the pro- 



1904, 395, § 1, 
amended. 



Acts, 1909. — Chap. 392. 357 

visions of section thirty-six of chapter seventy-five of the 
Revised Laws, as amended by chapter three hundred and 
sixty-five of the acts of the year nineteen hundred and six, 
— so as to read as follows : — Section 1. The state board g^^lnl in-'^''' 
of charity may, if found expedient, remove any person who disease!"'' 
is infected with a disease dangerous to the public health, J^"^®ubiic*° 
and who is maintained or liable to be maintained by the health, 
commonwealth, to any hospital provided for state paupers, 
or may provide such place of reception for such person as 
is judged best for his accommodation and the safety of 
the public, which place shall be subject to the regulations 
of the board, and shall have the same authority to remove 
such persons thereto as is conferred upon boards of health 
by the provisions of section thirty-six of chapter seventy- 
five of the Revised Laws, as amended by chapter three 
hundred and sixty-five of the acts of the year nineteen 
hundred and six. 

Section 2. Any expenses incurred in carrying out the Payment of 
provisions of this act may be paid from the annual appro- 
priation for expenses in connection with smallpox and 
other diseases dangerous to the public health, 

Sectiox 3. This act shall take effect upon its passage. 
Approved May IJf, 1909. 



An Act relative to the scituate water company. 
Be it enacted, etc., as follows: 



Chap,S92 



etc., amended. 

ninety-one of the acts of the year eighteen hundred and 

ninety-three, as amended by chapter fifty-one of the acts 

of the year nineteen hundred and three, is hereby further 

amended by striking out the words " real estate ", in the 

second line, and inserting in place thereof the word : — 

lands, — and also by inserting after the word " hundred ", 

in the fourth and fifth lines, the words : — and fifty, — so 

as to read as follows : — Section 6. The said corporation The Scituate 

may, for the purposes set forth in this act, hold lands not pany maT 

exceeding in value twenty thousand dollars, and the whole cap^^arstock, 

capital stock of said corporation shall not exceed one hun- ^*°" 

dred and fifty thousand dollars, to be divided into shares 

of one hundred dollars each; and said corporation may 

issue bonds to an amount not exceeding the amount of its 

capital stock actually paid in and applied to the purpose 



358 



Acts, 1909. — Chap. 393. 



of its incorporation, and may secure the same at any time 
by a mortgage of its franchise and property. 

Section 2. This act shall take effect upon its passage. 
Approved May IJ^, 1909. 



1907, 
etc., I 



§1. 



(7Aaj?.393 An" Act kelative to the opekation and inspection of 

STEAM BOILERS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and 
sixty-five of the acts of the year nineteen hundred and 
seven, as amended by section one of chapter five himdred 
and sixty-tkree of the acts of the year nineteen hundred 
and eight, is hereby further amended by inserting after 
the word " installed ", in the nineteenth and twentieth 
lines, the words : — A boiler in this commonwealth at the 
time of the passage of this act, which does not conform to 
the rules of construction formulated by the board of boiler 
rules may be installed after a thorough internal and ex- 
ternal inspection and hydrostatic pressure test by a mem- 
ber of the boiler inspection department of the district 
police, or by an inspector holding a certificate of com- 
petency as an inspector of steam boilers, as provided by 
section six of chapter four hundred and sixty-five of the 
acts of the year nineteen hundred and seven, and employed 
by the company insuring the boiler. The pressure allowed 
on such boilers is to be ascertained by rules formulated by 
the board of boiler rules, — so as to read as follows : — 
Section 1. All steam boilers and their appurtenances, ex- 
cept boilers of railroad locomotives, motor road vehicles, 
boilers in private residences, boilers in public buildings 
and in apartment houses used solely for heating, and carry- 
ing pressures not exceeding fifteen pounds per square inch, 
and having less than four square feet of grate surface, 
boilers of not more than three horse power, boilers used 
for horticultural and agricultural purposes exclusively, and 
boilers under the jurisdiction of the United States, shall 
be thoroughly inspected internally and externally at inter- 
vals of not over one year, and shall not be operated at pres- 
sures in excess of the safe working pressure stated in the 
certificate of inspection hereinafter mentioned, which 
pressure is to be ascertained by rules established by the 
board of boiler rules, to be appointed as hereinafter pro- 



Operation and 
inspection of 
steam boilers. 



Acts, 1909. — Chap. 393. 359 

vided ; and shall be equipped with such appliances to in- 
sure safety of operation as shall be prescribed by said 
board. All such boilers installed after January first, nine- 
teen hundred and eight, shall be so inspected when in- 
stalled. A boiler in this commonwealth at the time of the 
passage of this act, which does not conform to the rules of 
construction formulated by the board of boiler rules may 
be installed after a thorough internal and external inspec- 
tion and hydrostatic pressure test by a member of the 
boiler inspection department of the district police, or by 
an inspector holding a certificate of competency as an in- 
spector of steam boilers, as provided by section six of chap- 
ter four hundred and sixty-five of the acts of the year 
nineteen hundred and seven, and employed by the company 
insuring the boiler. The pressure allowed on such boilers 
is to be ascertained by rules formulated by the board of 
boiler rules. 'No certificate of inspection shall be granted 
on any boiler installed after May first, nineteen hundred 
and eight, which does not conform to the rules formulated 
by the board of boiler rules. 

Section 2. Section twenty-six of said chapter four i907, 465, § 26. 
hundred and sixty-five is hereby amended by adding at the ^°^^" 
end thereof the words : — The board of boiler rules shall 
hold public hearings on the first Thursday in May and 
Xovember of each year, and at such other times as the 
board may determine, on petitions for changes in the rules 
formulated by said board. If the board, after any such 
hearing, shall deem it advisable to make changes in said 
rules, it shall appoint a day for a further hearing, and 
shall give notice thereof and of the changes proposed by 
advertising in at least one newspaper in each of the cities 
of Boston, Worcester, Springfield, Fall River, Lowell and 
Lynn, at least ten days before said hearing. If the board 
on its own initiative contemplates changes in said rules, 
like notice and a hearing shall be given and held before the 
adoption thereof. Changes made in the rules which affect 
the construction of new boilers shall take effect six months 
after the approval of the same by the governor: provided, 
however, that the board may, upon request, permit the 
application of such change in, or additions to, rules, to 
boilers manufactured or installed during said six months. 
When a person desires to manufacture a special type of 
boiler the design of which is not covered by the rules 



360 



Acts, 1909. — Chap. 393. 



Rules to be 
formulated. 



