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

ri% 



Library 

School of 

Law 



Received 



ACTS 



RESOLVES 



PASSED BY THE 



dl^neral (^mvi of jUassarhusetts, 



IN THE YEAR 



1910, 



TOGETHER WITH 

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR, 

LIST OF THE CIVIL GOVERNMENT, TABLES SHOWING 

CHANGES IN THE STATUTES, CHANGES OF 

NAMES OF PERSONS, ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1910. 



A CONSTITIJTION 



FORM OF GOYERNMElvrT 



®l|? (Eflmmnnmfallli nf ilasaarlptfifttfl 



PEEAMBLE. 

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

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

We, therefore, the people of Massachusetts, acivnowi- 
edging, Avith 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 ()ri<j;'iiial, explicit, and solemn compact with cacli other; 
and of forming a new constitution of civil government, 
for ourselves and posterity ; and devoutly imploring His 
direction in so interesting a design, do agree upon, ordain, 
and establisli, the; following iJedarallon of ItigJds^ and 
Frame of Government, as the Constitution of the Com- 
monwealth or Massachusetts. 



Equality and 
natural ri(;)itH 
of all men. 



Ilifi^ht and duty 
of public r(di({- 
louM worHliip. 
Protection 
therein. 
2 Cusb. 104. 
12 Allen, 129. 



Amendments, 
Art. XI BubBtl 
tuted for thiH. 



Lci^lHlature 
empowered to 
compel provi- 
sion for public 
■worship; 



PART THE FIRST. 

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

Article I. All men are l)orn free and equal, and have 
ccrUiin natural, essential, and unalienable rights ; among 
whi(;h may be reckoned the right of enjoying and defend- 
ing their lives and lilx^rties ; that of acquiring, possess- 
ing, and protecting property ; in fine, that of seeking and 
obtaining their safety and happiness. 

H. It is the right as well as the duty of all men in 
society, publicly, and at stat<!d seasons, to worship the 
Sui'REME Being, the grc^at Creator and PreserviT of the 
universe. And no subject shall b(; 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 oAvn conscience ; or for his religious pro- 
fession of sentiiTKnits ; ])rovided he doth not disturb the 
public peace, or obstruct others in their religious worship. 

HI. [As the happiness of a people, and the good order 
and j)reservation of civil gov(!rnment, essentially depend 
upon piety, religion, and morality; and as these cannot 
be generally diirus(!d through a community but by the 
institution of the public worship of (jOD, and of public 
instructions in piety, religion, and morality : Therefore, 
to promote tlK^ir happiness, and to secure the good order 
and preservation of their government, the people of this 
commonw(^alth have a right to invest their legislature with 
pow(;r to authorize and r(!fjuire, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to mak(! suitable ])rovision, at their own expense, 
for the institution of the public worshij) of God, and for 



COMMONAVEALTII OF MASSACHUSETTS. 5 

the support and maintenance of piil)li<^ Protestant teachers 
of piety, religion, and morality, in all cases where such 
provision shall not be made voluntarily. 

And the i)eoi)le of this common \v<'al(h have also a right att°n*dMce^°^ 
to, and do, invest tluur legislature with authority to enjoin thereon. 
upon all the subjects an attendanc(i ujxni 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 tlu; s(!veral towns, par- excIubIvo riKht 
ishes, precincts, and other bodies politic, or religious socie- roulteacheTH'^' 
ties, shall, at all times, have the exclusive right of electing secured, 
their public teachers, and of contracting with them for 
their su})})ort and maint(uiance. 

And all moneys ])aid by the subject to the sup[)ort of ^,i5o,""p*n*chiai 
public worship, and of the ])ubli<! teachers aforesaid, shall, ^^^''^j" unJ^Jj*'' 
if he require it, be miifornily a])})lied to the su})port of the etc. ' 
public t(5acher or teachers of his own religious sect or de- 
nomination, provided th(;re 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 wliich 
the said moneys are raised. 

And every denomination of (lu'istians, demeaning them- ah denomina- 
selves peacetibl}^ and as good subjects of the commonwealth, p'rotectod! ^ 
shall be equally imder the protection of the law : and no H,Jbo*rcnnation 
subordination of any one sect or denomination to another anotht-rprV" 
shall ever ho established l)y law.] hibited. 

IV. The people of this connnon 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 expressly d(d(;gated to the United States of America, 
in Congress assembled. 

V. All power residing originally in the people, and ^/aiToiifc^Jrl*^ 
being derived from them, the several magistrates and etc 
officers of goverrnnent, V(;sted with authority, whether 
legislative, executive, or judicial, are their substitutes 

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

VI. No man, nor corporation, or association of men, services ren. 
have any other title to obtain advantagcjs, or particular pubHc'bclnt' 
and exclusive privileges, distinct from those of the com- JJ^ecuiiir pJlvi*" 
munity, than what arises from the consideration of ser- l''sc«'^',''l*'l'- 

1 , . ti^'y ofliceB are 

Vices rendered to the public; and this title being m absurd and 
nature neither hereditary, nor transmissible to children, 



CONSTITUTION OF THE 



Objects of gov- 
erument; right 
of people to 
iDBtitnte and 
change it. 



Right of people 
to secure rota- 
tion in office. 



All, having the 
qualifications 
prescribed, 
equally eligible 
to office. For 
the definition of 
" inhabitant," 
see Oh. 1, Sect. 
2, Art. II. 
Right of protec- 
tion and duty of 
contribution 
correlative. 
Taxation 
founded on 
consent. 
16 Mass. 326. 
1 Pick. 418. 
7 Pick. 344. 
12 Pick. 184, 467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, 154. 
1 Allen, l-.O. 
4 Allen, 474. 

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

6 Gush. 327. 
14 Gray, 15.5. 
16 Gray, 417, 
431, 



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

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

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

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

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



1 Allen, 150. 103 Mass. 120, 624. 

11 Allen, 530. 106 Maes. 356, 362. 

12 Allen, 223, 230. 108 Mass. 202, 213. 
100 Mass. 544, 660. Ill Mass. 130. 



113 Mass. 45. 127 Mass. 50, 52, 

116 Mass. 463. 358, 363, 410, 413. 

126 Mass. 428, 441. 129 Mass. 559. 



Remedies, by 
recourse to the 



XI. Every subject of the commonwealth ought to find 
law, to be free, ^ certain reiuedv, bv having^ recourse to the laws, for all 

complete and ... i • i i • • i • 

prompt. injuries or "WTongs which he may receive m 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 ; conformabl}^ to the laws. 

XH. No subject shall be held to answer for any crimes Prosecutiona 
or offence, until the same is fully and plainly, substantially spick. 2ii. 
and formally, described to him ; or be compelled to accuse, is pick. 4k. 
or furnish evidence against himself. And every subject l\flthi^^' 
shall have a right to produce all proofs that may be favor- i^(fj.r^i^^^" 
able to him ; to meet the witnesses against him face to face, & gray', leo. 
and to be fully heard in his defence by himself, or his lOGray, ii! 
counsel, at his election. And no subject shall be arrested, 2 Aiie^/sei.' 
imprisoned, despoiled, or deprived of his property, immu- 240^2^° 439'^' 
nities, or privileges, put out of the protection of the law, la^j^ug^ ^-o 
exiled, or deprived of his life, liberty, or estate, but by the 97 Mass.'sTo, 
judgment of his peers, or the law of the land. looMass. 287, 

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

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

And the legislature shall not make any law that shall Right to tnai 

o . . "^ . by jury lu 

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

, , • except etc, 

exceptino; for the (government of the army and navy, with- 8'Grav',329,373. 

, 5- 1U • 103Mk88.418. 

cut trial by jury. 

XIII. In criminal prosecutions, the verification of facts, crimes to be 
in the vicinity where they happen, is one of the great- ?idlity!° *'^'^ 
est securities of the life, liberty, and property of the 121 M'^assfei 02. 
citizen. 

XrV. Every subject has a rio-ht to be secure from all Rig^t of search 

,, T.~ ^1" • ^ seizure 

unreasonable searches, and seizures, of his person, his regulated. 
houses, his papers, and all his possessions. All warrants, Ameud'tiv. "' 
therefore, are contrary to this right, if the cause or founda- scush. seb. 
tion of them be not previously supported by oath or affir- l3^Gray,^454. 
mation, and if the order in the warrant to a civil officer, to Joo'Mas^'^se 
make search in suspected places, or to arrest one or more 139. 
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 exceptfete!*^^^' 
which it has heretofore been otherways used and practised, Amend°t vil'* 
the parties have a right to a trial by jury ; and this method 2 Pjck. 382. 
of procedure shall be held sacred, unless, in causes arisino- 5 Gray, 144. 

xi 1 • 1 1 1 1 . J • , '^ 8 Gray, 373. 

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

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



CONSTITUTION OF THE 



Liberty of the 
press. 



Right to Isecp 
ami bear anui-. 
Standing armies 
dangerous. 
Military power 
subordinate to 
civil. 
a Gray, 1-1. 



Moral qualifica- 
tions for oflice. 



Moral obliga- 
tions of law- 
givers and 
magistrates. 



Right of people 
to instruct rep- 
resentativei- 
and i>otition 
legislature. 



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



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



Frequent ses. 
sions, and ob- 
jects thereof. 



Taxation 
founded on 
consent. 
8 Allen, '247, 



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

XVIII. A frequent recurrence to the fundamental 
principles of the constitution, and a constant adherence 
to those of piety, justice, moderation, temperance, indus- 
try, and frugality, are absolutely necessary to preserve the 
advantages of 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 bo 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 legislature, is so essential to the 
rights of the people, that it cannot be the foundation of 
any accusation or prosecution, action or complaint, in any 
other court or place whatsoever. 

XXII. The 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 good may require. 

XXIII. No subsidy, charge, tax, impost, or duties 
ought to be established, fixed, laid, or levied, under any 
pretext whatsoever, without the consent of the people or 
their representatives in the legislature. 



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before e.!-. poxt facto 
the existence of such laws, and which have not been de- 12'AiVen, 4:iif " 
clared crimes by preceding laws, are unjust, oppressive, ^-''' ^-**' *^'*- 
and inconsistent with the fundamental principles of a free 
government. 

XXV. No subject ought, in an}^ case, or in any time, Legislature not 
to be declared guilt}'" of treason or felon}^ by the legis- t?eason'°etc. 
lature . 

XXVI. No magistrate or com-t of law shall demand !;^^?,'!f'^'' ^f^ 

^ ^ o ^ or nnes, aiici 

excessive bail or sureties, impose excessive fines, or inflict '=™ei puuiKh. 

- 1-1 ments, pro- 

cruel or unusual punishments. 5Graj-,482. hibued. 

XXVII. In time of peace, no soldier ought to be quar- No eoidiertobe 
tered in any house without the consent of the owner ; and housl7uniTs"°^ 
in time of war, such quarters ought not to be made but ^**'' 

by the civil magistrate, in a manner ordained hy the legis- 
lature. 

XXVIII. No person can in any case be subject to law- Citizens exempt 
martial, or to any penalties or pains, by virtue of that law, via^uuie^^exa. 
except those employed in the army or navy, and except 

the militia in actual service, but by authority of the legis- 
lature. 

XXIX. It is essential to the preservation of the rights judges of su. 
of every individual, his life, liberty, property, and charac- court! ^"'^''''*' 
ter, that there be an impartial interpretation of the laws, 10^7,^472. 
and administration of iustice. It is the rio-ht of every ^4JH'^^^ 

, , , . 1 , . T ^ . .'^ -^ 7 Allen, 38o. 

citizen to be tried by judges as free, impartial, and inde- 105 Mass. 219, 
pendent as the lot of humanity will admit. It is, therefore, feuure'of their 
not only the best policy, but for the security of the rights ^'^'^^' 
of the people, and of every citizen, that the judges of the 
supreme judicial com-t should hold their offices as long as 
they behave themselves well ; and that they should have 
honorable salaries ascertained and established by standing Salaries. 
laws . 

XXX. In the government of this commonwealth, the separation of 
legislative department shall never exercise the executive dairanTiei^s.' 
and judicial powers, or either of them : the executive shall menfgf^'''"^*' 
never exercise the legislative and judicial powers, or either l^l^^^ "cV 
of them: the iudicial shall never exercise the les-islative s AUen',247'253. 

1 V- •,! ,.1 ,*■,. 100 Mass, 282, 

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

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

116 Mass. 317. 129 Maes. 559. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PART THE SECOND. 

The Frame of Government. 

The people, inhabiting the territory formerly called the 
Province of Massachusetts Bay, 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 Co]MiMO]>^vEALTH of Massachusetts. 



CHAPTEE I 



Legislative 
department. 



For change of 
time, etc., Bee 
amendmeutH, 
Art. X. 



Governor's 

veto. 

99 Maea. 636. 



Bill may be 
passed by two- 
thirds 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 year [on the 
last Wednesday in May, and at such other times as they 
shall judge necessary ; and shall dissolve and be dissolved 
on the day next preceding the said last Wednesday in 
May ;] and shall be styled. The General Court of 
Massachusetts. 

II. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, until 
it shall have been laid before the 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 writing, to the senate or house of representatives, in 
whichsocA^er the same shall have originated ; who shall 
enter the objections sent down by the governor, at large, 
on their records, and proceed to reconsider the said bill or 
resolve. But if after such reconsideration, two-thirds of 
the said senate or house of representatives, shall, notwith- 
standing the said objections, agree to pass the same, it 
shall, together with the objections, be sent to the other 
branch of the legislature, where it shall also be reconsid- 
ered, and if approved by 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 case of ad- 
or resolve shall not be returned by the governor within the'^e'll^erai*' 
five days after it shall have been presented, the same shall thefiveda>°, 
have the force of a law. 3 Mass. 567. SrArt.i. 

III. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and jTidLatoAe's" ^ 
com-ts of record, or other courts, to be held in the name ord'et °* '^^''' 
of the connnonwealth, for the hearing, trjdng, and deter- ja^^iy^ii- 
mining of all manner of crimes, offences, pleas, processes, i54. 
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 comets and iudicatories are hereby eiven and courts, etc. 

>> , . "^ ® . may administer 

granted full poAver and authority, from time to time, to oaths. 
administer oaths or aiBrmations, for the better discover}'" 
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 ^c?^^°^ 
time to make, ordain, and establish, all manner of whole- 4aiim',473'- 
some and reasonable orders, laws, sta,tutes, and ordinances, 237^"^°' ^^^' 
directions and instructions, either with penalties or with- 100 Mass. 544, 
out; so as the same be not repugnant or.contrary to this ne Mass. 46-, 
constitution, as they shall judge to be for the good and may enact 
welfare of this conmion wealth, and for the government repugnant to* 
and ordering thereof, and of the subjects of the same, and g^'lifen^^gg"""' 
for the 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 o°*appointme°nt 
within the said commonwealth, the election and consti- n5°Mas8^602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several th™r dStfe?."''^ 
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 contrar}^ to 



12 



CONSTITUTION OF THE 



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

5 AUen, 428. 

6 Allen, 558. 

8 Allen, 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'Mase. 267. 
114 Mass. 388, 
391 

lieWass. 461. 
118 Mass. 386, 
389. 

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 Maes. 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 produce, 
goods, wares, merchandise, and commodities, whatsoever, 
brought into, produced, manufactured, or being within 
the same ; to be issued and disposed of by warrant, under 
the hand of the governor of this commonwealth for the 
time being, with the advice and consent of the council, 
for the public service, in the necessary defence and sup- 
})ort 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 
})art thereof, shall be assessed on polls and estates, in the 
manner that has hitherto been practised, in order that 
such assessments may be made with equality, there shall 
be a valuation of estates within the commonwealth, taken 
anew once in every ten years at least, and as much oftener 
as the general court shall order. 

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



CHAPTEE I. 



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



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



Section II. 

Senate. 

Article I. [There shall be annually elected, by the 
freeholders and other inhabitants of this commonwealth, 
(qualified as in this constitution is provided, forty persons 
to be councillors and senators for the year ensuing their 
election ; to be chosen by the inhabitants of the districts 
into which the 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 hy the said districts ; and 
timely make known to the inhabitants of the common- 
wealth the limits of each district, and the number of coun- 
cillors and senators to be chosen therein ; provided, that 
the number of such districts shall never be less than thir- 



COMMONWEALTH OF MASSACHUSETTS. 13 

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

And the several counties in this commonwealth shall, ^u trictt* u°ntii 
until the general court shall determine it necessary to etc 
alter the said districts, be districts for the choice of coun- 
cillors and senators, (except that the counties of Dukes 
County and Nantucket shall form one district for that pur- 
pose) and shall elect the following number for councillors 
and senators, viz. : — Suftblk, six ; Essex, six ; Middlesex, 
five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; Worcester, five : Cumberland, one ; Lincoln, one ; 
Berkshu'c, two.] 

11. The senate shall be the first branch of the legislat- Jf^eofchooBing 
ure ; and the senators shall be chosen in the following man- senators and 
ner, viz, : there shall be a meeting on the [first Monday in amendments, 
April,] annually, forever, of the inhabitants of each town xv!' a's*^ 
in the several counties of this commonwealth ; to be called amendmeX, 
by the selectmen, and warned in due course of law, at ^^"^^j^j'^jng as to 
least seven days before the [first Monday in April,] for qualifications of 

^i . L ^ 1 voters, super- 

the purpose ot electing persons to be senators and coun- seded by amend- 
cillors ; [and at such meetino-s every male inhabitant of iii., xx., 

'V"WTTT 

twenty-one years of age and upwards, having a freehold xxx.,x'xxi. 
estate within the commonwealth, of the annual income of word'"k?habi- 
three pounds, or any estate of the value of sixty pounds, g^J^e^I'islffmend 
shall have a rig-ht to i^ive in his vote for the senators for ments. Art. 

o _ o _ _ _ XXIU. which 

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^^88.090, 
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 

1 . . • 11 Tin "1 /• preside at town 

such meetings impartially ; and shall receive the votes or 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 copy of this record shall be attested by as to cities, see 
the selectmen and the town clerk, and shall be sealed up. Art. n. 
directed to the secretary of the commonwealth for the 
time being, with a superscription, expressing the purport 



14 



CONSTITUTION OF THE 



Time cliiuiged 
to first Wednes- 
day of Jiuuiary. 
s<ee amend- 
ments, Art. X. 



Inhabitants of 
unincorporated 
plantationB, 
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 clianged 
to first Wednes- 
day in January 
by amendments, 
Art. X. 
Majority 
changed to 
plurality by 
amendments, 
Art. XIV. 



Senate to be 
final judge of 
elections, etc.. 



of the contents thereof, and delivered by the town clerk 
of .such towns, to the sherift' of the county in which such 
town lies, thirt}^ days at least before [the last Wednes- 
day in May] annually ; or it shall be delivered into the 
secretary'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, Avho arc or shall 
be empowered and required to assess taxes upon them- 
selves toward the support of government, shall have 
the same privilege of voting for councillors and senators 
in the plantations where they reside, as town inhabitants 
have in their respective towns ; and the plantation meet- 
ings for that purpose shall be held annually [on the same 
fir.st Monday in April] , at such place in the plantations, 
respectively, as the assessors thereof shall direct ; which 
assessors shall have like authority for notifying the elec- 
tors, collecting and returning the votes, as the selectmen 
and town clerks have in their several towns, by this con- 
stitution. And all other persons living in places unincor- 
porated (qualified as aforesaid) who shall be as.sessed to 
the support of government by the assessors of an adjacent 
town, shall have the privilege of giving in their votes for 
councillors and senators in the town where the}^ shall be 
assessed, and be notified of the place of meeting by the 
selectmen of the to^vn 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] annuall3% the gov- 
ernor Avith 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 tak(i their seats as aforesaid. 

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



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution; and shall, [on the said ^^^'*'' °'"'" ™'^'"- 
last Wednesday in May] annually, determine and declare j"^"*^® '^'J""^®'^ 
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/ent^,^Art. x. 
be the full number of senators returned elected b}" a ^i^nged to 
majority of votes for any district, the deficiency shall be Amendments 
supplied in the following manner, viz. : The members of Art.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 Jj^^^""**^' ^°'^ 
senators suiEcient to fill up the vacancies in such district; changed to 
and in this manner all such vacancies shall be filled up in pe^opie^ ^ 
every district of the commonwealth ; and in like manner mTnts?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 Propmy quaii- 
in his own right of a freehold, within this commonwealth, {ih*ed°" ''''°^' 
of the value of three hundred pounds at least, or possessed ^MtrArt 
of personal estate to the value of six hundred pounds at p^^L 
least, or of both to the amount of the same sum, and] who vision as to 
has not been an inhabitant of this commonwealth for the also amend*-^^ 
space of five years immediately preceding his election, and, ^"n.' '^''*" 
at the time of his election, he shall be an inhabitant in the 

district for which 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'dayl 
time. 

VII. The senate shall choose its own president, ap- . shaii choose 
point its own officers, and determine its own rules of establish its 
proceedings. ™^^* 

VIII. The senate shall be a court with full authority . sbaiitryaii 
to' hear and determine all impeachments made by the ^"p*^**^ ™®° ^' 
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 respectivel}^ 

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 bold or enjoy any place 



16 



CONSTITUTIOX OF THE 



Qwonim. & 
amendments, 
Arts. XXII. 
and XXXIII. 



ee 



of honor, trust, or profit, under this commonwealth ; but 
the part}^ so convicted sliall be, nevertheless, liable to 
indictment, ti'ial, judgment, and punishment, according to 
the laws of the land. 

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



Representation 
of the people. 



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



Proviso as to 
towns having 
less than l')0 
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. 



CHAPTER I. 

Section IH. 

House of Representatives. 

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

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

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 17 

least next precedino- his election, shall have been an inhab- NewproviBion 

., , ,. ^ ■, 1 V . , . , . • \ A. ^ V ^^^° residence. 

itant or, and have been seised in his own right or a tree- see amend- 
hold of the value of one hundred pounds within the town xxT'^"^*' 
he shall be chosen to represent, or any ratable estate to rtcatiol^,*faTJi-'' 
the value of two hundred i^ounds : and he shall cease to ished by amend- 

• T 1 1 • • 1 tnents, Art. 

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

IV. [Every male person, being twenty-one years of Qualifications 
age, and resident in anv particular town in this common- These pro- 

^,^ ,' ,^ f" i T i • visions super- 

wealth lor the space ot one year next preceding, having a sededby 
freehold estate within the said town of the annual income A^fs^m'^^xx., 
of tlu'ee pounds, or any estate of the value of sixty pounds, i^x!^xxxi 
shall have a riHit to vote in the choice of a representative ^^ xxxii. 

p . - '■ See also amend- 

or representatives lor the said town.] mente.Art. 

V. [The members of the house of representatives shall was annulled by 
be chosen annually in the month of May, ten days at least ^e*,.^g"g^a' 
before the last Wednesday of that month.] uvee.when 

•^ -^ chosen. 

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

Art. XV. 

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

f. ^ • 11 in- 1 ^^''^ impeach. 

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

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

•^ , ~ nate all money 

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

VIII. The house of representatives shall have power Not to adjourn 
to adjoiuMi themselves ; provided such adjournment shall ™a°yB®.*^*'^*'^° 
not exceed two days at a time. 

IX. [Not less than sixty members of the house of Quoram. See 

*- . 1 11 . /• 1 • • amendments, 

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

^ -, MO XXXIII. 

ness.J 

X. The house of representatives shall be the judge of To judge of 
the returns, elections, and qualifications of its own mem- itsown'mem- 
bers, as pointed out in the constitution ; shall choose their its officers and^ 
own speaker ; appoint their own officers, and settle the rulesl'eu;.^** 
rules and orders of proceeding in their own house. They May punish 
shall have authority to punish by imprisonment every offencll''."' 
person, not a member, who shall be guilty of disrespect !•* ^^ay. 2-'6. 
to the house, by any disorderly or contemptuous behavior 

in its presence; or who, in the town where the general 
court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of any of its members, 
for any thing said or done in the house ; or who shall 
assault any of them therefor ; or who shall assault, or 
arrest, any witness, or other person, ordered to attend the 



18 



CONSTITUTION OF THE 



Privileges of 
memberB. 



Senate. 
Governor and 
coiuicil may 
punish. 

General limita- 
tion. 
U Gray, 226. 



Trial may be by 
committee, or 
otherwiBe. 



house, in his way in going or returning ; or who shall 
rescue an}^ 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, retui'ning 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 oflences, be for a term exceeding thirty days. 

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



CHAPTER II 



Governor. 



HiB title. 

To be chosen 
annually. 
Qualitications. 
See amend- 
meutB, Arts. 
VII. and 
XXXIV. 



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. 



EXECUTIVE POWER. 

Section I. 

Governoi'. 

Article I. There shall be a supreme executive mag- 
istrate, who shall be styled — The Governor of the 
Coi^iMONA\^AL,TH OF 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 years next preceding ; [and unless he 
shall at the same time be seised, in his own right, of a 
freehold, within the commonwealth, of the value of one 
thousand pounds ;] [and unless he shall declare himself to 
be of the Christian religion.] 

III. Those persons who sliall 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 town 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 iiuinbcr of votes 
for each person against his name ; and shall make a fair 
record of the same in the town books, and a public deck- As to cuies, see 
ration thereof in the said meeting; and shall, in the pres- Art. ii. 
ence of the inhabitants, seal up copies of the said list, 
attested by him and the selectmen, and transmit the same 
to the sherifl' of the county, thirty days at least before the 
[last Wednesday in JNIay] ; and the sherifl" shall transmit J^'^^^l^yedfes. 
the same to the secretary's office, seventeen days at least day of January 
before the said [last Wednesday in May] ; or the select- mente, Art. x. 
men may cause retiu-ns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said day ; and the secretary shall 
lay the same before the senate and the house of repre- 
sentatives on the [last AVednesday in May] , to be by them changed to 
examined ; and in case of an election by a [majority] of all ameudmeuts, 
the votes returned, the choice shall be by them declared ^"-^i^- 
and published ; but if no person shall have a [majority] of ■wh^i'^no person 
votes, the house of representatives shall, by ballot, elect ^^' '^ p^"'"''^"^- 
two out of four persons who had the highest number of 
votes, if so many shall have been voted for ; but, if other- 
wise, out of the number voted for ; and make return to 
the senate of the two persons so elected ; on which the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor. 

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

1 • 1 • • 11 1 n J. ii j-l ernor, and of 

tmie, at his discretion, to assemble and call together tlie 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, agreeably to the constitution and the laws 
of the land, 

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

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



20 



CONSTITUTION OF THE 



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

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



Governor to be 
commander-in- 
chief. 



Limitation. 



happening, wherebj^ danger may arise 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 ^^dthin the state. 

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

YI. In cases of disagreement between the two houses, 
with regard to the necessit}^ expediency, or tune 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. 

Vn. The governor of this commonwealth, for the time 
being, shall be the commander-in-chief of the army and 
nav3% and of all the military forces of the state, by sea 
and land ; and shall have full power, by himself, 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, 
expel, and pui'sue, by force of amis, as well by sea as by 
land, within or without the limits of this commonwealth, 
and also to kill, slay, and destroy, if necessary, and con- 
quer, by all fitting ways, enterprises, and means whatso- 
ever, all and every such person and persons as shall, at 
any time hereafter, in a hostile manner, attempt or enter- 
prise the destruction, invasion, detriment, or annoyance 
of this commonAvealth ; and to use and exercise, over the 
army and navy, and over the militia in actual service, the 
law-martial, in time of war or invasion, and also in time 
of rebellion, declared by the legislatiu-e to exist, as occa- 
sion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such 
person or persons, with their ships, arms, ammunition, 
and other goods, as shall, in a hostile manner, invade, or 
attempt the invading, conquering, or 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 hereai'ter to be granted to Iiiiu b}' 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 offences, except such Governor and 
as persons may be convicted of before the senate by an pardon offences, 
impeachment of the house, shall be in the governor, by ®^*'^p*'^"'' 
and with the advice of council ; but no charter of par- 
don, granted by the governor, Avitli advice of the council 

before conviction, shall avail the i^artv pleading the same. But not before 

" conviction 

notwithstanding any general or particular expressions 109 Mass. 323. 
contained therein, descriptive of the offence or offences 
intended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the judicial om- 
solicitor-general, [all sheriffs,] coroners, [and registers of nominated and 
probate,] shall be nominated and appointed by the gov- Fo?°p?ovi8ion6 
ernor, by and with the advice and consent of the council ; of auorM°° 
and every such nomination shall be made by the governor, general, see 
and made at least seven da3^s 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 Mintia officers, 
elected by the written votes of the train-band and alarm Limitation of 
list of their respective companies, [of twenty-one years byVmemf- *^"* 
of age and upwards ;] the field officers of regiments shall ^ents. 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- 
missioned by the governor, who shall determine their rank. ^*°°^ ' 

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

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

JO _ il_ J ^ how appomted 

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

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

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



22 



CONSTITUTION OF THE 



Officers duly 
commissioned, 
how removed. 
Superseded bj' 
amendments, 
Art. IV. 



Adjutants, etc., 
how appointed. 



Army officers, 
how appointed. 



Organization of 
militia. 



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



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



tions, after being dnly notified, according to the laws for 
the time beino;, then the o-overnor, witli advice of council, 
shall ap})oint suitable persons to fill such offices. 

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

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

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

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

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

XII. All public boards, the commissary-general, all 
sui)erintending officers of public magazines and stores, 
belonging to this commonwealth, and all commanding 
officers of forts and garrisons within the same, shall once 
in every thi*ee months, officially, 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 pul^lic property 
whatever under their care respectively ; distinguishing the 
(juantit}^ number, (juality and kind of each, as particu- 
larly as may be ; together ^yith the condition of such forts 
and garrisons ; and the said commanding officer shall 



COMMONWEALTH OF MASSACHUSETTS. 23 

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

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

XIII. As the public good requires that the governor salary of 
should not be under the undue influence of any of the go^®'''^"'- 
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 salary, of a fixed and permanent value, amply suffi- 
cient for those purposes, and established b}^ 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- Saianes of jus- 
lished by law for the justices of the supreme judicial court. juX^ia/court™^ 

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



CHAPTER II. 

Section II. 

Lieutenant-Governor. 

Article I. There shall be annually elected a lieu- Lieutenant- 
tenant-governor of the commonwealth of Massachusetts, Mtre^^d'^^uaTi- 
whose title shall be — His Honor; and who shall be fmendment^sr 
qualified, in point of [religion,] [property,] and residence ^^""^'"^ 
in the commonwealth, in the same manner with the gov- 
ernor ; and the day and manner of his election, and the 
qualifications of the electors, shall be the same as are re- 
quired in the election of a governor. The return of the 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/urluty p^o- 
be found to have a maiority of all the votes returned, the videdforby 

"^ '^ ' amendments, 

vacancy shall be filled by the senate and house of repre- Art.xrv. 



/ 



24 



CONSTITUTION OF THE 



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



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



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

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

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



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



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

Superseded by 
amendments. 
Art. XVI. 



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



CHAPTER II. 
Section HI. 

Council, and the Manner of settling Election)^ by the Legis- 
lature. 

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

*— ' ^ councillors* 

commonwealth, shall haA^c 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- council to exer- 
ant-governor shall be vacant, b}^ reason of death, absence, o/governorhf 
or otherwise, then the council, or the major part of them, '''^^^'^^^• 
shall, during such vacancy, have full power and authority 

to do, and execute, all and every such acts, matters, and 
thing's, as the governor or the lieutenant-governor might 
or could, b}^ virtue of this constitution, do or execute, if 
they, or either of them, were personall}^ present. 

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

from day to dav until the same shall be completed. And order thereof. 

i/^i". Ill • 1 •• Superseded by 

the order of elections shall be as follows : the vacancies m amendments, 
the senate, if an}^, shall first be filled up ; the governor xxv. 
and lieutenant-governor shall then be elected, provided 
there should be no choice of them by the people ; and 
afterwards the two houses shall proceed to the election of 
the council.] 



CHAPTER II. 

Section IV. 

Secretary, Treasurer, Coinmissary, etc. 

Article I. [The secretary, treasurer and receiver- secretary, etc., 
general, and the commissary-general, notaries public, and] howch™eT 
naval officers, shall be chosen annually, by joint ballot of toeiSifo" ** 
the senators and representatives in one room. And, that uter^'and re-^^^' 
the citizens of this commonwealth may be assured, from ceivergenerai, 

. •^. ' and auditor and 

time to time, that the moneys remaining m the public attorney-gen- 
treasury, upon the settlement and lii^uidation of the pub- ments, Art. 



26 



CONSTITUTION OF THE 



Treasurer in- 
eligible for _ 
more than five 
successive 
years. 



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



lie accounts, arc their property, no man shall be eligible 
as treasurer and receiver-general more than five years 
successively. 

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

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



CHAPTER III 



Tenure of all 
commissioned 
oflicers 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 Cush. 581. 



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



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



JUDICIARY rOWER. 

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

II. Each branch of the legislature, as well as the gov- 
ernor and council, shall have authority to require the opin- 
ions of the justices of the sujn'cme 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 place of any justice of the peace who 
shall fail of discharging the important duties of his office 
with ability or fidelity, all commissions of justices of the 
[)eace shall expire and become void, in the term of seven 
years from their respective dates ; and, upon the expira- 
tion of an}^ conmiission, the same may, if necessary, be 
renewed, or another person appointed, as shall most con- 
duce to the well-being of the common W(;alth. 

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 ])laces ; until which 
a])pointments, the said courts shall be holden at the times 
and places A\hich the respective judges shall direct. 



COMMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, and alimony, and ^^rc^crand 
all appeals from the judo-es of probate, shall be heard and ^{"J^"^;^ 
determined by the c'overnor and council, until the lei>;is- visions made 
lature shall, by law, make other provision. 165 Mass. 327. 

•^ ^ 116 Mass. 317. 



CHAPTEE IV. 

DELEGATES TO CONGRESS. 

FThe deleo-ates of this commonwealth to the coneress of Delegates: 

L ~ ^ ^ o congress . 

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. The}'" 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, ^°"®^®- 
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 
(j[ualified 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 Clu'istian religion, and the great 
benefit of this and the other United States of America, 
— it is declared, that the President and Felloavs of powers, privi. 
Harvard College, in their corporate capacity, and Ihl^prlsident 
their successors in that capacity, theu' officers and ser- confl^rmed.'' 
vants, shall have, hold, use, exercise, and enjoy, all the 
l)owers, authorities, rights, liberties, privileges, immuni- 
ties, and franchises, Avhich they now have, or are entitled 



28 



CONSTITUTION OF THE 



All gifts, 
grants, etc. 
confirmed. 



Who shall be 
overseers. 

See Statutes, 
1851, 224. 
1852, 27. 
1859, 212. 
1865, 17.3. 
1880, 65. 



Power of altera- 
tion reserved to 
the legislature. 



to have, hold, use, exercise, and enjoy; and the same are 
hereb}' ratified and confirmed nnto them, the said presi- 
dent and fellows of Harvard College, and to their suc- 
cessors, and to their oiBcers and servants, respectively, 
forever. 

II. 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 Harvard College, and to their successors 
in the capacity aforesaid, according to the true intent and 
meaning of the donor or donors, grantor or grantors, 
devisor or devisors. 

III. And whereas, by an act of the general court of 
the colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-two, the governor and 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a number of the 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, Avho, with the president of Harvard College, 
for the time being, together Avith the ministers of the con- 
gregational churches in the towns of Cambridge, AVater- 
town, CharlestoAvn, Boston, Roxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
Avith all the poAvers and authority belonging, or in any 
Avay appertaining to the overseers of Harvard College ; 
provided, that nothing herein shall be construed to pre- 
vent the legislature of this commonAvealth from making 
such alterations in the government of the said university, 
as shall be conduciA^e to its advantage, and the interest 
f)f the republic of letters, in as full a manner as might 
have IxMMi done by the legislature of the late Province of 
the Massachusetts Bay. 



COMMONWEALTH OF MASSACHUSETTS. 29 



CHAPTER V. 
Section H. 

The Encouragement of Literature, etc. 

"Wisdom and knowledge, as well as virtue, diffused gen- Dntyofiegisiat- 
erally among the body of the people, being )iecessary for igt?aterin"aif 
the preservation of their rights and liberties ; and as these FOT^furtue^pro- 
depend on spreading the opportunities and advantages of ^j^^u'c^cboois 
education in the various parts of the country, and among seeamend- 
the different orders of the people, it shall be the duty xviii. 
of legislatures and magistrates, in all future periods of 503. ^^' 
this commonwealth, to cherish the interests of literature 10^^2,88.94,97. 
and the sciences, and all seminaries of them ; especially 
the university at Cambridge, public schools and grammar 
schools in the towns ; to encoiU'age 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 charit}^, 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; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; 
THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI- 
SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC. 

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

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

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



30 



CONSTITUTION OF THE 



Declaration and 
oaths of all 
officers. 



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



Oatli of officp. 



Proviso. See 
amendinents, 
Art. VI. 



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

[" I, A. B., do truly and sincerely acknowledge, profess, 
testify, and declare, that the Commonwealth of 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 conspiracies and all 
hostile attempts whatsoever ; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
(jueen, 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 jmdsdiction, superiority, pre- 
eminence, authoritj^ dispensing or other power, in any 
matter, civil, ecclesiastical, or spiritual, within this com- 
monw^ealth, except the authority and power which is or 
may be vested by their constituents in the congress of the 
United States : and I do further testify and declare, that 
no man or body of men hath or can have any right to 
absolve or discharge me from the obligation of this oath, 
declaration, or affirmation ; and that I do make this ac- 
knowledgment, profession, testimony, declaration, denial, 
renunciation, and abjuration, heartily and truly, according 
to the common meaning and acceptation of the foregoing 
A\'ords, without any equivocation, mental evasion, or secret 
r(!servation 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 m}' abilities and understanding, agreeably to 
the rules and rejrulations of the constitution and the laws 
of the commonwealth. So help me, God." 

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



COMMONWEALTH OF MASSACHUSETTS. 31 

pco])le 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 
sirear," " and abjure," " oafh or" " and abjuration," in the 
first oath, and in. the second oath, the Avords] ''swear 
and," and [in each of them] the words " So help me, 
God ;" subjoining instead thereof, " T/im I do wider the 
'pains and penalties of perjurt/." 

And the said oaths or affirmations shall be taken and °ffirma't°on8. 
subscribed bj the governor, lieutenant-governor, and coun- ^g°^/*^'^''''^" 
cillors, before the president of the senate, in the presence 
of the two houses of assembh^ ; and by the senators and 
representatives first elected under this constitution, before 
the president and five of the council of the former consti- 
tution ; and forever afterwards before the governor and 
council for the time being ; and by the residue of the 
officers aforesaid, before such persons and in such manner 
as from time to time shall be prescribed by the legislature. 

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

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

No person holding tlie office of judge of the supreme incompatible 
judicial com-t — secretarj" — attorney-general — solicitor- Fo'r''further pro- 
general — treasurer or receiver-general — judge of probate Sco^mpatlwe 

— commissary-general — [president, professor, or instruc- "^e^^'i^ents, 
tor of Harvard "College! — sheriff — clerk of the house of ^I?-"^^!^: ' 

o J ^ _ , Officers of Har- 

representatives — register of probate — register of deeds vardooiiege 

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



32 



CONSTITUTION OF THE 



Incompatible 
oflices. 



Bribery, etc., 
diequaiify. 



Value of money 
aBcertained. 



Property quali- 
fications may 
be increaseJ. 
See amend- 
ments, Arts. 
XIII. and 
XXXIV. 



Provisions 
rcHpecting 
commissions. 



Provisions re- 
specting writs. 

2 Pick. 592. 

3 Met. 58. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Mass. 59. 

2 Mass. 534. 

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



Benefit of 
liabeun corpus 
secured, except, 
etc. 



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

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

And no p(5rson 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 coui'se of law, have been convicted of bribery or cor- 
ruption in obtaining an election or appointment. 

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

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

V. All writs, issuing out of the clerk's office in any of 
the courts of law, shall be in the name of the Common- 
wealth of Massachusetts ; they shall be under the seal of 
the court from whence they issue ; they shall bear test of 
the first justice of the court to which they shall be return- 
able, who is not a party, and be signed 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 
Massachusetts Bay, and usually practised on in the courts 
of law, shall still remain and be in full force, until altered 
or repealed by the legislature ; such parts only excepted 
as are repugnant to the rights and liberties contained in 
this constitution. 

VII. The privilege and benefit of the writ of habeas 
corpus shall be enjoyed in this commonwealth, in the most 
free, easy, cheap, expeditious, and ample manner ; and 
shall not be suspended b}^ the legislature, except upon the 
most urgent and pressing occasions, and for a limited 
time, not exceeding twelve months. 



COMMONWEALTH OF MASSACHUSEITS. 33 

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

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

of the said government and people, at the time this con- 
stitution shall take effect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them gi-anted 
or committed, until other persons shall be appointed in 
their stead ; and all courts 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 enjoyment and 
exercise of all their trusts, employments and authority ; 
until the general court, and the supreme and executive offi- 
cers under this constitution, are designated and invested 
with their respective trusts, powers, and authorit3^ 

X. [In order the more effectually to adhere to the Provision for 
principles of the constitution, and to correct those viola- stiVutVon.'^"" 
tions which by an}-^ means may be made therein, as well provtsi'ouTif to 
as to form such alterations as from experience shall be g^^ame^o^d-*'*' 
found necessary, the general court which shall be in the ments, Art. ix. 
year of our Lord one thousand seven hundred and ninety- 
five, shall issue precepts to the selectmen of the several 

towns, and to the assessors of the unincorj:)orated planta- 
tions, directing them to convene the qualified voters of 
their respective towns and plantations, for the purpose 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 
thu-ds of the qualified voters throughout the state, who stuutTon?"" 
shall asseml^le and A^ote 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 secretarj^'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 theu' representatives in the second 
branch of the legislature are by this constitution to be 
chosen.] 



34 



CONSTITUTION OF THE 



preJerv'ing^aud N^I- Tliis foriii of govGriimcnt yliall be enrolled on 

coDstuution!"'* parchment, and deposited in the secretaiy's offiee, 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. 11. 



General court 
empowered to 
charter cities. 
122 Mass. 304. 



Proviso. 

112 Mass. 200. 



Qualificatio3Bof 
voters f(jr gov- 
ernor, lieuten- 
ant-governor, 
ceuators and 
representatives. 
Bee amend- 
ments, Arts. 
XXX. and 
XXXII. 
11 Pick. .538, 540. 
14 Pick. 341. 
14 Mass. 367. 
5 Met. 162,298, 
591, 694. 



AKTICLES OF A]MENDMENT: 

Article I. If ain- bill or resolve shall be objected to, 
and not approved b}^ the governor ; and if the general 
coiu'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 Avith 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 purpose. And pro- 
vided, also, that all by-laws, made by such municipal 
or city government, shall be subject, at all times, to be 
annulled by the general court. 

Art. III. Every male citizen of twenty-one j^ears of 
age and upwards, excepting paupers and persons under 
guardianship, Avho shall have resided within the common- 
wealth one }ear, and within the toAvn or district in which 
he may claim a right to vote, six calendar months next 
})receding any election of governor, lieutenant-governor, 
senators, or representatives, [and who shall have paid, 
by himself, or his parent, master, or guardian, any state 



COMMONWEALTH OF MASSACHUSETTS. 35 

or county tax, which .shall, within two years iw.xt preced- {^i^^l^^l^-^^ 
ing such election, have been assessed upon him, in any ^ll-^^^^ ^^^ 
toAvn or district of this commonwealth ; and also every For educational 
citizen who shall be, by law, exempted from taxation, Tee-lmend-"' 
and who shall be, in all other respects, qualified as above KoTSov^si^^' 
mentioned,] shall have a right to vote in such election of have s^rTe*dTn ° 
governor, lieutenant-governor, senators, and representa- ^^^^^i^^i^""^ 
tives : and no other i)erson shall be entitled to vote in of war, see 

' , '^ amendments, 

such election. Arts.xxvui. 

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

Art. IV. Notaries i)ublic shall be aiipointed by the Notaries pubuc, 

^ , '- .-,.., ,^. how appointed 

governor m the same manner as judicial omcers 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 ^^ent^An. 
legislatui-e. xxxvn. " 

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

n • offices of sGcre- 

mon wealth shall become vacant from any cause, during tary and treas- 
the recess of the general com-t, the governor, with the tws clause 
advice and consent of the council, shall nominate and ame^'ildmentef 
appoint, under such regulations as may be prescribed Art. xvii. 
by law, a competent and suitable person to such vacant 
office, who shall hold the same until a successor shall be 
appointed by the general court.] 

Whenever the exigencies of the commonwealth shall gen^ralTaJbe 
require the appointment of a commissary-general, he shall ^PPf'JJj^''' ^° 
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, 

, •, r, pf, . T ill- how removed. 

may be removed trom oince m such manner as the legis- 
lature may, b}^ law, prescribe. 

Art. V. In the elections of captains and subalterns ^viio may vote 
of the militia, all the members of theu* respective compa- BubaUern °'* ^° 
nies, as well those under as those above the age of twenty- 
one 3'ears, shall have a right to vote. 

Art. VI. Instead of 'the oath of allegiance prescribed ?;'ui*officrrl^° 
by the constitution, the following oath shall be taken and ctf vi"^Art i 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to wit : — 

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



36 CONSTITUTION OF THE 

Qu°ake?Bmay Providsd, That wheii any person shall be of the denomi- 
afflrm. nation called Quakers, and shall decline taking said oath, 

he shall make his affirmation in the foregoing form, omit- 
ting the word ' ' swear " and inserting, instead thereof, the 
word ' ' affirm," and omitting the words ' ' So help me, God," 
and subjoining, instead thereof, the words, "This I do 
under the pains and penalties of perjury." 
Tests aboiiBhed. ^jjt. VII. No oatli, declaration, or subscription, ex- 
cepting the oath prescribed in the preceding article, and 
the oath of office, shall be requu'ed of the governor, lieuten- 
ant-governor, councillors, senators, or representatives, to 
(jualif}^ them to perform the duties of their respective offices. 
o?office^'^^''"^ Art. YIII. No judge of any court of this common- 
122 Ma.-8. 445, -^yealtli, (cxccpt tlic court of sessions,) and no person 
i23'Ma8B. 525. holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governor, or coun- 
cillor, or have a seat in the senate or house of representa- 
tives of this commonwealth ; and no judge of any court in 
this commonwealth, (except the court of sessions,) nor the 
attorney-general, solicitor-general, county attorney, clerk 
of any court, sheriif, treasurer and receiver-general, reg- 
ister of probate, nor register of deeds, shall continue to 
hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust ; 
but the acceptance of such trust, by any of the officers 
aforesaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common 
pleas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 
TO^ifufuTion*,'' *° Art. 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, with the yeas and nays 
taken thereon, and referred to the general court then next 
to be chosen, and shall be published ; and if, in the general 
court next chosen as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of the 
senators and two-thirds of the members of the house of 
representatives present and voting thereon, then it shall 
be the duty of the general court to submit such proposed 



commonwp:alth of Massachusetts. 37 

aniendinent 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, the}^ shall become part of 
the constitution of this commonAvealth. 

Art. X. The political year shall begin on the first commencement 
Wednesday of January, instead of the last Wednesday of year. 
May ; and the general court shall assemble every year on 
the said first 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 ^.^and termina. 
dissolved on the da}^ next preceding the first Wednesday 
of January, without an}^ proclamation or other act of the 
governor. But nothing herein contained shall prevent 
the general com't from assembling at such other times as 
they shall judge necessary, or when called together by the 
governor. The governor, lieutenant-governor and coun- 
cillors, shall also hold their respective offices for one year 
next following the first Wednesday of January, and until 
others are chosen and qualified in thek* stead. 

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

L o • 1 11 1 1 1 choice of gov- 

governor, senators, and representatives, shall be held on ernor, lieuteu- 
the second Monday of November in every year; but etc., when to be 
meetings may be adjourned, if necessary, for the choice Thisciause 
of representatives, to the next day, and again to the next am^en'dmemil^ 
succeeding day, but no further. But in case a second ^rt.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 Ma}^ as the com- 
mencement of the political 3^ear, 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 ^'^o\uC''^° 
October, next following the day when the same shall be operation. 
duly ratified and adopted as an amendment of the consti- 
tution ; and the governor, lieutenant-governor, councillors, 
senators, representatives, and all other state officers, who 
are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into ojieration, shall 
hold their respective offices until the first Wednesday of 



38 CONSTITUTION OF THE 

eratiuary then next following, and until others are cliosen 
and qualified in their stead, and no longer ; and the first 
election of the governor, lieutenant-governor, senators, and 
representatives, to be had in vk'tue of this article, shall 
be had conformably thereunto, in the month of November 
following the da}^ on which the same shall be in force, and 
go into operation, pursuant to the foregoing provision. 
inconsiPtent ji^j[ f]^Q provisious of the existino- constitution, incon- 

annulled. sistcut with the provisions herein contained, are hereby 

wholly annulled. 
Sim" Art. XI. Instead of the third article of the bill of 

estauished riffhts, the folio wins: modification and amendment thereof 

.See Dec. of . ~ . , ® 

Rights, Art. is Substituted : — 

"As the public worship of God and instructions in 
piety, religion, and morality, promote the happiness and 
prosperity of a people, and the secm'ity of a republican 
government; therefore, the several religious societies of 
this conmionwealth, 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 payment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until they shall file with the clerk of such 
society a written notice, declaring the dissolution of their 
membership, and thenceforth shall not be liable for any 
grant or contract Avhicli may be thereafter made, or entered 

122 Mass. 40.41. into by sucli socictv ; 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." 

bi^pousto'be" Art. XII. [In order to provide for a representation 

taken in is.'57 ^f (-^q citizcns of thls commonwcalth, founded upon the 

and decenuiallv ... „ ,. /• j i , i i n • i 

thereafter, principles of cquality, a census ot the ratable polls, in each 
Bupereeded'by* city, toAvn, and district of the commonwealth, on the first 
TtVxuT!^' day of May, shall be taken and returned into the secre- 
ru'^perUdedtr Gary's office, in such manner as the legislature shall pro- 
An'xxr*^' vide, within the month of May, in the year of our Lord 
RepVesenta- one thousaiid eight hundred and thirty-seven, and in every 
apportioned. tiMitli year thereafter, in the montli of May, in manner 
aforesaid ; and each town or city having three hundred rata- 



COMMONWEALTH OF MASSACHUSETTS. 39 

bio polls at the la.st })rcccding decennial census of polls, 
may elect one representative, and for every four hundred 
and fifty ratable i)olls 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 ratabieT^oHs, 
polls, at the last preceding decennial census of polls, shall senLd?"^' 
be multiplied by ten, and the product divided by three 
hundred ; and such town may elect one representative as 
many years within ten j^ears, as three hundred is contained 
in the product aforesaid. 

Any city or town having ratal^le polls enough to elect feprelented."'^ 
one or more representatives, with any number of polls 
beyond the necessary number, may be represented, as to 
that surplus number, by multiplying such surplus number 
by ten and dividing the product by four hundred and fifty ; 
and such city or town may elect one additional representa- 
tive as manj^ years, within the ten years, as foiu- hundred 
and fifty is contained in the product aforesaid. 

Any two or more of the several towns and districts Towns may 
may, by consent of a majority of the legal voters present sentauve dis- 
at a legal meeting, in each of said towns and districts, 
respectivel}^ 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 determlne'the 
Lord one thousand eight hundred and thh'ty-seven, accord- re^ntltwel^to 
ing to the foregoing principles, the number of representa- ^^^ia^jg^'eutitied 
tives, which each city, town, and representative district 
is entitled to elect, and the number of 3'^ears, within the 
period of ten years then next ensuing, that each city, 
town, and representative district may elect an additional 
representative ; and where any town has not a sufficient 
number of polls to elect a representative each year, then, 
how many years within the ten years, such town may elect 
a representative ; and the same shall be done once in ten New apportion. 

,1 r'i 1 ji 1 '^ 1 ±1 meuttobemade 

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



40 



CONSTITUTION OF THE 



Inconsistent 

provisions 

annulled. 



Census of in- 
habitants to be 
taken in 1840, 
and decennially 
thereafter, for 
bat-is of repre- 
sentation. 
Provisions as to 
census super- 
seded by amend- 
ments. Arts. 
XXl.andX.XII. 

Senatorial dis- 
tricts declared 
permanent. 
FrovisionB as to 
senators supor- 
seded by amend- 
ments, Alt. 
XXU. 



HouBe of repre- 
sentatives, how 
apportioned. 
Provisioni^ as to 
representatives 
superseded by 
amendments, 
Art. XXI. 



Small towns, 
how repre- 
sented. 



Towns may 
unite into 
representative 
dibtricts. 



city, town and representative district may elect as afore- 
said ; and when the nimibcr 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 
])eople, and that number shall remain fixed and unalterable 
for the period of ten years. 

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

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

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

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

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

iVny two or more of the several towns may, by consent 
of a majority of the legal voters present at a legal meet- 
ing, in each of said towns, respectively, called for that 
})urpose, and held before the first day of August, in the 
3'ear 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 sliall have all the rights, in regard to repre- 
sentation, which would belong to a town containing the 
same number of inhabitants. 

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

In the year of each decennial census, the governor and JiJjfc^o°i^cTi°to 
council shall, before the first day of September, apportion n^^^ber""/^** 
the number of representatives which each city, town, and representatives 
representative district is entitled to elect, and ascertain once in every 
how many 3''ears, 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 fi"om among councillors to 
the people at large, on the first Wednesday of January, tiiVpeopL It""^ 
or as soon thereafter as may be, by the joint ballot of the provisions as to 
senators and representatives, assembled in one room, who counciuors 

i -^ ' superseuea by 

shall, as soon as may be, in like manner, fill up any vacan- amendments, 

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 unmediateh' 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 quaimcluon'for 
be required as a qualification for holding a seat in either a seat iu general 

,1^,1 -, . , ^ , ., court or council 

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

Art. XIV. In all elections of civil officers by the Elections by the 
people of this commonwealth, whose election is provided piufautyof^^^ 
for b}^ 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 holdcn, 
for that piu'pose, on the foiu-th Monday of the same month 
of November, 
pg^* ?°"'?<="- Art. XVI. Ei^ht councillors shall be annually chosen 

lorn to be chosen . . ^ , . . • 

by the people, by the 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 first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
Legislature to thercafterwards, shall divide the commonwealth into eiffht 

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 city, and each entitled to elect 
one councillor : jiwvided, hotoever, 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- 
detmed.'*^ 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 years immediately preceding his elec- 
^eTorele^tfon tiou. The day and manner of the election, the return of 
etc ' the votes, and the declaration of the said elections, shall 

be the same as are requu-ed in the election of governor, 
mied""^^' ^"""^ [Whenever there shall be a fiiilure to elect the full nuni- 
Kornewpro- j^j.^ f,f couiicillors, the vacaiicies shall be filled in the same 

vision as to , • -x i» f'^^• • • i 

vacancies, see nuuiiier as IS rcquircd 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 such vacaucics shall have hapiiened.1 And that 

the government. ' , i i • ai • /• I'\^ 

there ma}^ 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 th(r 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 re})resentatives 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 said officers, the legislat- 
ure shall proceed to fill such vacancies in the manner pro- 
vided in the constitution for the choice of such officers. 

Art. XVH. The secretary, treasurer and receiver- Election of 
general, auditor, and attorn e^^-general, shall be chosen rrert'anditorf^' 
annually, on the day in November prescribed for the genJrai'by^he 
clioice 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, b}^ joint 
ballot of the senators and representatives, in one room ; 
and in case the office of secretary, or treasurer and receiver- 
general, or auditor, or attorney-general, shall become va- 
cant, from any cause, during an annual or special session 
of the general court, such vacancy shall in like manner 
be filled by choice from the people at large ; but if such 
vacancy shall occur at any other time, it shall be supplied 
by the governor b}^ 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 Xer'^fse office 
after he could otherwise enter upon his duties, to qualify vac'lnt.^^™^'^ 
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 piied*f or e?c"ta. 
all moneys which may be appropriated by the state for po^or^niV 
the support of common schools, shall be applied to, and provision as to 



44 



CONSTITUTION OF THE 



Bchoole, see 

constitution, 

I'ait First, Art. 

III. 

12 Allen, 500, 

508. 

103 Maes. 94,96 



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



Reading consti- 
tution in 
Kugiish and 
writing, neces- 
sary qualifica- 
tions of voters. 
Proviso. 
For other quali- 
fications, see 
amendments. 
Art. HI. 
See also amend- 
ments, Art. 
XXI [1., which 
was annulled by 
amendments, 
Art. XXVI. 

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



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



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

Art. XIX. The legislature shall prescribe, by general 
law, for the election of sherifl's, registers of probate, [com- 
missioners of insolvency,] and clerks of the courts, by the 
pe()])lc of the several counties, and that district-attorneys 
shall be chosen by the peoph^ of the several districts, for 
such term of office as the legislature shall prescribe. 

no Mass. 172, 173. 117 Mass . 602, 603. 121 Mass, 66. 

Art. XX. No person shall have the right to vote, or 
be eligible to office under the constitution of this common- 
wealth, who shall not be able to read the constitution in 
the English language, and write his name : provided, how- 
pver, that the provisions of this amendment shall notappl}^ 
to any person prevented by a i)hysical disability from com- 
plying with its recjuisitions, nor to any person who now 
has the right tt) vote, nor to any persons who shall be 
sixty years of age or upwards at the time this amendment 
shall take effect. 

Akt. XXI. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and 
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 enumer- 
ation shall be made of the legal voters ; and in each city, 
said enumeration shall specify tlu; number of such legal 
Toters aforesaid, residing in each ward of such city. The 
enumeration aforesaid shall determine the apportionment 
of representatives for the periods between the taking of 
the census. 

The houses of rei)resentatives shall consist of two hun- 
dred and forty members, which shall be apportioned by 
the legislature, at its first session after the return of each 
enumeration as aforesaid, to the several counties of the 
commonwealth, equally, as nearly as may be, according 
to their relative numbers of legal voters, as ascertained 
by the next preceding special enumeration ; and the toAvn 
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 Plj^mouth ; 

and it shall be the duty of the secretary of the common- secretary ehau 

wealth, to certifj^ as soon as may be after it is determined lllsluthonzed 

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

each county shall be entitled, to the board authorized to 

divide each county into representative districts. The 

mayor and aldermen of the city of Boston, the county 

commissioners of other counties than Suffolk, — or in lieu 

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

county commissioners in each county other than Suffolk, 

such board of special commissioners in each county, to 

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

therein, as may for that piu'pose be provided by laAV, — 

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

j_ n J. J.' i. I i. 1,1 J. divisiou to be 

assignment of representatives to each count}^ assemble at first Tuesday 
a shire town of their 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. 
Every representative, for one 3'ear at least next preceding Quaiiflcationsof 
his election, shall have been an inhabitant of the district i22Mals!^595^*' 
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- describe^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 conmaon wealth, 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 callino; and conductino; the meetino:s for 
the choice of representatives, and of ascertaining their 
election, shall be prescribed by law. [Xot less than one Quonim, see 
hundred members of the house of representatives shall A'rt.'xxxm. 
constitute a quorum for doing business ; but a less num- 
ber may organize temporarily, adjourn from day to day, 
and compel the attendance of absent members.] 

Art. XXn. A census of the legal voters of each city f^^^j?*^®**'-,, 
and town, on the first day of jMay, shall be taken and 



46 



CONSTITUTION OF THE 



Voters to be 
basis of appor- 
tionment of 
Beuatoi's. 



Senate to con- 
sist of forty 
members. 



Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Quorum, see 
amendments, 
Art. XXXm. 



Residence of 
two years re- 
quired of natu- 
ralized citizens, 
to entitle to suf- 
frage or make 
eligible to ofUce. 
Tliis article 
annulled by 
Art. XXVI. 



Vacancies in the 
senate. 



returned into the office of the secretary of the common- 
"wealth, on or before the last day of June, in the year one 
thousand eight liundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight liundred 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 enumei-ation 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 ecjual number of legal voters, ac- 
cording to the enumeration aforesaid : jjvovided, Jioivever, 
that no town or ward of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as may be, 
without uniting two counties, or })arts 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 fi'oni 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 subse(]uent 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 ailcct 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 

Art. XXV. In case ol' a vacancy in the council, from vacancies in the 
a failure of election, or other cause, the senate and hou.se 
of representatives shall, by concurrent vote, choose some 
eligible person from the i)eoplc of the district wherein sucl) 
vacancy occurs, to fill that office. If such vacancy shall 
happen when the legislature is not in session, the governor, 
with the advice and consent of the council, may fill the same 
by appointment of some eligible person. 

Art, XXVI. The twenty-third article of the articles Twenty-twrd 
of amendment of the constitution of this commonwealth, ameudments 
which is as follows, to wit: " No person of foreign birth '^"■i^iied. 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his natm-alization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth : jjrovided^ 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 tem- 
porary absence of the parent therefrom," is hereby wholly 
annulled. 

Art. XXVH. So much of article two of chapter six Provisions of 

.. ,•!• lii lij- Alt. II., Chap. 

of the constitution of this commonwealtli as relates to per- vi., relating to 
sons holding the office of president, professor, or instructor vardTooiieget'^" 
of Harvard College, is hereby annulled. ''"°"''^''- 

Art. XXVIII. No person having served in the army supereedBd by 
or navy of the United States in time of war, and having 
been honorably discharged from such service, if otherwise 
qualified to vote, shall be disqualified therefor on account 
of being a pauper ; or, if a pauper, because of the non- 
payment of a poll tax. 

Art. XXIX. The a-eneral court shall have full power voting pre- 

-, 1 • • P f. T • I T -i y c l^ J. cincta in towns. 

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 reason of 
representatives, shall, by reason of a change of residence dencf untiiTil" 
within the commonwealth, be disqualified from voting for {^"g^ofVem^vai. 
said officers in the city or town from which he has removed 



48 



CONSTITUTIOX OF THE 



Amendments, 
Art. XXVIII. 
amended. 



Person who 
served in army 
or uav}', etc., 
not disqualified 
from voting for 
non-paymeut of 
poll tax. 



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



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



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



Provisions of 
Art. II., §111., 
Chap. I., rela- 
tive to expense 
of travelling to 
the general 
assembly by 
members of the 
bouse, 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 words " being a pauper", and 
inserting' in place thereof the words : — receiving or having 
received aid from any city or town, — and also by striking 
out in said fourth line the words " if a pauper", so that 
the article as amended shall read as follows : Article 
XXVIII. No person having served in the army or navy 
of the United States in time of war, and having been hon- 
orably discharged from such service, if otherwise qualified 
to vote, shall be disqualified therefor on account of receiv- 
ing or having received aid from any city or town, or be- 
cause of the non-payment of a poll tax. 

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

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

Art. XXXIV. So much of article two of section one 
of chapter two of part the second of the constitution of 
the commonwealth as is contained in the following words : 
"and unless he shall at the same time be seised, in his 
own riglit, of a freehold, within the commonwealth, of the 
A^alue 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 tlio house, and does not depart without leave", 
is hereby annulled. 

Art. XXXVl. So much of article nineteen of the AmendmentB, 

• 1 /> 1 •! 1' L' ^^ Art. XIX., 

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

Art. XXXVII. The g-overnor, wdth the consent of Removal of 

o ^ ' , certain onicerB, 

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 afiirmative. 
When the convention assembled, it was found that the constitution 
had been adopted by the requisite number of votes, and the conven- 
tion accordingly Besolvcd, " 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, Xovember 15, 1820, to the 2)eople, and by 
them ratified and adopted April 9, 1821. 

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

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

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

The thirteenth Article w^as 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 Api-il, 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, tweuty-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 peoi)le 
on the ninth day of May, 1859, and was repealed by the twenty-sixth 
Amendment. 

The twenty-fourth and twenty-fifth Articles were adbj^ted 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 b}' the legislatures of the 
political years 1880 and 1881, and was approved 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-fourth 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 w\as adopted by the legislatures of the 
political years 1892 and 1893, and was approved and ratified by the 
people on the seventh day of November, 1893. 

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



COMMONWEALTH OF MASSACHUSETTS. 51 

The thirty-seventh Article was adopted by the leg-islatures of the 
political years 1906 and 1907, and was a|)proved aud 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 
peojile on the twenty-second day of April, 1889] 

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



INDEX TO THE CONSTITUTION. 



INDEX TO THE CONSTITUTION. 



A. 

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

removed by governor with consent of council upon, . 26 

Adjutant-general, appointed by the governor, .... 22 
Adjutants, to be 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, projDOsed in the general court, 
agreed to by a majority of senators and two-thirds of 
house jiresent and voting thereon by yeas and nays ; en- 
tered upon the journals of both houses, and referred to 
the next general court ; if the next general coiu't agrees 
to the proposition in the same manner, and to the same 
effect, it shall be submitted to the j)eople, and, if approved 
by them by a majority vote, becomes a part of the con- 
stitution, 36, 37 

Apportionment of councillors, 24,41,42 

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

Apportionment of senators, 13,40,46 

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

districts, 46 

Apportionment of representatives, ..... 16,39,40,44 

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

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

Arms, right of people to keep and to bear, for 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 qualified, 43 
election determined by legislature, ... ... 43 

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

of votes at November election, 43 

55 



56 INDEX TO THE CONSTITUTION. 



Page 



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

vacancy occvirring 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 

oflSee to be deemed vacant if person elected or aijjiointed 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 Irom third Wednesday in January 

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

election determined by legislatiu'e, ...... 43 

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

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

next preceding election, 43 

ofiice to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 



B. 

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

Bills, money, to originate in the house of representatives, . . 17 

Bills and resolves, to be laid before governor for revisal, . . 10 

to have force of law if signed by governor, .... 10 

if objected to by governor in writing, to be returned to 
branch in which originated, and may be passed by two- 
thirds of each branch present and voting thereon by yeas 
and nays, .......... 10 

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

before that time expires, 11,34 

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

Body jDolitic, 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 inliabitants 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 people of the several counties, . 44 
Clerks of towns, to make records and returns of elections, . . 13 
Colonial laws, not repugnant to the constitution, continued in 

force, . 32 

Commander-in-chief, governor to be, 20 

Commerce, agricultui*e and tlie arts, to be encouraged, ... 29 
Commissarj'-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 ofhces, ... 86 
Constitution, amendment to, proposed in the general court, agreed 
to by a majority of senators and two-thirds of the house 
present and voting thereon by yeas and nays ; entered 
upon the journals of both houses, and referred to the next 
general court; if the next general court agrees to the 
proposition in the same manner and to the same effect, it 
shall be submitted to the people, and, if approved by them 
by a majority vote, becomes a part of the constitution, . 36, 37 

Constitution, provisions 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 ti'ust, etc., . 32 
Council, five members to constitute a quorum, .... 24 
eight councillors to be elected annually, ..... 24, 42 
election to be determined by rule required in that of gov- 
ernor, 42 

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

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

to rank next after the lieutenant-governor, .... 25 

resolutions and advice to be recorded in a register, and signed 

by the members present, ....... 25 

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

and lieutenant-governor is vacant, 25 



58 INDEX TO THE CONSTITUTION. 

Page 

Council, no i:)roperty qualification required, 41 

eight districts to be formed, eaeli composed of five contiguous 

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

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

term of office, 37 

vacancy to be filled by election of a resident of tjie 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 honor.able 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 oijinions upon important questions of law, etc., when 
recpiired by either branch of the legislature or by the 
governor and council, ....... 26 

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

Courts, probate, i^rovisions for holding, 26 

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

may administer oaths or affirmations, 11 

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

Crimes to be proved in the vicinity of where they happen, . . 7 

D. 

Debate, freedom of, in the legislature, 8 

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

Delegates to congress, 27 

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

District attorneys, elected 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 peoifie, of civil officers provided for by the consti- 
tution, to be by plurality of votes, 41 



INDEX TO THE CONSTITUTION. 



59 



Election of civil officers, meeting to be held annually on the first 
Tuesday next after the first ISIonday iu November, . 
in case of failure to elect representative, meeting to be held 
on fourth Monday in November, 

Election returns, 

Enacting style of laws, established, . 

Equality and natural rights of all men, . 

Estates, ^Muation to be taken anew once at least every ten years, 

Executive department, notto exercise legislative or judicial powers. 

Ex 2^ost facto laws, declared unjust and oppressive, 

F. 

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

Fines, excessive, not to be imposed, 

Frame of government, 

Freedom of speech and debate in the legislature. 

Freehold, possession of, not required as qualification for seat in the 
general court or council, . 
possession of, by governor, provision requiring, annulled, 

Fundamental principles of the constitution, a frequent recurrence 
to, recommended, 



rage 
41 

41,42 

13,42 

33 

4 

12 

9 

9 



9 

9 

10 



41 

48 



G. 

General court, to assemble frequently for redress of grievances, and 

for making laws, 8 

freedom of si^eech 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 aud erect judicatories and courts, 

may make wholesome and reasonable laws and ordinances not 

repugnant to the constitution, 

may provide for the election or appointment of ofiicers, and 

prescribe their duties, 

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

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

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, . . . . . 



11 

11 

11 
12 

20,37 
16,48 

19 



19,20 



60 



INDEX TO THE CONSTITUTION. 



P:ige 
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 i)rorogued by governor and council for ninety days, if 

houses disagree, etc., 20 

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

empowered to charter cities, ■ . 34 

to determine election of governor, lieutenant-governor and 

councillors,. . . 41,42 

to prescribe by law for election of sheriffs, registers of pi'o- 
bate and commissioners of insolvency by the people of 
the counties, and district attorneys by the people of the 

districts, . 44 

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

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

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

state, 5 

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

qualifications, . . •, 18,36,48 

term of office, 37 

should have an honorable stated salary, 23 

the commander-in-chief, of the arm}' 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 ofiice before president of the senate in pres- 
ence of the two houses of assembly, 31 

to sign all commissions, 32 

election determined by the legislati;re, 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 
Qinety days when houses disagree, or may direct session 
to be held in other than the usual place in case of an in- 
fectious distemper prevailing, 19 

to appoint all judicial oilicers, notaries public and coroners; 
nominations to be made at least seven days before ap- 
pointment, 21, 35 



INDEX TO THE CONSTITUTION. 61 



Governor, to appoint officers of the continental army, . 
may pardon ofl'ences, but not before conviction, 
may fill vacancy in council occurring when legislature is not 

in session, . . . 

with consent of council, may remove judicial officers, upon 

the address of both houses of the legislature, . 
Governor and council, to examine election returns, 

may punish persons guilty of disrespect, etc., by imprison 

ment not exceeding thirty days, .... 
quorum to consist of governor and at least five members of 

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

may require the attendance of the secretary of the common 

wealth in person or by dejjuty, 



Page 
22 
21 

47 

26 
14,42 

17,18 

19 

26 



H. 

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

Harvard College, powers and 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 instructed 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 Avhen ceasing to be 
an inhabitant of the state, ....... 45 

members not to be arrested on mesne process during going 

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

the grand inquest of the commonwealth, 17 

to originate all money bills, but the senate may propose or 

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

not to adjourn more than two daj^s at a time, .... 17 

quorum of, 17, 45 , 48 

to choose officers, establish its rules, etc., ..... 17 
may pvmish by 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 tlie 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 Novemlser, 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, l-*"^, 16 

Incompatible ollices, 31,36 

" Inhabitant," the Avord defined, 13 

Inhabitants, census to be taken in 18Go, and every tenth year there- 
after 38,40,44,45 

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

counties ; annulled, 44, 49 

Instruction of representatives, 8 



J. 

Judges of courts may not hold certain other offices, . . .31,36 
Judges of tlie 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, 81 

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

may administer oaths or affirmations, 11 

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



INDEX TO THE CONSTITUTION. 63 



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

nominalioiis to be made seven days prior to appointment, 21 
to hold olHoe 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 

I)roperty, 6 

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

ex xmd facto, prohibited as unjust and inconsistent with free 

government, 9 

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

Legislative 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 pres- 
ence of both houses, 31 

not to hold certain other offices, 31 

term of office, .37 

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

M. 

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

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

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

concurrent vote, 21 

may appoint their aids, 22 

Marriage, divorce and alimony, 27 



64 



INDEX TO THE CONSTITUTION. 



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

of legislatui'e, 

Military power, subordinate to civil authority, 

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

the limits of the state, 

captains and subalterns, elected by the train-bands, 
all members of coiupanies may vote, including minors, . 
field officers, elected by captains and subalterns, 
brigadiers, elected by field officers, ..... 
major-generals, elected by senate and house of representatives 

by concurrent vote, 

mode of election of officers to be fixed by standing laws, 

if electors refuse to elect, governor with advice of council 

may api^oint officers, 

officers commissioned to command may be removed as may 

be prescribed by law, 

appointment of staff" officers, 

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

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

shillings and eight pence per ounce, .... 

Money bills, to originate in house of representatives. 

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

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



Page 



21 
21,35 
35 
21 
21 

21 

21 

22 

22,35 
22 
22 
22 

32 
17 

43 



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

how removed, 35, 49 



o. 

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



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

forms of, 29, 30, 35 

Quakers may affirm, 30,36 

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

Objects of government, 3, 6 

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

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

Office, rotation in, right secured, 6 

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



11 



INDEX TO THE CONSTITUTION. 65 

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

of, 11 

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

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

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

removal of, 22, 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 

Organization of the militia, 22 



P. 

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

not before conviction, 21 

Peojile, to have the sole I'ight to govern themselves as a free, sover- 
eign and independent state, 6 

have a right to keej} 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, rataljle, census of, ......... 38 

Preamlde to constitution, 3 

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

for, 6 

Probate courts, provisions for holding, 26 

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

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

Property qualification, may l)e increased by the legislature, . . 32 

partially abolished, 41 

of governor, annulled, . 48 

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

force, 32 



66 INDEX TO THE CONSTITUTION. 



rage 



Public boards and certain ofllcers to make quarterly rei)orts to the 

governor, 22 

Public officers, right of people to secure rotation, .... 6 
all persons having the prescribed qualifications equally eli- 
gible, 6 

Public notary (see Notary public). 

Public religious worship, right and duty of, .... . 4 

Punishments, cruel and 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, i)roperty, partially abolished, 41 

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

of governor, 18,43,48 

of lieutenant-governor, 23,43,48 

of councillors, 41,43 

of senators, 15, 40, 46 

of representatives, ■ 16,41,45 

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

Quartermasters, appointed by commanding officers of regiments, . 22 

Quorum, of council, . 19,24,42 

of senate, 16,46,48 

of house of representatives, 17,45,48 

K. 

Ratable polls, census of, 38 

Reading and writing, knowledge of, necessary qualifications for 

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

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

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

and signed by members present, 25 

Registers of prolnile, 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 own pastors or religious teachers, 5, 38 

membership of, defined, 38 

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

worship, 4, 6, 38 



INDEX TO THE CONSTITUTION. 67 

Remedies by recourse to the law, to be free, complete and promj)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 179o, ... 33 

Rights, declaration of, 4 



s. 

Sailors and soldiers, Avho 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 sufUcient, 9,23 

School moneys, not to l)e apjirojiriated for sectarian schools, . 44 

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

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

in November, 25, 43 

to hold office for one year from third Wednesday in January 

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

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

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

vacancy occvirring during session of the legislature, filled by 

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

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

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

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten 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 



08 INDEX TO THE CONSTITUTION. 

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

Self-government, right of, asserted, 6 

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

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

to be chosen aimually, 13 

governor and at least five councillors, to examine and count 

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, hj people of the district, upon 

order of majority of senators elected, . . . . 16, 46 

qualifications of a senator, 15, 41 

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

to choose its officers and establish rules, 15 

shall try all impeachments, 15, 17 

quorum of, 16,46,48 

may punish for certain offences ; trial may be by committee, . 18 
may 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 ujion 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, ete., 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 i)olitic, entitled, — The Commonwealth of Massachu- 
setts, 10 

Supreme judicial court, judges to have honorable salaries fixed by 

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

not to hold certain other offices, ...... 31,36 

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



INDEX TO THE CONSTITUTION. 69 

T. 

Page 

Taxation should be founded on consent, 6,8 

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

representatives, . 8 

may be imposed by the legislature, 12 

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

years, 12 

Tenure that all commission officers shall by law have in their 

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

Tests abolished, 36 

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

Title of governor to be, — His Excellency, 18 

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

Town meetings, selectmen to preside at, 13 

Town representation in the legislature, 16, 39, 40 

Towns, voting i^recincts in, 47 

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

government, 16 

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

legislature, 9 

Treasurer and receiver-general, to be chosen by the peoiile 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 eligilile, 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 j^erson 
elected, vacancy to be filled by joint ballot of legislature 
from the two persons having the highest number of votes 

at jSTovember election, 43 

vacancy occurring during session of the legislature, filled by 

joint ballot of the legislature from the jieople at large, . 43 
vacancy occurring when legislature is not in session, to be 
filled by governor, by ai3pointment, with advice and con- 
sent of the council, 35,43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 

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

governor, except, etc., 22 

Trial by jury, right to, secured, 7 

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



70 INDEX TO THE CONSTITUTION. 

U. 

Page 
University at Cambridge, 27,28,47 



Y. 

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

Vacancy in offices of governor and lieutenant-governor, powers 

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

Vacancy in the council, to be tilled 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, tx'easurer, auditor and attorney- 
general, caused by decease of person elected, or failure 
to elect, tilled by joint ballot of legislature from the two 
persons having highest number of votes at November 

election, 43 

occurring during session of legislature, tilled by joint ballot 

of legislature from people at large, 43 

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

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

neglect or refuse to make election, 21, 22 

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

least, 12 

Veto power of the governor 10 

Voters, qualifications of, at elections for governor, lieutenant-gov- 
ernor, senators and representatives, . 13, 17, 34, 44, 4G, 47, 48 
not disqualified on account of non-payment of poll tax if they 

have served in the army or navy in time of war, etc., . 48 
male citizens, twenty-one years of age, who have resided in 
the state one year, and within the town or district six 
months, wdio have jiaid 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 
res])ects 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 

46 

44,46 

42,43 

41 

47 



basis of apportionment of senators, . , . . . 

census of, to be taken in 1865, and every tenth year after. 
Votes, returns of, 13, 19 

plurality of, to elect civil officers, 

Voting precincts in towns, 



INDEX TO THE CONSTITUTION. 71 



rago 
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 tlie commonwealth under the 
seal of the court, bear test of the first justice, and be 
signed by the clerk, 32 



Y. 

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



ACTS AND EESOLVES 



MASSACHUSETTS. 



1910. 



1^= The General Court of the year nineteen hundred and ten assembled 
on Wednesday, the fifth day of January. The oaths of office were taken 
and suljscribed by His Excellency Ebex S. Dijapkk and His Honor Loiis 
A. Fk()TIIIN(;iiam, on Thursday, the sixth day of January, in the presence 
of the two Houses assembled in convention. 



ACTS. 



An Act making appropriations for the compensation (JJiap, 1 
OF the members of the general court, for the com- 
pensation OF CERTAIN OFFICERS THEREOF, AND FOR 
EXPENSES IN CONNECTION THEREWITH, 

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

Section 1. The sinns hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the connnon wealth 
from the ordinary revenue, for the purposes specified, for 
the fiscal year ending on the thirtieth day of I^ovember, 
nineteen hundred and ten, to wit : — 

For the compensation of senators, thirty thousand seven Senators, com- 
liundred and fifty dollars. " pensation. 

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

For the compensation of representatives, one hundred Representa- 

. A i ' tives, com- 

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 Assistant 

1 J- • c ^ clerks, senate 

house 01 representatives, lour thousand dollars. and house. 

For the salary of Henry D. Coolidge, clerk of the senate, cierk of 

thirty-five hundred dollars. ^^^ '''"^'^• 

For such additional clerical assistance to the clerk of the clerical 

senate as may be necessary for the proper despatch of public «ss'-^*""^<'- 
business, a sum not exceeding fifteen hundred dollars. 

For the salary of James W. Kimball, clerk of the house cierk of 

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 8^^'^t^°<=«- 



Acts, 1910. — Chap. 1. 



Chaplains. 



Doorkeepers, 
etc. 



Assistant 
doorkeepers, 
messengers, 
etc. 

Printing and 
binding, 
senate and 
house. 

Manual. 



Senate sta- 
tionery. 



House sta- 
tionery. 



Contingent 
expenses. 



Expenses of 
committees. 



Advertising 
hearings. 



Witness 
fees, etc. 



Publication 
of bulletin. 



despatch of public business, a sum not exceeding twenty-five 
hundred dollars. 

For the compensation of the chaplains of the senate and 
house of representatives, six hundred 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 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 connnittees of the present 
general court, including clerical assistance to committees 
authorized to employ the same, a sum not exceeding fifteen 
thousand dollars. 

For expenses of advertising hearings of the C(mimittees 
of the present general court, including expenses of prepar- 
ing and mailing the advertisements to the various news- 
paj)ers, a sum not exceeding ten thousand dollars. 

For exj)enses of summoning witnesses, and for fees of 
such witnesses, a sum not exceeding two hundred dollars. 

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

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

Approved January 12, 1910. 



Acts, 1910. — Chaps. 2, 3. 



An Act making apj'kophiations for the salaries and ry^^j^ 2 

EXPENSES OP 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' Fnnd, for the salaries and expenses of the gas 
and electric light commissioners, for the iiscal year ending 
on the thirtieth day of November, nineteen hundred and 
ten, to wit : — 

For the salaries of the commissioners, eleven thousand pas and dec- 

' trjc lignt com- 

dollars. missioners. 

For clerical assistance, a sum not exceeding five thou- clerical 

I , 11 assistance. 

sand dollars. 

For statistics, books, stationery, and for other necessary Expenses. 
expenses, a sum not exceeding thirty-three hundred dollars. 

For rent of an office, a sum not exceeding forty-two hun- Rent of office. 
dred dollars. 

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

of meters. 

ing one thousand dollars. 

For the salary of the present gas inspector, twenty-eight j^j^^g^.^j. 
hundred dollars. 

For the salary of the present first assistant inspector. First 

• 1. 1 1 1111 a.ssistant. 

eighteen hundred dollars. 

For the salary of the present second assistant inspector. Second 

• , 1 1 1 1 n assistant. 

Sixteen 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, a sum not Annual 

1 o c5 1 / report. 

exceeding eighteen hundred dollars. 

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

Approved January 27, 1910. 

An Act making appropriations for the expenses of (JJiaf)^ 2 

THE BOARD OF FREE PUBLIC LIBRARY COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the free public library com- 



Acts, 1910. — Chap. 4. 



Free public 
libraries. 



Clerical as- 
sistance, etc. 

Annual 
report. 



missioners, for the fiscal year eiKling on the thirtieth day 
of November, nineteen hundred and ten, to wit : — 

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

For clerical assistance to and incidental expenses of the 
commissioners, a sum not exceeding five hundred dollars. 

For printing and binding the annual report, a sum not 
exceeding two huiidrod and fifty dollars. 

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

Approved January 27 , 1910. 



Appropria- 
tions. 



Railroad com- 
missioners. 



Chap. 4 An Act making appropriations for the salaries and 

EXPENSES OF THE RAIEROAD COMMISSIONERS. 

Be it enacted, etc., as follows: 

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

For the salaries of the commissioners, sixteen thousand 
dollars. 

For the salary of the clerk, three thousand dollars. 

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

For additional clerical assistance, a sum not exceeding 
twenty-two hundred dollars. 

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

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

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

For rent, care of ofiice and salary of a messenger, a sum 
not exceeding six thousand dollars. 

For books, maps, statistics, stationery, incidental and 
contingent expenses, a sum not exceeding forty-five hundred 
dollars. 

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

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



Clerk. 



Assistant 
clerk. 



Clerical 
assistance. 



Accountant. 



Railroad 
inspectors. 

Experts, etc. 



Rent, messen- 
gers, etc. 

Stationery, 
etc. 



Stenog- 
raphers, etc. 

Annual report. 



Acts, 1010. — Ciiaj's. 5, (J. 

For taking evidence given at iiuiuests in cases of death by Taking evi- 
accident occurring upon railroads and street railways, a inquests, etc. 
sum not exceeding thi-ee thousand dollars. 

Section 2. This act shall take (effect u\Hm its passage. 

Approved January 21 , lUW. 



Chap. 



An Act making an appropriation for the payment of 
ceaims arisino from the death of fireimen killed 
or injured in the discharge of their duties. 

Be it enacted, etc., as follows: 

Section 1. The sum of ten thousand dollars is hereby Payment of 
appropriated, to be ])aid out of the treasury of the common- [n'g"f"om '^ 
wealth, as authorized by section seventy-seven of chapter ofV|.emen 
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 discharge of 
their duties at fires, during the fiscal year ending on the 
thirtieth day of ISTovember, nineteen hundred and ten. 

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

Approved January 27, 1910. 

An Act making appropriations for the payment of ni^ny^ 6 

CERTAIN SERIAL BONDS. 

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, to provide for the pay- 
ment of certain serial bonds during the present year, to 
wit : — 

For the payment of the Suffolk county court house serial S"ff"ik 

1 1 1 ii/r 1 r- • 1 1 n T ,• county court 

bonds, due March first, nineteen hundred and ten, four house serial 
thousand dollars. 

For the payment of the state highway serial bonds, due state 
April first, nineteen hundred and ten, sixty-four thousand seriLTbonds. 
five hundred dollars. 

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

Approved January 27, 1910. 



8 



Acts, 1910. — Chaps. 7, 8, 9, 10. 



Chap. 7 An Act making an appropriation for the Massachu- 
setts INSTITUTK OF TECHNOLOGY. 

Be it enacted, etc., as folloirs: 

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

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

Approved January 27, 1910. 



irassachusetts 
Institute of 
Technology. 



Chap. 



Massachusetts 
State Fire- 
men's Associ- 
ation. 



8 An Act making ax appropriation for the Massachu- 
setts STATE firemen's ASSOCIATION. 

Be it enacted, etc., as folloics: 

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 
chai)ter 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 27, 1910. 



Chap. 9 An Act making an appropriation for the Worcester 

POLYTECHNIC INSTITUTE. 



Worcester 

Polytechnic 

Institute. 



Be it enacted, etc., as follows: 

Section 1. The sum of ten thousand dollars is hereby 
ap}n'0]iriated, to be paid out of the treasury of the common- 
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 27, 1910. 

Chap. 10 An Act makincj appropriations for salaries and ex- 
penses IN THE office OF THE CONTROLLER OF COUNTY 

accounts. 

Be it enacted, etc., as follows: 

Skction 1. The sums hereinafter mentioned are appro- 
])riated, to be paid out of the treasury of the commonwealth 



Appropria- 
tions. 



Acts, 1910. — Chaps. 11, 12. 9 

from the ordinary revenue, for the controller of county ac- 
counts, for the fiscal year ending- on the thirtieth day of 
Novemher, nineteen hundred and ten, to wit: — 

For the salary of the controller, twentv-five hundred *^'""*r^"*"' ^'^ 

dollars. accounts. 

For the salary of the first deputy, eighteen hundred j^pu\y 
dollars. 

For the salary of the second deputy, fifteen hundred j|!,7,',ty 
dollars. 

For the salary of the third deputy, twelve hundred dol- T'"'"'^ 

"■' i. d ■) deputy. 

lars. 

For travelling and office expenses of the controller and Expenses. 
his deputies, including the printing and binding of the 
annual report, a sum not exceeding eighteen hundred dol- 
lars. 

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

Approved January 27, 1910. 

An Act making appkopriations fok the compensation (JJkiij W 
and expenses of the ballot law commission. 

Be it enacted, etc., as fullows: 

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 ballot law commission, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and ten, to wit : — 

For the compensation of the commissioners, a sum not Baiiotiaw 
exceeding fifteen hundred dollars. 

For expenses, a sum not exceeding one hundred and fifty Expenses. 
dollars. 

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

Approved January 27, 1910. 

An Act making an APPPtOPKiATioN for the payment of njinjj 19 

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

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding ten thousand dollars is Premiums on 
hereby appropriated, to be paid out of the treasury of the chafed 'fo/the 
commonwealth from the ordinary revenue, for the payment gcTooi^'pund"^ 
by the treasurer and receiver general of premiums on secu- 



10 



Acts, 1910. — Chap. 13. 



rities purchased for the IMassachiisetts School Fund, as 
provided for hy section three of chapter IVjrty-one of the 
Revised Laws. 

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

Approved January 21 , IV 10. 



Chaj). 13 



Appropria- 
tious. 



Governor. 

Lieutenant 

governor, 

etc. 



Travelling 
expenses. 

Private 
secretary. 

Executive 
secretary. 

Stenog- 
rapher. 

Clerk. 



Messenger. 

Assistant 
messenger. 



Contingent 
expenses. 

Postage, 
printing, etc. 

Travelling 
and contingent 
expenses. 



Council 
postage, etc. 



An 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 salaries and expenses 
in the executive department, for the fiscal year ending on 
the thirtieth day of November, nineteen hundred and ten, 
to wit : — 

For the salary of the governor, eight thousand dollars. 

For the salary of the lieutenant governor, two thousand 
dollai-s, and for the salaries of the council, sixty-four hun- 
dred dollars. 

For travelling expenses of the council, a sum not exceed- 
ing one thousand dollars. 

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

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

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

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

For the salary of the messenger, twelve hundred dollars. 

For the salary of the assistant messenger, one thousand 
dollars. 

For contingent expenses, a sum not exceeding three 
thousand dollars. 

For postage, printing and stationery, a sum not exceeding 
twelve hundred dollars. 

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

For postage, printing and stationery for the council, a 
sum not exceeding five hundred dolhirs. 



Acts, 1910. — Chaps. U, ]5. 11 

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

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

For expenses incurred in the arrest of fugitives from Arrost of 
justice, a sum not exceeding one thousand dollars. 

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

Approved January 27, 1910. 

An Act imakincj appropkiations for the salary and njiQYi 14 

EXPENSES OF THE COM]M ISSIONER OF PUBLIC RECORDS. 

Be it enacted, etc., os 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 commissioner of public 
records, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and ten, to wit : — 

For the salary of the commissioner, twenty-five hundred of'p.^iic'""'^' 

dollars. records. 

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

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

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

Approved January 27, 1910. 

An Act making appropriations for the Massachusetts (Jhan. 15 

AGRICULTURAL COLLEGE. 

Be it enacted, etc., as follows: 

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

priated, to be paid out of the treasury of the commonwealth chusett^''^^'' 

from the ordinary revenue, for the Massachusetts Agricul- cfueg"*'"^'*' 
tural College, for the fiscal year ending on the thirtieth 
day of NoTember, nineteen hundred and ten, to wit : — 

For providing one hundred and twenty free scholarships. Free schoi- 

the sum of fifteen thousand dollars. ^'^ '^^' 



12 



Acts, 1910. — Chap. 16. 



Theoretical 
and practical 
educatiou. 



Maintenance, 
etc. 

Graduate 
school. 

Labor fund. 



Veterinary 
laboratory. 

Experiment 
station. 



Collecting, 
etc., samples 
of commercial 
feed stuffs. 

Expenses of 
trustees. 



Reports. 



Normal de- 
partment. 



Courses in 
agriculture. 



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-seven 
thousand five hundred dollars. 

For the general maintenance of the college, including 
heat, light and water, the sum of fifteen thousand dollars. 

For a graduate school, the sum of twenty-five hundred 
dollars. 

For a labor fund for the assistance of needy students, 
the sum of seventy-five hundred dollars. 

For maintenance of the veterinary laboratory, the sum 
of one thousand dollars. 

For maintaining an agricultural experiment station, the 
sum of ten thousand five hundred dollars. 

For collecting and analyzing samples of concentrated 
commercial feed stufts, a sum not exceeding three thousand 
dollars. 

For travelling and other necessary expenses of the trus- 
tees, a sum not exceeding eight hundred dollars. 

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

For establishing a normal department for the purpose of 
giving instruction in the elements of agriculture to persons 
desiring to teach such elements in the public schools, the 
sum of five thousand dollai-s. 

For short courses in agriculture, the sum of seventy-five 
hundred dollars. 

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

Approved January 27, 1910. 



Chap. 16 -"^N Act making appropriations for salaries and ex- 
penses IN THE DEPARTMENT OF THE AUDITOR OF THE 
COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 



Appropria- 
tions. 



Auditor. 



I)eputy 
auditor. 



priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the auditor's department, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and ten, to wit : — 

For the salary of the auditor, five thousand dollars. 

For the salary of the deputy audit(u-, thirty-five hundred 
dollars. 



Acts, 1910. — Chaps. 17, 18. 13 

For the salary of the supervisor of accounts, twenty-five supervisor 
hundred dollars. of accounts. 

For the salary of the lirst clerk, twenty-five hundred First clerk, 
dollars. 

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

For additional clerks, examiners and stenographers, a Additional 
sum not exceeding fourteen thousand dollars. '^^^ ^''^ '^' 

For the salary of the messenger, nine hundred dollars. Messenger. 

For the salary of a state printing expert, a sum not ex- Printing 
ceeding fifteen hundred dollars. ^^^^^ ' 

For incidental and contingent expenses, a sum not ex- Expenses, 
ceeding twenty-five hundred dollars. 

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

Approved January 27 , 1910. 

An Act making appkopkiations for the board of (JJkij)^ 17 
registration in veterinary medicine. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria 
priated, to be paid out of the treasury of the commonwealth borr/of 
from the ordinary revenue, for the salaries and expenses '^gf^rVna^r"" '" 
of the board of registration in veterinary medicine, for the medicine, 
fiscal year ending on the thirtieth day of November, nine- 
teen hundred and ten, to wit : — • 

For the salaries of the members, a sum not exceeding Salaries of 

1 1 Tin members. 

SIX hundred dollars. 

For travelling and other expenses, a sum not exceeding Expenses. 
five hundred dollars. 

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

Approved January 21 , 1910. 

An Act making appropriations for the salary and (JJiQjy jg 
expenses of the state forester, and for the sup- 
pression OF THE gypsy and brown tail moths. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth *'°"''" 
from the ordinary revenue, for the state forester's depart- 
ment, for the fiscal year ending on the thirtieth day of 
!N^ovember, nineteen hundred and ten, to wit : — 



14 



Acts, 1910. — Chaps. 19, 20. 



State 
forester. 

Clerical 
assistance, 
etc. 

Purchase 
of land. 

Suppression 
gypsy and 
brown tail 
moths. 



of 



For the salary of the state forester, five thousand dollars. 

For cderical assistance and incidental and contingent ex- 
penses, a sum not exceeding ten thousand dollars. 

For the jourchase of land for reforestation, ten thousand 
dollars. 

For the suppression of the gypsy and brown tail moths, 
and for expenses incidental thereto, a sum not exceeding 
one hundred and fifty thousand dollars. 

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

Appro red January 27, 1910. 



Chap. 



Appropria 
tions. 



Annuities. 



19 An Act making appropriations for the payment of 
annuities and pensions to soldiers and others. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the common- 
wealth 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 November, nineteen hundred and ten, to 
w'it : — 

For annuities, the sum of fifty-seven hundred and fifty- 
two dollars. 

For pensions, the sum of two hundred and eighty dollars. 

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

Approrcd January 27 , 1010. 



Chap. 20 An Act ^vfaking apj'kopriations for expenses in con- 
nection WITir THE SUPERVISION OF TELEPHONE AND 
TELEGRAPH COMPANIES. 

Be it enacted, etc., as follows: 

Skction 1. The sums hereinafter mentioned arc a})pro- 
])riated, to be paid out of the Telephone and Telegraph 
Commissioners' Fund, for the expense of supervision of 
telephone and telegraph conipani(^s l)y the Massachusetts 
liighway commission, during the fiscal year ending on the 
thii-tieth day of Xoyem]>er, nineteen hundred and ten, to 
wit: — 

For the salaries of the commissioners, the sum of forty- 
ii\e hundred dollars. 



Appropria- 
tions, super- 
vision of tele- 
phone and 
telegraph 
companies. 



HiKliway com- 
missioners. 



Acts, 1910. — Ciiai>. 21. 15 

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

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

Approved January 21 , 1910. 



An Act making APPRorKiATioNs for salaries and ex- rii^^j^ oi 

PENSES IN THE DEPARTMENT OF THE SECRETARY OF THE ^ ' 

COMMONWEALTH, 

Be it enacted, etc., as folloirs: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the department of 
the secretary of the commonwealth, for the fiscal year end- 
ing on the thirtieth day of November, nineteen hundred 
and ten, to wit : — 

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

For the salaries of the two deputies, five thousand dol- Deputies, 
lars. 

For the salary of the })resent corporation clerk, two Corporation 
thousand dollars. '^^^ ' 

For the salary of the chief of the archives division, two chief of 
thousand dollars. division'. 

For the salary of the present engrossing clerk, sixteen Engrossing 
hundred dollars. '"*='■''• 

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

For messengers and additional clerical assistance, a sum clerical as- 
iiot exceeding twenty-six thousand five hundred dollars. si^t-mce, etc. 

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

For the arrangement and preservation of state records Pre.servation 
and papers, a sum not exceeding three thousand dollars, " ^^^"^ ^' ^^'^' 

For postage and expressage on documents, and for print- Postage, etc. 
ing and mailing copies of bills and resolves to certain state, 
city and town officials, a sum not exceeding fifty-five hun- 
dred dollars. 

For furnishing cities and towns with ballot boxes, and J^""' , 

. o _ •> bo.xes, etc. 

for repairs to the same, a sum not exceeding one thousand 
dollars. 



16 



Acts, 1910. — Chap. 22. 



Regimental 
histories. 



Preservation 
of town 
records. 



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 the preservation of town records of births, mar- 
riages 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 27, 1910. 



Appropria- 
tions. 



Chap. 22 An Act making ArpROPKiATioNS for salaries and ex- 
penses IN THE DEPARTMENT OF THE TAX COMMISSIONER 
AND COMMISSIONER OF CORPORATIONS. 

Be it enacted, etc., as folJoirs: 

Skction 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 department of 
the tax commissioner and commissioner of corporations, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and ten, to wit : — 

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

For the salary of the deputy commissioner, three thou- 
sand dollars. 

For the salaries of the three assistants, seven thousand 
dollars. 

For the salary f)f the first clerk, twenty-two hundred 
dollars. 

For the salary of the second clerk, fifteen hundred dol- 
lars. 

For the salaries of the supervisors of assessors, six thou- 
sand dollars. 



Ta.x com- 
missioner, etc. 

Deputy. 



Assistants. 



First clerk. 



Second 
clerk. 



Supervisors 
of assessors. 

Clerical 
assistance. 



Incidental 
expenses. 

Travelling 
p.xpenses 
of the com- 
missioner. 
Travelling 
expenses of 
supervisors. 



For additional clerical assistance, a sum not exceeding 
thirty-six thousand dollars. 

For incidental and contingent e\|)enses, a sum not ex- 
ceeding eighty-five hundred dollars. 

For travelling expenses of the cominissioner and his 
deputy, a sum not exceeding five hundred dollars. 

For travelling and other expenses of the supervisors of 
assessors, a sum not exceeding twenty-seven hundred dol- 
lars. 



Acts, 1910. — Chaps. 23, 24. 17 

For valuation books for assessors of cities ami towns, a Valuation 
sum not exceeding two thousand dollars. 

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

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

Approved January 27 , 1010. 

An Act making appropriations for salaries and ex- /^7,^^ oq 

PENSES IN the department OF THE INSURANCE COM- ^ ' 

MISSIONER. 

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 insurance de- 
partment, for the fiscal year ending on the thirtieth day of 
JSToveinber, nineteen hundred and ten, to wit : — 

For the salary of the commissioner, five thousand dollars, insurance 

For the salary of the deputy commissioner, 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 cierk. 

For the salary of the second clerk, fifteen hundred dol- Second cierk. 
lars. 

For the salary of the third clerk, twelve hundred dollars. Third cierk. 

For additional clerks and assistants, a sum not exceed- Additional 
ing thirty-seven thousand five hundred dollars. 

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

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

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

Approved January 27, 1910. 

