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

'W' 



m: 




Ar 



ACTS 



AND 



RESOLVES 



PASSED BY THE 



tocral C|0ttrt of ^mmt\inuii%, 



IN THE YEAR 



1911, 



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. 

1911. 



A CONSTITUTION 



OK 



FORM OF GOVERKMENT 



FOR 



QII|? ©nmmnnutpaltli of iiaaaarliuHPtts 



PREAMBLE. 

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

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

We, therefore, the people of Massachusetts, acknowl- 
edging, with grateful hearts, the goodness of the great ^ 
Legislator of the universe, in affording us, in the course 
of His providence, an o])portunity, deliberately and peace- 



CONSTITUTION OF THE 

ably, without fraud, violence, or surprise, of entering into 
an original, explicit, and solemn compact with each other; 
and of forming a new constitution of civil government, 
for ourselves and posterity ; and devoutl}^ im{)loring His 
direction in so interesting a design, do agree upon, ordain, 
and establish, the following Declaration of liights, and 
Frame of Government, as the Constitution of the Com- 
monwealth OY Massachusetts. 



Equality and 
natural rights 
of all aien. 



Right and dutj- 
of public relig- 
iouM worship. 
Protection 
therein. 
2 Cush. 104. 
12 Allen, 129. 



Amendments, 
Art. XI. eubsti 
tuted for thlt<. 



Legiilature 
erapoweieil to 
compel provi- 
bIoii f(jr public 
worship ; 



PART THE FIRST. 

A Declaration of the lligJtts of the Inhahitants of the 
Commonwealth of Massachusetts. 

Article I. All men are born free and equal, and have 
certain natural, essential, and unalienable rights ; among 
which may be reckoned the right of enjoying and defend- 
ing their lives and liberties ; that of acquiring, possess- 
ing, and protecting property ; in fine, that of seeking and 
o])taining their safety and happiness. 

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

HI. [As the hap})iness of a people, and the good order 
and lu'eservation of civil government, essentially depend 
upon piety, religion, and morality; and as these cannot 
be generally diffused tlu'ough a community but by the 
institution of the })ublic worship of God, and of })ublic 
instructions in piety, religion, and morality : Therefore, 
to promote their happiness, and to secm-e tlie good order 
and i)rcservatioii of their government, the jx'ople of this 
connnomvealth have a right to invest their legislature Avith 
power to authorize and r('(|uiro, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, jirecincts, and other l)()dies politic, or religious 
societies, tx) make suitable provision, at their own expense, 
for the institution of the jyublic worship of God, and for 



COMxMONWEALTII OF MASSACHUSETTS. 5 

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

And the people of this connnonwealth have also a right atte"ifdance^°*° 
to, and do, invest their legislature with authority to enjoin thereon. 
upon all the subjects an attendance upon the instructions 
of the public teachers aforesaid, at stated times and sea- 
sons, if there be any on whose instructions they can con- 
scientiously and conveniently attend. 

Provided, notwithstanding, that the several towns, par- Exclusive right 
ishes, precincts, and other bodies politic, or religious socie- fousteache'rV^' 
ties, shall, at all times, have the exclusive right of electing ^«<="'"^'^- 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid by the subject to the support of ^^ompTrochiai 
public worship, and of the public teachers aforesaid, shall, p^lfi^^^tegg® 
if he require it, be uniformly applied to the support of the etc. 
public teacher or teachers of his own religious sect or de- 
nomination, provided there be any on whose instructions 
he attends ; otherwise it may be paid towards the support 
of the teacher or teachers of the parish or precinct in which 
the said moneys are raised. 

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

IV. The people of this commonwealth have the sole Right of self 

, T • • T , n. -ii 1 i? government 

and exclusive right ot governing tnemselves, as a tree, secured, 
sovereign, and independent state ; and do, and forever 
hereafter shall, exercise and enjoy every power, jurisdic- 
tion, and right, which is not, or may not hereafter be, by 
them expressly delegated to the United States of America, 
in Congress assembled. 

V. All power residing originally in the people, and ^f^'an^o^ffl^jrs*^ 
being derived from them, the several magistrates and etc. 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 

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

VI. No man, nor corporation, or association of men, services ren. 
have any other title to obtain advantages, or particular pubHc^bebig 
and exclusive privileges, distinct from those of the com- p^cuiiir p Jivi-° 
munity, than what arises from the consideration of ser- taf^^officetllre 
vices rendered to the public; and this title being in absurd and 

•ii 1 T ••iij I'll unnatural. 

nature neither hereditarv, nor transmissible to children. 



6 CONSTITUTIOX OF THE 

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

ernment; right , . . /» i 

of people to for the protection, saietv, prosperity, and happiness ot tiie 
change it. pcoplc ; and not for the profit, honor, or private interest 

of any one man, family, or class of men : Therefore the 
people alone have an incontestable, unalienable, and inde- 
feasible right to institute government ; and to reform, 
alter, or totall}'^ change the same, when their protection, 
safety, prosperity, and happiness require it. 
tofecurVrouF-'^ YIII. lu ord'cr to prevent those who are vested with 
tion in office, uuthority froiii becomiiig oppressors, the people have a 
right, at such periods and in such manner as they shall 
establish bv 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. 
qui'iiSfu?^ IX. All elections ought to be free ; and all the inhab- 
Tuall'-'^litgibie itauts of tliis coiimion Wealth, having such qualifications as 
to office. For they sliall establish by theu' frame of government, have an 
•'inhabitant," eoual rio'ht to clcct officcrs, and to be elected, for public 

see Ch.l, Sect. i '^ , 

2, xVrt. 11. employments . 122 Mass. 595, 596. 

Right of protec- j^ Each individual of the societv has a right to be 

tion and duty of » "i • t^ i 

contribution protcctcd by it m the enjoyment ot his life, liberty, and 

Taxation propcrty, accordiug to standing Uiws. He is obliged, con- 

cousenf °" sequeiitlv, to contribute his share to the expense of this 

Ti'id^^'iis'''' protection ; to give his personal service, or an equivalent, 

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

12 Picli 1S4 467 . ."^ . . 11.^ ..'_ 

16 1'icis'. 87.' * vidual can, with justice, be taken from him, or ap])lied to 
7MJt.'388! ■ iMil)!ic uses, without his own consent, or that of the repre- 
7 Gray', sr/j! sciitative body of the people. In fine, the people of this 
i4(iray,]54. . commonwcalth arc not controllable by any other laws 

1 Allen, loO. ... 

4 Allen, 474. than thosc to wliicli their constitutional roprosentativc 
rrty"!ot'to°be '>ody liavc glvcii their consent. And Avhenever the ^lub- 
taken for public ][c exii>encies require that the proi)erty of any individual 

une8 without, 111 . 11..' 

etc. should be ai)|)r()i)riated to public uses, he shall receive a 

8 Cush. 327. 11 . 1 ,. 

14 (Jray, 155. rcasoiuiole compensation theretor. 

16 Gray, 417, 

431. 1 Allen, 150. 103 Mebb. 120, 624. 113 Mass. 45. 127 Mass. 60, 52, 

11 .\llon, 530, 106 Mass. 35f>, 362. 116 Mass. 463. 358, 363, 410, 413. 

12 Allen, 223, 230. 108 Mass. 202, 213. ' 126 Mass. 428, 441. 129 Mass. 059. 
100 Mass. 544, 560. HI Mass. 130. 

Jlcoursrt'o'iL ^^- Every subject of the commonwealth ought to find 

lonM.'i"u;''uuu''' '^ <"<^"i"tain rcniedy, by having recourse to the laws, for all 

prompt. injuries or wrongs which he may receive in his person, 

proi)erty, or character. He ouiiht to obtain riiiht and 



COMMONWEALTH OF MASSACHUSETTS. 7 

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

XII. No subiect shall be held to answer for any crimes Prosecutions 
or oflence, until the same is fully and plainly, substantially 8P^ck.2u, 
and formally, described to him ; or be compelled to accuse, is pick. 434. 
or furnish evidence against himself. And every subject fultzis!^' 
shall have a right to produce all proofs that may be favor- \^Q^lf\^^^- 
able to him : to meet the Avitnesses against him face to face, I Gray', leo. 
and to be fully heard m his defence by hmiseli, or his looray.ii. 
counsel, at his election. And no subject shall be arrested, 2 AUeif.'sei.' 
imprisoned, despoiled, or deprived of his property, immu- ^m^2u,'42%' 
nities, or privileges, put out of the protection of the law, t2\i]en,i7o. 
exiled, or deprived of his life, liberty, or estate, but by the S7 kaes.'sTo, 
judijment of his peers, or the law of the land. 100 Mass. 287, 

107 Mass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 554. 103 Mass. 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 ^^,^y*jy°i^"^^ 
subiect any person to a capital or infamous punishment, criminal cases, 

tf *y ■*- ■*■ ■*■ GXCGPt etc 

exceptino; for the o-overnment of the army and navy, with- s ora.v, 3^29, 373. 

, ^ . 1*^ . * -^ ^ 103 Mass. 418. 

out trial by jur}^ 

XIII. In criminal prosecutions, the verification of facts, Cnmes to be 
in the vicinity where they happen, is one of the great- ^iSnity!" 

est securities of the life, liberty, and property of the i2T'Ma8B!*6i,62. 
citizen . 

XIV. Every subject has a right to be secure from all Slffiiu^e^'*'^ 
unreasonable searches, and seizures, of his person, his ^^^^^"g^''*^^^ g 
houses, his papers, and all his possessions. All warrants, Amend'tiv. '' 
therefore, are contrary to this right, if the cause or founda- scush.seb. 
tion of them be not previously supported by oath or afEr- L^Gray,^454. 
mation, and if the order in the warrant to a civil officer, to Joo'Mas^s'.lfe 
make search in suspected places, or to arrest one or more J^g-j^^^g 269 
suspected persons, or to seize their property, be not accom- 273. 
panied with a special designation of the persons or objects 

of search, arrest, or seizure ; and no warrant ought to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

XV. In all controversies concerning property, and in Right to trial 
all suits between two or more persons, except in cases in exclp'^etc"^ ' 
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 ^i^^-|^^- 
of procedure shall be held sacred, unless, in causes arising ^^^ray, 144. 

^11-1 1 1 1 . . • » 8 Gray, 373. 

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

. • 577 

the legislature shall hereafter find it necessary to alter it. io2Mass. 45,47. 

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



8 



COXSTITUTIOX OF TPIE 



Liberty of the 
press. 



Right to keep 
aiicl bear arms. 
Standing armies 
dangerous. 
Military power 
subordinate to 
civil, 
o Gray, 121. 



Moral qualiti ca- 
tions for office. 



Moral obliga- 
tions of law- 
givers and 
magistrates. 



Right of people 
to instruct rep- 
resentatives 
and petition 
legislature. 



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



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



Frequent ses- 
sions, and ob- 
jects thereof. 



Taxation 
founded on 
consent. 
8 Allen, 247. 



XVI. The liberty of the press is essential to the secu- 
rity of freedom in a state : it ouffht 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 danoerous to liberty, thev oug-ht not to be 
maintained without the consent of the legislatm'e ; and 
the military power shall always be held in an exact subor- 
dination to the ciyil authority, and be g-oyerned by it. 

XVIII. A frequent reciuTcnce 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 
advantaofes of liberty, and to maintain a free goyernment. 
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 requfre of 
their lawo-ivers 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, hj the way of addresses, 
petitions, or remonstrances, redress of the wrongs done 
them, and of the oTievances they suffer. 

XX. The power of suspending the laws, or the execu- 
tion of the laws, ought never to be exercised but by the 
legislature, or by authority derived from it, to be exer- 
cised in such particular cases only as the legislature shall 
expressh' 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 com-t 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. 

XXin. Xo subsidy, charge, tax, impost, or duties 
ought to be established, fixed, laid, or levied, under any 
pretext Avhatsoever, without the consent of the people or 
their representatives in the legislature. 



COMMONWEALTH OF :MASSACHUSETTS. 9 

XXIY. Laws made to punish for actions done before ex post. facto 
the existence of such laws, and Avhich have not been de- i^^AUen, 42if * 

11*1 1-1 • i ' 42-t 42S 434 

dared crimes by preceding laws, are unjust, oppressive, ' ' ' 
and inconsistent with the fundamental principles of a free 
government. 

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

XXVI. Xo magistrate or coiu-t of law shall demand o/flne^g'^and^ 
excessive bail or sureties, mipose excessive fines, or inflict cruei punish. 

-, . ■, ments, pro- 

cruel or unusual punishments. 5 Gray, 482. hibited. 

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

bv the civil maofistrate, in a manner ordained bv the lesfis- 
lature . 

XX^'111. Xo person can in any case be subject to law- citizens exempt 
martial, or to any penalties or pains, by virtue of that law, tia°Cuni^"sT,*etc. 
except those employed in the army or navy, and except 
the militia in actual service, but bv authoritv of the lecris- 
lature. 

XXIX. It is essential to the preservation of the riofhts judges of eu- 
of every individual, his life, liberty, property, and charac- LTt'^"*"*"*^ 
ter, that there be an impartial interpretation of the laws, f Gr*a''v ^472. 
and administmtion of iustice. It is the rio-ht of everv i-fH^°'^o-" 

. . . -, . -, 1 . ."-^ . ' ' Allen, 38o. 

Citizen to be tried by judges as free, impartial, and inde- ^^-^ ^.fj^*- ^i^, 
pendent as the lot of humanity will admit. It is, therefore, Tenure'of their 
not only tlie best policy, but for the secui'ity of the rights ° '^^' 
of the people, and of every citizen, that the judges of the 
supreme judicial coiu"t should hold their offices as long as 
thev behave themselves well : and that thev should have 
honorable salaries ascertained and established bv standinff Salaries, 
laws . 

XXX. In the government of this commonwealth, the Separation of 
legislative department shall never exercise the executive cfarandV^s.'* 
and judicial powers, or either of them : the executive shall menfg.''®^^'^ 
never exercise the legislative and judicial powers, or either 'l'^2)ieu '°Ui 
of them: the iudicial shall never exercise the lesfislative s Alien', 247^53. 

1 . .1 ,.1 . >- T . 100 Mass. 282, 

and executive powers, or either ot them : to the end it 2S6. 

, X J? T 1 J. ^ IW Mass. 247, 

mav be a o;overnment ot laws and not 01 men. 249. 

116 Mass. 317. 129 Maes. 559. 



10 



COXSTITUTIOX OF THE 



PART THE SECOXD. 

The Frame of Government. 

politic ^ ^"'^^ 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 Commojtwealth of Massachusetts. 



CHAPTER I 



Legislative 
department. 



For change of 
time, etc., see 
amendments, 
Art. X. 



Governor's 

veto. 

99 Mass. 636. 



Bill may be 
passed by two- 
thirds of each 
house, notwith- 
etaudiag. 



THE LEGISLATIVE POWER. 

Section I. 
TJie General Court. 

Article I. The department of legislation shall be 
formed bj^two branches, a Senate and House of Represent- 
atives ; each of which shall have a negative on the other. 

The legislative body shall assemble every 3'^ear [on the 
last Wednesday in May, and at such other times as they 
shall judge necessary ; and shall dissolve and be dissolved 
on the 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 sunie. 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 
whichsoever the same shall liave ori2:inated ; 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 tin; legislature, where it shall also be reconsid- 
ered, and if a})}n'oved 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. „ 

1 1 •!• 1 '11 T^or exception 

And in order to prevent unnecessary delays, it any bill in case of ad- 
or resolve shall not be returned by the governor within the'ge'^erai" 
five days after it shall have been presented, the same sliall the five da>", 
have the force of a law. 3 Mass. 567. _ Srirt. i. 

III. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and j^idLatoAes" ^ 
com-ts of record, or other courts, to be held in the name ord'etc.* '^^''" 
of the commonwealth, for the hearing, trying, and deter- i.2^JrJy,^i47, 
mining of all manner of .crimes, oflfences, pleas, processes, is-i. 
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 com*ts and judicatories are hereby given and ^.^''''administer 

granted full power and authority, from time to time, to oaths. 

administer oaths or affirmations, for the better discover}^ 

of truth in any matter in controversy or depending before 

them. 

IV. And further, full iDower and authority are hereby General court 

- -,,.-, I J 1' j_- i. may enact laws, 

given and granted to the said general court, irom time to etc. 
time to make, ordain, and establish, all manner of whole- 4:A\\In,iiz. 
some and reasonable orders, laws, statutes, and ordinances, 237^^^^°' ^"^' 
directions and instructions, either with penalties or with- 100 Mass. 544, 
out; so as the same bo not repugnant or contraiy to this ne Mass. 467, 
constitution, as they shall judge to be for the good and may enact 
welfare of this commonwealth, and for the government repugnlntto* 
and ordering thereof, and of the subjects of the same, and g^2ii°°®"5'^f°°' 
for the necessary support and defence of the government 
thereof; and to name and settle annually, or provide by may provide 

£> ^ ^ ij- ^^ • ^ ij.i* n • m m for tbe election 

iixed laws lor the naming and settling, all civil omcers or appointment 
within the said commonwealth, the election and consti- ll5°MaB8^602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several th^r^^^fe?."^* 
duties, powers, and limits, of the several civil and military 
officers of this commonwealth, and the forms of such 
oaths or affirmations as shall be respectively administered 
unto them for the execution of their several offices and 
places, so as the same be not repugnant or contrary to 



12 CONSTITUTION OF THE 

may^mpose'^* this coiistitution ; and to impose and levy proportional 
taxes, etc. jmd reasonable assessments, rates, and taxes, upon all the 

12 Mass. 'Jo2. ... ., , , -j , ■■■ , . 

5 Allen, 428. inlial)itants 01, and persons resident, and estates lying, 
8 Allen,' 247,*253. within the Said commonwealth; and also to impose and 
11 AiieD,' 268.' levy reasonable duties and excises upon any produce, 
235^2m"'24o'^^^' goods, warcs, merchandise, and commodities, whatsoever, 
3i3'5uo'6i2' brought into, produced, manufactured, or being Avithin 
98 Mass. 19. tlic saiiic I to bc issucd and disiwsed of by warrant, under 

100 Mass. 285, i j ^ 

101 Mass! 575' tlic liaud of tlic govcmor of this commonwealth for the 



585 



& 



los'Mass. 267. tiiiic bciug, with the advice and consent of the council, 
114 Mass. 388, ^'^j, ^1^^ public scrvicc, in the necessary defence and sup- 

118 Mass' 386* P^^^ ^^ ^^c govemmeut of the said commonwealth, and 
i23Mas8 493 ^^^ protcction and preservation of the subjects thereof, 
495. ' accordinjy to such acts as are or shall be in force within 

127 Mass. 413. , '^ 

may impose tUe SaillC • 

disposed'o/fo^* -^i^d while the public charges of government, or any 
UM"etc' P''"*'^''' part thereof, shall be assessed on polls and estates, in the 
8 Alien, 247, 256. manner that has hitherto been practised, in order that 
Elites once in such assessiiients may be made with equality, there shall 
leasCwhiie^tc. ^^ ^ Valuation of estates within the commonwealth, taken 
126 Mrs's^MV anew once in every ten years at least, and as much oftener 
as the general court shall order. 

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



CHAPTER I. 

Section II. 

Senate. 

orandby""""" ARTICLE I. [Thcrc sliall bc annually elected, by the 
whom elected, freeholders and other inhabitants of this commonwealth, 

Bui)erneded "Y ^ ■, . t -, , 

amendments, (|ualined as lu this coustitutiou IS provided, lorty persons 
which was also to bc couucillors and senators for the year ensuing their 
amMi'dme'ilts'!^ clcction ; to bc chosen by the inhabitants of the districts 
Art. XXII. jj^j.^ which the commonwealth may, from time to time, be 
divided b}^ the general court for that ])uri)ose : and the 
general court, in assigning the numbers to be elected by 
the respective districts, shall govern themselves by the pro- 
portion of the public taxes paid by the said districts : and 
For provision as timely make known to the inhabitants of the common- 

to coiiiicillorH, 1 "i 1 T • . 1 T • 

nee amend- Avcalth tiic liiuits ot cacli district, and the number oi coun- 

XVI.' cillors and senators to be chosen therein ; providi'd, 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, dutSuntii, 
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, tlu'ee ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; Worcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshu'e, two.] 

11. The senate shall be the first branch of the legislat- Jf^eof choosing 
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 ^^'■*;?^^/^^g ^^^ ^^ 
least seven days before the ffirst Monday in April,] for qualifications of 

•{, L '' 1 voters, Buper- 

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

. • XXVTTT 

twenty-one years of age and upwards, having a freehold xxx.,xxxi. 
estate within the commonwealth, of the annual income of word^hihabi- 
three pounds, or any estate of the value of sixty pounds, l^^e^islfam^end 
shall have a rio'ht to o'ive in his vote for the senators for ments, Art. 

o o XX I II. which, 

the district of Avhich he is an inhabitant.] And to remove wis annulled by 
all doubts concerning the meaning of the word ' ' inhabi- 12 dray, 21.' 
tant" in this constitution, every person shall be considered 122 Mass. 095, 
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 ^f gi^"®?^"^^ 
such meetings impartially ; and shall receive the votes of 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 

Jimf*TlflTTI flits 

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



14 



CONSTITUTION OF THE 



Time clinnced 
to tiiHt W'ediies- 
day of Juniiury. 
See nmeiui- 
meiitB, Art. X. 



Inhabitants of 
\inincorporuted 
pluutatione, 
wlio pay Htute 
taxes*, may vote. 



Plantation 
meetings. 
Time of eiec- 
tioii cliun)j;ed by 
anioudments, 
Art. XV. 
AsBeseors to 
notify, etc. 



Governor and 
council to ex- 
amine and count 
votes, and insue 
BuminonKcs. 
'i'inie clumtjed 
to liiHt WeilnoB- 
diiy in January 
I)yanieiidment8, 
Art. X. 
Majority 
chan^ceii to 
plurality by 
amenduicnts, 
Art. XIV. 



Senate to bo 
final jud^o of 
eloctioUH, etc., 



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

And the inhabitants of i)lantations unincorporated, 
(jualilicd as this constitution provides, who are or shall 
be empowered and required to assess taxes ujion them- 
selves toAvard 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 tluur res})ective towns ; and the plantation meet- 
ings for that purpose shall l)e held annually [on the .same 
tir.st Monda}^ in April], at such place in the plantations, 
respectively, as the assessors thereof shall direct : Avhich 
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 ]ilaces unincor- 
porated ((lualified as aforesaid) who shall be assessed to 
the support of government by the asses.sors of an adjacent 
toAvn, sliall have the privilege of giving in their votes for 
councillors and senators in the town where they shall be 
assessed, and l)e notified of the jilace of meeting by the 
selectmen of the town where the}' shall be assessed, for 
that purpose, accordingly. 

III. And that there may be a due convention of .sena- 
tors on the [last Wednesday in jMay] annually, the gov- 
ernor with five of the council, for the time being, .shall, 
as soon as may be, examine the returned copies of such 
records ; and fourteen days befoiv the said day he shall 
issue his sunnnons to such persons as .shall ajipear to bo 
cho.sen by [a majority of] voters, to attend on that day, 
and take their S(>ats accordingly : ]irovided. nevertludess, 
that for the first 3'ear the .said returned cojjies shall be 
examined by the president and five of the council of the 
former constitution of governnuMit : and the said president 
shall, in like manner, issue his summons to tht> ])i'r.sons 
.so elected, that they nv.iy take their seats as aforesaid. 

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



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution; and shall, [on the said ^^,1^ ^'^^ ™^'"- 
last Wednesday in Mayl annually, determine and declare Time chanKed 

- "^- 1 T • 1 n to fiiHt \\ edues- 

who are elected by each district to be senators [by a dayof Jauuary 
majority of votes; and in case there shall not appear to ments, Art. x. 
be the full number of senators returned elected by a chan^ei^to 
majority of votes for any district, the deficiency shall be ^\nemiments, 
supplied in the following manner, viz. : The members of Ait. xiv. 
the house of representatives, and such senators as shall 
be declared elected, shall take the names of such persons 
as shall be found to have the hio-licst 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^^j"*''®*- ^'°^ 
senators sufficient to fill up the vacancies in such district ; changed to 
and in this manner all such vacancies shall be filled up in pe'op'ie" ^ 
cveiy district of the commonwealth ; and in like manner mTnt^Art. 
all vacancies in the senate, arising by death, removal out ^^i^- 
of the state, or otherwise, shall be supplied as soon as may 
be, after such vacancies shall happen.] 

Y. Provided, nevertheless, that no person shall be Qualifications 
capable of being elected as a senator, [who is not seised ProptMty quaii- 
in his OAvn right of a freehold, within this commonwealth, Hhe'i"" '*''°'" 
of the value of three hundred pounds at least, or possessed ^*<rnte"'^\rt 
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] Avho vision as to 
has not been an inhal^itant of this commonwealth for the ainoamend-^^ 
space of five years immediately preceding his election, and, xxil' '^*^** 
at the time of his election, he shall be an inhabitant in the 
district for which he shall be chosen. 

VT. T'he senate shall have power to adjourn themselves , Senate not to 
provided such adjournments do not exceed two days at a thin" wo™ ay's. 
time. 

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

1 . rules. 

proceedings. 

VIII. The senate shall be a court with full authority . siiaiitryaii 
to hear and determine all impeachments made by the 

house of representatives, against any officer or officers 
of thc! commonwealth, for misconduct and mal-administra- 
tion in their offices. But previous to the trial of every 
impeachment the members of the senate shall respectively 
be sworn, truly and impartially to try and determine the Oath. 
charge in question, according to evidence. Their judg- Limitation of 
ment, however, shall not extend further than to removal ''®"*'^"'=®- 
from office and disqualification to hold or enjoy any place 



16 



CONSTITUTION OF THE 



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



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

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



Repreeentation 
of the people. 



Representa- 
tives, by whom 
choBcn. 

Superseded by 
amendments, 
Arts.XH. and 
XIII., which 
were also 
superseded by 
amendments. 
Art. XXI. 
7 Mass. 023. 



Proviso as to 
towns having 
less than 150 
ratable polls. 



Towns liable to 
fine in case, etc. 



Expenses of 
travelling to 
and from tlie 
general court, 
how i):ii(l. 
Annulled by 
Art. XXXV. 



Qualifications 
of a repre- 
Hcutatlvc. 



CHAPTER I. 
Section III. 

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. 

II. [And in order to provide for a representation of 
the citizens of this commonwealth, founded upon the prin- 
ciple of equality, every corporate town containing one 
hundred and fifty ratable polls may elect one represent- 
ative ; every corporate town containing three hundred 
and seventy-five ratable polls may elect two rei)resenta- 
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, ma}^ elect 
one representative ; but no })lace shall hereafter be incor- 
porated with the ])rivilege 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 iqx)n such tOAvns as .shall 
n(\i>lect to choose and return members to the same, agree- 
ably to this constitution. 

[The ex])enses of travelling to the geiu'ral 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 (he house, and does not depart without 
leav(\] 

111. Every member of the lu)use 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- New provision 

.,,/. 11 V, • 1 • ^ • ' ^ J. J} r as to residence. 

itant or, and nave been seised in his own right oi a tree- seeamend- 
hold of the value of one hundred pounds within the town xxl*''^'^*' 
he shall be chosen to represent, or any ratable estate to fcationJal^""' 
the value of two hundred pounds ; and he shall cease to i^^^d by amend- 

.1.1 1. . , ments, 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 
a*^e, and resident in anv particular town in this common- Tiiesepro- 

ij_i J? j_i L'^ j_ T 1 • visions super- 

wealth lor the space oi one year next preceding, having a sededby 

freehold estate Avithin the said town of the annual income Arts^in!"!^., 

of three pounds, or any estate of the value of sixty pounds, xxx"x'xxi 

shall have a rig-ht to vote in the choice of a representative andxxxii. 

P ^ See also amend- 

or representatives lor the said town.] ments, Art. 

V. [The members of the house of representatives shall wasaniiuTiedby 
be chosen annually in the month of May, ten days at least „ '" /* 

•J . .' ' J Kepresenta- 

before the last Wednesday of that month.] tives, when 

^ -^ chosen. 

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

Art. XV. 



VI. The house of representatives shall be the grand House aione 
inquest of this commonwealth ; and all impeachments 

made by them shall be heard and tried by the senate. 

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

. 1 , J 1 Date all money 

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

VIII. The house of representatives shall have power Not to adjourn 
to adjourn themselves ; provided such adjournment shall ^a°/s!*^^°*^° 
not exceed two days at a time. 

IX. [Not less than sixty members of the house of ^^^^ ^^^ 
representatives shall constitute a quorum for doing; busi- Arts. xxi. and 

^ -I ^i & XXXIII. 

ness.J 

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

^^ rGturus etc 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 ruiesl'et'c!*^ 
rules and orders of proceeding in their own house. They May punish 
shall have authority to punish by imprisonment every ^'ences'!"' 
person, not a member, who shall be guilty of disrespect I'l Gray, 2*26. 
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 
members. 



Senate. 
Governor and 
council may 
punish. 

General limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



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

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

XL The senate shall have the same powers in the like 
cases : and the ijovernor and council shall have the same 
authority to punish in like cases : provided, that no impris- 
onment on the warrant or order of the governor, council, 
senate, or house of representatives, for either of the above 
described offences, be for a term exceeding 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 their own 
members, or in such other way as they may respectively 
think best. 



CHAPTEE II. 



Governor. 



His title. 

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



By whom 
chosen, if he 
have a majority 

of VOtCK. 

'J'ime of elec- 
liou changed by 
amenihncntB, 
Art. X., and 
changed again 
by amend- 
ments, Art. XV. 



EXECUTIVE POWER. 

Section I. 

Governor. 

Article I. There shall ])e a supreme executive mag- 
istrate, who shall be styled — The Governor of the 
Commonwealth 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 oavii right, of a 
freehold, within the commonwealth, of the value of one 
thousand pounds ;] [and unless he shall declare himself to 
be of the Clu'istian religion.] 

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



COMMONWEALTH OF MASSACHUSETTS. 19 

a list of the persons voted for, with the number of votes 
for each person against liis name ; and shall make a fair 
record of the same in the town books, and a public decla- As to cities, see 
ration thereof in the said meeting; and shall, in the pres- Art.ii. ' 
ence of the inhabitants, seal up copies of the said list, 
attested by him and the selectmen, and transmit the same 
to the sheriff of the county, thirty days at least before the 
[last Wednesday in ^lay] ; and the sherifl' shall transmit ^ first wednes- 
the same to the secretary's office, seventeen days at least day of January 
before the said [last Wednesday in INIa^^] ; or the select- ments, Art. x. 
men may cause returns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said day ; and the secretar}^ shall 
lay the same before the senate and the house of repre- 
sentatives on the [last Wednesday in May] , to be by them changed to 
examined ; and in case of an election by a [majority] of all an^end ments, 
the votes returned, the choice shall be by them declared ^J"^-^^^- 
and published ; but if no person shall have a [majority] of v/h7nnTveTBon 
votes, the house of representatives shall, by ballot, elect ^as a plurality. 
two out of four persons who had the highest number of 
votes, if so many shall have been voted for ; but, if other- 
wise, out of the number voted for; and make return to 
the senate of the two persons so elected ; on which the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor. 

IV. The governor shall have authority, from time to Power of gov. 
time, at his discretion, to assemble and call together the governor and 
councillors of this commonwealth for the tmie 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, agTceably to the constitution and the laws 
of the land. 

V. The governor, with advice of council, shall have May adjourn or 
full power and authority, during the session of the gen- general court 
eral court, to adjourn or prorogue the same to any time and^onvene ' 
the two houses shall desire ; [and to dissolve the same on ^s to^'dissoiu- 
the day next preceding the last Wednesday in May ; and, ^°°'tg^\'i.^x?' 
in the recess of the said court, to prorogue the same from 

time to time, not exceeding ninety days in any one recess ;] 
and to call it together sooner than the time to which it 
may be adjourned or prorogued, if the welfare of the com- 
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 disBolu- 
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, whcrcb}^ danger may arise to the health or 
lives of the members from their attendanee, he may direct 
the session to be held at some other, the most convenient 
place within the state. 

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

VI. In cases of disae-reemcnt between the two houses, 
with regard to the necessit3% expediency, or time of ad- 
journment or prorogation, the governor, with advice of 
the council, shall have a right to adjourn or prorogue 
the general court, not exceeding ninety days, as he shall 
determine the public good shall re(juire. 

VII. The governor of this commonwealth, for the time 
being, shall be the commander-in-clii(^f of the army and 
navy, 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 
connnonwcalth, 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 pursue, b}^ force of arms, as well by sea as by 
land, Avithin 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, attemj^t or enter- 
prise the destruction, invasion, detriment, or annoyance 
of this commonwealth ; and to use and exercise, over the 
army and navy, and over the miUtia in actual service, the 
law-martial, in time of war or invasion, and also in time 
of rebellion, declared by the legislature to exist, as occa- 
sion shall necessarily require ; and to tjikc and surprise, 
by all ways and means whatsoever, all and every such 
person or persons, with their ships, arms, ammunition, 
and otlier 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 oflices of ca|)- 
tain-general and commander-in-chief, and admii'al, to be 
exercised agreeahly to the rules and regulations of the con- 
stitution, and the laws of th(^ 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 

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

VIH. 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 ^^'^^^^' ^^'^• 
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 ])artv pleading the same. But not before 
notwithstanding any general or ])articular expressions 109 Maee. 32.3. 
contained therein, descriptive of the oflencc or oiiences 
intended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the judicial oAi. 
solicitor-general, [all sheriffs,] coroners, [and registers of nominated a°^ 
probate,] shall be nominated and a])pointed by the gov- KorprovWonB 
ernor, by and with the advice and consent of the council : »« to election 

■,"■,.., of attorney- 

and every such nomination shall be made by the ffovcrnor, general, see 

^^ iHTif*n fi m f Tits 

and made at least seven days prior to such appointment. Art. xvii. * 

For provision an to election of ttlieriffH, regiHtcrB of probate, etc., see amendments, 
Art. ,XIX. For provision as to appointment of notaries public, see amendments. 
Art. IV. 

X. The captains and subalterns of the militia shall be Miiitia officers, 
elected by the written votes of the train-band and alarm Li'mitation of 
list of their respective companies, [of twenty-one years byVme^nd'- ""* 
of age and upwards ;] the licld officers of regiments shall mei^ts. 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- nowcommis. 
missioned by the governor, Avho shall determine their rank. ^^^"^ ' 

The legislature shall, by standing laws, direct the time Election of 
and manner of convening the electors, and of collect- ^^*'®"- 
ing votes, and of certifying to the governor, the officers 
elected. 

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

•' ~ . I I • . "'"'^ appointed 

house of I'cpresentatives, each having a lu^gative uj)on the andcommis- 
other ; and be commissioned by the governor. 

For provisione 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 clec- etc. ' 



22 



CONSTITUTION OF THE 



Officers duly 
commiseioned, 
how removed. 
Superseded by 
amendments, 
Art. IV. 



Adjutants, etc. 
how appointed. 



Army officers, 
how appointed. 



tions, after being duly notified, according to the laws for 
the time being, then the governor, with advice of council, 
shall appoint suitable persons ta fill such offices. 

[And no officer, duly commissioned to command in the 
militia, shall be removed from his office, but by the address 
of both houses to the governor, or by fair trial in court- 
i^iartial, 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 
brigade-majors ; and the major-generals thek* aids ; and 
the governor shall appoint the adjutant-general. 

The governor, with advice of council, shall appoint all 
officers of the continental army, whom by the confederal 
tion of the United States it is provided that this conmion- 
wealth shall appoint, as also all officers of forts and 



Organization of 
militia. 



o-arrisons. 



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



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



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

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

XII. All public boards, the commissary-general, all 
su})erintending officers of public magazines and stores, 
belono'ino- to this commonwealth, and all commandinor 
officers of forts and garrisons within the same, shall once 
in every three months, officially, and without requisition, 
and at other times, wIumi required by the governor, deliver 
to him an account of all goods, stores, provisions, ammu- 
nition, cannon with their appendages, and small arms 
with their accoutrements, and of all other })ublic i)roperty 
whatever under their care respectively ; distinguishing the 
quantity, number, quality and kind of each, as particu- 
larly as may be ; together Avith the condition of such forts 
and gaiTisons : and the said conimandin<2: 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. 

Xni. As the public good requires that the governor salary of 
should not be under the undue influence of any of the e°^«''^°'^' 
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 by standing laws : 
and it shall be among the first acts of the general court, 
after the commencement of this constitution, to establish 
such salary by law accordingly. 

Permanent and honorable salaries shall also be estab- salaries of jus- 

Tii, -, n ,1 •,. pji .T'l i tices of supreme 

lished by law tor the justices ot the supreme judicial com*t. judicial 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 fnsufflcient. 
to time, be enlarged, as the general court shall judge 
proper. 



CHAPTEE II. 

Section II. 

Lieutenant-Governor, 

Article I. There shall be annually elected a lieu- Lieutenant- 
tenant-governor of the commonwealth of Massachusetts, utre^and'^quaTi- 
whose title shall be — His Honor; and Avho shall be fmen°dment^8r 
qualified, in point of [religion,] [property,] and residence xxxrv?"*""^ 
in the commonwealth, in the same manner with the gov- 
ernor ; and the day and manner of his election, and the 
qualifications of the electors, shall be the same as are re- 
quired in tiie election of a governor. The return of the How chosen, 
votes for this officer, and the declaration of his election, 
shall be in the same manner ; [and if no one person shall p/urauty pro- 
be found to have a maiority of all the votes returned, the videdforby 

•) J ' amendments, 

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



21 



coNS'iirirrioN oi' riiK 



I'vchiiliMiti of 
('(Miiirll 

l.ll'lllclllllll- 
^■ll\ I'l IIIM II 
IIIKIIllxM' III', 
<>M'tllll, l>l0. 



sciiljiiivcs, ill (he nmiiic mMiiiicr as (lie «:()\cni(»i" is Id Uo 
<'li'clc(l, ill ciisc no one pcison sluill liiiNC a majorilA' ol" llio 
voles of (he pfoplc (o l)(> o'ovciiior. | 

II. Tlic ii(>\ ctiior, and in his absence llic iiciileiianJ- 
j^ONcrnor, sliall he presiih-nl of (he coiincil, hul shall ha\t> 
MO Nole in eoimeil ; and lh<^ lieiilenanl-i;d\ernor shall 
al\va\'s he a ineinher of (he council, exce|)( when (he chair 
of (he <;(i\cinor shall he \acanl. 
'■'""'""""/-. III. \\ iicnevcr (he chaif ol" (he governor shall he 

HHMTIHir III lio .^ 

ii.iiiiKKovoiiii.i, Micanl, lt\' I'easoM of his d(>a(h, or ahscnce iVoin (he com- 

In c'UMO, t'to. • I'll- -I 

iiionw callh, or odierwise, (he lieii(enan(-ii()\ «'riior, lor (he 
(iiue heini;, shall, dnrinii' such \acanc\', peiloini all (he 
<lulit>s incimil>en(. upon (he j^'oncmmiot, and shall have and 
exercise all (h(> powers and nu(hori(ies, which l)\ (his con- 
sliddion (he i;-o\ «'rnor is \t's(('(l wi(h, wla-n pefsonallv 



CiUlllOll. 

N uiiitii'v iif 
rouiii'llliii'H 
i'Iiiiii^ihI III 
olKliI, 

St'O IIIIIKhll 

iiii'iilH, Art. 
\VI. 



('!! A ri'FJi II. 
Skotion 111. 

Council, n ml (lie Mdinitr tij' still iiuj I'Ucct Ions In/ the Lajis- 

Idliin'. 



A i; rici.i', I. There shall he a couinil ("or ad\ isini^' (he 
li-o\(M'nor in (he execulivc pari ol" (he i:,(»\(M'iuuen( , (o con- 
sis( ol" I nine | persons besides (he liciiliMUllit-ii'ovenior, 
whoiu (he o()\(\i-ii(n-, |o|- (h,. (ime beinii', shall have lull 
power and aulhorih, li-oin lime lo lime, a( his dis('re(i(»n, 
(o assemble and call (oncdier; and (he i^ov iM-nor, wi(h (he 
said councillors, or li\'e ol" (hem a( leasl, shall and luav, 
liom (imc (o (im(\ hold and keep a council, l"oi" (he order- 
in*"" and direcliiii;' (he all'airs ol" (lu' coimuonwcaUh, aeeonl- 
iiiii' lo (he laws ol" (he land. 

II. I Nine councillors shall be annualU chos(>ii from 
anioni;" (he persons re(urned I'oi- councillors and senaloi's, 
on (he lasl ^^'edm'sdav in Mav, bv (he ioin( ballol iA' 
(he scna(ors and rcpres<>M(ali\'es assiMubled in one room ; 
and in case (her(> shall not be round upon (he lirst choice, 
(he whoh' number ol' niiu' pt>rsons who will accept ii seat 
in the c«>uiH'il, (h(> delicienc\' shall b«> mad(> up h\ the 
«dec(ors aToresaid li'oiu amoni^' ihe people at larii'e ; and 
Ihc nuudicr ol" siMUitors left shall conslilut«' the senate 
loi' (he vear. Tlu' seats ol" (he persons ihus idcclcd Trom 
ii.iH. iiu.it mmiN (In, soiiali', and acccptino- (he (rust, shall be vat-ated in (ho 

to lui VIU-|lll>ll. « '^ 

stMiate. I 



Nuiiilii>r; from 
^vllolll, iiiiil liow 

I'llOHI'll. 

MoiIII\imI liy 

llllll'llllllUHltN, 

AiiB. \. itiiil 
Mil. 

Hii|ii'rHiiiloil liy 
iiiiioiiiIiiii'IiIn, 
.\rl. .\VI. 



If HoimtorH In 

COIIIO COIIIU'll 



COMMONWKAI/I'll Ol^' M ASSACmiSKT'rS. 25 

III. Tlic (•ouiiciiloi-s, in (lie civil i»iriui«:;('ni(^ritH of llic Kimu ..r 

I I I II I I /• t !• i coiMirlllorH. 

coiiiiiioiivvciiHIi, ,sli!ul liJivo rank ui'xt uKcr Ilic liciih^nunt- 
•fovcrnor. 

IV. I Not \uoro than two comicilloi-s sliiill he chosen nto fiiHtrict. to 
(jut ol any on(^ (iisti'icX oi this coninionwcaltii. j two. 

HiiporHixU^d by iiriioiiilriiuntH, Art. XVI. 

V. The rcHohilions and a(lvic<! ol' IIk^ council shall jx- ifi-KiMcr ..f 
r(M'()rd(Kl in a r(^<(ist(!i', and si^iK^d by tin- iiicnilxa'H ))r(^s(•nt ; 

and this r(!cord may \h\ called I'oi- nt any tiiii<^ by eidier 
house of th(i legislature ; nnd any Mieinbei' of the council 
iiiiiy insi^i't his opinion, contrai'y (o tln^ resolution (»!" (he 
luiijority. 

VI. WheiK^Vei' the ollice of llie ^OV(U'nor ;ilid lieilleil- ('.,iiii<ll to cxor. 
. I 1 1 I i I I- \ I \ I '''•*" "'" l"'W(!r 

ant--<^()V(!rn()r shall be; vacant, by reason ol dealli, ;i,bsence, ,,f K<)v.iii..riii 
or otherwise, (hen (he council, or (lu- major pai't of (hem, '■'""'• "'^'=- 
shall, diii'in<i' su<h vacancy, liav<^ full powc!' and aulhorily 
lo do, and e.\ecut(!, all and every such ac(s, inaKcrs, iiiid 
thin<j^s, as the; <icov('rnor or (he lieu(enan(-;rov<'rnor nii^di(- 
or could, by virdie of this constitulion, do or e\<'cu(e, if 
Ihey, or eidier of (hem, wer<^ |)ersonally presc^nl. 

VII. I And wiierciis (Ik^ (dec! ions iippoiided (o be made, iiicctionK mny 
by (his c()iis(itu(ion, on (he last VVednesdiiy in Miiy aimu- imi'i'i, ('tc.'"" 
ally, by the (-wo houses of (he le^isliUure, may no(, be 
coinphd.ed on (li;i((|;i\, (hesiiiil (d(u',(ions may b<^ adjourned 

IVom day to day iindl (Ik^ same shall be; complebd. And «»"''•'• ii"rW. 
i\w, order of (d<!ctioiis shall b(! as follows : (he \iic;incies in u"i<i"iriMiitH, 
tlx', senat(% if any, shall first be filled up ; (he <^ov<'rnor xxv.' 
and lieu(enan(-^()vernoi' shall (hen be (declcd, |)i'ovid(!d 
tliei'e should be no choice of (hem by (Ik^ p<'Opl(! ; and 
aftc^rwards tlu; two houses shall [mjceed to the election of 
the council.] 



CIIATTKR II. 

Skction IV. 
SM'vatary , TraaMurar^ (jom/nvhrnry ^ civ. 
Atiticle 1. [Tlu! seen^tnry, (i-easurer and receiver- Sfcrctary, otc, 

I 1,1 • ' I . . , |. I I I'V wliotii and 

f^enei'al, and the c()mmissary-<!:etieral, noiaries |)ubli(^ !ind | i,;.w (iIk-h.^m. 
naval oflicers, slisill be chosen annually, by joinl, biill(»( of tiri'iillrtion'l!" "* 
th(i senators and re|>res(;ntatives in one room. And, (hat I'/,'.'i,r',u'i'(7r<'™''''' 
the citi/<^ns of this commonwcaKh niiiy be assured, from ''lyoi K.n<'nii 

. • . . , uiiil uiiilUoi' 1111(1 

time to (line, ( ha(, (he moneys remiiinin<r in (he public """I'K'v k<"i 
treasury, uixjii the s(!t(lem(!nt and li(|iii<lii,(ioii ol (Ik^ pub- miniH, Art. 



26 



CONSTITUTION OF THE 



Treasurer in- 
eligible for 
more than five 
successive 
years. 



Secrettwy to 
keep records ; 
to attend tlie 
governor and 
council, etc. 



lie accounts, are their property, no lutin .shall be eligible 
as treasurer and receiver-general more than five vears 
.successively. 

For provision as to appointment of notaries public and the commissary-general, see 

amendments, Art. IV. 

II. The records of the eoninionwealth shall be kept in 
the office of the secretarj^ 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 
coniniissioned 
ottlcers to be 
expressed. 
Judicial officers 
to bold oHice 
during good 
behavior, ex- 
cept, etc. 
But may be 
removed on 
address. 



Justices of su- 
premo judicial 
court to give 
opinions when 
required. 
122 Mass. 600. 
126 Mass. 557, 
561. 

Justices of the 
peace; tenure 
of tlieir otlice. 
3 Gush. 584. 



For removal of 
justices of the 
peace, see 
amen(hnents, 
Art. XXX VII. 



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



JUDICIARY row Eli. 

Article I. The tenure, that all commission officers 
shall by law have in their otKces, shall be expressed in 
their resj^ective commissions. All judicial officers, duly 
ap})ointed, commissioned, and sworn, shall hold tlieir offices 
diu'ing good behavior, excepting such concerning whom 
there is ditferent provision made in this constitution : 
provided, nevertheless, the governor, with consent of the 
council, may I'cmove them upon the address of both houses 
of the leiiislature. 

11. Each branch of the legislature, as well as the gov- 
ernor and council, shall have authority to reciuire the o})in- 
ions of the justices of the supreme judicial court, upon 
important questions of law, and uj^on solemn occasions. 

in. In order that the i)eo})le may not sillier from the 
long continuance in ])lace of any justice of the })eace who 
shall fail of discharging the important duties of his office 
with al)ility or fidelity, all commissions of justices of the 
])eace shall expire and become void, in th(> term of seven 
years from their r(>s]iective dates ; and, upon the ex})ira- 
tion of am' comniissjon, the same mav, if necessarv, be 
renewed, or another person appointed, as shall most con- 
duce to the well-being of the commomvealth. 

IV. The judges of })r()bate of wills, and for granting 
letters of administration, shall hold their courts at such 
place or jilaces, on fixed days, as the convenience of the 
jjcople shall reciuire ; and the legislature shall, from lime to 
time, hereafter, appoint such times and i)laccs ; until wjiich 
appointments, the said courts shall be hoUlen at the times 
and places which the respective judges shall direct. 



COMMOXWEALTH OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, and alimony, and ^^orcTlind 
all appeals from the iudo^es of probate, shall be heard and alimony. 

• 1 1 •' C 1 ' -111' Other pro- 

determmed bv the o-overnor and council, until the lesfis- visions made 

*" bv law 

lature shall, bv law, niake other provision. los Mass. 327. 

116 Mass. 317. 



CHAPTER IV. 



DELEGATES TO CONGRESS, 



[The deleo'ates of this commonwealth to the cono-ress of Delegates to 

1 T^ • 1 '< 1 11 • • 1 1 r» T congress. 

the Lnited fetates, shall, some time m the month 01 June, 
annually, be elected by the joint ballot of the senate and 
house of representatives, assembled together in one room ; 
to serve in cono-ress for one vear, to commence on the first 
Mondav in Xovember then next ensuino-. Thev 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, ^°"^s®- 
laid the foundation t)f Ilarvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them for public emplojinents, both in church 
and state : and whereas the encourasfement of arts and 
sciences, and all good literature, tends to the honor of 
God, the advantage of the Christian religion, and the great 
benefit of this and the other United States of America, 
— it is declared, that the President and Fellows of Powers, prM- 
Harvard College, in their corporate capacity, and Ihfpre^Tdent 
theu' successors in that capacity, their officers and ser- confirmed.*' 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, immuni- 
ties, and franchises, which they now have, or are entitled 



28 



Acts, 1911. — Chaps. 39, 40. 



Chap. 39 An Act relative to the protection of wood or summer 

DUCK. 



190G, 274, 

§ 1, 

iiinended. 



Protection of 
certain birds. 



Be it enacted, etc., as follows: 

Section one of chapter two himdred and seventy-four of 
the acts of the year nineteen liundred and six is hereby 
amended by striking out the word "eleven", in the second 
hne, and inserting in place thereof the word: — sixteen, — 
so as to read as follows: — Section 1. It shall be unlawful, 
prior to the first day of September in the year nineteen 
hundred and sixteen, to hunt, capture, wound or kill a 
wood or summer duck. Appruved February 15, 1011. 



Brockton 
Wiitor Ijoan 
1911. 



Chap. 40 An Act to authorize the city of brockton to make an 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton, for the purposes 
named in chapter one hundred anfl twenty-four of the acts 
of the year eighteen hundred and seventy-eight, and also 
for the purpose of constructing such storage reser\oir or 
reservoirs for its water department, as it shall deem neces- 
sary within its limits or in the adjoining town of Avon, 
may issue from time to time bonds, notes or scrip to an 
amount not exceeding two hundred thousand dollars in 
addition to the amounts heretofore authorized by law to 
be issued by said city for water works pui'poses; and the 
same shall not be reckoned in determining the statutory 
limit of indebtedness of the city. Such bonds, notes or scrip 
shall bear on their face the words, Brockton Water Loan, 
1911, shall be ])ayable at the expiration of periods not 
exceeding thirty years from their 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 city and countersigned by the mayor. 
The city may sell such securities at ]niblic or ]>rivate sale, 
or pledge the same for money borrowed for the ])urposes 
of this act upon such terms and conditions as it n)ay deem 
])roper: proridcd, that such securities shall not be sold for 
less than their ])ar ^•ahle•, and provided, further, that no part 
of the ])roceeds of the sale of .said bonds, notes or scrip shall 
be used in ])ayin<'iit of running expenses. 



Provisos. 



Acts, 1911. — Chap. il. 29 



b 



Section 2. The city shall at the time of authorizing said Joa^'"*""*"^ 
loan provide for the payment thereof in such annual pro- 
portionate 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 prescribed by 
this act; and when a vote to that effect has been passed, 
a sum which with the income derived from water rates will 
be sufficient to pay the annual expense of operating its water 
works and the interest as it accrues on the bonds, notes or 
scrip issued as aforesaid by said city, and to make such 
payments on the principal as may be required under the 
provisions of this act shall, without further vote, be assessed 
by the assessors of the city annually thereafter, in the same 
manner in which other taxes are assessed under the provi- 
sions of section thirty-seven of chapter twelve of the Re- 
vised Laws, until the debt incm'red by said loan is extm- 
ffuished. 

Section 3. This act shall take effect upon its accept- 
ance by the city council of said city. 

Approved February 15, 1911. 

An Act to authorize the city of brockton to construct (j]iQjy ^\ 
A storage reservoir for its water department within 

its limits or in the adjoining town of AVON. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton, for the purpose of Brockton^ 
improving its water supply svstem bv the construction of may construct 

° . i X I ._ V . , a storage 

a storage reservon- or reservoirs, may take, or acquire by reservoir. 
purchase or otherwise, and hold all lands, rights of way and 
easements necessary for the purpose, situated in the city 
of Brockton or in the adjoining town of Avon. 

Section 2. Said city may erect on the land thus acquired other*^Jt*ruc- 
reservoirs, filter basins, buildings, fixtures and other struc- tuyes for the 
tures, and may establish all necessary conduits, pipes and water, etc. 
other suitable structures for delivering water to said city, 
and may construct and lay down aqueducts, conduits, pipes 
and other works in, under, through or over any lands, water 
courses or public or private ways, within the limits of said 
city, or from said city within the limits of said town to its 
storage reservoir. For the purpose of constructing, main- 
taining and repairing such conduits, pipes and other w^orks 
should the said storage reservoir be located in said town, 
said city may dig up any lands, and, under the direction 



30 



Acts, 1911. — Chap. 42. 



Description 
of hind, etc., 
taken to be 
recorded. 



Damages. 



Penalty for 
destruction 
of property, 
etc. 



of the board of selectmen of the said town, may enter upon 
and dig up any such ways in such manner as to cause the 
least hindrance to public travel thereon, and shall restore 
and keep in repair such ways when they have been dug 
up, to the satisfaction of the selectmen of the said town. 

Section 3. Said city shall, within sixty days after the 
taking of any lands, rights of way or easements under this 
act, file and cause to be recorded in the registry of deeds 
for the county within which the same are situated a descrip- 
tion thereof sufficiently accurate for identification, with a 
statement of the purpose for which the same were taken, 
signed by the water commissioners of the city. 

Section 4. Said city shall pay all damages sustained by 
any person, corporation or town, by the taking of any land, 
right of way or easement, or by any other thing done by 
the city under the authority of this act. Any ])erson, cor- 
poration or town sustaining damages as aforesaid, and fail- 
ing to agree with said city as to the amount thereof, may 
have them determined in the manner provided by law when 
land is taken for laying out highways, on application at any 
time within two years after the taking of any such land or 
other property, or after the doing of any other injury under 
authority of this act; but no such application shall be 
entertained after the expiration of two years from such 
taking. 

Section 5. If any person shall destroy or injure any 
dam, reservoir, aqueduct, pipe, conduit, hydrant, machin- 
ery or other j)r()perty held, owned or used by said city imder 
the authority of this act, he shall forfeit and pay to the city 
three times the amount of damages assessed therefor, to be 
recovered in an action of tort; and, on conviction of any of 
the wanton or malicious acts aforesaid, may be i)unished 
by a fine not exceeding three hundred dollars or by ini])rison- 
ment in a jail or house of correction for a term not exceed- 
ing one year. 

Section 0. This act shall take effect upon its passage. 

Approved February 15, 1911. 



Chap. 42 An Act to autiiokize the town of Cheshire to refund 

certain notes. 



The town of 
Cheshire 
may refuiHl 
certain notes. 



Be it enacted, etc., «*■ follows: 

Section 1. For the jinrpose of paying certain outstand- 
ing notes amounting to eleven thoii.sand two hundred and 



Acts, 1911. — Chap. 43. 31 

forty dollars, the town of Cheshire is hereby authorized to 
borrow the said sum and to issue notes therefor. One of 
the said notes shall be payable in each year after the said 
loan is made, and the amount of the first nine notes so issued 
shall be eleven hundred dollars each, and the amount of 
the tenth note shall be thirteen hundred and forty dollars. 
The said notes shall be signed by the treasurer and counter- 
signed by the selectmen of the town, and shall bear inter- 
est at a rate not exceeding four and one half per cent per 
annum. The money required to pay the interest on said 
notes in each j^ear and that part of the principal which 
becomes due in that year shall be raised by taxation in the 
manner in which the other expenses of the town are pro- 
vided for. 
Section 2. This act shall take effect upon its passage. 

Approved February IS, 1911. 

An Act relative to the annual preparation and print- (Jji^jy^ 43 

ING OF A LIST OF STATE OFFICIALS AND THEIR EMPLOYEES 
WITH THEIR SALARIES OR COMPENSATION. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and §^1^''' ^^^' 
sixty-eight of the acts of the year nineteen hundred and a°iended. 
ten is hereby amended by striking out the words "the 
complete data and facts called for by this act", in the last 
line, and inserting in place thereof the words : — a sum- 
mary by departments, commissions, bureaus and boards of 
the total number of officials and employees employed in 
or by every such department, commission, bureau and board 
and the total amount paid for services by every such depart- 
ment, commission, bureau and board from the treasury of 
the commonwealth, and, respectively, the whole number of 
such officials and emplo.yees, and the whole amount paid 
for services in a grand total; and a summary by every 
such department, commission, bureau and board of the 
total number of such officials and employees and the total 
amount paid for services for the year nineteen hundred and 
ten, and for each and every year thereafter, — so as to 
read as follows: — Section 1. Every department, commis- Lists of 
sion, bureau or board of the commonwealth, shall, on or employee^ 
before the fifteenth day of July in the year nineteen hun- ^*''- 
dred and ten, and on or before the fifteenth day of July 
in every year thereafter, prepare and furnish to the governor 



32 



CONSTITUTION OF THE 



Incompatible 
offices. 



Briber}', etc., 
disqualify. 



Value of money 
ascertained. 



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



Provisions 
respecting 
commissions. 



Provisions re- 
specting writs. 

2 Pick. 592. 

3 M et. 58. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Mass. 59. 

2 Mass. f.3-1. 

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



Benefit of 
/iKhent corpus 
secured, except, 
etc. 



same time have a seat in the senate or house of representa- 
tives ; but their being chosen or appointed to, and accept- 
ing 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 anj councillor shall accept of 
either of those offices or places. 

And no person shall ever be admitted to hold a seat in 
the legislature, or any office of trust or importance under 
the government of this commonwealth, who shall, in the 
due course of law, have been convicted of bribery or cor- 
ruption in obtaining an election or appointment. 

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

Y. 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 thc}^ 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 usuall}^ pmctised on in the courts 
of law, shall still remain and be in full force, until altered 
or repealed by the legislature ; such ]xirts only exce])ted 
as are repugnant to the rights and liberties contained in 
this constitution. 

VII. The privilege and benefit of the yxrit of habeas 
corpus shall be enjoyed in this commonwealth, in the most 
free, easy, cheap, exp(>ditious, and ample manner; and 
shall not be suspondod ]\v the legislature, except iqion tiie 
most urgent and jn-essiiig occasions, and for a limited 
time, not exceediiiii" twelve months. 



COMMONWEALTH OF MASSACHUSETTS. 33 

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

IX. To the end there may be no failm^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 eflect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them granted 
or committed, until other persons shall be appointed in 
their stead ; and all 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 authorit}^ ; 
until the general coiu't, and the supreme and executive offi- 
cers under this constitution, are designated and invested 
with their respective trusts, powers, and authorit}^ 

X. [In order the more effectually to adhere to the Provision for 
principles of the constitution, and to correct those viola- stitutkm.*^'*'' 
tions Avhich by any means may be made therein, as well provtdonaf to 
as to form such aUerations as from experience shall be g™'*am"nd.**' 
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 unincorporated planta- 
tions, directing them to convene the qualified voters of 
their respective towns and plantations, for the piu-pose of 
collecting their sentiments on the necessity or expediency 
of revisino; the constitution, in order to amendments. 

And if it shall appear, by the returns made, that two- Provision for 
thirds of the qualified voters throughout the state, who Btuutiol!°°" 
shall assemble and vote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general cornet shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns 
to elect delegates to meet in convention for the purpose 
aforesaid. 

The said deleo-ates to be chosen in the same manner 
and proportion as their representatives in the second 
branch of the legislature are by this constitution to be 
chosen.] 



34 



CONSTITUTION OF THE 



preJirl^ngand ^I- Tliis foriTi of govemmeiit shall be enrolled on 

coDBtitution''''' parchment, and deposited in the secretar3''s office, and be 

a part of the laws of the land ; and printed copies thereof 

shall be prefixed to the book containing" the hiws of this 

commonwealth, in all fntm-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 ConBt., Ch. 
I., § 1, Art. II. 



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



Proviso. 

112 Mass. 200. 



Qnalificationeof 
voters for gov- 
ernor, lieuten- 
ant-governor, 
senators and 
representatives. 
See amend- 
ments. Arts. 
XXX. and 
XXXII. 
ll]'ick..538,540. 
14 1'ick.341. 
14 Mass. 367. 
6 Met. 102,298, 
591,504. 



AKTICLES OF AMEND:\IENT. 

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

Art. II. The general court shall have full power and 
authorit}^ to erect and constitute municipal or city gov- 
ernments, in an}^ 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 o-overnment 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, ])ursuant to a vote at a meet- 
ing duly warned and holden for that purpose. And pro- 
vided, also, that all by-laAvs, 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 twentv-one A'ears of 
age and u])wards, excepting })aupers and })ersons under 
guardianship, who shall have resided Avitliiii the common- 
wealth one 3'ear, and within the town or district in which 
he may claim a right to vote, six calendar months next 
preceding any el(>cti()n of governor, lieutenant-governor, 
senators, or re})resentatives, [and Avho shall have paid, 
by himself, or his parent, ma.ster, or guardian, any state 



COMMONWEALTH OF MASSACHUSETTS. 35 

or county tax, which shall, within two years next preced- l^^^^l^^^^ 
ins: such election, liave been assessed upon him, in any 597. 

C5 T . . ,, , . 1111 '^ 124 Mass. 596, 

town or district 01 this commonwealth ; and also every For educational 
citizen who shall be, by law, exempted from taxation, geeamend°.°' 
and who shall be, in all other respects, qualified as above Fo^prov[si^' 
mentioned,] shall have a right to vote in such election of ^ave ser^^dTn ° 
governor, lieutenant-o-overnor, senators, and representa- the army or 

o ' O in -11 • navy in time 

fives ; and no other person shall be entitled to vote in of war, see 

, , . *■ amendments, 

such election. Arts.xxviii. 

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

Art. IV. Notaries public shall be aiipointed by the Notaries puWic, 

,-, ^ . T . . , ,»= how appointed 

governor m the same manner as judicial oihcers are ap- and removed. 
pointed, and shall hold their offices during seven years, 
unless sooner removed by the governor, with the consent 
of the council, upon the address of both houses of the ^®entrAr1;" 
legislature. xxxvii. " 

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

■ jiiTii f n 1 ' offices of secre- 

mon wealth shall become vacant irom any cause, during tary and treas. 
the recess of the general coiu't, the governor, with the ThTs'ciausf^^^^' 
advice and consent of the council, shall nominate and amMdmelSts^^ 
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 ge™"l^maj"be 
require the appointment of a commissarv-ffeneral, he shall appointed, in 

, . 1 . T 1 .."^i. , case, etc. 

be nominated, appointed, and commissioned, m such man- 
ner as the legislature ma}^, by law, prescribe. 

All officers commissioned to command in the militia Miiitia officers, 

, -, n, ^1 . , i 1 T • how removed. 

may be removed irom office in such manner as the legis- 
lature may, by law, prescribe. 

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

Art. VI. Instead of the oath of allegiance prescribed ?y aVoffldre.^" 
by the constitution, the followino; oath shall be taken and ^t^Vrr^^^u t 

•^ , ' o . Ch. 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 Avit : — 

"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 

Quakers may Pvovided^ That wheii any person shall be of the denomi- 

affirm. nation called Quakers, and shall decline taking said oath, 

he shall make his affirmation in the foregoing form, omit- 
ting the word ' ' swear " and inserting, instead thereof, the 
word ' ' affirm," and omitting the words ' ' So help me, God," 
and subjoining, instead thereof, the words, "This I do 
under the pains and penalties of perjury." 
Tests abolished. Art. VII. No oath, declaration, or subscription, ex- 
cepting the oath prescribed in the preceding article, and 
the oath of office, shall be requu-ed of the governor, lieuten- 
ant-governor, councillors, senators, or representatives, to 
qualify them to perform the duties of their respective offices. 
So°S"^""^ Art. VIII. No judge of any court of this common- 
122 Mass. 445, wealth, (cxccpt tlic court of sessions,) and no person 
lasMass. 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 common Avealth, (except the court of sessions,) nor the 
attorney-general, solicitor-general, county attorney, clerk 
of any court, sheriif, treasiu-er and receiver-general, reg- 
ister of probate, nor register of deeds, shall continue to 
hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust ; 
but the acceptance of such trust, by any of the officers 
aforesaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common 
pleas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 
MM^muUGn** *° 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 b}'' 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 iournals of the two houses, with the veas and navs 
taken thereon, and referred to the general court then next 
to be chosen, and shall be }niblished ; 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 
representtitivcs present and voting thereon, then it shall 
be the duty of the general court to submit such proposed 



COMMONWEALTH OF MASSACHUSETTS. 37 

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

Art. X. The political year shall begin on the first commencement 

,. T ' -i n ^ 1 -fTT 1 1 ,. of political 

Wednesday of January, instead of tue 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 b}^ 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 ^^^^^^^'"^^''^^ 
dissolved on the da}^ next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent 
the ofeneral 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 fu-st Wednesday of January, and until 
others are chosen and qualified in their stead. 

[The meeting for the choice of governor, lieutenant- ^0^;*^^ f Jj,'^*^^ 
governor, senators, and representatives, shall be held on emor, ueuten- 

1 1 T» r 1 /• -vT 1 • \ J. ant-governor, 

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

All the other provisions of the constitution, respecting 
the elections and proceedings of the members of the gen- 
eral court, or of any other officers or persons whatever, that 
have reference to the last Wednesday of May, as the com- 
mencement of the political year, shall be so far altered, as 
to have like reference to the first Wednesday of January. 

This article shall go into operation on the first day of ^^gf^iJ^^° 
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 operation, shall 
hold their respective offices until the fu*st Wednesday of 



38 



COXSTITUTIOX OF THE 



Inconsistent 

provisions 

annulled. 



Religious 
freedom 
estahlished. 
See Dec. of 
Rights, Art. 
III. 



122 Maes. 40,41. 



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



January then next followintr, and until others are chosen 
and qualified in. their stead, and no longer ; and the first 
election of the governor, lieutenant-governor, senators, and 
representatives, to be had in vu-tue of this article, shall 
be had conformably thereunto, in the month of November 
following the day on which the same shall be in force, and 
go into operation, pursuant to the foregoing provision. 

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

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

"As the public worship of God and instructions in 
piet}^ religion, and morality, promote the happiness and 
prosperity of a people, and the security of a republican 
government ; therefore, the several religious societies of 
this commonwealth, whether corporate or unincorporate, 
at any meeting legally warned and holden for that pur- 
pose, shall ever have the right to elect their pastors or 
religious teachers, to contract with them for their support, 
to raise money for erecting and repairing houses for public 
Avorship, for the maintenance of religious instruction, and 
for the payment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until they shall file with the clerk of such 
society a written notice, declaring the dissolution of their 
membership, and thenceforth shall not be liable for any 
grant or contract which ma}^ be thereafter made, or entered 
into by such society ; and all religious sects and denomi- 
nations, demeaning themselves peaceabl}", 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." 

Akt. XII. [In order to provide for a representation 
of the citizens of this commonwealth, founded u}X)n the 
princi[)les of equality, a census of the ratable polls, in each 
city, town, and district of the commonwealth, on the first 
da}^ of May, shall be ttiken and returned into the secre- 
tary's office, in such manner as the legislature shall pro- 
vide, within the month of May, in the year of oiu* Lord 
one thousand eight hundred and thirty-seven, and in every 
tenth year thereafter, in the month of ^lay. in manner 
aforesaid ; and each town or city havinii: three hundred rata- 



CO^niOXWEALTH OF MASSACHUSETTS. 39 

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

Any town having less than three hundred ratable polls Towns having 
shall be represented thus : The whole number of ratable rltabie'^poiis, 
polls, at the last preceding decennial census of polls, shall sei^ed?'^^' 
be multiplied by ten, and the product divided by tliree 
hundred ; and such town may elect one representative as 
many 3^ears within ten years, as three hundred is contained 
in the product aforesaid. 

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

Any two or more of the several towns and districts Towns may 
may, by consent of a majority of the legal voters present sentative dis- 
at a legal meeting, in each of said towns and districts, 
respectively, called for that purpose, and held previous to 
the first day of July, in the 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 nmnber 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 determ"ine\he 
Lord one thousand eight hundred and thk'ty-seven, accord- resTntetivlrto" 
ing to the foregoing principles, the number of representa- town^is^'entitied. 
tives, which each city, town, and representative district 
is entitled to elect, and the number of years, within the 
period of ten 3'ears then next ensuing, that eacli 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 n ^ ji T •! 1 j^i ment to be made 

years, thereafter, by the governor and council, and the onceinevery 
number of ratable polls in each decennial census of polls, ^^'^y®^"- 
shall determine the number of representatives, which each 



40 CONSTITUTION OF THE 

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

annuiied. sistcut witli the provislons herein contained, are hereby 

wholly annulled.] 
SbUant°B^!f'be Art. XIII. [A ccnsus of the inhabitants of each city 
and^dJc'cMtahy ^'^^ towu, ou the first day of May, shall be taken, and 
thereafter, for returned iuto tlic Secretary's ofhce, on or before the last 
sentation. day of Juuc, of the year one thousand eight hundred and 
ce'nJus'super forty, and of every tenth year thereafter ; which census 
menfs!*A*r™!'^*^ sliall determine the apportionment of senators and repre- 
XXI. and XXII. seutativcs for the term of ten years. i22MaB8. 595. 

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

ProviBions as to i ^ i • i i i i • 

senators super- and lu the year one thousand eiirht hundred and lortv, 

eeded by amend- , "^ - , I'l l^~^ i '-i 

ments, Art. and cvcry tenth year thereatter, 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. 
^ntatlveVh^w' The mcmbcrs of the house of representatives shall be 
apportioned. apportioned in the followine; manner: Every town or city 

Provisions astoi^.. ii-ii- i 

representatives coutiiining twclvc hundred inhabitants may elect one rep- 
ame^ndme^nts/ rcscntative ; and two thousand four hundred inhabitants 
Art. XXI. shall be the mean increasing number, Avhich shall entitle 

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

sented. 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 
town. Such towns may also elect one representative for 
the year in wliich the vahiation of estates within the com- 
monwealth shall be settled. 
TniteTnto"^ Any two or more of the several towns may, by consent 

dtstricte^^''^ of a majority of the legal voters present at a legal meet^ 
ing, in each of said towns, respectively, called for that 
]iur])ose, and h(^ld before the first day of August, in the 
year one thousand eii>ht hundred and fortv, 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 disti'ict shall have all the rights, in regard to repre- 
sentation, which would belong to a town containing the 
same number of inhabitants. 

The number of inhabitants which shall entitle a town Basis of 

. 1 . j_ i- 1 j^i • • representation. 

to elect one representative, and the mean increasing num- and ratio of 
ber which shall entitle a town or city to elect more than "^•^'®''*®- 
one, and also the number by which the population of towns 
not entitled to a representative every year is to be divided, 
shall be increased, respectively, by one-tenth of the num- 
bers above mentioned, whenever the population of the 
commonwealth 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 Jn^dc^^i^cu^to 
council shall, before the first day of September, apportion nP^bel'^of'^^ 
the number of representatives which each city, town, and repreeentatives 

OT PflPll town 

representative district is entitled to elect, and ascertain once in every 
how many years, within ten years, any town may elect a ^'^y®*'^®" 
representative, which is not entitled to elect one every 
year ; and the governor shall cause the same to be pub- 
lished forthwith. 

Nine councillors shall be annually chosen from among councillors to 
the people at large, on the first Wednesday of January, the'peopfe at*™ 
or as soon thereafter as may be, by the joint ballot of the Provisions as to 
senators and representatives, assembled in one room, who superseded by 
shall, as soon as may be, in like manner, fill up any vacan- ^endments, 
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 j^ears immediately preceding his election ; 
and not more than one councillor shall be chosen from 
any one senatorial district in the commonwealth.] 

No possession of a freehold, or of any other estate, shall quaimclftion^for 
be required as a qualification for holding; a seat in either a seat in general 

i i , . ^ . „ court or council 

branch oi 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 piu?aut*yo/*'^ 
for by the constitution, the person having the highest num- '^°*®^- 
ber of votes shall be deemed and declared to be elected. 

Art. XV. The meeting for the choice of orovernor, Time of annual 

^^ ^^ dcctioD of ffov- 

lieutenant-governor, senators, and representatives, shall emor and legis. 
be held on the Tuesday next after the first Monday in ^^^'^^' 
November, annually ; but in case of a failure to elect rep- 



42 CONSTITUTION OF THE 

resentatives on that day, a second meeting shall be holden, 
for that purpose, on the fourth Monday of the same month 
of November. 
Eight council- Art. XVI. Eio;ht councillors shall be annually chosen 

lors to be chosen ,.,,. pi- Tr-i, 

by the people, by the inhabitants oi this commonwealth, quahned to vote 

12*^ Mass 596 *^ 

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 haA^e been taken, 
and at its first session after each decennial state census 

dwcfstlte*' thereafterwards, shall divide the commonwealth into eight 
districts of contiguous territory, each containing a number 
of inhabitants as nearly equal as practicable, Avithout divid- 
ing any town or ward of a city, and each entitled to elect 
one councillor : provided, however, that if, at any time, the 
constitution shall provide for the division of the common- 
wealth into forty senatorial districts, then the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as 
they shall be, from time to time, established by the legis- 

delSed"^ lature. 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- 

S'of'deSfon ti""^- 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. 

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

vi^iouTstr' ^^^ ^^ councillors, the vacancies shall be filled in the same 

vacancies, see manner as is required for filling vacancies in the senate ; 

Art. XXV. ' and vacancies occasioned by death, removal from the state, 
or otherwise, shall be filled in like manner, as soon as may 

Organization of j^q after such vacancics shall have happened.] And that 

the government. ' n i • i • • c \ 

there may be no delay in the organization oi the govern- 
ment on the first Wednesday of January, the governor, 
with at least five councillors for the time being, shall, as 
soon as may be, examine the retiu'ned copies of the records 
for the election of governor, lieutenant-governor, and coun- 
cillors ; and ten days before the said first Wednesday in 
January he shall issue his summons to such persons as 
apjjcar to be chosen, to attend on that day to be qualified 
accordingly ; and the secretary shall lay the rotiuMis 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. XVII. The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen urerfauditorf^' 
annually, on the day in November prescribed for the genefaVbyThe 
choice of governor ; and each person then chosen as such, people. 
duly qualified in other respects, shall hold his office for 
the term of one year from the third Wednesday in Jan- 
uary next thereafter, and until another is chosen and 
qualified in his stead. The qualification of the voters, 
the manner of the election, the return of the votes, and 
the declaration of the election , shall be such as are required 
in the election of governor. In case of a failure to elect vacanciee, how 
either of said officers on the day in November aforesaid, 
or in case of the decease, in the mean time, of the person 
elected as such, such officer shall be chosen on or before 
the third Wednesday in January next thereafter, from 
the two persons who had the highest number of votes for 
said offices on the day in November aforesaid, by joint 
ballot of the senators and representatives, in one room ; 
and in case the office of secretary, or treasurer and receiver- 
general, or auditor, or attorney-general, shall become 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 by appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, 
duly qualified in other respects, shall hold his office until 
his successor is chosen and duly qualified in his stead. 
In case any person chosen or appointed to either of the To qualify 
offices aforesaid, shall neglect, for the space of ten days ^therwi^e oafce 
after he could otherwise enter upon his duties, to qualify yac'^t.^^™^*^ 
himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed 
shall be deemed vacant. No person shall be eligible to Qualification 
either of said offices unless he shall have been an inhabi- '^®^'^'"*®- 
tant of this commonwealth five years next preceding his 
election or appointment. 

Art. XVIII. All moneys raised by taxation in the school moneys 
towns and cities for the support of public schools, and pjiU^f o? eecta- 
all moneys wliich may be appropriated by the state for fo^ohSV 
the support of common schools, shall be applied to, and provision as to 



44 



CONSTITUTION OF THE 



schools, see 

conetitutiou, 

Part First, Art. 

III. 

12 AUen, 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 
English and 
writing, neces- 
sary qualifica- 
tions of voters. 
Proviso. 
For other quali- 
fications, see 
amendments. 
Art. III. 
See also amend- 
ments, Art. 
XXIII., which 
was annulled by 
amendments. 
Art. XXVI. 

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



riouHO of repre- 
sentatives to 
consist of 240 
members. 
Legislature to 
apportion, etc. 
10 Gray, 013. 



expended in, no other schools than those which are con- 
ducted according to law, under tlie 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 sheriffs, registers of probate, [com- 
missioners of insolvency,] and clerks of the courts, by the 
people of the several counties, and that district-attorne3^s 
shall be chosen by the people of the several districts, for 
such term of office as the legislature shall prescribe. 

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

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- 
ever, that the provisions of this amendment shall not apply 
to any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be 
sixty years of age or upwards at the time this amendment 
shall take effect. 

Art. 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 j^ear 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 the number of such legal 
voters aforesaid, residing in each ward of such city. The 
enumeration aforesaid shall determine the apportionment 
of rej^resentatives for the periods between the taking of 
the census. 

The house of representatives shall consist of two hun- 
dred and forty members, which shall be apportioned by 
the legislatm'c, at its first session after the return of each 
enumeration as aforesaid, to the several counties of the 
commonwealth, e(]ually, as nearly as may be, according 
to tlunr relative numbers of legal voters, as ascertained 
by the next preceding special emuneration ; and the town 
of Cohasset, in the county of Norfolk, shall, for this pur- 



COMMONWEALTH OF MASSACHUSETTS. 45 

poso, as well as in the formation of disti'icts, as hereinafter 
provided, be considered a part of the county of Plymouth ; 
and it shall be the duty of the secretary of the common- secretary shaii 
wealth, to certify, as soon as may be after it is determined ceL' authorize.! 
by the legislature, the number of representatives to which counues. 
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 Suliblk, 
such board of special commissioners in each county, to 
be elected by the people of the county, or of the towns 
therein, as may for that purpose be provided by law, — 
shall, on the first Tuesday of August next after each Meeting for 
assignment of representatives to each county, assemble at fiMtTTuesday 
a shire town of their respective counties, and proceed, as procefdhigs. 
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 tlu'ee representatives. 
Every representative, for one year at least next preceding Quaiificationsof 
his election, shall have been an inhabitant of the district i22M!'fss!'5957^' 
for which he is chosen, and shall cease to represent such ^^^' 
district when he shall cease to be an inhabitant of tlie 
commonwealth. The districts in each county shall be Districts to be 
numbered by the board creating the same, and a descrip- des^ribTi Imd 
tion of each, with the numbers thereof and the number *'^'****'^- 
of legal voters therein, shall be returned by the board, to 
the secretary of the commonwealth, the county treasurer 
of each county, and to the clerk of every town in each 
district, to be filed and kept in their respective offices. 
The manner of calling and conducting the meetings for 
the choice of representatives, and of ascertaining their 
election, shall be prescribed by law. [Not less than one Quomm, see 
hundred members of the house of representatives shall ArT.'xxxin. 
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. XXII. A census of the Icijal voters of each city census, etc 
and town, on the first day of IVIay, sliall be taken and 



46 



CONSTITUTION OF THE 



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to con- 
sist of forty 
members. 



Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Quorum, see 
amendments, 
Art. XXXIII. 



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



Vacancies in the 

senutc. 



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 sLxty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enu- 
meration shall be made of the legal voters, and in each 
city said enumeration shall specify the number of such 
legal voters aforesaid, residing in each ward of such city. 
The enumeration aforesaid shall determine the apportion- 
ment of senators for the periods between the taking of the 
census. The senate shall consist of forty members. The 
general court shall , at its fii*st session after each next pre- 
ceding special enumeration, divide the commonwealth into 
forty districts of adjacent territory, each district to contain, 
as nearly as may be, an equal number of legal voters, ac- 
cording to the enumeration aforesaid : provided^ however^ 
that no town or ward of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as maj^ be, 
without uniting two counties, or parts of two or more 
counties, into one district. Each district shall elect one 
senator, who shall have been an inhabitant of this com- 
monwealth five years at least immediately preceding his 
election, and at the time of his election shall be an inhab- 
itant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. [Not less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn from day to day, and compel the attendance of 
absent members.] 

Art. XXIII. [No person of foreign birth shall be en- 
titled to vote, or shall be eligible to office, unless he shall 
have resided within the jurisdiction of the United States 
for two years subsequent to his natui-alization, and shall 
be otherwise qualified, according to the constitution and 
laws of this connnonwealth : provided^ that this amend- 
ment shall not ad'eet the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided, fiirthi')\ that it shall not atfect the rights of any 
child of a citizen of the United States, born diu'ing the 
temporary absence of the })arent therefrom.] 

AiiT. XXIV. Any vacancy in the senate shall be filled 
by election by the })eople of the unrepresented disti'ict, 
upon the order of a majority of the senators elected. 



COMMONWEALTH OF MASSACHUSETTS. 47 

Art. XXV. In case of a vacancy in the council, from vacancies in the 
a failm-e of election, or other cause, the senate and house 
of representatives shall, by concurrent vote, choose some 
eligible person from the people of the district wherein such 
vacancy occm*s, 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-third 
of amendment of the constitution of this commonwealth, ameudments 
which is as follows, to wit: " No person of foreign birth '*i>'i""«<i- 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within tlie jurisdiction of the United 
States for two years subsequent to his naturalization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth : provided^ that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the tem- 
porary absence of the parent therefrom," is hereby wholly 
annulled. 

Art. XXVn. So much of article two of chapter six ProviBioneof 
of the constitution of this commonwealth as relates to per- vi.,'ieiatingtc) 
sons holding the office of president, professor, or instructor vardTc^oulget'^' 
of Harvard College, is hereby annulled. annulled. 