1907, 465, 
amended. 



formulated by the board of boiler rules, lie shall submit 
drawings and specifications of such boiler to said board, 
which, if it approves, shall permit the construction of the 
same, — so as to read as follows : — Section 26. It shall 
be the duty of the board of boiler rules to formulate rules 
for the construction, installation and inspection of steam 
boilers, and for ascertaining the safe working pressure to 
be carried on said boilers, to prescribe tests, if they deem 
it necessary, to ascertain the qualities of materials used 
in the construction of boilers ; to formulate rules regulating 
the construction and sizes of safety valves for boilers of 
diiferent sizes and pressures, the construction, use and lo- 
cation of fusible safety plugs, appliances for indicating 
the pressure of steam and the level of water in the boiler, 
and such other appliances as the board may deem necessary 
to safety in operating steam boilers ; and to make a stand- 
ard form of certificate of inspection. The board of boiler 
rules shall hold public hearings on the first Thursday in 
May and November of each year, and at such other times 
as the board may determine, on petitions for changes in the 
rules formulated by said board. If the board, after any 
such hearing, shall deem it advisable to make changes in 
said rules, it shall appoint a day for a further hearing, 
and shall give notice thereof and of the changes proposed 
by advertising in at least one newspaper in each of the 
cities of Boston, Worcester, Springfield, Fall River, Lowell 
and Lynn, at least ten days before said hearing. If the 
board on its own initiative contemplates changes in said 
rules, like notice and a hearing shall be given and held 
before the adoption thereof. Changes made in the rules 
which affect the construction of new boilers shall take 
efi^ect six months after the approval of the same by the 
governor: provided, however, that the board may, upon 
request, permit the application of such change in, or addi- 
tions to, rules, to boilers manufactured or installed during 
said six months. When a person desires to manufacture 
a special type of boiler the design of which is not covered 
by the rules formulated by the board of boiler rules, he 
shall submit drawings and specifications of such boiler to 
said board, which, if it approves, shall permit the con- 
struction of the same. 

Section 3. Section twenty-eight of said chapter four 
hundred and sixty-five is hereby amended by adding at the 



Acts, 1909. — Chap. 394 361 

end thereof the words : — The provisions of this act relative 
to the inspection and operation of boilers within the com- 
monwealth shall not be held to apply to steam fire engines 
brought into the commonwealth for temporary use in times 
of emergency, for the purpose of checking conflagrations, — 
so as to read as follows : — Section 28. The boiler inspec- Enforcement 
tion department of the district police shall enforce the pro- ° proMsions. 
visions of the preceding sections, and such rules as shall be 
promulgated by the board of boiler rules with the approval 
of the governor. Whoever violates any provision of this Penalty, 
act or of the said rules shall be punished by a fine of not 
less than twenty nor more than five hundred dollars or by 
imprisonment for not more than six months, or by both 
such fine and imprisonment. A trial justice shall have 
jurisdiction of complaints for violation of the provisions 
of this act, and in such cases may impose a fine of not more 
than fifty dollars. All members of the boiler inspection 
department of the district police shall have authority in 
the pursuance of their duty to enter any premises on 
which a boiler is situated, and any person who hinders 
or prevents or attempts to prevent any member of the 
boiler inspection department from so entering shall be lia- 
ble to the penalty specified in this section. The provisions 
of this act relative to the inspection and operation of 
boilers within the commonwealth shall not be held to apply 
to steam fire engines brought into the commonwealth for 
temporary use in times of emergency, for the purpose of 
checking conflagrations. Approved May IJf, 1909. 

Ax Act relative to the liability fok the extin- (JJiq^^j 394 

GUISHMENT OF FOREST FIRES. 

Be it enacted, etc., as follows: 

Section 1. Any railroad corporation which, by its Liability for 
servants or agents, negligently, or in violation of law, sets men't^of'forest 
fire to grass lands or forest lands shall be liable to any city ^^^^' 
or town in which such fire occurs, for the reasonable and 
laAvful expense incurred by such city or town in the ex- 
tinguishment of the fire. 

Section 2. Cities and tovsms may recover sums to Cities and 
which they are entitled under the provisions of this act by reroveretc. 
an action of contract in the superior court. 

Approved May IJ/-, 1909. 



362 



Acts, 1909. — Chap. 395. 



1891, 364, § 31, 
etc., amended. 



Chap.S95 An Act relative to the school committee of the 

CITY OF CAMBRIDGE. 

Be it etmcted, etc., as follows: 

Section 1. Section thirty-one of chapter three hun- 
dred and sixty-four of the acts of the year eighteen hun- 
dred and ninety-one, as amended by section two of chapter 
five hundred and sixty-six of the acts of the year nineteen 
hundred and seven, and by section one of chapter three 
hundred and sixty-two of the acts of the year nineteen hun- 
dred and eight, is hereby further amended by striking out 
the words " the school committee may further appropriate 
and expend a sum sufficient to meet the necessary expenses 
of the school committee for the period beginning Decem- 
ber first, nineteen hundred and seven, and ending March 
thirty-first, nineteen hundred and eight, both dates inclu- 
sive: 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 ", in the 
seventeenth to the twenty-fourth lines, both inclusive, and 
inserting in place thereof the words : — the words " main- 
tenance of school buildings ", shall not include the restora- 
tion of a school building when damaged or destroyed by 
fire, explosion, or other unavoidable casualty, — so as to 
read as follows: — Section 31. The school committee and 
overseers of the poor shall respectively perform all such 
duties as the school committee and overseers of the poor in 
towns are required by law to perform. The school com- 
mittee shall annually appropriate money for the main- 
tenance of the schools and school buildings and for the 
salaries of all teachers and other employees, including 
janitors of school buildings, employed by them: provided, 
however, that the school committee shall not appropriate 
or expend in any one year a sum amounting to more than 
five dollars on each one thousand dollars of taxable prop- 
erty 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 de- 
partment ; and provided, further, that the words " main- 
tenance of school buildings ", shall not include the res- 
toration of a school building when damaged or destroyed 



Duties of 
school com- 
mittee and 
overseers of 
the poor. 



Acts, 1909.— Chap. 396. 363 

bj fire, explosion, or other unavoidable casualty. The 
school coniniittee shall appoint a superintendent of schools 
and shall elect the teachers of the public schools as pro- 
vided by section thirty-two of chapter forty-two of the 
Revised Laws. It shall approve the location and plans of 
all school buildings. It shall have entire charge of the 
buildings used for school purposes and shall have authority 
to appoint 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 
devoted to the maintenance of schools. The overseers of o/lterleera" 
the poor shall annually on the first Monday of May meet of the poor, 
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 May IJf, 1909. 

Ax Act relative to the protection of deer. CTiart S96 

Be it enacted, etc., as follows: 

Section seventeen of chapter ninety-two of the Revised R- L- 92, § 17. 
Laws, as amended by chapter three hundred and seven of 
the acts of the year nineteen hundred and seven and by 
chapter three hundred and seventy-seven of the acts of the 
year nineteen hundred and eight, is hereby further 
amended by striking out the said section and inserting 
in place thereof the following: — Section 17. It shall be Hunting, etc., 
unlawful before the first day of ISTovember in the year reg'^ated 
nineteen hundred and ten to hunt, pursue, wound or kill a 
deer, or to sell or offer for sale, or to have in possession 
for the purpose of sale, a deer or the flesh of a deer cap- 
tured or killed in this commonwealth: provided, that this provisos, 
act shall not apply to a tame deer belonging to any person 
and kept on his own premises ; and provided, further, that 
any farmer or other person may pursue, on land owned or 
occupied by him, wound or kill with a shotgTin, but not 
with a rifle, any deer which he can prove was found de- 
stroying or injuring any fruit tree or any crop, except 
grass growing on uncultivated land ; and he may authorize 
any member of his family, or any person employed by 



364 



Acts, 1909. — Chap. 397. 



Penalty. 



him so to pursue, wound or kill a deer under the circum- 
stances above specified. In the event of the wounding or 
killing of a deer as aforesaid, it shall be the duty of the 
person by whom or under whose direction the deer was 
wounded or killed to mail or transmit within twenty-four 
hours thereafter a report in writing of the facts relative to 
the wounding or killing, signed by him, to the commis- 
sioners on fisheries and game. The said report shall state 
the time and place of the wounding or killing, and the 
kind of tree or crop injured or destroyed by the deer. But 
it shall be unlawful to sell or offer for sale a deer or any 
part thereof killed under the aforesaid provision. A vio- 
lation of any provision of this section shall be punished 
by fine not exceeding one hundred dollars for each offence. 