An Act making appropriations for salaries and ex- ChaV' 24 

PENSES IN THE DEPARTMENT OF THE ATTORNEY-GEN- 
ERAL. 

Be it enacted, etc., as folloivs: 

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



commissioner. 
Deputy. 



18 



Acts, 1910. 



Chaps. 25, 26. 



Attorney 
general. 



Assistants, 
etc. 



wealth from the ordinary revenue, for the attorney-general, 
for the fiscal year ending on the thirtieth day of Novem- 
ber, nineteen hundred and ten, to wit ; — 

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, and also for any other necessary expenses, a sum not 
exceeding forty-five thousand dollars. 

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

Approved January 21 , 1910. 



ChciP' 25 Ax Act making appropriations for the board of 

REGISTRATION IN MEDICINE. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the 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 November, nine- 
teen hundred and ten, to wit : — 

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

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

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

For printing, postage, office supplies and contingent ex- 
penses of the members of the board, to include the printing 
of the annual report, a sum not exceeding nine hundred 
and fifty dollars. 

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

Approved January 27 , 1910. 



Appropria- 
tions, board 
of registration 
in medicine. 



Salaries 
of members. 

Expenses. 
Clerk. 

Printing, etc. 



Chap. 2G An Act making appropriations for salaries and ex- 
penses IX THE department of the treasurer and 
receiver oexeral. 

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- 



Apjjropria- 
tions. 



Acts, 1910. — Chap. 26. 19 

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 November, nineteen hundred 
and ten, to wit : — 

For the salary of the treasurer and receiver general, five Treasurer 

,1 1111 and receiver 

tnonsand dollars. general. 

For the salary of the first clerk, twenty-six hundred dol- First cierk. 
lars. 

For the salary of the second clerk, twenty-one hundred ''^<'<'»"<i 

•^ 7 *> clerk. 

dollars. 

For the salary of the third clerk, eighteen hnndred dol- Third derk. 
lars. 

For the salary of the receiving teller, eighteen hundred ^ner''''"^ 
dollars. 

For the salary of the paying teller, eighteen hundred fj^i'^^^ 
dollars. 

For the salary of the assistant paving teller, one thon- Assistant 
sand dollars. " feiS^ 

For the salary of the cashier, twenty-two hundred dol- Cashier. 
lars. 

For the salary of the assistant bookkeej^er, fifteen hun- Assistant 

dred dollars. bookkeeper. 

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

For the salary of an additional clerk and baidc messen- cierk and 

ger, fifteen hnndred dollars. messenger. 

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

For the salary of the stenographer, nine hundred dol- stenog 

1 o i / rapher. 

lars. 

For the salary of the messenger, nine hundred dollars. Messenger. 

For such additional clerical assistance as may be neces- Clerical 

sary for the despatch of public business, a sum not exceed- ''^^"'*''"^^- 
ing thirty-five hundred dollars. 

For incidental and contingent expenses, a sum not ex- incidental 

ceeding five thousand dollars': "'p'"'"'- 

For such expenses as the treasurer and receiver ceneral Additional 

£ 1 . . 1 . . ^ ^ , e.xpenses. 

may tind necessary m 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 efiect upon its passage. 

Approved January SI, 1910. 



20 



Acts, 1910. — Chaps. 27, 28, 29. 



Appropria 
tions. 



Commissioner 
of weights 
and measures. 

Inspectors. 



Clerical 
services, etc. 



Chap. 27 An Act making appropriations for salaries and ex- 
penses IN THE DEPARTMENT OF THE COMMISSIONER OF 
WEIGHTS AND MEASURES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for salaries and ex- 
})enses in the department of the commissioner of weights 
and measures, for the fiscal year ending on the thirtieth 
day of November, nineteen hundred and ten, to wit : — 

For the salary of the commissioner, two thousand dol- 
lars. 

For the salaries of inspectors, forty-eight hundred dol- 
lars. 

For clerical services, travel and contingent office ex- 
])enses, a sum not exceeding sixty-nine hundred and eighty 
dollars. 

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

Approved January 31, 1910. 

Chap. 28 An Act making an appropriation for the improve- 
ment OF A CERTAIN CHANNEL, IN PLYMOUTH HARBOR. 

Be it enacted, etc., as folloics: 

Section 1. The sum of twenty-five thousand dollars is 
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 January 31 , 1910. 

Cliap. 29 An Act making appropriations for the board of reg- 
istration in dentistry. 

Be it enacted, etc., as foUoirs: 

tl.^'ns'^Toard of Skction 1. Tlic suius hereinafter mentioned are appro- 
registrafion priatcd, to bc paid out of the treasury of the common- 

in dentistry. x / j. •/ 



Improvement 
of channel in 
Plymouth 
harbor. 



Clerical 
services, etc. 



Acts, 1910. — Chap. 30. 21 

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 November, nine- 
teen hundred and ten, to wit : — 

For the salaries of the members, seventeen hundred dol- members."' 
lars. 

For clerical services, postage, printing, travelling and 
other necessary expenses, to include the printing of the 
annual report, a sum not exceeding twenty-two hundred 
dollars. 

Sp:ction 2. This act shall take effect upon its passage. 

Approved January 31, 1910. 

An Act making appropriations for payment of state (jj.n^j qq 

AND military AID AND EXPENSES IN CONNECTION 

therewith. 
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 connnon- *'°"^- 
wealth from the ordinary revenue, for the purposes speci- 
fied, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and ten, to wit : — 

For reimbursing cities and towns for money paid on ac- state and 
count of state and military aid to Massachusetts volunteers ™'''t'*'"y '*"^- 
and their families, a sum not exceeding eight hundred and 
sixty-six thousand dollars, the same to be paid on or before 
the fifteenth day of November in the year nineteen hun- 
dred and ten. 

For the salary of the commissioner of state aid and pen- saiarv of 
sions, twenty-five hundred dollars. commissioner. 

For the salary of the deputy commissioner, two thou- Deputy, 
sand dollars. 

For the salaries of agents, forty-five hundred dollars. Agents. 

For the salary of the bookkeeper, thirteen hundred dol- Bookkeeper, 
lars. 

For the salaries of clerks, a sum not exceeding fifty-four cierks. 
hundred dollars. 

For incidental and contingent expenses, including neces- Expenses, 
sary travel, a sum not exceeding two thousand iind twenty 
dollars. 

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

Approved January 31, 1910. 



Acts, 1910. — Chaps. 31, 32, 33. 



Chap. 31 An Act makixg appeoprtations for the Massachu- 
setts CO^fMISSlON FOR THE BLIND. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the coninion- 
wealth from the ordinary revenue, for salaries and ex- 
penses of the Massachusetts commission for the blind, for 
the fiscal year ending on the thirtieth day of November, 
nineteen hundred and ten, to wit : — 

For the maintenance of industries under the control of 
the commission, a sum not exceeding fifteen thousand dol- 
lars. 

For general administration, furnishing information, for 
industrial and educational aid, and for other expenses in 
carrying out the provisions of the act establishing the com- 
mission, a sum not exceeding twenty-five thousand dollars. 

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

Approved January 31, 191.0. 



Appropria- 
tions, com- 
mission for 
the blind. 



Maintenance 
of industries. 



Expenses. 



Chcip. 32 An Act relative to certain authorized additions to 

THE METROPOLITAN WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1, Section two of chapter three hundred and 
twenty of the acts of the year nineteen hundred and nine, 
being " An Act to authorize the metropolitan water and 
sewerage board to make certain improvements in the met- 
ropolitan water system ", is hereby amended by striking 
out the words and figures ^' Act of 11)09 ", in the thirteenth 
line. 

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

Appi'oved January 31, 1910. 



Additions to 
the metro- 
politan water 
loan. 



Chap. 33 An Act making appropriations for the compensation 

AND EXPENSES OF THE CIVIL SERVICE COMMISSIONERS. 

Be it enacted, etc., as follows: 
Appropria- Section 1. Tlio suuis hereinafter mentioned are appro- 

tions. _ . , '^ ' 

priated, to be paid out of the treasury ol the connnon- 
wealth from the ordinary revenue, for the civil service com- 



Acts, 1910. — Chaps. 34, 35. 23 

missioners, iov the fiscal year eiulini!,' on the thirtieth day 
of Noveiuher, nineteen hundred and ten, to wit: — 

For the sahiries of the commissioners, thirty-nine hnn- civii 

. -, service com- 

dred dollars. missioners. 

For the salary of the chief examiner, three thousand dol- Examiner. 
lars. 

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

For the salary of the registrar of labor, two thousand J^/habor'!'^ 
dollars. 

For clerical assistance, and for office, printing, travelling Clerical as- 

■,..-, I 1 ,•• 1J.J.* sistance, etc. 

and incidental expenses, advertising and stationery, a sum 
not exceeding thirty-two thousand two hundred dollars. 

For printing and binding ten thousand copies of the Annual 
annual report, a sum not exceeding twelve hundred dollars. ^^^^^ ' 

Section 2. This act shall take effect upon its passage. 
Approved February 1, 1910. 



An Act making an appkopriation for expenses in con- Chap. 34 

NECTION WITH THE ESTABLISHMENT OF LIFE INSURANCE 
DEPARTMENTS BY SAVINGS BANKS. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding fifteen thousand dol- ^/fffe'lnsui-"* 
lars is hereby appropriated, to be paid out of the treasury ^"^^^jf^P,'*'"^' 
of the commonwealth from the ordinary revenue, for the savings banks. 
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 J^ovember, nine- 
teen hundred and ten, as authorized by chapter five hun- 
dred and sixty-one of the acts of the 3^ear nineteen hundred 
and seven. 

Section 2. This act shall take effect upon its passage. 
Approved February 1, 1910. 

An Act making appropriations for salaries and ex- (JJkx'o. 35 
penses in the bureau of statistics. 

Be it enacted, etc., as folloios: 

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 salaries and expenses in 
the bureau of statistics, for the fiscal year ending on the 



24 



Acts, 1910. — Chap. 36. 



Director of 
statistics. 
Chief clerk. 

Clerical 
assistance. 

Expenses. 



Special 
census in 
certain 
towns. 

Free employ- 
ment offices. 



tliirtioth (lay of November, nineteen hnndred and ten, to 
wit : — 

For the salary of the director, three thousand dollars. 

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

For additional clerical assistance, a sum not exceeding 
thirty-eight thousand three hundred dollars. 

For contingent and office expenses, including the print- 
ing and binding of the annual reports, and travelling and 
other expenses in connection with the annual collection of 
statistics and manufactures, also expenses in connection 
with municipal returns, a sum not exceeding fifteen thou- 
sand three hundred and seventy dollars. 

For taking a special census in towns having an increased 
resident population during the summer months, a sum not 
exceeding one thousand dollars. 

For the establishment and maintenance of free employ- 
ment offices in this commonwealth, a sum not exceeding 
twenty-one thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 1, 1910. 



Chap. 36 An Act making appropriations for the salaries and 
expenses of the state board of conciliation and 
arbitration. 

Be it enacted^ etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- 
])riated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the salaries and expenses 
of the state board of conciliation and arbitration, for the 
fiscal year ending on the thirtieth day of November, nine- 
teen hundred and ten, to wit : — 

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

For the salary of the secretary, fifteen hundred dollars. 

For travelling, incidental and contingent expenses, in- 
cluding the printing and binding of the annual report, and 
the compensation of exix'rt assistants, a sum not exceeding 
twelve thousand dollars. 

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

Approved Fehruary 1, 1910. 



Appropria- 
tions, board 
of conciliation 
and arbi- 
tration. 



Salaries of 
members. 



Secretary. 
Expenses. 



Acts, 1910. — Chaps. 37, 38. 25 



An Act making appropriations for salaries and ex- (JJiap, 37 
pp:nses in the department of tiik bank commis- 
sioner. 

Be it enacted, etc., as foJloirs: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth *'°"*' 
from the ordinary revenue, for the department of the bank 
commissioner, for the fiscal year ending on the thirtieth 
day of November, nineteen hundred and ten, to wit : — 

For the salary of the commissioner, the sum of five thou- Bank com- 

n in missioner. 

sand dollars. 

For the salary of the deputy, the sum of three thousand ^^'^"^y- 
dollars. 

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

For printing, stationery, office supplies, travelling and Expenses. 
other expenses, a sum not exceeding eighty-eight hundred 
dollars. 

For printing and binding the annual reports, a sum not Annual 

.'^ " '^ '■ ' reports. 

exceeding five thousand dollars. 

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

Approved Fchruary 1, 1910. 

An Act making appropriations for salaries and ex- fjjfdjj 3g 
penses in the department of the state board of 
agriculture, and for sundry agricultural ex- 
penses. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth agWcuiufre'! "* 
from the ordinary revenue, for the state l)oard of agricul- 
ture, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and ten, to wit : — 

For the salary of the secretary, twenty-five hundred dol- Secretary. 
lars. 

For the salary of the first clerk, eighteen hundred dollars. First clerk. 

For the salary of the second clerk, fourteen hundred dol- Second clerk. 
lars. 

For travelling and other necessary expenses of the secre- Travelling 
tary, a sum not exceeding five hundred dollars. secretary."^ 



26 



Acts, 1910. — Chap. 38. 



Clerical as- 
sistance, etc. 



Annual 
report. 

Expenses. 



Travel of 
members. 



Farmers' 
institutes. 



Bounties. 



Breeding 
of poultry. 



For additional clerical assistance, and for lectures before 
the board at its annual and other meetings, a sum not ex- 
ceeding eight hundred dollars. 

For printing and binding the annual report, a sum not 
exceeding six thousand dollars. 

For incidental and contingent expenses, including the 
printing and furnishing of extracts from trespass laws, a 
sum not exceeding eleven hundred dollars. 

For travelling and other'necessary expenses of- the mem- 
bers, a sum not exceeding thirteen hundred dollars. 

For disseminating useful information in agriculture by 
means of lectures at farmers' institutes, a sum not exceed- 
ing four thousand dollars. 

For bounties to agricultural societies, a sum not exceed- 
ing eighteen thousand dollars. 

For bounty to encourage and improve the breeding of 
poultry, the sum of one thousand dollars. 



Executive 
officer of 
dairy bureau. 

General 
agent. 

Assistants, 
etc. 



DAIRY BUREAU. 

For the salary of the executive officer, five hundred dol- 
lars. 

For the salary of the general agent, eighteen hundred 
dollars. 

For assistants, experts, chemists, agents and other neces- 
sary expenses, including the printing of the annual report, 
a sum not exceeding eight thousand dollars. 



Expenses 
of nursery 
inspectors. 

Ornithologist. 



Expenses of 
oniithfilogist. 



MISCELLANEOUS. 

For compensation and expenses of state nursery inspec- 
tors, a sum not exceeding two thousand dollars. 

For the salary of the state ornithologist, five hundred 
dollars. 

For travel and other necessary expenses of the state orni- 
thologist, a sum not exceeding five hundred dollars. 



Chief of 
cattle bureau. 
Clerk. 
Expenses. 



CATTLE BUREAU. 

For the salary of the chief, eighteen hundred dollars. 

For the salary of the clerk, twelve hundred dollars. 

For travelling and other expenses, including extra clerks 
and stenographers, stationery, and the printing and bind- 
ing of the annual report, a sum not exceeding four thou- 
sand dollars. 



Acts, 1910. — Chap. 39. 27 



For comijciisatioii of iiisiicetors of animals, a sum not insppotors 

;,,*,, of animals. 

exceeding sixty-nve hundrccl dollars. 

Section 2. This act shall take efl'eet upon its passage. 

Approved February 1, 1910. 

An Act making APruopRiATioNS for salaries and ex- qt^qj. qq 

PENSES in the DEPARTMENT OF THE SERGEANT-AT- 
ARMS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenne, for the salaries and expenses 
in the department of the sergeant-at-arms, for the fiscal 
year ending on the thirtieth day of I^ovember, nineteen 
hundred and ten, to wit : — 

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

For the salary of the first clerk, twenty-two hundred dol- ^''^t cierk. 
lars. 

For the salary of the cashier, a sum not exceeding one Cashier. 
thousand dollars. 

For the salaries of additional clerks, the sum of twenty- cierks. 
eight hundred dollars. 

For incidental and contingent expenses, and expense of Expenses. 
mailing legislative bulletins, a sum not exceeding four hun- 
dred and fifty dollars. 

For the salaries of the chief engineer and other em- chief en- 
ployees in the engineer's department, a sum not exceeding 
twenty-nine thousand eight hundred and forty dollars. 

For the salaries of the watchmen and assistant watch- Watehmen, 
men, a sum not exceeding fourteen thousand six hundred 
dollars. 

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

For the salaries of the messengers, porters and office boy. Messengers, 
a sum not exceeding eighty-two hundred and sixty dollars. 

For rent of telephones and expenses in connection there- Telephones. 
with, a sum not exceeding eight thousand dollars. 

For heat, light and power, including coal, water and gas. Heat, light, 
and the removal of ashes, a sum not exceeding thirty-five 
thousand dollars. 



28 Acts, 1910. — Chaps. 40, 41. 

Care of YoY the care of the state house and cToimds, including 

stcit^ house 

etc. ' 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. 

New furni- Yov ucw f umiturc and fixtures, a sum not exceeding six 

ture, etc. , i i n 

thousand dollars. 
Matron. Yov the Salary of the matron, a sum not exceeding eight 

hundred dollars. 
Carpenter. YoY the Salary of the carpenter, the sum of fourteen hun- 

dred dollars. 

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

Approved February 1, 1910. 

Chap. 40 An Act making an appropriation for the mainte- 
nance OF THE penikese hospital. 

Be it enacted, etc., as follows: 

Maintenance Section 1. A suiu uot exceeding tcii thousaud five hun- 

Penikese drcd dollars is hereby appropriated, to be paid out of the 

hospita. treasury of the commonwealth from the ordinary revenue, 

for the maintenance of the Penikese hospital, for the fiscal 

year ending on the thirtieth day of November, nineteen 

hundred and ten. 

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

Approved February 1, 1910. 

Chap. 41 Ax Act making appropriations for the maintenance 

OF THE TAUNTON STATE HOSPITAL. 

Be it enacted, etc., as follows: 
Taunton Section 1. The sums hereinafter mentioned are appro- 

StfttG 

hospital. priated for the maintenance of the Taunton state hospital 

for the fiscal year ending on the thirtieth day of November, 
niiK^een lunidred and ten, to wit : — 

From the receipts of said hospital now in the treasury 
of the conmionwealth, the sum of thirty-six thousand two 
hundred one doHars and eight cents ; and from the treasury 
of the commonwealth from the ordinary revenue, a sum 
not exceeding one hundred ninety-nine thousand seven 
hundred ninety-eight dollars and ninety-two cents. 

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

Approved February 1, 1910. 



tions. 



Acts, 1910. — Chaps. 42, 43. 29 



An Act makincj AiTKoruiATioNs for salaries and ex- (JJidjy^ 42 

PENSES IN THE DEPARTMENT OF THE STATE BOARD OF 
INSANITY. 

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 comuionwealth 
from the ordinary revenue, for the state board of insanity, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and ten, to wit : — 

For travelling, office and contingent expenses, including state board 
the printing and binding of the annual report, a sum not expenses!^' 
exceeding eight thousand dollars. 

For salaries of officers and employees, a sum not exceed- officers and 
ing thirty-six thousand nine hundred dollars. 

For transportation and medical examination of state Transporta- 
paupers under the charge of the board, for the present year state paiipers. 
and for previous years, a sum not exceeding eleven thou- 
sand five hundred dollars. 

For the support of insane paupers boarded out in fam- Support of 
ilies, under the charge of the board, or temporarily absent san^paupers. 
under authority of the same, for the present year and for 
previous years, a sum not exceeding thirty-five thousand 
dollars. 

For the support of state paupers in the Hospital Cottages Hospital 
for Children, a sum not exceeding eleven thousand five chndfen. '^^ 
hundred dollars. 

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

Approved February 1, 1910. 



An Act making appropriations for the maintenance QJiajy 43 

OF THE BOSTON STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Boston state 
priated for the maintenance of the Boston state hospital for '^'''^p"'*'- 
the fiscal year ending on the thirtieth day of November, 
nineteen hundred and ten, to wit : — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of twenty-two thousand 
eight hundred twelve dollars and ninety-five cents ; and 
from the treasury of the commonwealth from the ordinary 



30 



Acts, 1910. — Chaps. 41, 45, 46. 



revenue, a sum not exceeding one hiuulred ninety thousand 
seven hundred thirty-seven dollars and five cents. 

Sectio:n 2. This act shall take effect upon its passage. 

Approved February 1, 1910. 

Ckcvp. 41 An Act relative to primaries and elections. 

Be it enacted, etc., as follows: 

Section four of chapter five hundred and sixty of the 
acts of the year nineteen hundred and seven is hereby 
amended by adding at the end thereof the following : — 
Whenever the day of the week designated for a primary or 
election falls upon a holiday, said primary or election shall 
be held on the day succeeding said holiday. 

Approved February 1, 1910. 



Primaries 
and elections, 



Chaj). 45 An Act to authorize the American peace society to 

HOLD ITS MEETINGS OUTSIDE THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. The American Peace Society is hereby au- 
thorized to hold its meetings in any state or territory of 
the United States, in the District of Columbia, or else- 
where. 

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

Approved February 1, 1910. 



American 
Peace Society, 
meetings, etc. 



Northampton 
state hospital. 



Chap. 46 An Act makinct appropriations for the maintenance 

OF THE NORTHAMPTON STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated for the maintenance of the Northampton state hos- 
pital during the fiscal year ending on the thirtieth day of 
November, nineteen hundretl and ten, to wit: — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of forty-six thousand eight 
hundred sixty-eight dollars and two cents; and from the 
treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding one hundred forty-six thousand one 
hundred thirty-one dollars and ninety-eight cents. 

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

Approved February 1, 1910. 



Acts, 1910. — Ciiai>s. 47, 48, 49. 31 



An Act making appropriations for the maintenance QJiap. 47 

OF THE reformatory PRISOX FOR WOMEN. 

Be it enacted^ etc., as follows: 

Section 1. A sum not exceeding sixty-two thousand ^P^^^gform- 
dollars is hereby appropriated, to be paid out of the treas- atory prison 

"^ii^iT J, for women. 

ury 01 the commonwealth irom the ordinary revenue, lor 
the maintenance of the reformatory prison for women, for 
the fiscal year ending on the thirtieth day of Xovember, 
nineteen hundred and ten. 

For the town of Framingham, toward the annual ex- Town of 
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 eifect upon its passage. 

Approved February J^., 1910. 



An Act making an appropriation for maintaining QJku) 48 
the prison camp and hospital. 

Be it enacted,, etc., as follows: 

Section 1. A sum not exceeding forty-three thousand Appropria- 

t5 _ t' _ tion, prison 

five hundred dollars is hereby aj^propriated, to be paid out 5;^™J^,^"^ 
of the treasury of the commonwealth from the ordinary 
revenue, for salaries and expenses at the prison camp and 
hospital, for the fiscal year ending on the thirtieth day of 
Xovember, nineteen hundred and ten. 

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

Approved Fehruary Jf, 1910. 



hospital. 



Chap. 49 



An Act making an appropriation for the mainte 

NANCE of the STATE PRISON. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one hundred and Appropri 
sixty-eight thousand dollars is hereby appropriated, to be prison, 
paid out of the treasury of the commonwealth from the 
ordinary revenue, for the maintenance of the state prison, 
for the fiscal year ending on the thirtieth day of Xovem- 
ber, nineteen hundred and ten. 

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

Approved Fehruary Jf, 1910. 



32 



Acts, 1910. — Chaps. 50, 51, 52. 



ChajJ. 50 



1871, 73, §1, 
amended. 



Boston Art 
Club, in- 
corporated. 



An Act relative to the boston art club. 
Be it enacted, etc., as follows: 

Section 1. Section one of chapter seventy-three of the 
acts of the year eighteen hundred and seventy-one is hereby 
amended ))y inserting after the word '' library ", in the 
sixth line, the words : — and by other kindred means ; to 
promote social intercourse among, and to afford the con- 
veniences of a club house to, its members, — so as to read 
as follows: — Section 1. Charles C. Perkins, Horace H. 
Moses, George D. Russell, their associates and successors, 
are hereby made a corporation by the name of the Boston 
Art Club, to be located in the city of Boston, for the pur- 
pose of advancing the fine arts by the establishment of an 
art gallery and library, and by other kindred means; to 
promote social intercourse among, and to afford the con- 
veniences of a club house to, its members ; with all the 
powers and privileges, and subject to all the duties, restric- 
tions and liabilities set forth in all general laws which now 
are or hereafter may be in force applicable to such corpo- 
rations. 

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

Approved February J^, 1910. 

Chap, 51 An Act to authorize the boston provident associa- 
tion TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The Boston Provident Association, incor- 
porated by chapter three hundred and sixty-two of the 
acts of the year eighteen hundred and fifty-four, is hereby 
authorized to hold real and ])ersoiud estate to an amount 
not exceeding one million dollars. 

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

Approved Fehruary It, 1010. 

Chap. 52 An Act to incorporate the trustees of the salem 

EAST INDIA marine SOCIETY. 

Be it enacted, etc., as follows: 
Salem East Skction 1. Charlcs H. Alien, Leonard A. Bachelder, 

India Marine ',.„,_,,' 

Society, m- ('hjirlcs TJcadlc, William Beadle, J. Clifford Entwisle, Al- 
bert P. Goodhue, James F. Johnson, George F. Putnam, 



Boston 

Provident 

Association 

may hold 

ad(litional 

estate. 



Acts, 1910. — Chap. 52. 33 

John Robinson, Nathaniel D. Silsbce, Edward B. Trum- 
bull and Walter H. Trumbull, their associates and suc- 
cessors, are hereby constituted a body corporate by the 
name of the Trustees of the Salem East India ]\Iarine So- 
ciety, for the purpose of carrying out the benevolent pur- 
poses of the Salem East India JMarine Society and for the 
promotion of science and useful knowledge, and shall be 
and remain a body corporate by that name forever, with all 
the rights and powers and subject to all the duties and lia- 
bilities set forth in all general laws now or hereafter in 
force applicable to such corporations. 

Section 2. The said trustees may make all by-laws, not Trustees may 

'J /■ 1 make by-laws, 

inconsistent with this act or with the laws of the common- etc 
wealth, that may be necessary or expedient for the purposes 
of the corporation. 

Section 3. Said corporation may take and hold in fee May hold 
simple, or any less estate, by gift, grant, bequest, devise, in 
trust or otherwise, any lands, tenements or other estate, 
real, personal or mixed, to any amount. 

Section 4. The property, real and personal, of which ^o"^""**'"^' 
said corporation shall be seized and possessed shall be ad- property, 
ministered, appropriated and expended for such purposes 
as are provided for by the by-laws of the Salem East India 
Marine Society at the time when this act takes effect. At 
such time as said property, real and personal, or any part 
thereof, in the judgment of the said trustees is not neces- 
sary for said purposes, then said property, real and per- 
sonal, or such part thereof as is not necessary for the pur- 
poses aforesaid, may be used for such purposes as the said 
trustees may determine. 

Section 5. All property whether real or personal and ^!'°^rm^'r'^*^'*^ 
whether held absolutely or in trust, and all the franchises, corporation to 

be liGld bv 

powers and privileges now belonging to the Salem East the new 
India Marine Society, a corporation incorporated by chap- '^"'"P"'"^ '°°' 
ter sixty of the acts of the year eighteen hundred, shall be 
vested in and exercised by the Trustees of the Salem East 
India Marine Society ; and all records and other books and 
papers of the former corporation shall be the property of 
the latter corporation, and the latter corporation shall as- 
sume and be subject to all the debts, liabilities and laws 
and regulations of the former corporation. 

Section 6. Chapter sixty of the acts of the year eight- Repeal. 
een hundred, entitled " An Act to incorporate Benjamin 



31 



Acts, 1910. — Chaps. 53, 51. 



Hodges and others into a society by the name of the Salem 
East India Marine Society ", is hereby repealed. 

Section 7. This act shall take effect upon its passage. 

Approved February Jf, 1910. 



Acts of Cal- 
vin W. Pool, 
town clerk of 
Rockport, 
confirmed. 



Chap. 53 An Act to confirm the acts of calvin w. pool as 

TOWN CLERK OF THE TOWN OF ROCKPORT, AND TO AU- 
THORIZE THE COMPLETION OF THE RECORDS OF SAID 
TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town clerk of the town of Rockport is 
hereby authorized to transcribe in the proper volumes or 
places therefor, and to sign as town clerk, all writings 
whatsoever required by law to be so recorded and signed 
by the town clerk, and not heretofore so recorded and 
signed ; and to correct any errors in said records already 
recorded and signed. The records aforesaid shall be com- 
pleted prior to March first, nineteen hundred and eleven, 
shall bear date of the actual transcription or correction 
thereof, and shall be deemed to be records of said town to 
all. intents and purposes. 

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

Approved February 9, 1910. 



Gliwp. 54 An Act to authorize the hingham water company to 

INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter one hundred and 
thirty-nine of the acts of the year eighteen hundred and 
seventy-nine is hereby amended by striking out the words 
" one hundred and fifty ", in the second line, and inserting 
in place thereof the words : — " three hundred ", — so as 
to read as follows : — Section 8. The capital stock of said 
corporation shall not exceed three hundred thousand dol- 
lars, and shall be divided into shares of one hundred dol- 
lars each ; and said corporation may at any time issue bonds 
to an amount equal to the capital stock actually paid in. 

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

Approved February 9, 1910. 



1879, 139, 
§ 8, amended. 



Amount of 

capital 

stock. 



Acts, 1910. — Chap. 55. 35 



An Act to pkoiiibit the publication of unsigned (JJiQ^p 55 

POLITICAL ADVERTISEMENTS, CIRCULARS OR POSTERS IN 
CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter five hundred and ^^^n'dld^' ^ ^' 
eighty-one of the acts of the year nineteen hundred and 
seven is hereby amended by inserting after the word 
" office ", in the fifth line, the words : — or a constitu- 
tional amendment or any other question submitted to the 
voters, — so as to read as follows : — Section 1. Xo person Prohibiting 
shall publish or cause to be published in a newspaper or o"unsfgned 
other periodical, either in its advertising or reading col- ^'ertlsemenls, 
umns, any paid matter which is designed or tends to aid, «*<=. 
injure, or defeat any candidate for public office, or a con- 
stitutional amendment or any other question submitted to 
the voters, unless the name of the chairman or secretary 
or the names of two officers of the political or other organi- 
zation inserting the same, or the name of some voter who 
is responsible therefor, with his residence and the street 
and number thereof, if any, appear therein in the nature 
of a signature. Such matter inserted in reading columns 
shall be preceded or followed by the word " Advertise- 
ment " in a separate line, in type not smaller than that of 
the body type of the newspaper or other periodical. 

Section 2. Section two of said chapter five hundred g^^g^'^g^^' ^ ^• 
and eighty-one is hereby amended by inserting after the 
word '■'■ principle ", in the fourth line, the words : — or a 
constitutional amendment or any other question submitted 
to the voters, — so as to read as follows : — Section 2. Publisher, etc., 

' ... of newspaper, 

No person shall pay the owner, editor, publisher, or agent nottore- 
of a newspaper or other periodical to induce him editorially etc. 
to advocate or oppose any candidate for j^ublic office or 
political principle, or a constitutional amendment or any 
other question submitted to the voters ; and no such owner, 
editor, publisher, or agent shall accept such payment. This 
provision shall not apply to the outright purchase of such 
newspaper or periodical. 

Section 3. Section four hundred and thirty of chapter i907, seo, 
five hundred and sixty of the acts of the year nineteen amended, 
hundred and seven is hereby amended by inserting after 
the word "action", in the sixth line, the words: — or 



36 



Acts, 1910. — Chap. 56. 



Penalty for 

writing, 
printing, etc., 
anonymous 
circulars, etc. 



Avliieh is designed or tends to aid, injure, or defeat a con- 
stitutional amendment or any other question submitted to 
the voters, — so as to read as follows: — Section JjSO. 
Whoever intentionally writes, prints, posts or distributes, 
or causes to be written, printed, posted or distributed, a 
circular or poster which is designed or tends to injure or 
defeat any candidate for nomination or election to any 
public office, by criticising his personal character or politi- 
cal action, or which is designed or tends to aid, injure, or 
defeat a constitutional amendment or any other question 
submitted to the voters, unless there appears upon such 
circular or j30ster in a conspicuous place cither the names of 
the chairman and secretary, or of two officers of the politi- 
cal or other organization issuing the same, or of some voter 
who is responsible therefor, with his name and residence, 
and the street and nund:)er thereof, if any, shall be jiunished 
by imprisonment for not more than six months. 

Approved February 9, 1010. 



Chap. 56 An Act making appropriations for salaries and ex- 
penses IN THE OFFICE OF THE PRISON COMMISSIONERS, 
AND FOR SUNDRY REFORIMATORY EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the prison commissioners, 
for the fiscal year ending on the thirtieth day of jS^ovember, 
nineteen hundred and ten, to wit: — 

For the salary of the chairman, four thousand dollars. 

For the salary of the secretary, twenty-five hundred dol- 
lars. 

For clerical assistance, a sum not exceeding forty-eight 
hundred dollars. 

For the salaries of agents, fifty-two hundred dollars. 

For travelling expenses, a sum not exceeding three thou- 
sand dollars. 

For incidental "and contingent expenses, including the 
printing and binding of the annual report, a sum not ex- 
ceeding twenty-seven hundred dollars, 
to'^cem^n^ For assistance to prisoners discharged from the state 

prlsonefs.** prisou, Massachusetts reformatory, prison camp and hos- 



Appropria- 
tions. 



Chairman of 
prison com- 
missioners. 
Secretary. 

Clerical 
assistance. 

Agents. 

Travelling 
e.xpenses. 

Other 
expenses. 



Acts, 1910. — Chaps. 57, 58. 37 

pital, and to discharged female prisoners, a sum not ex- 
ceeding eleven thousand dollars. 

For the salary of the agent fur aiding discharged female Salary of 
prisoners, one thousand dollars. "^^'^ ' 

For expenses incurred in removing prisoners to and from Removing 
state and county prisons, a sum not exceeding twenty-one p"®""^*"^- 
hundred dollars. 

For expenses in connection with the identification of identification 

-, ,. . 1111 11 of cnuiinaJs. 

criminals, a sum not exceeding nineteen hundred dollars. 
Section 2. This act shall take effect upon its passage. 
Approved February 10, 1910. 

An Act making ax appropriation for the main- (JJjqjj 57 
tenance of the massachusetts reformatory. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding two hundred and ^?ormito?y"^ 
thirty-three thousand two hundred dollars is hereby appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the maintenance of the 
Massachusetts reformatory for the fiscal year ending on the 
thirtieth day of i^ovember, nineteen hundred and ten. 

Section 2. This act shall take effect upon its passage. 
Approved February 10, 1910. 



Chap. 58 



An Act making an appropriation for the publication 

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 ceVtauTs'Li"^ 



commonwealth from the ordinary revenue, for expenses in 
connection with the publication of a record of Massachu- 
setts troops and officers, sailors and marines, in the war 
of the rebellion, for the fiscal year ending on the thirtieth 
day of N^ovember, nineteen hundred and ten. 

Section 2. This act shall take effect upon its passage. 
Approved February 10, 1910. 



diers and 
sailors. 



38 



Acts, 1910. — Chap. 59. 



Chap. 59 An Act making appropriations for sundry miscella- 
neous EXPENSES AUTHORIZED BY LAW. 

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 JM^ovember, 
nineteen hundred and ten, to wit : — 

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

For travelling and other necessary expenses of the state 
board of publication, a sum not exceeding one hundred 
dollars. 

For payment of damages caused by wild deer for the 
present year and for previous years, a sum not exceeding 
ten thousand dollars. 

For expenses incurred in the construction and repair of 
roads in the town of Mashpee during the year nineteen 
hundred and ten, the sum of three hundred dollars. 

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

For small items of expenditure for which no aj^propria- 
tions have been made, and for cases in which appropria- 
tions have been exhausted or have reverted to the com- 
monwealth 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 for 
procuring sureties on their bonds, a sum not exceeding 
two thousand dollars. 

For preliminary plans, specifications, and the like, pro- 
vided for by the laws relative to the construction and im- 
provement of buildings at state and other institutions, a 
sum not exceeding two thousand dollars. 

Section 2. This act shall take efi^ect upon its passage. 
Approved February 10, 1910. 



Appropria- 
tions. 



Medical 

examiners' 

fees. 

Board of 
publication. 



Damages by 
wild deer. 



Repair, etc., 
of roads in 
Mashpee. 



Beach Point 
road in 
Truro. 



Small items 
of expendi- 
ture. 



Sureties on 
bonds. 



Plans, speci- 
fications, etc. 



Acts, 1010. — Chaps. 60, 61. 39 



An Act making appropriations for the maintenance fJJiQjy gQ 

OF THE DANVERS STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Danvers 
priated for the maintenance of the Danvers state hospital hospital, 
for the fiscal year ending on the thirtieth day of i^ovember, 
nineteen hundred and ten, to wit : — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of sixty-six thousand nine 
hundred sixty-two dollars and fifty-two cents ; and from 
the treasury of the commonwealth from the ordinary reve- 
nue, a sum not exceeding two hundred twenty-nine thou- 
sand five hundred thirty-seven dollars and forty-eight cents. 

Section 2. This act shall take efi^ect upon its passage. 
Approved February 10, 1910. 

An Act to incorporate the log plain cemetery asso- (JJ^qj) (j\ 

CIATION. 

Be it enacted, etc., as follows: 

Section 1. Lyman W. Griswold, Job G. Pickett, LogPiain 

(Jeuietcrv 

Ralph L. Atherton, Seorem B. Slate and Lyman G. Barton, Association 

■1 . . . 1 111 incorporated. 

their associates and successors, are hereby made a corpora- 
tion by the name of Log Plain Cemetery Association, for 
the purpose of acquiring, holding, maintaining, improv- 
ing and enlarging, for a place of burial of the dead, certain 
land in the town of Greenfield, containing about forty rods, 
set apart for burial purposes by deed from Asa Chamber- 
lain to Theophilus Griswold and others, in the year eighteen 
hundred and three. 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 ^g^esshTn'^^ 
to acquire possession and control of said cemeterv, and and control 

ij. . . , .,',. of a certain 

may purchase from time to time and may acquire by gift, cemetery, etc. 

bequest, devise or otherwise, and may hold, so much real 

and personal property as may be necessary or appropriate 

for the purposes of said corporation: provided, that notli- Proviso. 

ing herein contained shall affect the individual rights of 

proprietors in said cemetery. 



40 



Acts, 1910. — Chap. 62. 



Proceeds of 
sales of lots, 
etc. 



Grants, be- 
quests, etc. 



ofThe cor"?'^ Section 3. Only persons who now are or who here- 

poration. after becomc proprietors of lots in said cemetery, whether 

by deed or otherwise, and who shall sign the by-laws of 
said corporation, shall be members of the corporation ; and 
whenever any person shall cease to be the proprietor of a 
lot, or of an interest in a lot, 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 
lands of the corporation and all income received-from any 
other sonrce by the corporation, the nse of which is not 
determined by a trust, shall be applied exclusively to the 
care, maintenance, improvement or embellishment of its 
cemetery and the structures therein, or to the purchase 
of additional land for cemetery purposes, and to the pay- 
ment of current and incidental expenses of the cemetery, 
and to no other purpose. 

Section 5. Said corporation is authorized to take and 
hold any grant, gift or bequest of property in trust or other- 
wise, for the care, protection, embellishment, improvement 
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 structnre therein, or for planting a 
lot or its vicinity with trees or shrubs ; and when such a 
gift or bequest is made the said corporation may give to 
the person making the same or to his representative an 
obligation binding the corporation to fulfill the terms of 
the trust. 

Section G. Said corporation may by its by-laws 
])rovide for such officers as may be necessary, and may de- 
fine their powers and duties, and may also provide for 
the care and management of the cemetery and for the sale 
of lots therein, and for the management of any funds which 
it may hold, and for any other matters incident to the pur- 
poses of the corporation. 

Section 7. This act shall take effect upon its passage. 
Approved February 10, 1910. 

CJhaj). 62 A.\ Act kelative to the church home for orphan 

AND DESTITUTE CHILDREN. 

Be it enaded, etc., as foIJofrs: 

amended' ^ ^' Section 1. Sectiou oue of chapter seventy-eight of the 
acts of the year eighteen hnndred and sixty-seven is hereby 



Officers, 
power.s and 
duties. 



Acts, 1910. — Chaps. 63, 64. 41 

amended by striking out the words " one hundred thousand 
dollars, in addition to the amount now authorized ", in the 
fifth and sixth lines, and inserting in place thereof the 
words: — five hundred thousand dollars, — so as to read 
as follows : — Section 1. ^' The Church Home for Orphan Amount of 
and Destitute Children ", incorporated under chapter personal 
thirty-six of the acts of the year eighteen hundred and fifty- hewlVtc.'^^ 
eight, is hereby authorized to hold real and personal estate 
to the amount of five hundred thousand dollars, for the 
purposes set forth in their act of incorporation. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 10, 1910. 

An Act relative to the venue of certain actions for (JJkij) (53 

DAJiIAGES. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and forty-five of i^m, 514, 
chapter five hundred and fourteen of the acts of the year repeal of 
nineteen hundred and nine, being " An Act to codify the virion 0^° 
laws relating to labor ", in so far as it applies to chapter 
three hundred and twenty of the acts of the year nineteen 
hundred and four, which relates to the venue of certain 
actions to recover for injury or damage, is hereby repealed, 
and said chapter three hundred and twenty shall be and 
remain of the same force and effect which it had at the 
time of the passage of said chapter five hundred and four- 
teen. 

Section 2. Said section one hundred and forty-five of i^oo, 514, 
chapter five hundred and fourteen of the acts of the year amended, 
nineteen hundred and nine is hereby amended by inserting 
after the word " seventy-five ", in the fifteenth line, the 
words : — three hundred and twenty. 

Section 3. This act shall take effect upon its passage. 
Approved Fehruary 10, 1910. 

An Act to authorize the town of Arlington to ac- Chap. 64 
cept a certain gift and to appropriate money to be 
expended in the maintenance thereof. 

Be it enacted, etc., as follows: 

Section 1. The town of Arlington, at any town meet- The town of 
ing, legally called and held, may accept the gift, contained mly^a^Tpt 



42 



Acts, 1910. — Chap. 65. 



a certain lot 
of land, for 
athletic 
purposes. 



The school 
committee to 
have super- 
vision and 
control. 



The town 
may appro- 
priate money 
for main- 
taining said 
land. 



ill the deed dated December twenty-five, nineteen hnndred 
and nine, by Henry liornblower and Hattie F. Horn- 
blower to the town of Arlington of a lot of land situated 
on the northwesterly side of Spy pond in Arlington, and 
known as the Spy Pond Athletic Field, subject to the con- 
ditions therein set forth and according to which conditions 
said premises are to be kept and maintained by the town 
" in proper and suitable condition and repair as an athletic 
field for the children of citizens of Arlington in the schools 
of Arlington to be used in accordance with rules and regu- 
lations made by and under the direction and control of the 
school committee of Arlington or their successors." 

Section 2. The school committee of the town of Ar- 
lington or their successors shall have the supervision over 
and control of said land and may make rules and regula- 
tions for the use of said land as an athletic field for the 
children of citizens of Arlington in the schools of Arling- 
ton and the use of said land shall be governed thereby. 

Section 3. The town of Arlington may make appro- 
priations of money for the purpose of keeping and main- 
taining said land in proper and suitable condition and re- 
pair as an athletic field for the children of citizens of Ar- 
lington in the schools of Arlington. 

Section 4. This act shall take effect upon its passage. 
Approved February 10, 1910. 



Worcester 

state 

hospital. 



ChaiJ. 05 An Act making appropriations for the maintenance 

OF THE WORCESTER STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- 
propriated for the maintenance of the Worcester state hos- 
pital for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and ten, to wit : — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of sixty-five thousand nine 
hundred ninety-four dollars and ninety-five cents ; and 
from the treasury of the commonwealth from the ordinary 
revenue, a sum not exceeding two hundred fifty thousand 
three hundred five dollars and five cents. 

Section 2. This act shall take efi'ect upon its passage. 
Approved February 10, 1910. 



Acts, 1910. — Chaps. 66, 67, 68. 43 



An Act to establish the salary of Herbert h. boyn- Qhaij 66 

TON, DEPUTY SECRETARY OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Herbert H. Boynton, deputy secretary of f^^^^^y■ ^ . 
the commonwealth, shall receive a salary of three thousand 
dollars a year, to be so allowed from the beginning of the 
current fiscal year. 

Section 2. This act shall take effect upon its passage. 
Approved February 10, 1910. 

An Act relative to the booth by surgical hospital. Qh^.^j orr 
Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and ninety of the 1907, 290, 
acts of the year nineteen hundred and seven, in so far as cenTin^pro 
it applies to or affects the Boothby Surgical Hospital, is ''s'on of, etc. 
hereby repealed, and the charter, organization and acts of 
that company shall remain of the same force and effect 
which they had at the time of the passage of said act. 

Section 2. This act shall take effect upon its passage. 
Approved February 10, 1910. 



Chap. 6S 



An Act to authorize the county of essex to pay a 

SUM of money to WILLIAM I. HUNT. 

Be it enacted, etc., as follows: 

Section 1. The county of Essex is hereby authorized Thecounty 

__..,,. ___*', -t. n i> of Essex may 

to pay to William 1. Hunt such sum, not exceeding niteen pay a sum of 
hundred dollars, as the county commissioners may deem wiiiiam l 
proper, to reimburse him for the amount of the judgments, ^"°*" 
costs and expenses in two suits brought by Drusilla J. 
Bruce and Nora Donahoe, both of Newbury port, against 
said Hunt on account of an accident on the Newburyport 
bridge on the thirtieth day of August in the year nineteen 
hundred and eight. The said amount, if paid, shall be 
charged to the cost of maintaining and operating the said 
bridge for the year nineteen hundred and ten, and it shall 
be distributed and repaid in accordance with the provisions 
of section one of chapter five hundred and thirty-six of the 
acts of the year nineteen hundred and seven. 

Section 2. This act shall take effect upon its passage. 
Approved February 11, 1910. 



44 



Acts, 1910. — Chaps. 69, 70. 



Worcester 
stale asylum. 



Chap. 69 An Act making appropriations for the maintenance 

OF THE WORCESTER STATE ASYLUM. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- 
propriated for the maintenance of the Worcester state asy- 
lum for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and ten, to wit: — - 

From the receipts of said asylum now in the treasury 
of the commonwealth, the sum of six thousand thirty-seven 
dollars and ninety-nine cents ; and from the treasury of 
the connnonwealth from the ordinary revenue, a sum not 
exceeding two hundred forty-five thousand four hundred 
sixty-two dollars and one cent. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 11, 1910. 



Ch(tj). 70 An Act making appropriations for the maintenance 

OF THE MASSACHUSETTS SCHOOL FOR THE FEEBLE- 
MINDED. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- 
propriated for the maintenance of the Massachusetts School 
for the Feeble-Minded for the fiscal year ending on the 
thirtieth day of Xovember, nineteen hundred and ten, to 
wit: — 

From the receipts of said school now in the treasury of 
the commonwealth, the sum of forty-five thousand six hun- 
dred seventeen dollars and eighty-six cents; and from the 
treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding two hundred twenty-seven thousand 
three hundred eighty-two dollars and fourteen cents. 

For the city of Walthain for the annual assessment due 
from the commonwealth toward maintaining and operating 
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 hun- 
dred and ninety-three. 

Section 2. This act shall take effect upon its passage. 
Approved February 11, 1910. 



Appropria 
tioDS. 



Massachusetts 
School for 
the Feclile- 
Minded. 



City of 
Waltham. 



Acts, 1910. — Cuaivs. 71, 72. 45 



An Act relative to the limit of indebtedness of the (JJiaj). 71 

TOWN OF WESTBOUOUlill. 

Be it enacted, etc., as follows: 

Section 1. The indcLtedncss contracted by the town Limit of 
of Wcstborough under the provisions of chapter three hun- '."'the'town"^ 
dred and thirtj-two of the acts of the year nineteen hundred borYulh 
and six, shall not be reckoned in determining the statutory 
limit of indebtedness of said town. 

Section 2. This act shall take effect upon its passage. 
Approved February IJ^, 1910. 

An Act to authorize the town of westborough to (J/iqj) 72 
borrow money to improve its sewer system. 

Be it enacted, etc., as follows: 

Section 1. The town of Westborough, for the purpose Town of 
of enlarging, improving and repairing its sewer system, sewer'Loant' 
is hereby authorized to borrow a sum not exceeding twenty- ^'^^ °^ ^^^^■ 
five thousand dollars, and to issue notes or bonds therefor. 
Such notes or bonds shall be designated on the face thereof, 
Town of Westborough Sewer Loan, Act of 1910, shall be 
payable at the expiration of periods not exceeding twenty 
years from the dates of issue, shall bear interest, payable 
semi-annually, at a rate not exceeding four per cent per an- 
num, and shall be signed by the treasurer and countersigned 
by the selectmen of the town. The town may sell such 
securities at public or i:)rivate sale, or pledge the same 
for money borrowed for the iDurposes aforesaid, upon such 
terms and conditions as it may deem expedient : provided, Proviso, 
that they shall not be sold for less than the par value there- 
of. The debt and loan authorized by this act and the bonds 
or notes issued therefor shall not be reckoned in deter- 
mining the statutory limit of indebtedness of the town. 

Section 2. The town shall provide for the payment of ^f"^'^t°* 
said debt in such annual proportionate payments as will ex- 
tinguish the same within the time prescribed in this act, and 
the amounts required shall be assessed by the assessors of 
the town in each year thereafter, in the same manner in 
which other taxes are assessed under the provisions of sec- 
tion thirty-seven of chapter twelve of the Revised Laws, 
until the debt incurred by the loan is extinguished. Said 
town shall also raise annually by taxation a sum which will 



46 



Acts, 1910. — Chaps. 73, 74. 



be sufficient to pay the interest as it accrues on the notes 
or bonds issued under authority of this act. 

Section 3. This act shall take effect upon its passage. 
Approved February IJf., 1910. 



Cha'p. 73 An Act to authorize the board of commissioners for 

THE PROMOTION OF UNIFORMITY OF LEGISLATION IN THE 
UNITED STATES TO CONTRIBUTE TO THE EXPENSES OF THE 
CONFERENCE OF COMMISSIONERS ON UNIFORM STATE 
LAWS. 

Be it enacted, etc., as folloivs: 

The commission for the promotion of uniformity of legis- 
lation in the United States is hereby authorized in its dis- 
cretion to contribute each year a sum not exceeding one 
hundred dollars toward the expenses of the conference of 
commissioners on uniform state laws, the same to be paid 
from the money appropriated for the expenses of the com- 
mission by chapter four hundred and sixteen of the acts 
of the year nineteen hundred and nine. 

Approved February IJ^, 1910. 



Conference 
of commis- 
sioners on 
uniform 
state laws. 



Prospect Hill 
Cemetery 
Association 
incorporated. 



Chap. 74 An Act to incorporate the prospect hill cemetery 

ASSOCIATION. 

Be it enacted, etc., as folloivs: 

Section 1. Maria T. Swain, Alexander M. Myrick, 
Ernest IT. Jernegan, Henry Brown, Richard E. Congdon, 
David Parker, Reuben C. Small, Clinton Parker, Josiah 
F. Murphcy, Arthur H. Cook, John C. Ring, George E. 
Mooers, Willard B. Mardon and Israel M. Lewis, their as- 
sociates and successors, are hereby made a corporation by 
the name of the Prospect Hill Cemetery Association, for 
the purpose of acquiring, maintaining, improving and en- 
larging, for a place of burial of the dead, certain land set 
apart and known as the Prospect Hill Cemetery, situated 
in the town of Nantucket. Said corporation shall have all 
the powers and privileges and shall be subject to all the re- 
strictions and lial)i]ities set forth in all general laws now 
or hereafter in force ajiplieable to such corporations. 
May acquire Skction 2. The Said Corporation is hereby authorized 

possession . . iic-i i in 

of a certain to acouirc posscssiou and control 01 said cemetery, and all 

cemetery. •■• 



Acts, 1910. — Chap. 74. 47 

its personal estate, iiicliuliiig its fiiiids on deposit in the 
Nantueket Institution for Savings, and may i)urchase from 
time to time, and may acquire by gift, bequest, devise or 
otherwise, and may hold, so much real and ])ersonal prop- 
erty as may be necessary or a})propriate for the purposes of 
said association: provided, that nothing herein contained I'ro^'so- 
shall affect the individual rights of proj)rietors in said 
cemetery. 

Section 3. All persons now or hereafter owning lots or Membership 
any interest in lots in said cemetery may become members porationr 
of the corporation on application to the secretary, and when 
any person shall cease to be the proprietor of a lot or of an 
interest in a lot in the lands of the corporation he shall 
cease to be a member thereof. 

SECTio]sr 4. The net proceeds of sales of lots in the lands Proceeds of 
held by said corporation, and any bequests made to it, shall etc!^° ° ^' 
be api^lied to the preservation, improvement, embellish- 
ment, protection or enlargement of said cemetery, and to 
paying the incidental expenses thereof, and to no other j^ur- 
pose. 

Section 5. The said corporation is hereby authorized qJests!'etc. 
to take and hold any grant, gift or bequest of property, upon 
trust, to apply the same or the income thereof to the im- 
provement, embellishment, protection or enlargement of 
said cemetery, or of any lot therein, or for the erection, re- 
pair, preservation or removal of any monument, fence or 
other structure therein, or for the planting or cultivation 
of trees, shrubs or plants in or around any lot, or for im- 
proving said premises in any other manner consistent with 
the object of the corporation, according to the terms of such 
grant, gift or bequest. 

Section 6. The said corporation may by its by-laws officers, 
provide for such officers as may be necessary, and may de- duUesf *° 
fine their powers and duties, and may also provide for the 
care and management of the cemetery and for the sale of 
the lots therein, and for the management of any funds 
which the corporation 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 February IJ^, 1910. 



48 



Acts, 1910. — Chaps. 75, 76. 



Chap. 75 Ax Act making aitkopriations for salaries and ex- 
penses IN THE STATE LIBRARY. 

Be it enacted, etc., as follows: 

Section 1, The sums liercin after mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the state library, for the 
fiscal year ending on the thirtieth day of November, nine- 
teen hundred and ten, to wit : — 

For the salary of the librarian, three thousand dollars. 

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

For clerical assistance, a sum not exceeding sixty-four 
hundred dollars. 

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

For contingent expenses, including binding books and 
papers, card index of comparative legislation, and case for 
the same, moving and arranging books, and for the preser- 
vation of book bindings, a sum not exceeding six thousand 
dollars. 

For printing and binding the annual report, a sum not 
exceeding eight hundred dollars. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary IJf., 1910. 

Chap. 76 An Act MxVking appropriations for the maintenance 

OF THE MEDFIELD STATE ASYLUM. 

Be it enacted, etc., as follnirs: 

Section 1. The sums hereinafter mentioned are appro- 
l)riated for the maintenance of the Medfield state asylum 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and ten, to wit : — 

From the receipts of said asylum now in the treasury 
of the commonwealth, the sum of ten thousand three hun- 
dred eighty-six dollars and twenty-five cents ; and from 
the treasury of the commonwealth from the ordinary reve- 
nue, a sum not exceeding three hundred six thousand four 
hundred thirteen dollars and seventy-five cents. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary IJ^, 1910. 



Appropria- 
tions. 



Librarian of 
state library. 
"Purchase 
of books. 
Clerical as- 
sistance. 

Index to 
current 
events. 



Contingent 
expenses. 



Annual 
report. 



Medfield 
state asylum. 



Acts, 1910. — Chaps. 77, 78. 49 



An Act making aitkoprtationh fou the imaintenance (J]ni^) 77 

OF THE FOXBOROUGll STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are a})pro- Foxborough 
priated for the maintenance of the Foxborough state hos- hospital. 
pital for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and ten, to wit : — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of thirteen thousand three 
hundred forty-nine dollars and seventy cents ; and from 
the treasury of the commonwealth from the ordinary reve- 
nue, a sum not exceeding eighty-two thousand fifty dollars 
and thirty cents. 

Section 2. This act shall take effect upon its passage. 
Approved February 14, 1910. 

An Act making appropeiations for salaries and ex- ni^rij^ 7Q 

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- Appropria- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the department of the sur- 
geon general, for the fiscal year ending on the thirtieth day 
of November, nineteen hundred and ten, to wit : — 

For the salary of the surgeon general, twelve hundred Surgeon 

1 11 " ^ o general. 

dollars. 

For medical supplies for use of the volunteer militia, and Medical sup- 
for incidental and contingent expenses of the surgeon gen- ^' "'^' " '^' 
eral, 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 Examination 
recruits for the militia, a sum not exceeding three thou- ° '^^'^'^'" ^' 
sand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February I4, 1910. 



tions. 



50 Acts, 1910. — Chaps. 79, 80, 81. 

Chap. 79 Ax Act making appkopriations for the maintenance 

OF THE WESTBOROUGII STATE HOSPITAL. 

Be it enacted, etc., as follows: 

staTe*'''*'^""^'' Section 1. The sums hereinafter mentioned arc appro- 
hospitai. priatcd for the maintenance of the Westborough state hos- 

pital for the fiscal jear ending on the thirtieth day of 
November, nineteen hundred and ten, to wit : — . 

From the receipts of said hospital now in the treasury 
of the commonwealth, seventy thousand six hundred sev- 
enty-three dolhirs and eighty-one cents ; and from the treas- 
ury of the commonwealth from the ordinary revenue, a 
sum not exceeding one hundred ninety-nine thousand three 
hundred twenty-six dollars and nineteen cents. 

Section 2. This act shall take effect upon its passage. 
Approved Fchruary H, 1010. 

Chap. 80 x\.x Act to provide for the further distribution of 

the blue book. 

Be it enacted, etc., as follows: 
Distribution Section 1. The sccrctary of the commonwealth, the 

oi tne blue «/ ^ ^ 

^'^^^- treasurer and receiver general and the auditor of the com- 

monwealth shall annually receive four copies of the volume 
provided for by section one of chapter nine of the Revised 
Laws, and known as the Blue Book, said copies to be in 
addition to the one copy provided for by section two of 
said chaj)ter nine ; and each city and town treasurer and 
auditor, and, upon application, the chairman of each 
board of city and town officials elected by the voters of the 
city or town, shall annually receive one copy of said volume 
for the use of the city or town. 

Section 2. This act shall take clfect upon its passage. 
Approved February IJf, 1910. 

Chap. 81 Ax Act making appropriations for the compensation 

AND EXPENSES OF THE COMMISSIONERS ON FISHERIES 
AND GAME. 

Be it enacted, etc., as follows: 

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

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



Acts, 1910. — Chap. 82. 51 

from the ordinary revenue, for the conii)ensation and ex- 
penses of the commissioners on fisheries and game, for the 
fiscal year ending on the thirtieth day of November, nine- 
teen hundred and ten, to wit : — 

For compensation of the commissioners, a sum not ex- Commis- 
ceeding fifty-six hundred and thirty dollars. . fisheries and 

For travelling and other expenses, including the print- Expenses, 
ing and binding of the annual report, a sum not exceed- 
ing four thousand and seventy-five dollars. 

For clerical services, a sum not exceeding thirty-one clerical 
hundred and eighty dollars. 

For enforcement of the laws relating to fisheries and ^Ya^wsretc"*" 
game, for the propagation and distribution of fish, birds 
and other animals, and for rent and maintenance of hatch- 
eries, a sum not exceeding forty-six thousand six hundred 
dollars. 

For stocking great ponds with food fish, a sum not ex- stocking 
ceeding five hundred dollars. great ponds. 

For stocking brooks with food fish, a sum not exceeding stocking 
one hundred dollars. 

For the protection of lobsters with eggs attached, a sum Protection of 
not exceeding four thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary IJ^, 1910. 

An Act making an appropriation for the payment of (J]i(jn 82 

INTEREST ON THE DIRECT DEBT AND TEMPORARY LOANS 
OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one million two hun- interest on 
dred sixty-three thousand seven hundred ninety-seven dol- and^en" 
lars and seventy-five cents is hereby appropriated, to be P°''»'"y '<"*°s- 
paid out of the treasury of the commonwealth, for the pur- 
pose of meeting the interest on the direct debt and on tem- 
porary loans of the commonwealth, as provided for by 
article eleven of section one of chapter two of the consti- 
tution of Massachusetts, the same being the estimate of 
the treasurer and receiver general. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary IJf, 1910. 



52 Acts, 1910. — Chaps. 83, 84. 



Chap. 83 An Act relative to the annual report of the di- 
rector OF THE BUREAU OF STATISTICS ON THE STATIS- 
TICS OF LABOR. 

Be it enacted, etc., as follows: 

§^3^^amJnded. Section 1. SectioH three of chapter three hinulred 
and seventy-one of the acts of the year nineteen hundred 
and nine is hereby amended by striking out the words " Of 
the report on the statistics of labor, three thousand copies, 
of which two thousand shall be for the use of the bureau ", 
in the seventeenth, eighteenth and nineteenth lines, and 
Report on inserting in place thereof the words : — Of the report on 
of labor. the statistics of labor, three thousand five hundred copies, 

of which two thousand five hundred shall be for the use of 
the bureau. 

Section 2. This act shall take effect upon its passage. 
Approved February 1^, 1910. 

Chap. 81: An Act relative to making affidavits in poor debtor 

PROCEEDINGS. 

Be it enacted, etc., as follows: 

^•73' ^^^' Section 1. Section seventy-three of chapter one hun- 

ameAded. {[veA and sixty-eight of the Revised Laws is hereby amended 

by adding thereto the words : — All affidavits required 

under section seventeen of this chapter may be made and 

sworn to before a clerk or assistant clerk of the courts here- 

Notices, stc, inbcforc named, — so as to read as follows : — Section 73. 

to be sent ' , •iii 

under seal All certificates, noticcs and other processes required by the 
provisions of this chapter, if issued by a police, district or 
municipal court having a clerk, shall be under the seal of 
the court, signed by the clerk or an assistant clerk thereof, 
and bear teste of a justice of the court who is not an in- 
terested party in the proceeding, and, if issued by a court 
having no clerk or by a trial justice, shall be signed by the 
magistrate with the designation of his office. All affidavits 
required under section seventeen of this chapter may be 
made and sworn to before a clerk or assistant clerk of the 
courts hereinbefore named. 

Section 2. This act shall take effect upon its passage. 
Approved February I4, 1910. 



Acts, 1910. — Chap. 85. 



53 



An Act relative to the boston female asylum. Chaj). 85 



Be it enacted J etc., as follows: 

Section 1. The name of the Boston Female Asylum, 
incorporated by an act approved on the twenty-sixth day of 
February in the year eighteen hundred and three, shall 
hereafter be The Boston Society for the Care of Girls. 

Section 2. Said act of the year eighteen hundred and 
three is hereby amended by striking out section two and 
inserting in place thereof the following: — Section 2. 
Membership of this society shall consist of the following 
persons : — 

1. All persons who are carried on the books of the society 
as life members at the time when this act takes effect. 

2. All persons who are members of the society at the 
time when this act takes effect and who continue thereafter 
to pay an annual due of three dollars, or such annual due 
as shall be established by the board of managers as herein 
provided. 

3. Any person who may hereafter be elected a life mem- 
ber by the board of managers at any regular meeting upon 
such terms as they have established by by-law as herein 
provided. 

4. Any person who may hereafter be elected a member 
by the board of managers at any regular meeting and who 
shall pay and continue to pay an annual due of three dol- 
lars, or such annual due as shall be established by the board 
of managers as herein provided. 

Any member other than a life member may be removed 
by the board of managers upon refusal or neglect to pay the 
annual subscription. The board of managers may by by- 
law prescribe the conditions of life membership and alter 
the amount of the annual dues as established by this sec- 
tion. 

Section 3. Section three of said act is hereby amended 
by striking out the words " a treasurer ", in the first sen- 
tence, and the provisions of said section shall not be held 
to apply to the office of treasurer. 

Section 4. Said act is hereby further amended by 
striking out section four and inserting in place thereof the 
following: — Section Jf. The treasurer of the society 
shall be appointed by the board of managers and shall have 



Name 
changed. 



1803, 87, § 2, 
amended. 



Membership 
of the 
society. 



1803, 87, § 3, 
amended. 



1803, 87, § 4, 
amended. 



Appoint- 
ment of 
treasurer. 



54 



Acts, 1910. — Chap. 85. 



1803, 87, § 
amended. 



Board of 
managers, 
powers and 
duties. 



Proviso. 



the care and custody of the society's property and shall per- 
form the duties required by the by-laws or by the board 
of managers, and shall give bond satisfactory to the man- 
agers for the faithful performance of the duties of the 
office. 

Section 5. Said act -is hereby further amended by 
striking out section five and inserting in place thereof the 
f(»llowing:— Section 5. The board of managers for the 
time being shall have the management of and power to 
apply the subscriptions, funds and estate of the society for 
the purposes of this institution, and shall have the power 
to sell any real or personal property of the society; but 
no sale of real property and no change in the by-laws 
governing the society shall be made unless approved by a 
vote of at least ten managers at a meeting of the board 
duly called for the purpose of considering such sale or such 
change in the by-laws. They shall likewise have authority 
at their disci-etion to take into the care of the society such 
female children as may be suitable objects of charity; and 
also to accept a surrender, in writing, by the father, or, 
where there is no father, by the mother, of any female child 
or children, to the care and direction of said society; and 
to bind out in virtuous families, until the age of eighteen 
years, or marriage within that age, any such orphans or 
children thus surrendered, or any female child or children, 
■\vho, being destitute of parents within this commonwealth, 
shall have been relieved and supported by said society: 
provided, that any parent whose child or children, during 
the absence of their said parent from this commonwealth, 
shall have received relief and support, or been bound out 
as aforesaid, shall have liberty, on his or her return, to re- 
ceive such child or children, upon paying to the treasurer of 
said society the expense incurred in her or their relief and 
support, as aforesaid. And the managers shall have au- 
thority to establish any rules and by-laws for the regulation 
of the proceedings of said board, and the concerns of said 
society, not repugnant to the laws of the commonwealth or 
the by-laws and orders of said society. ISTot less than six 
managers shall constitute a quorum for transacting busi- 
ness ; and all questions shall be decided by the votes of a 
majority of the managers present, except as above provided 
in the case of sale of real estate or change of by-laws. The 
managers shall appoint four of their members, who, with 



Acts, 1910. — Chap. 86. 55 

the first and second directresses and treasurer, shall con- 
stitute the executive committee. The executive com- 
mittee shall have the general management of the society's 
financial affairs including the power to sell the personal 
property of the society without specific direction of the 
board of managers, and it may exercise any other powers 
which may be delegated to it by the board of managers. 

Sj:Ction^ 6. Section seven of the said act is hereby 1803, 87, § 7, 
amended by striking out the words " or contract ", being 
the sixth and seventh words thereof, and inserting in place 
thereof the words : — of real, property, — and also by 
inserting after the words " if approved by the board of man- 
agers ", the words : — as hereinbefore provided, — so as 
to read as follows : — Section 7. All instruments of con- instruments 
veyance of real property which may lawfully be made by 
said society, if approved by the board of managers, as 
hereinbefore provided, shall be signed by the first or sec- 
ond directress, and countersigned by the secretary, and, if 
necessary, sealed with the common seal of said society ; and, 
when so executed, shall bind the said society and be valid 
in law. 

Section 7. This act shall take effect upon its passage, Timeoftak- 
but shall not become operative until accepted by vote of the 
corporation. Approved February 17, 1910. 

An Act to authorize the universalist publishing QJjd^j QQ 

HOUSE TO HOLD ADDITIONAL REAL AND PERSONAL PROP- 
ERTY. 

Be it enacted, etc., as follows: 

Section two of chapter two hundred and eiehty-six of J^J-- ^^^\ , 

, « 1 -1 1111 o «/ , § 2, amended. 

the acts 01 the year eighteen hundred and seventy-two, in- 
corporating the Universalist Publishing House, is hereby 
amended by striking out the word " two ", in the third line, 
and inserting in place thereof the word : — five, — so as 
to read as follows : — Section 2. Said corporation may Amount of 
hold real and personal property necessary for conducting personal 
its business to an amount not exceeding five hundred thou- brhdd.^*° 
sand dollars in value. Approved Fehrua?-y 17, 1910. 



56 Acts, 1010. — Chaps. 87, 88, 89. 



Chap. 87 Ais" Act ret.ative to certificates of the spaying of 

DOGS. 

Be it enacied, eic, as follows: 

f 130 e?^' Section one hundred and thirty of chapter one hundred 

amended. j^j^fj \^^yQ of x\^q Rcvised Laws, as amended by chapter one 

hundred and sixty-nine of the acts of the year nineteen 
hundred and eight, is hereby further amended by. striking- 
out the words '^ competent person ", in the third and fourth 
lines, and inserting in place thereof the words: — reg- 
Feeforii- istcrcd Veterinarian, — so 'as to read as follows:- — Sec- 

cense, etc. . ' 

tion 130. The fee for every license shall be two dollars for 
a male dog, and five dollars for a female dog, unless a cer- 
tificate of a registered veterinarian who performed the oper- 
ation has been filed with the city or town clerk that said 
female dog has been spayed and has thereby been deprived 
of the power of propagation, in which case the fee shall be 
two dollars. A certified copy of such certificate on file in 
the office of any city or town clerk within the common- 
wealth, may be accepted as evidence that the said operation 
has been performed. Approved Fehruary 17, 1910. 

Chaj). 88 Ax Act to authorize the town of lexixgtox to appro- 
priate MONEY FOR THE CEI.EBRATIOX OF THE ONE HUN- 
DRED AND THIRTY-FIFTH ANNIVERSARY OF THE BATTLE 
OF LEXINGTON. 

Be it enacted, etc., as foUon's: 

onhTann?- Section 1. Thc towu of Lcxiugton may at any legally 

versaryof wamcd mectiiig appropriate a sum of money not exceeding- 
Lexington, seven hundred and fifty dollars for the purpose of celebrat- 
ing the one hundred and thirty-fifth anniversary of the 
battle of Lexington. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 19, 1910. 

Chcip. 89 An Act relative to the temporary asylum for dis- 
charged FEMALE prisoners. 

Be it enacted, etc., as follows: 

^h'a'^ged Section 1. The name of the Temporary Asylum for 

Discharged Female Prisoners, incorporated by chapter one 



Acts, 1910. — Chap. 90. 57 

hundred and eighty-three of the acts of the year eighteen 
hundred and sixty-four, is hereby changed to the Dedham 
Temporary Home for Women and Chiklren. 

Section 2. The said corporation is hereby authorized ^f/Jifrefor 
to receive and care for women and children under such wom/n and 

. . , . - children, etc. 

terms and conditions as it may from time to time deter- 
mine, and to use for these purposes all the real and per- 
sonal property which it now holds or which it may here- 
after hold ; and it is authorized to take and hold for the 
above purposes real and personal property, not exceeding 
in value one hundred and fifty thousand dollars. 

Section 3. This act shall take efi^ect upon its passage. 
Approved February 19, 1910. 



An Act kelative to the appropriation by towns of (Jhar^-f 9Q 

MONEY FOR THE ERECTION OF SOLDIERS' MONUMENTS. 

Be it enacted, etc., as follows: 

Section 1. Paragraph thirteen of section fifteen of R- l., 25, 

. . § 15 Par. 13 

chapter twenty-five of the Revised Laws is hereby amended amended.' 
by striking out the words " credited to its quota ", in the 
thirty-fourth line, by striking out the word " its ", in 
the thirty-eighth line, by striking out the word " its ", in the 
fortieth line, and by striking out the words '' died in the 
service of ", in the forty-third line, and inserting in place 
thereof the word : — served, — so as to read as follows : — 
For erecting headstones or other monuments at the graves Appropria- 
of persons who served in the war of the revolution, the towns'?^ 
war of eighteen hundred and twelve, the Seminole war, 
the Mexican war or the war of the rebellion, or who served 
in the military or naval service of the United States in the 
Spanish-American war; for erecting or dedicating monu- 
ments in memory of soldiers who died in the service of 
the country in the war of the rebellion, or of soldiers or 
sailors who died in the service of the United States in the 
Spanish-American war ; and for keeping in repair or deco- 
rating graves, monuments or other memorials erected to 
the memory of soldiers or sailors who served the United 
States, or to the memory of its firemen who died from in- 
juries received in the performance of their duties in the 
fire service, or for other memorial observances in their 
honor. Money appropriated in honor of such firemen may 



58 Acts, 1910. — Chaps. 91, 92, 93. 

be paid over to, and expended for such purpose by, any 
veteran firemen's association or similar organization. 

Section 2. This act shall take effect upon its passage. 
Approved February 19, 1910. 

Chan. 91 Ax Act to authorize the international trust com- 
pany TO HOLD REAL ESTATE. 

Be it enacted, etc., as follows: 

uona^Tru^st Section 1. The International Trust Company, incor- 

ma^hoM poratcd by chapter one hundred and fifty-two of the acts 

real estate. of the year eighteen hundred and seventy-nine, is hereby 
authorized to hold real estate in the city of Boston suitable 
for the transaction of its business to an amount not exceed- 
ing two million dollars. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 19, 1910. 

Chap. 92 An Act to authorize the collateral loan company 
to invest its surplus in real estate in the city of 

BOSTON. 

Be it enacted, etc., as follows: 

^alLoan* Section 1. The Collateral Loan Company, incorpo- 

ma^^nvest rated by chapter one hundred and seventy-three of the acts 
its surplus Qf tij(3 year eighteen hundred and fifty-nine, under the 
etc. ' name of the Pawners' Bank which, by chapter four hun- 

dred and twenty-eight of the acts of the year eighteen hun- 
dred and sixty-nine, was changed to the present name, is 
herel)y authorized to invest its surplus to an amount not ex- 
ceeding two hundred thousand dollars in real estate in 
the city of Boston suitable for the transaction of its busi- 
ness. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 21, 1910. 

Chap. 93 An Act relative to the return and registry of 

BIRTHS. 

Be it enacted, etc., as follows: 

F'al'ame^nded. Section 1. ScctioH three of chapter twenty-nine of 
the Revised Laws is hereby amended by inserting after 
the word " midwives ", in the first line, the words : — shall 



Acts, 1910. — Chap. 93. 59 

make and keep a record of all facts relative to births, speci- 
fied in section one of this chapter and, — and by inserting 
after the word " neglects ", in the fifteenth line, the words : 

— to make and keep the record required herein and, — 

so as to read as follows : — Section 3. Physicians and fetu7rf o""*^ 
midwives shall make and keep a record of all facts relative ^mus. 
to births, specified in section one of this chapter and shall, 
on or before the fifth day of each month, report to the clerk 
of each city or town a correct list of all children born 
therein during the preceding month at whose birth they 
were present, stating the date and place of each birth, the 
name, if any, of the child, its sex and color, and the name, 
place of birth and residence of the parents, the maiden 
name of the mother, and the occupation of the father. If 
the child is illegitimate the name of, and other facts relat- 
ing to, the father shall not be stated, except at the request 
in writing of both father and mother, filed with the return. 
The fee of the physician or midwife shall be twenty-five 
cents for each birth so reported, which shall be paid by the 
city or town where the report is made, upon presentation to 
the city or town treasurer of a certificate from the city 
or town clerk, stating that said births have been properly 
reported to him. A physician or midwife who neglects to 
make and keep the record required herein and to report 
such list on or before the fifteenth day of the month shall 
for each ofi^ence forfeit not more than twenty-five dollars. 

Section 2. Section five of said chapter twenty-nine is r. l., 29, 
hereby amended by striking out the words ^^ therein in ", ^ ^' ^'"^''^«^- 
in the last line, and inserting in place thereof the word : — 
during, — and by adding at the end of said section the 
words : — and resident therein, — so as to read as follows : 

— Section 5. The clerk of each city and town shall an- cierkstoob- 
nually in January ascertain the facts required for record {oTinhs^^^ 
by section one relative to all children born during the pre- 
ceding year and resident therein. 

Section 3. Section thirteen of said chapter twenty- r. l., 29, 
nine is hereby amended by inserting after the word Amended. 
" death ", in the eighth line, the words : — and in case of 
a birth, also to the city or town in which the birth occurred, 

— so as to read as follows: — Section 13. The clerk of ^eZrds°of 
each city and town shall forthwith make certified copies births and 
of the records of all births and deaths recorded during the 
previous month, if the parents of the child born or the 



60 Acts, 1910. — Chaps. 94, 95. 

deceased were residents of any other city or town in this 
commonwealth or in any other state at the time of said 
birth or death, and transmit them to the clerk of the city or 
town of which such parents or deceased person were resi- 
dent at the time of said birth or death, and in case of a 
birth, also to the city or town in which the birth occurred, 
stating, if practicable, the name of the street and number 
of the house, if any, Avhere such parents or deceased person 
so resided ; and the clerk of a city or town in this common- 
wealth so receiving such certified copies, or certified copies 
of births, marriages or deaths, from the clerk of a city 
or town without the commonwealth, shall record the same. 

Ap]proved February 21, 1910. 

CllClJ)- ^^ ^^ -^CT RELATIVE TO THE FAC-SIMILE SIGNATURES OF 

CLERKS OF COURTS. 

Be it enacted, etc., as follows: 

^oo' ^^^' Section twenty of chapter one hundred and sixty-five 

amended. of thc Rcviscd Laws is hereby amended by inserting after 

the word " summons ", in the third line, the word : — - 
Facsimile of subpoeua, — SO as to read as follows: — Section 20. A 
signa ures. fac-siiuile of the signature of the clerk of any court in the 
commonwealth, imprinted by him upon any writ, sum- 
mons, subpoena, order of notice or order of attachment, ex- 
cept executions, shall have the same validity as his written 
signature. Approved February 21, 1910. 

Chap. 95 An Act relative to the powers and authority of 

CONSERVATORS. 

Be it enacted, etc., as follows: 
R.^L.. 145, Section 1. Section forty-one of chapter one hundred 

amended. q^^j forty-fivc of the Rcvised Laws is hereby amended by 

in.serting after the word " persons ", in the fourth line, the 
words : — and the payment of their debts, — so as to read 
Bond of con- as follows : — Scctiou Jf-l. Such conservator shall give 
such bond as is required of guardians of insane persons, 
and all provisions of law relative to the management, sale 
or mortgage of the property of insane persons and the pay- 
ment of their debts shall apply to such conservator. 

Section 2. This act shall take effect upon its passage. 
Approved February 21, 1910. 



servators. 



Acts, 1910. — Chaps. 9G, 97, 98. 61 



An Act to authokize the city of havkruill to con- (JJ^dij 9(3 

STRUCT AND MAINTAIN SPANS OR TRUSSES OVER AND 
ACROSS LITTLE RIVER IN SAID CITV. 

Be it enacted, etc., as follows: 

Section 1. The city of Ilaverliill may construct and ^^^^^{.'^^'1,°* 
maintain a truss or trusses, span or spans, with necessary maymain- 

. , , T •i.i • • TT tain trusses, 

piers and abutments, over and across Little river in Haver- etc.. across 
hill, to be located at a point near the present Boston and 
Maine Railroad bridge known as " India Rubber Bridge ", 
for the purpose of supporting and carrying across said 
river a city sewer. 

Section 2. This act shall take effect upon its passage. 
Approved February 21, 1910. 

An Act to confirm the votes and proceedings of the (JJiq^j 97 
first pentecostal church of somerville^ massa- 
chusetts. 

Be it enacted, etc., as follows: 

Section 1. All votes and proceedings of the First Confirming 
Pentecostal Church of Somerville, Massachusetts, at a etc., of the 
meeting held in Somerville on April twelfth, nineteen Pentecostal 
hundred and nine, in lieu of the annual meeting, and all go^erviiie 
votes and proceedings of said First Pentecostal Church at 
the annual meeting held in said Somerville on December 
twentieth, nineteen hundred and nine, are hereby ratified, 
confirmed and made valid. 

Section 2. This act shall take effect upon its passage. 
Approved February 21, 1910. 

An Act to authorize the enjoining of unauthorized njiQrry 9g 

FOREIGN FRATERNAL BENEFICIARY CORPORATIONS FROM 
DOING BUSINESS IN THIS COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. The supreme judicial court or the superior Enjoining 

court shall have power to restrain by injunction any foreign corporations 

fraternal beneficiary corporation, association or society busTnessIn 

from the transaction of any business in this common- monwe^ith. 
wealth, unless such corporation, association or society is 
authorized as provided in section thirteen of chapter one 



62 



Acts, 1910. — Chaps. 99, 100. 



hundred and nineteen of the Revised Laws, as amended by 
chapter four hundred and seventy-one of the acts of the 
year nineteen hundred and seven, to transact business in 
this commonweahh. 

Section 2. This act shall take effect upon its passage. 
Approved February 21, 1910. 



Chaj). 99 An x\ct relative to tjie amekican baptist missionaky 

UNION. 

Be it eriacted, etc., as follows: 

Section 1. The name of the American Baptist Mis- 
sionary Union, a corporation established by law in this 
commonwealth, is hereby changed to the American Baptist 
Foreign Mission Society. 

Section 2. The American Baptist Foreign Mission 
Society may, for the purposes of its incorporation, take 
and hold in fee simple or otherwise, lands, tenements or 
hereditaments by gift, grant, purchase or devise not ex- 
ceeding in value three million dollars, and may also take 
and hold by gift, grant, donation or bequest, personal estate 
to an amount not exceeding five million dollars. 

Section 3. The American Baptist Foreign Mission 
Society shall meet amiually at such time and place as it 
may appoint within the United States. 

Section 4. This act shall take effect on the twenty- 
fourth day of February, nineteen hundred and ten. 

Approved February 21, 1910. 



Name 
changed. 



The Ameri- 
can Baptist 
Missionary 
Union may 
take and hold 
lands, etc. 



Time and 
plafe of 
meetings. 



Time of 
taking effect. 



R. L., 162, 
§ 5, amended. 



Chap.lOO An Act to enlarge the equity jurisdiction of the 

probate court. 

Be it enacted, etc., as folloivs: 

Section five of chapter one hundred and sixty-two of 
the Revised Laws is hereby amended by inserting after the 
word '' instrument ", in the fifth line, the words : — of all 
matters relative to guardianship and conservatorship, and 
of all matters relative to the partition of land so far as 
said probate court has jurisdiction in partition, including 
sales of land and distribution of the proceeds in partition 
proceedings, — so as to read as follows : — Section 5. 
The probate court shall have jurisdiction in equity, concur- 
rent with the supreme judicial court and with the sui^erior 



Equity juris- 
diction of 
the probate 
court. 



Acts, 1910. — Chap. 101. 63 

court, of all cases aiul matters relative to the adiuinistra- 
tioii of the estates of deceased persons, to wills or to trusts 
which are created by will or other written instrument, of 
all matters relative to guardianship and conservatorship, 
and of all matters relative to the partition of land so far 
as said probate court has jurisdiction in partition, includ- 
ing sales of land and distribution of the proceeds in parti- 
tion proceedings. Such jurisdiction may be exercised upon 
petition according to the usual course of proceedings in the 
probate court. Approved February 21, 1910. 

An Act making appkopriations for salaries and ex- (Jhav.^OX 

PENSES IN THE DEPARTMENT OF THE STATE BOARD OF 
HEALTH. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the common- ''*'°^' 
wealth from the ordinary revenue, for salaries and ex- 
penses in the office of the state board of health, for the 
fiscal year ending on the thirtieth day of November, nine- 
teen hundred and ten, to wit : — 

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

For the general work of the board, including travelling of^heaith!^ 
expenses, a sum not exceeding twenty thousand dollars. Expenses. 

For salaries and expenses in the inspection of milk, food ^"i^*'^}!."" °^ 
and drugs, a sum not exceeding fourteen thousand five hun- 
dred dollars. 

For expenses in the examination of sewer outlets, a sum Examination 
not exceeding fourteen thousand dollars. oufiels^'^ 

For expenses in the production and distribution of anti- Antitoxin 
toxin and vaccine lymph, a sum not exceeding twenty thou- rj^mph^*^*^'"^ 
sand dollars. 

For printing and binding the annual report, a sum not Annual 
exceeding three thousand dollars. "^"'^ ' 

For services of engineers, chemists, biologists and other Engineers, 
assistants, and for other expenses in protecting 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. health. 

For expenses under the act establishing health districts. Establishing 
a sum not exceeding five thousand dollars. dfsltricts. 



64: 



Acts, 1910. — Chaps. 102,- 103. 



Watershed 
of the 

Charles river 
basin. 

Examiners 
of plumbers. 



For expenses in connection with the watershed of the 
Charles river basin in the city of Boston, a sum not ex- 
ceeding eighteen hundred doHars. 

For compensation and expenses of the state examiners 
of i")hmibers, a sum not exceeding forty-four hundred dol- 
lars. 

Section 2. This act shall take effect upon its passage. 
Approved February 21, 1910. 



CJici2).102 Ax Act to authokize the trustees ob" mount iiolyoke 

COLLEGE TO HOLD ADDITIONAL REAL AND PERSONAL 
ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter ninety of the acts 
of the year eighteen hundred and ninety-four is hereby 
amended by striking out the word '^ two ", in the third 
line, and inserting in place thereof the word : — four, — so 
as to read as follows: — Section 1. The Trustees of 
Mount Iiolyoke College are hereby authorized to hold real 
and personal estate to an amount not exceeding four million 
dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 21, 1910. 



1894, 90, 

§ 1, amended. 



Holding of 
ri-al and per- 
sonal estate. 



CVia/>.103 An Act making appkoi'riations for the board of reg- 
istration in pharaiacy. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
])riated, to be paid out of the treasury of the commonwealth 
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, nineteen hundred 
and ten, to wit : — ■ 

For the salaries of the members, thirty-one hundred dol- 
lars. 

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

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



Appropria- 
tions, board 
of registra- 
tion in 
pharmacy. 



Salaries of 
members. 



E.xpenses 
Agent. 



' Acts, 1910. — Chap. 104. 65 

For a stenographer, witness fees and incidental and con- stenographer, 
tingent expenses, to include the printing of the annual re- 
port, a sum not exceeding seventeen hundred dollars. 

Section 2. This act shall take etl'ect upon its passage. 
Approved February 21, 1910. 

An Act to authorize the overseers of the Swansea nhnj) 1 04 

MONTHLY meeting OF THE SOCIETY OF FRIENDS AND 
THE FALL RIVER PREPARATIVE MEETING OF FRIENDS TO 
DISPOSE OF CERTAIN REAL ESTATE SITUATED IN THE CITY 
OF FALL RIVER. 

Be it enacted, etc., as follows: 

Section 1. The overseers of the Swansea Monthly Certain 
Meeting of the Society of Friends and The Fall Eiver Vm^r^sv 
Preparative Meeting of Friends may sell at public or ^fYemfn^^ 
private sale that part of their cemetery on Hood street ^eai estate. 
in the city of Fall River in which no burials have been 
made and which is bounded and described as follows : — 
Beginning at a point in the southerly side of Hood street, Boundary 
two hundred twenty-four and forty one hundredths feet 
westerly from the southwesterly corner formed by the in- 
tersection of Hood street and ]!^orth Main street; thence 
running southerly by land now or formerly of one Henry 
Hilton one hundred eleven and ninety-eight one hundredths 
feet to land now or formerly of Henry Wilmot and an- 
other; thence westerly by said last named land fifty feet 
to a corner; thence northerly by land of said Fall Eiver 
Preparative Meeting of Friends one hundred twelve and 
twenty-two one hundredths feet to a point in the extension 
westerly of the southerly side of Hood street, there forming 
an angle of ninety degrees with said extension of southerly 
side of Hood street; thence easterly by said extension 
of Hood street fifty feet to the point of beginning; con- 
taining twenty and five hundred eighty-seven one thou- 
sandths square rods of land more or less, and with a right 
of way to said tract of land to and from Hood street over 
another tract of land twenty feet in width lying on the 
northerly side of the tract above described, to be used in 
common with the owners and other persons having rights 
in the cemetery lying westerly of said tract above de- 
scribed; and the said overseers of the Swansea Monthly 



Q6 Acts, 1910. — Chaps. 105, 106. 

Meeting of the Society of Friends may give to the pur- 
chaser or purchasers thereof a good title free and dis- 
charged of any trust and restriction as to burial purposes 
or otherwise, and the proceeds of such sales shall be used 
for the improvement of the meeting houses of said Swan- 
sea Meeting of the Society of Friends, and its other similar 
religious purposes. 

Section 2. This act shall take effect upon its passage. 
Approved February 21', 1910. 

Chap.XO^ Ax Act making appkopeiations foe the maintenance 

OF THE GAEDNEE STATE COLONY. 

Be it enacted, etc., as follows: 

^ate coLnv. Section 1. The suius hereinafter mentioned are appro- 

priated for the maintenance of the Gardner state colony 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and ten, to wit : — 

From the receipts of said colony now in the treasury of 
the commonwealth, the sum of two thousand eighty-five dol- 
lars and eighty-nine cents ; and from the treasury of the 
commonwealth from the ordinary revenue, a sum not ex- 
ceeding one hundred fourteen thousand four hundred four- 
teen dollars and eleven cents. 

Section 2. This act shall take effect upon its passage. 
Approved February 21, 1910. 

Chap.lOQ An Act to consolidate the boaeds of w^atee and 

SEWEE COMMISSIONEES IN THE TOWN OF WAKEFIELD. 

Be it enacted, etc., as follows ■' 
S°^f,?fif^''°'^ Section 1. The board of sewer commissioners in the 

of certain 

boards in towH of Wakefield is hereby abolished and all the powers 

Wakefield. and dutics of the said board, as established by chapter three 
hundred and seventy-seven of the acts of the year nineteen 
hundred, and any amendments thereof, or by the general 
laws relating to boards of sewer commissioners, are hereby 
transferred to and vested in the board of water commis- 
sioners of the said town, 
wwe^age*^ Section 2. The board of water commissioners of the 

board. g^id towii shall hereafter be known as the water and sewer- 

age board of the town of Wakefield, and the said board shall 
perform the duties and exercise the powers heretofore per- 



Acts, 1910. — Chap. 107. 67 

formed and exercised by the board of sewer commissioners 
of the said town. 

Section 3. This act shall not affect anv pending suit, Pending 

IT • 1 n 1 • 1 "i T • suits, etc., 

contract or obligation, and all duties and obligations now not to be 
owed to the said board of sewer commissioners shall be 
owed to the said water and sewerage board. 

SECTioisr 4. This act shall take effect upon its accept- Time of 
ance by the town of Wakefield at any regular or special 
town meeting by a majority of those present and voting 
thereon. Approved February 21, 1910. 



taking effect. 



Chap.lOl 



An Act to authokize the town of Lexington to bor- 
Eow money to repay or reimburse its trust funds 

AND to provide FOR THE CUSTODY AND MANAGEMENT OF 
its TRUST PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. The town of Lexington, for the purpose of Lexin*Ton°* 
repayins; or reimbursing certain trust funds received by may borrow 

, , , money to 

said town and subsequently paid out and expended by it reimburse its 
for the general expenses of the town, is hereby authorized etc.^ "° *' 
to borrow a sum not exceeding thirty-five thousand dollars 
and to issue notes or bonds therefor, payable at periods not 
exceeding twenty-five years from the date of issue; such 
notes or bonds shall be signed by the treasurer and counter- 
signed by the selectmen, shall bear interest, payable semi- 
annually, at a rate not exceeding four and one half per 
cent per annum and shall be sold or disposed of in such 
manner, or upon such terms, as the treasurer and selectmen 
may determine. At the time of issuing said notes or bonds Payment of 
the town shall provide for the payment thereof in such ^*'*^"" '^^' 
annual payments as will extinguish the debt within the 
time prescribed in this act, and when a vote to that effect 
has been passed, the amount required thereby shall be 
raised annually by taxation in the same manner in which 
other taxes are raised, without any further vote or action 
of the town. 

Section 2. The town may at its next annual meeting. Trustees of 
or at a special meeting duly called for the purpose, elect Trusts, eiec- 
by ballot in the same manner as other town officers are etc"' *^''™^' 
elected a board of three citizens who shall serve without 
compensation and who shall be called Trustees of Public 
Trusts, one of whom shall serve until the annual meeting 



68 



Acts, 1910. 



Chap. 107. 



The board 
may take and 
hold estates 
and proper- 
ties, etc. 



Vacancy, 
how filled. 



To take and 
hold all sums 
deposited for 
the care of 
cemetery lots, 
etc. 



Powers and 
duties. 



in the year nineteen hundred and twelve, one until the an- 
nual meeting in the year nineteen hundred and fourteen, 
and one until the annual meeting in the year nineteen hun- 
dred and sixteen, and at the annual meeting in the year 
nineteen hundred and twelve and biennially thereafter the 
town shall elect one trustee for the term of six years and 
until his successor is elected and qualified. 

Sectiox 3. Unless it shall be otherwise provided or de- 
termined by vote of the town or by the terms of the instru- 
ment creating the trust, said board shall take, hold, manage, 
invest, reinvest, administer and dispense all the estates and 
properties, real and personal, and the proceeds thereof, 
which have already been and which may hereafter be de- 
vised, bequeathed or otherwise given to or conferred upon 
said town of Lexington for public or charitable objects, 
including the trust funds referred to in section one, and 
also any properties devised, bequeathed or otherwise con- 
ferred upon said board for the benefit of said town or any 
public or charitable objects therein. Said board may invest 
and reinvest all of said estates and properties, real and per- 
sonal, and the proceeds thereof, in such other estates and 
securities, real and personal, as it may deem safe and 
proper, having always in mind the security of the principal 
sums of said trusts. 

Section 4. A vacancy in said board shall be created by 
the death, the removal for cause by the supreme judicial 
court, the removal of his legal residence from said town, 
or the resignation in writing delivered to the selectmen of 
any member of the board, and any vacancy shall be filled 
by the election of a new member by ballot for the remainder 
of the term so vacated at a meeting of the voters duly called 
for the purpose. 

Section 5. Said board shall take, hold and manage all 
sums of money deposited with the treasurer of said town 
for the care and preservation of cemetery lots under the 
provisions of the laws of the commonwealth, and may invest 
the same in the Lexington Savings Bank or other savings 
banks in this commonwealth in separate accounts with each 
deposit and shall pay over from the income thereof to the 
proper persons the sums necessary to carry out the purposes 
of said deposits. 

Section 6. Said board shall do all acts necessary or 
proper to be done for the purpose of carrying into effect the 



Acts, 1910. — Chaps. 108, 109. 69 

provisions of this act and shall annually make a full report 
to said town of the amounts and in^•estments of all prop- 
erty and deposits held by them hereunder and of their 
doings in relation thereto. 

Section 7. Nothino; in this act contained shall be con- Existing 

, . . -, . . 1 • trusts not 

St rued as restricting, enlarging or in any way changing affected, 
the terms of the bequests or donations under which said 
estates are devised or given. 

Sectiox 8. This act shall take eifect upon its accept- Time of 
ance by said town at a legal meeting duly called for the 
purpose. Approved February 21, 1910. 

An Act making an appeopkiation for the purpose of QJiap,108 

PROCURING portraits OF CERTAIN FORMER GOVERNORS 
OF THE COMMONWEALTH. 

Be it enacted, etc., as follows ^ 

Section 1. A sum not exceeding four thousand dollars Portraits 
is hereby appropriated, to be paid out of the treasury of governors. 
the commonwealth, for the purpose of procuring for the 
commonwealth portraits of certain former governors, as 
ju'ovided for by section twenty-two of chapter ten of the 
Revised Laws, to be expended by the governor with the 
approval of the council. 

Section 2. This act shall take effect upon its passage. 
Approved February 23, 1910. 



Chap.109 



An Act making appropriations for salaries and ex- 
penses in the department of the state board of 
charity, and for sundry charitable expenses. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth *'''°^' 
from the ordinary revenue, for the salaries and expenses 
of the state board of charity, and for sundry charitable 
expenses, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and ten, to wit : — 

STATE BOARD OF CHARITY. 

For expenses, including travelling, of members of the state board 
board, and for salaries and expenses in the board's central expenses!' 
office, a sum not exceeding thirteen thousand dollars. 



70 



Acts, 1910. — CiiAr. 109. 



Annual 
report. 

Adult poor. 



Minor wards. 



Auxiliary 
visitors. 



For printing and binding the animal re2)ort, a snm not 
exceeding twenty-two hundred dolhirs. 

For salaries and expenses in the division of state adnlt 
poor, a snm not exceeding fifty thousand seven hundred 
and fifty dollars. 

For salaries and expenses in the division of state minor 
wards, a sum not exceeding fifty-eight thousand dollars. 

For travelling and other necessary expenses of the aux- 
iliary visitors of the board, a sum not exceeding twelve hun- 
dred dollars. 



Transporta- 
tion of state 
paupers. 



Indigent and 
neglected 

children. 



Dangerous 
diseases. 



Tuition of 
certain chil- 
dren, etc. 



Sick state 
paupers. 



Burial of 
state paupers. 



Temporary 
aid, etc. 



MISCELLANEOUS CHARITABLE. 

For transportation of state paupers under charge of the 
state board of charity, including transportation of prisoners 
released on probation from the state farm, and travelling 
and other expenses of probation visitors, for the present 
year and for ])r{n'ious years, a sum not exceeding seventeen 
thousand dollars. 

For care and maintenance of indigent and neglected 
children and juvenile offenders, for the present year and 
for previous years, to include expenses in connection with 
the same, a sum not exceeding four hundred and five thou- 
sand dollars. 

For expenses in connection with smallpox and other dis- 
eases dangerous to the public health, for the present year 
and for previous years, a sum not exceeding sixty thousand 
dollars. 

For tuition in the public schools, including transporta- 
tion to and from said schools, of children boarded or bound 
out by the state board of charity, for the present year and 
for previous years, a sum not exceeding thirty-five thou- 
sand dollars. 

For the support of sick state paupers by cities and towns, 
for the present year and for previous years, the same to in- 
clude cases of wife settlement, a sum not to exceed seventy- 
five thousand dollars. 

For the burial of state paujiers by cities and towns, for 
the present year and for previous years, a sum not exceed- 
ing seven thousand dollars. 

For temporary aid furnished to state paupers and ship- 
wrecked seamen by cities and towns, for the present year 
and for previous years, a sum not exceeding thirty thou- 
sand dollars. 



Acts, 1910. — Chaps. 110, 111, 112. 71 

For the support and transportation of unsettled pauper unsettled 
infants in this commonwealth, including infants in infant fnfims. 
asylums, for the present year and for previous years, a 
sum not exceeding seventy-two thousand dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 2S, 1910. 



An Act relative to tile filing of certificates of 
nomination and nomination papers for elections 

IN TOWNS. 



Chap.WO 



Be it enacted, etc., as follows: 

Section 1. All certiticates of nomination for town Filing of 
offices filed on or before the second Saturday, and nomina- fm- eie'cUons 
tion papers filed on or before the Monday, preceding the ^^^°'^'^^- 
election shall, for the year nineteen hundred and ten, be 
valid. 

Section 2. This act shall take eft'ect upon its passage. 
Approved February 23, 1910. 

An Act to authorize the town of tisbury to appro- (JJk^^^ \W 
priate money for advertising the town and for 
public entertainments. 

Be it enacted, etc., as follows: 

Section 1. The town of Tisbury may, by a two thirds The town of 
vote, at its annual town meeting, after due legal notice appropriTte^ 
thereof in the warrants under which said meetings are """ain^piir- 
called, appropriate annually a sum not exceeding five hun- p''^*^®- 
dred dollars for the purpose of advertising the advantages 
of the town and for providing amusement or entertain- 
ments of a public character. 

Section 2. This act shall take effect upon its passage. 
Approved February 25, 1910. 