Art. XXVIII. No person having served in the army superB^iedby 
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 general court shall have full power voting pre- 
and authority to provide for the inhabitants of the towns 
in this commonwealth more than one place of public meet- 
ing within the limits of each town for the election of officers 
under the constitution, and to prescribe the manner of call- 
ing, holding and conducting such meetings. All the pro- 
visions of the existing constitution inconsistent with the 
provisions herein contained are hereby annulled. 

Art. XXX. No person, otherwise qualified to vote in voters not dis- 
elections for governor, lieutenant-governor, senators, and reasou^of ^ 
representatives, shall, by reason of a change of residence den"f nntirsfx 
within the commonwealth, be disqualified from voting for t",y^^o/removai. 
said officers in the city or town from which he has removed 



48 



CONSTITUTION OF THE 



Amendments, 
Art. XXVIII. 
amended. 



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



Provisions of 
amendments, 
Art. in., 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 
asHeinlily by 
members oi the 
house, unuuUed. 



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 b}'^ 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 law, exempted from taxation, and who 
shall be, in all other respects, qualified as above men- 
tioned", is hereby annulled. 

Art. XXXIII. A majority of the members of each 
branch of the general court shall constitute a quorum for 
tlie transaction of business, but a less number may adjourn 
from day to day, and compel tlie attendance of absent 
members. All the provisions of the existing constitu- 
tion inconsistent ^vith 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 contiiined in the foHowing words : 
"and unless he shall at the same tunc be seised, in his 
own right, of a freehold, within tiie commonwealth, of the 
value of one thousand i)ounds " ; 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 ex})enses of 
tr.ivelling to the general assembly, and returning home, 
once in every session, and no more, shall be paid by the 
government, out of the i)ublic treasury, to every mem- 
ber who shall attend as seasonably as he can, in the judg- 



COMMONWEALTH OF MASSACHUSETTS. 49 

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

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

Art. XXXVII. The orovernor, with the consent of Removal of 
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, 
jirovided 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 liesolved, " That the said Constitution or Frame of 
Government shall take place on the last Wednesday of October next ; 
and not before, for any purpose, save only for that of making elec- 
tions, agreeable to this resolution." The first legislature assembled 
at Boston, on the twenty-fifth day of October, 1780. 

The first nine Articles of Amendment were submitted, by delegates 
in convention assembled, November 15, 1820, to the people, and by 
them ratified and adopted April 9, 1821. 

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

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

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

The thirteenth Article was adopted by the legislature? of the politi- 
cal years 1839 and 1840, respectively, and was approved and ratified 
by the people the sixth day of April, 1840. 

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and 
nineteenth Articles were adopted by the legislatures of the political 
years 1854 and 1855, respectively, and ratified by the people the 
twenty-third day of May, 1855. 



50 CONSTITUTION OF THE 

The twentieth, twenty-first, and twenty-second Articles were 
adopted by the legislatures ot" the political years 1856 and 1857, 
respectively, and ratified by the people on the first day of May, 
1857. 

The twenty-third Article was adopted by the legislatures of the 
political years 1858 and 1859, respectively, and ratified by the people 
on the ninth day of May, 1859, and was repealed by the twenty-sixth 
Amendment. 

The twenty-fourth and twenty-fifth Articles were adopted by the 
legislatures of the political years 1859 and 1860, and ratified by the 
people on the seventh day of May, 1860. 

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

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

The twenty-eighth Article was adopted by the legislatures of the 
political years 1880 and 1881, and was approved and ratified by the 
people on the eighth day of November, 188L 

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 wei'e approved 
and ratified by the people on the third day of Noveml)er, 1891. 

The thirty-fourth Article was adopted by the legislatures of the 
political years 1891 and 1892, and was approveel and ratified by the 
people on the eighth da^^ of November, 1892. 

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

The thirty-sixth Article was adopted by the legislatures of the 
political years 1893 and 1891, and was approved and ratified by the 
• people on the sixth day of November, 1894. 



COMMONWEALTH OF MASSACHUSETTS. 51 

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



[A proposed Article of Amendment, prohibiting the manufacture 
and sale of Intoxicating Liquor as a beverage, adopted by the legis- 
latures of the political years 1888 and 1889, was rejected by the 
people on the twenty-second day of April, 1889.] 

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



INDEX TO THE CONSTITUTION. 



INDEX TO THE CONSTITUTION. 



A. 

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, proposed in the general court, 
agreed to by a majority of senators and two-thirds of 
house present and voting thereon by yeas and nays ; en- 
tered 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 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 l:)allot of legis- 
lature from the two persons having the highest number 
of votes at November election, 43 

65 



56 INDEX TO THE CONSTITUTION. 



Page 



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

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

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

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 

Attorneys, district, elected by the people of the several districts, . 44 
Auditor, to be chosen by the people annually in November, . . 43 

to hold office for one year from third Wednesday in January 

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

election determined by legislature, 43 

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

not eligible, unless 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 five 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 politic, formation and nature of, 3 

title of : The Commonwealth of Massachusetts, ... 10 
Bribery or corruption used in procuring an appointment or elec- 
tion, to disqualify from holding an}' ollice 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 tlicrealler, ...... 44, 46 

enumeration of voters to determine the ajiportionment of 

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



INDEX TO THE CONSTITUTION. 57 

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

thereof, 34 

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

elected by a plurality of votes, 41 

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

force, . , 32 

Commander-in-chief, governor to be, 20 

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

counties ; annulled, 44, 49 

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

seal affixed, 32 

Congress, delegates to, 27 

members of, may not hold certain state offices, ... 36 
Constitution, amendment to, proposed in the general court, agreed 
to by a majority of senators and two-thirds of the house 
present and voting thereon by yeas and nays ; entered 
upon the journals of both houses, and referred to the next 
general court ; if the next general court agrees to the 
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, dejiosited in secretary's office, 

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

Coroners, 21 

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

eight councillors to be elected annually, 24, 42 

election to be determined by rule 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 reg-ister, and sio-ned 

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 



68 INDEX TO THE CONSTITUTIOX. 

Page 

Council, no property qualification required, 41 

eight districts to be formed, each composed of five contiguous 

senatorial districts, 42 

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

term of ofiice, 37 

vacancy to be filled by election of a resident of the district by 
concurrent vote of the senate and house ; if legislature is 
not in session, to be filled by governor with advice of 
council, .......... 47 

Court, superior, judges not to hold certain other offices, . . 36 
Court, supreme judicial, judges to have honoi;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 opinions upon important questions of law, etc., when 
required by either branch of the legislature or by the 
governor and council, ...... 

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

Courts, probate, provisions for holding, 

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

may administer oaths or affirmations, .... 
Crimes and oftences, prosecutions for, regulated, . 
Crimes to be proved in the vicinity of where they happen, . 

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



26 
44 
26 
44 
11 
11 
7 
7 



INDEX TO THE CONSTITUTION. 59 

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

Tuesday next after the first Monday iu November, . . 41 
in case of failure to elect representative, meeting to be held 

on fourth Monday in November, 41, 42 

Election returns, 13,42 

Enacting style of laws, established, 33 

Equality and natural rights of all men, 4 

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

£'xpo^i/acto laws, declared unjust and oppressive, ... 9 

F. 

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

Fines, excessive, not to be imposed, 9 

Frame of government, 10 

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

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

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

possession of, by governor, provision requiring, annulled, . 48 
Fimdamental princii^les of the constitution, a frequent recurrence 

to, recommended, 8 

G. 

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

for making laws, 8 

freedom of speech and debate in, 8 

not to declai'e any subject to be guilty of treason or felony, . 9 

formed by two branches, a senate and house of representa- 
tives, each having a negative on the other, ... 10 
to assemble every year on the first Wednesday of January, at 
such other times as they shall judge necessary, and when- 
ever called by the governor with the advice of council, 10, 19, 37 
may constitute and erect judicatories and courts, ... 11 
may make wholesome and reasonable laws and ordinances not 

repugnant to the constitution, 11 

may provide for the election or appointment of ofticers, and 

prescribe their duties, ....... 11 

may impose taxes, etc., to be used for the public service, . 12 
to be dissolved on the day next preceding the first Wednes- 
day of January, 20,37 

travelling expenses of members ; provision annulled, . . 16,48 
may be adjourned or prorogued, upon its request, by the gov- 
ernor with advice of council, 19 

session may be directed by governor, with advice of council, 
to be held in other than the usual place in case of an 
infectious distemper prevailing, . . . .19,20 



60 



INDEX TO THE CONSTITUTION. 



General court, judicial officers may be removed upou address of, 

person convicted of bribery, not to hold seat in, 

may increase property qualifications of persons to be elected 
to office, 

certain officers not to have seats in, 

may be prorogued by governor and council for ninety days, if 
houses disagree, etc., 

to elect major-generals by concurrent vote, 

empowered to charter cities, 

to determine election of governor, lieutenant-governor and 
councillors, .......... 

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

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

Governinent, objects of, ........ . 

Government by the people, as a free, sovereign and indejiendent 
state, ........... 

Governor, the supreme executive magistrate, styled, — The Gov- 
ernor of the Commonwealth of Massachusetts ; Avith the 
title of, — His Excellency ; elected annually, . 

qualifications, .., ...... 18, 

term of office, ......... 

should have an honorable stated salary, .... 

the commander-in-chief, of the army and navy, but may not 
oblige them to go out of the limits of the state, 

to appoint the adjutant- general, ..... 

may call together the councillors at any time, . 

not to hold certain other offices, 

to take oaths of office before president of the senate in pres 
ence of the two houses of assembly, .... 

to sign all commissions, 

election determined by the legislature, .... 

veto power, 

vacancy in office of, powers to be exercised b}- the lieutenant 
governor, ......... 

vacancy in office of governor and lieutenant-governor, powers 
to be exercised b}^ the council, ..... 

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

may adjourn or prorogue the legislature for not exceeding 
ninety days wlicn iiouses disagree, or may direct session 
to be held in other than the usual place in case of an in- 
fectious distem]jer i)revailing, 

to appoint all judicial officers, notaries public and coroners: 
nominations to be made at least seven days before ap- 
pointment, 



Pape 
26 
32 

32 
31 

20 
21 
34 

41,42 



44 

48 

3,5,6 



18 

36,48 

37 

23 

20, 21 
22 
19 
31 

31 

32 

42, 43 

10 

24 

25 

19 



19 



21,35 



INDEX TO THE CONSTITUTION. 61 

Paa:(3 
Governor, to appoint officers of the continental army, ... 22 
may pardon offences, but not before conviction, ... 21 
may fill vacancy in council occurring when legislature is not 

in session, 47 

with consent of council, may remove judicial officers, upon 

the address of both houses of the legislature, ... 26 
Governor and council, to examine election returns, . . .14, 42 
may jiunish persons guilty of disrespect, etc., by imprison- 
ment not exceeding thirty days, 17, 18 

quorum to consist of governor and at least five members of 

the council, . 19 

may require the attendance of the secretary of the common- 
wealth in person or by deinxty, 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 Ibunded 

upon the principle of equality, 16 

may impose fines upon towns not choosing members, . . 16 
exjjense of travel once every session each way, to be paid by 

the government ; provision annulled, . . . .16,48 
to enter objections made by governor to a bill or resolve at 

large upon records, 10 

qualifications of members, ...... 17,41,45 

must be an inhabitant of district for one year preceding elec- 
tion, and shall cease to be a member when ceasino- 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 days at a time, .... 17 

quorum of, 17,45,48 

to choose officers, establish its rules, etc., ..... 17 
may punish 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 the commonwealth 

in person or by deputy, 26 

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

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

first Monday of November, 41 

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

Monday of November, 41, 42 

to consist of two hundred and forty members, apportioned to 
the several counties equally, according to relative num- 
ber of legal voters, 44 

commissioners to divide counties into representative districts 
of contiguous territory, but no town or ward of a city to 
be divided, 45 

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

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



Impeachments, by the house of representatives, to be tried by the 
senate ; limitation of sentence ; party convicted liable to 
indictment, . . . . . . . . . . 15, 16 

Incompatible ollices, 31,36 

" Inhabitant," the word defined, 13 

Inhabitants, census to be taken in 1865, and every tenth j-ear there- 
after, ' . . 38,40,44,45 

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

counties ; annulled, ........ 44, 49 

Instruction of representatives, 8 

J. 

Judges of courts may not hold certain other ofliees, . . . 31,36 
Judges of the supreme judicial court, to hold office during good 
behavior, and to have honorable salaries established by 

standing laws, 9,23,26 

to give opinions u)>on ini|i()rtant (pu'stious of law. etc., when 
re({uircd by the governor and council, or either branch of 

legislature, 26 

not to hold certain other ofiices, 31 

Judicatories and courts, may be established by the gonci-al court, . 11 

may admiuistor oaths or alfiiinaliuns, ..... 11 

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



INDEX TO THE CONSTITUTION. 63 

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

nominations to be made seven days prior to appointment, 21 

. to hold office during good behavior, except when otherwise 

provided by the constitution, 26 

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

of lioth houses of the legislature, 26 

Jury, trial by, right secured, 7 

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

date of appointment, but may be renewed, ... 26 

removal of, from office, . 49 

L. 

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

of the legislature, 9 

Laws, every person to have remedy in, for injury to person or 

property, 6 

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

ex post facto, prohibited as unjust and inconsistent with free 

government, ......... 9 

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

Legislative power, 9 

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

Legislature (see General Court). 

Liberty of the jjress, 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-genei'als, elected by senate and house of representatives by 

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

paay appoint their aids, 22 

Marriage, divorce and alimony, 27 



64 



INDEX TO THP: COXSTITUTIOX. 



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

of legislature, 

Military power, suboi'dinate to civil authority, 

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

the limits of the state, 

captains and subalterns, elected by the train-bands, 
all members of companies may vote, including minors, 
field officers, elected by captains and subalterns, 
brigadiers, elected by field ofiicei:s, . . . ■ 
major-generals, elected by senate and house of reiiresentatives 

by concurrent vote, 

mode of election of officers to be fixed by standing laws, 
if electors refuse to elect, governor with advice of counci 
may appoint 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 computed 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 applied for support of sectarian schools, . 
Moral obligations of lawgivers and magistrates, . 
Moral qualifications for oftice, 



Page 



•9 
8 

21 
21,35 
35 
21 
21 

21 

21 

22 

22,35 
22 
22 

22 

32 
17 

43 

8 
8 



Notaries puljlic, 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, 36 

forms of 29,30,35 

Quakers may atfirm 

to be taken by all civil and military officers, . 

Objects of government, 

Offences and crimes, prosecutions lor, regulated, . 

Office ot: trust, person convicted of bribery, etc., not to holil. 

Office, rotation in, right securi'd 

all persons having the prescribed qualilications equal 
gible to, 



30,36 

35 

3,6 

7 

32 

G 



ell- 



indp:x to the constitution. 65 

Page 
Office, no person eligible to, unless they can read and write, . 44 

Officers, civil, legislature may provide for the naming and settling 

of, 11 

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

Officers, judicial, to hold office during good behavior, excej^t, 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 offences, governor with advice of council may grant, but 

not before conviction,. ....... 21 

People, to have the sole right to govern themselves as a free, sover- 
eign and independent state, 6 

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

instruct their representatives, and to petition legislature, 8 

Person and property, remedy for injuries to, shoi;ld be in the laws, 6 

Petition, right of, .... 8 

Plantations, unincorporated, tax-paying inhabitants may vote for 

councillors and senators, .14 

Plurality of offices, 31 

of votes, election of civil officers by, 41 

Political year, begins on the first Wednesday of January, . . 37 

Polls, ratable, census of, 38 

Preamlale 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 be increased by the legislature, . . 32 

partially abolished, 41 

of governor, annulled, .48 

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

force, 32 



66 INDEX TO THP: CONSTITUTION. 



Public boards and certain officers to make quarterly reports to the 



Page 



22 



governor, 

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, property, partially abolished 41 

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

of governor, 18,43,48 

of lieutenant-governor, 23,43,48 

of councillors, 41,43 

of senators, 15,40,46 

of representatives, 16,41,45 

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

Quartermasters, appointed by commanding officers of regiments, . 22 

Quorum, of covmcil, 19,24,42 

of senate, 16,46,48 

of house of representatives, 17,45,48 

R. 

Ratable polls, census of, 38 

Reading and writing, knowledge of, necessary qualifications for 

voting or holding office, 44 

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

Reo-ister of the covmcil, resolutions and advice to be recorded in, 

and signed by members present, 25 

Registers of pr<)l)ate, 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 i)astors or religious teachers, 5,38 
membership of, defined, . . . . . . .'88 

Religious worship, public, right and duty of, and protection therein, 4 

suppoit of the ministry, and erection and repair of houses of 

worship, 4, 5, 38 



INDEX TO THE CONSTITUTION. 67 

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

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

Retiu'ns of votes, 13,19,42,43 

Revision of constitution i^rovided for in the year 1795, ... 33 
Rights, declaration of, 4 



s. 

Sailors and soldiers, who have served, etc., during time of war, not 
disqualified from voting on account of non-payment of 
poll tax, .......... 48 

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

governor, .......... 23 

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

if not sufficient, 9,23 

School moneys, not to be ajjiiropriated 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, 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 

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 jjersons having the highest number of votes 
at November election, ....... 43 

vacancy occurring during session of the legislature, filled by 

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

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

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

next preceding election or apj)ointment, .... 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 ajjpoint deputies, for whose conduct he shall be account- 
able, 26 

to attend governor and council, senate and house, in person or 

by deputies, as they shall require, 26 

to attest all commissions, ........ 32 

to certify to board authorized to divide county into districts, 
the number of representatives to which the county is 
entitled, 45 



68 INDEX TO THE CONSTITUTIOX. 

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

Self-government, right of, asserted, 5 

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

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

governor and at least five councillors, to examine and 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, by people of the district, upon 

order of majority of senators elected, . . . . 15, 46 

qualifications of a senator, 15,41 

not to adjourn more than two days at a time, .... 15 
to choose its officers and establish rules, ..... 15 

shall try all impeachments, 15, 17 

quorum of, 16,46,48 

may punish for certain off"ences ; trial may be by committee, . 18 
may require the attendance of the secretary of the common- 
wealth in person or by deputy, 26 

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

solemn occasions, 26 

to enter objections, made by governor to passage of a bill or 

resolve, at large on records, 10 

districts, forty in number, to be of adjacent territory, and to 

contain, as near as may be, an equal number of voters, . 46 

apportionment based upon legal voters, 46 

Sheriffs, elected by the people of the several counties, , . . 21,44 
Silver, value of mone}^ 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, eU;., 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 <-onsent of the legislature, 8 

State or body politic, entitled, — The Commonwealth of Massachu- 
setts, 10 

Supreme judicial court, judges to have lionorable salaries fixed by 

standing laws, and to hold office during good behavior, . 9, 23 
to give opinions upon important questions of law, etc., when 
required l)y either branch of the legislature or by tlie 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, ° 

may be imposed by the legislature, 12 

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

years, .' 

Tenure that all commission officers shall by law have in their 

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

Tests abolished, 36 

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

Title of governor to be,— His Excellency, 18 

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

Town meetings, selectmen to preside at, 13 

Town representation in the legislature, 16,39,40 

Towns, voting precincts in, 47 

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

government, 16 

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

legislature, 9 

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

to hold otlice for one year from third Wednesday in January 

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

next preceding election or appointment, .... 43 
no man eligible more than five years successively, . . . 25, 26 
in failure of election by voters, or in case of decease of person 
elected, vacancy to be tilled by joint ballot of legislature 
from the two persons having the highest number of votes 

at November election, 43 

vacancy occurring during session of the legislature, filled by 

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

office to be deemed vacant if person elected or 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 filled by the election of a resident of 
the district by concurrent vote of the senate and house ; 
if legislature is not in session, to be filled by governor 

with advice of the council, 42, 47 

Vacancy in the senate, to be filled by election by the people upon 

the order of a majority of senators elected, . . . 15,46 
Vacancy in office of secretary, treasurer, auditor and attorney- 
general, caused by decease of person elected, or failure 
to elect, filled by joint ballot of legislature from the two 
persons having highest number of votes at November 

election, 43 

occurring during session of legislature, filled by joint ballot 

of legislature from people at large, 43 

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

governor, by apjiointment, 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 

V^aluation 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, 84, 44, 46, 47, 48 
not disqualified on account of non-payment of poll tax if they 

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

the l)asis upon whicli the apportionment of representatives 

to the several counties is made, ..... 44 

basis of apportionment of senators, ...... 46 

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

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

plurality of, to elect civil ollicers, 41 

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



INDEX TO THE CONSTITUTION. 71 



w. 

Page 
Worship, public, the right and duty of all men, .... 4 
Writ of habeas corpus, to be enjoyed in the most free, easy, cheap 
and expeditious manner, and not to be suspended by 
legislature, except for a limited time, .... 32 
Writing and reading, necessary qualifications for voting, or hold- 
ing office, 44 

Writs, to be issued in the name of the commonwealth under the 
seal of the court, bear test of the first justice, and be 
signed by the clei-k, . 32 



Y. 

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



ACTS AND RESOLVES 



OF 



MASSACHUSETTS. 



1911. 



^W The General Court of the year nineteen hundred and eleven assembled 
on Wednesday, the fourth day of January. The oaths of office were taken 
and subscribed by His Excellency Eugene N. Foss and His Honor Louis 
A. Frothingham, on Thursday, the fifth day of January, in the presence 
of the two Houses assembled in convention. 



ACTS. 



An Act making appropriations for the compensation (J]iap. 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 hij the Senate and Hmise of Representatives in 
General Court assembled, and by the authority of the same, 
as follows: 

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

For the compensation of senators, thirty thousand seven senators, 

1 1 1 1 r>i?j. J 11 compensation. 

hundred and nity dollars. 

For compensation for travel of senators, a sum not exceed- Travel, 
ing; thirtv-two hundred dollars. 

For the compensation of representatives, one hundred J^^^PJ^p^lJ^*^' 
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 

clerks, senate 

house of representatives, four thousand dollars. and house. 

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

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

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

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

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



Acts, 1911. — Chap. 2. 



Doorkeepers, 
etc. 



Assistant 

doorkeepers, 

etc. 



Printing and 
binding. 



Manual. 



Senate 
stationery. 

House 
stationery. 

Contingent 
expenses. 



Expenses of 
committees. 



Advertising 
hearings. 



Witness 
fees, etc. 

Pul)Iii'ati()n 
of bulletin. 



Gliaj). 



Appr()i)ria- 
tions. 



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

For the compensation of assistant doorkeepers, messengers 
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, purchased 
by the clerk, a sum not exceeding one thousand dollars. 

For contingent expenses of the senate and house of rep- 
resentatives, and necessary expenses in and about the state 
house, a sum not exceeding six thousand dollars. 

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

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

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

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

Ajiproved January 18, 1911. 

2 An Act making appropriations for salaries and 

EXPENSES in the EXECUTIVE DEPARTMENT OF THE COM- 
MONWEALTH. 

Be it enacted, etc., as follows: 

vSection 1. The sums hereinafter mentioned are appro- 
])riated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for salaries and exj)enses in the 
executive dei)artment, for the fiscal year ending on the 



Acts, 1911. — Chap. 3. 5 

thirtieth day of November, nineteen hundred and eleven, 
to wit : — 

For the salary of the governor, eight thousand dollars. Governor. 

For the salary of the lieutenant governor, two thousand go'vemorretc. 
dollars; and for salaries of the council, sixty-four hundred 
dollars. 

For travelling expenses of the council, a sum not exceed- Travelling 

» ^ expenses. 

ing one thousand dollars. 

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

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

For the salary of the stenographer, a sum not exceeding stenog- 
eighteen hundred dollars. ^^^ ^'^' 

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

P^or the salary of the messenger, twelve hundred dollars. Messenger. 

For the salary of the assistant messenger, one thousand Assistant 

♦' b ' messenger. 

dollars. 

For contingent expenses, a sum not exceeding three thou- Contingent 
sand dollars. '''^''''''^ 

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

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

For postage, printing and stationery for the council, a Council 
sum not exceeding five hundred dollars. ^°^ ^^^' ^ '^' 

For the payment of extraordinary expenses, to be expended fx'plusl^/"'*'^^ 
under the direction of the governor and council, a sum not 
exceeding one hundred thousand dollars. 

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

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

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

Approved January 18, 1911. 

An Act to authorize the treasurer and receiver Cliap. 3 

GENERAL TO BORROW MONEY IN ANTICIPATION OF REVENUE. 

Be it enacted, etc., as follows: 

Section 1. The treasurer and receiver general is hereby Treasurer 

, T . , . 1 . . . ^ ' n ^ • a"d receiver 

authorized to borrow at any time during a nscal year, in general may 



6 



Acts, 1911. — Chaps. 4, 5. 



Treasurer 
and receiver 
general may 
borrow money 
in anticipa- 
tion of 
assessments 
for metropoli- 
tan districts. 



borrow money anticipation of the receipts of that year, such sums of money 
tLroT"''" as may from time to time be necessary for the payment of 
revenue. ordinary demands on the treasury, at such rates of interest 

as shall be found necessary; and he shall repay any sums 

borrowed under this act as soon after said receipts are paid 
Proviso. as is expedient: 'promded, however, that all money borrowed 

under this act shall be repaid before the close of the fiscal 

year in which the same was borrowed. 

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

Approved January 18, 1011. 

Chap. 4 An Act to authorize the treasurer and receiver 

GENERAL TO BORROW MONEY IN ANTICIPATION OF THE 

ASSESSMENTS FOR THE METROPOLITAN DISTRICTS. 

Be it enacted, etc., as follows: 

Section 1. The treasurer and receiver general is hereby 
authorized to borrow at any time during a fiscal year, in 
anticipation of the assessments of that year, for the metro- 
politan districts, such sums of money as may from time to 
time be necessary for the payment of the interest and main- 
tenance charges of the metropolitan districts, and to issue 
notes or bonds therefor, at such rates of interest as shall be 
found necessary; and he shall repay any sums borrowed 
under this act as soon after said assessments are paid as is 
expedient. The treasurer and receiver general is hereby 
authorized to collect from the cities and towns of snid metro- 
politan districts, proportionately, all interest that may be 
paid upon money borrowed under this act. 

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

Approved January IS, 1911. 

Chap. 5 An Act relative to the issuing of metropolitan water 

loan bonds. 

Be it enacted, etc., as follows: 

Section 1. All bonds hereafter issued under authority 
of section seventeen of chapter four hundred and eighty- 
eight of the acts of the year eighteen hundnMl and ninety-five, 
or of acts in amendment thereof or in addition thereto, may be 
issued as registered bonds or with interest coupons attached. 

SiXTioN 2. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

Section 3. This act shall take eO'ect upon its passage. 

Approved January 10, 1011. 



Metropolitan 
water loan 
bonds. . 



Repeal. 



Acts, 1911. — Chaps. 6, 7. 



An Act relative to the disease of mange. Chap. 6 

Be it enacted, etc., as follows: 

Section 1. Section twenty-eight of chapter ninety of ^^;^^g^' ^ "^• 
the Revised Laws is hereby amended by inserting after the 
word "farcy", in the second line, the word: — mange, — 
so as to read as follows: — Section 28. Contagious diseases, Contagious 
under the provisions of this chapter, shall include glanders, dtffined! 
farcy, mange, contagious pleuro-pneumonia, tuberculosis, 
Texas fever, foot-and-mouth disease, rinderpest, hog cholera, 
rabies, anthrax or anthracoid diseases, sheep scab and acti- 
nomycosis. 

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

Aijproved January 31, 1911. 

An Act relative to the location upon the official (Jhap. 7 

BALLOTS IN THE CITY OF CAMBRIDGE OF NAMES OF CANDI- 
DATES FOR ALDERMEN. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and i^^i". 293, 
ninety-three of the acts of the year nineteen hundred and amended. 
ten is hereby amended by inserting after the word "ballot", 
in the third line, the words : — for primaries and elections, 
— and by striking out the words " nominations for alder- 
men", at the end thereof, and inserting in place thereof the 
words : — nomination papers for aldermen for primaries and 
elections, — so as to read as follows: — Section 1. The order of 
names of candidates for aldermen in the city of Cambridge "aTn candf*^"^ 
shall be printed upon the official ballot for primaries and offidarbaiiot, 
elections in the order in which they may be drawn by the etc 
city clerk whose duty it shall be to make such drawing. The 
city clerk shall, before proceeding to draw the names as afore- 
said, give notice in writing to the several candidates of the 
time and place of the drawing, and every such candidate 
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 nomination 
papers for aldermen for primaries and elections. 

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

Ajjproved February 6, 1911. 



8 



Acts, 1911. — Chaps. 8, 9. 



Cliaj). 



R. L. 217, 

§ 84, 
amended. 



Duties of 
probation 
officers. 



8 An Act relative to female assistant probation officers. 

Be it enacted, etc., as follows: 

Section eighty-four of chapter two hundred and seventeen 
of the Revised Laws is hereby amended by striking out 
the words "municipal court of the city of Boston", in the 
sixth Hue, and inserting in place thereof the words: — 
court under the appointment of which they act, — so as to 
read as ioWows: — Section 84. Each probation officer shall 
inquire into the nature of every criminal case brought before 
the court under the appointment of which he acts, and may 
recommend that any person convicted thereby be placed 
upon probation. Female assistant probation officers shall 
investigate the cases of all women charged with crime in 
the court under the appointment of which they act and 
perform such other duties as the justices of said court may 
require. Each probation officer shall keep full records of 
all cases investigated by him, of all cases placed in his care 
by the court, and of any other duties performed by him. 
The court may place the person so convicted in the care of 
a probation officer for such time and upon such conditions 
as may seem proper. The superior court may also place 
upon probation under any of its probation officers any 
person charged before it with crime. Each person released 
upon probation shall be furnished by the probation officer 
with a written statement of the terms and conditions of his 
release. Approved February 6, 1911. 



Chap. 



R. L. 128, 
§ 38, 
amended. 



Asses.sment 
for better- 
ments, etc. 



9 An Act to make more specific the contents of land 
registration certificates. 

Be it enacted, etc., as follows: 

Section 1. The fifth article of section thirty-eight of 
chapter one hundred and twenty-t^'ight of the Revised Laws 
is hereby amended by inserting after the word "liability", 
in the eighteenth line of said section, the words: — except 
for taxes payable to the commonwealth, — so as to read as 
follows: — Fifth, Any liability to assessment for better- 
ments, or other statutory liability, except for taxes payable 
to the commonwealth, which may attach to land in this 
commonwealth as a lien prior to, or independent of, the 
recording or registering of any paper; but if there are ease- 
ments or other rights appurtenant to a parcel of registered 



Acts, 1911. — Chaps. 10, 11. 9 

land which for any reason have failed to be registered, such 
easements or rights shall remain so appurtenant notwith- 
standing such failure, and shall be held to pass with the land 
until cut off or extinguished by the registration of the 
servient estate, or in any other manner. 

Section 2. This act shall take effect upon its passage Time of 
and shall apply forthwith to all certificates of title then *''*'""s effect. 
uncancelled". Ayyroved February 6, 1911. 

An Act relative to the abatement of smoke in boston (JJiq^j^ \o 

and vicinity. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter six hundred and fifty- 1910, esi, 
one of the acts of the year nineteen hundred and ten is Amended, 
hereby amended by inserting after the word "as", in the 
twelfth line, the word : — heretofore, — so that the para- 
graph hereby amended will read as follows : — 

"Chart" means Ringelmann's Smoke Chart as hereto- Ringeimann's 
fore published and used by the United States Geological s-^^^e chart. 
Survey. 

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

Approved February 6, 1911. 

An Act rel.^.tive to the building of a structure qJk^^j w 

over FREMONT STREET IN THE CITY OF WORCESTER. 

Be it enacted, etc., as folloivs: 

Section 1. Upon petition and after seven days' public Building of 
notice, published in at least three newspapers published in o^w EVemont 
the city of Worcester, and a public hearing thereon, the g-[y*oV" *^^ 
board of aldermen of the city of Worcester ma}% by a two Worcester. 
thirds vote, with the approval of the mayor, issue a permit 
to the Worcester Bleach and Dye Works Company of Worces- 
ter to build and maintain a bridge across Fremont street 
in said city, for the purpose of connecting buildings occupied 
by it on opposite sides of the street, on such conditions and 
subject to such restrictions as the said board may prescribe. 
Any permit so issued may be revoked by vote of the board 
of aldermen, approved by the mayor. 

Section 2. Any bridge built under a permit granted as Height of 
aforesaid shall be constructed and maintained at a height 
not less than eighteen feet above the grade line of the street 
and shall be not more than twelve feet in width, and no 



10 Acts, 1911. — Chaps. 12, 13, 14. 

part of said bridge or of its support shall rest on the sur- 
face of the street. 
Damages. SECTION 3. Any pcrsou whose property is damaged by 

reason of the construction of a bridge as aforesaid may 
have the damages determined by a jury upon petition to 
the superior court filed within one year after the permit 
was approved by the mayor, as above provided. 
Section 4, This act shall take effect upon its passage. 

Approved February 9, 1911. 

Chap. 12 An Act to authorize the trustees of thayer acad- 
emy TO HOLD additional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follcnvs: 

Thave^r''^^ SECTION 1. The Corporation known as the Trustees of 

Academy to Thayer Academy is hereby authorized, for the purposes set 

tionai estate, forth in its act of incorporation, to hold real and personal 

estate to an amount which, together with the amoimts 

heretofore authorized by law, shall not exceed one million 

dollars. 

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

Approved February 9, 1911. 

Chap. 13 An Act to authorize the trustees of the house of 
the angel guardian to hold additional real and 
personal estate. 

Be it enacted, etc., as follows: 

ui^Hmfseof Section 1. The corporation known as the Trustees of 
the Angel f]^^ IIousc of the Augcl Guardian is herebv authorized to 

Ouurdian to Y "^ • i i- i 

hold additional hold Tcal and personal estate to an amount, mchuling tiiat 
now held by said corporation, not exceeding four hundred 
thousand dollars, which j^roperty and the income derixed 
therefrom shall be devoted to the i)ur])oses set forth in the 
charter of the corporation. 
Section 2. This act shall take effect upon its passage. 

.Approved February 9, 1911, 

Chap. 14 An Act to extend the cii.\rter of the wakefield 

REAL ESTATE AND BITILDING ASSOCIATION. 

Be it enacted, etc., as follows: 
,?'w"L'r,, Section 1. The Wakefield Real Estate and Building 

the WaU.fiild ... i i i i i i i 

Heal Ksiate Assocuitioti, iiicorporatcd by cliapter one niiiulrrd and 



Acts, 1911. — Chaps. 15, 16. 11 

twenty of the acts of the year eighteen hundred and seventy- and Building 

1 11 1 J • J.* i? i* ii J ' p Association 

one, shall be and remain a corporation tor a lurther term or extended. 
twenty years from the twenty-second day of March, nine- 
teen hundred and eleven, and shall during such further 
term have the powers and privileges and be subject to the 
duties, liabilities and restrictions set forth in its charter and 
in the general laws now or hereafter in force relating to such 
corporations. 
Section 2. This act shall take effect upon its passage. 

Ayiwoved February 9, 1911. 

An Act to authorize the proprietors of the hing- QJia^j 15 

HAM CEMETERY TO TAKE AND HOLD ADDITIONAL REAL ' 

AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The Proprietors of the Hingham Cemetery Proprietors 
are hereby authorized to take and hold for the purposes ceSeto'^"" 
for which they were incorporated real estate, including what "^dit'^onlii 
they are now authorized to hold, to an amount not exceed- estate. 
ing fifty acres and personal estate to an amount not exceed- 
ing one hundred thousand dollars. 

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

Appromd February 9, 1911. 

An Act to provide for the appointment of a police (J]) an 16 
commissioner of the city of malden. 

Be it enacted, etc., as follows: 

Section 1. The mayor and aldermen of the city of Appointment 
Maiden shall, within sixty days after the acceptance of commissioner 
this act, as hereinafter provided, appoint one person to be Maiden.'^ °^ 
police commissioner, whose term of office shall expire on 
the first day of March in the year nineteen hundred and 
fifteen, and shall thereafter, in the month of January or 
February in the year nineteen hundred and fifteen, and in 
every third year thereafter, appoint one person as police 
commissioner, whose term of office shall be three years from 
the first day of INIarch next succeeding his appointment. 
A police commissioner appointed under this act shall hold 
office until his successor is chosen and qualified, but he may 
be removed by the mayor and aldermen at any time for 
cause. Any vacancy may be filled by the mayor and alder- 



12 



Acts, 1911. — Chap. 16. 



May appoint 
and organize 
the police. 



Acting com- 
missioner. 



Present mem- 
bers of police 
force to con- 
tinue in office 
until, etc. 



Number of 
putrohnen 
not to be in- 
creased, etc. 



Report. 



men at any time. The police commissioner shall receive 
such compensation as may be fixed by the city council. 

Section 2. The police commissioner shall have author- 
ity to appoint, establish and organize the police of said city 
and to make all needful rules and regulations for its efficiency. 
Except as otherwise provided herein, all the powers and 
duties now conferred or imposed by law upon the mayor and 
aldermen of said city or upon the chief of police or city mar- 
shal relative to the appointment, pay, discipline, manage- 
ment, control, removal and retirement upon pension of the 
police of said city, are hereby conferred and imposed upon 
said police commissioner. He shall have the care of the 
police station, shall have the care and custody of all prop- 
erty of the city used by the police department, and shall 
keep a record of all its business. He shall have such other 
powers and perform such other duties, not inconsistent with 
law, as the city council may from time to time by ordinance 
prescribe. 

Section 3. In case of the absence or disability of the 
police commissioner, the next ranking officer, or, where 
there are two such officers of equal rank, the senior officer 
in date of appointment, shall be acting commissioner while 
such absence or disability continues. An acting police com- 
missioner shall receive no extra compensation for services 
as such. 

Section 4. The members of the INIalden police force, 
including reserve police officers, in office when the said com- 
missioner is first appointed shall continue to hold their 
several offices until remoN'ed or retired from acti\'e service 
by the police commissioner in accordance with law^; and 
the present rules and regulations shall continue in force 
until otherwise ordered by the police commissioner. All 
police officers now in office or appointed by the j)olice com- 
missioner shall have and exercise within the limits of said 
city all the powers conferred by law upon constables, except 
in relation to the service of civil process, and all the- powers 
conferred upon the police as watchmen. 

Section 5. Kxcept as authorized by the city council of 
the city, said commissioner shall not increase the number 
of patrolmen; nor shall the pay of the members of the police 
force be increased or diminished, except by the concurrent 
action of the city council, mayor and police conmiissioner. 

Section (>. The ])olice commissioner shall annually in 
the month of January make a rei)ort to the city council; 



Acts, 1911. — Chap. 17. 13 

and his records shall at all times be open to the inspection 
of the mayor and city council. 

Section 7. Whenever an appointment is to be made Mayor to 
pursuant to the provisions of this act, the mayor shall have nominatTo^n."^ 
the exclusive power of nomination, subject to confirmation 
or rejection by the board of aldermen. 

Section 8. All existing acts and parts of acts incon- certain acts 
sistent herewith shall not hereafter apply to the city of "otto^pp'y- 
Maiden. 

Section 9. This act shall be submitted to the voters of Acceptance 
the citv of Maiden at the annual state election m Novem- submitted to 
ber, nineteen hundred and eleven, and the form of the 
question to be placed upon the ballot shall be as follows : — 
Shall chapter of the acts of the year nineteen hun- 

dred and eleven, being "An Act to provide for the appoint- 
ment of a police commissioner of the city of Maiden ", be 
accepted? and if a majority of the voters voting thereon 
vote in the affirmative this act shall take effect. 

Section 10. So much of this act as authorizes its sub- Time of 
mission to the voters of the city shall take effect upon its ^ '°^ ^ 
passage, but it shall not further take effect until accepted 
by the voters of the city as herein provided. 

Approved February 9, 1911. 

An Act to authorize the city of malden to pay an (J]iaij 17 

annuity to the widow of MICHAEL S. MURPHY. 

Be it enacted, etc., as folloivs: 

Section 1. The city of Maiden is hereby authorized to The city of 
pay to Julia Murphy, widow of Michael S. Murphy, de- ^ an\"''' 
ceased, late a member of the fire department of that city, Mur^h°^"'''' 
who died by reason of injuries received in the discharge of 
his duty, a sum not exceeding twenty-five dollars per month 
for a period of six years: iwovided, that any payments made Proviso, 
hereunder shall cease upon the remarriage of said Julia 
Murphy. 

Section 2. This act shall be submitted to the city coun- To be sub- 
cil of said city and shall take effect upon its acceptance by dt?councii^ 
a two thirds vote of the members present and voting in each ^"'^ acceptance. 
branch and upon the approval of the mayor. 

Section 3. So much of this act as authorizes its sub- Time of 
mission to the city council shall take effect upon its passage, * '"^ ^ 
but it shall not further take effect until accepted by the city 
council as herein provided. Approved February 9, 1911. 



14 



Acts, 1911. — Chaps. 18, 19. 



1906, 141, 
§ 1, 
amended. 



Taking, etc., 
of the heath 
hen pro- 
hibited. 



Cluvp. 18 An Act to prevent the extermination of the heath 

HEN, so-called. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
forty-one of the acts of the year nineteen hundred and six 
is hereby amended by striking out the word "eleven", at 
the end of said section, and inserting in place thereof the 
word : — sixteen, — so as to read as follows : — Section 1 . It 
shall be unlawful to hunt, take or kill that species of pin- 
nated grouse commonly called heath hen, and scientifically 
known as Tymimnuchus cnjndo, or to buy, sell, otherwise 
dispose of, or have in possession the same or any part 
thereof, previous to the first day of November in the year 
nineteen hundred and sixteen. 

Section 2. So much of section four of chapter ninety- 
two of the Revised Laws as is inconsistent herewith is hereby 
repealed. 

Section 3. Whoever violates any provision of this act 
shall be punished by a fine of one hundred dollars for each 
bird or part thereof in respect to which the violation occurs. 

Approved February 9, 1911. 



Repeal. 



Penalty. 



Protection 
of certain 
birds. 



Chap. 19 An Act for the protection of gray, European or 

HUNGARIAN PARTRIDGE. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful to hunt, pursue, take 
or kill, sell or offer for sale, or to have in possession, the 
bird known as Perdix cinerea, commonly called Hungarian 
partridge, gray or European partridge, except as herein- 
after provided. 

Section 2. Upon application to the commissioners on 
fisheries and game written permission may be granted to 
any person to engage in the rearing of this bird, and to dis- 
pose of the same under such rules and regulations, approved 
by the governor and council, as may be made from time 
to time by the commissioners. Such artificially propa- 
gated birds, Hungarian partridge, gray or European part- 
ridge, may be sold or had in possession at any season of the 
year for purposes of propagation. 



Commission- 
ers on fish 
and game 
may prant 
permits to 
rear certain 
bird.s, etc. 



Acts, 1911. — Chap. 20. 15 



Section 3. Whoever violates any provision of this act, Penalty, 
or any rule or regulation made as aforesaid, shall be pun- 
ished by a fine not exceeding fifty dollars for each bird or 
part thereof in respect to which the violation occurs. 

Approved February 9, 1911. 



An Act to authorize the town of easthampton to (JJiap, 20 

ESTABLISH A BOARD OF PUBLIC WORKS. 

Be it enacted, etc., as follows: 

Section 1, The town of Easthampton shall, at its next The town of 
annual meeting after the acceptance of this act, elect by may efeTa"'' 
ballot a board of public works, consisting of three members, pubifc works. 

Section 2. At the meeting at which this act is accepted. Terms of 
or at a meeting held at least fourteen days before the annual '"®°^*'®'"^' ®*^- 
meeting at which this act is to become operative, the town 
shall vote to elect the members of said board of public 
works either annually for the term of one year, or one for 
the term of one year, one for the term of two years, one 
for the term of three years, and annually thereafter one 
for the term of three years. 

Section 3. The provisions of statute law relating to Certain pro- 
the oath of office, entering upon the performance of duties, tolppV. *^ 
tenure of office, change in the term of office, failure in elec- 
tion, and vacancies in the office of selectmen are hereby 
made applicable to the members of said board of public 
works; and they shall receive such compensation for their 
services as the town may determine. 

Section 4. Upon the election of said board of public Power and 
works all the powers, rights, duties and liabilities of the ce^rtaiVother 
boards of water commissioners and sewer commissioners ferVe*d t!)^the 
and of the highway surveyor in said town shall be trans- board hereby 
ferred to the board of public works; and the boards of 
water commissioners and sewer commissioners and the 
office of highway surveyor shall be abolished. No exist- 
ing contracts or liabilities shall be affected thereby, but the 
board hereby created shall in all respects, and for all pur- 
poses whatsoever, be the lawful successors of said boards 
of water commissioners and sewer commissioners and of 
the highway surveyor. 

Section 5. Upon the election of said board of public Same 
works all the powers, rights, duties and liabilities of the ^"''^^*'*- 



16 



Acts, 1911. — Chap. 20. 



Appointment of 
a civil en- 
gineer, etc. 



Repeal. 



Time of 
taking effect. 



selectmen in said town now existing or hereafter created 
by law, relating to highways, town ways, the laying out 
and discontinuance of ways, bridges, sidewalks, guide posts, 
monuments at the termini and angles of roads, public squares, 
playgrounds, shade trees, sewers, drains, street watering, 
street lighting, the assessment of damages and betterments, 
water pipes, gas pipes, conduits, poles, wires, street rail- 
ways, the granting of locations, rights or licenses for struc- 
tures upon private land, or upon, under or over highways 
or other waj'^s, shall be exercised, enjoyed, performed and 
incurred by a board consisting of the selectmen, the board 
of public works created by this act, and the chairman of 
the board of assessors, ex officio, sitting jointly as the board 
of survey. 

Section 6. Said board of public works shall annually, 
in the month of March, appoint a competent civil engineer, 
who shall perform such duties as may be required of him 
by said board. He shall hold office at the pleasure of said 
board, and the said board shall fix his compensation, which 
shall be subject to alteration by the town. The said board 
of public works shall have authority to appoint such super- 
intendents and subordinate officers as it shall deem neces- 
sary, and to establish their terms of office. No member 
of the board of public works shall be eligible for appoint- 
ment as such superintendent. The board of public works 
shall, subject to alteration by the town, have authority 
to fix the compensation of said superintendents and sub- 
ordinate officers, and shall also have authority to employ 
and discharge such laborers and other persons as, in its 
oi)inion, may be necessary to carry out the work devolving 
upon the board. 

Section 7. Section nine of chapter two hundred and 
fifty-two of the acts of the year eighteen hundred and ninety- 
one, and section two of chapter seventy-one of the acts 
of the year eighteen hundred and ninety-three, and all 
other acts and parts of acts inconsistent herewith, are 
hereby repealed. 

Section 8. This act shall take effect upon its accept- 
ance by a majority of the voters of the said town, present 
and voting thereon at any annual meeting or at any special 
meeting called for the purpose within three years after its 
passage; but the number of such meetings shall not exceed 
three in any one year. At such meetings the votes shall 
be taken by written or printed ballots and the polls shall 



Acts, 1911. — Chaps. 21, 22. 17 

be kept open at least four hours. In receiving the ballots, 
the check list shall be used in the manner in which it is 
used at elections of national, state and county officers. 

Approved February 9, 1911. 



An Act to authorize the metropolitan water and Qj^Q^y 21 

SEWERAGE BOARD TO USE CERTAIN FUNDS FOR EXTEND- "' 

ING THE SOUTH METROPOLITAN SEWER TO THE TOWN 
OF BRAINTREE. 

Be it enacted, etc., as follows: 

Section 1 . The metropolitan water and sewerage board fh^*sout^° °^ 
is hereby authorized to expend any balance of the proceeds metropolitan 
of the bonds already issued on account of the Metropolitan town of 
Sewerage Loan Fund, which may be in excess of the amount "^''^''■®®- 
required for satisfying the purposes for which such bonds 
were issued, to meet any expenses which may be incurred 
under the provisions of chapter five hundred and forty-six 
of the acts of the year nineteen hundred and ten to pro- 
vide for the addition of the town of Braintree to the south 
metropolitan sewerage district. 

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

Approved February 9, 1911. 



An Act to authorize the third congregational society (JJiap. 22 

in CAMBRIDGE TO CONVEY CERTAIN PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. The Third Congregational Society in Cam- The Third 
bridge, by the standing committee of said society or a uonfri^dety 
majority of them, is authorized to convey to such person n^av*c™nv"ey^^ 
or persons as the society at a regularly called meeting may pertain 
designate, all that certain parcel of real estate with the 
church and other buildings thereon situate, bounded and 
described as follows: — Southwesterly by Austin street, 
in the city of Cambridge, one hundred and eight feet; north- 
westerly by land formerly of Bangs, one hundred and twenty- 
one feet; northeasterly by land of persons unknown, one 
hundred and eight feet; southeasterly by land formerly of 
]\Iuzzey, one hundred and twenty-five feet; or however 
otherwise the said church property may be bounded or 
described. Said conveyance shall be made in such form 
as the said society may deem expedient, and the title shall 



18 



Acts, 1911. — Chaps. 23, 24. 



be conveyed free of any trust, ecclesiastical or otherwise, 
that may have hitherto existed. The purchaser of said 
property is hereby exempted from any responsibility for 
the application of the purchase money by the said society. 
The proceeds of the said conveyance shall be devoted to 
the improvement and maintenance of the church property. 
Section 2. This act shall take effect upon its passage. 

Approved February 9, 1911. 



Gliaj). 23 An Act making appropriations for the compensation 

AND EXPENSES OF THE BALLOT LAW COMMISSION. 



Appropria- 
tions. 



Ballot. law 
commission. 

Expenses. 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the ballot law com- 
mission, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and eleven, to wit : — 

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

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

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

Approved February 11, 1911. 



Approi)ria 
tions. 



Chap. 24 An Act making appropriations for salaries and 
expenses in the department of the attorney- 
general. 

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 attorney-g(Mi- 
eral's department, for the fiscal year ending on the thirtieth 
day of November, nineteen hundred and eleven, 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 ui)()n its ])assage. 

Approved February 11, 1911. 



Attornoy- 
general. 

Assistants, 
etc. 



Acts, 1911. — Chaps. 25, 26. 19 



An Act making appropriations for salaries and Qf^Qry 25 

EXPENSES IN THE OFFICE OF THE CONTROLLER OF "' 
COUNTY ACCOUNTS. 

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 office of the 
controller of county accounts, for the fiscal year ending 
on the thirtieth day of November, nineteen hundred and 
eleven, to wit: — 

For the salary of the controller, twenty-five hundred Controller of 

•^ ' ^ county 

dollars. accounts. 

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

P'or the salary of the second deputy, fifteen hundred fg^y"*^ 
dollars. 

For the salary of the third deputy, twelve hundred dol- Third deputy. 
lars. 

For travelling and office expenses of the controller and Expenses, 
of 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 February 11, 1911. 

An Act making appropriations for salaries and /^/,^^, on 
expenses in the department of the treasurer ^ * 

AND receiver GENERAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropr 



la- 
ns. 



priated, to be paid out of the treasury of the common- *'" 
wealth from the ordinary revenue, for the department of 
the treasurer and receiver general, for the fiscal year end- 
ing on the thirtieth day of November, nineteen hundred 
and eleven, to wit: — 

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

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

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



20 



Acts, 1911.— Chap. 27. 



Third clerk. 



Receiving 

teller. 

Paying teller. 



Assistant 
paying teller. 

Cashier. 



Assistant 
bookkeeper. 

Fund clerk. 



Additional 
clerk, etc. 

Record clerk. 



Stenographer. 



Messenger. 

Clerical 
assistance. 



Expenses. 



Additional 
expenses. 



For the salary of tlie third clerk, eighteen hundred dol- 
lars. 

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

For the salary of the i)aying teller, eighteen hundred 
dollars. 

For the salary of the assistant paying teller, twehe hun- 
dred dollars. 

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

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

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

For the salary of an additional clerk and bank messenger, 
fifteen hundnMl dollars. 

For the salary of the record clerk, one thousand dol- 
lars. 

For the salary of the stenographer, nine hundred dol- 
lars. 

For the salary of the messenger, one thousand dollars. 

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

For incidental and contingent expenses, a sum not exceed- 
ing five thousand dollars. 

For such expenses as the treasurer and receiver gen- 
eral may find necessary in carrying out the provisions of 
the act imposing a tax on collateral legacies and succes- 
sions, a sum not exceeding six thousand dollars. 

Section 2. This act shall take effect uj)oii its passage. 

Approved February 11, 1911. 



Chap. 27 An Act relative to the issuing of water bonds by 

THE TOWN OF WEST BRIDGEWATER. 

Be it enacted, etc., as follows: 

Section five of chapter one hundred and thirty-eight of 

the acts of the year nineteen hundred and ten is hereby 

amended by striking out the word "twenty", in the fourth 

line, and inserting in place thereof the word : — forty, — 

Town of so as to read as follows: — Section 5. Said town, for the 

wiuer Water purposc of payjug the necessary expenses and liabilities 

^f'loio*'' incurred under the provisions of this act, may issue from 



1910, 138, 

§ r,, 

amended. 



Acts, 1911. — Chaps. 28, 29. 21 

time to time bonds, notes or scrip to an amount not ex- 
ceeding forty thousand dollars. Such bonds, notes or scrip 
shall bear on their face the words, Town of West Bridge- 
water 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 five per cent per annum; and shall 
be signed by the treasurer of the town and countersigned 
by the water commissioners hereinafter provided for. The 
town may sell such securities at public or private sale, or 
pledge the same for money borrowed for the purposes of 
this act, upon such terms and conditions as it may deem 
proper: provided, that the securities shall not be sold for Proviso, 
less than the par value thereof. 

Approved February 11, 1911. 

An Act to authorize the town of natick to appro- (j],(ij) 28 

PRIATE money for REMOVING OBSTRUCTIONS FROM 
CHARLES RIVER. 

Be it enacted, etc., as follows: 

Section 1. The town of Natick may appropriate a sum Removal of 
of money not exceeding one thousand dollars for the pur- ?rom char?ls 
pose of removing obstructions from Charles river within '''^'*'''- 
the limits of said town. 

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

Approved February 11, 1911. 

An Act making appropriations for salaries and expenses (JJian 29 

IN THE DEPARTMENT OF THE AUDITOR OF THE COMMON- 
WEALTH. 

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



tions. 



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

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

For the salary of the deputy auditor, thirtj^-five hun- Deputy. 
dred dollars. 

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



22 



Acts, 1911.— Chaps. 30, 31. 



First clerk. 



Second clerk. 



Additional 
clerks, etc. 

Messenger. 

Printing 
expert. 

Expenses. 



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

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

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

For the salary of the messenger, nine hundred dollars. 

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

For incidental and contingent expenses, a sum not exceed- 
ing twenty-five hundred dollars. 

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

Approved February IS, 1911. 



Chap. 30 An Act to prohibit the sale or delivery to hospital 

PATIENTS OF INTOXICATING LIQUORS AND NARCOTIC DRUGS 
EXCEPT BY DIRECTION OF A PHYSICIAN. 

Be it enacted, etc., as follows: 

Whoever, except under the direction of a physician, gives, 
sells or delivers spirituous or intoxicating liquor or a nar- 
cotic drug to a patient in any hospital who is sufl'ering from 
inebriety or from the effect of inebriety, or from excessive 
use of narcotic drugs or from the effect of the excessive use 
of narcotic drugs, and whoever has in his possession within 
the precincts of any hospital any such liquor or drug with 
intent to convey or deliver it to any such patient, except 
under direction as aforesaid, shall be punished by a fine of 
not more than fifty dollars or by imprisonment of not more 
than two months. Approved February 15, 1911. 



Sale or 
delivery of 
liquor, etc., 
to patients 
in certain 
hospitals for- 
bidden, etc. 



Chap. 31 An Act relative to the recovery of damages for con- 
scious SUFFERING RESULTING IN DEATH. 



Recovery of 
damages in 
certain cases 
of injuries 
received, etc. 



Be it enacted, etc., as follows: 

Section 1. In any action brought under the provisions 
of section two of chapter one hundred and seventy-one of 
the Revised Laws, as amended by section one of chapter 
three hundred and seventy-five of the acts of the year 
nineteen hundred and seven, damages may be recoNcred, 
under a separate count at common law, for conscious suffer- 
ing resulting from the same injury; but any sum so recovered 



Acts, 1911. — Chaps. 32, 33. 23 

shall be held and disposed of by the executor or adminis- 
trator as assets of the estate of the deceased. 
Section 2. This act shall take effect upon its passage. 

Approved February 15, 1911. 

An Act making appropriations for the compensation QJiap, 32 

AND EXPENSES OF THE CIVIL SERVICE COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the common- ^"'"^" 
wealth from the ordinary revenue, for the civil service com- 
missioners, for the fiscal year ending on the thirtieth day 
of November, nineteen hundred and eleven, to wit: — 

For the salaries of the commissioners, sixty-five hundred co^lJif"^'"^ 

dollars. sloneis. 

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

For the salary of the deputy examiner, a sum not exceed- ^^Tminer 
ing twenty-five hundred dollars. 

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

For the salary of the physical inspector, a sum not exceed- Physical 
ing twenty-five hundred dollars. '"^^'^'^ °^' 

For the salary of the registrar of labor, two thousand Registrar of 
dollars. 

For clerical assistance and for office, printing, travelling clerical as- 
and incidental expenses, advertising and stationery, includ- ^'^*''*"<^''' *'*"• 
ing the printing and binding of the annual report, a sum 
not exceeding thirty-one thousand nine hundred dollars. 

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

Approved February 15, 1911. 

An Act making appropriations for salaries and expenses (JJiav. 33 
in the department of the secretary of the common- 
wealth. 

Be it enacted, etc., as follows: 

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



24 



Acts, 1911. — Chap. 33. 



Secretary. 



First deputy. 



Second 
deputy. 

Corporation 
clerk. 

Chief of 
archives. 



Engrossing 
clerk. 



Cashier. 



Clerical as- 
sistance, etc. 

Expenses. 



Preservation 
of records, 
etc. 

Postage, etc. 



Ballot boxes, 
etc. 



Counting 
apparatus. 



Regimental 
histories. 



Tovs'n records 
of births, etc. 



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

P'or the salary of the first deputy, twenty-five hundred 
dollars. 

For the salary of Herbert H. Boynton, deputy, three 
thousand dollars. 

For the salary of the present corporation clerk, two thou- 
sand dollars. 

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

P'or the salary of the present engrossing clerk, sixteen 
hundred dollars. 

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

For messengers and additional clerical assistance, a sum 
not exceeding twenty-four thousand dollars. 

For incidental and contingent expenses, a sum not exceed- 
ing forty-five hundred dollars. 

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

For postage and expressage on documents, and for print- 
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 for 
repairs to the same, a sum not exceeding one thousand 
dollars. 

P^or the purchase of apparatus to be used at polling places 
in the canvass and count of votes, a sum not exceeding 
two hundred and fifty dollars. 

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

For the preservation of town records of l)irths, marriages 
and deaths previous to the year eighteen hundred and fifty, 
a sum not exceeding fifteen thousand dollars. 

Section 2. This act shall take efi'ect ui)on its passage. 

Approved February Id, 1911. 



Acts, 1911. — Chaps. 34, 35. 25 



An Act making appropriations for the salaries and (JJid^^ 34 

EXPENSES OF THE STATE BOARD OF CONCILIATION AND 
ARBITRATION. 

Be it enacted, etc., as foUoics: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the common- ofconciiia- 
wealth from the ordinary revenue, for the salaries and ex- '°"' ^^''' 
penses of the state board of concihation and arbitration, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and eleven, to wit : — 

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

For the salary of the secretary, fifteen hundred dollars. Secretary. 

For travelling, incidental and contingent expenses, includ- Expenses. 
ing the printing and binding of the annual report and the 
compensation of expert assistants, a sum not exceeding 
fifteen thousand dollars. 

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

Approved February 15, 1911. 

An Act relative to probation officers. Chap. 35 

Be it enacted, etc., as follows: 

Section 1. Section forty-eight of chapter twenty-one of ^^<fej ^ '^^' 
the Revised Laws is hereby amended by inserting after 
the word "schools", in the eighth line, the words: — and 
also probation officers, — so as to read as follows : — Section visitations 
48. He or his deputy shall also visit, at least once a year Tions'^by'the'* 
without previous notice, all other county officers who re- eo",n'iy"'^'' °^ 
ceive money payable by them to the county treasurer, accounts, etc 
clerks of the supreme judicial court and the superior court 
in the county of Suftolk, the recorder and all assistant 
recorders of the court of land registration, registers of pro- 
bate and insolvency, registers of deeds, trial justices and 
clerks of police, district and municipal courts, and justices 
of such courts having no clerk, and truant schools, and 
also probation officers, and shall make an examination of 
their accounts and vouchers and the items of receipts and 
expenditures. He shall ascertain the actual amount of 
money on hand in each of said departments or with any 
of said officers. He shall require, so far as possible, uni- 
formity and correctness in the method of keeping said 



26 Acts, 1911. — Ciiai>. 36. 

accounts, and may prescribe the classification of receipts 
and expenditures and a uniform system of receipts, certif- 
icates, vouchers and exhibits. Said officers and persons 
shall afford to the controller and his deputies such assistance 
as he may require in making such examination and shall 
make returns and exhibits under oath in such form and at 
such times as he shall prescribe. They shall also keep an 
accurate account of all money charged or received by them 
in their official capacities, and also of all expenditures made 
or liabilities incurred by them on account of the same, 
and shall annually, on or before the fifteenth day of Janu- 
ary, make a return under oath to said controller of such 
receipts and expenditures for the preceding year. 
Section 2. This act shall take effect upon its passage. 

Approved February 15, 1911. 

Clicqy. 36 An Act relative to registers of probate and insol- 
vency AND registers OF DEEDS. 

Be it enacted, etc., as follows: 

^I^dld ^ ""' Section 1. Section twenty-two of chapter twenty-one 
of the Revised Laws is hereby amended by inserting after 
the word "correction", in the third line, the words: — 
registers of probate and insolvency and registers of deeds, 
— and by adding at the end thereof the words: — except 
in the case of registers of probate and insolvency, in which 
case the interest shall be paid to the commonwealth, — so 
Surplus cash as to read as follows: — Section 22. County treasurers, 
positedtetc. clcrks of the courts, clerks of police, district and municipal 
courts, justices of courts having no clerk, sheriff's and mas- 
ters of jails and houses of correction, registers of probate 
and insolvency and registers of deeds, having more money 
in their hands than is required for immediate use, shall 
deposit it, in their official names, in national banks or trust 
companies in this commonwealth at the best practicable 
rates of interest, which interest shall be paid into the county 
treasury, except in the case of registers of probate and 
insolvency, in which case the interest shall be i)aid to the 
commonwealth. 
Section 2. This act shall take effect upon its passage. 

Approved February 15, 1011. 



Acts, 1911. — Chaps. 37, 38. 27 



An Act relative to motor vehicles and to the opera- ni^nrry 37 

TION thereof. ^ * 

Be it enacted, etc., as follows: 

Section twelve of chapter five hundred and thirty-four 1909, 534, 
of the acts of the year nineteen hundred and nine is hereby fmeAded. 
amended by adding at the end thereof the following: — 
No person shall allow a motor vehicle owned by him or under 
his control to be operated by any person who has no legal 
right to do so, or in violation of the provisions of this act, 
— so as to read as follows: — Section 12. No person shall Chauffeur to 

lip ll(*6tlSGd 

employ for hire as a chauffeur or operator of a motor vehicle etc. 
any person not specially licensed as aforesaid. No person 
shall allow a motor vehicle owned by him or under his 
control to be operated by any person who has no legal 
right to do so, or in violation of the provisions of this act. 

AiJproved February 15, 1911. 



An Act to authorize the Massachusetts highway com- (JJi^ffj 33 

MISSION TO DESTROY CERTAIN WORTHLESS PAPERS. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts highway commission is certain 
hereby authorized to destroy, from time to time, in its dis- Ja^JersTo^be 
cretion, applications for licenses to operate motor vehicles destroyed. 
and for the registration thereof and copies of the licenses 
to operate and certificates of registration of motor vehicles 
issued by it, excepting those of the current year and the 
year next preceding. It may destroy, or cause to be dis- 
posed of, any obsolete number plates and forms which it 
may have in connection with its automobile department 
and which, in the opinion of said commission, are no longer 
of any value to the commonwealth. It may also, in its 
discretion, destroy or cause to be destroyed, examination 
papers or the answers given by the applicants for licenses 
when the same have become of no value or when the licenses 
applied for have been granted. 

Section 2. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. Approved February 15, 1911. 



28 



Acts, 1911. — Chaps. 39, 40. 



Chap. 39 An Act relative to the protection of wood or summer 

DUCK. 



1906, 274, 

§ 1, 

amended. 



Protection of 
certain birds. 



Be it enacted, etc., as follows: 

Section one of chapter two hundred and seventy-four of 
the acts of the year nineteen hundred and six is hereby 
amended by striking out the word "eleven", in the second 
line, and inserting in place thereof the word: — sixteen, — 
so as to read as follows: — Section 1. It shall be unlawful, 
prior to the first day of September in the year nineteen 
hundred and sixteen, to hunt, capture, wound or kill a 
wood or summer duck. Approved February 15, 1911. 



Chap. 40 An Act to authorize the city of brockton to make an 

ADDITIONAL WATER LOAN. 



Brockton 
Water Loan, 
1911. 



Provisos. 



Be it enacted, etc., as follows: 

Section 1. The city of Brockton, for the purposes 
named in chapter one hundred and twenty-four of the acts 
of the year eighteen hundred and seventy-eight, and also 
for the purpose of constructing such storage reservoir or 
reservoirs for its water department, as it shall deem neces- 
sary within its limits or in the adjoining town of Avon, 
may issue from time to time bonds, notes or scrip to an 
amount not exceeding two hundred thousand dollars in 
addition to the amounts heretofore authorized b}' law to 
be issued by said city for water works purposes; and the 
same shall not be reckoned in determining the statutory 
limit of indebtedness of the city. Such bonds, notes or scrip 
shall bear on their face the words, lirockton Water Loan, 
1911, shall be payable at the expiration of periods not 
exceeding thirty years from their dates of issue; shall bear 
interest payable semi-amuially at a rate not exceeding four 
and one half per cent per amnnn, and shall be signed by 
the treasurer of the city and countersigned by the mayor. 
The city may sell such securities at public or private sale, 
or pledge the same for money borrowed for the pin-poses 
of this act upon such terms and conditions as it may deem 
])roj)er: provided, that such securities shall not be sold for 
less than their ])ar value; and provided, fiirthrr, that no ]iart 
of the ])rocee(ls of the sale of said bonds, notes or scrip shall 
be used in payment of running expenses. 



Acts, 1911. — Chap. 41. 29 

Section 2. The city shall at the time of authorizing said ^an'"^'^*°* 
loan provide for the payment thereof in such annual pro- 
portionate 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 prescribed by 
this act; and when a vote to that effect has been passed, 
a sura which with the income derived from water rates will 
be sufficient to pay the annual expense of operating its water 
works and the interest as it accrues on the bonds, notes or 
scrip issued as aforesaid by said city, and to make such 
payments on the principal as may be required under the 
provisions of this act shall, without further vote, be assessed 
by the assessors of the city annually thereafter, in the same 
manner in which other taxes are assessed under the provi- 
sions of section thirty-seven of chapter twelve of the Re- 
vised Laws, until the debt incurred by said loan is extin- 
guished. 

Section 3. This act shall take effect upon its accept- 
ance by the city council of said city. 

Ajjproved February 15, 1011. 

An Act to authorize the city of brockton to construct QJ^qj) 4^ 
A storage reservoir for its water department within 

its limits or in the adjoining town of AVON. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton, for the purpose of Broc*kton^ 
improving its water supply system by the construction of may construct 

• ■ I •■•£1 storaygG 

a storage reservoir or reservoirs, may take, or acquire by reservoir. 
purchase or otherwise, and hold all lands, rights of way and 
easements necessary for the purpose, situated in the city 
of Brockton or in the adjoining town of Avon. 

Section 2. Said city may erect on the land thus acquired ^her^sfr*;*p. 
reservoirs, filter basins, buildings, fixtures and other struc- tures for the 
tures, and may establish all necessary conduits, pipes and water, etc. 
other suitable structures for delivering water to said city, 
and may construct and lay down aqueducts, conduits, pipes 
and other works in, under, through or over any lands, water 
courses or public or private ways, within the limits of said 
city, or from said city within the limits of said town to its 
storage reservoir. For the purpose of constructing, main- 
taining and repairing such conduits, pipes and other works 
should the said storage reservoir be located in said town, 
said city may dig up any lands, and, under the direction 



30 



Acts, 1911. — Chap. 42. 



Description 
of land, etc., 
taken to be 
recorded. 



Damages. 



Penalty for 
destruction 
of property, 
etc. 



of the board of selectmen of the said town, may enter upon 
and dig up any such ways in such manner as to cause the 
least hindrance to public travel thereon, and shall restore 
and keep in repair such ways when they have been dug 
up, to the satisfaction of the selectmen of the said town. 

Section 3. Said city shall, within sixty days after the 
taking of any lands, rights of way or easements under this 
act, file and cause to be recorded in the registry of deeds 
for the county within which the same are situated a descrip- 
tion thereof sufficiently accurate for identification, with a 
statement of the purpose for which the same were taken, 
signed by the water commissioners of the city. 

Section 4. Said city shall pay all damages sustained by 
any person, corporation or town, by the taking of any land, 
right of way or easement, or by any other thing done by 
the city under the authority of this act. Any person, cor- 
poration or town sustaining damages as aforesaid, and fail- 
ing to agree with said city as to the amount thereof, may 
have them determined in the manner provided by law when 
land is taken for laying out highways, on application at any 
time within two years after the taking of any such land or 
other property, or after the doing of any other injury under 
authority of this act; but no such application shall be 
entertained after the expiration of two years from such 
taking. 

Section 5. If any person shall destroy or injure any 
dam, reservoir, aqueduct, pipe, conduit, hydrant, machin- 
ery or other property held, owned or used by said city under 
the authority of this act, he shall forfeit and pay to the city 
three times the amount of damages assessed therefor, to be 
recovered in an action of tort; and, on conviction of any of 
the wanton or malicious acts aforesaid, may be punished 
by a fine not exceeding three hundred dollars or bj' imprison- 
ment in a jail or house of correction for a term not exceed- 
ing one year. 

Section 6. This act shall take effect upon its passage. 

Approved February 15, 1911. 



Chap. 42 An Act to authorize the town of Cheshire to refund 

CERTAIN NOTES. 

Be it enacted, etc., as follows: 

cheshiT""* Section 1. For the purpose of paying certain outstand- 
may refund jjjg notes amountiug to eleven thousand two hundred and 

certain notes. o o 



Acts, 1911. — Chat. 43. 31 

forty dollars, the town of Cheshire is hereby authorized to 
borrow the said sum and to issue notes therefor. One of 
the said notes shall be payable in each j'ear after the said 
loan is made, and the amount of the first nine notes so issued 
shall be eleyen hundred dollars each, and the amount of 
the tenth note shall be thirteen hundred and forty dollars. 
The said notes shall be signed by the treasurer and counter- 
signed by the selectmen of the town, and shall bear inter- 
est at a rate not exceeding four and one half per cent per 
annum. The money required to pay the interest on said 
notes in each year and that part of the principal which 
becomes due in that year shall be raised by taxation in the 
manner in which the other expenses of the town are pro- 
vided for. 
Section 2. This act shall take effect upon its passage. 

Approved February 15, 1911. 

An Act relative to the annual preparation and print- (JJku^ 43 
ing of a list of state officials and their employees 
with their salaries or compensation. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and i^jio- 268, 
sixty-eight of the acts of the year nineteen hundred and amended, 
ten is hereby amended by striking out the words "the 
complete data and facts called for by this act", in the last 
line, and inserting in place thereof the words : — a sum- 
mary by departments, commissions, bureaus and boards of 
the total number of officials and employees employed in 
or by every such department, commission, bureau and board 
and the total amount paid for services by every such depart- 
ment, commission, bureau and board from the treasury of 
the commonwealth, and, respectively, the whole number of 
such officials and employees, and the whole amount paid 
for services in a grand total; and a summary by every 
such department, commission, bureau and board of the 
total number of such officials and employees and the total 
amount paid for services for the year nineteen hundred and 
ten, and for each and every year thereafter, — so as to 
read as follows: — Section 1. Every department, commis- Lists of 
sion, bureau or board of the commonwealth, shall, on or employees'!^ 
before the fifteenth day of July in the year nineteen hun- ^*'^- 
dred and ten, and on or before the fifteenth day of July 
in every year thereafter, prepare and furnish to the governor 



32 Acts, 1911. — Chap. 41. 

and council lists of all the officials and employees of the com- 
monwealth employed in or by such department, commis- 
sion, bureau or board on the first day of July preceding, for 
whose services money has been paid from the treasury of 
Arrangement the commonwcaltli. Thc said lists shall be arranged by 

of lists, etc. ,... p,i 11 J . •• 1 

divisions oi the several departments, commissions, bureaus 
or boards, when such divisions exist, and shall give the name, 
residence, designation, rate of compensation and the date 
of election or appointment of every such official and em- 
ployee, and any increase in the rate of salary or compen- 
sation for the year preceding; and also the aggregate amount 
of all money paid for services or salaries to any official or 
employee, not otherwise shown upon the list, for the year 
beginning with the first day of July in the year preceding 
that in which the list is prepared. It shall be the duty of 
the auditor of the commonwealth to verify the said lists, 
the compensation and the said aggregate amounts from the 
Lists to be pay roll. The said lists and aggregate amounts shall be 
printed, etc. 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 docu- 
ment shall contain a summary by departments, commis- 
sions, bureaus and boards of the total number of officials 
and employees employed in or by every such department, 
commission, bureau and board aiul the total amount paid 
for services by every such department, commission, bureau 
and board from the treasury of the commonwealth, and, 
respectively, the whole number of such officials and em- 
ployees, and the whole amount paid for services in a grand 
total; and a summary by every such department, commis- 
sion, bureau and board of the total number of such officials 
and employees and the total amount paid for ser\ices for 
the year nineteen hundred and ten, and for each and every 
year thereafter. 

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

Approved February 16, 1911. 

Chap. 41 An Act to incorporate the north iianover firemen's 

ASSOCIATION. 

Be it enacted, etc., as follows: 

Ha'novJr'' Section 1. Edward T.. Young. John F. Brooks and 

Firemen;s David II. Stoddanl, all of Hanover, their nsscx-iatcs and 
incorpoiated. succcssors, are hereby made a corporation by the name of 



Acts, 1911. — Chap. 44. 33 



the North Hanover Firemen's Association, for the purpose 
of maintaining an organization and equipment for the ex- 
tinguishment of fires in the town of Hanover, and par- 
ticularly in that part of said town known as North Hanover, 
and shall have and exercise all the powers and privileges 
and be subject to all the duties, restrictions and liabilities 
contained in all general laws now or hereafter in force relat- 
ing to such corporations, except as is hereinafter otherwise 
provided. 

Section 2. The corporation shall consist of the afore- Membership. 
said incorporators and of such other persons as may at 
any legal meeting of the incorporators be elected members 
thereof, and the members of the existing unincorporated 
association of the same name shall be eligible to become 
members of said corporation. 

Section 3. As soon as is practicable after the organ- Transfer of 
ization of said corporation by the choice of officers and the property. 
adoption of by-laws, said unincorporated association shall, 
without payment therefor, convey to the corporation all 
the real and personal property now owned by said unin- 
corporated association, to be held by the corporation for 
the purposes aforesaid. 

Section 4. Said corporation shall also have authority May acquire 

. .,1 11 ixj^l J.J' certain other 

to acquire other real and personal estate by grant, devise, property, etc 
bequest, gift or subscription to an amount not exceeding 
in the whole ten thousand dollars, and to hold, use and 
expend the same for the purposes of the corporation as 
hereinbefore set forth; and the property so held by it shall 
be exempt from taxation. 

Section 5. Said corporation shall have full power to May elect 
elect or appoint such officers as from time to time it may adopt by-""^ 
deem necessary or expedient; to adopt by-laws; to estab- laws, etc. 
lish any needful regulations; and generally to do all acts 
and things necessary or expedient to be done to carry out 
the purposes of the corporation. 

Section 6. The first meeting of said incorporators for Caiiingof 
the purpose of organization, adoption of by-laws, election ^^ ™^^ '°^' 
of members and officers, and for any other lawful purpose 
may be called by any one of the incorporators. 

Section 7. In case said corporation shall cease to main- property 
tain an organization for the extinguishment of fires, or shall "yedto'^the 
for any consecutive period of six months fail to maintain nrnover. 
such an organization, then, upon request of the selectmen 
of the town of Hanover it shall, without payment there- 



34 Acts, 1911. — Chaps. 45, 46. 

for, convey and deliver to the town of Hanover all the real 
and personal property then owned by said corporation. 
Section S. This act shall take effect upon its passage. 

Approved February 17, 1911. 

Chajj. 45 An Act to incorporate the knights of sherwood for- 
est OF MASSACHUSETTS. 

Be it enacted, etc., as follows: 

sherwoo? Section 1. Anthony James Connolly, Harry F. Mac- 

Forestof Lcod, ComeKus Brennan, Thomas J. Robinson, Eugene J. 

Massachusetts, ' ' ' o 

Incorporated. McCarthy, Alex McKay, James Bell, Robert James Oiler- 
head, Edward R. Brennan, Thomas J. JNIcGowan, Albert 
W. Lovejoy, Philip T. Laffoley, Daniel ]\I. Daley, Patrick 
J. Hussey, Harry W. Griff, Kenneth E. Young, John Mc- 
Gann, Joseph P. Rivers and Bernard McArdle, their asso- 
ciates and successors, are hereby made a corporation by the 
name of the Knights of Sherwood Forest of INIassachusetts, 

corporat'ion'"^ Incorporated, for the purpose of transacting business as a 
secret order or fraternity on the lodge system, with power 
to create subordinate lodges, and to pay 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. 

fe"ta!n*pro- Section 2. The Said corporation shall, except as other- 

riw""^"^ wise provided herein, be subject to the provisions of the 
fraternal beneficiary law applicable to fraternal organiza- 
tions 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 February 17, 1911. 

Chap. 4G An Act to authorize the town of marblehead to con- 
vey certain property to HANNAH GRAVES. 

Be it enacted, etc., as follows: 

M-u-biXud Section 1. The town of ]\rarblehead is hereby author- 

certdn"mf ^^^'^^ ^° grant, scll and convey to Hannah Graves, by deed 

erty'toMan- duly cxccutcd in its name and behalf by its board of park 

commissioners, all the lands, rights in land and all property'' 

of every kind situated below the high water line of her 

premises in the said town adjoining Seaside park therein. 



Acts, 1911. — Chap. 47. 35 

which the said board took from her for a pubHc park in the 
year nineteen hundred and five. The execution and dehvery 
of said deed shall be a full and final settlement of the peti- 
tion of said Hannah Graves for damages against said town 
by reason of said taking, now pending in the superior court 
for the county of Essex. 

Section 2. This act shall be submitted to the voters of Snglffect. 
the town of Marblehead, at the annual or a special town 
meeting, in the year nineteen hundred and eleven, and shall 
take effect upon its acceptance by a majority of the voters 
voting thereon. Approved February 17, 1911. 



An Act relative to the American academy of arts and ^7 aj 

sciences. -^ * 

Be it enacted, etc., as fullows: 

Section 1. Section four of chapter forty-six of the acts 1779, 46, 
of the year seventeen hundred and seventy-nine, as amended am;nded 
by section one of chapter one hundred and twenty-nine of 
the acts of the year nineteen hundred and ten, is hereby 
further amended by striking out the word "three", in the 
last line, and inserting in place thereof, the word : — four, 
— so as to read as follows: — Section 4- That the fellows Membership 
of the said academy may from time to time elect such per- porationr 
sons 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 unworthy 
of a place in that body, in the judgment of the academy; 
and also to settle and establish the rules, forms and condi- 
tions of election, suspension, expulsion and disfranchise- 
ment: provided, that the number of the said academy, who proviso, 
are inhabitants of this state, shall not at any one time be 
more than four hundred nor less than forty. 

Section 2. Section six of said chapter forty-six, as 1779, 46, 
amended by section two of said chapter one hundred and Amended. 
twenty-nine, is hereby further amended by striking out the 
word "one", in the seventh line, and inserting in place 
thereof the word: — two, — and by striking out the word 
"three", in the eighth line, and inserting in place thereof 
the word: — five, — so as to read as follows: — Section 6. ^^''tene- 
That the fellows of the said academy may and shall for- ments, etc. 
ever hereafter be deemed capable in the law of having. 



36 



Acts, 1911. — Chap. 48. 



holding and taking, in fee-simple or any less estate, by gift, 
grant, devise or otherwise, any lands, tenements or other 
Proviso. estate, real and personal: provided, that the said real estate 

shall not exceed in value the sum of two hundred thousand 
dollars, and the said personal estate shall not exceed in 
value the sum of five hundred thousand dollars; all the 
sums mentioned in the preceding 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 17, 1911. 



1909, 281, 
§ 1, 
amended. 



Chap. 48 An Act relative to the inspection of cinematographs 

AND SIMILAR APPARATUS AND OF THE BOOTHS OR ENCLOS- 
SURES THEREFOR. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
eighty-one of the acts of the year nineteen hundred and nine 
is hereby amended by striking out the words "one dollar", 
in the fifth line, and inserting in place thereof the words : — 
two dollars, — and by adding at the end thereof the words: 
— For the inspection of a booth or enclosure for a cine- 
matograph or similar apparatus a fee of two dollars shall 
be paid by the owner or user thereof, — so as to read as 
follows : — Section 1 . For the inspection of a cinemato- 
graph or similar apparatus involving the use of a combusti- 
ble film more than ten inches in length, as provided by 
section one of chapter five hundred and sixty-six of the acts 
of the year nineteen hundred and eight, a fee of two dollars 
shall be paid by the owner or user thereof. For the inspec- 
tion of a booth or enclosure for a cinematograph or similar 
apparatus a fee of two dollars shall be paid bj^ the owner 
or user thereof. 

