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 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 provided for register of
by chapter two hundred and sixty-six of the acts of the EiTo^vency,*^
present year, a sum not exceeding thirteen hundred dollars. ^^^^'^ county.
For expenses in connection with the restoration and ^a*! stall''^'
maintenance • of the old provincial state house in the city iio^se.
of Boston, as provided for by chapter two hundred and
ninety-eight of the acts of the present year, the sum of
twenty-five hundred dollars.
For the salary of a second assistant district attorney for Second as-
the northern district, as provided for by chapter three hun- trlcrattorney,
372
Acts, 1910. — Chap. 432
northern
district.
Clerical
assistance to
register of
probate and
insolvency,
Worcester
county.
dred and ten of the acts of the present year, a sum not ex-
ceeding thirteen hundred dollars.
For additional clerical assistance for the register of pro-
bate and insolvency for the county of Worcester, as pro-
vided for by chapter three hundred and twenty-nine of
the acts of the present year, a sum not exceeding seven hun-
dred dollars.
Section 2. This act shall take effect upon its passage.
Approved April 22, 1910.
Fire District
Number One
in the Town
of Greenfield
may acquire
and hold
certain
■waters.
ChapA32i Ax Act to authorize fire district number one in the
TOWN OF GREENFIELD TO TAKE ADDITIONAL SOURCES OF
WATER SUPPLY.
Be it enacted, etc., as follows:
Section 1. Fire District Number One in the Town of
Greenfield, for the purpose of furnishing an additional
water supply for itself and the inhabitants of the towns of
Greenfield and Deerfield for the extinguishment of fires
and for domestic and other purposes, and for distributing
water through those parts of the towns of Shelburne, Col-
rain and Bernardston in which its water mains may be laid
to convey the same to said Greenfield and Deerfield, may
take, or acquire by purchase or otherwise, and hold the
waters of the brook known as the Mill or Barton brook in
the towns of Bernardston and Greenfield, or the waters
of the brook known as Hinsdale or Fiske brook in the towns
of Greenfield, Colraiii and Shelburne, or may take a ground
water supply by means of wells, filter galleries or other
works from the valleys of said brooks or either of them, or
at any place within the limits of the town of Greenfield,
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 said
towns: provided, however, that no source of water supply
and no lands necessary for preserving the quality of such
water, shall be taken or used without the advice and ap-
proval 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.
Proviso.
Acts, 1910. — Chap. 432. 373
Section 2. Said fire district may construct on the lands May con-
acquired and held under the provisions of this act, proper etc!'*' ^'°^'
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 effect-
ive 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 ^vorks under or over any land, water courses, rail-
roads, railways and public or other ways, and along such
ways in the towns of Greenfield, Deerfield, Shelburne, Col-
rain and Bernardston, in such manner as not unnecessarily
to obstruct the same ; and for the purpose of constructing,
laying, maintaining, operating and repairing such conduits,
pipes and other works, and for all proper purposes of this
act, said district may dig up or raise and embank any such
lands, highways or other ways in such manner as to cause
the least hindrance to public travel on such ways ; and all
things done upon any such 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, 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.
Section 3. Said fire district shall, within sixty days Taking of
after the taking of any lands, rights of way, water rights, lo'bt^e**'"
water sources or easements as aforesaid, otherwise than by corded, etc.
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 chairman of
the prudential committee of said fire district. The title to
all land taken 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
nianner as it shall deem for the best interest of said
district.
374
Acts, 1910. — Chap. 433.
Damages.
Time of
taking efEect.
Section 4. Said fire district shall pay all damages to
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 the period of two years after the taking
of such land or other property, or the doing of other injury
under authority of this act ; but no such application shall be
made after the expiration of the said two years, and no
application for the 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 5. This act shall take effect upon its ac-
ceptance by a majority vote of the voters of said fire dis-
trict present and voting thereon at a legal meeting called
for the purpose within three years after the date of its
passage ; but it shall become void unless said district shall
begin to distribute water to consumers from sources herein
authorized within three years after the date of the ac-
ceptance of this act as aforesaid.