An Act to authorize the town of oak bluffs to ap- (JJkij) 212 
propriate money for advertisings the town and for 
public amusements. 

Be it enacted, etc., as follows: 

Section 1. The town of Oak Bluffs may, by a two The town of 
thirds vote, at its annual town meeting, after due legal mayTppro- 
notice thereof in the warrants under which said meetings P"ate money 

o for certain 

are called, annually appropriate a sum not exceeding one purposes. 



72 



Acts, 1910. — Chap. 113. 



Trustees of 
Massachusetts 
College in- 
corporated. 



Powers of 
trustees, etc. 



thousand dollars for the purpose of advertising the advan- 
tages of the town and for providing amusements or enter- 
tainments of a public character. 
^'"P^^'- Section 2. Chapter one hundred and sixty-six of the 

acts of the year eighteen hundred and ninety-six is hereby 
repealed. 

Section 3. This act shall take effect upon its passage. 
Approved February 25, 1910. 

Chap.W^ An Act to incokporate the trustees of Massachu- 
setts COLLEGE. 

Be it enacted, etc., as follows: 

Section 1. Edmund D. Barbour, George H. Martin, 
William Orr, Paul H. Hanus, Thomas A. Jaggar, Junior, 
Stratton D. Brooks and Courtenay Crocker, their associates 
and successors, are hereby constituted a body corporate by 
the name of the Trustees of Massachusetts College, and 
they and their successors and such persons as shall be duly 
elected members of the corporation shall be a body cor- 
porate by that name forever. Said trustees, except as 
provided in section seven, shall be self-j)erpetuating and 
shall have power, as occasion may require, to elect a presi- 
dent, a treasurer, a secretary and such other officers of the 
corporation as may be found necessary, and to declare the 
duties, salaries and tenures of their respective offices, and 
also to remove any trustee from the said corporation when 
in their judgment he becomes incapable of discharging the 
duties of his office, or shall neglect or refuse to perform the 
same, and also to elect new members of said corporation in 
case of death, resignation or disability. The number of 
members shall be not less than seven nor more than nine. 

Section 2. The said corporation shall have power to 
establish rules for the holding and conduct of its meetings; 
to establish boards of instruction in all departments of 
learning, science and the arts ; to engage the services of 
such professors, tutors, instructors, clerks and other officers 
and employees as they shall deem best, and to determine 
the duties, remuneration and tenures of their respective 
offices and employments. Said corporation is further em- 
powered from time to time to make reasonable rules and 
regulations, not repugnant to the constitution and laws of 
this commonwealth, with reasonable penalties, for the good 



May estab- 
lish rules, etc. 



Acts, 1910. — Chap. 113. 73 

government of said college ; to determine and regulate the 
course of instruction in said college; and to confer the de- 
grees of bachelor of arts and master of arts and the certifi- 
cates and diplomas appertaining thereto. 

Section 3. The said corporation may sue and be sued ^tdgms*"*^ 
by the name of the Trustees of Massachusetts College, and gfants, de- 

, . . . vises, etc. 

may take and hold, in fee simple or otherwise, by gift, 
grant, devise, bequest, purchase or otherwise, any real or 
personal estate or interest therein within or without this 
commonwealth ; but no property situated within this com- Certain 
monwealth owned by said eori^oration in excess of three to^be^exempt 
million dollars shall be exempted from taxation as belong- t™™ *^^'*" 
ing to an educational institution. 

Section 4. The clear rents and profits of all the real Rent and 

j-l'li • 1 • ^ ^^ ^ ■ i profits to be 

estate oi which the said corjDoration shall be seized and used for 
possessed, and all other income, shall be used for education purposes, etc. 
along the lines and in the manner which said corporation 
shall determine will best promote good citizenship within 
the commonwealth. 

Section 5. JSTo instructor in said college shall ever be Religious 
required by the trustees to profess any particular religious opinlons'^not 
or political opinions as a test of office; and no student office ^elr*"* 
shall be refused admission to, or denied any of the privi- 
leges, honors or degrees of, said college, on account of the 
religious or political opinions which he may entertain. 

Section 6. Said corporation is hereby empowered to Powers of the 
purchase, hire, erect and keep in repair such houses and l^nTc^qui^rhTg 
other buildings as it shall deem necessary for the best ot^'he^r^bund- 
interests of said college, but especially it is hereby em- '°ss, etc. 
powered, with the consent of the city or town officials or 
committees having them in charge, to use the school or 
other public buildings of any cities and towns within the 
commonwealth, or, with the consent of the state board of 
education, to use normal or other schoolhouses owned or ■ 
controlled by the commonwealth, for the purposes for which 
it is incorporated, and under such regulations as may be 
fixed by said officials and committees or by the state board 
of education. 

Section 7. The state board of education shall choose one trustee 
one of the trustees of Massachusetts College, who shall by^theboaxd 
serve for such term as said board shall determine, and may "^ education. 
be removed only by approval of said board. 



74 



Acts, 1910. — Chap. 114. 



Board of 
advisers. 



Committee 
on degrees, 
appointment, 
etc. 



Time of 
taking effect. 



SECTIo^^ 8. There shall be a board of advisers, consist- 
ing, with their consent, of the president, or his representa- 
tive, of each of the following named institutions : — 
Harvard, Boston and Clark Universities, Amherst, Boston, 
Clark, Massachusetts Agricultural, Mount Ilolyoke, Holy 
Cross, Radcliffe, Simmons, Smith, Tufts, Welleslej and 
Williams Colleges, Massachusetts Institute of Technology 
and Worcester Polytechnic Institute, and such other per- 
sons as the trustees may appoint. The duty of inspection 
shall devolve upon this board, and its recommendations 
shall be acted on by the board of trustees. Givers of fifty 
. thousand dollars or more for the purposes of the college 
shall be called Founders. 

Skction 9. A committee on degrees, each member of 
which shall serve for five years, consisting of five persons 
23rominently identified with higher education, who are 
wholly unconnected with any teaching or governing board 
of Massachusetts College, shall be appointed by those pres- 
idents of educational institutions or their representatives, 
not less than nine in number, who are members of the 
board of advisers. The first committee, however, shall 
consist of members who shall serve one, two, three, four 
and five years respectively. This committee shall be ap- 
proved annually by the state board of education. This 
committee shall approve the requirements for admission 
and the number and quality of the courses required for the 
degrees conferred by Massachusetts College, and shall, by 
examination or otherwise, determine the fitness of all can- 
didates for degrees in accordance with current college 
standards. No degree shall be conferred without the sig- 
nature of the chairman of this committee. 

Section 10. This act shall take efi"ect when the sum of 
five hundred thousand dollars has been subscribed by bona 
fide and responsible donors, to the satisfaction of the gov- 
ernor and council. Approved Fehruary 28, 1910. 



Clicip.W4: Ax Act relative to the compensation of inspectors 

AND collectors OF MILK. 

Be it enacted, etc., as follows: 
1909, 405 Section 1. Section one of chapter four hundred and 

§ 1, amended. n !• ^ j^ ^ • ^ ^ 

five of the acts of the year nineteen hundred and nine is 



Acts, 1910. — Chap. 115. 75 



hereby amended by striking out the words " selectmen in 
towns appointing them ", at the end th(u-eof, and inserting 
in phice thereof the words : — boards of health in towns, 
or by selectmen acting as such boards, — so as to read as 
follows : — Section 1. The boards of health of cities shall, ^""ji^'apjoint- 
and boards of health of towns or the selectmen acting as ™ent, etc. 
such boards, may, appoint one or more inspectors of milk 
for their respective cities and towns. In cities such in- 
spectors, after appointment, may be removed from office in 
accordance 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 designate. 
Their compensation shall be determined by the boards of 
health in cities, and by the boards of health in towns, or 
by selectmen acting as such boards. 

Section 2. This act shall take effect upon its passage. 
Approved Fehruary 28, 1910. 

AjV Act relative to the magnolia wharf corporation. (JTini) 11 5 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and seventy-six of the i908, 576, 

acts of the year nineteen hundred and eight is hereby ' ^^^^ 
amended by striking out section two and inserting in place 

thereof the following : — Section 2. Said Magnolia Wharf Construction 

. , , . . . «md inain- 

Corporation shall have the right to construct and maintain tenance of a 
on the public landing in that part of Gloucester known as ing, etc. 
Magnolia a wharf or pier, not more than eight feet wide, 
and extending in a general westerly and southwesterly di- 
rection from above high water mark to a point not ex- 
ceeding one hundred and sixty feet below and outside of 
mean low water mark, and may maintain a floating land- 
ing stage at the end thereof. The centre line of said wharf 
or pier, so far as it lies easterly of a line sixty feet below 
and outside of mean low water mark, shall be a line drawn 
in a westerly direction in extension of the present division 
line between land of W. R. ISTelson and land of H. F. Mac- 
Donald. 



76 Acts, 1910. — Chaps. 116, 117. 

1908, 576, Section 2. Said chapter five hundred and seventy-six 

is hereby further amended by striking out section six and 
inserting in place thereof the following : — Section 6. 
This act shall take effect upon its passage. 

Section 3. This act shall take effect upon its passage. 
Approved February 28, 1910. 



Chap.HG An Act to increase the amount of propektv which 

MAY BE HELD BY THE CATHEDRAL CHURCH OF THE DIO- 
CESE OF MASSACHUSETTS. 

Be it enacted, etc., as follows: 

Increasing Section 1. The Cathedral Church of the Diocese of 

of property Massachusctts, incorporated by chapter one hundred and 
be held by scvcnty-five of the acts of the year nineteen hundred and 
Church^'of*'^''' eight, is hereby authorized to hold real and personal prop- 
Mas^achus^eul. e^ty to an amount not exceeding three million dollars. 

Section 2. This act shall take effect upon its passage. 
Approved February 28, 1910. 



Chav.WJ An Act to incorporate the spring hill cemetery 

association. 

Be it enacted, etc., as follows: 

Spring Hill Section 1. Abbie F. ^je, George R. Fish, Abby E. 

As^ciluon Bicknell, Eliza L. Hunt, Annie E. Nye, Charlotte M. 

incorporated. Qj^ipj^^an, Southworth H. Nyc and Everett I. Nye, their 
associates and successors, are hereby made a corporation 
by the name of the Spring Hill Cemetery Association, for 
the purpose of acquiring, holding, maintaining, improving 
and enlarging for a place of burial of the dead, certain land 
in the town of Sandwich, containing about sixty-five square 
rods, set apart for burial purposes by deed from Pel eg Nye 
to Thomas Hamblin and others, in the year eighteen hun- 
dred and thirteen. The said corporation shall have the 
powers and privileges and be subject to the restrictions and 
liabilities set forth in all general laws now or hereafter in 
force applicable to such corporations. 

May acquire Section 2. The Said Corporation is hereby authorized 

and hold a . . i i /■ • i ' i 

certain cera- to acquirc posscssion and control 01 said cemetery, and may 
e ery, e c. purchase from time to time and may acquire by gift, be- 



Acts, 1910. — Chap. 117. 77 

quest, devise or otherwise, and may bold, 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 hereafter Membership 
become proprietors of lots in said cemetery, whether by corporation, 
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 the Proceeds of 
lands of the corporation and all income received from any etc. 
other source by the corporation, the use of which is not 
determined by a trust, shall be applied exclusively to the 
care, maintenance, imj^rovement or embellishment of its 
cemetery and the structures therein, or to the purchase 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 quesTs^'e^c 
hold any gi-ant, gift or bequest of property in trust or other- 
wise, for the care, protection, embellishment, improvement 
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 a 
gift or bequest is made the said corporation may give to the 
person making the same or to his representative an obliga- 
tion binding the corporation to fulfill the terms of the trust. 

Section 6. Said corporation may by its by-laws provide officers, 
for such officers as may be necessary, and may define their duUesfe^tc!^ 
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 T. This act shall take effect upon its passage. 
Approved February 28, 1910. 



78 



Acts, 1910. — Chaps. 118, 119. 



Locust Hill 
Cemetery 
Association 
incorporated. 



Chcip.llS Ax Act to change the name of the new England sab- 
bath PROTECTIVE LEAGUE. 

Be it enacted, etc., as foUows: 

Name Section 1. The iiaiue of the New Enaiand Sabbath 

Protective League is hereby changed to the Lord's Day 
League of J^ew England. 

Section 2. This act shall take effect upon it* passage. 
Approved Fehruary 28, 1910. 

Cha'p.W^ An Act to incokpoeate locust hill cemetery associ- 
ation. 

Be it enacted, etc., as follows: 

Section 1. Francis A. Rugg, George H. Goddard, Ed- 
gar L. Bartlett, Alice P. Johnson, Fanny L. Chenery, 
George D, Payne, A. M. Lyman, James H. Clapp, Florence 
W. Rockwell, Anson F. Cobb, Henry H. Root and Frank 
A. Dean, their associates and successors, are hereby made a 
corporation by the name of Locust Hill Cemetery Associa- 
tion, for the purpose of managing, maintaining, improving 
and embellishing the burial grounds set apart and known 
as the Locust Hill Cemetery, in the town of Montague; 
and said corporation shall have the powers and privileges 
and be subject to the duties, restrictions and liabilities set 
forth in all general laws now or hereafter in force relating 
to such corporations, except as is otherwise provided herein. 

Section 2. Said corporation is hereby authorized to 
acquire 2:)ossession and control of said cemetery, and it may 
purchase from time to time, or acquire by gift, bequest or 
devise, and hold, so much real estate and personal property 
as may be necessary or appropriate for its purposes : pro- 
vided, that nothing herein contained shall affect the indi- 
vidual rights of proprietors in said cemetery, nor any rights 
M'hich the town of Montague may have therein. 

Section 3. The town of Montague may transfer and 
pay over to said corporation any or all trust funds which 
the town or its treasurer in his official capacity now holds 
or may hereafter receive relating to said cemetery or to 
lots therein : provided, that in every such case a majority 
of the legal voters of the town present and voting on the 
question at a meeting duly held for the purpose authorize 
the transfer to be made. The corporation shall hold all 



May acquire 
and hold 
a certain 
cemetery, 
etc. 



Proviso. 



Certain 
trust funds 
may be paid 
to the cor- 
poration, etc. 



Proviso. 



Acts, 1910. — Chap. 119. 79 

the funds so transferred and j^aid over for the same uses 
and purposes and charged with the same trusts for and 
subject to which the same are now, or shall at the time be, 
held by the town of Montague. 

Section 4. Said corporation is authorized to take and Jues'ts%tc.' 
hold any grant, gift or bequest of property in trust or other- 
wise, for the care, maintenance, protection, improvement, 
or enlargement of its cemetery, or for the care, protection, 
improvement, embellishment or alteration of any lot, tomb, 
monument or structure therein, or for planting and culti- 
vating trees, shrubs or plants, or otherwise improving the 
premises in any manner consistent with the purposes for 
which the cemetery is established; and when such a gift 
or bequest is made in trust, said corporation may give to 
the person making the same, or to his representative, an 
obligation binding the corporation to fulfill the terms of 
the trust. 

Section 5. Only persons who now are or may hereafter Membership 
become owners of lots or of interests in lots in the land corporation, 
included in said cemetery, or which may hereafter be in- 
cluded therein, and who shall sign the by-laws of said 
corporation, may be members thereof; and whenever any 
person shall cease to be a proprietor of such a lot or of an 
interest therein, he shall cease to be a member of the cor- 
poration. 

Section 6. Said corporation may by its by-laws pro- Boards and 
vide for such boards and other officers as may be deemed powers'and 
necessary, and define their powers and duties ; may regu- '^^*'®^' ®*<'- 
late the admission of members ; provide for the care and 
management of trust and other funds which it may hold ; 
and determine the methods and agencies by which the 
purposes of the corporation shall be carried out. 

Section 7. The net proceeds of the sale of lots in the. Proceeds of 
lands of the corporation and all income received from any etc. 
other source by the corporation, the use of which is not 
determined by a trust, shall be applied exclusively to the 
care, maintenance, improvement or embellishment of its 
cemetery and the structures therein, or to the purchase of 
additional land for cemetery purposes, and to the payment 
of current and incidental expenses of the cemetery, and 
to no other purpose. 

Section 8. This act shall take effect upon its passage. 
Approved February 28, 1910. 



80 Acts, 1910. — Chaps. 120, 121. 

Chap.X^O Ax Act relative to the charter of tpie trustees of 

THE EPISCOPAL THEOLOGICAL SCHOOL. 

Be it enacted, etc., as follows: 

l^2.'^ete^,^' Section 1. Section two of chapter three hundred and 

amended. thirty-three of the acts of the year eighteen hundred and 

sixty-seven, as amended by chapter thirty-seven of the 

acts of the year eighteen hundred and eighty-nine, is hereby 

further ameuded by striking out said section and inserting 

Trustees, ijj place thereof the following : — Section 2. The number 

etc. /• • 1 • 

of said trustees shall be nine, and in case of a vacancy 
caused by the death, resignation, permanent incapacity or 
removal of any trustee, a new trustee shall be elected by the 
surviving or remaining trustees ; and any trustee may be 
removed from office by the unanimous vote of all the 
remaining trustees. Said trustees may appoint such offi- 
cers as they think fit for the management of the affairs of 
the corporation, and they shall appoint all professors, lec- 
turers, tutors and instructors in the said school, prescribe 
their duties, and fix their salaries and tenure of office. 
Sectio:v 2. This act shall take efi"ect upon its passage. 
Approved February 28, 1910. 

Chap.121 An Act relative to the manual of the general 

COURT. 

Be it enacted, etc., as folloivs: 

?f'the'man°uai Section 1. Of the manual of the general court twelve 
of the gen- hundred copies shall first be delivered at the legislative 
document room in the state house for distribution by the 
clerks of the two branches in accordance with the provi- 
, sions of section ten of chapter nine of the Revised Laws ; 
and, after the secretary of the commonwealth has been 
supplied from the ensuing deliveries with a sufficient num- 
ber of copies of the book to enable him to complete the 
distribution which the law specifically requires to be made, 
the remaining copies shall be delivered at the legislative 
document room for distribution by the clerks of the two 
branches in the manner provided by said section ten. 

Section 2. This act shall take effect upon its passage. 
Approved February 28, 1910. 



Acts, 1910. — Ciiap. 122. 81 

An Act relative to the commitment of the insane. (JJkxjj V2t'2i 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and six of chapter five 1909, 504, 
hundred and four of the acts of the year nineteen hundred fm^nded. 
and nine is hereby amended by striking out the second sen- 
tence and inserting in place thereof the following : — If 
the judge finds in accordance with the provisions of sec- 
tions eleven, twenty-nine and thirty that the prisoner is 
insane and that his removal is expedient, he shall order 
the removal of such prisoner, if a male to the Bridgewater 
state hospital, if a female to one of the other state hospitals 
for the insane, pursuant to the provisions of said sections : 
provided, that if a male prisoner has not been criminal and 
vicious in his life the judge may order him removed to one 
of the other state hospitals for the insane, — so as to read 
as follows: — Section 106. If a prisoner under sentence Removal of 
in a jail, house of correction, or prison other than those on«°fe'tc!^ 
named in the preceding section, apjDears to be insane, the 
physician in attendance shall make a report thereof to the 
jailor or master who shall transmit the same to one of the 
judges mentioned in section twenty-nine. If the judge 
finds in accordance with the provisions of sections eleven, 
twenty-nine and thirty that the prisoner is insane and that 
his removal is expedient, he shall order the removal of such 
prisoner, if a male to the Bridgewater state hospital, if a 
female to one of the other state hospitals for the insane, 
pursuant to the provisions of said sections : provided, that 
if a male prisoner has not been criminal and vicious in his 
life the judge may order him removed to one of the other 
state hospitals for the insane. A physician, other than the 
physician in attendance at the place of detention, making 
the certificate, shall be entitled to the compensation pro- 
vided by section forty-eight. If a person so removed is in 
the opinion of the trustees and superintendent of the hos- 
pital restored to sanity, he shall forthwith be returned to 
the prison or house of correction from which he was re- 
moved, there to remain pursuant to the original sentence 
computing the time of detention or confinement in the hos- 
pital as part of the term of imprisonment. 

Section 2. This act shall take efl^ect upon its passage. 
Approved February 28, 1910. 



82 



Acts, 1910. — Chaps. 123, 124. 



(7^«p.l28 Ax Act to authorize the treasurer and receiver gen- 
eral TO BORROW MONEY TEMPORARILY IN ANTICIPATION 
OF AN ISSUE OF BONDS, NOTES OR OTHER CERTIFICATES 
OF INDEBTEDNESS. 



The treasurer 
and receiver 
general may 
make a tem- 
porary loan 
in anticipa- 
tion of an 
issue of 
bonds, etc. 



When the general court authorizes the issue 



Be it enacted J, etc., as follows: 

Section 1 

of bonds, notes or other certificates of indebtedness, the 
treasurer and receiver general, with the approval of the 
governor and council, may in the name of the common- 
wealth, make a temporary loan for a period of not more 
than one year in anticipation of the money to be derived 
from the sale of such bonds, notes or other certificates of 
indebtedness ; but the time within which such securities 
shall become due and payable shall not be extended, by 
reason of the making of such temporary loan, beyond the 
time fixed by the act or acts authorizing the issue of such 
bonds, notes, or other certificates of indebtedness. 

Section 2. This act shall take eff^ect upon its passage. 
Approved February 28, 1910. 



Chap.124: An Act to limit the authority of a gas or electric 

LIGHT COMPANY TO CHANGE ITS CORPORATE BUSINESS. 



R. L., 110, 
§ 47, 
amended. 



Change of 
corporate 
business. 



Be it enacted, etc., as follows: 

Section 1. Section forty-seven of chapter one hundred 
and ten of the Revised Laws is hereby amended by insert- 
ing after the word '' chapter ", in the sixth line, the words : 

— and if incorporated for the purpose of making, selling 
or distributing gas for light or for heating, cooking, chem- 
ical and mechanical purjioses, it shall not engage in the 
business of making or selling electricity for light, heat or 
power, unless duly authorized to engage therein as pro- 
vided in section fourteen of chapter one hundred and 
twenty-one of the Revised Laws, and if incorporated for the 
purpose of making or selling electricity for light, heat or 
power, it shall not engage in the business of making, selling 
or distri])uting gas for light or for heating, cooking, chem- 
ical and mechanical purposes, — so as to read as follows : 

— Section Jf.7. A corporation which is subject to the pro- 
visions of this chapter may, by a vote of all its stockholders 
at a meeting duly called for the purpose, alter, add to or 



Acts, 1910. — Chai\ 125. 83 

change the business for the transaction of which it was in- 
cor])orated, but it shall not engage in any business which is 
not authorized by the provisions of this chapter, and if 
incor})orated for the purpose of making, selling or distrib- 
uting gas for light or for heating, cooking, chemical and 
mechanical purposes, it shall not engage in the business of 
making or selling electricity for light, heat or power, unless 
duly authorized to engage therein as provided in section 
fourteen of chapter one hundred and twenty-one of the 
Revised Laws, and if incorporated for the purpose of mak- 
ing or selling electricity for light, heat or power, it shall 
not engage in the business of making, selling or distribut- 
ing gas for light or for heating, cooking, chemical and 
mechanical purposes. A certificate setting forth such alter- 
ation, addition or change, signed and sworn to by the presi- 
dent, treasurer and a majority of the directors, shall be 
filed in the office of the secretary of the commonwealth. 
Section 2. This act shall take effect upon its passage. 
Approved February 28, 1910. 



An Act to pkovide for the licensing of boats other 

THAN steamboats CARRYING PASSENGERS ON INLAND 
WATERS. 



(7Aap.l25 



Be it enacted, etc., as follows: 

Section 1. Section one hundred and eighty-one of ^- L- 102, 
chapter one hundred and two of the Revised Laws is hereby amended, 
amended by inserting after the word " steamboat ", in the 
second line, the words : — or other boat pro])elled by power 
other than muscular power, — and by inserting after the 
word " conveyance ", in the third line, the words : — for 
hire, — so as to read as follows: — Section 181. The steamboats, 
mayor and aldermen of a city or the selectmen of a town fand°vaters. 
may license any person to run a steamboat or other boat 
propelled by power other than muscular power for the con- 
veyance for hire of passengers on lakes, ponds or waters 
which are not within the maritime jurisdiction of the 
United States. 

Section 2. Section one hundred and eighty-two of said ^-^g.^ ^°-' 
chapter is hereby amended by inserting after the word amended. 
'' steamboat ", in the fifth line, the words : — or other boat, 
— and by inserting after the word " time ", in the sixth 
line, the words: — -with the number of life preservers that 



84 



Acts, 1910. — Chap. 126. 



Form, etc., 
of licenses. 



R. L., 102, 
§ 183, 
amended. 



Penalty. 



shall be carried, and, — so as to read as follows : — Section 
182. Such licenses shall be granted for a term of not more 
than one year and shall be recorded by the clerk of the city 
or town in which they are granted, who shall receive a fee 
of one dollar for recording each license. Every such license 
shall set forth the name of the steamboat or other boat, of 
the master and owner, and the number of passengers it is 
permitted to carry at any one time, with the number of life 
preservers that shall be carried, and shall be posted in a 
conspicuous place therein, and the number of passengers 
specified in such license shall in no case be exceeded. 

Section 3. Section one hundred and eighty-three of 
said chapter is hereby amended by inserting after the word 
" steamboat ", in the first line, the words: — or other boat 
propelled by power other than muscular power, — by in- 
serting after the word '' passengers ", in the second and 
fourth lines, the words : — for hire, — and by inserting 
after the word "^ steamboat ", in the fourth line, the words : 
— or other boat, — so as to read as follows : — Section 183. 
Whoever runs a steamboat or other boat propelled by power 
other than muscular power for the conveyance of passen- 
gers for hire on such waters without first obtaining such 
license from the mayor and aldermen of every city and the 
selectmen of every town within which such steamboat or 
other boat lands or receives passengers for hire shall be 
punished by a fine of not more than fifty dollars for each 
ofi^ence. Approved February 28, 1910. 



Chap.l2G An Act to kequiee employees in the depaetment of 
THE tkeasueer and eeceiver geneeal to give bonds 

FOE THE FAITHFUL PERFOEMANCE OF TIIEIE DUTIES. 

Be it enacted, etc., as follows ■' 

Section 1. The employees in the department of the 



Certain em- 
ployees to 
give bond. 



treasurer and receiver general shall give bond to the com- 
monwealth Avith sureties, to be approved by the treasurer 
and receiver general, in such sum as he may require, for 
the faithful performance of their duties, the expense of 
which shall be paid by the commonwealth. 

Section 2. This act shall take effect upon its passage. 
Approved February 28, 1910. 



Acts, 1910. — Chap. 127. 85 



As Act making appropriations for the salaries and (JJian.Vll 

EXPENSES OF THE DISTRICT POLICE. 

Be il enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth poUce. '^''^"'^ 
from the ordinary revenue, for the salaries and expenses 
of the district police, for the fiscal year ending on the thir- 
tieth day of Xovember, nineteen hundred and ten, to 
wit : — ' 

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

For the salary of the first clerk, fifteen hundred dollars. First clerk. 

For the salary of the second clerk, one thousand dollars, second clerk. 

For postage, printing, stationery, telephone, telegraph, Expen.ses. 
incidental and contingent office expenses, including the 
printing and binding of the annual report, a sum not ex- 
ceeding seventy-five hundred dollars. 

DETECTIVE DEPARTMENT. 

For the salary of the deputy chief, twenty-four hundred Deputy chief, 
dollars. 

For the salary of the clerk, twelve hundred dollars. cierk. 

For the salaries of the stenographers, three thousand stenog- 

o 1 7 raphers. 

dollars. 

For compensation of the members, a sum not exceeding compensa- 
twenty-two thousand eight hundred dollars. members. 

For compensation of fire inspectors, twelve thousand Fire 
three hundred dollars. 

For travelling expenses of the members, a sum not ex- Travelling 
ceeding twelve thousand five hundred dollars. expenses. 

For special services and expenses of persons employed fg^vTc^s, etc. 
under the direction of the deputy chief of the detective de- 
partment, in the investigation of fires, including witness 
fees, travel, contingent and incidental expenses, a sum not 
exceeding two thousand dollars. 

INSPECTION DEPARTMENT. 

For the salary of the deputy chief, twenty-four hundred Deputy chief. 
dollars. 

For the salarv of the chief inspector of boilers, two thou- Chief in- 
sand dollars. ^ Krs'°' 



86 

Clerks. 



Compensa- 
tion of 
members. 

Travelling 
expenses. 

Board of 
boiler rules. 

Expenses. 



Steamer 
Lexington. 



Certain 
apparatus. 



Investiga- 
tion work, 
etc. 



Acts, 1910. — Chaps. 128, 129. 

For the salaries of the clerks, fifty-one hundred and 
eighty-five dollars. 

For the compensation of the members, a sum not exceed- 
ing seventy thousand dollars. 

For travelling expenses of the members, a sum not ex- 
ceeding nineteen thousand dollars. 

For compensation of the board of boiler rules, a sum not 
exceeding one thousand dollars. 

For expenses of the board of boiler ndes, a sum not ex- 
ceeding seven hundred and fifty dollars. 

For expenses of operating the steamer Lexington, used 
in the enforcement of the fish laws of the commonwealth, 
a sum not exceeding nine thousand dollars. 

For maintaining apparatus for testing applicants for 
moving picture licenses, and for materials to operate the 
same, a sum not exceeding three hundred dollars. 

For investigation work and apparatus, and for mainte- 
nance in the boiler inspection department, a sum not ex- 
ceeding one thousand dollars. 

Section 2. This act shall take efl^ect upon its passage. 
Approved February 28, 1910. 



Chap.l2o Ax Act to authorize the town of dedham to appro- 
priate MONEY FOR AN ANNIVERSARY CELEBRATION. 



The town of 
Dedham may 
appropriate 
money for an 
anniversary 
celebration. 



Be it enacted, etc., as follows: 

The town of Dedham is hereby authorized to raise by 
taxation and to appropriate such amount of money as may 
be authorized by a two thirds vote of the voters of the town 
voting thereon at an annual town meeting or at a special 
town meeting duly called for the purpose, for the celebra- 
tion in the year nineteen hundred and eleven of the two 
hundred and seventy-fifth anniversary of its incorporation, 
and for publishing the proceedings thereof. 

Approved February 28, 1910. 



Chap.l2^ An Act relative to the American academy of arts 

AND SCIENCES. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter forty-six of the acts 



1779, 46, 

§ 4, amended. 



of the year seventeen hundred and seventy-nine, passed 



Acts, 1910. — Chap. 129. 



87 



May fourth, seventeen hundred and eighty, which incorpo- 
rated the American Academy of Arts and Sciences, is 
hereby amended by striking out in the proviso at the end of 
said section, the word " two ", before the word " hundred ", 
and inserting in place thereof the word : — three, — so as 
to read as follows: — Section 4- That the fellows of the 
said academy, may from time to time, elect such persons to 
be fellows thereof, as they shall judge proper; and that 
they shall have full power and authority from time to time 
to suspend, expel or disfranchise, any fellow of the said 
academy, who shall by his conduct, render himself un- 
worthy of a place in that body, in the judgment of the 
academy ; and also to settle and establish the rules, forms 
and conditions of election, suspension, expulsion and dis- 
franchisement : provided, that the number of the said acad- 
emy, who are inhabitants of this state, shall not at any one 
time, be more than three hundred, nor less than forty. 

Section 2. Said chapter forty-six is hereby further 
amended by striking out section six and inserting in place 
thereof the following : — Section 6. That the fellows of the 
said academy may, and shall, forever, hereafter, be deemed 
capable, in the law, of having, holding and taking, in fee- 
simple or any less estate, by gift, grant, devise or otherwise, 
any lands, tenements or other estate, real and personal : 
provided, that the said real estate shall not exceed in value 
the sum of one hundred thousand dollars, and the said per- 
sonal estate shall not exceed in value the sum of three hun- 
dred thousand dollars ; all the sums mentioned in the pre- 
ceding section of this act to be valued in silver, at the 
rate of six shillings and eightpence by the ounce: and the 
annual interest and income of the said real and personal 
estate, together with the fines and penalties aforesaid, shall 
be appropriated for premiums, to encourage improvements 
and discoveries in agriculture, arts and manufactures, or 
for other purposes consistent with the end and design of the 
institution of the said academy, as the fellows thereof shall 
determine. 

Section 3. This act shall take effect upon its passage. 
Approved February 28, 1910. 



Membership 
of corpora- 
tion. 



Proviso. 



1779, 46, 
§ 6, further 
amended. 

May hold 
lands, tene- 
ments, etc. 



Proviso. 



committees 
in towns. 



88 Acts, 1910. — Chaps. 130, 131, 132. 

(7/i«29.130 Ax Act eelative to the appointment and duties of 

ADVISORY OR FINANCE COMMITTEES IN TOWNS AND TO 
BY-LAWS CONCERNING SUCH COMMITTEES. 

Be it enacted, etc., as follows: 

finance^^"^ Section 1. A town may by by-laws provide for the 

appointment and duties of advisory or finance committees, 
who may consider any or all municipal questions for the 
purpose of making reports or recommendations to the town ; 
and such by-laws may provide that committees so appointed 
may continue in office for a term or terms not exceeding 
three years from the date of their appointment, 
laws shall Section 2. By-laws relating to advisory or finance com- 

take effect. mittccs heretofore adopted by towns, concerning which no 
action has been taken by the attorney-general, shall take 
effect upon their approval and publication as provided by 
law. 

Section 3. This act shall take effect upon its passage. 
Approved February 28, 1910. 

Chap.VSl An Act relative to streets and ways in the city of 

WORCESTER. 

Be it enacted, etc., as follows: 
Repeal. Section 1. Chapter one hundred and eighty-eight of 

the acts of the year eighteen hundred and fifty, entitled 
" An Act concerning streets and ways in the city of Worces- 
ter ", is hereby repealed. 

Section 2. This act shall take effect upon its passage. 
Approved February 28, 1910. 

Chap.liS^ An Act relative to the acquisition by the city of 

WORCESTER OF LAND FOR SLAUGHTER HOUSES AND OTHER 
PURPOSES. 

Be it enacted, etc., as follows: 

Repeal. Section 1. Chapter two hundred and eighty-two of the 

acts of the year eighteen hundred and seventy-three, enti- 
tled, " An Act to authorize the city of Worcester to pur- 
chase land for slaughter houses ", is hereby repealed. 

^^P^^^- Section 2. Chapter two hundred and twenty-nine of 

the acts of the year eighteen hundred and seventy-four, 



Acts, 1910.— Chaps. 133, 134. 89 

entitled, " An Act to authorize the city of Worcester to 
take and hold land for slaughter houses and other pur- 
poses ", is hereby repealed. 

Section 3. This act shall take effect upon its passage. 
Approved February 28, IV 10. 



An Act relative to the trustees of tufts college. Chap.133 
Be it enacted^ etc., as follows: 

Section 1. The corporation known as Trustees of Tufts Powers of 
College, in addition to the powers already vested in it by its of Tuft's^ ^^"^ 
charter and the several acts in amendment thereof, is '^^'"^se. 
hereby authorized to receive and hold in fee, or any less 
estate, by gift, grant, bequest, devise or otherwise, any 
land, tenements or other estate, real or personal, for the 
education of men or women in other institutions, incor- 
porated in this commonwealth for that purpose, and asso- 
ciated with, but not a part of the college now maintained 
by said Trustees of Tufts College. 

Section 2. This 'act shall take eifect upon its passage. 
Approved February 28, 1910. 



Chaj).lM 



An Act to create the Massachusetts commission on 
the cost of living. 

Be it enacted, etc., as follows: 

Section 1. A commission, which shall be known as the Massachusetts 
Massachusetts Commission on the Cost of Living, is hereby on^the «)st"of 
created to investigate thoroughly the cost of living in this iJvmg created. 
commonwealth. The commission shall report its findings 
and recommendations to the general court not later than 
the first day of May in the year nineteen hundred and ten. 

Section 2. It shall be the duty of said commission to Duty of the 

• . ,1 £ J.^ • ^ • ji jA commission. 

inquire into the causes of the increased prices of the neces- 
saries of life, as compared with wages and income, and to 
inquire into the direct and indirect eft'ect of our present 
tariff laws upon wages, income and cost of living. 

Section 3. The members of the said commission shall tlons'or' 
be chosen with a view to their special knowledge of law, members. 
trade, labor and political economy, and shall consist of five 
persons to be appointed by the governor with the consent of 
the council. 



90 



Acts, 1910. — Chaps. 135, 186. 



Powers, etc. 



Expenditure. 



Section 4. The commission shall have power to compel 
the attendance of witnesses and the production of books and 
papers, and shall, with the approval of the governor and 
council, have the right to travel. The commission may em- 
ploy such clerical assistance as it deems necessary. The 
governor and council shall determine what compensation, 
if any, members of the commission shall receive. 

Section 5. A sum not exceeding fifteen thousand dol- 
lars may be expended in carrying out the provisions of this 
act. 

Section 6. This act shall take effect upon its passage. 
Approved February 28, 1910. 



Chap.lS5 An Act to authorize the trustees of the chapter 

OF THE ALPHA DELTA PHI FRATERNITY IN WILLIAMS COL- 
LEGE TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The corporation known as the Trustees of 
the Chapter of the Alpha Delta Phi Fraternity in Williams 
College is hereby authorized to hold real and personal 
estate to an amount not exceeding two hundred thousand 
dollars, which property, and the income derived from it, 
shall be devoted to the purposes set forth in its charter or 
agreement of association ; and it may receive and hold, in 
trust or otherwise, proj^erty given or bequeathed to it for 
the purposes aforesaid. 

Section 2. This act shall take effect upon its passage. 
Approved Fehi'uary 28, 1910, 



Trustees of 
the Chapter 
of the Alpha 
Delta Phi 
Fraternity to 
hold real and 
personal 
estate, etc. 



Chap.1^6 An Act relative to the municipal election and the 

MUNICIPAL YEAR IN THE CITY OF HOLYOKE. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter four hundred and 
thirty-eight of the acts of the year eighteen hundred and 
ninety-six is hereby amended by striking out the word 
" second ", in the second line, and inserting in place thereof 
the word : — first, — so as to read as follows : — Section 5. 
The municipal election shall take place annually on the 
first Tuesday of December, and the municipal year shall 
begin at ten o'clock in the morning on the first Monday of 
January next following, and continue until ten o'clock in 



1896, 438, 
§ 5, amended. 



Municipal 
election. 



Acts, 1910. — Chaps. 137, 138. 91 

the morning on the first Monday of Jannaiy next fol- 
lowing. 

Section 2. This act shall take effect upon its accept- j^^^^ " g,^rg^., 
ance by the board of aldermen of the city of Ilolyoke. 

Approved February 28, 1910. 

An Act to repeal an act relative to the method of Chap.Vdl 

COMPUTING INTEREST ON CERTAIN LOANS AND PUR- 
CHASES BY THE COIMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and forty-eight of the Repeal, 
acts of the year nineteen hundred and nine, relative to the 
method of computing interest on all loans of money made 
to or by the commonwealth and on all bonds or notes pur- 
chased or held by the commonwealth, is hereby repealed. 

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

Approved March 1, 1910. 



Cha2)A38 



An Act to authorize the town of west bridgewater 

to supply itself and its INHABITANTS WITH WATER. 

Be it enacted, etc., as follows: 

Section 1. The town of West Bridgewater may supply The town of 
itself and its inhabitants with water for the extinguishment water may 
of fires and for domestic, manufacturing and other pur- etc^fwith^^^' 
poses, to be obtained from the city of Brockton upon such '"^^ter. 
terms as may be agreed upon by said city and said town ; 
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 purpose of receiving, May lay or 
holding and distributing the said water, may lay or con- p^pesTnd 
struct pipes and such other works and structures as may be °^^^^ works, 
necessary under or over any lands, water courses, railroads, 
railways and public or other ways, and along any way in 
the town of West Bridgewater, in such manner as not un- 
necessarily to obstruct the same ; and for the purposes 
aforesaid the said town may dig up any such lands or ways 
in such manner as to cause the least hindrance to public 
travel ; and all things done upon any such way shall be 
subject to the direction of the selectmen of said town. The 



92 



Acts, 1910. — Chap. 138. 



Description 
of land, etc., 
taken to be 
filed. 



Damages. 



Town of West 
Bridgewater 
Water Loan, 
Act of 1910. 



Proviso. 



Payment of 
loan. 



said town may also take, or acquire by lease, purchase or 
otherwise, and may hold all lands, rights of way and ease- 
ments in the said town necessary for receiving, holding and 
distributing the said water. 

Sectiois" 3. Said town shall within ninety days after 
the taking of any lands, rights of way or easements as 
aforesaid, file and cause to be recorded in the registry of 
deeds for the district in which the same are situated, a 
description thereof sufficiently accurate for identification, 
wath a statement of the purpose for which the same were 
taken, signed by the water commissioners hereinafter pro- 
vided for. 

Sectiox 4. Said town shall pay all damages to property 
sustained by any person or corporation by the taking of any 
land, right of way or easement, or by any other thing done 
by said town under authority of this act. Any person or 
corporation sustaining damages as aforesaid, and unable to 
agree with the said town upon the amount thereof, may 
have them assessed in the manner provided by law with 
respect to land taken for the laying out of highways. Any 
application for the assessment of damages arising under 
this act shall be made within two years after the doing of 
such damage. 

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 twenty thousand 
dollars. Such bonds, notes or scrip shall bear on their face 
the words. Town of West Bridgewater Water Loan, Act of 
1910; shall be payable at the expiration of periods not ex- 
ceeding thirty years from the dates of issue ; shall bear 
interest payable semi-annually at a rate not exceeding five 
per cent per annum ; and shall be signed by the treasurer 
of the town and countersigned by the water commissioners 
hereinafter provided fen-. The town may sell such securi- 
ties at public or private sale, or pledge the same for money 
borrowed for the purposes of this act, upon such terms and 
conditions as it may deem proper: provided, that the secur- 
ities shall not be sold for less than the par value thereof. 

Sectiox 6. Said town shall at the time of authorizing 
said loan provide for the payment thereof in such annual 
proportionate payments, beginning not more than five years 
after the first issue of such bonds, notes or scrip, as will 



Acts, 1910. — Chap. 138. 



93 



extinguish the same within the time prescribed by this act ; 
and when a vote to that effect has been passed, a sum which 
with the income derived from water rates will be sufficient 
to pay the annual expense of operating its water works and 
the interest as it. accrues on the bonds, notes or scrip issued 
as aforesaid by said town, and to make such payments on 
the principal as may be required under the provisions of 
this act, shall without further vote be assessed by the 
assessors of the town in each year thereafter, in the same 
manner in which other taxes are assessed, until the debt in- 
curred by said loan is extinguished. 

Sectiox 7. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water taken or held under this act, 
or injures any structure, work or other property owned, 
held or used by said town under authority of this act, shall 
forfeit and pay to the town three times the amount of dam- 
ages assessed therefor, to be recovered in an action of tort ; 
and upon being convicted of any of the above wilful or 
wanton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment in jail for a term not 
exceeding one year. 

Section 8. Said town shall, after its acceptance of this 
act, at the same meeting at which the act is accepted or 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 succeeding annual 
town meeting, to constitute a board of water commission- 
ers ; 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 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 commis- 
sioners shall constitute a quorum for the transaction of 
business. Any vacancy occurring in said board from any 
cause may be filled for the remainder of the unexpired 
term by said town at any legal town meeting called for the 
purpose. Any such vacancy may be filled temporarily by 
a majority vote of the selectmen, and the person so ap- 
pointed shall hold office until the town fills the vacancy in 
the manner herein provided for. 



Penalty for 
corrupting 
or polluting 
water. 



Board of 
water com- 
missioners, 
election, etc. 



Vacancy. 



94 



Acts, 1910. — Chap. 139. 



To fix prices 
and rates for 
the use of 
water. 



Surplus to 
be used in 
new construc- 
tion, etc. 



Time of 
taking effect. 



Section 9. Said commissioners shall fix just and equita- 
ble prices and rates fur 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 operating expenses, 
interest charges and payments on the princii^al as they 
accrue upon any bonds, notes or scrip issued under author- 
ity of this act. If there should be a net surplus remaining 
after providing for the aforesaid charges, it shall be used 
for such new construction as the water commissioners may 
determine upon, and in case a surplus should remain after 
payment for such new construction the water rates shall 
be reduced proportionately. No money shall be expended 
in new construction by the water commissioners except 
from the net surplus aforesaid, unless the town appropri- 
ates and provides money therefor. Said commissioners 
shall annually, and as often as the town may require, ren- 
der a report upon the condition of the works under their 
charge and an account of their doings, including an account 
of receipts and expenditures. 

Section 10. This act shall take effect upon its accept- 
ance by a majority of the legal voters of the town of West 
Bridgewater present and voting thereon at an annual meet- 
ing or at a special meeting called for the purpose within 
three months after its passage. 

Approved March 2, 1910. 



Appropria- 
tions. 



C/?^A».139 Ax Act making appropriations for the salaries and 

EXPENSES OF THE MASSACHUSETTS HIGHWAY COMMIS- 
SION. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the salaries and expenses 
of the Massachusetts highway commission, for the fiscal 
year ending on the thirtieth day of N^ovember, nineteen 
hundred and ten, to wit : — 

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

For the salaries of the engineers, clerks and assistants, 
a sum not exceeding twenty thousand dollars. 

For travelling and other expenses of the commission, a 
sum not exceeding four thousand dollars. 



Highway com- 
missioners. 

Engrineers. 
etc. 

Travelling 
expenses, etc. 



Acts, 1910. — Chaps. 140, 141, 142. 95 

Eor pi'iiitinii;, postage and oilier necessary offieo expenses, Office 

IT 1 • , • 1 1 • 1 • /• 1 ' 1 i expenses. 

including the printing and binding oi tiie annual report, a 
sum not exceeding six thousand dollars. 

For rent of offices, a sum not exceeding forty-seven hun- Rent of 

'^ -^ offices. 

dred and fifty dollars. 

For care and repair of road-building machinery, a sum ,^°|!h;'^e"y '"^ 
not exceeding three thousand dollars. 

For the maintenance of state highways, for the present ^f^ijlg^^^^ys^ 
year and for previous years, a sum not exceeding two hun- 
dred thousand dollars. 

For the suppression of the gypsy and brown tail moths in ^"pp'"^^,^!^^"^ 
state highways, a sum not exceeding ten thousand dollars, brown tail 

~ . moths 

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

Approved March 2, 1910. 

An Act relative to the tenure of office of members Cliap.\4S) 

OF THE POLICE FORCE OF THE CITY OF WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and sixty of the acts Repeal, 
of the year eighteen hundred and eighty-eight, entitled, 
'' An Act to fix the tenure of office of members of the jDolice 
force of the city of Worcester ", is hereby repealed. 

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

Approved March 2, 1910. 

An Act to prohibit the use of fire balloons. Chap.X4A. 

Be it enacted, etc., as follows: 

It shall be unlawful within any city or town in this com- To prohibit 
mon wealth for any person to liberate or fly fire balloons of firebaUoons. 
any description. Whoever violates this act shall be pun- 
ished by a fine of not more than one hundred dollars, or by 
imprisonment for not more than one month, or by both such 
fine and imprisonment. 

Approved March 2, 1910. 

An Act making appropriations for the salaries and (JJiar) 142 

EXPENSES of the HARBOR AND LAND COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the harbor and land com- 



96 



Acts, 1910. — Chap. 143. 



Harbor and 
land com- 
missioners. 

Engineers, 
etc. 



Travelling 
expenses, etc. 

Office 
expenses. 



Town bound- 
ary atlases. 



Inspection of 
town boundary 
marks. 



Protection 
of rivers, 
harbors, etc. 



Surveys of 
harbors, etc. 



Removal 
of wrecks. 



missioners, for the fiscal year ending on the thirtieth clay 
of November, nineteen hundred and ten, to wit : — 

For the salaries of the commissioners, eighty-seven hun- 
dred dollars. 

For the compensation and expenses of engineers, and for 
clerical and other assistance, a sum not exceeding thirty- 
three thousand dollars. 

For travelling and other necessary expenses, a sum not 
exceeding seven hundred and fifty dollars. 

For incidental and contingent office expenses, to include 
the printing and binding of the annual report, a sum not 
exceeding two thousand dollars. 

For printing town boundary atlases, a sum not exceed- 
ing two thousand dollars. 

For expenses of the examination and inspection of all 
monuments or other marks defining the boundary lines of 
the commonwealth, a sum not exceeding fifteen hundred 
dollars. 

For the improvement and protection of rivers, harbors, 
tide waters and foreshores, a sum not exceeding one hun- 
dred thousand dollars. 

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

For the removal of wrecks and other obstructions from 
tide waters, a sum not exceeding two thousand dollars. 

Section 2. This act shall take eff^ect upon its passage. 

Approved March 2, 1910. 



1908, 335, 
§ 2, amended. 



Chap. 14:6 An Act relative to the use of buildings as theatres 

AXD PUBLIC HALLS. 

Be it enacted, etc., as foUows: 

Section two of chapter three hundred and thirty-five of 
the acts of the year nineteen hundred and eight is hereby 
amended by adding at the end thereof the words : — The 
license granted under the provisions of chapter one hundred 
and five of the acts of the year nineteen hundred and six 
shall expire on the first day of June of each year, — so as 
to read as follows : — Section 2. Any licensee who violates 
the conditions of a license granted by the chief of the dis- 
trict police in accordance with the provisions of chapter 



Penalty for 
violating 
conditions 
of license. 



Acts, 1910. — Chaps. 144, 145. 97 

four hundred and fifty of the acts of the year nineteen hun- 
dred and four, of chapter three hundred and forty-two of 
the acts of the year nineteen hundred and five, or of chap- 
ter one hundred and five of the acts of the year nineteen 
hundred and six, may be punished by a fine of not less than 
twenty-five nor more than one thousand dollars, or by im- 
prisonment for not more than one year, and his license may 
be revoked as provided in said chapters. The license 
granted under the provisions of chapter one hundred and 
five of the acts of the year nineteen hundred and six shall 
expire on the first day of June of each year. 

Approved March 2, 1910. 

Ax Act to revive the moegax motor compaxy for Clian.^^^ 

CERTAIX PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The corporation formerly known as the Corporate 
Morgan Motor Company, duly established under the laws revived, 
of this commonwealth, and located in the city of Worces- 
ter, and dissolved by a decree of the supreme judicial court 
under date of April fourteenth, nineteen hundred and four, 
is hereby revived for the sole purpose of enabling it to 
acquire and assign or release all its right, title and interest 
in and to patent, number eight hundred thousand one hun- 
dred and sixty-four, issued to it by the United States patent 
office, September twenty-sixth, nineteen hundred and five, 
as the assignee of Thomas E. Morford and William V. 
Lowe. 

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

Approved March 2, 1910. 



Ax Act relative to the names of private ways in the 

CITY OF WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester is hereby authorized. Designation of 
by vote of the city council, to designate the names of all priVate ways. 
private ways hereafter established or used by the public in 
said city. 

Section 2. !N"o private way opened for use by the public xo private 
in the city of Worcester shall hereafter be named except by Tp^ned.^'ex- 
vote of approval thereof by the city council of said city. ^'^^'^- ^"^• 



Chap.l4:5 



98 Acts, 1910. — Chaps. 146, 147. 

^'''^j'H'^'. Section 3. The authority to designate the names of 

for detects. _ . . " 

l^rivate ways in the city of Worcester, hereafter opened for 
use by the public, shall not render the city liable for defects 
existing therein. 

Section 4. This act shall take effect upon its passage. 

Approved March 2, 1910. 

ChapAw Ax Act to authokize the county commissioners of 

THE COUNTY OF MIDDLESEX TO COMPILE AND PUBLISH 
LAWS RELATING TO COUNTIES AND COUNTY COMMIS- 
SIONERS. 

Be it enacted, etc., as foUoivs: 

Tnd^p'/imin^g Section 1. The couuty commissioners of the county of 

of a manual Middlcscx are hereby authorized to prepare and print a 

of laws re- i p i i ' ■ i i i i • 

latingto manual of the laws of the commonwealth relating to coun- 

ties and county commissioners. The number of copies 
printed shall be not less than three hundred, and one copy 
shall be sent to each town and city clerk in the county for 
the use of the city or town. Twenty-five copies shall be 
kept for the use of the county officials of Middlesex county, 
and the remainder may be sold by the county, at a price not 
less than the cost per copy for printing the same, to officials 
of other counties in the state and to such other persons and 
institutions as the said commissioners may determine. The 
proceeds of all such sales shall be paid into the county 
treasury. 

Expenditure. Section 2. For the purpose aforesaid the commission- 
ers may incur an expense not exceeding seven hundred and 
fifty dollars, to be paid from the county treasury. 

Section 3. This act shall take effect upon its passage. 

Approved March 2, 1910. 

Chaj)A^ An Act relative to the posting of voting lists. 

Be it enacted, etc., as follows: 

g^e'-'^'anfended Scctiou sixty-two of chapter five Hundred and sixty of 
the acts of the year nineteen hundred and seven is hereby 
amended by striking out the word " thirty ", in the third 
line, and inserting in place thereof the word : — sixty, — 
Posting of so as to read as follows : — Section 62. They shall, at least 
vo ing IS s. ^^^,p^|^^, days before the annual city or town election, and in 
every place except Boston, at least sixty days before the 



Acts, 1910. — Chaps. 148, 149. 99 

ainnial state election, and in lioston, except in the years 
designated for preparing new general registers, twenty-four 
days at least before the annual state election, cause copies 
of the voting lists prepared in accordance with the two 
preceding sections to be posted in their principal office and 
in one or more other ])ublic places in the city or town, and 
in each precinct therein. Approved March 2, 1910. 



Chap.US 



Ai\" Act to authokize the fikst congregational so- 
ciety OF WINCHESTER TO HOLD ADDITIONAL KEAL AND 
PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The First Congregational Society of Win- The First 
chaster is hereby authorized to hold real and personal es- Honlfs^j'ciety 
tate, or either, to an amount not exceeding two hundred maThoidTeaf 
thousand dollars ; but the income thereof, except so much and personal 
as may be needed to pay the principal and interest of any 
sums of money which may be hired on mortgage of the real 
estate of said society, or otherwise, shall be applied to 
parochial purposes. 

Section 2. So much of section two of chapter eleven of Repeal, 
the acts of the year eighteen hundred and fifty-six as is in- 
consistent herewith is hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved March 2, 1910. 



Chap.U9 



An Act to incorporate the woodberry memorial 

TRUST. 

Be it enacted, etc., as follows: 

Section 1. Adolph A. Berle, Esther W. Barrett, Frank Woodberrv 
Wood, Dorothy A. Pooler and Henry E. Warren, trustees xr'^t iJf-^ 
of the Woodberry Memorial Trust, and their successors in corporated. 
said trust, are hereby made a corporation under the name 
of Woodberry Memorial Trust, with all the rights, powers 
and privileges, and subject to all the duties and lialiilities 
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. 



100 



Acts, 1910. — Chap. 150. 



Title to real 
and personal 
property to 
vest in the 
corporation, 
etc. 



Gifts, be- 
quests, etc. 



Sectiox 2. The corporation shall be vestod ■with the 
title to all real and personal property now held hy said 
trustees, and said trustees may convey and transfer the 
same to said corporation, and it shall be held by said cor- 
poration upon the same trusts upon which it is now held by 
said trustees. The corporation may acquire by purchase, 
gift, bequest or otherwise, real or personal property to an 
amount not exceeding one hundred thousand dollars, and 
shall manage and dispose of the princi])al and income 
thereof in the manner provided in the declaration of said 
Woodberry Memorial Trust now of record in the Suffolk 
registry of deeds. 

Section 3. This act shall take effect upon its passage. 

Approved March 2, 1910. 



1905, 381, 
I 4, etc., 
amended. 



Chap.lijyJ x^ ^^q^ relative to the appointment of local super- 
intendents FOR THE SUPPRESSION OF THE GYPSY AND 
BROWN TAIL MOTHS. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter three hundred and 
eighty-one of the acts of the year nineteen hundred and 
five, as amended by section two of chapter two hundred 
and sixty-eight of the acts of the year nineteen hundred and 
six, and by section one of chapter five hundred and twenty- 
one of the acts of the year nineteen hundred and seven, is 
hereby further amended by striking out at the beginning 
thereof, the words '' Cities and towns by such public officer 
or board as they shall designate or appoint, shall under the 
advice and general direction of said superintendent ", and 
inserting in place thereof the words : — The mayor and 
aldermen in cities and the selectmen in towns shall annually 
in the month of March or April appoint a local superin- 
tendent for the suppression of gypsy and brown tail moths. 
Said superintendents shall, under the advice and general 
direction of the state forester, — also by inserting after the 
word " herein ", in the eighth line, the words : — The 
appointment of a local superintendent shall not take effect 
unless approved by the state forester, and when so approved, 
notice of the appointment shall be given by the mayor and 
aldermen or the selectmen to the person so appointed, — so 
that the first paragraph of said section as amended will 



Acts, 1910. — Chap. 151. 101 

read as follows : — Section Jj. The mayor and aldermen in Destruction of 
cities and the selectmen in towns shall annually in the pfuarretc. 
month of March or Aj^ril appoint a local superintendent 
for the suppression of gypsy and brown tail moths. Said 
superintendents shall, under the advice and general direc- 
tion of the state forester, destroy the eggs, caterpillars, 
pupae and nests of the gypsy and brown tail moths within 
their limits, except in parks and other property under the 
control of the commonwealth, and except in private prop- 
erty, save as otherwise provided herein. The appointment Appointment 
of a local superintendent shall not take effect unless ap- superin- 
proved by the state forester, and when so approved, notice 
of the appointment shall be given by the mayor and alder- 
men or the selectmen to the person so appointed. When 
any city or town shall have expended within its limits city 
or town funds to an amount in excess of five thousand dol- 
lars in any one fiscal year, in suppressing gypsy or brown 
tail moths, the commonwealth shall reimburse such city or 
town to the extent of fifty per cent of such excess above 
said five thousand dollars. 

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

Approved March 2, 1910. 



Chap.Wl 



An Act relative to the employment of a eecord 
clekk in the office of the teeasureb and receiver 

GENERAL. 

Be it enacted, etc., as foUoivs: 

Section 1. The treasurer and receiver general may em- The treasurer 
ploy in his department a record clerk at a salary not exceed- generaiTo^'^'^ 
ing one thousand dollars a year, to be so allowed from the reJJTrd cierk, 
beginning of the current fiscal year. 

Section 2. So much of section four of chapter six of ^^p''^^- 
the Revised Laws as provides for the employment of a files 
clerk in the department of the treasurer and receiver gen- 
eral at a salary of nine hundred dollars a year is hereby 
repealed. 

Section 3. This act shall take effect upon its passage. 

Approved March 3, 1910. 



102 Acts, 1910. — Ciiaps. 152, 153, 154. 



Chcip.152 An Act to establish the salary of the matron of 

THE STATE HOUSE. 

Be it enacted, etc., as follows: 
Salary of the Section 1, The iiiatron of the state house, employed bv 

state house . , . ' 

matron. the sergeaiit-at-ai'ins, shall be paid an annual salary of eight 

hundred and fifty dollars, to be so allowed from, the first 
day of January in the year nineteen hundred and ten. 

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

Approved March 3, 1910. 

Chap.l5'd An Act to authorize the state forester to accept 

BEQUESTS OR GIFTS ON BEHALF OF THE COMMON- 
WEALTH. 

Be it enacted, etc., as follows: 
The state Section 1. The State forester, with the approval of the 

forester rnflv i. j. 

accept be- govcmor and council, is hereby authorized to accept, on be- 
half of the commonwealth, bequests or gifts to be used for 
the purpose of advancing the forestry interests of the com- 
monwealth, under the direction of the governor and council, 
in such manner as to carrv out the terms of the bequest or 
gift. 

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

Approved March 3, 1910. 



quests, etc. 



Chap.154: An Act relative to the number of doorkeepers, 
assistant doorkeepers, messengers and pages of 

THE senate and HOUSE. 

Be it enacted, etc., as follows: 

R. l. 10, § 15, Section 1. Section fifteen of chapter ten of the Revised 
Laws is herel)y amended by striking out the word '^ thirty- 
eight ", in the third line, and inserting in place thereof 
Number of the word : ^ fortv, — so as to read as follows: — Sec- 
etc. ' tion 15. The number of doorkeepers, assistant doorkeep- 

ers, messengers, and pages of the senate and house shall 
not exceed forty in all. 

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

Approved March 3, 1910. 



Acts, 1910. — Chaps. 155, 156. 103 



An Act relative to the village cemetery associa- CJiap.\5o 

TION OF vineyard HAVEN. 

Be it enacted, etc., as follows: 

Section 1. The town of Tisbiiry is hereby authorized ^/bl.'^r^^/y 
to hold, maintain, improve and embellish the village ceme- J^^J^^*'J.•;^g. 
tery in the said town situated at the head of Holmes' Hole tery in vine- 
harbor in the village of Vineyard Haven. 

Section 2. The right to acquire the said cemetery Certain rights 
which was conferred upon the Village Cemetery Associa- the'town.^'etc!* 
tion of Vineyard Haven by chapter one hundred and sev- 
enty of the acts of the year eighteen hundred and eighty- 
six, but was never exercised by the said corporation, is 
hereby transferred to the town of Tisbury, and the said 
town is hereby authorized to acquire the said cemetery by 
purchase or gift or by right of eminent domain. 

Section 3. Said chapter one hundred and seventy of Repeal, 
the acts of the year eighteen hundred and eighty-six is 
hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approved March 3, 1910. 



An Act relative to the appointment and removal of QJiap.lSQ 
certain officials of the city of newtox. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and §^i°"a'i^e,fded. 
thirty-five of the acts of the year nineteen hundred is hereby 
amended by striking out the words '' with the consent of 
the aldermen ", in the seventh line, so as to read as follows : 
— Section 1 . The mayor and aldermen of the city of I^ew- Appointment, 
ton shall appoint constables and all other boards and officers officers in the 
required by the laws of the commonwealth or by the ordi- Newton, 
nances of the city, whose selection is not otherwise provided 
for in the charter of said city or in special laws relating 
thereto, to hold office until they resign or are removed by 
the mayor. But this act shall not apply to the appointment 
or term of office of election officers. 

Section 2. This act shall be submitted to the voters of Se effect. 
the city of IsTewton at the next annual city election, and 
shall take effect if a majority of the voters voting thereon 
vote in the affirmative. Approved March Jj, 1910. 



104 



Acts, 1910. — Chaps. 157, 158. 



CJiCip.157 An Act to legalize certain proceedings of the town 

OF GREENFIELD. 

Be it enacted, etc., as follows: 

Section 1. The proceedings of the town of Greenfield 
at its annual meeting, and any adjournments thereof, in 
the year nineteen hundred and ten, shall not be invalid by 
reason of the omission in the warrant calling the -meeting 
to state the time of opening and closing the polls, or of any 
irregularities resulting from such omission, or otherwise. 

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

Approved March Jj, 1910. 



Certain pro- 
ceedings 
of town of 
Greenfield 
legalized. 



1908, 160. 
§ 1, amended. 



License com- 
mission of the 
town of 
Montague, 
election, 
terms, etc. 



Chap.l5S An Act to provide that the license commission of 

THE TOWN OF MONTAGUE S1L\LL BE ELECTED BY BALLOT. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
sixty of the acts of the year nineteen hundred and eight is 
hereby amended by inserting after the word " elect ", in the 
first line, the words: — by ballot, — so as to read as fol- 
lows: — Section 1. The town of Montague shall elect, by 
ballot, at its annual March meeting a license commission 
consisting of three members, to serve for the following 
terms : one member for one year, one member for two 
years and one member for three years. They shall hold 
office until their respective successors are elected and qual- 
ified, and thereafter at every annual March meeting one 
member of said board shall be elected for the term of three 
years. Any vacancy in said board occurring during the 
year shall be filled by the selectmen, and the person or per- 
.sons so appointed to fill such vacancy shall serve until the 
next annual town meeting. 

Section 2. The action of said town taken by vote in 
town meetings held April eighth, nineteen hundred and 
eight, and March first, nineteen hundred and nine, in ac- 
cepting the provisions of said chapter one hundred and 
sixty is hereby ratified and confirmed as a valid acceptance 
of said act. 

Section 3. This act shall take effect upon its passage. 

Approved March Ii, 1910. 



Certain pro- 
ceeding of 
town con- 
firmed, etc. 



Acts, 1910. — Chaps. 159, 160. 105 



An Act making appropriations for salaries and ex- Q]iQ^yy \^<^ 

PENSES OF THE QUARTERMASTER GENERAl's DEPART- 
MENT, AND FOR SUNDRY ARMORY EXPENSES. 

Be it enacted, etc., as follows: 

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

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

from the ordinary revenue, for the quartermaster general's general, 
department, for the fiscal year ending on the thirtieth day 
of K^ovember, nineteen hundred and ten, to wit : — 

For the salary of the superintendent of armories, eight- feZfen" of 

een hundred dollars. armories. 

For the salaries of the clerks, seventy-four hundred dol- cierks. 
lars. 

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

For quartermasters' supplies, a sum not exceeding seven Quartermas- 

-i 117 o tgj. s supplies. 

thousand dollars. 

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

For the salaries of armorers of the first class, a sum not f^^°^ef_^' 
exceeding thirty thousand dollars. 

For rent and maintenance of armories of the second the™eco'^nd 

class, a sum not exceeding fifteen thousand dollars. '^'''^■^^• 

For rent and maintenance of armories of the third class, A''™'?^'*^^ °/ 
a sum not exceeding ten thousand dollars. 

For allowance to the three batteries of artillery of the Batteries of 

volunteer militia, twenty-four hundred dollars. allowance. 

For care and maintenance of the camp ground and build- ^^^^' ^*'^' °i 

1 _o camp grouna, 

ings at Framingham, a sum not exceeding four thousand etc. 
dollars. 

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

Approved March J^, 1910. 



An Act making appropriations for certain expenses Chav.\QO 

OF the trustees of the LYMAN AND INDUSTRIAL 

schools. 

Be it enacted, etc., as follows: 

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



106 



Acts, 1910. — Chap. 161. 



Trustees of 
Lyman and 
industrial 
schools. 



Agents. 



Boarding out 
children. 



Care of 
probationers. 



Instruction in 
public schools. 



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

For travelling and other expenses of the trustees of the 
Lyman and industrial schools, to 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 trustees 
of the Lyman and industrial schools may employ, a sum 
not exceeding eleven thousand four hundred dollars. 

For expenses in connection with boarding out children 
from the Lyman school for boys, a sum not exceeding nine 
thousand dollars. 

For expenses in connection with the care of probationers 
from the state industrial school, to include the boarding out 
and other expenses of girls on probation, a sum not exceed- 
ing fifteen thousand five hundred dollars. 

For instruction in the public schools of children boarded 
out or bound out by the trustees of the Lyman and indus- 
trial schools, a sum not exceeding one thousand dollars. 

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

Approved March It, 1910. 



Ch(ip.\^\ An Act makixcj appropkiattoxs for salaries and ex- 
penses IN THE judicial department of the common- 

AVEALTII. 

Be it enacted, etc., as folloirs: 

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 salaries and expenses 
of the judicial department of the commonwealth, for the 
fiscal year ending on the thirtieth day of November, nine- 
teen hundred and ten, to wit : — 



Appropria 
tions. 



Chief justice 
and associate 
justices. 

Clerk. 

Clerical 

assistance 
to clerk. 

Clerical 
assistance 
to justices. 



supreme judicial court. 

For the salaries and travelling expenses of the chief jus- 
tice and the six associate justices, sixty thousand dollars. 

For the salary of the clerk, three thousand dollars. 

For clerical. assistance to the clerk, eight hundred dol- 
lars. 

For clerical assistance to the justices, a sum not exceed- 
ing twenty-five hundred dollars. 



Acts, 1910. — Chap. 161. 107 

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

For the salary of the reporter of decisions, four thousand de\^sfons,''itc. 
dollars ; and for clerk hire and incidental expenses of said 
reporter, a sum not exceeding five thousand dollars. 

For the salaries of the officers and messenger, twenty- Officers and 

messenger. 

four hundred dollars. 

For the salary of the clerk for the county of Suffolk, cierk for Suf- 
fifteen hundred dollars. 

For the salary of the assistant clerk for the county of ^erk^Suffoik 
Suifolk, five hundred dollars. '^"""^J- 

For the salaries of the retired justices, eleven thousand f^^l^^^^. 
two hundred and fifty dollars. 

SUPERIOR COURT. 

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

tice and of the twenty-four associate justices, one hundred justices. 

and seventy-five thousand five hundred dollars. 

For the salary of the assistant clerk, five hundred dollars. Assistant 
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 IXSOEVENCY. 

For the salary of the judge for the county of Barnstable, judge of 
fourteen hundred dollars. n™oivency, 

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

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

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

For the salaries of the two judges for the county of Essex. 
Essex, eight thousand dollars. 

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

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

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

For the salaries of the two judges for the county of ^Nlid- M'ddieEex. 
dlesex, ten thousand dollars. 



Barnstable. 
Berkshire. 



108 



Acts, 1910. — Chap. 161. 



Nantucket. 



Norfolk. 



Plymouth. 



Suffolk. 



Worcester. 



Retired 
judges. 

Judges acting 
in other 
counties. 



Register, 
Barnstable. 



Berkshire. 

Bristol. 

Dukes County. 

Essex. 

Franklin. 

Hampden. 

Hampshire. 

Middlese.K. 

Nantucket. 

Norfolk. 

Plymouth. 

Suffolk. 

Worcester. 



For the salary of the judge for the county of Xantucket, 
nine hundred dollars. 

For the salary of the judge for the county of Norfolk, 
four thousand dollars. 

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

For the salaries of the two judges for the county of Suf- 
folk, twelve thousand dollars. 

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

For the salaries of retired judges, a sum not exceeding 
five hundred dollars. 

For the compensation of judges acting in other counties 
than their own, a sum not exceeding fifteen hundred dol- 
lars. 

For the salary of the register for the county of Barn- 
stable, thirteen hundred dollars. 

For the salary of the register for the county of Berkshire, 
eighteen hundred dollars. 

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

For the salary of the register for the county of Dukes 
County, eight hundred dollars. 

For the salary of the register for the county of Essex, 
thirty-five hundred dollars. 

For the salary of the register for the county of Franklin, 
fifteen hundred dollars. 

For the salary of the register for the county of Hamp- 
den, twenty-eight hundred dollars. 

For the salary of the register for the county of Hamp- 
shire, sixteen hundred dollars. 

For the salary of the register for the county of j\I id die- 
sex, four thousand dollars. 

For the salary of the register for the county of I^an- 
tucket, eight hundred dollars. 

For the salary of the register for the county of ISTorfolk, 
twenty-five hundred dollars. 

For the salary of the register for the county of Plym- 
outh, twenty-one hundred dollars. 

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

For the salary of the register for the county of Worces- 
ter, thirty-five hundred dollars. 



Acts, 1910. — Chap. IGl. 109 

For the salaiy of the assistant register for the comity of ^/g/g^*"' 
Barnstable, five hundred and fifty dollars. Barnstable. 

For the salary of the assistant register for the county of Berkshire. 
Berkshire, nine hundred dollars. 

For the salary of the assistant register for the county of ^'■'*'°'- 
Bristol, seventeen hundred and fifty dollars. 

For the salary of the assistant register for the county of Essex. 
Essex, twenty-three hundred dollars. 

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

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

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

For the salaries of the assistant registers for the county Middlesex, 
of Middlesex, sixty-five hundred dollars. 

For the salary of the assistant register for the county of Norfolk. 
ISTorfolk, twelve hundred and fifty dollars. 

For the salary of the assistant register for the county of Suffolk. 
Suffolk, twenty-eight hundred dollars. 

For the salary of the second assistant register for the Second assist- 
county of Sufi"olk, twenty-five hundred dollars. luffoiki''""' 

For the salary of the assistant register for the county of Worcester. 
Worcester, fifteen hundred dollars. 

For extra clerical assistance to the register for the county clerical 
of Barnstable, a sum not exceeding four hundred thirty- Barns^taWe. 
three dollars and thirty-four cents. 

For extra clerical assistance to the register for the county Berkshire. 
of Berkshire, a sum not exceeding six hundred dollars. 

For extra clerical assistance to the register for the county Bristol. 
of Bristol, a sum not exceeding two thousand sixty-six dol- 
lars and sixty-seven cents. 

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

For extra clerical assistance to the register for the county Essex. 
of Essex, a sum not exceeding seven thousand sixteen dol- 
lars and sixty-seven cents. 

For extra clerical assistance to the register for the county Franklin, 
of Franklin, a sum not exceeding four hundred dollars. 

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



110 

Hampshire. 
Middlesex. 

Xantucket. 
Norfolk. 

Plymouth. 

Suffolk. 

Worcester. 



Clerk of 
register, 
Suffolk. 



Acts, 1910. — Chap. 161. 

For extra clerical assistance to the register for the countv 
of Hampshire, a sum not exceeding six hundred dollars. 

For extra clerical assistance to the register for the county 
of Middlesex, a sum not exceeding seventy-three hundred 
thirty-three dollars and thirty-three cents. 

For extra clerical assistance to the register for the county 
of Xantucket, a sum not exceeding three hundred dollars. 

For extra clerical assistance to the register for the county 
of Xorfolk, a sum not exceeding two thousand thirty-three 
dollars and thirty-three cents. 

For extra clerical assistance to the register for the county 
of Plymouth, a sum not exceeding twenty-one hundred 
dollars. 

For extra clerical assistance to the register for the county 
of Suffolk, a sum not exceeding seventy-one hundred dol- 
lars. 

For extra clerical assistance to the register for the county 
of Worcester, a sum not exceeding sixty-three hundred six- 
teen dollars and sixty-six cents. 

For the salary of the clerk of the register for the county 
of Suifolk, twelve hundred dollars. 



District 

attorney, 

Suffolk. 

First 
assistant. 

Second 
assistant. 

Third 
assistant. 

Clerk. 



Northern 
district. 



Assistant. 



Eastern 
district. 



Assistant. 



Southeastern 
district. 



DISTRICT ATTOKXEYS. 

For the salary of the district attorney for the Suffolk 
district, five thousand dollars. 

For the salary of the first assistant district attorney for 
the Suff'olk district, thirty-eight hundred dollars. • 

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

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

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

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

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

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

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

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



Acts, 1910. — Chap. 162. Ill 

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 dis- Middle 
trict, 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 northwest- N?rthwestern 

, •^' , *^ district. 

ern district, thirteen hundred and fifty dollars. 

For travelling expenses necessarily incurred by the dis- Travelling 

, . -, . . . , expenses. 

trict attorneys and assistant district attorneys, except in the 
Suffolk district, a sum not exceeding fifteen hundred dol- 
lars. 

LAXD COURT. 

For the salary of the judge, six thousand dollars. Judge of 

For the salary of the associate judge, six thousand dol- l^^^ociatl 

larS. judge. 

For the salary of the recorder, forty-five hundred dol- Recorder. 
lars. 

For clerical assistance, a sum not exceeding seven thou- Clerical 

di 11 assistance. 

dollars. 

For sheriffs' bills, advertising, surveying, examining Expenses, 
titles, and sundry incidental expenses, a sum not exceeding- 
thirty thousand dollars. 

COMMISSION" ox PKOBxVTIOIS". 

For expenses of the commission on probation, a sum not Commission 

1 . r. , 1 Tin on probation. 

exceeding five thousand dollars. 

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

Approved March Jj, 1910. 

Ax Act makixg ax appkopkiatiox for the maixte- 

XAXCE OF THE LYMAN SCHOOL FOR BOYS. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one hundred and nine Lyman 
thousand dollars is hereby appropriated, to be paid ♦out of boy°s°'^°'^ 
the treasury of the commonwealth from the ordinary reve- 



Cha2}.W2 



112 Acts, 1910. — Chaps. 163, 164, 165. 

niie, for the maintenance of the Lyman school for boys, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and ten. 

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

Approved March Jj, 1910. 

Chap.l6S Ax Act making an appropriation for the mainte- 
nance OF THE STATE INDUSTRIAL SCHOOL FOR GIRLS. 

Be it enacted, etc., as foUoics: 
State indus- Section 1. A sum not exceeding sixty-five thousand 

trial school ^ , n • i • i i • i 

for girls. five huudrcd and eighty dollars is hereby appropriated, to 

be paid out of the treasury of the commonwealth from the 
ordinary revenue, for the maintenance of the state indus- 
trial school for girls, for the fiscal year ending on the thir- 
tieth day of ISTovember, nineteen hundred and ten. 

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

Approved March Jj, 1910. 

Chcip.1.64: An Act making appropriations for the maintenance 

OF THE MASSACHUSETTS STATE SANATORIUM. 

Be it enacted, etc., as follows: 
Massachusetts Section 1. The suiiis hereinafter mentioned are appro- 
atorium. priatcd for the maintenance of the Massachusetts state san- 

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

From the receipts of said sanatorium now in the treasury 
of the commonwealth, the sum of fifty-seven thousand 
eighty dollars and fifty-one cents; and from the treasury 
of the commonwealth from the ordinary revenue, a sum 
not exceeding one hundred twenty-six thousand nine hun- 
dred nineteen dollars and forty-nine cents. 

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

Approved March Jj, 1910. 

Chap.165 An Act making an appropriation for exterminating 

DISEASES among HORSES, CATTLE AND OTHER ANIMALS. 

Be it enacted, etc., as follows: 
Extermination Section 1. A sum not exceeding one hundred thousand 

of contagious • i i • n j" i 

diseases dollars is hcrcby appropriated, to be paid out ot the treas- 

ani^a^is. ury of the commonwealth from the ordinary revenue, for 

the extermination of contagious diseases among horses, 



Acts, 1910. — Chap. 166. 113 

cattle and other animals, for the present year and for pre- 
vious years. 

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

Approved March J/, 1910. 

An Act relative to giving notices of injuries. (7Aa».166 

Be it enacted, etc., as follows: 

Section 1. Section tv^enty-one of chapter fifty-one of fr;,^n(fed.^ ^^' 
the Revised Laws is hereby amended by inserting after the 
word " treasurer ", in the sixth line, the words : — If the 
person injured dies within the time required for giving 
the notice, his executor or administrator may give such no- 
tice within thirty days after his appointment, — and by 
striking out all after the word '' removed ", in the ninth 
line, and ending with the word '* notice ", where it first oc- 
curs in the eleventh line, and inserting in place thereof the 
words : — and if he dies within said ten days, — so as to 
read as follows: — Section 21. Such notice shall be in Towhom 

.,• -iij^i ••11 • notice of 

writing. Signed by the person mjurecl or by some one m injury shaii 
his behalf, and may be given, in the case of a county, to ^e given, etc. 
one of the county commissioners or the county treasurer ; 
in the case of a city, to the mayor, the city clerk or treas- 
urer ; and in the case of a town, to one of the selectmen or 
to the town clerk or treasurer. If the person injured dies 
within the time required for giving the notice, his exec- 
utor or administrator may give such notice within thirty 
days after his appointment. If by reason of physical or 
mental incapacity it is impossible for the person injured 
to give the notice within the time required, he may give 
it within ten days after such incapacity has been removed, 
and if he dies within said ten days his executor or admin- 
istrator may give the notice within thirty days after his 
appointment. 

Section 2. Section one hundred and thirty-two of chap- 1909, 514, 
ter five hundred and fourteen of the acts of the year nine- Imfnded. 
teen hundred and nine is hereby amended by striking out 
the semicolon and the word " but ", in the eighth line, and 
inserting a period and the words: — If the person injured 
dies within the time required for giving the notice his exec- 
utor or administrator may give such notice within sixty 
days after his appointment, — by changing the first letter 
in the word " if ", in the ninth line, to a capital ; and by 



lU 



Acts, 1910. — Chap. 167. 



Notice for 
recovery of 
damages, etc. 



striking out the comma in the ninth line, and all after the 
word '' dies ", in the twelfth line, and ending with the 
comma following the word " it ", in the fifteenth line, and 
inserting in place thereof the words : — within said ten 
days, — so as to read as follows: — Section 132. No 
action for the recovery of damages for injury or death 
under the provisions of the five preceding sections shall 
be maintained unless notice of the time, place and cause 
of the injury is given to the employer within sixty days, 
and the action is commenced within one year, after the 
accident which causes the injury or death. Such notice 
shall be in writing, signed by the person injured or by a 
person in his behalf. If the person injured dies within the 
time required for giving the notice his executor or adminis- 
trator may give such notice within sixty days after his 
appointment. If from physical or mental incapacity it is 
impossible for the person injured to give the notice within 
the time provided in this section, he may give it within ten 
days after such incapacity has been removed, and if he 
dies within said ten days his executor or administrator may 
give such notice within sixty days after his appointment. 
A notice given under the provisions of this section shall 
not be held invalid or insufficient solely by reason of an 
inaccuracy in stating the time, place or cause of the injury 
if it is shown that there was no intention to mislead, and 
that the employer was not in fact misled thereby'. 

Section 3. This act shall take effect upon its passage. 

Approved Marcli Jj, 1910. 



Cli(Jip.\&I An Act to authokize the town of hanover to incur 

INDEBTEDNESS FOR THE PURPOSE OF PAYING CERTAIN 
NOTES. 



Be it enacted, etc., as follows: 



The town of 
Hanover may 



pay 
ing certain 
bonds, etc. 



Section 1. For the purpose of paying certain of its 
incur indebted- outstanding notcs maturing during the year nineteen hun- 
dred and ten the town of Hanover is hereby authorized to 
borrow a sum of money not exceeding twelve thousand dol- 
lars, and to issue notes or bonds therefor, payable at periods 
not exceeding twelve years from the dates of issue. Such 
notes or bonds shall be signed by the treasurer and counter- 
signed by a majority of the selectmen, shall bear interest, 
payable semi-annually, at a rate not exceeding four and one 



Acts, 1910. — Chap. 168. 115 

half per cent per annum, and shall not be sold below the par 
value thereof. 

Section 2. The town shall provide for the payment of P/yment 

• 1 11- 1 1 . ^ •' of loan. 

said notes or bonds m such annual j)roportionate payments 
as will extinguish the same within the time prescribed by 
this act ; and when a vote to that effect has been passed the 
amount required thereby shall, without further vote, be 
assessed by the assessors of the town in each year there- 
after, in the same manner in which other taxes are assessed, 
until the debt incurred by the loan is extinguished. The 
town shall also raise annually by taxation a sum sufficient 
to pay the interest as it accrues on the notes or bonds issued 
under authority of this act. 

Sectiox 3. This act shall take effect upon its acceptance Time of 
by a vote of two thirds of the voters present and voting ^ "^^^ 
thereon at an annual town meeting or at a special town 
meeting called for the purpose. 

Approved March l^, 1910. 



Chap.lQS 



An Act to autiiokize the town of hadley to refund 
certain indebtedness. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of paying or refunding Hadiey 
certain notes issued heretofore by the town of Hadley, for Bon"ds!^''^^ 
the several amounts and maturing at the several dates here- ^ctsof i9io. 
inafter specified, said town is hereby authorized to issue 
bonds, to be denominated on the face thereof, Hadley Re- 
funding Bonds, Act of 1910, to an amount not exceeding 
forty-two thousand dollars. The bonds shall be payable 
within periods not exceeding thirty years from their date, 
and shall bear such rate of interest not exceeding five per 
cent per annum, as the town may determine. The town 
shall, at the time of authorizing said loan, provide for the 
payment thereof in such annual proportionate payments, 
beginning in the year nineteen hundred and eleven, as will 
extinguish the same within the time prescribed by this act ; 
and when a vote to that effect has been passed, the amount 
required thereby shall, without further vote, be assessed by 
the assessors of the town every year, in the same manner in 
which other taxes are assessed, until the debt is extin- 
guished. The notes for the payment of which said bonds 
are to be issued are as follows : — ISTotes amounting to sev- 



116 Acts, 1910. — Chaps. 169, 170. 

enteen thousand dollars, due October twentieth, nineteen 
hundred and eleven, and notes amounting to twenty-five 
thousand dollars, due j^ovember first, nineteen hundred and 
eleven. 
Jl^lf Section 2. This act shall take effect upon its acceptance 

effect. by a two thirds vote of the voters of the town present and 

voting thereon at any town meeting called for the purpose. 

Approved March Jj, 1910. 

Chcip.lQ9 An Act to authorize the construction of a bridge 

OVER SHELL POINT COVE IN THE TOWN OF WAREHAM. 

Be it enacted, etc., as follows: 
Construction Section 1. The Agawam Beach Land Company of 

of 3 Drid.£G ^ X t/ 

over Shell Brocktoii, ail associatiou formed under a declaration of 
etc. ' trust, which is recorded in Plymouth county registry of 

deeds, of which association J. Porter Scudder is president 
and John Kee is secretary, with their associates and suc- 
cessors, are hereby authorized to construct a bridge for foot 
passengers and vehicles over Shell Point Cove in the town 
of Wareham at a place known as " Squaws Hole l^arrows ", 
where the abutting land on the south side is owned by the 
said Agawam Beach Land Company and on the north side 
by Mrs. Bessie Savery. The said bridge shall be con- 
structed without a draw, and shall be used subject to the 
laws regulating the construction and use of bridges over 
tide waters, and to any regulations made by the harbor and 
land commissioners in respect to said bridge. 

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

Approved March J/, 1910. 

Chap.YiO An Act to authorize the town of Hudson to incur in- 
debtedness FOR sewerage purposes. 

Be it enacted, etc., as follows: 
Hudson Section 1. The town of Hudson, for the purposes speci- 

oewGrage 

Loan, Act fied iu chapter one hundred and twenty-eight of the acts of 
the year eighteen hundred and ninety-five and for the exten- 
sion of its system of sewerage and sewage disposal therein 
mentioned, may incur indebtedness to an amount not ex- 
ceeding twenty-fivo thousand dollars, in addition to the 
amount already authorized by law, and may issue from time 
to time bonds or notes therefor : and said indebtedness shall 



of 1910. 



Acts, 1910. — Chap. 171. 



117 



not be reckoned in determining the statutory limit of in- 
debtedness of the town. Such bonds or notes shall bear on 
their face the words, Hudson Sewerage Loan, Act of 1910, 
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, 
that they shall not be sold at less than the par value thereof. 



Proviso. 



Section 2. The town shall at the time of authorizing Payment 



said loan provide for the payment thereof in such annual 
payments 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 shall without further 
vote be assessed by the assessors of the town in each year 
thereafter, in the same manner in which other taxes are 
assessed, until the debt incurred by said loan is extin- 
guished. 

Section 3. This act shall take effect upon its passage. 

Approved March 4, 1910. 



of loan. 



An Act to make unifor]m the eaw of transfer of 
SHARES of stock in corporations. 

Be it enacted, etc., as follows: 



Chap.Til 



transfer of title. 

Section 1. Title to a certificate and to the shares repre- 
sented thereby shall be transferred only, 

(a) By delivery of the certificate indorsed either in 
blank or to a specified person by the person appearing by 
the certificate to be the owner of the shares represented 
thereby, or 

(b) By delivery of the certificate and a separate docu- 
ment containing a written assignment of the certificate or 
a power of attorney to sell, assign, or transfer the same or 
the shares represented thereby, signed by the person appear- 
ing by the certificate to be the owmer of the shares repre- 
sented thereby. Such assignment or power of attorney may 
be either in blank or to a specified person. 



Transfer 
of title. 



118 



Acts, 1910. — Chap. 171. 



How act 
shall be 
construed. 



Same 
subject. 



Title of 

transferee, 

etc. 



Delivery of 
certificate. 



Indorsement. 



The provisions of this section shall be applicable although 
the charter or articles of incorporation or code of regula- 
tions or by-laws of the corporation issuing the certificate 
and the certificate itself, provide that the shares repre- 
sented thereby shall be transferable only on the books of the 
corporation or shall be registered by a registrar or trans- 
ferred by a transfer agent. 

Section 2. Nothing in this act shall be construed as 
enlarging the powers of an infant or other person' lacking- 
full legal capacity, or of a trustee, executor or adminis- 
trator, or other fiduciary, to make a valid indorsement, 
assignment or power of attorney. 

Section 3. Nothing in this act shall be construed as for- 
bidding a corporation, 

(a) To recognize the exclusive right of a person regis- 
tered on its books as the owner of shares to receive divi- 
dends, and to vote as such owner, or 

(b) To hold liable for calls and assessments a person 
registered on its books as the owner of shares. 

Section 4. The title of a transferee of a certificate 
under a power of attorney or assignment not written upon 
the certificate, and the title of any person claiming under 
such transferee, shall cease and determine if, at any time 
prior to the surrender of the certificate to the corporation 
issuing it, another person, for value in good faith, and 
Avithout notice of the prior transfer, shall purchase and 
obtain delivery of such certificate with the indorsement of 
the person appearing by the certificate to be the owner 
thereof, or shall purchase and obtain delivery of such cer- 
tificate and the written assignment or power of attorney of 
such person, though contained in a separate document. 

Section 5. The delivery of a certificate to transfer title 
in accordance with the provisions of section one, shall be 
effectual, except as provided in section seven, though made 
by one having no right of possession and having no author- 
ity from the owner of the certificate or from the person 
purporting to transfer the title. 

Section 0. The indorsement of a certificate by the per- 
son appearing by the certificate to be the owner of the 
shares represented thereby shall be effectual, except as pro- 
vided in section seven, though the indorser or transferor, 

(a) was induced by fraud, duress or mistake, to make 
the indorsement or delivery, or 



Acts, 1910. — Chap. 171. 119 

(b) has rev()kc<l the delivery of the certificate, or the 
authority given by the indorsement or delivery of the cer- 
tificate, or 

(c) has died or become legally incapacitated after the 
indorsement, whether before or after the delivery of the 
certificate, or 

(d) has received no consideration. 

RESCISSION OF TKANSFEK. 

Section 7. If the indorsement or delivery of a certifi- ^/frarfjfe" 
cate, 

(a) was procured by fraud or duress, or 

(b) was made under such mistake as to make the in- 
dorsement or delivery inequitable ; or 

If the delivery of a certificate was made 

(c) without authority from the owner, or 

(d) after the owner's death or legal incapacity, the pos- 
session of the certificate may be reclaimed and the transfer 
thereof rescinded, unless : 

(1) The certificate has been transferred to a purchaser 
for value in good faith without notice of any facts making 
the transfer wrongful, or, 

(2) The injured person has elected to waive the injury, 
or has been guilty of laches in endeavoring to enforce his 
rights. 

Any court of aj^propriate jurisdiction may enforce specif- 
ically such right to reclaim the possession of the certificate 
or to rescind the transfer thereof and, pending litigation, 
may enjoin the further transfer of the certificate, or im- 
pound it. 

Section 8. Although the transfer of a certificate or of Subsequent 

tVtinsiGr to D6 

shares represented thereby has been rescinded or set aside, effectual in 
nevertheless, if the transferee has possession of the certifi- 
cate or of a new certificate representing ^^art or the whole 
of the same shares of stock, a subsequent transfer of such 
certificate by the transferee, mediately or immediately, to 
a purchaser for value in good faith, without notice of any 
facts making the transfer wrongful, shall give such pur- 
chaser an indefeasible right to the certificate and the shares 
represented thereby. 



certain cases. 



120 



Acts, 1910. — Chap. 171. 



Incomplete 
transfer. 



Effect of 
attempted 
transfer, etc. 



INCOMPLETE TRANSFER. 

Section 9. The delivery of a certificate by the person 
appearing by the certificate to be the owner thereof without 
the indorsement requisite for the transfer of the certificate 
and the shares represented thereby, but with intent to 
transfer such certificate or shares shall impose an obliga- 
tion, in the absence of an agreement to the contrary, upon 
the person so delivering, to complete the transfer by "making 
the necessary indorsement. The transfer shall take effect 
as of the time when the indorsement is actually made. This 
obligation may be specifically enforced. 

Section 10. An attempted transfer of title to a certifi- 
cate or to the shares represented thereby without delivery 
of the certificate shall have the effect of a promise to trans- 
fer, and the obligation, if any, imposed by such promise 
shall be determined by the law governing the formation 
and performance of contracts. 



Warrant of 
transfer. 



Mortgagee, 
pledgee, etc. 



WARRANTIES. 

Section 11. A person who for value transfers a certifi- 
cate, including one who assigns for value a claim secured 
by a certificate, unless a contrary intention appears, war- 
rants — 

(a) That the certificate is genuine, 

(b) That he has a legal right to transfer it, and 

(c) That he has no knowledge of any fact which would 
impair the validity of the certificate. 

In the case of an assignment of a claim secured by a 
certificate, the liability of the assignor upon such warranty 
shall not exceed the amount of the claim. 

Section 12. A mortgagee, pledgee, or other holder for 
security of a certificate who in good faith demands or re- 
ceives payment of the debt for which such certificate is 
security, whether from a party to a draft drawn for such 
debt, or from any other person, shall not by so doing be 
deemed to represent or to warrant the genuineness of such 
certificate, or the value of the shares represented thereby. 



Attachment, 
etc. 



ATTACHMENT. 



Section 13. Iso attachment or levy upon shares of stock 
for which a certificate is outstanding shall be valid until 
such certificate be actually seized by the officer making the 



Acts, 1910. — Chap. 171. 



121 



Aid to cred- 
itor, etc. 



attachment or levy, or be surrendered to the corporation 
which issued it, or its transfer by the holder be enjoined. 
Except where a certificate is lost or destroyed, such cor- 
poration shall not be compelled to issue a new certificate for 
the stock until the old certificate is surrendered to it. 

Section 14. A creditor whose debtor is the owner of a 
certificate shall be entitled to such aid from courts of appro- 
priate jurisdiction, by injunction and otherwise, in attach- 
ing such certificate or in satisfying the claim by means 
thereof as is allowed at law or in equity, in regard to prop- 
erty which cannot readily be attached or levied upon by 
ordinary legal process. 

LIENS. 

Section 15. There shall be no lien in favor of a cor- Liens, 
poration upon the shares represented by a certificate issued 
by such corporation, and there shall be no restriction upon 
the transfer of shares so represented by virtue of any by- 
law of such corporation, or otherwise, unless the right of the 
corporation to such lien or the restriction is stated upon the 
certificate. 

ALTERATION AND LOSS OF CERTIFICATES. 

Section 16. The alteration of a certificate, whether Aiterati 
fraudulent or not and by whomsoever made, shall not de- 
prive the owner of his title to the certificate and the shares 
originally represented thereby, and the transfer of such a 
certificate shall convey to the transferee a good title to such 
certificate and to the shares originally represented thereby. 

Section 17. Where a certificate has been lost or de- 
stroyed, a court of competent jurisdiction may order the 
issue of a new certificate therefor on service of process upon 
the corporation and on reasonable notice by publication, 
and in any other way which the court may direct, to all 
persons interested, and upon satisfactory proof of such loss 
or destruction and upon the giving of a bond with sufficient 
surety to be approved by the court to protect the corpora- 
tion or any persons injured by the issue of the new certifi- 
cate from any liability or expense, which it or they may 
incur by reason of the original certificate remaining out- 
standing. The court may also in its discretion order the 
payment of the corporation's reasonable costs and counsel 
fees. 

The issue of a new certificate under an order of the court issue of new 
as provided in this section, shall not relieve the corporation not to relieve 



and loss of 
certificate, 
etc. 



Jurisdiction 
of courts, 
etc. 



122 



Acts, 1910. — Chap. 171. 



from liability, 
etc. 



General 
provisions. 



Interpretation 
of act. 



Indorsement 
of certificate, 
etc. 



Person to 
whom certifi- 
cate was orig- 
inally issued 
to be deemed 
the owner, 
etc. 



Certain 

terms 

defined. 



from liability in damages to a person to whom the original 
certificate has been or shall be transferred for value without 
notice of the jDroceedings or of the issuance of the new cer- 
tificate. 

GENERAL PROVISIONS. 

Section 18. In any case not provided for by this act, 
the rules of law and equity, including the law merchant, 
and in particular the rules relating to the law of principal 
and agent, executors, administrators and trustees, and to 
the effect of fraud, misrepresentation, duress or coercion, 
mistake, bankruptcy, or other invalidating cause, shall 
govern. 

Section 19. This act shall be interpreted and construed 
in such manner as to effectuate its general purpose to make 
uniform the law of those states which enact it. 

Section 20. A certificate shall be deemed to be in- 
dorsed when an assignment or a power of attorney to sell, 
assign, or transfer the certificate or the shares represented 
thereby is written on the certificate and signed by the per- 
son appearing by the certificate to be the owner of the 
shares represented thereby, or when the signature of such 
person is written without more upon the back of the certifi- 
cate. In either of such cases a certificate shall be deemed 
to be indorsed though it has not been delivered. 

Section 21. The person to whom a certificate was orig- 
inally issued shall be deemed to be the person appearing by 
the certificate to be the owner thereof, and of the shares 
represented thereby, until and unless he indorses the cer- 
tificate to another specified person, and thereupon such 
other specified person shall be deemed to be the person ap- 
pearing by the certificate to be the owner thereof until 
and unless he also indorses the certificate to another speci- 
fied person. Subsequent special indorsements may be made 
with like effect. 

DEFINITIONS. 

Section 22. (1) In this act, unless the context or sub- 
ject-matter otherwise requires — 

" Certificate " means a certificate of stock in a corpora- 
tion organized under the laws of this state or of another 
state whose laws are consistent with this act. 

" Delivery " means voluntary transfer of possession from 
one person to another. 



Acts, 1910. — Chap. 172. 123 

"Person" includes a corporation or partnership or two Certain terms 

1 ■ • • , • . , defined. 

or more persons having a joint or common interest. 

To " purchase " includes to take as mortgagee or as 
pledgee. 

" Purchaser " includes mortgagee and pledgee. 

'' Shares " means a share or shares of stock in a corpora- 
tion organized under the laws of this state or of another 
state whose laws are consistent with this act. 

" State " includes state, territory, district and insular 
possession of the United States. 

" Transfer " means transfer of legal title. 

" Title " means legal title, and does not include a merely 
equitable or beneficial ownership or interest. 

" Value " is any consideration sufficient to support a 
simple contract. An antecedent or pre-existing obligation, 
whether for money or not, constitutes value where a certifi- 
cate is taken either in satisfaction thereof or as security 
therefor. 

(2) A thing is done in '' good faith " within the mean- 
ing of this act, when it is in fact done honestly, whether it 
be done negligently or not. 

Section 23. The provisions of this act shall apply only to apply only 
to certificates issued after the act takes effect. cerUfiJL'tls. 

Section 24. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

Section 25. This act mav be cited as the Uniform uniform stock 

Stock Transfer Act. " Transfer Act. 

Section 26. This act shall take effect upon its passage. 

Approved March 5, 1910. 