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

Approved February 17, 1911. 



Fee for the 
inspection 
of ii cine- 
matograph, 
etc. 



Acts, 1911. — Chaps. 49, 50, 51. 37' 



An Act to authorize the children's hospital in boston QJiap. 49 

TO HOLD additional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The Children's Hospital in Boston is hereby The children's 
authorized to hold real and personal estate to an amount BosU)nVa°y 
not exceeding two million five hundred thousand dollars, uo'na^eftate. 

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

Approved February 17, 1911. 

An Act to authorize the transfer of the property of (jJiar). 50 

THE WALNUT GROVE CEMETERY, AN ASSOCIATION, TO THE 
WALNUT GROVE CEMETERY, A CORPORATION. 

Be it enacted, etc., as follows: 

Section 1. The Walnut Grove Cemetery, a corpora- TheWainut 
tion organized under the provisions of chapters seventy- t^ery^mayTake 
eight and one hundred and twenty-three of the Revised ^"06^4^°"°* 
Laws, is hereby authorized to take possession and legal con- burying 
trol of the burying ground situated in Methuen and known Meihuen"etc. 
as the Walnut Grove Cemetery; and the trustees of the 
Walnut Grove Cemetery, an association, are authorized to 
convey to said corporation title to said burying ground, 
and all the right, title and interest of said association and 
the proprietors thereof in said burying ground, and all 
moneys held by them or by any officers of said association 
in trust for the use and benefit of said association or for the 
care of any lots in said cemetery, and all property or rights 
appertaining to said cemetery. Said corporation shall hold 
and administer said real estate as a burying ground, and 
said personal estate charged with the same trusts with which 
it is now charged. 

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

Approved February 17, 1911. 



An Act relative to the annual reports of the insur- rj],nY) 51 

ANCE COMMISSIONER. ^' 

Be it enacted, etc., as follows: 

Section 1. The annual report of the insurance com- Annual re- 
missioner on matters relating to fire insurance shall contain fns^'uranVe''^ 
the laws enacted on that subject in the year of the report, cpmmis- 

J,. I ,.„ I'll . sioner, con- 

and nis annual report on lite and miscellaneous msurance tents, etc. 



38 



Acts, 1911. — CiiAr. 52. 



The Hadley 
Water Sup- 
ply District 
may extend 
its limits. 



matters shall contain the laws enacted on those subjects in 
the year of the report. 

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

Approved February 17, 1911. 

Chap. 52 An Act to authorize the hadley water supply district 

TO EXTEND ITS LIMITS. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Hadley liable 
to taxation in that town and residing within the territory 
enclosed by the following boundary lines, to wit : — Begin- 
ning at the present northeasterly corner of the district on 
the Amherst line, said point being north sixteen degrees 
thirty-four minutes east, three hundred feet from a town 
bound stone located about sixty feet south of the southerly 
line of the state highway leading from Hadley to Amherst; 
thence on said town line north sixteen degrees thirty-four 
minutes east eight hundred and sLxty feet; thence leaving 
the said town line and running north eighty-six degrees 
west three hundred and sixty feet on land of one Peterson, 
and seven hundred and eighty feet on land of one Newton, 
to a fence corner and to land of Emory H. Davis; thence 
on the same course on the southerly side of the said Davis' 
land two hundred and ten feet on the aforesaid Newton's 
land and five hundred and forty feet on land of Charles W. 
Greene to a fence corner; thence north six degrees thirty 
minutes east four hundred and two feet on the Greene- 
Davis line to a fence corner; thence north eighty-five degrees 
forty minutes west two thousand and seventy feet on the 
said line between Greene and Davis to the easterly side of 
Maple street; thence north sixty-four degrees thirty minutes 
west twelve hundred and sixty feet to the centre of the 
Old Amherst road. This last described line crosses INIaple 
street and land of Frank B. Greene and passes through 
the said Greene's northwesterly corner of land on the said 
Old Amherst road, the same being the southwesterly corner 
of land of John Field; thence following the centre line of 
the Old Amherst road in a general southwesterly direction 
eighty-three hundred and ninety feet to the northeasterly 
corner of the Hadley Water Supply District as originally- 
established by chapter one hundred and forty-six of the 
acts of the year nineteen hundred and five; thence easterly 
along the northerly line of the Hadley Water Supply Dis- 



Acts, 1911. — Chap. 53. 39 

trict, as enlarged by chapter three hundred and forty of 
the acts of the year nineteen hundred and nine, to the place 
of beginning, — shall be added to and made part of the 
body corporate of the Hadley Water Supply District. The 
territory hereby annexed to said district and the inhabit- 
ants residing therein shall have all the rights, powers and 
privileges and be subject to all the liabilities and duties 
pertaining to said district according to the provisions of 
said chapters one hundred and forty-six and three hundred 
and forty. 

Section 2. This act shall take effect upon its accept- Tobesub- 
ance by a majority of the legal voters of the said district, ™o'tersof thi 
as hereby enlarged, present and voting thereon at a legal Acceptance 
meeting called for that purpose within three years after etc 
the date of its passage. Said meeting shall be called on a 
petition of ten or more of the legal voters of said district 
as enlarged by this act, by warrant from a justice of the peace, 
directed to one of the petitioners, requiring him to give 
notice of the meeting by posting copies of said warrant in 
two or more public places in said district as enlarged by this 
act, seven days at least before the time set for said meeting, 
and by publishing such notice thereof as the warrant may 
require in any newspaper published in the county of Hamp- 
shire and circulated in the town of Hadley. The justice 
or a member of the board of water commissioners of said 
district shall preside at said meeting until a moderator is 
chosen and sworn; and for the purpose of authorizing the 
said meeting this act shall take effect upon its passage. 

Approved February 17, 1911. 

An Act relating to the maintenance of bastard chil- (JJiar) 53 

DREN. 

Be it enacted, etc., as follows: 

Section 1 . Section four of chapter eighty-two of the r. l. 82, § 4, 
Revised Laws is hereby amended by adding at the end ^^^^nded. 
thereof the following : — and at any hearing of said complaint 
at any subsequent time to which it may be continued, and 
so from day to day, and from time to time, until the final 
disposition of said complaint before said court or trial jus- 
tice, and not depart without leave, — so as to read as fol- 
lows : — Section 4- A person who is arrested upon such Release from 
warrant may be released upon giving a bond with sufR- '''"''est, etc. 
cient surety or sureties, in not less than three hundred 



40 



Acts, 1911. — Chap. 54. 



R. L. 82, § 5, 
amended. 



Bond to be 
given. 



dollars, for his appearance before the court or trial justice 
having jurisdiction of the complaint, at a time to be specified 
in said bond, and at any hearing of said complaint at any 
subsequent time to which it may be continued, and so from 
day to day, and from time to time, until the final disposi- 
tion of said complaint before said court or trial justice, and 
not depart without leave. 

Section 2. Section five of said chapter eighty-two is 
hereby amended by adding at the end thereof the words : — 
A bond such as is specified in this and the preceding section 
may be executed and approved on the Lord's day, — so 
as to read as follows : — Section 5. The bond shall be made 
to the party for whose benefit the complaint is made 
or prosecuted, and the sureties may be examined and the 
bond approved by a justice, special justice or clerk of a 
police, district or municipal court, by a trial justice or by 
a bail commissioner or master in chancery. A bond such 
as is specified in this and the preceding section may be 
executed and approved on the Lord's day. 

Section 3. This act shall take effect upon its passage. 

Approved February 17, 1911. 



1907, 576, 
§ 11, Par. 
Second, 
amended. 



Chap. 54 An Act relative to the reserves for weekly paitwent 

LIFE insurance POLICIES. 

Be it enacted, etc., as follows: 

Paragraph Second of section eleven of chapter five hun- 
dred and seventv-six of the acts of the vear nineteen hundred 
and seven is hereby amended by adding at the end thereof 
the words: — and any life insurance company receiving pre- 
miums by weekly payments may elect for such weekly 
payment business or any portion thereof to reserve upon 
any table showing a higher rate of mortality approved by 
the insurance commissioner, ^ so as to read as follows: — 
Second, The net value on the last day of December of the 
preceding year of all outstanding policies of life insurance 
issued after the thirty-first day of December in the year 
nineteen hundred shall be computed upon the basis of the 
"American Experience Table" of mortality, with interest 
at three and one half per cent per annum ; but any such 
life insurance company may at any time elect to reserve 
upon a three per cent basis, and thereupon its policies issued 
upon such reserv^e shall bo computed u])()n the basis of the 
"American Ex{)erience Table" of mortality, with interest 



Basis of 
valuation of 
policies of 
life insurance 
companies. 



Acts, 1911. — Chaps. 55, 56. 41 

at three per cent per annum, and any life insurance company 
receiving premiums by weekly payments may elect for such 
weekly payment business or any portion thereof to reserve 
upon any table showing a higher rate of mortality approved 
by the insurance commissioner. 

Approved February 17, 1911, 

An Act to authorize the town of danvers to issue (Jjfdp^ 55 

NOTES or bonds FOR THE PURPOSE OF PAYING CERTAIN 
LIABILITIES. 

Be it enacted, etc., as follows: 

Section 1. The town of Danvers, for the purpose of The town of 

... • 1 1 PI p Danvers may 

extmguishmg a note given by the town tor the sum oi twenty issue notes, 
thousand dollars, payable to James M. Beebe, Samuel T. 
Dana and Francis Peabody, trustees, or their successors 
as trustees of the Peabody Family Fund, and dated June 
tenth, eighteen hundred and seventy-five, is hereby author- 
ized to incur indebtedness to an amount not exceeding 
twenty thousand dollars, and may issue notes, bonds or 
scrip therefor. Such notes, bonds or scrip shall be payable 
in ten annual pa\anents of two thousand dollars each, the 
first payment to be made one year after the date of said 
loan. The notes, bonds or scrip shall bear interest at a 
rate not exceeding four per cent per annum, and the amount 
required to pay the interest and the principal sums as they 
become due shall be raised by taxation in the manner in 
which the other expenses of the town are met. 
Section 2. This act shall take effect upon its passage. 

Approved February 17, 1911. 

An Act relative to the school committee in the town nhd^j 56 

OF HUNTINGTON. ' 

Be it enacted, etc., as follows: 
Section 1. The town of Huntington may at its annual Election of 

*— ' *' Q sf nool 

meeting in March next elect a school committee of three committee by 
persons, one of whom shall serve for a term of one year, Huntington. 
one for a term of two years and one for a term of three 
years, and thereafter annually one member of the school 
committee shall be elected for a term of three vears. 

XI 

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

Approved February 17, 1911. 



42 Acts, 1911. — CiiArs. 57, 58. 



Chap. 57 An Act to authorize the city of quincy to make an 

ADDITIONAL SEWER LOAN. 

Be it enacted, etc., as follows: 

Qum'^cy Sewer SECTION 1. The city of Quincv, for the purpose of 
i9ii' ^*^* "^ extending and completing its system of sewerage, and for 
the purposes mentioned in chapter two hundred and seventy- 
nine of the acts of the year eighteen hundred anrl ninety- 
five and acts in amendment thereof, may from time to time 
issue bonds, notes or scrip, to be denominated on the face 
thereof, City of Quincy Sewer Loan, Act of 1911, to an 
amount not exceeding two hundred thousand dollars, out- 
side the limit of indebtedness fixed by law for that city, 
and in addition to the amounts heretofore authorized by 
law to be issued by the city for the same purposes. Such 
bonds, notes or scrip shall be issued upon the terms and 
conditions and with the force and effect specified in said 
chapter two hundred and seventy-nine, and in chapter two 
hundred and twenty-five of the acts of the year eighteen 
hundred and ninety-seven and acts in amendment thereof 
and in addition thereto. 
Section 2. This act shall take effect upon its passage. 

Approved February 20, 1911. 

Cliai). 58 An Act to authorize the town of uxbridge to incur 

ADDITIONAL INDEBTEDNESS FOR THE PURPOSE OF EXTEND- 
ING ITS WATER SUPPLY. 

Be it enacted, etc., as follows: 

serand^* Section 1. The town of Uxbridge, for the purposes 

Additional mentioned in section five of chapter two hundred and twenty- 

^^ liter Lioan 

Act of 1911.' five of the acts of the year nineteen hundred and four, as 
amended by chapter two hundred and seventy-se^•en of the 
acts of the year nineteen hundred and five, and by chapter 
three hundred and ninety-seven of the acts of the year 
nineteen hundred and six, may borrow money from time 
to time and issue therefor negotiable bonds, notes or scrip 
to an amount not exceeding twenty-five thousand dollars, 
in addition to the amount of ninety-five thousand dollars 
heretofore authorized by law to be issued by said town 
for similar ])urposes. Such bonds, notes or scrip shall be 
signed by tlie treasurer of the town and countersigned by 
the chairman of the board of water conunissioners, and shall 



Acts, 1911. — Chaps. 59, 60. 43 

be denominated on the face thereof, Uxbridge Second Addi- 
tional Water Loan, Act of 1911. They shall be payable 
at the expiration of periods not exceeding thirty years from 
the dates of issue, and shall bear such rate of interest, not 
exceeding four per cent per annum, as the town may deter- 
mine. The town may sell such securities at public or private 
sale for not less than the par value thereof, upon such terms 
and conditions as it may deem proper, and shall make 
payable annually a fixed proportion of the principal of 
such bonds, notes or scrip; and the town shall raise annually 
by taxation the amount required to meet the interest and 
the proportion of the principal which is payable annually. 
Section 2. This act shall take effect upon its passage. 

Approved February 20, 1911. 

An Act relative to the duties of the chief clerk of (JJiap. 59 

THE BUREAU OF STATISTICS. 

Be it enacted, etc., as follows: 

Section 1. In the absence or inability of the director Duties of the 
of the bureau of statistics, or in the event of his death, of the'' ^^ 
pending the appointment and qualification of his successor, ^^^li^ucf. 
the chief clerk or deputy, as provided for by section two of 
chapter three hundred and seventy-one of the acts of the 
year nineteen hundred and nine, shall have authority to 
perform all the duties of said director prescribed by law. 

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

Approved February 20, 1911. 

An Act relative to the department of the sergeant- (Jhap. 60 

AT-ARMS. 

Be it enacted, etc., as follows: 

Section 1. So much of section eleven of chapter ten of fii'etc'., 
the Revised Laws, as amended by chapter three hundred amended, 
and twentv-three of the acts of the vear nineteen hundred 
and three, as refers to the sergeant-at-arms' cashier, is hereby 
amended by striking out the words "one thousand", in the 
last line, and inserting in place thereof the words : — twelve 
hundred, — and by adding at the end of said section the 
words: — to be so allowed from the first day of December 
in the vear nineteen hundred and ten, — so as to read as 
follows : — and the sergeant-at-arms may emploj^ a cashier, Sergeant-at- 
who shall be a stenographer, for whose conduct he shall 



44 



Acts, 1911. — Chap. 61. 



be accountable, who shall receive an annual salary of twelve 
hundred dollars, to be so allowed from the first day of Decem- 
ber in the year nineteen hundred and ten. 
Section 2. This act shall take effect upon its passage. 

Approved February 20, 1911. 



Framingham 
Grade School 
Loan, Act 
of 1911. 



Chap. Gl An Act to authorize the town of framingham to incur 

INDEBTEDNESS FOR A GRADE SCHOOL BUILDING. 

Be it enacted, etc., as follows: 

Section 1. The town of Framingham, for the purpose 
of erecting, furnishing and equipping a grade school build- 
ing in the Centre village, so-called, in said town, is hereby 
authorized to borrow money beyond its statutory limit of 
indebtedness, to an amount not exceeding sixty-five thou- 
sand dollars, and to issue notes or bonds therefor. Such 
notes or bonds shall bear on the face thereof the words, 
Framingham Grade School Loan, Act of 1911, and also the 
words "exempt from taxation in Massachusetts", 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 
annum, and shall be signed by the treasurer and counter- 
signed by the selectmen of the town. The town may sell 
such securities at public or private sale, upon such terms 
and conditions as it may deem expedient, but they shall 
not be sold for less than their par value. 

Section 2. The town shall, at the time of authorizing 
the said loan, provide for the payment thereof in such annual 
proportionate payments as will extinguish the same within 
the time prescribed in this act; and when a vote to that 
effect has been passed the amount required thereby shall, 
without further vote, be assessed by the assessors of the 
town annually thereafter, in the same manner in which 
other town taxes are assessed, until the debt incurred by the 
loan is extinguished. Said town shall also raise annually 
by taxation a sum which will be sufficient to pay the inter- 
est as it accrues on the notes or bonds issued under authority 
of this act. 

Section 3. This act shall take effect upon its accept- 
ance by a majority of the \()ters of the town present and 
voting thereon at a meeting duly called for the purpose. 

Approved February 20, 1911. 



Payment of 
loan. 



Time of 
taking effect. 



Acts, 1911. — Chap. 62. 45 



An Act making appropriations for salaries and expenses (Jhap. 62 

IN THE JUDICIAL DEPARTMENT OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the salaries and 
expenses of the judicial department of the commonwealth 
for the fiscal year ending on the thirtieth day of Novem- 
ber, nineteen hundred and eleven, to wit : — 



tions. 



SUPREME JUDICIAL COURT. 

For the salaries and travelling expenses of the chief jus- chief justice 
lice and of the six associate justices, sixty thousand dollars. ^usUces"*"'"*^ 

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

For clerical assistance to the clerk, eight hundred dollars, clerical 

For clerical assistance to the justices, a sum not exceed- ^ssiistance to 
ing twenty-five hundred dollars. Clerical 

^ ff.i 'I'*! j_ A. assistance to 

For expenses of the supreme judicial court, a sum not justices. 
exceeding two thousand dollars. Expenses. 

For the salary of the reporter of decisions, four thousand fg^c'isfons °^ 
dollars; and for clerk hire and incidental expenses of said etc. 
reporter, a sum not exceeding five thousand dollars. 

For the salaries of the officers and messenger, twenty- officers and 

/> 1 1 J J 11 messenger. 

tour hundred dollars. 

For the salary of the clerk for the county of Suffolk, Sfk cofnty. 
fifteen hundred dollars. 

For the salary of the assistant clerk for the county of Assistant 

o( 11 /^ 1 1 1 1 11 clerk, Suffolk 

SuiTolk, five hundred dollars. county. 

For the salaries of the retired justices, fifty-two hundred -^g^^ces. 
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 j^^st^ces. 
and seventy-five thousand five hundred dollars. 

For the salary of the assistant clerk, five hundred dol- ^jg^j^^*"'^*' 
lars. 

For printing, transportation of papers and documents, Printing, 
and for incidental expenses of the superior court, a sum not 
exceeding four hundred dollars. 



46 



Acts, 1911. — Chap. 62. 



Judge of 
probate, etc., 
Barnstable. 

Berkshire. 



Bristol. 



Dukes 
County. 

Essex. 



Franklin. 
Hampden. 
Hampshire. 
.Middlesex. 
Nantucket. 
Norfolk. 
Plymouth. 
Suffolk. 
Worcester. 



Retired 
judges. 

Judges art- 
ing in other 
counties. 



Register, 
Barnstable. 

Berkshire. 
Bristol. 



Dukes 
County. 

Essex. 



COURTS OF PROBATE AND INSOLVENCY. 

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

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, 
forty-five hundred dollars. 

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

For the salaries of the two judges for the county of Essex, 
eight thousand dollars. 

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

For the salary of the judge for the county of Hampden, 
thirty-eight hundred dollars. 

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

For the salaries of the two judges for the county of Mid- 
dlesex, ten thousand dollars. 

For the salary of the judge for the county of Nantucket, 
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-seven hundred dollars. 

For the salaries of the two judges for the county of Sufl'olk, 
twelve thousand dollars. 

For the salaries of the two judges for the county of Wor- 
cester, 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, 
nineteen 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. 



Acts, 1911. — Chap. 62. 47 

For the salary of the register for the county of FrankHn, FrankUn. 
fifteen hundred dollars. 

For the salary of the register for the county of Hampden, Hampden, 
thirty-one hundred dollars. 

For the salary of the register for the county of Hamp- Hampshire, 
shire, sixteen hundred dollars. 

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

For the salary of the register for the county of Nan- Nantucket, 
tucket, eight hundred dollars. 

For the salary of the register for the county of Norfolk, Norfolk, 
twenty-seven hundred dollars. 

For the salary of the register for the county of Plym- Plymouth, 
outh, twenty-two hundred dollars. 

For the salary of the register for the county of Suffolk, suflfoik. 
five thousand dollars. 

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

For the salary of the assistant register for the county of ^^^l^^^^^ 
Barnstable, five hundred and fifty dollars. Barnstable. 

For the salary of the assistant register for the county of Berkshire. 
Berkshire, nine hundred and fifty dollars. 

For the salary of the assistant register for the county of Bristol. 
Bristol, twenty-three hundred dollars. 

For the salaries of the assistant registers for the county of ^^sex. 
Essex, forty-one 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, fifteen hundred and fifty 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, seven thousand dollars. 

For the salary of the assistant register for the county of Norfolk. 
Norfolk, thirteen 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 
county of Suffolk, twenty-five hundred dollars. ^^^'^ *° ' 

For the salary of the assistant register for the county Worcester. 
of Worcester, fifteen hundred dollars. 

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



48 



Acts, 1911. — Chap. 62. 



Berkshire. 



Bristol. 



Dukes 
County. 



Essex. 

Franklin. 
Hampden. 

Hampshire. 
Middlesex. 

Nantucket. 
Norfolk. 

Plymouth. 

Suffolk. 

"Worcester. 



Clerk, 
Suffolk. 



For extra clerical assistance to the register for the county 
of Berksliire, a sum not exceeding six hundred dollars. 

For extra clerical assistance to the register for the county 
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 
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 
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 
of Franklin, a sum not exceeding four hundred dollars. 

For extra clerical assistance to the register for the county 
of Hampden, a sum not exceeding twenty-six hundred thirty- 
three dollars and thirty-three cents. 

For extra clerical assistance to the register for the county 
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 Nantucket, a sum not exceeding three hundred dollars. 

For extra clerical assistance to the register for the county 
of Norfolk, 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 twent}'-one hundred dol- 
lars. 

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 seven thousand sixteen 
dollars and sixty-six cents. 

For the salary of the clerk of the register for the county 
of Suffolk, twelve hundred dollars. 



District 

.attorney, 

Suffolk. 

Assistants. 



DISTRICT ATTORNEYS. 

For the salary of the district attorney for the Suffolk 
district, five thousand dollars. 

For the salaries of the first, second and third assistant 
district attorneys for the Suffolk district, eleven thousand 
four hundred dollars. 



Acts, 1911.— Chap. 63. 49 

For the salaries of the deputy assistants of the district ^gg^g'^^g^tg 
attorney for the Suffolk district, thirty-six hundred dol- 
lars. 

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

For the salaries of the assistant district attorneys for the Assistants. 
northern district, thirty-eight hundred dollars. 

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

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

For the salary of the district attorney for the south- Southeastern 
eastern district, twenty-four hundred dollars. 

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

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

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

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

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

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

For the salary of the district attorney for the northwestern Northwestern 

. . district 

district, thirteen hundred and fifty dollars. 

For travelling expenses necessarily incurred by the dis- Travelling 
trict attorneys and assistant district attorneys, except in •^'^p^"^*^^- 
the Suffolk district, a sum not exceeding fifteen hundred 
dollars. 

COMMISSION ON PROBATION. 

For expenses of the commission on probation, a sum not Commission 

,. r, .1 1 1 11 on probation. 

exceedmg nve thousand dollars. 

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

Approved February 21, 1911. 

An Act to provide that in civil service examinations (Jfidrn^ (33 

ANSWERS TO QUESTIONS RELATING TO TRAINING AND 
EXPERIENCE MAY BE UNDER OATH. 

Be it enacted, etc., as follows: 

Section thirteen of chapter nineteen of the Revised Laws r. l. i9, § is, 
is hereby amended by inserting after the word "applicants", ^'^^'^^^^- 



50 Acts, 1911. — Chats. 64, 65. 

in the fifth hne, the following: — and all answers of appli- 
cants to questions in examinations relating to training and 
experience, outside of the labor service, shall be under oath, if 
the commission shall so require, — and by striking out the 
words "The examination of applicants for employment as 
laborers shall relate to their capacity for labor and habits 
of sobriety and industry and to the necessities of themselves 
and their families", in the fifth to the eighth lines, inclusive, 
Examina- — SO as to read as follows: — Section 13. No question in 
any examination shall relate to, and no appointment to a 
position or selection for employment shall be affected by, 
political or religious opinions or affiliations. Examinations 
shall be practical and shall relate to matters which will 
fairly- test the capacity and fitness of the applicants; and 
all answers of applicants to questions in examinations relat- 
ing to training and experience, outside of the labor service, 
shall be under oath, if the commission shall so require. 

Approved February 2^, 1911. 

Chap. 64 An Act to authorize the towns of abington, rockland 

AND WHITMAN TO APPROPRIATE MONEY FOR AN ANNI- 
VERSARY CELEBRATION. 

Be it enacted, etc., a^ follows: 

Jowns?nay SECTION 1. Tlic towus of Abiugton, Rocklaud and Whit- 

appropriate j^^^n are cacli herebv authorized to raise hv taxation and to 

uioiiGv for iin *■ *' 

anniversary appropriate such suiiis of money as may be authorized by a 
majority vote of the voters of each town voting thereon at the 
annual town meeting of each town, duly called in the years 
nineteen hundred and eleven and nineteen himdred and 
twelve, for the celebration in the year nineteen hundred 
and twelve of the two hundredth anniversary of the incor- 
poration of the town of Abington, which comprised the 
present towns of Abington, Rockland and Whitman, and 
for publishing the proceedings of the celebration. 

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

Approved February 24, 1011. 

Chap. ()5 An Act to authorize the city of new Bedford to incur 

INDEBTEDNESS FOR EXTENDING AND RENEWING ITS WATER 
MAINS. 

Be it enacted, etc., as follows: 

wau.M!!,-m!^ Section 1. Thc city of New Bedford, for the purpose 
Act of 11)11. yf extending and renewing its water mains, may incur in- 



Acts, 1911. — Chap. 66. 51 

debtedness, beyond the limit fixed by law, to an amount 
not exceeding one hundred and fifty thousand dollars, and 
may issue bonds, notes or scrip therefor, in addition to the 
amounts heretofore authorized by law to be issued by the 
city for water works purposes; and the same shall not be 
reckoned in determining the statutory limit of indebtedness 
of the city. Such bonds, notes or scrip shall bear on their 
face the words, New Bedford Water Loan, Act of 1911; 
shall be payable at the expiration of periods not exceeding 
thirty years from the dates of issue; shall bear interest 
payable semi-annually at a rate not exceeding four per cent 
per annum; and shall be signed by the treasurer of the city 
and countersigned by the mayor. The city may sell the 
said securities at public or private sale upon such terms and 
conditions as it may deem proper; but they shall not be 
sold for less than their par value. No part of the proceeds 
of the sale of said bonds, notes or scrip shall be used in pay- 
ment of running expenses. 

Section 2. The city shall at the time of authorizing Payment of 
said loan provide for the payment thereof in such annual 
proportionate payments, beginning not more than five years 
after the first issue of any such bonds, notes or scrip, as will 
extinguish the same within the time prescribed by this act; 
and when a vote to that effect has been passed a sum which, 
with the income derived from water rates, will be sufficient 
to pay the annual expense of oj)erating its water works and 
the interest as it accrues on the bonds, notes or scrip issued 
as aforesaid by said city, and to make such payments on 
the principal as may be required under the provisions of 
this act shall, without further vote, be assessed by the assess- 
ors of the city annually 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. 

Aijproved February 24, 1911. 

An Act making appropriations for the board of regis- (JJidf)^ 6(5 

TRATION IN DENTISTRY. 

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- of'regi^tratlon 
wealth from the ordinary revenue, for the salaries and ex- ii dentistry. 
penses of the board of registration in dentistry, for the 



52 



Acts, 1911. — Chaps. 67, 68. 



Salaries of 
members. 

Clerical serv- 
ices, etc. 



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

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

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

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

Approved February 24, 1911. 



Chap. 



Appropria- 
tions. 



Bank com- 
missioner. 



Examiners, 
clerks, etc. 

Printing, 

stationery, 

etc. 



Annual 
reports. 



67 An Act making appropriations for salaries and ex- 
penses IN the department of the bank commissioner. 

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 department of 
the bank commissioner, for the fiscal year ending on the 
thirtieth day of November, nineteen hundred and eleven, 
to wit: — 

For the salary of the commissioner, the sum of five thou- 
sand dollars. 

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

For the salaries of examiners, clerks, experts and other 
assistants, a sum not exceeding fifty thousand dollars. 

For printing, stationery, office supplies, travelling and 
other expenses, a sum not exceeding twenty thousand dol- 
lars. 

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

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

Approved February 27, 1911. 



Chap. OS An Act to establish a sitting of the superior court 

at ware for naturalization business. 



Sitting of 
superior 
court in the 
town of 
Ware. 



Be it enacted, etc., as follows: 

Section 1. The sitting of the superior court provided 
by section twenty-four of chapter one hundred and fifty- 
seven of the Revised Laws to be held at Northampton for 
civil business on the first Monday of June shall, on the fol- 



Acts, 1911. — Chaps. 69, 70, 71. 53 

lowing Wednesday, be adjourned to and held at Ware for 
naturalization business. 
Section 2. This act shall take effect upon its passage. 

Approved March 1, 1911. 



An Act to prohibit the taking of flounders and other (Jjidp^ (39 

GROUND PISH BY CERTAIN APPARATUS IN THE VICINITY OF 
PEMBERTON POINT AND PIG ROCK. 

Be it enacted, etc., as folloivs: 

Section 1. It shall be unlawful to take flounders or Taking of 
any other ground fish in the waters lying inshore from a gro'imdfish 
line drawn from Pemberton point, in the town of Hull, Pt™'""^''*^*^- 
to Pig rock, in the town of Swampscott, by beam trawl 
or by any apparatus other than a hook and line or an ordi- 
nary trawl. 

Section 2. Whoever violates any provision of this act penalty, 
shall be punished by a fine not exceeding two hundred 
dollars for each offence. Approved March 1, 1911. 

An Act relative to the service of trustee process ni^n^ tq 
UPON foreign corporations. ^ ' 

Be it enacted, etc., as follows: 

When a foreign corporation having a usual place of busi- Service of 
ness in this commonwealth is summoned as trustee of the proce^s^son 
defendant in any action brought under the provisions of porafionT/ 
section one of chapter one hundred and eighty-nine of the 
Revised Laws, and when the defendant is an employee of 
such trustee, service of the writ may be made upon any 
paymaster or other officer or agent of the corporation whose 
duty it is to pay such employee, and such service shall be 
as binding upon the corporation as if it had been made 
upon the commissioner of corporations. 

Approved March 1, 1911. 

An Act to abolish the age limit for admission to the QJiQp^ 71 

MONSON state HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-seven of chapter five hundred ^^^^'^^^^ 
and four of the acts of the year nineteen hundred and nine amended. 



54 



Acts, 1911. — Chap. 72. 



Commitment 
of epileptics, 
etc. 



1909, 504, 
§ 58, 
amended. 



Voluntary 
admissions. 



is hereby amended by striking out the words, "of the age 
of ten years or over", in the first hne, — so as to read as 
follows : — Section 57. A person who is subject to epilepsy, 
if he is not a criminal, inebriate or violently insane, may, 
if insane, be committed to the Monson state hospital, in 
accordance with the provisions for the commitment of other 
insane persons, or may, if dangerous to himself or others 
by reason of epilepsy, be committed thereto in the manner 
provided for the commitment of dipsomaniacs and inebriates. 

Section 2. Section fifty-eight of said chapter five hun- 
dred and four fs hereby amended by striking out the words 
"of the age of ten or over", in the second and third lines, — 
so as to read as follows: - — Section 58. The trustees of said 
hospital may receive and detain therein as a patient any 
person certified to be subject to epilepsy by a physician 
qualified as provided in section thirty-two, who desires to 
submit himself to treatment and makes written application 
therefor, and whose age and mental condition are such as 
to render him competent to make such application, or for 
whom application is made by a parent or guardian. No 
such patient shall be detained more than three months after 
having given notice in writing of his intention or desire to 
leave the hospital. Upon the patient's reception at the 
hospital, the superintendent shall report the particulars of 
the case to the board of insanity, who may investigate the 
same. 

Section 3. This act shall take effect upon its passage. 

Approved March 1, 1911. 



Chap. 72 An Act authorizing towns to appropri.vte money for 

THE EMPLOYMENT OF NURSES. 

Be it enacted, etc., as folhnvs: 

Section 1. Towns are hereby authorized to appropriate 
annually a sum not exceeding two thousand dollars for the 
employment of district or other nurses. The said sums 
may be expended directly by the town through its selectmen, 
or under the direction of the board of health when authorized 
so to do by the selectmen. 

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

Approved March 1, 1911. 



Towns may 
appropriate 
money for 
nurses. 



Acts, 1911. — Chaps. 73, 74, 75. 55 



An Act to establish the salary of the assistant regis- (Jhap. 73 

TER OF probate AND INSOLVENCY FOR THE COUNTY OF 
WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. The salary of the assistant register of pro- f^^|^^^^lf 
bate and insolvency for the county of Worcester shall be probate, 
twenty-three hundred dollars a year, to be so allowed from coun'ty, 
the first day of January in the current year. salary. 

Section 2. So much of any act as is inconsistent here- Repeal, 
with is hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved March 1, 1911. 



An Act relative to the annual report of the director (JJiap, 74 

OF THE BUREAU OF STATISTICS ON THE FINANCIAL STA- 
TISTICS OF CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter three hundred and ^"""f'- 
seventy-one of the acts of the year nineteen hundred and director of 
nine is hereby amended by striking out the words "of the statistics. 
report on the financial statistics of cities and towns, four 
thousand copies, of which three thousand shall be for the 
use of the bureau", and inserting in place thereof the words: 
— of the report on the statistics of municipal finances, 
seven thousand copies, of which six thousand shall be for 
the use of the bureau. 

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

Approved March 1, 1911. 

An Act relative to the placing of s>pecial assessments (Jhaj). 75 

ON TAX BILLS. 

Be it enacted, etc., as follows: 

All apportioned special assessments and all other assess- special 
ments on real estate constituting a lien thereon, for which ortaxbiusf 
such real estate might be sold, shall be placed on the annual 
tax bill for the real estate. Approved March 1, 1911. 



56 



Acts, 1911. — Chaps. 76, 77, 78. 



Appointment, 
etc., of fence 
viewers of 
the city of 
Boston. 



Chap. 76 An Act relative to the appointment and duties of 

FENCE VIEWERS IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1, The fence viewers in the city of Boston shall 
hereafter be two inspectors in the building department of 
the city, to be designated by the mayor, and the inspectors 
so designated shall have the powers and perform the duties 
of fence viewers in said city, as now provided by law. The 
said inspectors shall be empowered to collect such fees as 
are allowed by law to fence viewers, and all fees so collected 
shall be paid into the treasury of the city. 

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

Approved March 1, 1911. 

An Act relative to storage warehouses. 
Be it enacted, etc., as follows: 

Section 1. Proprietors of storage warehouses shall fur- 
nish to the licensing authorities of any city or town, upon 
request of said authorities, the names of all persons, firms 
or corporations storing liquor in their warehouses, and this 
information shall be for the use of the licensing authori- 
ties only. 

Section 2. Proprietors of storage warehouses who refuse 
or neglect to furnish information as specified in section one 
shall be punished by a fine of fifty dollars. 

Approved March 1, 1911. 

Chcvp. 78 An Act relative to town meetings in the town of 

PEABODY. 

Be it enacted, etc., as follows: 

Section 1. No action shall be taken at any town meet- 
ing in the town of Peabody appropriating or involving the 
expenditure of money, the creating of a debt, or the dis- 
posal of any town property, until the proposed action has 
been submitted to the finance committee, and roi)ort made 
thereon. 

Section 2. Whenever the warrant for any town meet- 
ing contains any article or articles proposing the appropria- 
tion or expenditure of money, the creation of a town debt 
or the sale of any town property, the selectmen shall, six 
days at least before the day named in the warrant for hold- 



ChajJ. 77 



Names of 
persons, etc., 
storing liquor 
in ware- 
houses to be 
furnished to 
the licensing 
authorities. 



Town meet- 
in g.s in the 
town of 
Peabody. 



Duties of 
finance com- 
mittee in cer 
tuin caseu. 



Acts, 1911. — Chap. 78. 57 

ing such town meeting, transmit to the finance committee 
a copy of said article or articles, and the finance committee 
shall thereupon meet and, on the organization of such town 
meeting, make report thereon to the town. 

Section 3. Whenever any question is brought before vote to be 
the town meeting involving the raising, paying or appro- baUot etc. 
priating of money, the disposal of any property of the town 
or any interest therein, or in any way creating a town debt 
or expenditure, the vote upon such question shall be taken 
by ballot, if, before the main question is put to vote, ten 
legal voters shall so request; the ballot to be prepared and 
voting booths used as in the Australian ballot system. 

SectIon 4. The recommendation of the finance or other Recommen- 
committee upon any such question shall be divided into divided, etc.^ 
separate propositions whenever it seems to the committee 
desirable so to do, and the town may still further divide the 
propositions submitted by the committee. These propo- 
sitions in such form as the town may decide, shall be placed 
upon the ballot. One alternative proposition under each 
division of the subject, shall, if the town so votes, be placed 
along with that submitted by the committee. 

Section 5. The ballot as presented to the voter shall ban"t"^ 
have provided a place for voting Yes or No against each 
appropriation or procedure under each division of the sub- 
ject. 

The order of printing upon the ballot shall be : — 

1. The proposition of the committee. 

2. Any alternative proposition which the town has directed 
to be made. 

3. A provision to negative any procedure, payment or 
appropriation. 

Section 6. The preparation and printing of the ballot Preparation 
shall be under the direction of the town clerk. No propo- 
sition shall become effective except by a majority vote. 

Section 7. When all the articles in the warrant have Adjournment 
been considered, an adjournment shall be made of at least " ™^^ '°^* 
three days, and at the adjourned meeting the first business 
shall be to ballot upon the articles that require the ballot. 
If any item of ordinary expenditure fails to be provided for 
by this ballot, the matter shall still be before the town for 
further consideration, and in an amended form may, on 
demand of ten legal voters, again be submitted to vote by 
ballot. In this case as before, adjournment shall be had 
for at least three days. 



58 



Acts, 1911. — Chap. 79. 



Time in 
which polls 
shall be kept 
open. 



Number of 

voters 
required to 
be present. 



Certain vote 
to be taken 
by a Yes and 
^fo ballot. 



Proviso. 



Reconsidera- 
tion of vote. 



Section 8. At the meeting designated for taking the 
ballot the polls shall be kept open for such time as the town 
may direct, but not less than four hours, two hours of which 
shall be before sundown. 

Section 9. No vote shall be passed appropriating or 
involving the expenditure of money at any town meeting 
other than the annual meeting, unless there shall be at least 
one hundred legal voters present and voting in favor of 
such appropriation or expenditure. 

Section 10. Whenever any question is brought before 
the town meeting involving the raising, paying or appropriat- 
ing of money, the disposal of any property of the town, or 
any interest therein, or in any way creating a town debt or 
expenditure the vote upon such question shall be taken at 
said meeting by a printed Yes or No ballot, the check list 
being used, if three or more legal voters so request: ^provided, 
however, that this method of voting shall not be employed 
if ten or more legal voters request that the proposition be 
placed upon the ballot as provided in sections two to eight, 
inclusive, of this act. 

Section U. No vote relative to the raising, paying or 
appropriating of money shall be reconsidered in town 
meeting by any less number of votes than were present at 
the former consideration of the same. And in order to 
ascertain the number rightly, the moderator shall, when 
any money matter is first considered and voted upon in 
town meeting, count the number of votes, and the town clerk 
shall make a proper minute or memorandum thereof, and, 
as soon as can conveniently be done, shall enter the same in 
the town books for reference as occasion may require. 

Section 12. This act shall take effect upon its passage. 

Approved March 1, 1011. 



Chap. 79 An Act to incorporate the trustees of the heard 

FUND of the IPSWICH PUBLIC LIBRARY. 



Tru.stees of 
the Heard 
Fund of the 
Ipswich Pub- 
lic Library 
incorporated. 



Be it enacted, etc., a^ follows: 

Section 1. Joseph F. "Ross, Thomas II. Lord and John 
Heard, trustees under the will of Augustine Heard, deceased, 
and holding property, real and personal, under said will, 
for the purpose of maintaining a free public library in the 
town of Ipswich, and their succt^ssors in said trust, are hereby 
made a corporation under the name of Trustees of the Heard 



Acts, 1911. — Chap. 80. 59 

Fund of the Ipswich Public Library, with all the powers and 
privileges and subject to all the duties, restrictions and 
liabilities set forth in all general laws now or hereafter in 
force applicable to such corporations. 

i Section 2. The said corporation may hold real and per- May hold 
sonal property for the purpose aforesaid to the amount of lona^prop^^" 
one hundred thousand dollars. All gifts, devises, bequests erty.etc 
and grants to said corporation shall be devoted to the said 
purpose, and used In conformity with and held upon the 
terms upon which such gifts, devises, bequests or grants 
have been or may hereafter be made: provided, that the Proviso, 
terms are not Inconsistent with the provisions of this act. 
Section 3. This act shall take effect upon Its passage. 

Approved March 1, 1911. 



An Act to incorporate the trustees of the treadwell (JJiap. 80 

FUND OF THE IPSWICH PUBLIC LIBRARY. 

Be it enacted, etc., as folloivs: 

Section 1. Joseph F. Ross, Thomas H. Lord, John Trustees of 
Heard and the pastor of the First Congregational church Fimdof th7 
of Ipswich and the principal of the high school in Ipswich, ,Vc ubr^aS''' 
the last two, ex officio, trustees under the will of Daniel incorporated. 
Treadwell, deceased, and holding property, real and per- 
sonal, under said will, for the purpose of maintaining a 
free public library In the town of Ipswich, and their successors 
in said trust, are hereby made a corporation under the name 
of Trustees of the Treadwell Fund of the Ipswich Public 
Library, with all the powers and privileges and subject to 
all the duties, restrictions and liabilities set forth in all 
general laws now or hereafter In force applicable to such 
corporations. 

Section 2. The said corporation may hold real and per- May hold 
sonal property for the purpose aforesaid to the amount of sonafprop^' 
one hundred thousand dollars. All gifts, devises, bequests ^''ty'^tc 
and grants to the corporation shall be devoted to the said . 
purpose, and used in conformity with and held upon the 
terms upon which such gifts, devises, bequests or grants 
have been or may hereafter be made: provided, that the Proviso, 
terms are not Inconsistent with the provisions of this act. 

Section 3. This act shall take effect upon Its passage. 

Approved March 1, 1911. 



60 



Acts, 1911. — Chaps. 81, 82. 



Chap. 81 An Act relative to certified public accountants. 



1909, 399, 
§ 2. 
amended. 



Examination 
of applicants. 



Be it enacted, etc., as follows: 

Section two of chapter three hundred and ninety-nine of 
the acts of the year nineteen hundred and nine is hereby 
amended by striking out the words "for each certificate", 
in the sixth and seventh Hues, so as to read as follows: — 
Section 2. The said commissioner shall examine any citizen 
of the United States resident in the commonwealth and not 
less than twenty-one years of age, who may apply for such 
a certificate, shall investigate his character and fitness and 
shall require the payment of such a reasonable and fixed 
fee, not exceeding twenty-five dollars, as may be necessary 
in his opinion to carry out the provisions of this act. 

Approved March 1, 1911. 



Investigation 
of commis- 
sions, depart- 
ments, etc. 



Chaj). 82 An Act to authorize the governor to obtain certain 

information. 

Be it enacted, etc., as follows: 

Section 1. The governor is hereby authorized to employ 
such persons as he may deem proper to make such investi- 
gation of any of the commissions, departments or institu- 
tions of the commonwealth as he believes is necessary to 
enable him to carry out the provisions of chapter two hun- 
dred and twenty of the acts of the year nineteen hundred 
and ten. Such persons shall report in writing to the governor, 
and copies of every report shall, at the same time, be sent by 
said persons to the governor's council and to the joint com- 
mittee on ways and means of the general court. For this 
purpose the governor may expend such sums out of the 
amount authorized by chapter five hundred and forty-nine 
of the acts of the year nineteen hundred and eight as may 
be approved by the governor and council. 

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

Approved March 2, 1911. 



Report. 



Expendi- 
tures. 



Acts, 1911. — Chap. 83. 61 



An Act to authorize the granting of licenses for the (Jhap. 83 

SALE OF intoxicating LIQUORS OF THE SAME CLASS AS 
those which expire by OPERATION OF LAW OR ARE SUR- 
RENDERED AND CANCELLED, IN PLACES OTHER THAN WHERE 
SAID LICENSES WERE ORIGINALLY GRANTED. 

Be it enacted, etc., as follows: 

Section 1 . Section twenty of chapter one hundred of '^■^- 1^^' 
the Revised Laws, as amended by chapter one hundred amended.' 
and seventy-one of the acts of the year nineteen hundred 
and two, and by chapter two hundred and six of the acts 
of the year nineteen hundred and five, is hereby further 
amended by striking out the words "and not transferred", 
in the fourth Hne, and by striking out the words "for the 
same place", in the twelfth line, so as to read as follows: 
— Section 20. If a licensee dies before the expiration of ^ly be*'^°^^ 
the term of his license, or if a license has been surrendered 'ssued in 
and cancelled, the board or authority issuing the license 
may issue another such license of the same class, and the two 
licenses shall count as one license ; and said board or authority 
shall require as a license fee for such second license a part 
of the license fee required therefor for the whole year pro- 
portionate to the unexpired term of the license. Said board HcYnse^fee 
or authority may in its discretion, in cases where two licenses f^^^l ""l^^ 
of the same class have been issued in the same year, give 
a certificate to the party to whom the first license v»'as issued, 
or, in case of his death, to his administrator or executor, stating 
that a part of the fee paid therefor proportionate to the unex- 
pired term of the license is to be refunded to such party, or 
to such administrator or executor, by the treasurer of the city 
or town from the fees thereafter received by said treasurer 
for licenses to sell intoxicating liquors. Said treasm-er shall 
comply with the requirements of such certificate, and shall 
retain one quarter of the amount so paid from any money 
thereafter due from him or the city to the commonwealth 
on account of licenses to sell intoxicating liquors. If a 
licensee dies before the expiration of the term of his license, 
the city or town by which it was granted may refund to his 
executor or administrator a part of the license fee propor- 
tionate to the unexpired term of the license, and the pro- 
portionate part of the percentage which has been paid to 
the commonwealth shall be refunded to the city or town. 



62 



Acts, 1911. — Chaps. 81, 85, 86. 



Section 2. This act shall take effect upon its passage 
and shall apply to licenses granted in the year nineteen 
hundred and eleven as well as to all licenses granted there- 
after. Approved March 2, 1911. 



Chap. 84 An Act relative to the punishment of robbery. 

Be it enacted, etc., as follows: 

Section seventeen of chapter two hundred and seven of 
the Revised Laws is hereby amended by adding at the end 
thereof the words : — or for any term of years, — so as to 
read as follows: — Section 17. Whoever, being armed with 
a dangerous weapon, assaults another and robs, steals and 
takes from his person money or other property which may 
be the subject of larceny, with intent if resisted to kill or 
maim the person robbed, or, being so armed, wounds or 
strikes the person robbed, shall be punished by imprison- 
ment in the state prison for life or for any term of years. 

Approved March 2, 1911. 



R. L. 207, 
§ 17, 
amended. 



Punishment 
of robl)ery 
in certain 
cases. 



R. T>. 152 
§ 39, 
amended. 



Penalty for 
advertising 
for divorce 
business. 



Chap. 85 An Act to prohibit advertising for divorce business. 
Be it enacted, etc., as follows: 

Section 1. Section thirty-nine of chapter one hundred 
and fifty-two of the Revised Laws is hereby amended by 
striking out the words "not being duly admitted as an 
attorney-at-law in this commonwealth", in the first and 
second lines, so as to read as follows : — Section 39. Who- 
ever writes, prints or publishes, or solicits another to write, 
print or publish, any notice, circular or advertisement solic- 
iting employment in the business of procuring divorces or 
offering inducements for the purpose of procuring such em- 
ployment shall be punished as provided in the prec ding 
section. 

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

Approved March 2, 1911. 

Chap. 86 An Act to authorize the town of stoughton to con- 
struct A SYSTEM OF SEWERAGE. 

Be it enacted, etc., as follows: 

Section I. The town of Stoughton is hereby authorized 
to lay out, construct, maintain and oj)erate a system or 
systems of main drains antl common sewers for a part or 



The town of 
Stoughton 
may con- 
struct a 
system of 



Acts, 1911. — CiiAr. 86. 63 

tlie whole of its territory, with such connections and other sewerage, 
works as may be required for a system of sewage disposal; *^'''' 
and, for the purpose of providing better surface or other 
drainage, guarding against pollution of waters, and other- 
wise protecting the public health, may lay, make and main- 
tain such main drains as it deems best. For the purposes 
aforesaid the town may within its limits deepen, widen and 
clear of obstruction any brook, stream or water course, and 
may straighten or alter the channels or divert the waters 
thereof, and may lay, make and maintain subdrains, and, 
with the approval of the state board of health, discharge 
the water into any brook, stream or water course within the 
town. 

Section 2. The town shall elect a board of three com- Sewer com- 
missioners, to be called sewer commissioners, who shall be eiection!"^^' 
citizens and residents of the town, and shall be elected by terms, etc. 
ballot at a special meeting or at an annual meeting of the 
town, one commissioner to hold office for one year, one for 
two years and one for three years, respectively, from the 
date of the annual town meeting at which he is elected or 
which follows the special meeting at which he is elected, 
and until his successor is chosen and qualified; and at each 
annual town meeting thereafter the town shall elect one 
member of the board to serve for three years or until his 
successor is elected and qualified. If a vacancy occurs in 
the board the town may at a meeting called for the purpose 
elect a person, qualified as aforesaid, to fill the vacancy. 

Section 3. The said board of sewer commissioners, act- May acquire 
ing in behalf of the town, shall have power to take, or acquire o'f"wky,'^e'tc! 
by purchase or otherwise, any lands in fee and any water 
rights, rights of way and easements in said town, public or 
private, necessary for any of the purposes mentioned in this 
act, and may construct within the town such main drains 
and sewers under or over any water course, bridge, aque- 
duct, conduit, railroad, railway or way, or within the loca- 
tion of any railroad or railway, and may enter upon and dig 
up and excavate any private land, street or way, or railroad 
or railway location, for the purpose of laying such main 
drains and sewers, and maintaining and repairing the same, 
and may do any other thing necessary or proper for the pur- 
poses of this act: provided, however, that said board shall Proviso, 
not take in fee any land of a railroad corporation, and that 
they shall not enter upon or construct any drains or sewers 
within the location of any railroad corporation, except at 



64 



Acts, 1911. — Chap. 86. 



Description 
of land, etc., 
taken to be 
recorded. 



Damages. 



Town may 
offer a spe- 
cified S\1IU 
for damages, 
etc. 



Apportion- 
ment of cost. 



Proviso. 



such time and in such manner as they may agree upon with 
such corporation, or, in case of failure to agree, as may be 
approved by the board of railroad commissioners. 

Section 4. Said board of sewer commissioners in order 
to take any lands in fee, water rights, rights of way or ease- 
ments, shall cause to be recorded in the registry of deeds 
for the county of Norfolk a statement signed by a majority 
of the board, containing a description thereof as certain as 
is required in a conveyance of land, and specifying that the 
same are taken under authority of this act; and upon such 
recording the title to the land, water rights, rights of way 
or easements described in such statement shall vest in the 
town of Stoughton, which shall pay all damages therefor 
and all other damages sustained by any person or corpora- 
tion through any action of said board under this act. Said 
board at the time of such taking shall notify the owners 
thereof in writing, and may agree with any person or corpora- 
tion injured hereunder upon the damages sustained by such 
person or corporation; and if the damages are not agreed 
upon, a jury in the superior court for said county may be 
had to determine the same, upon petition of either party, 
in the manner provided by law for determining the damages 
for land taken for the laying out of highways; but in the case 
of a taking no suit or petition shall be brought after the 
expiration of two years from the date of the recording of 
the taking as herein provided; and in all other cases no 
suit or petition shall be brought after the expiration of two 
years from the time when the cause of action accrues. 

Section 5. In every case of a petition for the assess- 
ment of damages or for a jury the town may at any time 
file in the office of the clerk of the court an offer in writing 
to pay the petitioner a sum therein specified as damages; 
and if the petitioner does not accept the same within thirty 
days after notice of such offer, and does not finally recover 
a sura greater than that offered, not including interest from 
the date of the offer on the sum so recovered, the town shall 
recover costs from the date of such notice, and the petitioner 
shall be entitled to costs only to such date. 

Section 0. The town of Stoughton shall by vote deter- 
mine what proportion of the cost of said system or systems 
of sewerage and sewage disposal the town shall pay: pro- 
vided, that it shall ])ay not less than one third nor more 
than one half of the whole cost. In providing for the pay- 
ment of the remaining portion of the cost of said system 



Acts, 1911. — Chap. 86. 65 

or systems the town may avail itself of any or all of the 
methods permitted by general laws, and at the same meet- 
ing at which it determines the proportion of the cost which 
is to be borne by the town, it may by its vote determine 
by which of the methods permitted by general laws the 
remaining portion of said cost shall be provided for. In 
case it determines that such remaining portion of said cost 
is to be provided for, wholly or in part, by assessment upon 
the owners of estates situated within the territory embraced 
by said system or systems and benefited thereby, then the 
owners of such estates shall be assessed by said board of 
sewer commissioners their proportional parts, respectively, 
of such portion of said cost as said town shall have deter- 
mined is to be provided for by assessment, but no estate 
shall be deemed to be benefited until a sewer is constructed 
into which it can be drained. For the purpose of fixing vaiueof 
the amount of such assessments the said board shall deter- determined^ 
mine the value of the special benefit to each of said estates, 
respectively, from the said system or systems of sewers, tak- 
ing into account all the circumstances of the case; and the 
proportionate part to be paid by the owners of said estates, 
respectively, shall be based upon the amount of the special 
benefit to each estate, determined as aforesaid; and every 
such owner shall, within three months after written notice 
of such assessment, served on hiin or on the occupant of 
his estate, or sent by mail to the last address of such owner 
known to said board of sewer commissioners, pay the sum 
so assessed to the collector of taxes of said town; provided, Provisos. 
that said board shall, on the written request of any such 
owner made within the said three months, apportion such 
assessment into ten equal parts or assessments; and said 
board shall certify such apportionment to the assessors of 
the town, and one of said parts or installments, with interest 
from the date of the apportionment at six per cent per 
annum, shall be added by the assessors to the annual tax 
on such estate for each year next ensuing, until all of said 
parts have so been added, unless sooner paid as hereinafter 
provided, and yrovided, further, that nothing herein con- 
tained shall be construed to prevent the payment at any 
time in one payment, notwithstanding its prior apportion- 
ment, of any balance of said assessments then remaining 
unpaid, but interest on such balance at the rate of six per 
cent per annum shall be paid to the date of such payment, 
and thereupon the collector of taxes of said town shall 



66 



Acts, 1911. — Chap. 86. 



Assessments 
to constitute 
a lien upon 
estates, etc. 



Person ag- 
grieved may 
apply for a 
jury, etc. 



Stoughton 
Sewerage 
Loan, Act 
of 1911. 



receive the same and shall certify such payment or pay- 
ments to the assessors who shall preserve a record thereof. 
In ease of corner lots and lots abutting on more than one 
sewered street the same area shall not be assessed more 
than once. 

Section 7. An assessment made under the provisions 
of section six shall constitute a lien upon the estate, which 
shall continue for three years after it is made and notice 
served as above provided, or in case of apportionment, until 
the expiration of two years from the time when the last 
installment is committed to the collector of taxes; and said 
assessment, if not paid within three months after service 
of said notice, or, if apportioned, within three months after 
any part has become due, may, together with interest thereon 
at the rate of six per cent per annum, with incidental costs 
and expenses, be levied by the collector by sale of such 
estate, or so much thereof as shall be sufficient to discharge 
the assessment and interest and intervening charges. Such 
sale and all proceedings connected therewith shall be con- 
ducted in the same manner as sales for the non-payment 
of taxes; and real estate so sold may be redeemed the same 
as if sold for the non-payment of taxes, and in the same 
manner. Such assessments or parts thereof may also be 
collected by an action of contract in the name of the town 
of Stoughton against the owner of the estate, brouglit at 
any time within three years after the same have become 
due. 

Section 8. Any person aggrieved by such assessment 
may at any time within three months after service of the 
notice mentioned in section six of this act apply to the 
superior court of said county for a jury to revise the same, 
but before making such api)lication he shall give fourteen 
days' notice in writing of his intention so to do to the said 
board of sewer commissioners, and shall therein particularly 
specify his objection to the assessment, to which specifica- 
tion he shall be confined before the jury. 

Section 9. The town of Stoughton, for the purpose of 
paying the necessary expenses and liabilities incurred under 
this act, may incur indebtedness to an amoimt not exceed- 
ing one hundred thousand dollars, and may is.sue from time 
to time therefor bonds or notes; and the debt and loans 
authorized by this act and the bonds or notes issued there- 
for shall not be reckoned in determining the statutory limit 
of indebtedness of the town. Such bonds or notes shall 



Acts, 1911. — Chap. 86. 67 

bear on their face the words, Stoughtoii Sewerage Loan, 
Act of 1911, shall be payable within periods not exceeding 
forty years from the dates of issne, and shall bear interest 
pa}'able 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, but they shall not 
be sold for less than their par value. The proceeds thereof 
shall be retained in the treasury and the treasurer shall, 
upon the order of said board of sewer commissioners, pay 
therefrom the expenses incurred for the purposes afore- 
said. 

Section 10. The town shall at the time of authorizing Pajonentof 
the 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, less the amount that • 
may be appropriated therefor as provided in the following 
section, shall without further vote be assessed by the assess- 
ors of the town in each year thereafter, in the same manner 
in which other taxes are assessed, until the debt incurred 
by the town is extinguished. 

Section 11. The receipts from sewer assessments and ^*'^rTt1n* "x- 
from payments made in lieu thereof, and the premiums, penses, etc. 
if any, received from the sale of bonds or notes issued under 
authority of this act, shall be applied by said board to the 
payment of charges and expenses incident to the mainte- 
nance and operation of said system of sewerage, or to the 
extension thereof, except that the town may apply any part 
of such receipts to the payment of the interest upon bonds 
or notes issued under authority of this act and not otherwise 
provided for, or to the payment or redemption of such bonds 
or notes, as the town shall by vote determine, and the said 
receipts shall be used for no other purpose. If such receipts 
shall not in any year be sufficient for the purposes afore- 
said the town shall raise forthwith by taxation, in the same 
manner in which money is raised and appropriated for other 
town purposes, the balance required therefor. 

Section 12. Said board of sewer commissioners shall cierkand 

. , . supenn- 

annually appoint a clerk, and may appomt a supermtendent tendent. 
of sewers, and may remove said clerk or superintendent at 
its pleasure. The compensation of said board shall be fixed 
by the town. 



68 

Contracts. 



Commis- 
sioners may 
make rules 
and regula- 
tions. 



Plans to be 
approved by 
the state 
board of 
health, etc. 



Town may 
commence 
construction. 



Time of 
taking effect. 



Acts, 1911. — Chap. 86. 

Section 13. All contracts made by said board shall be 
made in the name of the town and shall be signed by said 
board, but no contract shall be made or obligation incurred 
by said board for any purpose in excess of the amount of 
money appropriated by the town therefor. 

Section 14. Said board may from time to time prescribe 
rules and regulations for the connecting of estates and build- 
ings with main drains and sewers, and for the inspection 
of the materials, the construction, alteration and use of all 
connections and drains entering into such main drains or 
sewers, and may impose penalties not exceeding twenty 
dollars for each violation of any such rule or regulation. 
Such rules and regulations shall be published not less than 
once a week for three successive weeks in some newspaper 
published in the town of Stoughton, if there be any, and 
if not then in some newspaper published in the county of 
Norfolk, and shall not take effect until such publication 
has been made. 

Section 15. No act shall be done under authority of 
the preceding sections until the plans for said system of 
sewerage have been approved by the state board of health. 
Upon application to the state board of health for such 
approval it shall give a hearing, after due notice to the 
public. At such hearing plans, showing in detail all the 
work to be done in constructing said system of sewerage, 
shall be submitted for the approval of the state board of 
health. 

Section 16. Until said board of sewer commissioners 
shall have been elected as i)rovided in this act, the town 
may carry on the construction of its system of sewerage by 
a duly authorized committee of the town, but for a period 
not longer than until the annual meeting next but one after 
the commencement of said work of construction. Said com- 
mittee shall serve without pay, and shall have all the powers 
and authority given to said board of sewer commissioners 
in this act or by the general laws relating to boards of sewer 
commissioners. 

Section 17. This act shall take effect upon its passage, 
but no expenditure shall be made and no liability incurred 
hereunder until this act has been accepted by vote of a 
majority of the voters of said town voting thereon at a legal 
meeting called for the purpose. 

Approved March 2, 1011. 



Acts, 1911. — Chaps. 87, SS, 89. G9 

An Act relative to the filling of vacancies in trust Qj^u) 87 

companies. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter one hiniflred and Ri-iie, §8, 

• i»i-r>'iT*ii 1 • amended. 

Sixteen of the Revised Laws is hereby amended by adding 
at the end thereof the following: — The board of directors 
may fill, until the next annual meeting, any interim vacan- 
cies in office that may occur,- — so as to read as follows: 

— Section 8. The officers of such corporation, except the officers of 
treasurer and actuary, shall be chosen at its annual meeting, pantes^how 
The treasurer and actuary shall be appointed by the directors, chosen. 
shall hold their respective offices during the pleasure of the 

board of directors and shall give bond to the satisfaction 
of said board for the faithful performance of their duties. 
The board of directors may fill, until the next annual meet- 
ing, any interim vacancies in office that may occur. 

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

Approved March 2, 1911. 

An Act relative to storage of intoxicating liquors. Q^ki^ gg 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and i^os, 284, 
eighty-four of the acts of the year nineteen hundred and amended. 
five is hereby amended by striking out the words "fourth 
or fifth class", in the second line, and by inserting the word: 

— first, — before the word "approved", in the last line, — 

so as to read as Mlows:— Section 1. It shall be lawful ^^f,^*'',;"^^^'"' 
for persons holding licenses for the sale of intoxicating liquor store intoxi- 
to store liquor in a public or private warehouse or on other 
premises not covered by such license: provided, that no Proviso, 
liquor shall be delivered to a purchaser from such premises, 
and that the use of such premises for that purpose shall 
be first approved by the officer or board granting the license. 
Section 2. This act shall take effect upon its passage. 

Approved March 2, 1911. 

An Act rel.\tive to the time of making omitted assess- (JJiap. 89 

MENTS OF TAXES. 

Be it enacted, etc., as follows: 

Section eighty-five of Part I of chapter four hundred and g^gT'parti 
ninety of the acts of the year nineteen hundred and nine amended. 



70 



Acts, 1911. — Chap. 90. 



is hereby amended by striking out the word "fifteenth", in 
the fifth Une, and inserting in place thereof the word : — 
tenth, — and by inserting after the word "days", in the 



Assessment 
of estates 
omitted from 
annual as- 
sessment. 



fifth fine, the words: 
follows : — Section 85. 
person, to an amount 
and liable to taxation, 
assessment of taxes 



m 



B. L. 32, i 73, 
etc., amended. 



both inclusive, — so as to read as 
If the real or personal estate of a 
not less than one hundred dollars 
has been omitted from the annual 
a city or town, the assessors shall 
between the tenth and twentieth days, both inclusive, of 
December next ensuing assess such person for such estate. 
The taxes so assessed shall be entered on the tax list of the 
collector who shall collect and pay over the same. Such 
additional assessment shall not render the tax of such city 
or town invalid although its amount, in consequence thereof, 
shall exceed the amount authorized by law to be raised. 

Ayyroved March 2, 1911. 



Chap. 90 An Act relative to the manner of distributing the 

firemen's relief fund. 

Be it enacted, etc., as follows: 

Section 1 . Section seventy-three of chapter thirty-two of 
the Revised Laws, as amended by chapter two hundred and 
fifty-three of the acts of the year nineteen hundred and three, 
is hereby further amended by inserting after the word " same", 
in the fifth line, the following : — or while engaged in com- 
pany drills, when such drills are ordered by the chief, acting 
chief or board of engineers of the fire department, or required 
by city or town ordinance or by-law, — so as to read as 
follows: — Section 73. Such fund shall be used for the relief 
of firemen, whether members of said association or not, 
who may be injured in the performance of their duty at a 
fire or in going to or returning from the same, or while 
engaged in company drills, when such drills are ordered by 
the chief, acting chief or board of engineers of the fire dci)art- 
ment, or required by city or town ordinance or by-law, 
and for the relief of the widows and children of firemen 
killed in the performance of such duty, in the manner and 
to the amount determined by a board of five persons, of 
whom three, not members of said association, shall be 
ai)p()inted by the governor in July of the year nineteen 
hundred and three, to serve, one for three years, one for 
two years and one for one year; and one shall be appointed 
in July of each year thereafter to serve for the full term of 



Firemen's 
relief fund, 
distribution, 
etc. 



Acts, 1911. — Chap. 91. 71 

three years, and two shall be appointed by said association 
in such manner as it may from time to time determine. 
Section 2. This act shall take effect upon its passage. 

Approved March 2, 1011. 

An Act to establish a board of water commissioners (JJian 91 

IN THE TOWN OF SAUGUS AND TO AUTHORIZE SAID TOWN 
TO EXTEND ITS WATER SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. The election heretofore made of water com- Election of 
missioners by the town of Saugus is hereby ratified and mfssk)ners 
confirmed and the doings of the water commissioners so '■^''fi*'"^' ^t^- 
elected are hereby confirmed with the same effect as if the 
election of such commissioners had been authorized by law. 
The water commissioners now in office in the said town 
shall continue to hold office until the expiration of their 
terms, and shall perform the duties and have the powers 
of water commissioners as prescribed by general law and 
by this act. At the next annual town meeting in the said 
town a water commissioner to serve for the term of three 
years shall be elected to fill the vacancy which will occur at 
that time, and thereafter at every annual town meeting one 
such commissioner shall be elected by ballot for the term 
of three years. No person shall be elected as such commis- 
sioner who holds any other elective town office. Except as 
may otherwise be provided by law the authority of the town 
in respect to its water system and the distribution of water 
in the said town shall be vested in the board of water com- 
missioners who shall be subject, however, to such instruc- 
tions and regulations as the town may establish by vote. 
Any vacancy occurring in the said board from any cause 
may be filled for the unexpired term at any legal town meet- 
ing held for the purpose. 

Section 2. Said town is hereby authorized to extend and suuguf 
improve its water supply system and to expend therefor a Sof'Jgii' 
sum not exceeding fifty thousand dollars, and for that pur- 
pose may issue from time to time bonds, notes or scrip to 
an amount not exceeding fifty thousand dollars. Such bonds, 
notes or scrip shall bear on their face the words, Town of 
Saugus Water Loan, Act of 1911; shall be payable at the 
expiration of periods not exceeding thirty years from the 
dates of issue, or earlier at the option of the town; shall 
bear interest payable semi-annually at a rate not exceeding 



72 



Acts, 1911. — Chap. 92. 



Paj'raent of 
loan. 



Commis- 
sioners to 
fix rates, etc. 



Time of 
taking effect. 



five per cent per annum; and shall be signed by the treas- 
urer of the town and countersigned by the water commis- 
sioners. The town may sell the said securities at public 
or private sale upon such terms and conditions as it may 
deem proper, but they shall not be sold for less than their 
par value. 

Section 3. The town shall at the time of authorizing 
the said loan provide for the payment thereof in such annual 
proportionate payments as will extinguish the same within 
the time prescribed in this act; and when a vote to that 
effect has been passed, the amount required thereby shall 
without further vote be assessed by the assessors of the 
town in each year thereafter, in the same manner in which 
other taxes are assessed, until the debt incurred by said 
loan is extinguished. 

Section 4. The w^ater commissioners shall fix just and 
equitable prices and rates for the use of the water and shall 
prescribe the time and manner of payment. The income 
so derived shall be applied to defraying all operating expenses, 
interest charges and payments on the principal as they 
accrue upon any bonds, notes or scrip issued under author- 
ity of this act. Said commissioners shall annually render 
a report of the works under their charge and an account of 
their doings, including an account of receipts and expenditures. 

Section 5. This act shall take effect upon its accept- 
ance by a majority of the legal voters of the town of Saugus 
present and voting thereon at an annual meeting or at a 
legal meeting called for the purpose within one year after 
its passage; and for the purpose of being submitted to the 
voters as aforesaid, this act shall take effect upon its passage. 

Approved March 2, 1911. 



Cliap. 92 An Act to authorize the city of boston to pay a sum 

OF money to the widow of CHARLES DUFFY. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized to 
pay to Catharine Duffy a sum not exceeding three hundred 
and fifty dollars on account of the death of her husband, 
Charles I)uff\', who died from injuries recei^•ed while in the 
performance of his duties as an eini)l()\ee of said city, Decem- 
ber seventeenth, nineteen hundred and eight. 

Section 2. This act shall take effect u])on its passage. 

Approved March 2, 1911. 



The city of 
lioston may 
pay a sum 
of money to 
Catharine 
Duffy. 



Acts, 1911. — Chaps. 93, 94. fB 



An Act to authorize the trustees of the thomas crane (JjKm^ 93 

PUBLIC LIBRARY OF QUINCY TO HOLD PROPERTY TO THE 
AMOUNT OF TWO HUNDRED THOUSAND DOLLARS. 

Be it enacted, etc., as follows: 
The Trustees of the Thomas Crane PubUc Library of 'r'^fj';"?**^''^ 

r\ • 1 • 1 1 Till "^ ot the '1 homas 

Qiiincy are hereby authorized to take and hold real and Crane Public 
personal estate to an amount not exceeding two hundred Quincymay 
thousand dollars, which may be given, granted, conveyed, pel-sJnai '^"'^ 
bequeathed or devised to it and accepted by the trustees ^^^^^^- etc 
for the benefit of the public library of the city of Quincy 
or for any purpose connected therewith: provided, that both Proviso. 
the principal and income thereof shall be appropriated in 
accordance with the terms of the gift, devise or bequest, 
under the direction of said corporation. 

Aiyproved March 2, 1911. 

An Act relative to the payment of bonds issued by Chap. 94 

THE CITY OF TAUNTON FOR AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and forty 1909,240, 
of the acts of the year nineteen hundred and nine is hereby 
amended by striking out the words "first issue of any", 
in the fourth line, and inserting in place thereof the words: 

— date of each respective issue, — so as to read as follows : 

— Section 2. Said city shall at the time of authorizing ^^J'^ie'it of 
said loan provide for the payment thereof in such annual 
proportionate payments, beginning not more than five years 
after the date of each respective 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, 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 the same 
manner in which other taxes are assessed, under the provi- 
sions of section thirty-seven of chapter twelve of the Revised 
Laws, until the debt incurred by said loan is extinguished. 

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

Approved March 2, 1911. 



amended. 



water loan. 



74 



Acts, 1911. — Chap. 95. 



The town of 
Plymouth 
may acquire 
shares of the 
capital stock, 
etc., of the 
Plymouth and 
Sandwich 
Street Rail- 
way Com- 
pany, etc. 

Provisos. 



Chap. 95 An Act to authorize the town of Plymouth to purchase 

SHARES OF THE CAPITAL STOCK, BONDS AND NOTES OF CER- 
TAIN RAILWAYS AND RAILROADS. 

Be it enacted, etc., as follows: 

Section 1. The town of Plymouth is hereby authorized 
to subscribe for, purchase, and hold shares of the capital 
stock, bonds and notes of the Plymouth and Sandwich 
Street Railway Company, or of any railway or railroad or 
electric railroad company authorized to construct a railway 
or railroad between Plymouth and Sandwich, to an amount 
not exceeding in the aggregate fifty thousand dollars: yro- 
vided, that such subscription or purchase is authorized by a 
two thirds vote of the voters present and voting thereon at 
any legal town meeting called for the purpose within five 
years after the passage of this act; and provided, further, 
that no such subscription or purchase shall be made until 
the board of railroad commissioners shall have been satisfied 
that reasonably sufficient financial arrangements have been 
made to permit the completion of said railway, railroad, or 
electric railroad from Plymouth to Sandwich. 

Section 2. The town of Plymouth for the purpose of 
raising money to be expended for the purposes aforesaid, 
may issue from time to time bonds, notes or scrip to an 
amount not exceeding in the aggregate fifty thousand 
dollars. Such bonds, notes or scrip shall bear on their face 
the words, Town of Plymouth Railroad Loan, Act of 1911, 
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 a majority of the board of 
selectmen. The town may sell such seciu-ities at jniblic or 
private sale or pledge the same for money borrowed for the 
purposes of this act upon such terms and coiulitions as it 
may deem proper, provided that the securities shall not be 
sold for less than their par value. 

Sec'I'ion 3. The town of Plymouth shall at the time of 
authorizing said loan provide for the payment thereof in 
such annual payments, as nearly equal in amount as prac- 
ticable, as will extinguish the same within the time pre- 
scribed by this act, and when a vote to that ell'ect has been 
passed a sum which, with the income derivetl from the said 



May issue 
bonds, notes, 
etc. 



Pajinent of 
loan. 



Acts, 1911. — Chap. 96. 75 



^> 



railway or railroad securities, will be sufficient to pay the 
interest as it accrues on the said bonds, notes or scrip, and 
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 town in each year thereafter 
in a manner similar to that in which other taxes are assessed, 
until the debt incurred by said loan is extinguished. 
Section 4. This act shall take effect upon its passage. 

Approved March 2, 1911. 

An Act to authorize the town of sandwich to pur- (^^^^ 9(5 
chase shares of the capital stock, bonds and notes 
of certain railways and railroads. 

Be it enacted, etc., as follows: 

Section 1. The town of Sandwich Is hereby authorized '^n]^^"^"^ 
to subscribe for, purchase, and hold shares of the capital may acquire 
stock, bonds and notes of the Plymouth and Sandwich capital stock, 
Street Railway Company, or of any railway or railroad or pi'ymounfand 
electric railroad company authorized to construct a railway |f "eet'^RaV 
or railroad between Plymouth and Sandwich, to an amount '^^ay Com- 
not exceeding in the aggregate fifteen thousand dollars: 
provided, that such subscription or purchase is authorized pj^^^'sos. 
by a two thirds vote of the voters present and voting thereon 
at any legal town meeting called for the purpose within five 
years after the passage of this act; and provided, further, 
that no such subscription or purchase shall be made until 
the board of railroad commissioners shall have been satisfied 
that reasonably sufficient financial arrangements have been 
made to permit the completion of said railway, railroad, or 
electric railroad from Plymouth to Sandwich. 

Section 2. The town of Sandwich, for the purpose of i^nds^^^notes, 
raising money to be expended for the purposes aforesaid, "'''• 
may issue from time to time bonds, notes or scrip to an 
amount not exceeding in the aggregate fifteen thousand 
dollars. Such bonds, notes or scrip shall bear on their face 
the words. Town of Sandwich Railroad Loan, Act of 1911, 
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 a majority of the board of selectmen. 
The town may sell such securities at public or private sale, 
or pledge the same for money borrowed for the purposes of 



76 



Acts, 1911. — Chap. 97. 



Payment of 
loan. 



this act, upon such terms and conditions as it may deem 
proper, provided that the securities shall not be sold for less 
than their par value. 

Section 3. The town of Sandwich shall at the time of 
authorizing said loan provide for the payment thereof in 
such annual payments, as nearly equal in amount as prac- 
ticable, as will extinguish the same within the time prescribed 
by this act, and when a vote to that effect has been passed 
a sum which, with the income derived from the said railway 
or railroad securities, will be sufficient to pay 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 as- 
sessed and collected by the town annually thereafter, in a 
manner similar to that in which other taxes are assessed, 
until the debt secured by said loan is extinguished. 

Section 4. This act shall take effect upon its passage. 

Approved March 2, 1911. 



Ghaj). 97 An Act to authorize the town of stoughton to extend 

ITS WATER SYSTEM. 



The town of 
Stoughton 
may extend 
its water 
system. 



Maj' issue 
notes or 
lionds, etc. 



Be it enacted, etc., as folloivs: 

Section 1. The town of Stoughton is hereby authorized 
to extend its water system in the streets and places desig- 
nated by votes of the town passed at a special town meeting 
held on the ninth day of November, nineteen hundred and 
ten, or to make such extensions of its water supply as such 
town may from time to time determine upon luider this act, 
and the town is hereby authorized to lay pipes and dig up 
public or private ways and to do such other things as may 
be necessary for this pin'])ose. 

Section 2. To meet the expenses incurred inider author- 
ity of this act the town may issue notes or bonds to an 
amount not exceeding fourteen thousand dollars. Such 
notes or bonds shall bear on their face the words. Town of 
Stoughton Water Loan, Act of 1911; shall be payable at 
the expiration of periods not exceeding thirty years from 
the dates of issue; shall bear interest jjuyable semi-ainiually 
at a rate not exceeding four and one half per cent per annum; 
and shall be signed by the treasurer of the town and counter- 
signed by the water coinniissioncrs. The town may sell the 
said securities at ])ublic or privnte sale iijuju such terms and 



Acts, 1911. — Chaps. 98, 99. 77 

conditions as it may deem proper: lyromded, that they shall I'^oviso. 
not be sold for less than their par value. 

Section 3. The town shall at the time of authorizing Payment of 
said loan provide for the payment thereof in such annual 
proportionate payments, beginning not more than three 
years after the issue of any of said notes or bonds, as will 
extinguish the same w^itliin 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 notes or bonds issued as afore- 
said by said town, and to make such payments on the prin- 
cipal 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 assessed, until the debt incurred 
by said loan is extinguished. 

Section 4. This act shall take effect upon its passage. 

Ay proved March 2, 1911. 

An Act relative to the filing of certificates of nomi- nj^n^j qq 

NATION AND NOMINATION PAPERS FOR THE ELECTION OF ^ * 

TOWN OFFICERS IN THE TOWN OF MENDON FOR THE YEAR 
NINETEEN HUNDRED AND ELEVEN. 

Be it enacted, etc., as follows: 

Section 1. All certificates of nomination for town offices certain acts 
in the town of IMendon filed on or before the second Satur- l\ Mend^n 
day, and nomination papers filed on or before the Monday, •egaiized. 
preceding the annual town election shall, for the year nine- 
teen hundred and eleven, be valid. 

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

Apjjroved March 3, 1911. 

An Act relative to the filing of certificates of nomi- (JJiap. 99 
nation and nomination papers for the election of 

town officers in the town of ROCKLAND FOR THE 
YEAR NINETEEN HUNDRED AND ELEVEN. 

Be it enacted, etc., as follows: 

Section 1 . All certificates of nomination for town offices certain acts 
in the town of Rockland filed on or before the second Satur- of Rockirnd 
day, and nomination papers filed on or before the Monday 'ega'^ed. 



78 Acts, 1911. — Chaps. 100, 101. 

precedinj; the annual town election shall, for the year nine- 
teen hundred and eleven, be valid. 
Section 2. This act shall take effect upon its passage. 

Ayyroved March 3, 1011. 

Cha]).\00 An Act relative to the maintenance of a high school 

IN the town of sherborn. 

Be it enacted, etc., as follows: 

f/ahigT"''^ Section 1. The trustees of Sawin Academy in the town 
sihooi in the of Shcrbom and the school committee of the town are 

town of Sner- i i i • i • p ^ 

boru. hereby authorized to enter mto an agreement tor conduct- 

ing according to law, a school in the said academy, under 
the order and superintendence of the authorities of the 
town, and during the term of such agreement or of any 
renewal thereof the town shall be considered as maintain- 
ing a high school. 

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

Approved March 4, 1011. 

Ckaj).101 An Act relative to the protection of game birds and 

water fowl. 

Be it enacted, etc., as follows: 

§V°amende(i Scctiou ouc of chapter fivc hundred and thirty-three of 
the acts of the year nineteen hundred and ten is hereby 
amended by inserting after the word "snare", in the second 
line, the words: — or for the purpose of killing a game bird 
or water fowl to construct or set a trap, net or snare, — so 
Taking of as to read as follows: — Section 1. It shall be unlawful 
ami wat'if/ to take or kill a game bird or water fowl by means of a 
lated!^*'^" trap, net or snare, or for the purj^ose of killing a game bird 
or water fowl to construct or set a trap, net or snare, or to 
pursue, shoot at or kill any wild fowl, or any of the so-called, 
shore, marsh and beach birds, with a swivel or pivot gun, 
or by the use of a torch, jack or artificial light, or by the aid 
or use of any boat or floating device propelled by steam, 
naphtha, gasolene, electricity, compressed air, or any similar 
motive power, or by any mechanical means other than 
sails, oars or paddles. But the provisions of this chapter 
shall not apply to persons shooting at, or killing said birds 
from such boats or floating devices if the same are at anchor. 

Approved March 4, 1011. 



Acts, 1911. — Chap. 102. 79 



An Act to authorize the town of Gardner to incur Chap.102 

INDEBTEDNESS FOR SEWERAGE PURPOSES. 

Be it enacted, etc., as follows: 

Section 1 . The town of Gardner, for the purposes sped- sewer scrip 
fied in chapter sixty-four of the acts of the year eighteen ofGardnrr? 
hundred and ninety, as amended by chapter two hundred ^^•' °^ ^^^^' 
and twelve of the acts of the year nineteen hundred, may 
incur indebtedness from time to time to an amount not 
exceeding one hundred thousand dollars, in addition to the 
amount already authorized by law, and may issue from 
time to time notes, bonds or scrip therefor; and said securi- 
ties shall not be reckoned in determining the statutory limit 
of indebtedness of the town. Such notes, bonds or scrip 
shall be denominated on the face thereof. Sewer Scrip of 
the Town of Gardner, Act of 1890, issued under authority 
of the act of nineteen hundred and eleven, 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, on such terms and conditions as it may 
deem proper: provided, that -they shall not be sold for less Proviso, 
than their par value. 