Approved May H, 1909. 



L908, 125, § 3, 
imended. 



ChcijJ.^dl An Act to provide for an additional appropriation 

FOR THE erection AT ATTLEBOROUGH OF A BUILDING 
FOR THE FOURTH DISTRICT COURT OF BRISTOL. 

Be it enacted, etc., as follows: 

Section three of chapter one hundred and twenty-five of 
the acts of the year nineteen hundred and eight is hereby 
amended by striking out the word " thirty ", in the fourth 
line, and inserting in place thereof the words : — one hun- 
dred, — by striking out the word " three ", in the sixth 
line, and inserting in place thereof the word : — ten, — 
and by striking out the word " eight ", in the seventh line, 
and inserting in place thereof the word : — nine, — so as 
to read as follows : — Section 3. In order to meet the ex- 
penses incurred under this act said county commissioners 
may borrow from time to time upon the credit of said 
county a sum not exceeding one hundred thousand dollars. 
This indebtedness shall be paid out of amounts received 
for taxes, at the rate of ten thousand dollars each year, 
beginning with the year nineteen hundred and nine, until 
the whole indebtedness is j)aid. 

Approved May IJk, 1009. 



County com- 
missioners 
may borrow 
money, etc. 



Acts, 1909. — Chaps. 398, 399. 365 



An Act relative to the retirement of certain vet- QJiq^y) 393 
eran clerks of courts. 

Be it enacted, etc., as follows: 

A veteran of the civil war in the service of any county, Retirement of 
as clerk of any court, if incapacitated for active duty, may of '^Jou'l-ts.^'^ 
be retired from active service by the commissioners of the 
county in which he is employed, with the consent of the 
governor, at one half the rate of compensation paid to 
him when in active sendee, to be paid out of the treasury 
of the county: provided, that no veteran shall be entitled Proviso, 
to be retired under the provisions of this act unless he shall 
have been in the service of the county at least ten years 
and shall have arrived at the age of sixty-five. But, if, 
in the opinion of the governor and council, any veteran of 
the civil war in said service is incapacitated to such a de- 
gree as to render his retirement necessary for the good of 
the service, he may so be retired at any time. 

Approved May 17, 1909. 



An Act to provide for the registration of public f^jj^y. 000 

ACCOUNTANTS. ■^' 

Be it enacted, etc., as follows: 

Section 1. The bank commissioner shall have charge Registration 
of the registration of public accountants, shall make such aLoun'tants. 
rules as are necessary to carry out the provisions of this 
act, and shall keep a record of all certificates issued here- 
under, a duplicate of which shall be open to inspection in 
the office of the secretary of the commonwealth. 

Section 2. The said commissioner shall examine any Examination 
citizen of the United States resident in the commonwealth °^ applicants. 
and not less than twenty-one years of age, who may apply 
for such a certificate, shall investigate his character and 
fitness and shall require the payment of such a reasonable 
and fixed fee, not exceeding twenty-five dollars for each 
certificate, as may be necessary in his opinion to carry 
out the provisions of this act. 

Section 3. Any applicant whom said commissioner certification of 
deems to have the necessary qualifications and professional accountants, 
ability shall be registered as a public accountant, and shall 
receive a certificate thereof, good for one year from its 



366 



Acts, 1909. — Chap. 400. 



Penalty. 



When to take 
effect. 



date. Said certificate may be renewed from year to year 
upon the payment of five dollars for each renewal. Said 
commissioner shall have power, after notice and a hearing, 
to suspend or revoke for good cause any certificate issued 
by him. 

Section 4. Any person who falsely represents himself 
to be a public accountant registered under the provisions 
of this act, shall be deemed guilty of a misdemeanor, and 
shall be punished by a fine not exceeding five hundred 
dollars, or by imprisonment for a term not exceeding six 
months, or by both such fine and imprisonment. 

Sectioiv 5. This act shall take effect on the first day of 
October in the year nineteen hundred and nine. 

Approved May 11, 1909. 



ChapAOO An Act relative to the chattel loan company. 



1907, 415, 
amended. 



Corporation 
not to do 
business under 



Bank com- 
missioner to 
have certain 
powers, etc. 



Be it enacted, etc., as follows: 

Chapter four hundred and fifteen of the acts of the year 
nineteen hundred and seven is hereby amended by insert- 
ing after section ten the following new section, to be num- 
bered eleven: — Section 11. Said corporation shall not 
conduct its business or advertise to do business under any 
name other than its true corporate name, and shall not 
maintain any sign, placard, notice or advertisement re- 
lating to its office or place or places of business, bearing 
any name other than its true corporate name; and said 
corporation shall not maintain more than one office or 
place of business unless it shall be authorized so to do 
by the bank commissioner ; and it shall have present at each 
office during the hours when its office is open for the con- 
duct of business, on each secular day, some person duly 
authorized by the corporation to make and discharge loans 
and to execute and deliver all necessary instruments of 
discharge and release of any security held to secure the 
payment of any debt due to the corporation. The bank 
commissioner shall have power, from time to time, to estab- 
lish regulations respecting the business carried on by said 
corporation and the conduct thereof, and shall have power 
upon the violation of any such regulation or of any law 
applicable to said corporation or to the conduct of its 
business, to suspend its right to transact further busi- 
ness, in whole or in part, within the commonwealth, tempo- 



Acts, 1909. — Chap. 401. 367 

rarily or permanently, as the public interest may require ; 
and the supreme judicial court for the county of Suffolk 
shall have power in equity to enforce the provisions of law- 
applicable to said corporation, and to enforce any reason- 
able order, regulation or decision relating thereto made by 
the bank commissioner. Approved May 17 , 1909. 

An Act to provide funds for payment to the city of ChuV'^Ol 

BOSTON FOR THE INSANE HOSPITAL TAKEN BY THE, COM- 
MONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. To enable the state board of insanity to Prisons and 
carry out the provisions of chapter six hundred and thir- Loan! ^ 
teen of the acts of the year nineteen hundred and eight, 
being an act to provide for the care of the insane of the 
city of Boston by the commonwealth, said board having 
taken over the hospital for the care of insane in that city, 
and having come to an agreement with the city as to the 
payment of damages for the same in accordance with said 
act, the treasurer and receiver general is hereby authorized, 
with the approval of the governor and council, to issue 
scrip or certificates of indebtedness to an amount not ex- 
ceeding one million dollars, for a term not exceeding thirty 
years. Such scrip or certificates of indebtedness shall be 
issued as registered bonds, and shall bear interest at a rate 
not exceeding four per cent per annum, payable semi- 
annually on the first days of May and November. They 
shall be designated on the face thereof as the Prisons and 
Hospitals Loan, shall be countersigned by the governor, 
shall be deemed a pledge of the faith and credit of the 
commonwealth, and the principal and interest thereof shall 
be paid at the times specified therein in gold coin of the 
TTnited States or its equivalent. The said securities shall 
be disposed of at public auction, or in such other manner, 
and at such times and prices, and in such amounts, and 
shall bear such rates of interest, not exceeding four per 
cent per annum, as shall be deemed for the best interests 
of the commonwealth, but none of the same shall be sold 
at less than their par value. The sinking fund established sinking fund. 
by the acts of the year eighteen hundred and seventy-four, 
known as the Prison and Hospital Loan Sinking Fund, 
shall also be maintained for the purpose of extinguishing 



368 



Acts, 1909. — Chaps. 402, 403. 