An Act relative to the sale of certain drugs and r^j fy^i 70 

remedies. ^ * 

Be it enacted, etc., as follows: 

Section 1. Section twenty-three of chapter seventy-six r. l. 76, 
of the Revised Laws, as amended by chapter three hundred ImeAded" 
and twenty-seven of the acts of the year nineteen hundred 
and two, and by section three of chapter five hundred and 
twenty-five of the acts of the year nineteen hundred and 
eight, is hereby further amended by striking out the words 
" nor to the sale of non-poisonous domestic remedies usually 
sold by grocers and others ", in the eighth, ninth and tenth 
lines, and inserting in place thereof the following words : — 



124 Acts, 1910. — Chap. 172. 

nor to the sale by merchants at retail of the following drugs 
and chemicals used in the arts, or as household remedies : — 
alum, ammonia, bicarbonate of soda, borax, camphor, cas- 
tor oil, chlorinated lime, citric acid, cod liver oil, copperas, 
cotton seed oil, cream of tartar, dye stuffs, Epsom salt, flax- 
seed, flaxseed meal, gelatin, ginger, Glauber's salt, glycer- 
ine, gum arable, gum tragacanth, hops, hyposulphite of 
soda, licorice, lime water, linseed oil, litharge, magnesia, 
olive oil, peroxide of hydrogen, petrolatum, phosphate of 
soda, rhubarb, Rochelle salt, rosin, sal ammoniac, salt- 
peter, senna, slippery elm bark, spices for seasoning, sugar 
of milk, sulphate of copper, sulphur, tartaric acid, turpen- 
tine, extract of witch hazel, and zinc oxide ; nor to the sale 
in original packages of the following, if put up by regis- 
tered pharmacists, manufacturers, or wholesale dealers, in 
conformity with the Revised Laws, namely: — flavoring 
essences or extracts, essence of Jamaica ginger, insecticides, 
rat exterminators, aromatic spirits of ammonia, spirits of 
camphor, sweet spirits of nitre, syrup of rhubarb, tincture 
of arnica, and tincture of rhubarb ; nor to the sale of the 
following poisons used in the arts, if properly labelled and 
recorded as provided in section two, chapter two hundred 
and thirteen of the Revised Laws : — muriatic acid, oxalic 
acid, nitric acid, sulphuric acid, arsenic, cyanide of potas- 
sium, mercury, phosphorus, and sulphate of zinc. Who- 
ever not being a registered pharmacist, sells, or offers for 
sale, at retail, drugs, medicines, or poisons, other than those 
enumerated above, shall be punished by a fine not exceed- 
Not to apply jjjg, £f^v dollars, — so as to read as follows : — Section 23. 

to the putting ' "^' . . . . , 

up of certain "W^q provisious of scctious twcnty-one to twenty-nine, inclu- 
etc. ' sive, of chapter one hundred, section twenty-six of chapter 

seventy-five and section tw^o of chapter two hundred and 
thirteen shall not apply to physicians who put up their own 
prescriptions or dispense medicines to their patients ; nor 
to the sale of drugs, medicines, chemicals or poisons at 
wholesale only; nor to the manufacture or sale of patent 
and proprietary medicines ; nor to the sale by merchants at 
retail of the following drugs and chemicals used in the arts, 
or as household remedies : — alnm, ammonia, bicarbonate 
of soda, borax, camphor, castor oil, chlorinated lime, citric 
acid, cod liver oil, copperas, cotton seed oil, cream of tartar, 
dye stufi"s, Epsom salt, flaxseed, flaxseed meal, gelatin, 
ginger, Glauber's salt, glycerine, gum arable, gum traga- 



Acts, 1910. — Chap. 172. 



canth, hops, hyposulphite of soda, licorice, lime water, lin- 
seed oil, litharge, magnesia, olive oil, peroxide of hydrogen, 
petrolatum, phosphate of soda, rhubarb, Rochelle salt, rosin, 
sal ammoniac, saltpeter, senna, slippery elm bark, spices 
for seasoning, sugar of milk, sulphate of copper, sulphur, 
tartaric acid, turpentine, extract of witch hazel, and zinc 
oxide ; nor to the sale in original packages of the following, 
if put up by registered pharmacists, manufacturers, or 
wholesale dealers, in conformity with the Revised Laws, 
namely : — flavoring essences or extracts, essence of Ja- 
maica ginger, insecticides, rat exterminators, aromatic 
spirits of ammonia, spirits of camphor, sweet spirits of 
nitre, syrup of rhubarb, tincture of arnica, and tincture of 
rhubarb ; nor to the sale of the following poisons used in the 
arts, if properly labelled and recorded as provided in section 
two, chapter two hundred and thirteen of the Revised 
Laws : — muriatic acid, oxalic acid, nitric acid, sulphuric 
acid, arsenic, cyanide of potassium, mercury, phosjihorus, 
and sulphate of zinc. Whoever not being a registered Penalty, 
pharmacist, sells, or offers for sale, at retail, drugs, med- 
icines, or poisons, other than those enumerated above, 
shall be punished by a fine not exceeding fifty dollars. The widow, etc., 
widow, executor or administrator of a registered ])harma- biSness^'etc^ 
cist who has died or the wife of one who has become inca- 
pacitated may continue his business under a registered 
pharmacist, who may also be considered qualified to receive 
a sixth class license to be exercised upon said premises of 
said deceased or incapacitated pharmacist under the regis- 
tered licensee's personal supervision. The provisions of vfs^on"onaw 
section twenty-two of chapter one hundred, so far as they ^ot to appij'. 
may be inconsistent herewith, shall not apply to licenses 
issued hereunder. 

Section 2. Section sixteen of said chapter severity-six r. l. 76. § le, 
of the Revised Laws, as amended by chapter one hundred '^^^" ^'^^'^^'"^■ 
and forty of the acts of the year nineteen hundred and 
seven, is hereby further amended by striking out the words 
" the enforcement of which is under the supervision of the 
board of registration in pharmacy ", in the seventh and 
eighth lines, so as to read as follows: — Section 16. The Hearings on 
board shall hear all applications by registered pharmacists and eom'-'"^^ 
for the granting of sixth class licenses, if a hearing is re- p^^'°*^- 
quested by the applicant, and all complaints made to them 
against any person registered as a pharmacist charging him 



126 Acts, 1910. — Chap. 173. 

in his business as a pharmacist with violating any of the 
laws of the commonwealth, and especially of the laws relat- 
ing to the sale of intoxicating liqnors ; or engaging with, 
or aiding or abetting, another in the violation of said laws ; 
or, if he himself is not the owner and actively engaged in 
such business, with suffering or permitting the use of his 
name or certificate of registration by others in the conduct 
of the business of pharmacy. Such complaint shall set out 
the offence alleged and be made within fifteen days after 
the date of the act complained of, or within thirty days 
after a conviction by a court of competent jurisdiction. 
The board shall notify the person complained against of the 
charge against him and of the time and j^lace of the hear- 
ing at which he may appear with his witnesses and be heard 
by counsel. Three of the members of the board shall be a 
quorum for such hearing. Witnesses at hearings before 
such board shall testify under oath and may be sworn by a 
member of the board. The board shall have power to send 
for persons and compel the attendance of witnesses at said 
hearings. 
Repeal. Section 3. All acts and parts of acts inconsistent here- 

with are hereby repealed. 

Sectiox 4. This act shall take effect upon its passage. 

Approved March 5, 1910. 

Chajp.Vi^ A^ Act making appropeiations for the maintenance 
OF the monson state hospital. 

Be it enacted, etc., as follows: 

hoTitai ^^"^^ Section 1. The sums hereinafter mentioned are appro- 
priated for the maintenance of the Monson state hospital 
during the fiscal year ending on the thirtieth day of Novem- 
ber, nineteen hundred and ten, to wit : — 

From the receipts of said hospital now in the treasury of 
the commonwealth, the sum of twenty-seven thousand five 
hundred forty-one dollars and seven cents ; and from the 
treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding one hundred thirty-nine thousand nine 
hundred fifty-eight dollars and ninety-three cents. 

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

Approved March 5, 1910. 



Acts, 1910. — Chaps. 174, 175, 17G. 127 



An Act making an appeopriation for the mainte- Chap.174: 

NANCE OF THE STATE INFIRMARY. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding three hundred and fnAr^ary. 
eight j-eight 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 infirm- 
ary for the fiscal year ending on the thirtieth day of Novem- 
ber, nineteen hundred and ten. 

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

Aj) proved March 5, 1910 

An Act making appropriations for continuing the Chap.175 

PUBLICATION OF THE PROVINCE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the purpose of completing 
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, nineteen hundred 
and ten, to wit : — 

For the salary of the editor, two thousand dollars. Province 

For the salary of the chief clerk, fifteen hundred dollars. cMef cierk^' 
For clerical service and a messenger, a sum not exceed- Clerical serv- 

o ; ice, etc. 

ing thirty-one hundred dollars. 

For stationery, postage, travelling and other expenses, a Expenses, 
sum not exceeding one hundred and fifty dollars. 

For printing and binding such volumes as may be com- Printing and 
pleted, a sum not exceeding twenty-five hundred dollars, 
the same to be in addition to any amount heretofore appro- 
priated for this purpose. 

Section 2. This act shall take efl^ect upon its passage. 

Approved March 5, 1910. 



ChaijllQ 



An Act relative to designations ojs. the official bal- 
lot AT municipal elections IN THE CITY OF TAUNTON. 

Be it enacted, etc., as follows: 

Section six of chapter four hundred and fortv-eiffht of P«°^' ^^^\ . 

i , _ •> o s 6, amended. 

the acts of the year nineteen hundred and nine is hereby 



128 



Acts, 1910. — Chap. 177. 



Designation 
on official 
ballot. 



amended by adding at the end thereof the words : — The 
name of each candidate nominated at said preliminary elec- 
tion or caucus shall be printed on the ballot for the munici- 
pal election following, with this designation only, '' Caucus 
Nominee ". 

Approved March 5, 1910. 



Chap.177 



Taking of 

scallops 

regulated. 



Proviso. 



Not to be 
taken be- 
tween April 1 
and October 1, 
etc. 



Taking 
limited. 



Penalty. 



AiST Act to regulate the taking of scallops. 
Be it enacted, etc., as follows: 

Section 1. It shall be unlawful to take from the flats 
or waters of the commonwealth scallops other than adult 
scallops, or to sell or offer for sale or have in possession 
such scallops so taken. For the purposes of this act an 
adult scallop shall be a scallop with a well defined raised 
annual 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 imme- 
diately 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 scal- 
lops unavoidably taken : provided, that the number so taken 
at any one time does not exceed five 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. ]Sro person shall take scallops between the 
first day of April and the first day of October from the 
flats or waters of the commonwealth, or buy or 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 
the waters adjacent to the town of Nantucket 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 by hand for food for his own personal or family 
use. 

Section 3. No person shall take more than ten bushels 
of scallops including shells in one day. 

Section 4. Whoever violates any provision of this act 
shall be punished by a fine not exceeding twenty-five dol- 
lars. Possession of scallops, other than adult scallops, ex- 
cept as is otherwise provided in section one, shall be prima 



Acts, 1910. — Ciiai>. 178. 129 

facie evidence that such scallops were taken contrary to 
law. 

Section 5. Chapter four hundred and three of the acts Repeal, 
of the year nineteen hundred and nine and all acts and 
j)arts of acts inconsistent herewith are hereby repealed. 

Approved 31 arch 5, 1010. 

An Act to provide for the appointment of assistant (JJiav.llS 

ASSESSORS OF THE CITY OF WORCESTER IN MARCH. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-three of chapter four hun- isos, 444, 
dred and forty-four of the acts of the year eighteen hun- "^•^'"«^" 
dred and ninety-three is herel)y amended by striking out 
the word " April ", in the fourtlf sentence, and inserting in 
place thereof the word : — March, — so as to read as fol- 
lows : — Section 33. The city council shall, by concurrent Assessors, 

^ Glection, 

vote, the board of aldermen acting first, elect by ballot three term, etc. 
persons to be assessors of taxes, one jDerson to be elected in 
the month of January in each year, whose compensation 
shall be fixed by concurrent vote of the city council, and to 
hold office for the term of three years from his election. 
The present assessors shall continue to hold office, unless 
sooner removed, for two years from the first Monday of 
January next after their election. In case of a vacancy vacancy, 
in the board of assessors by death, resignation, removal or 
otherwise, such vacancy shall be filled by the choice of an- 
other in the manner aforesaid, who shall hold his office 
for the unexpired term for which the member in whose 
place he shall be elected would have held the same. The Assistant 
mayor shall annually in the month of March appoint one app*^ofntm'ent, 
person in each ward, who shall be a resident therein, to be ^'^' 
an assistant assessor, and such other persons at large to be 
assistant assessors as the city council from time to time may 
by ordinance determine. Such assistant assessors, on being 
confirmed by the board of aldermen, and having been sworn 
to the faithful performance of their duties, shall be quali- 
fied to perform all the duties of assistant assessors. Any vacancy. 
vacancy occurring in any such offices, whether from death, 
resignation or otherwise, shall be filled by appointment, by 
the mayor, of some person who shall serve during the re- 
mainder of such unexpired term. All taxes shall be Assessment of 
assessed, apportioned and collected in the manner pre- ^^^^' 



130 



Acts, 1910. — Chaps. 179, 180. 



scribed by the general laws of the commonwealth: pro- 
vided, however, that the city council may establish further 
or additional provisions for the collection thereof. 

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

Approved March 5, 1910. 



ChajjMd 



Report of 
chief of 
district police 
on fires. 



Ax Act relative to the printing of the annual ke- 

rORT ON FIRES OF THE CHIEF OF THE DISTRICT rOLICE. 

Be it enacted, etc., as follows: 

Section 1. The chief of the district police may an- 
nually have printed for distribution, with the approval of 
the insurance commissioner, additional copies of the annual 
report of his official action.in the matter of fires, to a num- 
ber not exceeding twenty-five hundred. 

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

Approved March 1, 1910. 



Chaj).lSO Ax Act to authorize the city of haverhill to dis- 
continue CERTAIN PUBLIC LANDINGS AND TO CONSTRUCT 
WHARVES ON THE MERRIMAC RIVER IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Haverhill may discontinue and 
close as public landings two city landings located on the 
Merrimac river, on the southerly side of Water street, in 
Haverhill, and shown as city landing number six and city 
landing number eight on plans on file in the office of the 
city engineer of Haverhill. 

Section 2. The said city may construct wharves or 
abutments on and deposit filling upon the land comprising 
said landings, and may extend such wharves, abutments 
and filling on the river side of said land to the harbor line 
established by chapter three hundred and twenty-seven 
of the acts of the year nineteen hundred and five. All 
work done hereunder shall be subject to the provisions of 
chapter ninety-six of the Revised Laws. 

Section 3. This act shall take effect upon its passage. 

Approved March 7, 1910. 



May discon- 
tinue certain 
public 
landings. 



May construct 
wharves, etc. 



Acts, 1910. — Chap. 181. 131 



An Act relative to the incorporation of charitable Chap.lSl 

CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter one hundred and J^-g^^^e^'ded. 
tAventy-five of the Kevised Laws is hereby amended by 
striking out the words " or home for the care and support 
of minor children ", in the second and third lines, by strik- 
ing out the word " may ", in the third line, and inserting 
in place thereof the word : — shall, — by inserting after 
the word " thereto ", in the eighth line, the words : — and 
shall give them a public hearing, notice of which shall be 
published once a week for three successive weeks in some 
paper published in the county in which the corporation is 
to have its principal office or rooms, and if said office or 
rooms are to be in Boston, in some Boston daily paper, 
the last publication to be at least three days before the day 
set for the hearing, ■ — and by striking out the words " to 
have charge of minor children ", in the thirteenth and 
fourteenth lines, so as to read as follows : — Section 5. J^cha^^^able*^ 
Before making and issuing a certificate for the incorpora- corporations, 
tion of a charitable corporation the secretary of the com- 
monwealth shall also forward such statement as is described 
in the preceding section to the state board of charity, which 
shall immediately make an investigation as to the persons 
who have asked to be incorporated and as to the purposes 
of the incorporation, and any other material facts relative 
thereto, and shall give them a public hearing, notice of 
which shall be published once a week for three successive 
weeks in some paper published in the county in which the 
corporation is to have its principal office or rooms, and if 
said office or rooms are to be in Boston, in some Boston 
daily paper, the last publication to be at least three days 
before the day set for the hearing, and shall forthwith 
report to the secretary of the commonwealth all the facts 
ascertained by it. If it appears to the secretary of the 
commonwealth from said report or otherwise that the prob- 
able purpose of the formation of the proposed corporation 
is to cover any illegal business, or that the persons asking 
for incorporation are not suitable persons, from lack of 
financial ability or from any other cause, he shall refuse 
to issue his certificate. If he refuses to issue his certificate. 



132 Acts, 1910. — Chaps. 182, 183. 

the persons asking to be incorporated may aj)i)eal to the 
superior court, which shall hear the case and tinallj tk'ter- 
mine whether or not the certificate of incorporation shall 
be issued. 

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

Approved March 7, 1010. 

Chcip.lS2 Ax Act kklativk to tiik fusing of vacancies in nom- 
ination PAI'EIJS. 

Be it enacted, etc., as foUoirs: 

1907, SCO, Section one hundred and twenty-six of chapter five hun- 

amcnded. drcd and sixty of the acts of the year nineteen hundred and 

seven is hereby amended by adding at the end thereof the 
FiiiinfTof words: — If at any time snbsecpient to the expiration of 

raused'*"* the time for filling vacancies it shall appear that a vacancy 
by death. j^^g been Created by death, the chairman of the city or town 

committee may file with the city or town clerk or, in Bos- 
ton, with the election commissioners, a new name to fill 
such vacancy; and if the time is sufficient therefor, the new 
name shall be printed upon the official ballot. 

Approved March 7, 1910. 

Chap.lSS An Act to authorize the city of evekett to bokkow 

money for school purposes. 

Be it enacted, etc., as follows: 
Everptt Section 1. The city of Everett, for the purpose of con- 

Act of 1910. structing, equipping, and furnishing school buildings, and 
for the purchase of land therefor, may issue from time to 
time, notes or bonds to an amount not exceeding two hun- 
dred thousand dollars, and the same shall not be recktmed 
in determining the statutory limit of indebtedness of the 
city. Such notes or bonds shall bear on their face the 
words, Everett School Loan, Act of 1010; shall l)e payable 
at the expiration of periods not exceeding twenty years 
from the date 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, countersigned by the 
auditor and approved ])y the mayor. The city may sell 
such securities at public or jirivate 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 



Acts, 1910. — Chaps. 184, 185. 133 

the securities shall not be sold for less than the par value 
thereof. 

Section 2. The said city shall, at the time of authoriz- Payment 
ing the said loan, provide for the payment thereof in such 
annual proportionate payments, beginning not more than 
one year after the first issue of any of such notes or bonds, 
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 will be sufficient to pay the interest as it accrues 
on the said notes or bonds, and to make such payments on 
the principal as may be recpiired under the provisions of 
this act shall, without further vote, be assessed by the 
assessors of the city in each year thereafter, in the same 
manner in which other taxes are assessed, until the debt 
incurred by said loan is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved March 9, 1910. 

An Act to authorize the civil service commissioners rihn^ IQ4 

TO APPOINT A DEPUTY EXAMINER. 

Be it enacted, etc., as follows: 

Section 1. The civil service commissioners may ap- Deputy civil 
point a deputy examiner who, under their direction, shall exam'iner, 
superintend any examination held under the provisions ^ppomtment, 
of chapter nineteen of the Revised Laws and acts in amend- 
ment thereof, and shall perform such other duties as the 
commissioners may prescribe. lie shall receive such an- Salary, etc. 
nual salary, not exceeding twenty-five hundred dollars, as 
shall be approved by the governor and council, together 
with travelling expenses incurred in the performance of 
his official duties. 

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

Approved March 9, 1910. 

An Act relative to discrimination or rebates 01^ r*7,/yi^ 1Q/^ 

PREMIUMS ON POLICIES ISSUED BY INSURANCE COM- ^ ' 

PANIES OTHER THAN LIFE. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter five hundred and P-P^'ifA^^ 

i . S ''i amendea. 

eleven of the acts of the year nineteen hundred and eight 
is hereby amended by adding at the end thereof the words : 



134 Acts, 1910. — Chaps. 18G, 187. 



Payment of — iior sliall tliis act be so construed as to prevent any corn- 
certain com- n • i / 1 • 

missions, etc., panj irom paving to another insurance company or to any 
not affected. person wbo is a duly authorized agent, sub-agent or broker, 
and who holds himself out and carries on business in good 
faith as such, or to prevent an insurance company or such 
a person from receiving a commission in respect to any 
policy under which it itself or he himself is insured. 
Section 2. This act shall take effect upon its passage. 

Approved March 9, 1910. 

Chajy.^SG An Act relative to tjie indebtedness of the city of 

FALL RIVER FOR SCHOOL TUKPOSES. 

Be it enacted, etc., as follows: . 
1909, 179 Section 1. Section one of chapter one hundred and 

§ 1, amended. . ™ , „ , ^ . i i i i 

seventy-nine oi the acts oi the year nineteen hundred and 
nine, which authorizes the city of Fall River to incur in- 
debtedness for school purposes, is hereby amended by 
May be in adding at the end thereof the words : — The indebtedness 
previously hereby authorized may be incurred in addition to any in- 
rndeMedness. debtediicss previouslv authorized to be incurred by the 
city. 

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

Approved March 9, 1910. 

CJfdp.lSl An Act to prohibit the sale or transfer of the 
assets of a corporation in fraud of the common- 
wealth. 

Be it enacted, etc., as follows: 

Sale or Section 1. The salc or transfer, otherwise than in the 

assets of a Ordinary course of trade and in the regular and usual 
inTrau'd'of the prosecutioii of the Corporation's business, of any part or 
p°"hTbi"eT'*"*' the whole of the assets of a corporation which is subject 
to the provisions of chapter four hundred and thirty-seven 
of the acts of the year nineteen hundred and three, and 
acts in amendment thereof and in addition thereto, and 
which is liable to taxation thereunder, shall be fraudulent 
and void as against the commonwealth, unless such cor- 
poration shall, at least five days before the sale or transfer, 
notify the treasurer and receiver general of the proposed 
sale or transfer and of the price, terms and conditions 



Acts, 1910. — Chaps. 188, 189. 135 

thereof, and of the character and h)cation of said assets. 
Whenever such a corporation shall make such a sale or 
transfer, the tax imposed by said chapter, or by acts in 
amendment thereof or in addition thereto, shall become 
due and payable at the time when the treasurer and re- 
ceiver general is so notified, or, if he is not so notified, 
at the time when he should have been notified. 

Section 2. Xothins; in this act shall apply to sales by Not to apply 

to certain 

receivers, assignees under a voluntary assignment for the sales. 
benefit of creditors, trustees in bankruptcy, or by public 
officers under judicial process. 

Section 3. This act shall take effect upon its passage. 

Approved March 9, 1910. 

An Act to authokize the appointment op an assist- (J]iq,) ^QQ 
ant clerk of courts for the county of plymouth. 

Be it enacted, etc., as follows: 

Section 1. The iustices of the supreme iudicial court, Assistant 

. : clerk of 

or a majority of them, may appoint an assistant clerk of courts, 
courts for the county of Plymouth, who shall be subject county" Vp- 
to the provisions of law applicable to assistant clerks of et°c.'''™^"*' 
courts, and who shall receive an annual salary of fifteen 
hundred dollars, to be paid by said county. 

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

Approved March 9, 1910. 



Chap.lS9 

ADDITIONAL INDEBTEDNESS, BEYOND THE LIMIT FIXED -^ 

BY LAW, FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Fall Eiver, for the purpose of ^aii River 

1 . ^, . "^ . . , , IP School Loan, 

purcnasmg or otherwise acquiring land, and of construct- Act of 1910. 
ing school buildings thereon, and of equipping a new high 
school building in that city, may incur indebtedness, in 
addition to that previously authorized, to an amount not 
exceeding two hundred and seventy-five thousand dollars, 
and may issue bonds, notes or scrip therefor, to be denom- 
inated on the face thereof, Fall River School Loan, Act 
of 1910. Such bonds, notes or scrip shall be signed by the 
treasurer of the city and countersigned by the mayor. 



136 Acts, 1910. — Chap. 190. 

They shall be payable at the expiration of periods not ex- 
ceeding 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 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 

Proviso. terms and conditions as it may deem proper: provided, 

that they shall not be sold or pledged for less th^an their 
par value. 

Payment Sectiox 2. Tlic city at the time of authorizing said 

of loan. ^ "J _ o 

loan shall provide for the payment thereof in such annual 
proj^ortionate 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 with- 
out 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 9, 1910. 

Chaj).1^0 Ax Act makixg ax appropriation for the care and 

MAINTENANCE OF WELLINGTON BRIDGE BY THE METRO- 
POLITAN PARK COMMISSION. 

Be it enacted, etc., as follows: 
Care and Section 1. The sum of scveii thousand and twelve 

maintenance .ii -i i • i p ^ ht 

of Welling- dollars IS hereby appropriated, to be paid out or the Metro- 
politan Park System, Wellington Bridge, jMaintenance 
Fund, under the direction of the metropolitan park com- 
mission, for the care and maintenance of Wellington 
bridge, including dvaw-toiiders, labor, lighting, watering, 
supplies and miscellaneous expenses, and also the installa- 
tion of a motor, for the fiscal year ending on the thirtieth 
day of T^ovember, nineteen hundred and ten, in accord- 
auce 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 tiikc effect upon its passage. 

Approved March 9, 191(k 



Acts, 1910. — Chaps. 191, 192, 193. 137 



An Act making an api-kopuiatiox for tiik care and (JJiap.191 

MAINTENANCE OF THE NANTASKKT BEACH RESERVATION 
BY THE METROPOLITAN PARK COMMISSION. 

Be it enacted, etc., as folio trs: 

Section 1. The sum of twenty-six thousand nine hun- Careand 

. - -iixi ' 1 i-Cj-l, maintenance 

(Ired dollars is hereby appropriated, to be paid out oi tne of Nantasket 
Metropolitan Park System, Is'antasket, Maintenance ervaudn!' 
Fund, for the care and maintenance of the Nantasket 
beach reservation by the metropolitan park commission 
during the fiscal year ending on the thirtieth day of No- 
vember, nineteen hundred and ten, this amount to be re- 
paid to the commonwealth by the cities and towns in the 
metropolitan district, in accordance with the provisions 
of chapter four hundred and sixty-four of the acts of the 
year eighteen hundred and ninety-nine. 

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

Approved March 9, 1910. 



An Act to cpiange the name of the broadbrooks (JJ)ap^\()2 

FREE library ASSOCIATION OF HARWICH. 

Be it enacted, etc., as follows: 

Section 1. The name of The Broadbrooks Free Li- ^^^^^^ 
brary Association of Harwich is hereby changed to The 
Brooks Library Association. 

Section 2. All gifts, grants, bequests and devises here- Gifts, be- 
tofore or hereafter made to the said corporation by either ''"''^ 
of said names shall vest in The Brooks Library Association. 

Section 3. This act shall take effect upon its passage. 

Approved March 9, 1910. 

An Act relative to the sale of articles received or Qlfdj^ ^93 

PURCHASED BY JUNK COLLECTORS. 

Be it enacted, etc., as follows: 

Section 1. Section thirty of chapter one hundred and f-^]^l^J^' 
two of the Revised Laws, as amended by section two of amended.' 
chapter one hundred and eighty-seven of the acts of the 
year nineteen hundred and two, is hereby further amended 
by striking out the words " one week ", in the twenty-fourth 
line, and inserting in place thereof the words : — thirty 



138 



Acts, 1910. — Chap. 194. 



Cities and 
towns may 
make rules 
governing 
junk dealers, 
etc. 



days, — so as to read as follows : — Section 30. A city or 
town may provide by ordinance or by-law that every keeper 
of a shop for the purchase, sale or barter of junk, old 
metals or second hand articles, within its limits, shall keep 
a book, in which shall be written, at the time of every pur- 
chase of any such article, a description thereof, the name, 
age and residence of the person from whom, and the day 
and hour when, such purchase was made; that such book 
shall at all times be open to the inspection of the mayor 
and aldermen or selectmen and of any person by them re- 
spectively authorized to make such inspection ; that every 
keeper of such shop shall put in a suitable and conspicuous 
place on his shop a sign having his name and occupation 
legibly inscribed thereon in large letters ; that such shop, 
and all articles of merchandise therein, may be at all times 
examined by the mayor and aldermen or selectmen, or by 
any person by them respectively authorized to make such 
examination ; and that no keeper of such shop and no junk 
collector shall, directly or indirectly, either purchase or re- 
ceive by way of barter or exchange any of the articles afore- 
said of a minor or apprentice, knowing or having reason to 
believe him to be such ; and that no article purchased or 
received by such shopkeej^er shall be sold until at least 
thirty days from the date of its purchase or receipt has 
elapsed. A city or town may also prescribe in like maimer 
the hours in which such shops shall be closed, and that no 
keeper thereof and no junk collector shall purchase any of 
the articles aforesaid during such hours. 

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

Approved March 9, 1910. 



ChapA^4: An Act to extend the time within which the new 

YORK, BROCKTON AND BOSTON CANAE AND TRANSPORTA- 
TION COMPANY SIIAEL REFUND CERTAIN MONEY TO THE 
COMMONWEALTH. 

Be it enacted, etc., as folloirs: 

Section 1. The time within which, by the provisions 
of section twenty-two of chapter five hundred and thirty- 
two of the acts of the year nineteen hundred and six, as 
amended by chapter five hundi'ed and fifty-four of the acts 
of the year nineteen hiiiidred and seven, and as further 
amended by chapter four hundred and seventy-two of the 



Time 
extended 



Acts, 1910. — Chaps. 195, 19G. 139 

acts of the year nineteeu hundred and eight, the New York, 
Brockton and Boston Canal and Transportation Company 
is required to refund to the conmionwealth certain moneys 
expended by the board of harbor and hind commissioners 
under chapter one hundred and four of the resolves of the 
year nineteen hundred and one is hereby extended, so that 
said moneys shall so be refunded within two years after the 
passage of this act. 

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

Approved March 9, 1910, 

Aiv Act to authorize the new london northern rail- (JJia7).~i95 

ROAD company TO ISSUE BONDS. 

Be it enacted, etc., as follows: 

Section 1. The New London Northern Railroad Com- May issue 
pany is hereby authorized to issue bonds, signed by its *"^ **' ^ '^' 
president and treasurer, to an amount not exceeding one 
million five hundred thousand dollars, for the purpose of 
retiring its present bonded indebtedness. Said bonds shall 
be payable not more than fifty years from their date, and 
shall bear interest at the rate of not more than five per 
cent per annum, payable semi-annually. 

Section 2. The New London Northern Railroad Com- Bonds may be 
pany may secure the said bonds by a mortgage of all or any mort^'age.* 
part of its property and franchises wherever and however 
situated, acquired or to be acquired, to a trustee or trustees 
for the holders of the bonds. 

Section 3. This act shall take effect upon its passage. 

Approved March 11, 1910. 



Cliap.l9(S 



An Act to provide for the retirement of members op 

the fire department of the city of new BEDFORD. 

Be it enacted, etc., as follows: 

Section 1. The board of fire engineers of the city of Members of 

«— ' «/ the lire de- 

New Bedford, with the approval of the mayor, may retire partmentof 

n ,. ' . 1 I ^ • n thecitrof 

from active service and place upon a pension roll any per- New Bedford 
manent member of the fire department of that city, who, t?red!*et^^ 
by injuries sustained through no fault of his and in the 
actual performance of his duty, has become permanently 
disabled, mentally or physically, from useful service in 
the department, and may retire from active service and 



140 Acts, 1910. — Chaps. 197, 198. 

place upon a pension roll any permanent member of said 
department who has performed faithful service therein for 
a period of not less than twenty consecutive years and who 
has reached the age of sixty years, if, in the judgment of 
said board, such member is disabled from useful service in 

Proviso. tlie department : provided, however, that no member of said 

department shall be retired for permanent total disability 
except upon the certificate of the city physician, which cer- 
tificate shall be tiled with the records of the board. Every 
person retired under the provisions of this act shall an- 
nually receive as a pension a sum equal to one half of the 
annual compensation received by him at the time of his 
retirement, the said amount to be paid by the city, which 
shall provide money therefor. 

Timeoftak- Section 2. This act shall take effect when accepted 

by the city council of the city of New Bedford. 

Approved March 11, 1910. 

Chap.197 An Act to limit the authority of a gas or electric 

LIGHT COMPANY TO CHANGE ITS LOCATION. 

Be it enacted, etc., as follows: 

R. L. 109, Section 1. The provisions of section seven of chapter 

apply to one hundred and nine of the Revised Laws shall not apply 

colourations, to a Corporation organized for the purpose of making or 
Proviso. selling gas or electricity : provided, Jiowever, that the board 

of gas and electric light commissioners may, after notice 
and a public hearing in each case, authorize such a corpora- 
tion to carry on the business for which it was incorporated 
in a city or town other than that named in its agreement 
of association or charter, with all the rights, powers and 
privileges and subject to all the duties and liabilities set 
forth in all general laws now or hereafter in force appli- 
cable to such corporations. 

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

Approved March 11, 1910. 

Chap.l9S An Act to establish the names or certain state 

sanatoriums. 

Be it enacted, etc., as follows: 
Nampsof Section 1. The name of the Massachusetts state sana- 

sanaioriums torlum at Rutlaud shall hereafter be the Rutland State 

established. 



Acts, 1910. — Chaps. 199, 200. 141 

8{uial(triiiiii ; and the luviucs of the three saiuitoi'iuiiis pro- 
vided for by chai)tcr four hundred and seventy -four of the 
acts of the year nineteen hundred and seven shall hereafter 
be, respectively, the jS'orth Heading State Sanatorium, the 
Lakeville State Sanatorium, and the Westfield State Sana- 
torium. 

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

Approved March 11, 1910. 

An Act to AUTiroRizE the county of Plymouth to in- QJi(ip^1()Q 
CUE additional indebtedness for completing cer- 
tain BUILDINGS IN THE TOWN OF PLYMOUTH. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county County of 
of Plymouth are hereby authorized to borrow on the credit mi"in"ur 
of the county a sum not exceeding fifty thousand dollars for climpieting 
for the purpose of completing and furnishing the jail and ^r^^\^}P^ ^■ 
house of correction now in process of construction at Plym- Plymouth, 
outh and of building two houses for the master and officers. 
This sum shall be in addition to the amounts authorized 
by chajjter three hundred and seventy-six of the acts of the 
year nineteen hundred and seven, as amended by chapter 
five hundred and sixty-nine of the acts of the same year. 
The indebtedness hereby authorized shall be paid out of the Payment of 
amounts raised by taxation at the rate of not less than five '"^ebtedness. 
thousand dollars each year, beginning with the year nine- 
teen hundred and thirteen, until the whole indebtedness is 
paid, and shall bear interest payable semi-annually at a 
rate not exceeding four per cent per annum. 

Section 2. All sums received by said county prior to Certain sums 
November first, nineteen hundred and twenty-two, from the Jo payment*^ 
sale of any real estate shall be used for the payment of of securities. 
the securities issued hereunder. 

Section 3. This act shall take effect upon its passage. 

Approved March 11, 1910. 

An Act relative to the placing of statements on f^Jifin QQO 

NOMINATION PAPERS. 

Be it enacted, etc., as follows: 

Section one hundred and twenty-one of chapter five hun- lao?, seo, 
dred and sixty of the acts of the year nineteen hundred Amended. 



142 Acts, 1910. — CnAr. 201. 

and seven is hereby amended by striking ont the words 

" such be the fact ", in the sixth line of the first paragraph, 

and inserting in place thereof the words : ^ — he is at the 

time an incumbent of the office for which he seeks renomi- 

nation for another term, but not otherwise, — so that the 

Certain in- Said paragraph will read as follows: — Section 121. The 

iiia™bc'g?vcn nomination paper for an elective office shall give the name 

camiidatcf of the Candidate, the street and number, if any, of his resi- 

offices'"''^^ dence, and may, in not more than eight words, state his 

occupation, the public offices he has held or that he is a 

candidate for renomination, provided that he is at the time 

an incumbent of the office for which he seeks renomination 

for another term, but not otherwise. 

Approved March 11, 1910. 

Chap.201 Ax Act relative to military drill ijv public schools. 

Be it enacted, etc., as follows: 
R. L42 §34. Section" 1. Section thirty-four of chapter forty-two of 
the Revised Laws is hereby amended by striking out the 
last sentence in said section and inserting in place thereof 
the following: — Xo pupil shall be required to take part in 
any military exercise if his parent or gniardian is of the 
religious denomination of Quakers or Shakers or of any 
other religious denomination conscientiously opposed to 
bearing arms, or if said parent or guardian is himself con- 
scientiously scrupulous of bearing arms, and so notifies the 
school committee in writing; or if a physician of good 
standing shall certify in writing that in his opinion such 
exercise would be injurious to the pupil's health, — so as 
School com- ^Q read as follows : — Section 34. The school committee 
proscribe shull (Hrcct what books shall be used in the public schools, 

studies, etc. and shall prescribe, as far as is practicable, a course of 
studies and exercises to be pursued therein. Such exer- 
cises may, at the discretion of the committee, include 
calisthenics, gymnastics and military drill ; but no special 
instructors shall be employed therefor except by a two 
thirds vote of the committee. I^o pupil shall be required 
to take part in any military exercise if his parent or 
guardian is of the religious denomination of Quakers or 
Shakers or of any other religious denomination conscien- 
tiously opposed to bearing arms, or if said parent or guar- 
dian is himself conscientiously scrupulous of bearing arms, 



Acts, 1910. — Chaps. 202, 203, 204. 143 

and so notifies tlic school committee in writing; or if a 
l^hysician of good standing shall certify in writing that in 
his opinion such exercise would be injurious to the pupil's 
health. 

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

Approved March 11, 1910. 

An Act to authorize the city of newton to widen 0/^^^^ 202 
eiver street and to take part of a cemetery there- 
FOR. 

Be it enacted, etc., as follows: 

Section 1. The city of iSTewton, and any board au- River street 
thorized to lay out ways therein, is hereby authorized to may be °^ 
locate anew, alter and widen Kiver street in said city be- ^'dened, etc. 
tween Cherry street and Elm street, and to take therefor a 
part of the cemetery upon the northerly side of said street, 
not exceeding two thousand square feet ; and to construct 
said street as so located anew, altered and widened. 

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

Approved March 11, 1910. 

An Act relative to the resignation of members of nhnj) 203 

the board of aldermen of the city of WORCESTER 
AND TO FILLING VACANCIES. 

Be it enacted, etc., as follows: 

Section 1. Members of the board of aldermen of the Board of 
city of Worcester may resign to the board of aldermen the Worcester" 
office to which they have been elected, and if such resiena- !!fJ5"":i'°"^' 
tion be accepted by the board the vacancy thereby created 
shall be filled in the maimer provided in section seven of 
the city charter. 

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

Approved March 11, 1910. 



An Act to establish the salary of the physical in- 
spector employed by the civil service commis- 
sioners. 



Chap.204 



Be it enacted, etc., as follows: 

Section 1. The physical inspector employed by the salary of 
civil service commissioners shall be paid such annual salary, gpector em- 



IJ:^ 



Acts, 1910. — Chap. 205. 



ployed by the 
civil service 
commission. 



Repeal. 



not exceeding twenty-five bnndred dollars, as shall be ap- 
proved by the governor and council, to be so allowed from 
the first day of January in the year nineteen hundred and 
ten, together with his necessary travelling expenses in- 
curred in the jDerforniance of his duty. 

Section 2. So much of section one of chapter four hun- 
dred and sixty-five of the acts of the year nineteen hundred 
and six as is inconsistent herewith, is hereby repealed. 

Sectiox 3. This act shall take effect upon its passage. 

Approved March 11, 1910. 



Bell Rock 
Park. Maiden, 
to be called 
Bell Rock 
Memorial 
Park. 



Cha2).205 Ax Act kki.ative to bell rock memorial park in the 

CITY OF MALDEN. 

Be it enacted, etc., as follows: 

Section 1. The parcel of land heretofore acquired by 
the city of Maiden for park purposes, and called Bell Hock 
Park, shall hereafter be called Bell Eock Memorial Park. 
So much of the said park as shall be designated for that 
liurjiose by the board of park commissioners of the said 
city, by a vote of two thirds of its members, shall be set 
apart as a perpetual memorial of the self-sacrifice and pa- 
triotism of the founders of the town of ^[alden and of 
the inhabitants thereof, in the eras of the revolution and 
the civil war, and shall be dedicated to the promotion of 
patriotism, to the better understanding of civic rights and 
duties, and to the reception of monuments or memorials 
for those who have labored for the welfare or defence of 
the people. That part of the j^ark thus set off shall there- 
after be used only for such civic and patriotic purposes as 
the board of park commissioners may from time to time 
prescribe. X plan of the park showing the part set off, as 
aforesaid, shall be made and kept on file in the office of the 
park commissioners. 

Section 2. This act shall be submitted to the city coun- 
cil of the said city and shall take effect upon its acceptance 
by a two thirds vote of the members present and voting 
in each branch, with the approval of the mayor. 

Approved March 11, 1910. 



Time of 
taking effect. 



Acts, 1910. — Chaps. 20G, 207. 145 

An Act to aiithokize ArruoriiiATioxs by tiie town of (7/^(j« 200 

WALPOLE TOWAUD THE MAINTENANCE OF A VISITING 

NUKSE. 

Be it enacted, etc., a^ follows: 

Section 1. The town of Walpole is hereby authorized 5ff''i"^Ys'iUn 



ing 



to raise by taxation a sum of money not exceeding two hun- "urse in 
drcd and tifty dollars in any one year, and to appropriate 
the same toward the support and maintenance of a visiting 
nurse, the said money to be expended under the direction 
of the board of overseers of the poor. 

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

Approved March 11, 1910. 

An Act to establish the district coukt of leomin- (^han 9()7 

STER. 

Be it enacted, etc., as follows: 

Section 1. The towm of Leominster shall constitute a District 
judicial district, under the jurisdiction of a court, to be Leominster 
called the District Court of Leominster. established. 

Section 2. There shall be one justice and two special Justices, 

... clerk, etc. 

justices and a clerk of the court. All the provisions of 
law apjjlicable to district courts shall apply to said court. 

Section 3. Sittings of the said court for criminal busi- sittings of 

'-' . . court. 

ness shall be held at Leominster daily, except on Sundays 
and legal holidays. Sittings of the court for civil busi- 
ness shall be held each week at Leominster and as required 
by law, and on such other days as may be fixed by rule 
of court. 

Section 4. The first session of the court shall be held First session. 
on the first day of July in the year nineteen hundred and 
ten ; but nothing in this act shall affect any suit or other 
proceeding begun prior to said first day of July. 

Section 5. So much of this act as relates to the ap- Time of 
pointing and qualifying of the justices of the court and the ^ '"^'^ 
clerk of the court shall take effect upon its passage, and the 
remainder of this act shall take effect on the first day of 
July in the year nineteen hundred and ten. 

Approved March 11, 1910. 



14G 



Acts, 1910. — Chaps. 208, 209. 



Chap.20S A^' Act to authorize the Massachusetts homeopathic 

MEDICAL SOCIETY TO ORGANIZE DISTRICT MEDICAL SO- 
CIETIES. 

Be it enacted^ etc., as follows: 
The^Massa- xhe Massachusetts Homoeopathic Medical Society may 

Homceopathic organize district medical societies, of a nature kindred to 
sodcty may its owu, at BostoH, Salcm, Worcester, Springfield and other 
"rict medical placcs withiii the commonwealth, to be branches of and 
societies. auxiliary to the said Massachusetts Homoeopathic Medical 

Society and subject to its by-laws and to all other laws and 

statutes governing said society. 

Approved March 11, 1910. 



R. L. 62, § 22, 
superseded. 

Sealers to 
adjust and 
seal certain 
weights, meas- 
ures, etc. 



Penalty for 
hindering, 
obstructing, 
etc. 



Chap.209 Ax Act relative to the inspection and sealing of 

WEIGHTS AND MEASURES. 

Be it enacted, etc., as follows: 

Section 1. Chapter sixty-two of the "Revised Laws is 
hereby amended by striking out section twenty-two and in- 
serting in place thereof the following: — Section 22. 
After giving said notice, said sealers shall go to the houses, 
stores, shops or vehicles of j)ersons who neglect to comply 
therewith, and shall adjust and seal their weights, meas- 
ures and balances. Any person who shall neglect or refuse 
to exhibit his weights, measures or balances, used for the 
purpose of weighing or measuring, to a sealer or deputy 
sealer, or whoever hinders, obstructs or in any way inter- 
feres with a sealer or de])uty sealer in the performance of 
his duty shall be punished by a fine of not more than fifty 
dollars. 

Section 2. Said cha})ter sixty-two is hereby further 
amended by striking out section thirty-two and inserting in 
])lace thereof the following : — Section 32. All weights, 
measures and balances which cannot be made to conform 
to the standard shall be stamped " Condemned " or *' CD " 
by the sealer. All weights, measures and balances in the 
possession of a merchant or vendor that are not used for 
the purpose of buying or selling, or for the purpose of 
weighing and measuring for hire or reward shall be plainly 
marked by the sealer with a notice stating that such articles 
have not been sealed in accordance with the provisions of 



R. L. 62, § 3; 

superseded. 



Certain 
weights, 
measures, 
etc., to be 
marked. 



Acts, 1910. — Chaps. 210, 211. 147 

this chapter. Whoever removes said notice without the Penalty for 
consent of the person affixing the same shall be punished notice, etc. 
by a fine of not more than fifty dollars. 

Approved March 11, 1910. 



An Act in addition to an act making appropriations (7/ia».210 

FOR the payment OF CERTAIN SERIAL BONDS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriation 
priated, to be paid out of the treasury of the commonwealth ment of ceV- 
froni the ordinary revenue, to provide for the payment of bo'nds^"^'*' 
certain serial bonds during the present year, to wit : — For 
the payment of the Suffolk county court house serial bonds, 
due September first, nineteen hundred and ten, fifty-six 
hundred sixty-six dollars and sixty-seven cents; and for the 
payment of the state highway serial bonds, due October 
first, nineteen hundred and ten, ten thousand five hundred 
dollars ; these amounts to be in addition to the amounts ap- 
j)ropriated by chapter six of the acts of the present year. 

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

Approved March 11, 1910. 

An Act making appropriations for the maintenance (J]i(ir>.2iW 

OF THE MASSACHUSETTS HOSPITAL SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Massachusetts 
priated for the maintenance of the Massachusetts hospital schooif 
school for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and ten, to wit : — 

From the receipts of said school now in the treasury of 
the commonwealth, the sum of eleven thousand seventy-six 
dollars and eight cents ; and from the treasury of the com- 
monwealth from the ordinary revenue, a sum not exceeding 
forty-three thousand nine hundred twenty-three dollars and 
ninety-two cents. 

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

Approved March 11, 1910. 



148 Acts, 1910. — Chaps. 212, 213. 



C/i07^.212 An Act making AiTRorRiATioNs for the maintenance 

OF TJIE WRENTIIAM STATE SCHOOL. 

Be it enacted, etc., as follows: 

Wrentham Section 1. Thc siiius hereinafter mentioned are appro- 

state school. • 1 I- 1 • f \ \\j \ 11 

printed lor the niamtenunee oi the Wrentham state school 

for the fiscal year ending on the thirtieth day of November, 

nineteen hundred and ten, to wit : — 

From thc receii)ts of said school now in the treasury of 
the commonwealth, the sum of four hundred twenty-five 
dollars and sixty-five cents; and from the tnuisury of the 
commonwealth from the ordinary revenue, a sum not ex- 
ceeding forty-eight thousand five hundred seventy-four dol- 
lars and thirty-live cents. 

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

Approved March 11, 1010. 

Chap.213 An Act to autmoim/I'; iiik town of falmouth to htim) 

rUBEIC EANDINCS OK WHARVES IN OR NEAR DEACOn's 
rOND HARBOR. 

Be it enacted, etc., as follows: 
Town of Si'X'TiON 1. The town of Falmouth is hereby authorized 

Kiilmoulh may i i • i i • i 

iiiiiM public to construct one or more |)ublu' landings or vvliarves in or 
rt'(-.Vin'"o'rncar Hear Dcacou's 1*011(1 luirbor, and to expend therefor a sum 
Pond harbor. ""*^ exceeding twenty-five hundred dollars; and the said 
town may hereafter appropriate such sums as are necessary 
for the maintenance of any landings or wharves constructed 
under authoi-ity hereof. The said landings or wharves 
shall be constructed in accordance with the terms of license 
number three thousand three hundred and seventy-eight 
granted by the harbor and land commissioners to the town 
of l*\tlinoiilh, and in accordance with the plan in the office 
of the said commissioners corresponding to the said license. 
The sums to be expended under this act shall be raised by 
taxation in the same manner in which other expenses of 
the town are provided for. 

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

Approved March 11, 1910. 



Acts, 1910. — Chap. 214. 149 

An Act to make uniform tin-: law of hii,i,.s of ladino. CJiap.214: 
Be it enacted, etc., as follows: 

Part I. 

ISSUK OK lUM.S OF 1-AI)IN(). 

Skotion 1, Dills (>r liidiiii;- issued Ity any coiimioii cur- hhis of lading. 
rier sliull l)(> <>'ovci'ik'(1 by this iicl. 

Skctjon 2. Every bill shall emluxly within its written T.rn.stobe 

, emViodied 

or printed terms : — in bin. 

(a) The date of its issue, 

(b) The name of the jK'rson from wh<»m the goods have 
been received, 

(c) The place where; the goods have been received, 

(d) The place to which the goods are to be transported, 

(e) A statement whether th(! goods rec(>ived will be de- 
livered to a specified person, or to the order of a specilied 
person, 

(f) A description of the goods or of the packages con- 
taining them which may, hovv(!V(;r, be in such gcnieral terms 
as arc described in section twenty-three, and 

(g) The signature of \\w. carrier. 

A negotiable bill shall have the words " order of " printed 
thereon immediately before the name of the person upon 
whose oi'der the goods received are deliv(?rable. 

A carrier shall be liable to any person injured thereby 
for the damage caused by the; omission from a negotiable 
bill of any of the provisions required in this section. 

Skction 3. A carrier may insert in a bill, issued by Certain 
him, any other terms and conditions, provided that such maybVin-' 
terms and conditions shall not — biri!*etc." 

(a) Be contrary to law or ])ublic ])olicy, or 

(b) In any wise imj)air his obligation to exercise at 
least that degree of care in the transportation and safe- 
keeping of the goods entrusted to him which a reasonably 
careful man would exercise in regard to similar goods of 
his own. 

Spx'tion 4. A bill in which it is stated tliat the goods NonneKotiabie 
are consigned or destined to a specified person, is a non- blif. '^*'^' 
negotiable or straiffht bill. 



150 



Acts, 1910. — Chap. 214. 



Negotiable or 
order bill. 



Certain ne- 
gotiable bills 
not to be 
issued in 
parts or sets, 
etc. 



Duplicate 
bills to be 
so marked. 



Non-negotiable 
bills to be 
so marked. 



Certain in- 
sertions not 
to limit ne- 
gotiability 
of bill. 



Certain per- 
sons not to be 
allowed to 
deny being 
bound by 
certain terms 
and conditions. 



Sectiok^ 5. A bill in which it is stated that the goods 
are consigned or destined to the order of any person named 
in such bill, is a negotiable or order bill. 

Any provision in such a bill that it is non-negotiable shall 
not affect its negotiability within the meaning of this act. 

Section 6. l^egotiable bills issued in this state for the 
transportation of goods to any place in the United States 
on the continent of IsTorth America, except Alaska, shall 
not be issued in parts or sets. 

If so issued, the carrier issuing them shall be liable for 
failure to deliver the goods described therein to any one 
who purchases a part for value in good faith, even though 
the purchase be after the delivery of the goods by the car- 
rier to a holder of one of the other parts. 

Section 7. When more than one negotiable bill is 
issued in this state for the same goods to be transported to 
any place in the United States on the continent of North 
America, except Alaska, the word " duplicate " or some 
other word or words indicating that the document is not 
an original bill, shall be placed plainly upon the face of 
every such bill, except the one first issued. A carrier shall 
be liable for the damage caused by his failure so to do to 
any one who has purchased the bill for value in good faith 
as an original, even though the purchase be after the de- 
livery of the goods by the carrier to the holder of the orig- 
inal bill. 

Section 8. A non-negotiable bill shall have placed 
plainly upon its face by the carrier issuing it " non-negoti- 
able " or " not negotiable." 

This section shall not apply, however, to memoranda or 
acknowledgments of an informal character. 

Section 9. The insertion in a negotiable bill of the 
name of a person to be notified of the arrival of the goods 
shall not limit the negotiability of the bill, or constitute 
notice to a purchaser thereof of any rights or equities of 
such person in the goods. 

Section 10. Except as otherwise provided in this act, 
where a consignor receives a bill and makes no objection 
to its terms or conditions at the time when he receives it, 
neither the consignor nor any person who accepts delivery 
of the goods, nor any person who seeks to enforce any pro- 
vision of the bill, shall be allowed to deny that he is bound 
by such terms and conditions, so far as they are not con- 
trary to law or public policy. 



Acts, 1910. — Chap. 214. 151 



Part II. 

OBLIGATIONS AND RIGHTS OF CARRIERS UPON THEIR BILLS 
OF LADING. 

Section 11. A carrier, in the absence of some lawful Delivery of 

. ' , , goods by 

excuse, is bound to deliver goods upon a demand made carrier. 
either by the consignee named in the bill for the goods, or if 
the bill is negotiable, by the holder thereof, if such demand 
is accompanied by — 

(a) An offer in good faith to satisfy the carrier's lawful 
lien upon the goods. 

(b) An offer in good faith to surrender, properly in- 
dorsed, the bill which was issued f(n" the goods, if the bill 
is negotiable, and 

(c) A readiness and willingness to sign, when the goods 
are delivered, an acknowledgment that they have been de- 
livered, if such signature is requested by the carrier. 

In case the carrier refuses or fails to deliver the goods in 
compliance with a demand by the consignee or holder so 
accompanied, the burden shall be upon the carrier to es- 
tablish the existence of a lawful excuse for such refusal or 
failure. 

Section 12. A carrier is justified, subject to the pro- carrier justi- 
visions of the following three sections, in delivering goods ing goods to^^ 
to one who is _ ^ " 1%'^^^^^ 

(a) A person lawfully entitled to the possession of the 
goods, or 

(h) The consignee named in a non-negotiable bill for 
the goods, or 

(c) A person in possession of a negotiable bill for the 
goods by the terms of which the goods are deliverable to his 
order, or Avhich has been indorsed to him or in blank by 
the consignee or by the mediate or immediate indorsee of 
the consignee. 

Section 13. Where a carrier delivers goods to one Liability of 
who is not lawfully entitled to the possession of them, the 
carrier shall be liable to any one having a right of prop- 
erty or possession in the goods if he delivered the goods 
otherwise than as authorized by subdivisions (b) and (c) 
of the preceding section ; and, though he delivered the 
goods as authorized by either of said subdivisions, he shall 
so be liable if prior to such delivery he — 



carrier in 
certain cases. 



152 



Acts, 1910. — Chap. 2U. 



Same subject. 



(a) Had been requested, by or on behalf of a person 
having- a right of property or possession in the goods, not 
to make such delivery, or 

(b) Had information at the time of the delivery that 
it was to a person not lawfully entitled to the possession of 
the goods. 

A request or information to be effective within the mean- 
ing of this section must be given to an officer or agent of 
the carrier, the actual or apparent scope of whose duties 
includes action upon such a request or information, and 
must be given in time to enable the officer or agent to 
whom it is given, acting with reasonable diligence, to stop 
delivery of the goods. 

Section 1-i. Except as provided in section twenty- 
seven, and except when compelled by legal process, if a 
carrier delivers goods for which a negotiable bill had been 
issued, the negotiation of which would transfer the right 
to the possession of the goods, and fails to take up and 
cancel the bill, the carrier shall be liable for failure to 
deliver the goods to any one who for value and in good 
faith purchases the bill, whether such purchaser acquired 
title to the bill before or after the delivery of the goods 
by the carrier, and notwithstanding delivery was made to 
the person entitled thereto. 

Section 15. Except as provided in section twenty- 
seven, and except when compelled by legal process, if a 
carrier delivers part of the goods for which a negotiable bill 
had been issued and fails either — 

(a) To take up and cancel the bill, or 

(b) To place plainly upon it a statement that a portion 
of the goods has been delivered, with a description, which 
may bo in general terms, either of the goods or packages 
that have so been delivered or of the goods or packages 
which still remain in the carrier's possession, he shall be 
lial)le for failure to deliver all the goods specified in the 
bill, to any one who for value and in good faith ])urchases 
it, whether such purchaser acquired title to it before or 
after the deli\'ery of any portion of the goods by the car- 
rier, and not withstanding such delivery was made to the 
2")erson entitled thereto. 

Section 1G. Any alteration, addition or erasure in a 
in bills without Iji]] after its issue, without authority from the carrier is- 
to be void. suiug tlic sauic citlici- ill writing or noted on the bill, shall 



Same subject. 



Alterations 
additions, etc.. 



Acts, 1910. — Chap. 214 153 

be void, whatever be the nature and purpose of the change, 
and the bill shall be enforceable according to its original 
tenor. 

Section 17. Where a negotiable bill has been lost or Court may 
destroyed, a court of comi^etent jurisdiction may order the of goods ir^^^ 
delivery of the goods upon satisfactory proof of such loss etr^'" '^'^^''^' 
or destruction and upon the giving of a bond with sufficient 
surety to be approved by the court to protect the carrier 
or any person injured by such delivery from any liability 
or loss, incurred by reason of the original bill remaining 
outstanding. The court may also in its discretion order 
the paj'ment of the carrier's reasonable costs and counsel 
fees. 

The delivery of the goods under an order of the court 
as provided in this section, shall not relieve the carrier 
from liability to a person to whom the negotiable bill has 
been or shall be negotiated for value without notice of the 
proceedings or of the delivery of the goods. 

Section 18. A bill upon the face of which the word Liability 

u 1 1 • ?? 1 1 1 • T • earners 

duplicate or some other word or words indicating that '" certain 
the document is not an original bill is placed plainly, shall 
impose upon the carrier issuing the same the liability of one 
who represents and warrants that such bill is an accurate 
copy of an original bill properly issued, but no other lia- 
bility. 

Section 19. No title to goods or right to their posses- Same subject, 
si on, asserted by a carrier for his own benefit, shall excuse 
him from liability for refusing to deliver the goods accord- 
ing to the terms of a bill issued for them, unless such title 
or right is derived directly or indirectly from a transfer 
made by the consignor or consignee after the shipment, or 
from the carrier's lien. 

Section 20. If more than one person claims the title claimants 
or possession of goods, the carrier may require all known Ji^qui'^ed to 
claimants to interplead, either as a defence to an action interplead in 

. I-/- IT ^1 certain cases. 

brought against him for non-delivery of the goods, or as an 
original suit, whichever is appropriate. 

Section 21. If some one other than the consignee or Carrier to be 
person in possession of the bill has a claim to the title or fiab 
possession of the goods, and the carrier has information of '^^^^^ 
such claim, the carrier shall be excused from liability for 
refusing to deliver the goods either to the consignee or 
person in possession of the bill, or to the adverse claimant. 



excused from 
ty in 
in cases. 



154 



Acts, 1910. — Chap. 214. 



No right or 
title of a 
third person 
shall be a 
defence to 
an action 
against carrier 
in certain 
cases, except, 
etc. 

Liability of 
carrier in 
certain cases. 



Goods not to 
be attached, 
etc., in certain 



until the carrier has had a reasonable time to ascertain the 
validity of the adverse claim or to bring legal proceedings 
to compel all claimants to interplead. 

Section 22, Except as provided in the preceding two 
sections and in section twelve, no right or title of a third 
i:)erson, unless enforced by legal process, shall be a defence 
to an action brought by the consignee of a non-negotiable 
bill, or by the holder of a negotiable bill, against the car- 
rier for failure to deliver the goods on demand. 

Section 23. If a bill of lading has been issued by a 
carrier or on his behalf by an agent or employee the scope 
of Avhose actual or apparent authority includes the issuing 
of bills of lading, the carrier shall be liable to 

(a) The consignee named in a non-negotiable bill, or 

(b) The holder of a negotiable bill. 

Who has .given value in good faith relying upon the 
description therein of the goods, for damages caused by the 
non-receipt In' the carrier or a connecting carrier of all or 
part of the goods, or their failure to correspond with the 
description thereof in the bill at the time of its issue. 

If, however, the goods are described in a bill merely by 
a statement of marks or labels upon them or upon packages 
containing them, or by a statement that the goods are said 
to be goods of a certain kind or quantity, or in a certain 
condition, or it is stated in the bill that packages are said 
to contain goods of a certain kind or quantity or in a certain 
condition, or that the contents or condition of the contents 
of packages are unknown, or words of like purport are con- 
tained in the bill, such statements, if true, shall not make 
liable the carrier issuing the bill, although the goods are 
not of the kind or quantity or in the condition which the 
marks or labels upon them indicate, or of the kind or 
quantity or in the condition in which they were said to 
be by the consignor. The carrier may, also, by inserting 
in the bill the words " shipper's load and count ", or other 
words of like purport, indicate that the goods were loaded 
by the shipper and that the description of them was made 
by him ; aiul if such statement be true, the carrier shall not 
be liable for damages caused by the improper loading or by 
the non-receipt (jr ])y the misdescription of the goods de- 
scribed in the bill. 

Section 24. If goods are delivered to a carrier by the 
owner or by a person whose act in conveying the title to 



Acts, 1910. — Chap. 214. 



ir>;j 



them to a i)nrchasor for value in good faith would bind the 
owner, and a negotiable bill is issued for them, they can 
not thereafter, while in the possession of the carrier, be 
attached by garnishment or otherwise, or be levied upon 
under an execution, unless the bill be first surrendered to 
the carrier or its negotiation enjoined. In no such case 
shall the carrier be compelled to deliver the actual posses- 
sion of the goods until the bill is surrendered to him or 
impounded by the court. 

Skction 25. A creditor whose debtor is the owner of 
a negotiable bill shall be entitled to such aid from courts 
of appropriate jurisdiction by injunction and otherwise in 
attaching the bill, or in satisfying the claim by means 
thereof, as is allowed at law or in equity in regard to prop- 
erty which can not readily be attached or levied upon by 
ordinary legal process. 

Section 26. If a negotiable bill is issued the carrier 
shall have no lien on the goods therein mentioned, except 
for charges on those goods for freight, storage, demur- 
rage and terminal charges, and expenses necessary for the 
preservation of the goods or incident to their transportation 
subsequent to the date of the bill, unless the bill expressly 
enumerates other charges for which a lien is claimed. 
In such case there shall also be a lien for the charges enu- 
merated so far as they are allowed by law and by the con- 
tract between the consignor and the carrier. 

Section 27. After goods have lawfully been sold to 
satisfy a carrier's lien, or because they have not been 
claimed, or because they are perishable or hazardous, the 
carrier shall not thereafter be liable for failure to deliver 
the goods to the consignee or owner of the goods, or to a 
holder of the bill given for the goods when they were 
shipped, even if such bill be negotiable. 



cases, unless, 
etc. 



Creditor to be 
entitled to aid 
from courts in 
attaching 
bill, etc. 



Carrier to 
have no lien 
on goods ex- 
cept, etc. 



Carrier not 
to be liable 
for failure to 
deliver goods 
in certain 
cases. 



Part III. 



NEGOTIATION AND TRANSFER OF BILLS. 

Section 28. A negotiable bill may be negotiated by AnegotiaWe 
delivery where, by the terms of the bill, the carrier under- negotia^ted 
takes to deliver the goods to the order of a specified person, j'n ^ertain^ 
and such person or a subsequent indorsee of the bill has '^^^^^• 
indorsed it in blank. 



156 



Acts, 1910. — Chap. 214. 



Negotiation by 
indorsement. 



May be 
transferred in 
certain cases. 



By whom a 
negotiable 
bill may be 
negotiated. 



Acquisition by 
negotiation. 



Acquisition 
by transfer. 



Title of trans- 
feree to goods 
may be de- 
feated by 
garnishment, 



Section 29. A negotiable bill may be negotiated by 
the indorsement of the person to whose order the goods are 
deliverable by the tenor of the bill. Such indorsement 
may be in blank or to a specified person. If indorsed to 
a specified person, it may be negotiated again by the in- 
dorsement of such person in blank or to another specified 
person. Subsequent negotiation may be made in like 
manner. 

Section 30. A bill may be transferred by the holder by 
delivery, accompanied with an agreement, express or im- 
plied, to transfer the title to the bill or to the goods repre- 
sented thereby. 

A non-negotiable l)ill can not be negotiated, and the in- 
dorsement of such a bill gives the transferee no additional 
right. 

Section 31. A negotiable bill may be negotiated by 
any person in possession of the same, however such pos- 
session may have been acquired if, by the terms of the 
bill, the carrier undertakes to deliver the goods to the order 
of such person, or if at the time of negotiation the bill is in 
such form that it may be negotiated by delivery. 

Section 32. A person to whom a negotiable bill has 
duly been negotiated acquires thereby — 

(a) Such title to the goods as the person negotiating the 
bill to him had, or had al)ility to convey to a purchaser in 
good faith for value, and also such title to the goods as the 
consignee and consignor had, or had power to convey to a 
purchaser in good faith for value, and 

(b) The direct obligation of the carrier to hold posses- 
sion of the goods for him according to the terms of the bill 
as fully as if the carrier had contracted directly with him. 

Section 33. A person to whom a bill has been trans- 
ferred but not negotiated acquires thereby, as against the 
transferor, the title to the goods, subject to the terms of any 
agreement with the transferor. If the bill is non-negoti- 
able, such person also acquires the right to notify the car- 
rier of the transfer to him of the bill, and thereby to be- 
come the direct obligee of whatever ol)ligations the carrier 
owed to the transferor of the bill immediately before the 
notification. 

Prior to the notification of the carrier l)y the transferor 
or transferee of a non-negotiable bill, the title of the trans- 
feree to the goods and the right to acquire the obligation 



Acts, 1910. — Chap. 214. 157 

of the carrier iiiav be defeated by ftariiishmeiit, or by at- «■''■•; '" 

«' . Ill I • x- 1 certain cases. 

tarhiuerit or exocution upon the goods by a creditor oi the 
transferor, or by a notification to the carrier by the trans- 
feror, or by a subsequent purchaser from the transferor, 
of a subsequent sale of the goods by the transferor. 

A carrier has not received notification within the mean- Notification 
ing of this section unless an officer or agent of the carrier, until, et'c.'^" 
the actual or apparent scope of whose duties includes action 
upon such a notification, has been notified ; and no notifica- 
tion shall be efiective until the officer or agent to whom 
it is given has had time with the exercise of reasonable dili- 
gence to conimunicate with the agent or agents having ac- 
tual possession or control of the goods. 

Section 34. Where a negotiable bill is transferred for Transferee 
value by delivery, and the indorsement of the transferor is agalnir"^ 
essential for negotiation, the transferee acquires a right eomperin'^'" 
against the transferor to comi)el him to indorse the bill, dorsement in 
uidess a contrary intention appears. The negotiation shall 
take effect as of the time when the indorsement is actually 
made. This obligation may be specifically enforced. 

Section 35. A person who negotiates or transfers for what a person 
value a bill by indorsement or delivery, including one who ^\ranffers *^^ 
assigns for value a claim secured by a bill, unless a con- ■"'''grants. 
trary intention appears, warrants- — 

(a) That the bill is genuine, 

(b) That he has a legal right to transfer it, 

(c) That he has knowledge of no fact which would im- 
pair the validity or worth of the bill, and 

(d ) That he has a right to transfer the title to the goods, 
and that the goods are merchantable or fit for a particular 
purpose, whenever such warranties would have been im- 
plied if the contract of the parties had been to transfer with- 
out a bill the goods represented thereby. 

In the case of an assignment of a claim secured by a bill, 
the liability of the assignor shall not exceed the amount 
of the claim. 

Section 36. The indorsement of a bill shall not make Liability of 
the indorser liable for any failure on the part of the carrier '°^<''^^'"^- 
or previous indorsers of the bill to fulfill their respective 
obligations. 

Section 37. A mortgagee or pledgee, or other holder of ^°'*^*'^ °^ /','" 
a bill for security who in good faith demands or receives does not war- 
payment of the debt for which the bill is security, whether ness.Ttc!*"^^" 



158 



Acts, 1910. — CnAr. 214 



Validity of 
negotiation 
not impaired 
by certain 
facts. 



Effect of 
subsequent 
negotiations 
received in 
good faith. 



Right to pos- 
session, etc., 
of goods, how 
indicated. 



from a party to a draft drawn for such debt or from any 
other person, shall not be .deemed by so doing to represent or 
to warrant the genuineness of such bill or the quantity or 
quality of the goods therein described. 

Section 38. The validity of the negotiation of a bill 
is not impaired by the fact that such negotiation Avas a 
breach of duty on the part of the person making the nego- 
tiation, or by the fact that the owner of the bill was de- 
prived of the possession of the same by fraud, accident, 
mistake, duress or conversion, if the person to whom the 
bill was negotiated, or a person to whom the bill was sub- 
sequently negotiated, gave value therefor, in good faith, 
without notice of the breach of duty, or fraud, accident, 
mistake, duress or conversion. 

Sectiox 39. Where a person having sold, mortgaged, 
or pledged goods which are in a carrier's possession and for 
which a negotiable bill has been issued, or having sold, 
mortgaged, or pledged the negotiable bill representing such 
goods, continues in possession of the negotiable bill, the 
subsequent negotiation thereof by that person under any 
sale, pledge, or other disposition thereof to any person re- 
ceiving the same in good faith, for value and without notice 
of the previous sale, shall have the same effect as if the first 
l)urchaser of the goods or bill had expressly authorized the 
subsequent negotiation. 

Skctiox 40. Where goods are shipped by the consignor 
in accordance with a contract or order for their purchase, 
the form in which the bill is taken by the consignor shall 
indicate the transfer or retention of the property or right 
to the possession of the goods as follows : 

(a) Where by the bill the goods are deliverable to the 
buyer or to his agent, or to the order of the buyer or of his 
agent, the consignor thereby transfers the property in the 
goods to the bnyer. 

(b) Where by the bill the goods are deliverable to the 
seller or to his agent, or to the order of the seller or of his 
agent, the seller thereby reserves the property in the goods. 
But if, except for the form of the bill, the property would 
have passed to the buyer on shipment of the goods, the 
seller's property in the goods shall be deemed to be only for 
the ))urj)Ose of securing performance by the buyer of his 
obligations under the contract. 

(c) Where by the bill the goods are deliverable to the 



Acts, 1910. — Chap. 214. 



159 



order of the buyer or of his agent, but possession of the bill 
is retained by the seller or his agent, the seller thereby re- 
serves a right to the possession of the goods, as against the 
buyer. 

(d) Where the seller draws on the buyer for the price, 
and transmits the draft and bill together to the buyer to se- 
cure acceptance or payment of the draft, the buyer is bound 
to return the bill if he does not honor the draft, and if he 
wrongfully retains the bill he acquires no added right there- 
by. If, however, the bill provides that the goods are de- 
liverable to the buyer, or to the order of the buyer, or is in- 
dorsed in blank or to the buyer by the consignee named 
therein, one who purchases in good faith, for value, the bill 
or goods from the buyer, shall obtain the title to the goods, 
although the draft has not been honored, if such purchaser 
has received delivery of the bill indorsed by the consignee 
named therein, or of the goods, without notice of the facts 
making the transfer wrongful. 

Section 41. Where the seller of goods draws on the 
buyer for the price of the goods, and transmits the draft 
and a bill of lading for the goods either directly to the 
buyer or through a bank or other agency, unless a different 
intention on the part of the seller appears, the buyer and 
all other parties interested shall be justified in assuming: 

(a) If the draft is by its terms or legal effect payable 
on demand or presentation or at sight, or not more than 
three days thereafter (whether such three days be termed 
days of grace or not), that the seller intended to require 
payment of the draft before the buyer should be entitled to 
receive or retain the bill. 

(b) If the draft is by its terms payable on time, ex- 
tending beyond three days after demand, presentation or 
sight (whether such three days be termed days of grace or 
not), that the seller intended to require acceptance, but 
not payment of the draft before the buyer should be entitled 
to receive or retain the bill. 

The provisions of this section shall apply whether by the 
terms of the bill the goods are consigned to the seller, or 
to his order, or to the buyer, or to his order, or to a third 
person, or to his order. 

Section 42. Where a negotiable bill has been issued 
for goods, no seller's lien or right of stoppage in transitu 
shall defeat the rights of any purchaser for value in good 



What buyer is 
justified in 
assuming in 
certain cases. 



Application of 
provisions. 



Rights of 
purchaser 
for value in 
good faith not 
to be defeated 



160 



Acts, 1910. — Chap. 2U. 



in certain 
cases, etc. 



Rights and 
remedies of 
mortgagee or 
lienliolder not 
limited in 
certain cases. 



faith to whom such bill has been negotiated, whether such 
negotiation be prior or subsequent to the notification to the 
carrier who issued such bill of the seller's claim to a lien 
or right of stoppage in transitu. Nor shall the carrier be 
obliged to deliver, or be justiiied in delivering, the goods 
to an unpaid seller unless such bill is first surrendered for 
cancellation. 

Section 43. Except as provided in section forty-two, 
nothing in this act shall limit the rights and remedies of a 
mortgagee or lienliolder whose mortgage or lien on goods 
would be valid, a})art from this act as against one who for 
value and in good faith purchased from the owner, imme- 
diately prior to the time of their delivery to the carrier, the 
goods which are subject to the mortgage or lien, and ob- 
tained possession of them. 



Pakt IV. 



Penalty for 
intent to 
defraud. 



Penalty for 
fal.se state- 
ment. 



Penalty for 
issuing dupli- 
cate l)ill in 
certain cases. 



CRIMINAL OFFENCES. 

Section 44. Any officer, agent, or servant of a carrier, 
who with intent to defraud issues, or aids in issuing a bill 
knowing that all or any part of the goods for which such 
bill is issued have not been received by the carrier, or by 
an agent of such carrier or by a connecting carrier, or are 
not under the carrier's control at the time of issuing the said 
bill, shall be guilty of a crime, and upon conviction shall 
be punished for each offence by imprisonment for a term 
not exceeding five years, or by a fine not exceeding five 
thousand dollars, or by both. 

Section 45. Any officer, agent, or servant of a carrier, 
who with intent to defraud issues, or aids in issuing, a bill 
for goods, knowing that it contains any false statement, 
shall be guilty of a crime, and upon conviction shall be pun- 
ished for each offence by imprisonment for a term not ex- 
ceeding one year, or by a fine not exceeding one thousand 
dollars, or by both. 

Section 46. Any officer, agent, or servant of a carrier, 
who with intent to defraud issues, or aids in issuing, a 
duplicate or additional negotialde bill for goods in violation 
of the ])rovisi()ns of section seven, knowing that a former 
negotiable bill for the same goods or any part of them is 
outstanding and uncancelled, shall bo guilty of a crime, and 



Acts, 1910. — Chap. 214. 



161 



upon conviction shall bo punished for each offence by im- 
prisonment for a term not exceeding five years, or by a fine 
not exceeding five thousand dollars, or by both. 

Sfx'tion 47. Any person who ships goods to which ho 
has not title, or upon which there is a lien or mortgage, and 
who takes for such goods a negotiable bill which he after- 
ward negotiates for value with intent to deceive, and with- 
out disclosing his want of title or the existence of the lien 
or mortgage, shall be guilty of a crime, and upon conviction 
shall be punished for each offence by imprisonment for a 
term not exceeding one year, or by a fine not exceeding 
one thousand dollars, or by both. 

Section 48. Any person who wnth intent to deceive ne- 
gotiates or transfers for value a bill, knowing that any or 
all of the goods which by the terms of such bill appear to 
have been received for transportation by the carrier which 
issued the bill, are not in the possession or control of such 
carrier, or of a connecting carrier, without disclosing this 
fact, shall be guilty of a crime, and upon conviction shall 
be punished for each offence by imprisonment for a term 
not exceeding five years, or by a fine not exceeding five 
thousand dollars, or by both. 

Section 49. Any person who with intent to defraud 
secures the issue by a carrier of a bill, knowing that at the 
time of such issue, any or all of the goods described in such 
bill as received for transportation have not been received 
by such carrier, or by an agent of such carrier or a connect- 
ing carrier, or are not under the carrier's control, by induc- 
ing an officer, agent, or servant of such carrier falsely to 
believe that such goods have been received by the carrier, 
or are under the carrier's control, shall be guilty of a crime, 
and upon conviction shall be punished for each offence by 
imprisonment for a term not exceeding five years, or by 
a fine not exceeding five thousand dollars, or by both. 

Section 50. Any person who with intent to defraud 
issues, or aids in issuing, a non-negotiable bill without the 
words '' not negotiable " placed plainly upon the face there- 
of, shall be guilty of a crime, and upon conviction shall be 
jDunished for each offence by imprisonment for a term not 
exceeding five years, or by a fine not exceeding five thou- 
sand dollars, or by both. 



Penalty for 
shipping goods 
without 
title, etc. 



Penalty for 
negotiating 
bill with 
intent to 
deceive, etc. 



Penalty for 
securing issue 
of a bill 
with intent 
to defraud. 



Penalty for 
issuing a 
non-negotiable 
bill without 
the words 
" not negoti- 
able " upon it. 



162 Acts, 1910. — Chap. 214. 



Part Y. 



IXTEKPKETATIOX. 



interpre- Sectiox 51. Ill aiiY CHSG iiot pi'ovided for in this act, 

tation of act. i '• • i t i i i 

the ri;les of law and equity including the law merchant, and 
in particular the rules relating to the law of principal and 
agent, executors, administrators and trustees, and to the 
effect of fraud, misrepresentation, duress or coercion, ac- 
cident, mistake, bankruptcy, or other invalidating cause, 
shall govern. 

Section 52. This act shall so be interpreted and con- 
strued as to effectuate its general purpose to make uniform 
the law of those states which enact it. 

Section 53. (1) In this act, unless the context or sub- 
ject-matter otherwise requires — 

" Action " includes counter claim, set-off and suit in 
equity. 

" Bill " means bill of lading. 

'^ Consignee " means the person named in the bill as the 
person to whom delivery of the goods is to be made. 

" Consignor " means the person named in the bill as the 
person from whom the goods have been received for ship- 
ment. 

" Goods " means merchandise or chattels in course of 
transportation, or which have been or are about to be trans- 
ported. 

" Holder " of a ]n\\ means a person who has both actual 
possession of such bill and a right of property therein. 

" Order " means an order by indorsement on the bill. 

" Owner " does not include mortgagee or pledgee. 

" Person " includes a corporation or partnership or two 
or more persons having a joint or common interest. 

To " purchase " includes to take as mortgagee and to take 
as pledgee. 

" Purchaser " includes mortgagee and pledgee. 

" Value " is any consideration sufficient to support a 
simple contract. An antecedent or pre-existing obligation, 
whether for money or not, constitutes value wliere a bill is 
taken either in satisfaction thereof or as security therefor. 

(2) A thing is done " in good faith ", within the mean- 
ing of this act, when it is in fact done honestly, whether 
it be done negligently or not. 



Acts, 1910. — Chaps. 215, 21G. 1G3 



Section 5-i. The provisions of this act shall not apply Application 
to bills made and delivered prior to the taking etfect thereof. 

Section 55. All acts and parts of acts inconsistent Repeal- 
herev^^ith are hereby repealed. 

Section 56. This act mav be cited as the Uniform Citation 

" of act. 

Bills of Lading Act. 

Section 57. This act shall take effect upon its passage. 

Approved March IJf, 1910. 



An Act to exempt the city of citicopee from the law (37^^/),215 
limiting tpie rate of taxation in cities. 

Be it enacted^ etc., as follows: 

Section 1. The city of Chicopee is hereby exempted, f^l^^^^^^ 
until the first day of January in the year nineteen hundred '^'^^'j^^s the 
and fifteen, from the operation of section fifty-three of chap- taxation 
ter four hundred aitd ninety, Part I of the acts of the year 
nineteen hundred and nine, limiting the rate of taxation in 
cities. 

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

Approved March IJ^, 1910. 

An Act relative to the taxation of personal prop- Q^^qj. 916 
erty held upon trust by trust companies. 

Be it enacted, etc., as folloivs: 

Section 1. Section thirty-seven of Part III of chapter 1909, 490, 
four hundred and ninety of the acts of the year nineteen fmended. ^ ^^' 
hundred and nine is hereby amended by striking out the 
word '' May ", in the sixth and ninth lines, and inserting in 
place thereof, in each instance, the word : — April, — and 
by striking out the words " at the same rate of tax imposed 
upon savings banks on account of deposits ", in the nine- 
teenth, twentieth and twenty-first lines, and inserting in 
place thereof the words : — at the rate determined by him 
under the provisions of section forty-three, — so as to read 
as follows: — Section 37. Every domestic trust company Returns and 
incorporated subsequent to the twenty-eighth day of May trust'conT- 
in the year eighteen hundred and eighty-eight and subject p""^'*^*- 
to the provisions of chapter one hundred and sixteen of the 
Revised Laws and acts in amendment thereof, shall an- 
nually, between the first and tenth days of April, make a 
return to the tax commissioner, signed and sworn to by 



164 Acts, 1910. — Chaps. 217, 218. 

some officer of the corporation, of all personal property held 
upon any trust on the first day of April which would be 
liable to taxation if held by any other trustee residing in 
this commonwealth, the name of each city and town in this 
commonwealth where any beneficiaries resided on said day, 
the aggregate amount of such projierty then held for all the 
beneficiaries resident in each of such places, and also the 
aggregate amount held for beneficiaries not resident in this 
commonwealth. Such company shall annually pay to the 
treasurer and receiver general a tax to be assessed by the 
tax commissioner upon the total value of such personal 
property held in trust at the rate determined by him under 
the provisions of section forty-three. 

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

Approved March 15, 1910. 

Chap.217 Ax Act relative to the management and control of 

THE STATE LIBRARY. 

Be it enacted, etc., as follows: 

Thepresi- Section 1. The president of the senate and the speaker 

senate and the of the housc of representatives shall be, ex officiis, trustees 

the house to of the statc library, in addition to the trustees otherwise 

of the stTte appointed by law. 

library, etc. Section 2. The trustccs of the state library shall have 

Management , . iiciri 

and control, etc. the management and control thereof and oi the moneys ap- 

Record and propriatcd thcrofor. They shall keep records of their do- 

report, etc. -^^g ^^^^ annually report the same to the general court, with 

such suggestions for the improvement of the library as they 

may deem proper. 

Repeal. Section 3. All acts and parts of acts inconsistent with 

this act are hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approved March 15, 1910. 

Chap.218 An Act making appropriations for the compensation 

OF VETERANS AND PRISON OFFICERS WHO HAVE RETIRED 
FROM PUBLIC SERVICE. 

Be it enacted, etc., as follows: 
Appropria- Section 1. The sums hereinafter mentioned are appro- 

tions. . 1 . 

priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the purposes specified, for 



Acts, 1910. — Chap. 219. 165 

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

For the conii)ensation of certain veterans of the civil war Compensation 
formerly in the service of the commonwealth and now re- vetenufs^ 
tired from that service, a sum not exceeding thirty-five 
thousand dollars. 

For the compensation of certain prison officers formerly Compensation 
in the service of the commonwealth and now retired, a sum pri^son'^'^ 
not exceeding five thousand dollars. officers. 

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

Approved March 15, 1910. 



Ckap.219 



An Act relative to the sale of coal^ coke and char- 
coal. 

Be it enacted, etc., as follows: 

Section 1. Section eighty-eight of chapter fifty-seven r. l. 57, 
of the Revised Laws, as amended by section two of chapter fmended.' 
four hundred and fifty-three of the acts of the year nineteen 
hundred and two, and by chapter three hundred and four 
of the acts of the year nineteen hundred and eight, is hereby 
further amended by inserting after the word " coke ", in 
the first line, the word : — charcoal, — and by inserting 
after the word '' request ", in the ninth line, the words : — 
the tare weight, — so as to read as follows : — Section 88. Coke, charcoal 
Whoever sells coke, charcoal or coal by weight shall without by weight to 
cost to the purchaser cause the goods to be weighed by a bylsworn 
sworn weigher of the city or town in which they are ^^^'sher, etc. 
weighed, and shall cause a certificate stating the name and 
place of business of the seller, and either the identifying 
number, of which a permanent record shall be kept, or the 
name of the person taking charge of the goods after the 
weighing, as given to the weigher on his request, the tare 
weight, and the quantity of the goods, to be signed by the 
weigher. Such certificate shall be given to said person and 
shall by him be given only to the owner of the goods or his 
agent when he unloads the same; and every such person, 
owner or agent shall, on request and without charge there- 
for, permit any sealer of weights and measures of any city 
or town to examine the certificate and to make a copy 
thereof. 

Section 2. Section eighty-nine of said chapter fifty- r. l. 57, 
seven, as amended by section three of chapter four hundred fmeAded.' 



166 Acts, 1910. — Chap. 220. 

and fifty-three of the acts of the year nineteen hnndred and 
two, is hereby fnrther amended by striking out the words 
'' with the weight of the vehicle in which they are carried ", 
in the eighth and ninth lines, and inserting in place thereof 
the words : — with the tare weight, — and by striking out 
the words " weigh the vehicle ", in the eleventh line, and in- 
serting in place thereof the words : — determine the tare 
Sealer may weight, — SO as to read as follows : — Section 89. A sealer 
be weighed, of Weights and measures of a city or town in which any 
quantity of coke, charcoal or coal for delivery is found may, 
in his discretion, direct the person in charge of the goods to 
convey the same without delay or charge to scales des- 
ignated by such sealer, who shall there determine the quan- 
tity of the goods, and, if they are not in baskets or bags, 
shall determine their weight with the tare weight, and shall 
direct said person to return to such scales forthwith after 
unloading the goods ; and upon such return, the sealer shall 
determine the tare weight. The scales designated by the 
sealer as aforesaid may be the public scales of the city or 
town or any other scales therein which have been duly tested 
and sealed, and shall be such scales as are in his judgment 
the most convenient of those available. 

Section 3. This act shall take effect upon it-s passage. 

Approved March 15, 1910. 

Chap.'2i%) Ax Act to provide for supervision by the governor 

AND COUNCIL OF EXPENDITURES AND OTHER FINANCIAL 
operations of THE COMMONWEALTH. 

Be it enacted, etc., as follows: 
Certain state- Section 1. Evcry officcr Or board having charge of any 

ments to be ... i i • i • i • 

submitted to department, institution or undertaking which receives an 
etc. ' annual appropriation of money from the treasury of the 

commonwealth, including annual appropriations to be met 
by assessments, shall, annually, on or before the fifteenth 
day of Xovember, submit to the auditor of the common- 
wealth statements in detail showing the amount appropri- 
ated for the current fiscal year and the amounts required for 
the ensuing fiscal year, with an explanation of the reason 
for any increased appropriation, and with citations of the 
statutes relating thereto, and with a statement of the ex- 
penditures for the current year and for each of the next 
preceding two years. The sai<l estimates shall not include 



Acts, 1910. — Chap. 220. 167 

any estimates for special purposes or objects. The auditor 
of the commoiiweahh shall embody the said statements, with 
a like statement relating to his own department, in one 
document, which shall be printed, and shall be submitted on 
or before the first Thursday in January of each year to 
the governor and council for examination, and the governor 
shall transmit the same to the general court with such 
recommendations, if any, as he may deem proper. The 
auditor shall also submit his estimates for the ensuing fiscal 
year for the ordinary and other revenue of the common- 
wealth which shall be made a part of the document herein 
provided for. Copies of the document shall be distributed 
to the members of the general court. 

Section 2. Officers, heads of departments, boards, com- Annual re- 
missions and trustees of institutions, who, in their annual boardsf 
reports, or otherwise, reconnnend appropriations from the I'^^^'^l^^^X^' 
state treasury for special purposes or obiects, including tain estimates 

I 1 .,-,.. ,^of appropria- 

appropriations to be met by assessments, m addition to the tions required 
ordinary running expenses, shall submit estimates thereof suing year, 
in detail to the auditor of the commonwealth on or before *'*°" 
the fifteenth day of November in each year, and he shall 
classify them and embody them in one document which shall 
be printed, and shall be submitted on or before the first 
Thursday in January of each year to the governor and 
council for examination, and the governor shall transmit 
the same to the general court with such recommendations, 
if any, as he may deem proper. Tie shall make recommen- 
dation as to how much should be raised by the issue of bonds 
and how much should be paid out of current revenue. 
Copies of the document shall be distributed to the members 
of the general court. 

Section 3. The plans, estimates and specifications pians, esti- 
made in accordance with the provisions of chapter five hun- ^''brsub^" 
dred and twenty of the acts of the year nineteen hundred fitted to the 

^ -^ _ governor 

and seven, or of amendments thereof, relating to any im- and council. 
provement described in either of the documents aforesaid, 
shall at the same time be submitted to the governor and 
council. 

Section 4. The auditor shall furnish to the governor information 
and council such further information in regard to the "eve'ifue'^ ^"^ 
revenue, expenditures and other financial operations of Jfig^^ed"'^ 
the commonwealth, and in such form as the governor may 
require. 



168 Acts, 1910. — Chaps. 221, 222. 

Recomtnenda- Sectiox 5. Tlie ffoveriior mav, in bis discretion, trans- 

tions of the . c5_ ."^^ . .,,. 

governor, etc. mit to the general court Ironi time to time, witli his recom- 
mendations, if any, thereon, particular items in either of 
the said documents, and may withhold other items for 
further investigation. 

Repeal. SECTION 6. Scctioii tweiity-six of chapter six of the 

Revised Laws, as amended bj section six of chapter two 
hundred and eleven of the acts of the year nineteen hun- 
dred and five and section five of chapter five hundred and 
ninety-seven of the acts of the' year nineteen hundred and 
eight, and all acts and parts of acts inconsistent herewith, 
are hereby repealed. 

Section 7. This act shall take effect upon its passage. 

Approved March 16, 1910. 

Chap.221 Ax Act to establish the bouxdaky lixe between the 

CITY OF SOMERVILLE AXD THE TOWN OF ARLINGTON. 

Be it enacted, etc., as follows: 
Boundary Section 1. The followiug described line shall here- 

I1116 uctwecn 

somerviiie after be the boundary line between the city of Somerville 
established.''" and the town of Arlington: — Beginning at an unmarked 
point in the boundary line between the city of Somerville 
and the city of Cambridge at the centre of Alewife brook, 
as recently located by the metropolitan park commission 
under the provisions of chapter five hundred and twenty- 
nine of the acts of the year nineteen hundred and seven, 
thence extending in a northerly direction following the 
centre line of said brook, as recently located as aforesaid, 
to an unmarked point at the junction of the centre line 
of said brook and the centre line of Mystic river, as re- 
cently located by said commission. 

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

Approved March 16, 1910. 

Ckap.222 Ax Act :makixc; appropriatioxs for the expexses of 

THE MASSACHUSETTS XAUTICAL TRAIXING SCHOOL. 

Be it enacted, etc., as follows: 

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

chusetts''^*" priated, to be paid out of the treasury of the commonwealth 

tVyinTng from the ordinary revenue, for the expenses of the Massa- 

schooi. chusetts nautical training school, for the fiscal year ending 



commission- 
ers, etc. 



Acts, 1910. — Chap. 223. 169 

on the thirtieth day of Xovember, nineteen hundred and 
ten, to wit : — 

For the current expenses of the school, a sum not ex- Current 
ceeding sixty thousand dollars. expenses. 

For expenses ■ of the commissioners, the salary of the Expenses of 
secretary, clerical services, 2")rinting, stationery, contingent 
office expenses and printing and binding the annual report, 
a sum not exceeding five thousand dollars. 

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

Approved March IG, 1910. 

Ax Act relative to explosives axd inflammable nj^Qrv^ ooq 

FLUIDS AND COMPOUNDS. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter three hundred and ^^3^^^^^'^^' 
seventy of the acts of the year nineteen hundred and four, amended, 
as amended by chapter two hundred and eighty of the acts 
of the year nineteen hundred and five, and by chapter five 
hundred and two of the acts of the year nineteen hundred 
and eight, is hereby further amended by inserting after 
the word "town", in the twenty-first line, the following: 
— The detective and fire inspection department of the dis- 
trict police may by regulation prescribe the amount of ex- 
plosives, crude petroleum or any of its jDroducts, or any 
other inflammable fluid or compound, that may be kept for 
private use in a building or other structure without a li- 
cense, permit or registration, — so as to read as follows : — 
Section 3. Iso building or other structure shall be used Buildings, 
in any city or town for the keeping, storage, manufacture be used for 
or sale of any of the articles named in section tw^o unless wUh^o^u a**'"' 
the mayor and aldermen or selectmen have granted a '"'*^'^^^- 
license therefor for one year from the date thereof after a 
public hearing, fourteen days' public notice of which shall 
be given at the expense of the applicant, and unless a per- 
mit shall be granted therefor by the chief of the dis- 
trict police, or by some official or officials designated by 
the said chief for that purpose: provided, however, that any proviso, 
building or other structure once used under a license and 
permit granted as aforesaid or any building or other struc- 
ture lawfully used for any of said purposes may be con- 
tinued in such use from year to year if the owner or oc- 
cupant thereof shall, while such use continues, annuallv 



170 



Acts, 1910. 



Chap. 223. 



Fee for 
license. 



1904, 370, 
§ 4, etc., 
amended. 



Granting of 
permits, etc. 



file for registration a certificate, reciting sucli use and oc- 
cupancy, with the city or town clerk of the city or town 
where such building or other structure is situated and with 
the chief of the district police, or the official designated by 
him to grant permits in such city or town. The detective 
and fire inspection department of the district police may 
by regulation prescribe the amount of explosives, crude 
petroleum or any of its products, or any other inflammable 
fluid or compound, that may be kept for private use in a 
building or other structure without a license, permit or 
registration. The right to use a building or other struc- 
ture for any of said purposes may be revoked for cause after 
notice and hearing given to such o^^^ler or occupant at any 
time by the mayor and aldermen or selectmen having au- 
thority to grant licenses for such use, or may be revoked for 
cause after notice and hearing given to such owner or occu- 
pant at any time by the chief of the district police. A fee 
of one dollar may be charged for the license and a like sum 
for the permit herein provided for, and one half of said sum 
for the registration of the said certificate. Such building or 
structure shall always be subject to such alterations in con- 
struction and such regulations of such use for protection 
against fire or explosion as the detective and fire inspection 
department of the district police may from time to time 
prescribe. 

Section 2. Section four of said chapter three hundred 
and seventy, as amended by section two of chapter two 
hundred and eighty of the acts of the year nineteen hun- 
dred and five, is hereby further amended by inserting 
after the word " section ", in the seventh line, the words: 

— or required by the regulations made under section two 
of this- act, — and by adding at the end thereof the words : 

— A fee of fifty cents may be charged for a permit other 
than the permit required in the preceding section, — so 
as to read as follows: — Section J/.. The chief of the dis- 
trict police may designate some official or officials of any 
city or town who shall, when so designated, have the 
power to grant, in accordance with rides and regulations 
from time to time established by said detective and fire 
inspection department of the district police, the permits 
provided for in the preceding section, or required by the 
regulations made under section two of this act, and it shall 
be the duty of such official or officials to grant such j^ermits 



Acts, 1910. — Chaps. 224, 225, 22G. 171 

and to keep a record of the same. A fee of fifty cents 
may be charged for a permit other than the permit re- 
quired in the preceding section. 

Approved March 10, 1910. 



An Act to providp: for clerical assistance for the (Jhap.2'24: 

CLERK OF THE DISTRICT COURT OF HAMPSHIRE. 

Be it enacted, etc., as follows: 

Section 1. The clerk of the district court of Hamp- Clerical 

.. ,, ici'i -J. -l,' assistance 

shire may annually ex^wnd lor clerical assistance in nis tocierkof 
office a sum not exceeding five hundred dollars, upon the ornampshire. 
certificate of the justice that the work was actually per- 
formed and was necessary. 

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

Approved March 16, 1910. 

An xicT relative to subsistence furnished to the CJiap.22D 

. MILITIA. 

Be it enacted, etc., as follows: 

Section 1. When subsistence furnished in kind by Subsistence 
the commonwealth for enlisted men and bandsmen of the to the miiitia. 
militia shall cost less than an average of forty-five cents for 
each enlisted man and enlisted member of a band, the dif- 
ference shall be paid by the commonwealth into the treas- 
ury of the company concerned. 

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

Approved March 10, 1910. 

An Act relative to the rate of taxation in the city QJi(ij}.22Q 

OF BROCKTON. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter seventy-one of the i904. 71, 
acts of the year nineteen hundred and four, as amended by amended. 
chapter one hundred and three of the acts of the year nine- 
teen hundred and six, is hereby further amended by strik- 
ing out the words " in the year nineteen hundred and four, 
fourteen dollars in the year nineteen hundred and five 
and fifteen dollars in the years nineteen hundred and six, 
nineteen hundred and seven, nineteen hundred and eight, 
nineteen hundred and nine and nineteen hundred and ten ", 



172 



Acts, 1910. — Chap. 227. 



Taxes in 
the city of 
Brockton 
not to exceed 
a certain rate. 



in lines seven to eleven, inclusive, and inserting in place 
thereof the words : — in the years nineteen hundred and 
eleven to nineteen hundred and fifteen, inclusive, — so 
as to read as follows: — Section 1. The taxes assessed on 
property in the city of Brockton, exclusive of the state tax, 
county tax and sums required by law to be raised on ac- 
count of the city debt, shall not exceed, on every one thou- 
sand dollars of the assessors' valuation of the taxable prop- 
erty therein for the preceding year, fifteen dollars in the 
years nineteen hundred and eleven to nineteen hundred 
and fifteen, inclusive; the said valuation being first re- 
duced by the amount of all abatements thereon previous to 
the thirty-first day of December in the year preceding said 
assessments, subject to all the provisions contained in sec- 
tion fifty-four of chapter twelve of the Revised Laws. 
Section 2. This act shall take effect upon its passage. 

Approved March 16, 1910. 



Compensation 
for death or 
injuries to 
horses used by 
the militia. 



ChapJ2i^l Ais' Act kelative to claims fok compensatiox for 

DEATH OK INJURIES OF HORSES USED BY THE MILITIA. 

Be it enacted, etc., as follows: 

Section 1. An owner of a horse which is killed or in- 
jured while in the custody of a person in the perform- 
ance of duty under the provisions of sections one hundred 
and forty-one, one hundred and forty-two, one hundred and 
fifty-one, one hundred and fifty-two or one hundred and 
sixty of chapter six hundred and four of the acts of the 
year nineteen hundred and eight, shall be entitled to re- 
ceive compensation for the loss sustained by such death or 
injury. 

Section 2. All claims for such death or injury shall be 
inquired into by a board of three ofticers appointed by the 
commander-in-chief. The board shall have the same power 
to take evidence, administer oaths, issue subpoenas and 
compel witnesses to attend and testify and produce books 
and papers, and to punish their failure to do so, as is pos- 
sessed by a general court-martial. The findings of the 
board shall ])e subject to the approval of the commander- 
in-chief. The amount found due to the owner by said 
board, to the extent that its findings are approved by the 
commander-in-chief shall be paid from the fund hereby 
created. 



Board of 
inquiry, etc. 



Acts, 1910. — Chaps. 228, 229. 173 

Section 3. For the purpose of defraying the claims and Expenditure, 
expenses arising as aforesaid, there shall annually be al- 
lowed from the treasury of the connnonwealth a sum not 
exceeding twenty-five hundred dollars. 

Section 4. The provisions of this act shall apply to all ^°eemL 
claims as aforesaid resulting from the manceuvres held in claims. 
this commonwealth in August, nineteen hundred and nine. 

Approved March IG, 1910. 

An Act to provide additional officers for the medi- (JhapJ2t2S 

CAL department OF THE MILITIA. 

Be it enacted, etc., as follows: 

Section 1. Section twenty of chapter six hundred and l^^o' *^^'*' 
four of the acts of the year nineteen hundred and eight is amended. 
hereby amended in the clause headed '^ The medical de- 
partment shall consist of ", by striking out the figures " 9 " 
and '' 12 " opposite " assistant surgeons, with the rank 
of captain ", and " assistant surgeons, with the rank of 
first lieutenant", respectively, and inserting in place there- 
of the figures: — 10 and 14, respectively, — so that the 
clause will read as follows : — 

1 surgeon general, with the rank of brigadier general ; Medical 

11 -ii, i.1 1 £ • department. 

11 surgeons, with the rank or major; 

10 assistant surgeons, with the rank of captain ; 
14 assistant surgeons, with the rank of first lieutenant; and a hos- 
pital corps. 