Approved April 22, 1910.
Holyoke
Water Loan,
Act of 1910.
(7^rt0.433 An Act to authorize the city of holyoke to make
AN additional WATER LOAN.
Be it enacted, etc., as follows:
Section 1. The city of Holyoke, for the purposes men-
tioned in chapter four hundred and nineteen of the acts of
the year eighteen hundred and ninety-six, may issue from
time to time bonds, notes or scrip to an amount not exceed-
ing one hundred and fifty thousand dollars in addition to
the amounts heretofore authorized by law to be issued by
said city for water supply purposes. Such bonds, notes or
scrip shall bear on their face the words, Holyoke Water
Loan, Act of 1910, shall be payable at the expiration of
periods not exceeding thirty years from the date of the
first issue thereof, shall bear interest at a rate not exceeding
four per cent per annum, payable semi-annually, and shall
Acts, 1910. — Chap. 434. 375
be signed by the treasurer and countersigned by the water
commissioners of the city. The city may sell said bonds,
notes or scrip at public or private sale, at not less than the
par value thereof, and no part of the proceeds shall be
used for the payment of running expenses.
Section 2. Said bonds, notes or scrip shall mature Payment
and be paid in such annual amounts as will in the aggre- °
gate extinguish the total indebtedness incurred under au-
thority of this act within the term of thirty years herein
prescribed. The water commissioners shall establish such
prices or rents for the use of water as to provide annually,
if practicable, for the payment therefrom of the interest
upon and the principal of the said indebtedness as it ma-
tures, in addition to all payments otherwise required by law
to be made from the said income.
Section 3. This act shall take effect upon its passage.
Approved April 25, 1910.
An Act relative to the expense of maintaining cer- (^j^qj) 4Q4
TAIN bridges over THE MERRIMAC RIVER IN THE CITY
OF LAWRENCE.
Be it enacted, etc., as follows:
Section 1. The expense of maintaining the bridges Expense of
over the Merrimac river known as the " Duck " bridge and ™rtain'°'"^
the " Falls " bridge, situated in the city of Lawrence, shall, |'he*Merrk^Ic
in the first instance, be paid out of the treasury of the ^^''^^' ®'''-
county of Essex. The county commissioners of the county
of Essex shall have full control of both bridges, and shall
annually, in the month of November, submit to the treas-
urer of the city of Lawrence a true statement of the expense
of maintenance of the said bridges ; and within thirty days
thereafter the city of Lawrence 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 hav-
ing 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 neglects
or refuses to pay the said sixty per cent and the taxes as
aforesaid, the said commissioners shall, after due notice to
the city, issue a warrant for its proportion, with interest
and the cost of the notice and warrant, and the same shall
376
Acts, 1910. — Chaps. 435, 436.
be collected and paid into the treasury of said county to
be applied in payment of the expense aforesaid.
Sectio:!^ 2. This act shall take eltect upon its passage.
Approved April 25, 1910.
ChapAS5 An Act to autiiokize the city of boston to pay a sum
OF MONEY TO MARY A. DONOVAN.
Be it enacted, etc., as follows:
Section 1. The city of Boston is hereby authorized to
pay a sum, not exceeding one thousand dollars, to Mary A.
])onovan, widow of Daniel J. F. Donovan late a member of
the police department of said city, who was killed in the
discharge of his duty.
Section 2. This act shall take effect upon its accept-
ance by the mayor and city council of the city of Boston.
Approved April 25, 1910.
The city of
Boston may
pay a sum
of money to
Mary A.
Donovan.
Ohap.4:36 An Act to authorize the arrest and detention of
CERTAIN OFFENDERS FOR THE PURPOSE OF ASCERTAIN-
ING THEIR IDENTITY.