Section 2. The town shall at the time of authorizing Payment of 
said loan, provide by a majority vote for the payment 
thereof in such annual payments as will extinguish the 
same within the time prescribed by this act; and when a 
vote to that effect has been passed, the amount required 
thereby shall without further vote be assessed by the assess- 
ors of the town annually thereafter, in the same manner 
in which other taxes are assessed, until the debt incurred 
by the said loan is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved March J^, 1911. 



80 Acts, 1911. — Chaps. 103, 104, 105. 



Chap.\OZ An Act to prohibit the taking of fish by means of 

TORCHES OR OTHER ARTIFICIAL LIGHT IN THE WATERS OF 
THE TOWN OF KINGSTON. 

Be it enacted, etc., as follows: 

§^i!*!imeuded. Scction One of chapter four hundred and ninety-four of 
the acts of the year nineteen hundred and ten is hereby 
amended by inserting after the word "Head", in the seventh 
hne, the words: — or in the waters of the town of Kingston, 
— and also by inserting after the word "Duxbury", in the 
eighth hne, the word : — Kingston, • — so as to read as f ol- 
^e^taking^of ^ows : — ScctioTi 1 . It shall be unlawful for any person to 
ficiani'^ht'in display torches or other light designed or used for the pur- 
certain waters, pose of taking herring or other fish in any of the waters of 
Cohasset and Scituate southwesterly of a line drawn from 
Little Black Rock to Gull Island, or in the waters of Dux- 
bury and Plymouth harbors westerly of a line drawn from 
Pier Head to Saquish Head, or in the waters of the town of 
Proviso. Kingston: yromded, however, that the selectmen of the towns 

of Cohasset, Scituate, Duxbury, Kingston and Plymouth 
may grant permits for the display of torches or other light 
for the purposes aforesaid, within the limits of their respec- 
tive towns as herein described, with such restrictions as in 
their judgment will prevent the same from constituting a 
nuisance; and they may at any time revoke any such permit. 

Approved March 4, 1911. 

Cha2).104: An Act relative to the state infirmary and the state 

FARM. 

Be it enacted, etc., as follows: 

amended. Chapter ciglity-five of the Revised Laws is hereby amended 

by striking out the words "state hospital", wherever those 
words occur in the said chapter, and inserting in place 
thereof the words : — state infirmary. 

Approved March 4) 1911. 

C7iap.l05 An Act to authorize the josepii warren monument 
association to transfer its property to the rox- 

BURY historical SOCIETY. 

Be it enacted, etc., as folloics: 

§^3!1unended. SECTION 1. Scctiou thrcc of chapter two hundred and 
fifty of the acts of the year cight(>cn hundred and seventy- 



Acts, 1911. — Chaps. 106, 107. 81 

four is hereby amended by striking out the words "the city 

of Boston", in the third hue, and inserting in place thereof 

the words: — the Roxbury Historical Society, — so as to 

read as follows : — Section 3. Upon the completion of said property may 

monument said corporation may convey the same and all [*„°j*^i^"^ox^'* 

the property held by said corporation, to the Roxbury His- buryHistori- 

torical Society, together with any surplus of the fund raised 

for the erection of said monument; such surplus to be 

devoted to the maintenance of said monument and the 

repairs, adornment and enlargement of the grounds about 

the same. 

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

Approved March 4, 1011. 



An Act relative to the taxation of parish property (JJian.\0(S 
IN the town of mashpee. 

Be it enacted, etc., as follows: 

Section 1 . The assessors of the Indian town of Mashpee, Tax on cer- 
whose inhabitants were lately w^ards of the state, are hereby intVrtown^ 
authorized to abate the tax assessed in the years nineteen "^.^^'Ife'^P*'® 
hundred and nine and nineteen hundred and ten on the parish abated. 
house and parish lands in that town. The said property 
shall be exempt from taxation for a period of ten years: 
provided, that it shall be used by said Indian parish as it Proviso, 
has been used heretofore. 

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

Approved March 4, 1911. 

An Act to prohibit beam trawling in boston harbor, nj^dj^ \(yj 
Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person to prac- Beamtrawi- 
tice beam trawling in Boston harbor or to take or attempt in Boston"*'''^ 
to take any fish by that method. harbor. 

Section 2. Whoever violates the provisions of this act Penalty. 
shall be punished by a fine not exceeding one hundred 
dollars, or by imprisonment for a term not exceeding three 
months, or by both such fine and imprisonment. 

Approved March J^, 1911. 



82 



Acts, 1911. — Chap. 108. 



ChajJ'^OS An Act to authorize the town of danvers to distribute 

ELECTRICITY IN THE TOWNS OF NORTH READING AND MID- 
DLETON. 



The town of 
Diinvers may 
supply elec- 
tricity to 
certiiin other 
towns. 



May con- 
struct and 
maintain 
lines, etc. 

Proviso. 



Certain acts 
ratified. 



Till' town of 
Mi<l(lht()ii 
may purchase 
plant, etc. 



Be it enacted, etc., as follows: 

Section 1. The town of Danvers is hereby aiitliorized 
to supply electricity for its municipal use in the towns of 
North Reading and Middleton, and to sell and distribute 
electricity to the INIiddleton Electric Light Company, to such 
of the inhabitants of the town of Middleton as are now 
supplied by the town of Danvers, and, with the consent of 
the Middleton Electric Light Company, to the town of 
Middleton for municipal use, and to such, of the inhabitants 
of the town of Middleton as may hereafter apply to the town 
of Danvers therefor, with the same rights and privileges 
and subject to the same conditions, limitations and obliga- 
tions as it may now or hereafter have or be subject to with 
respect to the sale and distribution of electricity within its 
own boundaries. No contract to supply the IMiddleton 
Electric Light Company shall be made for a period of more 
than ten years. 

Section 2. The town of Danvers may construct and 
maintain in the towns of North Reading and IMiddleton 
lines for the transmission of electricity^ for the purposes 
mentioned in section one: provided, however, that it shall 
obtain from the selectmen of the towns of Middleton and 
North Reading locations for all poles, wires and other dis- 
tributing apparatus constructed and maintained for the pur- 
poses aforesaid upon, along, under or across any jjublic 
ways within the said towns, in the same manner and upon 
the same terms as are provided by law for companies incor- 
porated for the transmission of electricity for light, heat 
or power. 

Section 3. All acts of the town of Danvers or its duly 
constituted officers heretofore done with intent to exercise 
the authority conferred by this act are hereby ratified and 
confirmed. 

Section 4. If the town of Middleton shall hereafter 
establish an electric lighting plant, it shall, under the pro- 
visions of sections ten, eleven and twelve, as amended, of 
chapter thirty-four of the Revised Laws and of any general 
laws hereafter enacted relating to the purchase of electric 
light plants by a city or town, purchase the plant and prop- 



Acts, 1911. — Chap. 109. 83 

erty within its limits owned by the town of Danvers in Hke 
manner as if the same were tlie plant and property of a 
private person, firm or corporation: provided, however, that Proviso, 
the town of Danvers shall have no right to refuse to sell 
its plant and property within the limits of the town of 
INIiddleton, but shall sell and convey the same to the town 
of ]\Iiddleton within the time and in the manner prescribed 
by law for the sale to a municipality of electric light plants 
privately owned, and thereupon the right of the town of 
Danvers to maintain an electric light plant or to sell elec- 
tricity within the limits of the town of Middleton shall cease, 
except that nothing in this section shall prevent the town 
of Danvers from supplying or continuing to supply itself 
for its municipal use in the towns of Middleton and North 
Reading. 

Section 5. This act shall take effect upon its passage. 

Approved March 4, 1911. 

An Act authorizing the taking of cemetery l\nd for (JJkij) X09 

A public park in the town of HAMILTON. 

Be it enacted, etc., as folloivs: 

Section 1. The board of park commissioners of the certain 
to^\^l of Hamilton, acting for the town, is hereby authorized fnTheTown"*^ 
to take, for the purpose of a public park, the parcel of land ma^b™taken 
containing about fifty-eight thousand seven hundred and for a public 
ninety square feet, known as the Wigglesworth cemetery 
lot, situate on the northwesterly side of Main street in said 
town. Said parcel is bounded and described as follows: — 
Southeasterly by said INIain street about eighty-four feet; Description 
northeasterly by land now or late of Norton about seven taken, 
hundred and seventy feet; northwesterly, westerly and south- 
westerly by Cutler's pond, so-called, about three hundred 
and twentv-five feet to land now or late of Woodburv, and 
further southwesterly by land now or late of said Wood- 
bury about four hundred ninety-three and five tenths feet 
to said ]\Iain street. The provisions of chapter twenty- 
eight of the Revised Laws with regard to the taking of 
land for public parks, including all provisions for the assess- 
ment and recovery of damages for land so taken, shall apply 
to the taking hereby authorized. 

Section 2. No land taken hereunder containing the Human 
remains of the dead shall be used for the purpose aforesaid brremoVed. 
until such remains, and the monuments and headstones 



84 



Acts, 1911. — Chap. 110. 



Notice of 
removal to be 
given, etc. 



Town raay 

appropriate 

money. 



Time of 
taking eflect. 



markinj; tlieiu, shall have been removed to such other burial 
place iu the town of Hamilton as the selectmen and park 
commissioners of the town may designate, or to such other 
suitable burial place as the relatives or representatives of 
those whose remains are removed may at their own expense 
provide. 

Section 3. The removals aforesaid shall be made only 
after notice thereof once each week for three successi\'e 
weeks, in some newspaper published in said town or in 
the adjoining town of Ipswich, or in the city of Salem, the 
last publication to be at least seven days before the time 
fixed for said removals. The removals shall be m.ade under 
the supervision of the selectmen and park commissioners 
of said town. The remains shall be interred in a proper 
and suitable manner, and a plan of the ground in the burial 
place to which such remains may be removed, showing 
the position of all the known dead so removed, shall be made 
and filed in the office of the town clerk of Hamilton for 
future reference. 

Section 4. Said town at any legal meeting called for 
the purpose, or at any annual meeting, may appropriate 
money necessary for the purposes of this act. 

Section 5. This act shall take effect upon its accept- 
ance by a majority of the legal voters of said town present 
and voting thereon, at a town meeting duly called for the 
purpose, or at any annual town meeting. 

Ajyprovcd March 4, 1911. 



Cha2).110 An Act to authorize the city of new Bedford to incur 
indebtedness for purchase of wharf and shore 
property. 

Be it enacted, etc., as follows: 

Section 1. The city of New Bedford, for the purjwse 
of purchasing Central Wharf, so-called, in that city, and 
also a tract of land thirteen hundred and fifty feet in length, 
on the west side of West French avenue, th(> same being 
shore land bordering on Clark's cove, may incur indebtedness 
beyond the limit fixed by law to an amount not exceeding 
twenty-seven thousand dollars, and may issue bonds, notes 
or scrip therefor. Such bonds, notes or scrip shall be pay- 
able within such periods not exceeding ten years from the 
dates of issue, and shall bear such rate of interest, not exceed- 
ing four per cent i)er annum, payable semi-annually, as the 



The rity of 
New Bedford 
may issue 
bonds, etc., 
for pvirchas- 
ing wharf 
and shore 
property, etc. 



Acts, 1911. — Chap. 111. 85 

city council shall determine. Except as otherwise provided ^fs^onfo^^°' 
herein the provisions of chapter twenty-seven of the Revised law to apply. 
Laws shall, so far as they may be applicable, apply to the 
indebtedness hereby authorized and to the securities issued 
therefor. 

Section 2. The city council of said city shall, at the Payment of 
time of authorizing said loan, provide for the payment °^^' 
thereof in such annual proportionate payments as will 
extinguish the same within the time prescribed in this act; 
and thereafter, without further action by the city council, 
the amount required for such payments shall be assessed 
by the assessors of the city in each year, in the same manner 
in which other taxes are assessed, until the debt incurred 
by the said loan is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved March ^, 1911. 

An Act relative to the payment of benefits by secret QJian.lll 

ORDERS OR FRATERNITIES TO FAMILIES OR DEPENDENTS 
OF DECEASED MEMBERS. 

Be it enacted, etc., as follows: 

Section 1. A subordinate lodge of a secret order or Certain 
fraternity, which is hereby declared to be an organization ^^y^^p^y ^^^ 
whose principal object is to promote the spirit of brother- fits?etcf°^ 
hood among its members, in carrying out which purpose 
the organization transacts business by means of subordinate 
lodges with a supreme or governing body and a represen- 
tative form of government and has initiations by certain 
ritualistic forms and secret means of recognition, and which 
is not conducted as a business enterprise or for profit, may 
pay as death benefits to families or dependents of deceased 
members such sums as its by-laws may determine: provided, Provisos, 
that the sum shall not exceed two hundred dollars if the 
membership of the lodge is two hundred or less, and if 
the membership is over two hundred in number the said 
sum shall not exceed the amount of an assessment of one 
dollar upon each member of the subordinate lodge in good 
standing at the time of the death of the deceased member; 
and provided, further, that such subordinate lodge shall in 
other respects be subject to the provisions of section twelve 
of chapter one hundred and nineteen of the Revised Laws, 
and of all amendments thereof. 

Section 2. All acts and parts of acts inconsistent here- Kepeai. 
with are hereby repealed. Approved March 4, 1011. 



86 



Acts, 1911. — Chap. 112. 



Appropria- 
tions, dis- 
trict police. 



Chap.\\2 An Act making appropriations for the salaries and 

EXPENSES OF THE DISTRICT POLICE. 

Be it enacted, etc., as follows: 

vSection 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 district police, for the fiscal year ending on 
the thirtieth day of November, nineteen hundred and eleven, 
to wit: — 

For the salary of the chief, three thousand dollars. 

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

For the salary of the second clerk, one thousand dollars. 

For postage, printing, stationery, telephone, telegraph, 
incidental and contingent office expenses, including the 
printing and binding of the annual report, a sum not exceed- 
ing seventy-five hundred dollars. 



Chief. 
First clerk. 
Second clerk. 
Expenses. 



Deputy chief, 

detective 

department. 

Clerk. 

Stenog- 
raphers. 

Compensation 
of members. 

Fire in- 
spectors. 

Travelling 
expenses. 

Special serv- 
ices, etc. 



DETECTIVE DEPARTMENT. 

For the salary of the deputy chief, twenty-four hundred 
dollars. 

For the salary of the clerk, twelve hundred dollars. 

For the salaries of the stenographers, three thousand 
dollars. 

For compensation of the members, a sum not exceeding 
twenty-two thousand eight hundred dollars. 

For compensation of fire inspectors, twelve thousand 
three hundred dollars. 

For travelling expenses of the members, a sum not exceed- 
ing twelve thousand five hundred dollars. 

For special services and expenses of persons employed 
under the direction of the de])uty chief of the detective 
department in the investigation of fires, including witness 
fees, travel, contingent and incidental expenses, a sum not 
exceeding two thousand dollars. 



Deputy chief, 

inspection 

department. 

Chief 

inspector of 
boilers. 



INSPECTION DEPARTMENT. 

For the salary of the deputy chief, twenty-four hundred 
dollars. 

For the salary of the chief inspector of boilers, two thou- 
sand dollars. 



Acts, 1911. — Chap. 113. 87 

For the salaries of the clerks, fifty-three hundred fifty- cierks. 
eight dollars and thirty-two cents. 

For the compensation of the members, a sum not exceed- Compensation 
ing seventy thousand dollars. of mem eis. 

For travelling expenses of the members, a sum not exceed- Travelling 
ing nineteen thousand dollars. expenses. 

For compensation of the board of boiler rules, a sum not p9-y*i ^{ 

T I 1 1 11 boiler rules. 

exceedmg one thousand dollars. 

For expenses of the board of boiler rules, a sum not exceed- Expenses. 
ing one thousand dollars. 

For expenses of operating the steamer Lexington, used Lelingujn 
in the enforcement of the fish laws of the commonwealth, 
a sum not exceeding ninety-five hundred dollars. 

For maintaining in good condition apparatus for testing Certain 

!• . p • • , !• IP p •!• apparatus. 

applicants tor movmg picture licenses and tor turnishing 
supplies to operate the same, a sum not exceeding six hun- 
dred dollars. 

For investigation work and apparatus and for mainte- investigation 
nance in the boiler inspection department, a sum not exceed- ^ ' '^ "' 
ing one thousand dollars. 

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

Approved March 6, 1911. 

An Act relative to the retirement of certain vet- (JJkuj w^ 

ERANS IN the SERVICE OF THE CITY OF BOSTON. ' 

Be it enacted, etc., as follows: 
Section 1. A veteran of the civil war in the service of S^i'^^'r./fh*! 

^^^ til. illlo 111 i'llt^ 

the city of Boston, if incapacitated for active duty, may service of 
be retired from active service, with the consent of the mayor, Boston may 
at one half the rate of compensation paid to him at the time 
of his retirement, to be paid out of the treasury of the city: 
provided, that no veteran shall be entitled to be retired Proviso. 
under the provisions of this act unless he shall have been 
in the service of the city for at least ten years. 

Section 2. A veteran retired under the provision of this Application 
act, whose term of service was for a fixed number of years, °^ ^''^' '^'''' 
shall be entitled to the benefits of the act without reappoint- 
ment. 

Section 3. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approved March 8, 1911. 



88 



Acts, 1911. — Chains. Ill, 115. 



Chap.H4i An Act to authorize the school of commerce and 

FINANCE OF THE BOSTON YOUNG MEN's CHRISTIAN ASSO- 
CIATION TO GRANT DEGREES. 

Be it enacted, etc., as follows: 

Section 1. The School of Commerce and Finance of 
the Boston Young Men's Christian Association, said school 
being incorporated under the laws of the commonwealth, 
is hereby authorized to confer the degree of M.C.S. (Master 
of Commercial Science,) and the degree of B.C.S. (Bachelor 
of Commercial Science,) appropriate to the courses of study 
offered in accordance with the provisions of its charter. 

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

Approved March 8, 1911. 



The School of 
Commerce, 
etc., may con- 
fer degrees. 



Salaries of 
doorkeepers, 
messengers, 
etc. 



Chap.W^ An Act relative to the salaries of the doorkeepers, 
assistant doorkeepers and messengers of the senate 
and house of representatives. 

Be it enacted, etc., as follows: 

Section 1. The annual salary of the doorkeepers of the 
senate and house of representatives shall be sixteen hun- 
dred dollars each, to be allowed from the first day of Decem- 
ber, nineteen hundred and ten. The annual salary of the 
assistant doorkeepers of the senate and house of repre- 
sentatives shall be eleven hundred dollars each, and the 
annual salary of the messengers of the senate and house 
of representatives shall be one thousand dollars each, to 
be allowed from the first day of January, nineteen hundred 
and eleven. These salaries shall be payable montlily from 
the treasury of tlie commonwealth. 

Section 2. So much of sections eleven and twelve of 
chapter ten of the Revised Laws and of any other acts as 
is inconsistent herewith is hereby repealed. 

Section 3. This act shall take effect upon its passage. 

(The forcfioing ivas laid before the Governor on the first day 
of March, 1011, and after fire days it had ''the force of a latv" 
as prescribed by the Constitution, as it teas not returned by 
him with his objections thereto within that time.) 



Repeal. 



Acts, 1911. — Chaps. IIG, 117. 89 



An Act to provide for the appointment of a male (jjinr,j i ig 

ASSISTANT PROBATION OFFICER FOR THE MUNICIPAL COURT * 

OF THE ROXBURY DISTRICT OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section eightv-one of chapter two hundred ?• l. 217, 

* sol etc 

and seventeen of the Revised Laws, as amended by chapter amended.' 
two hundred and ninety-five of the acts of the year nine- 
teen 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, and by chapter 
three hundred and thirty-two of the acts of the year nine- 
teen hundred and ten, is hereby further amended by insert- 
ing after the words "assistant probation officer", in the 
eleventh Hue, the words: — and said justice of the munici- 
pal court of the Roxbury district may also appoint one male 
assistant probation officer, — so as to read as follows : — 
Section 81. The superior court may appoint probation offi- Probation 
cers and the justice of each police, district or municipal app^'ohftment, 
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 Middle- 
sex, may also each appoint one female assistant probation 
officer, and said justice of the municipal court of the Rox- 
bury district may also appoint one male assistant proba- 
tion officer. Each probation officer and assistant proba- 
tion officer so appointed shall hold his office during the 
pleasure of the court which makes the appointment. 
Section 2. This act shall take effect upon its passage. 

Approved March 8, 1911. 



An Act making appropriations for salaries and expenses (JJki^j \Yl 

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 common- *'''"^- 
wealth from the ordinary revenue, for salaries and expenses 



90 



Acts, 1911. — Chap. 117. 



Sergeant-at- 
arms. 

First clerk. 
Cashier. 



Additional 
clerks. 

Expenses. 



Chief en- 
gineer, etc. 



Watchmen, 
etc. 



Stationery, 
etc. 



Messengers, 
etc. 

Telephones, 
etc. 

Heat, light, 
etc. 



Care of state 
house, etc. 



Furniture 
and fi.\tures. 

Matron. 



Carpenter. 



in the department of the sergeant-at-arms, for the fiscal 
year ending on the thirtieth day of November, nineteen 
hundred and eleven, to wit: — 

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

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

For the salary of the cashier, a sum not exceeding one 
thousand dollars. 

For the salaries of additional clerks, the sum of twenty- 
eight hundred dollars. 

For incidental and contingent expenses and expense of 
mailing legislative bulletins, a sum not exceeding four hun- 
dred and fifty dollars. 

For the salaries of the chief engineer and other employees 
in the engineer's department, a sum not exceeding thirty 
thousand nine hundred and forty dollars. 

For the salaries of the watchmen and assistant watch- 
men, a sum not exceeding fourteen thousand six hundred 
dollars. 

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

For the salaries of the messengers, porters and office boy, 
a sum not exceeding eighty-two hundred and sixty dollars. 

For rent of telephones and expenses in connection there- 
with, a sum not exceeding eighty-two hundred dollars. 

For heat, light and power, including coal, water, gas and 
removal of ashes, a sum not exceeding thirty-five thousand 
dollars. 

For the care of the state house and grounds, including 
repairs, furniture and repairs thereof, the regilding of the 
dome of the state house, and such expenses as may be neces- 
sary at the various buildings now occui)ied by state depart- 
ments, a sum not exceeding thirty thousand eight huiulred 
dollars. 

For new furniture and fixtures, a sum not exceeding six 
thousand dollars. 

For the salary of the matron, a sum not exceeding eight 
hundred and fifty dollars. 

For the salary of the carpenter, the sum of fourteen hun- 
dred dollars. 

Section 2. This act shall take effect upon its i)assage. 

Approved March S, I'.'IL 



Acts, 1911. — Chap. 118. 91 



An Act relative to the protection and sale of hares Chap.118 

AND RABBITS. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful to hunt, take or kill f,[^'f^f^*;"f 
a hare or rabbit between the first day of March and the hares and 
fifteenth day of October, both inclusive, or to buy or sell 
or offer for sale a hare or rabbit taken or killed during the 
said period in this commonwealth, or taken or killed at 
any time contrary to the laws of any other state or coun- 
try. But any person may buy or sell hares or rabbits at 
any time: provided, that they were not taken or killed con- Proviso, 
trary to the laws of this commonwealth or of any other 
state or country. 

Section 2. It shall be unlawful at any time to remove Certain acts 
or attempt to remove a hare or rabbit from any hole in the "° ''^ " • ^ •=• 
ground or from any stone wall or from under any ledge or 
stone or log or tree, and it shall be unlawful to take or kill 
a hare or rabbit by a trap, snare or net, or for that pur- 
pose to construct or set a trap, snare or net, or to use a ferret. 
The possession of a ferret in a place where hares or rabbits 
might be taken or killed shall be prima facie evidence that 
the person having the ferret in possession has used it for 
taking and killing hares or rabbits contrary to law. Ferrets 
used in violation hereof shall be confiscated. 

Section 3. This act shall not be construed to prohibit Certain 
farmers and fruit growers from trapping rabbits in box farmers, etc 
traps at any time during the year: provided, first, that such Proviso, 
trapping is done on land owned or leased by the person 
setting the trap and used for the raising of fruit, vegetables 
or other products by the person so trapping; secondly, that 
the person so trapping shall first have made an affidavit 
before a justice of the peace that hares or rabbits have in- 
jured fruit, vegetables or other products on his said premises 
and shall have forwarded the affidavit so made to the com- 
missioners on fisheries and game; and thirdly, that the 
said commissioners have issued to him a permit so to trap. 
It shall be unlawful to barter or sell hares or rabbits trapped 
in accordance with the provisions of this section. 

Section 4. Chapter four hundred and sixty-six of the Repeal. 
acts of the year nineteen hundred and nine and section two 
of chapter five hundred and thirty-three of the acts of the 
year nineteen hundred and ten are hereby repealed. 



92 

Penalty. 



Acts, 1911. 



Chap. 119. 



Section 5. Whoever violates any provision of this act 
shall be punished by a fine not exceeding ten dollars for 
each offence. Approved March 8, 1911. 



R. L. 19, § 12, 
amended. 



Statement of 
apijlicants 
for examina- 
tion. 



Chcip.WS) An Act relative to qualifications for examination by 

THE CIVIL SERVICE COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. Section twelve of chapter nineteen of the 
Revised Laws is hereby amended by inserting after the 
word "service", in the seventh line, the words: — provided, 
however, that no question shall be asked in such application 
or in any examination requiring a statement as to any 
offence committed before the applicant reached the age of 
sixteen years, except in the case of applicants for police 
and prison service, — so as to read as follows : — Section 12. 
Every application shall state under oath the full name, 
residence and post office address, citizenship, age, place of 
birth, health and physical capacity, right of preference as 
a veteran, previous employment in the public service, busi- 
ness or employment and residence for the previous five 
years, and education of the applicant, and such other in- 
formation as may reasonably be required relative to his 
fitness for the public service: provided, hoivever, that no 
question shall be asked in such application or in any exam- 
ination requiring a statement as to any offence committed 
before the applicant reached the age of sixteen years, except 
in the case of applicants for police and prison service. 

Applicants for positions in the labor service of the com- 
monwealth or of the cities thereof shall, to the number of 
five hundred, be allowed to register on the first Monday 
of February, May, August and November in each year, at 
the places appointed therefor. 

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

{This hill, retiirtied hy the governor to the house of repre- 
sentatives, the branch in which it originated, with his objections 
thereto, was passed by the house of rcpresetitatives March 3, 
and, in concurrence, by the senate March 8, the objections of 
the governor notwithstanding, in the manner prescribed by the 
Constitution; and thereby ha^ the ''force of a law".) 



Proviso. 



Labor 
service. 



Acts, 1911. — Chains. 120, 121. 93 



An Act relative to the liability of common carriers Chap.120 

FOR THE SAFETY OF PASSENGERS. 

Be it enacted, etc., as follows: 

Section 1. No common carrier of passengers shall by Liability of 
rule, regulation, sign or otherwise, require passengers whom 
it suffers to enter, or leave by, a door of its car or train, to 
do so at their own risk; and no such passenger shall be pre- 
vented from recovering compensation in damages for any 
injury by reason of any such rule, regulation, sign or require- 
ment. 

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

Approved March 9, 1911. 



common 
carriers. 



An Act relative to naming co-respondents in libels njia^y 1 21 

FOR divorce for ADULTERY. ' ' 

Be it enacted, etc., as follows: 

Section 1. In an action for divorce, wherein the com- jn an action for 
mission of adultery by either party is alleged as ground for divorce persons 

^ e ^ "^ . 1 !• 1-1 1 not to be named 

the divorce or as ground tor contestnig the divorce, no libel, ^ co-reapond- 
cross-libel or answer at the time of filing shall name any 
person as co-respondent. The party alleging such adultery, 
may by motion, after the libel has been entered, upon an 
ex parte hearing before a justice of the superior court, 
obtain permission to amend his libel, cross-libel or answer 
'by inserting the name of the co-respondent if the justice 
finds probable cause has been shown to believe that such 
accused person has committed adultery with the libellee or 
libellant, and thereupon notice shall be sent to said co- 
respondent and to the other party to the action. 

Section 2. The evidence produced at such ex parte hear- Evidence not 
ing shall not be reported or made a part of the record in a part of the 
the case and the motion for said amendment shall not be ^'^'^°^'^' ''*''■ 
read to the court during the divorce proceedings, but the 
clerk of the court shall make an entry in the docket of " Mo- 
tion to insert name of co-respondent allowed", or "Motion 
to insert name of co-respondent denied ", as the case may be. 

Approved March 9, 1911. 



94: 



Acts, 1011. — Chaps. 122, 123. 



Cha2}.^22 An Act to provide clerical assistance for the treas- 
urer OF THE COUNTY OF HAMPSHIRE. 



Clerical 
assistance 
I'or the treas- 
urer of 
llanipshiro 
county. 



Be it enacted, etc., as folloivs: 

Section 1. The treasurer of the county of Hampshire 
shall annually be allowed from the treasury of the county 
the sum of four hundred dollars for clerical assistance. 

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

Ajyproved March 9, 1911. 



Cha2>.12^ An Act to authorize the city of new Bedford to incur 

INDEBTEDNESS FOR A NEW SCPIOOLHOUSE. 



The city of 
New Bedford 
may borrow 
money for 
constructing 
a now school- 
house. 



Payment of 
loan. 



Be it enacted, etc., as follows: 

Section 1. The city of New Bedford, for the purpose 
of constructing and furnishing a schoolhouse in the south 
part of the city and for the purchase of land therefor, may 
incur indebtedness beyond the limit fixed by law to an 
amount not exceeding one hundred and seventy -five thou- 
sand dollars, and may issue bonds, notes or scrip therefor. 
Such bonds, notes or scrip shall be payable within such 
periods, not exceeding twenty years from the dates of issue, 
and shall bear such rate of interest, not exceeding four 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 indebt- 
edness hereby authorized and to the securities issued therefor. 

Section 2. The city council of said city shall, at the 
time of authorizing said loan, provide for the payment 
thereof in such annual proportionate payments as will ex- 
tinguish the same within the time prescribed in this act; 
and thereafter, without further action by the city council, 
the amount required for such ]>ayinents shall be assessed 
by the assessors of the city in each year, in the same manner 
in which other taxes are assessed under the provisions of 
section thirty-seven of Part I. of chapter four hundred and 
ninety of the acts of the year nineteen hundred and nine, 
until the debt incurred by the said loan is extinguished. 

Section 3. This act shall take effect upon its ])assage. 

Approved March 9, 1911. 



Acts, 1911. — CiiArs. 124, 125. 95 



An Act relative to the taking of land by the town CJiap.l 24: 
OF danvers for its electric light plant. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter three hundred and i^f^'i'^^^^ 
seventy-eight of the acts of the year eighteen hundred and 
ninety-one is hereby amended by inserting after the word 
"take", in the third hue, the words: — or acquire by pur- 
chase or otherwise, — by inserting after the word "any", 
in said third Une, the word: — additional, — and by strik- 
ing out the words "one acre", in the fourth Hne, and insert- 
ing in place thereof the words: — three acres, — so as to 
read as follows: — Section 6. For the purposes of this act Taking of 
said town may use any unoccupied land now owned by it, '^^ ' '^ "' 
or may take or acquire by purchase or otherwise, at a meet- 
ing called for that purpose, any additional land within its 
limits not exceeding three acres and not already appropriated 
to public uses. The selectmen of said town shall, within 
sixty days after said taking, file in the registry of deeds 
for the southern district of the county of Essex such a descrip- 
tion of the land so taken as is required in a common convey- 
ance, and a statement of the purpose for which the land is 
taken, which description and statement shall be signed by 
the selectmen or a major part of them, and the title of such 
land shall vest in the town of Danvers from the date of 
such filing. 

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

Approved March 9, 1911. 

An Act to incorporate the wads worth cemetery asso- CJiap.125 

CIATION. 

Be it enacted, etc., as follows: 

Section 1. James O. Perry, Wallace P. Perry, Wilbert wadsworth 
O. Dwinell, James A. Perry, Charles H. Preston, Caroline Associa'tfon 
P. Cook, Charles R. Tapley, Luther G. Straw, Sarah P. *-««^P»'-'»ted. 
White, Alfred Hutchinson, Charles B. Rice, Alden P. White, 
Edward H. Chandler, Edward E. Woodman, Charles S. 
Bodwell, Lucy F. Putnam, Walter K. Biglow, George B. 
Sears, Oscar R. Bodwell, S. Evalyn Marston, their associates 
and successors, are hereby made a corporation, by the name 
of the Wadsworth Cemetery Association, for the purpose 
of acquiring, holding, maintaining, improving and enlarg- 



96 



Acts, 1011. — Chap. 125. 



Membership. 



May acquire 

possession 
of ;i certain 
cemetery. 



Proviso. 



ing, for a place of burial for the dead, ccrtdin land set apart 
and known as Wadsworth cemetery, situated on the westerly 
side of Summer street in the town of Danvers, containing 
about one acre and seventy-four square rods, and being 
described in two deeds from Benjamin Wadsworth to the 
inhabitants of the North Parish in Danvers, dated respec- 
tively, April 8, 1825, and June 16, 1826, and recorded, re- 
spectively, in Essex South District Registry of Deeds, in 
book 238, page 27, and book 244, page 104, and since the 
date of said deeds cared for and maintained by the First 
Religious Society in Danvers, the successor of the North 
Parish in Danvers. The said corjioration shall have all the 
powers and privileges and shall be subject to all the duties, 
restrictions and liabilities set forth in all general laws now 
or hereafter in force relating to such corporations. 

Section 2. In addition to the persons named in section 
one, the owner, or the representative of the owners, of 
any burial lot in said cemetery may become a member 
of the corporation by signing the by-laws, which by-laws 
shall prescribe the manner of determination of such owner- 
ship and representation, and shall prescribe how and when 
membership shall cease. The First Religious Society in 
Danvers may at its first annual meeting held after the 
passage of this act choose nine of its members, three for the 
term of three years, three for two years and three for one 
year, and thereafter at each succeeding amuial meeting, three 
for three years, which persons shall be designated as said 
society's representative members of said cemetery corpora- 
tion, and such persons for and during their respective terms 
of election shall have full powers of membership in said 
cemetery corporation. 

Section 3. Said corporation is hereby authorized to 
acquire possession and control of said cemetery, and may 
purchase from time to time, and may acquire by gift, be- 
quest, devise or otherwise, and may hold so much real and 
personal ])roperty as may be necessary or appropriate for 
the purposes of the corporation: })rovi(Icd, that nothing 
herein contained shall affect the individual rights of pro- 
])riet()rs in said cemetery. The said First Religious Society 
is hereby authorized to convey to said corporation all its 
right, title and interest in the lands which are described in 
the deeds mentioned in section one, and in all other i)ro})erty, 
or rights api)ertaining tluMvto which said society has or is 
entitled to have, including all moneys and funds belonging 



Acts, 1011. — Chap. 125. 97 

to said cemetery; provided, that the majority of the legal Proviso, 
voters of said society present and voting thereon, shall vote 
so to do at its annual meeting, or at any meeting duly called 
for that purpose. 

Section 4. The net proceeds of the sale of lots in the Proceeds of 
lands of the corporation and all income received from any eta " ° ^• 
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 5. Said corporation is authorized to take and q^estsj^etc. 
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 structure therein, or for planting a 
lot or its vicinity with trees or shrubs; and when such gift 
or bequest is made the said corporation may give to the per- 
son making the same or to his representative an obligation 
binding the corporation to fulfil the terms of the trust. 

Section 6. The officers of the corporation shall consist Directors, 
of five directors, of whom at least two shall be members etc'.' 
either of the First Religious Society in Danvers, or of the 
First Church with which said societv is connected, a treas- 
urer and a clerk, who shall be elected at the annual meeting 
of the corporation, a president to be elected annually by 
the directors from their number, and such other officers as 
may be provided for by the by-laws. The officers shall each 
be elected for one year and until a successor is elected and 
qualified. The directors shall have the general manage- 
ment of the property, expenditures and affairs of the cor- 
poration, and the sale of lots in said cemetery, and shall 
make a report of their doings to the corporation ^t its annual 
meetings. If a vacancy occurs in the board of directors or Vacancy, 
in the office of treasurer or clerk it may be filled for the 
unexpired term at any special meeting of the corporation. 

Section 7. This act shall take effect upon its passage. 

Approved March 9, 1911. 



98 



Acts, 1911. — Chaps. 126, 127. 



Repeal. 



Cha2J.126 An Act relative to petit larceny. 

Be it enacted, etc., as follows: 

Section thirty of chapter two hundred and eight of the 
Revised Laws, as amended by chapter three hundred and 
eighty-nine of the acts of the year nineteen hundred and 
ten, relative to the punishment for petit larceny, is hereby 
repealed. Apinoved March 11, 1911. 



Chap.VU An Act relative to the reporting of criminal offences 

IN DIVORCE CASES TO THE DISTRICT ATTORNEY. 



R. L. 152, 
§ 41, 
amended. 



Notice to 
district 
attorney of 
criminal 
offences, etc. 



Be it enacted, etc., as follows: 

Section forty-one of chapter one hundred and fifty-two of 
the Revised Laws is hereby amended by inserting after the 
word "crime", in the second line, the words: — other than 
adultery, — by inserting after the word " proper ", in the 
eighth line, the words: — but if the divorce is granted 
because of adultery the court shall cause notice of such 
facts, information and list of witnesses to be given to the 
district attorney, — and by striking out the word "shall", 
in the ninth and in the eleventh lines, and inserting in place 
thereof the word : — may, — so as to read as follows : — 
Section 41. If a divorce is granted for a cause which con- 
stitutes a crime, other than adultery, committed within this 
commonwealth and within the time provided by law for 
making complaints and finding indictments therefor, the 
court which grants the divorce may in its discretion cause 
notice of such facts to be given by the clerk of the court 
to the district attornev for the count\- in which such crime 
was committed, with a list of the witnesses proving such crime 
and any other information which the court may consider 
proper, but if the divorce is granted because of adultery 
the court shall cause notice of such facts, information and 
list of witnesses to be given to the district attorney, and 
thereupon the district attorney may cause com])laint therefor 
to be made before a magistrate having juri.sdiction thereof, 
or may present the evidence thereof to the grand jury. 

Approved March 11, 1011. 



Acts, 1911. — Chap. 128. 99 



An Act to authorize the old colony trust company, Chap.l2S 

THE MASSACHUSETTS TRUST COMPANY, THE MERCANTILE 
TRUST COMPANY AND THE CITY TRUST COMPANY TO MERGE. 

Be it enacted, etc., as follows: 

Section 1 . The Old Colony Trust Company, the Massa- Certain trust 
chusetts Trust Company, the Mercantile Trust Company autho*?zedto 
and the City Trust Company may apply to the board of •^^''s^- 
bank incorporation for authority to merge, and if the board 
shall grant such authority the respective boards of directors 
of said trust companies may make an agreement for the 
merger of the IVIassachusetts Trust Company, the Mercan- 
tile Trust Company and the City Trust Company in the 
Old Colony Trust Company, prescribing the terms and con- 
ditions thereof and the mode of carrying the same into 
effect, which agreement shall be subject to the approval of 
the bank commissioner. 

Section 2. Such merger shall become effective, valid and f^fo^ed ^^ 
binding only when the terms thereof have been approved, 
at meetings called for the purpose, by votes of at least two 
thirds in interest of the stockholders of each of the contract- 
ing trust companies. 

Section 3. No such merger shall work a dissolution of Sfe^nces of 
any of said trust companies or a termination of their several ^^^ merged 

. i> 1 • p 1 • 1 1 companies to 

corporate existences or oi their franchises, but the corporate continue, etc. 
existence of each trust company so merged shall be continued 
by the Old Colony Trust Company, and all their privileges 
and franchises and all their rights, titles and interests in 
and to any species of property and things in action shall 
forthwith without any deed or transfer be vested in said 
Old Colony Trust Company to hold and enjoy in the same 
manner and to the same extent as the said trust companies 
so merged had formerly held and enjoyed the same; but 
the several merged trust companies may in their discretion 
execute one or more deeds or instruments of conveyance 
transferring or confirming all their rights, titles and interests 
aforesaid to the Old Colony Trust Company. The rights 
of creditors of any trust company so merged shall not in 
any manner be impaired by any such merger, and the Old 
Colony Trust Company shall upon such merger continue to 
exercise and be subject to all the duties, relations, obliga- 
tions, trusts and liabilities of such merged trust companies 
whether as debtor, depositary, registrar, transfer agent. 



100 



Acts, 1911. — Chaps. 129, 130. 



Capital 
stock. 



Taking of 
name of 
merged com- 
pany for- 
bidden. 



Branch 
office. 



executor, administrator, trustee or otherwise, and be held 
liable to pay and discharge all such debts and liabilities, 
and to perform all such duties and trusts, in the same man- 
ner and to the same extent as if said Old Colony Trust Com- 
pany had itself incurred the obligation or liability or assumed 
the duty, relation or trust, and no suit, action or other 
proceeding then pending before any court or tribunal in 
which any trust company that may be so merged is a party 
shall be deemed to have abated or to have been discon- 
tinued by reason of such merger. 

Section 4. The Old Colony Trust Company may in- 
crease its capital stock to the aggregate amount of the author- 
ized capital stocks of its constituent corporations, subject 
to the provisions of chapter one hundred and eighty-nine 
of the acts of the year nineteen hundred and five. 

Section 5. No other corporation shall, for the period of 
twenty years after the passage of this act, use or take the 
name of any trust company so merged, without the consent 
of the Old Colony Trust Company. 

Section 6. The Old Colony Trust Company shall not 
maintain after said merger more than one branch office. 

Section 7. This act shall take efi^ect upon its passage. 

Approved March 11, 1911. 

Cha2).129 An Act to regulate public lodging houses in certain 

CITIES. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter two hundred and 
forty-two of the acts of the year nineteen hundred and four, 
regulating public lodging houses in cities of over fifty thousand 
inhabitants, shall also apply to all buildings in said cities 
maintained for furnishing lodging to transient persons, and 
not licensed as an inn, in which ten or more persons are lodged, 
notwithstanding that no price is charged for lodging. 

Section 2. This act shall take efl'oct on the first day of 
June in the year nineteen hundred and eleven. 

Approved March 11, 1911. 

Chap.V'\0 An Act relative to the punishment ok persons who 

attempt to commit crimes. 

Be it enacted, etc., as folloics: 

^*'''*'"'" Clause Fourth of section six of (•lia])tcr two hundred and 

fifteen of the Revised Laws, which provides that punish- 



Certain lodg' 
ing houses 
reguhitcd. 



Time of 
taking effect 



Acts, 1011. — Chaps. 131, 132. 101 

ment by imprisonment for an attempt to commit a crime 
shall in no case exceed one half of the greatest punishment 
which might have been inflicted if the offence attempted 
had been committed, is hereby repealed. 

Approved March 11, 1911. 

An Act to authorize the city of new Bedford to incur (JJkijj 131 
indebtedness for the purpose of sewerage construc- * 

TION. 

Be it cjiacted, etc., as follows : 

Section 1. The city of New Bedford, for the purpose The city of 
of sewerage construction in that city, may incur indebted- may wrow^ 
ness beyond the limit fixed by law to an amount not exceed- fi"ney for 

, '^ 'J _ sewerage con- 

ing one hundred and fifty thousand dollars, and may issue struction. 

bonds, notes or scrip therefor. Such bonds, notes or scrip 
shall be payable within such periods, not exceeding thirty 
years from the dates of issue, and shall bear such rate of 
interest, not exceeding four per cent per annum, payable 
semi-annually, as the city council shall determine. Except Certain pro- 
as otherwise provided herein the provisions of chapter four VoayyXy. ^^ 
hundred and ninety of the acts of the year nineteen hundred 
and nine shall, so far as they may be applicable, apply to 
the indebtedness hereby authorized and to the securities 
issued therefor. 

Section 2. The city council of said city shall, at the Payment of 
time of authorizing said loan, provide for the payment ''"*°' 
thereof in such annual proportionate payments as will ex- 
tinguish the same within the time prescribed in this act; 
and thereafter, without further action by the city council, 
the amount required for such payments shall annually be 
assessed by the assessors of the city, in the same manner in 
which other taxes are assessed under the provisions of section 
thirty-seven of Part I of chapter four hundred and ninety 
of the acts of the year nineteen hundred and nine, until 
the debt incurred by the said loan is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved March 11, 1911. 

An Act to authorize the city of pittsfield to incur Cha?^.132 

ADDITIONAL INDEBTEDNESS FOR SEWERAGE PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Pittsfield, for the purposes men- Pittsfiew 

tioned in chapter three hundred and fifty-seven of the acts of LorirA^c^t of 

1911! 



102 



Acts, 1911. — Chap. IS.'^. 



Proviso. 



Payment of 
loan. 



the year eighteen lumdred and ninety and acts in amendment 
thereof or in addition thereto, may issue from time to time 
bonds, notes or scrip to an amount not exceeding two hundred 
thousand dollars in addition to the amounts heretofore author- 
ized by law to be issued by said city for sewerage purposes. 
Such bonds, notes or scrip shall bear on their face the words, 
Pittsfield Sewerage Loan, Act of 1911; 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 mayor 
of the city. The city may sell such securities at public or 
private sale upon such terms and conditions as it may deem 
proper: iwovided, that the securities shall not be sold for 
less than their par value. 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 anticipa- 
tion of the bonds hereby authorized. 

Section 2. The city shall at the time of authorizing the 
said loan provide for the payment thereof in such annual 
proportionate payments, beginning not more than five years 
after the first issue of any of such bonds, notes or scrip, as will 
extinguish the same within the time 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 said 
J)()nds, notes or scrip, and to make such payments on the 
j^riiicipal as may be required under the provisions of this 
act, shall, witliout further vote, be assessed by the assessors 
of the city in each year thereafter, in a manner siniilar to 
that in which other taxes are assessed under the provisions 
of section thirty-seven of Part I of chapter four hundred 
and ninety of tiie acts of the year nineteen hundred and nine, 
until the debt incurred by said loan is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved March 11, 1011. 



Chcq).lfl'l An Act to confirm the election of certain officers 

ELECTED BY TIIE TOWN OF PLYMOUTH. 

Be it enacted, etc., as foUows: 

Sru!in"»mcor8 Section 1. The election of town officers by the town of 

confinucd. Plymouth at the annual town meeting on the fourth day 

of March in the current year shall be valid notwithstanding 



Acts, 1911. — Chap. 134. 103 

the fact that the papers nominating certain of the said officers 
were not filed within the time required by law. 

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

Approved March 11, 1911. 

An Act relative to the boston firemen's relief fund. (Jj^q^j^ 2^34 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and eight of the acts 1909, sos, 
of the year nineteen hundred and nine is hereby amended "' ^^'^'^ 
by striking out section two and inserting in place thereof 
the following : — Section 2. The twelve members of the Boston Fire- 
fire department of the city of Boston mentioned in section Pund, eiec-*^^ 
one shall be elected by ballot by the members of the said bei"s°etc!'^'" 
department in the following manner : — On the second Mon- 
day of September in the year nineteen hundred and eleven 
there shall be elected twelve members, and no member of 
the said department shall vote for more than twelve. The 
four members receiving the largest number of votes shall 
serve for three years, the four receiving the next largest 
number of votes shall serve for two years, the four receiv- 
ing the next largest number of votes shall serve for one year. 
In case two or more members elected should receive an 
equal number of votes, those who are the seniors by terms 
of service in the said fire department shall for the division 
into classes hereby required be classified as if they had 
received the larger number of votes in the order of their 
seniority. Thereafter on the second Monday of September 
in each year there shall be elected by ballot four members 
to serve for a term of three years, and no member of the said 
fire department shall vote for more than four. The one 
member of the Boston protective department hereinafter 
mentioned shall be elected by ballot by the members of 
the said Boston protective department on the second Mon- 
day of September in the year nineteen hundred and eleven 
to serve for three years, and thereafter, triennially, on the 
said second Monday of September there shall be elected 
one member to serve for three years. No member of the 
Boston protective department shall vote for more than one. 
All said terms shall begin on the second Tuesday follow- 
ing the election. When a vacancy occurs in the member- 
ship of the corporation the remaining members shall elect 
by a majority vote a member of either of the aforesaid 
departments to fill the vacancy for the remainder of the 



ICM: Acts, 1911. — Chap. 135. 

year. The vacancy for tlic remainder of the unexpired term 
shall be filled at the next annual election. The corporation 
shall prescribe by by-laws the manner of conducting its 
annual elections. 

1909, 308 Section 2. Section three of said chapter three hundred 

and eight is hereby amended l)y striking out the words "of 
the twelve members above", in the fifth line, and inserting 
in place thereof the word: — herein, — so as to read as 

hiwreic^* follows: — Section 3. The corporation shall, subject to the 
approval of the fire commissioner of the city of Boston, 
adopt by-laws for the management of its property and for 
carrying out its i)urposes; and it shall annually, within 
sixty days after the election herein })rovided for, choose 
such officers as may be required by its by-laws. The cor- 
poration shall annually file a rejiort with the city clerk of 
the city of Boston and with the commissioner of corpora- 
tions showing in detail its assets and liabilities, its receipts 
of money or other property, the soiu'ce of such receipts, 
and a statement of all sums paid out for relief or for expenses, 
with the names of the persons receiving the same. 

anu^ided'' Section 3. Said chapter three hundred and eight is 

by addiiif; hcrcbv furtlicr amended bv adding at the end thereof the 



■j-« 



Additional following ucw scctiou: — Section 7. At the election pro- 
member. vidcd for by tliis act to be held on the second ■Monday of 

September in the year nineteen lumdred and eleven, there 
shall be elected in addition to the twelve members of the 
fire department of said city as ])rovided for in said act, 
one member of the Boston protective dei)artnicnt. 

Approved March 13, 1911. 



Chcip.lo^ An Act to provide for the protection of sources of 

WATER SUPPLY USED BY WATER SUPPLY DISTRICTS. 



100R. 409, 
§ 1, aiiu'iided 



Be it enacted, etc., as follows: 

Section 1. Section one of chapter foiu' hundred and 
ninety-nine of the acts of the year nineteen hundred antl 
eight is hereby amended by inserting after the word " towns ", 
in the first line, the words: — water supj^ly, — so as to read 
Protection of as foUows: — Sectlon 1. Cities, towns, water supply ami 
wauVsuppiy. fire districts duly established by legislative authority may, 
with the consent and approval of the state board of health, 
given after due notice and a hearing, take, or accjuire by 
l)urchase or otherwise, anil hold any huuls, buildings, rights 



Acts, 1911. — Chap. 135. 105 



of way and easements within the w^atershed of any pond, 
stream, reservoir, well or other water used by them as a 
source of water supply, which said board may deem neces- 
sary to protect and preserve the purity of the water supply. 

Section 2. Section two of said chapter four hundred and §^P^amended. 
ninety-nine is hereby amended by inserting after the word 
"town", in the second line, the words: — water supply, — 
so as to read as follows: — Section 2. If any lands, build- Sk'nii^Ia" 
ings, rights of way or easements are taken under authority *.g);^"^Jj ''J^,. 
hereof the city, town, water supply or fire district shall, 
within ninety days thereafter, file and cause to be recorded 
in the registry of deeds for the county or district in which 
the same are situated, a description thereof sufficiently accu- 
rate for identification, with a statement of the purpose for 
which the same are taken, signed by the water connuission- 
ers of said city, town or district. Upon the filing of said 
description and statement the title in fee simple to the lands, 
buildings, rights or easements so taken, shall vest in the 
city, town or district. All huuls taken, purchased or other- 
wise acquired under the provisions of this act shall be under 
the control of the board of water commissioners of the city, 
town or district acquiring the same, wdio shall manage and 
improve them in such manner as they shall deem for the 
best interest of the city, town or district. 

Section 3. Section five of said chapter four hundred l^rf^^ntended 
and ninety-nine is hereby amended by inserting after the 
word "town", in the first and tenth lines, the words: — 
water supply, — so as to read as follows: — Section 5. After valuation of 
the actual taking by a city, town, water supply or fire dis- e't" ^ ''"' 
trict of property in another city or town for the purposes 
of this act, the same may be valued by the assessors of the 
city or town in which such property is situated on the basis 
of the average of the assessed value of the land and buildings 
for the three years preceding the acquisition thereof, the 
valuation for each year being reduced bv all abatements 
thereon; but any part of such land or buildings from which 
any revenue in the nature of rent is received shall be sub- 
ject to taxation, and the city, town, water supply or fire 
district acquiring such property shall pay to the city or 
town in which it is situated taxes or sums in lieu of taxes 
at the rate per thousand of all taxes in such city or town 
for that year on the valuation so determined. Cases of dis- 
pute as to valuations arising under this act shall be governed 
by the provisions of sections eleven and twelve of chapter 



106 Acts, 1911. — Ciiapr. 136, 137. 

twelve of the Revised Laws, and of all amendments thereof 
now or hereafter made. 
Section 4. This act shall take effect upon its passage. 

Approved March 13, 1911. 

Chaj^.l^G An Act to include the twelfth day of October, known 

AS COLUMBUS DAY, IN THE LIST OF LEGAL HOLIDAYS. 

Be it enacted, etc., as follows: 

amended. ^' The ninth clause of section five of chapter eight of the 

Revised Laws is hereby amended by inserting in the fourth 
line, before the words "Thanksgiving day", the words: — 
the twelfth day of October, — and also by inserting after 
the word "mentioned", in the fifth line, the words: — the 
twelfth day of October, — so that the said clause will read 

Legal as follows: — Ninth. The words "legal holiday" shall in- 

*^^' elude the twenty-second day of February, the nineteenth 

day of April, the thirtieth day of May, the fourth day of 
July, the first Monday of September, the twelfth day of 
October, Thanksgiving day and Christmas day, or the day 
following when any of the four days first mentioned, the 
twelfth dav of October or Christmas dav occurs on Sundav ; 
and the public offices shall be closed on all of said days. 

Approved March IS, 1911. 

Ghap.ViVi An Act to provide for the pensioning of members of 

THE POLICE department OF THE CITY t)F WORCESTER WHO 
ARE veterans OF THE CIVIL WAR. 

Be it enacted, etc., as follows: 

berfonr"' Section 1. The mayor and the board of aldermen of 
police depart- i[^q (.j^y Qf Worccstcr sIkiH, at his own reciuest, retire from 
Worc.st.r active service and place upon a pension roll any member 
pensioned. of the poHcc department of that city who ser\'ed in the 
military or naval service of the rnitod States in the civil 
war and who was honorably discharged therefrom, and who 
has performed faitliful service in said ])()]i(e departineiit for 
not less than twenty years continuously. Every member 
so retired shall receive annually as a pension one half of the 
amount received by him at the time of his retirement. Such 
})ensi()iis shall be i)aid by the city, which is hereby author- 
ized to a])propriate money tlierefor. 
sJi"vice^"'^^ Section 2. The mayor of said city is hereby authorized, 

ill case of an emergency, to call iii)on any j)er.soii so pen- 



Acts, 1911. — Chaps. 138, 139. 107 

sloned for such temporary service in the police department 
as he may be fitted to perform, and during such service he 
shall be entitled to full pay. 

Section 3. This act shall take effect upon its acceptance 
by the city council of the city of Worcester. 

A J) proved March 14, 1911. 

An Act relative to the sagamore water company. Chap.138 
Be it enacted, etc., as follows: 

Section 1. Section seventeen of chapter six hundred and \^^f' ^^^' 
eighteen of the acts of the year nineteen hundred and eight amended. 
is hereby amended by striking out the word "three", in 
the fourth line, and inserting in place thereof the word : — 
six, — so as to read as follows: — Section 17. This act shall JjlJ^nded. 
take effect upon its passage, but shall become void unless 
said water company shall have begun to distribute water 
through its pipes to consumers in said town within six years 
after the date of its passage. 

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

Approved March 14, 1911. 

An Act to provide for widening a part of mount auburn Chap.Vd^d 

STREET AND TO AUTHORIZE THE PROPRIETORS OF THE CEME- 
TERY OF MOUNT AUBURN, THE CITY OF CAMBRIDGE AND THE 
TOWN. OF WATERTOWN TO MAKE CERTAIN CONTRACTS. 

Be it enacted, etc., as follows: 

Section 1. In order to make the southerly line of Mount straightening 
Auburn street in Cambridge as nearly straight as may be ?4uburn 
practicable, and continuous with the southerly line of Mount cambr/dge. 
Auburn street in Watertown, as established by order of the 
county commissioners of the county of IMiddlesex widening 
said street and the bridge over the tracks of the Watertown 
branch of the Fitchburg railroad, the said county commis- 
sioners, at any time within two years after this act takes 
effect, may take or acquire by purchase or otherwise, and 
hold, lay out, maintain and improve for street purposes the 
whole or any part of a parcel of land belonging to the Pro- 
prietors of the Cemetery of Mount Auburn and bounded 
and described as follows: — Beginning on the southerly line Description 
of Mount Auburn street in Cambridge at the westerly cor- bettken" 
ner of land of the said Proprietors of the Cemetery of Mount 
Auburn and at the easterly line of the Watertown branch 



108 



Acts, 1911. — Chap. 139. 



Taking to be 
recorded. 



Damages. 



Payment of 
costs, etc. 



Authority 
granted not 
to be exereiscd 
unless, etc. 



Certain 
parties may 
coiitrart with 
each other, 
etc. 



of the Fitchburg railroad, thence running easterly along and 
bounded by the said southerly line of ]Mount Auburn street 
two hundred and sixty-two and eleven hundredths feet; 
thence running westerly by a curved line of one thousand 
seventeen and twenty-four hundredths feet, radius one hun- 
dred and ninety-nine and thirty-eight hundredths feet; 
thence running westerly in a straight line eighty-eight and 
ninety-three Iiundredths feet to the easterly line of the loca- 
tion of the Watertown branch of the Fitchburg railroad; 
thence running northeasterly by the easterly line of said 
location forty-one feet. Said parcel is shown on a plan 
drawn by the city engineer of Cambridge, dated the twenty- 
sixth day of January, eighteen hundred and ninety-eight, 
and recorded in the registry of deeds for the southern dis- 
trict of the county of Middlesex in book of plans number 
one hundred and eleven, plan seven. 

Section 2. Said county commissioners shall within sixty 
days after taking or acquiring said land, otherwise than by 
purchase or gift, cause to be recorded in the registry of 
deeds for the southern district of the countv of Middlesex 
a description and a plan of the land taken, with a state- 
ment of the purpose for which the same is taken, which 
statement shall be signed by the said county commissioners. 

Section 3. The estimation of damages, if any, caused 
by said taking, and the recovery of such damages shall in 
all respects be made and had in the manner provided by 
law in the case of land taken for the laying out of a highway. 

Section 4. The charges, expenses, damages and costs 
caused by, incident to and arising out of said taking and 
the improving of said land for street purposes, and of making 
any widening of the bridge over the tracks of the Watertown 
branch of the Fitchburg railroad which mav be rendered 
necessary or desirable by the taking of said land, which 
widening the said county commissioners are hereby author- 
ized to make, shall be paid by the city of Cambridge and 
the town of Watertown. 

Section 5. The said county commissioners shall not 
exercise the authority hereinbefore grantetl unless the city 
of Cambridge should fail, within one year after the passage 
of this act, to acquire title to said })arcel of land by purchase 
from or agreement with the Pr()])riot()rs of the Cemetery of 
]\lount Auburn as hereinafter proN'ided. 

Section 6. At any time within one year after the pas- 
sage of this act the Proprietors of the Cemetery of Moimt 



Acts, 1911. — CiiAr. 139. 109 

Auburn, hereinafter called the corporation, and the city of 
Cambridge may contract with each other upon terms which 
shall provide, in substance, that the corporation shall con- 
vey to said city for street purposes the parcel of land described 
in section one of this act, for such price as may mutually be 
agreed upon, and that the city shall at its expense lay out 
and improve the same for street purposes, and the small 
parcel of land lying westerly thereof and between it and the 
location of the Watertown branch of the Fitchburg rail- 
road and heretofore taken by the county commissioners of 
IVIiddlesex county for street purposes, and that said city 
shall also at its expense widen the bridge over the tracks of 
the Watertown branch of the Fitchburg railroad to con- 
form with the original plan and order of said county com- 
missioners for the widening of Mount Auburn street, so 
far as said railroad company, or its lessors, the Boston and 
Maine Railroad, may not be required by existing law to 
defray the expense of such widening of the bridge. Any Contract to 
contract so made shall be approved, in behalf of the cor- ^^ approved. 
poration, by vote of its trustees, and in behalf of the city 
it shall be approved in the same manner in which a contract 
by said city for the purchase of land for street purposes 
is required to be approved. 

Section 7. Said corporation and the town of Watertown, Certain land 
in the event of the purchase or acquiring of said parcel of "uded^wuhin 
land described in section one of this act by the city of Cam- ofniuTt*^''^ 
bridge, may from time to time contract with each other Aubum. 
upon terms providing, in substance, that, in consideration 
of the payment of a specified sum by the corporation to said 
town in lieu of all future taxes thereon, which sum shall 
mutually be agreed upon, or for such other consideration 
as may mutually be agreed upon, said corporation may 
include within the limits of said cemetery the whole or any 
part of the land now or hereafter owned by said corporation 
and abutting on said cemetery, and may inclose the same 
by a fence, and may use the same for the interment of human 
remains or of the ashes of the dead, and for all other lawful 
purposes of said corporation: iwovided, that the consent of Proviso, 
the board of health of said town and of the state board of 
health is first obtained for including such land wathin the 
limits of said cemetery. Any such contract shall be ap- 
proved, in behalf of said corporation, by vote of its trustees, 
and shall be authorized, in behalf of said town, by the voters 
at a town meeting of said town duly called; and any and 



110 Acts, 1911. — Chaps. 140, 111. 

all such contracts shall be recorded in the registry of deeds 
for the southern district for the county of INIiddlesex. 

Section 8. This act shall take effect upon its passage. 

Apjyroved March 14, 1011. 

Cha2^.14:0 An Act to enlarge the usefulness of the free public 

LIBRARY SYSTEM. 

Be it enacted, etc., as follows: 

townplibiic Section 1. Any free city or town public library may 

jl^'-r-iiies^inay lend its books or other library material to any other free 

etc., to other public library in any city or town, under such conditions 

tow!fs°etc. and regulations as may be made in writing by the board 

of trustees or other authority having control of the library 

so lending. Any city or town may raise money to pay the 

expense of so borrowing books and other library material 

from the library of any other city or town. Nothing herein 

contained shall be construed to restrict or modify any power 

w'hich any city or town, or any board of trustees or other 

authority in control of any free public library, now has 

to lend to, or permit the use of its books by, persons not 

citizens of such city or town. 

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

Approved March 14, 1911. 

Chap.l4:l An Act to authorize the town of swampscott and the 

city of LYNN TO ENTER INTO AN AGREEMENT FOR THE 
DRAINAGE OR DISPOSAL OF SEWAGE FROM CERTAIN LAND. 

Be it enacted, etc., as follows: 

pS^hiUio Section 1. The town of Swampscott by its water and 

town of sewerage board and the city of Lvnn mav enter into an 

and the city agreement or agreements for the drainage or disposal of 
sewage from land or premises situated in either said town 
or said city near the boundary line separating Swampscott 
and Lynn, and either of said nuniiciixilities may j)ermit 
the other, or residents or })roperty owners thereof, with the 
approval of said town or city, to make such connections 
with the sewers now or hereafter to be constructed by the 
said town or city, as may be required for such disposal, 
upon such terms and conditions as may be agreed upon 
from time to time between said town and city as herein 
provided. 



Acts, 1911. — Chaps. 142, 143. Ill 

Section 2. Residents or property owners whose land or Assessments, 
premises shall be connected with the public sew^ers of Swamp- 
scott or Lynn, under the provisions of the preceding section, 
shall be assessed by the town or city in which the land or 
premises lie, under the general or special laws now in force. 

Section 3. This act shall take effect upon its passage. 

Approved March 14, 1911. 

An Act to provide for a public boat landing on mystic Chap.l4:2 

RIVER in the CIIARLESTOWN DISTRICT OF THE CITY OF 

boston. 
Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized to Boat landing 
construct and maintain a public boat landing on Mystic rrv^f^*"' 
river at Dewey beach, in Medford street, in the Charlestown 
district of said city, and to appropriate therefor the sum of 
three thousand dollars. 

Section 2. This act shall take effect upon its acceptance Time of 
by the city council of the city of Boston. taking effect. 

Approved March 14, 1911. 

An Act relative to the appointment of inspectors of C7iap.lV3 

animals. 

Be it enacted, etc., as follows: 

Section 1. Chapter ninety of the Revised Laws is hereby r. l. oo, § 12, 
amended by striking out section twelve and inserting in '*™'^° 
place thereof the following: — Section 12. The mayor and aSiS^ap"' 
aldermen in cities, except Boston, and the selectmen in towns pointme'nt, 
shall annually, in March, nominate one or more inspectors 
of animals, and before the first day of April shall send to 
the chief of the cattle bureau of the state board of agri- 
culture the name, address and occupation of each nominee. 
Such nominee shall not be appointed until approved by the 
chief of the cattle bureau of the state board of agriculture. 
The aforesaid officials of cities and towns may remove any 
inspector, and shall thereupon immediately nominate another 
in his place and send notice thereof as prescribed above. 

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

Approved March I4, 1911. 



112 



Acts, 1911. — Chaps. 144, 145. 



Reserve 
police force 
in the town 
of Revere. 



Appointment 
of members. 



Chap.l4:4: An Act to provide for the appointment of a reserve 

POLICE FORCE IN THE TOWN OF REVERE. 

Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Revere may 
from time to time as authorized by said town, and inidcr 
such rules as the civil service commissioners may prescribe, 
appoint suitable persons to constitute a reserve police force 
for the town. 

Section 2. One member of said reserve force shall be 
appointed for every three members of the regular police 
force at the time of the passage of this act, and one may 
be added after each increase of three in the regular police 
force. 

Section 3. All appointments to the regular police force 
of said town shall be made from the reserve police force, 
under such rules as the civil service commissioners may pre- 
scribe; and service on the reserve police force for not less 
than six months shall be deemed to be equivalent to the 
probationary period now required by the rules of the said 
commissioners. 

Section 4. The members of the said reserve police force 
shall when on duty be paid by the town such compensation, 
not exceeding two dollars and seventy-five cents a day, as 
the selectmen may prescribe. 

Section 5. This act shall take effect upon its passage. 

Approved March 15, 1911. 



Appoint- 
ments to reg- 
ular force. 



Compensa- 
tion. 



Cha2).14:5 An Act relative to the rank of chiefs of staff depart- 
ments IN THE MILITIA. 

Be it enacted, etc., as follows: 

Section 1. The rank of the chief of the inspector gen- 
eral's department, judge advocate general's department, 
quartermaster's department, subsistenc-e department, pay 
department, ordnance department and medictd department 
shall not be higher than that of colonel. 

Section 2. The chiefs of these departments shall be 
commissioned with such title and grade as may be neces- 
sary to conform to the requirements of the laws of the United 
States. 

Skction 3. This act sliall not operate to reduce the rank 
of any ofKcer now serving as chief in any of the above named 



Rank of 
chiefs of 
staflf depart- 
ments in the 
militia. 



Title and 
grade, etc, 



Present rank 
not to be 
reduced. 



Acts, 1911. — Ciiap. 146. 113 



departments, but shall become effective in each department 
when the present incumbent dies, resigns, retires or is 
removed in accordance with law. 

Section 4. The chief of each respective department Powers and 

11' 11 nil- 1 1 !• • duties of 

shall act as and have all the duties, powers and obligations chiefs. 
prescribed by law for the inspector general, judge advocate 
general, quartermaster general, commissary general, pay- 
master general, chief of ordnance and surgeon general, 
respectively. 
Section 5. This act shall take effect upon its passage. 

Approved March 15, 1911. 



An Act to authorize cities and towns to establish nj^n^ -\aq 

ART commissions. ■^* 

Be it enacted, etc., as follows: 

Section 1. Cities and towns may, except where their EstabUsh- 
charters make special provisions therefor, establish art com- l?J,mm?fsL'^^s. 
missions in accordance with this act. 

Section 2. Within sixty days after the acceptance of Appointment 
this act by a city or town, the school committee, the board of the com- 
of trustees of the public library and the board of park com- ™'^^'°'^^- 
missioners, or the officials of three similar boards to be des- 
ignated by the city or town at the time of the acceptance 
of this act, shall each send in writing to the mayor or the 
selectmen the names of two citizens of the city or town, 
and the mayor or selectmen shall, as soon as may be, appoint 
from the persons so nominated an art commission of three 
members to serve without compensation, one to serve until 
the first day of IMay succeeding the appointment, one to 
serve for one year from said first of May, and one to serve 
for two years from said first of May. Thereafter, prior to 
the first day of April in each year, the officials of the several 
boards as designated shall each send in writing to the mayor 
or selectmen the name of one citizen of the city or town, 
and the mayor or selectmen shall, from the persons so nomi- 
nated, appoint one member of an art commission to serve 
for a term of three years from the first day of May in that 
year or until a successor is appointed and qualified. 

Section 3. No municipal structure shall be erected in aii designs 
any city or town which has accepted the provisions of this p°oved^bythe 
act unless the design therefor shall have been approved in commission, 
writing by a majority of the members of the art commission, 



114 



Acts, 1911. — Chap. 147. 



Placing of 
works of art, 
etc., on pub- 
lic highways. 



Penalty. 



Removals, 
etc. 



Time of 
taking effect. 



or unless said commission shall have failed to disapprove 
in writing the design within thirty days after its submission. 

Section 4. No work of art or ornament, or object of 
utility except ordinary public watering troughs or ordinary 
drinking fountains, not works of art or ornament, and the 
authorized structures of public service corporations, shall 
be placed on any public ways or lands excepting cemeteries, 
nor shall any work of art or object of ornament or decora- 
tion be placed in or upon any public or municipal building 
or be removed, relocated or altered, except in compliance 
with the terms of section three of this act. 

Section 5. Any person violating the provisions of this 
act shall be punished by a fine not exceeding two hundred 
dollars. 

Section 6. The members of the art commission appointed 
under this act may be removed in cities by a vote of two 
thirds of the city council and in towns by a vote of two 
thirds of the voters at an annual town meeting duly called 
for the purpose; and thereafter this act shall not apply to 
such city or town unless again accepted as provided in 
section seven. 

Section 7. This act shall take effect in cities upon its 
acceptance by the city council and in towns it shall take 
effect upon its acceptance by the voters of the town at an 
annual town meeting. For the purpose of submitting this 
act to cities and towns, it shall take effect upon its passage. 

Approved March 17, 1011. 



Suits against 

executors, 

etc. 



Cha2).147 An Act relative to suits against executors, admin- 
istrators, trustees and guardians. 

Be it enacted, etc., as follows: 

Section 1. An action founded on any contract hereto- 
fore made or act heretofore done by any person acting as 
the executor, administrator or other legal representative of 
the estate of a deceased person, or by any i)erson acting as 
trustee or guardian, shall be brought within two years after 
the passage hereof; and if founded upon any contract made 
or act done subsequent to the passage of this act, such action 
shall be brought within two years after the right of action 
accrues: provided, hoicrvrr, that nothing herein shall be con- 
strued as extending the limitation of time within which an 
action must be brought on any cause of action now exist- 
ing, or as applying to actions upon i)robate bonds, or to 



Proviso. 



Acts, 1911. — Chaps. 148, 149, 150. 115 

actions in favor of the estate of which such person shall 
have been such legal representative, or to actions in favor 
of a beneficiary or ward, or to actions brought by the com- 
monwealth. 

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

Approved March 17, 1911. 

An Act to authorize the board of bank incorporation Chap.\iS> 
TO revoke certain certificates. 

Be it enacted, etc., as follows: 

Section 1 The board of bank incorporation is hereby certificates 
authorized to revoke any certificate granted under chapter tion"ort?ust 
three hundred and seventy-four of the acts of the year ^^/^^^^^ 
nineteen hundred and four for the incorporation of a trust revoked. 
company, provided that the company was not incorporated 
pursuant to the certificate prior to the first day of January 
in the year nineteen hundred and ten. 

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

Approved March 17, 1911. 

An Act to authorize the town of falmouth to appro- ChapA'i:9 
priate money for the purpose of advertising the 
advantages of the town. 

Be it enacted, etc., as follows: 

Section 1 The town of Falmouth is hereby authorized PafmoTth"^ 
to appropriate annually a sum of money not exceeding one may appro- 

, ^ '^ , , ,, PI p • 1 • priate money 

thousand dollars, tor the purpose of promotnig the mterests for advertis- 
of the town by advertising its attractions, advantages and '°^ 
other matters tending to advance the interests of the town. 
Section 2. This act shall take effect upon its passage. 

Approved March 17, 1911. 

An Act relative to the fees of magistrates for the Chap A 50 
examination of sureties, approval of bonds and tak- 
ing OF recognizances. 

Be it enacted, etc., as follows: 

Section 1. The fees of magistrates for the examination Fees for 

i> ,• 1 li?ii j?j.1j.i' i? examination 

oi sureties and approval of bonds or tor the takmg of recog- of sureties, 
nizances shall be in each case the sum of two dollars for the ^^'^' 
citation, if any, and the first day's hearing, and two dollars 
in addition for each and every adjournment thereof. These 
fees shall be paid in advance. 



116 Acts, 1911. — Chaps. 151, 152. 

« 

Repeal. Section 2. The provisions of section five of chapter 

eighty-two, sections one hundred and eighteen and one 
hundred and twenty-two of chapter one hundred and sixty- 
seven, section seventy-five of chapter one hundred and sixty- 
eight, section four of chapter one hundred and sixty-nine, 
section sixty-five of chapter one hundred and eighty-nine, 
section seventeen of chapter one hundred and ninety, section 
twenty-eight of chapter one hundred and ninety-seven of 
the Revised Laws, and chapter two hundred and thirty- 
seven of the acts of the year nineteen hundred and nine, 
and of any other act, in so far as they are inconsistent with 
the provisions of this act, are hereby repealed. 
Section 3. This act shall take effect upon its passage. 

ApjJroved March 17, 1911. 

Chajp.151 An Act relative to work in mills and factories upon 

LEGAL HOLIDAYS. 

Be it enacted, etc., as follows: 

^ins^et"., on Section 1. No employee shall be required to work in 
holidays. r^j^y j^[\\ qj, factory on any legal holiday, except to perforin 

such work as is both absolutely necessary and can lawfully 
be performed on the Lord's day. 
Penalty. Section 2. Whoever violates the i)rovisions of this act 

shall be punished by a fine not exceeding fi\e hundred dol- 
lars. Approved March 17, 1911. 

Chap.\^2 An Act relative to the powers of the cherry valley 

and ROCHDALE WATER DISTRICT. 

Be it enacted, etc., as follows: 

§^7^,'^amended. Scction scvcu of cliaptcr thrcc hundred and eighty-one 
of the acts of the year nineteen hundred and ten is hereby 
amended by striking out the words "five hundred", in the 
eighth line, and inserting in place thereof the words: — four 
Contracts for tliousaud, — SO as to read as follows: — Scction 7. Said 
water, etc. district iiiay make such contracts with individuals, corpora- 
tions, 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 cori)()rate limits of said district; and may extend its 
pipes into the town of Oxford for a distance not exceeding 



Acts, 1911. — Chap. 153. 117 

four thousand feet from the boundary Hne between the towns 
of Leicester and Oxford, subject to the direction of the select- 
men of the town of Oxford. Approved March 17, 1911. 

An Act to authorize the fire district in the town (Jjinjj ^53 

OF DALTON TO TAKE WATER FROM A CERTAIN BROOK AND 
ITS WATERSHED IN THE TOWN OF PERU. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and nine 1910, 409, 
of the acts of the year nineteen hundred and ten is hereby ^ ^' '*™''"'^'"^- 
amended by strildng out the word "town", in the sixth 
Hne, and inserting in place thereof the word: — towns, — 
and by inserting after the word "Hinsdale", in the sixth 
line, the words: — and Peru, — and by inserting after the 
word "Hinsdale", in the eighth, twelfth and thirty-fourth 
lines, the word : — Peru, — so as to read as follows : — 
Section 1. The fire district of the town of Dalton, for the Waters of 
purposes mentioned in section one of chapter one hundred brook*inthe 
and thirty-seven of the acts of the year eighteen hundred Hkig^fj^'je 
and eighty-four, may take or acquire by purchase or other- f^^-J^^^ ^ 
wise and hold the waters of Cady brook, so-called, in the 
towns of Hinsdale and Peru, and for the purpose of connect- 
ing the same with its existing works may extend the water 
pipes of said district into the towns of Hinsdale, Peru 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, Hins- 
dale, Peru and Windsor which may be necessary for collect- 
ing, storing, holding, purifying and preserving the purity 
of the water and for conveying the same to any part of said 
district: provided, however, that no source of water supply proviso, 
and no lands necessary for preserving the quality of such 
water, shall be taken or used without first obtaining the 
advice and approval of the state board of health, and that 
the location of all dams, reservoirs, 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, build- 
ings, fixtures and other structures, and may make excava- 
tions, procure and operate machinery, and provide such 
other means and appliances and do such other things as 



118 



Acts, 1911. — Chap. 153. 



1910, 409, 
§ 4, amended. 



Dalton Fire 
District 
Water Loan, 
Act of 1910. 



Proviso. 



may be necessary for the establishment and maintenance of 
complete and effective water works; and for that purpose 
may construct wells and reservoirs and establish pumping 
works, and may construct, lay and maintain aqueducts, 
conduits, pipes and other works under or over any land, 
water courses, railroads, railways and public or other ways, 
and along such ways in the towns of Dalton, Hinsdale, 
Peru or Windsor, 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; 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, pipes or other works within the loca- 
tion of any railroad corporation, except at such times and 
in such manner as it may agree upon with such corporation, 
or, in case of failm*e so to agree, as may be approved by the 
board of railroad commissioners. 

Section 2. Section four of said chapter four hundred 
and nine is hereby amended by striking out the word "four", 
in the ninth line, and inserting in place thereof the words: — 
four and one half, — so as to read as follows: • — Section I^. 
Said fire district, for the purpose of paying the necessary 
expenses and liabilities incurred under the 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, Dalton 
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 payable semi-annually 
at a rate not exceeding four and one half per cent per annum; 
and shall be signed by the treasurer of the district and 
countersigned by the water commissioners. Said district 
may sell such securities at public or private sale, or pledge 
the same for money borrowed for the purposes of this act, 
upon such terms and conditions as it may deem i)roper: 
yromded, that such securities shall not be sold for less than 
the par vakie thereof. 

Section 3. This act shall take elleet upon its ])assage. 

.ipproped March 17, 1011. 



Acts, 1911. — Chaps. 151, 155, 156. 119 



An x\ct relative to returns of inventories of state (Jjid^j 254 

INSTITUTIONS UNDER THE GENERAL SUPERVISION OF THE 
STATE BOARD OF CHARITY. 

Be it enacted, etc., as follows: 

Section 1 . Chapter eighty-four of the Revised Laws is r. l. 84, § 7, 
hereby amended by striking out section seven and inserting ^™'?"*i*^"i- 
in place thereof the following: — Section 7 . The trustees inventory, 
of every institution under the general supervision of the ^^'^' 
board shall annually cause an accurate inventory of the 
stock and supplies on hand, and the value and amount 
thereof at the institution, to be made on the thirtieth day 
of November, and to be sent to the board on or before the 
third Wednesday in December. 

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

Aijproved March 17, 1911. 

An Act to relieve the city of waltham from obliga- ni^nj. 155 

TION TO build a CITY HALL ON CERTAIN LAND PURCHASED ^ ' 

FOR THAT PURPOSE. 

Be it enacted, etc., as folloios: 

Section 1. It shall not be obligatory on the city of waith!im''re- 
Waltham to build a city hall upon the parcel of land con- iieved from 
veyed by the deed of the Boston Manufacturing Company, to buiid a 
dated December thirtieth, eighteen hundred and eighty-six, ^^^^ a , e c. 
notwithstanding the fact that it was purchased by the city 
for the purpose of building a city hall thereon, and that 
bonds of the city entitled "City Hall Location Loan", to 
the amount of forty-seven thousand dollars, were issued to 
provide for payment for the land, the said bonds having 
been paid and cancelled. 

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

Approved March 17, 1911. 

An Act to authorize the town of holbrook to refund ChaT)'^^^ 
certain indebtedness. 

Be it enacted, etc., as follows: 

Section L For the purpose of paying or refunding cer- Hoibrook 
tain indebtedness representing the excess of the amounts Eoln^Act^ 
of notes heretofore issued by the town of Holbrook in an- °^ ^^^^• 
ticipation of taxes over and above the present amount of 



loan 



120 Acts, 1911. — Chap. 157. 

uncollected taxes, and of paying or refunding; certain demand 
notes issued heretofore by the said town and amounting to 
sixteen thousand ninety-eight dollars and ninety-two cents, 
said town is hereby authorized to issue notes or bonds to 
be denominated on the face thereof, Ilolbrook Refunding 
Loan, Act of 1911, to an amount not exceeding twenty-two 
thousand dollars. The said notes or bonds shall be ])ayable 
within i)eriods not exceeding twenty years from their date, 
and shall bear such rate of interest as the town may deter- 

Paymentof mine. Tlic towu shall, at the time of authorizing said loan, 
provide for the payment thereof in such annual proportionate 
payments, begimiing in the year nineteen hundred and 
eleven, as will extinguish the same within the time pre- 
scribed by this act; and when a vote to that efl'ect 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 extinguished. The town shall also raise anniially 
by taxation a sum sufficient to pay the interest as it accrues 
on the notes or bonds issued under autliority of this act. 

ukiugeffect. Section 2 This act shall take eft'ect upon its accejitance 
by a two thirds vote of the voters of the town present and 
voting thereon at an amuial town meeting or at a special 
town meeting called for the purpose. 

Approved March 17, 1911. 

CIiapAUl An Act making appropriations for sundry sinking 

FUNDS AND SERIAL BONDS. 