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

Approved March 16, 1910. 



Cha2?.229 



An Act to authorize the city of woburn to make an- 
nual appropriations for a hospital. 

Be it enacted, etc., as follows: 

Section 1. The city of Woburn is hereby authorized to The city of 
raise annually by taxation and to pay to the Woburn Chari- appropriate 
table Association, a corporation duly organized under the "heTupport 
laws of this commonw^ealth, for the support and use of the ?f » certain 

_^, ^ ^ . , . , hospital. 

Charles Choate Memorial Hospital, located in the said 
city, a sum not exceeding two thousand dollars. 

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

Approved March 16, 1910. 



174 



Acts, 1910. — Chaps. 230, 231, 232. 



Chcip.^^O An Act to establish the salary of the assistant 

PAYING teller IN THE OFFICE OF THE TREASURER AND 
RECEIVER GENERAL. 

Be it enacted, etc., as follows: 

Section 1. The salary of the assistant paving teller 
in the office of the treasurer and receiver general shall he 
a sum not exceeding twelve hundred dollars per annum, 
to be so allowed from the first day of January, nineteen 
hundred and ten. 

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

Approved March 16, 1910. 



Assistant 
paying teller 
in the office 
of the treas- 
urer and 
receiver 
general, 
salary. 



CIiCtp.231 An Act making an appropriation for the mainte- 
nance OF THE industrial SCHOOL FOR BOYS. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding forty-eight thousand 
five hundred and fifty dollars is hereby appropriated, to 
be paid out of the treasury of the commonwealth from the 
ordinary revenue, for the maintenance of the industrial 
school for boys, for the fiscal year ending on the thirtieth 
day of November, nineteen hundred and ten. 

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

Approved March 17, 1910. 



Industrial 
school for 
boys. 



Cha]).232 An Act relative to the school committee of the 

CITY OF NEWTON. 

Be it enacted, etc., as follows: 

Section 1. The school committee of the city of Xewton 
shall consist of the mayor, ex officio, and seven members, 
one from each ward of the city. The terms of office of all 
members of the school committee shall expire upon the 
second Monday of January, nineteen hundred and eleven. 
At the annual city election in December, nineteen hundred 
and ten, there shall be elected seven members, whose term 
of office shall begin upon said second ]\ronday of January, 
one from ward one for one year, one from ward two for 
two years, one from ward three for three years, one from 
ward four for one year, one from ward fix^e for two years. 



School 
committee of 
the city of 
Newton. 



Election, 
terms, etc. 



Acts, 1910. — Chap. 233. 175 

one from ward six for three years, and one from ward 
seven for one year. Thereafter at each city election there 
shall be elected members for three years to fill the places 
of those whose terms of office expire upon the succeeding 
second Monday of January. 

Section 2. This act shall be submitted to the voters of J™^ °^ « , 

1 • c -KT 1 1 • 1 taking efifect. 

the city oi JNewton at the next annual state election, and 
shall take effect if a majority of the voters voting thereon 
vote in the affirmative. Approved March IS, 1910. 



Chap2'd^ 



An Act to authorize the city of new Bedford to in 
cur indebtedness for school purposes. 

Be it enacted, etc., as follows: 

Section 1, The city of Xew" Bedford, for the purpose The city of 

of constructing and furnishing a new school building, and ma y incur"'^'^ 

for purchasing the necessary land therefor, in the south- f^r schoo^^^^ 



west part of the city, may incur indebtedness beyond the purposes, 
limit fixed by law to an amount not exceeding one hundred 
and forty thousand dollars, and may issue bonds, notes or 
scrip therefor. Such bonds, notes or scrip shall be payable 
within such periods, not exceeding tw^enty years from the 
dates of issue, and shall bear such rate of interest, not ex- 
ceeding four per cent per annum, payable semi-annually, 
as the city council shall determine. Except as otherwise 
provided herein the provisions of chapter twenty-seven of 
the Revised Laws shall, so far as they may be applicable, 
apply to the indebtedness hereby authorized and to the se- 
curities issued therefor. 

Section 2. The city council of said city shall, at the Payment 
time of authorizing said loan, provide for the payment °^^°"'^- 
thereof in such annual proportionate payments as will ex- 
tinguish the same wnthin the time prescribed in this act; 
and thereafter, without further action by the city council, 
the amount required for such pa\anents shall be assessed 
by the assessors of said city in each year, in the same man- 
ner in which other taxes are assessed under the provisions 
of section thirty-seven of chapter twelve of the Revised 
Laws, until the debt incurred by the said loan is ex- 
tinguished. 

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

Approved March 18, 1910. 



17(3 



Acts, 1910. - Chaps. 234, 235. 



(7/ia^9.234 Ax Act making appeopkiations for the suppeession of 

THE GYPSY AND BEOWX TAIL MOTHS. 

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 purposes speci- 
fied, to wit : — 

For the suppression of the gypsy and brown tail moths 
in the year nineteen hundred and ten, 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 purpose. 

For experimenting with parasites or natural enemies 
for destroying said moths, and for expenses incident there- 
to, 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 March 18, 1910. 



Appropria- 
tions. 



Suppression 
of the ^"psy 
and brown 
tail moths. 



Experiment- 
ing with 
parasites. 



Chap.2S5 An Act eelative to taxation of ceetain kinds of in- 

sueance companies. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-five of Part III of chapter 
four hundred and ninety of the acts of the year nineteen 
hundred and nine is hereby amended by striking out the 
word " thirty-one ", in the sixth line, and inserting in place 
thereof the word : — thirty-two, — so as to read as follows : 
— Section 35. The tax commissioner, from such returns, 
and from such other evidence as he may obtain, shall assess 
upon such companies, associations and partnerships, in- 
cluding associations formed upon the plan known as Lloyds, 
and their agents, the taxes imposed by sections twenty- 
eight to thirty-two, inclusive, and shall forthwith upon 
making such assessment give notice in writing to such com- 
panies, associations and partnerships, or their agents in 
the commonwealth, stating the respective amounts payable 
by them. Such taxes shall be paid to the treasurer and 
receiver general on the twentieth day of November next 
following the date fixed for making the returns. The tax 



1909, 490, 
§ 35 of Part 
III, amended. 



Assessment 
and notice, 
etc. 



Acts, 1910. — Chaps. 236, 237. 177 

commissioner shall amnially, on or before the twentieth day 
of i^ovember, deliver to the treasurer and receiver general 
a certificate stating the name of every such company, asso- 
ciation, partnership and agent upon whom such tax has 
then been assessed, and the amount assessed upon each, and 
a like certificate of such further assessments as may be 
made after that date. All such taxes, whether assessed 
before or after the twentieth day of ^November, shall bear 
interest at the rate of twelve per cent per annum from that 
date until they are paid. 

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

Approved March 18, 1910. 



An Act relative to the annual repokt of the state (JJi(ip^2S6 

FOKESTER. 

Be it enacted, etc., as follows: 

Section 1. There shall be printed annually six thou- Annual re- 
sand copies of the annual report of the state forester, five stTte^forester. 
thousand of which shall be for the use of the state forester. 

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

Approved March 18, 1910. 

An Act to authorize certain insurance companies to n-Uf^y. ooir 
re-insure in companies doing business on the stock ^ * 

PLAN. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and twenty of the r. l. 120, § 8, 
Revised Laws is hereby amended by striking out section ^"^'^'^•i^**- 
eight and inserting in place thereof the following : — Sec- Reinsurance 
tion 8. A corporation which is subject to the provisions of „£ rlsks^^^^ 
this chapter may re-insure with or transfer its member- 
ship, certificates and funds to any corporation doing busi- 
ness under this chapter, or to any stock insurance corpora- 
tion organized under the laws of this commonwealth to do 
the business of accident and health insurance. The con- 
tract of re-insurance or transfer shall be submitted to and 
approved by a two thirds vote of the policy or certificate 
holders of the ceding corporation present at a meeting 
called to consider the same, of which meeting a written or 
printed notice shall be mailed to each policy or certificate 



178 Acts, 1910. — Chap. 237. 



^/tranlfeT^ liolder at least thirty days before the day fixed for the 
of risks. meeting. If the vote is in the affirmative, a certified copy 

of all proceedings relating to the proposed re-insurance 
shall be filed with the insurance commissioner, who, if he 
finds that the proceedings have been in accordance with law, 
shall approve the same. The re-insuring corporation shall 
be entitled to all the assets of the ceding corporation and 
shall assume all its liabilities. If such vote of approval 
of re-insurance or transfer shall include an agreement for 
the transfer of an emergency fund to the re-insuring cor- 
poration, the insurance commissioner shall approve an 
order for the transfer of the emergency fund to the re- 
insuring corporation, and the treasurer and receiver gen- 
eral shall thereupon pay over the emergency fund to the re- 
insuring corporation. If the corporation assuming the re- 
insurance or transfer is one subject to the provisions of 
this chapter, the proposed contract of re-insurance shall be 
submitted to its policy or certificate holders, and the same 
notice given and the same affirmative vote required of its 
policy or certificate holders as is required of the policy 
or certificate holders of the ceding corporation. The poli- 
cies or certificates in force at the date of re-insurance or 
transfer shall continue in full force and effect in all their 
provisions, agreements and undertakings, and shall be con- 
strued according to the provisions of law under which 
they were issued, except that the policy or certificate 
Proviso. holders shall not be liable to any extra assessment: pro- 

vided, lioirever, that the rates for assessments for death 
from natural causes may from time to time be raised if 
the experience of the company shows it to be necessary. 
Any defenses or evidence relative to such policies or cer- 
tificates open under their provisions shall constitute a de- 
fense, and shall be received as evidence in any controversy 
between the parties to and interested in such policies or 
certificates. If the ceding corporation has policies or cer- 
tificates outstanding which provide benefits for death from 
natural causes, the surplus at the date of transfer or re- 
insurance after deducting from the admitted assets all 
losses and claims for losses and all other liabilities, includ- 
ing the unearned portion of the premiums on policies in 
force, shall be held by the re-insuring corporation as a 
separate fund, and together with all natural death benefit 
assessments or premiums shall be used only in the pay- 



Acts, 1910. — Chap. 238. 179 

ment of the natural death benefits payable under the 
policies or certificates assumed by the re-insuring cor- 
poration so long as any contracts providing such benc- 
iits remain in force; provided, hoivever, that such fund p^^'so- 
need at no time be larger than the total face value of 
such outstanding certificates. The approval by the in- 
surance commissioner of a contract of re-insurance or trans- 
fer shall operate to dissolve the ceding corporation and all 
liability upon its policies shall thereupon cease, but its 
officers may thereafter perform any act necessary to close 
its affairs. 

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

Approved March 18, 1910. 



Chap.238 



Ax Act to autiiokize the committee of general in- 

QUIEY OF THE TOWN OF FEAMINGHAM TO SUMMON WIT- 
NESSES AND EXAMINE THEM UNDEK OATH. 

Be it enacted, etc., as foUoivs: 

Section 1. The committee of general inquiry of the committee 
town of Framingham, duly appointed by said town under "nq^^fj'J^ol 
article thirteen in the warrant for the annual toA\Ti meeting 1^^ town of 

-,_, -. ^ 1 T ^ • 1 Framingham 

held on March tenth, nineteen hundred and nine, and by to prosecute 
adjournment on March sixteenth, nineteen hundred and tion, etc. 
nine, is hereby given authority to prosecute the investiga- 
tion, to inquire into the management of the business of 
said town and to inform itself as to the manner and meth- 
ods in which the same is or has been conducted. The 
committee shall have power to require the attendance and 
testimony of witnesses, and the production of all books, 
papers, contracts and documents relating to any matters 
within the scope of the investigation, or within the scope 
of such further inquiry and investigation as the town may 
by any future vote direct said committee to conduct, or 
which may be material in the performance of its duties. 
Witnesses shall be summoned in the same manner and shall 
be paid the same fees as witnesses before the district court 
held in said town, and they may be represented by counsel 
who may cross-examine the witnesses for whom they ap- 
pear. The said committee may administer oaths to or 
take the affirmation of witnesses who appear before the 
committee. The committee may prescribe reasonable rules 



180 



Acts, 1910. — Chap. 238. 



Proceedings 
in case of 
refusal to 
appear and 
give evidence. 



Penalty for 
refusal to 
answer 
summons, etc. 



Person who 
affirms falsely 
to be guilty 
of perjury. 



Examination 
of persons 
without the 
common- 
wealth. 



Witnesses not 
to incriminate 
themselves. 



and regulations for the conduct of hearings and the giving 
of testimony. 

Section 2. 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 paper pertinent to the matter of inquiry in considera- 
tion before the committee, a justice of the supreme judicial 
court or of the superior court, in his discretion, uiDon appli- 
cation by the committee, or of any member thereof au- 
thorized thereto by vote of the committee, may issue an 
order requiring such person to appear before the commit- 
tee and to produce books, contracts, documents and papers 
and to give evidence touching the matter in question. Fail- 
ure to obey such order of the court may be punished by 
the court as a contempt thereof. 

Section 3. Any person so summoned and paid who 
shall refuse to attend, or to be sworn, or to affirm, or to an- 
swer any question or to produce any book, contract, docu- 
ment or paper pertinent to the matter in consideration by 
the committee, and any person who wilfully interrupts or 
disturbs any hearing of the committee or who is disorderly 
thereat, shall be punished by a fine not exceeding fifty dol- 
lars or by imprisonment for not more than thirty days, or 
by both such fine and imprisonment. 

Section 4. Any person who wilfully swears or affirms 
falsely before the committee 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 the amendments thereof. 

Section 5. Upon application by the committee to any 
justice of the supreme judicial court, or of the superior 
court, the justice may issue a commission to one or more 
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 appli- 
cable, provided by section forty-three of chapter one hun- 
dred and seventy-five of the Revised Laws, and the said 
justice may issue letters rogatory in support of said com- 
mission. 

Section 6. Nothing in this act shall be construed to 
compel any person to give any testimony or to produce any 



Acts, 1910. — Chap. 239. 181 

evidence, documentary or otherwise, whicli may tend to 
incriminate him. 

Section 7. This act shall take effect upon its passage. 

Approved March 18, 1910. 

An Act to provide that the term of office of the (7/i(XT).239 

MAYOR of the CITY OF WORCESTER SHALL BE TWO 
YEARS. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-two of chapter four hun- i893, 444, 
dred and forty-four of the acts of the year eighteen hun- amended, 
dred and ninety-three, entitled "An Act to revise the 
charter of the city of Worcester ", is hereby amended by in- 
serting after the word " elected ", in the first line, the 
word : — biennially, — by inserting before the word " mu- 
nicipal ", in the second and third lines, the w^ord : — two, 
— and by striking out the word " year ", in the third line, 
and inserting in place thereof the word : — years, — so as 
to read as follows : — Section 22. The mayor shall be Mayor, term 
elected biennially from the qualified voters of the city, and °^ °**'^' ^**^' 
shall hold office for the two municipal years next succeed- 
ing his election and until his successor is elected and quali- 
fied, except that when elected to fill a vacancy he shall hold 
office only for the unexpired term and until his successor 
is elected and qualified. 

Section 2. This act shall be submitted to the qualified ^cttobe 

_c 1 • c TTT 1 1 • 1 • submitted to 

voters 01 the city 01 Worcester at the annual city election the voters of 
in the year nineteen hundred and ten ; and the city clerk ^^^^'^ '"• 
shall, not less than one week before said election, transmit 
by mail or otherwise, to every registered voter in said city 
a copy of the act. The vote shall be taken by ballot in 
answer to the following question : — Shall an act passed 
by the general court in the year nineteen hundred and ten, 
entitled " An Act to provide that the term of office of the 
mayor of the city of Worcester shall be two years ", and 
providing that the mayor shall be elected bien- 
nially and shall hold office for the two municipal 
years next succeeding his election, be accepted ? 

Section 3. So much of this act as authorizes its sub- Time of 
mission to the voters of said city shall take effect upon its ^^^^"^^ ^^^''*' 
passage, and it shall take full effect when accepted by the 
voters of the city as herein provided. 

Approved March 18, 1910. 



YES. 




NO. 





182 



Acts, 1910. — Chap. 240. 



Boundar>- 
line between 
Brookfield 
and North 
Brookfield 
established. 



Chap.24:0 Ax Act to establish the boundary line between the 

TOWNS OF BROOKFIELD AND NORTH BROOKFIELD. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall hereafter 
be the boundary line between the towns of Brookfield and 
Js^orth Brookfield : — Beginning at a granite monument 
standing at the corner of the towns of Brookfield, North 
Brookfield and Spencer, in latitude forty-two degree's, four- 
teen minutes, forty-two and eighty-nine hundredths sec- 
onds, and longitude seventy-two degrees, one minute, fifty 
and ninety-eight hundredths seconds ; thence south eighty- 
three degrees, two minutes west, true bearing, twenty-two 
hundred and thirty-seven feet to a granite monument stand- 
ing in woodland at an angle in the present boundary line ; 
thence south nineteen degrees, forty minutes west, true 
bearing, seven hundred and seventy-three feet to a granite 
monument standing in the present boundary line on the 
southwesterly side of the highway at the northern end of 
Lake Lashaway ; thence in the same direction, forty-eight 
hundred and thirty-two feet to a point in the lake two hun- 
dred and three feet north, eighty-five degrees, thirty-seven 
minutes west, true bearing, from a granite monument 
standing in woodland thirty feet east of the easterly shore 
of the lake ; thence north eighty-five degrees, thirty-seven 
minutes west, true bearing, sixty-two hundred and seven- 
teen feet to a granite monument standing in the present 
boundary line on the southerly side of the junction of the 
North Brookfield road with the old post road ; thence 
westerly, along the southerly side of the old post road, about 
twenty-nine hundred feet to a point about two hundred and 
twenty-five feet southwest of William Norcross' dwelling; 
thence south eighty-eight degrees, fifty-four minutes west, 
true bearing, fifty-five hundred and ninety-nine feet to a 
point in the wall on the westerly side of the Brookfield- 
North Brookfield road, seventy-five feet north of its junc- 
tion with a cross road leading westerly ; thence north 
forty-eight degi-ees, forty-six minutes west, true bearing, 
forty-three hundred and twenty-three feet to a granite mon- 
ument standing in the present boundary line between the 
towns of North Brookfield and West Brookfield, in latitude 
forty-two degrees, fourteen minutes, nineteen and six hun- 



Trust Funds. 



Acts, 1910. — Chap. 241. 183 

dredths seconds, and longitude seventy-two degrees, six 
minutes, forty-two and eighteen hundredths seconds. 

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

Approved March 18, 1910. 



An Act relative to the wileiams trust funds. Chap.24:l 
Be it enacted, etc., as follows: 

Section 1. John B. Hull, Henry C. Byington, Charles wiiiiams 

A. Bidwell, Frank A. Palmer, Alexander Sedgwick, Daniel 

B. Fenn and Edward B. Owen, all of Stockbridge, trustees 
of Williams Academy, are hereby authorized to transfer, 
assign, set over and convey all the funds and property, 
real and personal, held by them, as trustees, to the inhabi- 
tants of the town of Stockbridge, in trust, and the school 
committee of the town of Stockbridge is hereby authorized 
to receive, accept, use and dispose of the same, as trustees, 
in such manner as they may deem best to carry out the 
purpose of this act. The funds and property so received 
shall be held by said school committea in trust, and their 
action relative thereto shall be printed annually in the 
town report of the town of Stockbridge. The funds shall 
be known as the Williams Trust Funds. 

Section 2. The income of the funds which shall be income of 
thus transferred, assigned, set over and conveyed to the in- applied to 
habitants of the town of Stockbridge, in trust, shall be purpolXetc. 
applied to the educational purpose of the town of Stock- 
bridge, and if at any time such use shall cease the proper- 
ties shall revert to the heirs of the proprietors named in sec- 
tion one, to be distributed in accordance with the original 
deed of gift of the late Cyrus Williams. The real estate 
transferred shall be used in perpetuity for the site of a 
public school, and the building thereon shall be known as 
the Williams High School. 

Section 3. The powers hereby granted shall be exer- Powers to be 
cised only in conformity with a decree of the supreme conformity'^ 
judicial court sitting in equity in the county of Berkshire, rf*thes*lfpTCme 
to be entered within one year after the passage of this act. judicial court. 

Section 4. This act shall take effect when it shall have Time of 
been accepted by the vote of the board of trustees of Wil- ^^^^'^^ ««^«^- 
Hams Academy, and by a majority of the voters of the 
town of Stockbridge voting thereon at the next annual to^^^l 



184 Acts, 1910. — Chaps. 242, 243. 

meeting, in accordance with an article in the warrant there- 
for. At the time when this act takes effect the board of 
trustees of Williams Academy shall cease to exist. 

Approved March 18, 1910. 

ChafJ.24:2 Ax Act relative to the record of Massachusetts 

TROOPS AND OFFICERS, SAILORS AND MARINES IN THE 
WAR OF THE REBELLION. 

Be it enacted, etc., as folloivs: 

§^5^^re^Iaied Section 1. Chapter four hundred and seventv-five of 

the acts of the year eighteen hundred and ninety-nine, be- 
ing " An Act to provide for the publication of a record of 
Massachusetts troops and officers, sailors and marines, in 
the war of the rebellion ", is hereby amended by striking 
out section five of said act. 

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

Approved March 18, 1910. 

Ohap.24:S An Act to consolidate the boards of water and 
sewer commissioners in the town of swampscott. 

Be it enacted, etc., as follows: 

Certain Section 1. The board of sewer commissioners in the 

Swampscott towu of Swampscott is hereby abolished, and all the powers 
and duties of the said board are hereby transferred to and 
vested in the board of water commissioners of the said 
town. 
Title of Section 2. The board of water commissioners of the 

said town shall hereafter be known as the water and sewer- 
age board of the town of Swampscott, and the said board 
shall perform the duties and exercise the powers heretofore 
performed and exercised by the said board of sewer com- 
missioners. 
Pending Section 3. This act shall not affect any pending suit, 

not affected. coutract Or obligation, and all duties and obligations now 
owed to the said board of sewer commissioners shall be 
owed to the said water and sewerage board. 

Section 4. This act shall take effect upon its passage. 

Approved March 18, 1910. 



Acts, 1910. — Chap. 244. 185 

An Act kelative to the withdeawal of appeals in (Jj^iji 244 

CEIMINAL CASES IN THE LOWER COURTS. 

Be it enacted^ etc., as follows: 

Section 1. Section twenty-eight of chapter two hun- r. l. 219, 
dred and nineteen of the Revised Laws, as amended by ameAded.' 
chapter three hundred and eighty-one of the acts of the year 
nineteen hundred and nine, is hereby further amended by 
inserting after the word " imposed ", in the fifteenth line, 
the words : — or may revise or revoke the same if satisfied 
that cause for such revision or revocation exists : provided,, 
however, that the court shall not increase the sentence as 
first imposed, — so as to read as follows : — Section 28. withdrawal 

rm 11 • ^ c ^ • • p of appeals 

liie appellant may, at any time before the next sitting 01 in criminal 
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 im- 
posed, or may revise or revoke the same if satisfied that 
cause for such revision or revocation exists : provided, how- Proviso. 
ever, that the court shall not increase the sentence as 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. 

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

Approved March 18, 1910. 



186 



Acts, 1910. — Chaps. 245, 246. 



Chap.24:5 Ax Act relative to peocedure in the land court. 



R. L. 128, 
§ 36, 
amended. 



Dismissal, 
etc., of 
application. 



Provisions 
not to apply in 
certain cases. 



Be it enacted, etc., as follows: 

Section 1. Section thirty-six of chapter one hnndred 
and twenty-eight of the Revised Laws is hereby amended 
by adding at the end of the first sentence the words : — in 
whole or in part, but unless it is so ordered it shall bind 
the parties, their privies and the land in respect of any 
issue of fact which has been tried and determined, — and 
by adding at the end of said section the words : — The 
court may in its discretion require an applicant, who moves 
to withdraw his application or to substitute some other per- 
son as applicant, to stipulate that he shall be bound by the 
result of any issue of fact which has been tried and deter- 
mined, and such stipulation shall bind the parties, their 
privies and the land itself, — so as to read as follows : — 
Section 36. If the court finds that the applicant has not 
title proper for registration, a decree shall be entered dis- 
missing the application, and such decree may be ordered to 
be without prejudice, in whole or in part, but unless it is 
so ordered it shall bind the parties, their privies and the 
land in respect of any issue of fact which has been tried and 
determined. The applicant may withdraw his application 
at any time before final decree, upon terms to be determined 
b^' the court. The court may in its discretion require an 
applicant, who moves to withdraw his application or to sub- 
stitute some other person as applicant, to stipulate that he 
shall be bound by the result of any issue of fact which has 
been tried and determined, and such stipulation shall bind 
the parties, their privies and the land itself. 

Section 2. The provisions of this act shall not apply 
to any issue of fact which has been tried and determined 
prior to its passage. 

Section 3. This act shall take effect upon its passage. 

Approved March 18, 1910. 



ChapMG 



Sheriffs, 
election. 



An Act to extend the term of office of sheriffs. 

Be it enacted, etc., as follows: 

Section 1. At the annual state election in the year 
nineteen hundred and ten, and in every fifth year there- 
after, a sheriff shall be chosen by the voters in each county. 



Acts, 1910. — Chaps. 247, 248. 187 

Section 2. Section three hundred and fifty of chapter Repeal, 
five hundred and sixty of the acts of the year nineteen hun- 
dred and seven is hereby repealed. 

Section 3. This act shall take eftect upon its passage. 

Approved March 18, 1910. 

An Act to authorize the city of lynn to incur in- QJiap.^A^ 

DEBTEDNESS FOR THE ERECTION OF A SCHOOL BUILDING 
IN THE EASTERN PART OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land and Loan,A?t°°^ 
erecting a building for school purposes in the eastern part of 1910. 
of the city of Lynn, the said city may incur indebtedness in 
excess of the debt limit fixed by law to the amount of one 
hundred thousand dollars, and may from time to time issue 
bonds, notes or scrip therefor, payable at periods not ex- 
ceeding twenty years from the dates of issue. Said bonds, 
notes or scrip shall be signed by the mayor and counter- 
signed by the treasurer of the city, shall be denominated on 
the face thereof, "^ Lynn School Loan, Act of 1910", and 
shall bear interest at a rate not exceeding four per cent per 
annum. 

Section 2. The city shall, at the time of making the Payment 
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 shall annually raise by 
taxation a sum which will be sufficient to pay said bonds, 
notes or scrip as the same shall serially mature, and to pay 
the interest on the same as it accrues. 

Section 3. This act shall take effect upon its passage. 

Approved March 18, 1910. 



An Act relative to fees and expenses incurred in 
the arrest^ trial and commitment of tramps and 
vagrants. 

Be it enacted, etc., as follows: 

Section 1. Except in Suffolk county, the fees and ex- Payment of 
penses of officers in the apprehension, trial or commitment exjfenses. 
of a person arrested or tried as a tramp or vagrant shall 
be paid by the county in which the offence was committed. 

Section 2. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. Approved March 18, 1910. 



Chap.24S 



188 



Acts, 1910. — Chap. 249. 



1909, 514, 
§ 61, 
amended. 



Penaltv for 
violation of 
law as to 
employment 
of children. 



(7A«X>.249 Ax Act relative to the forging of birth certifi- 
cates. 

Be it enacted, etc., as folloius: 

Section sixtj-one of chapter five hundred and fourteen 
of the acts of the year nineteen hundred and nine is here- 
by amended by adding at the end thereof the words : — and 
whoever forges, or procures to be forged, or assists- in forg- 
ing a certificate of birth of such minor, and whoever pre- 
sents or assists in presenting a forged certificate of birth, to 
a school committee or to the person authorized by law to 
receive certificates, for the purpose of fraudulently obtain- 
ing the school certificate mentioned in section sixty, shall be 
punished by a fine of not less than one hundred nor more 
than five hundred dollars, or by imprisonment for not less 
than three months nor more than one year, or by both such 
fine and imprisonment, — so as to read as follows : — Sec- 
tion 61. Whoever employs a minor under the age of sixteen 
years, and whoever procures or, having under his control a 
minor under such age, permits, such minor to be employed 
in violation of the provisions of sections fifty-six and fifty- 
seven of this act, shall for each oifence be punished by a fine 
of not more than three hundred dollars, or by imprisonment 
for not more than six months, or by both such fine and im- 
prisonment ; and whoever continues to employ a minor in 
violation of the provisions of cither of said sections, after 
being notified thereof by a truant officer or by an inspector 
of factories and public buildings, shall for every day there- 
after while such employment continues be punished by a 
fine of not less than twenty nor more than one hundred dol- 
lars, or by imprisonment for not more than six months ; and 
whoever forges, or procures to be forged, or assists in forg- 
ing a certificate of birth of such minor, and whoever pre- 
sents or assists in presenting a forged certificate of birth, 
to a school committee or to the person authorized by law 
to receive certificates, for the purpose of fraudulently ob- 
taining the school certificate mentioned in section sixty, 
shall be punished by a fine of not less than one hundred 
nor more than five hundred dollars, or by imprisonment 
for not less than three months nor more than one year, or 
by both such fine and imprisonment. 

Approved March 18, 1910. 



Acts, 1910. — Chap. 250. 189 



An Act relative to the city council of the city of (yjiap,250 

WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter four hundred and 1^2^'*^'^^^^' 
seventy-five of the acts of the year eighteen hundred and amended, 
ninety-four, as amended by chapter one hundred and 
twenty-eight of the acts of the year nineteen hundred and 
two, is hereby further amended by striking out the said sec- 
tion and inserting in place thereof the following: — Sec- city council, 
tion 2. The city council of the city of Worcester shall be terms^of 
composed of two branches, one of which shall be called the ^^^^' ^**'- 
board of aldermen, and the other the common council. The 
board of aldermen shall be composed of one alderman from 
each of the several wards in the city and one alderman at 
large. The members of the said board shall be elected as 
follows : — At the annual city election held in the year 
nineteen hundred and eleven there shall be elected by and 
from the qualified voters of the whole city an alderman at 
large who shall hold office for the municipal year next suc- 
ceeding his election. At the annual city election held in the 
year nineteen hundred and twelve, and biennially there- 
after, there shall be elected by and from the qualified voters 
of the whole city an alderman at large who shall hold office 
for the two municipal years next succeeding his election. 
At the annual city election held in the year nineteen hun- 
dred and eleven there shall be elected by and from the quali- 
fied voters of each of the odd-numbered wards, one alderman 
who shall hold office for the municipal year next succeeding 
his election ; and from each of the even-numbered wards 
there shall be elected, by and from the qualified voters 
thereof, one alderman who shall hold office for the two 
municipal years next succeeding his election. Thereafter, 
annually, there shall be elected, for the term of two years, 
as many aldermen as may be necessary to fill the vacancies 
occurring by reason of expiration of terms of service. 
Members of the common council shall be elected by the qual- 
ified voters of each ward. The common council shall consist 
of three members from each ward, who shall be residents of 
the wards from which they are elected. AX each election 
until a new division of the city into wards is made there 
shall be elected as many common councilmen as may be 



190 



Acts, 1910. — Chap. 250. 



Acceptance 
of act to be 
submitted 
to voters. 



Question 
on ballot. 



Time of 
taking effect. 



necessary to fill the vacancies caused by expiration of terms 
of service, who shall hold office for the two, municipal years 
next succeeding their election. In any year when a new 
division of the city into wards is made the terms of all the 
members of the common council shall expire at the end 
of that municipal year. In the municipal election succeed- 
ing such new division of the city into wards there shall be 
elected three common councilmen from each ward, two 
of those so elected from the even-numbered wards to hold 
office for the two municipal years next succeeding their 
election, and one of those so elected from the even-num- 
bered wards to hold office for one municipal year next suc- 
ceeding his election ; two of those so elected from each of 
the odd-numbered wards to hold office for the municipal 
year next succeeding their election, and one of those so 
elected from each of the odd-numbered wards to hold office 
for the two municipal years next succeeding his election. 
Thereafter, annually, there shall be elected as many com- 
mon councilmen for the two municipal years next succeed- 
ing their election as may be necessary to fill the vacancies 
caused by expiration of terms of service. 

Section 2. This act shall be submitted to the qualified 
voters of the city of Worcester at the annual city election 
in the year nineteen hundred and ten ; and the city clerk 
shall, not less than one week before said election, trans- 
mit by mail or otherwise, to every registered voter in 
the city a copy of this act. The votes shall be taken 
by ballot in answer to the following question : — Shall 
an act passed by the general court in the year nineteen 
hundred and ten, entitled " An Act relative to the city 
council of the city of Worcester ", and providing for the 
election of the members of the board of alder- 
men for a term of two years, be accepted ? 

Sectiox 3. So much of this act as authorizes its sub- 
mission to the voters of said city shall take effect upon its 
passage, and it shall take full efi^ect when accepted by the 
voters of the city as herein provided. 

Approved March IS, 1910. 



YES. 




NO. 





Acts, 1910. — Chaps. 251, 252. 191 



An Act to authorize the park commissioners of the fJJinjj 251 

CITY OF WORCESTER TO REGULATE THE QUARRYING OF 
stone IN GREEN HILL PARK. 

Be it enacted, etc., as follows: 

Section 1. The board of park commissioners of the Quarrying 
citj of Worcester shall hereafter exercise the powers and certa'inVart 
perform the duties of the city of Worcester relative to the Worcester 
use, control and management of a certain tract of land sit- I'eguiated. 
uated in the said city, now known as Green Hill Park, 
including the one hundred acres of the poorest land on 
Millstone Hill, as described in the vote passed at the meet- 
ing of the proprietors of the township of Worcester on the 
last Tuesday of September in the year seventeen hundred 
and thirty-three. 

Section 2. Said board of park commissioners may Parkcom- 
make reasonable rules and regulations for the quarrying SLI^eTuTeV 
and removing of stone from the one hundred acres afore- ^'^^ 
said, having reference to the safety of the public and the 
convenience of those quarrying and removing the said 
stone. 

Section 3. No person shall quarry or remove stone Quarrying to 
from the aforesaid tract of one hundred acres otherwise compliance 
than in compliance with the rules and regulations which ^c^^"^®^' 
said board of park commissioners shall make under au- 
thority of section two of this act. 

Section 4. This act shall take effect upon its passage. 

Approved March 18, 1910. 

An Act relative to the resignation of members of ChavJ^b^ 

the common council in the city of WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Members of the common council of the city Resignation 
of Worcester may resign to the common council the office ofroTmon^ 
to which they have been elected, and if such resignation be "^Xy'oi "^ 
accepted by the common council the vacancy thereby created Worcester, 
shall be filled in the manner provided in section seven of 
the city charter. 

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

Approved March 18, 1910. 



192 



Acts, 1910. — Chaps. 253, 254. 



Clerical 
assistance 
to clerk of 
district court 
of eastern 
Essex. 
Proviso. 



Time of 
taking effect, 
etc. 



Chap.253 An Act to peovide clerical assistance for the clerk 

OF THE DISTRICT COURT OF EASTERN ESSEX. 

Be it enacted, etc., as follows: 

Section 1. The clerk of the district court of eastern 
Essex shall be allowed for clerical assistance, upon his cer- 
tificate stating the time occupied and the name of the per- 
son or persons by whom the work was performed : provided, 
that the justice of said court shall certify that the work was 
necessary and was actually performed, such sums, not ex- 
ceeding four hundred dollars in any one year, as the county 
commissioners for the county of Essex 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, 
but shall cease to be operative whenever an assistant clerk 
of said court is appointed. Approved March 18, 1910. 

Chap.254: An x\cT to authorize the city of HAVERHILL to LAY OUT 
AND CONSTRUCT A FOOTWAY BETWEEN HAVERHILL AND 
BRADFORD. 

Be it enacted, etc., as follows: 

Section 1, The city of Haverhill is hereby authorized 
to lay out and construct a footway for the common use of 
foot passengers, from a point near the northerly end of 
Blossom street, in Bradford, in said city, across the Mer- 
rimac river to a point on Washington street near the cross- 
ing of the Boston and Maine Railroad in said city, and for 
that purpose to utilize a sidewalk attached to the bridge of 
the Boston and Maine Railroad over the Merrimac river at 
Haverhill, which sidewalk shall be a part of said footway. 

Section 2. For the purposes aforesaid, and for the 
purpose of obtaining convenient approaches to said side- 
walk, the city of Haverhill may take such lands, buildings, 
wharves, piers and structures as it may deem necessary and 
may erect thereon or thereover such structures as it may 
deem necessary: proinded, that it shall not take up or re- 
move any track now laid by the Boston and Maine Rail- 
road, except with the consent of the railroad commission- 
ers, nor erect or place any structure upon or over any such 
track which shall prevent the convenient passage of trains 
thereon. 



Construction 
of footway 
over the 
Merrimac 
river in 
Haverhill, 
etc. 



Lands, 
buildings, 
etc., may be 
taken, etc. 



Proviso. 



Acts, 1910. — Chap. 254. 193 

Section 3. The said city shall, within sixty days after Description 
the taking of any hinds, bniklings, wharves, piers ur strnc- etc.''itobe 
tures as aforesaid, and within sixty days after the erection "'^"'■^"-''i- 
of any structure on or over auy hinds, buiklings, wharves, 
piers or structures as aforesaid, otherwise than by agree- 
ment with the owners thereof, file and cause to be recorded 
in the registry of deeds for the southern district of Essex 
county a description thereof, sufficiently accurate for identi- 
fication, with a statement of the purposes for which the 
same were taken or used. 

Section 4. Any person or corporation sustaining dam- Damages, 
ages to property by reason of any doings of said city under 
the authority of the preceding sections, and failing to agree 
with the city as to the amount thereof, may have the dam- 
ages assessed and determined in the manner provided by 
law when land is taken for the laying out of highways, on 
application at any time within the period of twelve months 
after such doings, but no application shall be made after 
the expiration of said twelve months. 

Section 5. In the location and construction of the said ^'^^^ *» '^^ 
footway, including said sidewalk and approaches, the city etc. 
shall conform to such requirements as may be made by the 
board of railroad commissioners and the board of harbor 
and land commissioners in the premises, and shall not pro- 
ceed to the location and construction of the same until the 
plans therefor have been approved by said boards. 

Section 6. Nothing in this act contained shall be con- Boston 
strued to impose any liability on the Boston and Maine RaHroad"" 
Railroad for damages for bodily injuries sustained by any ?"L*°]'^. 
person while travelling on that part of said footway at- damages. 
tached to said bridge, or in any way to aifect or impair the 
obligations imposed upon said railroad by chapter two hun- 
dred and sixty-five of the acts of the year eighteen hundred 
and eighty-one. 

Section 7. The city of Haverhill may receive and ex- Expendi- 
pend upon the construction of said footway such sums as *^'"^^' **"■ 
may be raised for that purpose by private subscription, and 
may borrow such sums as may be necessary to carry out 
the provisions of this act. 

Section 8. This act shall take effect upon its passage. 

Approved March 18, 1910. 



194 



Acts, 1910. — Chai's. 255, 256, 257. 



1908, 595, 
amended. 



Penalty for 
intentionally 
Krounding 
vessels, etc., 
iu harbors. 



Chc(p.255 An Act relative to the obstruction of harbors by 

THE GROUNDING OF VESSELS AND OTHER FLOATING 
STRUCTURES. 

Be it enacted, etc., as follows: 

Chapter five hundred and ninety-five of the acts of the 
year nineteen hundred and eight is hereby amended by 
adding at the end thereof the following new section : — 
Section 6. Any person intentionally grounding any ves- 
sel, SCOW, lighter or similar floating structure within the 
limits of any harbor of the commonwealth or permitting 
another person or persons so to ground the same shall be 
subject to a penalty of not less than five nor more than five 
hundred dollars to the use of the commonwealth, the same 
to be recovered by an information in equity brought by the 
attorney-general at the relation of the treasurer and re- 
ceiver general in the supreme judicial court. 

Approved March 18, 1910. 

Chap.25G An Act relative to the payment of commissions to 

LIFE INSURANCE AGENTS ON PREMIUMS ON POLICIES ON 
THEIR OWN LIVES. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-nine of chapter five hundred 
and seventy-six of the acts of the year nineteen hundred and 
seven is hereby amended by adding at the end thereof the 
following paragraph : — But nothing in this section shall 
prevent the payment by any life insurance company to a 
duly authorized agent or brokerj who holds himself out and 
carries on business in good faith as such, of commissions 
at its customary rates on premiums on policies effected 
through him by the company on his own life. 

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

Approved March 18, 1010. 

Chap.257 An Act to provide for medical inspection of work- 
ing CHILDREN BETWEEN THE AGES OF FOURTEEN AND 

sixteen. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter five hundred and 
two of the acts of the year nineteen hundred and six is 



1907, 576, 
§ 69, 
amended. 



Payment of 
eommi.ssions 
on premiums, 
etc. 



1906, 502. 
§ 1, amended 



Acts, 1910. — CiiAr. 257. 



195 



hereby amended by inserting after the word " act ", in the 
sixth line, the words : — and shall assign one or more to 
perform the dnty of examining children who apply for 
health certificates in accordance with this act, — so as 
to read as follows : — Section 1. The school committee of ^^jj"'"/' 
every city and town in the commonwealth shall appoint ^^^»"} . 

Ill-- l,n - xl physicians. 

one or more school physicians, snaJi assign one to each etc. 
pnblic school within its city or town, and shall provide them 
with all proper facilities for the performance of their duties 
as prescribed in this act ; and shall assign one or more to 
perform the duty of examining children who apply for 
health certificates in accordance with this act: provided. Proviso. 
however, that in cities wherein the board of health is al- 
ready maintaining or shall hereafter maintain substantially 
such medical inspection as this act requires, the board of 
health shall appoint and assign the school physician. 

Section 2. Section two of said chapter five hundred P,?^* ^°"\ , 

i §2, amended. 

and two is hereby amended by adding at the end thereof the 
words : — Every school physician who is assigned to per- 
forin the duty of examining children who apply for health 
certificates shall make a prompt examination of every child 
who wishes to obtain an age and schooling certificate, as 
provided in section sixty of chapter five hundred and four- 
teen of the acts of the year nineteen hundred and nine, and 
who presents to said physician an employment ticket, as 
provided in said section, and the physician shall certify in 
writing whether or not in his opinion such child is in suf- 
ficiently . sound health and physically able to perform the 
work which the child intends to do, — so as to read as fol- 
lows : — Section 2. Every school physician shall make a Examination 
prompt examination and diagnosis of all children referred of"^hndr^en°^*^ 
to him as hereinafter provided, and such further examina- to be made. 
tion of teachers, janitors and school buildings as in his 
opinion the protection of the health of the pupils may re- 
quire. Every school physician who is assigned to perform 
the duty of examining children who apply for health cer- 
tificates shall make a prompt examination of every child 
who wishes to obtain an age and schooling certificate, as 
provided in section sixty of chapter five hundred and four- 
teen of the acts of the year nineteen hundred and nine, and 
who presents to said physician an employment ticket, as 
provided in said section, and the physician shall certify 
in writing whether or not in his opinion such child is in 



196 



Acts, 1910. — Chap. 257. 



1900, 514, 
§ 58, 
amended. 



Approval 
of age and 
schooling 
certificates. 



Proviso. 



sufficiently sound health and physically able to perform the 
Avork which the child intends to do. 

Section' '3. Section lifty-eiglit of chapter five hundred 
and fourteen of the acts of the year nineteen hundred and 
nine is hereby amended by inserting after the word 
" langnage ", in the twelfth and thirteenth lines, the words : 
— nor until such person has received a certiiicate signed 
by a physician, as provided in chapter five hundred and 
two of the acts of the year nineteen hundred and six and 
acts passed in amendment thereof, or by a physician ap- 
pointed by the school committee, stating that said minor 
has been examined by him and in his opinion is in suffi- 
ciently sound health and physically able to perform the 
work which the minor intends to do: provided, however, 
that the age and schooling certificate may be approved and 
issued without a physician's certificate if there shall be on 
file in connection with the public schools a written record in 
regard to the child's 2)hysical condition made within one 
year and the person authorized to approve said age and 
schooling certificate after having examined such record 
shall certify that in his opinion said minor is in sufficiently 
sound health and physically able to perform the work which 
the minor intends to do, — so as to read as follows : — 
Section 58. An age and schooling certificate shall be ap- 
proved only by the superintendent of schools or by a person 
authorized by him in writing, or, if there is no superintend- 
ent of schools, by a person authorized by the school com- 
mittee ; but no member of a school committee or other per- 
son authorized as aforesaid shall approve such certificate for 
any minor then in or about to enter his own employment 
or the employment of a firm or corporation of which he is a 
member, officer or employee. No such certificate shall 
be approved by any person unless he is satisfied that the 
minor therein named is able to read at sight and to write 
legibly simple sentences in the English language, nor until 
such person has received a certificate signed by a physician, 
as provided in chapter five hundred and two of the acts 
of the year nineteen hundred and six and acts passed in 
amendment thereof, or by a physician appointed by the 
school committee, stating that said minor has been exam- 
ined by him and in his opinion is in sufficiently sound 
health and physically able to perform the work which 
the minor intends to do: 'provided, however, that the age 



Acts, 1910. — Chap. 257. 197 

and schooling certificate may be approved and issued with- 
out a physician's certificate if there shall be on file in 
connection with the public schools a written record in 
regard to the child's physical condition made within one 
year and the person authorized to approve said age and 
schooling certificate after having examined such record 
shall certify that in his opinion said minor is in sufficiently 
sound health and physically able to perform the work which 
the minor intends to do. The person who approves the 
certificate may administer the oath provided for therein, 
but no fee shall be charged therefor. 

Section 4. The age and schooling certificate set forth 1909,514, 
in section sixty of said chapter five hundred and fourteen amended, 
is hereby amended by inserting after the word '' language ", 
in the thirty-eighth line, the words : — I further certify 
that in my opinion (or in the opinion of 
the physician by whom said minor has been examined in 
accordance with section fifty-eight of the above chapter) he 
(or she) is in sufficiently sound health and physically able 
to perform the work which he (or she) intends to do, — so 
that the said certificate will read as follows : — 

ACfE AND SCHOOLING CERTIFICATE, ST. 1909, C. j § • 

This certifies that I am the [father, mother, guardian or Age and 
custodian] of [name of minor], and that [he or she] was cerUficafe. 
born at [name of city or town], in the county of [name of 
county, if known] , and state [or country] of , on 

the [day and year of birth], and is now [number of years 
and months] old. 

[Signature of father, mother, guardian, or custodian.] 

[city or town and date.] 

Then personally appeared before me the above named 
[name of person signing], and made oath that the fore- 
going certificate by [him or her] signed is true to the best 
of [his or her] knowledge and belief. I hereby approve the 
foregoing certificate of [name of minor] , height [feet and 
inches], complexion [fair or dark], hair [color], having 
no suflScient reason to doubt that [he or she] is of the age 
therein certified. I hereby certify and am satisfied that 
[he or she] can read at sight and can ^n-ite legibly simple 
sentences in the English language. 1 further certify that 
in my opinion [or in the opinion of , the phy- 



198 Acts, 1910. — Chap. 258. 

sician bv whom said minor lias been examined in accord- 
ance with section fifty-eight of the above chapter] he [or 
she] is in snfiiciently sound health and physically able to 
perform the w^ork which he [or she] intends to do. 

This certificate belongs to [name of minor in whose be- 
half it is drawn] , and is to be surrendered to [him or her] 
whenever [he or she] leaves the service of the corporation 
or employer holding the same ; but if not claimed by said 
minor within thirty days after such time, it shall be re- 
turned to the superintendent of schools, or, if there is no 
superintendent of schools, to the school committee. 

[Signature of person authorized to approve and sign, 
with ofiicial character or authority.] 

[City or town and date.] 

In the case of a minor who cannot read at sight and 
write legibly simple sentences in the English language, 
the certificate shall continue as follows, after the word 
" language " : — 

I hereby certify that [he or she] is regularly attending 
the [name] public evening school. This certif- 

icate shall continue in force only so long as the regular at- 
tendance of said minor at the evening school is endorsed 
weekly by a teacher thereof. 
'^™*'°^«. . Section 5. This act shall take efi^ect on the first day of 

taking effect. . . i i i i 

August m the year nineteen hundred and ten. 

Approved March 19, 1910. 

Chcip.2bS An Act to exclude the town of Princeton from the 

JUDICIAL DISTRICT OF THE POLICE COURT OF FITCH- 
BURG. 

Be it enacted, etc., as follows: 

Repeal. Section 1. So uiuch of chapter two hundred and fifty- 

nine of the acts of the year nineteen hundred and four as 
provides that the town of Princeton shall be annexed to and 
made a part of the judicial district of the police court of 
Fitchburg is hereby repealed. 
Not to affect Skction 2. This act shall not affect any suit or pro- 

ceedings, etc ceeding pending at the time when it takes effect. 

Section 3. This act shall take effect upon its passage. 

Approved March 21, 1910, 



Acts, 1910. — Chap. 259. 199 

An Act relative to sanitary provisions for factories CJfav.2b9 

AND WORKSHOPS. 

Be it enacted^ etc., as follows: 

Section 1. Section eighty of chapter five hundred and ^^o^- ^i^- 
fourteen of the acts of the year nineteen hundred and nine amended, 
is hereby amended by striking out the words " the inspec- 
tion department of the district police ", in the fourth and 
fifth lines, and inserting in place thereof the words : — a 
state inspector of health, — so as to read as follows : — 
Section 80. The owner, lessee or occupant of any premises occupant 
which are used as described in the preceding section shall ^p^ense'oT'^ 
make the changes necessary to conform thereto. If such changes, 
changes are made upon the order of a state inspector of 
health, by the occupant or lessee of the premises, he may, 
Avithin thirty days after the completion thereof bring an 
action against any other person who has an interest in such 
premises, and may recover such proportion of the expense 
of making such changes as the court adjudges should justly 
and equitably be borne by the defendant. 

Section 2. Section eighty-two of said chapter five hun- 1909, 514, 
dred and fourteen is hereby amended by striking out the amended, 
words '^ the inspection department of the district police ", 
in the fourth and fifth lines, and inserting in place thereof 
the words : — a state inspector of health, — so as to read as 
follows : — Section 82. A criminal prosecution shall not Prerequisites 
be instituted against a person for a violation of the provi- prosecution, 
sions of sections seventy-nine and eighty until four weeks 
after notice in writing by a state inspector of health, of the 
changes necessary to be made to comply with the provisions 
of said sections has been sent by mail or delivered to such 
person, nor if such changes shall have been made in accord- 
ance with such notice. A notice shall be sufficient under 
the provisions of this section if given to one member of a 
firm, or to the clerk, cashier, secretary, agent or any other 
officer who has charge of the business of a corporation, or 
to its attorney ; and in case of a foreign corporation, to the 
officer who has the charge of such factory or workshop ; 
and such officer shall be personallj^ liable for the amount of 
any fine if a judgment against the corporation is returned 
unsatisfied. Approved March 22, 1910. 



200 



Acts, 1910. — Chaps. 260, 201. 



Revision of 

assessments, 

etc. 



ChaiJ.^GO Alv^ x\CT RELATIVE TO THE REVISION OF ASSESSMENTS OF 
PROPERTY UPON RECOMMENDATION OF THE TAX COM- 
MISSIONER. 

Be it enacted, etc., as follows: 

Section 1. If in the opinion of the tax cominissioner 
any property in the commonwealth is not properly valued 
for the purposes of taxation, he shall have authority to rec- 
ommend to local hoards of assessors a revision of the same. 
If such recommendation is accepted and adopted by the 
local boards the new assessment shall thereupon be opera- 
tive. Any person aggrieved by such revision may appeal 
to the superior court for the county in which the property 
is situated. 

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

(The foregoing ivas laid before the Governor on the 
fifteenth day of March, 1910, and after five days it had 
" the force of a law " , as prescrihed by the Constitution, 
as it was not returned by him with liis objections thereto 
within that time.) 



R. L. 26, 
§ 21, 
amended. 



ChctJ).2Gl An Act relative to the indemnification of police 

OFFICERS AND FIREMEN. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-one of chapter twenty-six 
of the Revised Laws is hereby amended by adding at the 
end thereof the words : — and, if he be dead, such expenses 
or damages shall be payal)le to his widow or, if he leaves 
no widow, then to his next of kin who, at the time of his 
death, were dependent upon his wages for support, — so as 
to read as follows : — Section 21. A city may indemnify a 
])olice officer, fireman or a member of the fire department or 
a person required to assist a police officer in the discharge of 
his duties, to an amount not more than the amount recom- 
mended by the board or officer authorized to appoint police 
officers, firemen or members of the fire department of such 
city, for expenses or damages hitherto or hereafter sus- 
tained by him while acting as a police officer, fireman or 
member of the fire department or as such assistant, or 
which were incurred by him in the defence or settlement 
of an action brought against him for acts done by him while 



Indemnifica- 
tion of police 
otficers, 
firemen, etc. 



Acts, 1910. — Chaps. 2G2, 263, 2()4. 201 

so acting; luid, if lie be dead, such expenses or damages 
shall be payable to bis widow, or, if he leaves no widow, 
then to bis next of kin who, at th(; time of his death, were 
de])endent upon his wages for support. 

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

Approved March 22, 1010. 

An Act relative to sessions of the probate court for QJff^j^ 262 

THE county of HAMPDEN. 

Be it enacted,, etc., as follows: 

Section 1. The sessions of the probate court for the sittings of 

county of Hampden that are now provided by law to be held Fo^Hamp^dYn 

at Westfield are hereby abolished, and in place thereof there tabHsLd^ 
shall be held in each year at Springfield a session of said 
court on the third Wednesday of February, May, Septem- 
ber and December. 

Section 2. This act shall take effect on the first day of 7T'^°^ „ ^ 

<J taking effect. 

April in the year nineteen hundred and ten. 

Approved March 22, 1910. 

An Act relative to public accountants. (7Aa/).263 

Be it enacted, etc., as follows: 

Section 1, Public accountants who have been or may Certified 
be registered under the provisions of chapter three hundred accountants. 
and ninety-nine of the acts of the year nineteen hundred 
and nine shall be entitled to style themselves " Certified 
Public Accountants." 

Section 2. The fees received from applicants for reg- Disposition 
istration as public accountants shall be used, so far as may 
be needful, for the payment of expenses incurred in carry- 
ing out the provisions of said chapter three hundred and 
ninety-nine. 

Section 3. This act shall take effect upon its passage. 

Approved March 22, 1910. 

An Act relative to notices required to be given to (7/^«r).264 
owners of buildings in which intoxicating liquors 
have been sold unlawfully. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-seven of chapter one hundred fg^; ^"^' 
of the Revised Laws is hereby amended by inserting after amended. 



202 



Acts, 1910. — Chaps. 265, 266. 



Owner of 
building to 
be notified of 
convictions. 



the word '' buikliiig ", in the fourth line, the words : — or 
agent of such owner in charge of the building, — and by 
striking out the words " jurisdiction of such court or mag- 
istrate ", in the fifth lino, and inserting in jAace thereof the 
word : — commonwealth, — so as to read as follows : — 
Section 57. Upon the conviction of a person of the illegal 
keeping or sale of intoxicating liquor, the court or magis- 
trate by whom he has been convicted shall issue and cause 
to be served upon the owner of the building, or agent of 
such owner in charge of the building, used for such illegal 
keeping or sale, if he resides within the commonwealth and 
is not the person so convicted, a written notice that the 
tenant of said building has been convicted as aforesaid ; and 
a return thereof shall be made to the court or magistrate 
issuing it. Such notice, so served, shall be deemed to be 
due and sufficient notice, under the provisions of section 
eleven of chapter one hundred and one. 

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

Approved March 22, 1910. 



Salary 
established. 



Cha2).2(Mj Ax Act to establish the salary of the messenger in 

THE DEPARTMENT OF THE TREASURER AND RECEIVER 
GENERAL. 

Be it enacted, etc., as follows: 

Section 1. The annual salary of the messenger in the. 
department of the treasurer and receiver general shall not 
exceed one thousand dollars, to be so allowed from the first 
day of .Tanuary in the year nineteen hundred and ten. He 
shall perform such clerical duties in said deiiartment as 
may be assigned to him. 

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

Approved March 22, 1910, 



(Jhap.'^^Q An Act to provide for the appointment of a second 

ASSISTANT REGISTER OF PROBATE AND INSOLVENCY FOR 
THE COUNTY OF ESSEX. 

Be it enacted, etc., as follows: 

Section 1. The judges of probate and insolvency for 
the county of Essex may appoint a second assistant register 
of probate and insolvency for that county, who shall hold 
office for three years unless sooner removed by the judges. 



Second 
assistant 
register of 
probate and 
insolvency, 
Essex 
county, ap- 



Acts, 1910. — Chap. 267. 203 

He shall receive an annual salary of eighteen hundred dol- pojntment, 
lars, to be paid from the treasury of the commonwealth, 
but in all other respects he shall be subject to the provisions 
of the Kevised Laws and of all acts in amendment thereof 
or in addition thereto relative to assistant registers of pro- 
bate and insolvency. The signing of the name of said sec- 
ond assistant register, followed by the designation — As- 
sistant Register, — shall be a sufficient official signature. 
Section 2. This act shall take effect upon its passage. 

Approved March 22, 1910. 

An Act relative to the ter:^! of office of the street QJki^^^^^ 
commissioner of the city of worcester. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-two of chapter four hundred ^^^^' ^'*'^' 
and forty-four of the acts of the year eighteen hundred and ameAded. 
ninety-three, entitled '' An Act to revise the charter of the 
city of Worcester ", is hereby amended by striking out the 
words " a street commissioner ", in the fifth line, and by in- 
serting after the word " buildings ", in the ninth line, 
the words : — and in the month of January, nineteen hun- 
dred and eleven, and in the month of January in every third 
year thereafter, a street commissioner, who shall hold office 
for the term of three years and until his successor is duly 
elected and qualified, — so as to read as follows: — 8ec- City officers, 
tion, 32. The city council shall, annually in the month of term's%tfi. 
January, by concurrent vote, the board of aldermen acting 
first, elect by ballot a city treasurer, a collector of taxes, a 
city solicitor, a city auditor, a city messenger, a city engi- 
neer, a superintendent of sewers, a superintendent of light- 
ing streets, a water commissioner, a water registrar, a 
superintendent of public buildings, and an assistant super- 
intendent of public buildings, and in the month of January, 
nineteen hundred and eleven, and in the month of January 
in every third year thereafter, a street commissioner, who 
shall hold office for the term of three years and until his 
successor is duly elected and qualified. All the other offi- 
cials necessary for the management of the affairs of the city 
whose selection is not otherwise herein provided for, or pro- 
vided for by the general laws or by ordinance, or by provi- 
sions of trusts, shall be appointed by the mayor. All 
officers appointed by the maj^or shall be subject to confirma- 



204 



Acts, 1910. — Chap. 2G8. 



Additional 
boards and 
offices. 



Changes in 
boards and 
offices. 



Time of 
taking effect. 



tion by tlie board of aldermen. The city council may, 
from time to time, subject to the provisions of this act and 
in accordance with general laws, if they exist in any par- 
ticular case, provide by ordinance, by the establishment of 
additional boards and other offices, for the construction and 
care of the various public works and buildings, for the man- 
agement and control of a public library and a public hos- 
pital, for the gi'anting of licenses other than licenses for the 
sale of intoxicating liquors, and for other municipal pur- 
poses, but nothing herein contained shall be deemed to 
affect the provisions of chapter one hundred of the Public 
Statutes, authorizing the appointment of license commis- 
sioners in the city of Worcester, except as hereinafter pro- 
vided for ; may determine the number and duties of the 
incumbents of such boards and offices, and for such pur- 
poses may delegate to such boards and offices the adminis- 
trative powers given by general laws to city councils and 
boards of aldermen. The city council may likewise, from 
time to time, consolidate boards and offices, and may sepa- 
rate and divide the powers and duties of such as have 
already been established, may increase the number of per- 
sons constituting either of the boards hereinbefore specified, 
and when such increase has been made may subsequently 
diminish the number, may increase or diminish the number 
of persons who shall perform the duties of an office or board 
hereafter established, as hereinbefore provided, and may 
abolish an office or board so hereafter established. 

Section 2. This act shall take effect upon its accept- 
ance by a two thirds vote of the city council of the city of 
Worcester, approved by the mayor, prior to jSTovember 
thirtieth, nineteen hundred and ten. 

Approved March 22, 1910. 



Cha2).2.G8 Ax Act to provide for the annual preparation and 

PRINTING OF LISTS OF STATE OFFICIALS AND EMPLOYEES 
WITH THEIR SALARIES OR COMPENSATION. 

Be it enacted, etc., as follows: 

Section 1. Every department, commission, bureau or 
board of the commonwealth, shall, on or before the fifteenth 
day of July in the year nineteen hundred and ten, and on 
or before the fifteenth day of Tidy in every year thereafter, 
prepare and furnish to the governor and council lists of 



Lists of 
officials and 
praployccs of 
the common- 
wealth to be 
fiirni.shf'd 
to the gov- 
ernor and 
council, etc. 



Acts, 1910. — Chap. 2(39. 205 

all the oliieials ami eiiii)l()yee.s of the cuiniuoiiweallh em- 
ployed in or by such (lepartiiiciit, coininission, bureau or 
board on the first day of July ])rccediiig', for whose services 
money has been paid from the treasury of the connuon- 
wealth. The said lists shall be arranged by divisions of 
the several departments, commissions, bureaus or boards, 
when such divisions exist, and shall give the name, resi- 
dence, designation, rate of compensation and the date of 
election or appointment of every such official and employee, 
and any increase in the rate of salary or compensation for 
the year preceding; and also the aggregate amount of all 
money paid for services or salaries to any official or em- 
ployee, not otherwise shown upon the list, for the year be- 
giiming with the first day of July in the year preceding 
that in which the list is prepared. It shall be the duty of ^e^ff'^i^ts 
the auditor of the commonwealth to verify the said lists, the etc. 
compensation and the said aggregate amounts from the pay 
roll. The said lists and aggregate amounts shall be printed 
at the expense of the commonwealth as a document of the 
commonwealth, before the first day of October in the year 
in which they are furnished, and the said document shall 
contain the complete data and facts called for by this act. 
Section 2. This act shall take effect upon its passage. 

Approved March 22, 1910. 

An Act relative to the disinfecting of premises by (JJian.^GQ 

BOARDS OF health. 

Be it enacted, etc., as follows: 

Section forty-nine of chapter seventy-five of the Revised ?-4gJ,g' 
Laws, as amended by chapter two hundred and fifty-one of amended.' 
the acts of the year nineteen hundred and five, and by chap- 
ter four hundred and eighty of the acts of the year nineteen 
hundred and seven, is hereby further amended by adding 
at the end thereof the words : — But the board of health 
of a city or town -may in its discretion, disinfect or fumi- 
gate all such premises as in the opinion of the board 
have been exposed to any infectious or contagious disease, 
at the expense of the city or town, and may employ any 
proper and competent person or corporation for the purpose 
of such disinfecting or fumigating, — so as to read as fol- 
lows : — Section 1^9. A householder who know^s that a per- Householder 
son in his family or house is sick of smallpox, diphtheria, of felta'in*"'^ 



206 Acts, 1910. — Chap. 270 



dangerous scarlct fevci" 01" aiiy other infectious or contagious disease 
declared by the state board of health to be dangerous to 
the public health shall forthwith give notice thereof to the 
board of health of the city or town in which he dwells. 
Upon the death, recovery or removal of such person, the 
householder shall disinfect to the satisfaction of the board 
such rooms of his house and articles therein as, in the 
opinion of the board, have been exposed to infection or con- 
tagion. Should one or both eyes of an infant become in- 
flamed, swollen and red, and show an unnatural discharge 
at any time within two weeks after its birth, it shall be the 
duty of the nurse, relative or other attendant having charge 
of such infant to report in writing within six hours there- 
after, to the board of health of the city or town in which the 
])arents of the infant reside, the fact that such inllamnui- 
tion, swelling and redness of the eyes and unnatural dis- 
charge exist. On receipt of such report, or of notice of 
the same symptoms given by a physician as provided by 
the following section, the board of health shall take such 
immediate action as it may deem necessary in order that 

Penalty. bliiuluess may be prevented. Whoever violates the pro- 

visions of this section shall be punished by a fine of not 
more than one hundred dollars. But the board of health of 
a city or town may in its discretion, disinfect or fumigate 
all such premises as in the opinion of the board have been 
exposed to any infectious or contagious disease, at the ex- 
pense of the city or town, and may employ any proper and 
competent person or corporation for the purpose of such 
disinfecting or fumigating. 

Approved March 22, 1910. 

(JhcijJ.'^lO Ax Act relative to taxatiox of domestic business 

COEPOKATIOXS. 

Be it enacted, etc., as follows: 

Pa*it'iii°5 41 Section 1. The third paragraph of section forty-one 
amended. ' of Part III of chapter four hundred and ninety of the acts 
of the year nineteen hundred and nine is hereby amended 
by striking out the semi-colon after the word '' therein ", in 
the eighth line, and inserting in place ther{>of a period, — 
and by striking out the word " but ", in the said line, and 
inserting in ]dace thereof the following: — There shall not 
be deducted the value of securities Avhich if owned by 



Acts, 1910. — Chap. 271. 207 

a natural person resident in this commonwealth would 
he liahle to taxation ; and, — so that said paragraph as 
amended will read as follows : — 

Third, In case of a domestic business corporation, the Valuation of 
value of the works, structures, real estate, machinery, poles, franchises, 
underground conduits, wires and pipes owned by it within ^*^' 
the commonwealth subject to local taxation, and of securi- 
ties which if owned by a natural person resident in this 
commonwealth would not be liable to taxation ; also the 
value of its property situated in another state or country 
and subject to taxation therein. There shall not be de- 
ducted the value of securities which if owned by a natural 
person resident in this commonwealth would be liable to 
taxation ; and the tax commissioner in determining for the 
purposes of taxation the value of the corporate franchise of 
any such corporation shall not take into consideration any 
debts of such corporation unless the returns required from 
it contain a statement duly signed and sworn to, setting 
forth that no part of such debts was incurred for the pur- 
pose of reducing the amount of taxes to be paid by it. 

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

Approved March 22, 1010. 

An Act to regulate the sale of morphine and other (JJkij) 271 
narcotic drugs. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person to sell, nareotic^drugs 
furnish, give away or deliver any opium, morphine, heroin, regulated, 
codeine or preparations thereof, or any salt or compound of 
the said substances, except upon the written prescription or 
order of a lawfully authorized practitioner of medicine, 
dentistry, or veterinary medicine, which prescription shall 
bear the name of the person giving it. But the provisions 
of this section shall not apply to sales made by any man- 
ufacturer, wholesale or retail druggist to another manufac- 
turer, wholesale or retail druggist ; nor to sales made to 
hospitals, colleges, scientific or public institutions, or to 
physicians, dentists, or veterinary surgeons ; nor to the sale 
of cough remedies and other domestic and proprietary prep- 
arations : provided, that such preparations are sold in good Provisos, 
faith as medicines, and not for the purpose of evading the 
provisions of this act ; and provided, that such preparations 



208 



Acts, 1910. — Chap. 271. 



Prescription 
of cerfain 
drugs regu- 
lated. 



Proviso. 



Penalty. 



do not contain more than two and one half grains of opium, 
or one third of a grain of morphine, or one fourth of a 
grain of heroin, or one grain of codeine or their salts in 
one fluid ounce ; or if a solid preparation, in one avoirdupois 
ounce, excepting liniments and ointments which are pre- 
pared for external use only; nor to preparations containing 
ojiium or any of its salts, which are sold in good faith, for 
diarrhoea, cholera or neuralgia; nor to powder of ipecac 
and opium, commonly known as Dover's powders'; nor to 
compound medicinal tablets, pills, or powders containing 
not over one twentieth of a grain of morphine, or one 
twelfth of a grain of heroin or one fourth of a grain of 
codeine, or any of their salts to each pill, powder or tablet, 
j)rovidcd, that such preparations are sold in good faith as 
medicines and not for the purpose of evading the provisions 
of this act. 

Srx'TioN 2. It shall be unlawful for any practitioner of 
medicine, dentistry, or veterinary medicine to prescribe for 
the use of any habitual user of the same, opium, morphine, 
lieroin, codeine, or any salt or compound of the said sub- 
stances, or any preparation containing any of the said sub- 
stances or their salts or compounds ; nor shall any practi- 
tioner of dentistry prescribe any of the said substances for 
any person not under his treatment in the regular practice 
of his profession ; nor shall any practitioner of veterinary 
medicines prescribe any of the said substances for the use 
of any human being: provided, liowever, that the provi- 
sions of this section shall not be construed to prevent any 
lawfully authorized practitioner of medicine from prescrib- 
ing in good faith for the use of any habitual user of narcotic 
drugs who is under his professional care such substances 
as he may deem necessary for his treatment, when such 
prescriptions are given in good faith and not for the pur- 
pose of evading the provisions of this act. 

Skction 3. Whoever violates any provision of this act 
shall be cleemed guilty of a misdemeanor, and upon convic- 
tion thereof shall be fined not less than five dollars nor more 
than one thousand dollars ; or shall be imprisoned in the 
house of correction or jail for a term not exceeding one 
year ; or shall be punished by both such fine and imprison- 
ment. Approved March 22, 1910. 



Acts, 1910. — Chaps. 272, 27;J. 20i) 



An Act to tkovide for the collection of taxes not (jJiq^. 27*^ 
otherwise collectible. 

Be it enacted, etc., as follows: 

Section 1. In towns, if, at the expiration of three Collection of 
years from the date of the comniitnient of tax lists and war- Taxel*^'^"''^ 
rant to a collector of taxes, any taxes remain uncollected 
and recovery cannot be made upon the bond of the collector 
of the amount of such uncollected taxes, the selectmen shall 
appoint the collector of taxes for the current year or some 
other person to collect the same. 

Section 2. The said special collector shall furnish a Collector to 
satisfactory bond for the faithful performance of his duties, ^'^^ 
in such sum as the selectmen may require. 

Section 3. This act shall take effect upon its passage, Time of 
and shall apply to all uncollected taxes as aforesaid, due to ^^'^'^s eflfect. 
towns at the date of its passage. 

Approved March 22, 1910. 



Cha2y.27S 



An Act relative to certain fees of registers of 

deeds. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-nine of chapter two hundred ^v,g- "P'^' 
and four of the Revised Laws, as amended by chapter three amended.' 
hundred and sixty-five of the acts of the year nineteen hun- 
dred and eight, is hereby further amended by striking out 
the words " if such discharge is certified by them ", in the 
nineteenth and twentieth lines, so as to read as follows : — 
Section 29. The fees of registers of deeds shall be as fol- 
lows : — 

For entering and recording a deed or other paper, certi- Fees of 
fying the same on the original, and indexing it, and for all of deeds, 
other duties pertaining thereto, twenty-five cents. If it 
contains more than one page, at the rate of twenty cents for 
each page after the first : provided, however, that if the proviso, 
deed or other paper contains the names of more than two 
parties thereto, other than the husband or wife of the 
grantor or grantee, an additional fee of ten cents each shall 
be charged for indexing the names of additional grantors 
or grantees or other parties thereto. The fees shall be paid 
when the instrument is left for record. 



210 



Acts, 1910. — Chap. 274. 



For all copies, at the rate of twenty cents a page. 

For entering in the margin a discharge of a mortgage, 
twenty-five cents. 

For entering a discharge of an attachment or of a lien 
on buildings and land, twenty-five cents. 

For entering a partial release of an attachment, twenty- 
five cents. 

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

Approved March 22,' 1910. 



The Fogg 

Library 

incorporated. 



Cha2).274: An Act to incorporate the focjg library, to be sit- 
uated IN SOUTH WEYMOUTH. 

Be it enacted, etc., as follows: 

Section 1. Henry B. Heed, Edward B. Nevin, Arthur 
C. Heald, Gordon Willis and John H. Stetson, their asso- 
ciates and successors, are hereby made a corporation by the 
name of the Fogg Library, to be situated in that part of 
the town of Weymouth called South Weymouth, for the 
purpose of establishing and maintaining a free library or 
reading room or both in South Weymouth, with all the 
powers and privileges and subject to all the provisions con- 
tained in chapter one hundred and twenty-five of the Re- 
vised Laws and acts in amendment thereof and in addition 
thereto. 

Section 2. William H. Bolster, Henry B. Reed and 
John II. Stetson, trustees under the will of John S. Fogg, 
of Weymouth, of a certain fund for the establishment and 
maintenance of the Fogg Library, are hereby authorized 
to convey to said corporation all ])roperty and estate, real 
and personal, which they now hold as said trustees, includ- 
ing all property so bequeathed and devised to them by the 
said John S. Fogg for said purpose, and all other property 
real or personal which has since been given, bequeathed or 
devised to said trustees for the use of said library, and said 
corporation shall hold said property ui^on the trusts and for 
the purposes provided and declared by the several donors 
thereof. 

Section 3. Said corporation may receive, hold and 
apply to the uses of the corporation real and personal prop- 
erty to an amount not exceeding in the aggregate two hun- 
dred and fifty thousand dollars, and may, subject to any 
restrictions imposed by the donor or testator, from time to 



Certain 
property to 
be conveyed 
to said 
corporation. 



May hold, 
etc., real and 
personal 
property, etc. 



Acts, 1910. — Chaps. 275, 276. 211 

time as the proper iinx'stineiit thereof requires, sell and 
convey at public or private sale any property held by it, 
investing the proceeds thereof for the uses and purposes 
herein set forth or designated, or for the uses and purposes 
for which any part of the j^roperty held by it may have been 
expressly given or bequeathed. 

Section 4. This act shall take effect upon its passage. 

Approved March 22, 1910. 

An Act relative to the compensation of probation (JJinrt 275 

OFFICERS. 

Be it enacted, etc., as fotloivs: ' 

Section 1. Section eighty-two of chapter two hundred ^■^- ^^'^< 
and seventeen of the Revised Laws is hereby amended by amended, 
striking out the word " fourteen ", in the seventh line, and 
inserting in place thereof the word : — thirty, — so as to 
read as follows: — Section 82. The justice of a police, Probation 
district or municipal court may, in the absence of the pro- templre,^^ 
bation officer, appoint a jjrobation officer pro tempore, who appointment, 
shall have the powers and perform the duties of the proba- 
tion officer, and who shall receive from the county as coni- 
Ijensation for each day's service an amount equal to the 
rate by the day of the compensation of the probation officer ; 
but compensation so paid for any excess over thirty days' 
service by a probation officer pro tempore in any one calen- 
dar year shall be deducted by the county treasurer from the 
compensation of the probation officer. 

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

(The foregoing teas laid lief ore the Governor on the six- 
teenth day of March, 1910, and after five days it had " the 
force of a law " , as prescribed by the Constitution, as it was 
not returned by him ivith his objections thereto within that 
time.) 



Cha27.276 



xVn Act relative to town meetings in the town of 

reading. 

Be it enacted, etc., as follows: 

Section 1. At all town meetings held in the town of Turnstiles 
Reading the town shall use a system of registering turn- at town 
stiles for determining the number of persons admitted to Rladhfg^/'* 
each meeting. The selectmen shall appoint officers to have 



212 



Acts, 1910. — Chap. 276. 



Returns to be 
preserved. 



Certain vote 
to be sub- 
mitted to 
voters for 
ratification. 



Selectmen 
to call town 
meeting on 
petition of 
fifty voters. 



charge of the turnstiles, and shall determine from them 
the number of persons admitted to each meeting, and at the 
adjournment thereof shall make a return to the town clerk 
under oath, which may be administered by him, of the innn- 
ber of persons who have been admitted to such meeting, 
as registered by the turnstiles. The town clerk shall imme- 
diately make a record of such return in the records of the 
meeting, which record shall have the same legal force and 
effect as the records of the proceedings of the meeting. All 
such returns shall be preserved by the town clerk until at 
least twenty days after the final adjournment or dissolution 
of the meeting to which tjiey relate, and shall be open to 
public inspection. 

Section 2. Any vote passed at an original or adjourned 
town meeting to which four hundred or more persons shall 
have been admitted shall, upon petition, be submitted to the 
voters at large for ratification at a subsequent town meet- 
ing, as hereinafter provided, except that votes for modera- 
tor, or for any town, county, state or national officer, or on 
any proposition on which by any special or general law of 
the commonwealth a yea or nay vote is required to be taken 
by ballot, shall be final. No vote subject to ratification 
under the provisions of this act shall take effect until the 
expiration of the time herein limited for filing a petition 
for ratification ; nor, if such petition be filed, until after 
such vote shall be ratified in the manner hereinafter pro- 
vided. 

Section 3. If within five days after the final adjourn- 
ment or dissolution of such town meeting a petition ad- 
dressed to the selectmen shall be filed with the town clerk, 
signed by at least fifty legal voters of the town, requesting 
that any vote or votes passed at such meeting, except the 
final votes before mentioned, be submitted to the voters of 
the town for ratification, then the selectmen shall, after the 
expiration of said five days, forthwith call a town meeting 
for the sole purpose of so submitting such vote or votes. 
In case two or more votes passed at a town meeting relate 
to one subject-matter, and a petition is filed as aforesaid 
for the ratification of one or more such votes, the select- 
men may in their discretion submit, in addition to those 
for which petitions are filed, any or all of the votes re- 
lating to the same subject-matter ; and for this purpose 
a vote to borrow money shall be held to relate to the 



YES. 




NO. 





Acts, 1910. — Chap. 270. 213 

same subject-matter as the vote or votes to appropriate 

the money to be borrowed. The polls shall be opened at 

two o'clock in the afternoon, and shall be closed not 

earlier than nine o'clock in the evening, and a vote shall 

be taken by ballot upon the question, " Shall the fol- g'vSon. 

lowing vote (or votes) passed at the town meeting (or 

at the adjourned town meeting,) held on the 

day of , nineteen , be ratified ? Vote : 
Any vote or votes submitted for ratification, as aforesaid, 
receiving a majority of the votes cast thereon, shall be con- 
sidered to be ratified, otherwise such vote or votes shall have 
no force or effect: provided, that if any vote required for 
its original passage more than a majority of the votes cast, 
then a like proportion of votes shall be required for ratifi- 
cation. 

Section 4. Every petition filed as aforesaid shall forth- Petition to be 
with be examined by the town clerk, who shall ascertain townderk/ 
therefrom the number of legal voters whose signatures are ^^'^• 
attached thereto, and shall make a record thereof, and such 
record, together with a copy of the petition, exclusive of 
the names affixed thereto, shall be inserted in the records 
of the meeting for ratification of the vote or votes named in 
the petition, which record shall have the same legal force 
and effect as the record of the proceedings of such meet- 
ing. All such petitions shall be preserved by the town 
clerk until at least twenty days after the final adjournment 
or dissolution of said meeting, and during that period shall 
be open to public inspection. 

Section 5. It shall be the duty of the selectmen of the selectmen 
town to prepare the ballots to be used at the said town meet- meTtings!* 
ings, and the conduct of the meetings shall be under their 
charge, subject to the laws relating to elections, so far as 
the same may be applicable. 

Section 6. A meetine; shall be held for the purpose of Acceptance 

of act to be 

submitting the question of the acceptance of this act to the submitted 
legal voters of the town at some time within two years after 
the passage hereof. At such meeting the polls shall be 
open not less than eight hours, and the vote shall be taken 
by ballot, as in the case of the annual town election, in an- 
swer to the question, " Shall an act passed by the general 
court in the year nineteen hundred and ten, entitled ' An 
Act relative to town meetings in the town of Reading ', and 
providing for the ratification of certain votes passed at such 



2U 



Acts, 1910. — Chap. 277. 



May be again 

submitted, 

etc. 



Time of 
taking effect. 



meetings, be accepted by the town ? " and the affirmative 
votes of a majority of the voters present and voting thereon 
shall be required for its acceptance. If at any meeting so 
held this act shall fail to be accepted, it may, at the expira- 
tion of three months after any such previous meeting, be 
submitted again for acceptance, but not after the period of 
two years from the passage of this act. 

Section 7. So much of this act as authorizes the sub- 
mission of the question of its acceptance to the legal voters 
of the town shall take eifect upon its passage, but it shall not 
take further effect unless accepted by the legal voters of the 
tovm as herein prescribed. Approved March 24, 1910. 



The George 
H. Gilbert 
Manufactur- 
ing Company 
may supply 
water to the 
town of 
Hardwiek. 



Chap.^1 An Act to extend the corporate powers of the 

GEORGE H. GILBERT MANUFACTURING COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The George H. Gilbert Manufacturing 
Company, a corporation duly organized under the laws of 
this commonwealth and engaged in business principally 
in Ware and Hardwiek, is hereby authorized to supply 
water for the extingiiishment of fires and for domestic and 
other purposes, to the inhabitants of that part of Hardwiek 
which is included within the following boundary lines, to 
wit : — Beginning at a point on the Ware river at a corner 
of the toAvn of Ware and running easterly on the line be- 
tween the towns of Hardwiek and Ware, about five hun- 
dred and ninety-four feet to a stone monument set to mark 
a corner of the town of 'New Braintree ; thence easterly and 
northerly along the town line between Hardwiek and New 
Braintree to the Ware river ; thence easterly along the Ware 
river to the easterly end of a bridge of the Ware River Rail- 
road Company crossing said river ; thence due north to the 
main road leading from the village of Gilbertville to Barre ; 
thence northwesterly to the northeast corner of the Catholic 
cemetery in said village of Gilbertville ; thence northwest- 
erly to the intersection of a cross road, which passes the 
house of Mrs. Crawford, with the main road leading from 
Gilbertville to Hardwiek Centre; thence westerly to the 
reservoir recently constructed by the George H. Gilbert 
Manufacturing Company on the southeast slope of Mount 
Dougal ; thence southerly to a stone monument on the west- 
erly side of the Ware river set to mark the town line be- 



Acts, 1910. — Ciiai>. 277. 215 

tween the towns of Ware and llardwick ; tlience southerly 
on the Ware river to the place of beginning. 

Skction 2. For the pni-poscs aforesaid, the said George May construct 
H. Gilbert Manufacturing (-onipany may construct and duits^'etc"'* 
lay conduits, pipes and other works under or over any lands, 
water courses, railroads, railways and public or private 
waySj and along such ways in the territory above described ; 
and for the purpose of constructing, maintaining and re- 
pairing such conduits, pipes and other works, and for all 
proper purposes of this act, may enter upon and dig up such 
lands and ways: prorided, however, that the said company Proviso, 
shall not enter upon or dig up any private land or private 
way, except with the consent of the owner or owners thereof, 
or any public way in the town of llardwick, except with the 
consent of the selectmen thereof; and said company shall 
restore to the satisfaction of the selectmen of said town, 
the public ways dug up or otherwise disturl)ed therein, and 
shall pay all damages sustained by any person in conse- 
quence of any act or neglect upon the part of said com- 
pany, its agents or employees, in digging up or otherwise 
disturbing any lands or public or private ways under au- 
thority hereof. The said company shall not lay pipes or 
conduits parallel with the tracks of the Ware River Rail- 
road Company and within the location of said railroad com- 
pany. 

Section 3. The said George H. Gilbert Manufactur- May distribute 
ing Company may distribute w^ater through the territory "^^^^^' ^^'^■ 
aforesaid or any part thereof, may regulate the use of such 
water and fix and collect rates therefor ; and the to^^^l of 
Hardwick, or any fire district hereafter established in that 
part of the territory thereof above described, or any indi- 
vidual or corporation in said territory, may make such 
contracts with said company for the use of water for the ex- 
tinguishment of fires and for other purposes as may be 
agreed upon between such town, fire district, individual or 
corporation, and the said company ; and said company may 
establish and maintain fountains and hydrants within the 
said territory and may relocate or discontinue the same. 

Section 4. Nothing in this act shall be so construed as Not to prevent 
to prevent or hinder the town of Hardwick or any fire dis- saidTown 
trict hereafter established in that part of the territory nXngl''''' 
thereof herein described, from establishing therein a system ^^t"„j^"?P'^' 
of water supply, or from obtaining a supply of water for 



216 



Acts, 1910. — Chap. 277 



The town 
of Ware may 
fvirnish water 
to said com- 
pany, etc. 



Proviso. 



the use of the inhabitants thereof, from some source other 
than the said George H. Gilbert Manufacturing Company ; 
and if the said company shall obtain its supply of water 
from the town of Ware, as provided for in this act, nothing 
herein contained shall prevent the town of Hardwick or any 
fire district hereafter established in that part of the terri- 
tory thereof herein described, from obtaining a supply of 
water from the town of Ware. 

Skction 5. For the purposes mentioned in this act the 
said George H. Gilbert Manufacturing Company may con- 
tract with the town of Ware for a supply of water on such 
terms and conditions as may be agreed upon by said com- 
pany and said town, and said town may furnish water to 
said company ; but nothing herein contained shall require 
the town of Ware so to do. To enable the said town to fur- 
nish to said company a supply of water as aforesaid, said 
town may extend its conduits, pipes, mains and other 
works, to the boundary line of the town of Hardwick, and 
may pass through so much of the to^vns of West Brookfield 
and New liraintree, as lies on the westerly side of the east- 
erly line of the highway leading from Ware to the village 
of Gilbcrtville in the town of Hardwick, said way being 
known as "the valley road" from Ware to Gilbcrtville; 
and the town of Ware may construct and lay conduits, 
pipes and other works under or over any lands, water 
courses, railroads, railways and public or private ways, 
and along such ways either in the town of Ware or in that 
])art of West Brookfield and of New Braintree above de- 
scribed ; and for the purpose of constructing, maintaining 
and repairing such conduits, pipes or other works, and for 
all proper purposes of this act, may enter upon and dig up 
such lands and ways in said towns of Ware, West Brook- 
field and Xew Braintree: provided, however, that the town 
of Ware shall not enter upon or dig up any private land 
or private way, except with the consent of the owner or 
owners thereof, or any public way in any other town, ex- 
cept with the consent of the selectmen thereof, and the town 
of Ware shall restore to the satisfaction of the selectmen 
of Ware, West Brookfield and New Braintree, the public 
ways dug up or otherwise disturbed in their respective 
towns, and shall ])ay all damages sustained by any person 
in consequence of any act or neglect upon the part of the 



Acts, 1910. — Chains. 278, 279. 217 

town of Ware, its agents or employees, in digging up or 
otherwise disturbing any lands or public or private ways 
under authority hereof. 

Section 6. ISTothing herein contained shall be so con- Certain 
strued as to abridge the powers heretofore granted to the abridged, 
said George H. Gilbert Manufacturing Comi)any. 

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

Approved March 25, 1910. 



Chap.27S 



An Act to confikm certain proceedings of the town 
of peabody and to authorize said town to issue 
bonds for water supply purposes. 

Be it enacted, etc., as follows: 

Section 1. The vote passed by the town of Peabody Certain vote 
at a special town meeting held on the ninth day of August of peabody 
in the year nineteen hundred and nine appropriating the et"^'^'"^^' 
sum of twenty thousand dollars for purchasing and install- 
ing a new pump at the new pumping station in Peabody is 
hereby ratified and confirmed, and the town is hereby au- 
thorized to issue bonds, in accordance with the said vote 
and for the purposes therein specified, to the amount of 
twenty thousand dollars, bearing interest at a rate not ex- 
ceeding four and one half per cent per annum, payable 
semi-annually. Two thousand dollars of the said bonds 
shall be paid each year, until the whole debt is paid. 

Section 2. Any sums herein authorized to be expended hw^tn^au-'^^* 
under the provisions of this act shall be in addition to any thorizedtobe 
sums heretofore authorized to be expended for the same etc. 
purposes. 

Section 3. This act shall take effect upon its passage. 

Approved March 25, 1910. 

An Act to authorize an annual expenditure for (^]inj) Q79 

clerical ASSISTANCE BY THE CLERK OF THE FIRST DIS- 
TRICT COURT OF EASTERN MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The clerk of the first district court of east- Clerical 

-,,. , ,, -, - ,. assistance 

ern JMiddlesex may annually expend a sum not exceeding tocierkof 
seven hundred and twenty dollars for clerical assistance court of '^"^ 



218 



Acts, 1910. — Chaps. 280, 281. 



eastern 
Middlesex. 



Time of 
taking effect. 



in his office, \\\wn the certificate of the justice that the work 
was actually performed and was necessary. 

Section 2. This act shall take eifect on the first day of 
January in the year nineteen hundred and ten. 

Approved March 25, 1910. 



1909, 361, 
§ 1, amended. 



Chap.2S0 Ax Act relative to the sciiooliiouse and electric 

LIGHTING PLANT OF THE ESSEX COUNTY TRAINING 
SCHOOL AT LAWRENCE. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and 
sixty-one of the acts of the year nineteen hundred and nine 
is hereby amended by inserting after the word " to ", in the 
second line, the words : — purchase land and to, — and by 
striking out the word '' fifty ", in the seventh line, and in- 
serting in place thereof the word : — sixty, — so as to read 
as follows: — Section 1. The county commissioners of 
the county of Essex are hereby authorized to purchase land 
and to construct a schoolhouse and assembly hall at the 
Essex county training school in the city of Lawrence, and 
to install suitable electrical machinery for power and light- 
ing; and for these purposes they maj^ borrow on the credit 
of the county a sum not exceeding sixty thousand dollars. 

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

Approved March 25, 1910. 



Essex county 
training 
school at 
Lawrence. 



Chcip.2Sl An Act relative to extraordinary alterations in^ or 

ADDITIONS TO^ BANK BUILDINGS. 



Alteration.s, 
etc., of savings 
banks build- 
ings to be 
approved 
by the bank 
commissioner, 
etc. 



Be it enacted, etc., as follows: 

Section 1. Extraordinary alterations in, or additions 
to, a bank building owned by a savings bank, which in- 
volve an exp(>nse exceeding ten thousand dollars, shall not 
be made without the approval of the bank commissioner, 
and the cost of such alterations or additions shall not exceed 
the sum specified in the ninth clause of section sixty-eight 
of chapter five hundred and ninety of the acts of the year 
nineteen hundred and eight. 

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

Approved March 25, 1910. 



Acts, 1910. — Chap. 282. 219 

An Act relative to tkr appointees of the boaed of (Jhaj).^S'2 

EDUCATION. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and fifty-seven of P3°^^„^pJiig^ 
the acts of the year nineteen hundred and nine is hereby 
amended by striking out section three and inserting in ]dace 
thereof the following : — Section S. The board shall ap- Commissioner 
point a commissioner of education, whose term of office shall appohument, 
be five years, and may fix his salary at such sum as the ^^'^^ 
governor and council shall approve. Said commissioner 
may at any time be removed from office by a vote of six 
members of the board. He shall exercise all the powers 
and be subject to all the duties now conferred or imposed 
by law on the secretary of the board of education. He shall 
be the executive officer of the board, shall have supervision 
of all educational work supported in whole or in part by 
the commonwealth, and shall report thereon to the board. 
He shall be allowed for travelling expenses a sum not ex- 
ceeding fifteen hundred dollars per annum. The board ^^^*g. 
shall also appoint two deputy commissioners, at equal sala- sioners. 
ries, one of whom shall be especially qualified to deal with 
industrial education. The powers, duties, salaries and 
terms of office of said deputy commissioners shall be such 
as may be established from time to time by the board, but 
the board may, by a vote of six members thereof, remove 
from office at any time either of said deputy commissioners. 
The total expense for salaries incurred under this section, 
together with the salaries of such other assistants or agents, 
and the cost of such clerical and messenger service as may 
be necessary, shall not exceed forty thousand dollars an- 
nually. The board may be allowed for rent, travelling and Expenses. 
other necessary expenses of the commissioner, the deputies, 
agents, and of the board, incurred in the performance of 
their official duties, such sum as shall be appropriated by 
the general court annually, payable out of the treasury of 
the commonwealth. 

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

Approved March 25, 1910. 



220 Acts, 1910. — Chaps. 283, 284. 



Ch(lJ).2S'S Ax Act relative to the pay^ subsistence and allow- 
ances OF ]MEMBERS OF THE MILITIA IN CERTAIN CASES. 

Be it enacted, etc., as follows: 
Pay, sub- Section 1. When an organization of the Massachu- 

sistence, etc., •-, ■ • • 

of members of setts volunteer militia engages in any encampment, ma- 

the militia . . . 

etc. ' noeuvres or field instruction under sections fourteen and 
fifteen of the acts of congress approved January 21, 1903, 
as amended, and the troops of this commonwealth receive 
from the United States government any pay, subsistence, 
forage and transportation or other allowance on account 
of such service, the allowances for pay, subsistence, forage 
and transportation provided for by chapter six hundred 
and four of the acts of the year nineteen hundre<l and eight 
shall be reduced by the amounts so received from the 
United States government. When the amounts received 
from the United States government are less than the 
amounts provided for in said chapter, the deficiency shall 
be paid by the commonwealth. 

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

Approved March 25, 1910. 

Chap.2S4: An Act relative to the -construction^ alteration^ in- 
spection AND MAINTENANCE OF BUILDINGS IN THE CITY 
OF BOSTON. 

Be it enacted, etc., as follows: 
Enforcement Section 1. It shall be the duty of the building com- 

of laws . , . 

relative to missioiicr of the city of Boston to enforce all provisions of 
et'",^o7'bui'id- law relative to the construction, alteration, inspection and 
o"^Borton^ maintenance of buildings which are or may be applicable 
to said city, heretofore enforced by the district police, ex- 
cept the provisions of chapter four hundred and sixty-five 
of the acts of the year nineteen hundred and seven, rela- 
tive to the inspection of steam boilers, the provisions of 
chapter three hundred and seventy of the acts of the year 
nineteen hundred and four, as amended by chapter two hun- 
dred and eighty of the acts of the year nineteen hundred 
and five and by chapter five hundred and two of the acts 
of the year nineteen hundred and eight, relative to the 
keeping, storage, use, manufacture, sale, handling and 
transportation of explosive or inflammable fluids or com- 



Acts, 1910. — Chaps. 285, 28G. 221 

pounds or other explosives, the provisions of chapter four 
hundred and thirty-three of the acts of the year nineteen 
hundred and four, relative to the powers and duties of the 
detective department of the district police in connection 
with the investigation or prevention of fires, and the pro- 
visions of chapter five hundred and fourteen of the acts of 
the year nineteen hundred and nine, and acts in amendment 
thereof or in addition thereto, relative to labor, so far as 
the provisions of said chapter are enforced by the district 
police. 

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 25, 1910. 

An Act making an appropriation for the main- (JJi^p 285 

TENANCE OF THE STATE FARM. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding three hundred and state farm, 
twenty 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 II^Tovember, nine- 
teen hundred and ten. 

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

Approved March 25, 1910. 



Cha2).2S6 



An Act relative to the Berkshire water company. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and isso, 127, 
twenty-seven of the acts of the year eighteen hundred and amended, 
eighty is hereby amended by inserting after the words '' real 
estate ", in the eighth line, the words : — within the town 
of Lee or within the town of Washington, — and by add- 
ing at the end thereof the words : — provided, however, 
that no source of water supply for domestic purposes and 
no lands shall be acquired or used under this act without 
the advice and consent of the state board of health, and that 
the location of all dams, reservoirs or other works for col- 
lecting or storing water shall be subject to the approval of 



222 Acts, 1910. — Chap. 287. 

May take said board, — so as to read as follows : — Section 2. Said 

in town ' corporation may take, hold and convey through the town 
of Lee or any part thereof, the water of any spring or 
springs or of any stream or streams within said town of 
Lee, together with any water rights connected therewith, ex- 
cepting however, Laurel Lake, its outlets and sources, un- 
less with the consent of the owners of said lake; and may 
take and hold, by purchase or otherwise, any real estate 
within the town of Lee or within the town of Washington 
necessary for the preservation and purity of the same, or 
for forming any dams or reservoirs to hold the same, and 
for laying and maintaining aqueducts and pipes for dis- 
tributing the waters so taken and held; and may lay its 
water pii)es through any private lands, with, the right to 
enter upon the same and dig therein for the purpose of 
making all necessary repairs or service connections ; and for 
the purposes aforesaid may carry its pipes under or over 
any watercourse, street, railroad, highway or other way, in 
such manner as not to obstruct the same ; and may under the 
direction of the board of selectmen enter upon and dig- 
up any road or other way for the purpose of laying or re- 
pairing its aqueducts, pipes, or other works; and in general 
may do any other acts and things convenient or projier for 
Proviso. carrying out the purposes of this act: provided, however, 

that no source of water supply for domestic purposes and 
no lands shall be acquired or used under this act without 
the advice and consent of the state board of health, and that 
the location of all dams, reservoirs or other works for col- 
lecting or storing water shall be subject to the approval of 
said board. 

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

Approved March 25, 1910. 

Cha2).2S7 An Act to authorize the destruction or storage of 

RECORDS OF COMPLETED BUSINESS IN MUNICIPAL, POLICE 
AND DISTRICT COURTS. 

Be it enacted, etc., as follows: 

MTO?dsof Section 1. Municipal, jjolicc and district courts may 

courts may dcstrov all couiplaiuts, wan-ants, documents and other 

be destroyed •" . . . ' i • i i i r-i i • • i 

or stored. papers lu Criminal cases which have been tiled m said courts 
as completed business for not less than twenty years prior 
to such destruction, except dockets and record books, and 



Acts, 1910. — Chap. 288. 223 

shall enter the fact of such destruction upon the records of 
the court ; and thereafter the dockets and record books of 
said courts, and the minutes and entries made therein, shall 
be admissible as evidence of the facts as stated in said 
dockets and record books. 

Section 2. The records, papers and documents of mu- same subject, 
nicipal, police and district courts relating to causes com- 
jileted more than twenty years may, subject to the ap})roval 
of the commissioner of public records, be stored and kept 
in fireproof rooms, vaults and safes, provided by the county 
conmiissioners in the cities or towns, respectively, where 
the courts are situated, or in the county court houses. 

Section 3. This act shall take effect upon its passage. 

Approved March 25, 1910. 

An Act kelative to investments by co-opE1jative (JJiap.2S8 

BANKS. 

Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter one hundred and ^■^- ^^^' 
fourteen of the Revised Laws is hereby amended by strik- amended, 
ing out the words " twenty-six of chapter one hundred 
and thirteen ", in the fifteenth line, and inserting in place 
thereof the words : — sixty-eight of chapter five hundred 
and ninety of the acts of the year nineteen hundred and 
eio'ht, — so as to read as follows: — Section 11. The Loans, invest- 
money accumulated, after due allowance for all necessary ™^operative° 
expenses and the cancellation of shares, shall, at each stated •'^'^'^s- 
monthly meeting, be offered to the members according to 
the premiums bid by them for priority of right to a loan, or, 
if the corporation so provides in its by-laws, the bid for 
loans shall, instead of a premium, be a rate of annual inter- 
est payable in monthly instalments upon the amount 
desired. Such bids shall include the whole interest to be 
paid and may be at any rate not less than five per cent per 
annum. Each member whose bid is accepted shall be en- 
titled, upon giving proper security, to receive a loan of two 
hundred dollars for each unpledged share held by him, or 
such fractional part of two hundred dollars as the by-laws 
may allow. If any money so offered for sale remains un- 
sold, the directors may invest it in any of the securities 
named in the second clause of section sixty-eight of chapter 
five hundred and ninety of the acts of the year nineteen 



224 Acts, 1910. — Chaps. 289, 290. 

hundred and eight, or may loan it upon first mortgages of 
real estate situated in this commonwealth, upon the condi- 
tions imposed by this chapter, or upon the shares of the 
bank to an amount not exceeding their value at the adjust- 
ment last preceding the time of the loan ; but in either case 
the loans shall be at the highest rate at the last preceding 
monthly sale of money, and a note shall be given as required 
by section fourteen. 

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

Approved March 25, 1910. 

Chap.2S9 An Act relative to the superintendent of streets of 

THE CITY OF LAWRENCE. 