Treasurer and 
receiver 
general may 
borrow money, 
etc. 



bonds issued under authority hereof; and the treasurer 
and receiver general shall apportion thereto from year to 
year an amount sufficient with the accumulations of said 
fund to extinguish at maturity the debt incurred by the 
issue of said bonds. The amount necessary to meet the 
annual sinking fund requirements and to pay the interest 
on said bonds shall be raised by taxation from year to 
year. 

Section 2. In anticipation of the issue of bonds pro- 
vided for by this act the treasurer and receiver general 
is authorized to borrow temporarily the sum herein pro- 
vided for, with the approval of the governor and council, 
if it shall be deemed for the best interests of the common- 
wealth. 

Section 3. This act shall take effect upon its passage. 
Approved May 18, 1909. 



Filing and 
receiving time 
of telegrams. 



Chap.4:02 An Act kelative to the filing and eeceiving ti:mb 

OF telegrams. 

Be it enacted, etc., as follows: 

Section 1, Every person, firm, corporation or associa- 
tion engaged in the business of transmitting communica- 
tions by telegraph in this state and charging tolls therefor, 
shall cause to appear plainly upon the addressee's copy of 
every telegram originating at and destined for a point 
within the commonwealth, the hour and minute of the day 
on which it was filed for transmission and the hour and 
minute of the day of its receipt at its destination. 

Section 2. Violation of the provisions of this act shall 
be punished by a fine not exceeding one hundred dollars 
for every telegram in respect to which the violation occurs. 

(The foregoing was laid before the Governor on the 
twelfth day of May, 1909, and after five days it had " the 
force of a laiu " , as prescribed by the Constitution, as it 
was not returned by him with his objections thereto within 
that time.) 



Penalty. 



ChapAOS An Act relative to the taking of scallops. 

Be it enacted, etc., as follows: 
Taking, etc., Section 1. It shall be unlawful to take from the flats 

of scallops n 1 Tin 11 ii 

regulated. or watcrs of the commonwealth scallops other than adult 
scallops, or to sell or offer for sale, or have in possession 



Acts, 1909. — Chap. 404. 369 

such scallops so taken. For the purposes of this act an 
adult scallop shall be a scallop with a well-defined, raised 
growth line. Scallops taken from the tide waters of the 
commonwealth shall be culled out when taken, and all 
scallops other than adult scallops so taken shall immedi- 
ately be returned alive to tide water which is at least three 
feet deep at mean low water. But the provisions of this 
section shall not apply to scallops other than adult scallops 
unavoidably taken : 'provided, that the number so taken Proviso, 
at any one time does not exceed fifteen per cent of the 
total catch, after being culled as herein provided. All 
scallops taken in accordance with the provisions of this 
act shall be taken ashore in the shell. 

Section 2. Xo person shall take scallops between the close season 
first day of April and the first day of September from the 
flats or waters of the commonwealth, or buy, sell or have in 
possession scallops so taken. But the provisions of this 
section shall not apply to the taking of scallops for bait 
in waters adjacent to the town of Xantucket from the 
first day of April to the fifteenth day of May inclusive; 
nor shall they prohibit any person at any time from taking 
scallops found on the flats or shores above mean low 
water mark. 

Section 3. Whoever violates any provision of this act Penalty, 
shall be jDunished by a fine not exceeding twenty-five dol- 
lars. Possession of scallops other than adult scallops, 
except as is otherwise provided in section one, shall be 
prima facie evidence that such scallops were taken con- 
trary to law. 

Section 4. Chapter two hundred and ninety-seven of Repeal, 
the acts of the year nineteen hundred and seven and chap- 
ter two hundred and seventy of the acts of the year nine- 
teen hundred and eight, and all acts and parts of acts 
inconsistent herewith are hereby repealed. 

Approved May 19, 1909. 

An Act to regulate the fisheeies in taunton great nj^ajyAQA. 
river and the nemase:et river. 

Be it enacted, etc., as follows: 

Chapter four hundred and one of the acts of the year isss, 40i, § lo, 
eighteen hundred and fifty-five is hereby amended by *°^®''^^'^- 
striking out section ten and inserting in place thereof the 



370 



Acts, 1909. — Chap. 405. 



Fishway to be 
kept open. 



Penalty. 



following: — Section 10. The proprietors of the mills and 
dam at King's bridge in Squawbetty village and all other 
proprietors of dams on said rivers shall maintain a way 
so constructed as not to hinder the free passage of fish 
up and down said rivers ; and into and out of the ponds at 
the head of said rivers : provided^ however, that such way 
need be kept open only at such times as may be prescribed 
in writing by the commissioners on fisheries and game. 
The proprietors of any dam on said rivers who shall not 
comply with the provisions of this section, shall forfeit 
and pay the sum of twenty dollars for every day during 
which they shall wilfully neglect to comply therewith, to 
be recovered in an action of tort, to the use of any fish 
warden, commissioners on fisheries and game, or any 
dejDuty fish and game commissioner who shall sue for the 
same, in any court of competent jurisdiction. 

Approved May 19, 1909. 



Inspectors of 
milk, appoint- 
ment, etc. 



Chap.4:05 An Act to provide for the appointment of in- 
spectors AND COLLECTORS OF MILK BY BOARDS OF 
HEALTH. 

Be it enacted, etc., as follows: 

Section 1. The boards of health of cities shall, and 
boards of health of towns or the selectmen acting as such 
boards, may, appoint one or more inspectors of milk for 
their respective cities and towns. In cities such inspectors, 
after appointment, may be removed from office in accord- 
ance with the provisions of chapter three hundred and 
fourteen of the acts of the year nineteen hundred and 
four ; in towns they may be removed at any time by the 
appointing board. Such inspectors shall have the powers 
and perform the duties now conferred and imposed by law 
upon the inspectors of milk, but they shall be under the 
control of the boards of health appointing them, and shall 
perform such other duties as the said boards may desig- 
nate. Their compensation shall be determined by the 
boards of health in cities, and by the selectmen in towns 
appointing them. 

Section 2. The collectors of milk provided for by sec- 
tion fifty-two of chapter fifty-six of the Eevised Laws shall 
hereafter be appointed by the board of health, or by the 
selectmen acting as such a board, in each city or to^vn, 



milk, appoint- 
ment, etc. 



Acts, 1909. — Chap. 406. 371 

and the said boards may also designate and employ any 
member of the board or any agent or employee thereof, to 
act as a collector of milk, and the collectors of milk so 
appointed or designated shall have the powers and per- 
form the duties conferred or imposed by law upon col- 
lectors of milk. 

Section 3. Section fifty-thi*ee of said chapter which r. l. 56, § 53. 
provides for the licensing of vendors of milk in vehicles is ^"^^'^ 
hereby amended by adding at the end thereof the follow- 
ing: — If the applicant for a license fails to comply with Revocation, 
any regulation established by the board of health in the license, 
city or town where the application is made, a license may 
be refused until he has complied with such regulation ; 
and a license granted under this section may be revoked 
at any time for failure to comply with any such regula- 
tion. If a license is refused or revoked under this pro- 
vision, an appeal may be taken to the state board of 
health, whose decision shall be final and conclusive. 

Section 4. So much of sections fifty-one and fifty-two Repeal, 
of said chapter fifty-six as is inconsistent herewith is 
hereby repealed. 