Be it enacted, etc., as follows:
Certain per- Section 1. If a persou commits a misdemeanor, as
arrested and defined by a by-law, regulation or ordinance of any city or
the^purpose of towu or authority therein, in the presence of a police officer
thcir^'entity, ^^^ '^^^ officcr authorized to serve criminal process the sub-
***• stance of which misdemeanor is the placing on or in or
throwing into a public way, the sidewalk of a public way
or a public alley of any filth, rubbish or other substance,
and being requested by such officer forthwith to remove
said filth, rubbish or other substance, refuses or neglects
so to do, and if the identity of such person is unknown to
the officer, he may arrest such person and detain him in a
safe place without a warrant until his identity is ascer-
tained. Reasonable diligence shall be exercised by the
arresting officer in ascertaining the identity of the offender
and when identified he shall be released from arrest unless
a warrant has issued against him.
Section 2. This act shall take effect upon its passage.
Approved April 25, 1910.
Acts, 1910. — Chaps. 437, 438. 377
An Act to exempt the transit bonds of the city of (J]iapA^1
BOSTON FKOM THE PROVISIONS OF LAW RELATIVE TO
LOANS MADE BY SAID CITY.
Be it enacted, etc., as follows:
Section 1. Section twenty-six of chapter four hundred ^^^^^j ^86,
and eighty-six of the acts of the year nineteen hundred and ameAded.
nine is hereby amended by adding at the end thereof the
words : — Nothing herein shall apply to transit bonds of
the city of Boston issued under the provisions of the several
acts authorizing the construction of tunnels and subways in
said city by the Boston Transit Commission, and said bonds
may be issued as heretofore and secured by sinking fund, —
so as to read as follows : — Section 26. All loans issued by Payment of
the city after the passage of this act shall be made payable etc.
in annual instalments in the manner authorized by section
thirteen of chapter twenty-seven of the Revised Laws as
amended by section one of chapter three hundred and forty-
one of the acts of the year nineteen hundred and eight. No
sinking fund shall be established for said loan. All bonds
shall be offered for sale in such a manner that the effect of
the premiums, if any, shall be to reduce the total amount of
bonds issued. No city or county money shall be deposited
in any bank or trust company of which any member of the
board of sinking fund commissioners of said city is an
officer, director, or agent. Nothing herein shall apply to
transit bonds of the city of Boston issued under the pro-
visions of the several acts authorizing the construction of
tunnels and subways in said city by the Boston Transit
Commission, and said bonds may be issued as heretofore
and secured by sinking fund.
Section 2. This act shall take effect upon its passage.
Approved April 25, 1910.
An Act to authorize the city of everett to borrow
money for sewerage purposes.
Be it enacted, etc., as follows:
Section 1. For the purpose of extending and improv- City of ev-
'"" its sewerage system, the city of Everett is hereby Loan, ITt""^
ChapA^S
authorized to borrow a sum not exceeding one hundred
thousand dollars, and to issue notes or bonds therefor.
Such notes or bonds shall bear on their face the words, City
of 1910.
378 Acts, 1910. — Chap. 439.
of Everett Sewer 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, countersigned by the auditor and
approved 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
Proviso. terms and conditions as it may deem proper : provided, that
they shall not be sold for less than their par value.
fi3U)^' Section 2. The provisions of section thirteen of chapter
apply. twenty-seven of the Revised Laws in respect to the establish-
ment and maintenance of a sinking fund shall apply to the
loan authorized by this act.
Section 3. This act shall take effect upon its passage.
Approved April 25, 1910.
Chap.439 An Act relative to the district attorney for the
SUFFOLK DISTRICT.