Be it enacted, etc., as follows: 
1901, 468 Seotion 1. Section one of chapter four hundred and 

§ 1 Amended. 

sixty-eight of the acts of the year nineteen hundred and 
one is hereby amended by striking out the word " Jan- 
uary ", in the fourth line, and inserting in place thereof 
Superintend- tlio word : — April, — SO as to read as follows : — 8ec- 

ent of streets 

election, etc. ' tio7i 1. Tlic Superintendent of streets of the city of Law- 
rence shall hereafter be elected by the voters of the city at 
the annual city election, and shall hold office for two years 
from the first Monday in April following his election. 
Vacancies in the office may be filled for the unexpired term 
by appointment by the mayor, subject to confirmation by 
the board of aldermen. 

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

Approved March 25, 1910. 

Chap.290 An Act to authorize the city of pittsfield to incur 

ADDITIONAL INDEBTEDNESS FOR THE IMPROVEMENT OF 
ITS WATER WORKS. 

Be it enacted, etc., as follows: 

Pittsfield Section 1. The city of Pittsfield, for the purposes men- 

Act of 1910.' tioned in chapter one hundred and eighty-five of the acts of 
the year eighteen hundred and ninety-two and acts in 
amendment thereof or in addition thereto, and in chapter 
five hundred and fourteen of the acts of the year nineteen 
hundred and seven, may issue from time to time bonds, 
notes or scrip to an amount not exceeding five hundred 
thousand dollars in addition to the amounts heretofore au- 



Vacancies. 



Acts, 1910. — Chap. 291. 225 

thorized 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 1910 ; 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 and counter- 
signed by the mayor of the city. The city may sell such 
securities at public or private sale, or pledge the same for 
money borrowed for the purposes of this act, upon such 
terms and conditions as it may deem proper: provided, P'o^'so. 
that the securities shall not be sold for less than the par 
value thereof. The city may authorize temporary loans, 
at a rate of interest not exceeding five per cent per annum, 
to be made by its mayor and treasurer in anticipation of 
the bonds hereby authorized. 

Section 2. The city shall at the time of authorizing Paj-ment 
the said loan provide for the payment thereof in such an- 
nual 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 operat- 
ing its water works and the interest as it accrues on the said 
bonds, notes or scrip, and to make such payments on the 
principal as may be required under the provisions of this 
act shall, without further vote, be assessed by the assessors 
of the city in each year thereafter, in a manner similar to 
that in which other taxes are assessed under the provisions 
of section thirty-seven of chapter twelve of the Revised 
Laws, until the debt incurred by said loan is extinguished. 

Section. 3. This act shall take effect upon its passage. 

Approved March 25, 1910. 

An Act to authorize the metropolitan water and pi^fj^t 291 

SEWERAGE BOARD TO MAKE CERTAIN IMPROVEMENTS IN 
THE METROPOLITAN" WATER SYSTE:\I. 

5e it enacted, etc., as follows: 

Section 1. The sum of one hundred and five thousand Certain im- 

1 n 1 n 1 n 1 1 • • provements in 

dollars shall be allowed and paid out of the treasury of the metropoii- 
the commonwealth from the Metropolitan Water Loan syst^ ^' 

authorized. 



etc. 



226 Acts, 1910. — Chap. 292. 

• 

Fund for tlic following purposes : — For a thirty-six inch 
main for the improvement of the supply of the East Boston 
district of the city of Boston ; and for a new main for the 
extension of the high-service district in Arlington and Lex- 
ington. 
Expenditures, Sectiox 2. For the purposcs aforcsaid the metropoli- 
tan water and sewerage board may, in addition to providing 
for the improvements for which expenditures have hitherto 
been authorized, expend any sum heretofore appropriated 
for the construction of the metropolitan water works. To 
meet the further expenditures incurred under the provi- 
sions 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. Metro- 
politan Water Loan, to an amount not exceeding eighty 
thousand dollars, in addition to the sum of forty-one mil- 
lion seven hundred and ninety-eight thousand dollars 
authorized to be issued by chapter four hundred and eighty- 
eight of the acts of the year eighteen hundred and ninety- 
five and acts in addition thereto, and the provisions of said 
chapter four hundred and eighty-eight and acts in amend- 
ment thereof and in addition thereto shall apply to this ad- 
ditional loan. 

Sectiox 3. This act shall take effect upon its passage. 

Approved March 25, 1910. 

Chap.292 An Act to authorize the metropolitan water and 

SEWERAGE BOARD TO ENABLE THE CITY OF QUINCY TO 
DRAIN ITS TERRITORY INTO THE HIGH-LEVEL SEWER. 

Be it enaded, etc., as follows: 

The city of Section 1. The metropolitan water and sewerage board 

drain its teV- is hereby authorized to expend from the balance remaining 
hiewe'vd" ^^^ of the Metropolitan Sewerage Loan Fund, South System, 
sewer. nMoh suiu as may be required in compliance with section 

eight of chapter four hundred and twenty-four of the acts 
of the year eighteen hundred and ninety-nine for the con- 
struction of such works as may be necessary in order to 
enable the city of Quincy to drain by gravity its territory 
into the high-level sewer. 

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

Approved March 25, 1910. 



Acts, 1910. — Chaps. 293, 294. 227 



An Act relative to the location upon the official (77ia7).293 

BALLOT IN THE CITY OF CAMBKIDGE OF NAMES OF CAN- 
DIDATES FOR ALDERMEN. 

Be it enacted, etc., as follows: 

Section 1. The names of candidates for aldermen in Order of 
the city of Cambridge shall be printed upon the official certain 
ballot in the order in which they may be drawn by the city uton'offidai 
clerk whose duty it shall be to make such drawing. The ^aiiot, etc. 
city clerk shall, before proceeding to draw the names as 
aforesaid, give notice in writing to the several candidates of 
the time and place of the drawing, and every such candi- 
date may be present thereat or may be represented by one 
person. The said notice shall be mailed, postage prepaid, 
to each candidate at the residence stated on the nomination 
papers, at least twenty-four hours before the time fixed for 
the drawing ; and the drawing shall be made not more than 
forty-eight hours after the last day for filing nominations 
for aldermen. 

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

Approved March 25, 1910. 

An Act to incorporate the forsyth dental in- (^i^qij 294 
firmary for children. 

Be it enacted, etc., as follows: 

Section 1. Thomas Alexander Forsyth, Frederick Forsyth 
William Hamilton, Edward Walter Branigan, Harold Wil- infirmary 
Hams, John Francis Dowsley, Ervin Arthur Johnson, Tim- fnco^o'ratTd. 
othy Leary, Sumner Robinson, Chester Bradley Humphrey, 
and their associates and successors, are hereby made a cor- 
poration by the name of the Forsyth Dental Infirmary for 
Children, for the purpose of establishing and maintaining 
an infirmary for the reception and oral treatment, dental, 
medical and surgical, of children under the age of sixteen 
years, and of such other persons as the corporation may 
from time to time determine. 

Section 2. Said corporation may receive and hold for May receive 
the purposes of said corporation real and personal estate rMiand 
which may from time to time be given, granted, bequeathed estaTe?etc. 
or devised to it and accepted by the corporation. Said cor- 
poration may convey and turn over any property received 



228 



Acts, 1910. — Chap. 29i. 



Purposes for 
which income 
and profits 
shall be 
used, etc. 



Membership. 



Board of 
trustees, etc. 



bj it to any trust company incorporated under the laws of 
the commonwealth upon such trusts for its benefit as the 
corporation may declare and determine, and any such trust 
company may receive and hold in trust any such property 
and also any other property, real or personal, which may be 
conveyed to it by will, trust deed, or otherwise, by any 
person or other corporation for the benefit of said corpora- 
tion. The aggregate value of real and personal property so 
held by said corporation and so held in trust for its benefit 
shall not exceed two million dollars. 

Section 3. Xo part of the income or profits of said 
corporation or of property held in trust for said corpora- 
tion shall be divided among its members or shall be used 
for other than educational, benevolent, charitable or scien- 
tific purposes. The personal property of said corporation 
and personal property held in trust as aforesaid for its 
benefit, the real estate owned by it, or held in trust as afore- 
said for its benefit, and occupied by it or its officers for the 
purposes for which it is incorporated, and real estate pur- 
chased by it, or by such trustee for its benefit, -with the pur- 
pose of removal thereto, until such removal, but not for 
more than two years after such purchase, shall be exempt 
from taxation in any year in which the corporation shall 
not wilfully omit to bring in to the assessors the list or state- 
ment required by section forty-one of Part I of chapter four 
hundred and ninety of the acts of the year nineteen hundred 
and nine, said list or statement to include all real and per- 
sonal estate held in trust for its benefit as aforesaid by such 
trust company or trust companies of which it has knowl- 
edge. 

Section 4. Said corporation shall consist of the afore- 
said incor^Dorators and of such other persons as may at any 
legal meeting of the corporation be elected members thereof 
by ballot. 

Sectiox 5. Said corporation may delegate any of its 
powers to a board of trustees, consisting of not less than 
five nor more than ten members, w^ho shall be elected by 
ballot at any legal meeting of the corporation. Said cor- 
poration may adopt such by-laws, create such offices, elect 
such officers, and otherwise manage the affairs thereof in 
such manner as it sees fit. 

Section 6. This act shall take effect upon its passage. 

Approved March 25, 1910. 



Acts, 1910. — Chaps. 295, 296. 229 

An Act relative to the Massachusetts police mutual Chap.295 

AID ASSOCIATION. 

Be it enacted, etc., as folloivs: 

Section 1. Section two of chapter two hundred and |^2°^amended. 
fortj-six of the acts of the year nineteen hundred and five 
is hereby amended by striking out the words " Persons who 
are members of the police department of some city or 
town ", in the first and second lines, and inserting in place 
thereof the words : — Any police officer, — so as to read 
as follows : — Section 2. Any police officer in the com- Membership, 
monwealth, excluding the city of Boston, and such persons 
only, shall be eligible to membership in the corporation 
hereby created. 

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

Approved March 26, 1910. 

An Act relative to paid agents for fraternal bene- QJinr) 296 

FICIARY CORPORATIONS. 

Be it enacted, etc., as folloivs : 

Section sixteen of chapter one hundred and nineteen of ?igg^g^' 
the Revised Laws, as amended by chapter four hundred amended.' 
and seventy-two of the acts of the year nineteen hundred 
and seven, is hereby further amended by inserting before 
the word " organizers ", in the sixth line, the words : — 
and pay, — and by striking out the words " as officers or 
deputies, to assist members of weak and inactive local 
branches to increase their membership, if their compensa- 
tion does not depend upon and is not affected by such in- 
crease ", in the seventh, eighth, ninth and tenth lines, and 
inserting in place thereof the words : — to assist weak 
or inactive local branches to increase their membership, — 
so as to read as follows: — Section 16. 'Ro corporation Employment 
organized or transacting business under the provisions of "eg^uia'ted. 
this chapter shall employ paid agents in soliciting or 
procuring business ; but corporations which transact busi- 
ness as fraternal societies on the lodge system may em- 
ploy and pay organizers in the preliminary organization of 
local branches, and members, to assist weak or inactive 
local branches to increase their membership, and corpora- 
tions which limit their certificate holders to a particular 



280 



Acts, 1910. — Chap. 297. 



order, clergy or fraternity may employ and pay members 
for securing new members, and any corporation may pay 
local collectors. Whoever solicits membership for, or in 
any manner assists in procuring membership in, or aids in 
the transaction of business for, a corporation or organization 
not authorized to do business in this commonwealth, shall 
be punished as provided in section twenty-one of this chap- 
ter. A corporation organized or transacting business 
under or as defined in this chapter shall, within two' months 
after the adoption by it of an amendment to its by-laws, file 
with the insurance commissioner a copy thereof, setting 
forth such amendment distinctly and clearly, and this copy 
shall be certified by its recording officer. 

Approved March 26, 1910. 



R. L. 62, § 4, 
amended. 



Chap.297 An Act to establish the bushel weight of certain 

COMMODITIES. 

Be it enacted, etc., as follows: 

Section four of chapter sixty-two of the Revised Laws 
is hereby amended by striking out the word " and ", in 
the last line, and by adding at the end thereof the words : — 
of beets, sixty pounds ; of cranberries, thirty-two pounds ; of 
pears, fifty-eight pounds ; of parsnij^s, forty-five pounds ; 
of roasted peanuts, twenty pounds ; of green peanuts, 
twenty-two pounds ; of peaches, forty-eight pounds ; of 
tomatoes, fifty-six pounds ; of turnips, fifty-five pounds ; 
and of quinces, forty-eight pounds, — so as to read as fol- 
lows : — Section Jj . The bushel of wheat shall contain 
sixty pounds ; of Indian corn or of rye, fifty-six pounds ; 
of barley, forty-eight pounds ; of oats, thirty-two pounds ; 
of corn meal, fifty pounds ; of rye meal, fifty pounds ; of 
peas, sixty pounds; of soy beans (glycine hispida), fifty- 
eight pounds ; of potatoes, sixty pounds ; of apples, forty- 
eight pounds ; of carrots, fifty pounds ; of onions, fifty-two 
pounds ; of clover seed, sixty pounds ; of herdsgrass or 
timothy seed, forty-five pounds ; of Japanese barnyard 
millet (panicum crus-galli), thirty-five pounds; of bran 
and shorts, twenty pounds ; of flaxseed, fifty-five pounds ; of 
coarse salt, seventy pounds ; of fine salt, fifty pounds ; of 
lime, seventy pounds ; of sweet potatoes, fifty-four pounds ; 
of beans, sixty pounds ; of dried apples, twenty-five pounds ; 
of dried peaches, thirty-three pounds ; of rough rice, forty- 



Weight of 
bushel. 



Acts, 1910. — Chaps. 298, 299. 231 

five pounds ; of upland cotton seed, thirty pounds ; of sea 
island cotton seed, forty-four pounds ; of buckwheat, forty- 
eight pounds ; of beets, sixty pounds ; of cranberries, thirty- 
two pounds ; of pears, fifty-eight pounds ; of parsnips, 
forty-five pounds ; of roasted peanuts, twenty pounds ; of 
green peanuts, twenty-two pounds ; of peaches, forty-eight 
pounds; of tomatoes, fifty-six pounds; of turnips, fifty- 
five pounds ; and of quinces, forty-eight pounds. 

Approved Mavch 2G, 1910. 



Chap.29S 



tion 
inte- 



An Act relative to the restoration and main- 
tenance OF THE OLD PROVINCIAL STATE HOUSE IN THE 
CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. There shall be allowed and paid out of Restoratic 

A _ _ and maint- 

the treasury of the commonwealth to the Bostonian Society nance of the 
the sum of fifteen hundred dollars annually toward the state house.' 
maintenance of the old provincial state house in the city 
of Boston. 

Section 2. There shall be allowed and paid out of the Same subject. 
treasury of the commonwealth for repairs and improve- 
ments in the interior of the old provincial state house in 
the city of Boston the sum of one thousand dollars, to be 
expended under the direction of the governor and council 
of the commonwealth and the mayor of the city of Boston. 

Section 3. This act shall take effect upon its passage. 

Approved March 28, 1910. 



Chap.2m 



An Act relative to the appointment of staff corps 

AND department OFFICERS OF THE MILITIA. 

Be it enacted, etc., as folloivs: 

Section 1. Section forty-two of chapter six hundred ^^^^^' ^O'*- 
and four of the acts of the year nineteen hundred and eight amended, 
is hereby amended by inserting after the word " officer ", in 
the seventeenth line, the words : — or as a staff corps officer, 
or, with the exception of medical officers, as a department 
officer, — so as to read as follows : — Section 1-2. The Appointment 
staff of the commander-in-chief shall be appointed by him ; offiS 
the staff of a brigade, by the brigadier general command- 
ing; the staff of a regiment of infantry, battalion of ar- 
tillery, squadron of cavalry, corps of cadets, the naval 



232 Acts, 1910. — Chaps. 300, 301. 

brigade, or unattached company, by the permanent com- 
mander thereof; and they shall be commissioned by the 
commander-in-chief on the request of the appointing of- 
ficers. 

All officers in the staff corps and departments shall be 
appointed by the commander-in-chief, and shall be ex- 
amined as required for staff officers, other than the staff" 
of the commander-in-chief, and the appointments made in 
pursuance of general order number twenty-four, adjutant 
general's office, series of nineteen hundred and seven, are 
hereby ratified and confirmed. 

Xo person shall be eligible to be appointed as a staff 
officer, or as a staff corps officer, or, with the exception of 
medical officers, as a department officer, unless he has 
served in the regular or volunteer naval or military forces 
of the United States, or in the militia or naval militia of 
some state thereof. 

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

Approved March 29, 1910. 

Chcip.SOO An Act relative to the annual kepokt of the 

TRUSTEES OF THE GARDNER STATE COLONY. 

Be it enacted, etc., as follows: 

R. L. 9, § 7, Section 1. Section seven of chapter nine of the Re- 

vised Laws, which relates to the printing and distribu- 
tion of public documents, is hereby amended by inserting 
after the words '' Medfield insane asylum ", in the one hun- 
dred and thirty-eighth line, the words : — and the Gardner 
state colony, — and by inserting after the word " copies ", 
in said line, the word : — each. 

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

Approved March 29, 1910. 

Chap.^OX An Act relative to the amount of taxes in the 

CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Limit of tax The taxBS assessed on property in the city of Spring- 

of Springfield, field, cxclusive of the state tax, county tax and sums re- 
quired by law to be raised on account of the city debt, 
shall not exceed on every one thousand of the assessors' 
valuation of the taxable property therein for the preceding 



Acts, 1910. — Chaps. 302, 303. 233 

year thirteen dollars, the said valuation being first reduced 
by the amount of all abatements thereon previous to the 
thirty-first day of December in the year preceding said as- 
sessment, subject to all the provisions of section fifty-three 
of Part I of chapter four hundred and ninety of the 
acts of the year nineteen hundred and nine, except the 
limit of taxation therein provided, which shall not be 
applicable to the city of Springfield for a period of five 
years. Approved March 29, 1910. 



Chap,302 



An Act making an appropriation for the main- 
tenance OF THE LAKEVILLE STATE SANATORIUM. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding seventy-five thousand Lakeviiie 

o J _ state san- 

nine hundred and ninety dollars is hereby appropriated, to atorium. 
be paid out of the treasury of the commonwealth from the 
ordinary revenue, for the maintenance of the Lakeville 
state sanatorium for the fiscal year ending on the thirtieth 
day of l^ovember, nineteen hundred and ten : provided, Proviso. 
however, that no part of the sum hereby appropriated shall 
be available until said sanatorium shall be fully equipped 
and declared open and ready for occupancy, as provided 
by section seven of chapter four hundred and seventy-four 
of the acts of the year nineteen hundred and seven. 

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

Approved March 29, 1910. 



Chap.303 



state san- 
atorium. 



An Act making appropriations foe the maintenance 
of the north reading state sanatorium. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- North Read- 
priated for the maintenance of the Xorth Reading state 
sanatorium for the fiscal year ending on the thirtieth day 
of November, nineteen hundred and ten, to wit : — 

From the receipts of said sanatorium now in the treas- 
ury of the commonwealth, the sum of eleven hundred 
eighteen dollars and twenty cents ; and from the treasury 
of the commonwealth from the ordinary revenue, a sum 
not exceeding seventy-nine thousand five hundred one dol- 
lars and eighty cents. 

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

Approved March 29, 1910. 



234 



Acts, 1910. — Chaps. 304, 305. 



Westfield 
state san- 
atorium. 



C/i«p.304 Ax Act making ax appropkiatiox for the main- 

TEXANCE OF THE WESTFIELD STATE SANATORIUM. 

Be it enactedj etc., as follows: 

Section 1. A sum not exceeding sixty-five thousand 
two hundred and thirtj-six dollars is hereby appropriated, 
to be paid out of the treasury of the commonwealth from 
the ordinary revenue, for the maintenance of the Westfield 
state sanatorium, in process of erection, for, the fiscal year 
ending on the thirtieth day of ^November, nineteen hundred 
and ten; provided, however, that no part of the sum hereby 
appropriated shall be available until said sanatorium shall 
be fully equipped and declared open and ready for occu- 
pancy, as provided by section seven of chapter four hun- 
dred and seventy-four of the acts of the year nineteen hun- 
dred and seven. 

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

Approved March 29, 1910. 



Proviso. 



Chap.305 An Act making appropriations for purchasing paper, 
printing and binding public documents, printing 

AXD distributing BALLOTS, AND FOR OTHER PURPOSES. 

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

For printing and binding public documents, a sum not 
exceeding nineteen 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. 

For the newspaper publication of the general laAvs and 
of informatiDu intended for the public, a sum not exceed- 
ing five hundred dollars. 
Derisions of YoT Tcports of dccisious of the supreme iudicial court, a 

supreme ^ . n 

judicial sum iiot exceeding three thousand dollars. 

court. ^ 



Appropria- 
tions. 



Public 
documents, 



Pamphlet 
edition of 
acts, etc. 



Blue book. 



Publication 
of laws. 



Acts, 1910. — Chaps. 306, 307. 235 

For the purchase of paper used in the execution of the Purchase 
contract for the state printing, a sum not exceeding forty- ° ^''^^'^" 
three thousand five hundred doUars. 

For registration books and blanks, indexing returns and bo'(fks!Ttc°'^ 
editing registration report, a sum not exceeding five thou- 
sand dollars. 

For printing and distributing ballots, a sum not exceed- ftc!°baifots. 
ing ten thousand dollars. 

For blanks for town officers, for election laws and blanks Blank forms, 

. . etc. 

and instructions on all matters relating to elections, and for 
the expense of advertising the state ticket, a sum not ex- 
ceeding four thousand dollars. 

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

Approved March 29, 1910. 



Choyp.soe 



An Act kelative to sales and conveyances of land 

TO THE commonwealth. 

Be it enacted, etc., as follows: 

No officer or employee of the commonwealth, and no Saies and 
member of a state board or commission or board of trustees offlnd^to*'^^ 
of a state institution, and no officer or employee of any weaitT""*" 
such board, commission or board of trustees, shall act as 
agent or attorney of any person or corporation in a sale or 
conveyance of land to the commonwealth. 

Approved March 29, 1910. 



Chap.307 



An Act relative to persons suffering from certain 
mental disorders who are arrested or confined in 
the city of boston. 

Be it enacted, etc., as follows: 

Section 1. All persons suffering from delirium, ma- Examination 
nia, mental confusion, delusions or hallucinations, now gufferfng^ 
under arrest or in confinement, or who may hereafter be from certain 

. . t^ mental dis- 

arrested by, or come under the care or protection of the orders, etc. 
police of the city of Boston and who, owing to a lack of 
suitable buildings or wards, are at present placed in the 
city prison, the house of detention or the house of correc- 
tion on Deer Island, pending a medical examination and 
transference, shall be taken for examination directly to 
the hospital constructed under the provisions of chapter 



236 Acts, 1910. — Chap. 308. 

four hundred and seventy of the acts of the year nineteen 
hundred and nine, when said hospital is ready for the re- 
ception of patients, in the same manner in which persons 
afflicted with other diseases are taken to a general hospital. 
If, after examination, the physician in charge of the said 
hospital decides the case to be one of delirium tremens or 
drunkenness, the hospital shall not be obliged to admit the 
patient, but otherwise the said hospital shall admit, observe 
and care for all jDcrsons suffering from delirium, mania, 
mental confusion, delusions or hallucinations until they 
can be committed or admitted to the hospital or institution 
appropriate in each particular case, unless the patient 
should recover or should be placed by the physician in 
charge of the said hospital in the care of his friends before 
such committal or admission, 
boa^rdo*/ Section 2. From and after the first day of May in 

insanity to ^]jq current year, and until such time as the said hospital 

provide suit- ini ini ^ • • ^ 

able temporary shall DC Completed and ready to receive patients, the state 
^^'^ ' ' board of insanity shall provide at the Boston State Hospital 
suitable temporary quarters for receiving and giving medi- 
cal care and treatment to all persons suffering from the 
above mentioned disorders, exclusive of drunkenness and 
delirium tremens, to which quarters shall be sent directly 
all such persons who are now in the city prison, house 
of detention or house of correction on Deer Island, pending 
medical examination and transference, or who, under the 
provisions of this act, will be sent to the hospital con- 
structed under the provisions of chapter four hundred and 
seventy of the acts of the year nineteen hundred and nine, 
when that hospital is ready. 
Jo^flnraent Skctiox 3. Oil and after the first day of May in the 

in a penal currciit year no person suffering from delirium, mania, 

institution . . . . 

limited. mental confusion, delusions or hallucinations shall be har- 

bored or confined in any penal institution within the city 
of Boston for a period exceeding twelve hours. 

Approved March 29, 1910. 

Chap.SOS An Act to authorize the city of fall kiver to incur 

INDEBTEDNESS FOR SEWER PURrOSES. 

Be it enacted, etc., as follows: 
City of Fall Section 1. For tlic purposc of constructing sewers 

Kiver may ^ ' _ ~ _ _ 

incur indebt- and for Other sewer purposes, the city of Fall River, in 



Acts; 1910. — Chap. 309. 237 

addition to authority previously granted to the city to incur ednessfor 
debts outside of its statutory debt limit, is hereby author- poses, 
ized to incur indebtedness outside of the statutory debt 
limit of the city to an amount not exceeding fifty thousand 
dollars, and to issue notes, bonds or scrip therefor, of such 
denominations as it may determine, payable within thirty 
years from the dates of issue, and bearing interest at a 
rate not exceeding four per cent per annum, payable semi- 
annually. 

Section 2. The city at the time of authorizing said ff^oTn^*^ 
loan shall provide for the payment thereof in accordance 
with the provisions of section thirteen of chapter twenty- 
seven of the Revised Laws, and of acts in amendment there- 
of, as the city council may determine. 

Section 3. This act shall take effect upon its passage. 

Approved March 29, 1910. 



Chap.309 



An Act to make valid certain notes of the city of 
medfoed and to authorize that city to borrow 
money for its proportion of the cost of con- 
structing wellinciton bridge. 

Be it enacted, etc., as follows: 

Section 1. The notes heretofore issued by the city certain notes 
of Medford to provide for the payment of its proportion 's^^'^dby 



the city of 

of the cost of constructing Wellington bridge, so-called, Medford 

~ n made valid. 

namely: — A note for ten thousand dollars, numbered 31, 
and dated August 1, 1906, a note for five thousand six 
hundred dollars, numbered 41, and dated September 1, 
1907, and a note for eight thousand dollars, numbered G5, 
and dated December 1, 1908, shall be deemed legal and 
binding obligations of the city of Medford, and the acts of 
the board of aldermen and officers of said city in authoriz- 
ing and issuing the same are hereby ratified and confirmed. 

Section 2, The act of the mayor and board of alder- a certain 
men of the city of Medford in authorizing the issue of a ma>°oVand 
note for eight thousand dollars to pay the city's proportion, ^['^"r'Jj,*'^ 
for the year nineteen hundred and nine, of the cost of the ratified. 
construction of Wellington bridge is hereby ratified and 
confirmed, and said note may be issued and shall be a 
legal and binding obligation of the city, and the proceeds 
of the note shall be used for the purpose of reimbursing 



238 



Acts, 1910. — Chap. 310. 



Payment of 
cost of con- 
struction of 
Wellington 
bridge. 



Exemption. 



R. L. 27, 
to apply. 



the eitv of Medford for a like sum paid out of its general 
treasury for the purpose of paying the assessment of the 
year nineteen hundred and nine. 

Sectioiv 3. The city of Medford is hereby authorized 
to borrow money to pay its proportion of the cost of the 
construction of the Wellington bridge for the year nineteen 
hundred and ten, and to issue a note or notes therefor for 
a period not exceeding ten years, and at a rate of interest 
not exceeding four per cent per annum, as the mayor and 
board of aldermen may determine. Said note or notes 
shall be signed by the mayor and treasurer and counter- 
signed by the city auditor, and the city may sell the same 
at public or private sale for not less than the par value 
thereof. The proceeds of such sale shall be paid into the 
city treasury, and the treasurer shall use the same to pay 
said final instalment of the proportion of the city of Med- 
ford of the cost of the construction of said Wellington 
bridge. 

Section 4. The city of Medford is hereby exempted 
from raising by taxation during the year nineteen hundred 
and ten the fifth and final payment of its proportion of 
the cost of the construction of the Wellington bridge. 

Sectiox 5. The provisions of chapter twenty-seven of 
the Revised Laws, relative to the establishment of a sinking 
fund, and to annual proportionate payments, shall apply 
to the note or notes issued under authority of this act. 

Section 6. This act shall take eifect upon its passage. 

Approved March 29, 1910. 



ChaTt.^lO An Act to peovide for the appointment of a second 

ASSISTANT district ATTORNEY FOR THE NORTHERN DIS- 
TRICT. 

Be it enacted, etc., as follows: 

Section 1. The district attorney for the northern dis- 
trict may appoint a first and a second assistant district 
attorney, and any such assistant may be removed at the 
pleasure of the district attorney. 

Section 2. The salary of the second assistant district 
attorney for the northern district shall be eighteen hun- 
dred dollars a year, payable from the treasury of the com- 
monwealth. 



Second 
assistant 
district at- 
torney for 
northern 
district, 
appointment, 
etc. 
Salary. 



Acts, 1910. — Chaps. 311, 312. 239 

Section 3. Section two of chapter one hundred and g^o'^^n'^tul' 
fiftj-seven of the acts of the year nineteen hundred and "pp'J'- 
five shall not apply to the office hereby created. 

Section 4. This act shall take ett'ect upon its passage. 

Approved March 29, 1910. 

A:n^ Act relative to the payment of court fees to (7^«r>.311 

CERTAIN employees OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section forty-seven of chapter two hundred and four r. l. 204, 
of the Revised Laws is hereby amended by inserting after amended, 
the word " law ", in the second line, the words : — or any 
employee of the commonwealth receiving regular compensa- 
tion from the commonwealth, — so as to read as follows : — 
Section ^7. A district police officer or an officer of the Certain 
commonwealth whose salary is fixed by law, or any em- officers not 
ployee of the commonwealth receiving regular compeii- Witness ^^ 
sation from the commonwealth shall not be entitled to a fees, etc. 
witness fee before any court or trial justice of this common- 
wealth in a cause in which the commonwealth is a party. 
An officer whose compensation is derived solely from fees 
shall not be entitled to receive more than one fee as a wit- 
ness for a day's attendance on court under one or more 
summonses in behalf of the commonwealth, and the said 
fee shall be apportioned by the clerk among the cases in 
which he is so summoned. Approved March 29, 1910. 

An Act to establish the boundary line between the (JJian 312 

CITIES OF BOSTON AND CAMBKIDaE. 

Be it enacted, etc., as follows: 

Section 1. The boundary line between the city of Boundary 

. '' . "J line between 

Boston and the city of Cambridge is hereby changed so Boston and 

. </ o Cambridge 

that a ]3art of said boundary line shall be as follows : — established. 
Beginning at a point in the present boundary line in the 
Charles river twelve hundred and thirty feet from the 
northwesterly line of Beacon street and about four hun- 
dred and seventy-five feet southwesterly from the south- 
westerly line of Berkeley street extended ; thence running 
northeasterly and northerly about fourteen hundred and 
fifty feet on a curved line of thirteen hundred feet radius ; 



210 



Acts, 1910. — Chap. 313. 



Boundary 
line between 
Boston and 
Cambridge 
established. 



thence running northerly about four hundred and thirty 
feet upon a line making an angle of ninety degrees with 
Cambridge bridge, and crossing midway between the two 
principal piers thereof ; thence running northerly and 
northeasterly about nine hundred and sixty feet by a 
curved line of eighteen hundred feet radius ; thence run- 
ning northeasterly by a line parallel with and eight hun- 
dred feet from Commercial avenue in Cambridge about two 
thousand one hundred and seventy-five feet ; thence run- 
ning easterly about fifteen hundred and twenty feet by a 
line parallel with and one hundred and fifty feet south- 
erly from the northeasterly side of a proposed new channel 
for Charles river ; thence running northwesterly about thir- 
teen hundred feet by the center of a proposed new channel 
from Millers river ; thence running more northwesterly 
about fourteen hundred and forty feet by a line in the 
channel in Millers river; thence running northerly about 
two hundred and fifty feet to the intersection of the pres- 
ent boundary line between the city of Somerville and the 
city of Boston with the present boundary line between the 
city of Somerville and the city of Cambridge. The said 
new boundary line is shown by a red line upon a plan 
marked ^' City of Boston — Boundary Line in Charles 
Kiver and Millers River between Boston and Cambridge — 
February 1, 1910 — L. M. Hastings — City Engineer of 
Cambridge, — William Jackson — City Engineer of Bos- 
ton " on file in the office of the secretary of the common- 
wealth. 

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

Approved March 29, 1910. 



ChapMd Ax Act 



R. L. 75, § 70, 
amended. 



Location of 
privy vaults 
regulated. 



RELATIVE TO THE CONSTRUCTION OF PRIVY 
VAULTS IN SMALL TOWNS. 

Be it enacted, etc., as folloivs: 

Section 1. Section seventy of chapter seventy-five of 
the Revised Laws is hereby amended by striking out the 
word " five ", in the second line, and inserting in place 
thereof the word : — one, — so as to read as follows : — 
Flection. 70. If the city council of a city or a town having 
a population of more than one thousand accepts the provi- 
sions of this section, or has accepted the corresponding pro- 
visions of earlier laws, no privy vault shall be constructed 



Acts, 1910. — Chap. 314. 241 

upon premises which are coiiiiected with a public or pri- 
vate sewer or which abut on a public or private street, 
court or passageway in which there is a public sewer op- 
posite thereto, without permission in writing having first 
been obtained from the board of health of such city or 
town. And if, in the opinion of said board, a privy vault 
so situated is injurious to the public health, it shall declare 
the same to be a nuisance and shall forbid its continuance, 
and the provisions of the three preceding sections shall 
apply thereto. 

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

Approved March 29, 1910. 



An Act to extend the boundaries of the noktii 
chelmsfoed fire district and to authorize it to 
make an additional water loan. 



CAap.314 



Be it enacted, etc., as foUoivs: 

Section 1. The boundaries of the i^orth Chelmsford cheimsford 
Fire District are hereby extended so as to include the four ^'"e District, 
different parcels of land described in this section and the extended, 
inhabitants of the town of Chelmsford liable to taxation 
in said town and residing in the territory included in said 
parcels : — The first parcel is situated east of the present 
fire district, adjoining the same, and is bounded and de- 
scribed as follows : — Beginning at a point at the southeast 
corner of the Middlesex county truant school lot, at the 
southeast corner of the present fire district ; thence north- 
erly by said truant school lot and by the boundary line of 
said fire district to an angle at a point distant two hun- 
dred feet southerly from the Princeton boulevard ; thence 
easterly by a line parallel with and distant two hundred 
feet southerly from said boulevard and along the boundary 
line of the present fire district to the division line between 
the town of Chelmsford and the city of Lowell ; thence 
southerly by said division line four hundred feet to an 
angle and thence turning and running in a southwesterly di- 
rection by a straight line to the point of beginning. The 
second parcel adjoins the present fire district on the south 
and is bounded and described as follows : — Beginning at 
an angle in the present southwesterly boundary line of said 
fire district at the Groton road on the shore of Xewfield or 
Leach's pond ; thence by a boundary line of the present 



242 



Acts, 1910. — Chap. 314. 



Xorth 
Chelmsford 
Fire District, 
boundaries 
extended. 



North 
Chelmsford 
Fire District 
Loan, Act 
of 1910. 



fire district and by the easterly shore of Leach's pond to the 
mouth of the canal ; thence southerly by the boundary line 
of said fire district to the location of the Stonybrook rail- 
road ; thence northwesterly by a straight line to the begin- 
ning. The third parcel adjoins the present fire district 
on the west and is bounded and described as follows : — 
Beginning at the northwesterly corner of the present fire 
district at Newfield Eddy, so-called, near the stone sheds ; 
thence southwesterly by the boundary line of the present 
fire district to the Dunstable road, so-called, at Swain's 
pond ; thence northwesterly by the southwesterly line of 
said Dunstable road to the division line between the town 
of Chelmsford and the town of Tyngsborough ; thence north- 
erly by said division line to a cross road leading from Dun- 
stable road to the river road leading to Nashua ; and thence 
northeasterly by the northwesterly line of said cross road 
to said river road and continuing in the same direction to 
the beginning. The fourth parcel adjoins the present fire 
district on the south and is bounded as follows : — Begin- 
ning at a point in the southerly line of the present fire dis- 
trict, which point is distant two hundred feet southwesterly 
from the southwesterly line of that part of the state high- 
way formerly known as Middlesex Turnpike and one hun- 
dred feet northwesterly from the northwesterly line of 
Roosevelt street ; thence southwesterly, parallel with said 
Roosevelt street and distant one hundred feet therefrom, 
three hundred feet to a point ; thence at a right angle south- 
easterly, crossing said Roosevelt street, and continuing in 
the same direction to a point which is two hundred feet 
southeasterly from the southeasterly line of the Princeton 
boulevard extended in a southwesterly direction ; thence 
northeasterly to the present line of said fire district, said 
last described line being an extension in a straight line, in 
a southwesterly direction, of the present boundary line of 
the fire district; thence northwesterly and southwesterly 
by the present boundary line of the fire district to the point 
of beginning. 

Section 2. For the purposes mentioned in chapter one 
hundred and nineteen of the acts of the year nineteen hun- 
dred and six, the I^Torth Chelmsford Fire District may issue 
from, time to time bonds, notes or scrip to an amount not 
exceeding five thousand dollars in addition to the amounts 
heretofore authorized by law to be issued by said district 



Proviso. 



of loan. 



Acts, 1910. — Chap. 315. 243 

for water supply purposes. Such bonds, notes or scrip 
shall bear on their face the words, North Chelmsford Fire 
District Loan, Act of 1910^ shall be payable at expiration 
of periods not exceeding thirty years from the dates of 
issue ; shall bear interest, payable semi-annually, at a rate 
not exceeding four and one half per cent per aniuim ; and 
shall be signed by the treasurer of the district and counter- 
signed by the water commissioners. Said district may 
sell such securities at public or j^rivate sale or pledge the 
same for money borrowed for the j)urposes of this act, upon 
such terms and conditions as it may deem proper : provided, 
that the securities shall not be sold for less than the par 
value thereof. 

Section 3. The said district shall, at the time of au- P^aj-ment 
thorizing said loan, provide for the payment thereof in 
such annual proportionate payments, beginning not more 
than five years after the first issue of such bonds, notes or 
scrip, as will extinguish the same within the time 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 operat- 
ing its water works and the interest as it accrues on the 
bonds, notes or scrip issued as aforesaid by said district, 
and to make such payments on the principal as may be re- 
quired under the provisions of this act shall, without fur- 
ther vote, be assessed by the assessors of the town of 
Chelmsford in manner provided in section eight of said 
chapter one hundred and nineteen, until the debt incurred 
by said loan is extinguished. 

Sectiox 4. This act shall take effect upon its passage. 

Approved March 29, 1910. 



Chap.315 



x'\.x Act to reduce the number of members of the 

BOARD OF HEALTH OP THE CITY OF MEDFORD. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-two of chapter three hun- i903, 345, 
dred and forty-five of the acts of the year nineteen hundred fmended. 
and three is hereby amended by striking out the word 
" four ", in the seventeenth line, and inserting in place 
thereof the word : — three, — so that said line will read as 
follows : — Ninth. A board of health, consisting of three 
persons. 



2U Acts, 1910. — Chaps. 316, 317. 

Board of Sectiox 2. The members of the board of healtli wbose 

health, mem- 
bership, etc. terms will expire in the years nineteen hundred and eleven, 

nineteen hundred and twelve and nineteen hundred and 
thirteen shall constitute the board of health, and shall hold 
office until the expiration of the terms for which they were 
respectively appointed, and until their successors are ap- 
pointed and qualified. 

Sectiox 3. This act shall take effect upon its passage. 

Approved March 29, 1910. 

C7iaj!?.316 An Act relative to wakeaxts of commitment of 

SEXTENCED PERSONS. 

Be it enacted, etc., as follows: 
Name of Evei'v warrant for the commitment of a person sentenced 

crime to be i ■ "^ • i- • • i • i • • in 

set forth in by a district, police or municipal court or trial justice, shall 

warrants of Set forth the Statutory name of the crime of which the per- 

commitment. ^^^ ^^^ convicted, and shall contain a citation of the 

statute, if any, under which the complaint or indictment 

was drawn. Approved March 29, 1910. 



ChapJi^YI Ax Act to establish the fees for attexdixg before 

A POLICE^ DISTRICT OR MUNICIPAL COURT OR TRIAL 
JUSTICE. 

Be it enacted, etc., as follows: 

R. L. 204, Sectiox 1. Section fourteen of chapter two hundred 

amended. and four of the Revised Laws is hereby amended by strik- 

ing out the words " but if a trial is continued upon the 
arraignment without examination no fee upon the day of 
arraignment shall be allowed ", in the fourth, fifth and 
Fee for at- sixth Uiies, SO as to read as follows: — Section IJ/.. The 

tendance upon <■/■ i^i- i j- t t^-i ••! 

certain 166 lor attending before a police, district or municipal 

court or trial justice shall be one dollar a day, upon one 
warrant only, if there are two or more against the same 
defendant at the same time. If the defendant in a crimi- 
nal case is brought in by a summons, the fee for attendance 
shall be the same as that taxed upon a warrant. 

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

Approved March 29, 1910. 



courts. 



Acts, 1910. — Chap. 318. 245 



Ai\' Act to extend the time for the removal of (JJiap^^lQ 

OVERHEAD WIRES IX THE CITY OF PITTSFIELD. 

Be it enacted, etc., as folloics: 

Section 1. Section two of chapter one hundred and J^2*! amended, 
thirty-one of the acts of the year nineteen hundred and six 
is hereby amended by striking out the words " nineteen 
hundred and eleven ", in the sixth and seventh lines, and 
inserting in place thereof the words : — nineteen hundred 
and sixteen. 

Section 2. Section three of said chapter one hundred §^3°®^mended. 
and thirty-one is hereby amended by striking out the 
words '" Xorth Pearl street between the location of the 
Boston and Albany Railroad Company and Maplewood 
avenue ", in the ninth, tenth and eleventh lines, by strik- 
ing out the words ^' Melville street, between North Pearl 
and North streets; Summer street, between North street 
and Francis avenue ; Francis avenue, between Summer 
street and Columbus avenue ", in the twelfth, thirteenth, 
fourteenth and fifteenth lines, and by striking out the 
words '' ]\[aplewood avenue ", in the sixteenth line, and in- 
serting in place thereof the words : — the location of the 
Boston and Albany Railroad Company, — so as to read as 
follows : — Section 3. All wires, cables and conductors, Removal of 
and all poles and other structures used for the support of wires in cer- 
the same, except such as are hereinafter excepted, shall ^^m streets, 
prior to the first day of January, nineteen hundred and 
eleven, and wdthin the limit of expenditure prescribed in 
this section, be removed from or placed underground 
within the following streets in said city, within the bound- 
aries of the district specified in the preceding section : — 
Pearl street, between Cottage row and Fenn street ; Fenu 
street, between Pearl and North streets ; Allen avenue ; 
Depot street ; and North street, between West street and 
the location of the Boston and Albany Railroad Company : 
provided, however, that no person or corporation shall be Proviso. 
required to do work under the provisions of this section in- 
volving the expenditure of more than twenty thousand dol- 
lars. Approved March 29, 1910. 



246 



Acts, 1910. — Chaps. 319, 320. 



(7A«/?.319 Ax Act relative to bonds to be given by city and 

TOWN CLERKS ON ACCOUNT OF FEES FOR DOG LICENSES 
AND hunters" CERTIFICATES. 



R. L. 102, 
§ 134, 
amended. 



Bonds of 
city and 
town clerks. 



Time of 
taking effect. 



Be it enacted, etc., as follows: 

Section 1. Section one hundred and thirty-four of 
chapter one hundred and two of the Revised Laws is here- 
by amended by striking out all after the word '' licenses ", 
in the fifth line, and inserting in place thereof the words : 

— and hunters' certificates, and for the payment of all fees 
received for dog licenses, less their fees, into their respec- 
tive county treasuries, and for the payment of all fees re- 
ceived for hunters' certificates, less their fees, into the 
treasury of the commonwealth, — so as to read as follows : 

— Section ISJj. City and town clerks, except in the city 
of Boston, shall give bond with sureties to their respective 
cities and towns, which, within ten days after their election 
and qualification, shall be approved by the mayor and alder- 
men or the selectmen, conditioned faithfully to account for 
all fees received for dog licenses and hunters' certificates, 
and for the payment of all fees received for dog licenses, 
less their fees, into their respective county treasuries, and 
for the payment of all fees received for hunters' certifi- 
cates, less their fees, into the treasury of the commonwealth. 

Section 2. This act shall take effect on the first day 
of April in the year nineteen hundred and ten. 

Approved March 29, 1910. 



Chap.S20 An Act to authorize the county of Worcester to re- 
tain CERTAIN SETS OF STANDARD WEIGHTS, MEASURES 
AND BALANCES FURNISHED BY THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section two of chapter three hundred and ten of the 
acts of the year nineteen hundred and nine is hereby 
amended by inserting after the word " treasurers ", in the 
third line, the words : — except those in the county of 
Worcester which may be retained by said county, — so as 
to read as follows : — Section 2. All sets of standard 
weights, measures and balances furnished by the common- 
wealth, and now in the custody of county treasurers, ex- 
cept those in the county of Worcester which may be re- 



1909, 310, 
§ 2, amended. 



Weights, 
measures, 
etc., may be 
sold, etc. 



Acts, 1910. — Chap. 321. 247 

tained by said county, may be sold by the commissioner 
of weights and measures of the commonwealth, and the 
proceeds of such sale, after deducting the necessary ex- 
penses in connection therewith, shall be paid into the 
treasury of the commonwealth. 

Approved March 29, 1910. 



Chap.mi 



Ax Act relative to shade trees on or near the 

BOUNDARIES OF HIGHWAYS. 

Be it enacted, etc., as follows: 

Section twelve of chapter fifty-three of the Revised Laws, r. l. 53, § 12, 
as amended by section two of chapter two hundred and ^ '^■' "^"^^^ 
ninety-six of the acts of the year nineteen hundred and 
eight, is hereby further amended by inserting after the 
word " within ", in the last line but one of said section 
twelve as amended by said section two, the words : — or 
on, — and by adding at the end thereof the words : - — and 
when it appears in any civil j^roceeding under process of 
law where the ownership of or rights in the tree are ma- 
terial to the issue, that from length of time or otherwise, 
the boundaries of the highway cannot be made certain by 
the records or by monuments, and for that reason it is 
doubtful whether the tree was within or without the limits 
of the highway, it shall be taken to have been within the 
limits of the highway until the contrary is shown, — so as 
to read as follows: — Section 12. The tree warden may Tree wardens, 
appoint and remove deput}^ tree wardens. He and they ^^^' 
shall receive such compensation as the town determines or, 
in default thereof, as the selectmen allow. He shall have 
the care and control of all public shade trees in the town, 
except those in public parks or open places under the juris- 
diction of the park commissioners, and of those, if so re- 
quested in writing by the park commissioners, and shall 
enforce all the provisions of law for the preservation of 
such trees. He shall expend all money appropriated for 
the setting out and maintenance of such trees, but no trees 
shall be planted within the limits of a public way without 
the approval of the tree warden, and until a location there- 
for has been obtained from the selectmen, or from the road 
commissioners where authority has been vested in them. 
Regulations for the care and preservation of public shade 
trees made by him, approved by the selectmen and posted 



248 



Acts, 1910. — Chap. 322. 



in two or more public places, imposing fines and forfeitures 
of not more than t^'enty dollars in any one case, shall have 
the force and etfect of town by-laws. All shade trees with- 
in or on the limits of a public way shall be public shade 
trees ; and when it appears in any civil proceeding under 
process of law where the ownership of or rights in the tree 
are material to the issue, that from length of time or other- 
wise, the boundaries of the highway cannot be made certain 
by the records or by monuments, and for that reason it is 
doubtful whether the tree was within or without the limits 
of the highway, it shall be taken to have been within the 
limits of the highway until the contrary is shown. 

Approved March 29, 1910. 



Cliap.?>22 



R. L. 29, § 1. 
paragraph 4, 
amended. 



Facts to be 
recorded in 
records of 
deaths. 



R. L. 29, 
§ 10, 
amended. 



Ax Act relative to the record and return of deaths. 
Be it enacted, etc., as follows: 

Section 1. The fourth paragraph of section one of 
chapter twenty-nine of the Revised Laws is hereby 
amended by inserting after the word " death ", in the sixth 
line of said paragraph, the words: — defined so that it can 
be classified under the international classification of causes 
of death, — so as to read as follows : — In the record of 
deaths, the date of the record, the date of the death, the 
name of the deceased, the sex, the color, the condition 
(whether single, widowed, married or divorced), the sup- 
posed age, the residence, the occupation, the place of 
death, the place of birth, the names and places of birth 
of the parents, the maiden name of the mother, the dis- 
ease or cause of death, defined so that it can be classified 
under the international classification of causes of death, 
the place of burial, the name of the cemetery, if any, and 
if the deceased was a married or divorced woman or a 
widow, her maiden name and the name of her husband. 
The word " residence ", as used in this section, shall be 
held to include the name of the street and the number, if 
any, of the house on the street. 

Section 2. Section ten of said chapter twenty-nine is 
hereby amended by striking out the word *' certificate ", 
in the fourth line, and inserting in place thereof the words : 
— standard certificate of death, — by inserting after the 
word "died", in the sixth line, the words: — defined as 



Acts, 1910. — Chap. 323. 249 

provided in section one of this chapter, where contracted, 
— and by inserting after the word " illness ", in the 
seventh line, the words : — when last seen alive by the phy- 
sician, — so as to read as follows :^ — Section 10. A phy- Physician 
sician shall forthwith, after the death of a person whom ceruficate^ 
he has attended during his last illness, at the request of an 
undertaker or other authorized person or of any member 
of the family of the deceased, furnish for registration a 
standard certificate of death, stating to the best of his 
knowledge and belief the name of the deceased, his sup- 
posed age, the disease of which he died, defined as provided 
in section one of this chapter, where contracted, the dura- 
tion of his last illness, when last seen alive by the physician, 
and the date of his death. A physician who has attended 
at the birth of a child dying immediately thereafter, or 
a physician or midwife who has attended at the birth of a 
child born dead, shall forthwith furnish for registration a 
certificate, stating that to the best of his or her knowledge 
and belief such child either died immediately after birth 
or was born dead. Both the birth and death of such child 
shall be recorded and, if it was born dead, the word " still- 
born ", shall be entered in both the record of birth and 
death. A physician or midwife who neglects or refuses to 
make such certificate or who makes a false statement there- 
in shall forfeit not more than fifty dollars. 

Approved March 29, 1910. 



An Act making appropriations for the soldiers' Ohc(,p.32S 

HOME IN MASSACHUSETTS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth *'°°®- 
from the ordinary revenue, to the Trustees of the Soldiers' soidiers' 

. . Home. 

Home in Massachusetts, for the following purposes, to 
wit : — 

For the payment of certain obligations incurred by the Certain 
said trustees, as authorized by chapter thirty-four of the ° '^'^ '°°^' 
resolves of the present year, the sum of fifty-five thousand 
dollars. 

Toward the maintenance of the said home, as authorized Maintenance 



by chapter thirty-three of the resolves of the present year, 



' the home. 



250 



Acts, 1910. — Chap. 324. 



the sum of ninetj-two thousand dollars, this amount to be 
paid in equal quarterly instalments. 

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

Approved March 29, 1910. 



Brockton 
Drainage 
Loan, Act 
of 1910. 



Chap.S24: ^^^ -^CT TO AUTHORIZE THE CITY OF BROCKTON TO MAKE 
AN ADDITIONAL SURFACE DRAINAGE LOAN. 

Be it enacted, etc., as follows: 

Section 1. In addition to the sums already authorized 
for the purposes stated in chapter three hundred and nine 
of the acts of the year eighteen hundred and eighty-eight, 
the city of Brockton is hereby authorized to issue from 
time to time bonds, notes or scrip to an amount not exceed- 
ing fifty thousand dollars. Such bonds, notes or scrip shall 
be denominated on their face, Brockton Drainage Loan, Act 
of 1910, shall be payable at the expiration of periods not 
exceeding thirty years from the dates of issue, and shall 
bear interest at a rate not exceeding four and one half per 
cent per annum. The city may sell such securities at 
public or private sale, or pledge the same for not less than 
their par value for money borrowed for the purposes of this 
act, upon such terms and conditions as it may deem proper, 
and shall provide for the payment of said indebtedness 
by annual proportionate payments. The sinking fund of 
any loan of the city may be invested therein. 

Section 2. The provisions of chapter twenty-seven of 
the Revised Laws, except as otherwise provided herein, 
shall apply to the indebtedness hereby authorized and to 
the securities issued therefor. J^othing contained in this 
act, or in chapter three hundred and nine of the acts of 
the year eighteen hundred and eighty-eight, or in chapter 
two hundred and twenty-one of the acts of the year eighteen 
hundred and eighty-nine, or in chapter ninety-nine of the 
acts of the year eighteen hundred and ninety, or in chapter 
two hundred and seven of the acts of the year eighteen hun- 
dred and ninety-six, or in chapter two hundred and three 
of the acts of the year nineteen hundred and five, or in any 
other special act authorizing the city of Brockton to borrow 
money or issue bonds for surface drainage purposes, shall 
be deemed to limit the authority of the said city to borrow 
money for the purposes specified in the said acts and to 



Certain 
provisions 
of law to 
apply, etc. 



& 



Acts, 1910. — Chaps. 325, 326. 251 

issue bonds or notes therefor under the provisions of chap- 
ter twenty-seven of the Kevised Laws, or otherwise, in the 
same manner and to the same extent as if the special author- 
ity therefor contained in the said special acts had not been 
granted. 

Section 3. This act shall take effect upon. its passage. 

Approved March 29, 1910. 



An Act to authorize the county of Middlesex to Char).?>2i^ 

BORROW MONEY FOR THE COMPLETION OF THE PROBATE 
COURT HOUSE IN THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county Completion 
of Middlesex may expend a sum not exceeding thirty-five court house at 
thousand dollars for the purpose of completing the unfin- Cambridge, 
ished part of the probate court house at Cambridge and in 
furnishing the same. 

Section 2. To meet the expenses incurred under this The county of 
act the county commissioners may borrow from time to may issue 
time on the credit of said county a sum not exceeding °° ^' ^^'^' 
thirty-five thousand dollars, and may issue the bonds, notes 
or scrip of the county therefor, payable at a date not later 
than the first day of July in the year nineteen hundred and 
twenty, and bearing interest, payable semi-annually, at a 
rate not exceeding four per cent per annum. Said bonds, 
notes or scrip shall be payable in such annual proportion- 
ate i^ayments as will extinguish the same within the time 
prescribed in this act, and they shall not be sold or pledged 
for less than the par value thereof. 

Section 3. This act shall take effect upon its passage. 

Approved March 29, 1910. 

An Act relative to the assignment of rooms in the njidfyt 3^6 
state house. 

Be it enacted, etc., as follows: 

Section 1. The governor, with the advice and consent Assignment 
of the council, may assign the rooms in the state house and in the state 
rooms elsewhere, used by the commonwealth, and may de- °^^^' 
termine the occupancy thereof in such manner as the public 
service may from time to time require : provided, that this Proviso. 



252 Acts, 1910. — Chaps. 327, 328. 

act shall not apply to rooms assigned to or nsed by either 
branch of the general court or any committees or officers 
thereof, except with the consent in writing of the presid- 
ing officer of the branch using such rooms, or to rooms as- 
signed to or used by joint committees of the general court, 
except with the consent in writing of the presiding officers 
of both branches of the general court, nor shall it apply 
to the rooms used by the Grand Army of the Republic of 
the Department of Massachusetts, in accordance with the 
provisions of chapter four hundred and eleven of the acts 
of the year eighteen hundred and ninety-three, except with 
the consent of the commander thereof. 

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

Approved March 29, 1910. 

Clidj)^^ An Act to legalize the sale of catalogues of art 

SOCIETIES ON THE LORD's DAY. 

Be it enacted, etc., as follows: 

tides ma7 Section 1. It shall be lawful to sell on the Lord's day 

be sold on the eatalogucs of pictures and other works of art in exhibitions 

Lord s day. i i i i • ■ • i c i n 

lield by societies organized lor the purpose oi promoting 
education in the fine arts. 

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

Approved March 29, 1910, 

Chap.S28 An Act relative to reporting to insurance compa- 
nies AND OTHER PERSONS INFORMATION OBTAINED IN 
THE INVESTIGATION OF FIKES. 

Be it enacted, etc., as follows: 

S^mvestf^- Section 1. The chief of the district police may report 

tion of fires fo insurancc companies, to owners of property or to other 

to insurance pcrsous interested in the subject-matter of an investigation 

companies, ^^£ ^^^ cause and circumstances of a fire any information in 

his possession, obtained by such investigation, which may 

in his opinion require attention from or by such insurance 

companies, owners of property or other persons. 

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

Approved March 29, 1910. 



Acts, 1910. — Chaps. 329, 330. 253 

Aw Act to rKOviuE fok additional cliobical assist- (J]i(xn'd'2S) 

ANCE FOK 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 of SsffirLe 
Worcester shall be allowed, in addition to the amount now ^'^^^^fj^^'^J^?^ 
allowed by law, a sum not exceeding seven hundred dollars insolvency, 
per annum for clerical assistance actually performed, to be county, 
paid from the treasury of the commonwealth upon the 
certificate of a judge of probate and insolvency for said 
county. Approved March 29, 1910. 

An Act relative to the apportionment of sewer rjhnj) 330 

ASSESSMENTS. 

Be it enacted, etc., as follows: 

Section 1. Section fifteen of chapter forty-nine of the r. l. 49, 
Revised Laws, as amended by section one of chapter one Amended.' 
hundred and seventy-seven of the acts of the year nineteen 
hundred and seven, and by section one of chapter three hun- 
dred and fifty-six of the acts of the year nineteen hun- 
dred and eight, is hereby further amended by inserting 
after the word " request ", in the fourteenth line, the 
words : — and said board may also in its discretion make 
such an apportionment, at any time before proceedings for 
the enforcement of the collection, without said notice to the 
board, — so as to read as follows: — Section 15. If in a Apportion- 
eity or town which accepts the provisions of this section or ^weAssess- 
the corresponding provisions of any act hereafter passed, '^^'^ts, etc. 
or has accepted the corresponding provisions of earlier 
laws, the owner of land therein, within thirty days after 
notice of a sewer assessment thereon, or of any charges 
made for entering or using any public sewer, notifies in 
writing the assessors to apportion the same, they shall ap- 
portion it into such number of equal parts, not exceeding 
ten, as the owner shall in said notice request. Said board 
may also in its discretion, at any time before proceedings 
for the enforcement of the collection, apportion said assess- 
ment into such number of equal parts, not exceeding ten, 
as the owner shall in said notice request ; and said board 
may also in its discretion make such an apportionment, at 



254 



Acts, 1910. — Chap. 331. 



any time before proceedings for the enforcement of the 
collection, without said notice to the board. The iirst year 
the assessors shall add one of said parts to the aimual tax 
on the land, with interest on the principal sum from the 
date of apportionment; and thereafter, so long as any of 
the said parts remains unpaid, they shall add each year one 
of the said parts to the annual tax, with interest on the un- 
paid balance of the principal sum from the date of the last 
annual assessment. 

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

Approved March 29, 1910. 



The United 
States may 
acquire cer- 
tain land 
in the city 
of Boston. 



C^tt/?.331 Ax Act to approve the acquisition by the united 

STATES OF A TRACT OF LAND IN THE CITY OF BOSTON. 

Be it enacted, etc., as folloivs: 

Section 1. The consent of the commonwealth is hereby 
granted to the United States of America to acquire by pur- 
chase or by condemnation lands situated in the city of 
Boston lying on the northerly side of Boston harbor, in 
that part of Boston known as East Boston, containing about 
two acres, to be described in a plan or plans to be approved 
by the harbor and land commissioners, and to be used for 
the purposes of an immigration station, and for other pur- 
poses of the Department of Commerce and Labor of the 
United States Government. 

Section 2. Jurisdiction over the area so to be acquired 
is hereby granted and ceded to the United States : provided, 
always, that the commonwealth shall retain concurrent 
jurisdiction with the United States in and over the area so 
acquired, so far that all civil and criminal processes issuing 
under the authority of the commonwealth may be executed 
on said land and in any buildings now or hereafter thereon, 
in the same manner as if jurisdiction had not been granted 
as aforesaid ; and provided, also, that the exclusive juris- 
diction shall revert to and revest in the commonwealth 
whenever the area so acquired shall cease to be used for 
the purposes mentioned in section one hereof. 

Section 3. The commonwealth hereby cedes to the 
United States of America all tide water lands belonging 
to the commonwealth within the area to be acquired as 
aforesaid, and hereby grants to the United States the exclu- 
sive use and occupation thereof, together with the right to 



Jurisdiction. 
Provisos. 



Exclusive 
use and 
occupation 
ceded, etc. 



Acts, 1910. — Chap. 332. 255 

fill and dredge thereon, and to erect and maintain any and 

all structures thereon: ■provided, liowever, that the same Proviso. 

shall revert to and revest in the commonwealth whenever 

the said lands shall cease to be used for the purposes herein 

set forth. 

Section 4. This act shall be void uidess plans of the Plan to be 
land acquired under the provisions of this act, and approved in the office 
by the harbor and land commissioners, shall be deposited in secreury. 
the office of the secretary of the commonwealth within one 
year after the date of the acquisition. 

Approved March 29, 1910. 



Chap.^m 



An Act relative to the appointment of additional 
assistant probation officers in the municipal 
court of the city of boston. 

Be it enacted, etc., as follows: 

Section 1, Section eighty-one of chapter two hundred f si, etc!' 
and seventeen of the Revised Laws, as amended by chapter amended, 
two hundred and ninety-five of the acts of the year nineteen 
hundred and five, and by chapter three hundred and twenty- 
nine of the acts of the year nineteen hundred and six, and 
by chapter two hundred and sixty-one of the acts of the 
year nineteen hundred and seven, is hereby further 
amended by striking out the word " five ", in the fifth line, 
and inserting in place thereof the word : — eight, — so as 
to read as follows: — Section 81. The superior court may Probation 
appoint probation officers and the justice of each police, appointment, 
district or municipal court and the chief justice of the ^^^' 
municipal court of the city of Boston shall appoint one 
probation officer. Said chief justice may also appoint not 
more than eight male and three female assistant probation 
officers. The justice of the municipal court of the South 
Boston district and the justice of the municipal court of the 
Roxbury district and the justice of the third district court 
of Eastern Middlesex, may also each appoint one female 
assistant probation officer. Each probation officer and 
assistant probation officer so appointed shall hold his office 
during the pleasure of the court which makes the appoint- 
ment. 

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

Approved March 30, 1910. 



256 



Acts, 1910. — Chap. 333. 



1909, 490, 
§ 5, Part I, 
amended. 



Exemption 
from taxation 
of certain 
property, 
etc. 



Chap.'dS'S Ax Act eelative to the exemption from taxation of 

PROPERTY OF VETERANS OF THE CIVIL WAR. 

Be it enacted, etc., as follows: 

Section 1, The fourteenth clause of section five of 
Part I of chapter four hundred and ninety of the acts of 
the year nineteen hundred and nine is hereby amended by 
inserting after the word " estate ", in the eighteenth line, 
the words : — but if the combined estate, including the 
value of such mortgage interest, exceeds the sum of one 
thousand dollars, the amount so exempted shall not be less 
than one thousand dollars, — so as to read as follows : — 

Fourteenth, Soldiers and sailors who served in the mili- 
tary or naval service of the United States in the war of the 
rebellion, and who were honorably discharged therefrom, 
shall be assessed for, but shall be exempt, at their request, 
from the payment of a poll tax, and the property of soldiers 
and sailors who served as aforesaid and were honorably dis- 
charged as aforesaid, but who would not be entitled to 
exemption under the preceding clause, and the property of 
the wives or widows of such soldiers or sailors, shall be 
exempted from taxation to the amount of one thousand dol- 
lars in the case of each person: provided, that the com- 
bined estate, real and personal, of the person so exempted 
and of the husband or wife of such person does not exceed 
in value the sum of five thousand dollars, exclusive of the 
value of the mortgage interest, held by persons other than 
the person to be exempted in such mortgaged real estate 
as may be included in said combined estate ; but if the 
combined estate, including the value of such mortgage in- 
terest, exceeds the sum of one thousand dollars, the amount 
so exempted shall not be less than one thousand dollars ; 
and provided, further, that the combined exemption of such 
a soldier or sailor and his wife shall not exceed one thou- 
sand dollars. If the property taxable in the common- 
wealth of a person entitled to such exemption is taxable 
in more than one city or town, such proportion of the total 
exemption shall be made in each city or town as the value 
of the property taxable in such city or town bears to the 
whole of the property taxable in the commonwealth. The 
widows of soldiers and sailors who served as aforesaid 
and who lost their lives in the war of the rebellion shall 



Provisos. 



Acts, 1910. — Chains. 'SU, 335, 336. 257 

be entitled to such ex(iiii)ti()n as is specified in the preced- 
ing clause. No exemption shall be made under the pro- 
visions of this clause of the i)roperty of a person who is 
not a legal resident of this commonwealth. 

Skc'tiox 2. This act shall take effect upon its passage. 

Approved March 31, 1010. 

An Act kelative to the membership of michael a. Chap.'6'S4: 

MURl'IIY IN THE FIRE DEPARTMENT OF THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Michael A. Murphy, who was at one time Restoration 
a member of the regular fire department of the city of ship in the 
Boston and who is now a member of the fire alarm division partment. 
of the said department may, subject to the approval of the 
fire commissioner, be restored to a place in the regular de- 
partment without undergoing a civil service examination. 

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

Approved April 1, 1910. 

An Act to provide for additional clerical assistance (JJidrt 335 

IN THE office OF THE REGISTER OF PROBATE AND IN- 
SOLVENCY FOR THE COUNTY OF HAMPDEN. 

Be it enacted, etc., as follows: 

Section twenty-nine of chapter one hundred and sixty- r. l. i64, 
four of the Revised Laws, as amended by chapter two hun- Amended.' 
dred and six of the acts of the year nineteen hundred and 
seven, is hereby further amended by striking out the word 
" twelve ", in the eleventh line, and inserting in place there- 
of the word : — seventeen, — so that the part of said sec- 
tion, as amended, relating to the county of Hampden will 
read as follows: — Of Hampden, seventeen hundred dol- County of 

11 n Hiunpden, 

lars, payable by the commonwealth upon the certificate of clerical 
the register, countersigned by the judge of probate and in- 
solvency. Approved April 2, 1910. 

An Act to incorporate the society for the presee- (J]iqj) 336 

VATION of new ENGLAND ANTIQUITIES. 

Be it enacted, etc., as follows: 

Section 1. William Sumner Appleton, Charles The Society 
Knowles Bolton, William C. Endicott, Julius H. Tuttle, Preservation 



258 



Acts, 1910. — Chap. 336. 



of New 
England 
Antiquities, 
incorporated. 



Powers of 
corporation 
in respect 
to holding 
Ijroperty, etc. 



May erect 
and maintain 
tablets, etc. 



Who may 
call first 
meeting. 



Charles M. Grocn, John Albree, Walter Gilmaii Page, 
Elizabeth W. Perkins, Ernest L. Gay, Alice M. Longfellow, 
Edith Greenough Wendell, Ida Louise Farr Miller, Waldo 
Lincohi, Adeline F. Fitz, Henry Lefavour, Worthington 
C. Ford, Mary Lee Ware, Caroline Emmerton, and their 
associates and successors, are hereby made a corporation 
by the name of The Society for the Preservation of New 
England Antiquities. The said corporation is created for 
antiquarian, historical, literary, artistic and monumental 
purposes, and for the purpose of preserving for posterity 
buildings, places and objects of historical and other in- 
terest. The corporation shall have the powers and priv- 
ileges and be subject to the duties and liabilities set forth 
in all general laws now or hereafter in force which are ap- 
plicable to charitable corporations, and are not inconsistent 
herewith. It shall be exempt from taxation to the same 
extent as are literary, benevolent, scientific or charitable 
corporations. 

Section 2. The said corporation shall have power to 
acquire by purchase, lease, gift, devise or bequest real and 
personal property for the purposes aforesaid to the value 
of two hundred and fifty thousand dollars, and to hold, 
dispose of and administer the same in trust or otherwise. 
Xo land acquired by the corporation shall be sold unless 
the sale is authorized by a vote of the corporation passed 
at a meeting duly called for the purpose, and if such land 
is situated in this commonwealth it shall not be sold with- 
out the approval of the judge of the probate court for the 
county in which the land is situated. 

Section 3. The corporation may erect and maintain 
tablets, memorials and monuments to commemorate per- 
sons, places and events, and may acquire and maintain col- 
lections of books, autographs, photographs, medals, coins 
and other objects of historic or public interest. It may 
provide a place or places for the preservation of the same, 
and, in general, it shall have the right to do all acts which, 
in the opinion of the board of trustees hereinafter pro- 
vided for are expedient for the purposes of the corpora- 
tion. 

Section 4. The said William Sumner Appleton, or 
the said Charles Knowles Bolton, may call the first meet- 
ing of the corporation, by mailing a notice thereof, at least 
seven days before the date fixed for the meeting, to each 



Acts, 1910. — Chap. 337. 259 

member of the corporation at his or her address. At the 
first meeting the members of the corporation shall organize 
the same by adopting snch constitution, by-laws, rules and 
regulations, as they shall deem best, for the admission of 
members, the election of officers, the suspending and ex- 
pelling of members and the management and safe keeping 
of the corporation's property, and generally for the con- 
duct of its affairs and the carrying out of the purposes of 
its organization. At the said first meeting there shall be 
elected a board of trustees, and such other officers as the 
by-laws of the corporation shall provide for. 

Section 5. Such principal office as the corporation Location 
may establish shall be within ten miles of the state house, meetings, 
and its annual meetings shall be held in Boston, or within ^^^" 
ten miles of the state house. A majority of the board 
of trustees shall be citizens of Massachusetts. 

Section 6. The corporation may classify its member- Membership, 
ship in different grades, and declare the dues, duties, and 
privileges of each grade. In the choice of members of the 
corporation, no distinction shall be made on account of sex. 
All interest of any member of the corporation in its prop- 
erty shall terminate, and vest, in the corporation, upon 
his ceasing to be a member thereof by death, resignation, 
expulsion, or otherwise. 

Section 7. The corporation shall make no charge to charges for 
the public for admission to any place owned or controlled etc. 
by the corporation, in excess of such reasonable sums as in 
the aggregate may be found necessary to maintain the prop- 
erty there situated. 

Section 8. This act shall take effect upon its passage. 

Approved April 2, 1910. 



An Act relative to the water surPLY for fire r^hfjj^ QQ7 

DISTRICT NUMBER TWO IN THE TOWN OF SOUTH HAD- ' 

LEY. 

Br it enacted, etc., as follows: 

Section 1. Section one of chapter five hundred and g^j^^at^ended. 
twenty-nine of the acts of the year nineteen hundred and 
nine is hereby amended by striking out the words " fire 
district ", in the seventh line, and inserting in place there- 
of the words : — town of South Iladley, — so as to read 



260 



Acts, 1910. — Chap. 337. 



May acquire 
and hold 
certain 
sources of 
water supply. 



Proviso. 



1909, 529, 
§ 7, amended. 



as follows: — Section 1. Fire District Number Two in 
the Town of South lladley, for the purposes designated in 
chapter two hundred and thirty-nine of the acts of the year 
nineteen hundred and nine, may take, or acquire by pur- 
chase or otherwise, and hold the waters of any pond or 
stream or of any ground source of supply by means of 
driven, artesian or other wells within the limits of the said 
town of South Hadley, and the water rights connected with 
any such water sources and may also take, or acquire by 
purchase or otherwise, and hold all lands, rights of way 
and easements necessary for collecting, storing, holding, 
purifying, and preserving the purity of the water, and for 
conveying the same to any part of said (Wstriai: provided, 
however, that no source of water supply and no lands neces- 
sary for preserving the quality of such water shall be ac- 
quired or used without first obtaining the advice and ap- 
proval of the state board of health, and that the location 
of all dams, reservoirs and wells to be used as sources of 
water supply under this act shall be subject to the ap- 
proval of said board. Said district may construct on the 
lands acquired and held under the provisions of this act 
proper dams, reservoirs, standpipes, tanks, buildings, fix- 
tures and other structures, and may make excavations, pro- 
cure and operate machinery and provide such other means 
and appliances and do such other things as may be neces- 
sary for the establishment and maintenance of complete 
and eifective water works ; and for that purpose may con- 
struct 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 Avays, in said town, in such manner as not un- 
necessarily to obstruct the same ; and for the purpose of 
constructing, laying, maintaining, operating and repairing 
such conduits, pipes and other works, and for all proper 
purposes of this act, said district may dig up or raise and 
embank any such lands, highways, or other ways in such 
maimer as to cause the least hindrance to public travel on 
such ways; and all things done upon any such way shall 
be subject to the direction of the selectmen of the town of 
South Hadley. 

Section 2. Section seven of said chapter five hundred 
and twenty-nine is hereby amended by striking out the 



Acts, 1910. — Chap. 3:38. 2G1 

words " Said coniniissioners shall appoint a treasurer of 
the district who may be one of their number, who ", in 
the thirteenth to the fifteenth lines, and inserting in place 
thereof the words : — The treasurer of said fire district 
shall be the treasurer of said board of water commissioners 
and, — and by striking out the word "district", in the 
twenty-second line, and inserting in place thereof the 
words : — board of water commissioners, — so as to read 
as follows : — Section 7. The Fire District Number Two Water com- 
in the Town of South Iladley shall elect by ballot three "erctlon!'''' 
persons to hold office, one until the expiration of three ^^^'^' *''^- 
years, one until the expiration of two years, and one until 
the expiration of one year from the next succeeding annual 
district meeting, to constitute a board of water commis- 
sioners; and at every annual meeting thereafter one such 
commissioner shall be elected by ballot for the term of 
three years. All the authority granted to said district by 
this act and not otherwise specifically provided for shall be 
vested in said board of water commissioners, who shall be 
subject however to such instructions, rules and regulations 
as the district may impose by its vote. The treasurer of 
said fire district shall be the treasurer of said board of 
water commissioners and shall give bonds to the district 
to such an amount and with such sureties as may be ap- 
proved by the commissioners. A majority of the commis- 
sioners shall constitute a quorum for the transaction of 
business. Any vacancy occurring in said board from any vacancies, 
cause may be filled for the remainder of the unexpired 
term by said fire district at any legal meeting called for 
the purpose. Xo money shall be drawn from the treasury 
of said board of water commissioners on account of the 
water works except by a written order of said commis- 
sioners or a majority of them. 

Approved April 2, 1910. 

Ax Act relative to tjie receiving of money for ni.njx QQg 

TRANSMISSION TO FOREIGN COUNTRIES. 

Be it enacted^ etc., as follows: 

Section 1. The provisions of chapter four hundred isos, 428 

, ^ ^ etc., to apply 

and twenty-eight of the acts of the year nineteen hundred tothere- 
and five, and of all acts in amendment thereof and in addi- money for 
tion thereto, relative to the receiving of deposits of money to^foi"ign'°" 

countries, etc. 



262 



Acts, 1910. — Chap. 339. 



Proviso. 



Bank com- 
missioner 
to be notified, 
etc. 



for the purpose of transmitting the same to foreign coun- 
tries shall apply to all persons, partnerships, associations 
or corporations that carry on the business, or make a prac- 
tice, of receiving deposits of money for the purpose of 
transmitting the same or equivalents thereof to foreign 
countries or states: provided, liowever, that this act shall 
not apply to banks or trust companies, nor to express com- 
panies doing an interstate or international business, or to 
persons, partnerships, corporations or associations engaged 
in the banking or brokerage business. 

Section 2. It shall be the duty of police departments 
of cities and towns to notify the bank commissioner of any 
persons, partnerships, associations or corporations in their 
respective cities or towns to which this act applies. 

Approved April 2, 1910. 



R. L. 119. 
§ 12, etc., 
amended. 



C//ayj.339 An Act relative to fraternal beneficiary corpora- 
tions. 

Be it enacted, etc., as follows: 

Section 1. Section twelve of chapter one hundred and 
nineteen of the Revised Laws, as amended by chapter three 
hundred and thirty-two of the acts of the year nineteen hun- 
dred and three, and by chapter four hundred and seven of 
the acts of the year nineteen hundred and nine, is hereby 
further amended by inserting after the word " A ", in the 
first line, the word : — domestic, — so as to read as follows : 
— Section 12. A domestic fraternal beneficiary corpora- 
tion, — or an association which limits its membership to a 
particular fraternal beneficiary corporation, order, class 
or fraternity, or to the employees of towns or cities, the 
commonwealth, or the federal government, or of a des- 
ignated firm, business house or corporation, — or a secret 
fraternity 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 whi(;h pays a death or funeral benefit not 
exceeding two hundred dollars, or disability benefits not ex- 
ceeding ten dollars a week, or an annuity or gratuity con- 
tingent upon length of service not exceeding five hundred 
dollars in any one year, or any or all of said benefits, and 
which is not conducted as a business enterprise or for profit, 



Certain cor- 
porations 
may pay 
death or 
disability 
benefits, etc. 



Acts, 1910. — Chaps. 340, 341. 263 

may transact in this commonwealth such business, without 
otherwise eonformini>' to the })rovisions of this ehaj)ter. An 
association which limits its membership, benefits and busi- 
ness 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 money or other Exemption 
benefit to be paid by such a corporation shall be exempt mem.'etor 
from attachment as provided in section seventeen of this 
chapter. The recording officer of any organization claim- 
ing exemption under this section shall file a certified copy 
of its by-laws with the insurance commissioner whenever 
he shall so require in writing. 

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

Approved April 2, 1910. 

An Act ^making an appropkiation fok operating the (J]ian.^\0 
SOUTH metropolitan system of sewage disposal. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one hundred and Southmet- 

. ~ . - ropolitan 

three thousand two hundred dollars is hereby appropriated, system of 
to be paid out of the South Metropolitan System Main- disposal. 
tenance 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 I^ewton and Waltham, 
and the towns of Brookline, Watertown, Dedham, Hyde 
Park and ]\Iilton, during the fiscal year ending on the 
thirtieth day of November, nineteen hundred and ten. 
Section 2. This act shall take effect upon its passage. 

Approved April 2, 1910. 



Chap.?Al 



An Act MAKiNtf an appropriation for operating the 

METROPOLITAN WATER SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding four hundred and ^ater^"''*'*" 
twenty thousand dollars is hereby appropriated, to be paid system, 
out of the Metropolitan Water Maintenance Fund, for the 
maintenance and operation of the metropolitan water sys- 
tem for the cities and towns in what is known as the metro- 
politan water district, during the fiscal year ending on the 
thirtieth day of November, nineteen hundred and ten. 

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

Approved April 2, 1910. 



264 



Acts, 1910. — Chaps. 312, 343. 



Chap.34:2 Ax Act relative to the purchase of eand by the com- 
monwealth. 

Be it enacted, etc., as folloirs: 

Section twenty-eiglit of chapter six of the Revised Laws 
is hereby amended by adding at the end thereof the words : 
— Whenever the attorney-general shall certify to the an- 
ditor of the commonwealth that the payment of a- snm of 
money is reqnired to complete a purchase of land by the 
commonwealth, the auditor shall certify such amount and 
the governor may draw his warrant therefor, in accordance 
with the provisions of this section. 

Approved April 2, 1910. 



R. L. 6, 
§ 28, 
amended. 

Purchase of 
land by the 
fomiiiou- 
wealth. 



190G, 347, 
§ 1, amended 



Certain 
foreign 
banking 
associations 
not to do 
business 
without per- 
mission, etc. 



C'7i«/>.313 Ax Act to prohibit unauthorized foreign banking 

ASSOCIATIONS OR CORPORATIONS FROM TRANSACTING 
BUSINESS IN MASSACHUSETTS. 

Be it enacted, etc., as folloivs: 

Chapter three hundred and forty-seven of the acts of 
the year nineteen hundred and six is hereby amended by 
striking out section one and inserting in place thereof the 
following: — Section 1. No foreign banking association 
or corporation shall transact business in this commonwealth 
until such association or corporation has received a cer- 
tificate from the board of bank incorj)oration, composed of 
the bank commissioner, the treasurer and receiver general 
and the commissioner of corporations, giving it authority 
to transact business in this commonwealth, which certificate 
the said board is hereby authorized to grant, conditioned 
upon the performance of such requirements as to auditing 
as said board may prescribe. Any foreign banking asso- 
ciation or corporation transacting business in this com- 
monwealth shall become subject to the supervision of the 
bank commissioner, and shall annually, within thirty days 
after the last business day of October, and at other times 
during each year on any past day to be specified by the 
commissioner, make to him in such form as may be pre- 
scribed by him a return, signed and sworn to by the treas- 
urer, or the corresponding officer, of the corporation, show- 
ing accurate! V the condilion thereof at the close of busi- 



Acts, 1910. — Chap. 344. 2(jl 

iiess on said day. The president and a majority of the 
directors shall certify and make oath that the report is cor- 
rect according to their best knowledge and belief. 

Approved April 2, 1910. 



An Act to incorpokate the metiiodist ministers re- 
lief INSURANCE AND TRUST ASSOCIATION. 



ChajJ.SU 



Be it enacted, etc., as follows: 

Section 1. The Methodist Ministers Relief Associa- Methodist 
tion, a corporation duly organized in this commonwealth ReUefin^sur- 
and subject to chapter one hundred and nineteen of the ^rust^As- 
Revised Laws, is hereby reincorporated as the Methodist ?ociation 

. -i-kTCT irri A •• i» 1 incorporated. 

Ministers Reliei Insurance and iriist Association, lor the 
purpose of insuring the lives of Methodist ministers, either 
active or retired, or granting to them endowments or an- 
nuities, with all the powers of a mutual life insurance 
company, and for the further purpose of the care, man- 
agement and disposition of funds now held or which may 
hereafter be contributed or bequeathed for the relief in 
any proper contingency of Methodist ministers, their 
widows, children and dependents, and for defraying the 
expenses of sickness and burial ; with such powders of a 
trust company as may be necessary to carry out these pur- 
poses. The said corporation shall be subject to the pro- 
visions of chapter five hundred and seventy-six of the acts 
of the year nineteen hundred and seven and of any amend- 
ments thereto, so far as the same are applicable. 

Section 2. The surplus funds accruing from the busi- Surplus 
ness of the association as hereby reincorporated, as well as available 
the reserve and special trust funds held by the association purposes!" 
when this act takes effect, shall be equitably and duly 
available and liable for the fulfillment of the present out- 
standing insurance certificates of the association, as well as 
for contracts hereafter made. 

Section 3. For the purpose of duly carrying out the By laws may 
provisions of section one of this act, the association shall ^[^^'^""^ed, 
have authority to change its by-laws, subject to the approval 
of the insurance commissioner, who shall have supervision 
of the management of its trust funds, and shall have au- 
thority to make examinations of its records and accounts, 



266 



Acts, 1910. — Chaps. 345, 846. 



and to require reports relative thereto, to the same extent 
as in the case of domestic life insurance companies. 

Section 4. This act shall take effect upon its passage. 

Approved April 2, 1910. 



Certain re- 
ports on the 
insanity of 
prisoners to 
be submitted 
to court, etc. 



Chaj).S4i5 An Act relative to the removal of insane prisoners 
fro:m the Massachusetts reformatory and the re- 
for:hatory prison for women. 

Be it enacted^ etc., as follows: 

Section 1. The reports on the insanity of prisoners 
in the Massachusetts reformatory, required by section one 
hundred and five of chapter five hundred and four of the 
acts of nineteen hundred and nine, may be submitted to the 
central district court of Middlesex; and that court shall 
have the same authority as the superior court to issue the 
warrant for the commitment of a prisoner in the Massa- 
chusetts reformatory to the Bridgewater state hospital 
which is provided for in said section. The reports re- 
quired by that section in respect to prisoners in the reform- 
atory prison for women may be submitted to the first south- 
ern district court of Middlesex, and that court shall have 
the same authority as the superior court to issue the war- 
rant for the commitment of a prisoner in the reformatory 
prison for women to one of the state hospitals for the in- 
sane which is provided for in said section. 

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

Approved April 5, 1910. 



Chap.S^Q An Act relative to the formation of corporations 

FOR making and SELLING GAS^ STEAM AND HOT WATER. 

Be it enacted, etc., as follows: 

Section 1. Section nine of chapter one hundred and 
ten of the Revised Laws is hereby amended by striking out 
the word " five ", in the eighth line, and inserting in place 
thereof the word : — one, — so as to read as follows : — 
Section 9. For the purpose of making, selling and dis- 
tributing gas for light, or for heating, cooking, chemical 
and mechanical purposes, or for the purpose of generating 
and furnishing steam or hot water for heating, cooking and 
mechanical })ower, or for the purpose of generating and 
furnishing hydrostatic or imeunuitic pressure for mechani- 



R. L. 110, 

§ 9, amended. 



Formation of 
corporations 
for making 
and selling 
gas, etc. 



Acts, 1910. — Chaps. 31:7, 348. 207 

cal power, in any city or town, or for any two or more of 
said purposes, ten or more persons may associate them- 
selves, with a capital of not less than one thousand nor more 
than five hundred thousand dollars. 

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

Approved April 5, 1910. 



ChapMl 



An Act relative to sentences to the reformatory 

PRISON FOR women. 

Be it enacted, etc., as follows: 

Whoever is sentenced to the reformatory prison for Sentences 
women for larceny or any felony may be held therein for formltory 
not more than five years, unless she is sentenced for a womenf"*^ 
longer term, in which case she may be held therein for 
such longer term. Whoever is sentenced to said prison for 
any other offence may be held therein for not more than 
two years. Approved April 5, 1910. 

An Act to adjust the salaries in the departments njiQr^ Q^g 
OF the adjutant general and quartermaster gen- 
eral of the militia. 

Be it enacted, etc., as follows: 

Section 1. Section fourteen of chapter six hundred ^^^^^' ^*'*> 
and four of the acts of the year nineteen hundred and eight amended. 
is hereby amended by inserting after the word " year ", in 
the second line, the following: — The assistant adjutant 
general (rank of lieutenant colonel), adjutant general's 
department, shall receive a salary of eighteen hundred dol- 
lars a year, — by striking out the word " and ", in the sec- 
ond line, and inserting in place thereof the words : — The 
adjutant general, — by inserting after the word " thou- 
sand ", in the last line, the words : — six hundred and 
forty, — and by adding after the word " year ", at the end 
of said section, the words : — two hundred and forty dol- 
lars of which shall be paid for clerical services for the naval 
bureau, — so as to read as follows : — Section IJf. The Salaries of 
adjutant general shall receive a salary of thirty-six hun- general, 
dred dollars a year. The assistant adjutant general (rank '^^^'^'^^''■ 
of lieutenant colonel), adjutant general's department, shall 
receive a salary of eighteen hundred dollars a year. The 
adjutant general may employ four clerks, one at a salary 



268 Acts, 1910. — Chap. 348. 



of twenty-two liiindred dollars a year, one at a salary of 
two thousand dollars a year, one at a salary of sixteen hun- 
dred dollars a year, and one at a salary of twelve hundred 
dollars a year, and a messenger at a salary of eight hundred 
dollars a year. lie may employ such additional clerks and 
other assistants as may be necessary in his department, at 
an expense in all not exceeding six thousand six hundred 
and forty dollars a year, two hundred and forty dollars of 
which shall be paid for clerical services for the naval 
bureau. 
1908, 604, Section 2. Section thirty-nine of said chapter is here- 

amended, by amended by inserting at the beginning thereof, before 
the word '* The ", the following: — The quartermaster 
general shall receive a compensation not exceeding twelve 
hundred dollars a year. The deputy quartermaster gen- 
eral shall receive compensation not exceeding eight hundred 
dollars a year, to be paid out of the appropriation for main- 
tenance of armories of the first class, — by striking out the 
words " the transportation of the militia ", in the fifty- 
seventh and fifty-eighth lines, and inserting in place thereof 
the words : — maintenance of armories of the first class, — 
by striking out the word " twelve ", in the fifty-ninth line, 
and inserting in place thereof the word : — fifteen, — and 
by striking out the word " twenty-three ", in the last line, 
and inserting in place thereof the word : — twenty-four, — 
Quartermaster SO as to read as follows : — Scction 39. The quarter- 
eompe'nsa- mastcr general shall receive a compensation not exceeding 
tion, etc. twelve hundred dollars a year. The deputy quartermaster 

general shall receive compensation not exceeding eight hun- 
dred dollars a year, to be paid out of the appropriation for 
maintenance of armories of the first class. The quarter- 
master general shall give bond to the commonwealth in the 
penal sum of twenty thousand dollars, with two sureties at 
least, to be ap})roved by the governor and council, con- 
ditioned faithfully to perform the duties of his office, to use 
all necessary diligence and care in the safe keeping of mili- 
tary stores and property of the connnonwealth committed 
to his custody, and to account for and deliver over to his 
successor or to any other person authorized to receive the 
same, such stores and property. The commander-in-chief 
may require the duties im]v>sed U])on the quartermaster 
general to be ])erf<»rmed by any member of that department, 
who shall in that cas(> give bond to the commonwealth in 



Acts, 1910. — Ciiap. US. 269 

like iiiaiiiicr as is required of (he (juai'leniiasicr i^eneral. 
The (|iiarteruiaster general, lUKler the orders of the eoiii- Carpand 
maiider-iii-ehief, shall have the care and eoiiti'ol of the U-ulframp " 
state camp ground and all other land held for military pur- s'"""n<i- etc 
poses, of all state arsenals and magazines, of the soldiers' 
burial lot and monument at Dedham, and of all military 
])roperty of the connnon wealth except sucli as is by law 
expressly intrusted to the keeping of other officers. He issue of 
shall i^urchase or draw by requisition from the United ^'^™^' 
States and shall issue all arms, ammunition, clothing, 
camp equipage and military supplies and stores of every 
descrijition, except surgical instruments and medical sup- 
plies. He shall procure and provide means of transport 
for the militia and for all its implements, munitions of war 
and military supplies ; such transportation to be in kind 
whenever practicable. He may receive in the storehouse at 
the state camp grouud, from the several militia organiza- 
tions, such articles of personal property used for military 
camping purposes as can be kept therein, which articles 
shall be received and delivered at the expense of the owners 
and held at their risk. He shall, at the public expense, pro- 
vide suitable places for the safe keeping of all munitions of 
war, intrenching tools and all other implements of war. 
Such tools and implements shall be designated as the 
property of the commonwealth by suitable permanent 
brands or marks on each of them. He may allow an- 
nually proj^er accounts for the repairs of uniforms and • 
equipments. He shall adjust all accounts relating to loans Adjustment 
of state military property to cities and towais, institutions eta*^*'°"° ^' 
and schools, and shall require annual returns of sucli 
property and of its condition, at such times and in such 
manner as he may direct, and may at any time, under the 
direction of the commander-in-chief, recover the whole 
or any part of such property as he may deem best for the 
commonwealth. He may employ the following clerical as- 
sistants : one superintendent of armories, w' ith a salary of 
eighteen hundred dollars per annum ; two clerks, with 
salaries of eighteen hundred dollars and twelve hundred 
dollars per annum, respectively ; one stenographer, with a 
salary of nine hundred dollars per annum. The actual 
transportation expenses of the superintendent of armories, 
in visiting the various armories of the state, under the di- 
rection of the quartermaster general, shall be paid from 



270 



Acts, 1910. — Chap. 349. 



Clerks and 
other as- 
sistants. 



the ajipropriatioii for iiiaiiiteiuuice of armories of the first 
chiss. The superiiiteiKlcnt of the arsenal shall receive fif- 
teen hundred dollars a year, and shall be in the quarter- 
master general's department, as a clerk in addition to the 
clerks above named. The quartermaster general may em- 
ploy such additional clerks and other assistants as nuiy be 
necessary in his department, at an expense not exceeding 
twenty-four hundred dollars a year. 

Section 3. This act shall take effect upon its passage. 

Approved April 5, 1910. 



Construction, 
etc., of 
buildings 
in the city 
of Spring- 
field, etc. 



Chajy.SiQ An Act relative to the construction, alteration, 

REPAIR, MAINTENANCE AND USE OF BUILDINGS IN THE 
CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. The city council of the city of Springfield 
may establish for that city a building department, which 
shall be under the supervision of a commissioner, who shall 
be appointed by the mayor, and may be removed for cause 
by him. The said commissioner shall be inspector of 
buildings under chapter one hundred and four of the Ke- 
vised Laws. The city council may prescribe by ordinance 
his qualifications, duties, term of office and compensation, 
and may regulate all other matters incident or relating to 
his office, and may also create the office of deputy commis- 
sioner and may regulate all matters in relation thereto. 
The said city council may by ordinance prescribe the num- 
ber and kind of offices and the number of clerks and 
emplo^'ees to be used or employed by or under the said 
building department, and all matters incident or relating 
thereto, except as is otherwise provided herein. 

Section 2. The city council may as a part of said 
building department create a board of appeal, consisting 
of not more than five nor less than three members, to be 
appointed by the mayor and confirmed by the board of 
aldermen. The said board of appeal shall have power to 
review the acts and decisions of the commissioner of said 
department, and to annul, modify or confirm the same. 
The city council may prescribe by ordinance the qualifica- 
tions, terms of office and compensation of the members of 
said board, the matters to be considered by the board and 
the procedure before the same, and all other matters rela- 



Board of 
appeal, etc. 



AuT8, 1910. — Chap. 319. 271 

tivc thereto not licreiii !?})e(*iti('ally ])r()vi(led for. The provi- 
sions of section nine of chapter two hundred and ten of the 
Ilevised Laws shall not iipply to members of the said board 
of appeal. 

Skctio]^ 3. The city council, in providing for said tion^et'c'"ot 
buildinc; de])artment, may by ordinance prescribe and rei;- ['uii'iings to 
ulate the height, location and character of construction, al- by ordinance, 
teration and repair of buildings within any or all parts 
of the city, may create districts therein with regulations 
applicable to each district, may determine the proceedings 
to be taken with relation to the issue of permits for such 
construction, alteration and repair, may jjrescribe and reg- 
ulate the means of ingress and egress of the said build- 
ings, the devices and precautions for safety to be used in 
the construction, alteration and repair of the same and the 
powers and duties of said commissioner in relation to the 
aforesaid matters and to all other matters affecting said 
building department. 

Section 4. The said city may provide by ordinance inspection, 
that the inspection and supervision of plumbing and wiring plumbing, 
shall be under the supervision and control of the building 
department. 

Sectiox 5. Excej^t in cases in which other provisions Penalties, 
are made by the statutes the said city may prescribe penal- 
ties not exceeding one hundred dollars for every violation 
of the said ordinances. 

Section 6. Any building or structure which is erected, fject*ed fn 
or the erection of which is begun in violation of any or- '^ioi.ation of 

9. c -i T ordinance to 

dinance passed under the provisions of the preceding sec- be a common 

.. 1111 • 1 1 1,11 nuisance, etc. 

tions sliali be a common nuisance and may be abated by 
order of the commissioner in the same manner in which the 
board of health may remove nuisances under the provisions 
of sections sixty-seven, sixty-eight and sixty-nine of chapter 
se\'enty-five of the Revised Laws. 

Section 7. The police court of the city of Springfield o"p'ro^Jecu-'' 
shall have jurisdiction of prosecutions and proceedings at tio^is. 
law under the provisions of this act, concurrently with the 
superior court. 

Section 8. The provisions of this act shall not be held l^'^^J^ ^^^ 
to deprive the board of health of the city of Springfield health, etc. 
or other municipal officers of said city of any power or au- 
thority which they have at the date of the passage of this 
act, or the remedies for the enforcement of the orders of 



272 



Acts, 1910. — Chap. 350. 



Powers of 
the district 
police. 



Time of 
taking effect. 



said board or officers, nor to repeal any of the ordinances 
of said citj, unless such powers, authorities, remedies or 
ordinances are inconsistent herewith. 

Section 9. Nothing herein contained shall impair or 
limit the powers and duties conferred and im})()sed by law 
ujjon the district police, nor apply to buildings or structures 
owned or occupied by the United States of America or by 
the commonwealth of Massachusetts, or to bridges, quays 
or wharves. 

Section 10. This act shall take effect upon its passage, 
but shall not be construed to require the city council to act 
under any or all of the foregoing sections. 

Approved A2}ril G, 1910. 



1909, 514, 
§ 112, 

amended. 



Chap.^30 Ax Act kelative to the payment of wages to dis- 
charged EMPLOYEES. 

Be it enacted, etc., as follows: 

Section one hundred and twelve of chapter five hun- 
dred and fourteen of the acts of the year nineteen hundnd 
and nine is hereby amended by striking out the words " or 
being discharged from such employment ", in the thirteenth 
line, and by inserting after the words " pay day ", in the 
fourteenth line, the words : — and any employee dis- 
charged from such employment shall be paid in full on the 
day of his discharge, or in the city of Boston as soon as the 
provisions of law requiring pay rolls, bills and accounts to 
be certified shall have been complied with, ■ — so as to read 
as follows: — Section 112. Every manufacturing, min- 
ing, or quarrying, mercantile, railroad, street railway, tele- 
graph or telephone corporation, every incorporated express 
company or water company, and every contractor, person or 
partnershi]) engaged in any manufacturing l)usiness, in any 
of the building trades, in quarries or mines, upon public 
works or in the construction or repair of railroads, street 
railways, roads, bridges or sewers, or of gas, water or 
electric light works, pipes or lines, shall pay weekly each 
employee engaged in his or its business the wages earned 
by him to within six days of the date of said payment, but 
any employee leaving his or her employment, shall be paid 
in fnll on the following regular pay day; and any em- 
ployee discharged from such employment shall be paid in 
full on the day of his discharge, or in the city of Boston 



Weekly pay- 
ment of 
wages, etc. 



Acts, 1910. — Chap. 1351. 27:3 

as soon as the provisions of law roqniring pay rolls, bills Weckiy 
and accounts to be certitied shall have been complied with; wag"s,"ctc. 
and the commonwe'alth, its officers, boards and commissions 
shall so pay every mechanic, workman and laborer who is 
employed by it or them, and every person employed by it 
or them in any penal or charitable institution, aud every 
county and city shall so pay every employee who is engaged 
in its business the wages or salary earned by him, unless 
^uch mechanic, workman, laborer or employee requests in 
writing to be paid in a different manner ; and every town 
shall so pay each employee in its business if so required by 
him ; but an employee who is absent from his regular place 
of labor at a time fixed for payment shall be paid thereafter 
on demand. The provisions of this section shall not apply 
to an employee of a co-operative corporation or association 
if he is a stockholder therein unless he requests such 
corporation to pay him weekly. The board of railroad com- 
missioners, after a hearing, may exempt any railroad cor- 
jioration from paying weekly any of its employees if it ap- 
pears to the board that such employees prefer less frequent 
payments, and that their interests and the interests of the 
public will not suft'er thereby. No corporation, contractor, 
person or partnership shall by a special contract with an 
employee or by any -other means exempt himself or itself 
from the provisions of this and the following section. 
Whoever violates the provisions of this section shall be pun- 
ished by a fine of not less than ten nor more than fifty dol- 
lars. Approved April 6, 1910. 