Section 5. This act shall take effect upon its passage ; when to take 
but inspectors and collectors of milk in office at the time 
of the passage of this act shall continue in office until their 
successors are a^jpointed hereunder. 

Approved May 19, 1909. 



effect, etc. 



ChapAOQ 



An Act to authorize the city of chicopee to take 
an additional water supply and to make an addi- 
tional water loan. , 

Be it enacted, etc., as follows: 

Section 1. The city of Chicopee, for the purpose of chi^o°^gg ^^ 
extending its system of water supply and supplying water *^^ke addi- 
to that part of said city known as Fairview, may take, or of water 
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 city, 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 ease- 
ments necessary for collecting, storing, holding, purify- 
ing and preserving the purity of the water and for 



372 



Acts, 1909. — Chap. 406. 



May erect 
structures, 
make excava- 
tions, etc. 



Description of 
land taken to 
be recorded. 



conveying the same to any part of said city: provided, 
however, that no source of water supi3ly and no lands neces- 
sary for preserving the quality of the water shall be 
acquired without first obtaining the advice and approval 
of the state board of health, and that the location of all 
dams, reservoirs and wells to be used as sources of water 
supply under this act shall be subject to the approval of 
said board. 

Section 2. The said city may 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 provide such other means and ap- 
pliances and do such other things as may be necessary for 
the establishment and maintenance of complete and effec- 
tive water works ; and for that purpose may construct 
wells and reservoirs and establish pumping works, and 
may construct, lay and maintain aqueducts, conduits, pipes 
and other works under or over any land, water courses, 
railroads, railways and public or other ways, and along 
such ways in said city in such manner as not unnecessarily 
to obstruct the same ; and for the purpose of constructing, 
laying, maintaining, operating and repairing such con- 
duits, pipes and other works, and for all proper purposes 
of this act, the city may dig up or raise and embank any 
such lands, highways or other ways in such manner as 
to cause the least hindrance to public travel on such ways. 
The city shall not enter upon, construct or lay any con- 
duits, pipes or other works within the location of any rail- 
road corporation, except at such time and in such man- 
ner 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 3. The city shall within ninety days after the 
taking of any lands, rights of way, water rights, water 
sources or easements as aforesaid file and cause to be re- 
corded in the registry of deeds for the county of Hampden 
a description thereof sufficiently accurate for identifica- 
tion, with a statement of the purpose for which the same 
were taken, signed by the water commissioners. The title 
to all land acquired under the provisions of this act shall 
vest in the city of Chicopee, and the land so acquired may 
be managed, improved and controlled by the board of 



Acts, 1909. — Chap. 406. 373 

water commissioners 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 said city under 
authority of this act. Any person or corporation sus- 
taining damages as aforesaid and failing to agree with 
the city 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 appli- 
cation 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 ; and no such 
ajoplication shall be made after the expiration of the said 
two years: provided, that no application for assessment of Proviso, 
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 the city under authority of this 
act, and the said period of two years shall not begin until 
the water is actually withdrawn and diverted as aforesaid. 
The city may by vote, from time to time, determine what 
amount or quantity of water it proposes to take and appro- 
priate under this act ; in which case any damages caused 
by such taking shall be based upon the said amount or 
quantity until the same shall be increased by vote or other- 
wise, and in that event the city shall be further liable only 
for the additional damages caused by such additional 
taking. 

Section' 5. The said city, for the purposes named in city of 
this act, may issue from time to time bonds, notes or scrip Wate?Loan, 
to an amount not exceeding twenty-eight thousand dollars ^*^* °^ ^^°^" 
in addition to the amounts heretofore authorized to be 
issued by the city for water purposes. Such bonds, notes 
or scrip shall bear on their face the words. City of Chico- 
pee Water Loan, Act of 1909 ; shall be payable at the 
expiration of periods not exceeding fifteen years from the 
dates of issue; shall bear interest payable semi-annually 
at a rate not exceeding four per cent per annum ; and shall 
be signed by the treasurer and countersigned by the mayor 
of the city. The city may sell such securities at public or 
private sale or pledge the same for money borrowed for 
the purposes of this act upon such terms and conditions 



374: 



Acts, 1909. — Chap. 406. 



Payment of 
loan. 



Water com- 
missionera, 
powers and 
duties, etc. 



Penalty for 
pollution of 
water, etc. 



as it may deem proper : provided, that the securities shall 
not be sold for less than their par value. 

Section 0. The city shall, at the tinie of authorizing 
said loan or any portion thereof, provide for the payment 
thereof in such annual payments, as nearly equal in 
amount as practicable, as will extinguish the same mthin 
the time prescribed by this act; and when a vote to that 
effect has been passed a sum which, with the income de- 
rived from water rates, will be sufficient to pay the annual 
expense of ojDerating its water works and the interest as 
it accrues on the said bonds, notes or scrip, and to make 
such payments on the principal as may be required under 
the provisions of this act, shall without further vote be 
assessed and collected by the city in each year thereafter in 
a manner similar to that in which other taxes are assessed, 
until the debt incurred by said loan is extinguished. 

Section 7. The board of water commissioners of said 
city appointed under the provisions of section ten of chap- 
ter three hundred and eighty-four of the acts of the year 
eighteen hundred and ninety-two, shall superintend and 
direct the construction, execution and performance of all 
the works, matters and things mentioned in the iDreceding 
sections. Said board shall make all contracts for the above 
purposes in the name and behalf of the city, but no con- 
tract shall be made by them which involves the expenditure 
of money not already appropriated for the purpose by the 
board of aldermen. All existing laws, ordinances and reg- 
ulations in respect to the said water commissioners shall 
apply to all matters herein enacted unless other provision 
is made herein. 

Section 8. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water taken or held under this act, 
or injures any structure, work or other property owned, 
held or used by said city under authority of this act, shall 
forfeit and pay to the city 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 imi3risonment in jail for a 
term not exceeding one year. 

Section 9. This act shall take effect upon its passage. 
Approved May 19, 1909. 



Acts, 1909. — Chap. 407. 375 



xVl^ Act relative to FRATERlSrAL BENEFICIARY CORPORA- (JJi^^j 4.Q7 

TIONS. 

Be it enacted, etc., as follows: 

Section twelve of chapter one hundred and nineteen of R-L. ii9,§i2, 

-*■ etc., amenaecl. 

the Revised Laws, as amended by chapter three hundred 
and thirty-two of the acts of the year nineteen hundred 
and three, is hereby further amended by inserting after ■ 
the word " particular ", in the third line, the words : — 
fraternal beneficiary corporation, — so as to read as fol- 
lows: — Section 12. A fraternal beneficiary corporation, Certain corpo- 
— or an association which limits its membership to a par- pty^deaof^ 
ticular fraternal beneficiary corporation, order, class or benefits.'etc. 
fraternity, or to the employees of towns or cities, the com- 
monwealth, or the federal government, or of a designated 
firm, business house or corporation, — or a secret frater- 
nity or order, — or a purely charitable association or 
corporation existing on the twenty-eighth day of June in 
the year eighteen hundred and ninety-nine or on the 
twenty-third day of May in the year nineteen hundred and 
one, — any one of which pays a death or funeral benefit 
not exceeding two hundred dollars, or disability benefits 
not exceeding ten dollars a week, or an annuity or gratuity 
contingent upon length of service not exceeding five hun- 
dred dollars in any one year, or any or all of said benefits, 
and which is not conducted as a business enterprise or for 
profit, may transact in this commonwealth such business, 
without otherwise conforming to the provisions of this 
chapter. An association which limits its membership, 
benefits and business as described in this section may be 
incorporated in the manner prescribed in sections one and 
two of this chapter, so far as the same are applicable. The Exemption 
money or other benefit to be paid by such a corporation 
shall be exempt from attachment as provided in section 
seventeen of this chapter. The recording officer of any 
organization claiming exemption under this section shall 
file a certified copy of its by-laws with the insurance com- 
missioner whenever he shall so require in writing. 