Be it enacted, etc., as follows: 

Appropria- Section 1. The sum of five hundred and eleven thou- 

sand five hundred twenty-four dollars and thirty-three cents 
is hereby a])pr()])riated, to be paid out of the treasury of 
the conunonw(>alth from the ordinar\- revenue, for the benefit 
of the following sinking fimds, to wit: — 
Armory Loan For tlic Ariuorv Loau Sinking Fund, the sum of fifty 
Kund. thousand five lunulred and thirty-three dollars. 

Tfiirbor For tlic Ilarbor Inij)r()\ement Loan Sinking Fund, the 

LoaiVsrnk siuu of twcnt \-tlircc hundred and fift^■-thrce di>llars. 
''^l\l"l\\ I'^oi- the Medfield Insane Asvlum Loan Sinking Fund, the 

Mcdfiild In- 1 ' • 1 1 1 1 /> 1 11 

Kimc Asyiuiu suiH oi twcuty-two thousaud nme liundred and nve doUars. 
inL'"i''und. For the Metrojxjlitan Larks Loan Sinking Fund, boule- 

M.tn.imiitnn yards, oiic luilf, tlic sum of tliirtv thousand five hundred 

rtirks Loan i i • • i i ii 

Sinking I'lind. and thu'tv-oight doluiFS. 



Acts, 1911. — Chap. 158. 121 

For the Prisons and Hospitals Loan Sinking Fund, the prisons and 
sum of one hundred and ten thousand three hundred and Loan sink- 
fifteen dollars. ingPund. 

For the State Highway Loan Sinking Fund, the sum of JaTijJaf ' 
sixty-eight thousand four hundred and twenty-nine dollars, sinking Fund. 

For the State House Loan Sinking Fund, the sum of fifty- state House 
eight thousand six hundred and eighteen dollars. in^gPund. 

SERIAL BONDS. 

For Suffolk County Court House, due March first and oounJy Court 
September first, nineteen hundred and eleven, ten thousand House serial 
three hundred thirty-three dollars and thirty-three cents. 

For State Highway, due April first and October first, state Hjgh- 
nineteen hundred and eleven, eighty-six thousand dollars. bonds. 

For Abolition of Grade Crossings, due November first, Abolition of 
nineteen hundred and eleven, seventeen thousand dollars, ing^s s^eria^^ 

For Armories, due September first, nineteen hundred and 'f""^^-. 
eleven, ten thousand dollars. serial bonds. 

For Prisons and Hospitals, due November first, nineteen Prisons and 
hundred and eleven, twelve thousand dollars. serfifi'bonds. 

For Marblehead Breakwater and Highway, due November Marbiehead 
sixteenth, nineteen hundred and eleven, thirty-two thousand and'niehway 
five hundred dollars. ^ serial bonds. 

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

Approved March 17, 1911. 



An Act to authorize the extension of the service of Chap.158 

THE free employment OFFICE OF THE BUREAU OF STA- 
TISTICS SO AS TO PROVIDE FOR THE BETTER DISTRIBUTION 
OF IMMIGRANTS. 

Be it enacted, etc., as follows: 

Section three of chapter five hundred and fourteen of the i909, 5i4, 
acts of the year nineteen hundred and nine is hereby amended ' *°^®° 
by adding at the end thereof the following : — Said super- 
intendents shall also receive applications from alien immi- 
grants seeking employment in agricultural labor and from 
those desiring to employ immigrants in agricultural labor, 
and shall take such other action as the director may deem 
best to promote a more general distribution of alien immi- 
grants throughout the agricultural sections of the common- 
wealth, — so as to read as follows: — Section 3. The Duties of 
superintendents of said employment offices shall receive ents'of'*^'^*^ 



122 Acts, 1911. — Chaps. 150, IGO. 

employment applications from those seeking employment and from those 
o ces, e c. desiring to employ, and shall register them in such manner 
as may be prescribed by the director of said bureau, and 
shall take such other action as the director may deem best 
to promote the purposes of said offices. Said superin- 
tendents shall also receive applications from alien immi- 
grants seeking employment in agricultural labor and from 
those desiring to employ immigrants in agricultural labor, 
and shall take such other action as the director may deem 
best to promote a more general distribution of alien immi- 
grants throughout the agricultural sections of the common- 
wealth. Approved March 17, 1911. 

Chcqj.l^d An Act to authorize the town of milfoud to incur 

ADDITIONAL INDEBTEDNESS FOR SEWERAGE PURPOSES. 

Be it enacted, etc., as follows: 

spwerage Section 1. The town of ]\Illford, for the purpose of 

^f'lo'n*^' completing and extending its system of sewerage may from 
time to time issue bonds to be denominated on the face 
thereof, Milford Sewerage Loan, Act of 1911, to an amount 
not exceeding thirty thousand dollars, bearing interest at 
a rate not exceeding fixe per cent per annmn. The said 
amount shall be in addition to the fifty thousand dollars 
authorized to be borrowed for the same purpose by chapter 
two hundred and sixty of the acts of the year nineteen 
hundred and eight. Plxcept as hereinbefore pro\ided, the 
provisions of sections six, seven and eight of chajiter three 
hundred and forty-three of the acts of the year nineteen 
hundred and six shall apply to the bonds hereby authorized. 
Section 2. This act shall take eft'ect upon its passage. 

Approved March 17, 1911. 

Chap.V)0 An Act relative to deposits in lieu of sureties by 

PERSONS HELD IN CUSTODY AS WITNESSES OR UPON CRIMI- 
NAL CHARGES AND ENTITLED TO BE RELEASED ON BAIL. 

Be it enacted, etc., us foUoics: 

^\j^^- 21'^. Section seventy-seven of chapter two hundred and seven- 

amended, teen of the Revised Laws, as amended by chapter two 

hundred and twenty-one of the acts of the year nineteen 
hundred and six, is hereby further amended i)y inserting 
after the word "bail", in the third line, the words: — or 
a person who is held in custody or coinniitted as a witness 



Acts, 1911. — Chap. 161. 123 

to a crime, — so as to read as follows: — Section 77. A |]^''neu!ff 
person who is held in custody or committed upon a criminal sureties, etc. 
charge, if entitled to be released on bail, or a person who is 
held in custody or committed as a witness to a crime, may, 
instead of giving surety or sureties, at any time give his 
personal recognizance to appear before any court or trial 
justice and deposit the amount of the bail which he is ordered 
to furnish with the court, trial justice or magistrate author- 
ized by law to take such recognizance who shall give him 
a certificate thereof, and upon delivering said certificate to 
the officer in whose custody he is, he shall be released. 
The court, trial justice or magistrate shall forthwith, upon 
the receipt of such amount, deposit it with the clerk of the 
court or with the trial justice before whom such person was 
recognized to appear, or if such court has no clerk, shall 
deposit it with the justice thereof. 

Approved March 17, 191 1. 

An Act to authorize the congregational church of Chap.A^^l 

TOPSFIELD TO HOLD AS TRUSTEE FUNDS NOW IN THE HANDS 
OF THE TRUSTEES OF THE BIXBY DONATION FARM. 

Be it enacted, etc., as fullows: 

Section 1 All votes and proceedings of the Congrega- certain 
tional Parish in Topsfield in electing the Trustees of the ^ItifiTd.'"^^ 
Bixby Donation Farm and in turning over to the Trustees 
of the Bixby Donation Farm funds and property, and all 
votes and proceedings of the Trustees of the Bixby Dona- 
tion Farm in receiving said funds and property and in hold- 
ing, managing and investing the same, are hereby ratified 
and made valid. 

Section 2. The Congregational Church of Topsfield is Holding of 
hereby authorized to receive and hold all trust funds and funds^etc"^ 
property now held by the Trustees of the Bixby Donation 
Farm or by the Congregational Parish in Topsfield upon 
the same or as nearly as possible the same trusts as those 
upon which said trust funds and property are now held 
under the several wills, deeds of gifts, statutes or other 
instruments or authority under which said trusts were 
severally created, except that said Congregational Church 
shall not be accountable to the town of Topsfield or to the 
Congregational Parish in Topsfield, and shall not be required 
to make any report of its doings to said town or to said par- 
ish. In case of doubt as to the precise manner in which said 



124: 



Acts, 1911. — Chap. 161. 



Cfrtain 
estate may bo 
conveyed. 



Transfer of 
certain trust 
funds. 



Records, etc. 



Bixby Dona- 
tion Farm 
dissolved. 



trust property or the income thereof shall be applied the 
matter may be determined by the supreme judicial court 
upon application of any person interested or of the attorney- 
general, and until said court shall otherwise order said trust 
property and the income thereof shall be applied in accord- 
ance with the terms of the original trusts, or as nearly as 
possible in accordance therewith, by the said Congregational 
Church of Topsfield. 

Section 3. The Congregational Parish in Topsfield may, 
by a three fourths vote of those present and voting, at any 
meeting called for the purpose, authorize one or more per- 
sons in its name to convey any real or personal estate belong- 
ing to it to the Congregational Church of Topsfield, and 
may authorize the Trustees of the Bixby Donation Farm to 
pay over and transfer to said Congregational Church of 
Topsfield the trust funds and property in their possession 
to be held by said Congregational Church of Topsfield in 
trust in accordance with the provisions of section two of 
this act. Said parish may provide that such conveyance 
and transfer shall be conditional upon the assumption by 
said Congregational Church of Topsfield of all liabilities of 
said parish. 

Section 4. The Trustees of the Bixby Donation Farm 
may, upon being authorized so to do by the Congregational 
Parish in Topsfield, pay and transfer to said Congregational 
Church of Topsfield all trust funds and property in their 
possession to be held by said Congregational Church of 
Topsfield in trust in accordance with the pro\isions of 
section two of this act, and after said Congregational Church 
of Topsfield shall have received said property it shall have 
and enjoy all the franchises, powers and privileges belong- 
ing to the Trustees of the Bixby Donation Farm. 

Section 5. All records and other books and other papers 
of the Congregational Parish in Topsfield and of the Trustees 
of the Bixby Donation Farm shall be the property of the 
Congregational Church of Topsfield. 

Section 6. Six months after the transfer of all the 
property of the said (^ongregational Parish in Topsfield and 
of the said Trustees of the Bixby Donation Farm to the said 
Congregational Church of Topsfield, as above proA'ided, said 
Congregational Parish in To])sfiold and said Trustees of the 
Bixby Donation Farm shall be dissolved. 

Approved March 17, 1911. 



Acts, 1911. — Chaps. 162, 163. 125 



An Act relative to payment of transportation and (JJidr) 1(32 

OTHER NECESSARY EXPENSES OF COUNTY COMMISSIONERS. ' 

Be it enacted, etc., as follows: 

Section 1. The last sentence of section fourteen of .^^^"g^' ^ ^^' 
chapter twenty of the Revised Laws, as amended by section 
four of chapter five hundred and forty-four of the acts of 
the year nineteen hundred and two, is hereby further amended 
by striking out all after the word "proper", in the second 
line of said sentence, and inserting in place thereof the 
words: — cost to the commissioners for transportation and 
other necessary expenses incurred in the performance of 
their official duties shall on the first day of each month be 
certified by them to the controller of county accounts who 
shall audit and if correct certify the same to the county 
treasurer who shall reimburse the commissioners for such 
expenses from the county treasury, — so that said last sen- 
tence will read as follows : — An itemized statement of the Expenses of 
actual and proper cost to the commissioners for transporta- 
tion and other necessary expenses incurred in the performance 
of their official duties shall on the first day of each month be 
certified by them to the controller of county accounts who 
shall audit and if correct certify the same to the county 
treasurer who shall reimburse the commissioners for such 
expenses from the county treasury. 

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

Approved March 17, 1911. 



count}' com- 
missioners. 



An Act relative to the penalty for giving false weight Chap.Vd^ 

AND MEASURE. 

Be it enacted, etc., as follows: 
Section one of chapter three hundred and ninety-four of PP'^- ^94 

, » , . 1111 • 1 1 » 1' amended. 

the acts oi the year nmeteen Imndred and seven is hereby 

amended by striking out the words "is guilty of giving", 

in the second and third lines, and inserting in place thereof 

the words : — - gives or attempts to give, — so as to read 

as follows : — Section 1 . Whoever, himself or by his serv- Penalty for 

ant or agent or as the servant or agent of another person, wdght Tnd* 



gives or attempts to give false or insufficient weight or meas- 
ure shall for a first offence be punished by a fine of not more 
than fifty dollars, for a second offence by a fine of not more 



measure. 



126 



Acts, 1911. — Ciiaps. 161, 165. 



than two hundred dolhirs, and for a subsequent offence by 
a fine of fifty dolhirs and by imprisonment for not less than 
thirty nor more than ninety days. 

Approved March 17, 1911. 

Chap.164: An Act to regulate the taking of fish by means of 

TORCHES OR OTHER ARTIFICIAL LIGHT IN THE WATERS OF 
WINTHROP. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person to dis- 
play torches or other lights designed or used for the purpose 
of taking herring or other fish in any waters of the town of 
Winthrop: provided, however, that the selectmen of said town 
may grant permits for the display of torches or other lights 
for the purposes aforesaid w^ithin the limits of the town, 
with such restrictions as in their judgment will prevent the 
same from constituting a nuisance; and they may at any 
time revoke any such permit. 

Section 2. Whoever violates the provisions of this act 
shall be punished for a first offence by a fine of not less than 
fifty nor more than two hundred dollars or })y imprisonment 
for not less than six nor more than twelve months, or by both 
such fine and imprisonment, and for a second offence by both 
such fine and imprisonment. Approved March 17, 1911. 



Regulating 
the taking of 
fish in tlie 
waters of the 
town of 
Winthrop. 

Proviso. 



Penalty. 



1909, 486, 
§ 26, etc., 
amended. 



Chap.l6r) An Act relative to loans issued by the city of boston. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-six of chapter four hundred 
anfl eighty-six of the acts of the year nineteen hundred and 
nine, as amended by chapter four hundred and thirty-seven 
of the acts of the year nineteen hundred and ten, is hereby 
further amended by striking out the words "the ett'ect of 
the premiums, if any, shall be to reduce the total amount 
of bonds issued", in the eighth, ninth and tenth lines, and 
inserting in place thereof the words: — the premiums, if any 
are received, shall be ai)plied in accordance with the provi- 
sions of chapter three hundred and seventy-nine of the acts 
of the vear nineteen hundred and ten, — so as to read as 
follows: — Section 26. All loans issued by the city after the 
passage of this act shall be made payable in annual instal- 
ments in the manner authorized by section thirteen of chap- 
ter twenty-seven ol" the Revised Laws as amendeil by section 



Payment of 
certain loans, 
etc. 



Acts, 1011. — Chaps. 166, 167. 127 

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 premiums, if any are received, 
shall be applied in accordance with the provisions of chapter 
three hundred and seventy-nine of the acts of the year nine- 
teen hundred and ten. 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 Com- 
mission, and said bonds may be issued as heretofore and 
secured by sinking fund. 
Section 2. This act shall take effect upon its passage. 

Apj^roved March 17, 1911. 

An Act relative to the filing of certificates of nomi- Chan.166 

NATION AND NOMINATION PAPERS FOR THE ELECTION OF 
TOWN OFFICERS IN THE TOWN OF SOUTH HADLEY FOR THE 
YEAR NINETEEN HUNDRED AND ELEVEN. 

Be it enacted, etc., as follows: 

Section 1. All certificates of nomination for town offices Certain acts 
in the town of South Hadley filed on or before the second of s^outh^'^ 
Saturday, and nomination papers filed on or before the Mon- w^Uzed 
day, preceding the annual town election shall, for the year 
nineteen hundred and eleven, be valid. 

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

AiJproved March 17, 1911. 

An Act to authorize the hiring of beds for tuberculous (JJian 167 
patients in the city of boston. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and s^^^j^^e^^ed 
twenty-five of the acts of the year nineteen hundred and 
eight is hereby amended by striking out the words "said 
new hospital is completed", in the fifth line, and inserting 
in place thereof the words : — first day of July, nineteen 
hundred and sixteen, — so as to read as follows: — Section 1. hired hfpd-^ 
The trustees of the new hospital for consumptives in the city ^a^^^ hospitals. 
of Boston are hereby authorized to hire beds in private hos- 



128 Acts, 1911. — Chaps. 1G8, 169. 

pitals for the use of needy tuberculous patients who are 
residents of said city, until the first day of July, nineteen 
hundred and sixteen; but the said beds shall not exceed one 
hundred in number, and the price paid therefor shall not 
exceed eight dollars a week for each bed. 
Section 2. This act shall take effect upon its passage. 

Approved March 20, 1911. 

Chap.lQ8 An Act to ratify and confirm certain acts of fire 

DISTRICT number ONE OF THE TOWN OF SOUTH HADLEY. 

Be it enacted, etc., as follows: 
Certain acts SECTION 1. The uotes heretofore issued bv Fire District 

of r ire Uis- ^ 

trict Number Numbcr Ouc of the town of South Hadley to provide for 
town of paying the cost of laying a new water main in said fire dis- 

confirmed. ^^ trict, namely, a note for one thousand dollars, dated August 
thirty-first, nineteen hundred and nine, a note for one thou- 
sand dollars, dated August thirty-first, nineteen hundred and 
nine, and a note for one thousand dollars, dated August 
thirty-first, nineteen hundred and nine; shall be deemed legal 
and binding obligations of the said fire district, and the acts 
of said fire district and its officers authorizing and issuing 
the same are hereby ratified and confirmed, 
a vo?eTo°^ Section 2. The vote passed by said fire district at a 

borrow money, special fire district meeting held on the twenty-ninth day of 
October in the year nineteen hundretl and ten, authorizing 
its treasurer, with the approval of the prudential committee 
or a majority thereof, for the purpose of furnishing water 
to the residents of the Granby road district, so-called, to 
borrow a sum of money in the aggregate not exceeding twelve 
thousand dollars, or any part thereof, is hereby ratified and 
confirmed, and the district is hereby authorized to issue serial 
bonds or notes of equal denominations in accordance with 
said vote, payable semi-annually, at a rate of interest not 
exceeding five per cent per annum payal)le semi-annually. 
Section 3. This act shall take effect upon its passage. 

xlpprovcd March 20, 1911. 

ChapM)^ An Act to authorize the city of boston to take land 

AND to construct THEREON A COURT HOUSE AND POLICE 
station for east BOSTON. 

Be it enacted, etc., as follows: 
Lnndmnybc Section 1. Tlic board of strcct commissioucrs of the city 

taken fcir the .11 i-i 1 1 i*i 

ercitionofa of Bostou IS licrcby authonzcu to select and to take ni the 

court house, 



Acts, 1911. — Chaps. 170, 171. 129 

name and behalf of the city such land as may In its judgment, et<; - 'n East 
subject to the approval of the mayor, be requisite for the 
erection of a court house and police station for the use of 
the courts and police in the East Boston district of the city, 
and for other purposes properly incidental thereto, including 
a court house yard. 

Sb:ction 2. Said board shall, within thirty days after the Description 
approval by the mayor of the land selected by it, file in the f^ ^^^'^ ^^^^"^ 
registry of deeds for the county of Suffolk, and cause to be recorded. 
recorded, a description of the land so taken as certain as is 
required in a common conveyance of land, with a statement 
of the purpose for which it is taken, which description and 
statement shall be signed by said commissioners or by a 
majority thereof, and the fee of the land so taken shall vest 
in the city of Boston. The city shall be liable to pay all Damages, 
damages that may be sustained by any persons by reason of 
the taking of land as aforesaid, and such damages shall be 
ascertained and determined in the manner provided for ascer- 
taining and determining damages in the case of the laying 
out, altering or discontinuing of ways within the city of 
Boston. 

Section 3. This act shall take effect upon its passage. 

Approved March 20, 1911. 



An Act to confirm the grant made by the proprietors (JJkij) yjo 
OF wrentham of a certain island in whiting's pond. 

Be it enojcted, etc., as folloivs: 

Section 1. The grant of the little island in the great ^°"^™/°^ 
pond situated in the town of Wrentham made by the Pro- certain 
prietors of Wrentham to Eliphalet Whiting in the year seven- '^ ^° ' ^ ^' 
teen hundred and forty-seven is hereby confirmed and made 
valid. 

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

Approved March 20, 1911. 

An Act to authorize the city of boston to pay a sum of Chap.lll 

MONEY to the WIDOW OF GEORGE A. DONAGHUE. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized to The city of 
pay the sum of five hundred dollars to Margaret Donaghue, pay^a^s^lt 
widow of George A. Donaghue late an employee of the street Margare't 

Donaghue. 



130 Acts, 1911. — Chaps. 172, 173, 174. 

cleaning department of the said city, who died from injuries 
received while in the performance of his duties, 
^kinglffect. Section 2. This act shall take effect upon its acceptance 
by the mayor and city council of the city of Boston. 

Approved March 20, 1911. 

Cka2).172 An Act relative to the protection of gray squirrels. 
Be it enacted, etc., as follows: 

T/gray'"" Section 1. It shall be unlawful except only between the 

squirrels. fifteenth day of October and the fifteenth day of November 

of each year, both days inclusive, to hunt, take or kill a gray 
squirrel, or to sell, or offer for sale, or to ha\'e in possession 
for the purpose of sale, a gray squirrel, wherever taken or 
killed, or to take or kill at any time a gray squirrel by means 
of a trap, net or snare, or for the purpose of killing a gray 
squirrel to construct or set a trap, snare or net. 

AppHcation Section 2. This act shall not apply to the owner or occu- 

pant of any dwelling house or other building who shall find 
any gray squirrel doing an actual and substantial damage 
to the same, or to any fruit tree, grain or other growing cul- 
tivated crop. 
^^^^' Section 3. Chapter five hundred and sixty-four of the 

acts of the year nineteen hundred and ten is hereby repealed. 

Penalty. Section 4. Whoevcr violates any provision of this act 

shall forfeit not less than ten nor more than twenty-five 
dollars for each offence. Approved March 20, 1911. 

Chap.Yl^ An Act relative to pulling down stone walls or fences. 

Be it enacted, etc., as follows: 

stone"waiir'^ The commissioncrs on fisheries and game and their duly 

or fences. authorized deputies may arrest without a warrant any person 

found in the act of wilfully pulling down a stone wall or fence, 

or otherwise violating the provisions of section ninety-one of 

chapter two hundred and eight of the Revised Laws. 

Approved March 20, 1911. 

Chap.Vi-\: An Act to estarlisii the sal.\ry of the assistant clerk 

OF COURTS FOR THE COUNTY OF HAMPDEN. 

Be it enacted, etc., as follows: 

nfrk'!'"* Section 1. The salary of the assistant clerk of courts for 

county of ^''^' county of Hampden shall be twenty-four hundred dollars 

HuDipdeu, 



Acts, 1911. — Chaps. 175, 17G. 131 

a year, to be so allowed from the first day of January in the 
year nineteen hundred and eleven. 

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

( The foregoing ivas laid before the Governor on the fifteenth 
day of March, 1.911, and after five days it had ''the force of a 
law", as prescribed by the ConMitution, as it ivas not returned 
by him ivith his objections thereto loithin that time.) 

An Act to provide for notice of the right of appeal (JJku) 175 
in the case of children adjudged neglected. 

Be it enacted, etc., as folloivs: 

Whenever any child is adjudged a neglected child under Notice of 
the provisions of chapter three hundred and thirty-four of app^eai/etc. 
the acts of the year nineteen hundred and three and of acts 
in amendment thereof, the court or justice making the adju- 
dication shall notify the child, parent, guardian or person 
appearing in behalf of such child of the right of appeal to the 
superior court which is provided for by section six of said 
chapter three hundred and thirty-four. 

Approved March 22, 1911. 

An Act to extend the jurisdiction of police, district njinj) via 

AND municipal COURTS IN CRIMINAL CASES. ^' 

Be it enacted, etc., as follows: 
Section 1. Police, district and municipal courts, includ- J"ris<iiction 

01 DOllCG QIS' 

ing the municipal court of the city of Boston, shall have trictand 
original jurisdiction, concurrent with the superior court, of counsTn crim- 
felonies punishable by imprisonment in the state prison for ''^^^ ^'''^^s- 
not more than five years, and also of the crimes mentioned 
in sections eighteen and nineteen of chapter two hundred and 
eight of the Revised Laws, and they may impose the same 
penalties as the superior court in like cases, except imprison- 
ment in the state prison: provided, however, that no sentence Proviso 
to a jail or house of correction for a longer term than two years 
shall be imposed under this act. 

Section 2. No order shall be issued for the commit- order of 
ment of a person to a jail or house of correction upon a sen- ^^^^^ ^^^ • 
tence of more than six months, until at least one day after 
the imposition of said sentence. Until such order is issued 
he shall remain in the custody of the court, as if he had 
not been sentenced. At any time before the issuing of such 



132 Acts, 1911. — Chap. 177. 

order, lie may appeal to the superior court, as provided by 
section twenty-two of chapter two hundred and nineteen of 
the Revised Laws. Before such order is issued he shall be 
notified of his right to take such appeal, 
^kingl-ffect. Section 3. This act shall take effect on the first day 
of July in the year nineteen hundred and eleven. 

Approved March 22, 1911. 

Chap.VJl An Act to require commissioners of insolvent estates 

OF DECEASED PERSONS TO GIVE NOTICE TO CREDITORS OF 
the FILING OF RETURNS. 

Be it enacted, etc., as follows: 

^ia^nded.'^^' SECTION 1. Scctiou three of chapter one hundred and 
forty-two of the Revised Laws is hereby amended by adding 
at the end thereof the words: — The commissioners shall 
mail postpaid within seven days thereafter, or within such 
further time as the court may order, a notice in writing to 
all known creditors of the filing of said return, and shall, 
within thirty days after said notice, file in the registry of 
probate an affidavit of having given the same, with a copy 
fo^^Tiir^" thereof, — so as to read as follows: — Section 3. The com- 
ciaims of missioners shall be sworn before entering upon the perform- 

ance of their official duties; they shall appoint convenient 
times and places for their meetings to receive and examine 
claims; and shall by mail or otherwise give to all known 
creditors at least seven days' written notice of the time and 
place of each meeting, and also such other notice thereof 
as the court shall order; and the executor or administrator 
shall, fourteen days at least before the first meeting, furnish 
to the commissioners the names and residences of all known 
creditors. At the expiration of the time allowed for the 
proof of claims, the commissioners shall make their return 
to the court. The commissioners shall mail postj)aid within 
seven days thereafter, or within such further time as the 
court may order, a notice in writing to nil known creditors 
of the filing of said return, and shall, within thirty days 
after said notice, file in the registry of j)r('l)ate an affidavit 
of having given the same, with a copy thereof. 
Section 2. This act shall take efVect uj)on its passage. 

Approved March 22, 1911. 



Acts, 1911. — Chap. 178. 133 



An Act relative to commencing actions for the re- (JJiart.VlS 

COVERY OF DAMAGES FOR INJURIES OR DEATH 

Be it enacted, etc., as follows: 

Section 1. vSection one hundred and thirtj^-two of chap- 1909, 514, 
ter five hundred and fourteen of the acts of the year nine- amended?" 
teen hundred and nine, as amended by section two of chap- 
ter one hundred and sixty-six and by chapter six hundred 
and eleven of the acts of the year nineteen hundred and 
ten, is hereby further amended by inserting after the word 
"appointment", in the twelfth fine, the words: — and in 
such case the action may be begun wdthin one year after the 
appointment of such executor or administrator, — so as to 
read as follows : — Section 132. No action for the recovery Notice to be 
of damages for injury or death under the provisions of the and place of 
five preceding sections shall be maintained unless notice of '"■'"''y' ^*''- 
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 administrator may give such notice within sixty days 
after his appointment; and in such case the action may be 
begun within one year after the appointment of such execu- 
tor or administrator. 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. If the 
employer dies without such notice having been given and 
before the time for giving such notice has elapsed, the notice 
may be given to his executor or administrator, and the time 
within which the notice may be given as herein provided, 
shall run from the appointment of the executor or adminis- 
trator. A notice given under the provisions of this section Notice not to 
shall not be held invalid or insufficient solely by reason of certain cases. 
an inaccuracy in stating the time, place or cause of the in- 
jury if it is shown that there was no intention to mislead, 
and that the employer was not in fact misled thereby. If 
the employer dies without such action having been brought 
and before the time for bringing the action has elapsed, the 



134 



Acts, 1911. — Chaps. 179, 180. 



Application 
of act. 



action may be begun against his executor or administrator 
not less than one year and not more than two years after 
the executor or administrator has given bond for the per- 
formance of his trust. 

Section 2. This act shall apply to cases now pending 
or hereafter brought within the time herein stated. 

Approved March 22, 1911. 



R. L. 220, § 
amended. 



7, 



Chap.VI^ An Act to regulate commitments upon two or more 

SENTENCES. 

Be it enacted, etc., as follows: 

Section seven of chapter two hundred and twenty of the 
Revised Laws is hereby amended by adding at the end 
thereof the following: — but when fine and imprisonment 
are named in a sentence the prisoner shall always be com- 
mitted upon the term sentence first, — so as to read as 
follows: — Section 7. A convict upon whom two or more 
sentences to imprisonment are imposed may be fully com- 
mitted upon all such sentences at the same time, and shall 
serve them in the order named in the mittimuses upon which 
he is committed; but when fine and imprisonment are 
named in a sentence the prisoner shall always be committed 
upon the term sentence first. Approved March 22, 1911. 



Commitment 
upon two or 
more sen- 
tences. 



Chaj) 



The town of 
Sudbury 
may borrow 
money for 
restoring eer 
tain trust 
funds, etc. 



.180 An Act to authorize the town of sudbury to restore 
certain trust funds and to provide for the custody 
and management thereof. 

Be it enacted, etc., as follows: 

Section 1. The town of Sudbury, for the purpose of 
restoring certain trust funds and bequests received by the 
town and subsequently in part appropriated for purposes 
other than those declared by the donors tliereof, and in ])nrt 
expended by it for the general expenses of the town, is liorohy 
authorized to borrow a sum of money not exceeding twont^k- 
six thousand four hundred and fifty-three dollars, and to 
issue notes or bonds therefor, i)aynl)le at i)erit)ds not exceetl- 
ing twenty-five years from the dates of issue. Such notes 
or l)onds shall l)e signed by tlie treasurer and couTitcrsigned 
by the selectmen, shall bear interest, payable semi-annually, 
at a rate not exceeding four and one half i)er cent ])er annum, 
and shall be sold in such manner, and uj)on such terms, as 



Acts, 1911. — Chap. 180. 135 

the treasurer and selectmen may determine, but they shall 

not be sold for less than their par value. Before said notes Payment of 

or bonds are issued, 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 of 

the town. 

Section 2. The custody and management of all property, Custody and 
real and personal, and the proceeds thereof, heretofore or ^f'^cerfain'^"* 
hereafter devised, bequeathed or otherwise given to or con- i^op^ity, etc. 
ferred upon the tow^n of Sudbury, in trust, or otherwise, 
for the benefit of said town or for public or charitable pur- 
poses therein, including the money to be borrowed under 
the authoritv of this act, shall be vested in the selectmen 
and town treasurer, and their successors in said offices, who 
shall be the Trustees of Town Donations. The said trustees 
shall take, hold, manage, administer and dispense all of said 
property and the proceeds thereof, and invest and re-invest 
the same, in such manner and in such other property and 
securities as they may deem safe and proper, unless it is 
otherwise provided in the instrument or writing by or under 
which any such devise, bequest or gift has been or shall 
be made, and may sell at public or private sale any such 
property for such sum and upon such terms as said trustees 
may think proper, and may in behalf of the town make, 
execute, acknowledge and deliver all such deeds and instru- 
ments as may be necessary to pass to the purchaser the title 
thereto: jjrovided, that such sale and conveyance is not con- Proviso, 
trary to the terms of the instrument or writing by or under 
which said property was acquired. The income of all prop- 
erty so devised, bequeathed or given to the town shall be 
used for the purpose for which it was devised, bequeathed 
or given, and for no other, and in case a devise, bequest or 
gift of property to the town does not specify the particular 
use to be made of the same, then such property or the income 
thereof shall be used for such town or charitable purposes 
as shall be determined by the town. 

Section 3. Said trustees shall take, hold and manage Trustees to 
all sums of money deposited with the treasurer of the town mana^ge 
for the care and preservation of cemetery lots under the pro- ^""'^s- ^t*'- 
visions of the laws of the commonwealth, and may invest 
the same in savings banks in the commonwealth in separate 



136 



Acts, 1911. — Chap. 181. 



Town treas- 
urer to be 
treasurer of 
trustees. 



Compensa- 
tion of 
treasurer. 



Report. 



Terms of de- 
vise, etc., not 
restricted. 



Time of 
taking effect. 



accounts with each deposit, and shall pay over from the 
income thereof to the proper persons the sums required to 
carry out the purposes of said deposits. 

Section 4. The town treasurer shall be the treasurer of 
said trustees, and as such shall have the custody of all moneys 
and securities mentioned in this act; shall deposit the .same 
in such banks or depositories as the trustees shall designate, 
and shall pay out the same only on the written order of a 
majority of the trustees. He shall keep such accounts as 
the trustees may direct, and shall furnish a bond to the town, 
in addition to his bond as town treasurer, for the faithful 
performance of his duties, in such form, in such sum and 
with such sureties as the trustees shall approve, ^^ hich bond 
shall be deposited with the town clerk. Said treasurer shall 
receive such compensation as shall be fixed by the trustees, 
which, together with the cost of said bond, if furnished by 
a surety company, shall be charged to and paid from the 
income of the funds held by the trustees in such propor- 
tions as they may determine. 

Section 5. Said trustees shall annualh' make a full report 
to the town specifying the property, real and personal, held 
by them, the full value thereof and the income of the same, 
with a detailed statement of all receipts and ex])enditures 
received or made by them during the year co\ered by the 
report. 

Section 6. Nothing in this act shall be construed as 
restricting, enlarging or in any way changing the terms of 
any devise, bequest or gift. 

Section 7. This act shall take effect upon its accept- 
ance by the town at an annual town meeting, or at an}' other 
meeting duly called for the purpose. 

Ajjproved March 22, 1911. 



ChapAol An Act to change the name of the reformatory prison 

FOR WOMEN. 

Be it enacted, etc., as fulloivs: 

The reformatory prison for women shall hereafter be 
designated and known as the reformatory for women; and 
all acts and parts of acts that now relate to the reformatory 
prison for women, shall apply to the .said reformatory for 
women. Approved March J J, lUll. 



Change of 
name. 



Acts, 1911. — Chaps. 182, 183, 184. 137 



An Act rel,\tive to the salary of the clerk of the (J]iar).\^'2i 

BOARD OF police FOR THE CITY OF FALL RIVER. 

Be it enacted, etc., as follows: 

Section 1 . The salary of the clerk of the board of police salary of 
for the city of Fall River shall be twelve hundred dollars a Sf'poUc?"'"^ 
year, to be so allowed from the first day of January in the Kive"/^**" 
current year. 

Section 2. So much of section four of chapter tliree Repeal, 
hundred and fifty-one of the acts of the year eighteen hundred 
and ninety-four as is inconsistent herewith is hereby repealed. 

Approved March 22, 1911. 



An Act relative to the number of water commission- ChapAS^ 

ERS of the town of LINCOLN. 

Be it enacted, etc., as follows: 

Section 1 . Hereafter the treasurer and the chairman of Water com- 

missioners or 

the selectmen of the town of Lincoln shall not, ex officiis, the town of 
be members of the board of water commissioners of the said 
town. 

Section 2. This act shall take effect on the first day Time of 
of March in the year nineteen hundred and twelve. *** '°^ ^ 

Approved March 22, 1911. 



An Act to provide penalties for wilfully making false rjjidjj |g4 
reports to commissions or commissioners. ^ ' 

Be it enacted, etc., as follows: 

Any person who shall wilfully make false report to the Penalties for 
railroad commission, the gas and electric light commission, ^pom/efc!^ 
the highway commission, the insurance commissioner, the 
bank commissioner or the commissioner of corporations, or 
who shall testify or affirm falsely to any material fact in 
any matter wherein an oath or affirmation is required or 
authorized, or who shall make any false entry or memo- 
randum upon any book, report, paper or statement of any 
company making report to any of the said commissions or 
commissioners, with intent in any case to deceive the com- 
mission or commissioner, or any agent appointed to examine 
the affairs of any such company, or to deceive the stock- 
holders or any officer of any such companj^ or to injure or 



138 



Acts, 1911. — Chaps. 185, 186. 



defraud any such company, and any person who with Hke 
intent aids or abets another in any violation of this act 
shall be punished by a fine of not more than one thousand 
dollars, or by imprisonment for not more than one year, 
or by both such fine and imprisonment. 

Approved March 25, 1911. 



Cha2).lS5 An Act relative to the introduction of fish into state 

WATERS. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful to put in any of the pub- 
lic waters, or in any waters connecting therewith, any species 
of fish, or the roe, spawn or fry thereof, without having first 
secured the written approval of the commissioners on fisher- 
ies and game. 

Section 2. Whoever violates any provision of this act 
shall be punished by a fine not exceeding fifty dollars. 

Approved March 25, 1911. 



Introduction 
of fish into 
state waters. 



Penalty. 



Clia^i.lSQ An Act relative to the expenses of the state board 

OF AGRICULTURE. 



R. L. 89, § 4, 
amended. 



Secretary 
and clerks of 
state board of 
agriculture. 



Parts of 
rei)ort to be 
printed. 



Be it enacted, etc., as follows: 

Section 1. Section four of chapter eighty-nine of the 
Revised Laws is hereby amended by striking out the word 
"eight", in the seventh line, and inserting in place thereof 
the word: — sixteen, — so as to read as follows: — Section 4- 
The board may appoint and prescribe the duties of a secre- 
tary, who shall receive an annual salary of twenty-five hun- 
dred dollars, and who, with the approval of the board, may 
employ two clerks, the first at an annual salary of eighteen 
hundred dollars and the second at an annual salary of four- 
teen hundred dollars, and may expend for other clerical serv- 
ices and for lectures before the board of agriculture not 
more than sixteen hundred dollars a year. The secretary 
may publish for general distribution such parts of the annual 
report of said board as he considers l)est adapted to promote 
the interests of agriculture; but the expense of such publi- 
cation shall be ])ai<l out of the a])i)ropriation for the dis- 
semination of useful information in agriculture by the board. 

Section 2. This act shall take effect uj)on its passage. 

Approved March 25, 1911. 



Acts, 1911. — Chaps. 187, 188, 189. 139 



An Act relative to the shooting of certain wild fowl. QJiap.lSl 
Be it enacted, etc., as follows: 

Section 1. It shall be unlawful to pursue, hunt, take or shooting of 
kill any of the wild fowl included under the name of Anatidae fowu'" '^' 
during the time between two hours after sunset and two hours 
before sunrise. 

Section 2. Whoever violates the provisions of this act Penalty, 
shall be fined a sum not exceeding fifty dollars for each bird 
in respect to which the violation occurs. 

Approved March 25, 1911. 



An Act to limit the number of black ducks that may QJiap.lSS 

BE TAKEN IN ANY ONE DAY. 

Be it enacted, etc., as folloivs: 

Section 1. It shall be unlawful for any person to take Limiting the 
or kill more than fifteen black ducks in any one calendar ""I'tai^g^ame 

f\n\r birds that 

-^ ' .11 ••PI- ™»y '^<^ taken, 

Section 2. Whoever violates the provisions ot this act etc. 
shall be fined not less than twenty dollars for each bird in Penalty, 
respect to which the violation occurs. 

Approved March 25, 1911. 



An Act to authorize wellesley college to hold addi- (JJkij^X'^C) 
tional real and personal estate. "' 

Be it enacted, etc., as follows: 

Section 1. Wellesley College is hereby authorized to hold J^iKmay 
real and personal estate in the manner and for the purposes hoid addi- 
set forth in its charter to an amount not exceeding ten million et""'' ^'^ ** ^' 
dollars: provided, however, that no lands in the town of Welles- Proviso. 
ley owned or occupied by said college for the purposes set 
forth in its charter shall be exempt from taxation, except- 
ing the lands now so owned and occupied by said college 
lying north of Washington street, west of Weston road, and 
south of Central street in said town, and so much of the Web- 
ber estate as lies north of said Washington street, w^hen said 
Webber estate shall come into its possession, and also except- 
ing the sewerage lot, so-called, lying south of said Washing- 
ton street, and a parcel of land lying east of said sewerage 
lot containing about four acres and bounded and described 



140 



Acts, 1911. — Chap. 190. 



Repeal. 



as follows: — Beginning at a stone bound at the southerly 
corner of said four acre lot on the easterly line of said sewer- 
age lot, thence running northeasterly two hundred fifty-three 
and twenty one hundredths feet to a stone bound; thence 
turning at a right angle and running northwesterlj' five hun- 
dred thirty-two and fifty-nine one hundredths feet to a stone 
bound; thence turning at a right angle and running south- 
westerly four hundred one and twelve one hundredths feet 
to a stone bound in the easterly line of said sewerage lot; 
thence turning and running southeasterly five hundred fifty- 
two and seventy-five one hundredths feet by said sewerage 
lot to the point of beginning. 

Section 2. So much of chapter one hundred and fifty- 
one of the acts of the year eighteen hundred and eighty -four 
as is inconsistent herewith is hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved March 25, 1911. 



Town of Hol- 
brook Addi- 
tional Water 
Loan, Act of 
1911. 



ChapA^O An Act to authorize the town of iiolbrook to make 

AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1 . The town of Holbrook, for the purposes men- 
tioned in chapter two hundred and seventeen of the acts 
of the year eighteen hundred and eighty-five, may issue from 
time to time bonds, notes or scrip to an amount not exceed- 
ing twenty thousand dollars in addition to the amounts here- 
tofore 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 Holbrook Additional Water 
Loan, Act of 1911, and shall be issued upon the terms and 
conditions and with the powers specified in said chapter two 
hundred and seventeen: provided, that the amount of bonds, 
notes or scrip issued under authority of this act and hereto- 
fore issued by said town for the same purposes shall not 
exceed in the aggregate one hundred and sixty-four thousand 
dollars. 

Section 2. Said town shall, at the time of authorizing 
said loan, provide for the payment thereof in annual pay- 
ments of one thousand dollars each, beginning in the year 
nineteen hundred and twenty-four and ending in the year 
nineteen Innidred nnd twenty-nine, and ainnial ])aynH'nts 
of two thonsand dollars each, begiiniing in the year nine- 
teen hundred and thirty; and when a \ote to that effect 



Proviso. 



Payment of 
loan. 



Acts, 1911. — Chap. 191. Ml 



has been passed a sum which with the income derived from 
water rates, will be sufficient to pay the annual expense of 
operating its water works and the interest as it accrues on 
the bonds, notes or scrip issued as aforesaid by said town, 
and to make such payments on the principal as may be 
required under the provisions of this act, shall without 
further vote be assessed by the assessors of said town in 
each year thereafter in a manner similar to that in which 
other taxes are assessed under the provisions of section 
thirty-seven of chapter four hundred and ninety, Part I, 
of the acts of the year nineteen hundred and nine, until 
the debt incurred by said loan is extinguished. 
Section 3. This act shall take effect upon its passage. 

Ayyvoved March 25, 1911. 

An Act relative to the accounts of executors, admin- (Jjin^) ^91 

ISTRATORS AND TRUSTEES. ^ * 

Be it enacted, etc., as follows: 

Section 1. In all cases in which a tax is due under the Accounts of 
provisions of chapter four hundred and ninety, Part IV, IdmhlL'trators 
of the acts of the year nineteen hundred and nine, and the and trustees, 

V ? etc. 

amount thereof cannot be ascertained, the final account of 
the executor, administrator or trustee liable therefor may 
be allowed if it appears that all taxes imposed by the pro- 
visions of said chapter upon any property or interest therein 
belonging to the estate to be settled by said account and 
already payable, the amount of which can be ascertained, 
have been paid, and that such property or interest therein, 
has been transferred to a trustee appointed by a probate 
court of this commonwealth who has given bond, with 
sufficient sureties, in such a sum as to insure the payment 
of all taxes which are or may become due on said estate, 
unless such trustee is exempted from giving sureties by the 
probate court appointing him; and such trustee shall be 
liable for such taxes and the interest thereon in the same 
manner and to the same amount as if he had been the ex- 
ecutor, administrator or trustee originally liable therefor, 
and the property received by him shall be subject to a lien 
for said taxes and interest until the same are paid. 
Section 2. This act shall take effect upon its passage. 

Ay proved March 25, 1911, 



U2 Acts, 1911. — Chap. 192. 



C/i«7>.192 An Act to extend the privilege of recognizance to 

FEMALE JUDGMENT DEBTORS. 

Be it enacted, etc., as follows: 
R. L 168, §8, Section 1. Section eisrht of chapter one hundred and 

amended. -it • i i 111 

sixty-eight of the Revised Laws is hereby amencied by 
inserting after the word "officer", in the third Hne, the 
words : — either by deHvering an attested copy to the 
debtor or by leaving it at her last and usual place of abode, 
or if the debtor fails to appear at any adjournment of the 
hearing, upon the request of the creditor, — by inserting 
after the word "him", at the end of the third line, the words: 
— for examination forthwith, or at a date to be then fixed 
by him, — and by adding at the end of said section the 
words : — A debtor taken into custody on a capias issued 
under this or the following section shall be subject to the 
provisions of sections twenty-nine, thirty, thirty-one, sixty- 
five and sixty-six of this chapter, so far as they relate to male 
debtors arrested on execution, except that the only condi- 
tion of the recognizance following an arrest on a capias 
issued under this section, shall be that within ten days 
after the day of her arrest she will present herself before 
the magistrate issuing the capias, for further proceedings as 
stated in section nine of this chapter, first leaving at the 
oflSce of the attorney of record for the creditor in these 
proceedings, a written notice of the time and place at which 
she will so present herself, or if there is no such attorney by 
delivering it to the creditor, at least twenty four hours 
before said time, and a copy of the notice, accompanied by 
the debtor's sworn statement of the time and place where 
said service was made, shall be filed with the magistrate, 
who shall cause a record of the filing of the certificate and 
the appearance of the debtor to be made in the proceed- 
RpooRiiizances ings, — SO as to read as follows: — Section S. If the debtor 

of female « .1 1 • 1 i 1 • ji -^ • 

judKment fails to appear at the time and place named m the citation, 
upon proof of service by the return of the officer, either by 
delivering an attested copy to the debtor or by leaving it 
at her last and usual place of abode, or if the debtor fails 
to appear at any adjournment of the hearing, upon the re- 
quest of the creditor, the magistrate may issue a capias 
to bring her before him for examination forthwith, or at a 
date to be then fixed by him, which may be served by an 
officer qualified to serve the citation. A debtor taken into 



Acts, 1911. — Chap. 192. 143 

custody on a capias issued under this or the following 
section shall he subject to the provisions of sections twenty- 
nine, thirty, thirty-one, sixty-five and sixty-six of this chap- 
ter, so far as they relate to male debtors arrested on execu- 
tion, except that the only condition of the recognizance 
following an arrest on a capias issued under this section, 
shall be that within ten days after the day of her arrest she 
will present herself before the magistrate issuing the capias, 
for further proceedings as stated in section nine of this chap- 
ter, first leaving at the office of the attorney of record for 
the creditor in these proceedings, a WTitten notice of the 
time and place at which she will so present herself, or if 
there is no such attorney by delivering it to the creditor, 
at least twenty-four hours before said time, and a copy of 
the notice, accompanied by the debtor's sworn statement 
of the time and place where said service was made, shall be 
filed with the magistrate, who shall cause a record of the 
filing of the certificate and the appearance of the debtor 
to be made in the proceedings. 

Section 2. Section nine of said chapter one hundred and fm^„ded^' ^ ^' 
sixty-eight is hereby amended by inserting after the word 
"magistrate", in the second line, the words: — or when she 
appears before him in accordance with the terms of her 
recognizance, shall be informed by him, or under his direc- 
tion, of her liability upon a subsequent default. She then, 
— by inserting after the word "creditor", in the fourth 
line, the words : — either forthwith, or at such time as may 
be fixed by agreement or by direction of the magistrate. 
The examination shall be oral or in writing, at the discre- 
tion of the magistrate, and if, — and by adding at the end 
of said section the words: — The examination may be 
adjourned from time to time in the discretion of the magis- 
trate, and if the debtor after having once been before the 
magistrate by reason of a capias issued under section eight, 
again makes default, she shall be considered in contempt 
of the magistrate, who may issue a capias to bring her before 
him to answer therefor, and after a hearing, if no satisfac- 
tory reason is shown for the default, the magistrate may pun- 
ish the debtor for the contempt by a fine not exceeding 
fifty dollars, or by imprisonment in jail for not more than 
fifteen days. The magistrate may require the debtor to 
continue the examination after the contempt proceedings 
have been disposed of, with liability to punishment in like 
manner for failure to attend any subsequent hearing. A 



144 Acts, 1911. — Chap. 192. 

capias issued under this section may he served by an officer 
qualified to serve the execution, and if the arrest is made 
when the court is not sitting and the debtor wishes to recog- 
nize, the only condition of the recognizance shall be that 
she will appear before the magistrate issuing the capias at 
the opening of the next sitting of the court, and remain 
until her matter is reached for action. Under this form of 
recognizance the debtor shall not be required to notify the 
creditor or his attorney of her intention to appear. It shall 
be the duty of the arresting officer to be present with the 
capias at the opening of said sitting, and, unless sooner 
excused by the magistrate, he shall remain in attendance 
to execute such further process as may be issued in con- 
nection with said arrest. Upon the return of the capias to 
the magistrate the debtor shall be called and a record of the 
facts made in the proceedings, — so as to read as follows: 
Uon^Ltc* — Section 9. The judgment debtor, when so brought before 

said magistrate, or when she appears before him in accord- 
ance with the terms of her recognizance, shall be informed 
by him, or under his direction, of her liability upon a sub- 
sequent default. She then shall be sworn to make true, 
full and perfect answers relative to her property and the 
disposal thereof; and she shall thereupon be examined by 
the judgment creditor either forthwith, or at such time as 
may be fixed by agreement or by direction of the magistrate. 
The examination shall be oral or in writing, at the discre- 
tion of the magistrate, and if upon written interrogatories, 
in the presence of the magistrate or otherwise as he shall 
order; and after such examination she may add such other 
facts as she may consider necessary, and the judgment 
creditor may re-examine her relative thereto. Such exam- 
ination shall be signed by her and filed with said magistrate. 
Either party may introduce evidence relative to the subject 
of such examination. The examination may be adjourned 
from time to time in the discretion of the magistrate, and 
if the debtor, after liaving once been l)efore the magistrate 
by reason of a capias issued under section eight, again makes 
default, she shall be considered in contempt of the magis- 
trate, who may issue a capias to bring her before him to 
answer therefor, and after a hearing, if no satisfactory rea- 
son is shown for the default, the magistrate may j)unish the 
debtor for the conteinj^t by a fine not exceeding fifty dol- 
lars, or by iniprisonnient in jail for not more than fifteen 
days. The magistrate may require the debtor to contiiuie 



Acts, 1911. — Chap. 192. 145 

the examination after the contempt proceedings have been 
disposed of, with habihty to punishment in Hke manner for 
failure to attend any subsequent hearing. A capias issued 
under this section may be served by an officer quahfied to 
serve the execution, and if the arrest is made when the court 
is not sitting and the debtor wishes to recognize, the only 
condition of the recognizance shall be that she will appear 
before the magistrate issuing the capias at the opening of 
the next sitting of the court, and remain until her matter is 
reached for action. Under this form of recognizance the 
debtor shall not be required to notify the creditor or his 
attorney of her intention to appear. It shall be the duty of 
the arresting officer to be present with the capias at the 
opening of said sitting, and, unless sooner excused by the 
magistrate, he shall remain in attendance to execute such 
further process as may be issued in connection with said 
arrest. Upon the return of the capias to the magistrate 
the debtor shall be called and a record of the facts made 
in the proceedings. 

Section 3. Section ten of said chapter one hundred and f\]^- ^^^' 
sixty-eight is hereby amended by inserting after the word amended, 
"upon", in the first line, the words: — the completion of, 
— so as to read as follows : — Section 10. If it appears Surrender 
upon the completion of such examination that the judgment eto"^"^^^ ^' 
debtor has property of the value of twenty dollars not ex- 
empt from attachment or from being taken on execution 
or which cannot be reached on execution, judgment to that 
effect shall be entered and she shall produce such property, 
or so much thereof as may be needed to satisfy such execu- 
tion with the costs of the proceedings upon such citation; 
or if said property is not within the county in which the 
proceedings are had, or not capable of being taken on execu- 
tion, she shall execute and deliver to the judgment creditor 
or to a person in his behalf a transfer, assignment or con- 
veyance thereof, or of so much thereof as may be sufficient 
to satisfy said execution and said costs, or to secure the 
payment thereof. If, upon being ordered so to do, she fails 
to comply with such order, she shall be committed by said 
magistrate as for a contempt, until she complies with such 
order or is otherwise discharged according to law. 

Section 4. Section twenty-seven of said chapter one hun- r. l. les, 
dred and sixty-eight is hereby amended by inserting after fmJnded. 
the word "required", in the second line, the words: — or 
on a capias issued under sections eight or nine of this chap- 



146 Acts, 1911. — Chaps. 193, 191, 195. 

Arrest, etc. ter, — SO as to read as follows : — Section 27. An arrest 
shall not be made after sunset, in cases in which a certificate 
of a magistrate is required, or on a capias issued under sec- 
tions eight or nine of this chapter, unless it is specially 
authorized therein for cause. 

Capias, etc. SECTION 5. The amount and date of recovery of the 

judgment, the names of all parties to the action, and the 
conditions under which the debtor may recognize when taken 
into custody, shall be stated in every capias issued under 
this act. 

^^^^^^- Section 6. All acts and parts of acts inconsistent here- 

with are hereby repealed. Apjjroved March 25, 1911. 

CJuqy.X^'d An Act relative to work for prisoners and the use 

OF A LOG AND CHAIN. 

Be it enacted, etc., as follows: 

TL^hSzs, Section thirty-seven of chapter two hundred and twenty- 

§ 37. gyg q£ ^j^g Revised Laws, relative to work for prisoners and 

the use of a log and chain on prisoners, is hereby repealed. 

Approved March 25, 1911. 

Chap.VdA: An Act relative to trespassing upon lands of the 

PRISON CAMP AND HOSPITAL AND THE INDUSTRIAL SCHOOL 
FOR BOYS. 

Be it enacted, etc., as follows: 

^tc.^ext^nded. I'h^ provisions of section one hundred and twelve of 
chapter two hundred and eight of the Revised Laws, and 
of amendments thereof, providing a penalty for tresjiassing 
upon land of certain institutions, are hereby extended and 
made applicable to the lands of the prison camp and hos- 
j)ital in Rutland, and of the industrial school for boys in 
Shirley. Approved March 25, 1911. 

Chap.Y,)^ An Act to provide for storage facilities on prison 
premises where goods are made for use in public 
institutions. 

Be it enacted, etc., as follows: 

flriuumon Section 1. There may be expended from the Prison 

prison prem- Lulustrics Fund sucli auiounts as the prison commissioners 

ises, etc. * 



Acts, 1911. — Chats. 196, 197. 117 

shall authorize from time to time for the purpose of provid- 
ing upon prison premises storage room that may be needed 
in connection with the work of making goods for the use 
of public institutions. 

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

Approved March 25, 1911. 

An Act relative to the use of school halls in the (JJiajj.X'^Q 

CITY OF MALDEN. 

Be it enacted, etc., as folloios: 

Section 1. The city of Maiden is hereby authorized to useofhaiia 
grant the temporary use of halls in school buildings upon bufidings in 
such terms and conditions and for such public or educational ^^^xdJn °^ 
purposes as the school committee of the city may deem wise: 
provided, however, that such use shall not in any way inter- Proviso. 
fere or be inconsistent with the use thereof for school pur- 
poses. 

Section 2. This act shall be submitted to the city coun- to be sub- 
oil of the city, and shall take effect upon its acceptance by "i" council!' 
a two thirds vote of the members present and voting, in each 
branch, and upon the approval of the mayor. 

Section 3. So much of this act as authorizes its submis- Time of 
sion to the city council shall take effect upon its passage, '' '"^ "^ 
but it shall not further take effect until accepted by the city 
council as herein provided. 

Section 4 Nothing herein contained shall impair or Powers of the 
limit the powers and duties conferred and imposed by law not impaired. 
upon the district police. Approved March 25, 1911. 



An Act to authorize the city of malden to establish Chap.197 

A PUBLIC GROUNDS COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The mayor and aldermen of the city of Ma'idilfmly 
Maiden shall, within sixty days after the acceptance of ^Jf}]''^*^^,^ 
this act, as hereinafter provided, appoint five persons to be commission. 
members of the public grounds commission, whose terms of 
office shall expire on the first day of IVIarch in the years 
nineteen hundred and twelve, nineteen hundred and thirteen, 
nineteen hundred and fourteen, nineteen hundred and fifteen, 
and nineteen hundred and sixteen, respectively, and shall 
thereafter, before March first in each year, appoint one 



us 



Acts, 1911. — Chap. 197. 



Powers and 
duties. 



Superin- 
tendence of 
public burial 
grounds, etc. 



person to serve for five years as a member of said commis- 
sion. The members of the commission shall hold their office 
until others shall be chosen and qualified in their stead. 
Vacancies may be filled by the mayor and aldermen at any 
time, and removals may be made by them for cause. The 
persons so appointed shall constitute the public grounds 
commission of the city of INIalden. They shall receive no 
compensation for their services. 

Section 2. All the powers and duties vested by exist- 
ing laws in the board of park commissioners of the said city 
shall vest in and be exercised and performed by the public 
grounds commission after the appointment and qualifica- 
tion of its members. The appointment and ciualification 
of said public grounds commission shall abolish said board 
of park commissioners. 

Section 3. Said commission shall have the sole care, 
superintendence and management of all j)ublic burial grounds 
in said cit}^ may lay out any existing public burial grounds 
in the city or any land purchased and set apart by the city 
for cemeteries and other public burial grounds in lots or 
other suitable sub-divisions with proper paths and avenues, 
may plant, embellish, ornament and fence the same and 
erect therein such suitable edifices and conveniences and 
make such improvements as it considers convenient; 
and may make such regulations, not inconsistent with 
law, as it considers expedient; and shall have and exercise 
all the powers and duties vested by law in said city relative 
to cemeteries. Said commission ma;^', by deed made and 
executed in such manner and form as it may prescribe, 
convey to any person the sole and exclusive right of burial 
in any lot in said cemetery and of erecting tombs, ceno- 
taphs and other monuments or structures thereon upon such 
terms and conditions as its regulations prescribe. Such 
deeds and all subsecpient deeds of such lots made by the 
owners thereof shall be recorded by said commission in suit- 
able books of record, which shall be open to the public at 
all reasonable times. The said commission is authorized to 
take and hold any grant, gift, bequest or deposit that may 
be made upon trust, and to ai)ply tiie same, or the income 
thereof, to the improvement or embellishment of the said 
cemeteries, in any manner or form consistent with the pur- 
poses for which it was established. And when such a grant, 
gift, befpiest or deposit is made by the proprietor of a lot 
for its repair, preservation or enibeliishment, the commis- 



Acts, 1911. — Chap. 197. U9 

sion may give to such proprietor an agreement or obligation 
in such form, and upon such terms and conditions as it 
may estabhsh, binding the city to keep the lot in repair 
forever, or for such period as may be agreed upon. All 
sums of money so received shall immediately be paid to the 
city treasurer, and be invested by him, under the direction 
of said commission, in securities named or described in the 
law governing investments by savings banks, or by deposit 
in any savings bank, national bank or trust company in the 
commonwealth; and shall always remain separate from and 
independent of any other moneys or property belonging to 
the city, and free from the control of the city council. The 
income of such fund or funds shall be received by the city 
treasurer, and shall be appropriated by the said commis- 
sion in such manner as will in its opinion promote the purposes 
for which such grants, gifts, bequests or deposits were made. 

Said commission shall have control of any appropriation Control of 
which may be made for the cemeteries by the city council, '■*pp''op'''ation. 
and the use and control of all receipts including the proceeds 
of the sales of rights of burial. All such funds shall be re- 
ceived and disbursed by the city treasurer. 

Section 4. Said commission is authorized, subject to May appoint 
the provisions of chapter nineteen of the Revised Laws, employees. 
and acts in amendment thereof and in addition thereto, to 
appoint its agents and employees, define their duties and 
fix their compensation, and in general to do all things neces- 
sary for the proper performance of their duties. Except as 
hereinbefore provided, said commission shall not incur or 
authorize any expenditure without a previous appropria- 
tion therefor by the city council. 

Section 5. Said commission shall annually, in January, Report. 
submit to the city council a report, containing a statement 
of the condition of the public grounds, and an account, in 
detail, of its receipts and expenditures. 

Section 6. This act shall be submitted to the city coun- To be sub- 
cil of the city, and shall take effect upon its acceptance by dty council^ 
a two thirds vote of the members present and voting, in ^^nd'^''^^^' 
each branch, with the approval of the major. 

Section 7. So much of this act as authorizes its submis- Time of 
sion to the city council of the city shall take effect upon ^ '°^ ^ 
its passage, but it shall not further take effect until accepted 
by the city council as herein provided. 

Approved March 25, 1911. 



150 



Acts, 1911. — Chaps. 198, 199, 200. 



Chap.198 An Act relative to the protection of homing pigeons. 
Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person, not 
being the rightful owner, to catch, detain, shoot or kill, 
injure, or in any way interfere with a homing or carrier 
pigeon, or to remove any identification mark, band or other 
thing from such a pigeon. 

Section 2. Whoever violates any provision of this act 
shall be punished by a fine of not less than twenty-five nor 
more than fifty dollars for each pigeon in respect to which 
the violation occurs. Approved March 25, 1911. 



Protection 
of homing 
pigeons. 



Penalty. 



C/iajJ.l^d An Act relative to the examination of applicants by 
the board of registration in veterinary medicine. 

Be it enacted, etc., as follows: 

Section five of chapter two hundred and forty-nine of the 
acts of the year nineteen hundred and three is hereby amended 
by striking out the word "and", in the last line, and by 
adding at the end of said section the words: — and veteri- 
nary dentistry, — so as to read as follows : — Section 5. Ex- 
aminations shall be held at least twice annually, and shall 
be exclusively in writing, in English. There shall be suit- 
able questions to test the requisite knowledge of the appli- 
cants in the following subjects : — Anatomy, surgery, 
physiology, animal parasites, obstetrics, pathology, bac- 
teriology, diagnosis and practice, therapeutics, materia 
raedica and veterinary dentistry. 

Approved March 25, 1911. 



1903, 249, 
§ 5, amended. 



Examina- 
tions. 



Cha2y.200 An Act to authorize the town of north attlerorough 

to incur indebtedness for the purpose of SECI'RING 

a location for the boston and providence interurban 
electric railroad company. 

Be it enacted, etc., as follows: 

J'eminra'ii'' Section 1. The town of North Attleborough, acting 
way company through its bourd of Selectmen, is hereby authorized to sub- 
of North scribe to a fund to be paid to the Boston and Pro\itlence 

Attleborough. i.^t^.^jj^ban Elcctric Railroad Company- for the puri)ose of 
securing a location and right of way for said railroad com- 
pany, which will pass through said town and near the centre 



Acts, 1911. — Chap. 201. 151 

thereof at Cheever's corner, so-called : provided, however, that Proviso, 
said subscription shall become void in case said railroad 
company shall not have constructed its railroad through 
the town of North Attleborough, on or before January first, 
nineteen hundred and sixteen. 

Section 2. The town of North Attleborough, for the North Attie- 
purpose of paying the necessary expenses and liabilities Iwc^Rlnroad 
incurred under this act, may incur indebtedness to an ^"g'J"; ^"^^ ^'^ 
amount not exceeding twenty thousand dollars, and may 
issue therefor bonds or notes. Such bonds or notes shall 
bear on their face the words. North Attleborough Electric 
Railroad Loan, Act of 1911, shall be payable within periods 
not exceeding ten years from the dates of issue, and shall 
bear interest, payable semi-annually, at a rate not exceed- 
ing 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, 
but they shall not be sold for less than their par value. The 
proceeds shall l)e paid by the treasurer of the town, upon 
the order of a majority of the board of selectmen, for the 
expenses and purposes aforesaid: yravided, however, that no Proviso. 
such bonds or notes shall be issued until the said railroad 
has been constructed as provided in section one of this act. 

Section 3. The town shall at the time of authorizing Payment of 
the said loan provide for the payment thereof in such annual 
payments as will extinguish the same within the time pre- 
scribed by this act, and, when such provision has been made, 
the amount required 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 the town is extinguished. 

Section 4. This act shall take effect upon its passage. 

Approved March 25, 1911. 

An Act relative to the construction of a sewerage QJfap. 201 

system by the town of LEXINGTON. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and §^i° ^amended. 
fifty-nine of the acts of the year nineteen hundred and six 
is hereby amended by inserting after the word "determine", 
in the eleventh line, the words: — but they may from time 
to time, whether before or after beginning the work of con- 



152 



Acts, 1911. — Chap. 202. 



Plan of pro- 
posed system 
of sewerage 
for the town 
of Lexington. 



Percentage 
of cost to be 
paid by 
abutting 
landowners. 



struction, make such alterations in the location or character 
of the main or any connecting sewer as shall be approved 
by the state board of health after the submission of such 
detailed plans and descriptions as said board may require, 
— so as to read as follows: — Section 1. The town of Lex- 
ington, in establishing a system of sewerage, pursuant to 
the provisions of chapter five hundred and four of the acts 
of the year eighteen hundred and ninety-seven as hereby 
amended, shall construct initially sewers in such streets, 
ways and places, agreeably to the general scheme of sewage 
disposal appearing on the lithographed plan entitled "Plan 
showing proposed system of sewers for the town of Lexing- 
ton, Mass., designed by McClintock & Woodfall, Civil 
Engineers", dated 1897, and for such distances as the sewer 
commissioners shall determine; but they may from time 
to time, whether before or after beginning the work of con- 
struction, make such alterations in the location or character 
of the main or any connecting sewer as shall be approved 
by the state board of health after the submission of such 
detailed plans and descriptions as said board may require. 
Said sewers may have under-drains along such portions of 
them as the commissioners shall determine. 

Section 2. If the town should, by vote passed before 
it authorizes the construction of a sewerage system declare 
that the percentage of approximate cost of such original 
installation to be paid by abutting landowners shall be 
sixty-six and two thirds per cent, instead of seventy-five 
per cent as now provided in said chapter three himdred and 
fifty-nine, the provisions thereof shall be construed as if 
they were hereby amended by substituting the words: — 
sixty-six and two thirds per cent, — for the words " seventy- 
five per cent", wherever they occur in said chapter. 

Section 3. This act shall take effect upon its passage. 

Approved March 25, 1911. 



Chap.20^ An Act rel.\tive to female truants in the city of 

Boston. 



Committal 
of female 
truants, etc. 



Be it enacted, etc., as follows: 

Section 1. Ilal^itual female truants, female absentees 
and habitual female school olVeiiders committed in the citv 
of Boston shall l)e committed to the charge and custody of 
the Children's Institutions Trustees to be by them cared 
for ill tlie same manner as negleeted children. 



Acts, 1911. — Chaps. 203, 204. 153 

Section 2. All provisions of law inconsistent herewith Repeal. 
are hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved March 25, 1911. 



An Act relative to the expense of maintaining and (Jji^jy 203 

OPERATING A CERTAIN BRIDGE ACROSS THE POWOW RIVER 
IN THE TOWN OF AMESBURY. 

Be it enacted, etc., as fuUows: 

Section 1. The expense of maintaining and operating Maintenance 
the Powow bridge, so-called, across the Powow river in fionofthe 
the town of Amesbury, shall, in the first instance, be paid bridge e'tJ^'^ 
out of the treasury of the county of Essex. The county 
commissioners of the county of Essex shall have full control 
of said bridge and shall annually in the month of November 
submit to the town of Amesbury a true statement of the 
expense of its maintenance and operation; and within thirty 
days thereafter the said town shall pay into the treasury 
of the county of Essex sixty per cent of said expense, and 
if the town shall refuse or neglect to pay its proportion as 
required aforesaid the said commissioners shall, after a 
notice to the town, issue a warrant for its proportion, deter- 
mined as aforesaid, with interest and the costs of the notice 
and warrant, and the same shall be collected and paid into 
the treasury of said county, to be applied in payment of 
the expense aforesaid. 

Section 2. Any street railway company having a loca- Proportion 
tion on said bridge shall annually pay into the treasury of bepa^'by '° 
the county of Essex, toward keeping said bridge in repair, c^Jj^*^* nf ^''^ 
a portion of the total excise and franchise taxes payable by 
such corporation, equivalent to the proportion of its mile- 
age located upon said bridge to its total mileage, determined 
according to law. 

Section 3. This act shall take effect upon its passage. 

Approved March 25, 1911. 

An Act to provide for the appointment of inspectors (JJidyj 204 
OF crude petroleum and its products. 

Be it enacted, etc., as follows: 

Section 1. The mayor and aldermen of a city, the inspectors 
selectmen of a town of more than fifteen hundred inhabit- petroleum, etc 



154 Acts, 1911. — Chap. 205. 

ants and, upon the written application of five or more 
citizens of a town of less than fifteen hundred inhabitants, 
the selectmen thereof, shall annually appoint and fix the 
compensation of one or more inspectors of petroleum who, 
before entering upon their official duties, shall be sworn 
and who shall not be interested in the sale of crude petro- 
leum or in the sale or manufacture of petroleum or earth 
rock oil or in any of their products. The compensation of 
said inspectors shall be paid by persons who require their 
services under the provisions of the following section. 

und'approvai. SECTION 2. No pcrson shall sell or keep for sale, at 
wholesale or retail, for illuminating purposes any kerosene, 
refined petroleum or any product of petroleum, unless it 
has been inspected and approved by an inspector authorized 
in this commonwealth. 

b/tawyi'etc. Section 3. Cities and towns may adopt ordinances, by- 

laws and regulations, not inconsistent with law, relative to 
the inspection of the oils named in the preceding section 
which have not been inspected and approved by an insj)ector. 

Repeal. SECTION 4, So inucli of any act as is inconsistent here- 

with is hereby repealed. 
Section 5. This act shall take effect upon its passage. 

Approved March 25, 1911. 

Chap.20^ An Act relative to the kinds of business which may 

BE DONE BY INSURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Vsl'etl^,' Section 1. Section thirty-four of chapter five hundred 

amended. g^j^^l scvcuty-six of the acts of the year nineteen hundred 
and seven, as amended by chapter eighty-one of the acts 
of the year nineteen hundred and eight, and by chapter four 
hundred and eighty-eight of the acts of the year nineteen 
hundred and nine, and by chapter four hundred and ninety- 
nine of the acts of the year nineteen hundred and ten, is 
hereby further amended by inserting after clause "//", a 
new clause to be lettered clause i, as follows: — i. The kinds 
of business specified in the sixth clause of section thirty- 
two, and also insurance against the sickness and the bodily 
injury or the death by accident of the insured, if })erniitted 
to transact either kind, and if it has a ])aid-uj) capital of 
not less than two hundred thousand dollars. 

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

Approved March JS, 1911, 



Acts, 1911. — Chaps. 20G, 207. ' 155 



An Act relative to the appointment of guardians for Ckap.206 

INSANE PERSONS AND OF CONSERVATORS. 

Be it enacted, etc., a^ follows: 

Section 1. A guardian of an insane person, or a con- Appointment 
servator of the property of a person who is unable properly InnsLl^"^ 
to care for his property by reason of advanced age or mental persons, etc. 
weakness, shall not be appointed without such notice as the 
probate court may order to the heirs apparent or presump- 
tive of such person; but the probate court may, without 
such notice, appoint a temporary guardian of an insane 
person or a conservator upon the petition of the person of 
whose property a conservator is to be appointed. 

Section 2. The notice required by this act shall be in Notice of ap- 
addition to the notice now required by law. pomtment. 

Section 3. This act shall take effect upon its passage. 

Approved March 28, 1911. 



An Act relative to the appointment and duties of Chap.207 

town accountants. 

Be it enacted, etc., as follows: 

Section six of chapter six hundred and twenty-four of g^g^^^^l^^e^ 
the acts of the year nineteen hundred and ten is hereby 
amended by striking out the word "who", in the seventh 
line, and inserting in place thereof the words : — or to such 
committee as the town may appoint to consider and report 
on proposed appropriations. The selectmen, or said com- 
mittee when so appointed, — so as to read as follows: — 
Section 6. The town accountant shall immediately upon Tabulated 
the close of the fiscal year compile statements in tabulated blffu^ni^hed! 
form so as to show the amounts appropriated and the *'^'^- 
amounts expended from each appropriation during the pre- 
ceding year, and the estimates for the current year, and 
shall forthwith furnish a copy of the same to the selectmen, 
or to such committee as the town may appoint to consider 
and report on proposed appropriations. The selectmen, or 
said committee when so appointed, shall, after due consider- 
ation, designate the amounts which in their opinion should 
be appropriated for the ensuing year, and shall accompany 
the same with such explanations and suggestions in relation 
to proposed appropriations as they may deem desirable for 
the proper information of the citizens. The selectmen shall 



156 



Acts, 1911. — Chap. 208. 



cause this document to be printed .and to be distributed in 
advance of or at the annual town meeting, and the town 
clerk shall transmit a copy of the same and of all town 
reports to the director of the bureau of statistics. 

Approved March 28, 1911. 



Chap.208 An Act relative to the weekly payment of wages by 

EXPRESS companies. 



1909, 514, 
§ 112, etc., 
amended. 



Weekly pay- 
ment of 
wages, etc. 



Be it enacted, etc., as folloivs: 

Section one hundred and twelve of chapter five hundred 
and fourteen of the acts of the year nineteen hundred and 
nine, as amended by chapter three hundred and fifty of the 
acts of the year nineteen hundred and ten, is hereby further 
amended by striking out the word "incorporated", in the 
third line, so as to read as follows: — Section 112. Every 
manufacturing, mining, or quarrying, mercantile, railroad, 
street railway, telegraph or telephone corporation, every ex- 
press company or water company, and every contractor, 
person or partnership engaged in any manufacturing business, 
in any of the building trades, in quarries or mines, upon public 
works or in the construction or repair of railroads, street 
railways, roads, bridges or sewers, or of gas, water or elec- 
tric 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 full on the 
following regular pay day; and any employee discharged 
from such employment shall be paid in full on the day of 
his discharge, or in the city of Boston as soon as the pro- 
visions of law requiring pay rolls, bills and accounts to be 
certified shall have been complied with; and the common- 
wealth, 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, and every county and city 
shall so pay every employee who is engaged in its business 
the wages or salary earned by him, unless such mechanic, 
workman, laborer or employee requests in writing to be paid 
in a different maimer; and every town shall so pay each 
emj)loyee in its business if so re(iuirt'd by him; but an 
employee who is ab.scnt from his regular ])lace of labor at 
a time fixed for payment shall be paid thereafter on demand. 
The provisions of this section shall not apply to an emj)loyee 



Acts, 1911. — Chaps. 209, 210. 157 

of a co-operative corporation or association if he is a stock- 
holder therein unless he requests such corporation to pay 
him weekly. The board of railroad commissioners, after a 
hearing, may exempt any railroad corporation from paying 
weekly any of its employees if it appears to the board that 
such employees prefer less frequent payments, and that 
their interests and the interests of the public will not suffer 
thereby. No corporation, contractor, person or partner- 
ship 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 Penalty, 
provisions of this section shall be punished by a fine of not 
less than ten nor more than fifty dollars. 

Ayyroved March 28, 1911. 

An Act to authorize the city of boston to grant a ChaiJ.^Od 

PENSION TO E. BRADFORD GAY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the spirit of Boston m°fy 
loyalty and patriotism, and in recognition of the sacrifice f-^^l^^^"^' 
made both for the commonwealth and for the United States, Bradford Gay. 
and as a testimonial for most meritorious service such as 
the commonwealth may rightly give and such as her sons 
may honorably accept and receive, and in consideration of 
faithful services rendered to the city of Boston, the said 
city is hereby authorized, by vote of its city council approved 
in writing by the mayor, to place E. Bradford Gay, a veteran 
of the civil war, and late master of the Warren grammar 
school of the city of Boston, upon the pension roll of the 
city at a pension not exceeding fifty dollars a month. 

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

Approved March 28, 1911. 

An Act relative to vacations of members of police (7Aa/?.210 

DEPARTMENTS, EXCEPT IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Members of the police department of every vacations of 
city and town which shall accept this act as hereinafter police de- 
provided, except the city of Boston, shall be excused from p^^*™""^^- 
duty for one day out of every fifteen days, without loss of 
pay. The time and the manner of excusing members of 
police departments from duty, in accordance with the pro- 



158 



Acts, 1911. — Chap. 211, 



Time of 
taking vaca- 
tions, etc. 



Time of 
taking effect. 



visions of this act, shall be determined by the chief, super- 
intendent or other officer or board at the head of the police 
department. A member so excused shall be exempt from 
duty and from attendance at a police station or other place, 
but otherwise shall be subject to all laws, rules and regula- 
tions relating to members of the department to which he 
belongs. 

Section 2. The chief, superintendent or other officer or 
board at the head of the police department of any cit}' or 
town, except the city of Boston, shall have authority, in 
case of an}^ public emergency, or of any unusual demand 
for the services of the police in that city or town, to prevent 
any member of the department from taking the day off 
herein provided for at the time when he is entitled thereto, 
or at the time assigned therefor, provided that such day off 
shall be granted to him as soon thereafter as is practicable. 
In no case shall the number of such days off be less than 
twenty-four in each calendar year, and they shall be in 
addition to any annual vacation now or hereafter allowed 
to members of the said departments, and such annual vaca- 
tion shall not be diminished on account of the davs off 
herein provided for. 

Section 3. This act shall take effect in any city upon 
its acceptance by the mayor and city council or correspond- 
ing board of the city, and in any town upon its acceptance 
by the selectmen of the town. 

Ajwoved March 28, 1011. 



Ckap.2 



1008, 590, 
§ 36, 
amended. 



11 An Act to authorize savings banks to receive deposits 

FROM school children. 

Be it enacted, etc., as follows: 

Section thirty-six of chapter five hundred and ninety of 
the acts of the year nineteen hundred and eight is hereby 
amended by inserting after the word "gi\en", in the thir- 
teenth line, the following: — provided, however, that, in order 
to encourage saving among the children in the schools of 
this connnonwcalth, the corjxjration may, with the written 
consent of and under regulations a])proved by the com- 
missioner and, in the case of public schools, by the commis- 
sioner and the school committee in the city or town in which 
the school is situated arrange for the collection of saving.s 
from the school children by the principal or teachers of 
such schools or by collectors. All moneys so collected shall 



Acts, 1911. — Chap. 211. 159 

be entered on an individual deposit card furnished by the 
corporation, but the total collections received by the cor- 
poration from any one principal or teacher may be entered 
in the name of such principal or teacher as trustee. When, 
however, the amoinit deposited by any one pupil and credited 
on the deposit card equals the minimum amount upon which 
interest is allowed the corporation shall issue a pass book to 
such pupil and thereafter, when the amount deposited by 
the pupil and credited on the deposit card equals the sum 
of one dollar, it shall be transferred to the deposit book by 
the corporation. The principal, teacher or person author- 
ized by the corporation to make collections from the school 
children shall be deemed to be the agent of the corpora- 
tion and the corporation shall be liable to the pupil for all 
deposits made with such principal, teacher or other person 
and entered upon the deposit card, the same as if the deposit 
were made by the pupil directly with the corporation, — 
so as to read as follows: — Section 36. Such corporation riateof 
shall carry on its usual business at its banking house only, busme^f, etc. 
and a deposit shall not be received or payment on account 
of deposits be made by the corporation or by a person on 
its account in any other place than at its banking house, 
which shall be in the city or town in which the corpora- 
tion is established; except that the corporation may, with 
the written permission of and under regulations approved 
by the commissioner, maintain and establish one or more 
branch offices or depots, for the receipt of deposits only, in 
the city or town in which its banking house is located, or in 
towns not more than fifteen miles distant therefrom in which 
there is no savings bank at the time when such permission 
is given: lyrouded, however, that, in order to encourage sav- Proviso, 
ing among the children in the schools of this commonwealth, 
the corporation may, with the written consent of and under 
regulations approved by the commissioner and, in the case 
of public schools, by the commissioner and the school com- 
mittee in the city or town in which the school is situated 
arrange for the collection of savings from the school children 
by the principal or teachers of such schools or by collectors. 
All moneys so collected shall be entered on an individual 
deposit card furnished by the corporation, but the total col- 
lections received by the corporation from any one principal 
or teacher may be entered in the name of such principal or 
teacher as trustee. When, however, the amount deposited 
by any one pupil and credited on the deposit card equals 



IGO 



Acts, 1911. — Chap. 212. 



the minimum amount upon which interest is allowed the 
corporation shall issue a pass book to such pupil and there- 
after, when the amount deposited by the pupil and credited 
on the deposit card equals the sum of one dollar, it shall 
be transferred to the deposit book by the corporation. The 
principal, teacher or person authorized by the corporation 
to make collections from the school children shall be deemed 
to be the agent of the corporation and the corporation shall 
be liable to the pupil for all deposits made with such prin- 
cipal, teacher or other person and entered upon the deposit 
card, the same as if the deposit were made by the pupil 
directly with the corporation. The annual meeting, and 
meetings of the trustees or board of investment of such 
corporation, may be held at any place in the city or town 
in which its banking house is located. 

Apjjwrcd March 28, 1911. 