An Act to rROviDE for the dispositiox of the money /^t,^.,, Q^ri 

TO BE PAID BY THE BOSTON ELEVATED RAILWAY COMPANY ^ ' 

TO THE CITY OF CAMBRIDGE FOR ITS SHARE OF THE CAM- 
BRIDGE BRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The city of Cambridge shall deliver into Disposition 
the custody of the board of sinking fund commissioners of mo'irey"r" 
that city the money to be received from the Boston Elevated ceived on 

•J ii _ account of tne 

Railway Company under the award of the commissioners construction 
appointed under the provisions of section ten of chapter bridge bridge, 
four hundred and sixty-seven of the acts of the year 
eighteen hundred and ninety-eight. The board of sink- 
ing fund commissioners shall invest said money in such 



27i 



Acts, 1910. — Chap. 352. 



manner as it deems best during the life of the Cambridge 
Bridge Loan and shall apply the income of said money 
toward the annual interest and sinking fund requirements 
of the said loan, and the principal of said money toward 
the payment of said loan when it becomes due, and shall 
deduct said income from the annual levy of the city for in- 
terest and sinking fund requirements. 

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

Approved April 6, 1910. 



1907, 551, 
§ 1, amended. 



Improvrment 
of the river 
front of the 
city of Spring- 
field, etc. 



Ckap.352 An Act relative to the i.mprovement of tile uiveu 

FRONT OF THE CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter five hundred and 
fifty-one of the acts of the year nineteen hundred and 
seven is hereby amended by adding at the end thereof the 
words : — The word '' expenses " shall be construed to in- 
clude the expenses incurred by the commission for such 
engineering and other expert services as it shall deem 
necessary to enable it to discharge its duties under this act, 
— so as to read as follows :^ — Section 1. Upon petition 
by the mayor and aldermen of the city of Springfield to 
the superior court for the county of Hampden, a commis- 
sion which shall consist of the members of the board of 
railroad commissioners may be appointed by said court. 
Said commission shall receive compensation other than 
their official salary. The compensation and expenses of 
the commission, in so far as they relate to the abolition of 
grade crossings, shall be paid and apportioned under the 
])rovisions of sections thirty-two and thirty-four of Part I 
of chapter four hundred and sixty-three of the acts of the 
year nineteen hundred and six. In so far as they relate 
to matters other than the abolition of grade crossings, after 
having been approved by a justice of the superior court, 
they shall be paid and apportioned as said commissioners 
may determine by and among the city of Springfield, the 
New York, New ITaven and Hartford Railroad Company, 
the Xew York Central and Hudson River Railroad Com- 
pany and the Boston and Albany Railroad Company. The 
commission shall return its decision of all the matters re- 
ferred to it under the jirovisions of this act to the superior 
court iov the county of Hampden, the decree of which court 



Acts, 1910. — Chap. 35:3. 27/ 

confirming' such decision shall be final and binding. But 
no further action shall be taken under this act after said 
decision is returned to the court, unless within two years 
thereafter the board of park commissioners of the city of 
Springfield have made on behalf of the city a binding con- 
tract for the purchase of, or have acquired, as provided in 
section eight of this act, a substantial part of the location 
of the Xew York, New Haven and Hartford Ivailroad Com- 
pany which lies within the limits stated in section eight. 
The word '' expenses " shall be construed to include the 
expenses incurred by the commission for such engineering 
and other expert ser^dces as it shall deem necessary to 
enable it to discharge its duties under this act. 

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

Approved April 6, 1910. 



Chap.353 



An Act to authorize any corporation incorporated 
by special act prior to february twenty-third^ 
eighteen hundred and thirty^ to adopt the busi- 
ness corporation law. 

Be it enacted, etc., as follows: 

Section 1. Any corporation chartered before the twen- certain 
ty-third day of February in the year eighteen hundred and ^ay adopt"^ 
thirty, which does not have an agreement of association or the provisions 

. •' ' . . o _ of the Busi- 

articles of organization, may, at a legal meeting of the ness Corpora- 
stockholders duly called for the purpose, by the vote of etc. 
two thirds of all its stock, or, if two or more classes of stock 
have been issued, of two thirds of each class of stock out- 
standing and entitled to vote, adopt the provisions of chap- 
ter four hundred and thirty-seven of the acts of the year 
nineteen hundred and three, commonly known as '' The 
Business Corporation Law ", and the acts in addition there- 
to and in amendment thereof. A copy of such vote signed 
and sworn to by the president, treasurer and a majority 
of the directors, shall be filed in the office of the commis- 
sioner of corporations, and a like copy shall be filed in 
the office of the secretary of the commonwealth, who, upon 
payment of the fee therefor, shall cause the same to be 
recorded ; and thereupon such corporation with its mem- 
bers and officers shall be entitled to all the rights, priv- 
ileges and immunities and be subject to all the liabilities, 
duties and restrictions set forth in said chapter four hun- 



276 



Acts, 1910. — Chap. 354. 



drcd and thirty-seven, and of all acts in addition thereto 
and in amendment thereof now or hereafter in force ; and 
no stockholder in such corporation shall be liable for any 
debts of the corporation contracted after the recording of 
the said vote except for the causes and in the manner pro- 
vided by said chapter four hundred and thirty-seven, and 
the acts in addition thereto and in amendment thereof now 
or hereafter in force. 

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

Approved April G, 1910. 



Town of 
Natick Addi- 
tional Water 
Loan, Act of 
1910. 



Cha2).S54: An Act to autiiouize the town of natick to make an 

ADDITIONAL WATEIi LOAN. 

Be it enacted^ etc., as follows: 

Section 1. The town of Natick, for the purpose of ex- 
tending and improving its system of water supply, may 
issue from time to time bonds, notes or scrip to an amount 
not exceeding fifty thousand dollars in addition to the 
amounts heretofore authorized by law to be issued by the 
town for water supply purposes. Such bonds, notes or 
scrip shall bear on their face the words, Town of Natick 
Additional Water Loan, Act of 1910, shall be payable at 
the expiration of periods not exceeding thirty years from 
the dates of issue, shall bear interest payable semi-annually 
at a rate not exceeding four per cent per annum, and shall 
be signed by the treasurer of the town and countersigned by 
the water commissioners. The town may sell such securi- 
ties at public or private sale, or pledge the same for money 
borrowed for the purposes of this act, upon such terms and 
conditions as it may deem proper: provided, that they shall 
not be sold for less than their par value. 

Section 2. The town shall, at the time of authorizing 
said loan, provide for the payment thereof in such annual 
proportionate ])ayinents, 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 prescribed by this 
act ; and when a vote to that effect has been passed a sum 
which, with the incr)me derived from water rates, will be 
sufficient to pay the annual expense of operating its water 
works and the interest as it accrues on the said securities, 
and to make such payments on the principal as may be re- 
quired under the provisions of this act, shall^ without fur- 



Proviso. 



Payment of 
loan. 



Chap.S^o 



Acts, 1910. — Chaps. 355, 350. 277 

ther vote, be assessed by the assessors of the town in each 
year thereafter, in a manner similar to that in which other 
taxes are assessed under the provisions of section thirty- 
seven of chapter twelve of the Revised Laws, until the debt 
incurred by said loan is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved April G, 1910. 

An Act to authorize railroad corporations to op- 
erate THEIR railroads BY ELECTRICITY OR OTHER 
POWER. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and fiftv-seven of i^°?vf^^' 

Part II, 

Part II of chapter four hundred and sixty-three of the acts § is?, 
of the year nineteen hundred and six is hereby amended 
by adding thereto the words : — or by such other power as 
may duly be approved by the board of railroad commis- 
sioners, — so as to read as follows: — Section 157. A Motive 

.... . . power. 

railroad corporation which is subject to the provisions of 
this act may operate its railroad by electricity, or by such 
other power as may duly be approved by the board of rail- 
road commissioners. 

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

Approved April 6, 1910. 

An Act relative to sentences to the Massachusetts rij^^jj. Qr/* 
reformatory. ■' * 

Be it enacted, etc., as follows: 

Section 1. Whoever is sentenced to the Massachusetts sentences 
reformatory for larceny or for any felony may be held sachL'^tts 
therein for not more than five years unless he is sentenced reformatory, 
for a longer term, in which case he may be held therein for 
such longer term. Whoever is committed to said reforma- 
tory as a delinquent child may be held therein for not more 
than two years. 

Section 2. Whoever is sentenced to the Massachusetts Terms of 
reformatory for an offence not included under the terms of ^*^"'''"<=^- 
section one of this act, except drunkenness, may be held 
therein for not more than two years. Whoever is sen- 
tenced to said reformatory for drunkenness may be held 
therein for not more than one year. 

Approved April 7, 1910. 



278 



Acts, 1910. — Chap. 357. 



Chap.357 A^V Act to establish the basis of APrORTIONMENT OF 

STATE A>"D COUNTY TAXES. 



Basis of 
apportionment 
of state and 
county taxes. 



Be it enacted, etc., as follows: 

Sectiox 1. The number of polls, the amount of prop- 
erty and the proportion of every thousand dollars of state 
tax, including polls at one tenth of a mill each, for each 
city and town in the several counties of the commonwealth, 
as contained in the following schedule, are hereby es- 
tablished, and shall constitute a basis for apportionment of 
state and county taxes until another is made and enacted 
by the general court, to wit : — 



Polls, Property and Apportionment of State and ('ou)dy 
Tax of $1. 000. 



BarrlstaUe 
county. 



BARNSTABLE COUNTY. 









Tax of SI, 00(1, 


TOWNS. 


Polk. 


Property. 


including polh 
at one tentb 
of a mill each. 


Barnstable, . 


1,066 


$6,221,967 


$1 52 


Bourne, 




566 


4,395,415 


1 06 


Brewster, 




210 


671,144 


17 


Chatham, 




533 


1,286,607 


35 


Dennis, 




555 


1,347,057 


36 


Eastham, 




143 


450,951 


12 


Falmouth, 




933 


9,563,560 


2 27 


Harwich, 




584 


1,420,245 


38 


Mashpee, 




85 


216,282 


06 


Orleans, 




309 


688,122 


19 


Provincetown, 




1,422 


2,082,066 


62 


Sandwich, 




357 


1,057,182 


28 


Truro, . 




196 


382,488 


11 


Well fleet, 




325 


1,238,537 


31 


Yarmouth, . 




456 


2,410,192 


59 


Totals, . 


7,740 


$33,431,815 


$8 39 



Berkshire 
county. 



Adams, 
Alford, . 
Becket, 



BERKSHIRE COUNTY. 




$1 90 
05 
15 



Acts, 1910. — Chap. 357. 



279 



BERKSHIRE COUNTY — Concluded. 



Berkshire 
county. 









Tax of $1,000. 


TOWNS. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Cheshire, 


458 


$830,342 


$0 23 


Clarksburg, . 




278 


266,381 


09 


Dalton, 




876 


4,610,160 


1 14 


Egremont, 




216 


485,464 


13 


Florida, 




108 


192,832 


05 


Great Barringtoii, 




1,843 


6,270,783 


1 61 


Hancock, 




141 


316,242 


09 


Hinsdale, 




329 


596,959 


17 


Lanesborough, 




256 


529,352 


15 


Lee, 




1,274 


2,192,875 


63 


Lenox, . 




936 


6,335,406 


1 53 


Monterey, 




119 


320,602 


08 


Mount Washington 




25 


92,144 


02 


New Ashford, 




33 


50,251 


01 


New Marlborough, 




298 


719,494 


19 


North Adams, 




5,140 


16,546,648 


4 27 


Otis, . 




148 


278,101 


08 


Peru, 






SO 


140,187 


04 


Pittsfield, 






8,546 


24,474,469 


6 42 


Richmond, 






140 


387,293 


10 


Sandisfield, 






178 


341,085 


10 


Savoy, . 






148 


189,621 


06 


Sheffield, 






474 


1,114,546 


30 


Stockbridge, 






513 


4,502,608 


1 07 


Tyringham, 






98 


268,462 


07 


Washington, 






82 


278,834 


07 


West Stockbridge, 




356 


446,220 


14 


Williamstown, 




993 


3,580,541 


91 


Windsor, 




139 


279,326 


08 


Totals, 






27,290 


$84,520,295 


$21 93 



BRISTOL COUNTY. 



Acushnet, 


316 


$805,519 


$0 21 


Attleborough, 




4,717 


15,186,731 


3 92 


Berldey, 




258 


419,691 


12 


Dartmouth, . 




996 


. 4,249,897 


1 07 


Dighton, 




541 


1,143,556 


31 


Easton, 




1,446 


5,988,598 


1 51 


Fairhaven, 




1,238 


3,509,891 


92 


Fall River, . 




31,080 


95,129,690 


24 73 



Bristol 
county. 



280 



Acts, 1910. — Chap. 357. 



BRISTOL COUNTY — Concluded. 









Tax of $1,000. 


TOWNS. 


Polls. 


Properly. 


including polls 
at one tenth 
of a mill each. 


Freetown, 


394 


S986,314 


?0 26 


Mansfield, 


1,375 


4,092,054 


1 07 


New Bedford, 


23,956 


87,503,240 


-22 28 


North Attleborough, 


2,740 


7,004,337 


1 87 


Norton, 


626 


1,250,409 


35 


Raynham, 


424 


854,541 


24 


Rehoboth, 


497 


871,950 


25 


Seekonk, 


580 


1,283,490 


35 


Somerset, 


728 


1,460,754 


40 


Swansea, 


548 


1,824,445 


47 


Taunton, 


9,521 


25,326,745 


6 71 


Westport, 


826 


1,879,255 


51 


Totals, . 


82,807 


$260,771,197 


$67 55 



County of 

Dukes 

county. 



COUNTY- OF DUKES COUNTY. 



Chilmark, 


119 


$317,406 


$0 OS 


Edgartown, 


359 


1,230,121 


32 


Gay Head, 


46 


30,864 


01 


Gosnold, 


45 


581,341 


14 


Oak Bluffs, . 


295 


1,827,603 


44 


Tisbury, 


349 


1,602,750 


40 


West Tisbury, 


145 


608,682 


15 


Totals, . 


1,358 


$6,198,767 


$1 54 



Essex 
county. 



ESSEX COUNTY. 



Ame.sl)ury, 


2,714 


$6,352,115 


$1 71 


Andover, 






1 ,930 


8,258,227 


2 07 


Beverly, 






5,106 


36,806,035 


8 88 


Boxford, 






182 


1,439,079 


35 


Dan vers. 






2,538 


6,528,501 


1 74 


Essex, . 






475 


1,212,445 


32 


Georgetown, 






535 


1,028,318 


29 


Gloucester, 






7,608 


23,264,233 


6 05 


Groveland, 






616 


1,175,229 


33 


Hamilton, 






475 


4,419,559 


1 05 


Haverhill, 






12,907 


32,577,268 


8 69 



Acts, 1910. — Chap. 357. 



281 



ESSEX COUNTY — Concluded. 



Essex 
county. 









Tax of SI, 000, 


TOWNS. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Ipswich, 


1,182 


$5,150,8.55 


$1 29 


Lawrence, 






21,201 


64,241,0.36 


16 72 


Lynn, . 






27,207 


74,081,912 


19 .56 


Lynnfield, 






240 


800,196 


21 


Manchester, 






801 


16,947,227 


3 93 


Marblehead, 






2,130 


8,165,136 


2 07 


Merrimac, 






564 


1,297,240 


35 


Methuen, 






2,773 


6,675,090 


1 79 


Middleton, 






259 


832,913 


22 


Nahant, 






347 


8,076,496 


1 87 


Newbury, 






392 


1,308,349 


34 


Newburyport, 




4,351 


13,228,615 


3 44 


North Andovcr, 




1,374 


5,211,428 


1 32 


Peabody, 




4,377 


11,110,151 


2 96 


Rockport, 






1,200 


3,348,4,50 


88 


Rowley, 






359 


769,376 


21 


Salem, . 






11,260 


36,023,941 


9 31 


Salisbury, 






460 


890,717 


25 


Saugus, 






1,964 


5,832,570 


1 52 


Swampseott, 






1,504 


11,274,093 


2 71 


Topsfield, 






273 


1,429,710 


35 


Wenham, 






293 


2,787,026 


66 


West Newbury, 




442 


1,130,571 


30 


Totals, 






120,039 


$403,674,107 


$103 74 



FRANKLIN COUNTY. 



Ashfield, 


274 


$651,872 


$0 18 


Bernardston, 






211 


476,784 


13 


Buckland, 






443 


721,143 


21 


Charlemont, 






298 


528,663 


15 


Colrain, 






465 


744,031 


22 


Conway, 






333 


727,813 


20 


Deerfield, 






631 


1,885,442 


49 


Erving, 






343 


1,051,321 


27 


Gill, . 






220 


475,157 


13 


Greenfield, 






3,189 


10,483,859 


2 70 


Hawley, 






109 


167,218 


05 


Heath, 






111 


172,608 


05 


Leverett, 






194 


319,792 


09 


Leyden, 






96 


174,327 


05 



Franklin 
county. 



282 



Acts, 1910. — Chap. 357. 





FRANKLIN COUNTY 


— Concluded. 










Tax of J 1,000, 


TOWNS. 


Polls. 


Property. 


including polk 
at one tenth 
of a mill each. 


Monroe, 


95 


$172,007 


$0 05 


Montague, 






1,826 


4,410,049 


1 18 


New Salem, 






185 


374,674 


10 


Northfield, 






412 


1,415,903 


36 


Orange, 






1,719 


4,085,123 


1 10 


Rowe, . 






175 


195,406 


06 


Shelburne, 






423 


1,310,114 


34 


Shutesbury, 






76 


258,947 


07 


Sunderland, 






315 


506,690 


15 


Warwick, 






120 


437,072 


11 


Wendell, 






145 


261,472 


07 


Whately, 






268 


484,024 


14 


Totals, 






12,676 


$32,491,511 


18 65 



Hampden 
county. 



HAMPDEN COUNTY. 



Agawam, 


894 


$2,011,454 


$0 55 


Bland ford. 




172 


543,592 


14 


Brimfield, 




233 


560,079 


15 


Chester, 




372 


741,616 


21 


Chicopee, 




6,436 


13,925,483 


3 81 


East Longmeadow, 


414 


711,908 


20 


Granville, 


216 


480,338 


13 


Hampden, 


163 


377,961 


10 


Holland, 




43 


98,541 


03 


Holyoke, 




13,617 


50,506,650 


12 84 


Longmeadow, 




270 


1,502,854 


37 


Ludlow, 




1,109 


3,991,012 


1 02 


Monson, 




1,100 


1,962,990 


56 


Montgomery, 




72 


169,074 


05 


Palmer, 




2,285 


4,389,877 


1 23 


Russell, 




237 


743,263 


19 


Southwifk, . 




293 


694,768 


19 


Springfield, . 




23,809 


116,218,874 


28 79 


Tolland, 




51 


198,819 


05 


Wales, . 




123 


291,935 


08 


West Springfield, 




2,250 


7,305,002 


1 88 


Westfield, 




3,826 


9,849,516 


2 62 


Wilbraham, . 




552 


1,215,648 


33 


Totals, . 




58,537 


$218,491,254 


$55 52 



Acts, 1910. — Chap. 357. 



283 



HAMPSHIRE COUNTY. 



Hampshire 
county. 









Tax of $1,000, 


TOWNS. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Amherst, 


1,397 


$3,951,140 


$1 04 


Belchertown, 




566 


939,207 


27 


Chesterfield, . 




162 


319,022 


09 


Cummington, 




180 


338,921 


09 


Kasthampton, 




2,077 


5,975,370 


1 57 


Enfield, 




254 


730,859 


19 


Goshen, 




71 


252,904 


06 


Granby, 




203 


517,006 


14 


Greenwich, . 




126 


255,252 


07 


Hadley, 




590 


1,377,976 


37 


Hatfield, 




539 


1,388,973 


37 


Huntington, . 




419 


638,778 


19 


Middlefield, . 




77 


188,908 


05 


Northampton, 




4,537 


15,006,637 


3 86 


Pelham, 




123 


288,902 


08 


Plainfield, 




110 


178,317 


05 


Prescott, 




105 


187,046 


05 


South Hadley, 




1,209 


3,227,944 


85 


South ami)ton. 




237 


501,659 


14 


Ware, . 




2,358 


5,281,108 


1 44 


Westhampton, 




97 


246,043 


07 


Williamsburg, 




570 


1,030,390 


29 


Worthington, 




161 


355,341 


10 


Totals, . 




16,168 


$43,177,703 


$11 43 



MIDDLESEX COUNTY. 



Acton, .... 


630 


$2,167,930 


$0 56 


Arlington, 




2,787 


12,040,688 


3 02 


Ashby, 




278 


773,888 


20 


Ashland, 




468 


1,210,363 


32 


Ayer, . 




805 


2,116,075 


56 


Bedford, 




299 


1,449,334 


36 


Belmont, 




1,372 


6,854,544 


1 69 


BiUerica, 




822 


2,855,846 


73 


Boxborough, 




95 


268,562 


07 


Burlington, . 




191 


628,898 


16 


Cambridge, . 




25,898 


114,094,902 


28 52 


Carlisle, 




171 


524,114 


14 


Chelmsford, . 




1,300 


4,615,068 


1 18 


Concord, 




1,614 


7,810,410 


1 94 



Middlesex 
county. 



281 



Acts, 1910. — Chap. 357. 



Middlesex 
county. 



MIDDLESEX COUNTY — Concluded. 









Tax of J 1,000, 


TOWNS. 


Polls. 


Property. 


including polls 
at one tenth 








of a mill each. 


Dracut, 


870 


$2,329,492 


$0 62 


Dunstable, . 






114 


383,556 


10 


Everett, 






8,768 


27,342,393 


7 09 


Framingham, 






3,406 


12,041,289 


3 08 


Groton, 






609 


4,283,327 


1 03 


Holliston, 






779 


1,727,538 


47 


Hopkinton, . 






765 


1,616,003 


44 


Hudson, 






2,056 


4,406,495 


1 21 


Lexington, 






1,444 


8,640,266 


2 11 


Lincoln, 






355 


3,520,205 


84 


Littleton, 






388 


1,115,794 


29 


Lowell, 






25,895 


85,175,700 


21 95 


Maiden, 






11,610 


45,004,522 


11 39 


Marlborough, 






4,626 


10,898,089 


2 94 


Maynard, 






2,232 


3,884,701 


1 11 


Medford, 






6,235 


24,264,078 


6 14 


Melrose, 






4,438 


17,063,560 


4 32 


Natick, 






3,127 


8,225,368 


2 18 


Newton, 






10,474 


80,837,081 


19 42 


North Readin 


S, 




271 


731,082 


19 


Pepperell, 






869 


2,316,594 


61 


Reading, 






1,688 


5,742,532 


1 47 


Sherborn, 






299 


1,552,583 


38 


Shirley, 






391 


1,164,290 


30 


Somerville, 






21,067 


65,411,419 


16 97 


Stoneham, 






2,218 


5,182,026 


1 40 


Stow, . 






296 


956,940 


25 


Sudbury, 






330 


1,303,166 


33 


Tewksbury, 






508 


1,341,886 


36 


Town.send, 






*554 


1,332,153 


36 


Tyngsborougl 


'y 




216 


593,866 


16 


Wakefield, 






2,997 


9,671,533 


2 50 


Waltham, 






7,303 


28,563,213 


7 22 


Watertown, 






3,662 


15,479,139 


3 88 


Wayland, 






650 


2,542,454 


64 


Westford, 






690 


2,344,168 


60 


Weston, 






589 


8,748,609 


2 05 


Wilmington, 






512 


1,465,908 


38 


Winchester, 






2,182 


13,826,399 


3 36 


Woburn, 






4,234 


11,638,886 


3 07 


Totals, 






176,453 


$682,078,925 


$172 66 



Acts, 1910. — Chap. 357 



285 



NANTUCKET COUNTY. 



TOWNS. 


Polls. 


Property. 


Tax of $1,000, 
including polls 
at one tenth 
of a mill each. 


Nantucket, . 


817 


$3,473,416 


$0 87 


Totals, . 


817 


$3,473,416 


$0 87 


NORFOLK COUNTY. 



Nantucket 
county. 



Avon, . 

Bellingham, 

Braintree, 

Brookline, 

Canton, 

Cohasset, 

Dedham, 

Dover, . 

Foxlioi'ough, 

Franklin, 

Holbrook, 

Hyde Park, 

Medfield, 

Med way, 

MiUis, . 

Milton, . 

Needham, 

Norfolk, 

Norwood, 

Plainville, 

Quincy, 

Randolph, 

Sharon, 

Stoughton, 

Walpole, 

Wellesley, 

Westwood, 

Weymouth, 

Wrentham, 

Totals, 



577 

412 
1,993 
7,218 
1,264 

735 
2,286 

219 

913 
1,385 

773 
4,088 

512 

775 

330 
1,996 
1,360 

305 
2,287 

405 
9,415 
1,089 

636 
1,943 
1,327 
1,366 

338 
3,377 

454 



49,778 



$979,471 
895,813 
6,477,294 
118,513,924 
4,603,931 
8,425,-307 

14,247,994 
5,738,416 
2,294,432 
3,922,637 
1,615,692 

15,041 ,961 
1,900,642 
1,4.53,664 
1, 107,-323 

30,027,548 

6,143,578 

855,701 

14,510,.576 
794,020 

30,606,390 
2,303,882 
2,824,364 
3,532,469 
4,556,099 

15,322,124 
2,741,179 
8,323,916 
1,233,618 



$310,993,965 



$0 28 

24 

1 67 

27 66 



1 17 

1 99 

3 47 

1 33 

61 

1 03 

44 

3 83 

48 

41 

28 

7 02 

1 53 

22 

3 53 

22 

7 90 

63 

71 

1 00 

1 17 
3 62 

66 

2 23 
33 



Norfolk 
county. 



$75 66 



Abington, 
Bridgewater, . 
Brockton, 



PLYMOUTH COUNTY. 




$2,991,324 

3,469,277 

43,911,145 



$0 84 

92 

11 60 



Plymouth 
county. 



28G 



Acts, 1910. — CiiAr. 357. 



Plymouth 
county. 



PLYMOUTH COUNTY — Concluded. 









Tax of $1,000, 


TOWNS. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Carver, 


286 


$1,530,950 


$0 38 


Duxburv, 


506 


2,308,400 


58 


East Bridgewater, . 


964 


2,303,788 


62 


Halifax, 


147 


542,205 


14 


Hanover, 


647 


1,619,814 


43 


Hanson, 


430 


1,129,912 


30 


Hingham, 


1,160 


0,930,664 


1 69 


Hull, . . . . 


365 


5,605,743 


1 31 


Kingston, 


659 


1,834,323 


48 


Lakeville, 


269 


720,555 


19 


Marion, 


353 


4,777,715 


1 12 


Mar.shfield, . 


490 


2,002,795 


50 


Mattai)oisett. 


278 


1,936,080 


47 


Middleborougli, 


2,151 


5,053,958 


1 36 


Norwell, 


496 


1,090,735 


30 


Pembroke, 


310 


997,428 


26 


Plymouth, 


3,260 


11,596,979 


2 96 


Plympton, 


162 


378,223 


10 


Rochester, 


261 


667,863 


18 


Rockland, 


2,000 


4,234,547 


1 16 


Scituate, 


717 


4,635,042 


1 13 


Wareham, 


1,306 


4,997,052 


1 27 


West Bridgewater, 


607 


1,315,410 


36 


Whitman, 


2,214 


4,938,660 


1 34 


Totals, . 


39,246 


$123,520,587 


$31 99 



Suffolk 
county. 





SUFFOLK COUNTY. 




Boston, 
Chelsea, 
Revere, 
Wiuthrop, 




189,539 
8,182 
4,993 
2,846 


$1,420,981,033 
25,493,242 
15,660,186 
12,219,155 


$341 89 
6 61 
4 06 
3 06 


Totals, . 


205,560 


$1,474,353,616 


$355 62 



Worcester 
county. 



WORCESTER COUNTY. 



Ashburnham, 
Athol, . 
Auburn, 




U ,043,470 
4,795,239 
1,242,674 



$0 29 

1 32 

34 



Acts, liilO. — Chap. 357. 



287 



WORCESTER COUNTY — Continued. 









Tax of $1,000, 


TOWNS. 


Polls. 


Property. 


including poUs 
at one tenth 
of a mill each. 


Barre, . . . . 


856 


551,908,838 


$0 52 


Berlin, . 




245 


502,307 


15 


Blackstono, . 




1,360 


2,271,572 


65 


Bolton, . 




207 


500,181 


13 


Boylston, 




193 


485,022 


13 


Brookfiekl, . 




610 


1,328,678 


36 


Charlton, 




567 


1,307,664 


35 


Clinton, 




3,403 


8,841,229 


2 35 


Dana, . 




190 


403,751 


11 


Douglas, 




052 


1,347,893 


37 


Dudley, 




892 


1,820,724 


50 


Fitchburg, 




9,675 


30,815,118 


7 97 


Gardner, 




3,944 


7,999,254 


2 21 


Grafton, 




1,272 


2,954,956 


80 


Hardwick, 




879 


2,013,791 


55 


Harvard, 




309 


1,353,506 


34 


Holden, 




548 


1,791,207 


46 


Hopedalc, 




725 


6,671,281 


1 59 


Hubbardston, 




338 


702,235 


19 


Lancaster, 




621 


4,778,268 


1 15 


Leicester, 




926 


2,596,652 


68 


Leominster, . 




4,932 


12,836,174 


3 41 


Lunenburg, . 




349 


1,131,246 


29 


Mendon, 




263 


757,307 


20 


Milford, 




3,694 


8,830,094 


2 38 


Millbury, 




1,256 


2,451,189 


68 


New Brain tree. 




147 


408,637 


11 


North Brookfiekl, 




733 


1,707,572 


46 


Northborough, 




523 


1,395,575 


37 


Northbridge, 




2,658 


5,573,724 


1 53 


Oakham, 




163 


382,937 


10 


Oxford, 




862 


2,072,912 


56 


Paxton, 




92 


334,528 


09 


Petersham, . 




210 


949,548 


24 


Phillipston, . 




112 


290,313 


08 


Princeton, 




279 


1,300,734 


32 


Royalston, 




207 


646,519 


17 


Rutland, 




314 


719,110 


19 


Shrewsbury, . 




550 


1,800,536 


46 


Southborough, 




535 


3,016,516 


74 


Southbridge, 




3,576 


6,392,075 


1 81 


Spencer, 




1,969 


4,014,410 


1 11 


Sterling, 




412 


1,151,538 


30 


Sturbridge, . 




548 


1,069,508 


30 


Sutton,. 


702 


1,307,877 


37 



Worcester 
county. 



288 



Acts, 1910. — Chap. 357. 



WORCESTER COUNTY — Concluded. 









Tax of $1,0M, 


TOWNS. 


Tulls. 


Property. 


including pulls 
at one tenth 
i)f a null each. 


Templeton, . 


1,112 


$1,752,055 


$0 51 


Upton, 




554 


1,154,040 


- 32 


Uxbridge, 




1,172 


3,069,637 


81 


Warren, 




1,173 


2,063,147 


59 


Webster, 




2,823 


10,206,433 


2 60 


West Boylsto:i. 




313 


786,860 


21 


West Brookfield, 




400 


964,995 


26 


Westborough, 




1,196 


3,363,258 


88 


Westminster, 




390 


847,667 


23 


Winchendon,. 




1,747 


4,158,306 


1 12 


Worcester, 




39,091 


146,201,068 


37 14 


Totals, . 


106,862 


$324,643,555 


$84 45 



Rocapitu- 
lation. 



RECAPITULATION. 









Tax of $1,000, 


COUNTIES. 


rolls. 


Property. 


including polls 
at one tenth 
of a mill each. 


liarnstable, . 


7,740 


$33,431,815 


$8 39 


lierkshire, 






27,290 


84,520,295 


21 93 


Bristol, . 






82,807 


260,771,197 


67 55 


Dukes, . 






1,358 


6,198,767 


1 54 


Essex, . 






120,039 


403,674,107 


103 74 


Franklin, 






12,676 


32,491,511 


8 65 


Hampden, 






58,537 


218,491,254 


55 52 


Hampshire, 






16,168 


43,177,703 


11 43 


Middlesex, 






176,453 


682,078,925 


172 66 


Nantucket, 






817 


3,473,416 


87 


Norfolk, 






49,778 


310,993,965 


75 66 


Plymouth, 






39,246 


123,520,587 


31 99 


Suffolk, 






205,560 


1,474,353,616 


355 62 


Worcester, 






106,862 


324,643,555 


84 45 


Totals, 




• 


905,331 


$4,001,820,713 


$1,000 00 



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

Approved April 8, 1910. 



insurance 
licies. 



Acts, 1910. — Chaps. 358, 359. 289 



An Act to authorize savixgs banks to make loans on Chap.^5S 

LIFE INSURANCE POLICIES. 

Be it enacted^ etc., as follows: 

Section 1. In addition to the loans authorized by the Savings banks 
eighth clause of section sixty-eight of chapter five hundred i^aL^on Tife 
and ninety of the acts of the year nineteen hundred and p"^J 
eight, savings banks may loan on notes of responsible bor- 
rowers in such form as the bank commissioner may ap- 
prove, with a pledge as collateral of policies issued by life 
insurance companies approved by the bank commissioner 
and properly assigned to the bank, but not exceeding ninety 
per cent of the cash surrender value of the policies assigned 
as security for the payment of any such loan ; but the aggre- 
gate of such loans made by any savings bank shall not ex- 
ceed one per cent of its deposits. 

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

Approved April 8, 1910. 



Chap.359 



An Act relative to appointment and employment in 
the public service in violation of the civil service 

LAW OR rules. 

Be it enacted, etc., as follows: 

Chapter nineteen of the Revised Laws is hereby r. l. i9, § 34, 
amended by striking out section thirty-four and inserting in ^"^^^^ed. 
place thereof the following : — Section SJ^. If, in the opin- Enforcement 
ion of the civil service commission, a person is appointed or servkl rules 
employed in the public service classified under civil service 
rules, in violation of the civil service law, or of the said 
rules, the commission shall, after written notice mailed to 
the appointing or employing ofiicer or officers, and to such 
person, notify in writing the treasurer, auditor or other 
disbursing officer of the commonwealth, city or town, in 
whose service or by which such person is so employed or 
paid ; and the payment of any salary or compensation to 
such person shall be illegal and shall cease at the expiration 
of one week after the mailing of the latter notice, and until 
the legality of such appointment or employment is duly 
established. It shall be unlawful for the treasurer, auditor 
or other disbursing officer of the commonwealth, or of such 
city or town to draw, sign or issue, or to authorize the 



290 Acts, 1910. — Chaps. 360, 361. 

clra"U'ing, signing, or issuing of any warrant, or to make 
payment of any salary or compensation to the j^erson so 
found by the civil service commission to be illegally ap- 
Petition for jDoiutcd or employed. Any person so found by the civil 
mandamus scrvicc comuiission to be illegally appointed or employed 
may be filed, maj file & petition for a writ of mandamus in the superior 
or supreme judicial court to compel the civil service com- 
mission to authorize such appointment, or employment, and 
the payment of compensation or salary therefor, ' At any 
time after the filing of such petition the court, if it is of 
opinion that there is reasonable doubt whether the appoint- 
ment or employment of such person is in violation of the 
civil service law or rules, may order that the compensation 
accruing to such person shall be paid to him until otherwise 
ordered by said court. Approved April 8, 1910. 

Chap.^60 Ax Act relative to the idextificatiox of peisoxers. 

Be a enacted^ etc., as follows: 

of^prlsonerT '^^® prisou commissiouers shall require the officers in 

to be made, charge of statc and county prisons to make descriptions of 
all prisoners committed to their custody for larceny or any 
felony, in accordance with the finger print system of identi- 
fication. The descriptions and finger prints so made shall 
be sent to said commissioners for filing and comparison. 
All finger print impressions made by the police of any 
city or town, or duplicates thereof, shall be sent to the 
prison commissioners to be recorded and kept as provided 
in chapter four hundred and fifty-nine of the acts of the 
year nineteen hundred and five. 

Approved April 8, 1910. 

Ckap.i^Gl Ax Act makixg ax appropriatiox for the preparation 

AXD PUBLICATIOX OF A SUPPLEMENT TO THE REVISED 
LAWS. 

Be it enacted, etc., as follows: 

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

priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the preparation and publi- 
cation of a supplement to the Revised Laws, as provided 
for by chapter two hundred and forty of the acts of the 
year nineteen hundred and eight, to wit : — 



tions. 



Acts, 1910. — Chaps. 362, 363. 291 

For the preparation and i^ublication of the said supple- Preparation 

T ,. 1 1 1 x" i 1 11 1 and publica- 

ment, the sum oi seventeen hundred lourteen dollars and tion of sup- 
ninety-iive cents, the same to be in addition to the five thou- Reused Laws, 
sand dollars appropriated by chapter four hundred and 
nineteen of the acts of the year nineteen hundred and eight. 

For printing and binding the said supplement, the sum Printing and 
of twelve thousand one hundred seventy-seven dollars and 
thirty-six cents. 

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

Approved April S, 1910. 



Cha2^.362 



An Act relative to disability of officeks and heads 

OF departments in the city of NEWTON. 

Be it enacted, etc., as follows: 

Section 1. Whenever in the city of Xewton the chair- Temporary 
man of any board designated by the mayor, or the head of be appointed 
any department established under the charter and ordi- incerTai^n'^ 
nances of the city or by amendments thereof and additions *'*^^^' 
thereto, dies, or becomes from any cause unable to perform 
his duties, and there is need of an immediate incumbent of 
the office, the mayor may appoint the head of another de- 
partment, or some other person, to perform temporarily 
the duties of the office, and may fix the compensation there- 
for ; but no such appointment shall apply to the department 
of the city clerk or to the fire department unless the assist- 
ant city clerk or the assistant chief of the fire department is 
also incapacitated. Every such temporary officer shall be To be 
sworn and shall qualify in the same manner as a like per- 
manent officer. Such temporary officer shall hold office 
until the disability of the permanent officer is removed, or 
until the temporary officer is removed by the mayor. 

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

Approved April 8, 1910. 



sworn, etc. 



An Act to establish the authority of cities over 
trees within the limits of the highway. 

Be it enacted, etc., as follows: 

Section 1. The powers and duties conferred and im- Authority 
posed upon tree wardens in towns by sections twelve and trees 'withl" 
thirteen of chapter fifty-three of the Revised Laws, as JhehSway 
amended by chapter two hundred and ninety-six of the established. 
acts of the year nineteen hundred and eight, are hereby 



Chap.SQ3 



292 Acts, 1910. — Chaps. 364, 365, 366. 

conferred and imposed upon the officials now charged with 
the care of shade trees within the limits of the highway in 
cities, by the charters of the said cities, by other legislative 
enactment, or by ordinances of the said cities, and npon 
snch officials as the city governments shall hereafter desig- 
nate to have charge of said shade trees where it is within 
their powers to transfer such duties, by ordinance or other- 
wise. 
Repeal. Section 2. Scctious six, scveu, eight, nine, ten and 

eleven of chapter fifty-three of the Revised Laws are hereby 
repealed. Approved April 8, 1910. 

Chaj).3Q4: An Act relative to the certification of the annual 

REPORTS OF CO-OPERATIVE BANKS. 

Be it enacted^ etc., as follows: 

annua°?eports Section 1. The president and auditors of every co- 
of co-operative operative bank shall hereafter certify and make oath an- 

banks shall ni ■ ^ ^ • 

be certified. nually that the report required by section thirty of chapter 
one hundred and fourteen of the Revised Laws and of acts 
in amendment thereof is correct, according to their best 
knowledge and belief, and the certificate and oath of five 
or more directors shall not hereafter be required. 

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

Approved April 8, 1910. 

Chap.3Q5 An Act to establish the open season for ruffed 

GROUSE, QUAIL AND WOODCOCK. 

Be it enacted, etc., as folloics: 

fo^'^ruffed"'^ Section 1. The opcu scason for ruffed grouse, quail and 

^™d"w' 0X^*0 'k ■^^'^'^dcock shall begin on the fifteenth day of October and 
established. shall end with the fifteenth day of ISTovember. 
^^P®'''- Section 2. So much of any act as is inconsistent here- 

with is hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved April 8, 1910. 

Chap.S66 An Act relative to the payment or other disposition 
OF THE proceeds of certain insurance policies. 

Be it enacted, etc., as follows: 

§^8o!'etI?' Section 1. Section eighty of chapter five hundred and 

amended. scveuty-six of the acts of the year nineteen hundred and 



Acts, 1910. — Chap. 366. 293 

seven, as amended by chapter one hundred and sixty-six of 
the acts of the year nineteen hundred and eight, is hereby 
further amended by inserting after the word " loans ", in 
the seventeenth line, the words : — provided, that a policy 
whose proceeds are payable in instalments or as an annuity 
may. provide that if either option (b) or (c) becomes 
operative the proceeds of the policy shall be payable in one 
sum, — and by adding at the end of said section the follow- 
ing clause: — The provisions of this section shall not apply 
to annuities, or to policies of pure endowment with or 
without return of premiums, or to survivorship insurance, 
and, in the case of a policy providing for both insurance 
and annuity, shall apply only to that part of the contract 
providing for insurance, but every such contract providing 
for a deferred annuity on the life of the insured only shall, 
unless paid for by a single premium, provide that in the 
event of the non-payment of any premium after three full 
years' premiums shall have been paid, the annuity shall 
automatically become converted into a paid-up annuity for 
such proportion of the original annuity as the number of 
completed years' premiums paid bears to the total num- 
ber of premiums required under the contract, — so as to 
read as follows : — Section 80. After three full annual ?Pji°^^ '° 

CflSG 01 

premiums have been paid on any policy of life or endow- surrender 
ment insurance issued by a domestic insurance company 
after December thirty-first, nineteen hundred and seven, 
the holder thereof, within thirty days after any default 
in the payment of a subsequent premium, may elect, by 
a writing filed with the company at its home office, (a) to 
surrender the policy and, with the written assent of the per- 
son to whom it is made payable, receive its value in cash, or 
(b) take paid-up insurance which shall be participating if 
the policy is on a participating basis, payable at the same 
time and on the same conditions as in the original contract, 
or (c) have the insurance continued in force from the an- 
niversary date last passed for its face amount including 
any outstanding dividend additions and less any indebted- 
ness thereon, or secured thereby, but without the right to 
loans : provided, that a policy whose proceeds are payable Proviso. 
in instalments or as an annuity may provide that if either 
option (b) or (c) becomes operative the proceeds of the 
policy shall be payable in one sum. The cash value shall 
be the reserve on the policy at the end of the last policy 



294 Acts, 1910. — Chap. 366. 

Options in year for which the premium was paid in full, plus a pro- 
surrender portiouate part of the increase in the cash value at the end 
of policy. ^£ ^j^g succeeding year if any instalment not less than a 

quarterly instalment of the premium for that year has been 
paid, and of any dividend additions thereto, computed 
on the mortality and interest assumption upon which the 
company elects to reserve as prescribed by the laws of this 
commonwealth, less a surrender charge of not more than 
five per cent of the present value of the future net pre- 
miums which by its terms the policy is exposed to pay in 
case of its continuance, computed upon the aforesaid mor- 
tality and interest basis, and less any existing indebtedness 
to the company on the policy or secured thereby. The 
company may reserve the right to defer the payment of 
such cash value for not exceeding sixty days after the ap- 
plication therefor is made. The term for which the policy 
will be continued or the amount of the paid-up policy will 
be such as the cash value will purchase as a net single pre- 
mium at attained age of the insured according to the mor- 
tality and interest basis heretofore designated. But in 
case of an endowment policy, if the sum applicable to the 
purchase of temporary insurance shall be more than suffi- 
cient to continue the insurance to the end of the endow- 
ment term named in the policy, the excess shall be used to 
purchase in the same manner non-participating paid-up 
pure endowment, payable at the end of the endowment 
term on the same conditions. 

If the holder shall not within thirty days from default 
surrender the policy to the company for cash as provided in 
option (a) or elect, by a writing filed with the company at 
its home office, to take extended insurance as provided in 
option (c) the insurance will be binding upon the company 
from the date of default without any further stipulation 
or act as provided in option (b). The paid-up or ex- 
tended insurance granted by the terms of the policy shall 
have a cash value which shall be its net value less any in- 
debtedness to the company on account of such policy or se- 
cured thereby, and the holder thereof may, by giving a 
notice of sixty days and furnishing to the company the 
written assent of the person to whom the policy is payable, 
claim aud receive in cash such surrender value at the date 
of the application therefor. 



Acts, 1910. — Chap. 366. 295 

Every such policy which by its own terms has become 
paid-up shall have a cash surrender value which shall be 
its net value, less not more than live per cent of one net 
annual premium on a ten-payment life policy at the age 
of entry of the insured, and less any indebtedness to the 
company on such policy or secured thereby, and the holder 
of any such paid-up policy may surrender the same and 
claim and recover from the company within sixty days of 
the application therefor the surrender value in cash upon 
furnishing the company with the written assent of the per- 
son to whom the policy is payable. 

On policies of prudential or industrial insurance on 
which the premiums are paid weekly and are not more 
than fifty cents each, the surrender value shall in all cases 
be payable in cash, which shall be a legal claim for not more 
than two years from the date of lapse and be payable within 
sixty days after the demand therefor. Within ninety days 
after the lapse of any policy which has a surrender value 
and upon which settlement has not been made, the com- 
pany shall send a notice thereof to the last known address 
of the holder of said policy, which notice shall state the 
amount of the surrender value of said policy. The affida- 
vit of any officer, clerk or agent of the company or any one 
authorized to mail such notice, that the notice required 
herein has been duly mailed by the company, shall be pre- 
sumptive evidence that such notice was duly given. 

The provisions of this section shall not apply to annul- ^"^i^^j^ 
ties, or to policies of pure endowment with or without re- certain cases, 
turn of premiums, or to survivorship insurance, and, in 
the case of a policy providing for both insurance and an- 
nuity, shall apj)ly only to that part of the contract provid- 
ing for insurance, but every such contract providing for a 
deferred annuity on the life of the insured only shall, 
unless paid for by a single premium, provide that in the 
event of the non-payment of any premium after three full 
years' premiums shall have been paid, the annuity shall 
automatically become converted into a paid-up annuity for 
such proportion of the original annuity as the number of 
completed years' premiums paid bears to the total num- 
ber of premiums required under the contract. 

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

Approved April 8, 1910. 



296 



Acts, 1910. — Chaps. 367, 368, 369. 



R. L. 212, 
§ 23. 
amended. 



Penalty for 
giving, etc., 
immoral en- 
tertainments. 



Chap/dQl Ax Act relative to immoral entertainments. 

Be it enacted^ etc., as follows: 

Chapter two hundred and twelve of the Eevised Laws 
is hereby amended by striking out section twenty-three 
and inserting in place thereof the following section : — 
Section 23. Whoever, as owner, manager, director, agent 
or in any other capacity prepares, advertises, gives, pre- 
sents or participates in any lewd, obscene, indecent, im- 
moral or impure show or entertainment, or in any show 
or entertainment suggestive of lewdness, obscenity, in- 
decency, immorality or impurity, or in any show or enter- 
tainment manifestly tending to corrupt the morals of 
youth, shall be punished by imprisonment for not more 
than one year, or by a fine of not more than five hundred 
dollars, or by both such fine and imprisonment. 

Approved April 8, 1910. 



Chaj^.ooS An Act makincj an appropriation for band concerts 

IN THE METROPOLITAN PARK RESERVATIONS. 



Appropria- 
tion for 
band concerts 
in the metro- 
politan park 
reservations. 



Be it enacted J etc., as follows: 

Section 1. A sum not exceeding twenty-five thousand 
dollars is hereby appropriated, to be expended during the 
present fiscal year out of the Metropolitan Parks Main- 
tenance Fund, to enable the metropolitan park commis- 
sion to provide band concerts in such parks and parkways 
or in such other lands under its control as it may select 
and at such times as it may deem expedient. 

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

Approved April 8, 1910. 



Chajj.3(ji) An Act relative to the salaries of the district at- 
torneys in certain districts. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
fifty-seven of the acts of the year nineteen hundred and 
five is hereby amended by striking out the words ^' three 
thousand ", in Class C, and inserting in place thereof the 
words: — four thousand, — so that said Class C, as 
amended, will read as follows : — 



1905, 1.57, 
§ 1, amended. 



Acts, 1910. — Chaps. 370, 371. 297 

Class C. Districts (except the Sufi'olk district) having Salaries of 
a population of five hundred thousand or more, to wit, the torn'e'ysL 
northern district; salary: — four thousand dollars. d^str/c'ts es- 

Section 2. The salary hereby established shall be so taW's^^ed. 

-,„ 1,1 icx" • l^ • x_ To be allowed 

allov7ed from the first day oi January m the year nineteen from Jan. i, 

*^ 1910 

hundred and ten. 

Section 3. This act shall take effect upon its passage. 

Approved April 8, 1910. 



An Act relative to deposits of money in the courts (Jhap.SlO 

OF THE county OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. Money paid into the courts for the county Money paid 
of Suffolk shall be placed at interest by the clerks thereof, of the county 
and the interest shall be available for the uses of the county, ^e pia^eH'at* 
unless the court directs it to be paid to one of the parties to interest, etc 
the litigation in connection with which such money has 
been paid into court. All interest now or hereafter in the 
custody of any clerk of the said courts, after payment, by 
order of the court, of the principal fund to the party liti- 
gant held to be entitled thereto, shall on the thirty-first day 
of January in each year be turned over to the collector of 
the city of Boston, to be used for general county purposes. 

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

Approved April 8, 1910. 



An Act making appropriations for the care and ni^f^.^ Q71 
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 appro- Appropria- 
priated, to meet the expenses of the care and maintenance *'°°^" 
of boulevards and parkways in charge of the metropolitan 
park commission, during the fiscal year ending on the 
thirtieth day of November, nineteen hundred and ten, one 
half of the amounts to be paid out of the current revenue, 
and the other half to be assessed upon the metropolitan dis- 
trict, as authorized by chapter four hundred and nineteen 
of the acts of the year eighteen hundred and ninety-one, to 
wit: — 



298 



Acts, 1910. — CuArs. 372, 373. 



Care and 

maintenance 
of boulevards. 



Blue Hills 
parkway. 

Mystic Valley 
parkway. 

Middlesex 
Pells parkway. 



For the care and maintenance of boulevards, a sum not 
exceeding one hundred seventy-four thousand five hundred 
and seven dollars. 

For resurfacing traffic roads in the Blue Hills parkway, 
a sum not exceeding five thousand dollars. 

For resurfacing roads in the Mystic Valley parkway, 
a sum not exceeding ten thousand dollars. 

For sidewalks in the Middlesex Fells parkway, a sum 
not exceeding five thousand dollars. 

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

Approved April S, 1910. 



CIiClj).372 Ax Act makixcj ax appkopriatiox for eepairixg dam- 
ages CAUSED BY STORM TO CERTAIN RESERVATIONS UN- 
DER THE CONTROL OF THE METROPOLITAN PARK COM- 
MISSIOX^. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding fifty-nine thousand 
dollars is hereby appropriated, to be paid out of the Metro- 
politan Parks Maintenance Fund, to be expended by the 
metropolitan park commissioners in repairing damages 
caused by a violent storm on the twenty-sixth day of 
December in the year nineteen hundred and nine on the 
Winthro]") shore, Revere beach, Lynn shore, Quincy shore 
and Xantasket reservations. 

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

Approved April S, 1910. 



Appropria- 
tion for 
repair of 
damages by 
storm to 
certain res- 
ervations. 



Chap.373 Ax^ Act to require the officials of the county op 

SUFFOLK TO MAKE ANNUAL REPORTS TO THE MAYOR OF 
THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
seventy-one of the acts of the year nineteen hundred and 
nine is hereby amended by adding at the end thereof the 
words : — Said officials shall, on or before the first day of 
March in each year, transmit to the mayor of the city of 
Boston a written report stating the amount of the receipts 
and expenditures of their several offices for the year ending 
on the first day of February preceding ; and such statement 



1909, 271, 
§ 1, amended. 



Acts, 1910. — Chap. 374. 299 

of receipts and expenditures shall be classified and ar- 
ranged in such form and manner as the auditor of the city 
of Boston shall approve, — so as to read as follows : — tiec- Certain 
tion 1. The district attorney, sheriff, register of deeds, suiioik 
register of probate and all clerks of courts in and for Suf- f,"rnish*an- 
folk county, all officers or persons in charge of the care ""expen^f^^ 
and maintenance of the Suffolk county court house, and etc 
all other officers of the said county, whether elected or ap- 
pointed, 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 of- 
fices, departments or undertakings, and of their prospective 
expenditures for the ensuing year. Said officials shall, on To transmit 
or before the first day of March in each year, transmit to of Boston 
the mayor of the city of Boston a written report stating the receipts^and 
amount of the receipts and expenditures of their several expenditures, 
offices for the year ending on the first day of February pre- 
ceding; and such statement of receipts and expenditures 
shall be classified and arranged in such form and manner 
as the auditor of the city of Boston shall approve. 

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

Approved April S, 1910. 

Ax Act relative to increases in the capital stock ChapSM^i 

OF GAS AND ELECTRIC LIGHT COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and P°^' ^'''^\ ^ 

PI si, amended. 

seventy-seven oi the acts of the year nineteen hundred and 
nine is hereby amended by adding at the end thereof the 
words : — Xo application for an issue of stock under said 
section twenty-four shall be made unless authorized by vote 
of the stockholders passed not more than four months prior 
to such application, but the vote of the stockholders to in- 
crease the capital stock may be passed before or after the 
action of the board under said section twenty-four. All 
votes and proceedings relative to the increase and all 
rights of the stockholders to subscribe for the new shares 
shall become void unless the directors, after the vote to in- 
crease the capital stock and within sixty days after the 
final action of the board, shall cause written notice of such 
increase to be given as provided by law, — so as to read 



300 



Acts, 1910. — Chap. 375. 



Issue of 
new stock by 
gas and 
electric light 
companies, 
etc. 



Repeal. 



as follows: — Section 1. A gas or electric light company 
shall, upon any increase of its capital stock, except as pro- 
vided in the following section, otter the new shares propor- 
tionately to its stockholders at such price, not less than the 
par value thereof, as may be determined by its directors. 
The vote of the board of gas and electric light commis- 
sioners, as provided in section twenty-four of chapter one 
hundred and nine of the Revised Laws, as to the amount 
of stock which is reasonably necessary for the purpose for 
which such increase has been authorized shall be based on 
the price fixed as hereinbefore provided, unless the board 
is of opinion that such price is so low as to be inconsistent 
with the public interest, in which case it may determine 
the price at which such shares may be issued. jSTo applica- 
tion for an issue of stock under said section twenty-four 
shall be made unless authorized by vote of the stockholders 
passed not more than four months prior to such application, 
but the vote of the stockholders to increase the capital stock 
may be passed before or after the action of the board under 
said section twenty-four. All votes and proceedings rela- 
tive to the increase and all rights of the stockholders to 
subscribe for the new shares shall become void unless the 
directors, after the vote to increase the capital stock and 
within sixty days after the final action of the board, shall 
cause written notice of such increase to be given as pro- 
vided by law. 

Section 2. All acts and i:)arts of acts inconsistent here- 
with are hereby repealed so far as they aj)ply to the cor- 
porations described in said section one. 

Sectiox 3. This act shall take effect upon its passage. 

Approved April 8, 1910. 



Chap.^l^ An Act relative to loans by insurance companies 

UPON LEASEHOLD ESTATES IN IMPROVED REAL PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. Sub-division 4 of section thirty-seven of 
chapter five hundred and seventy-six of the acts of the year 
nineteen hundred and seven is hereby amended by inserting 
after the word " States ", in the second line, the words : — 
and upon leasehold estates in improved real property for 
a term of ninety-nine years or more where fifty years or 
more of the term is unexpired and where unencumbered 



1907, 576, 
§ 37, sub- 
division 4, 
amended. 



Acts, 1910. — Chap. 376. 301 

except by rentals accruing therefrom to the owner of the 
fee, and where the mortgagee is entitled to be subrogated 
to all the rights under the leasehold, — and by inserting 
after the word " property ", in the third line of said sub- 
division 4 the words : — or such leasehold estate, — so that 
said sub-division as amended will read as follows : — 4. In Mortgage 
loans upon improved and unencumbered real property in insurance 
any state of the United States, and upon leasehold estates <=°'^p^'^'<*s. 
in improved real property for a term of ninety-nine years 
or more where fifty years or more of the term is unexpired 
and where unencumlaered except by rentals accruing there- 
from to the owner of the fee, and where the mortgagee is 
entitled to be subrogated to all the rights under the lease- 
hold, provided that no loan on such real property or such 
leasehold estate shall exceed sixty per cent of the fair mar- 
ket value thereof at the time of such loan, and a certificate 
of the value of such property shall be executed before mak- 
ing such loan by the person or persons making or authoriz- 
ing such loan on behalf of the corporation, which certificate 
shall be recorded on the books of the company. 

Section 2. No domestic insurance company shall in- Mortgage 

c • , r ^ • -t , j_ loans by 

vest any of its tunas m loans upon mortgages except upon domestic 
the conditions expressed in sub-division 4 of section thirty- companies 
seven of said chapter five hundred and seventy-six, as cer'tah/'"'^ 
amended by section one of this act, provided that the invest- co'iditions. 
ments of companies organized under the tenth clause of 
section thirty-two of said chapter fi^'e hundred and seventy- 
six shall be subject to no greater restrictions hereunder than 
those imposed by section sixty-four of said chapter. 

Section 3. This act shall take effect upon its passage. 

Appro red April S, 1910. 

Ax Act relative to the execution of certain decrees QJki^j 375 
IN equity. 

Be it enacted, etc., as follows: 

Section 1. Whenever a final decree in equity shall be Decree to 
made by the supreme judicial court, or the superior court vesttuieto 
or a justice thereof, directing that a deed, conveyance or etc.ltncer- 
release of any real estate or interest therein shall be made, ^^'"^ '^^^^^• 
and the party who is directed to make such deed, convey- 
ance or release does not duly execute the same within the 
time specified in the decree, the decree itself shall operate 



302 



Acts, 1910. — Chap. 377 



Decree to 
have effect 
of duly exe- 
cuted deed, 
etc., under 
certain 
conditions. 



Same. 



Certain 
power of 
court, etc., 
not affected. 



to vest the title to the real estate or interest in the party 
entitled thereto by the decree, as fully and completely as if 
such deed, conveyance or release had duly been executed by 
the party directed to make it. 

SECTIO^' 2. The recording of a duly certified copy of 
such decree, attested by the clerk or assistant clei^k of the 
court wherein it was made, in the registry of deeds of the 
district or districts wherein said real estate is situated, 
shall have the same force and etfect as if a duly executed 
deed, conveyance or release had so been recorded. 

Section 3. In the case of registered land the registra- 
tion of a duly certified copy of such decree, attested by the 
clerk or assistant clerk of the court wherein it was made, in 
the ofiice of the assistant recorder for the district or districts 
in which the land is situated, shall have the same force and 
effect as if a duly executed deed, conveyance or release had 
so been registered. 

Section 4. The power which the court, or a justice 
thereof, had prior to the passage of this act, to enforce per- 
formance of any decree in any manner, shall not be dimin- 
ished or affected by this act. 

Section 5. This act shall take effect upon its passage. 

Approved April 8, 1910. 



Chap.Til 



1908, 520, 
§ 8, amended. 



Reserve of 
trust com- 
panies. 



Ax Act relative to the reserve of trust companies. 

Be it enacted, etc., as follows: 

Chapter five hundred and twenty of the acts of the year 
nineteen hundred and eight is hereby amended by striking 
out section eight and inserting in place thereof the follow- 
ing: — Section S. Every trust company doing business 
within the commonwealth shall at all times have on hand 
as a reserve an amount equal to at least fifteen per cent of 
the aggregate amount of its de^wsits, exclusive of savings 
deposits and all time deposits represented by certificates or 
agreements in writing ; but whenever such time deposits 
may be withdrawn within thirty days, they shall be subject 
to the reserve requirements of this act ; and every trust 
company doing business in the city of Boston shall at all 
times have on hand as a reserve an amount equal to at least 
twenty per cent of the aggregate amount of its deposits, 
computed in the same manner. 



Acts, 1910. — Chaps. 378, 379. 303 

ISTo trust company shall allow a time deposit to be with- withdrawal 
drawn before the time specitied in the certificate or agree- deposits. 
ment in writing above mentioned, and where such certificate 
or agreement does not specify any definite date for with- 
drawal no trust company shall allow such deposit to be 
withdrawn without receiving in writing a notice of at least 
thirty days. Originals or duplicates of all agreements in 
reference to time deposits shall be kept on file by the trust 
companies and submitted to the bank commissioner upon 
his request. 

Any trust company violating the provisions of this sec- Penalty, 
tion relative to time deposits shall be subject to a fine not 
exceeding one thousand dollars for every such violation. 

Approved April 8, 1910. 



Chap.TiS 



An Act to provide that false pretences shall con- 
stitute LARCENY IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 1. Whoever with intent to defraud obtains by False pre- 
a false pretence the making, acceptance or endorsement of constitute 
a bill of exchange or promissory note, the release or substi- certam cases, 
tution of collateral or other security, an extension of time 
for the payment of an obligation, or the release or alteration 
of the obligation of a written contract shall be guilty of 
larceny. 

Section 2. Whoever with intent to defraud and by a Same, 
false pretence induces another to part with money or a per- 
sonal chattel or property of any kind or with any of the 
benefits defined in section one shall be guilty of larceny. 

Approved April 8, 1910. 

An Act to determine the disposition to be made of CJiap.S79 

premiums upon municipal bonds. 
Be it enacted, etc., as follows: 

Section 1. Whenever a city, town, fire district, or Disposition 
water district shall issue and sell bonds to pay for the con- of premiums 
struction, purchase or extension of water works, sewerage parbond""''" 
or sewage disposal systems, electric lighting plants, street ^^^^'''^'''^^■ 
pavements or other public improvements, or for the refund- 
ing of any debt previously contracted for any such purpose, 
any premium received upon such bonds, less the cost of 



304 Acts, 1910. — Chaps. 380, 381. 

preparing, issuing and marketing them shall be applied to 
the payment of the principal of the bonds in the manner 
prescribed in the following sections. 
To be added Section 2. When a sinking fund has been or is to be 

to siuKiiic 

fund in established to pay said bonds at maturity, the premium 

etc. ' shall be added forthwith to the sinking fund, and the 

amount of the annual contribution to be made to the siidc- 

ing fund shall be reduced correspondingly. 

To be applied Section 3. lu casc no sinkiuff fund is established for 

to the payment . ciiii-i-i r • r 

of principal the retirement of the bonds, but m lieu thereof certain of 
to mature in the boiids luaturc aud are to be paid at fixed periods, any 
etc. ^'° ^'^^^^' premium received as set forth in section one shall be applied 
to the payment of the principal of the first bond or bonds 
so to mature ; and the contributions from other sources for 
the payment of said bonds shall be reduced correspond- 
ingly. 

Section 4. This act shall take efl:"ect upon its passage. 

Approved April 8, 1910. 

Chap.^SO Ax Act relative to ixdiax pond in the town of Pem- 
broke. 

Be it enacted, etc., as follows: 

1881,44 Section 1. Section three of chapter forty-four of the 

acts of the year eighteen hundred and eighty-one, relative 
to the deposit of alewives in Indian pond in the town of 
Pembroke, is hereby repealed. 

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

Approved April 8, 1910. 

Chap.SSl An Act to supply with water the villages of cherry 

VALLEY AND ROCHDALE IN THE TOWN OF LEICESTER, 
AND TO INCORPORATE THE CHERRY VALLEY AND ROCH- 
DALE WATER DISTRICT. 

Be it enacted, etc., as follows: 
^^V^'V^^^7 Section 1. The inhabitants of the villages of Cherry 

and Rf)cndale , ~ . '' 

Water District Vallev and Rochdale in the town of Leicester liable to tax- 

mcoriJorated. . . , . , , . ,. • i • i 

ation m the said town, and residing withm the territory 
enclosed by the following boundary lines, to wit: — Begin- 
ning at a stone monument set in the ground on the south- 
erly line of Main street, in said Leicester, as located by 
the county commissioners in eighteen hundred and ninety- 
one, and in the Worcester city line; thence southerly in 



Acts, 1910. — Chap. 381. 305 

said city line two thousand feet to a stone monmnent ; fnlR^J^auf 
thence westerly in a straight line about six thousand six Water District 

",'--' , incorporated. 

hundred and twenty leet to a stone monument ; thence true 
north two thousand feet to a stone monument in the south- 
erly line of said Main street as located in eighteen hundred 
and ninety-one, said monument being numbered twenty-five 
and being located about four hundred and sixty feet north- 
westerly of Collier's corner, so-called ; thence true north 
two thousand feet to a stone monument ; thence easterly in 
a straight line about five thousand seven hundred feet to a 
stone monument in the aforesaid Worcester city line ; 
thence southerly in said city line two thousand feet to the 
place of beginning. Also, — • Beginning at a stone monu- 
ment numbered sixteen, standing in the east line of Pleas- 
ant street, in said Leicester, opposite the south line of Green 
street ; thence true east two thousand feet to a stone monu- 
ment ; thence southerly in a straight line about three thou- 
sand four hundred and fifty feet to a stone monument that 
bears true east from stone monument numbered zero, stand- 
ing at the intersection of the westerly line of Pleasant street 
with the westerly terminus of the easterly line of River 
street, and two thousand feet distant from said monument 
numbered zero ; thence true east two thousand feet to a 
stone monument; thence southeasterly in a straight line 
to a stone monument in the town line between Leicester and 
Auburn, said monument being on the road leading by the 
residence of Fisher A, Thayer and a little southerly 
thereof; thence south thirty-two degrees west on said Lei- 
cester and Auburn town line to a town bound at the corner 
of the towns of Leicester, Auburn and Oxford ; thence 
westerly in the Leicester and Oxford town line to a stone 
monument numbered eight, standing in the easterly line 
of Pleasant street ; thence westerly in said Leicester and 
Oxford town line, two thousand feet to a stone monument ; 
thence northerly in a straight line about four thousand six, 
hundred and twenty-five feet to a stone monument that 
bears true west from the aforesaid monument numbered 
zero and two thousand feet distant therefrom ; thence 
northerly in a straight line about three thousand four hun- 
dred and fifty feet to a stone monument ; thence true east 
two thousand feet to the place of beginning: shall consti- 
tute a water district, and are hereby made a body corporate 
under the name of Cherry Valley and Rochdale Water Dis- 



30G 



Acts, 1910. — Chap. 381. 



May take 
certain 

waters, lands, 
etc. 



May take 
certain prop- 
erty, rights, 
etc. 



Proviso. 



May take 
necessary 
lands, etc. 



trict, for tlie purpose of supplying themselves witli water 
for the extinguishing of tires and for domestic, manufac- 
turing and other purposes ; with power to establish foun- 
tains and hydrants, and to relocate and discontinue the 
same, and to take or acquire property by purchase or other- 
wise, and to hold the same for the purposes mentioned in 
this act ; and to prosecute and defend in all actions relating 
to the property and affairs of the district. 

Section 2. Said water district, for the purposes "afore- 
said, may take, or acquire by purchase or otherwise from 
Ilenshaw pond, so-called, situated in Leicester, a quantity 
of water not exceeding in the aggregate one hundred thou- 
sand gallons per day ; and also lands, easements, water and 
water rights connected with such lands, and any springs 
and streams percolating or miming through the same and 
situated in the town of Leicester lying adjacent to said 
Henshaw pond. 

Section 3. Said district may take, or acquire by pur- 
chase or otherwise, and the Leicester Water Supply Dis- 
trict may sell to said district, all its corporate property, 
rights and privileges lying within the corporate limits of 
the Cherry Valley and Rochdale Water District and with- 
out the corporate limits of the Leicester Water Supply Dis- 
trict : 'provided, however, that such taking or purchase shall 
not invalidate or affect the contract or contracts now exist- 
ing between the town of Leicester and the Leicester Water 
Supply District, except to authorize said town to pay the 
rental for the hydrants now located in the village of Cherry 
Valley, to said Cherry Valley and Rochdale AYater District 
and not to the Leicester Water Supply District. All con- 
tracts between the town of Leicester and the Cherry Valley 
and Rochdale Water District for the rental of hydrants to 
be located in said district, in addition to those now located 
in said district, shall be made at a maximum annual rental 
of twenty-five dollars per hydrant for a maximum term of 
thirty years, with the condition in said contracts that, at the 
expiration of said term of thirty years, said hydrant rental 
shall cease, and that the hydrants shall thereafter be for the 
free use of the town of Leicester without any payment on 
the part of said town, excepting for extraordinary repairs. 

Section 4. Said district may also take or acquire by 
purchase or otherwise, and hold, all lands, rights of way 
and easements in the town of Leicester necessary for laying, 



Acts, 1910. — Chap. 381. 307 

constructing and maintaining aqneducts, reservoirs, storage 
basins, dams and snch other works as may be deemed neces- 
sary or proper for collecting, purifying, storing, discharg- 
ing, conducting and distributing said water to said inhabit- 
ants ; and may erect upon the land thus taken and held, ^ructurek 
proper dams, buildings, fixtures and other structures, and lay pipes, etc. 
may make excavations, procure and operate machinery, and 
provide such other means and appliances as may be neces- 
sary for the establishment and maintenance of complete and 
effective water works ; and may construct and lay down 
conduits, pipes and other works under or over any lands, 
water courses, railroads, railways, or other public or private 
ways,' and along any such ways in such manner as not 
unnecessarily to obstruct the same ; and for the purpose of 
constructing, maintaining and repairing such conduits, 
pipes and other works, and for all proper purposes of this 
act, said water supply district may dig up any such lands, 
and, subject to the direction of the selectmen of the town 
in which such ways are situated, may enter upon and dig 
up any such ways in such manner as to cause the least 
hindrance to public travel thereon: provided, however, that Proviso, 
no source of water supply and no lands necessary for pre- 
serving 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 situation of all dams, reser- 
voirs and wells to be used as sources of water supply under 
this act shall be subject to the approval of said board. Said 
district 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. 

Sectioin^ 5. Said Cherry Valley and Rochdale Water Description 
District shall, within sixty days after the taking of any etc.?tobe 
lands, rights of way, waters, water rights, water sources or ^«^°''^«'^- 
easements, as aforesaid, otherwise than by purchase, file 
and cause to be recorded in the office of the registry of deeds 
for the "Worcester district in the county of Worcester, a 
description thereof sufficiently accurate for identification, 
with a statement of the purposes for which the same were 
taken, signed by the water commissioners hereinafter pro- 
vided for. 



308 



Acts, 1910. — Chap. 381. 



Damages. 



May make 
contraets for 
supplying 
water, etc. 



First 
meeting. 



Section G. Said Cherry Valley and Eoclidale Water 
District shall pay all damages to property sustained by any 
person or corporation by the taking of any lands, rights of 
Avay, waters, water rights, water sources or easements, or by 
any other thing done by said district under the authority 
of this act. Any person sustaining damages as aforesaid 
and failing to agree with said district as to the amount 
thereof, may have the same assessed and determined in the 
manner provided by law when land is taken for the laying- 
out of highways, on application at any time within two 
years after the taking of such land or other property or the 
doing of any other injury under authority of this act; but 
no such application shall be made after the expiration of 
two years. IS^o application for the assessment of damages 
shall be made for the taking of any water, water rights, or 
water sources, or for any injury thereto, until the water is 
actually withdrawn or diverted by said district under the 
authority of this act. 

Section 7. Said district may make such contracts with 
individuals, corporations, and the town of Leicester for 
supplying water as may be agreed upon, and may extend 
its pipes for that purpose, subject to the direction of the 
selectmen of the town of Leicester, through the highways 
of said town lying outside the corporate limits of said dis- 
trict ; and may extend its pipes into the town of Oxford for 
a distance not exceeding five hundred feet from the bound- 
ary line between the towns of Leicester and Oxford, sub- 
ject to the direction of the selectmen of the town of Oxford. 

Section 8. The first meeting of said district shall be 
called on petition of ten or more legal voters therein to, and 
by warrant from, the selectmen of the town of Leicester 
directed to one of the petitioners requiring him to give 
notice of the meeting by posting copies of said warrant in 
three or more public places in said district, seven days at 
least before the time of the meeting. One of the selectmen 
shall preside at said meeting until a clerk is chosen and 
sworn; the clerk shall then preside until a moderator is 
chosen. After the choice of a moderator, the question of the 
acceptance of this act shall be submitted to the voters, and 
if it shall be accepted by a majority vote of the voters pres- 
ent and voting thereon, it shall thereupon take effect, and 
the meeting may proceed to act on the other articles con- 
tained in the warrant. 



Acts, 1910. — Chap. 381. 309 

Sectiox 9. Said Cherry Valley and Rochdale Water water com- 
District shall, after its acceptance of this act elect by ballot eiecti'on,^'^'^' 
at a legal meeting called for the purpose, 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 said meeting, to constitute a board of water 
commissioners ; and at every annual meeting thereafter one 
such commissioner shall be elected by ballot for the term of 
three years. There shall at all times be a resident of Cherry 
Valley, a resident of Rochdale and a resident of Greenville 
on said commission. All the authority granted to said dis- 
trict by this act, and not otherwise specifically provided for, 
shall be vested in said board of water commissioners, who 
shall be subject however to such instructions, rules and reg- 
ulations as said district may impose by its vote. A major- Quorum. 
ity of the commissioners shall constitute a quorum for the 
transaction of business. Any vacancy occurring in said "^^^cancy. 
board from any cause may be filled for the remainder of 
the unexpired term by the said district at any legal meet- 
ing called for the purpose. l!^o money shall be drawn from 
the district treasury on account of said water works, except 
by a written order of said commissioners or a majority of 
them. Said commissioners shall annually make a full anmud*report 
report to said district in writing of their doings and expend- 
itures. Said district shall also, at a legal meeting called frll^ure^ 
for the purpose, elect by ballot a district clerk and a treas- election, term. 
urer, to hold office for the term of one year and until their 
successors are chosen and qualified. 

Section 10. For the purpose of paving the necessarv cherry vaiiey 

■,,.■,.,.. . , 11 • • "f and Rochdale 

expenses and liabilities incurred under the provisions oi Water Dis- 
this act, said district 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. Cherry Valley and Roch- 
dale Water District Loan ; shall be payable at the expiration 
of periods not exceeding thirty years from the dates of 
issue ; shall bear interest payable semi-annually at a rate 
not exceeding four per cent per annum ; and shall be signed 
by the treasurer and countersigned by the chairman of the 
water commissioners of said district. 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 



310 



Acts, 1910. — Chap. 381. 



Payment 
of loan. 



District to 
raise a 
certain sum 
by taxation 
annually. 



Assessment 
and collection 
of taxes. 



Proviso. 



District 
may adopt 
certain by- 
laws, provide 
rules, etc. 



the securities shall not be sold for less than their par value. 
Said district shall at the time of authorizing such loan or 
loans provide for the payment thereof in such annual pro- 
portionate payments, beginning not more than live years 
after the first issue of such bonds, notes or scrip, as will 
extinguish the same within the time prescribed by this act. 

Section 11. Said district shall raise annually by taxa- 
tion a sum which, with the income derived from the sale of 
water, shall be sufficient to pay the current annual expenses 
of operating its water works and the interest accruing on 
the bonds, notes or scrip issued by said district, together 
with such payments of the principal as may be required 
under the provisions of this act. Said district is further 
authorized by a two thirds vote of its voters, present and 
voting at a legal meeting called for the purpose, to raise by 
taxation any sum of money for the purpose of enlarging 
or extending its water works or of providing additional 
appliances and fixtures connected therewith, not exceeding 
three thousand dollars in any one year. 

Section 12. Whenever a tax is duly voted by said dis- 
trict for the purpose of this act, the district clerk shall de- 
liver a certified copy of the vote to the assessors of the town 
of Leicester, who shall proceed within thirty days to assess 
the same in the manner in which town taxes are required by 
law to be assessed. The assessment shall be committed to 
the town collector, who shall collect said tax in the manner 
provided for the collection of town taxes, and shall deposit 
the proceeds thereof with the district treasurer for the use 
and benefit of said district. The district may collect inter- 
est on taxes when overdue in the manner in which interest 
is authorized to be collected on town taxes : provided, that 
the district at the time of voting to raise a tax shall so 
determine, and shall also fix a time for payment thereof. 

Section 13. Said district may adopt by-laws prescrib- 
ing by whom and how meetings may be called and notified ; 
but meetings may also be called on application of ten or 
more legal voters in said district to, and by warrant from, 
the selectmen of the town of Leicester, on such notice as 
may be prescribed in the warrant. The district may also 
provide rules and regulations for the management of its 
water works, not inconsistent with this act or the laws of 
this commonwealth, and may choose other officers not pro- 
vided for in this act as it may deem necessary and proper. 



Acts, 1910. — Chap. 382. 311 



Section 14. Whoever wilfully or wantonly corrupts. Penalty for 

."^ 1^1 -J. -1 corruption 

pollutes or diverts any water taken under this act, or wil- of water, 
fully or wantonly injures any dams, reservoirs, aqueduct, 
conduit, pipe or other property owned or used by said dis- 
trict for the iHirpose of this act, shall forfeit and pay to 
said district three times the amount of damages assessed 
therefor,, to be recovered in an action of tort ; and upon con- 
viction of any of the above acts shall be punished by a fine 
not exceeding one hundred dollars or by imprisonment for 
not more than six months. 

Section 15. Chapter three hundred and thirty-eight of Repeal, 
the acts of the year eighteen hundred and fifty-four, and 
chapter one hundred and four of the acts of the year eight- 
een hundred and sixty-four, so far as they are inconsistent 
with or affect the provisions of this act, are hereby repealed. 

Section 1G. This act shall take effect upon its passage, Question of 
but shall become void unless accepted by a majority vote be submitted 
of the voters of said district present and voting thereon 
at a legal meeting called for the purpose within three years 
after i ts passage ; but the number of meetings so called in 
any year shall not exceed three. 

Approved April 12, 1910. 



Chap:S82 



An Act to authorize the city of woburn to issue addi- 
tional WATER BONDS. 

Be it enacted, etc., as follows: 

Section 1. The city of Woburn, for the purpose of con- Wobum 
structing, laying, maintaining, operating and repairing Ac't^of 1910.' 
such conduits and pipes as belong to its present water sys- 
tem, may issue from time to time, notes, bonds or scrip to 
an amount not exceeding one hundred thousand dollars, in 
addition to the amount heretofore authorized by law to be 
issued by the town or city of Woburn for water works pur- 
poses. Such bonds, notes or scrip shall bear on their face 
the words, Woburn Water Loan, Act of 1910 ; shall be pay- 
able at the expiration of periods not exceeding twenty years 
from the dates of issue ; shall bear interest payable semi- 
annually at a rate not exceeding four 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 may pledge the same for money 



312 



Acts, 1910. — Chap. 382. 



Proviso. 



Payment 
of loan. 



Issue of 
bonds, notes, 
etc. 



borrowed for the purpose of this act, upon such terms and 
conditions as it may deem proper: provided, that the said 
securities shall not be sold for less than their par value. 

Section 2. The said city shall, at the time of authoriz- 
ing said loan, provide for the payment thereof in such an- 
nual payments, as nearly equal in amount as is practicable, 
as will extinguish the same wnthin 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 all the bonds, 
notes or scrip issued on account of its water system 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 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 3. The proceeds of the sale of any securities 
issued under authority of this act shall be used only for 
rebuilding the distribution system of the Woburn water 
works as specified in section one ; and of the amount of 
bonds, notes or scrip herein authorized to be issued, not 
more than twenty thousand dollars may be issued in either 
of the years nineteen hundred and ten, nineteen hundred 
and eleven, nineteen hundred and twelve and nineteen hun- 
dred and thirteen, and with the condition precedent that in 
the years nineteen hundred and eleven, nineteen hundred 
and twelve and nineteen hundred and thirteen five thousand 
dollars, seven thousand five hundred dollars and ten thou- 
sand dollars shall be appropriated from the income of the 
water department in each of said years, respectively, for the 
reconstruction of the distribution system of the water works 
as distinguished from maintenance, extension and opera- 
tion ; and after the year nineteen hundred and thirteen and 
until the amount hereby authorized is issued, no securities 
shall be issued in any year under the authority of this act 
in excess of the amount appropriated in that year for said 
construction purposes from the income of the water depart- 
ment. After the full amount herein authorized has been 
issued, and in any event after the year nineteen hundred 
and fourteen, all income from the water works of the city 
of Woburn shall be applied to defraying operating expenses, 



Acts, 1910. — Chap. 383. 313 

interest charges and payments npon the principal as they 
accrue upon bonds, notes or scrip issued under authority of 
this act or of any other act authorizing the issue of bonds 
for water supply purposes. If there should be a net surplus 
remaining after providing for the aforesaid charges, it shall 
be used for such new construction or the reconstruction of 
such portions of the distribution system as may be deter- 
mined upon, and in case a surplus should remain after pay- 
ment for such new construction or reconstruction of the 
distribution system, the water rates shall be reduced pro- 
portionately. 

Section 4. This act shall take effect upon its passage. 

Approved April 12, 1910. 



An Act relative to cuanting licenses to innholders CJiar) 383 

AND COMMON VICTUALLERS. 

Be it enacted, etc., as follows: 

Section two of chapter one hundred and two of the Re- r. l. 102, 
vised Laws, as amended by chapter two hundred and ninety- amended, 
one of the acts of the year nineteen hundred and six, is 
hereby further amended by striking out said section and 
inserting in place thereof the following : — Section 2. The Licensing of 
licensing boards in cities having such boards, the mayor and and'^common 
aldermen in cities having no such boards and also in cities ^"^tuaiiers. 
which have such boards but which, in any year, vote not to 
authorize the granting of licenses for the sale of intoxicat- 
ing liquor, and the selectmen of towns, may grant licenses 
to persons to be innholders or common victuallers in such 
cities or towns. Such license shall not be issued or be valid 
until it has been signed by the mayor and a majority of the 
aldermen in cities in which the license is to be granted by 
the mayor and aldermen, or by a majority of the licensing 
board in other cities and in towns. A mayor or any member 
of a licensing board may refuse to sign a license for a per- 
son who in his opinion has not complied with the provisions 
of this chapter ; and a mayor or any member of such board 
who signs a license granted contrary to the provisions of 
this chapter shall be punished by a fine of not more than 
fifty dollars. The provisions of this section shall not re- 
quire the licensing boards to grant either of the said 
licenses, if in their opinion the public good does not require 



314 



Acts, 1910. — Chap. 384. 



Fee which 
may be 
charged. 



it. A fee of not more than five dollars may be charged for 
each of said licenses. In Boston the said licenses shall be 
recorded in the office of the licensing board. 

Approved April 12, 1910. 



The city of 
Taunton may 
supply the 
town of 
Berkley 
with water. 



Proviso. 



Chap.S84: Ax Act to authorize the city of taunton to supply 

THE TOWN OF BEEKLEY WITH WATER. 

Be it enacted, etc., as follows: 

Section 1. The city of Taunton may supply the in- 
habitants of the town of Berkley with water for the extin- 
guishment of fires and for domestic and other purposes, 
and may construct and lay conduits, pipes and other works, 
under or over any lands, water courses, railroads, railways 
and public or private ways, and along any such ways in the 
town of Berkley in such manner as not unnecessarily to 
obstruct the same; and for the purpose of constructing, 
maintaining and repairing such conduits, pipes and other 
works, and for all purposes of this act, the city of Taunton 
may enter upon and dig up any such lands and ways : pro- 
vided, however, that the said cit}'- shall not enter upon or 
dig up any public ways in the town of Berkley, except with 
the consent of the selectmen thereof ; and the city of Taun- 
ton shall restore to the satisfaction of the selectmen of the 
town of Berkley the public ways dug up or otherwise dis- 
turbed in said town, and shall pay all damages to property 
sustained by any person or corporation by any act or neg- 
lect of the city of Taiintori, its agents or employees, in dig- 
ging up, entering upon or otherwise disturbing any lands, 
or public or private ways within said town, or by any other 
thing done by said city under the authority of this act. 
Any person or corporation sustaining damages as aforesaid 
under this act, who fails to agree with said city as to the 
amount thereof, may have them determined in the manner 
provided by law in the case of land taken for the laying out 
of highways, on making application at any time within two 
years after the taking of any property or the doing of other 
injury under the authority of this act ; but no such applica- 
tion shall be made after the expiration of said two years. 

Section 2. The city of Taunton may distribute water 
through the town of Berkley or any part thereof, and may 
regulate the use of such water and fix and collect rates for 



Damages. 



Distribution 
of water, etc. 



Acts, 1910. — Chap. 384. 315 

the use of the same; and the town of Berkley may make 
such contracts with the city of Taunton for water for extin- 
guishing fires and for other purposes as may be agreed upon 
between said town and the city of Taunton; and the city 
may establish and maintain fountains and hydrants in the 
said town and may relocate or discontinue the same. 

Section 3. The said town shall raise annually, in the Town to raise 
manner provided in the following section, a sum sufficient annually, 
to pay the city of Taunton such annual sums as shall be 
stipulated by said city in the contract between the city and 
town, for hydrant rentals or for water for extinguishing 
fires and other purposes as provided in section two. 

Section 4. The assessors of said town shall annually, Assessment 

. , . and collection 

in accordance with the preceding section, assess a separate of taxes. 
tax equal to the amount provided for in the above section, 
justly and equitably, in proportion to the particular benefit 
to each estate, upon all taxable property contained within 
zones or belts extending one thousand feet on each side 
from the centre of any public, private or other way in which. 
pipes or other structures for the conveyance of water have 
been laid, and are in use under the provisions of this act, so 
that said zones shall be two thousand feet wide, and in 
length the said zones shall extend along the said ways re- 
spectively to a point five hundred feet beyond the last 
hydrant or other fixture on any such way from which w^ater 
can be drawn for extinguishing fires. Any person or eor- Persons, etc., 
poration aggrieved by reason of the refusal of the assessors ma'y appeal, 
to abate a tax levied under this act shall have the same right 
of appeal to the county commissioners or to the superior 
court for an abatement which now exists for any town tax. 
The tax above provided for shall be collected in the same 
manner in which town taxes are collected. 

Section 5. The town shall have the right at any time Town may 
after it shall have been authorized to supply itself and its tain^property 
inhabitants with water, and shall have voted so to do, to ^'s^^*®- ®*'^- 
take, or acquire by purchase or otherwise, the property and 
all the rights and privileges of the city within said town, on 
payment to the city of the actual cost of its works and 
property of all kinds held under the provisions of this act at 
the time of such purchase or taking. The city shall keep a 
separate account of the cost and construction C/xpenses of 
its plant within the town, which account shall be open to 
the selectmen or to any committee appointed for the purpose 



816 Acts, 1910. — Chap. 385. 

by the town. In case the town shall vote to supply with 
water that portion of the town which is supplied by said 
city, it shall purchase said works, property, rights and 
privileges. If the town cannot agree with the city upon 
the amount of the actual cost thereof upon the basis herein- 
before specified, then, upon a bill in equity brought either 
by the city or by the town, the supreme judicial court shall 
ascertain and fix said total actual cost upon the basis here- 
inbefore specified, and shall enforce the right of the town 
to take possession of said property, rights and privileges, 
upon the payment of the cost so fixed to the city, and shall 
enforce the obligation of the town to purchase said property, 
rights and privileges and to pay said city the cost thereof 
as so fixed, 
^'kingeffect SECTION 6. This act shall take effect upon its passage, 

etc. but shall become void unless the city of Taunton shall begin 

to distribute water through its pipes to consumers in the 
town of Berkley within three years after the passage of 
this act. Approved April 12, 1910. 



Chap.ii85 Ax Act relative to business corporations. 

Be it enacted, etc., as follows: 

1903. 437, Section 1. Section one of chapter four hundred and 

thirty-seven of the acts of the year nineteen hundred and 
three is hereby amended by striking out all after the word 
'* on ", in the nineteenth line, and inserting in place thereof 
the words : — the business of a bank, savings bank, co- 
operative bank, trust company, surety or indemnity com- 
pany, or safe deposit company, or to corporations organized 
under general or special laws of this commonwealth for the 
purpose of carrying on within the commonwealth the busi- 
ness of an insurance company, railroad, electric railroad or 
street railway company, telegraph or telephone company, 
gas or electric light, heat or power company, canal, aque- 
duct or water company, cemetery or crematory company, 
or to any other corporations which now have or may here- 
after have the right to take or condemn land within the 
commonwealth, or to exercise franchises in public ways 
granted by the commonwealth or by any county, city or 
town ; but, except as hereinbefore provided, the provisions 
of this section shall not be construed to prohibit the organi- 



Acts, 1910.^ Chap. 385. 317 

zation of a corporation under the provisions of this act for 
the purpose of carrying on any lawful business outside of 
this commonwealth, — so as to read as follows : — 

GENERAL PROVISIONS. 

Section 1. This act may be cited as The Business Cor- AppHcation 
PORATION Law. It shall, except as herein otherwise pro- 
vided, apply 

(a) To all corporations having a capital stock and estab- 
lished for the purpose of carrying on business for profit 
heretofore or hereafter organized under general laws of the 
commonwealth. 

(&) To all such corporations heretofore created under 
special laws of the commonwealth, except so far as its pro- 
visions are inconsistent with the provisions of any such 
special laws enacted before the eleventh day of March in 
the year eighteen hundred and thirty-one as are not subject 
to amendment, alteration or repeal by the general court. 

(c) To all such corporations hereafter created under 
special laws of the commonwealth so far as its provisions 
are consistent with the provisions of said special laws. 

It shall not apply to corporations organized under general ^o°certam''^ 
or special laws of this commonwealth for the purpose of corporations. 
carrying on the business of a bank, savings bank, co-opera- 
tive bank, trust company, surety or indemnity company, or 
safe deposit company, or to corporations organized under 
general or special laws of this commonwealth for the pur- 
pose of carrying on within the commonwealth the business 
of an insurance company, railroad, electric railroad or 
street railway company, telegraph or telephone company, 
gas or electric light, heat or power company, canal, aque- 
duct or water company, cemetery or crematory company, or 
to any other corporations which now have or may hereafter 
have the right to take or condemn land within the common- 
wealth, or to exercise franchises in public ways granted by 
the commonwealth or by any county, city or town; but, 
except as hereinbefore provided, the provisions of this sec- 
tion shall not be construed to prohibit the organization of a 
corporation under the provisions of this act for the purpose 
of carrying on any lawful business outside of this common- 
wealth. 

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

Approved April 12, 1910. 



318 



Acts, 1910. — Chaps. 386, 387. 



Newton 
Sewerage 
Loan, Act 
of 1910. 



Chap.3S6 Ax Act to authorize the city of newtox to make an 

ADDITIONAL LOAN FOE SEWERAGE PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Newton, for the purpose of pay- 
ing the expenses and liabilities incurred or to be incurred 
for the construction of main drains and common sewers, 
may issue from time to time bonds, notes or scrip to an 
amount not exceeding two hundred and fifty thousand dol- 
lars in addition to the amounts heretofore authorized to be 
issued by the city for the said purpose, and 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, K^ewton Sewerage Loan, Act of 
1910, shall be payable within such periods not exceeding- 
thirty years from the dates of issue, and shall bear interest 
payable semi-annually 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 
treasurer and countersigned by the mayor of the city. The 
city shall provide for the payment of said indebtedness by 
such annual proportionate payments as will extinguish the 
debt at maturity. 

Section 2. Except as otherwise provided herein the 
provisions of chapter twenty-seven of the Ilevised Laws and 
of all acts in amendment thereof and in addition thereto 
shall, so far as they may be applicable, apply to the indebt- 
edness hereby authorized and to the securities issued there- 
for. 

Section 3. This act shall take effect upon its passage. 

Approved April 12, 1910. 



Payment 
of loan. 



Certain provi- 
sions of law 
to apply. 



Chcqy.SSl 



Manufacture 
of prepara- 
tions contain- 
ing cocaine, 
etc., pro- 
hibited. 



xVn Act relative to the sale of cocaine. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person, firm or 
corporation to manufacture any so-called catarrh powder 
or catarrh cure, or any patent or proprietary preparation 
containing cocaine, or any of its salts, or alpha or beta 
eucaine, or any of their salts, or any synthetic substitute 
for them. 



Acts, 1910. — Chap. 387. 319 

Section 2. It shall be unlawful for any person, firm or Saie, etc., of 

„ , /!• i? 1 J. • cocaine, etc., 

corporation to sell or to expose or oner lor sale or to give, prohibited, 
deliver or exchange any cocaine, or any alpha or beta ^^^^^*" ^^''■ 
eucaine, or any synthetic substitute for them, or any prep- 
aration containing the same, or any salts or comi)ounds 
thereof, except upon the written prescription of a physician, 
dentist or veterinary surgeon registered under the laws of 
the state in which he resides ; the original of which pre- 
scrij)tion shall be retained by the druggist tilling the same 
for a period of at least two years and shall not again be 
filled, except upon the written order of the original pre- 
scriber, and shall at all times be open to inspection by the 
officers of the state board of health, the members of the 
state board of registration in pharmacy and its authorized 
agents, and by the police authorities and officers of cities 
and towns. But no practitioner of veterinary medicine 
shall prescribe any of the above mentioned substances for 
the use of any human being. 

Section 3. It shall be unlawful for any physician or Physicians 

■,,•,, -1 n • "^ . . and dentists 

dentist to prescribe, sell or give away any cocaine or its not to pre- 
salts, or any alpha or beta eucaine or their salts, or any fn^ertaJn' 
synthetic substitute for them, or any preparation containing '^^^'^^^ 
the same, or any salts or compounds thereof, to any person 
known to such physician or dentist to be an habitual user 
of those drugs. 

Section 4. Any manufacturer or jobber of any or all TOca^ne^etc, 
of the articles mentioned in section two of this act, any may be sold, 
wholesale druggist, or any registered pharmacist may sell 
any article mentioned in said section two to any such manu- 
facturer, jobber, wholesale druggist, or to any pharmacist, 
physician, veterinarian or dentist, registered under the laws 
of the state in which he resides, or to any incorporated hos- 
pital, but only upon a written order duly signed by such 
manufacturer, jobber, wholesale druggist, registered phar- 
macist, registered physician, registered veterinarian, regis- 
tered dentist, or the superintendent of such incorporated 
hospital, which order shall show the article or articles 
ordered and the date of delivery. The said order shall be Order to be 
kept on file in the laboratory, warehouse, pharmacy or store ^^ 
from which it was filled by the proprietor thereof, or his 
successor, for a period of not less than two years from the 
date of delivery, and shall at all times be open to inspection 
by the officers of the state board of health, the members of 



320 



Acts, 1910. — Chap. 387. 



Penalty. 



Penalty for 
having in 
possession 
cocaine, etc. 



Not to apply 
to certain 
persons, etc. 



Issue of 
warrants, etc. 



the state board of registration in pharmacy and its author- 
ized agents, and by the police authorities and officers of 
cities and towns ; and such order shall not contain any 
articles not mentioned in section two of this act. 

Section 5. Whoever violates any provision of the fore- 
going sections shall be punished by a fine of not less than 
fifty nor more than one thousand dollars, or by imprison- 
ment for not more than one year in a county jail or house 
of correction, or by both such fine and imprisonment.' 

Section 6. Whoever, not being a registered physician, 
registered dentist, or registered veterinary surgeon, or man- 
ufacturer or wholesale or retail dealer in drugs shall have 
in his or her possession any cocaine, alpha or beta eucaine, 
or any synthetic substitute for them, or any preparation 
containing the same, or any salts or compounds thereof, 
except by reason of a prescription of a registered physician, 
registered dentist or registered veterinary surgeon, shall be 
guilty of a misdemeanor, and upon conviction thereof shall 
be punished by a fine of not more than one hundred dollars 
or by imprisonment of not more than six months, or by both 
such fine and imprisonment. The provisions of this section 
shall not apply to any person, firm or corporation while 
transporting any of the above mentioned articles from or 
to any manufacturer or jobber, wholesale druggist, regis- 
tered pharmacist, registered physician, registered veter- 
inarian, registered dentist or incorporated hospital, or to 
persons who may have the above mentioned articles in their 
possession in connection with the enforcement of the pro- 
visions of this act or with the trial of cases arising there- 
under. 

Section 7. If a person makes complaint under oath to 
a police, district, or municipal court, or to a trial justice or 
justice of the peace authorized to issue warrants in criminal 
cases, that he has reason to believe or does believe that co- 
caine or alpha or beta eucaine, or any synthetic substitute 
for them, or any preparation containing the same, or any 
salts or compounds thereof are kept or deposited by a person 
named therein in a store, shop, warehouse, building, vehicle, 
steamboat, vessel or place, other than by a manufacturer or 
jobber, wholesale druggist, registered pharmacist, registered 
physician, registered veterinarian, registered dentist, em- 
ployees of incorporated hospitals or those who are entitled 
by law to have possession of any of the above mentioned 



Acts, 1910. — Chap. 387. 321 

articles, such court or justice, if it appears that there is 
probable cause to believe that said complaint is true, shall 
issue a search warrant to a sheriff, deputy sheriff, city 
marshal, chief of police, deputy nuirshal, police officer or 
constable commanding him to search the premises in which 
it is alleged that such cocaine, alpha or beta eucaine, or any 
synthetic substitute for them, or any preparation containing 
the same, or any salts or compounds thereof arc kept or 
dej)osited, and to seize such cocaine, alpha or beta eucaine, 
or any synthetic substitute for them, or any preparation 
containing the same, or any salts or compounds thereof and 
securely keep the same until final action, and to arrest the 
person or persons in whose possession it is found, together 
with all persons present, and to return the warrant with his 
doings thereon as soon as may be to a court or trial justice 
having jurisdiction in the place in which such cocaine, 
alpha or beta eucaine, or any synthetic substitute for them, 
or any preparation containing the same, or any salts or com- 
pounds thereof are alleged to be kept or deposited. 

Section 8. If, after such notice as the court or trial Cocaine, etc., 
justice shall order, it appears that the cocaine, alpha or beta forfeited to 

tliB coiunioii" 

eucaine, or any synthetic substitute for them, or any prep- wealth, etc 
aration containing the same, or any salts or compounds 
thereof, seized according to the provisions of section seven 
of this act, was, at the time of making the complaint, in the 
possession of the person alleged therein in violation of law, 
the court or trial justice shall render judgment that such 
and so much of the cocaine, alpha or beta eucaine, or any 
synthetic substitute for them, or any preparation contain- 
ing the same, or any salts or compounds thereof, so seized 
as was so unlawfully kept, shall be forfeited to the common- 
wealth, and shall, by the authority of the written order of 
the court or trial justice, be forwarded by common carrier 
to the state board of health, which upon receipt of the same, 
shall notify said court or justice thereof. The said board 
shall sell the same, and after paying the cost of the trans- 
portation of the said cocaine, alpha or beta eucaine, or any 
synthetic substitute for them, or any preparation containing 
the same, or any salts or compounds thereof, it shall pay- 
over the net proceeds to the treasurer and receiver general. 

Sf.ction 9. It shall be the duty of the state board of skateboard 

•p • 1 • 1 health to 

health to cause the prosecution of all persons violating the cause prose- 

cixtion Gtc. 

provisions of this act, but no prosecutions shall be brought 



322 



Acts, 1910. — CuAr. 388. 



Repeal not 
to affect 
certain 
pending 
action, etc. 



Repeal. 



against any wholesale or retail druggist for the sale or for 
the gift or the exchange of any patent or proprietary prep- 
aration containing cocaine or alj^ha or beta eucaine, or any 
synthetic substitute for them, unless the said board has, 
2)rior to such sale, gift or exchange, given public notice in 
some trade journal that the gift, sale or exchange of the 
said patent or proprietary preparations, naming them, 
Avould be contrary to law. 

Section 10. The repeal of a law by this act shall not 
affect any action, suit or prosecution pending at the time 
of the repeal for an offence committed or for the recovery 
of a penalty or forfeiture incurred under any of the laws 
repealed. 