Be it enacted, etc., as follows:
Sncei'^of^' Section 1. The treasurer of the county of Suifolk shall,
b"'ml^d'"Sf iipon the presentation of a certificate signed by the dis-
the district trict attorney for the Suffolk district and approved by
the Suffolk the auditor of said county, advance money to be used for
IS nc . e . ^j^^ necessary expenses to be incurred by officers under the
direction of said district attorney in going outside the
boundary lines of the commonwealth for the purpose of
searching for or bringing back for trial persons under in-
dictment in Suffolk county, under the provisions of chapter
four hundred and ninety-four of the acts of the year nine-
teen hundred and six. After the return of said officers to
the commonwealth they shall account for the money ad-
vanced by the treasurer by filing with him itemized vouch-
ers duly sworn to, bearing the approval of the said district
attorney and the auditor of the county of Suffolk, cover-
ing the necessary expenses incurred as aforesaid, together
with any unexpended balance of said advance.
wci'Sniys. Section 2. The district attorney for the Suffolk district
gPP°'°'™^°*' may appoint three assistant district attorneys and may
remove them at pleasure. The annual salary of the assist-
ant district attorneys appointed under this section shall be
thirty-eight hundred dollars each, and shall be paid out of
the treasury of the commonwealth.
Acts, 1910.— Chap. 440. 379
Section 3. The district attorney for the Suffolk district ^Xant
may, if in his opinion the interests of the commonwealth so ^i^t;'^;*^.^
require, with the approval of the chief justice of the su- appointment,
perior court, appoint two deputy assistant district attorneys
in addition to the assistant district attorneys provided for
in section two of this act. Said district attorney may at his
pleasure remove any deputy assistant district attorney
appointed under the provisions of this section. The amount
of the annual salary of every deputy assistant district attor-
ney appointed under the provisions of this section shall be
fixed by said district attorney, with the approval of the
chief justice of the superior court, but shall not exceed
eighteen hundred dollars for each deputy assistant district
attorney, and said salary shall be paid out of the treasury
of the commonwealth.
Section 4. The district attorney for the Suffolk district stenog^
may appoint such stenographers as in his opinion the inter- appointment,
ests of the commonwealth require, with the approval of the
chief justice of the superior court, and shall fix their com-
pensation with the approval of the said chief justice. The
said district attorney may remove at his pleasure any sten-
ographer appointed under this section. The compensation
of stenographers appointed under this section shall be paid
out of the treasury of the county of Suffolk.
Section 5. The district attorney for the Suffolk district, ^^p'^f^^^^^^^
if in his opinion the interests of the commonwealth so re- etc
quire, may appoint and may remove at pleasure a messenger
whose compensation shall not exceed twelve hundred dol-
lars per year, to be paid out of the treasury of the county
of Suffolk.
Section 6. Sections one, two and four of chapter four Repeal.
hundred and sixty of the acts of the year nineteen hundred
and six are hereby repealed.
Section 7. This act shall take effect upon its passage.
Approved April 25, 1910.
An Act relative to the collection of taxes on col- (JJiaqj.^AO
LATERAL LEGACIES AND SUCCESSIONS.
Be it enacted, etc., as follows:
Upon the petition of the treasurer and receiver general Jq^^j.!"™^^*^^
the probate court shall, after such notice to the owners of determine the
-, ' 1 1 c • 1 in amount of
any real estate or separate parcel thereof as said court snail certain taxes.
order, determine the amount of taxes imposed by chapter
380
Acts, 1910. — Chap. 441.
four hundred and twenty-five of the acts of the year eight-
een hundred and ninety-one and acts in amendment thereof
and in addition thereto, and by chapter fifteen of the Re-
vised Laws and acts in amendment thereof and in addition
thereto, and by chapter five hundred and sixty-three of the
acts of the year nineteen hundred and seven and acts in
amendment thereof and in addition thereto, which have be-
come payable, and of interest on the said taxes, for which
such real estate or separate parcel thereof is charged with
a lien. After such determination the treasurer and receiver
general may collect the said taxes and interest by sale in the
manner provided by Part II of chapter four hundred and
ninety of the acts of the year nineteen hundred and nine
for the collection of taxes by sale by a collector of taxes, so
far as the provisions of the said statute are applicable.
Approved April 25, 1910.
The Sunder-
land Water
Company
may acquire
the easements,
etc., of the
Williams
Water
Compa 
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