Chap.'2iV2i An Act relative to exceptions in civil causes. 
Be it enacted, etc., as follows: 

Section 1. Section one hundred and six of chapter one 



R. L. 173, 
§ 106, etc., 
amended. 



Exceptions, 
etc. 



hundred and seventy-three of the Re\ised Laws, as amended 
by section three of chapter three hundred and forty -two of 
the acts of the }ear nineteen hundred and six, is hereby 
further amended by striking out the words "except in 
actions tried by three justices of the superior court under 
the provisions of section five of chapter one hundred and 
fifty-seven", in the seventh, eighth and ninth lines, and 
by striking out the last sentence and inserting in j)lace 
thereof the words: — The presiding justice shall thereafter, 
ui)on their presentation to him by any party to the action, 
examine the exceptions, and after hearing the j^arties, deter- 
mine whether they are conformable to the truth. The 
exce})ting i)arty may be allowed to make such amendments 
to his bill of exceptions as will make it a more accmate 
statement of the exceptions originally filed by him. If the 
I)residing justice finds that the exceptions, with any amend- 
ments thereof thus allowed, are conformable to the truth, 
he shall allow them, — so as to read as follows: — Section 
KM). Excei)tioiis may be alleged by any ])arty who is 
aggrieved by an oi)iiiion, ruling, direction or judgment of 
the supreme judicial court or of the superior coiu't which 
is rendered upon any matter of law in any civil cause, accord- 



Acts, 1911. — Chap. 213. 161 



ing to the course of the common law or otherwise, tried by 
a jury or heard by the court, or upon a motion for a new 
trial. The exceptions shall be reduced to writing and filed 
with the clerk, and notice thereof shall be given to the adverse 
party, in civil cases tried by a jury, within twenty days after 
the verdict is rendered, and in cases tried without a jury, 
within twenty days after the notice of the decision has been 
received, unless further time is allowed by the court. The 
presiding justice shall thereafter, upon their presentation to 
him by any party to the action, examine the exceptions, and 
after hearing the parties, determine whether they are con- 
formable to the truth. The excepting party may be allowed 
to make such amendments to his bill of exceptions as will 
make it a more accurate statement of the exceptions origi- 
nally filed by him. If the presiding justice finds that the 
exceptions, with any amendments thereof thus allowed, are 
conformable to the truth, he shall allow them. 

Section 2. If an excepting party, in any civil cause in Exceptions 
which exceptions may be alleged, shall not within such time mi^s^sed, etc. 
after the filing of his exceptions as the court may determine 
to be reasonable thus i^resent them to the court for allowance, 
the court in which the exceptions were taken and filed may, 
after notice to all parties interested, order them to be dis- 
missed, and thereupon proceed to enter judgment in the 
same manner as if no exceptions had been filed. But no 
exceptions shall thus be dismissed within three months after 
the date of their filing. 

Section 3. This act shall take effect upon its passage. 

/Approved March 28, 1911. 



An Act relative to the powers and authority of the (77i«w.213 

WATER commissioners OF THE TOWN OF REVERE. 

Be it enacted, etc., as folloivs: 
Section 1. The water commissioners of the town of fut^ortty"f 



Revere, elected under authority of chapter four hundred thewateV 

coiuniissio] 

and fifty-seven of the acts of the year nineteen hundred ersofthe 
and four, may expend out of the money paid for the use of R^ere. 
water a sum not exceeding five thousand dollars in any 
one year for new construction. 
Section 2. This act shall take effect upon its passage. 

Approved March 28, 1911. 



162 Acts, 1911. — Chaps. 214, 215, 216. 



(7Aap.214 An Act to authorize the board of railroad commis- 
sioners TO employ the engineer of grade crossings 

APPOINTED BY THE ATTORNEY-GENERAL. 

Be it enacted, etc., as follows: 

?idhoad com- The board of railroad commissioners is hereby authorized 
m'rve'nTlov ^^ employ the engineer of grade crossings a|)i)ointed under 
thccngineer tlic provisious of scction onc of chapter three hundred and 
crosl'ings, etc. scventy-two of the acts of the year nineteen hundred and 
eight, upon engineering work, to such extent as the board 
Proviso. may deem expedient: provided, however, that such emj^loy- 

ment shall not interfere with the duties required of said 
engineer by said section. The board shall determine the 
cost of such services upon the basis of the annual compen- 
sation received by the said engineer under the provisions 
of the said section, and shall pay to him the amount so 
determined, which amount shall be deducted from such 
annual compensation. Approved March 28, 1011. 

Chaj).215 An Act to forbid trapping with scented bait. 

Be it enacted, etc., as follows: 

topping^ Every person who shall set, place or locate a tvn\) or snare 

]^^||» s<=ente(i Qf g^jjy ]^iYi(\ with scent, so-called, or scented bait upon or 
near the premises of another, without the consent of the 
owner or occupant of said ]:)remises, shall, upon convic- 
tion, be i)unishcd for each offence by a fine of not more 
than fifty dollars or by imprisonment for not more than 
thirty days, or by both such fine and imprisonment. 

Approved March 28, 1911. 



Chap.^Xi) An Act relative to the punishment for embezzlement. 

Be it enacted, etc., as follows: 

R.L.208, Section 1. Section forty-four of chapter two hundred 

amended. jjud ciglit of tlic Rcviscd Laws is hereby amendetl by strik- 
ing out the word "ten", in the eighth line, and inserting in 
j)lace thereof the word: — fifteen, — by striking out tin* word 
"one", in the ninth line, and inserting in ])la('e thereof the 
word: — two, — and by striking out the word "two", in 
the tenth line, and inserting in place thereof the word: — 



Acts, 1911. — CuArs. 217, 218. 163 

four, — so as to read as follows ; — Section 44- An officer Penalty for 
of an incorporated bank, or a person in the employment convertfng'^ 
of such bank, who fraudulently converts, or fraudulently ^ank^'efc"^* 
takes and secretes with intent so to do, any bullion, money, 
note, bill or other security for money which belongs to and 
is in possession of such bank, or which belongs to any person 
and is deposited therein, shall, whether intrusted with the 
custody thereof or not, be guilty of larceny in said bank, 
and shall be punished by imprisonment in the state prison 
for not more than fifteen years or by a fine of not more 
than two thousand dollars and imprisonment in jail for not 
more than four years. 

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

Approved March 28, 1011. 

An Act relative to the colonizing of insect-destroy- Chap,217 

ING BIRDS WITHIN INFESTED REGIONS. 

Be it enacted, etc., as follows: 

The commissioners on fisheries and game are hereby investigation 



s 



authorized to make an investigation of the means by which des'tro^in 
those birds which feed upon gypsy moths, brown tail moths, ^^^^^' ^^''■ 
leopard moths, cut worms, and other noxious insects, can 
be increased or colonized within infested regions or in special 
locations. Approved March 28, 1911. 

An Act to require the state board of health to make (JJi^y 218 

ANALYSES OF PAINT, TURPENTINE AND LINSEED OIL IN '^ 

CERTAIN CASES. 

Be it enacted, etc., as folloivs: 

Section 1. The state board of health shall make, free Analyses of 
of charge, a chemical analysis of paint, turpentine or linseed pentine"etc. 
oil, or any synthetic substitute for any of the said articles, 
or any preparation containing the same, when submitted to 
it by the chief of the district police; and the board shall 
furnish to the said chief a certificate of the analysis, which 
shall be prima facie evidence of the composition and quality 
of the material so analyzed. 

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

Approved March 28, 1011. 



164 



Acts, 1911. — Ciiaps. 219, 220. 



CompletiiiK 
and furnish- 
ing a build- 
ing for the 
district court 
of East 
Norfolk. 



The county 
of Norfolk 
may borrow 
money, etc. 



Chap.2Vd An Act to provide for completing and furnishing a 

BUILDING AT QUINCY FOR THE DISTRICT COURT OF EAST 
NORFOLK. 

Be it enacted, etc., as follows: 

Section 1. For the purposes mentioned in chapter four 
hundred and seventy-seven of tlie acts of the year nineteen 
hun(h-ed and ten, and for the further purpose of furnishing 
the building to be erected under the provisions of said chap- 
ter, the county commissioners of the county of Norfolk 
may expend a sum not exceeding twenty thousand dollars, 
in addition to that already authorized by said chapter four 
hundred and seventy-seven. 

Section 2. In order to meet the expenses incurred by 
the county under this act, the county commissioners may 
borrow from time to time, upon the credit of the county, 
a sum not exceeding twenty thousand dollars, at a rate of 
interest not exceeding four per cent per annum. This in- 
debtedness shall be paid out of amoinits received for taxes, 
at the rate of not less than four thousand dollars each year, 
beginning one year after said intlebtedness is incurred. 

Section 3. This act shall take effect upon its passage. 

Approved March 28, 1911. 

Cha2).220 An Act to provide for the appointment of an inspector 
OF apiaries and for the suppression of infectious 
or contagious bee diseases. 

Be it enacted, etc., as follows: 

Section 1. The state board of agriculture shall annually 
api)oint some j)erson qualified by scientific training and 
practical experience in bee keeping to be state insj)ector of 
apiaries, who shall be responsil)le to said board for the per- 
formance of his duties under this act, and may be removed 
from office by said board for neglect of duty or malfeasance 
in office. The inspector of apiaries, witii the ai)proval of 
said board, may a])point such deputies, not exceeding three, 
as he may deem necessary. The inspector and each of his 
dei)uties shaU receive five dollars for eaeh day of service 
actually ren<lered under this act and the amount of the 
travelling and other necessary exj)enses incin-red in the said 
service. 

Skction 2, It shall bo the duty of the inspector of ai)i- 
aries to ])repare and distribute from time to time such litera- 



Inspcctor of 
apiaries, 
appointment, 
etc. 



Duties of the 

inspector, 

etc. 



Acts, 1911. — Chap. 220. 105 

ture upon the subject of bee culture, with the approval of 
the state board of agriculture, as may be deemed advisable. 
He shall also annually make or cause to be made through 
his deputies such inspection of the apiaries throughout the 
state as may be deemed necessary to discover and suppress 
all bee diseases of a contagious nature, and he shall have 
authority, with the approval of said board, to make and issue 
reasonable regulations for carrjdng out the provisions of 
this act. 

Section 3. No person shall keep a colony of bees affected {^ee^iroiSj- 
witli the disease known as foul brood, black brood, or with itedincer- 
any other infectious or contagious disease harmful to honey etc 
bees in the egg, larval, pupal or adult stage, except as pro- 
vided by section four of this act; and every bee keeper, when 
he becomes aware of the existence of such a disease among 
his bees, shall at once notify the inspector of apiaries of the 
existence of the same. Any person wdio, knowing that a 
contagious or infectious disease exists among his bees, sells, 
barters or gives away, or in any other way disposes of the 
same in whole or in part, or any product of the same, or any 
hive, super, frame, section or other appliance used about 
the diseased bees, in such manner as to cause the spread 
of the disease, shall, upon conviction before a court or jus- 
tice, be liable to the penalties named in section nine of this 
act. 

Section 4. The inspector of apiaries shall, upon the dis- Diseased 
covery of foul brood, black brood or other infectious or con- ]Im in quar- 
tagious disease, send to the owner of the diseased bees an «"'■"''' etc. 
order in writing that such bees shall be held in quarantine 
until such time as the same are released by a written permit 
from the inspector of apiaries, and bees so placed in quar- 
antine shall not be removed from the premises of the owner 
under the penalties named in section nine of this act. 

Section 5. Upon the discovery of a case of foul brood, ["treatment 
black brood, or other infectious or contagious disease in any of diseased 
apiary or colony, the inspector of apiaries or his deputies 
shall give such instructions to the owner or caretaker thereof 
as to the treatment of the diseased colonies as may be neces- 
sary. If upon subsequent inspection the disease is still found 
to exist in the apiary or colony, the inspector of apiaries or 
his deputies may cause the diseased colonies to be destroyed 
in such manner as to prevent the spread of the disease. 

Section 6. No colony of bees shall be shipped or trans- Regulations 
ported into the state for delivery to any consignee residing shi'pp^ngM 



166 



Acts, 1911. — Chap. 220. 



transporta- 
tion of bees, 
etc. 



Inspector, 
etc., to liMve 
access to 
I)liices where 
bees are kept. 



Record to bo 
kept of apuiries 
visited. 



Penalties. 



within the state from any state or foreign country having 
an inspector of apiaries or other officer charged with the duties 
commonly performed by an inspector of apiaries, unless said 
colony be accompanied by a certificate in writing from such 
officer, stating that he has inspected said colony and that 
it is free from infectious or contagious diseases. AVhenever 
a colony of bees shall be shipped or transported into the state 
from any state or foreign country not ha\ing an inspector 
of apiaries or other officer charged with the duties commonly 
performed by an inspector of apiaries, the consignee shall, 
upon the receipt of said colony, forthwith notif\' the state 
inspector of apiaries of its receipt and the state inspector 
of apiaries shall forthwith inspect the same. No trans- 
portation company or common carrier shall accept for trans- 
portation into the state or shall deliver any colony of bees 
from a state or foreign country haA'ing an inspector of api- 
aries, or other officer charged with the duties commonly 
performed by an inspector of apiaries, to any consignee 
residing within the state, unless such colony is accompanied 
by a certificate of inspection as heretofore provided. No 
common carrier shall 1)6 liable for damages to the consignee 
or consignor for refusing to receive, transport or deliver such 
a colony when not accompanied by a certificate of insjjection 
as above provided. Nothing in this section shall be construed 
to prevent the transportation or deli^■ery of queen bees when 
not accompaTiied by brood or comb. 

Section 7. For the purpose of enforcing this act the 
inspector of apiaries or his deputies shall have access, ingress 
and egress to and from all i)laces where bees, bee products 
or supplies or appliances used in apiaries are kept. 

Section 8. The inspector of apiaries shall keep a detailed 
record of the number and location of all aj)iaries visitetl by 
him or his deputies, the number and location of all colonies 
found diseased and the treatment thereof, and the ex})eiidi- 
ture incurred in the performance of his duties. He slciU 
report to the state ])oar<l of agriculture annually, and at 
such other times as the board may re(|uest, and his aiuuial 
rei)ort shall be ])ublishe(l in the annual report of the stnte 
board of agriculture. 

Section 9. Any person convicted of the violation of any 
provision of this act shall be subject to a fine not exceeding 
ten dollars for the first ollVnce, to a fine not exceeding twenty- 
five dollars for the second offence, and to a fine not exceed- 
ing fifty doliiirs for any sul).se(|uent oflcnce. 



Acts, 1911. — Chap. 221. 167 

Section 10. A sum not exceeding two thousand dollars Rxpendi- 
may annually be expended by the state board of agriculture *"'^''''' 
in carrying out the provisions of this act. 

Section 11. This act shall take effect upon its passage. 

A Improved March 28, 1011. 

An Act to authorize the town of wintiirop to extend Ckap.221 

AND improve its SYSTEM OF SEWERAGE. 

Be it enacted, etc., as follows: 

Section 1. The town of Winthrop is hereby authorized winihro"*to 
to lay out, construct, maintain and operate a system or e^'end and 

!> ^ IIP- improve lis 

systems oi common sewers tor a part or the whole or its system of 
territory, with such connections and other works as may ^^^^^^^'^' 
be required for a system of sewerage and sewage disposal, 
and to extend, enlarge, improve and repair its present sewer- 
age system; and, for the purpose of providing better sur- 
face or other drainage, guarding against pollution of waters, 
and otherwise protecting the public health, may lay, make 
and maintain such main drains as it deems best. For the 
purposes aforesaid the town may within its limits, deepen, 
widen and clear of obstruction any brook, creek, stream or 
water course, and may straighten or alter the channels or 
divert the waters thereof, and may lay, make and maintain 
sub-drains, and, with the approval of the state board of 
health, discharge the water into any brook, stream, or water 
course within the town. 

Section 2. The board of selectmen shall also be the Board of 

lip •• o'lii 1 1 sewer com- 

board oi sewer commissioners. Said board may lay, make, missioners. 
maintain and repair all such common sewers and main drains 
as it shall adjudge necessary for the public health or con- 
venience, and shall have sole charge of the construction of 
the system of sewerage and sewage disj^osal authorized by 
chapter two hundred and sixty of the acts of the year eight- 
een hundred and eighty-eight, and of any extension, enlarge- 
ment, improvement, repair and maintenance of said system 
or of any system of sewerage heretofore constructed or here- 
after adopted by said town. All the powers and authority 
granted to the town of Winthrop by this act or by said 
chapter two hundred and sixty, and not otherwise specially 
provided for, shall be vested in said board of sewer com- 
missioners 

Section 3. vSaid board of sewer commissioners, acting in Powers of 
behalf of the town, shall have power to take, or acquire by ^ ^'"^^ ' 



168 



Acts, 1911. — Chap. 221. 



Provisos. 



Taking of 
lands, etc. 
be recorded, 
etc. 



to 



piirch<ase or otherwise, any lands or flats in fee and any water 
rights, rights of way and easements in said town, pubhc or 
private, necessary for any of the purposes mentioned in this 
act, and may construct within the town main drains and 
sewers under or over any flats, water course, bridge, aque- 
duct, conduit, railroad, railway or other way, or within the 
location of any railroad or railway, and may enter upon and 
dig up any private land, street, highway, or other way, or 
railroad or railway location, for the purpose of laying main 
drains and sewers, and of maintaining and repairing the 
same, and may do any other thing necessary or proper for 
the purposes of this act: provided, hotvever, that said board 
shall not take in fee any land of a railroad corporation, and 
that it shall not enter upon or construct any drains or sewers 
within the location of any railroad corporation, except at 
such time and in such manner as it may agree upon with 
such corporation, or, in case of failure to agree, as may be 
approved by the board of railroad commissioners; yrorided, 
ahu, that said board shall not take any land or rights in land 
of the commonwealth known as Winthrop Shore Reserva- 
tion, nor enter upon or construct any drains or other works 
within said land of the commonwealth, except at such time 
and in such manner as may be agreed upon with the common- 
wealth acting through such board or authority as may for 
the time being have the care and control of saitl land. 

Section 4. Said board, in order to take any lands or 
flats in fee, water rights, rights of way or easements other- 
wise than by purchase or agreement, shall cause to be recorded 
in the registry of deeds for the county of SufTolk a statement 
signed by a majority of the board, containing a description 
thereof as certain as is required in a conveyance of land, and 
specifying that the same are taken under authority of this 
act, and upon such recording the title to the lands, flats, 
water rights, rights of way or easements described in such 
statements shall vest in the town of Winthro]i which shall 
pay all damages therefor and all other damages sustained 
by any person or corporation through any action of said 
board under this act. Said board at the time of such tak- 
ing shall notify the owners thereof in writing, and may agree 
with any j)erson or corporation injured hereunder upon the 
damages sustained ])y snch ]ierson or corporation; ;ind, if 
the damages are not agreed upon, a jnry in the sui)erior 
court for said county may be had to determine the same, 
ui)on petition of either party, in the manner i)roAided by law 



Acts, 1911. — CiiAr. 221. 169 

for detorminlno,- tlie damages for land taken for the laying 
out of highways; but in tlie case of a taking no suit or peti- 
tion shall he brought after the expiration of one year from 
the date of the recording of the taking as herein provided; 
and in all other cases no suit or petition shall be brought after 
the expiration of one year from the time when the cause of 
action accrues. The owners of any parcel of land, to whom 
notice is herein required to be given, may be taken for the 
purposes of this act to be, respectively, the owners of record 
of any parcel two weeks before the date of the filing of the 
said statement. 

Section 5. In every case of a petition for the assess- Damages. 
ment of damages or for a jury, the town may, at any time, 
in writing, offer to be defaulted and that damages may be 
awarded against it for a sura therein expressed, and if the 
petitioner does not accept said sum with his costs up to 
that time, but proceeds with his suit, and does not finally 
recover a sum greater than that offered, not including inter- 
est from the date of the offer on the sum so recovered, the 
town shall recover costs from the date of such notice, for 
which execution shall issue, and the petitioner, if he recovers 
damages, shall be entitled to costs only to the said date. 

Section 6. The town of Winthrop, for the purpose of S'^er™e 
paying the necessary expenses and liabilities incurred under Loan, Act 
this act, may incur indebteflness to an amount not exceed- 
ing one hundred thousand dollars, and may issue from time 
to time therefor bonds or notes. Such bonds or notes shall 
bear on their face the words, Winthrop Sewerage Loan, Act 
of 1911, 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 foiu' 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, but they shall not be sold 
for less than their par value. The proceeds shall be retained 
in the treasury, and the treasurer shall, upon the order of 
said board of commissioners, pay therefrom the expenses 
incurred for the purposes aforesaid. 

Section 7. The town shall, at the time of authorizing Payment of 
the said loan or any part thereof, provide for the payment '"*°' 
thereof in such annual payments as will extinguish the same 
within the time prescribed by this act; and when a vote or 
votes to that effect have been passed the amount required 



170 



Acts, 1911. — CiiAr. 221. 



Receipts 
from assess- 
ments, how 
applied. 



Payment of 
coat of sys- 
tem, etc. 

Provisos. 



thereby, less the amount that may be appropriated there- 
for, as provided in the following section, shall without fur- 
ther 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 is extinguished. 

vSection S. The receipts from sewer assessments, and 
from payments made in lieu thereof, and the premiums, if 
any, received from the sale of bonds or notes issued under 
authority of this act, shall be applied by the board of sewer 
commissioners toward defraying the costs of the sewer sys- 
tem or s^^stems of sewerage and sewage disposal. 

Section 9. The town of Winthrop shall by vote deter- 
mine what proportion of the cost of said system or systems 
of sewerage and sewage disposal said town shall pay: yro- 
mded, that it shall not pay more than one third of the whole 
cost. The remaining cost of said systems shall be borne by 
the owners of estates situated within the territory embraced 
by them and benefited thereby, but no estate shall be deemed 
to be benefited until a sewer is constructed into which it 
can be drained. The said board of sewer commissioners 
shall determine the value of the special lienefit to each of 
the said estates, respectively, from the said system of sewers, 
taking into account all the circumstances of the case, and 
the proportionate part to be paid by the owners of the said 
estates, respectively, shall be based upon the amount of the 
special benefit to each estate, determined as aforesaid. If 
any assessment is invalid by reason of error or otherwise it 
may be re-assessed or abated. The provisions of law rela- 
tive to the assessment and collection of betterments in the 
case of town ways shall apply to the laying out and construc- 
tion of drains under this act. The owners of land or parts 
thereof not liable to assessment, or not in fact as.sessed, 
may use the common sewers for the dis])<)sal of their sewage 
from such land but only on the i)ayment of such reasonable 
amount or charge as said board shall determine, which amount 
or cliarge shall be a litMi on such land and shall be collected 
in the manner provided in the case of assessments. Every 
such owner shall, within three months after written notice 
of such assessment, scr\c(l on him or on the occupants of 
his estate, or sent by mail to the last address of said owner 
known to said commissioners, pay the sum so assessed to 
the collector of taxes of said town: pron'drd, that said board 
shall on the written rcfpiest of any such owner, made within 
said three months, ai)porti()n such assessment into iWc ecpial 



Acts, 1011. — CnAr. 221. 171 

parts or instalments; and said board shall certify such ap- 
portionment to the assessors of the town, and one of said 
parts or instalments, with interest from the date of the 
apportionment at the rate of six per cent per annum, shall 
be added by the assessors to the annual tax on such estates 
for each year next ensuing, until all said parts have so been 
added, unless sooner paid as hereinafter provided; and iwo- Proviso. 
mled, further, that nothing herein contained shall be con- 
strued to prevent the payment at any time in one payment, 
notwithstanding its prior apportionment, of any balance of 
said assessments then remaining unpaid, but interest on 
such balance at the rate of six per cent per annum shall be 
paid to the date of such paj-ment, and thereupon the col- 
lector of taxes of said town shall receive the same and shall 
certify such payment or payments to the assessors, who 
shall preserve a record thereof. 

SECTioisr 10. Said board may lay, make and maintain all [;^j/"^,^^r 
particular sewers and drains from the common sewer or main sewers, etc. 
drain to the street line, which shall be the property of the 
town. The owner of any land benefited thereby shall pay 
the town, for the permanent privilege of using the same, 
such reasonable amount as said board may determine, which 
may be fixed at the estimated average cost of all such par- 
ticular sewers for the territory for which a system of sewers 
has been built or adopted. Said board may, upon request 
of any owner of land and payment by him of the actual 
cost thereof, construct a particular sewer from the street 
line to a house or building, and may require that all such 
particular sewers be laid, constructed and repaired under 
the direction and inspection of said board, and in accord- 
ance with its rules and regulations. Said board may require 
that an applicant for a connection of his land with a sewer 
shall pay in advance an amount equal to the estimated cost 
thereof, which shall be applied to the payment of such cost 
and the balance, if any, shall be repaid to the applicant, 
and no estate shall be connected with a public sewer except 
in the manner prescribed by this act and by the rules and 
regulations of said board. 

Section 11. An assessment made under the provisions Assessments 
of section nine of this act shall constitute a lien upon the a^ifon upon^ 
estate, which shall continue for three years after it is made estates, etc. 
and notice served as above provided, or, in case of appor- 
tionment, until the expiration of two years from the time 
when the last instalment is committed to the collector of 



172 



Acts, 1911. — Ciiai>. 221. 



Jury may 
revise assess- 
ments, etc. 



Superin- 
tendent, etc. 



Contracts. 



Uulcs and 

ri'Kiilii<i"ns. 

etc. 



taxes; antl said assessment, if not paid within lliree months 
after service of said notice, or, if apportioned, \vithin three 
months after any part has become due, may, together with 
interest thereon at the rate of six per cent per annum, with 
incidental costs and expenses, be levied by the collector by 
sale of such estate, or so much thereof as shall be sufficient 
to discharge the assessment and interest and intcr\ening 
charges. Such sale and all proceedings connected there- 
with shall be conducted in the same manner as sales for 
the non-payment of taxes; and real estate so sold may be 
redeemed the same as if sold for the non-payment of taxes, 
and in the same manner. Such assessments or parts thereof 
may also be collected by an action of contract in the name 
of the town of Winthrop against the owner of the estate, 
brought at any time within three years after the same have 
become due. 

Section 12. Any person aggrieved by any such assess- 
ment mav at anv time within three months after service of 
the notice mentioned in section nine of this act, apply to 
the superior court for the county of Suflolk for a jury to 
revise the same, but before making such application he shall 
give fourteen days' notice in writing of his intention so to 
do to the .said commissioners, and shall therein particularly 
specify his objection to the assessment, to which specifica- 
tion he shall be confined before the jury. 

Section 13. Said board of sewer commissioners may 
annually appoint a superintendent of sewers and a clerk, 
neither of whom shall be a member of said board, and may 
remove the superintendent or clerk at its pleasure. Said 
board may fix the compensation of the superintendent and 
clerk and define their duties, but the amount of such com- 
pensation shall not exceed the appropriation therefor. The 
compensation of the commissioners shall be fixed by the 
town. 

Section 14. All contracts made by said board of com- 
missioners shall be made in the name of the town and .shall 
be signed by a majority of the board; but no contract shall 
be made or obligation incurred by the commi.s.sioners for 
any purpose in excess of the amount of money ;ip])ro]iriated 
by the town therefor. 

Section 15. Said commissioners ni;i>' from time to time 
])rescribe rules jind reguhitions for the connecting of estates 
and buildings with main <h";iins ;nid sewers, and for the 
inspection of the ni;:terials, the construction, alteration ;ind 



Acts, 1911. — CiiAr. 222. 173 

use of all connections and drains entering into such main 
drains or sewers, and may impose penalties not exceeding 
twenty dollars for every violation of any such rule or regu- 
lation. Such rules or regulations shall be published not less 
than once a week for three successive weeks in some news- 
paper published in the town of Winthrop, if there be any, 
and if not, then in some newspaper published in the county 
of Suffolk, and shall not take effect until such publication 
has been made. The board of health of said town may 
require an owner or lessee of any building upon land abutting 
on a public or private way, court or passageway in which 
there is a public sewer, and the owner or lessee of any build- 
ing upon land which abuts on a public sewer or through 
which a public sewer has been constructed, to connect the 
same therewith by a sufficient drain or sewer, and any such 
owner or lessee who fails to comply with such order shall 
be punished by a fine of not more than two hundred dollars. 

Section 16. The provisions of this act, so far as they Provisions 
are the same as those of said chapter two hundred and sixty struedretc 
of the acts of the year eighteen hundred and eighty-eight, 
or of the general laws relating to sewers and drains and sewer 
commissioners, shall be construed as a continuation thereof, 
and not as new enactments, and the provisions of this act 
shall not affect any act done, ratified or confirmed, or any 
right accrued or established at the time of the taking effect 
and the adoption of this act by the town of Winthrop as here- 
inafter provided, and all acts and things done, and all rights 
accrued or established under or by virtue of said chapter 
two hundred and sixty, or of any other act, are hereby rati- 
fied and confirmed. Except as herein provided so much of 
said chapter two hundred and sixty, or of any other act, as 
is inconsistent herewith, is hereby repealed. 

Section 17. This act shall take effect upon its passage, Time of 
but no expenditure shall be made and no liability incurred *'* "^^ ^ ^^ ' 
hereunder until this act has been accepted by a majority of 
the voters of said town voting thereon at a legal meeting 
called for the purpose. Aiyproved March 2S, 1911. 

An Act to authorize the election of highway sur- (Jhap.^2^ 

VEYORS FOR THE TERM OF THREE YEARS. 



Be it enacted, etc., as follows: 

Section 1. A town which has voted to accept the pro- Election of 

hiisrhway 
surveyors. 



visions of section three hundred and sixty-four of chapter ^'^^^'"^^ 



174: 



Acts, 1911. — Chap. 223. 



five hundred and sixty of the acts of the year nineteen hun- 
dred and seven, or has voted to accept corresponding pro- 
visions of earlier laws, may at an annual meeting, if official 
ballots are not used, otherwise at a meeting held at least 
thirty days before the annual meeting at which said change 
is to become operative, vote that the term of office of the 
highway surveyor shall be three years. 
Section 2. This act shall take effect upon its passage. 

ApiJroved March 28, 1011. 



Chai}.223 -^^ Act relating to smoke nuisance in the city of 

HOLYOKE. 



Smoke 
nuisance in 
the city of 
Ilolyoke. 



Miiyor ;ind 
iildcrnien 
may make 
I'ules and 
regulations, 
etc. 



Enforcement 
of act. 



Be it enacted, etc., as follows: 

Section 1. In the city of Ilolyoke, the emission, except 
by locomotive engines or brick kilns, into the open air, of 
dark smoke or dense gray smoke, without a permit therefor 
from the mayor and aldermen, as hereinafter provided, is 
hereby declared a nuisance. 

Section 2. The mayor and aldermen of the said city 
may prescribe by ordinance in what parts, districts, sections 
or streets of the city the emission of such dark or dense gray 
smoke, otherwise than from locomotive engines or brick kilns, 
may be permitted, with such rules and regulations governing 
such emission as they may deem advisable, and luay fix a 
penalty for violation of the ordinance of not more than one 
hundred dollars for each ofl'ence. 

Section 3. The ordinance shall designate some official 
who shall be charged with the enforcement thereof, and who 
shall see that its provisions are strictly enforced. lie may 
apply to the supreme judicial coiul t)r superior court, or to 
any justice thereof, either in term time or vacation, for an 
injunction to restrain the further operation of any furnace 
or steam boiler which is being operated in such a manner 
as to create a nuisance as herein defined; and said court 
or justice may, after hearing the i)arties, enjoin the further 
operation of any such furnace or boiler. 

Section 4. This act shall take (>il'ect ui)on its ])assagc. 

Approved March 2S, I'Jll. 



Acts, 1911. — Chaps. 224, 225. 175 



An Act relative to the coffin school in the county Chap.'^i^^L 

OF NANTUCKET. 

Be it enacted, etc., as follows: 

Section three of chapter one of the acts of the year eight- 1827, 1, § 3, 
een hundred and twenty-seven, approved June 8, 1827, is 
hereby amended by inserting after the word "resignation", 
in the eighth hue, the words : — or disabihty, — and by strik- 
ing out the words "or removal from the town of Nantucket: 
provided, always, that the trustees shall all be the descend- 
ants of the before mentioned Tristraiji Coffin, in the male 
or female line", — so as to read as follows: — Section 3. Election of 

jt ' t> 1 1 rni 1 • 1 PI- onicers, etc. 

Be it jurtlier enacted, ihat the said trustees, tor the tmie 
being, shall be the visitors and governors of said institution, 
and shall have full power, from time to time, to elect such 
officers thereof as they shall judge necessary and convenient, 
and fix the tenure of their respective offices, and to fill up 
all vacancies that may happen in the board of trustees by 
death, resignation, or disability; to determine the times and 
places for holding their meetings; the manner of notifying 
the trustees; to ascertain the powers and duties of their 
several officers; to elect instructors and prescribe their duties; 
to make and ordain reasonable rules, orders, and by-laws, 
for the government of the institution, provided the same be 
not repugnant to the laws of the commonwealth. 

Approved March 28, 1911. 

An Act to provide for the payment by the county of Chap.2'2i5 

ESSEX of a sum of MONEY TO GEORGE G. ADAMS. 

Be it enacted, etc., as follows: 

Section 1. The county of Essex shall pay to George G. of*|;g°g"x"^j 
Adams of Lawrence, in said county, the sum of eight thou- pay a certain 
sand dollars, in full compensation for services rendered by 
him to the county of Essex as an architect, in regard to the 
proposed building of a new registry of deeds and probate 
court in the city of Salem, as authorized by chapter two 
hundred and sixty-six of the acts of the year nineteen hundred 
and two; and the county commissioners of the county are 
hereby authorized to issue a note or notes for this sum for 
a period not exceeding twelve months. 

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

Approved March 28, 1911. 



sum of money. 



176 Acts, 1911. — Chap. 226. 



Cha2).22(j An Act to establish the dighton water supply district 

AND TO PROVIDE FOR SUPPLYING THE SAME WITH WATER. 

Be it enacted, etc., as follows: 

witer's'up- Section 1. The inhabitants of the town of Dighton 

p'yrjistrict hal)le to taxation in that town and residing witliin the ter- 
ritory enclosed by the following boundary lines, to wit: — 
Beginning at the line betAveen the town of Somerset and the 
town of Dighton where the same intersects Taunton Great 
river; thence northerly, following the bank of said river to 
a point on the river directly opposite the residence of Walter 
C. Talbot; thence westerly, following the northerly bound 
of said Talbot's property to Somerset avenue; thence still 
westerly, crossing said Somerset avenue, to the westerly 
bound of property of John E. Chandler; thence south- 
westerly, in a straiglit line, to the bridge on INJain street 
which crosses Richmond brook; thence southeasterly by said 
Richmond brook to the easterly line of the tracks of the 
New York, New Haven and Hartford railroad on said brook; 
thence southerly by said tracks of the New York, New 
Haven and Hartford railroad to the Somerset and Dighton 
line; and thence easterly to the point of beginning, — shall 
constitute a water district, and are hereby made a body 
cori)orate, by the name of the Dighton Water Supply Dis- 
trict, for the purpose of sui)plying themselves with water 
for the extinguishment of fires and for domestic and other 
purposes, with power to estal)lish fountains and hydrants 
and to relocate and discontinue the same, to regulate the 
use of such water and to fix and collect rates to be paid 
therefor, and to take, or acquire by lease, purchase or other- 
wise, and to hold i)roperty, lands, rights of way and ease- 
ments for the ])urj)()ses mentioned in this act, and to pros- 
ecute and defend in all actions relating to the property and 
affairs of the district. 
anlfhoi?!"''" Section 2. Said Dighton Water Supply District for the 

iTii.'i^.stKnmr purposes aforesaid may take, or acquire by purchase or 
aiidixjnds, otherwise, and hold the waters of anv stream or i)()nd or anv 

etc. ■ . . ' 

ground sources of supp]\', by bored or driven wells, in the 
town of Dighton, and may also take, or ac(iuire by purchase 
or otherwise, and hold all rights of way, easements and lands 
ill the town of Dighton necessary for holding such waters 
or protecting the same from contamination, or for convey- 
ing the same to and through said district. No sources of 



Acts, 1911. — Chap. 226. 177 

water supply for domestic purposes, and no lands neces- May construct 
sary for protecting the said waters as aforesaid, shall be ings, etc. 
taken under this act without the consent and approval of 
the state board of health. Said district may construct on 
the lands thus acquired proper dams, buildings, fixtures and 
other structures, and may do such other things as may be 
necessary for providing and maintaining complete and effec- 
tive water works; and for that purpose may construct wells 
and reservoirs, and establish pumping works, may construct, 
lay and maintain aqueducts, conduits, pipes, and other works, 
under and over any land, water courses, railroads, railways, 
and public or other ways, and along any highway or other 
way in the town of Dighton, in such manner as not unneces- 
sarily to obstruct the same; and for the purpose of con- 
structing, laying and maintaining and repairing such aque- 
ducts, conduits, pipes and other works, and for all other 
purposes of this act, said district may dig up, raise and 
embank any such lands, highways or other ways in such 
manner as to cause the least possible hindrance to public 
travel; but all things done upon such ways shall be subject 
to the direction of the selectmen of the town. The title 
to all land acquired under the provisions of this act shall 
vest in said Dighton Water Supply District, and the said land 
shall be managed, improved and controlled by the board of 
water commissioners hereinafter provided for, in such manner 
as they shall deem for the best interests of said district. 

Section 3. Said Dighton Water Supply District shall, i^^ll%°l 
within ninety days after the taking of any lands, rights of 
way or easements as aforesaid, otherwise than by purchase, 
file and cause to be recorded in the registry of deeds for 
Bristol county, northern district, a description thereof suffi- 
ciently accurate for identification, with a statement of the 
purpose for which the same were taken, signed by the water 
commissioners hereinafter provided for. 

Section 4. Said Dighton Water Supply District shall damages. 
pay all damages to property sustained by any person or 
corporation by the taking of any water, water source, water 
right, land, right of way or easement, or by any other thing 
done by said district under authority of this act. Any per- 
son or corporation sustaining damages as aforesaid, and 
failing to agree with said district as to the amount thereof, 
may have the damages assessed and determined in the man- 
ner provided by law in the case of land taken for highways, 
on application therefor at any time within one year after 



178 Acts, 1911. — Chap. 22G. 

the taking of such land or other property, or the doing of 
other injury under authority of this act. No appHcation 
for assessment of damages shall be made for the taking of 
any water rights, or for any injury thereto, until the water 
is actually withdrawn or diverted under authority of this act. 
Damages. SECTION 5. In cvcry case of a petition to the sui)erior 

court for an assessment of damages the said district may 
tender to the petitioner or his attorney any sum, or may 
bring the same into court to be paid to the petitioner, for 
the damages by him sustained or claimed in his petition, 
or may in writing offer to be defaulted and that damages 
may be awarded against it for the sum therein expressed, 
and if the petitioner does not accept such sum, with his 
costs up to that time, but proceeds in his suit, and does 
not recover greater damages than were so offered or ten- 
dered, not including interest on the sum recovered in dam- 
ages from the date of such offer or tender, the Dighton 
Water Supply District shall have judgment for its costs after 
said date, for which execution shall issue; and the petitioner, 
if he recovers damages, shall be allowed his costs only to the 
date of such offer or tender. 
wfu'r^sup- Section 6. For the purpose of paying all expenses and 

ply i>'strict liabilities incurred under the provisions of this act said dis- 
trict may, when authorized by a two thirds vote of the vot- 
ers present and voting at a legal meeting held for the pur- 
pose, from time to time issue bonds, notes or certificates 
of debt, signed by the treasurer of the Dighton Water Sup- 
ply District and countersigned by the chairman of the water 
commissioners hereinafter provided for, to be denominated 
on the face thereof, Dighton Water Supi)ly District Loan, 
to an amount not exceeding forty thousand dollars, pay- 
able at periods not exceeding thirty years from the dates 
of issue, and bearing interest, payable semi-annually, at a 
rate not exceeding four and one half per cent per annum. 
Said district may sell such securities at })ublic or i)rivate 
sale, at not less than par, upon such terms and conditions 
as it may deem proper. Said district shall pay the interest 
ui)on the loan as it accrues, and shall provide at the time 
of authorizing said loan for the payment thereof in such 
annual projxjrtionate i)ayments as will extinguish the same 
within tiie time i)rescribed by this act, the first of such 
animal payments to be made at or before the expiration 
of five years from the date of the first issue of any of the 
securities authorized by this act; and when a vote to this 



Loan. 



Acts, 1911. — Chap. 22G. 179 

effect has been passed the amount required thereby shall, 
without further vote of said district, be raised by taxation 
in the same manner in which money is raised for town 
purposes. 

Section 7. Said district shall raise by taxation annually Payment of 
a sum which with the income derived from the sale of water opera t?ng°t he 
will be sufficient to pay the current annual expenses of oper- '^^f'^' works. 
ating its water works and the interest accruing on the bonds, 
notes or certificates of debt issued by the district, together 
with such payments on the principal as may be required 
under the provisions of this act. Said district is further 
authorized, by a two thirds vote of the voters thereof present 
and voting at a legal meeting held for the purpose, to raise 
by taxation any sum of money for the purpose of enlarging 
or extending its water works and providing additional pipes, 
appliances and fixtures connected therewith, not exceeding 
two thousand dollars in any one year. 

Section 8. Whenever a tax is duly voted by said dis- Certified 
trict for the purposes of this act the clerk shall send a certi- to assess^a*'' 
fied copy of the vote to the assessors of the town of Dighton, {l^ll ^t^^'^*' 
who shall proceed within thirty days to assess the same lessors, etc. 
in the same manner in which town taxes are required by 
law to be assessed. The assessment shall be committed to 
the town collector, who shall collect said tax in the manner 
and at the time provided for the collecting of town taxes, 
and shall deposit the proceeds with the district treasurer 
for the use and benefit of said district. Said district may 
collect interest on overdue taxes in the same manner as 
taxes and interest are authorized to be collected by the 
town: provided, that the district at the time of voting to Proviso. 
raise the tax shall so determine, and shall also fix a time for 
the payment thereof. 

Section 9. Said district may make such contracts with contracts, 
individuals, corporations, and the town of Dighton for sup- ^^^' 
plying water as may be agreed upon, and may extend its 
pipes for that purpose, under the direction of the selectmen 
of the town of Dighton, through the streets and highways 
of said town lying outside the corporate limits of said dis- 
trict. Said district may fix and collect rates for the use of 
such water and may discontinue or shut off the water for 
the non-payment thereof, and for violation of the terms 
of any contract made in accordance with this section. 

Section 10. The first meeting of said district shall be First meet- 
called on petition of ten or more legal voters therein, by a '°°' *^**'' 



180 



Acts, 1911. — Ciiar 226. 



Water com- 
missioners, 
election, 
term, etc. 



By-laws, etc. 



warrant from the selectmen of the town of Di^hton, or from 
a justice of the peace, directed to one of the jjetitioners, 
requiring him to give notice of the meeting by posting copies 
of the warrant in two or more pubhc places in the district 
seven days at least before the time of the meeting. One of 
the selectmen shall preside at the meeting until a clerk is 
chosen and sworn. After the choice of a moderator for the 
meeting the c^uestion 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 present and voting thereon it 
shall go into effect, and the meeting may then proceed to 
act on the other articles contained in the warrant. 

Section 11. The Dighton Water Supply District shall, 
after the acceptance of this act at a legal meeting called 
for the purpose, elect by ballot three persons to hold office, 
one until the expiration of three years, one until the ex])ira- 
tion of two years and one until the expiration of one year from 
the next succeeding annual district 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. All the authority granted to said 
district by this act and not otherwise specially provided 
for shall be vested in said board of water commissioners, 
who shall be subject however to such instructions, rides 
and regulations as the district may impose by its vote. Said 
commissioners shall appoint a treasurer of said district, who 
shall not be one of their number, who shall give bonds to 
the district to such an amount and with such sureties as may 
be approved by the commissioners; and a majority of the 
commissioners shall constitute a fjuorum for the transaction 
of business. Any vacancy occurring in said board from 
any cause may be filled for the remainder of the unex})ired 
term by said water district at any legal meeting called for 
the purpose. No money shall be drawn from the district 
treasury on account of the water works except by a written 
order of said commissioners or a majority of them. The 
connnissioners shall annually make to said district a full 
report in writing of their doings and expenditures. 

Section 12. Said district may adopt by-laws prescrib- 
ing by whom and how meetings may be called and notified, 
and, ui)()n the ai)plication of ten or more legal Aoters in the 
district, meetings may also be called by warrant as j)ro\ ided 
in section ten. Said district may also j)r()\ide rules antl 
regulations for the management of its water works, not 



Acts, 1911. — Chap. 227. 181 

inconsistent with this act or with the laws of the common- 
wealth, and may choose such other officers not provided for 
in this act as it may deem necessary or proper. 

Section 13. Whoever wilfully or wantonly corrupts, Penalty for 
pollutes or diverts any water obtained or supplied under e"" watef.' 
this act, or wilfully or wantonly injures any reservoir, stand- 
pipe, aqueduct, pipe or other property owned or used by said 
district for the purposes of this act, shall forfeit and pay 
to the district three times the amount of damages assessed 
therefor, to be recovered in an action of tort; and upon con- 
viction of any of the above acts shall be punished by a fine 
not exceeding one hundred dollars, or by imprisonment for 
a term not exceeding six months. 

Section 14. This act shall take effect upon its accept- Time of 
ance by a majority vote of the voters of said district present '' ""^ ^ 
and voting thereon by ballot at any legal district meeting 
called for the purpose within three months after the passage 
of this act; but it shall become void unless the said district 
shall begin to distribute water through its pipes to consumers 
in said Dighton Water Supply District within three years 
after the date of the acceptance of this act as aforesaid. 

ApiJroved March 31, 1911. 

An Act relative to lynn harbor. Cliart 2*^7 

Be it enacted, etc., as foUoivs: 

Chapter six hundred and six of the acts of the year nine- loio, eoe, 
teen hundred and ten is hereby amended by striking out ^ ^' '^•"^"'led. 
section three and inserting in place thereof the following: 
— Section 3. If the said commission shall report that in Report of 
its judgment no abatement of said nuisance and no improve- <^o'"™'«s'"°- 
ment of said harbor should forthwith be undertaken under 
the provisions of this act, then no further proceedings shall 
be had under this act. If the said commission shall report 
that in its judgment said nuisance should be abated or said 
harbor be improved under the provisions of this act, then 
the municipal council of the city of Lynn, within three 
months after the date of receiving such report, shall either 
approve the report or reject it: provided, hoiccver, that any Proviso, 
distinct and separable recommendation, relating to the abate- 
ment of said nuisance may be approved or rejected by said 
municipal council without affecting its approval or rejection 
of those provisions of the report relating to the improvement 
of the harbor. If the municipal council rejects the report, 



182 Acts, 1911. — Ciiat. 228. 

no further proceedings shall be had under this act. If the 
municipal council approves the report, in whole or in part, 
the question of further proceedings shall be submitted within 
nine months thereafter to the qualified voters of Lynn in 
the following form : — " Shall the action of the municipal 
council approving the report of the commission on the inves- 
tigation of Lynn harbor be confirmed?" or "Shall the action 
of the municipal council approving in part the report of 
the commission on the investigation of Lynn harbor be con- 
firmed?" If a majority of the votes cast on said question 
are in the affirmative, then this act shall be in full force and 
effect. If a majority of said votes are in the negative, then 
this act shall have no further effect. If the voters confirm 
said report, as provided in this section, the governor shall 
appoint a commission consisting of three persons who shall 
have the qualifications required in section one, and whose 
compensation shall be determined and paid as therein pro- 
vided. Wherever the word "commission" is hereinafter 
used, it shall mean the commission appointed under this 
section, unless a different meaning is expressly given to it. 
Said commission shall be known as the Commission on the 
Improvement of Lynn Harbor. 

Approved March 31, 1911. 

CJicq^.^^S An Act relative to the payment of deposits made in 
savings banks and other banking institutions in the 
names of two persons. 

Be it enacted, etc., as follows: 

MYmg^'" Section L When a deposit has been made, or shall 

bsinks, etc., hereafter be made, in any bank, savings bank or institution 

in tn»! names „ ... e ii -i 

of two per- tor savuigs m the names oi two persons, i)ayahle to either, 
or payable to either or the survivor, such deposit, or any part 
thereof, or interest or dividend thereon, if not then attached 
at law or in equity in a suit against either of said persons, 
may be paid to either of said persons, whether the other be 
living or not, and such payment shall discharge the bank, 
savings bank or institution for savings making such jiaynicnt 
from its obligation, if any, to such other person or to his 
legal representatives for or on account of such deposit. For 
the puri)oses of this act the term "bank" shall include any 
person or association of persons carrying on the business of 
banking, whether incorj^oratcd or not. 

Section 2. This act sli;ill take ellect upon its j)assage. 

Approved March ol, 1011, 



Acts, 1911. — Chaps. 229, 230. 183 



An Act relative to the employment of women in mer- (j],fijy 229 

CANTILE, MANUFACTURING AND MECHANICAL ESTABLISH- 
MENTS. 

Be it enacted, etc., as follows: 

Section 1. No woman shall knowingly be employed in Employment 
laboring in a mercantile, manufacturing or mechanical estab- etc^"""'"' 
lishment within two weeks before or four weeks after child- 
birth. 

Section 2. The foregoing section shall be included in NoUcetobe 
the notice with regard to the employment of women now i'"*^''"'^- 
required to be posted in mercantile, manufacturing and 
mechanical establishments, and the provisions thereof shall 
be enforced by the district police. 

Section 3. Violations of section one of this act shall be Penalty. 
punished by a fine not exceeding one hundred dollars. 

Section 4. This act shall take effect on the first day Time of 
of January, nineteen hundred and twelve. takmg effect. 

Approved March 31, 1911. 



An Act to provide for repairs and alterations of the fjjifij) 230 

BRIDGE OVER THE WEYMOUTH FORE RIVER IN THE CITY "^ 
of QUINCY and the TOWN OF WEYMOUTH. 

Be it enacted, etc., as follows: 

Section 1 . The county commissioners of the county of Rt^pairs, etc., 
Norfolk, and the trustees having charge of the said bridge lyer\v%- 
over the Weymouth Fore river, are hereby authorized and ™°""'^°''^ 
directed within one year after the passage of this act to make 
such repairs to the present bridge over Weymouth Fore 
river in the city of Quincy and the town of Weymouth as 
said county commissioners, and said trustees, with the 
approval of the board of harbor and land commissioners, 
shall deem reasonably necessary and proper, and to widen 
the draw in the said bridge so that it shall have an opening 
not less than one hundred and twenty-five feet wide. 

Section 2. The costs and expenses incurred hereunder Costs and 
shall in the first instance be paid by the county of Norfolk; 
and the county commissioners of said county are hereby 
authorized and directed to borrow on the credit of the county 
such sums of money as may from time to time be required 
therefor. All moneys so borrowed shall be deposited in the 
county treasury, and the treasurer of the county shall pay 



river. 



expenses. 



184 Acts, 1911. — Chap. 231. 

out the same, as ordered by the county commissioners, and 
shall keep a separate and accurate account of all sums bor- 
rowed and expended, including interest, 
mentof""- SECTION 3. The cost of tlic Said repairs and alterations 

pense, etc. ^lu^u [)^. l)orne by the county of Norfolk and the cities, towns 
and corporations found by the commissioners aj)i)ointed under 
section three of chapter four hundred and fifty-six of the 
acts of the year nineteen hundred, and acts in addition 
thereto and in amendment thereof, to be specially benefited 
by said bridge in the same relative proportion in which 
they contributed to the cost and expense of building the 
bridge. When the said repairs and alterations are completed 
and the full cost and expense of the same ascertained, said 
county commissioners and said trustees shall file their report 
of the fact in the office of the clerk of coiu'ts for the comity 
of Norfolk, together with the amount of such cost and 
expense, including interest paid on moneys borrowed under 
the authority of section two of this act, and a statement of 
the amounts to which the county of Norfolk and said cities, 
towns and corporations are liable hereunder. The county 
of Norfolk and said cities, towns and corporations liable 
hereunder shall, within such time and in such manner as 
said county commissioners shall determine, pay into the treas- 
ury of the county of Norfolk the amount for which they are 
liable with interest. The sui)erior court for the county of 
Norfolk may enter a judgment or decree which shall be 
binding upon all ])arties liable hereunder and such proceed- 
ings may be had u})on such judgment or decree to enforce 
and carry into effect the same and the provisions of this 
act as are provided by law in civil cases in said superior 
court. 

Section 4. This act shall take effect uj)on its i)assage. 

^l J) proved April J, J!>11. 



Chap.'2!^\ An Act to provide for the retirement of the jitstices 

OF THE MUNICIPAL COURT OF 'I'lIE CITY OF ROSTON. 

Be it enacicd, etc., as follows: 

.?f jusii'.is of Section 1. The chief justice and any associate justice 
thr nnn.ic- ^f ^1,^ muuicipal court of the citv of Boston, who shall resign 

Iplll court of 1 . ,r. !■ 1 • • 1 'l 1- I 

Boston. Ins ollice alter havmg attauied the age ot seventy years and 

after ha\iMg serv(>d in said court at least tw(>nty consecuti\e 
years, shall, iluring the remainder of his natural life, receive 



Acts, 1911. — Chaps. 232, 233. 185 

an amount equal to three fourths of the salary payable to 
him by law at the time of his resignation, to be paid by 
the county of Suffolk in the same manner in which the sal- 
aries of acting justices are paid. 

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

Ayyroved Ajml 5, 1911. 



An Act relative to the display of the united states Chan.^^^ 

FLAG ON SCHOOLHOUSES. 

Be it enacted, etc., as follows: 

Section fifty of chapter forty-two of the Revised Laws, as r. l. 42. 
amended by chapter two hundred and twenty-nine of the amended.' 
acts of the year nineteen hundred and nine, is hereby fur- 
ther amended by striking out said section and inserting in 
place thereof the following new section: — Section 60. The Flags to be 
school committee of every city and town shall provide for schoo'ihous''e". 
each schoolhouse in which a public school is maintained and 
which is not otherwise supplied, a United States flag of silk 
or bunting not less than four feet in length, and suitable 
apparatus whereby the flag shall be displayed on the school- 
house building or grounds every school day when the w^eather 
permits, and on the inside of the schoolhouse on other school 
days. Failure to observe this law for a period of five con- Penalty, 
secutive days upon the part of the master or principal in 
charge of the school at the time shall be punished by a fine 
of not more than five dollars for each period of five days 
of such negligence, unless such failure is caused by the school 
committee in not providing the said master or principal with 
a flag, in which case the said penalty shall be imposed on 
those directly responsible for the failure so to supply the 
said master or principal. Said penalty shall be imposed 
by any court of competent jurisdiction within the common- 
wealth. Approved April 5, 1911. 

An Act to establish the worthington fire district and (7/?«t).233 
to provide for supplying the same with water. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Worthington worthington 
liable to taxation in that town and residing within the terri- fs'tTbiished?* 
tory enclosed by the following boundary lines, to wit: — 
Beginning at a point where the highway from Worthington 



186 Acts, 1911. — Chap. 233. 

Worthington chuFch green to Starkweather hill, so-called, intersects the 
est^biishJd! brook flowing in a southerly direction west of the green; 
thence following the course of the brook southerly, across 
the road from Worthington Centre to JMiddlefield, to the 
northern boundary of the property of Lyman INIayhew; 
thence easterly on said boundary to the highway; thence 
northerly on the east side of the highway to the boundary 
between land of Lyman May hew and of W, L. Smith ; thence 
due east to a discontinued highway leading to the property 
of G. T. Dodge; thence northerly on said discontinued road 
to the highway from Kingville to West Chesterfield; thence 
to the site of the dam of the old reservoir; thence northerly 
on the brook to the highway leading from Worthington 
Centre to Drury Corners, so-called; thence from the inter- 
section of said brook and said highway to a point on the 
highway from Worthington Corners to Chesterfield, where 
the line between the mowing land and pasture of Horace 
Bartlett intersects the highway; thence northerly to a cor- 
ner on the northerly line of the meadow land of the Edwin 
H. Dodge property, so-called, said corner being about twenty- 
five rods east of the highway from Worthington Corners to 
the North Cemetery, and being on the line between said 
Dodge estate and the Rice farm, so-called; thence westerly 
on the line between said Dodge and Rice farms to a corner 
on the easterly line of land of E. S. Brewer; thence south- 
erly on the line between said Brewer and said Dodge estate, 
and continuing southerly on walls between lands of said 
Brewer and land formerly owned by Dwight Stone, and 
between land of said Brewer and the Noycs Bartlett prop- 
erty, so-called, to the highway leading from Worthington 
Corners to West Worthington; thence crossing the road and 
still continuing southerly on walls in the same general line 
as heretofore where the property of said Brewer adjoins 
land of F, Scott and Lucv Kilbourn; thence southerlv in 
the same general line on wall between land of Lucy Kil- 
bourn and of John Barri, and between land of said Barri 
and of James Kirkham to a corner at the southerly end of 
said wall, said corner being on the northerly line of what 
was formerly known as the Frederick S. Huntington estate; 
thence southwesterly to place of beginning at the inter- 
section of the highway and the stream first named, — shall 
constitute a fire district, and are hereby made a body cor- 
porate, by the name of the Worthington Fire District, for 
the purpose of supplying themselves with water for the 



Acts, 1911. — Chap. 233. 187 

extinguishment of fires and for domestic and other purposes, 
with power to estabUsh fountains and hydrants, and to 
relocate and discontinue the same; to regulate the use of 
such water and to fix and collect rates to be paid therefor, 
and to take, or acquire by lease, purchase, or otherwise, 
and to hold property, lands, rights of way, and easements 
for the purposes mentioned in this act, and to prosecute and 
defend in all actions relating to the property and afl^airs of 
the district. 

Section 2. Said fire district, for the purposes aforesaid, Sr'lrom 
may take, or acquire by purchase or otherwise, and hold p"?"^^-^"^^^ 
the waters of any pond or stream or of any ground sources 
of supply by means of driven, artesian or other wells within 
the limits of the town of Worthington, and the water rights 
connected with any such water sources, and may also take, 
or acquire by purchase or otherwise, and hold all lands, 
rights of way and easements necessary for collecting, stor- 
ing, holding, purifying and preserving the purity of the water 
and for conveying the same to any part of said district: 
provided, however, that no source of water supply and no Proviso, 
lands necessary for preserving the quality of such water, 
shall be taken or used without first obtaining the advice and 
approval of the state board of health, and that the location 
of all dams, reservoirs and wells to be used as sources of 
water supply under this act shall be subject to the approval 
of said board. Said district may construct on the lands 
acquired under the provisions of this act, proper dams, res- 
ervoirs, standpipes, 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 Worth- 
ington Fire District, 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 



188 



Acts, 1911. — Ciiap. 233. 



Taking of 
hind, etc., to 
be recorded. 



Damages, 
etc. 



WorthiriKton 
Fire District 
Louii. 



things done upon any such way shall be subject to the direc- 
tion of the selectmen of the town of Worthington. 

Section 3. Said fire district shall, within ninety days 
after the taking of any lands, rights of way, water rights, 
water sources or easements under the provisions of this act, 
otherwise than by purchase, file and cause to be recorded 
in the registry of deeds for the county of Hampshire a descrip- 
tion thereof sufficiently acciu^ate for identification, with a 
statement of the purpose for which the same were taken, 
signed by the water commissioners hereinafter provided for. 
The title to all land taken, purchased or acquired in any way 
under the provisions of this act shall vest in said Worthing- 
ton Fire District, and the land so taken may be managed, 
improved and controlled by the board of water commis- 
sioners hereinafter provided for, in such manner as they 
shall deem for the best interest of said district. 

Section 4. Said district shall pay all damages to prop- 
erty sustained by any person or corporation by the taking 
of any land, right of way, water, water source, water right 
or easement, or by anything done by said district under 
authority of this act. Any person or corporation sustain- 
ing damages as aforesaid, and failing to agree with said 
district as to the amount thereof, may have the same deter- 
mined in the manner provided by law in the case of land 
taken for the laying out of highways, on 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 imder 
authority of this act; but no such application shall be made 
after the expiration of two years, and no application for 
assessment of damages shall be made for the taking of any 
water, water right, or for any injury thereto, until the 
water is actually withdrawn or diverted by said district 
under authority of this act. Said district may by vote, 
from time to time, determine what amount or (juantity of 
water it proposes to take and approj)rijite inuler this act; 
in which case any damages caused by such taking shall 
be based upon such amount or quantity luitil tlie same shall 
be increased by vote or otherwise, Jind in such event said 
district shall be further liable only for the ad(litit)nal dam- 
ages caused by such additional taking. 

Sp:ction 5. Said district, for the purpose of paying the 
necessary expenses and liabilities incurred under the })ro- 
visions of this act, may issue from time to time bonds, notes 
or scrij) to an amount not exceeding twciity-fixe thousand 



Acts, 1911. — Chap. 233. 189 

dollars. Such bonds, notes or scrip shall bear on their face 
the words, Worthington Fire District Loan; shall be pay- 
able at the expiration of periods not exceeding thirty j'ears 
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 district and 
countersigned by the chairman of the water commissioners 
hereinafter provided for. Said district may sell such securi- 
ties at public or private sale, upon such terms and condi- 
tions as it may deem proper, but they shall not be sold for 
less than their par value. The town of Worthington may, 
at its annual town meeting or at a legal meeting called for 
the purpose guarantee the payment of such bonds, notes 
or scrip. 

Section 6. Said district shall, at the time of authoriz- Payment of 
ing said loan, provide for the payment thereof in such annual ^°^'^' 
proportionate payments, beginning not more than five years 
after the first issue of such bonds, notes or scrip, as will 
extinguish the same within the time prescribed by this act; 
and when a vote to that 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 Avorks and 
the interest as it accrues on the bonds, notes or scrip issued 
as aforesaid by said district, and to make such payments 
on the principal as may be required under the provisions 
of this act, shall without further vote be raised annually 
by taxation in the manner hereinafter provided. 

Section 7. Whenever a tax is duly voted by said dis- Tax voted 
trict for the purposes of this act, the clerk shall send a cer- ['rjct'^et!!'.^ 
tified copy of the vote to the assessors of the town of Worth- 
ington, who shall proceed within thirty days thereafter to 
assess the same in the same manner in which town taxes 
are required by law to be assessed. The assessment shall 
be committed to the town collector, who shall collect said 
tax in the manner provided by law for the collection of town 
taxes, and shall deposit the proceeds thereof with the dis- 
trict treasurer for the use and benefit of said district. Said 
district may collect overdue interest on taxes in the manner 
in which interest is authorized to be collected on town taxes: 
provided, that said district at the time of voting to raise proviso, 
the tax shall so determine and shall also fix a time for pay- 
ment thereof. 

Section S. The first meeting of said district shall be First meet- 
called on petition of ten or more legal voters therein, by a '"^' ^^''' 



190 



Acts, 1911. — Chap. 233. 



Water com- 
missioners, 
election, 
term, etc. 



Water rates, 
etc. 



warrant from the selectmen of the town of Worthington, 
or from a justice of the peace, directed to one of the peti- 
tioners, requiring him to give notice of the meeting by post- 
ing copies of said warrant in two or more public places 
in said district seven days at least before the time of the 
meeting. One of the petitioners shall preside at the meet- 
ing until a clerk is chosen and sworn, and the clerk shall 
preside until a moderator is chosen. After the choice of 
a moderator for said meeting the question of the accept- 
ance of this act shall be submitted to the voters, and if it 
is accepted by a majority vote of the voters present and \ot- 
ing thereon it shall take effect, and the meeting may then 
proceed to act on the other articles contained in the warrant. 

Section 9. The Worthington fire district shall, after the 
acceptance of this act as aforesaid, elect by ballot three 
persons to hold office, one until the expiration of three years, 
one until the expiration of two years and one until the ex- 
piration of one year from the next succeeding annual district 
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. All 
the authority granted to said district by this act and not 
otherwise specifically provided for shall be vested in said 
board of water commissioners, who shall be subject how- 
ever to such instructions, rules and regulations as the dis- 
trict may impose by its vote. Said commissioners shall 
appoint a treasurer of the district, who may be one of their 
number, who shall give bonds to the district to such an 
amount and with such sureties as may be approved by the 
commissioners. A majority of the connnissioners shall con- 
stitute 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 fire 
district at any legal meeting called for the ])urpose. No 
money shall be drawn from the district treasury on account 
of the water works except by a written order of said com- 
missioners or a majority of them. 

Section 10. Said commissioners shall fix just and e(iui- 
table prices and rates for the use of water, and shall jirescribe 
the time and manner of ])aynuMit. The income of the water 
works shall be apj^Hed to defraying all ()i)erating exjjenses, 
interest charges and ])ayments on the ])rin(ipal, as they 
accrue, upon any bonds, notes or scrip issued under authority 
of this act. If there should be a net surplus remaining after 



Acts, 1911. — Chap. 234. 191 

providing for the aforesaid charges, it shall be used for such 
new construction as the water commissioners may deter- 
mine upon, and in case a surplus should remain after payment 
for such new construction the water rates shall be reduced 
proportionately. No money shall be expended in new con- 
struction by the water commissioners except from the net 
surplus aforesaid, unless the district appropriates and pro- 
vides money therefor. Said commissioners shall annually, 
and as often as the district may require, render a report 
upon the condition of the works under their charge and 
an account of their doings, including an account of receipts 
and expenditures. 

Section 11. Said district may adopt by-laws prescrib- Bylaws, etc. 
ing by whom and how meetings may be called and notified; 
and, upon the application of ten or more legal voters in the 
district, meetings may also be called by warrant as provided 
in section eight. Said district may also choose such other 
officers not provided for in this act as it may deem neces- 
sary or proper. 

Section 12. Whoever wilfully or wantonly corrupts. Penalty for 
pollutes or diverts any water obtained or supplied under wat'e"f et"cf 
this act, or wilfully or wantonly injures any reservoir, stand- 
pipe, aqueduct, pipe or other property owned or used by 
said district for the purposes of this act, shall forfeit and 
pay to the district three times the amount of damages 
assessed therefor, to be recovered in an action of tort, and 
upon conviction of any of the above acts shall be punished 
by a fine not exceeding one hundred dollars or by imprison- 
ment in jail for a term not exceeding six months. 

Section 13. This act shall take effect upon its accept- Time of 
ance by a majority vote of the voters of said district present ^ '"*'' ^ 
and voting thereon at a district meeting called in accord- 
ance with the provisions of section eight, within three years 
after the passage of this act; but it shall become void unless 
the said district shall begin to distribute water to consumers 
within three years after the date of the acceptance of this 
act as aforesaid. Ayproved April 6, 1911. 

An Act relative to the use of live decoys for hunting (J]i(iq^ 234 

WATER FOWL IN THE COUNTY OF NANTUCKET. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and ninety-two of the 1900,292, 
acts of the year nineteen hundred and six is hereby amended ^ ^' '""'^'^*^*^'^- 



192 



Acts, 1911. — Chap. 235. 



Use of live 

decoys 

prohibited. 



Penalty. 



by striking out section one and inserting in jjlace thereof 
the following: — Section 1. It shall be unlawful to use live 
decoys for the hunting, taking or killing of water fowl of any 
kind in the county of Nantucket. The possession of live 
decoys shall be deemed prima facie evidence of an intent to 
use the same for the hunting, taking or killing of water 
fowl in violation of the provisions of this section. 

Section 2. Whoever violates any provision of this act 
shall be punished by a fine of not less than twenty nor more 
than fifty dollars for each offence. 

Approved April 5, 1911. 



1008, 481, 
§ 1, amended. 



Registration 
of hunters. 



Proviso. 



Chap*'^^^ An Act relative to hunters' certificates of registra- 
tion. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and 
eighty-four of the acts of the year nineteen hundred and 
eight is hereby amended by inserting after the word "law", 
in the third line, the words: — or use a gun for hunting, 
except as herein provided, — so as to read as follows: — 
Section 1. No citizen of the United States resident in JNlassa- 
chusetts shall hunt, pursue, take, or kill any bird or quad- 
ruped protected by law, or use a gun for hunting, except 
as herein provided, without first having obtained a cer- 
tificate of registration as hereinafter provided: provided, how- 
ever, that nothing In this act shall be construed as affecting 
in any way the provisions of the general laws relating to 
trespass, or as authorizing the hunting, pursuing, taking, 
wounding, or killing, or the possession of birds or quadru})eds 
contrary to any laws now or hereinafter in force, nor shall 
the possession of such certificate of registration grant or 
confer any privilege not enjoyed prior to the passage of this 
act. 

Section 2. Section two of said chaj)ter four hundred 
and eighty-four is hereby amended by inserting after the 
word "citizen", in the second line, the Avords: — who shall 
I)rov^e to the satisfaction of the clerk issuing said license 
that he is a citizen of this state, — by inserting after the 
word "game", in the sixth line, the words: — provided, how- 
ever, that an a])i)lication for a license for a minor under six- 
teen years of age must be accompanied by a written request 
from his ])arent or guardian, — and by in.s<.'rting l)efore tlie 
word "produced", in the fifteenth line, the wonls: — earriecl 



1908. 484, 
§ '2, amended. 



Acts, 1911. — Chap. 235. 193 



oil tlie person when hunting and, — so as to read as follows: 

— Section 2. The clerk of any city or town shall, upon the Certificates, 
application of any such bona fide resident citizen, who shall term,' etc. 
prove to the satisfaction of the clerk issuing said license 

that he is a citizen of this state, and the payment of the 
registration fee and recording fee hereinafter provided, issue 
to such person a certificate in the form prescribed and upon 
blanks furnished by the commissioners on fisheries and 
game: provided, however, that an application for a license Proviso. 
for a minor under sixteen years of age must be accompanied 
by a written request from his parent or guardian, which 
certificate shall bear the name, age, occupation, place of 
residence, signature and an identifying description of the 
person thus registered, and shall authorize the person so 
registered to hunt game birds and game quadrupeds dur- 
ing the period when the same, respectively, may lawfully 
be killed, and at no other time, and only subject to the 
restrictions and conditions as provided by law. Said cer- 
tificates shall be valid until January first next following 
the date of issue and no longer, shall not be transferable, 
and shall be carried on the person when hunting and pro- 
duced for examination upon demand of any commissioner 
of fisheries and game, or their deputies or upon demand of 
any sheriff, constable, police officer, or other officer author- 
ized to arrest for crime, or of the owner or lessee in actual 
occupancy of any land upon which such registered person 
may be found. Failure or refusal to produce said cer- 
tificate upon such demand shall be prima facie evidence 
of a violation of this act. 

Section 3. Section five of said chapter four hundred §®5°ame^nded. 
and eighty-four is hereby amended by inserting after the 
word "void", in the seventh line, the words: — and the 
said certificate shall be surrendered by him to the court, 

— so as to read as follows : — Section 5. Any person who Penalty, 
shall violate any provision of this act shall be fined not 

less than ten nor more than fifty dollars, or be imprisoned 
for not more than thirty days, or shall be punished by both 
such fine and imprisonment; and the certificate of any per- 
son who shall be convicted of a violation of any law relat- 
ing to birds or quadrupeds, or of any provision of this act, 
shall be void, and the said certificate shall be surrendered 
by him to the court, and such person shall not receive a 
certificate during the period of one year from the date of 
such conviction. Approved April 5, 1911. 



194 



Acts, 1011. — Chaps. 236, 237. 



Close season 
for ruffed 
grouse, etc. 



Cha2J.2oG An Act relative to ruffed grouse and woodcock. 
Be it enacted, etc., rw follows: 

Section 1. It shall be unlawful, excepting only })et\veeii 
the fifteenth day of October and the fifteenth day of Novem- 
ber of each year, both dates inclusive, to hunt, pursue, take 
or kill a ruffed grouse, commonly called partridge, or a wood- 
cock, or to have the same, or any part thereof, in possession, 
whenever or wherever the same may have been taken or 
killed; and it shall be unlawful at any time to buy, sell, 
offer for sale, or otherwise dispose of a ruft'ed grouse or 
woodcock or any part thereof, whenever or wherever the 
same may have been taken or killed; and it shall be unlaw- 
ful at any time to take or send or cause to be taken or trans- 
ported beyond the limits of the commonwealth the above 
named birds, or to have in possession any such bird with 
intent to take or cause the same to be taken out of the com- 
monwealth. 

Section 2. So much of chapter ninety-two of the Re- 
vised Laws as is inconsistent herewith, and chapter four 
hundred and forty-one of the acts of the year nineteen hun- 
dred and eight, chapter two hundred and seventy-two of 
the acts of the year nineteen hundred and nine, and chapter 
three hundred and sixty-five of the acts of the year nineteen 
hundred and ten, are hereby repealed. 

Section 3. Whoever violates the provisions of this act 
shall be punished by a fine of twenty dollars for each bird 
or part thereof in respect to which the violation occnrs; 
and possession of a ruffed grouse or woodcock, exce])t dur- 
ing the open season, as provided above, shall be prima facie 
evidence that the person having possession has violated the 
provisions of this act. Approved April 5, 1911. 



Repeal. 



Penalty. 



Chap 



R. 1.. 165, 
§ CO, 
amended. 



237 An Act to provide for the travelling expenses of 
auditors appointed by the courts. 

Be it enacted, etc., as follows: 

Section 1. Section sixty of chapter one hnndred and 
sixty-five of the Revised Laws is hereby amended by insert- 
ing after the word "compensation", in the first line, the 
words: — and allow actual expenses of travel in attending 
liearings, if said expenses be apj)roved by the court as rea- 
sonable, — bv sti'ikiiig out the word "it", in the second 



Acts, 1011. — Chap. 2:58. 195 

line, and inserting in place thereof the words: — the same, 
— by inserting after the word "awarded", in the fifth line, 
the words: — and expenses of travel allowed, • — and by 
adding at the end thereof the words: — No allowance for 
expenses of travel shall be allowed by the court, unless the 
auditor shall file a true and correct account of such expenses, 
signed and sworn to by him, — so as to read as follows : — 
Section 60. The court shall award reasonable compensation Compensa- 
and allow actual expenses of travel in attending hearings, if tLTn auditors, 



etc. 



said expenses be approved by the court as reasonable, to 
auditors, and the same shall be paid by the county if they 
are appointed by the supreme judicial court, the superior 
court or the probate court. If they are appointed by any 
other court, the compensation awarded and expenses of 
travel allowed may be paid by either party and taxed in 
his bill of costs if he prevails ; but the plaintiff shall be liable 
for such payment, and the court may make all orders and 
decrees, and issue process to enforce the same. No allow- 
ance for expenses of travel shall be allowed by the court, 
unless the auditor shall file a true and correct account of 
such expenses, signed and sworn to by him.- 

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

Apjjroved Ajjril 5, 1011. 

An Act to authorize the east templeton village im- Chap.238 

PROVEMENT SOCIETY TO ACQUIRE AND MAINTAIN A MEMO- 
RIAL HALL. 

Be it enacted, etc., as follows: 

Section 1. The East Templeton Village Improvement ^g^^,^^^^ 
Society, incorporated by chapter sixty-nine of the acts of viUage im- 
the year nineteen hundred and one, is hereby authorized to society may 
receive, hold and maintain the memorial hall building, and memorial* 
the land upon which it is erected, in the town of Templeton, ^""' ''*''• 
belonging to Erickson Post, 109, Benefit Association, a cor- 
poration duly organized under the laws of the common- 
wealth. The said association is hereby authorized to con- 
vey to the said improvement society by a suitable deed 
executed by the president and treasurer of the association, 
the said land, with the building thereon, and all the appur- 
tenances thereof. The said property shall be conveyed to 
the said society upon such trusts, terms and conditions as 
may be agreed upon by the parties, and the property shall 
be held and administered by the society upon the trusts. 



190 Acts, 1911. — Chains. 239, 210. 

terms and conditions so stated in the deed of conveyance. 
The said building, or any other building that may be erected 
in its stead, shall be maintained by the said society as a 
memorial to the soldiers of the civil war who enlisted from 
the said town, and the said society is authorized to take and 
administer any gifts or bequests for the embellishment, 
extension or improvement of the memorial hall in the said 
building or in any other building hereafter erected in its 
stead. All of the aforesaid property shall be exempt from 
taxation so long as the same is used for the purposes herein 
set forth. 

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

Approved April 5, 1011. 

Chaj).239 An Act to extend the time within which the metro- 
politan PARK COMMISSION MAY REPORT REL.\TIVE TO 
THE ADVISABILITY OF IMPROVING THE SANITARY CONDI- 
TION OF THE CHARLES RIVER RESERVATION. 

Be it enacted, etc., as follows: 

dfuoIfofUiT Section 1. The time within which the metropolitan park 
ChariesRiver commission is required by chapter one hundred and one 

reservation. n ^ pi . 

oi the resolves of the year nmeteen hundred and ten, to 
report upon the advisability of improving the sanitary con- 
dition of the Charles River reservation, is hereby extended 
to the second Saturday of January, nineteen hundred and 
twelve. 
Section 2. This act shall take effect upon its passage. 

Approved April 5, 1911. 

Chap.^i^iO An Act to authorize the city of somerville and the 

town of ARLINGTON TO CONSTRUCT A BRIDGE OVER ALE- 
WIFE BROOK. 

Be it enacted, etc., as follows: 

ofTbi-iSo"" Section 1. The city of Somerville and the town of 
over Aiowifo Arlington are herebv authorized, within five vears after the 

brook etc ^ *" * 

passage of this act, to lay out, construct and maintain as 
a jinblic way a bridge not exceeding forty feet in width, and 
apj)r()aches thereto, over Alewife brook and lands under 
the control of the metropolitan jiark commission adjacent 
thereto at or near Henderson street in Arlington and Wood- 
stock street, so-called, in Somerville, subject to the approval 



Acts, 1911. — Chap. 210. 197 



of the metropolitan park commission as to the location, grade 
and design of the bridge and its approaches. 

Section 2. For the purpose of carrying out the pro- Land and 
visions of this act, said city and said town may take lands iand*ma"ybe 
and rights in lands within their respective limits in the man- **^'^'^- 
ner provided by law for the laying out of public ways in 
said city and in said town, respectively, and may take an 
easement in lands adjoining the location of said approaches 
consisting of a right to have the land of the location pro- 
tected by having the surface of such adjoining lands slope 
from the boundary of said location. 

Section 3. Any person entitled by law to damages for Damages. 
the taking of or injury to property under the authority of 
this act, may have the same determined by a jury in the 
superior court for the county of Middlesex on petition there- 
for, filed within one year after the property is entered upon 
and the work is actually begun thereon, in the same manner, 
so far as may be practicable, as that in which damages are 
determined for the taking of land for highways in said city 
and in said town respectively. 

Section 4. Said city and said town may, at any time Betterments, 
within one year after the completion of the work authorized 
by this act, assess upon any lands within their respective 
limits, the amount of betterments accruing thereto by reason 
of the laying out and construction of said bridge and ap- 
proaches; and the provisions of law relating to the assess- 
ment of betterments in the laying out of public ways in 
said city and said town, respectively, shall, so far as the 
same are applicable, apply to such assessments. 

Section 5. For the purpose of paying in part the cost Aiewife 
to said city of laying out and constructing said bridge and Loan, 
approaches, and all expenses incidental thereto, the city 
may from time to time issue bonds to an amount not exceeding 
eight thousand dollars, and designated on the face thereof, 
Aiewife Brook Bridge Loan. Such bonds shall bear inter- 
est, payable semi-annually, at a rate not exceeding four per 
cent, and shall be payable at such time or times, not more 
than twenty years from their respective dates, as shall be 
determined by the city by vote of its council, and as shall 
be expressed upon the face of the bonds. 

Section 6. For the purpose of paying in part the cost Same 
to said town of laying out and constructing said bridge and 
approaches and all expenses incidental thereto, said town 
may from time to time issue bonds to an amount not exceed- 



198 Acts, 1911. — Chaps. 241, 242. 

ing eight thousand dollars, and designated on the face thereof, 
Alewife 13rook Bridge Loan. Such bonds shall bear inter- 
est, payable semi-annually, at a rate not exceeding four per 
cent, and shall be payable at such time or times, not more 
than twenty years from their respective dates, as shall be 
determined by the town by vote of its inhabitants in town 
meeting assembled, and as shall be expressed upon the face 
of the bonds. 
Payment of SECTION 7. Said city and said town at the time of 

authorizing such loans shall provide for the payment thereof 
in such annual proportionate payments as will extinguish 
the same within the time prescribed in this act, and when 
such provision has been made, the amounts required there- 
for shall, without further vote, annually be assessed by the 
assessors of said city and said town in the same manner in 
which other taxes are assessed, until the said debt is ex- 
tinguished. 
Section 8. This act shall take effect upon its passage. 

Approved April 5, 1911. 

Chap.24:l An Act to define the word "minor" as applied to com- 
pulsory ATTENDANCE AT EVENING SCHOOLS. 

Be it enacted, etc., as follows: 
im5i4. rpj^g third paragraph of section seventeen of chapter five 

amended. hiuidrcd and fourteen of the acts of the vear nineteen hun- 

dred and nine is hereby amended by adding at the end 
thereof the following: — exce])t that in regard to the com- 
pulsory attendance of illiterate minors at evening schools, 
tiie word "Minor" shall mean a person mider the age of 
??^.^",'V?," °^ twenty-one vears, — so as to read as follows: — "Child" 

(;liild or ii-\iT' 5»* 1 11 1 • 1 p 

" Minor." or Minor shall mean a person under eighteen years oi 
age, except that in regard to the compulsory attendance of 
illiterate minors at evening schools, the word "Minor" shall 
mean a person under the age of twenty-one years. 

Approved April G, 1911. 

CJiap.24:2 An Act relative to abatement of taxes for the sup- 
pression OF MOTHS. 

Be it enacted, etc., as follows: 

Aimiomont SECTION 1. A ])erson aggrieved 1)\' the taxes assessed 

of luxes for i • i. i • i- ' i i -i i 

tiK-siipi.ns u|)on Inni tor the suppression oi gyi)sy and l)rown tail moths 

Bion of luutlis. i i ii • • J! j_'' ' ' 1 1' 1 

l)Mrsuant to tlie j)ro\ isioiis ot sections six and seven ot ciiiip- 



Acts, 1911. — Chap. 243. 199 

ter three hundred and eighty-one of the acts of the year 
nineteen hundred and five, as amended by chapter two 
hundred and sixty-eight of the acts of the year nineteen 
hundred and six, by chapter five hundred and twenty-one 
of the acts of the year nineteen hundred and seven, and by 
chapter five hundred and ninety-one of the acts of the year 
nineteen hundred and eight, may, within six months after 
the date of the first tax bill issued on account of the taxes 
complained of, apply to the assessors for the abatement 
thereof; and if they find that he is taxed for more than his 
legal proportion, or for an amount in excess of what should 
have been assessed pursuant to the statute under which the 
tax was laid, they shall make a reasonable abatement. 