Approved May 19, 1909. 



from attach- 
ment. 



376 Acts, 1909. — Chaps. 408, 409. 



ChapAO^ Ais' Act relative to notices given to prevent the 

SALE OF intoxicating LIQUORS TO CERTAIN PERSONS. 

Be it enacted, etc., as folloivs: 

^meiided' ^ ^^' Section 1. Section sixty-three of chapter one hundred 
of the Eevised Laws is hereby amended by adding at the 
Selling liquor end thereof the following: — The fierson receiving a notice 
contrary" o no- Under the provisions of this section may within five days 
*"'^" thereafter give notice in writing that he will require in 

writing further means of identification, and unless a de- 
scription of the person having the habit of drinking spirit- 
uous or intoxicating liquors to excess is furnished within 
five days after such notice, giving the age, residence, oc- 
cupation and the name of the employer of such person, 
damages shall not be assessed as herein provided without 
proof that the individual was in fact known to the person 
notified. 

Section 2. This act shall take effect upon its passage. 
Approved May 19, 1909. 

ChapAOd An Act relative to the building of certain struc- 
tures OVER SOUTH UNION STREET IN THE CITY OF LAW- 
RENCE. 

Be it enacted, etc., as follows: 
may^bl built Section 1. Upon petition and after seven days' notice 

across certain 
street in tlie 



rence. 



published in at least three newspapers published in the 
citrofLaw- city of Lawrcncc, and a public hearing thereon, the board 
of aldermen of that city may, with the approval of the 
mayor, issue a permit to the Wood Worsted Mills and 
the Ayer Mills to build and maintain a bridge or bridges 
across South Union street in said city for the purpose of 
connecting buildings owned by them on opposite sides of 
said street, on such conditions and subject to such restric- 
tions as the said board may prescribe. 
Construction, Section 2. ]^o bridge built across said street, under 
a permit granted as aforesaid, shall be constructed or main- 
tained at a height less than twenty feet above the grade 
line of said street ; and no bridge shall be more than twelve 
feet in width, and no part of the bridge or its support shall 
rest on the surface of the street. 
Damages. Section 3. Any persou whose property is damaged by 

reason of the construction of any bridge permitted to be 



Acts, 1909. — Chap. 410. 377 

built as provided in this act may have the damages there- 
for determined by a jury upon petition to the superior 
court filed within one year after the construction of such 
bridge. 

Section 4. This act shall take effect upon its passage. 
Approved May 19, 1909. 



ChapAlO 



An Act relative to the compensation of certain 
clerks in the boiler inspection department of the 
district police. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter five hundred and 1906,522, §i, 

• 1111 ^iiiended. 

twenty-two of the acts of the year nineteen hundred and 
six is hereby amended by adding at the end thereof the 
words : — The salary of said four additional clerks shall 
increase by yearly increments of fifty dollars until it 
reaches the sum of seven hundred and fifty dollars: pro- 
vided, however, that such increase is approved, from year 
to year, by the chief of the district police for the efficiency 
and merit of said clerks or of any of them, — so as to read 
as follows: — Section 1. The governor is hereby author- Additional 
ized and directed to appoint five additional members of the SI^ction°de- 
inspection department of the district police, who shall be fhe*disTdcf 
not above fortv-five vears of affe. Said age limit shall police, appoint- 

,, "^ •" . ° . T , . T . . ment, etc. 

apply to all new appointments to said boiler inspection 
department, but shall not apply to any reappointment 
thereto. They shall be detailed for the inspection of 
boilers, and shall receive the same compensation now re- 
ceived by the present inspectors of boilers. The governor 
is also hereby authorized to appoint one clerk, at an annual 
salary of eight hundred dollars, to serve in the said depart- 
ment, and four additional clerks, at an annual salary .of 
six hundred dollars each, to serve at branch offices in the 
said department. The salary of said four additional clerks 
shall increase by yearly increments of fifty dollars until 
it reaches the sum of seven hundred and fifty dollars : pro- Proviso. 
vided, hoicever, that such increase is approved, from year 
to year, by the chief of the district police for the efficiency 
and merit of said clerks or of any of them. 

Section 2. This act shall take effect upon its passage. 
Approved May 19, 1909. 



378 



Acts, 1909. — Chaps. 411, 412. 



ChapAll An Act makii\-g appeopriations for the suppressiojst 

OF THE GYPSY AND BROWN TAIL MOTHS. 

Be it enacted, etc., as foUoivs: 

t\?nJ°^"^" Section 1. The sums hereinafter mentioned are ap- 

propriated, to be paid out of the treasury of the com- 
monwealth from the ordinary revenue, for the purposes 
specified, to wit : — 

For the suppression of the gypsy and brown tail moths 
in the year nineteen hundred and nine, and for expenses 
incidental thereto, a sum not exceeding one hundred and 
fifty thousand dollars, the same to be in addition to any 
amount heretofore appropriated for this j^urpose. 

For experimenting with parasites or natural enemies for 
destroying said moths, and for expenses incident thereto, 
a sum not exceeding fifteen thousand dollars, in addition 
to any unexpended balance of a former appropriation for 
this purpose. 

Section 2. This act shall take effect upon its passage. 
Approved May- 19, 1909. 



Suppression 
of gypsy and 
brown tail 
moths. 



Experiment- 
ing with 
parasites. 



ChapA12 An Act relative to the adjustment, testing and 

sealing of WEIGHING AND MEASURING DEVICES USED 
FOR HIRE OR REWARD. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter sixty-two of the 
Tievised Laws relating to the adjustment, testing and seal- 
ing of weights, measures and balances shall apply to all 
weighing and measuring devices used for the purposes of 
weighing and measuring for hire or reward. 

.Section 2. A sealer or deputy sealer shall seal such 
devices when they are tested and found correct, and shall 
mark, condemn or seize such devices if found incorrect, 
in accordance with the provisions of said chapter sixty- 
two applicable to weights, measures and balances ; and all 
penalties imposed by said chapter for violation of the pro- 
visions thereof relative to weights, measures and balances 
shall also apply to the devices aforesaid. 

Approved May 19, 1909. 



R. L. 62 to 
apply to cer- 
tain weighing 
and measuring 
devices. 



Devices to be 
marlied, etc. 



Acts, 1909. — Chaps. 413, 4:14. 379 



An Act to authorize the appointment op an addi- (7^^t),413 

TIONAL MEMBEH OF THE, DISTKICT POLICE TO SERVE AS 
AN INSPECTOR OF FACTORIES AND PUBLIC BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. The governor is hereby authorized to ap- Additional 
point one additional member of the district police force, disuicrpoiice 
who shall be employed as an inspector of factories and men't',''etc.°'°^" 
public buildings, and whose term of office, salary, powers 
and duties shall be the same as those of the members of 
the district police force already appointed. 

Section 2. This act shall take eifect upon its passage. 
Approved May 19, 1909. 



An Act relative to the establishment of three (7/^(jr),414 

SANATORIUMS FOR TUBERCULAR PATIENTS. 