Section 11. Section three and section five of chapter 
three hundred and eighty-six of the acts of the year nine- 
teen hundred and six, and section four of the same chapter, 
as amended by section two of chapter three hundred and 
seventy-five of the acts of the year nineteen hundred and 
nine, and chapter three hundred and seven of the acts of the 
year nineteen hundred and eight, as amended in section two 
by section one of chapter three hundred and seventy-five of 
the acts of the year nineteen hundred and nine, are hereby 
repealed. Approved April 13, 1910. 



Appropriation 
for operating 
the North 
Metropolitan 
System of 
sewage 
disposal. 



Chap.SSS -^^^ Act making an appropriation for operating the 

NORTH METROPOLITAN SYSTEM OF SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one hundred and 
forty-nine thousand dollars is hereby appropriated, to be 
paid out of the North Metropolitan System Maintenance 
Fund, for the maintenance and operation of the system of 
sewage disposal for the cities included in what is known as 
the north metropolitan system, during tlfe fiscal year ending 
on the thirtieth day of November, nineteen hundred and 
ten. 

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

Approved April 13, 1910. 



Acts, 1910. — Chaps. 389, 390. 323 

An Act kelative to the punishment foe petit lar- Chap.3S9 

CENY. 

Be it enacted, etc., as follows: 

Section 1. Section thirty of chapter two hundred and f-^^- ^o^. 
eight of the Revised Laws is hereby amended by striking amended, 
out the word " fifteen ", in the sixth line, and inserting in 
phice thereof the words : — one hundred, — so as to read 
as follows : — Section 30. Whoever is convicted by a Penalty for 
police, district or municipal court or before a trial justice pTo'^pe"rt>°not 
of stealing money or goods not exceeding the value of five five*'doiTals 
dollars may be committed to the house of correction or '^^^^i"^^- 
w^orkhouse in the city or town in which the crime was com- 
mitted, for not more than six months ; or he may be pun- 
ished by a fine of not more than one hundred dollars, either 
with or without a condition, that, if it is not paid within 
a time specified, he shall be so committed for a term desig- 
nated in the sentence. 

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

Approved April 13, 1910. 



Chap:S90 



An Act relative to the duties of the board of regis- 
tration IN embalming. 

Be it enacted, etc., as folloivs: 

Section six of chapter four hundred and seventy-three 1905, 473, 
of the acts of the year nineteen hundred and five is hereby ^ ®' "^e^ded. 
amended by adding at the end thereof the following : — 
The board may expend annually, out of fees received and 
to be received under this act, a sum not exceeding five 
hundred dollars, for purposes of instruction, and for the 
dissemination of new and useful knowledge among and for 
the benefit of the licensed embalmers of the commonwealth. 
Such expenditures shall be charged as incidental expenses 
under the provisions of section five, — so as to read as fol- 
lows : — Section 6. The board shall from time to time Board of 
adopt rules and regulations not inconsistent with the pro- Simhlg" '"^ 
visions of this act and the statutes of the commonwealth ""j^'A^nf 
governing the care and disposition of human dead bodies regulations. 
and the business of embalming. The board may expend May expend 
annually, out of fees received and to be received under this amount 



act, a sum not exceeding five hundred dollars, for purposes ^'^^^'^ ^' 



324 



Acts, 1910. — Chap. 391. 



of instruc'tioii, aiul for (lie (.lissciniiiation of new and useful 
knowledge among and for the benelit of the licensed em- 
Lalniers of the coninit>n wealth. Such ex})enditui-es shall be 
charged as incidental expenses under the provisions of 
section five. Approved April 13, 1910. 



Nantucket 
Railroad 
Company 
incorporated. 



C/ir//).391 Ax Act to ixcoepouate the nantucket kailkoau 

COMPANY. 

Be it enacted, etc., as follows: 

Section 1. Ira L. McCord, Eliot Norton, Alexander 
IL Jackson, Warren N. Loss, William W. Mumford, Law- 
rence A. Ford, Henry Endicott, Junior, Frederic L). Web- 
ster, Erland F. Fish, their associates and successors, are 
hereby made a corporation by the name of the Nantucket 
Railroad Company, with the power to acquire, hold, use, 
maintain and operate the railroads and other property, 
rights and franchises, or any of them, now or heretofore 
belonging to, or that have been acquired by, the Nantucket 
Central Railroad Company, and with all the powers, rights, 
immunities and franchises which have been granted to or 
held by said last named company, or which are connected 
therewith ; and with the powers and privileges, and sub- 
ject to the duties, liabilities and restrictions set forth in 
all general laws now or hereafter in force applicable to 
railroad corporations. 

Section 2. The affairs of said corporation shall be man- 
aged by a board of not less than five nor more than nine 
directors, the number to be fixed by the by-laws. Its first 
board shall be chosen by the above named incorporators or a 
majority of them, who shall also adopt by-laws, which may 
provide as to the election and qualification of directors, and 
as to the classification of directors and their terms of office, 
and may provide that only a minority shall be elected an- 
nually. The said incorporators or a majority of them shall 
also make provision as to filling vacancies in the board, and 
otherwise as to the management of the affairs of the cor- 
poration ; and may adopt any other by-laws which shall be 
consistent with the general laws of this commonwealth and 
with the provisions hereof. 

Section 3. The capital stock of said corporation shall 
be one hundred and twenty-five thousand dollars. The 



Directors, 
election, etc. 



Vacancies. 



Capital 
stock. 



Acts, 1910. — Chap. 392. 325 

corporation may issue bonds for its corporate pnrposes, 
secured by mortgage of its property and franchise. The 
said stock and bonds shall be issued in accordance with the 
laws of this commonwealth relating to the issue of stock 
and bonds by railroad corporations, in force at the time 
when such issue is made. 

Section 4. The corporation hereby created may begin when corpora- 

. . «/ o tion may 

business upon filing with the secretary of the common- begin busi- 
wealth a list of its first board of directors and a copy of its 
by-laws. 

Sectiox 5. This act shall take effect upon its passage. 

Approved April 13, 1910. 

An Act relative to the enforcement of the laws (JJidn 392 

CONCERNING UNLICENSED AND UNCOLLARED DOGS. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and fifty-five of chap- r. l. 102, 
ter one hundred and two of the Revised Laws, as amended amended!' 
by chapter one hundred and forty-two of the acts of the 
year nineteen hundred and four and by chapter two hun- 
dred and forty-one of the acts of the year nineteen hundred 
and seven, is hereby further amended by striking out the 
words " a suitable person residing in the county who 
shall ", in the second and third lines, and inserting in place 
thereof the words : — • one and may appoint not more than 
four suitable persons, all residing in the county, any one 
of which persons shall, — by inserting after the word " per- 
son ", in the twenty-seventh line, the words : — or persons, 
— and by striking out the words "he is ", in the twenty- 
eighth and twenty-ninth lines, and inserting in place 
thereof the words : — they are, — so that said section will 
read as follows: — Section 155. The county commission- Appointment 
ers, except in the county of Suffolk, shall appoint one and t"o^^n"esUgate 
may api^oint not more than four suitable persons, all resid- tylHt^eiT^ 
ing in the county, any one of which persons shall, at the 
request of said commissioners, or of the chairman of the 
selectmen of a town or officer of the police designated as 
provided in section one hundred and fifty-one, investigate 
any case of damages done by a dog of which such com- 
missioners, chairman or officer shall have been informed as 
provided in said section, and if he believes that the evidence 
is sufficient to sustain an action against the owner or keeper 



326 Acts, 1910. — Chap. 393. 

of a dog as provided in section one hundred and sixty-two 
and believes that such owner or keeper is able to satisfy 
any judgment which may be recovered in such action, he 
shall, unless such owner or keeper before action brought 
pays him such amount in settlement of such damages as he 
deems reasonable, bring such action. It may be brought 
in his own name and in the county in which he resides, 
and he shall prosecute it. Said officer shall have concur- 
rent jurisdiction with the officer or officers appointed under 
authority of section one hundred and forty-three. All 
awards received or recovered by him in such actions shall 
be paid over to the county treasurer and placed to the 
Compensation, credit of the dog fund. The county treasurer shall pay 

removal, etc. j-iipi ii • i 

out 01 the dog fund such reasonable compensation as the 
county commissioners shall allow to such person for his 
services and necessary expenses and the reasonable expense 
of prosecuting such actions. The person or persons ap- 
pointed may be removed at any time by the county commis- 
sioners, and in counties in which they are appointed, the 
county treasurer shall not be authorized to bring such 
actions. 

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

Approved Ajjril 13, 1910. 

Chap.3d^ Ax Act relative to the annual report of the bank 

COMMISSIONER. 

Be it enacted, etc., as follows: 
190^8, 590, Section 1. Chapter five hundred and ninety of the 

amended. rjg^g ^f |}jp year ninctceu hundred and eight is hereby 

amended by striking out section fifteen and inserting in 
Annual ])lace thcrcof the following: — Section 15. On or before 

report of , , 

bank com- tlio third Wednesday in each January, the commissioner 
shall connnunicate to the general court an abstract of his 
report and such suggestions as he may consider expedient 
relative to the general conduct and condition of such banks 
and on or before March fifteenth a statement of the condi- 
tion of every incorporated bank, including incorporated 
banks in the hands of receivers, from which a report has 
been received for the preceding year, together with such 
other information relative to the affairs of the said banks 
as, in his opinion, the ])nl)lic interest may require. The 
bank commissioner is authorized to have printed five hun- 



missioner. 



Acts, 11)10. — Chaps. 394, 395. 327 

dred additional copies of the abstract of bis report and 
five hundred additional copies of the legal investments for 
savings banks as contained in said report. 

Section 2. This act shall take effect upon its ])assage. 

Approved April IS, 1910. 



An Act relative to the powers of the food and drug (37^^r).394 

INSPECTORS of THE STATE BOARD OF HEALTH. 

Be it enacted, etc., as follows: 

Inspectors of the state board of health, appointed under inspectors of 
the provisions of section five of chapter seventj-five of the oAeaith!^ 
Eevised Laws, shall have, in respect to milk, the power and p^^^''^' ''^''■ 
authority conferred upon milk inspectors of cities and 
towns. Approved April 13, 1910. 

An Act to authorize the town of whit^ian to make QJi(fp^^C)^ 

AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

The town of Whitman, for the purpose of extending and ^ddltkmai 
improving its water service, may borrow money from time ^pj^^f ^910.' 
to time and issue therefor negotiable bonds, notes or scrip 
to an amount not exceeding twenty-five thousand dollars 
in addition to the amounts heretofore authorized by law to 
be issued by the town for water purposes. Such bonds, 
notes or scrip shall be signed by the treasurer of the town 
and countersigned by the water commissioners, shall be 
denominated on the face thereof, Whitman Additional 
Water Loan, Act of 1910, shall be payable at the expira- 
tion of periods not exceeding twenty-five years from the 
dates of issue, and shall bear such rate of interest, not ex- 
ceeding four per cent per ainium, as the town may deter- 
mine. The town may sell such securities at public or 
private sale or pledge the same for not less than the par 
value thereof for money borrowed for the purposes afore- 
said upon such terms and conditions as it may deem proper, 
and shall provide for the payment thereof in such annual 
proportionate payments, beginning not more than five 
years after the date of issue, as will extinguish the same 
within the time prescribed in this act. At the time of ^f^,^^n°* 
issuing the said loan the town shall provide for raising 
by taxation the amount necessary to meet the interest and 



328 Acts, 1910. — Chaps. 396, 397. 

the proportion of the principal which becomes payable 
annually ; and when a vote to that effect has been passed 
the said ainonnt shall be raised annually by taxation in 
the same manner in which other taxes are assessed and 
collected, without further vote or action by the town. 

Approved April 13, 1910. 

Chaji.^^Q Ax Act to rRovinE for the appoixtmext of ax agext 

BY THE BOARD OF FREE PUBLIC LIBRARY C0:MMISSI0X- 
ERS AND FOR OTHER EXPEX^SES OF SAID BOARD. 

Be it enacted, etc., as follofrs: 
Agent of Sectiox 1. The board of free public library commis- 

boardoffree . in • • i i r> i 

public library sioncrs shall appoiiit an as'ent, with the consent of the 

commissionei's, , iiii i 

appointment, goveriior, at a salary to be approved by the governor and 
council, for a period not exceeding five years. The said 
agent may at any time be removed from office by a majority 
vote of the board. 

R.J.. 38, Sectiox 2. Section twelve of chapter thirty-eight of the 

amended. Jvcvised Laws is her(by amended bj' striking out the words 

" five hundred ", in the second line, and inserting in place 
thereof the words : — three thousand, - — so as to read as 

onjoardf f ollows : — Section 12. ISTo member shall receive any 

compensation, but the board may annually expend not 
more than three thousand dollars, payable by the common- 
wealth, for clerical assistance and for other necessary ex- 
penses. It shall annually in January make a report to the 
general court. 

Repeal. Section 3. All acts and parts of acts inconsistent here- 

with are hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approved April 13, 1910. 

Chap.'^^l Ax Act to require the display of lights at nujht by 

POWER BOATS. 

Be it enacted, etc., as folloirs: 

Tn 7ertai"n''' Section 1. All boats proiJcllcd by gasoline or naphtha, 

ponds, lake.s, or by stcam, electric or mechanical power, on ponds, lakes 

etc.. to display '' . ' , ..,..^ ,, ^ '. 

lights at night, aud pivcrs uot uiider the jurisdiction of the metropolitan 
])ark commission, when in use from one half hour after 
sunset until one half hour before sunrise, shall display a 
lifiht at the l)ows showincf white at the front and red at the 



Acts, 1910. — CiiArs. 398, 399. 329 

rear and of a power siilliciciit to be pluinly visible on a 
dark night with a clear atmosphere. 

Section 2. Any viohition of this act shall be punished '^^'^^^^y- 
by a fine of not less than five nor more than one hundred 

liars. Approved April IS, 1910. 



(to 



Ax Act relative to protection against forest fires. (7/i«r).398 
Be it enacted, etc., as fuUotrs: 

Section 1. Every town in the commonwealth with a Protection 
valuation of one million five hundred thousand dollars or gres. Certain 
less w^hich appropriates and expends money, W'ith the ap- rehnbursed 
proval of the state forester, for apparatus to be used in I'xpeuditure. 
l">reventing or extinguishing forest fires or for making pro- 
tective belts or zones as a defence against forest fires, shall 
be entitled, upon the recommendation of the state forester, 
approved by the governor, to receive from the treasury of 
the commoinvealth a sum equal to one half of the said 
expenditure, but no town shall receive more than two hun- 
dred and fifty dollars. 

Section 2. A sum not exceeding five thousand dollars Certain sum 
in any one year may be expended in carrying out the pro- expended, 
visions of this act. 

Section 3. This act shall take effect upon its passage. 

Approved April 13, 1910. 

An Act relative to proceedings against and the QJk^ij) 399 
liquidation of delinquent corporations and indi- 
vidual BANKERS SUBJECT TO THE SUPERVISION OF THE 
BANK COMMISSIONER. 

Be it enacted, etc., as follows: 

Section 1. In this act, unless the context otherwise Word "bank" 
requires, the word " bank " means a savings bank, co-oper- 
ative bank, trust company or any person, partnership, asso- 
ciation or corporation incorporated or doing a banking 
business in this commonwealth which is subject to the 
supervision of the bank commissioner. 

Section 2. Whenever it shall appear to the bank com- Bank com- 
missioner that any bank under his supervision has violated may take 
its charter or any law of the commonwealth, or is conduct- of pro^perty 
ing its business in an unsafe or unauthorized manner, or oU^^^^/n'^^'' 
that its capital is impaired, or if it shall refuse to submit t-^niil^ 
its books, papers and concerns to the inspection of said com- 



330 



Acts, 1910. — Chap. 309. 



To give 
notice, etc. 



To collect 
debts and 
claims, etc. 



The bank 
commissioner 
may prosecute 
and defend 
suits, etc. 



missioner or of his duly authorized agents, or if any officer 
of such bank shall refuse to be examined upon oath by the 
commissioner or his deputies touching its concerns, or if it 
shall suspend payment of its obligations, or if from an ex- 
amination or from a report provided for by law the bank 
commissioner shall have reason to conclude that such bank 
is in an unsound or unsafe condition to transact the business 
for which it is organized, or that it is unsafe and inex- 
pedient for it to continue business, the bank commissioner 
may take possession forthwith of the property and business 
of such bank and may retain possession thereof until the 
bank shall resume business or until its affairs shall finally 
be licjuidated as herein provided. 

Section 3. Upon taking possession of the property and 
business of any bank, the bank commissioner shall forth- 
with give notice of that fact to any and all banks, trust 
companies, associations and individuals holding or having 
possession of any assets of such bank. Xo bank, trust 
company, association or individual knowing that the bank 
commissioner has taken such possession, or having been no- 
tified thereof as aforesaid, shall have a lien or charge for 
any payment, advance or clearance thereafter made, or 
liability thereafter incurred, against any of the assets of the 
bank of whose property and business the bank commissioner 
shall have taken possession as aforesaid. Such bank may, 
with the consent of the bank commissioner, resume busi- 
ness upon such conditions as he may approve. 

Section 4. Upon taking possession of the property 
and business of such bank, the bank commissioner shall 
have authority to collect moneys due to the bank, and to do 
such other acts as are necessary to conserve its assets and 
business, and shall proceed to liquidate its affairs as herein- 
after provided. lie shall collect all debts due and claims 
belonging to it, and upon the order or decree of the supreme 
judicial court, or any justice thereof, may sell or compound 
all bad or doubtful debts, and on like order or decree may 
sell all, or any 'part of, the real and pei'sonal property of 
the bank on such terms as the court shall direct : and he 
may, if necessary to pay the debts of any such trust com- 
pany, enforce the individual liability of the stockholders. 

Section 5. For the pnr]>ose of executing and ])(M"form- 
ing the powers and duties hereby conferred u])on him, the 
bank commissioner may, in the iianic of any such delin- 



Acts, 1910. — Chap. 399. 331 

quent corporation or individual banker, prosecute and de- 
fend any and all suits and other legal proceedings and may, 
in the name of the delinquent corporation or individual 
banker, execute, acknowledge and deliver any and all deeds, 
assignment, releases and other instruments necessary and 
proper to effectuate any sale of real or personal property or 
any compromise authorized by the court as herein pro- 
vided ; and any deed or other instrument, executed pursuant 
to the authority hereby given, shall be valid and effectual 
for all purposes to the same extent as though the same had 
been executed by the officers of the delinquent corporation 
by authority of its board of directors or of its stockholders, 
or by the individual banker personally. In case any of the 
real property so sold is located in a county other than that 
in which the application to the court for leave to sell the 
same is made, the bank commissioner shall cause a certified 
copy of the order or decree of the court authorizing or 
ratifying such sale to be filed in the registry of deeds for 
the district in which the said real property is located. 

Section 0. The bank commissioner may, under his Appointment 
hand and official seal, appoint an agent or agents to assist etc. 
him in the duty of liquidation and distribution. The cer- 
tificate of the appointment of such agent or agents shall be 
filed in the office of the bank commissioner, and a certified 
copy thereof shall be filed in the office of the clerk of the 
supreme judicial court for the county in which the princi- 
pal office of such bank is located. The bank commissioner 
may from time to time authorize such agent or agents to 
perform such duties connected with said liquidation and 
distribution as he may deem proper. The bank commis- 
sioner may procure such expert assistance and advice as 
he may consider necessary in the liquidation and distribu- 
tion of the assets of such bank, and he may retain such of 
the officers or employees of the bank as he may deem neces- 
sary. The bank commissioner shall require from a special 
agent and from such assistants such security for the faith- 
ful discharge of their duty as he may deem proper. 

Section 7. Upon taking possession of the property and ^FIssetTto be 
assets of such bank, the bank commissioner shall make an made, etc. 
inventory of the assets of the bank in duplicate, one to be 
filed in the office of the bank commissioner and one in the 
office of the clerk of the supreme judicial court for the 
county in which the principal office of the bank is located. 



332 



Acts, 1910. — Chap. 399. 



Notice to per- 
sons having 
claims, etc. 



Certain 
claims may be 
rejected, etc. 



Duplicate 
li.st of 

claims to be 
made, etc. 



Supplement- 
ary list. 



Compensation 
of agents, 
etc. 



Section 8. The bank commissioner shall cause to be 
published weekly for three consecutive months, in such 
newspapers as he may direct, a notice calling on all persons 
Mdio may have claims against sUch bank to present the same 
to the bank commissioner and to make legal proof thereof 
at a place and in a time, not earlier than the last day of 
publication, to be therein specified. The bank commis- 
sioner shall mail a similar notice to all persons whose names 
appear as creditors upon the books of the bank, so far as 
their addresses are known. If the bank commissioner 
doubts the justice and validity of any claim, he may reject 
the same and serve notice of such objection upon the claim- 
ant either by mail or person. An affidavit of service of 
such notice, which shall be prima facie evidence thereof, 
shall be filed with the bank commissioner. An action upon 
the claim so rejected shall not be entertained unless brought 
within six months after such service. Claims presented 
after the expiration of the time specified in the notice to 
creditors shall be entitled to share in the distribution only 
to the extent of the assets in the hands of the bank commis- 
sioner equitably applicable thereto. 

Section 9. Upon the expiration of the time fixed for 
the presentation of claims, the bank commissioner shall 
make in duplicate a full and complete list of the claims 
presented, including and specifying such claims as have 
been rejected by him. One of said lists shall be filed in 
the office of the bank commissioner and the other in the 
office of the clerk of the supreme judicial court for the 
county in which the principal office of the bank is located. 
1'hereafter the ban.k commissioner shall make and file in 
said offices, at least fifteen days before every application 
to the court for leave to declare a dividend, a supplementary 
list of the claims presented since the last preceding list 
was filed, including and specifying such claims as have 
been rejected by him, and, m any event, he shall make and 
file the said list at least once in every six months after 
the filing of the original list, so long as he shall remain in 
possession of the property and business of the l)aiik. Said 
inventory and said list shall be open to inspection at all 
reasonable times. 

Section 10. The compensation of the special agents, 
connsel, employees and assistants, and all ex])onses of siijier- 
vision and liquidation shall be fixed by the bank commis- 



Acts, 1910. — Cuai'. :391). 333 

sioncr, subject to the Jipi)r()val of tlic siii)r('iiio judicial 
court for the county in wliicli the princi[)al (»tiicc of such 
bank is located, on notice to such bank and, ui)on the certifi- 
cate of the bank commissioner, shall be paid out of the 
funds of the bank in his hands. 

Section 11. At any time after the expiration of the Dividends, 
date fixed for the presentation of claims the supreme judi- 
cial court, upon the application of the bank commissioner, 
may authorize him to declare out of the funds remaining in 
his hands, after the payment of expenses, one or more divi- 
dends, and, after the expiration of one year from the first 
publication of notice to creditors, the bank commissioner 
may declare a final dividend, such dividends to be paid to 
such persons, in such amounts, and upon such notice as may 
be directed by the supreme judicial court for the county in 
which the principal ofiice of such bank was located, or as 
may be directed by a justice of said court. Objections to objections 
any claim not rejected by the bank commissioner may be etc. 
made by any person interested by filing a copy of such ob- 
jections with the bank commissioner, who shall present the 
same to the supreme judicial court at the time of the next 
application for leave to declare a dividend. The court Court to dis- 

J^i , ... . pose of objec- 

to which such application is made shall thereupon dispose tJons, etc. 
of said objections, or may refer them to a master for that 
purpose, and should the objections to any claim be sustained 
by the court or by the master no dividend thereon shall be 
paid by the bank commissioner until the claimant shall have 
established his claim by the judgment of a court of compe- 
tent jurisdiction. The court may make proper provision 
for unproved or unclaimed deposits. 

Section 12. Should any corporation or individual pi|?e,iew-^ 
banker, at the time when the bank commissioner takes pos- ^^^^' ***^- 
session of the property and business of such corporation or 
banker, have in its or his possession for safe keeping and 
storage, any jewelry, plate, money, securities, valuable 
papers or other valuable personal property, or should it 
or he have rented any box, safes, or safe deposit boxes, or 
any part thereof, for the storage of property of any kind, 
the bank commissioner may at any time after taking pos- 
session as aforesaid cause to be mailed to the person claim- 
ing to be, or appearing upon the books of the corporation or 
banker to be, the owner of such property, or to the person 
in whose name the safe, vault, or box stands, a notice in 



334 



Acts, 1910. 



Chap. 399. 



Deposits 
of plate, 
jewelry, etc. 



The bank 
commissioner 
may be en- 
joined from 
further pro- 
ceedings, etc. 



writing; in a securely closed postpaid, registered letter, 
directed to such })erson at his postoHice address as recorded 
upon the books of the corporation or banker, notifying such 
person to remove, within a period fixed by said notice and 
not less than sixty days from the date thereof, all such per- 
sonal property ; and upon the date fixed by said notice, the 
contract, if any, between such persons and the corporation 
or banker for the storage of said property, or for the use of 
said safe, vault or box, shall cease and determine, and the 
amount of the unearned rent or charges, if any, paid by 
such person shall become a debt of the corporation or banker 
to such person. If the property be not removed within the 
time fixed by the notice, the bank commissioner may make 
such disposition of said property as the supreme judicial 
court, upon aj^plication thereto, may direct ; and thereupon 
the bank commissioner may cause any safe, vault or box 
to be opened in his presence, or in the presence of one of 
his special agents and of a notary public not an ofiicer or in 
the employ of the corporation or banker, or of the bank 
commissioner, and the contents thereof, if any, to be sealed 
up by such notary public in a package upon which the 
notary public shall distinctly mark the name and address 
of the person in whose name such safe, vault or box stands 
upon the books of the corporation or banker, and shall at- 
tach thereto a list and description of the property therein. 
The package so sealed and addressed, together with the 
list and description may be kept by the bank commissioner 
in one of the general safes for boxes of the corporation or 
banker until delivered to the person whose name it bears, 
or may otherwise be disposed of as directed by the court. 

Section 13. Whenever any corporation or banker of 
whose property and business the bank commissioner has 
taken possession as aforesaid deems itself or himself ag- 
grieved thereby, it or he may, at any time within ten days 
after such taking possession, apply to the supreme judicial 
court for the county in which the principal office of the 
corporation or banker is located to enjoin further proceed- 
ings ; and said court, after citing the bank commissioner 
to show cause why further proceedings should not be en- 
joined, and after hearing the allegations and proofs of the 
parties and determining the facts, may, upon the merits, 
dismiss such a]iplication or may enjoin the bank commis- 
sioner from further proceedings and direct him to sur- 



Acts, 1910. — Chap. ;J99. 335 

render the said business and property to the corporation or 
banker. 

Section 14. Whenever the bank commissioner shall ^,jekh()iairs 
have paid to each and every depositor and creditor of such ^Yertai'n"'''^ 
corporation, not including stockholders, whose claim or *='*ses, etc. 
claims as snch creditor or depositor shall have been duly 
pro^'ed and allowed, the full amount of such claim, and 
shall have made proper provision for unclaimed and unpaid 
deposits or dividends, and shall have paid all the expenses 
of the liquidation, he shall call a meeting of the stockholders 
of the corporation by mailing notice thereof, not less than 
thirty days prior to the date of the meeting, to each stock- 
holder of record whose address is known, and also by pub- 
lishing notice of the meeting once a week for four successive 
weeks in some newspaper of general circulation published 
in the county where the principal office of the corporation, 
is located, the first publication to be not less than thirty 
days before the date appointed for the meeting. At such 
meeting the stockholders shall determine whether the bank 
commissioner shall be continued as liquidator and shall 
wind up the affairs of the corporation, or whether an agent 
or agents shall be elected for that purpose, and in so deter- 
mining the stockholders shall vote by baflot, in person or 
by proxy, each share of stock entitling the holder to one 
vote; and a majority of the stock shall be necessary for the 
determination. In case it is determined to continue the 
liquidation under the bank commissioner, he shall complete 
the liquidation and, after paying the expenses thereof, he 
shall distribute the proceeds remaining among the stock- 
holders in proportion to their several holdings of stock, in 
such manner and upon such notice as may be directed by 
the supreme judicial court. In case it is determined to stockholders 
appoint an agent or agents to liquidate, the stockholders ^g^enfs^etc"* 
shall thereupon select such agent or agents by ballot, a ma- 
jority of the stock present and voting, in person or by 
proxy, being necessary to a choice. Such agent or agents 
shall execute and file with the bank commissioner a bond to 
the treasurer and receiver general of the commonwealth in 
such amount, with such sureties and in such form as shall 
be approved by the bank commissioner, conditioned for the 
faithful performance of all the duties of his or their trust, 
and thereupon the bank commissioner shall transfer and 
deliver to such agent or agents all undivided, uncollected 



336 Acts, 1910. — Chap. 399. 

or otber assets of the corporation then remaining in his 
hands. Upon snch transfer and delivery, the bank eoni- 
missioner shall be discharged from any and all fnrther 
liability to snch corporation. Said agent or agents shall 
convert into cash the assets coming into his or their posses- 
sion and shall acconnt for and make distribution of the 
property of the corporation as provided in the case of dis- 
tribution by the bank commissioner, except that the ex- 
I)enses thereof shall be suliject to the direction and control 
of the supreme judicial court. In case of the death, re- 
moval or refusal to act of any such agent or agents the 
stockholders, on the like notice, to be given by the bank 
commissioner upon proof of such death, removal or refusal 
to act being filed with him, and by the like vote herein- 
before provided, may elect a successor, who shall have the 
same powers and be subject to the same liabilities and 
duties as the agent originallv elected. 
doposuT'^ftc Section 15. Dividends and unclaimed deposits re- 

to be deposited niainiug unpaid in the possession of the bank commissioner 

in triist etc 

for six months after the order for final distribution shall be 
deposited by him in one or more national banks, savings 
banks or trust companies to the credit of the bank commis- 
sioner in his official capacity, in trust for the several de- 
positors with, and creditors of, the liquidated corporation 
from which they were received, according to the several 
interests of the persons entitled thereto. The bank com- 
missioner shall state annually in his report to the general 
court the names of corporations, including individual bank- 
ers, so taken possession of and liquidated and the amounts 
of unclaimed and unpaid deposits or dividends with respect 
to every such corporation and banker. The bank commis- 
sioner may pay over the money so held by him to the per- 
sons respectively entitled thereto ujion being furnished 
satisfactory evidence of their right to the same. In cases 
of doubt or of conflicting claims he may require an order of 
the supreme judicial court authorizing and directing the 
payment thereof. He may apply the interest earned by 
the moneys so held or deposited by him toward defraying 
the expenses incurred in the payment and distribution of 
such unclaimed deposits or dividends to the depositors and 
creditors entitled to receive the same, and he shall include 
in his annual re])ort to the general court a statement of the 
interest earned by such unclaimed di^■idends and deposits. 



Acts, 1910. — Chaps. 400, 101. 337 

Skctiox IC). The supreme judicial court, or any justice Jurisdiction 
thereof, shall liave jurisdiction in ('<iuity to enforce the pro- 
visions of this act and to act upon all a[)piications and in all 
proceedings, thereunder. 

Sp:c'tion 17. Sections nine, ten and eleven of chapter Repeal, 
five hundred and ninety of the acts of the year nineteen 
hundred and eight arc hereby repealed. 

Section 18. This act shall take effect ujwn its passage. 

Approved April IJ^, 1910. 

An Act to autiiorizk cities and towns to regulate (J]i(irf 4()0 
THE business of renting boats or bathing suits for 

USE ON great ponds. 

Be it enacted, etc., as follows: 

Section 1. Any city bv majority vote of its city council Re?"iating 

c/t/ty.jt/ . "^ I, tlie business 

and any town by majority vote at a town meeting lawfully of reming 
called for the purpose, may prohibit any person from carry- grecat' ponds. 
ing on the business of renting boats or bathing suits for use 
upon or in so much of the waters of any great pond as are 
situated within the city or town w^ithout fir.st obtaining a 
license so to do from the board of aldermen of the city or 
the selectmen of the town. 

Section 2. It shall be the duty of the board of alder- Notices to be 
men of such cities and the selectmen of such towns as shall p"^'*''*' ''*''• 
so vote to cause to be posted in several conspicuous places 
in the immediate vicinity of such ponds notices stating that 
the city or town has so voted. 

Section 3. Any person who shall, without first obtain- Penalty. 
ing a license as aforesaid, engage in the business of renting 
boats or bathing suits for use upon or in such of the waters 
of any great pond as lie within a city or town which has 
voted as provided in section one of this act, shall be pun- 
ished by a fine of not more than ten dollars for each oifence. 

Approved April IJj, 1910. 



ChapAOl 



An Act relative to the board of railroad commis- 
sioners and to the railroad and railway inspec- 
tors. 

Be it enacted, etc., as follows: 

Section 1. Part I of chapter four hundred and sixty- looe, 463, 
three of the acts of the year nineteen hundred and six is rmendel^' 



338 Acts, 1910. — Chap. 402. 

hereby amended bj striking out section two and inserting in 
Salaries of place thereof the following: — Section 2. The annual 
skmers. Salary of the chairman of the board of railroad commis- 

cierks, etc. gionors shall be six thousand dollars, and that of the other 
commissioners five thousand dollars each ; of the clerk, 
three thousand dollars ; of the assistant clerk, eighteen hun- 
dred dollars ; and of each railroad and railway inspector, 
two thousand dollars ; payable by the commonwealth. The 
commissioners shall be provided with an office in the state 
house or in some other suitable place in the city of Boston, 
in which their records shall be kept. In the performance 
of their duties they shall be transported over the railroads 
and railway's of this commonwealth free of charge, and may 
take with them experts and other. agents whose services they 
consider temporarily of importance. The board may ex- 
jiend annually su(di sum as the general court may from year 
to year appropriate in procuring necessary books, maps, 
statistics and stationery, and in defraying expenses inci- 
dental and necessary to the performance of its duties, and 
not more than twenty-five hundred dollars annually in de- 
fraying the compensation of an accountant. A statement 
of such expenditures shall accompany its annual report. 
Repeal. Section 2. Chapter four hundred and seventeen of the 

acts of the year nineteen hundred and six is hereby re- 
pealed. 

Section 3. This act shall take effect on the first day 
of December, nineteen hundred and ten. 

Approved April 15, 1910. 

ChapA02 Ax Act to ArTJioKizE the town of middletox to 

SUPPLY ITSELF AND ITS INHABITANTS WITH WATER. 

IJe it enacted, etc., as follows: 
Thoiown.if Section 1. The town of Middleton may supply itself 

Middlctoii ... . . . 

iiiay supi.iy aiid its inhabitants with water for the extinguishment of 
water. 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, 
water^etc Section 2. Said towu, for the purposes aforesaid, may 

take directly from ^fiddleton pond and Swan's pond in the 
town of JSTorth Jxcading so much of the waters thereof and 
of the waters which flow into and from the same as it may 



Acts, 1910. — Chap. 402. 339 

require and, except as hereinafter provided, it may also 
lake, or acquire by purchase or otherwise, and hold all 
lands, rights of way and easements necessary for collecting, 
storing, holding, purifying and preserving the purity of 
the water, and for conveying the same to any part of the 
said town. The town may construct on the lands acquired ^'*t^'/°"g*'""*'* 
and held under the provisions of this act proper dams, reser- 
voirs, standpipcs, tanks, buildings, fixtures and other struc- 
tures, and may make excavations, procure and operate 
machinery and provide such other means and appliances 
and do such other things as may be necessary for the estab- 
lishment and maintenance of complete and effective water 
works ; and for that purpose may construct wells and reser- 
voirs and establish pumping works, and may construct, lay 
and maintain aqueducts, conduits, pipes and other works 
under or over any land, water courses, railroads, railways 
and public or other ways, and along such ways in the town 
of Middleton, in such manner as not unnecessarily to ob- 
struct the same ; and for the purpose of constructing, lay- 
ing, maintjiining, 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 possibl'e hindrance to public travel. 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. 

Sectioim^ 3. Said town shall, within ninety days after Description 
the taking of any lands, rights of way, or easements as eL'^tobe 
aforesaid, otherwise than l)y purchase, file and cause to be recorded, 
recorded in the Essex south district registry of deeds, a 
description thereof sufficiently accurate for identification, 
Avith a statement of the purpose for which the same were 
taken, signed by the water commissioners hereinafter pro- 
vided for. The title to all land taken, purchased or ac- 
quired in any way under the provisions of this act shall vest 
in the town of Middleton, and the land so acquired may be 
managed, improved and controlled by the board of water 
commissioners hereinafter ]n'ovided for. in such manner as 
it shall deem for the best interest of said town. 



340 



Acts, 1910. — Chap. 102. 



Damages. 



Town of 
Middleton 
Water Loan, 
Act of 1910. 



Proviso. 



Payment of 
loan. 



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, or easement, or by any other 
thing done by said town under authority of this act. Any 
person or corporation sustaining damages as aforesaid, and 
failing to agree with said town as to the amount thereof, 
may haA'e the same determined in the manner provided by 
law in the case of land taken for the laying out of highways, 
on application at any time within the period of two years 
after the taking of such land or other property or the doing 
of other injury under authority of this act ; but no such ap- 
plication shall be made after the expiration of the said two 
years. 

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 thousand 
dollars. Such bonds, notes or scrip shall bear on their 
face the words, Town of Middleton Water Loan, Act of 
1910; shall be payable at the expiration of periods not ex- 
ceeding thirty years from the dates of issue ; shall bear in- 
terest, payable semi-annually, at a rate not exceeding four 
per cent per annum ; and shall be signed by the treasurer 
of the town and countersigned by the water commissioners 
hereinafter provided for. Said town may sell such securi- 
ties at public or private sale, or pledge the same for money 
borrowed for the purposes of this act, upon such terms and 
conditions as it may deem proper: provided, that the securi- 
ties shall not be sold for less than their par value. 

Section 6. Said town shall at the time of authorizing 
said loan provide for the payment thereof in such annual 
proportionate payments, beginning not more than 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 make such payments on 
the principal as may be required under the provisions of 
this act, shall, without further vote, be assessed by the asses- 
sors of the town in each year thereafter, in the same manner 



Acts, 1910. — Chap. 402. 341 

in wbicli other taxes are assessed, until the debt incurred 
by said loan is extinguished. 

Section 7. Whoever wilfully or wantonly corrupts, Penaityfor 
pollutes or diverts any water taken or held under this act, water%'tc!" 
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 wilful 
or wanton acts shall be punished by a fine not exceeding 
three hundred dollars or by imprisonment in jail for a term 
not exceeding one year. 

Section 8. Said town shall, after its acceptance of this Water com- 
act, at a legal meeting called for the purpose, elect by ballot election, 
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 
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 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 commis- Quorum, 
sioners shall constitute a quorum for the transaction of 
business. Any vacancy occurring in said board from any Vacancy, 
cause may be filled for the remainder of the unexpired 
term by the town at any legal town meeting called for the 
]mi-pose. Any such vacancy may be filled temporarily by a 
majority vote of the selectmen, and the person so ai^pointed 
shall hold office until the town fills the vacancy in the 
manner provided herein. 

Section 9. Said commissioners shall fix just and equi- Jt° ^ f o'i^?se of 
table prices and rates for the use of water, and shall pre- water, etc 
scribe the time and manner of payment. The income of 
the water works shall be applied to defraying all operating- 
expenses, interest charges and payments on the principiil as 
the}^ accrue upon any bonds, notes or scrip issued under 
authority of this act. If there should be a net surplus re- 
maining after providing for the aforesaid charges it shall be 
used for such new construction as the water commissioners 



342 



Acts, 1910. — CuAr. 402. 



Report. 



To pay cer- 
tain portion 
of expense 
to the town 
of Danvers, 
etc. 



Expense of 
connecting 
Middleton 
pond with 
Swan's pond. 



Certain land, 
etc., already 
taken not to be 
interfered 
with, etc. 



Proviso. 



mav determine upon, and in case a surplus should remain 
after payment for such new construction, the water rates 
shall be reduced proportionately. IsTo money shall be ex- 
l)ended in new construction by the water commissioners 
except from the net surplus aforesaid, unless the town 
appropriates and provides money therefor. Said com- 
missioners 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^ includ- 
ing an account of receipts and expenditures. 

Section 10. The town of Middleton shall, \^^ou the 
completion of its system of water works herein authorized, 
or as soon as it shall have begun to supply its inhabitants 
with water indejiendently of the works of the town of 
Danvers, pay to the town of Danvers one fourth of the 
expense heretofore sustained by the town of Danvers on 
account of the payment of damages and costs for land 
situated around the margin of JMiddleton pond, and around 
the margin of Swan's j)ond in the town of I^orth Heading, 
purchased or taken for the purj^oses of the preservation 
and purity of the waters thereof, and upon said payment 
by the town of J\liddleton to the town of Danvers, the town 
of Danvers shall execute and record a declaration of trust 
in or concerning said lands declaring that one undivided 
fourth part of the same is held in trust for the town of 
]\Iiddleton and that the town of Middleton is entitled to the 
beneficial enjoyment of one undivided fourth part thereof. 

Sectio:^ 11. When a new conduit is built connecting 
^fiddkton pond with Swan's pond the town of ^liddleton 
shall pay one fourth of the expense thereof and the town 
of Danvers shall pay the remainder. 

Section 12. The town of Middleton shall not take any 
land, rights of way or easements which have been taken or 
purchased by the town of Danvers, under authority of 
chapter one hundred and ninety-one of the acts of the year 
eighteen hundred and seventy-four, nor interfere with any 
water works which have been or may hereafter be con- 
structed, or may be in ])rocess of construction by the town 
of Danvers under said authority: provided., that the to^\^l of 
Middleton may lay and maintain a water pipe, or intake 
main, and construct the works necessary therefor to said 
pond through any part of the land so taken or purchased 
l»y the tfiwii of Danvers, l)ut not within twenty rods of the 



Acts, 1910. — Chap. 403. 3i3 

pumping station of the town of Danvers, now situate on 
the borders of said jjond. And the town of Middleton may 
draw from said pond such water as it may require without 
paying or in any way compensating the town of Danvers 
therefor ; but if for any reason the water in said pond is in- 
sufficient to supply the needs of the inhabitants of both of 
said towns, then so long as the supply remains insufficient 
the town of Middleton shall take from such pond only so 
much water as shall bear the same proportion to the water 
taken by the town of Danvers from said pond as the number 
of inhabitants of the town of Middleton bears to the number 
of inhabitants of the town of Danvers, and the register of 
the amount of water taken by either party shall at all 
times be open to the inspection of the other party. 

Section 13. Authority is hereby granted to connect the Authority to 
water works herein authorized of the town of Middleton l^nnecUou,'" 
with the water works of the town of Danvers, established '^*''' 
under chapter one hundred and ninety-one of the acts of the 
year eighteen hundred and seventj^-four, if the boards of 
water commissioners of said towns agree thereto. 

Section 14. Authority is hereby granted to the town Towns of 
of Danvers and to the town of Middleton to enter into a M?ddie\on° 
contract with each other, through the board of water com- wfth eacii''*^* 
missioners of each of said towns for a supply of water, and °*'*'^''- 
to furnish such supply. 

Section 15. JSTothina: in this act shall aifect the right Not to affect 

/.-»-riT-»T 1 n c-t t certain right 

01 the town of JNorth Heading to draw water from Swans of town of 

T ^ North 

pond. Reading. 

Section 10. This act shall take effect upon its ac- Time of 
ceptance by a majority vote of the legal voters of the town ^ '"^^ 
of Middleton, present and voting thereon at a legal meeting 
called for the purpose within three years after its passage ; 
and for the purpose of being submitted to the voters as 
aforesaid this act shall take effect upon its passage. 

Approved- April 15, 1910. 



ChapAOS 



An Act to authorize the abatement of taxes assessed 
upon land owned by the first congregational par- 
ish of milfoed. 

Be it enacted, etc., as folloivs: 

Section 1. The assessors of the town of IMilford are Certain taxes 
hereby authorized to abate the tax assessed in the year nine- ^^^^^^' ^^''' 



3^4 



Acts, 1910. — Chap. 404. 



teen liuiKlrod and nine to the First Congregational Parish 
of Milford upon the triangular parcel of land bounded by 
Park, Main and Congress streets, in front of the church 
building of said parish. Said land shall hereafter be ex- 
empt from taxation so long as it remains uninclosed and 
used by said parish as it has been used heretofore. 

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

Approved April 15, 1910. 



(JhapA04: An Act relative to the employment in dangerous 

TRADES OF MINORS UNDER THE AGE OF EIGHTEEN YEARS. 

Be it enacted, etc., as follows: 

Chapter five hundred and fourteen of the acts of the 
year nineteen hundred and nine is hereby amended by 
striking out section seventy-five and inserting in place there- 



1909, 514, 
§ 75, 
amended. 



Employment 
of minors in 
the manufac- 
ture of acids, 
etc. 



of the following: — Section 75. The state board of health 
may from time to time upon the written application of any 
citizen of the commonwealth, or upon its own initiative, 
after such investigation as it considers necessary determine 
whether or not any particular trade, process of manufac- 
ture or occupation, or any particular method of carrying 
on such trade, process of manufacture or occupation, is 
sufficiently injurious to the health of minors under eight- 
een years of age employed therein to justify their exclusion 
therefrom, and every decision so rendered shall be conclu- 
sive evidence of the facts involved therein, except so far as 
the same may later be revoked or modified by a subsequent 
decision of the board. Whoever, after being notified that 
the state board of health has determined that a particular 
trade, process of manufacture, occupation or method is 
injurious as above stated, employs therein a minor under 
eight(>('n years of age shall he punished by a fine of not 
more than two hundred dollars and not less than fifty dol- 
lars for each ofi^ence, unless ])rior to the time of such em- 
ployment such determination shall have been revoked or 
modified so as not to include the em])loyment complained 
of. Approved April 16, 1910. 



Acts, 1910. — Chaps. 405, 406. 345 



An Act relative to the duties of inspectors of fjj^njy 405 

HEALTH^ AND TO THE STATE BOARD OF HEALTH. 

Be it enacted, etc.. as folloirs: 

Section 1. The state inspectors of health, in addition Examination 
to the duties provided for bj chapter five hundred and ofpoi'^esu- 
thirty-seven of the acts of the year nineteen hundred and etc!* *'""'*''''*' 
seven, shall annually make such examination of police 
station houses, lock-ups and houses of detention as in the 
opinion of the state board of health may be necessary to 
ascertain the sanitary condition of such houses and lock-ups. 

Section 2. The state board of health shall make rules The state 
for police station houses, lock-ups and houses of detention, health to 
regarding the care and use of drinking cups and of dishes e'tc.''^"^^' 
used for food ; the care and use of bedding, and the ventila- 
tion of the buildings. Such rules may be general, or may 
be applicable to a single station house, house of detention 
or lock-up ; and a copy thereof shall be sent by said board 
to the mayor of every city and to the selectmen of every 
town to which the rules apply. It shall be the duty of the 
mayors of cities and the selectmen of towns to which the 
rules so made ap])ly to see that the rules are enforced. 

Section 3. No station house, house of detention or Plans to be 
lock-up shall be built hereafter until the state board of ' ' 
health has approved in writing the plans, provisions for 
lighting, heating and ventilation and the disposal of sew- 
age, and the dimensions and form of construction of the 
cells. 

Section 4. In order to carry out the provisions of this Expenditure. 
act there may be expended from the treasury of the com- 
monwealth, annually, a sum not exceeding eight hundred 
dollars in addition to the five thousand dollars authorized 
by section seven of chapter five hundred and thirty-seven 
of the acts of the year nineteen hundred and seven. 

Section 5. This act shall take efl^ect upon its passage. 

Approved April 16, 1910. 



An Act. relative to a water loan to be issued by the 

TOWN OF ] 

Be it enacted, etc., as follows: 

Section 1. Section six oi 
eighty-six of the acts of the year nineteen hundred and 



^ C/^a^.406 

TOWN OF RUSSELL. 



Section 1. Section six of chapter one hundred and §^6°^amended 



346 Acts, 1910. — Chap. 407. 

three is lierebv amended by striking out tlie word " twelve ", 
in the fourth line, and inserting in phice thereof the word: 
Russell — twenty-two, — so as to read as follows : — Section 6. 

Said town may, for the purpose of paying the necessary ex- 
penses and liabilities incurred under the provisions of this 
act, issue from time to time, bonds, notes or scrip to an 
amount not exceeding twenty-two thousand dollars. Such 
bonds, notes or scrip shall bear on the face thereof the 
words, Russell Water Loan, 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 town and countersigned by 
the water commissioners hereinafter provided for. Said 
town may sell such securities at public or private sale at 
not less than par, or pledge the same for money borrowed 
for the purposes of this act, upon such terms and conditions 
as it may deem proper. 

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

Approved April 16, 1910. 

CJiCipAOl Ax Act to increase the ajniount of money that may be 

RAISED BY TAXATION IN THE FIRE DISTRICT OF THE TOWN 
OF HUNTINGTON. 

Be it enacted, etc., as follows: 
1898, 343 Section four of chapter three hundred and forty-three 

§ 4 uin6nu6Q. , , 

of the acts of the year eighteen hundred and ninety-eight 
is hereby amended by striking out the word '^ tenth ", in 
the last line but one of said section, and inserting in place 
1 hereof the word: — fifth, — so as to read as follows: — 
Prudential Section Ji. Said district may, at meetine-s called for that 

committee ^ , '' ' ~ _ 

to expend purpose, raisc money for the purijose of carrvino- out the 

money, etc. ' ' . . ' <> i • i • i ^ • i ' •' in 

provisions ol this act ; and said prudential committee sliaJl 
expend the same for the purposes designated by vote of the 
district. Every member of said committee shall be ac- 
countable to said district for any money received by him, 
and said district may maintain a suit therefor in the name 
of the inhabitants of said district. Said committee shall 
not expend any money which has not been duly appropri- 
ated by the district, and shall have no authority to bind the 
district to the payment of money in excess of its appropria- 
tion or for any purpose not specified by the vote of the dis- 



Acts, 1910. — Chaps. 408, 409. 347 

triet fippropriating the same. But said district sliall not 
during any year raise by taxation any amount of money ex- 
ceeding one fifth of one per cent of the taxable property 
in said district. Approved April 10, 1910. 

An Act relative to the expense of maintaining and /^/^^^ ^Qg 

OPERATING A CERTAIN BRIDGE ACROSS THE MERRIMAC 
RIVER IN THE CITY OF HAVERHILL. 

Be it enacted, etc., as follows: 

Section 1. The expense of maintaining and operating Maintenance 
the Haverhill bridge, so-called, across the Merrimac river b!.idge,ra«-oss 
in the city of Haverhill, shall in the first instance be paid ^^^f^^lf^"" 
out of the treasury of the county of Essex. The county 
commissioners of the said county shall have full control 
of the bridge, and shall annually in the month of jSTovem- 
ber submit to the treasurer of the said city a true statement 
of the expense of maintenance and operation of the bridge ; 
and within thirty days thereafter the said city shall pay 
into the treasury of the county of Essex sixty per cent of 
said expense plus a proportion of the total excise and 
franchise taxes received by said city on account of any 
street railway company having a location upon said bridge 
equivalent to the proportion of its mileage located upon said 
bridge to its total mileage determined according to law; 
and if the said city shall neglect or refuse to pay the amount 
of sixty per cent and the taxes as aforesaid, the said com- 
missioners shall, after notice to the city, issue a warrant 
for the amount determined as aforesaid, with interest, and 
the costs of notice and warrant, and the same shall be col- 
lected and paid into the treasury of said county, to be 
ajjplied in payment of the expense aforesaid. 

Section 2. All acts and parts of acts inconsistent here- Repeal, 
with are hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved April IG, 1910. 

An Act to authorize the fire district in the town (J]iar).4.0^ 
of dalton to take water from a certain brook in 

the town of HINSDALE. 

Be it enacted, etc., as follows: 

Section 1. The fire district of the town of Dalton, for waters of 
the purposes mentioned in section one of chapter one hun- iifthe'town'of 



348 



Acts, 1910. — Chap. 109. 



Hinsdale, 
may be 
taken, etc. 



Dams, reser- 
voirs, etc., 
may be 
constructed, 
etc. 



Not to enter 
upon the loca- 
tion of a 
railroad 
corporation, 
except, etc. 



dred and thirty-seven of the acts of the year eighteen hun- 
dred and eightv-four, may take or acquire by purchase or 
otherwise and hold the waters of Cady brook, so-called, 
in the town of Hinsdale, and for the purpose of connecting 
the same with its existing works may extend the water pipes 
of said district into the towns of Hinsdale and Windsor; 
may take, or acquire by purchase or otherwise, the water 
rights connected therewith; and may also take, or acquire 
by purchase or otherwise, and hold all lands, rights of way 
and easements in the towns of Dalton, Hinsdale and Wind- 
sor which may be necessary for collecting, storing, holding, 
purifying and preserving the purity of the water and for 
conveying the same to any part of said district: provided, 
liowever, that no source of water supply and no lands neces- 
sary 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, wells or other works to be used as sources of 
water supply under this act shall be subject to the approval 
of said board. Said district may construct on the lands 
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 con- 
struct, 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 towns of Dalton, Hinsdale or Windsor, in such 
manner as not unnecessarily to obstruct the same ; and for 
the purpf)se of constructing, laying, maintaining, operat- 
ing and repairing such conduits, pipes and other works, and 
for all proper purposes of this act, said district may dig 
up or raise and embank any such lands, highways or other 
ways in such manner as to cause the least hindrance to 
public travel on such ways ; but all things done upon any 
such ways shall be subject to the direction of the selectmen 
of the town in which such ways are situated. Said district 
shall not enter upon, construct or lay any conduits, ])ipes or 
other works within the location of any railroad corporation, 



Acts, 11)10. — Chap. 409. 349 

except at such limes and in such manuer as it may agree 
upou with such corpuraliou, or, in case of failure so to 
agree, as nuiy be approved by the board of raih-oad c(niimis- 
sioners. 

Section 2. Said lire district shall, within ninety days Description 
after the taking of any lands, rights of way, water rights, etc., taken to 
water sources or easements as aforesaid, otherwise than by et^c!"*''"^ ^ ' 
purchase, 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 commis- 
sioners of said district. The title to all land taken, pur- 
chased or acquired in any way under the provisions of this 
act shall vest in said fire district, and the land so acquired 
may be managed, improved and controlled by the board of 
water commissioners of said district in such manner as it 
shall deem for the best interest of said district. 

Section 3. Said fire district shall pay all damages to Damages, 
property sustained by any person or corporation by the 
taking of any land, right of way, water, water source, water 
right or easement, or by anything done by said district 
under authority of this act. Any person or corporation 
sustaining damages as aforesaid, who fails to agree with 
said district as to the amount thereof, may have the same 
determined in the manner provided by law in the case of 
land taken for the laying out of highways, on application 
at any time within two years after the taking of such land 
or other property or the doing of other injury under author- 
ity of this act ; but no such application shall be made after 
the expiration of the said two years, and no application for 
assessment of damages shall be made for the taking of any 
water, water right, or for any injury thereto, until the 
water is actually withdrawn or diverted by said district 
under authority of this act. 

Section 4. Said fire district, for the purpose of paving Daiton Fire 

X ./ o £)istrict Water 

the necessary expenses and liabilities incurred under the Loan, Act of 
provisions 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, Daiton Fire District Water Loan, Act of 1910; 
shall be payable at the expiration of periods not exceeding 
thirty years from the dates of issue ; shall bear interest pay- 



350 Acts, 1910. — Chai'. 410 



aLle semi-annually at a rate not exceeding four per cent per 
annum; and shall be signed bj the treasurer of the district 
and countersigned bj 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 

Proviso. proper: provided, that such securities shall not be sold for 

less than the par value thereof. 

Payment Skction 5. Said firc district shall, at the time of author- 

of loan. . . -IT 1 i» 1 !• • 

izmg said loan, provide for the payment thereof m such 
annual payments, as nearly equal in amount as practicable, 
as will extinguish the same within the time ]n-escribed by 
this act ; and when a vote to that eti'cct 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 district and to 
make such payments on the principal as may be re(|uired 
under the provisions of this act, shall without further vote 
be assessed and collected by said fire district in each year 
thereafter as provided in said chaj^ter one hundred and 
thirty-seven. 

Section 6. This act shall take effect upon its passage. 

Approved April 10, 1910. 

ChapAXO Ax Act to authorize the trustees under the wiel of 

ABBIE A. COBURN TO CONVEY AN ESTATE TO THE COBURN 
CHAKITABEE SOCIETY. 

Be it enacted, etc., as follows: 
Trustees Section 1. The trustecs, duly appointed under the will 

under tno t/ a x 

will of Abbie of Abbie A. Coburn, late of Ipswich, of a gift for the estab- 
niay transfer Hsliment aiul maintenance of the Lucy B. Coburn Home for 
property, etc. ^^^ Aged, which wiU was proved and allowed in the pro- 
bate court for the county of Essex on the fifteenth day of 
February in the year eighteen hundred and ninety-two, are 
hereby authorized to convey, transfer, assign and set over 
all the property, both real and personal, in their hands 
under the said will to the Coburn Charitable Society, a cor- 
poration organized under the general laws of the common- 
wealth, to be held by said corporation forever upon the same 
trusts upon which it is now held by the said trustees. The 
Coburn Charitable Society is hereby authorized to receive 



Acts, 19J0. — Chaps. 411, 412. 351 

said property upon said trusts, and shall have all the powers 
and be subject to all the duties in relation to said property 
given to and imposed upon said trustees by the will of 
Abbie A. Coburn. The conveyance by said trustees to said [^.Xlfu'n"^*' 
corporation, when made by the trustees and accepted by the {'.yX' trustees 
corporation, shall be a full execution of their trust by the onheir trust, 
trustees, and thereupon they shall be discharged from all 
future duties and obligations as such trustees. The Coburn 
Charitable Society shall not be required to be appointed to 
said trust by the probate court, nor shall any of its trustees 
or other officers be required to be so appointed, nor shall it 
be required to render any account to the probate court ; but 
nothing herein contained shall be construed to imj^air the 
jurisdiction of courts of equity over the subject-matter of 
said trust. Nothing in this section shall be taken to author- 
ize the trustees to exercise the powers hereby granted uidess 
they shall first have brought a petition in the supreme judi- 
cial court for instructions, and shall have been instructed 
by said court that they may proceed under this act. 

StcTioN 2. This act shall take eifect upon its passage. 

Approved April 16, 1910. 

K^ Act eelative to the settlement of estates of (JJianAW 

DECEASED PERSONS. 

Be it enacted, etc., as follows: 

Section 1. The probate court may, upon such notice Administrator 
as it considers reasonable, authorize an administrator or may continue 
executor to continue the business of the deceased, for the of^deceased^ 
benefit of his estate, for a period stated in the decree. Such p*^''^*'"' ^^''• 
period shall not extend more than one year beyond the 
final appointment and qualification of the administrator or 
executor. 

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

Appi^oved April 16, 1910. 

An Act relative to annual and other reports of city ChapA12 

AND town officials. 

Be it enacted, etc., as follows: 

Section 1. ISo city or town, and no department or offi- Publication 
cial of any city or town in this commonwealth, shall publish information 
in any annual or other report for general distribution to the ^'^^ ' ''^ ' 



352 Acts, 1910. — Chaps. 413, 411. 

public, or to the citizens of any city or town, the names of 
persons assisted in any way by the poor department of any 
city or town, or the names of any persons receiving aid 
under the provisions of chapter seventy-nine of the Revised 
Laws and acts in amendment thereof and in addition 
thereto, residing in such city or town. 

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

Approved April 16,-1910. 

ChajjAlii Ax Act to autjiorize the aimekican board of commis- 
sioners FOR FOREIGN MISSIONS TO HOLD ADDITIONAL 
REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

The American Section 1. The American Board of Commissioners for 
Commis- Forcigii Missioiis is hereby authorized to take and hold in 

Foreign fee siiuple or otherwise, for the purposes for which it was 

hofd'additionai incorporated, lands, tenements or hereditaments, by gift, 
estate. graiit or otherwise, not exceeding in value three million 

dollars ; and may also take and hold by gift, bequest or 
otherwise, personal estate to an amount not exceeding ten 
million dollars, anything in its act of incorporation or in 
subsequent acts amending the same to the contrary notwith- 
standing. 

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

Approved April 16, 1910. 

Chcip.'il4: An Act relative to making goods for the use of pub- 
lic institutions by the labor of prisoners. 

Be it enacted, etc., as follows: 

glods"forUie Section 1. For tlic purpose of determining the styles, 

use of public designs and qualities of articles and materials to be made 

institutions I'lii r • r • ^ it--- 

by^hej^abor by the labor 01 prisoners for use in the public institutions 
in accordance with section forty-five of chapter two hun- 
dred and twenty-five of the Revised Laws, the superin- 
tendents of institutions for the insane, the superintendents 
of other charitable institutions, and the officers in charge of 
penal and reformatory institutions, respectively, shall hold 
meetings annually in October. The day and place of each 
of said meetings shall be assigned by the prison commis- 
sioners who shall give to the officers concerned at least ten 
days' notice thereof. If a superintendent or officer in 



of prisoners. 



Acts, 1910. — Chap. 414. 353 



charge is unable to be present at a meeting be may delegate 
one of bis assistants to attend in bis bebalf. Eacb meeting 
shall organize by the choice of a chairman and clerk ; and 
within one week after the meeting, these officers shall for- 
mally notify the prison commissioners of the styles, designs 
and qualities adopted by the meeting for use in each class 
of institutions. The expense of attending any of said meet- 
ings shall be repaid to the respective officers in the same 
way as other travelling expenses are paid ; and any other 
expense of the meetings shall be paid from the Prison In- 
dustries Fund upon the approval of the prison commis- 
sioners. 

Section 2. In Xovember of each year the prison com- Descriptive 
missioners shall issue to said superintendents and officers designs, \tc^.', 
in charge a descriptive list of the styles, designs and qual 



to be issued, 
etc. 



ties of said articles and materials ; and the requisitions 
named in section fifty-four of chapter two hundred and 
twenty-five of the Revised Laws shall conform to the said 
list, unless it appears that the needs of an institution de- 
mand a special style, design or quality. Any difference 
between the prison officials and the institutions in regard 
to styles, designs and qualities shall be submitted to arbi- 
trators whose decision shall be final. One of said arbitra- 
tors shall be named on behalf of the prison by the chairman 
of the prison commissioners, one by the principal officer 
of the other institution concerned, and one by agreement of 
the other two. The arbitrators shall be chosen from the 
official service and shall receive no compensation for per- 
formance of any duty under this act ; but their actual and 
necessary expenses shall be paid by the prison or other 
institution against which their award is given. 

Section 3. Annually in December the principal officers Estimate of 
of all public institutions included by the terms of section etc'.'^tobe'"^'^^' 
forty-five of chapter two hundred and twenty-five of the pi"sVncom- 
Kevised Laws, shall send to the prison commissioners an annuaUv^ 
estimate of the quantities of the articles and materials that 
will be needed for their respective institutions during the 
ensuing calendar year. Said estimates shall generally 
observe the styles, designs and qualities named in the 
descriptive list ; and if any special style is desired in con- 
siderable quantity, the estimate shall contain a request that 
the prison commissioners will arrange for the manufac- 
ture of such special articles as may be needed. 



354 



Acts, 1910. — Chap. 415. 



Prices to 
conform to 
wholesale 
market rates, 
etc. 



List of 
articles that 
can be pro- 
duced, to be 
furnished. 



Repeal, etc. 



Section 4. The price of all articles and materials sup- 
plied hy the prisons to the public institutions named in this 
act shall conform as nearly as niav be to the wholesale mar- 
ket rates for similar goods manufactured outside of the 
prisons. Any difference of opinion in regard to price may 
be submitted to arbitration in the manner provided in sec- 
tion two of this act. 

Section 5. In January of each year the j^rison com- 
missioners shall send to the auditor of the commonwealth, 
to the auditing and disbursing officers of the several coun- 
ties, and to the auditor and treasurer of each city having a 
population of forty thousand inhabitants, a list of the ar- 
ticles and materials that can be produced by the labor of 
prisoners for the use of public institutions named in this 
act. No bill for any such articles or materials purchased 
for the use of said institutions otherwise than from a prison, 
or from another institution, shall be allowed or paid unless 
it is accompanied by a certificate from the prison commis- 
sioners showing that a requisition therefor has been made 
and that the goods cannot be supplied from the prisons. 

Section 6. Section fifty-five of chapter two hundred 
and twenty-five of the Revised Laws and all acts and parts 
of acts inconsistent herewith are hereby repealed ; and noth- 
ing in section thirty of chapter four hundred and eighty- 
six of the acts of the year nineteen hundred and nine, 
relative to the administration of the city of Boston, 
shall affect the purchase from the prisons of such articles 
and materials as may be needed l)y the public institutions 
of that city. Approved April 16, 1910. 



CJwj).4:15 An Act to authorize the county commissioners of 

THE COUNTY OF BERKSHIRE TO EXPEND AN ADDITIONAL 
SUM IN COPYING CERTAIN RECORDS IN THE REGISTRY OF 
DEEDS FOR THE MIDDLE DISTRICT OF SAID COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Berkshire are hereby authorized to expend the sum of fif- 
teen hundred dollars, in addition to the sum of two thou- 
sand dollars already authorized, for the purpose of making 
copies of certain records in the registry of deeds for the 
middle district in said county, as provided by chajjter three 



Additional 
sum author- 
ized for 
making copies 
of records. 



Acts, 1910. — Chaps. 416, 417. 355 

hundred and eight of the acts of the year nineteen hundred 
and eight. 

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

Approved April 16, 1910. 



ChapAlQ 



An Act eelative to prosecutions under the laws 
relative to adulterated drugs and food. 

Be it enacted, etc., as follows: 

Section 1. No prosecution shall be begun under sec- Prosecutions 
tions sixteen to twenty-seven, inclusive, of chapter seventy- reiative^to* 
five of the Revised Laws, for the manufacture, sale or offer- drugs^and'^ 
ing for sale of drugs, unless the person purchasing the drug ^°'^^- 
or taking the drug without purchasing shall seal and deliver 
to the owner or person from whom such drug is purchased 
or taken a portion of the drug so purchased or taken ; and 
a receipt therefor shall be given to the collector. The drug 
so purchased or taken shall thereafter be analyzed or tested 
under the direction of the state board of health for the pur- 
pose of determining whether it comes within the provisions 
of the sections above mentioned. 

Section 2. If it appears that any provision of the said p<"np'ain.t 

. , , , •11 ^°^ violation 

sections has been violated, the said board may direct or of 'aw, etc. 
authorize formal complaint to be made to a court or justice 
having jurisdiction in such cases ; but no evidence of the re- 
sult of said analysis or test shall be received if the collector 
refuses or neglects to seal and deliver a portion of the drug 
purchased or taken as aforesaid to the owner or person from 
whose possession it is taken. Approved April 20, 1910. 



Chap.411 



An Act relative to the time of payment of nego- 
tiable INSTRUMENTS. 

Be it enacted, etc., as follows: 

Section 1. Chapter seventy-three of the Revised Laws r. l. 73, 
is hereby amended by striking out section one hundred and l^^lkei. 
two and inserting in place thereof the following : — Sec- Time of 
Hon 102. Every negotiable instrument is payable at the ^egSi^bif 
time fixed therein without grace, except that three days of i^istruments. 
grace shall be allowed upon a draft or bill of exchange 
made payable within this commonwealth at sight, unless 
there is an express stipulation to the contrary. "When the 



35(3 



Acts, 1910. — Chap. 418. 



Provisos. 



To apply only 
to certain 
instruments, 
etc. 



day of maturity falls upon Saturday, Sunday or a holiday, 
the instrument is payable on the next succeeding business 
day which is not a Saturday. Instruments payable on 
demand may, at the option of the holder, be presented for 
payment before twelve o'clock noon on Saturday when that 
entire day is not a holiday : provided^ liowever, that no per- 
son receiving any check, draft, bill of exchange, or promis- 
sory note payable on demand shall be deemed guilty of any 
neglect or omission of duty, or incur any liability, for not 
presenting for payment or acceptance or collection such 
check, draft, bill of exchange or promissory note on a Sat- 
urday ; provided, also, that the same shall be duly presented 
for payment or acceptance or collection on the next succeed- 
ing business day. 

Section 2. The provisions of the foregoing amendment, 
so far as they may alter the date when an instrument would 
otherwise become payable, shall apply only to instruments 
made after its enactment. Instruments made before its 
enactment shall be governed as to the date when they are 
payable by the law as it existed previous to the passage of 
this act. 

Section 3. This act shall take effect upon its passage. 

Approved April 20, 1910. 



Town of 
Methuen 
Additional 
Water Loan, 
Act of 1910. 



CTicipA\S An Act to authorize the town of methuen to make 

AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Methuen, for the purpose of 
extending its system of water supply, may issue from time 
to time bonds, notes or scrip to an amount not exceeding 
thirty thousand dollars in addition to the amounts hereto- 
fore authorized by law to be issued by said town for water 
supply purposes. Such bonds, notes or scrip shall bear 
on their face the words, Town of Methuen Additional 
Water Loan, Act of 1910; 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 and one half per cent per annum ; 
and shall be signed by the treasurer of the town and coun- 
tersigned by the water commissioners. 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 



Acts, 1910. — Chap. 419. 357 



terms and conditions as it may deem proper : provided, that Pro^'so. 
they shall not be sold for less than their par value. 

Section 2. Said town shall, at the time of authoriz- Payment 
ing said loan, provide for the payment thereof in such an- 
nual payments, as nearly equal in amount as practicable, 
as will extinguish the same within the time prescribed by 
this act ; and when a vote to that effect has been passed a 
sum which, with the income derived from w^ater 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 thereafter 
in a manner similar to that in which other taxes are as- 
sessed, until the debt incurred by said loan is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved April 20, 1910. 



ChapAld 



An Act eelative to the licensing of minors to en- 
gage IN certain occupations in cities. 

Be it enacted, etc., as follows: 

Section seventeen of chapter sixty-five of the Revised '^■^- ^^' 
Laws, as amended by chapter five hundred and thirty-one amended, 
of the acts of the year nineteen hundred and two, and by 
chapter one hundred and fifty-one of the acts of the year 
nineteen hundred and six, is hereby further amended by 
adding the following sentences at the end of said section : — 
Any person who, having a minor under his control, know- 
ingly permits him to violate the provisions of this act, and 
any person who procures or employs a minor to violate the 
provisions of this act, and any person who either for himself 
or as agent of any other person or of any corporation know- 
ingly furnishes or sells to any minor any of the articles 
above referred to with knowledge that said minor intends 
to sell said articles in violation of the provisions of this act, 
and after having received written notice from the school 
committee that the minor is unlicensed, shall be punished 
by a fine of not more than two hundred dollars or by im- 
prisonment for not more than six months. Truant and 
police officers shall enforce the provisions of this chapter, — 



358 



Acts, 1910. — Chap. 420. 



Regulation 
of sale of 
certain goo 
by minors, 
etc. 



Proviso. 



Penalties. 



SO as to read as follows: — Section 17. The mayor and 
ds aldermen or selectmen may make regulations relative to 
the exercise of the trade of bootblacking by minors and to 
the sale by minors of any goods, wares or merchandise the 
sale of which is permitted by section fifteen, and may pro- 
hibit snch sales or such trade, or may require a minor to 
obtain from them a license therefor to be issued on terms 
and conditions prescribed in such regulations: .pro vi^ec?, 
that in the case of persons under the age of fourteen years 
in the cities of the commonwealth the foregoing powers 
shall be vested in and exercised by the school committees 
of said cities. A minor who sells such articles or exercises 
such trade without a license if one is required or who 
violates the conditions of his license or any of the provi- 
sions of said regulations shall be punished by a fine of not 
more than ten dollars for each offence. Any person who, 
having a minor under his control, knowingly permits him 
to violate the provisions of this act, and any person who 
procures or employs a minor to violate the provisions of 
this act, and any person who either for himself or as agent 
of any other person or of any corporation knowingly fur- 
nishes or sells to any minor any of the articles above re- 
ferred to with knowledge that said minor intends to sell 
said articles in violation of the provisions of this act, and 
after having received written notice from the school com- 
mittee that the minor is unlicensed, shall be punished by 
a fine of not more than two hundred dollars or by imprison- 
ment for not more than six months. Truant and police 
officers shall enforce the provisions of this chapter. 

Approved April 21, 1010. 



ChapA20 Ax Act relative to the commitment of the insane 

AND ALLIED CLASSES. 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and four of the acts 
of the year nineteen hundred and nine is hereby amended 
by striking out section forty-nine and inserting in place 
thereof the following: — Section JjO. All necessary ex- 
penses attending the apprehension, examination, trial, com- 
mitment or delivery of an alleged insane, epileptic or feeble- 
minded person, dipsomaniac, inebriate or one addicted to 



1909, 504, 
§ 49, 
amended. 



Expenses of 
apprehension, 
examination, 
etc., how 
paid. 



Acts, 1910. — Chap. 420. 359 

the intemperate use of narcotics or stimulants, shall, if the Expenses of 

. ...,., , apprehension, 

commitment is to a state institution lor sucli persons, be examination, 
allowed and certified bj the judge and presented as often ^ *'' "^p**' • 
as once a year to the county commissioners of the county in 
which such person was committed, who shall examine and 
audit the same, and they shall be paid by such county ; all 
necessary expenses attending the apprehension, examina- 
tion or trial of any such person who, if a commitment had 
been made, would have been committed to a state institu- 
tion for such person, when allowed in the discretion of the 
judge and certified by him, shall be presented as often as 
once a year to the county commissioners of the county in 
which application for commitment was made, who shall 
examine and audit the same and they shall be paid by such 
county ; all necessary expenses of examination and delivery 
of persons mentioned in section fifty-eight of this act, when 
allowed in the discretion of a judge authorized by law to 
make commitments of such persons if insane and certified 
by him, shall be presented as often as once a year to the 
county commissioners of the county in which the judge 
certifying the expenses was authorized by law to make 
commitments, who shall examine and audit the same and 
they shall be paid by such county. All expenses paid as County to 
aforesaid shall be repaid to the county paying them by the pensL!'etc. 
county, if any, of which the person committed, the person 
for whose commitment application was made, or the person 
mentioned in section fifty-eight of this act, as the case may 
be, is an inhabitant, but if the person committed or for 
whose commitment application was made is an inmate of a 
state institution at the time of his commitment or of the 
denial of the application for commitment, such expenses 
shall be repaid to the county paying them by the county 
of which such inmate was an inhabitant at the time of his 
admission to such state institution, or, if he was not an 
inhabitant of any county, by the county from which he 
was sent to sush state institution; and the necessary ex- 
penses of returning to a state institution a person tem- 
porarily absent therefrom, under the provisions of section 
seventy-five, shall be paid by such person or his guardian, 
relative or friend if of sufficient ability, or may be paid 
by such county, if a new commitment of such person would 
otherwise be necessary. If application is made for the 
commitment of a person whose expenses and support are 



360 



Acts, 1910. — Chaps. 421, 422. 



not to be paid by the commonwealth, the said expenses shall 
be paid bv the applicant or by a person in his behalf. 
Section 2. This act shall take effect upon its passage. 

Appt'oved April 21, 1910. 



Librarian of 
state library, 
appointment, 
etc. 



Expenditures. 



ChapA1\ Ax Act to establish the salary of the librarian and 

TO PROVIDE FOR THE EXPENSES OF THE STATE LIBRARY. 

Be it enacted, etc., as follows: 

Section 1. The governor, with the advice and consent 
of the council, shall appoint a librarian of the state library, 
who shall hold office during their pleasure and shall receive 
an annual salary of four thousand dollars. 

Section 2. The trustees of the state library may ex- 
pend annually a sum not exceeding eleven thousand and ten 
dollars for clerical services, for the accommodation of vis- 
itors and for any other services required for the care, main- 
tenance, and working of the library; and may expend a 
sum not exceeding ten thousand dollars annually for books, 
binding, cataloguing and indexing; and a sum not exceed- 
ing two thousand five huiidred dollars for incidental ex- 
penses, including the printing and binding of the annual 
report. 

Section 3. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approved April 21, 1910. 



Repeal. 



Chaj).4:22 An Act relative to the creation of an art com- 
mission. 

Be it enacted, etc., as follows: 

Section 1. An art commission for the commonwealth 
is hereby established, to consist of five citizens of the com- 
monwealth, to be appointed by the governor with the ad- 
vice and consent of the council, to hold office for the term 
of five years from the date of their commission. Any va- 
cancy occurring in the membership of the commission may 
be filled for the unexpired term in the same manner in 
which the original appointment was made. The commis- 
sion shall serve without compensation, and shall have power 
to adopt its own rules and to elect such officers from its 
own members as may be deemed proper. 



Art com- 
mission 
created. 



Vacancy. 



Acts, 1910. — Chat. 423. 3G1 

Sectiox 2. It shall be the duty of the commission to Duties of the 

J. ., i.-,xl X- •• commission, 

act 111 an advisory capacity relative to tne creation, acquisi- etc. 
tion, construction, erection or remodeling by the common- 
wealth, or upon any land owned by the commonwealth, of 
any work of art, and relative to the artistic character of 
any building constructed, erected or remodeled by the com- 
monwealth, or upon land owned by the commonwealth ; and 
when, upon the request of the governor, there shall be sub- 
mitted to said commission any plan, proposal or offer 
relating to the creation, acquisition, construction, erection 
or remodeling- by the commonwealth, or on land or in a 
building owned by the commonwealth, of any work of art, 
or relating to the erection, construction or remodeling of 
any building to be owned by the commonwealth or on com- 
monwealth land, and such plan, proposal or oifer is accom- 
panied by designs, descriptions, specifications, drawings or 
models sufficient to enable the commission to determine the 
artistic character of such work of art or building, it shall be 
the duty of the commission to file with the governor within 
sixty days after the submission of the matter descriptive of 
such w^ork of art or building, its opinion, either approving 
or condemning the same, to which the commission may add 
such suggestions and recommendations as it deems proper. 
The term '' building ", as used herein, shall include struc- certain 
tures intended for human occupation and use, and also all defined. 
bridges, arches, gates, walls or other permanent structures 
of any character ; and the term " work of art ", as used 
herein shall include any painting, portrait, mural decora- 
tion, stained glass, statue, bas-relief, ornament, fountain, 
or any other article or structure of a permanent character 
intended for decoration or commemoration. 

Approved April 22, 1910. 



CJm2yA23 



Ax Act to I^'coEPOKATE the fraternal order of 

RANGERS. 

Be it enacted, etc., as foUoivs: 

Section 1. Michael F. Sullivan, Otto Helrick, George Fraternal 
F. Gleason, Thomas Dean, William H. Powers, Louis Rangers, 
Davis, Michael A. Scanlon, Max ^^ewman. Jeremiah Buck- i'^««^P«'-«t«d. 
ley, James Kaveny, Andrew Wall. Frank J. O'Brien, 
Charles Bind, Joseph F. Landry and William F. Murray, 
their associates and successors, are hereby made a corpora- 



362 



Acts, 1910. — Chap. 424. 



Subject to 
certain pro- 
visions of 
law. 



tion by the name of the Fraternal Order of Rangers, Incor- 
porated, to be located in the city of Boston, for the purpose 
of transacting business as a secret order or fraternity on the 
lodge system, with power to create subordinate lodges, and 
with the power of paying death or funeral benefits, not 
exceeding in any one case two hundred dollars in amount, 
and disability benefits not exceeding in any one case ten 
dollars a week, and to furnish medical attendance to its 
members. 

Section 2. The said corporation shall, except as herein 
otherwise provided, be subject to the provisions of the fra- 
ternal beneficiary law applicable to fraternal organizations 
designated in section twelve of chapter one hundred and 
nineteen of the Revised Laws and amendments thereof. 

Section 3. This act shall take effect upon its passage. 

Approved April 22, 1910. 



R. L. 212, 
§ 2, amended. 



Abduction 
of women 
or girls, etc. 



Chcip.42'i: An Act relative to offences against chastity. 
Be it enacted, etc., as folloivs: 

Section 1. Section two of chapter two hundred and 
twelve of the Revised Laws is hereby amended by striking 
out the words '^ an unmarried woman of a chaste life ", in 
the second line, and inserting in place thereof the words : — 
a woman or girl, — so as to read as follows : — Section 2. 
Whoever fraudulently and deceitfully entices or takes away 
a woman or girl from her father's house or wherever else 
she may be found, for the purpose of prostitution or for 
the purpose of unlawful sexual intercourse at a house of 
ill fame or assignation or elsewhere, and whoever aids and 
assists in such abduction for such purpose, shall be pun- 
ished by imprisonment in the state prison for not more than 
three years or in jail for not more than one year or by a 
fine of not more than one thousand dollars, or by both such 
fine and imprisonment in jail. 

Section 2. Section six of said chapter two hundred 
and twelve is hereby amended by striking out the words 
" under the age of twenty-one years ", in the third line, so 
as to read as follows : — Sectio7i 6. Whoever, being the 
owner of a place or having or assisting in the management 
or control thereof, induces or knowingly suffers a female 
to resort to or be in or upon such place, for the purpose of 



R. L. 212, 
§ 6, amended. 



Penalty on 
owner of 
premises, etc. 



Acts, 1910. — Chap. 424. 363 

unlawfiillj having sexual intercourse, shall be punished 
as provided in section three. 

Sectiox 3. Section eight of said chapter two hundred f s^kmended. 
and twelve is hereby amended by inserting after the word 
" knowingly ", in the first line, the words : — procures, en- 
tices, — by inserting after the words " abets in ", in said 
line, the words : — procuring, enticing, or, — by inserting 
after the words " woman or girl ", in the second line, the 
words : — to practice prostitution or, — by inserting after 
the word " prostitution ", in the third line, the words : — 
whether within or without the state, — and by inserting 
after the word " employee ", in the eighth line, the words : 

— procures or, — so as to read as follows: — Section 8. Penalty for 

^ '. . 1 • 1 sending a 

Whoever knowinaily procures, entices, sends, or aids or female to a 

. ^ '^ ^ . . ' ,.' ' ., house of ill 

abets in procuring, enticing, or sending a woman or giri fame, etc. 
to practice prostitution or to enter as an inmate or a ser- 
vant, a house of ill fame or other place resorted to for the 
pui'iiose of prostitution, whether within or without the state, 
shall for each offence be punished by a fine of not less than 
one hundred nor more than five hundred dollars, or by im- 
prisonment for not less than three months nor more than 
two years. "Whoever as proprietor or keeper of an in- 
telligence or employment office, either personally or through 
an agent or employee, procures or sends a woman or girl 
to enter as aforesaid a house of ill fame or other place re- 
sorted to for the purpose of prostitution, the character of 
which on reasonable inquiry could have been ascertained by 
him, shall for each offence be punished by a fine of not less 
than fifty nor more than two hundred dollars. 

Sectiox 4. Section nine of said chapter two hundred f g^amended. 
and twelve is hereby amended by inserting before the word 
'' administers ", in the third line, the words : — provides 
or, — by inserting before the word " administering ", in 
the third and fourth lines, the words : — providing or, — 
by inserting after the word " drug ", in the fourth line, 
the words : — or liquor, — and by striking out the words 
" resorted to for the purpose of prostitution ", in the fifth 
and sixth lines, and inserting in place thereof the words: 

— where prostitution is practised or allowed, — so as to 

read as follows : — Section 9. Whoever, for any length Penalty for 
of time, unlawfully detains or attempts to detain, or aids i!mn\e°etc. ^ 
or abets in unlawfully detaining or attempting to detain, 
or provides or administers or aids or abets in providing or 



364. 



Acts, 1910. — Chap. 421. 



Penalty for 
deriving 
support from 
an inmate of 
a house of 
ill fame, etc. 



Penalty for 

soliciting, 

etc. 



Jurisdiction 
of court. 



administering anv drug or liquor for the purpose of detain- 
ing, a woman or girl in a house of ill fame or other place 
where prostitution is practised or allowed, shall for each 
offence be punished by imprisonment in the state prison 
for not more than five years or in the house of correction 
for not less than one year nor more than three years or 
by a fine of not less than one hundred nor more than five 
hundred dollars. 

Sectio:^ 5. Whoever, knowing a female to be a prosti- 
tute, shall live or derive support or maintenance, in whole 
or in part, from the earnings or proceeds of the prostitution 
of such prostitute, or from moneys loaned or advanced to or 
charged against her by any keeper or manager or inmate of 
a house or other place where prostitution is practised or 
allowed, shall be punished by imprisonment in the state 
prison for not more than three years, or in the house of 
correction for not more than one year, or by a fine of not 
more than one thousand dollars, or by both such fine and 
imprisonment. 

Section 6. Whoever shall solicit or receive compensa- 
tion for soliciting for a prostitute shall be punished by im- 
prisonment in the house of correction for not more than one 
year, or by a fine of not more than five hundred dollars, 
or by both such fine and imprisonment. 

Section 7. If a person makes oath before a police, dis- 
trict or municipal court or a trial justice that he suspects 
or has probable cause to suspect that a house, building, 
room, or place is kept or resorted to for purposes of prostitu- 
tion and that a certain person or certain persons owning, 
or having, or assisting in, the management or control of 
such house, building, room, or place knowingly suffer 'a 
certain female or certain females to be in or upon such 
place for the purpose of unlawfully having sexual inter- 
course, said court or trial justice shall, if satisfied that there 
is probable cause therefor, issue a warrant commanding 
the sheriff or his deputy, or any constable or police officer, 
to enter such house, building, room, or place and search for 
such person or persons, and take into custody such person 
or persons, together with such female or females. Said 
persons shall be detained for not more than twenty-four 
hours until complaint be made against them, and said 
females for a reasonable time until they may be brought 
before said court or trial justice to be recognized with or 



Acts, 1910. — Chaps. 425, 426. 365 

•without sureties at the discretion of said court or trial 
justice to appear as witnesses before the next or any suc- 
ceeding sitting of said court or trial justice. The provi- 
sions of this section shall be in addition to and not in 
derogation of the common law. 

Section 8. ]S^othing in the foregoing section shall be Certain pro- 
construed to prevent the arrest and detention without a JonTtrued. 
warrant of any person who, the officer serving said process 
may have reasonable cause to believe, is violating any pro- 
vision of this act or of chapter two hundred and twelve of 
the Revised Laws, or who, he has reasonable cause to be- 
lieve, is keeping a house of ill fame or a house, room or 
place which is resorted to for prostitution or lewdness, and 
said officer may upon such search arrest without a war- 
rant any person who, he has reasonable cause to believe, is 
violating any provision of this act or of chapter two hun- 
dred and twelve of the Revised Laws, or who, he has reason- 
able cause to believe, is keeping a house of ill fame or a 
house, room or j)lace which is resorted to for prostitution 
or lewdness, and detain him until complaint may be brought 
against him. Approved April 22, 1910. 



Cha2)A25 



An Act to authoeize the city of boston to pay a sum 
of money to the widow of hugh o^connok. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized to The city of 
pay to Alice O'Connor, widow of Hugh O'Connor, a sum payHum^^ 
of money not exceeding one thousand dollars on account of ah'^"^^^ *° 
death of the said Hugh O'Connor, lately an employee of O'Connor. 
the city of Boston in the sanitary department. 

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

Approved April 22, 1910. 



Cha2?A2e> 



An Act relative to the receiving and paying of pre- 
miums BY insurance agents AND BROKERS. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and twenty-one of f^.'^i^'^^' 
chapter five hundred and seventy-six of the acts of the ame^nded. 
year nineteen hundred and seven is hereby amended by 
striking out the second paragraph and inserting in place 
thereof the following : — An insurance agent or broker who Agent or 
acts in negotiating or renewing or continuing a contract of deemeVgiSuy 



366 Acts, 1910. — Chaps. 427, 428. 

ceruin^casi^ iiisuraiice bj an insurance company lawfully doing busi- 
ness in this commonwealth, and who receives any money or 
substitute for money as a premium for such a contract from 
the insured, shall be deemed to hold such premium in trust 
for the company making the contract. If he fails to pay 
the same over to the company after written demand made 
upon him therefor, less his commission, and any deductions 
to which by the written consent of the company he may 
be entitled, such failure shall be prima facie evidence that 
he has used or applied the said premium for a purpose 
other than paying the same over to the company, and upon 
conviction thereof he shall be deemed guilty of larceny 
and punished accordingly. 

ukinglffect Section 2. This act shall take effect on the first day of 

January, nineteen hundred and eleven. 

Approved April 22, 1910. 

ChapA27 An Act to provide for the encouragement of or- 
charding. 

Be it enacted, etc., as follows: 

Encourage- Section 1. There shall annually be allowed and paid 

ment of •^ ^ 

orcharding. out of the treasury of the commonwealth the sum of five 
hundred dollars, to be expended by the state board of agri- 
culture for prizes for the best experiments in orcharding by 
private owners of orchards in Massachusetts, in giving 
demonstrations of spraying and of the care and manage- 
ment of orchards, or in such other manner as the board may 
deem best to encourage the orchard industry of the com- 
monwealth. 

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

Approved April 22, 1910. 

CliapA'2iS Ax Act to restrict the use of common drinking 

CUPS. 

Be it enacted, etc., as folloius: 

h^avTof Section 1. In order to prevent the spread of com- 

heauhmay muuicable discascs, the state board of health is hereby 
usenVcommon authorized to prohibit in such public places, vehicles or 
cuSelf. buildings as it may designate the providing of a com- 

mon drinking cup, and the board may establish rules and 
regulations for this purpose. 



Acts, 1910. — Chap. 429. 367 

Section 2. Whoever violates the provisious of this Penalty, 
act, or any rule or regulation of the state board of health 
made under authority hereof shall be deemed guilty of a 
misdemeanor and be liable to a tine not exceeding twenty- 
five dollars for each offence. 

Section 3. All acts and parts of acts inconsistent here- Repeal, 
with are hereby repealed. 

Section 4. This act shall take effect on the first day Time of 
of October, nineteen hundred and ten. 

Approved April 22, 1910. 



taking effect. 



C/zap.429 



An Act relative to the annual report of the 

trustees of the MASSACHUSETTS AGRICULTURAL COL- 
LEGE. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and g^i^^^^ended 
fifty-nine of the acts of the year nineteen hundred and eight 
is hereby amended by striking out the word " general ", 
in the fifth line, and inserting in place thereof the word : — 
detailed, — and by striking out the word " detailed ", in 
the seventh line, and inserting in place thereof the word : — 
general, — so as to read as follows: — Section 1. The printing of 
annual report of the trustees of the Massachusetts Agricul- onhe^Maf."'* 
tural College may be printed in four parts, namely, part Agricultural 
one to consist of the report of the president and other of- College. 
ficers, part two to consist of the catalogue of the college, 
part three to consist of the detailed report of the experiment 
station, and part four to consist of the general report of 
the experiment station. 

Section 2. Section two of said chapter four hundred §^2°^amended 
and fifty-nine is hereby amended by striking out all after 
the word '' printed ", in the fifth line, and inserting in 
place thereof the following : — twenty thousand copies, 
four thousand copies of which may be for the use of said 
trustees, and fifteen thousand copies may be bound with 
the report of the secretary of the state board of agriculture ; 
and of part four there may be printed sixteen thousand 
copies for the use of the said trustees, — so as to read as 
follows: — Section 2. Of part one there mav be printed Number of 

, . . J ./ 1 copies to be 

three thousand copies, of which two thousand copies may printed, 
be for the use of the trustees of said college ; of part two 
there may be printed six thousand copies for the use of 



368 



Acts, 1910. — Chaps. 430, 431. 



the said trustees ; of part three there may be printed 
twenty thousand copies, four thousand copies of which 
may be for the use of said trustees, and fifteen thousand 
copies may be bound with the report of the secretary of 
the state board of agriculture ; and of part four there may 
be printed sixteen thousand copies for the use of the said 
trustees. 

Sectiox 3. This act shall take effect upon its passage. 

Approved April 22^ 1910. 



Salaries of 
watchmen 
at the 

Massachusetts 
reformatory. 



ChapASO Ax Act relative to the salaries of watchmen ix the 

STATE PRISOX AXD IX THE MASSACHUSETTS REFORM- 
ATORY. 

Be it enacted, etc., as follows: 

Sectiox 1. Each watchman at the state prison or at 
the Massachusetts reformatory who has been in said ser- 
vice for less than one year shall receive an annual salary of 
eight hundred dollars ; each watchman who has been in 
said service for more than one year and less than three 
years shall receive an annual salary of one thousand dollars, 
and each watchman who has been in said service for three 
years or more shall receive an annual salary of twelve hun- 
dred dollars. 

Sectiox 2. So much of sections nineteen and twenty- 
seven of chapter two hundred and twenty-three of the Re- 
vised Laws as is inconsistent herewith is hereby repealed. 

Sectiox-^ 3. This act shall take effect on the first day of 
December, nineteen hundred and ten. 

Approved April 22, 1910. 



Repeal. 



Time of 
taking effect. 



Chap.4!d\ Ax Act makixg appropriatioxs for suxdry miscella- 

XEOUS EXPEXSES AUTHORIZED DURIXG THE PRESEXT 
YEAR, AXD FOR CERTAIX OTHER EXPEXSES AUTHORIZED 
BY LAW. 

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 the purposes specified, to 
wit : — 

For George W. Andrews, administrator of the estate 
of Martha C. Albee,.as authorized by chapter eight of the 



Appropria 
tions. 



George W. 
Andrews. 



Acts, 1910. — Chap. 431. 369 

resolves of the present year, the sum of one hundred sixty 
dollars and forty-one cents. 

For an annuity to Patrick Buckley, as authorized by Patrick 
chapter eleven of the resolves of the present year, the sum ^^ *^' 
of ninety-six dollars and forty-three cents, this amount to 
be in addition to any amount heretofore appropriated for 
the same purpose. 

To provide for the dedication of the Cape Cod Pilgrim capeCod 
Memorial monument, as authorized by chapter twelve of MemoWai 
the resolves of the present year, a sum not exceeding three ded'ic^fon*^ 
thousand dollars. 

For compensating the Brockton hospital for treatment Brockton 
of Robert J. Kennedy, who was injured while in the ser- 
vice of the militia, as authorized by chapter fourteen of 
the resolves of the present year, the sum of eighty-seven 
dollars. 

For the payment of a fee to Josephine L, Munro by the Josephine 
board of registration in dentistry, as authorized by chapter ^" ^'^'''■^• 
twenty-one of the resolves of the present year, the sum of 
twenty dollars. 

For reimbursing persons who suffered damage by troops Damage 
in the military maneuvres in August in the year nineteen ^ '"""p^- 
hundred and nine, as authorized by chapter twenty-two of 
the resolves of the present year, a sum not exceeding fifteen 
hundred dollars. 

For Mary A. Halliday, widow of James A. Halliday, as Mary a. 
authorized by chapter twenty-three of the resolves of the ^''"'^'*^' 
present year, the sum of seven hundred and fifty dollars. 

For Lizzie L. Breed, widow of Arthur B. Breed, as au- Lizzie l. 
thorized by chapter twenty-four of the resolves of the pres- ^"®**' 
ent year, the sum of seven hundred and fifty dollars. 

For the publication of a report relative to Massachusetts Report of 
memorials to soldiers of the civil war, as authorized by ^idierfofthe 
chapter twenty-five of the resolves of the present year, a *='^"'^'"'- 
sum not exceeding one thousand dollars. 

For replacing certain books lost by the town, of Wellfleet Town of 
through fire, as authorized by chapter twenty-six of the ^^"^^^*- 
resolves of the present year, the sum of three hundred 
twenty-eight dollars and twenty-five cents. 

To provide for the payment of military expenses in- Military 
curred on account of the recent flood in the city of Chelsea, accounfor 
as authorized by chapter twenty-nine of the resolves of the Sea. 
present year, a sum not exceeding five hundred dollars. 



370 



Acts, 1910. — Chap. 431. 



Massachusetts 
Charitable 
Eye and Ear 
Infirmary. 

Montague 

agricultural 

school. 



War records. 



Herbert H. 
lioynton. 



Commission 
on cost of 
living, 
expenses. 



Record clerk, 

treasurer's 

department. 



State house 
matron. 



Deputy 
examiner, 
civil service 
commis- 
sioners. 



Physical 
inspector, 
civil service 
commis- 
sioners. 



For the Massachusetts Charitable Eye and Ear Infirm- 
ary, as authorized by chapter thirty of the resolves of the 
jjresent year, the sum of thirty-five thousand dollars. 

For the Montague agricultural school, as authorized by 
chapter thirty-one of the resolves of the present year, the 
sum of eighteen hundred thirty-one dollars and eighty 
cents. 

For the preservation of the war records in the office of 
the adjutant general, as authorized by chapter thirty-two 
of the resolves of the present year, a sum not exceeding 
fifteen hundred dollars, this sum to be in addition to any 
unexpended amounts heretofore appropriated for the same 
purpose. 

For the salary of Herbert PI. Boynton, deputy secretary 
of the commonwealth, as authorized by chapter sixty-six 
of the acts of the present year, the sum of five hundred dol- 
lars, this sum to be in addition to any amount heretofore 
appropriated for the same purpose. 

For such expenses as may be incurred by the Massachu- 
setts commission on the cost of living, as provided for by 
chapter one hundred and thirty-four of the acts of the 
present year, a sum not exceeding fifteen thousand dollars. 

For the salary of the record clerk in the department of 
the treasurer and receiver general, as provided for by 
chapter one hundred and fifty-one of the acts of the pres- 
ent year, the sum of one thousand dollars. So much of 
chapter twenty-six of the acts of the present year as pro- 
vides for the salary of the files clerk in said department is 
hereby repealed. 

For the salary of the matron at the state house, as pro- 
vided for by chapter one hundred and fifty-two of the 
acts of the present year, the sum of forty-five dollars and 
eighty-three cents, this sum to be in addition to any amount 
heretofore appropriated for the same purpose. 

For a deputy examiner for the civil service commission- 
ers, as provided for by chapter one hundred and eighty- 
four of the acts of the present year, a sum not exceeding 
eighteen hundred twenty-one dollars and eighty-four cents. 

For the salary of the physical inspector employed by the 
civil service commissioners, as provided for by chapter 
two hundred and four of the acts of the present year, a sum 
not exceeding nine hundred sixteen dollars and sixty-seven 



Acts, 1910. — Chap. 431. 371 

cents, this sum to be in addition to any amount heretofore 
appropriated for the same purpose. 

For the purchase of pea coats for the members of the Navai 
naval brigade of the militia, as authorized by chapter ^"^^^^' ''o^*^- 
thirty-five of the resolves of the present year, a sum not ex- 
ceeding seventy-five hundred dollars. 

For the New England Industrial School for Deaf Mutes, New England 
as authorized by chapter thirty-six of the resolves of the school f'o^r 
present year, the sum of thirty-five hundred dollars. ^''''^ ^''*®^- 

For Catherine A. Walsh, widow of Thomas S. Walsh, as Catherine a. 
authorized by chapter thirty-eight of the resolves of the 
l^resent year, the sum of seven hundred and fifty dollars. 

For repairs to the machinery of the steamer Lexington, steamer 
as authorized by chapter forty-one of the resolves of the 
present year, a sum not exceeding four thousand dollars. 

For the payment of claims for the death of or injuries Death, etc., 
to horses used by the militia, as provided for by chapter two by the mliitia. 
hundred and twenty-seven of the acts of the present year, 
a sum not exceeding twenty-five hundred dollars. 

For the salary of the assistant paying teller in the office Assistant 
of the treasurer and receiver general, as provided for by trea'sifrer's'^' 
chapter two hundred and thirty of the acts of the present °^'^^' 
year, the sum of one hundred eighty-three dollars and 
thirty-four cents, in addition to any amount heretofore 
appropriated for the same purpose. 

For the salary of the messenger in the department of t^els^rfr''^' 
the treasurer and receiver general, as provided for by o^ce. 
chapter two hundred and sixty-five of the acts of the pres- 
ent year, the sum of ninety-one dollars and sixty-seven 
cents, in addition to any amount heretofore appropriated 
for the same purpose. 

For the salary of a second assistant register of probate Second 
and insolvency for the county of Essex, as provide