Section 2. The assessors shall not abate a tax under the Duties of 
provisions of section one except upon the written recom- 
mendation of the board or officer who certified the assess- 
ment in question to the assessors or provided them with 
the information as to the work performed, upon which such 
tax was assessed, unless the error or excess complained of 
originated in the work of the assessors who laid the tax. 

Section 3. The assessors shall keep a record of all taxes Record to be 
abated under the provisions of this act and shall preserve abated/^''*^^ 
for three years all written recommendations received pur- 
suant to section two. They shall furnish the collector of 
taxes with a certificate of each abatement hereunder, which 
shall relieve him from the collection of the sum abated. 

Section 4. This act shall take effect upon its passage, 

A'ppromd April 6, 1911. 

An Act relative to voting lists in the city of cam- CJiap.24^3 

BRIDGE, 

Be it enacted, etc., as follows: 

Section sixty of chapter five hundred and sixty of the acts 1907, seo, 
of the year nineteen hundred and seven, as amended by amended.' 
section two of chapter four hundred and forty of the acts 
of the year nineteen hundred and nine, is hereby further 
amended by inserting after the word "Boston", in the six- 
teenth line, the word : — Cambridge, -^ so as to read as 
follows: — Section GO. Registrars or election commissioners voting lists, 
shall, from the names entered in the annual register of voters, 
prepare voting lists for use at the several elections to be held 
therein. In such voting lists, they shall place the names of 
all voters entered on the annual register, and no others, and 



200 



Acts, 1911. — Chap. 244. 



opposite to the name of each, his residence on the preced- 
ing first day of April or at the time of his becoming an in- 
habitant of such place after said day, and in Boston the 
age of each male voter therein. They shall enter the names 
of women voters in separate columns or lists. In cities, 
they shall prepare such voting lists by wards, and if a ward 
or a town is divided into voting precincts, they shall pre- 
pare the same by precincts, in alphabetical order, or by 
streets, except that in Boston, the voting lists shall be pre- 
pared by streets. In all wards within any Suflt'olk senatorial 
district, except in Boston, Cambridge and Chelsea, the regis- 
trars shall, annually after the closing of registration and before 
the annual state election, make, by wards or precincts, as 
the case may be, street lists of voters to be used as the vot- 
ing list at elections. Names shall be added thereto or taken 
therefrom as persons are found qualified or not qualified to 
vote. The said lists shall be in the following form: — 

Street. 



Name op Voter. 



Residence, Number or 

Other Designation, 

April 1, of the Yeur of 

Election. 



Length of Residence 
in City. 



Personal 
Description. 



01 
1:11 

< 



.a 



.a 



Approved April 6, 1911. 



Chajx^U 



1908, 209, 
§ 1, amended. 



Open air 
fires i)ro- 
liiliited, etc. 



Provi.sos. 



An Act relative to fires in the open air. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and nine of the acts 
of the year nineteen hundred and eight is herel^y amended 
by striking out section one and inserting in })lat'e thereof 
the following: — Section 1 . It shall be unlawful within any 
city, or within any town which accepts the provisions of 
this act, for any person to set a fire in the open air between 
the first day of INIarch and the first day of December except 
by the written permission of the forest warden, or the chief 
of the fire department or, in cities that have such an ofiicial, 
tlie fire commissioner: provided, that debris from fields, gar- 
dens and orchards, or leaves and rubbish from yards may 
be burned on ploughed fields by the owners thereof, tlieir 
agents or lessees; aii<l proridcti, further, thiit })ersons ab()^•e 



Acts, 1911. — Chap. 244. 201 

eighteen years of age may maintain a fire for a reasonable 
purpose upon sandy or barren land, if the fire is enclosed 
within rocks, metal or other non-inflammable material. In 
every case such fire shall be at least two hundred feet dis- 
tant from any forest or sprout lands, and at least fifty feet 
distant from any building, and shall be properly attended 
until it is extinguished. The forest warden shall cause pub- 
lic notice to be given of the provisions of this section, and 
shall enforce the same. Whoever violates the provisions of 
this section shall be punished by a fine of not more than 
one hundred dollars, or by imprisonment for not more than 
one month, or by both such fine and imprisonment. 

Section 2. Said chapter two hundred and nine is hereby i908, 209, 
further amended by striking out section four and inserting 
in place thereof the following: — Section 4- The state for- Arrest of 
ester and forest warden, or any duly authorized assistant sluing^fii^e's" 
in the employ of the state forester, or any duly appointed 
deputy forest warden, may arrest without a warrant any 
person found in the act of setting or maintaining a fire in 
violation of the provisions of this act. 

Section 3. Said chapter is hereby further amended by i908, 209, 
striking out section five and inserting in place thereof the 
following new section : — Section 5. The selectmen of every Act to be 
town may submit this act to the voters for their acceptance voters. '^ 
at any annual or special town meeting. The vote shall be 
taken by separate ballot, and shall be "Yes" or "No" in 
answer to the following question printed upon the ballot: 
"Shall an act passed by the general court in the year nine- 
teen hundred and eight, entitled 'An Act to provide for the 
protection of forest or sprout lands from fire', be accepted 
by this town?" A majority vote of the legal voters present 
and voting at such meeting shall be required for the accept- 
ance of this act; and upon such acceptance the provisions 
of section twenty-four of chapter thirty-two of the Revised 
Laws shall cease to apply to any town which has previously 
accepted that section. 

Section 4. Section eleven of chapter two hundred and ^'^p''^'- 
eleven of the Revised Laws is hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Ajrproved April G, 1911. 



202 Acts, 1911. — Chap. 245. 



Cliap.24:^ An Act to establish the east foxborough water sup- 
ply DLSTRICT AND TO PROVIDE FOR SUPPLYING SAID DIS- 
TRICT WITH WATER. 

Be it enacted, etc., as follows: 

wou^°r Section 1. The inhabitants of the easterly part of the 

Water Sup- town of Foxborousfh, Hable to taxation in that town and 

ply District .,.,". , , , 1 f- II • 1 

established. residing withiii the territory enclosed by the lohowing bound- 
ary Hnes, to wit: — Beginning at the stone monument at 
the southeasterly corner of the town of Foxborough, said 
monument marking the corner of the towns of Foxborough, 
Mansfield and Sharon; thence north twenty-seven degrees 
fifty-seven minutes west, along the line between Foxborough 
and Sharon, ten thousand three hundred and fifty-nine feet 
to a corner on said line; thence south forty degrees twenty- 
nine minutes west, by said Sharon line, four thousand and 
nine feet to a corner on said line; thence north thirty-nine 
degrees thirteen minutes west, by said Sharon line, eight 
thousand four hundred and five feet to the stone monument 
standing on said line and on the easterly side of IMechanic 
street; thence south four degrees forty-six minutes west, in 
the town of Foxborough, ten thousand one hundred and 
fifty-five feet to the point where the centre lines of Chestnut 
and Cocasset streets intersect; thence south thirty-one de- 
grees twenty-one minutes east, in the town of Foxborough, 
eight thousand eight hundred and six feet to the stone monu- 
ment standing on the line between the towns of Foxborough 
and Mansfield and on tiie easterly side of Summer street; 
thence north sixty-two degrees twenty-three minutes east, 
along the line between the towns of Foxborough and INIans- 
field, ten thousand eight hundred and forty-two feet to the 
point of beginning, — shall constitute a water supply dis- 
trict, and are hereby made a body corporate by the name 
of the Fast Foxborough Water Sui)])ly District, for the jnir- 
pose of supplying themselves with water for the extinguish- 
ment of fires and for domestic and other ])ur])oses, with 
power to establish fountains and hydrants, and to relocate 
and discontinue the same, to regulate the use of such water 
and to fix and collect rates to be i)ai(l therefor, and tt) take, 
or acquire by lease, ])urchase or otherwise, and to hokl 
property, lands, rights of way and easements for the i)ur])oses 
mentioned in this act, and to prosecute and defend in all 
actions relating to i\\v ])roperty and afi'airs of the district. 



Acts, 1911. — Chap. 245. 203 

Section 2. Said water supply district, for the purposes Taking and 
aforesaid, may take, or acquire by purchase or otherwise, wafei"sfeU!. 
and hold the waters of any pond or stream or of any ground 
sources of supply by means of driven, artesian or other wells 
within the limits of the district, and the water rights con- 
nected with any such water sources; or may contract with 
the Foxborough Water Supply District for whatever water 
may be required in pursuance of the purposes herein named, 
on such terms and conditions as may be agreed upon by the 
said districts, and the Foxborough Water Supply District 
may furnish such water; but nothing herein shall be con- 
strued to compel the last named district so to do. The said 
East Foxborough Water Supply District may also take, or 
acquire by purchase or otherwise, and hold, all lands, rights 
of way and easements necessary for collecting, storing, hold- 
ing, purifying and preserving the purity of the water and 
for conveying the same to any part of said district: j^'^o- proviso. 
vided, however, that no source of water supply and no lands 
necessary for preserving the quality of the water, shall be 
taken or used without first obtaining the advice and approval 
of the state board of health, and that the location of all 
dams, reservoirs and wells to be used as sources of water 
supply under this act shall be subject to the approval of 
said board. Said district may construct on the lands taken 
or acquired under the provisions of this act, proper dams, 
reservoirs, standpipes, tanks, buildings, fixtures and other 
structures, and may make excavations, procure and operate 
machinery and provide such other means and appliances, 
and do such other things as may be necessary for the 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 East 
Foxborough Water Supply District, 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 em- 
bank any such lands, highways or other ways in such manner 
as to cause the least hindrance to public travel on such ways; 
and all things done upon any such way shall be subject to 
the direction of the selectmen of the town of Foxborough. 



204 



Acts, 1911. — Chap. 245. 



Taking of 
land, etc., to 
be recorded. 



Damages. 



East Fox- 
l)orouKh 
Water Sup- 
ply Di.strict 
Water Loan. 



Section 3. Said water supply district shall, within ninety 
days after the taking of any lands, rights of way, water 
rights, water sources or easements under the provisions of 
this act, otherwise than by purchase, file and cause to be 
recorded in the registry of deeds for the county or district 
in which the same are situated a description thereof suffi- 
ciently accurate for identification, with a statement of the 
purpose for which the same were taken, signed by the water 
commissioners hereinafter provided for. The title to all 
land taken, purchased or acquired in any way under the 
provisions of this act shall vest in said East Foxborough 
Water Supply District, and the land so taken or acquired 
may be managed, improved and controlled by the board 
of water commissioners hereinafter provided for, in such 
manner as thev shall deem for the best interest of said 
district. 

Section 4. Said district shall pay all damages to prop- 
erty sustained by any person or corporation by the taking 
of any land, right of way, water, water source, water right 
or easement, or by anything done by said district under 
authority of this act. Any person or corporation sustain- 
ing damages as aforesaid, and failing to agree with the 
district as to the amoimt thereof, may have the same deter- 
mined in the maimer 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 authority of 
this act; but no such application shall be made after the 
expiration of said two years; and no application for assess- 
ment of damages shall be made for the taking of any water, 
water right, or for any injury thereto, until the water is actu- 
ally withdrawn or diverted by the district under authority 
of this act. Said district may by vote, from time to time, 
determine what amount or quantity of water it proposes 
to take and appr()])riate under this act; in which case any 
damages cau.sed by such taking shall be based upon such 
amount or quantity until the same shall be increased by 
vote or otherwise, and in that event said district shall be 
liable further only for the additional damage caused by such 
additional taking. 

Section T). Said district, for the ])urpose of i)aying 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-five thousand 



Acts, 1911. — Chap. 245. 205 

dollars. Such bonds, notes or scrip shall bear on their face 
the words, East Foxborough Water Supply District Water 
Loan; shall be payable at the expiration of periods not 
exceeding thirty years from the dates of issue; shall bear 
interest, payable semi-annually, at a rate not exceeding five 
per cent per annum; and shall be signed by the treasurer 
of the district and countersigned by the water commis- 
sioners hereinafter provided for. Said district may sell such 
securities at public or private sale, upon such terms and 
conditions as it may deem proper: provided, that they shall p^^iso. 
not be sold for less than their par value. The town of Fox- 
borough may, at its annual town meeting or at a legal meet- 
ing called for the purpose, guarantee the payment of such 
bonds, notes or scrip. 

Section 6. Said district shall, at the time of authoriz- Payment of 
ing said loan, provide for the payment thereof in such annual 
proportionate payments, beginning not more than five years 
after the first issue of such bonds, notes or scrip, as will 
extinguish the same within the time prescribed by this act; 
and when a vote to that 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 district, and to make such payments 
on the principal as may be required under the provisions 
of this act, shall without further vote be raised annually 
by taxation in the manner hereinafter provided. 

Section 7. Whenever a tax is duly voted by said dis- Copy of tax 
trict for the purposes of this act, the clerk shall send a cer- be sent to the 



assessors. 



tified copy of the vote to the assessors of the town of Fox- 
borough, who shall proceed within thirty days thereafter to 
assess the same in the same manner in which town taxes 
are required by law to be assessed: provided, however, that P^o'^^iso. 
no estate shall be subject to such tax if, in the judgment 
of the board of water commissioners hereinafter provided 
for, such estate is so situated that it can receive no aid for 
the extinguishment of fire from the said system of water 
supply, or if such estate is so situated that the buildings 
thereon, or the buildings that might be constructed thereon, 
in any ordinary or reasonable manner, could not be supplied 
with water from the said system; but all other estates in 
the district shall be deemed to be benefited and shall be 
subject to the tax. A certified list of the estates exempt 
from taxation under the provisions of this section shall 



206 



Acts, 1911. — Chap. 245. 



I'roviso. 



First 
meeting. 



Water cnm- 
missioners, 
election, 
terras, etc. 



annually be sent by the water commissioners to the assessors, 
at the same time at which the clerk shall send a certified 
copy of the vote as aforesaid. The assessment shall be com- 
mitted to the town collector, who shall collect said tax in 
the manner provided by law for the collection of town taxes, 
and shall deposit the proceeds thereof with the district treas- 
urer for the use and benefit of said district. Said district 
may collect overdue interest on taxes in the manner in 
which interest is authorized to be collected on town taxes; 
provided, further, that said district at the time of voting to 
raise the tax shall so determine and shall also fix a time for 
payment thereof. 

Section 8. The first meeting of said district shall be 
called on petition of ten or more legal voters therein, by a 
warrant from the selectmen of the town of Foxborough, or 
from a justice of the peace, directed to one of the petitioners, 
requiring him to give notice of the meeting by posting 
copies of said warrant in two or more public places in said 
district seven days at least before the time of the meeting. 
The said justice of the peace or one of the selectmen shall 
preside at the meeting until a clerk is chosen and sworn, 
and the clerk shall preside until a moderator is chosen. 
After the choice of a moderator for the meeting the ques- 
tion of the acceptance of this act shall be submitted to the 
voters, and if it is accepted by a majority vote of the \oters 
present and voting thereon it shall take effect, and the meet- 
ing may then proceed to act on the other articles contained 
in the warrant. 

Section 9. The East Foxborough Water Supjily Dis- 
trict shall, after the acceptance of this act as aforesaid, 
elect by ballot three persons to hold office, one until the expi- 
ration of three years, one until tlie expiration of two years 
and one until the expiration of one year from the next suc- 
ceeding annual district meeting, to constitute a board of 
water commissioners; and at every annual meeting there- 
after 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. Said 
conniiissioners shall ai)])i)int a treasurer of said district, who 
may be one of their luiniber, wlio shall give bonds to the 
district to such an amount and with such sureties as may 



Acts, 1911. — Chap. 215. 207 

be approved by the commissioners. A majority of the com- 
missioners shall constitute a quorum for the transaction of 
business. Any vacancy occurring in said board from any 
cause may be filled for the remainder of the unexpired term 
by said water supply district at any legal meeting called 
for the purpose. No money shall be drawn from the district 
treasury on account of the water works except by a written 
order of said commissioners or a majority of them. 

Section 10. Said commissioners shall fix just and equi- Water rates. 
table prices and rates for the use of water, and shall prescribe 
the time and manner of payment. The income of the water 
works shall be applied to defraying all operating expenses, 
interest charges and payments on the principal as they accrue 
upon any bonds, notes or scrip issued under authority of 
this act. If there should be a net surplus remaining after 
providing for the aforesaid charges, it may be used for such 
new construction as the water commissioners may determine 
upon, and in case a surplus should remain after payment 
for such new construction the water rates shall be reduced 
proportionately. No money shall be expended in new con- 
struction by the water commissioners except from the net 
surplus aforesaid, unless the district appropriates and pro- 
vides money therefor. Said commissioners shall annually, 
and as often as the district may require, render a report 
upon the condition of the works under their charge, and 
an account of their doings, including an account of receipts 
and expenditures. 

Section 11. Said district may adopt by-laws prescribing By-iaws. 
by whom and how meetings may be called, notified and 
conducted; and, upon the application of ten or more legal 
voters in the district, meetings may also be called by war- 
rant as provided in section eight. Said district may also 
choose such other officers not provided for in this act as it 
may deem necessary or proper. 

Section 12. Whoever wilfully or wantonly corrupts, Penaityfor 
pollutes or diverts any water obtained or supplied under watel-yet"^ 
this act, or wilfully or wantonly injures any reservoir, stand- 
pipe, aqueduct, pipe or other property owned or used by said 
district for the purposes of this act, shall forfeit and pay to 
the district three times the amount of damages assessed 
therefor, to be recovered in an action of tort, and upon 
conviction of any of the above acts shall be punished by a 
fine not exceeding one hundred dollars or by imprisonment 
in jail for a term not exceeding six months. 



208 Acts, 1911. — Chaps. 246, 247, 248. 

^™ng effect. Section 13. This act shall take effect upon its acceptance 
by a majority vote of the voters of said district present 
and voting thereon at a district meeting called in accord- 
ance with the provisions of section eight, within three years 
after the passage of this act; hut it shall become void unless 
the said district shall begin to distribute water to consumers 
within two years after the date of the acceptance of this 
act as aforesaid. Apyroved April 6, 1911. 

ChapJ^iAQ An Act to make uniform the law relative to wills 

EXECUTED WITHOUT THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

^"rmthehiw SECTION 1. A last will and testament executed without 

certahTwui ^^^^^ commouwcalth in the mode prescribed by the law, 
either of the place where the will is executed or of the testa- 
tor's domicile, shall be deemed to be legally executed, and 
shall be of the same force and effect as if executed in the 

Proviso. mode prescribed by the laws of this commonwealth: pro- 

vided, that such last will and testament is in writing and 
subscribed by the testator. 

Repeal. Section 2. All acts and parts of acts inconsistent here- 

with are hereby repealed. 
Section 3. This act shall take effect upon its passage. 

Approved April 6, 1911. 

Chap.'2^1 An Act to authorize instruction in the public schools 
in the application of surgical remedies and first 
aid for the injured. 

Be it enacted, etc., as folloivs: 

hi'[ur"d!^cki' Instruction may be given in the public schools in the 
application of surgical remedies in cases of emergency and 
the principles of first aid for the injured; and school com- 
mittees may expend for this purpose such sinns from the 
approjjriation for salaries of teachers as they may deem 
necessary. Ajiproved April 6, 1911. 

Chap.24B An Act to authoihze the town of hanover to supply 

ITSELF AND ITS INIIARITANTS WITH WATER. 

Be it enacted, etc., as follows: 

u,r\ZZln/ Section 1. The town of Hanover may supi^ly it.self and 
of Jiunover. its inhabitants with water for the extinguishment of fires 



Acts, 1911. — Chap. 248. 209 

and for domestic, manufacturing and other purposes; may 
establish fountains and hydrants and relocate or discon- 
tinue the same; and may regulate the use of such water and 
fix and collect rates to be paid therefor. 

Section 2. Said town, for the purposes aforesaid, may Contracts 
make contracts with any adjoining town, or may take, or wuhouler'*^ 
acquire by purchase or otherwise, and hold the waters of t'^"'"^' «'<=. 
any pond or stream or of any ground sources of supply by 
means of driven, artesian or other wells within the limits 
of the town, and the water rights connected with any such 
water sources, and may also take, or acquire by purchase 
or otherwise, and hold all lands, rights of way and ease- 
ments necessary for collecting, storing, purifying and pre- 
serving the water, and for conveying the same to any part 
of said town: provided, hoivever, that no source of water Proviso, 
supply and no lands necessary for preserving the quality 
of such water shall be taken without first obtaining the advice 
and approval of the state board of health, and that the loca- 
tion 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 town may construct on the lands 
acquired under the provisions of this act, proper dams, 
reservoirs, standpipes, tanks, buildings, fixtures and other 
structures, and may make excavations, procure and operate 
machinery and provide such other means and appliances 
and do such other things as may be necessary for the 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 and over any land, water courses, railroads, railways 
and public or other ways, and along such ways in the town 
of Hanover, in such manner as not unnecessarily to obstruct 
the same; and for the purpose of constructing, laying, main- 
taining, operating and repairing such conduits, pipes and 
other works, and for all other proper purposes of this act, 
said town may dig up or raise and embank any such lands, 
highways or other ways, in such manner as to cause the least 
possible hindrance to public travel on such w^ays. 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. 



210 



Acts, 1911, 



Chap. 218. 



Taking of 
land, etc., to 
be recorded. 



Damages. 



Town of 
lliuiover 
Water Ijoan, 
Act of 1911. 



Section 3. Said town shall within ninety days after 
tiie taking of any lands, rights of way, water rights, water 
sources or easements as aforesaid, file and cause to be recorded 
in the registry of deeds for the northern district of the county 
of Plymouth a description thereof sufficiently accurate for 
identification, with a statement of the purpose for which 
the same were taken, signed by the water commissioner 
hereinafter provided for. The title to all lands acquired 
under the provisions of this act shall vest in the town of 
Hanover, and the land so acquired shall be managed, im- 
proved and controlled by the board of water commission- 
ers hereinafter provided for, in such manner as they shall 
deem for the best interest of said town. 

Section 4. Said town shall pay all damages to prop- 
erty sustained by any person or corporation by the taking 
of any land, right of way, water, water source, water right 
or easement, or by any other thing done by said town under 
authority of this act. Any person or corporation sustain- 
ing damages as aforesaid, and failing to agree with the town 
as to the amount thereof, may have the same determined 
in the manner provided by law in the case of land taken for 
the laying out of highways, on application at any time within 
the period of two years after the taking of such land or 
other property or tlie doing of other injin-y luider auth.orit}' 
of this act; but no such application shall be made after 
the expiration of the said two years, and no ai)])lication for 
assessment of damages shall be made for the taking of any 
water or water right, or for any injury thereto, until the 
water is actually withdrawn or diverted by the town inider 
authoritv of this act. Said town mav bv vote, from time to 
time, determine what amount or quantity of water it pro- 
poses to take and appropriate under this act; in which case 
any damages causetl by such taking shall be based upon 
such amount or quantity until the same shall be increased 
by vote or otherwise, and in that event the town shall be 
liable further only for the additional damages caused by 
such additional taking. 

Section 5, Said town, for the purpose of paying the 
necessary ex])enses and liabilities incurred mider the i)ro- 
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 t)f Hanover Water Loan, Act 
of 1911, shall be payable at the expiration of i)eriods not 



Acts, 1911. — Chap. 248. 211 

exceeding thirty years from the date of issue; shall bear 
interest, payable semi-annually, at a rate not exceeding 
four and one half per cent per annum; and shall be signed 
by the treasurer of the town and countersigned by the water 
commissioners hereinafter provided for. The town may sell 
such securities at public or private sale, upon such terms 
and conditions as it may deem proper, but they shall not 
be sold for less than their par value. 

Section 6. Said town shall at the time of authorizing Payment of 
said loan provide for the payment thereof in such annual 
proportionate payments, beginning not more than 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 pay- 
ments on the princii)al as may be required under the pro- 
visions of this act, shall without further vote be assessed 
by the assessors of the town annually thereafter, in the 
same manner in which other taxes are assessed, until the 
debt incurred by said loan is extinguished. 

Section 7. Whoever wilfully or wantonly corrupts, pol- ^J,\\"H^'/°'' 
lutes or diverts any water taken or held under this act, or etc., of water. 
injures any structure, work or other property owned, held 
or used by said town under authority of this act, shall for- 
feit 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 the same meeting at which the act is accepted or at "leclion!'^^' 
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 expira- 
tion of one year from the next succeeding annual town 
meeting, to constitute a board of water commissioners; and 
at each annual town meeting thereafter one such commis- 
sioner shall be elected by ballot for the term of three years. 
All the authority granted to the town by this act and not 
otherwise specifically provided for shall be vested in said 



212 



Acts, 1911. — Chap. 249. 



Quorum. 



Vacancy. 



Water rates, 
etc. 



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 commissioners shall con- 
stitute 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 the town 
at any legal town meeting called for the purpose. Any 
such vacancy may be filled temporarily by a majority vote 
of the selectmen, and the person so appointed shall hold 
office until the town fills the vacancy in the manner specified 
herein. 

Section 9. Said commissioners shall fix just and equi- 
table prices and rates for the use of water, and shall prescribe 
the manner and time of payment. The income of the water 
works shall be applied to defraying all operating expenses, 
interest charges and payments on the principal as they accrue 
upon any bonds, notes or scrip issued under authority of 
this act. If there should be a net surplus remaining after 
providing for the aforesaid charges, it shall be used for such 
new construction as the water commissioners may determine 
upon, and in case a surplus should remain after payment 
for such new construction the water rates shall be reduced 
proportionately. No money shall be expended in new con- 
struction by the water commissioners except from the net 
surplus aforesaid, unless the town appropriates and provides 
money therefor. Said commissioners shall annually, and 
as often as the town may require, render a report upon 
the condition of the works under their charge and an account 
of their doings, including an account of receipts and expendi- 
tures. 

Section 10. This act shall take effect upon its accept- 
ance by a majority of the legal voters of the town of Han- 
over present and voting thereon at a legal meeting called 
for the purpose within three years after its passage; but 
the number of the meetings so called in any one year shall 
not exceed three; and for the purpose of being submitted 
to the voters as aforesaid this act shall take eft'ect upon 
its passage. Approved April 6, 1011. 

Chap.24:9 An Act relative to the payment of w^\ces by certain 

MANUFACTURING COIU'OHATIONS AND MANUFACTURERS. 

Be it enacted, etc., as follows: 
Payinontof SECTION 1. IManufactuHng corpomtious Hud contractors, 

WiiKi-s l).v '^ . ' ... 

mauufucturing pcrsoiis or partnerships engaged ni any nianulacturuig busi- 



New con- 
Btruction, etc. 



Tinio of 
taking effect. 



Acts, 1911. — Ciiap. 250. 213 

ness wherein one hundred employees or more are employed tk)^ns7etc. 
shall, on the day chosen as pay day, pay such of their em- 
ployees as are on that day working in the manufacturing 
establishment, before the close of the regular working hours. 

Section 2. Whoever violates the provisions of this act Penalty, 
shall be punished by a fine of not more than fifty dollars. 

Approved April 6, 1911. 



An Act relative to the disposition of fees and for- 
feitures AND THE PAYMENT OF COSTS IN CERTAIN AP- 
PEALED CASES. 



C7i«i9.250 



Be it enacted, etc., as foUoics: 

Section 1. Section two of chapter two hundred and f^'^amended 
twenty-one of the Revised Laws is hereby amended by 
inserting after the word "Boston", in the fourth line, the 
following : — except that in cases appealed from police and 
district courts or trial justices, in counties other than the 
county of Suffolk, the fine or forfeiture shall be paid into 
the treasury of the county in which the fee or forfeiture 
was imposed, and the treasurer of the said county shall 
pay to the city or town in which the offence was committed, 
the costs as certified by the clerk of the inferior court from 
which the case was appealed, — so as to read as follows: — 
Section 2. A fine or forfeiture, which is imposed by the Payment of 
superior court shall be paid over to the treasurer of the and'V °r-^°*'^ 
county where the proceeding in which the fine or forfeiture feitures. 
was imposed was tried, or in the county of Suffolk, to the 
collector of the city of Boston, except that in cases appealed 
from police and district courts or trial justices, in counties 
other than the county of Suffolk, the fine or forfeiture shall 
be paid into the treasury of the county in which the fee or 
forfeiture was imposed, and the treasurer of the said county 
shall pa}^ to the city or town in which the offence was com- 
mitted, the costs as certified by the clerk of the inferior 
court from which the case was appealed. A fine or forfeiture 
which is imposed by a police, district or municipal court 
or by a trial justice shall, except as otherwise provided, be 
paid to the city or town in which the crime or offence was 
committed. If the whole or any part of a fine is by law 
payable to a complainant or informant or to a person or 
corporation as beneficiary, the court or magistrate may 
apportion the fine or forfeiture between such complainant, 
informant or other beneficiary and the county, city or town, 
respectively. 



214 



Acts, 1911. — Chap. 251. 



Certain pro- 
visions of law 
not to apply. 



Section 2. The provisions of section two of said chap- 
ter two hundred and twenty-one of the Revised Laws as 
amended by this act shall not apply to fees and fines re- 
ceived under the provisions of section thirty of chapter five 
hundred and thirty-four of the acts of the year nineteen 
hundred and nine, as amended by chapter five hundred 
and twenty-five of the acts of the year nineteen hundred 
and ten. Approved April G, 1011. 



Subject to 
certain laws. 



Chap.2[)l An Act relative to the incorporation of insurance 

COMPANIES ON THE MUTUAL PLAN. 

Be it enacted, etc., as follows: 
Incorporation SECTION 1. Tell or morc pcrsons who are residents of 

of insurance ^ t^ 

companies on this commonwcaltli may form an insurance compan^• on the 

the mutual i i • r . * . 

plan. mutual plan to msure any person, firm or corporation against 

loss or damage on account of the bodily injury or death 
by accident of any person, or against damage caused by auto- 
mobiles to property of another, for which loss or damage 
such person, firm or corporation is responsible. The cor- 
poration shall be formed in the manner described in, and 
be subject to, the provisions of sections fifteen to twenty, 
inclusive, of chapter one hundred and ten of the Revised 
Laws, except as is otherwise provided herein. 

Section 2. A corporation formed as aforesaid shall l)e 
subject to all general laws now or hereafter in force appli- 
cable to domestic insurance companies, and, except as is 
otherwise provided herein, to all general laws now or here- 
after in force applicable to mutual fire insurance companies. 
Section 3. No policy shall be is.sued by a corporation 
formed as aforesaid, until insurance has been applied for, 
the premiums for which will amount to not less than 
one hundred thousand dollars, and no policy shall be 
issued until a list of the subscribers for such insurance, 
with such other information as the insurance commissioner 
may require, shall have been filed in his department, nor 
until the j^resident and secretary of the company shall have 
certified under oath that every subs('rii)ti()n for insurance 
in the list so filed is genuine and made with an agreement 
with every subscriber that he will take the insurance sub- 
scribed for by him within thirty days after the granting of 
a license to the company by the insurance commissioner to 
issue policies. If the said officers sIimII take a false oath 
relative to the said certificate they siiall be guilty of per- 



Issuing of 
policies, etc. 



Acts, 1911. — Chaps. 252, 253. 215 

jury. No such corporation whose business becomes reduced 
so that it has on its books less than one hundred thousand 
dollars of outstanding premiums not reinsured shall make 
any further insurance until it has secured applications for 
policies which, together with the risks already on its books 
not reinsured shall amount to not less than one hundred 
thousand dollars in premiums, said applications to be sub- 
ject to the same provisions of this section as apply to the 
subscriptions for a new insurance company. Upon the fil- 
ing of such application with the insurance commissioner, he 
may make such investigation as he deems proper and, if 
his findings warrant it, grant a license to such company 
to issue policies. The liability of any policy holder to pay 
his proportional part of any assessments which may be laid 
by the company, in accordance with law and his contract, 
on account of losses and expenses incurred while he was a 
member, shall continue so long as there are outstanding 
any obligations incurred while he was such member. The 
reserve which the company shall maintain for outstanding 
losses shall be computed as required by the laws relating 
to the reserves for outstanding losses of liability companies. 
Section 4. This act shall take effect upon its passage. 

Approved April 6, 1911. 

An Act relative to mortuaries in the county of suf- Clicm.2^2 

FOLK. 

Be it enacted, etc., as follows: 
Section 1. The county of Suffolk shall provide and Mortuaries 

. . . , . p Ti "^ ^^^ county 

mamtam m suitable situations in the city or Boston not of Suffolk. 
less than two mortuaries, and the expense of providing and 
maintaining the same, including the wages or salaries of 
any attendants, shall be paid in the same way in which 
other expenses of the county are paid. 

Section 2. This act shall not take effect until it has Time of 
been accepted by the mayor and city council of the city of *^'''"se 
Boston. Approved April 6, 1911. 

An Act to authorize the wardens and vestry of st. (JJian,253 
George's episcopal church of lee to hold in trust 
certain real and personal property. 

Be it enacted, etc., as follows: 

Section 1. The wardens and vestry of St. George's Wardens and 
Episcopal Church of Lee may hold in trust gifts, grants, st!^ Geo*'rge's 



216 



Acts, 1911. — Chaps. 254, 255. 



chi^r'd? hi bequests or devises to said church for the support of pubHc 
Leo may woFship Eud foF othcF pcligious purposes to the amount of 

property in ()iie huudrcd and fifty thousand dollars, and they may 
''^"^*" receive, hold and manage all such real and personal prop- 

erty, and may sell and convey the same. 
Section 2. This act shall take effect upon its passage. 

Ajjproved April G, 1011. 

Chaj)-'^^)^ ^N Act to establish the sittings of the superior court 

FOR civil and criminal BUSINESS FOR THE COUNTY OF 
HAMPSHIRE. 

Be it enacted, etc, as follows: 

Section 1. The paragraph of section twenty-four of 
chapter one hundred and fifty-seven of the Revised Laws 
relative to sittings of the superior court for the county of 
Hampshire, being lines twenty-seven to thirty, both inclu- 
sive, is hereby amended by striking out the words "for 
civil business", in the twenty-seventh line, and by striking 
out the words "for criminal business on the second IMonday 
of June and the third Monday of December", in the twenty- 
ninth and thirtieth lines, — so as to read as follows: — 
For the county of Hampshire, at Northampton, on the 
third Monday of February, the first INIonday of June and 
the third Monday of October. 

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

Approved April 6, 1911. 



R. L. 157, 

§ 24, 
amended. 



F5ittings of 

Superior 

court for 

Hampshire 

county 

established. 



Jurisdiction 
of the United 
States over 
a certain 
I ract of land 
lii Lowell. 



Chaj).2r)^ An Act to confirm the jurisdiction of the united 

STATES OVER A TRACT OF LAND IN THE CITY OF LOWELL 
acquired FOR A POST OFFICE. 

Be it enacted, etc., as follows: 

Section 1. The United States may at any time within 
one year after the passage of this act file in the office of 
the secretary of the commonwealth a suitable plan of the 
tract of land in the city of Lowell to which the United States 
has acquired title in fee, and upon which a post ofiice has 
been erected, and the filing thereof within said time shall 
be deemed to be a sufficient compliance with the provisions 
of section one of chapter forty-three of the acts of the year 
eighteen hundred and se\enty-three, and all acts in amend- 
ment thereof and in addition thereto. 

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

Approved April 6, 1011. 



Acts, 1911. — Chap. 256. 217 



An Act to change and establish a boundary line be- Cha7).256 

TWEEN the city OF NEW BEDFORD AND THE TOWN OF 
DARTMOUTH. 

Be it enacted, etc., as follows: 

Section 1. There is hereby set off from the town of Boundary 
Dartmouth and annexed to and made a part of the city of New Bedford 
New Bedford a certain tract of land with its inhabitants mouth 
and all estates therein comprising eighteen acres more or *^^*''''''^'*''*^- 
less of upland and marsh thus bounded and described, to 
wit: — Beginning at the point of intersection of the south 
line of Cove road in said New Bedford and the east line of 
contemplated Taylor street so-called in said Dartmouth; 
thence running in the south line of Cove road, or the exist- 
ing boundary line between said city and said town, north 
fifty-eight degrees thirty-seven minutes thirty seconds east, 
or whatever the course may be, six hundred three and forty- 
nine one hundredths feet to an angle in said road; thence 
still in said boundary line north eighty-one degrees three 
minutes east, or whatever the course may be, two hundred 
sixty-five feet more or less to Clarks cove, and thence con- 
tinuing in said existing boundary line into and through the 
waters of Clarks cove to the existing boundary line of tide 
waters between said town and said city. Then starting 
again at the point of beginning and running in the easterly 
line of said Taylor street south two degrees thirty-six minutes 
west nine hundred seventy-four and eighty-seven one hun- 
dredths feet to the northerly line of a proposed continua- 
tion eastwardly of contemplated Rogers street to be extended 
in its present course and direction in said Dartmouth; thence 
south eighty-seven degrees eight minutes east in the proposed 
continuation of the northerly line of said contemplated 
Rogers street two hundred thirty-two feet to Clarks cove, 
and thence continuing in the same course into and through 
the waters of Clarks cove to the existing boundary line of 
tide waters between the said town and said city as established 
by the board of harbor and land commissioners; and thence 
in said boundary line of tide waters northwardly to its 
intersection with the easterly end of the boundary line first 
above described. 

Section 2. Said land so set off shall constitute a part Territory set 
of the sixth ward of said city and the inhabitants thereof part^of^vfard 
shall be treated as inhabitants of said ward unless and Bed^/ord!^ 
until a new division of the wards of said city is made. 



218 



Acts, 1911. — CuAr. 257. 



Payment of 
arrearages 
of taxes, etc. 



Support of 
paupers, etc. 



Section 3. The inhabitants and the estates within the 
territory hereby annexed to the city of New Bedford and 
the owners of said estates shall pa}' to the town of Dartmouth 
all arrearages of taxes which have been and shall be legally 
assessed upon them before this act takes effect, and shall 
pay also until the next state valuation such proportion of 
the state and county taxes as it may be legally incumbent 
upon them to pay, and said taxes may be collected in the 
same manner as if the territory herebj' annexed to said city 
still remained a part of the town of Dartmouth. 

Section 4. The city of New Bedford shall be liable for 
the support of all persons who now stand or hereafter shall 
stand in need of relief as paupers whose settlement has been 
gained whether by original acquisition or derivation or in 
any other manner within the territory hereby annexed to 
the city of New Bedford. 

Section 5. This act shall take effect upon its passage. 

Approved April 6, 1911. 



New Kngland 
Boy Scouts, 
Incorporated. 



Chap.257 An Act to incorporate the new^ England boy scouts, 

incorporated. 

Be it enacted, etc., as folloivs: 

Section 1. Everett F. McLean, Edwin R. Short, George 
S. Barton, Charles H. Thompson, Junior, Charles Urling, 
Ernest W. Gay and J. Van Neice Bandy, their associates and 
successors, are hereby made a corporation by the name of 
the New England Boy Scouts, Incorporated, to be located 
in the city of Boston, for the purpose of the mental, moral 
and physical training of boys, inculcation of obedience and 
loyalty to parents, superiors and em])l()yers, the protection 
of girls and women, and fealty to country and flag; with 
power to create branches throughout the United States to 
carry out the said purposes. The corporation shall be sub- 
ject to the provisi(Mis of all general laws now or hereafter 
in force ai)i)rK'able to cor{)orations organized for similar 
pin'])<)sos, so far as such laws are not inconsistent iierewith. 

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

Approved April 0, 1911. 



Acts, 1911. — CnArs. 258, 259, 260. . 219 



An Act relative to call men in the fire department Chap.2^8 
OF the city of fall river. 

Be it enacted, etc., as foUoivs: 

Section 1. Call men in the fire department of the city Caiimenin 
of Fall River may be promoted and become permanent department 
members of the department without civil service examina- j^emianem'''' 
tion, provided that they shall pass such physical examination members, etc. 
as may be prescribed by the board of fire commissioners 
of the said city. But this act shall apply only to call men 
now in the said department, and it shall become void five 
years after its passage. 

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

Approved April 10, 1911. 

An Act to establish the salary of the court officer (JJiQfp 259 
in attendance at the municipal court of the west 
roxbury district of the city of boston. 

Be it enacted, etc., as follows: 

Section 1. The court officer in attendance at the munici- ^^''"^f^^^ 
pal court of the West Roxbury district of the city of Boston of municipal 
shall receive an annual salary of thirteen hundred dollars, Roxburv 
to be paid from the treasury of the county of Suffolk in established. 
monthly instalments, in full for all services performed by 
him, and to be so allowed from the first day of January 
in the current year. 

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

Aj) proved April 10, 1911. 

An Act to authorize the county of franklin to pay Chcm.'2i(S0 

an annuity to the WIDOW OF EMMETT F. HASKINS. 

Be it enacted, etc., as follows: 

The county of Franklin is hereby authorized to pay an Matilda c. 
annuity of three hundred dollars, beginning with the first ^'*^'""^- 
day of January, nineteen hundred and eleven, to Matilda 
C. Haskins of Charlemont, on account of the death of her 
husband, Emmett F. Haskins of Charlemont, who was 
killed while in the discharge of his duty as a deputy sheriff 
for the said county in the service of a warrant for the arrest 
of a person charged with a capital crime. The said annuity 



220 



Acts, 1911. — Chaps. 261, 262. 



shall continue for the term of ten years but shall cease in 
case the said Matilda C. Haskins shall remarry before the 
expiration of that time. Approved April 10, 1911. 

Chap.261 An Act to authorize certain churches to admit finan- 
cial SUPPORTERS TO ASSOCIATE MEMBERSHIP UNDER CER- 
TAIN RESTRICTIONS. 



R. L. 36, § 52, 
amended. 



Membership, 
etc., of 
church. 



Be it enacted, etc., as follows: 

Section 1. Section fifty-two of chapter thirty-six of the 
Revised Laws is hereby amended by adding at the end 
thereof the words: — but any such corporation may, upon 
such conditions as it may from time to time prescribe, admit 
any regular financial supporters of the church to associate 
membership, with a vote upon financial questions only: 
provided, however, that no action of a meeting in which asso- 
ciate members shall have taken part, looking to the reduc- 
tion of a minister's salary or the alienation of church 
property, shall be valid until the same has been ratified 
by a meeting of church members only, or until sixty days 
shall have elapsed without a written request of ten church 
members for such a meeting, — so as to read as follows: — 
Section 52. None but members of such church shall be 
members of such corporation, and only resident members 
of full age shall vote; but any such corporation may, upon 
such conditions as it may from time to time prescribe, admit 
any regular financial supporters of the church to associate 
membership, with a vote upon financial questions only: 
provided, however, that no action of a meeting in which asso- 
ciate members shall have taken part, looking to the reduc- 
tion of a minister's salary or the alienation of church j)rop- 
erty, shall be valid until the same has been ratified by a 
meeting of church members only, or until sixty days shall 
have elapsed without a written rec|uest of ten church mem- 
bers for such a meeting. 

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

Approved April 10, 1911. 

Cliaj).2Qi>2i An Act reiative to the construction, alteration, re- 
pair, maintenance and use of buildings in the city 
of springfield. 

Be it enacted, etc., a.v follows: 

1910, r?49, Section four of chantiM- three hnndnvl and fortv-nine of 

the acts of the year nineteen luindred and ten is hereby 



Proviso. 



Acts, 1911. — Chap. 263. 221 

amended by striking out the words "and wiring", in the 
second Hne, and by adding at the end thereof the follow- 
ing: — and the inspection and supervision of wiring and gas 
piping within any building or structure or relating thereto 
may also by ordinance be placed under the supervision and 
control of said department, — so as to read as follows : — 
Section 4' The said city may provide by ordinance that the inspection, 
inspection and supervision of plumbing shall be under the plumbing in 
supervision and control of the building department; and springfieid. 
the inspection and supervision of wiring and gas piping 
within any building or structure or relating thereto may 
also by ordinance be placed under the supervision and con- 
trol of said department. Approved April 10, 1911. 

An Act relative to the specifications to be furnished (jj^i^j 263 

TO WEAVERS IN COTTON FACTORIES. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and sixteen of chapter 1909,514, 
five hundred and fourteen of the acts of the year nineteen amended. 
hundred and nine is hereby amended by inserting after the 
word "inch", in the ninth line, the words: — width of loom, 
width of cloth woven in the loom, — so as to read as fol- 
lows: — Section 116. The occupier or manager of every Specifications 

, , .1 n . Ill,' 1 1 and rates of 

textile factory shall post in every room where any employees compensation 
work by the job, in legible writing or printing, and in suffi- Intex^e*^*^ 
cient numbers to be easily accessible to such employees, factories. 
specifications of the character of each kind of work to be 
done by them, and the rate of compensation. Such speci- 
fications in the case of weaving rooms shall state the intended 
and maximum length of a cut or piece, the count per inch 
of reed, and the number of picks per inch, width of loom, 
width of cloth woven in the loom, and the price per cut or 
piece, or per pound; or, if payment is made per pick or 
per yard, the price per pick or per yard; and each warp 
shall bear a designating ticket or mark of identification. 
In roving or spinning rooms, the number of roving or yarn 
and the price per hank for each size of machine shall be 
stated; and each machine shall bear a ticket stating the 
number of the roving or yarn made upon it. The maxi- 
mum length of a cut or piece shall not exceed three per 
cent of its intended length; but if it appears that a varia- 
tion in excess of the amount hereinbefore set forth has 
been caused in whole or in part by any weaver in the employ 



222 



Acts, 1911. — Chaps. 264, 265. 



of any person charged with the violation of this act, this 
sliall be deemed a sufficient defence to a prosecution. 

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

Approved April 10, J OIL 



R. L. 75, 
§ 63, etc., 
amended. 



C7/a/j.264 An Act to provide for the licensing and regulation 

OF lying-in hospitals in cities and towns. 

Be it enacted, etc., as follows: 

Section sixty-two of chapter seventy-five of the Revised 
Laws, as amended by chapter five hundred and sixty-nine 
of the acts of the j^ear nineteen hundred and ten, is hereby 
further amended by inserting after the word "person", in 
the second line, the words: — body or association of per- 
sons, incorporated or unincorporated, whether for a chari- 
tal)le purpose or otherwise, — so as to read as follows: — 
Section 62. The state board of charity may issue a license, 
subject to revocation by it, to a person, body or association 
of persons, incorporated or unincorporated, whether for a 
charitable purpose or otherwise, whom it deems suitable 
and responsible to establish or keep for two years within 
a city or town of this commonwealth, a l^ing-in hospital, 
hospital ward or other place for the reception, care and treat- 
ment of women in labor, if the local board of health shall 
first certify to the state board of charity that, from its 
inspection and examination of such hospital, hospital ward 
or other place aforesaid, the same is suitable for the said 
purpose. Approved April 10, 1911. 



Licensing, 
etc., of 
lying-in hos- 
pitals. 



Chap.2ij5 An Act to ppvOiiibit the use of solitary confinement 

ROOMS OR cells IN JUVENILE REFORMATORY SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for the officers of any 
juvenile reformatory school to place an inmate in any cell, 
room or cage in solitary confinement. AYhenever restraint 
or separation from the other inmates is necessary, confine- 
ment shall be i)ennitted only in a place where the inmate 
is under tiie constant super\ision of an officer of the school. 

Section 2. This act shall take efl'ect ujK)n its passage. 

Approved April 10, 1911. 



Solitary con- 
fincnient in 
juvenile 
I'efonnatory 
schools pro- 
liibitcd. 



Acts, 1911. — Chap. 2(36. 223 



An Act relative to the manufacture and sale of tur- (JJki^j 266 

PENTINE. 

Be it enacted, etc., as follows: 

Section 1. No person, firm or corporation shall mann- Manufacture 

n . • p 1 IV I' 1 1 • and sale of 

lactiu'e, mix lor sale, oner or expose tor sale, or have in turpentine 
])ossession with intent to sell, or sell under the name of ""^suiated. 
turpentine, or spirits of turpentine, or under any name or 
phrase of which the word turpentine forms a part, or under 
any name or device illustrating or suggesting turpentine, 
or spirits of turpentine, any article which is not wholly dis- 
tilled from rosin, turpentine gum, or scrapings from pine 
trees, unmixed and unadulterated with oil, benzine, or any 
other substance of any kind whatsoever, unless the package 
containing the same shall be stencilled or marked with 
letters not less than two inches high and one inch in width, 
"Adulterated Spirits of Turpentine", except that these let- 
ters upon packages of one gallon capacity, or less, may 
be reduced to one fourth of the said size. Nor shall any 
person, firm or corporation sell or deliver such adulterated 
spirits of turpentine without informing the purchaser at 
the time of sale that the article is not pure spirits of tiu- 
pentine. Nothing herein contained shall be construed as 
prohibiting the manufacture or sale of any such compound 
or imitation, provided that the container shall be plainly 
marked and the purchaser notified as aforesaid. 

Section 2. The district police and all local police Enforcement 
authorities in the commonwealth are hereby charged with ° ^'^'' 
the enforcement of this act. 

Section 3. The provisions of chapter four hundred and vfs^o^i"^'/''' 
ninety-five of the acts of the year nineteen hundred and '^w to apply. 
ten shall apply to the provisions of this act. 

Section 4. Any person, firm or corporation who violates Penalties, 
any of the provisions of this act shall be liable to a penalty 
of one hundred dollars for the first oftence, and a penalty of 
two hundred dollars for the second offence, and a penalty 
of five hundred dollars and imprisonment for a period not 
exceeding thirty days or both, at the discretion of the court, 
for the third oft'ence. 

Section 5. All acts and parts of acts inconsistent here- Repeal, 
with are hereby repealed as regards turpentine. 

Section 6. This act shall take effect upon its passage. 

Approved April 10, 1911. 



224 



Acts, 1911. — Chap. 267. 



Certain 
wire.s, etc., in 
tiio city of 
Beverly to 
he removed 
or placed 
under ground. 



Chap.^lOn An Act relative to wires and electric appliances in 

THE CITY OF BEVERLY. 

Be it enacted, etc., as follows: 

Section 1. The mayor of the city of Beverly may 
appoint an officer or officers, hereinafter called "the com- 
mission", who shall have exclusive authority to cause to 
be removed from the public waj's or places of the city within 
the district hereinafter prescribed all wires, cables, and con- 
ductors in or above said ways or places, and all poles and 
other structures in the same used for the support of such 
wires, cables, and conductors, except such wires, cables, 
conductors, poles and structures as are hereinafter excepted, 
and to cause all wires, cables, and conductors within said 
district to be placed and operated underground in accord- 
ance with the provisions of this act. It shall be the duty 
of such commission, and it shall have exclusive authority, 
to grant all necessary permits for such wires, cables and con- 
ductors which are to be placed and operated underground 
as aforesaid; and it shall be the duty of the superintendent 
of highways and sewers, and he shall have exclusive authority, 
to issue proper permits for the opening and occupying of 
such ways or places as may be necessary' to carry out the 
intent of this act, upon the application of the commission, 
or of any person or corporation interested. 

Section 2. Said commission shall in each January after 
the passage of this act, until the work herein I)ro^•ided for 
is completed, prescribe and give public notice thereof in at 
least one daily newspaper in said city by advertisement 
therein twice a week for two successive weeks, a portion 
of the following public ways and places in said city, to wit: 
— Cabot street from the Salem-Beverlv bridge to Herrick 
street, Rantoul street from Cabot street to Cabot street. 
Railroad avenue from Cabot street to Park street, Broad- 
way from Cabot street to Park street, Bow street from 
Cabot street to Rantoul street, Federal street from Cabot 
street to Rantoul street, Elliott street from Cabot street to 
Rantoul street, Stone street from Cabot street to Lothrop 
street, Bartlett street from Cabot street to Stone street, 
Washington street from Cabot street to Lothrop street, 
Tliorndike street from Cabot street to Lothrop street, Abbott 
street from Cabot street to Lotlu-o]! street, Monmnent square, 
Hale street from Cabot street to East Corning street, Essex 



To apply to 
certain 
streets, etc. 



Acts, 1911. — Chap. 2G7. 225 

street from Cabot street to Peabody avenue, Knowlton street 
from Cabot street to Dane street, Dane street from Cabot 
street to Lothrop street, Ober street from Hale street to the 
shore, Neptune street from Ober street to Corning street, 
Pleasant street from Cabot street to River street. Pond 
street from Cabot street to Rantoul street. Central street 
from Cabot street to Lothrop street, Atlantic avenue from 
Hale street to Lothrop street, Lothrop street from Stone 
street to Hale street, Lovett street from Bartlett street to 
Ocean street. West Dane street from Rantoul street to Cabot 
street, Judson street. Highland avenue entire, Roundy 
street from Cabot street to Rantoul street, Winter street, 
— within which portion all wires, cables and conductors, 
except such as are hereinafter excepted, shall, during that 
calendar year be removed or placed underground, but the 
total extent of such portion so prescribed shall not comprise 
in the first year, beginning in January following the pas- 
sage of this act, more than one mile of public ways and 
places, nor in each calendar year thereafter more than two 
miles, according to linear surface measurement; and said 
commission shall cause the owners or users of such wires, 
cables or conductors to remove or place them underground, 
and also to remove any poles or structures used to support 
such wires, cables or conductors in the public ways and 
places, or portions thereof, in any such prescribed portion 
of such section, except when in the judgment of said com- 
mission it is impracticable or inexpedient to remove any 
such wires, cables, conductors, poles or structures: provided, Proviso. 
however, that no one person or corporation shall be required 
to expend more than thirty-five thousand dollars during the 
year nineteen hundred and twelve or more than twenty-five 
thousand dollars in any one of the years nineteen hundred 
and thirteen to nineteen hundred and twenty, inclusive, 
under the provisions of this section or any other pro- 
visions of this act; it being, nevertheless, the purpose of 
this act to cause the removal from the above named public 
ways and places of said city prior to the first day of Janu- 
ary, nineteen hundred and twenty-two, of all such wires, 
cables, conductors, and all poles or structures used for the 
support of such wires, cables and conductors, not herein 
expressly excepted, so far as in the judgment of said com- 
mission the same is practicable and expedient; and every 
owner or user of such wires, cables and conductors, poles 
or structures shall, prior to said first day of January, nine- 



22G 



Acts, 1911. — Chap. 267. 



No person, 
corporation, 
etc., to place 
any poles, 
etc., in the 
said streets 
except tem- 
porarily, etc. 



Pulilic 
notice to be 
given, etc. 



teen hinulred and twenty-two, remove or place the same 
underground in accordance with the provisions of this act; 
and it shall be the duty of the commission to enforce com- 
pliance with the provisions of this section. The estimates, 
contracts and expenditures, of the persons or corporations 
affected by this act, relative to the doing of the work herein 
provided for, shall, at all reasonable times, be open to the 
examination and inspection of the commission. 

Section 3. After such portion of said i)ublic ways and 
places shall have been ])rescribed as aforesaid, no person, 
firm or cori)oration shall place any poles or other structures 
for the support of wires, cables or conductors, except those 
herein expressly excepted, in any way or place, or portion 
thereof, thus prescribed, except temporarily, and with the 
consent of the commission; and if after the expiration of 
that calendar year there shall remain in such ways or places, 
or portions thereof, any j)oles or structures, wires, cables or 
conductors which under the provisions of this act should 
have been removed or placed underground, the said com- 
mission shall cause the same to be removed forthwith, and 
the said city may collect the expenses of such removal from 
the owners or users by an action at law, provided that there 
was no unreasonable delay in the issuance of the necessary 
permits by the })roper authorities. 

Section 4. Whenever it shall be determined by the 
municipal authority authorized to lay out, pave or repave, 
any of the ways or places named in section two, or portions 
thereof, during the })eri()(l in which the purposes of this act 
are being carried out, })ublic notice thereof shall be given 
by said commission in the manner pro^'ided in section two 
of this act, before the beginning of said work, and any per- 
son or corporation duly authorized by law at the time to 
lay or erect or maintain wires in said ways and j^laces, shall, 
if so ordered by said connnission, ])lace liis or its i)ii)es, 
conduits, wires, cables and conductors luiderground through 
said ways or {)laces, or portions thereof, and remo\e any 
poles or structures used therein to support said w ires, cables 
or conductors within such time as shall be specified in said 
notice; and thereafter no person, firm or coqioration shall 
place any wires, ])()les or other structures in or above, or, 
without the express permission of the mayor and aldermen 
of said city, lay any pipes, conduits, wires, cables or con- 
ductors through said ways or public jilaces, or portions 
thereof, except as especially exceptetl by this act: but this 



Acts, 1911. — Chap. 267. 227 

provision shall not be construed to prevent any such per- 
son, firm or corporation from thereafter, upon receiving a 
permit in accordance with the ordinances of said city, mak- 
ing necessary repairs or service connections with conduits, 
pipes, wires, cables or conductors in such ways or places, 
or drawing wdres or cables into the conduits constructed 
therein. 

Section 5. Upon application of any person, firm or cor- Permission 
poration duly authorized by law to lay, erect or maintain, removal of 
and maintaining w'ires in the ways of said city, the commis- ^avbe'^''^ ' 
sion may grant permission, after due hearing, for the removal granted in 

„ *' ° , . , , , , certain cases, 

of any sucli wires, cables, conductors, poles or structures etc. 
within any of the ways or places named in section two and 
not prescribed in any year, or within ways or places of said 
city outside those so specified in section tv.o, and for the plac- 
ing of the same and any other necessary w^ires, cables and 
conductors, and any extensions thereof underground as herein 
provided; and it shall be the duty of the superintendent of 
highways and sewers, after the granting of said permission, 
to issue all permits for opening and occupying the ways of 
said city which may be necessary to carry out the intent of 
the foregoing provision, upon the application of said com- 
mission or of any person or corporation interested. Said 
commission may also, after public notice and hearing as 
required by law, grant locations for such additional poles 
and wires for local distribution from underground wires, 
cables or conductors as may become reasonably necessary 
by reason of work done under the provisions of this act, 
specifying where such poles may be located and the kind 
of poles to be used. 

Section 6. When any person, firm or corporation oper- Maps to be 
ating or intending to operate wires, cables or conductors in fain cases! 
said section of said city shall desire, or be required, to place 
the same underground in any of the streets, avenues or 
highways of said section, and for that purpose to remove 
the same from above the surface thereof, and shall have been 
duly authorized so to do, it shall be obligatory upon such 
person, firm or corporation to file with said commission a 
map or maps made to scale, showing the streets, avenues 
or other highways which are desired or required to be used 
for such purpose, and giving the location, dimensions and 
courses of the underground conduit or conductor which is 
to be constructed; and said map or maps so filed shall be 
approved in writing by the city engineer, before a permit 



228 



Acts, 1911. — Chap. 267. 



Commission 
may abate 
or remove 
danger which 
may result 
from failure 
to act by 
iiuthorities, 
etc. 



Statement to be 
filed with the 
commission. 



Not to apply 
to certain 
wires, etc. 



Ordinances. 



Boiird of 
app.al. 



shall be issued by the proper authorities to open such streets, 
avenues or highways for the purposes of this section. 

Section 7. Said commission, in case of the neglect or 
refusal of any person, firm or corporation to comply with 
any requirements made by said commission under author- 
ity of this act, may proceed in a summary manner to abate 
or remove any danger which it deems likely to result from 
the failure to comply with the said requirements. The com- 
mission shall also have power in its discretion, either gener- 
ally or in particular cases, to extend the time prescribed for 
carrying out any of the work prescribed by this act, but 
the time for the completion of the work shall not be extended 
beyond January first, nineteen hundred and twenty-two, 
without the approval of the mayor and board of aldermen. 

Section 8.. All persons, firms or corporations owning or 
operating electrical wires, cables or conductors in said city 
shall on or before September first in the year nineteen hun- 
dred and eleven, file with the said commission a statement 
of the number and general location of all their electrical 
conduits, wires, cables and conductors, poles and structures 
within the streets, ways, and public places named in section 
two of this act. 

Section 9. This act shall not apply to railway trolley, 
guard or span wires, or poles or structures used exclusively 
for the support thereof, or to posts for the support of lamps 
exclusively, or to poles used exclusively for local distribu- 
tion from underground wires, cables or conductors, or to 
long distance telephone wires; nor shall it revoke any rights 
already gi anted to any person, firm or corporation to place 
or maintain any conduits, pipes, wires or cables or con- 
ductors underground, but all such conduits, pipes, wires, 
cables or conductors laid hereafter in pursuance of any 
such grant shall be laid subject to the provisions of this 
act not inconsistent with the terms of said grant. For the 
purposes of this act no wire shall l)e deemed a long distance 
telephone wire which does not extend twenty-five miles at 
least in a direct line from the central telephone office of said 
city. 

Section 10. The city council of said city may make 
such ordinances not inconsistent with the pro\isions of this 
act as may be necessary or expeilient to carry into efl'ect 
the purpose of this act. 

Section 11. The mayor :uid aldermen of said city shall 
constitute a board of appeal, to wliitli petitions in writing 



Acts, 1911. — Chap. 268. 229 

may be presented by any person, firm or corporation ag- 
grieved by any act or decision of said commission done or 
made in pursuance of this act. Such petition shall set forth 
the specific grievance or grievances relied upon, and shall 
be filed with the citv clerk within ten davs after the act 
or decision alleged to cause the grievance, and said board, 
upon giving due public notice to all parties interested, shall 
give a hearing thereon, and may either approve or revoke 
or modify such act or decision. 

Section 12. The supreme judicial court, or any justice Enforcement 
thereof, and the superior court and any justice thereof, "^^p™^'*'""^- 
shall, on petition of said commission, have jurisdiction in 
equity to enforce the provisions of this act, or any order 
of the commission issued under authority hereof, and to 
compel compliance therewith. 

Section 13. This act shall take effect upon its passage. 

Aj) proved April 10, 1911. 

An Act relative to attendance upon the public schools. (7/^^^ 268 
Be it enacted, etc., as follows: 

Section 1. Section three of chapter forty-four of the r. l. 44, § 3, 
Revised Laws is hereby amended by inserting after the ^^^^ 
word "resides", in the third line, the words: — if he is with- 
out parent or guardian, — so as to read as follows: — 
Section 3. Every child shall have the right to attend the where 
public schools in the city or town in which his parent or attend^schoou 
guardian has a legal residence or in which the child himself 
actually resides, if he is without parent or guardian, subject 
to such reasonable regulations as to the numbers and quali- 
fications of pupils to be admitted to the respective schools 
and as to other school matters, as the school committee 
shall from time to time prescribe. No child shall be excluded 
from a public school of any city or town on account of race, 
color or religion. 

Section 2. Section four of said chapter forty-four, as R. l. 44, § 4, 
amended by chapter three hundred and seventy-five of the amended, 
acts of the year nineteen hundred and five, is hereby further 
amended by inserting after the word "child", in the second 
line, the words: — whose parent or guardian has a legal 
residence within the commonwealth, — and by inserting 
after the words "pay for said tuition", in the fifteenth line, 
the words: — A child whose parent or guardian has no 
legal residence in the commonwealth may be permitted, in 



230 



Acts, 1911. — Ciiap. 268. 



Attendance 
iit schools in 
jdaces other 
than resi- 
dence of 
parents or 
Kuardians 
regulated, 
etc. 



the discretion of the school committee in charge, to attend 
the schools of any city or town on payment as tuition of 
an amount not less than the average cost of education per 
pupil in the school which the said child attends, — so as 
to read as follows: — Section 4- If a child, whose parent 
or guardian has a legal residence within the commonwealth, 
resides in a city or town other than that of the legal resi- 
dence of his parent or guardian, and in the oj)inion of the 
school committee of the said city or town such residence 
is for the purpose of there attending school in preference 
to the place of the legal residence of his parent or guardian, 
the said city or town may recover from the parent or guardian 
for the tuition of said child, while there attending school, 
subject to appeal to the probate court, an amount equal 
to the average expense of such school for each pupil during 
the preceding year, for a period equal to the time during 
which the child so attends, unless the city or town in which 
the parent or guardian resides is required by section three 
of chapter forty-two to pay for said tuition. A child whose 
parent or guardian has no legal residence in the common- 
wealth may be permitted, in the discretion of the school 
committee in charge, to attend the schools of any city or 
town on payment as tuition of an amount not less than the 
average cost of education per pu])il in the school which the 
said child attends. For the tuition in the public schools in 
any city or town of a child between the ages of five and fif- 
teen years who shall be placed elsewhere than in his own 
home by the state board of charity, or by the trustees of 
the Lyman and industrial schools, or kept under the control 
of either of said boards in said city or town, the common- 
wealth shall pay to said city or town, and for such tuition 
of any such child so placed by the trustees for children of 
the city of Boston, or so kept luider the control of said 
trustees, the city of Boston from its a])proi)riation for school 
purposes, shall pay to said city or town, fifty cents for each 
week of five days, or major part thereof, of attendance of 
every such child iu the ])ubli(' schools. Ft>r the transporta- 
tion to and from a i)ublic school of any child whose tuition 
is payable by the commonwealth or by the city of Boston 
luider the ])rovisions of this section, the commonwealth or 
the city of Boston, as the case may be, shall i)ay to the 
city or town furnishing such transportation, for each week 
of five days or major part thereof, an amount e(|ual to the 
average amount for each child paid by said city or town 



Acts, 1911. — Chap. 269. 231 

per week for the transportation of children to and from 
school over the route by which such child is conveyed. 
Settlements of the accounts of the several cities and towns 
with the commonwealth and with the city of Boston shall 
be made annually on the first day of April, and the amounts 
found due shall be paid within three months thereafter. 
The money received by said cities and towns under the 
provisions of this section shall be applied to the support of 
schools. For the tuition in the public schools in any town 
of less than ten thousand inhabitants of any child between 
the ages of five and fifteen years not theretofore resident 
in such town, who is an inmate of an institution containing 
more than six inmates, said town may recover from said 
institution the extra school expense incurred, as may be 
determined jointly by the school committee of said town 
and the trustees or managers of said institution, or, in case 
of disagreement between said school committee and said 
trustees or managers, as may be decreed by the probate 
court; but no demand shall be made upon said trustees or 
managers without a vote of the town instructing the school 
committee to that effect. Approved April 10, 1911. 



An Act relative to the age and schooling certificates ^/ji^.^ 269 

of minors. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-eight of chapter five hundred i^g'^g^-g^g^' 
and fourteen of the acts of the year nineteen hundred and amended.' 
nine, as amended by section three of chapter two hundred 
and fifty-seven of the acts of the year nineteen hundred and 
ten, is hereby further amended by inserting after the word 
"employee", in the ninth line, the words: — The printed 
form of such age and schooling certificate shall be provided 
by the chief of the district police, — and by inserting after 
the word "language", in the twelfth line, the words: — 
as is required for admission to the fourth grade of the public 
schools of the city or town in which such minor lives, — 
so as to read as follows : — Section 58. An age and school- ^pp^^^^^ "^ 
ing certificate shall be approved only by the superintendent schooling 

»ii 1 ,i''ii'i'" 'i* eertifloutes. 

or schools or by a person authorized by nun m writmg, or, 
if there is no superintendent of schools, by a person authorized 
by the school committee; but no member of a school com- 
mittee or other person authorized as aforesaid shall approve 



232 Acts, 1911. — Chap. 270. 

such certificate for any minor then in or about to enter 
his own employment or the employment of a firm or cor- 
poration of which he is a member, officer or employee. The 
printed form of such age and schooling certificate shall be 
provided by the chief of the flistrict j)olice. No such cer- 
tificate 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, 
as is required for admission to the fourth grade of the public 
schools of the city or town in which such minor lives, 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 
examined by him and in his oj)inion is in sufficiently sound 
health and physically able to perform the work which the 
Proviso. minor intends to do: jjrovided, however, that the age and 

schooling certificate may be approved and issued without 
a physician's certificate if there shall be on file in connec- 
tion 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 certifi- 
cate 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 ad- 
minister the oath provided for therein, but no fee shall be 
charged therefor. 

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

Approved April 10, 1911. 



Chait.^lO An Act to provide for clerical assistance for the 

TREASURERS OF THE COUNTIES OF ESSEX AND MIDDLESEX. 

Be it eimcted, etc., as follows: 

cioriciii Section 1. The treasurers of the counties of Essex and 

ussis ance. ]\[i,l,llesex sliall cacli be allowed a sum not exceeding two 
thousand four hundred dollars annually, for such clerical 
assistance as may be approved by the county commission- 
ers of the county concerned. 
K.i.iai. Section 2. Chapter three hundred aiul twenty-two of 

the acts of the vear nineteen hundred and li\e, and so nmch 



Acts, 1911. — Ciiaps. 271, 272. 233 

of section three of chapter twenty-one of the Revised Laws 
as is inconsistent herewith, are hereby repealed. 

Section 3. This act shall take effect upon its passage. 

(The foregoing 2vas laid before the Governor on the fourth 
day of April, 1911, and after flee 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.) 



An Act to provide for establishincx a station for the CJiap.271 

PROPAGATION OF GAME BIRDS AND ANIMALS. 

Be it enacted, etc., as follows: 

Section 1. The commissioners on fisheries and game are Establish- 
hereby authorized to acquire land and buildings by gift, uonsfoAhe 
lease, purchase, or devise, for one or more stations for the P^g^ame*'"" 
propagation of game birds and animals, to erect necessary i^irds, etc. 
buildings, to purchase stock for breeding, and to take such 
other steps as they may deem expedient for the protection, 
propagation and distribution of the birds and animals reared 
at any such station. For this purpose they may expend a 
sum not exceeding ten thousand dollars, subject to the ap- 
proval of the governor and council. 

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

Approved April 11, 1911. 

An Act rel.\tive to the amount of taxes in the city Chap.272 

OF MEDFORD. 

Be it enacted, etc., as folloivs: 

Section 1. The taxes assessed on property in the city Taxes 
of Medford, exclusive of the state tax, county tax and sums ?^hrcfty o'° 
required by law to be raised on account of the city debt, 
shall not during the years nineteen hundred and eleven and 
nineteen hundred and twelve exceed on every one thousand 
of the assessors' valuation of the taxable property therein 
for the preceding 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 assessment, 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 Medford during the years 



Medford. 



234 Acts, 1911. — Chaps. 273, 274, 275. 

nineteen hundred and eleven and nineteen hundred and 
twelve. 
Section 2. This act shall take effect upon its passage. 

Approved April 12, 1911. 

CJiajJ.^lfi An Act relative to the order of commitment of an 

INSANE PERSON. 

Be it enacted, etc., as follows: 
Orderof ^^ ordcr of Commitment of a person to a hospital or 

commitment . ^ . i n i • i -p 

of an insane rcceptacie tor the insane, public or private, shall be void it 
^^ ' such person shall not be received at the hospital or receptacle 

to which he has been committed by such order of commit- 
ment within thirty days after the date thereof. 

Approved April 13, 1911. 

C7iap.274: An Act to provide for post mortem examinations of 

BODIES OF PERSONS ELECTROCUTED IN CONFORMITY WITH 
THE SENTENCE OF A COURT. 

Be it enacted, etc., as follows: 

fx-uninTuon Section 1. Thcrc shall be a post mortem examination 

of certain by a mcdical examiner for the county of Suffolk of the body 
of every person electrocuted in conformity with the sentence 
of a court. 
Repeal. SECTION 2. All acts and parts of acts inconsistent here- 

with are hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved April 13, 1911. 

Chaj).275 An Act relative to the authority of the courts to 

ALLOW AMENDMENTS CHANGING ACTIONS AT L.\W INTO 
SUITS IN EQUITY AND SUITS IN EQUITY INTO ACTIONS AT 
LAW. 

Be it enacted, etc., as follows: 

R. L. 173, Section fiftv-two of i-hapter one hundred and seventv- 

amended. thrcc of the Ucviscd Laws is hereby amended by striking 

out the word "shall", in the seventh line, and inserting in 

place thereof the word: — may, — .so as to read as follows: 

Amendments — Scctlou 62. The sujjremc judicial court or the superior 

'ai'lV.'.ns'ft court may, at any time before final judgment, and upon 

'"^- terms, allow amendments changing an action at law into a 

suit in equity, or a suit in equity into an action at law, if 



Acts, 1911. — Chaps. 276, 277. 235 

it is necessary to enable the plaintiff to sustain the action 
or suit for the cause for which it was intended to be brought. 
The court in which the amendment is allowed may retain 
jurisdiction of the cause as amended. 

Approved April 13, 1911. 

An Act to confirm the election of town officers of CJfCfp.276 

THE TOWN OF DUNSTABLE AT THE ANNUAL TOWN MEETING 
IN THE YEAR NINETEEN HUNDRED AND ELEVEN. 

Be it enacted, etc., as follows: 

Section 1. The election of town officers in the town of ^nljg'"^^'",'^ 
Dunstable at the annual town meeting on March sixth in of Dunstable 
the current year shall be valid notwithstanding the fact 
that the certificates of nomination for town officers in the 
said town were not filed until three hours after the time 
fixed by law for filing the same. 

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

Approved April 13, 1911. 

An Act to provide for the retirement of members of (JJianJ^ll 

THE FIRE DEPARTMENT OF THE CITY OF FALL RIVER. 

Be it enacted, etc., as follows: 

Section 1. The board of fire commissioners of the city Retirement 
of Fall River, with the approval of the mayor, may retire otthrfi'rr^ 
from active service and place upon a pension roll any per- Jjf^,"g'"f^°*f 
manent member of the fire department of that city, who, Fail River. 
by injuries sustained through no fault of his own in the 
actual performance of his duty, has become permanently 
disabled, mentally or physically, for useful service in the de- 
partment, and may retire from active service and place upon 
a pension roll any permanent member of said department 
who has performed faithful service in the department for 
a period of not less than twenty consecutive years, or who 
has reached the age of sixty years, if in the judgment of said 
board such member is disabled for useful service in the 
department: provided, however, that no member of the de- proviso, 
partraent shall be retired for permanent total disability 
except upon a certificate of the city physician, which certifi- 
cate shall be filed with the records of the board. Every 
person retired under the provisions of this act shall annually 
receive as a pension a sum equal to one half of the annual 
compensation received by him at the time of his retirement, 



236 Acts, 1911. — Chaps. 278, 279, 280. 

such amount to be paid monthly by the city, which shall 
provide money therefor. 
Time of Section 2. This act shall take effect when accepted by 

taking effect. . -i p i • p -n ii t-»' 

the City council oi the city ot -ball Kiver. 

Approved April 13, 1911. 

CIiap.278 An Act reiative to the establishment of milk dis- 
tributing STATIONS in cities AND CERTAIN TOWNS. 

Be it enacted, etc., as follows: 

Miikdis- The boards of health of cities, and of towns having ten 

stations in thousaud or morc inhabitants are hereby authorized, when 
taiu^towns^*''^ they deem it advisable for the public health, to establish 
in such cities and towns stations for the distribution of milk, 
either free of charge in cases of necessity, or at such charge 
and under such conditions, rules and regulations as the board 
may establish; but this act shall not be construed to permit 
the said boards of health to engage in a general milk busi- 
ness. Approved April 13, 1911. 

CliapJ^l^ An Act to authorize the city of boston to pension 

CHARLES M. CHAPLIN AND CYRUS A. GEORGE. 

Be it enacted, etc., as follows: 

The city of SECTION 1. Charles M. Chaplin and Cyrus A, George, 

pension rer omployccs of tlic firc alarm division of the fire department 

of' the fire" of thc city of Bostoii, bciug iiica])acitated from performing 

department. f^^her work by loug and faithful >-ears of service, shall, 

upon the passage of this act, be eligible to be placed on 

the pension roll under the provisions of chapter one hundred 

and seven of the acts of the year eighteen hundred and eighty 

and acts in amendment thereof or in addition thereto, in 

the same manner and to the same extent as if they had been 

members of the fire deijartment. 

Section 2. This act shall take effect upon its ])assage. 

Approved April 13, 1911. 

Chap.2^0 An Act to incorporate the russellville cemetery 

ASSOCIATION IN THE TOWN OF IIADLEY. 

Be it enacted, etc., as follows: 

Knssciiviiie Section 1. Jaiues Comins, Charles L. Riisst^ll, IT. Clem- 

Associaiion (Mit Uusscll, AusIIm X. Ivusscll, Adin \\'. l''ield, Mary C. 

iiiforporuted. 



Acts, 1911. — Chap. 280. 237 

Conant, Cyrus M. Iluhhard, Frank D. Hubbard and George 
P. Smith, their associates and successors, are hereby made 
a corporation by the name of The Russellville Cemetery 
Association, for the purpose of managing, caring for, improv- 
ing and embeUishing the burial ground set apart and known 
as the Russelh'iHe cemetery, situated in the north part of 
the town of Hadley; and said corporation shall have all 
the powers and privileges and be subject to all the duties, 
restrictions and liabilities set forth in all laws now or here- 
after in force relating to such corporations. 

Section 2. Said corporation is hereby authorized to May obtain 
obtain possession or control of said cemetery, and it may certahl"^* 
purchase from time to time, or acquire by gift, bequest or cemetery. 
devise, and hold, so much real estate and personal property 
as may be necessary or appropriate for the maintenance, 
preservation, care, improvement and enlargement of said 
cemetery: yrovided, that nothing herein contained shall affect Proviso, 
the individual rights of proprietors, or any rights which the 
town of Hadle}^ may have in the said burial ground. 

Section 3. Said corporation is authorized to take and J|^,o^p^j°t\? 
hold any grant, gift or bequest of property, in trust, and to jjnder grants, 
take possession of the funds now held by the unincorporated 
association known as the Russellville Cemetery Association, 
and to use the same, or the income thereof, for the care, 
maintenance, protection, improvement or enlargement of 
its cemetery, or any lot, monument, fence or structure 
therein, or for planting and cultivating trees, shrubs or 
plants, or otherwise improving the premises in a manner 
consistent w^ith the objects of the corporation, and with the 
terms of any grant, gift or bequest by which the property 
may be acquired. 

Section 4. All persons now or hereafter owning lots or Membership. 
any interest in a lot in the said cemetery, and all persons w^ho 
are now life members of the said unincorporated associa- 
tion may become members of the corporation by making 
application to the secretary; and such other persons as are 
specified by the by-laws may become members of the cor- 
poration upon such terms as the by-laws of the corporation 
may provide. When any person shall cease to be a proprie- 
tor, or, not being a proprietor, shall cease to comply with 
the terms of the by-laws, he shall cease to be a member 
of the corporation. 

Section 5. Said corporation may by its by-laws provide By-iaws. 
for such officers as are necessary, and may define their powers 



238 



Acts, 1911. — Chaps. 281, 282. 



and duties, and may also provide for the care and mainte- 
nance of the cemetery, for the sale of lots therein, and for 
the care of any funds which the corporation may hold, and 
for any other matter incident to the purposes of the corpora- 
tion. 

Section 6. This act shall take effect upon its passage. 

Approved April 13, 1911. 



Use of suc- 
tion shuttles 
prohibited. 



Chap.2Sl An Act to prohibit the use of suction shuttles in 

FACTORIES. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any proprietor of a 
factory or any officer or agent or other person to require 
or permit the use of suction shuttles, or any form of shuttle 
in the use of which any part of the shuttle or any thread is 
put in the mouth or touched by the lips of the operator. 
It shall be the duty of the state board of health to enforce 
the provisions of this act. 

Section 2. Violations of this act shall be punished by 
a fine of not less than fifty dollars for each offence. 

Section 3. This act shall take effect on the first INIonday 
of May in the year nineteen hundred and twelve; but if 
the proprietor or manager of a factory shall, in good faith, 
show to the state board of health suflficient reasons for its 
inability to comply with the provisions hereof at the time 
when this act is to take effect, the said board may, in its 
discretion, grant a reasonable extension of time within which 
the said factory shall comply with the jirovisions hereof. 

Approved April 13, 1011. 



Penalty. 



Time of 
taking effect. 



Chap.2S2 An Act relative to the inspection of jails, houses of 

CORRECTION, PRISONS AND REF-ORMATORIES. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and five of the acts 
of the vear nineteen hundred ;ind ten is herebv amended by 
striking out section one and inserting in place thereof the 
following: — Section 1. The state inspectors of health, in 
addition to the duties provided for by chapter five hundred 
and thirty-seven of the acts of the year nineteen hundred 
and seven, shall annually make such examination of i)olice 
station houses, lockups, houses of detention, and except in 



1910, 405, 
§ 1, amended 



I'^xamination 
of police sta- 
tions, etc. 



Acts, 1911. — Chap. 283. 239 

the county of Suffolk, jails, houses of correction, prisons and 
reformatories as in the opinion of the state board of health 
may l)e necessary to ascertain the sanitary condition of the 
said buildings. 

Section 2. Said chapter four hundred and five is hereby loio, 405, 
further amended by striking out section two and msertnig 
in place thereof the following: — Section 2. The state board lo^rToT 
of health shall make rules for police station houses, lockups, jjfjj'ilgVuies 
houses of detention, jails, houses of correction, prisons and etc. 
reformatories, regarding the care and use of drinking cups 
and of dishes used for food, the care and use of bedding, and 
the ventilation of the buildings. Such rules may be general 
or may be applicable to a single building. A copy of such 
rules as are made applicable to station houses, houses 
of detention or lockups, shall be sent by the state board of 
health to the mayor of every city and to the selectmen of 
every town to which the rules apply ; and a copy of such rules 
as are made applicable to jails, houses of correction, prisons 
or reformatories, shall be sent l)y said board to the proper 
authorities. It shall be the dut\' of the mavors of cities and 
the selectmen of towns to which the rules relating to station 
houses, houses of detention or lockups so made apply, and 
the duty of those in charge of jails, houses of correction, 
prisons and reformatories, to which the rules so made apply, 
to see that the rules are enforced. 

Approved April 13, 1911. 



An Act relative to the unlicensed carrying of re- Chap.2S3 

VOLVERS OR PISTOLS IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Chapter two hundred and eleven of the Revised Laws is r. l. 211, 
hereby amended by adding thereto the following new sec- '*™*'° 
tion: — Section 13. Whoever, when arrested for commit- Penalty for 
ting a felony or upon a wan'ant for an alleged crime, and revoivT/sor 
whoever, when arrested while committing a crime or a out*a'ii^nse. 
breach or disturbance of the public peace, is armed with 
a revolver or pistol, having no license to carry the same, 
shall be punished by imprisonment for not less than one 
year and not more than ten years. 

Approved April 13, 1911. 



240 



Acts, 1911. — Ciiai>. 281:. 



Chap.284: An Act relative to appeals and removals to the 

SUPREME judicial COURT AND TO EXECUTION ON FINAL 
DECREES OF THE SUPREME AND SUPERIOR COURTS. 