Be it enacted, etc., as follows: 

Section 1. For finishing and properly equipping the Sanatoriums 
three sanatoriums provided for by chapter four hundred pTtiln^ts!^"''''"' 
and seventy-four of the acts of the year nineteen hundred expenditures 
and seven, and for grading the land about the same, the authorized for. 
trustees therefor are hereby authorized to expend a fur- 
ther sum of fifteen thousand dollars, in addition to the 
three hundred thousand dollars authorized to be expended 
by section five of the said act. 

Section 2. For the above purposes the treasurer and J^d^'recdver 
receiver general is authorized, with the approval of the fs^^^sLZ%c. 
governor and council, to issue additional scrip or certifi- 
cates of indebtedness to an amount not exceeding fifteen 
thousand dollars, for a term not exceeding thirty years, 
with interest, at a rate not exceeding four per cent per 
annum, payable semi-annually on the first days of May 
and November. The sinking fund established by chapter 
three hundred and ninety-one of the acts of the year eight- 
een hundred and seventy-four, known as the Prisons and 
Hospitals Loan Sinking Fund, shall also be maintained for 
the purpose of extinguishing bonds issued under authority 
of this act. 

Section 3. This act shall take effect upon its passage. 
Approved May 19, 1909. 



380 



Acts, 1909. — Chap. 415. 



1907, 576, § i 
amended. 



Proof of 
organization 
and capital. 



ChapA15 An Act relative to the assets of foreign insurance 

COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Section eighty-four of chapter five hun- 
dred and seventy-six of the acts of the year nineteen hun- 
dred and seven is hereby amended by inserting after the 
word " dollars ", in the sixteenth line of the second clause, 
the words : — or if authorized to transact the business of 
fire insurance only that it possesses net cash assets of not 
less than seventy-five thousand dollars, with also invested 
assets of not less than one hundred and fifty thousand dol- 
lars, with additional contingent assets of not less than 
one hundred and fifty thousand dollars ; or that it pos- 
sesses net cash assets equal to its total liability, with also 
invested assets of not less than one hundred thousand dol- 
lars and with additional contingent assets of not less than 
one hundred thousand dollars, — so that said second clause 
will read as follows : — Second, It has satisfied the insur- 
ance commissioner that it is fully and legally organized 
under the laws of its state or government to do the business 
it proposes to transact ; that it has, if a stock company, a 
fully paid up and unimpaired capital, exclusive of stock- 
holders' obligations of any description, of an amount not 
less than is required of similar companies formed under 
the provisions of this act, and if a mutual company, other 
than life, that it has net cash assets equal to the capital 
required of like companies on the stock plan; or that it 
possesses net cash assets of not less than one hundred thou- 
sand dollars or net cash assets of not less than fifty thou- 
sand dollars, with also invested assets of not less than 
one hundred thousand dollars and, in each case, with 
additional contingent assets of not less than three hundred 
thousand dollars, or if authorized to transact the business 
of fire insurance only that it possesses net cash assets of 
not less than seventy-five thousand dollars, with also in- 
vested assets of not less than one hundred and fifty thou- 
sand dollars, with additional contingent assets of not less 
than one hundred and fifty thousand dollars ; or that it 
possesses net cash assets equal to its total liability, with 
also invested assets of not less than one hundred thousand 
dollars and with additional contingent assets of not less 



Acts, 1909. — Chap. 416. 381 

than one hundred thousand dollars, and that such capital 
or net assets are well invested and immediately available 
for the payment of losses in this commonwealth ; and that 
it insures on any single hazard an amount no larger than 
one tenth of its net assets. 

Section 2. This act shall take effect upon its passage. 
Approved May 19, 1909. 



ChapA16 



Ax Act to establish a board of commissioners foe 

THE promotion OF UNIFORMITY OF LEGISLATION IN THE 
UNITED STATES. 

Be it enacted, etc., as follows: 

Section 1. The governor, with the advice and consent Commission- 
of the council, shall within thirty days after the passage Promotion of 
of this act appoint three suitable persons, who are hereby LegisiaTion in 
constituted a board of commissioners by the name of Com- stltYs^ap*^ 
missioners for the Promotion of Uniformity of Legislation etT*™^"^*' 
in the United States. The commissioners shall meet and 
organize within thirty days after their appointment, and 
shall hold office for a term not exceeding five years from 
the date of their organization. Any vacancy in the com- vacancy, 
mission arising by resignation or otherwise shall be filled 
for the unexpired term by appointment by the governor 
with the advice and consent of the council. The governor 
may remove for cause any or all of said commissioners. 

Section 2. It shall be the duty of said board to ex- Duties, 
amine the subjects of marriage and divorce, insolvency, 
the descent and distribution of property, the execution and 
l^robate of wills and other subjects upon which uniformity 
of legislation in the various states and territories of the 
union is desirable, but which are outside the jurisdiction 
of the congress of the United States ; to confer upon these 
matters with the commissioners appointed by other states 
and territories for the same purpose ; to consider and draft 
uniform laws to be submitted for approval and adoption 
by the several states ; and generally to devise and recom- 
mend such other or further course of action as may tend 
to accomplish the purposes of this act. 

Section 3. The said board of commissioners shall Reports, 
keep a record of all its doings, and shall on or before the 
thirty-first day of December in each year, and may at 
any other time report its doings and its recommendations 



382 



Acts, 1909. — Chap. 417. 



Expenses. 



Appropria- 
tion. 



to the governor and council, to be transmitted to the gen- 
eral court. 

Section 4. l^o member of said board shall receive any 
compensation for his services, but each member shall be re- 
paid from the state treasury the amount of his actual 
travelling and other necessary expenses incurred in the 
discharge of his official duty, after the account thereof 
has been audited by said board and by the state auditor. 
The said board shall keep a full account of its expendi- 
tures and shall report the same in each annual report. 

Section 5. To carry out the provisions of this act a 
sum not exceeding twenty-five hundred dollars may be 
expended. 

Section 6. This act shall take effect upon its passage. 

(The foregoing was laid before the Governor on the 
thirteenth day of May, 1909, and after five days it had 
" the force of a law " , as prescribed by the Constitution, 
as it ivas not returned by him with his objections thereto 
within that time.) 



1906. 463. § 7, 
Part IIL, 
amended. 



ChapAll An Act relative to locations of steeet railway 

companies. 

Be it enacted, etc., as follows: 

Section 1. Section seven of Part III of chapter four 
hundred and sixty-three of the acts of the year nineteen 
hundred and six is hereby amended by striking out the 
words " by the president or a majority of the directors ", 
in the second and third lines, and inserting in place 
thereof the words : — executed in accordance with the by- 
laws or a vote of the directors, — by striking out the word 
'' thirty ", in the forty-second line, and inserting in place 
thereof the word : — sixty, — by striking out the words 
" a majority of the directors ", in the forty-fourth line, 
and inserting in place thereof the word : — it, — and by 
inserting after the word " location ", in the forty-fifth 
line, the words : — executed in accordance with its by- 
laws or a vote of its directors, — so as to read as fol- 
lows : — Section 7. The board of aldermen of a city or 
the selectmen of a town, upon the petition executed in 
accordance with the by-laws or a vote of the directors of 
a street railway company organized or in process of or- 
ganization under the provisions of this act, or organized 



Locations of 

street 

railways. 



Acts, 1909. — Chap. 417. 383 

under a special act, for an original location of tracks in 
such city or town, shall give fourteen days' notice of the 
time and place for a hearing on such petition by publica- 
tion thereof in one or more newspapers, if any, published 
in said city or to\\Ti ; otherwise, in such newspaper or 
newspapers published in the county in which the city or 
town is situated as shall be designated by the board of 
aldermen or the selectmen of such city or town; and if, 
after a hearing, they are of opinion that public necessity 
and convenience so require, they may grant said location, 
or any portion thereof, and may prescribe how the tracks 
shall be laid, and the kind of rails, poles, wires and other 
appliances which shall be used, and, in addition to the 
general provisions of law governing such companies, and 
in respect of matters not treated of in such provisions, 
impose such other terms, conditions and obligations, in- 
cidental to and not inconsistent with the objects of a street 
railway company, as the public interests may in their judg- 
ment require ; but no such location shall be valid, until the 
board of railroad commissioners, after public notice and 
a hearing, shall certify that such location is consistent 
with the public interests. 

If the board of railroad commissioners requires an alter- Alteration of 
ation in such location before certifying that the same is ^°''^^'°'^- 
consistent with the public interests, said board shall notify 
the board of aldermen or selectmen granting such location 
of such alteration; and thereafter said board of aldermen 
or selectmen may amend such location in accordance with 
such alteration: provided, that, if such alteration involves Proviso, 
a change in the route of the railway, public notice and 
a hearing shall be given as hereinbefore provided in the 
case of an original application for a location ; and there- 
after the board of railroad commissioners may, as a part 
of the original proceedings before it, certify that such lo- 
cation so amended is consistent with the public interests. 
A location so certified to be consistent with the public 
interests, shall be the true location, if, within sixty days 
after the issue of notice of said certification to the com- 
pany, it shall file a written acceptance of such location, 
executed in accordance with its by-laws or a vote of its 
directors, with the board of aldermen or selectmen. A 
location granted by a board of aldermen or selectmen, but 
refused certification hereunder by the board of railroad 



384 



Acts, 1909. — Chap. 417. 



commissioners, or not accepted as hereinbefore provided, 
shall be void. Such location shall also be void, if the 
certificate of incorporation of the street railway company 
is not issued, and its organization is not completed, within 
eighteen months after said issue of said notice of said 
certification, or if application for said certification is not 
made to the board of railroad commissioners within thirty 
days after the grant of said location by the board of alder- 
men or selectmen. If in any city or town the original 
location of a street railway company expires, is revoked, 
or otherwise becomes void, the provisions of this section 
shall apj)ly to a new petition for an original location 
therein. All locations which were granted or in use before 
the first day of October in the year eighteen hundred and 
ninety-eight are ratified and confirmed as if they had been 
accepted under the provisions of this section, and shall 
continue in force, subject only to revocation as provided 
in section sixty-six, and to the general provisions of law 
governing such companies. 
Part'iS ^ ^^' Section 2. Section sixty-four of Part III of said chap- 
amended, ter four hundred and sixty-three is hereby amended by 
striking out the words '' the president or a majority of 
the directors ", in the third line, and inserting in place 
thereof the w^ords : — upon the petition executed in ac- 
cordance with the by-laws or a vote of the directors, — by 
striking out the word " thirty ", in the thirty-third line, 
and inserting in place thereof the word : — sixty, — by 
striking out the words " a majority of the directors ", in 
the thirty-fourth and thirty-fifth lines, and inserting in 
place thereof the word : — it, — and by inserting after 
the word " extension ", in the thirty-fifth and thirty-sixth 
lines, the words : — executed in accordance with its by- 
laws or a vote of its directors, — so as to read as follows : 
— Section GJ/.. The board of aldermen of a city or the 
selectmen of a town, upon the petition of fifty legal voters, 
or upon the petition executed in accordance with the by- 
laws or a vote of the directors of a street railway company 
whose tracks are located in said city or town, after public 
notice and a hearing as provided in section seven, may 
grant a location for the extension of the tracks of such 
company, and prescribe how said tracks shall be laid and 
the kind of rails, poles, wires and other appliances to be 
used ; but they shall impose no terms or conditions to such 



Extension of 
location. 



Acts, 1909. — Chap. 417. 385 

grant in addition to those imposed by general laws on 
street railway companies in force on the first day of Octo- 
ber in the year eighteen hundred and ninety-eight, or such 
as may have been imposed in the grant of original location 
to such company in such city or town subsequently to 
said date. Xo such extension of a location shall be valid, 
until the board of railroad commissioners, after public no- 
tice and a hearing, shall certify that such extension is con- 
sistent with the public interests. If said board requires 
an alteration in such extension before certifying that the 
same is consistent with the public interests, said board 
shall notify the board of aldermen or selectmen granting 
such extension of such alteration; and thereafter said 
board of aldermen or selectmen may amend such extension 
in accordance with such alteration : provided, that, if such Proviso, 
alteration involves a change in the route of the railway, 
])ublic notice and a hearing shall be given as hereinbefore 
provided in the case of the original application for an 
extension; and thereafter the board of railroad commis- 
sioners may, as a part of the original proceedings before 
it, certify that such extension so amended is consistent 
with the public interests. An extension, so certified to be 
consistent with the public interests, shall be a valid loca- 
tion, if, within sixty days after the issue of notice of said 
certification to the company, it shall file a written accept- 
ance of such extension, executed in accordance with its 
by-laws or a vote of its directors, with the board of alder- 
men or selectmen. An extension granted by a board of 
aldermen or selectmen, but refused certification hereunder 
by the board of railroad commissioners, or not accepted 
as hereinbefore provided, shall be void. 

Section 3. Section sixty-five of Part III of said chap- i906. 463, § 65, 
ter four hundred and sixty-three is hereby amended by rmended! 
striking out the words " of the president or a majority of 
the directors ", in the second and third lines, and inserting 
in place thereof the words : — executed in accordance with 
the by-laws or a vote of the directors, — by striking out 
the word " thirty ", in the thirtieth line, and inserting in 
l)lace thereof the word : — sixty, — by striking out the 
words " a majority of the directors ", in the thirty-first 
and thirty-second lines, and inserting in place thereof the 
word : — it, — and by inserting after the word " altera- 
tion ", in the thirty-second and thirty-third lines, the 



386 Acts, 1909. — Ciiap. 417. 



words : — executed in accordance with its by-laws or a 
Alteration of Yotc of its dircctors, — SO as to read as follows : — Section 
65. The board of aldermen of a city or the selectmen of 
a town, upon the petition executed in accordance with the 
by-laws or a vote of the directors of a street railway com- 
pany whose tracks are located in said city or town, or 
upon the petition of any interested party, after public 
notice and a hearing as provided in section seven, may 
alter the location of the tracks in the manner prescribed 
in, and subject to the provisions of, the preceding section. 
Such alteration shall be made by such company within 
such time, and the expense thereof shall be borne by such 
party or parties and in such proportions, as the board of 
aldermen or selectmen may determine. Xo such alteration 
of a location shall be valid, until the board of railroad 
commissioners, after public notice and a hearing, shall 
certify that such alteration is consistent with the public 
interests. If said board requires an amendment to such 
alteration before certifying that the same is consistent 
with the public interests, said board shall notify the board 
of aldermen or selectmen of such amendment ; and there- 
after said board of aldermen or selectmen may amend such 
alteration in accordance with the said amendment: pro- 
vided, that, if such amendment involves a change in the 
route of the railway, public notice and a hearing shall be 
given as hereinbefore provided in the case of the original 
application for an alteration; and thereafter the board of 
railroad commissioners may, as a part of the original 
proceedings before it, certify that such al