R. L. 159, 

§ 19, 
amended. 



Appeals, 
etc., on final 
decrees. 



R. L. 159, 
§ 30, 
amended. 



Rcmov.-il of 
suit from su- 
perior court. 



Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter one hundred and 
fifty-nine of the Revised Laws is hereby amended by strik- 
ing out the word "thirty", in the third Hue, and inserting 
in place thereof the word : — twenty, — so as to read as 
follows: — Section 19. A party who is aggrieved by a final 
decree of a justice of the supreme judicial court or a final 
decree of the superior court may, within twenty days after 
the entry thereof, appeal therefrom. An appeal from a final 
decree of a justice of the supreme judicial court shall be 
entered on the docket of that court, and an appeal from 
a final decree of the superior court shall forthwith be entered 
in the supreme judicial court. The copies and papers in 
the cause shall be prepared by the clerk of the court and 
transmitted to the supreme judicial court and entered on 
the docket of the full court. When such appeals have been 
entered as aforesaid, all proceedings under such decree shall 
be stayed, and the cause shall thereupon be pending before 
the full court, which shall hear and determine the same, 
and affirm, reverse or modify the decree appealed from. 
Upon the reversal of a final decree, the court may remand 
the cause to a justice of the supreme judicial court or to 
the superior court, with such directions as are necessary 
and proper further to proceed therein, or the court may refer 
it to a master or take such other order relative to future 
proceedings therein as equity and the just and speedy deter- 
mination of the case require. 

Section 2. Section thirty of said chapter is hereby 
amended by striking out the word "thirty", in the second 
line, and inserting in place thereof the word : — ten, — so 
as to read as follows: — Section 30. If the defciulant in a 
suit in ecjiiity in the sui)erior court, or a person in his behalf, 
within ten da\s after the day for appearance, makes affi- 
<lavit of liis belief that the matter involved in the suit equals 
four thousand dollars in value, that his interest alone or with 
the interest of any other defendant having a joint or common 
interest with him equals said value and that he has a sub- 
stantial defence, and of his intention to bring the cause to 
a hearing, the case, with the papers therein shall, upon his 



Acts, 1911. — Chap. 285. 241 

request and at his expense, be forthwith removed to the 
supreme judicial court where it shall proceed as if originally 
commenced therein. Before such removal, the superior 
court may make such orders for the appointment of receivers, 
and of injunction or prohibition, or for continuing the same 
in force, as are necessary for the protection of the rights of 
the parties until the case shall be heard by the supreme 
judicial court; subject, however, to be modified or annulled 
by the order of that court upon motion after the case has 
been removed. 

Section 3. Section thirtj^-four of said chapter is hereby r. l. 159, 
amended by striking out the word "thirty", in the second fm^ded. 
line, and inserting in place thereof the word : — tw^enty, — 
and by adding at the end of said section the words: — 
yrovided, however, that if the justice by whom or by whose 
order the final decree was made is of opinion that the appeal 
from such decree is groundless and intended merely for 
delay, process for the execution of the decree may be awarded 
notwithstanding the appeal, — so as to read as follow's: — 
Section 34. No process for the execution of a final decree Execution on 
of either court shall issue until the expiration of twenty fi'*^' '^«'"'^"'- 
days after the entry thereof, unless all parties against whom 
such decree is made waive an appeal by a writing filed with 
the clerk or by causing an entry thereof to be made on the 
docket: provided, hoivevcr, that if the justice by whom or Proviso. 
by whose order the final decree was made is of opinion that 
the appeal from such decree is groundless and intended 
merely for delay, process for the execution of the decree 
may be awarded notwithstanding the appeal. 

Section 4. This act shall take effect on the first day of iTinf.ff.n 
January, nmeteen hundred and twelve. 

(The foregoing was laid before the Governor on the sixth day 
of April, 1911, and after five days it had "the force of a law", 
as prescribed by the Constitution, as it was not returned by 
him with his objections thereto within that time.) 

An Act to authorize the stocking of great ponds with Chap.285 

FOOD fish. 

Be it enacted, etc., as follows: 

Section 1. The board of commissioners on fisheries and stocking of 

1 • • p 1 p great ponds 

game, upon the petition oi the mayor and aldermen of a with food 
city or of the selectmen of a town wdthin which a great pond 
or a part thereof is situated, shall cause the pond to be stocked 



242 



Acts, 1911. — CiiAr. 28G. 



Proviso. 



Regulations 
relative to 
fishing, etc. 



with siR'li food fish as the board judges to be best suited to 
the waters thereof: provided, that a public hearing upon the 
matter has previously been given within such city or town 
by the mayor and aldermen, or by the selectmen, notice of 
which, at least ten days before the day of the hearing, has 
been posted in three or more public places and published 
in a newsi)aper in such city or town, if there be any, and if 
not, then in a newspaper published in the count}' in whicli 
the pond is situated. In a town such a hearing need not be 
given, if the town at an annual or a special meeting has in- 
structed the selectmen to file such a petition. When a great 
pond is not situated wholly within a city or town, the board 
of commissioners on fisheries and game shall not proceed 
under the provisions of this act with respect to that pond, 
imless a majority of the cities and towns bordering upon 
that pond have filed j)etitions as aforesaid. The board shall 
thereupon prescribe, for a period not exceeding three years, 
such reasonable regulations relative to fishing in the pond 
and its tributaries, with such penalties not exceeding twenty 
dollars for one offence, as they deem to be for the public 
interest, and shall cause such regulations to be enforced ; })ut 
the provisions of this act shall not apply to ponds used 
as sources of public water supply. The commissioners may 
restock such ponds and may extend such reasonable regula- 
tions for periods not exceeding three years each whenever 
they receive a petition therefor as herein ])rovided. Five 
hundred dollars shall annually be appropriated by the com- 
monwealth to carry out the provisions of this section. 

Section 2. Section nineteen of chapter ninety-one of the 
Revised Laws, as amended by chapter two hundred and 
seventy-four of the acts of the year nineteen hundred and 
three, and by chapter three hundred and six of the acts of 
the year nineteen hundred and seven, is liereby repealed. 

Section 3. This act shall take eilect upon its passage. 

Approved April 13, 1911. 

C%ap.2SQ An Act to incorpoiute the baiinstable water company. 

Be it enacted, etc., as foUoivs: 

Section 1. Hervey A. Hanscom, Fred A. TToudlette and 
Henry A. Symonds, their associates and successors, are 
hereby made a corjioration by the name of the Barnstable 
Water Company, for the puri)ose of supplying the inhabit- 
ants of the town of Barnstable, or an\' part thereof, with 



Kepcal. 



P.ariistable 
Water 
('i)nii)aiiy 
incorporated. 



Acts, 1911. — Chap. 286. 243 

water for domestic, manufacturing and other purposes, in- 
cluding the extinguishment of firtvs; with all the powers and 
])rivileges and subject to all the duties, restrictions and liabili- 
ties set forth in all general laws now or hereafter in force 
applicable to such corporations. 

Section 2. Said corporation, for the purpose aforesaid, ^j'^;!;^!;'^® 
may lease, take or acquire by purchase or otherwise, and hold waters, etc. 
and convey the waters, or so much thereof as may be neces- 
sary, of any underground water from wells which may be 
constructed or sunk at any suitable point for such supply 
within the limits of said town, together with any water 
rights connected therewith, and also all lands, rights of way 
and easements necessary for holding and preserving such 
water and for conveying the same to any part of said t(^wn ; 
and may erect on the land thus taken or held proper dams, 
buildings, standpipes, fixtures and other structures, and may 
make excavations, procure and operate machinery, and pro- 
vide such other means and appliances, and may do such 
other things, as may be necessary for the establishment and 
maintenance of complete and effective water works: provided, ^''^^'^o. 
however, that no source of water supply for domestic purposes 
or lands necessary for preserving the quality of such water 
shall be acquired under this act without the consent of the 
state board of health, and that the location of all dams, 
reservoirs, wells or other works for collecting or storing water 
shall be subject to the approval of said board. No source of 
water supply shall be taken, or wells driven, between the 
following described lines: — a line extending north and south 
through a point one half mile easterly from the most easterly 
end of Shallow pond, across the town of Barnstable from 
Nantucket sound to Cape Cod bay; and a line extending 
north and south through a point one half mile westerly from 
the most westerly end of Wequaquet lake, across the town 
of Barnstable from Nantucket soimd to Cape Cod bay; 
being approximately a strip of land two and three quarter 
miles \vide and seven and one half miles long, including 
within its area Wequaquet lake. 

Section 3. Said company, for the purpose aforesaid, may May lay con- 
construct, lay and maintain aqueducts, conduits, pipes and etc. ^' ^'^^^' 
other works, imder or over an}^ land, water courses, canals, 
dams, railroads, railways and public or other ways, and along 
any highway or other way in the town of Barnstable, in 
such a manner as not necessarily to obstruct the same; and 
for the purpose of constructing, laying, maintaining and re- 



244 



Acts, 1011. — Chap. 286. 



Description 
of lands, etc., 
taken to be 
recorded. 



Damages. 



Distribution 
of water, etc. 



pairing such aqueducts, coiKhiits, pipes and other works, 
and for all purposes of this act, said company may dig up, 
raise and embank any such lands, highways or other ways 
in such manner as to cause the least hindrance to public 
travel; but all things done upon any public ways shall be 
subject to the direction and approval of the selectmen of 
said town. 

Section 4. Said corporation shall, within ninety days 
after voting to take any lands, rights of way, water rights, 
water sources or easements as aforesaid, file and cause to 
be recorded in the registry of deeds for the county of Barn- 
stable, a description thereof sufficiently accurate for iden- 
tification, with a statement of the purpose for which the 
same were taken, signed by the president of the corporation. 
The recording shall operate as a taking of the real estate and 
rights and easements therein described. 

Section 5. Said corporation shall pay all damages to 
property sustained by any person, firm or corporation by 
the taking of any land, right of way, water, water sources, 
water rights or easement, or by any other thing done by said 
corporation under the authority of this act. Any person, 
firm or corporation sustaining damages as aforesaid, who 
fails to agree with said corporation as to the amount thereof, 
may have the same assessed and determined in the maimer 
provided by law in the case of land taken for the laying out 
of highways, on application at any time within three years 
after the taking of such land or other property or the doing 
of any other injury under authority of this act; but no such 
application shall be made after the expiration of the said 
three years. No ap])lication for the assessment of damages 
shall be made for the taking of any water, water right or 
water source, or for any injury thereto, until the water is 
actually withdrawn or diverted under authority of this act. 
Said cor})oration may by vote, from time to time, determine 
what amount or quantity of water it proposes to take and 
aj)pr()priatc under this act; in which case any damages 
caused by such taking shall be based upon such amount 
or quantity, until the same shall be increasetl by vote or 
otherwise, and in such event said corporation shall be fur- 
ther liable only for the additional damages caused by such 
additional taking. 

Section (i. Said corj)oration may distribute water 
through the town of Barnstal)lc, or any part thcrt'of, may 
regulate the use of the same and may establish and fix from 



Acts, 1911. — Chap. 286. 245 

time to time the rates for the use of said water and collect 
the same; and may make such contracts with the said town 
or with any fire district now or hereafter established therein, 
or with any individual or corporation, to supply water for 
the extinguishment of fires or for other purposes, as may be 
agreed upon. 

Section 7. Said corporation may, for the purposes set ^jf^'j,^^*?/*! 
forth in this act, hold real estate not exceeding in value stock, 
forty thousand dollars, and the capital stock of said corpora- 
tion shall not exceed two hundred thousand dollars, to be 
divided into shares of one hundred dollars each. If it be 
necessary for the purposes of said corporation, an increase 
of capital stock may be authorized by the commissioner of 
corporations in the manner provided in sections thirty and 
thirty-one of chapter one hundred and nine of the Revised 
Laws, and in any amendment thereof now existing or here- 
after made. 

Section 8. Immediately after the payment of the capital ^g AiMi'wUh' 
stock of said company a certificate of that fact and of the the secretary 
manner in which the same has been paid in, and, at the monweaith. 
time of making the certificate, has been invested, signed and 
sworn to by the president, treasurer, and a majority at least 
of the directors, and approved by the commissioner of cor- 
porations, shall be filed in the office of the secretary of the 
commonwealth. A conveyance to the corporation of prop- 
erty, real or personal, at a fair valuation, shall be deemed a 
sufficient paying in of the capital stock to the extent of 
such value, if a statement is included in the certificate, made, 
signed and sworn to by its president, treasurer, and a ma- 
jority of its directors, giving a description of such property 
and the value at which it has been taken in payment, in such 
detail as the commissioner of corporations shall require or 
approve, and endorsed with his certificate that he is satisfied 
that said valuation is fair and reasonable. 

Section 9. Said corporation may issue bonds and may May issue 
secure the same by a mortgage of its franchise and other °" ^' ^ '^' 
property to an amount not exceeding its capital stock actu- 
ally paid in. The proceeds of all bonds so issued shall be 
expended only in the extension of the works of the company 
and in payment of expenditures actually made in the con- 
struction of the works, over and above the amount of the 
capital stock actually paid in. 

Section 10. Capital stock and bonds hereinbefore au- issue of 
thorized shall be issued only in such amounts as may from time et^"'* ^ °'' ' 



246 



Acts, 1911. — Chap. 286. 



Penalty for 
corruption of 
water, etc. 



Town may 
take fran- 
chise, prop- 
erty, etc. 



To assuino 
outstanding 
obligations, 
etc. 



Itemized 
statement of 
cost to be 
furnished, 
etc. 



to time, upon investigation by the commissioner of corpora- 
tions be deemed bj^ him to be reasonably requisite for the 
purpose for which such stocks or bonds are authorized. His 
decision approving such issue shall specify the respective 
amounts of stock and bonds authorized to be issued, and the 
purposes to which the proceeds thereof are to be applied. 
A certificate setting forth his decision shall be filed in the 
office of the secretary of the commonwealth before the cer- 
tificate of the stocks or bonds are issued, and the proceeds 
of such stock or bonds shall not be applied to any purpose 
not specified in such decision. 

Section 11. Whoever wilfully or wantonly corrupts, pol- 
lutes or diverts any water taken or held under this act, or 
injures any structure, work or other property owned, held 
or used by said corporation under authority of this act, 
shall forfeit and pay to said corporation three times the 
amount of damages assessed therefor, to be reco\'ered 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 exceed- 
ing three hundred dollars, or by imprisonment in jail for a 
term not exceeding one year. 

vSection 12. The town of Barnstable shall have the right, 
at any time during the continuance of the charter hereby 
granted, to acquire by purchase or by exercise of the right 
of eminent domain, the franchise, property and all the rights 
and privileges of said corporation, on payment to said cor- 
poration of the actual cost of its franchise, works and prop- 
erty of any kind held under the pro\isions of this act; and 
unless the dividends earned and declared by said company 
on its stock shall have been equal to or in excess of five per 
cent per annum, there shall })e added to the cost of the work 
such a sum as would make the net return to the stockholders 
five per cent per annum on the investment. The town, on 
taking as herein ])rovided the pr()|)erty of said corporation, 
shall assume all of its outstanding obligations incurred in the 
construction or improvement of the property, including bonds 
secured by mortgage issued under authority of this act, and 
the amount thus assumed shall be deducted from the total 
amount to be ])aid by said town to said corporation. Said 
corporation shall furnish to the town of Barnstable, under 
oath, an itemized statement of the actual cost of the water 
supply system authorized under this act, together with a 
copy of all contracts made in ])ro\'i(ling and constructing 
said water sui)ply system and any extension thereof, and shall 



Acts, 1911. — Chap. 286. 247 

furnish to said town annually in the month of January an 
itemized statement, under oath, of its receipts and expendi- 
tures, which statement shall be submitted by the selectmen 
to the citizens of the town at the annual town meeting. 
This authority to take the said franchise and property is 
granted on condition that the same is assented to by the said 
town by a two thirds vote of the voters present and voting 
thereon at a meeting legally called for that purpose; and the 
taking, if by exercise of the right of eminent domain, shall 
be by filing in the registry of deeds for the county of Barn- 
stable, the declaration of such taking, which shall include a 
certified copy of the article in the warrant under which the 
town acted, and of the vote of the town thereon showing that 
it was passed by a two thirds vote, as herein required. In 
case the town and the corporation shall be unable to agree 
upon the actual cost of said property, the supreme judicial 
court shall, upon application of either party and notice to 
the other, appoint three commissioners who shall determine 
the actual cost of said property, and whose award, when 
accepted by the court, shall be final. Interest at the rate 
of six per cent shall be included in said award from the date 
of the taking or purchase. 

Section 13. Said town may for the purpose of paying the Barnstable 
cost of said franchise and corporate property, and the neces- 
sary expenses and liabilities incurred under the provisions of 
this act, issue from time to time bonds, notes or scrip, to 
an amount not exceeding in the aggregate four hundred thou- 
sand dollars. Such bonds, notes or scrip shall bear on their 
face the words, Barnstable Water Loan; shall be payable at 
the expiration of periods not exceeding thirty years from the 
date of issue; shall bear interest, payable semi-annually, at 
a rate not exceeding five per cent per annum; and shall be 
signed by the treasurer of the town and countersigned by 
the water commissioners hereinafter provided for. Said town 
may sell such securities at public or private sale, or pledge 
the same for money borrowed for the purpose of this act, 
upon such terms and conditions as it may deem proper; 
but such securities shall not be sold for less than their par 
value. Said town shall pay the interest upon said loan as 
it accrues, and shall at the time of authorizing said loan 
provide for the payment thereof in such annual proportion- 
ate 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 



2i8 



Acts, 1911. — Ciiap. 286. 



Water com- 
missioners, 
election, etc. 



Filling of 
vacancy. 



Commisaion- 
era lo fix 
rates for tlio 
use of water, 
etc. 



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 inter- 
est 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, 
witliout further vote, be assessed by the assessors of said 
town in each year thereafter, in the same manner in which 
other taxes are assessed under the provisions of law, until 
the debt incurred by said loan is extinguished. 

Section 14. Said town shall, after purchavsing or taking 
the said franchise and corporate property, as provided in 
this act, at a legal meeting called for the purpose elect by 
ballot three persons to hold office, one until the expiration 
of three years, one until the expiration of two years, and 
one until the expiration of one year from the next succeed- 
ing town meeting, to constitute a board of water commis- 
sioners; 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 said 
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 for any 
cause may be filled for the remainder of the unexpired term 
by said town at any legal town meeting called for the pur- 
pose. Any such vacancy may be filled temporarily by a 
majority vote of the selectmen, and the person so appointed 
shall hold office until the town fills the vacancy in the manner 
provided herein. 

Section 15. Said commissioners shall fix just and equi- 
table rates for the use of water and shall prescribe a time and 
manner of payment. The income of the water works shall be 
applied to defraying all operating expenses, interest charges 
and ])ayments on the princijxil as they accrue ujion any 
bonds, notes or scrip issued under authority of this act. 
If there should be a net surplus remaining after providing 
for the aforesaid charges, it shall be used for such new con- 
struction as the water commissioners may determine upon, 
and in case a surplus should remain after ])ayiiient for such 
new construction, the water rates shall be reduced j)r()])or- 
tionately. No money shall be expended in new construe- 



Acts, 1911. — Chap. 287. 249 

tion by the water commissioners except from the net surplus 
aforesaid, unless the town appropriates or provides money 
therefor. Said commissioners shall annually, and as often 
as the town may require, render a report upon the condi- 
tion of the works under their charge, and an account of their 
doings, including an account of receipts and expenditures. 

Section 1G. Any fire district now existing or hereafter Rights of 
established within the town of Barnstable for the purpose herea'/ter" 
of supplying the inhabitants thereof with water for the ex- established. 
tinguishment of fires, for domestic, manufacturing and other 
purposes, shall have all the rights and privileges herein 
granted to, and be subject to all the obligations, duties and 
liabilities herein imposed upon, said town. 

Section 17. This act shall take effect upon its accept- J'"?*"*^^ , 
ance by said town at any meeting legally called for said pur- 
pose, but shall become void unless said water company shall 
have begun to distribute water through its pipes to consumers 
in said town within three j'ears after the date of its passage. 

Approved April 14, 1911. 

An Act relative to the number of police officers who (jj^n^^ qqt 

MAY BE DETAILED BY THE POLICE COMMISSIONER OF THE '" 

city of boston FOR SERVICE UNDER THE BOARD OF HEALTH 
OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter four hundred and l^^^''^^\ ^ 

ne e ^ pi -ii ii i-i ='• amended. 

iiity 01 the acts or the year eighteen hundred and eighty- 
nine is hereby amended by striking out the word "five", 
in the sixth and fourteenth lines, and inserting in place 
thereof the word : — ten, — by striking out the words " board 
of police", wherever they occur in said section, and insert- 
ing in place thereof the words : — police commissioner, — 
and by striking out the word "are", in the thirteenth line, 
and inserting in place thereof the word: — is, — so as to 
read as follows: — Section 7. The police commissioner for Police officers 
the city of Boston shall, upon requisition by the board of dl'taiied for 
health of said city, detail to the exclusive service and direc- thelt'atr*^*''' 
tion of said board of health, for enforcing the laws and ordi- {jg^Jj^*'^ 
nances relating to the preservation of health and to tenement 
and lodging houses, such number, not exceeding ten, of police 
officers satisfactory to the board of health as the board of 
health may desire, and the services of the police officers so 
detailed shall be paid for by said board of health; and said 



250 Acts, 1911. — Ciiaps. 288, 289. 

officers so detailed shall continue subject to the direction 
of said board of health until exchanged for others at the 
request of said last named board. Said police commis- 
sioner is hereby authorized and empowered to ajipoint patrol- 
men, in number not exceeding ten, to fill any vacancies in 
the police force in the city which may be causeil by the 
detailing of officers as provided in this act. 
Section 2. This act shall take ett'ect upon its passage. 

Approved April I4, 1-'>11. 

C//rt/).288 An Act to authorize the city of boston to pay a sum of 

MONEY TO THE WIDOW OF WILLIAM T. CHESWELL. 

Be it enacted, etc., as follows: 
The city of SECTION 1. The citv of Bostou is herebv authorized to 

Boston may • i i li ai-ii- i> 

pay a sum of pay a sum not exceeduig three thousand dollars to Alillie n. 
MHiVeB.' Cheswell, widow of William T. Cheswell late a chief of the 

chesweii. ^^^^ department of that city, who died from injuries received 

while in the performance of his duties. 

Section 2. This act shall take effect upon its accept- 
ance by the mayor and city council of the city of Boston. 

Approved April 14, 1'>11. 



Chap.2S9 An Act rel.\tive to prosecutions for selling adul- 
terated OR misbr.\nt)ed articles of food or drugs. 

Be it enacted, etc., as follows: 

Prosecutions Section 1. Xo dealer shall be prosecuted under the pro- 
tor selling „ . . . . , . e 1 

adulterated vislous of scctious sixtccu to twcuty-sLX, mclusivc, of chapter 

or uiisbranded , n r xl T> • 1 T ' i' j. 1 

articles of sevcnty-nvc 01 the Keviscd i^aws, or ot any act suppiemen- 
food, etc. ^.^j,,^. ^jj^,j.^,^^^ QP amentlatory thereof, for selling, exposing for 

sale, or having in his custody or possession with intent to 
sell, any article of food or any drug or medicine whieh has 
been ailulterated or misbranded contrary to the laws of this 
comnioinvealth, or which contains any substance, the use of 
whieh in food or in drugs is forbidden by the laws of this com- 
monwealth, if he can establish a guaranty signed by the manu- 
facturer, wholesaler, or jobber within this commonwealth 
from whom he purchased the saiil article, drug or medicine, 
to the ell'eet that the same is not adulterated or misbranded 
within the meaning of this act. designating the act. Such 
guaranty, to alVord proteetion, shall contain the name and 
atldress of the i)arty or parties making the Side of such 



Acts, 1911. — Chap. 290. 251 

articles to such dealer, and in that case such party or parties 
shall be subject to the prosecution, fine or other penalties 
which would attach in due course to the dealer under the 
provisions of the sections aforesaid. 

Section 2. So much of chapter seventy-five of the Re- Repeal, 
vised Laws as is inconsistent herewith is hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved April 14, 1011. 



An Act relative to the operation of the cars of street (J/k^j) 290 

RAILWAY companies ACROSS THE TRACKS OF RAILROAD 
CORPORATIONS. 

Be it enacted, etc., as follows: 

Section eighty-two of Part III of chapter four hundred and J^8*^>*^'pfr^t' 
sixty-three of the acts of the year nineteen hundred and six in, amended, 
is hereby amended by adding at the end thereof the words: 
— provided, however, that the board of railroad commission- 
ers may, for such term and under such restrictions as it 
may from time to time prescribe, modify or suspend the 
requirements of this section with respect to any such cross- 
ing by a street railway of a railroad built for private use under 
the provisions of section two hundred and fifty-one of Part 
II of this act, or of a branch, spur or siding of a railroad 
built or used only for the transportation of freight to the 
premises of manufacturing or other industrial plants, — so 
as to read as follows : — Section 82. If a street railway crosses Cars to stop 
at the same level a steam railroad where locomotive engines ^* crossings. 
are in daily use, every motorman of a car upon the street 
railway shall, when approaching the point of intersection, 
stop his car within one hundred feet of the crossing. For 
each violation of the provisions of this section, the motor- 
man shall forfeit ten dollars, and the company which em- 
ploys him shall forfeit twenty dollars: provided, lunvever, that Proviso, 
the board of railroad commissioners mav, for such term and 
under such restrictions as it may from time to time pre- 
scribe, modify or suspend the requirements of this section 
with respect to any such crossing by a street railway of a 
railroad built for private use under the provisions of section 
two hundred and fifty-one of Part II of this act, or of a 
branch, spur or siding of a railroad built or used only for 
the transportation of froiglit to the premises of manufactur- 
ing or other industrial plants. Approved April I4, 1011. 



252 



Acts, 1911. — Cuaps. 291, 292. 



Chap.%)\ An Act to PROvroE for the protection of the public 

HEALTH IN THE VICINITY OF THE TOWNS OF WINCHESTER 
AND STONEHAM AND THE CITY OF WOBURN. 

Be it enacted, etc., as follows: 

Section 1. The state board of health is hereby author- 
ized and directed to prohibit the entrance or discliarn;e of 
sewage into any part of Aberjona river, or its tril)utaries, 
anfl to prevent the entrance or discharge therein of any other 
substance which might be injurious to pubHc health or might 
tend to create a public nuisance. 

Section 2. The board shall consult and advise with the 
owner of any factory or other establishment situated on or 
near the said river or any of its tributaries, at his request 
or of its own motion, as to the best practicable and reason- 
ably available means of rendering the waste or refuse there- 
from harmless. 

Section 3. The supreme judicial court or any justice 
thereof, and the superior court or any justice thereof, sliall 
have jurisdiction in equity to enforce the provisions of this 
act, and any order made by the state board of health in con- 
formity therewith. Proceedings to enforce any such order 
shall be instituted and prosecuted by the attorney-general 
upon the request of the state board of health. 

Section 4. Whoever permits the entrance or discharge 
into any part of Aberjona river, or its tributaries, of sewage 
or of any other substance injurious to public health or tend- 
ing to create a public nuisance shall be punished by a fine 
not exceeding five hundred dollars for each offence. 

Section 5. This act shall take effect on the first day of 
July in the year nineteen hundred and eleven. 

Approved April 14> 1911. 



Entrance of 
sewage into 
Aberjona 
river pro- 
hibited, etc. 



The board of 
health to 
consult with 
owner of 
factories, etc, 



Jurisdiction 
of court. 



Penalty. 



Time of 
taking effect 



ChapSiS)1 An Act relative to the classification and sal.\ries of 

CLERKS IN THE DEPARTMENT OF THE INSURANCE COMMIS- 
SIONER. 

Be it enacted, etc., as follows: 

Section 1. That j)art of section five of chapter five hun- 
dred and sevent\-six of the acts of the year nineteen hundred 
and seven, which begins with the words "The conunissioner 
may employ", in the twelfth line of said section, and ends 
with the word "year", in the twentieth line thereof, is hereby 



1907, ."^Tfi, 
§ 5, amended. 



Acts, 1011. — Chap. 293. 253 

amended by striking out the words "with an annual salary 
of two thousand dollars, a chief clerk with an annual salary 
of two thousand dollars, a second clerk with an annual 
salary of fifteen hundred dollars, a third clerk with an annual 
salary of twelve hundred dollars", and inserting in place 
thereof the words : — with an annual salary of twenty-five 
hundred dollars, an assistant actuary with an annual salary 
of fifteen hundred dollars, and a chief clerk with an annual 
salary of twenty-five hundred dollars, — so that said part 
of said section will read as follows : — The commissioner may Employees 
employ in his department an actuary with an annual salary commrs^ston-^ 
of twenty-five hundred dollars, an assistant actuary with an ^^'^ °®*=^- 
annual salary of fifteen hundred dollars, and a chief clerk 
with an annual salary of twenty-five hundred dollars, and 
such additional clerks and assistants as the public business 
in his charge may require, at an expense not to exceed such 
amount as the general court may appropriate each year. 
Section 2. This act shall take eft'ect upon its passage. 

Approved April 15, 1011. 



An Act relative to the annual report of the board Ckap.2d3 

OF GAS AND ELECTRIC LIGHT COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section seven of chapter one hundred and twenty-one of f^^amended 
the Revised Laws is hereby amended by inserting after the 
word "expedient", in the seventh and eighth lines, the words: 
— but including the names and addresses of the principal 
officers and of the directors, — so as to read as follows: — 
Section 7. The board shall annually, on or before the first Annual 
Wednesday in January, transmit to the secretary of the 
commonwealth a report to the general court of its doings, 
with such suggestions as to the condition of affairs or con- 
duct of corporations and companies which are engaged in 
the manufacture and sale of gas or electricity for light or 
heat as may be appropriate, with such abstracts of the 
returns required by section thirty-one as it considers expedi- 
ent, but including the names and addresses of the principal 
officers and of the directors, and an abstract of the accidents 
reported to it under the provisions of section thirty-nine. 

Approved April 15, 1911. 



report. 



254 Acts, 1911. — Chaps. 294, 295, 29G. 



OAap.294 An Act relative to vacancies in the offices of auditor 

OF THE commonwealth Afrt) SECRETARY OF THE COMMON- 
WEALTH. 

Be it enacted, etc., as follows: 
Relative to SECTION 1. Ill the evciit of a vacancy in the office of 

vjicivnciC'SHi 1111 !• !• 

certain heads auditoF of the commonvvealth, the deputy auditor, and in 
ments. the evcut of a vacancy in the office of secretary of the com- 

monwealth, the first deputy secretary, shall be continued in 
office and shall perform all statutory duties of the auditor 
and of the secretary, respectively, until an auditor or secre- 
tary shall be elected or appointed and shall qualify in the 
manner provided by law. 

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

Approved April 17, 1911. 

ChapJ^S)^ An Act to authorize the reinstatement of philip h. 

SHANLEY IN THE STREET DEPARTMENT OF THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 
Reinstate- SECTION 1. Philip H. Shaiilcv, formcrlv emploved as an 

nient of Pliilip * i> I • i' i> 

H. shaniey iuspcctor lu the strcct department oi the city oi Boston may, 
department subjcct to thc appi'oval of tlic superintendent of streets, and 
the mayor, be reappointed to said position without under- 
going a civil service examination. 

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

{The fore fjoing was laid before the Governor on thc tenth day 

of April, toil, and after five days it had ''the force of a law", 

as prescribed by the Constitntion, as it ivas not returned by him 

with his objections thereto within that time.) 



of Boston. 



appropriation. 



CJta2)-2d6 An Act relative to the appropriation for the food and 

DRUG DEPARTMENT OF THE STATE BOARD OF HEALTH. 

Be it enacted, etc., as follows: 
Increase of Tlic aniuuil api)roi)riation made for thc state board of 

nr»nr«T^rintif»r» 111 ^ , ^ 

health for the purposes of food and drug nisi)ection is hereby 
increased by the sum of three thousand dollars. 

{The f)ref/oin(/ was laid before the (lovcrnor on the eleventh 
day of April, ihll, and after five days it had ''the force of a 
law", a^ prescribed by the Con^'titntion, as it was not returned 
by him with his objections thereto within that time.) 



Acts, 1911. — Chap. 297. 255 



An Act to transfer certain powers from the cattle Chap.297 

BUREAU OF the STATE BOARD OF AGRICULTURE TO THE 
STATE BOARD OF HEALTH. 

Be it enacted, etc., as follows: 

Section 1 . Section seven of chapter ninety of the Re- r. l. 9o, § v. 
vised Laws is hereby amended by striking out the words ^^'^'^ *^ 
"The board", in the first Hne, and inserting in place thereof 
the words : — The state board of health, — so as to read as 
follows: — Section 7. The state board of health may make Regulation 
regulations for the inspection of meat, which shall conform spectkm."^ 
to the regulations of the United States bureau of animal 
industry for the inspection of meat for export and for inter- 
state commerce. 

Section 2. Section one hundred of chapter seventy-five r. l. 75, 
of the Revised Laws is hereby amended by striking out the Amended. 
words "board of cattle commissioners", in the fifteenth line, 
and inserting in place thereof the words: — state board of 
health, — so as to read as follows: — Section 100. The issue of 

111 1 , 1 J 1 rr> licenses, etc. 

mayor and aldermen, selectmen, or such other omcers as 



they shall designate, or in a town having a population of 
more than five thousand, the board of health, if any, may 
annually issue licenses to carry on the business of slaughter- 
ing neat cattle, sheep or swine to applicants therefor. The 
fee for each license shall be one dollar. The license shall 
name the persons licensed to conduct such business, and the 
building or establishment in which it is to be carried on, 
and it shall continue in force until the first day of May of 
the year next ensuing, unless sooner forfeited or rendered 
void. A record shall be kept by the board or officers author- 
ized to issue licenses of all applications for licenses under 
the provisions of the preceding section and of all licenses 
issued, which shall be evidence of the issue of any such license. 
Such board or officers shall annually, on or before the first 
day of June, send to the state board of health a copy of 
every application made to them under the provisions of the 
preceding section and their action thereon, and a list of all 
persons with their addresses, who although engaged in the 
business named in the preceding section on the last day of 
the previous April, failed to make application for a license. 

Section 3. Section one hundred and one of chapter r. l. 75, 
seventy-five of the Revised Laws is hereby amended by fme^nded. 
striking out the words "a member of the board of health 



256 



Acts, 1911. — Chap. 297. 



Slaughtering 
of cittle. 



R. L. 75, 

§ 102, 
amended. 



Powers and 
duties of in- 
spectors, etc. 



R. L. 75, 
§ 103, 
amended. 



Certain car- 
cusses to be 
stamped. 



or of an inspector appointed tlierefor by said board", in the 
fifth and sixth Hnes, and inserting in place thereof the words: 

— an inspector of the state board of health, — so as to read 
as follows: — Section 101. A licensee under the provisions 
of the preceding section shall not slaughter any such animals, 
or cause them to be slaughtered at such slaughter house or 
establishment, on any days other than those specified in the 
application for such license, except in the presence of an 
inspector of the state board of health; but he may at any 
time change the days for slaughtering such animals, by giv- 
ing at least seven days' written notice thereof to the board 
or officer authorized to issue licenses, who shall immediately 
give written notice of such change to such inspector of such 
city or town. 

Section 4. Section one hundred and two of chapter 
seventy-five of the Revised Laws is hereby amended by 
striking out the words "board of cattle commissioners", 
in the seventh line, and inserting in place thereof the words: 

— state board of health, — so as to read as follows: — 
Section 102. Such inspector as has been appointed by the 
board of health shall be present at all licensed slaughter 
houses or establishments upon the days designated for 
slaughter by the licensee, as provided in the preceding 
section, and there carefully examine the carcasses of all 
animals at the time of slaughter. Such inspection shall be 
made in such manner and under such rules and regulations 
as the state board of health may determine and direct. If, 
in the opinion of an insjjector, any carcass, or any meat or 
product thereof is diseased, corrupted, unwholesome or imfit 
for food, he shall seize it and cause it to be destroyed, as 
provided in section seventy of chapter fifty-six. 

Section 5. Section one hundred and three of chapter 
seventy-five of the Revised Laws, as set forth in chaj^ter 
two hundred and twenty of the acts of the year nineteen 
hundred and three, and as amended by chaj^ter four hundred 
and seventv-one of the acts of the ^"ear nineteen hundred 
and nine, is hereby further amended by striking out the 
words " cattle bureau of the state board of agriculture ", in 
the twelfth line, and inserting in place thereof the words: — 
state board of health, — so as to read as follows: — Section 
10.^. In a slauglitering establishment wherein inspection and 
l)ran(ling are not carried on under the rules and regulations 
for the inspection of live stock and otiier jiroducts, established 
by the United States dei)artnient of agriculture in accord- 



Acts, 1911. — Chap. 298. 257 

ance with acts of congress, the carcasses of animals slaugh- 
tered under the provisions of the four preceding sections 
shall at the time of slaughter, if not condemned, be stamped 
or branded by the inspector thereof in like manner as those 
inspected by the United States bureau of animal industry 
for interstate trade, by a stamp or brand designed for 
the purpose by the state board of health, which shall be 
furnished by it to the board of health of a city or town 
applying therefor. Such stamps shall be uniform in design 
throughout the commonwealth, but shall contain the name 
of the city or town in which they are used. 

Section 6. For the purposes of this act inspectors of ^nnspeS! 
meats and provisions shall be appointed, shall be compen- ®^^- 
sated, and may be removed in accordance with the provi- 
sions of law relating to inspectors of animals, except that 
the state board of health shall in respect to its inspectors 
perform the duties and exercise the authority imposed by 
law upon the chief of the cattle bureau of the state board 
of agriculture in respect to inspectors of animals. The first 
appointments under this act shall be made within thirty 
days after its passage. 

Section 7. This act shall take effect upon its passage. 

Approved April 20, 1911. 

An Act relative to the seniority of officers in the (JJkij) 298 

MILITIA transferred FROM ONE OFFICE OR ORGANIZA- 
TION TO ANOTHER. 

Be it enacted, etc., as folloios: 

Section 1. Section forty-one of chapter six hundred and \^2^' ^°^' 
four of the acts of the year nineteen hundred and eight is amended. 
hereby amended by inserting after the word "without", in 
the thirteenth line, the words : — increase of grade or, — 
so as to read as follows: — Section 41- Commissioned ofR- Rankof com- 
cers shall rank according to the date of their commissions. ™fficers'^'"^ 
Between officers of the same grade and date of appointment 
or commission, where there has been no previous military 
service, the relative rank shall be determined by lot. Such 
previous service shall count, as in the army or navy of the 
United States, and in the volunteer militia or reserve militia 
of this commonwealth only, and in the order herein named. 

The day of the appointment or election of an officer shall Date of 
be expressed in his commission and shall be considered as to be'" °'^'' 



258 



Acts, 1011. — Chaps. 299, 300. 



expressed in 
commission. 



the date thereof. Wlien an officer is appointed, elected, or 
transferred from one office or organization to another, Avith- 
oiit increase of grade or loss of grade or continuous service, 
he shall rank in his grade according to the date of his original 
commission, which shall be stated in his new commission. 
The provisions of this section shall not apply when a com- 
missioned officer is transferred by election or appointment 
from the staff to the line. 

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

Approved April 20, 1911. 



Re.adjustment 
of salaries of 
certain 
officials. 



Chajh'Zdd An Act to provide for the readjustment of the sal- 
aries OF CLERKS OF COURTS, COUNTY COMMISSIONERS AND 
COUNTY TREASURERS AFTER THE TAKING OF A NATIONAL 
OR STATE CENSUS. 

Be it enacted, etc., as follows: 

Section 1. The salaries of clerks of courts, count v com- 
missioners and county treasurers, and the classes into which 
counties are distributed, when the population thereof as 
ascertained by the last preceding national or state census 
permits it, shall so be readjusted by the officer paying the 
salary, as to correspond with the classes and salaries pro- 
vided for by chapter four hinidred and fifty-one of the acts 
of the year nineteen hundred and four, and acts in amend- 
ment thereof and in addition thereto. Payment of salaries 
so readjusted shall begin on the first day of July in the year 
in which the said census is taken. 

Section 2. This act shall not be construed to reduce 
the salary of any official aforesaid established by special 
act of the general court since the year nineteen hundred and 
four; and so far as it shall operate to reduce the salary of 
any other official, this act shall not take effect while the 
present incumbent continues to hold office. 

Approved April 20, 1911. 

Chap.'SOO An Act relative to the prepar.\tion and opening for 

PUBLIC travel OF WAYS IN THE CITY OF LOWELL. 

Be it enacted, etc., as follows: 

Section 1. After the passage of this act no ])erson or 
corporation shall ])rcpare or ()j)en for public tra\el in the 
city of Lowell any way, unless its location, direction, width 
and grades are satisfactory to and have been approved in 



Reduction of 
salary not 
authorized. 



Opening of 

ways for 
pnlilii- travel 
in Lowell. 



Acts, 191 1 . — Chaps. 301, 302. 259 

writing by a board consisting of the mayor, the civil engineer, 
and the superintendent of streets of the city. 

Section 2. This act shall take effect upon its accept- J'™''"^^ , 
ance by the board of aldermen of the city, after a public 
hearing. Approved April 20, 1911. 

An Act relative to the authority of the board of (JJkij) 301 
health of the city of quincy. 

Be it enacted, etc., as follows: 

Section 1. The board of health of the city of Quincy Authority of 
is hereby authorized to establish rules and regulations gov- heaith'^of ° 
erning the cleaning out of vaults, privies and cesspools in Q^'n^'y- 
that city, and it may prohibit the cleaning out of any vault, 
privy or cesspool in the city except by its agents or em- 
ployees, and it may do such work by its agents or employees. 
The board may establish rules and regulations fixing the 
amounts to be charged for doing said work, and whenever 
the work is done by the agents or employees of the board it 
shall, as soon as may be after the work is done, notify the 
owner of the premises on which the vault, privy or cesspool 
is located, of the charge made for doing the work and if 
the money so charged is not paid to the city treasurer within 
thirty days thereafter, the city may, in an action of con- 
tract, recover the amount so charged by the board of health 
from the owner of said premises. 

Section 2. This act shall not be construed as limiting certain 
or taking away from said board of health any authority now fi^tTd,°tc. 
vested in it to make and enforce rules and regulations gov- 
erning the cleaning out of vaults, privies and cesspools, and 
the removal and disposal of the contents thereof. 

Section 3. This act shall take effect upon its passage. 

Approved April 20, 1911. 

An Act to provide for the appointment of an addi- (JJkijj 302 
tional court officer for the probate court of the 

COUNTY of MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-four of the r. l. i64, 
Revised Laws is hereby amended by striking out section amended. 
thirty-four and inserting in place thereof the following: — 
Section SA. In addition to the officers whom the sheriff Appointment 

PI i>n/r*iii • I'll • of omeers in 

01 the county 01 Middlesex is authorized by section seventy- the county of 



260 Acts, 1911. — Chap. 303. 

Middlesex, three of cliapter one hundred and sixty-five to appoint, he 
may appoint, subject to the approval of the judges of pro- 
bate and insolvency for said county, two officers who shall 
serve as permanent court officers for attendance at the ses- 
sions of the probate court. Each of said officers shall give 
bond in the sum of ten thousand dollars, for the faithful 
performance of his duties, payable to the sheriff of said 
county with sureties who shall be approved by either of said 
judges. Said officers shall ser^■e the orders, precepts and proc- 
esses issued by said probate court or by either judge' thereof. 
Said officers shall each receive from the county of JNIiddlesex 
an annual salary of seventeen hundred doJlars in full pay- 
ment for all services performed by him, ten cents a mile 
for travel out and home once a week during such attendance, 
if the distance exceeds five miles one way, and one hundred 
dollars, annually, in addition to his salary, to provide a 
uniform, which he shall w^ear while in attendance on said 
courts. 
Section 2. This act shall take effect upon its passage. 

Approved April 20, 1911. 



Chap.303 An Act making appropriations for sundry miscellane- 
ous EXPENSES AUTHORIZED DURING THE PRESENT YEAR. 

Be it enacted, etc., as follows: 

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

priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, except as hereinafter otherwise 
provided, for the purposes specified, to wit: — 

Kdward w. For Edward W. Brewer, as authorized by chapter six of 

the resolves of the present year, the sum of one hundred 
and eighty-five dollars, the same to be paid out of the ]\Iotor 
Vehicle Fees Fund. 

Merchants For the Mcrchauts Club of Boston, as authorized by 

ton.'" °^ chapter eight of the resolves of the present year, the sum 
of seventy-five dollars, the same to be paid from the fees 
received from liquor licenses. 

Commission YoT cxpcnscs in councction with the commission appointed 

to invostigiite . /• . .1 • .• e n ^ • 11 

the inspection to Hivestigate thc mspcctiou ot lactones, workshops, mer- 
etc' ' cantile establishments and other buildings, as authorized by 

chapter ten of the resolves of the present year, a sum not 
exceeding twelve hundred dollars, the same to be in addi- 
tion to any amount heretofore ai)propriated for this purpose. 



Acts, 1911. — Chap. 304. 261 

For the erection of a bronze tablet on the site of the Myles Tablet on the 
Garrison house in the town of Swansea, as authorized by MyiesGarri- 
chapter eleven of the resolves of the present year, a sum not ^""^ ^°"**'" 
exceeding six hundred dollars. 

For reprinting the publication relative to the agricultural ^glourils'^*^ 
resources of Massachusetts, as authorized by chapter thir- 
teen of the resolves of the present year, a sum not exceeding 
fifteen hundred dollars. 

For fire protection at the state normal school at Fitch- Fitehburg 
burg, as authorized by chapter fourteen of the resolves of "c^h^i 
the present year, a sum not exceeding two thousand dollars. 

For the New England Industrial School for Deaf Mutes, New England 
as authorized by chapter fifteen of the resolves of the present schoorfM 
year, the sum of thirty-five hundred dollars. Deaf Mutes. 

For William H. I/awrence, as authorized by chapter six- wiiiiam h. 
teen of the resolves of the present year, the sum of four ^^^*^'^'^^- 
hundred fifty-eight dollars and thirty-four cents. 

For the purchase of the card catalogue of the general court prd cata- 
of Massachusetts prepared by the late Caleb B. Tillinghast, general court. 
as authorized by chapter seventeen of the resolves of the 
present year, a sum not exceeding five thousand dollars. 

For the preparation of a memorial of the soldiers, sailors Memorial 
and marines who served in the Spanish-American war, as Ame^tcan 
authorized by chapter nineteen of the resolves of the present war soldiers. 
year, a sum not exceeding one thousand dollars. 

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

Approved April 20, 1911. 



An Act relative to the duties of election officers. Cliap.^OA: 

Be it enacted, etc., as follows: 

Section two hundred and fifty-one of chapter five hundred i^^^J^ ^^^' 
and sixty of the acts of the year nineteen hundred and seven amended. 
is hereby amended by adding at the end thereof the follow- 
ing: — except that he shall when requested make a state- 
ment of the figures on the ballot box register, which state- 
ment shall not be considered an official declaration as to 
the state of the polls or of the number of ballots cast, — so 
as to read as follows: — Section 251. No election officer statement 
shall, before the public declaration of the vote, make any oTbaiiotTox^ 
statement of the number of ballots cast, the number of register. 
votes given for any person, the name of any person w^ho has 
voted or whose name has not been checked, or of any other 



2G2 



Acts, 1911. — Chap. 305. 



R. L. 173, 
§ 55, etc., 
amended. 



Certain 
causes may 
be advanced 
for speedy 
trial, etc. 



fact tending to show the state of the polls, except that he 
shall when requested make a statement of the figures on the 
ballot box register, which statement shall not be considered 
an official declaration as to the state of the polls or of the 
number of ballots cast. Approved April 20, 1911. 

Chap.305 An Act relative to the speedy trial of certain 

CAUSES. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-five of chapter one hundred and 
seventy-three of the Revised Laws, as amended by chapter 
two hundred and seventy-one of the acts of the year nine- 
teen hundred and five, and by chapter five hundred and 
thirty-eight of the acts of the year nineteen hundred and 
ten, is hereby further amended by striking out said section 
and inserting in place thereof the following: — Section 55. 
In any action of contract in which the defendant has appeared, 
any plaintiff, or if a corporation its treasurer, may at any 
time before the case is on the short list, so-called, file an affi- 
davit verifying the cause of action and stating that in his 
belief there is no defence thereto; and thereupon the clerk 
shall issue an order requiring the defendant to show cause 
in writing and under oath why judgment should not be given 
for the plaintiff. The plaintiff shall immediately give notice 
in writing to the defendant of such order, and iniless the 
defendant, within seven days after such notice, or within 
such further time as the court may allow, consents to a 
default and to judgment for the amount demanded, if the 
claim is to recover a debt, or liquidated demand, or unless 
by affidavit setting out specifically and clearly the sub- 
stantive facts upon which he relies he discloses such facts 
as the court finds entitle him to defend, the court shall ad- 
vance said action for speedy trial; but if, upon a hearing 
under such order and notice, the court does not so advance 
the action, it may in its discretion award the defendant 
reasonable costs. The court shall require the defendant to 
disclose specifically and clearly the substantive facts upon 
which he relies; and in any trial any affidavit so filed by 
any party may be given in evidence against him. If, in 
an action appealed by the defendant from a police, district 
or municipal court or trial justice, the court is satisfied, 
upon an inspection of the declaration, that the ])laiiitiff seeks 
to recover solely for his personal labor, with or without 



Acts, 1911. — Chap, 30G. 263 

interest, the court shall upon motion advance such action 
for speedy trial. In any action in which a defendant has 
appeared and answered, such defendant, or if a corpora- 
tion its treasurer, may at any time before the case is on the 
short list, so-called, file an affidavit stating that in his belief 
there is no merit in the action; and thereupon the clerk shall 
issue an order requiring the plaintiff to show cause why he 
should not become non-suit. The defendant shall immedi- 
ately give notice in writing to the plaintiff of such order, and 
unless within seven days after such notice, or within such 
further time as the court may allow, the plaintiff consents 
to a non-suit, or unless by affidavit setting forth specifically 
and clearly the substantive facts upon which he relies he 
discloses such facts as the court finds entitle him, if they are 
true, to maintain his action, the court shall advance said 
action for speedy trial. At any trial of the action any affi- 
davit filed by either party, as herein provided, may be given 
in evidence against him. 

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

Approved April 20, 1911. 

An Act to authorize the towns of weymouth and brain- (JJiap.^OiS 

TREE TO REGULATE THE TAKING OF SMELTS IN THE WATERS 
OF WEYMOUTH FORE RIVER AND WEYMOUTH BACK RIVER. 

Be it enacted, etc., as follows: 

Section 1. By joint action the selectmen of the towns Regulating 
of Weymouth and Braintree, if so instructed by their towns, s^eitf in ce°r- 
may grant permits for the taking of smelts in the close t^'^^ i'^'^^'^- 
season between the fifteenth day, of March and the fifteenth 
day of April, both dates inclusive, in the Weymouth Fore 
river and the Weymouth Back river. Such permits shall 
prescribe the time and method of so taking smelts, and the 
said selectmen may make such other regulations in regard 
to said fishery as they may deem expedient: provided, that Proviso. 
the fish so taken shall be in quantities not exceeding thirty- 
six fish in any one day by any one person. The smelts so 
taken shall not be sold or offered for sale at any time. Any 
person receiving smelts under this act who sells, gives away 
or disposes of the same, in any manner, to persons other 
than his own family shall be subject to the penalty herein 
provided. 

Section 2. The board of commissioners on fisheries and Ruie^and 

, , , , . , I regulations 

game may alter or annul any rule, regulation or by-law, maybe 

annulled. 



264: Acts, 191L — Chap. 307. 

relative to the taking of smelts under this act, if, in their 
opinion, the same is prejudicial to the maintenance of the 
fisheries. 
^■^l*f'" 1 r^A Section 3. The towns of Weymouth and Braintree are 

rights in land i • i i • i , 

may be hereby authorized to take or acquire by purchase or other- 

wise such lands or rights in lands along the said rivers as 
may be convenient for fishing therein, and may appropriate 
money for carrying out the provisions of this act. The 
selectmen and any persons employed by them or authorized 
by them to take fish under the provisions of this act may 
go upon and pass over the lands of any person through or 
by which either of the said rivers run, provided that they 
shall enter upon or pass over such lands at such times and 
places as the selectmen shall prescribe, and only for the 
purpose of protecting the said fishery or of taking the said 
fish, and shall do no more damage to said lands than is 
unavoidable. Any person who shall prevent or hinder the 
selectmen or any person authorized by them in the proper 
use of the said lands, as above provided, shall forfeit a sum 
not exceeding twenty dollars for each ofl'ence. 

Penalty. SECTION 4. Any persou not authorized by the selectmen 

of the said towns as above provided who shall fish in the 
said rivers at any time in the close season, and any person 
who violates any provision of this act shall be liable to a 
fine of one dollar for each fish or part thereof in respect 
to which the violation occurs. 

^'king^effect. SECTION 5. This act shall take effect upon its acceptance 
by a majority vote of the legal voters of the said towns 
present and voting thereon at any annual or special town 
meeting. . Approved April 20, 1911. 

CJiap.SOl An Act to authorize the municipal authorities of the 

CITY OF LOWELL AND OF THE TOWN OF TYNGSBOROUGH TO 
permit speed TESTS OR CONTESTS UPON CERTAIN HIGHWAYS 
DURING CERTAIN DAYS IN THE CURRENT YEAR. 

Be it enacied, eic, as follows: 

Sr^naTbe Si<:cTiON 1. Tlic UKiyor and board of aldermen of the 

permitted, city of LowcU and the selectmen of the town of Tyngs- 
borough may, after a public hearing, and subject to such 
r(>giilations concerning the closing, use and control of the 
highways as they deem necessary for i)ul)lic convenience and 
safety, grant permits to ])ers<)ns to drive motor cycles and 
automobiles in speed tests or contests during si)ecilieil times 



Acts, 1911. — Chaps. 808, 309, 310. 265 

and upon specified parts of any public way or ways, in their 

city or town, respectively, during any three days between 

the fifth day of September and the first day of October of 

the current year, both inclusive: j^rovided, that no highway Provisos. 

shall be closed on the Lord's day nor shall any practice, 

exhibition or speed tests or contests be permitted on that 

day; and provided, further, that, if any damage is done to 

the state highway over which these races are run, the city 

of Lowell and the town of Tyngsborough shall repair their 

proportionate share of said highway to the satisfaction of 

the Massachusetts highway commission. 

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

Approved April 20, 1911. 

An Act relative to returns by assessors of municipal Chap.308 

ASSETS AND LIABILITIES. 

Be it enacted, etc., as follotvs: 

Section L Section ninety-six of Part I of chapter four Repeal, 
hundred and ninety of the acts of the year nineteen hundred 
and nine is hereby repealed. 

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

Approved April 20, 1911. 

An Act relative to the payment of a fee for instruc- Chap.'dO^ 

TION IN THE EVENING SCHOOLS. 

Be it enacted, etc., as follows: 

School committees in cities and towns in which evening Paj-mentof 
schools are maintained may require from each student not histruction 
bound by law to attend, an advance payment not exceeding sch^o^is!"^ 
one dollar, which sum may, at the discretion of the committee, 
be turned into the city or town treasury to be credited to 
the school appropriation of such city or town, or it may be 
returned in part or in whole to the student at such time and 
under such conditions as the committee may determine. 

Approved April 20, 1911. 

An Act relative to the employment of certain minors Chap.Ki.0 

IN FACTORIES, WORKSHOPS AND MERCANTILE ESTABLISH- 
MENTS. 

Be it enacted, etc., as follows: 

Section 1. No illiterate minor between the age of six- Employment 
teen and twenty-one years shall be employed in a factory, minors^Ttc. 



260 



Acts, 1911. — Chaps. 311, 312. 



workshop, mechanical or mercantile establishment unless 
his employer procures and keeps on file, accessible to the 
truant officers of the city or town and to the district police 
and inspectors of factories and public buildings, a certificate 
showing that such minor is sixteen years of age or over. 
Said certificate shall give the place and date of birth of such 
minor and his personal description. The printed form of 
the certificate shall be provided by the chief of the district 
police and shall be approved by the attorney-general. 

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

Apyroved April 20, 1911. 



Transfer of 
property of 
the Massa- 
chusetts 
Agricultural 
College. 



ChapSViA An Act to provide for the transfer of the property 

OF THE MASSACHUSETTS AGRICULTURAL COLLEGE TO THE 
COMMOmVEALTH. 

Be it enacted, etc., as follows: 

Section 1. The ]\Iassachusetts Agricultural College, in- 
corporated by chapter two hundred and twenty of the acts 
of the year eighteen hundred and sixty-three, shall transfer 
all its property, real and personal, and all its assets of every 
kind, to the commonwealth, excepting such property not 
originally paid for by money granted by the commonwealth 
as is held by said corporation upon special trusts. The 
transfer shall be made by an instrument in the form of a 
conveyance of real estate executed by said corporation, and 
recorded in the registry of deeds for the county of Hamp- 
shire. Upon the recording of the said instrument, the ti-ans- 
fer shall be complete, and title to the property therein de- 
scribed shall vest in the commonwealth. 

Section 2. The laws heretofore governing the supjiort 
and the auditing of the expenditures and accounts of the 
said corporation shall continue in force. 

Approved April 20, 1911. 



Certain pro- 
visions of 
law to 
continue in 
force. 



C/*a».312 An Act to provide for a high pressure fire service 

IN THE CITY OF IU)STON. 



High pressure 
fire service 
in Boston. 



Be it enacted, etc., as follows: 

Section 1. The commissioner of public works of the 
city of Boston is hereby authorized to prc]xiro ]ilans and to 
proceed to the immediate instiillation of a suitable and effi- 
cient system of high pressure fire service for the said city. 



Acts, 1911. — Chap. 313. 267 

Section 2. For the purpose of defraying the expenses Expendi- 
incurred under the provisions of this act the city council ^^^^^' 
may appropriate during the ensuing six years the sum of 
one milHon dollars. The said appropriation shall be not 
less than one hundred and fifty thousand dollars for each 
year, and the amount which the city council shall thus 
appropriate in any one year shall be included in the statutory 
limit of indebtedness of the city for that year. 

Section 3. The said city is hereby authorized to take water may 
such quantities of water as may be necessary for the proper from^charies 
carrying out of the purposes of this act from the Charles river basin. 
river basin. It shall also be authorized to purchase or to 
erect such pumps and stations as may be necessary to carry 
out the purposes of this act. The work of building such 
pumping stations as may be found necessary under the 
authority of this act shall be done by contract publicly 
advertised. Not more than fifteen per cent of the indebted- 
ness incurred under the provisions of this act in any year 
shall be expended for day labor. 

Section 4. This act shall take effect upon its acceptance Time of 
by the city council and mayor of the city of Boston. *'*'""^ ^^^''^^ 

Apyroved April 20, 1011. 

An Act relative to the employment of children and r'/ir/^T^l^ 
women in certain workshops connected with mer- ^ ' 

CANTILE establishments. 

Be it enacted, etc., as follows: 

Section 1. The provisions of section forty-seven of chap- 1909, 5i4. 
ter five hundred and fourteen of the acts of the year nine- Ippu* n cer- 
teen hundred and nine, relative to the employment of chil- *^'" ^^''^^s. 
dren and women in mercantile establishments, shall also 
apply to children and women employed in a workshop for 
the making, altering or repairing of garments: provided, that Provisos, 
the workshop is connected with a mercantile establishment 
where the said garments are sold at retail, and is owned and 
operated by the proprietor of such mercantile establishment; 
and promded, also, that such children and women shall not 
be employed more than fifty-six hours in any one week. 
The provisions of section forty-eight of the said chapter shall 
not apply to children and women employed as aforesaid. 

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

Approved April 20, 1911. 



268 



Acts, 1911. — Chaps. 314, 315. 



Chap.314: An Act to authorize school committees to expend 

MONEY FOR THE SUPERVISION OF SPORTS. 

Be it enacted, etc., as folloivs: 

Section 1. School committees in cities and towns may 
expend money, as it is now expended for public school pur- 
poses, for the supervision of play and games on land under 
their control, and for the equipment thereof. 

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

Aj) proved April 20, 1911. 



Supervision 
of sports, 
etc. 



1907, 576, 
§ 11, 
amended. 



Indebtedness 
for outstand- 
ing losses, 
etc. 



Chap.Slb An Act to increase the reserve of liability companies 

FOR OUTSTANDING LOSSES. 

Be it enacted, etc., as follows: 

That part of section eleven of chapter five hundred and 
seventy-six of the acts of the year nineteen hundred and 
seven, relating to the reserve of liability companies, compris- 
ing lines one hundred to one hundred and ninety-four, both 
inclusive, beginning with the word "Every", in the one hun- 
dredth hue, and ending with the word "underwriting", in 
the one hundred and ninety-fourth line, is hereby amended 
by striking out the same and inserting in place thereof the 
following: — The indebtedness for outstanding losses under 
insurance against loss or damage resulting from accident to 
or injuries suffered by an employee or other person, for 
which the insured is liable, and under insurance against loss 
from liability on account of the death of or injury to an 
employee not caused by the negligence of the employer, 
shall ije determined as follows: — Each corporation which 
writes policies covering any of said kinds of insurance shall 
include in the annual statement required by section one 
hundred and one of chapter five hundred and seventy-six 
of the acts of the year nineteen hundred and seven, a schedule 
of its experience thereunder, in the United States and in 
foreign countries in the case of corporations organized in 
the United States, and in the United States only in the case 
of corporations organized out.side of the United States, giv- 
ing each calendar year's experience separately, and credit- 
ing or cliargiug each item to the year in which the policy 
to wiiich it relates was written, as follows: (1) the earned 
premiums on all such policies written during the period of 



Acts, 1911. — Chap. 315. 269 

ten years immediately preceding the date as of whicli the indebtedness 

, , , • J 1 • ,1 • 11 1 for outstand- 

statement is made, benig the gross premmms on all such ingiosaea, 
policies including excess and additional premiums and premi- ^^''' 
ums in course of collection, less return premiums and premi- 
ums on cancelled policies, and less the unearned premiums on 
policies in force as shown in such annual statement; (2) the 
amount of all payments of whatsoever nature made by rea- 
son or on account of injuries covered by such policies written 
during said period. This amount shall include medical and 
surgical attendance, payments to claimants, legal expenses, 
salaries and expenses of investigators, adjusters, and field 
men, rents, stationery, telegraph and telephone charges, post- 
age, salaries and expenses of office employees, home-office 
expenses, and all other payments made on account of such 
injuries, whether such payments are allocated to specific 
claims or are unallocated; (3) the number of suits being 
defended at the date as of which the statement is made under 
policies written during said period, except suits in which 
liability is not dependent upon negligence of the insured, 
and a charge of seven hundred and fifty dollars for each 
suit; (4) the number of deaths for which the insured are 
liable without proof of negligence, covered by policies writ- 
ten during said period, and not paid for at the date as of 
which the statement is made and a charge of the amount 
necessary to pay for such deaths; (5) the number of unpaid 
claims at the date as of which the statement is made on ac- 
count of non-fatal injuries for which the insured are liable 
without proof of negligence, covered by policies written dur- 
ing said period and a charge equal to the present value of 
the estimated future payments; (6) the loss ratio determined 
from the foregoing as to each year separately, using as the 
divisor the earned premiums shown in item (1) and as the 
dividend the amount of payments shown in item (2) plus 
the amounts charged in items (3), (4) and (5) ; (7) the number 
of suits being defended at the date as of which the statement 
is made under policies written more than ten years prior 
to such date, except suits in which liability is not dependent 
upon negligence of the insured ; (8) the number of deaths for 
which the insured are liable without proof of negligence, 
covered by policies written more than ten years prior to the 
date as of which the statement is made, and not paid for at 
such date; (9) the number of unpaid claims at the date as 
of which the statement is made on account of non-fatal 
injuries for which the insured are liable without proof of 



270 



Acts, 1911. — Chap. 315. 



Distribution 
of certain 
payments, 
etc. 



Indebtedness 
for outstand- 
ing losses, 
etc. 



negligence, covered by policies written more than ten years 
})rior to such date. 

All unallocated payments In item (2) made in a given cal- 
endar year subsequent to the first four years in which a 
corporation has been issuing such policies shall be distributed 
as follows: thirty-five per cent shall be charged to the poli- 
cies written in that year, forty per cent to the policies writ- 
ten in the preceding year, ten per cent to the policies written 
in the second year preceding, ten per cent to the policies 
written in the third year preceding and five per cent to the 
policies written in the fourth year preceding; and such pay- 
ments made in the first four calendar years in which a corpo- 
ration has been issuing such policies shall be distributed as 
follows: in the first calendar year one hundred per cent shall 
be charged to the policies written in that year; in the second 
calendar year fifty per cent shall be charged to the policies 
written in that year and fifty jx^r cent to the policies written 
in the preceding year; in the third calendar year forty per 
cent shall be charged to the policies written in that year, 
forty per cent to the policies written in the preceding year 
and twenty per cent to the policies written in the second 
year preceding; and in the fourth calendar year thirty-five 
per cent shall be charged to the policies written in that 
year, forty per cent to the policies written in the preceding 
year, fifteen per cent to the policies written in the second year 
preceding and ten per cent to the policies written in the third 
year preceding, and a schedule showing such distribution 
shall be included in such annual statement. 

Every such corporation shall be charged with indebtedness 
for outstanding losses upon such policies determined as fol- 
lows: (10) for all suits being defended under policies written 
more than ten years prior to the date as of which the state- 
ment is made, except suits in which liability is not (le])cndent 
upou negligence of the insured, one thousand ilollars for 
each suit; (11) for all suits being defended under policies 
written more than five years and less than ten years prior 
to the date as of which the statement is made, except suits 
in which liability is not dependent upon negligence of the 
insured, seven hundred and fifty dollars for each suit; (12) 
for all deaths for which the insuretl are liable without j)roof 
of negligence, covered by policies written more than five 
years i:)rior to the date as of which the statement is made, 
the amount necessary to pay for such deaths; (13) for all 



Acts, 1911. — Chap. 315. 271 

unpaid claims on account of non-fatal injuries for which the 
insurefl are liable without proof of negligence under policies 
written more than five years prior to the date as of which 
the statement is made, the present value of the estimated 
future payments; (14) for the policies written in the five 
years immediately preceding the date as of which the state- 
ment is made an amount determined as follows: multiply 
the earned premiums of each of such five years as shown in 
item (1) by the loss ratio ascertained as in item (6) on all 
the policies written in the first five years of the said ten-year 
period, using as the divisor the sum of the earned premiums 
shown in item (1) for said first five years, and as the dividend 
the sum of the payments shown in item (2) for said first five 
years plus the sum of the charges in items (3), (4) and (5) 
for said first five years; but the ratio to be used shall in no 
event be less than fifty per cent at and after December 
thirty-first, nineteen hundred and eleven, nor less than fifty- 
one per cent at and after December thirty-first, nineteen 
hundred and twelve, nor less than fifty-two per cent at and 
after December thirty-first, nineteen hundred and thirteen, 
nor less than fifty-three per cent at and after December 
thirty-first, nineteen hundred and fourteen, nor less than 
fifty-four per cent at and after December thirty-first, nine- 
teen hundred and fifteen, nor less than fifty -five per cent 
at and after December thirty-first, nineteen hundred and 
sixteen; and from the amount so ascertained in each of the 
last five years of said ten-year period deduct all payments 
made under policies written in the corresponding year as 
shown in item (2), and the remainder in the case of each 
year shall be deemed th» indebtedness for that j'ear: pro- proviso. 
vided, however, that if the remainder in the case of any year 
of the first three years of the five years immediately preced- 
ing the date as of which the statement is made shall be less 
than the sum of the three following items for that year at 
that date, — ■ (a) the number of suits, except suits in which 
liability is not dependent upon negligence of the insured, 
being defended under policies written in that year, and a 
charge of seven hundred and fifty dollars for each suit; 
(6) the amount necessary to pay for all deaths for which the 
insured are liable without proof of negligence, covered by 
policies written in that year; and (c) the present value of 
estimated unpaid claims on account of non-fatal injuries for 
which the insured are liable without proof of negligence, 



272 Acts, 1911. — Chaps. 316, 317. 

covered by policies written in that year, — then the sum of 
said items (a), (b) and (c) shall be the indebtedness for that 
year. 
■'Annual \ Corporation which has been issuing such policies for a 

etc. ' period of less than ten years shall nevertheless include in 
its annual statement a schedule as hereinbefore required for 
the years in which it issued such policies, and shall be charged 
with an indebtedness determined in the same manner; but 
in determining the indebtedness for policies written in the 
five years immediately preceding the date as of which the 
statement is made, the minimum ratios hereinbefore pre- 
scribed shall be used, subject to the same deductions and 
provisions as in the case of corporations that have been 
issuing such policies for ten years or more. 

Approved April 20, 1911. 

Chap.'i^\Q> An Act making an appropriation for the maintenance 

OF THE OLD PROVINCIAL STATE HOUSE IN THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

ftXhoisl Section 1. The sum of fifteen hundred dollars is hereby 

appropriated, to be paid out of the treasury of the common- 
wealth from the ordinarv revenue, toward the maintenance 
of the old provincial state house in the city of Boston, dur- 
ing the present fiscal year, as provided for by chapter two 
hundred and ninety-eight of the acts of the year nineteen 
hundred and ten. 
Section 2. This act shall take effect upon its passage. 

Approved April 20, 1911. 



Chap.317 An Act makinc, an appropriation for the payment of 

INTEREST ON THE DIRECT DEBT AND TEMPORARY LOANS 
of THE commonwealth. 

Be it enacted, etc., as follows: 
Payment of Section 1. A suui uot exccediiig one million two hun- 

intcrualon i i ■ i i i i i in i 

debt. dred sixtv-seven thousand two hundred sevent\' dollars and 

seventy-four cents is hereby appropriated, to be paid out 
of the tn^isury of the commoiiwealtii, for the ])urposc of 
meeting the interest on the direct debt of the common- 
wealth, also on temporary loans, as pro\ided for by article 
eleven of section one of chaj)tcr two of the constitution of 



Acts, 1911. — Chaps. 318, 319. 273 

Massachusetts, the same being the estimate of the treasurer 
and receiver general. 

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

Approved April 20, 1911. 



An Act making appropriations b^or sundry miscellane- (Jhap.^XS 

OUS EXPENSES AUTHORIZED BY LAW. 

Be it enacted, etc., as follows: 

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

For expenses incurred in the construction and repair of ^I'nd^rlpairTf 
roads in the town of Mashpee during the vear nineteen hun- roads in 
dred and eleven, the sum of three hundred dollars. 

For reimbursing certain officials for premiums paid for Premiums on 
procuring sureties on their bonds, a sum not exceeding two 
thousand dollars. 

For preliminary plans, specifications and estimates, pro- pians, speci- 
vided for by the act relative to the construction and improve- ^=**'°'^^' ''*^- 
ment of buildings at state and other institutions, a sum not 
exceeding two thousand dollars. 

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

Approved April 20, 1911. 



An Act making an appropriation for the improvement (Jfi^j) 3 19 

of a certain channel in PLYMOUTH HARBOR. 

Be it enacted, etc., as follows: 

Section 1. The sum of five thousand dollars is hereby pl'^moulr 
appropriated, to be paid out of the treasury of the common- iiarbor. 
wealth from the ordinary revenue, for expenses in connec- 
tion 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 appropri- 
ated for this purpose. 

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

Approved April 20, 1911. 



274 



Acts, 1911. — Chaps. 320, 321. 



(7/i«p.320 An Act making appropriations for payment of state 

AND MILITARY AID AND EXPENSES IN CONNECTION THERE- 
WITH. 



Api)r()pria- 
tioiis. 



State and 
military aid. 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of tlie common- 
wealth from the ordinary revenue, for the department of 
state and mihtary aid, for the fiscal year ending on the 
thirtieth day of November, nineteen hundred and eleven, 
to wit: — 

For reimbursing cities and towns for money paid on 
account of state and military aid to Massachusetts volun- 
teers and their families, a sum not exceeding eight hundred 
and forty thousand dollars, the same to be paid on or before 
the fifteenth day of November in the year nineteen hundred 
and eleven. 

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

For the salary of the deputy commissioner two thousand 
dollars. 

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

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

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

For incidental and contingent expenses, to include neces- 
sary travel, a sum not exceeding twenty-three hundred dol- 
lars. 

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

Approved April 20, 1911. 

Chap.'.]21 An Act making an appropriation for the Massachu- 
setts state firemen's association. 

Be it enacted, etc., as follows: 

Section 1. The sum of fifteen thousand dollars is hereby 
a])propriatcd, to be })ai(l out of the treasury of the common- 
wealth from the ordinary revenue, for the Massachusetts 
State Firemen's Association, as provided for by cha})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 })assage. 

Approved April 20, 101 1, 



Commissioner 
of state aid, 
etc. 

Deputy. 



Agents. 
Bookkeeper. 

Clerks. 

Expenses. 



Massachusetts 
State 
Firemen's 
Association. 



Acts, 1911. — Chaps. 322, 323. 275 



An Act to authorize the appointment of an officer Cliap.^'22 

FOR attendance UPON THE SUPERIOR COURT FOR THE 
COUNTY OF WORCESTER AND TO ESTAHLISII JUS SALARY. 

Be it enacted, etc., as follows: 

Section 1. Tlic sheriff of the county of Worcester may Appointmont 
aj^point, subject to th(^ approval of th(> justices of the superior ■'„ wo'IccL'tcr 
court or of a majority thereof, an ofHcer for attendance on '^"""•^y- 
the sessions of the said court for civil or criminal business. 

Section 2. The said officer shall receive from the county Componsa- 
of Worcester an annual salary of seventeen hundred dollars *'""" 
in full for all his services, and ten cents a mile for travel 
out and home once a week durin<j[ his attendance at court, 
when the distance exceeds five miles one way. 

Section 3. The i)rovisions of sections seventy-four, dMnm pro- 
seventy-seven and seventy-eight of chapter one hundred hi'w'trHppiy. 
and sixty-five of the Revised Laws and chapter one hundred 
and forty-seven of the acts of the year nineteen hundred and 
six shall api)ly to the ofHcer named in section one. 

Section 4. All acts and parts of acts inconsistent here- itopeai. 
with are hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Approved April 21, 1011. 



An Act to authorize the roston and northern street C/fap.'\2'S 

RAILWAY COMPANY TO PURCHASE THE FRANCHISE AND 
PROPERTY OF T[IE OLD COLONY STREET RAILWAY COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The Boston and Northern Street Railway Oonsoiida- 
Comi)any may purchase the franchise and pro])erty of the },','|", "[..'.^.J,' 
Old Colony Street Railway Company, and the Old Colony |^'^X„'^"'- 
Street Railway (^ompany may sell and convey its franchise 
and property to the Boston and Northern Street Railway 
Company: provided, that the facilities for travel on the rail- Proviso. 
way of each of said companies shall not thereby be dimin- 
ished or the rates of fare increased; but such purchase and 
sale shall not be valid or binding until its terms have been 
agreed to by a majority of the directors, and have been ap- 
proved at meetings called for the i)urpose by a vote of two 
thirds in interest of the stockholders of each of the contract- 
ing companies, and by the board of railroad commissioners, 
as required by section sixty-seven of Part I of chapter four 
hundred and sixty-three of the acts of the year nineteen 



276 Acts, 1911. — Chap. 323. 

hundred and six, as amended by section seven of chapter 
five hundred and eighty-five of the acts of the year nineteen 
hundred and seven; and said purchasing company shall have 
the powers and privileges and be subject to the duties, liabili- 
ties and restrictions of the Old Colony Street Railway Com- 
pany and shall further be subject to all provisions of general 
law now or hereafter in force, not inconsistent with the 
provisions of this act. 
^"'■|"5'*i''*l"cij Section 2. For the purpose of making the purchase afore- 
etc. ■ said, and to enable it to carry into effect the agreement 

therefor, the Boston and Northern Street Railway Company 
may, subject to the provisions of section one hundred and 
seven of Part III of chapter four hundred and sixty-three 
of the acts of the year nineteen hundred and six, increase 
its capital stock, in addition to any increase thereof which 
it may now or hereafter be authorized to make, by such 
amount of common and preferred capital stock not exceed- 
ing in the aggregate the amounts of the common and preferred 
capital stock of the Old Colony Street Railway Company 
issued and outstanding at the date of the said purchase, as 
shall be deemed by the board of railroad commissioners 
reasonably necessary for the purpose of acquiring the fran- 
chise and property of said last named corporation, and may 
issue and dispose of said additional stock as required by said 
agreement, and may exchange the same or any part thereof 
for the stock, or any part thereof, of the last named corpora- 
tion, and may issue the same to the stockholders of said 
last named corporation in exchange for and on surrender 
of the certificates evidencing their shares of the capital 
stock of said last named corporation, upon such basis as 
shall be agreed to in the agreement of purchase between 
the two companies, and as shall be appro^'ed by said rail- 
road commissioners. Said purchasing corporation may make 
any portion of its capital stock issued under authority hereof 
preferred stock, having the same preferences and voting 
powers and subject to the same restrictions and qualifica- 
tions as have heretofore been fixed and determined by said 
cori)oration with respect to its preferred stock heretofore 
issued under authority of chapter four hundred and forty- 
one of the acts of the year nineteen hundred and two, or 
having such preferences, voting powers, and rights, and 
being subject to such qualifications and to such restrictions 
and limitations as may be prescribed in said agnnMucnt and 
api)roved by the railroad commissioners for both the exist- 



Acts, 1911. — Chap. 323. 277 

ing and any additional preferred stock of said company; 
subject, however, to the right of dissenting holders of exist- 
ing preferred stock to have their stock valued and purchased 
as provided in section three of this act. The issue of any 
preferred stock under authority hereof shall also be subject 
to the limitation tliat the aggregate amount thereof, together 
with the amount of preferred stock theretofore issued by 
said company, shall not exceed at any time the aggregate 
amount of its common stock issued and outstanding; but 
the amount of said company's preferred stock may from 
time to time, and subject to the limitation aforesaid, be 
increased by vote of two thirds in interest of its common 
stockholders, for any purposes for which said company may 
be authorized by law to issue capital stock, and by such 
amounts as the board of railroad commissioners may from 
time to time approve. Every certificate of preferred stock 
issued under authority hereof, and every certificate of com- 
mon stock issued after the approval by said board of the terms 
of said purchase and sale shall contain a reference to the 
agreement of purchase and a brief description of the pro- 
visions therein contained which prescribe the preferences, 
voting powers and rights, and the qualifications thereof, and 
the other limitations and restrictions of said preferred stock. 
A copy of said agreement of purchase shall be filed and re- 
tained in the office of the board of railroad commissioners, 
and a copy shall be similarly filed in the office of the commis- 
sioner of corporations. 

Section 3. P^very stockholder of both the purchasing Assent of 
and selling corporation shall be deemed to assent to the etc? '° ^^^' 
terms of any purchasing agreement authorized by section 
one of this act, when approved by the board of railroad 
commissioners, unless, within thirty days after the date of 
such approval he shall file with the clerk of said board a 
writing, declaring his dissent from said terms and stating 
the number of shares held by him and the number of the 
certificate or certificates evidencing the same: provided, how- Proviso. 
ever, that as against any stockholder under any legal incapac- 
ity to act for himself and having no legal guardian, said 
period of thirty days shall not begin to run until the removal 
of such incapacity by the appointment of a legal guardian 
or otherwise. The shares of any stockholder so dissenting 
shall be acquired by the purchasing corporation, and shall 
be valued and the value thereof shall be paid or tendered 
to, or deposited for account of, such stockholder in the man- 



278 Acts, 1911. — Chap. 323. 

Assent of ner following : — within sixty days after the fihng by any stock- 

Itc? " *""■ holder as above provided of his dissent from the terms of 
such sale the purchasing corporation or the dissenting stock- 
holder, shall file a petition with the supreme judicial court, 
sitting within and for any county in which said company 
operates any part of its railway, setting forth the material 
facts and praying that the value of such dissenting stock- 
holder's shares may be determined. The petition may be 
removed, upon application by the dissenting stockholder, to 
the county in which he resides. Thereupon, after such no- 
tice to all parties concerned as it may deem proper, said 
court shall make an order requiring the dissenting stock- 
holder's certificate or certificates of stock to be deposited 
with the clerk of said court, and shall appoint three commis- 
sioners to ascertain and report the value of the dissenting 
stockholder's shares on the day of the approval by the board 
of railroad commissioners of the terms of the purchasing 
agreement. Said report shall be made to the court as soon 
as practicable, and, after due notice to the parties in inter- 
est, shall be accepted by the court, unless before such accept- 
ance either of the parties to said proceeding shall claim a 
trial by jury, in which case the court shall order the value 
of the shares to be tried and determined by a jury in the 
manner in which other civil cases are tried by said court. 
The said commissioners' report, or the verdict of the jury, 
when accepted by the court, shall be final and conclusive 
as to the value of the dissenting stockholders' shares, and 
the amount so ascertained as such value shall at once be 
paid or tendered to such stockholders; or, if such payment 
or tender be for any cause impracticable, shall be ])aid into 
court. Upon such payment or tender or deposit, the shares 
of the dissenting stockholders, and the certificate or cer- 
tificates thereof shall become the property of the purchasing 
corporation, whose right and title thereto may be enforced 
by the court by any appropriate order or process. Excep- 
tions may be taken to any ruling or order of said court, to 
be heard and determined by the full court as in other civil 
cases. And said court may make all such orders for the 
enforcement of the rights of any party to the proceedings, 
for the consolidation of two or more petitions and their 
reference to the same connnissioners, for the consolidation 
of claims for a jury trial, and the trial of two or more cases 
l)y the same jury, and for the i)aynient of interest upon the 
value of a stockholder's share as determined, and the pay- 



Acts, 1911. — Chap. 323. 279 

ment of costs by one party to the other, as justice and equity 
and the speedy settlement of the matters in controversy may 
require. 

Section 4. The Boston and Northern Street Railway May issue 
Company, after the completion of the purchase authorized '"" ^' ^ ''' 
by section one of this act, may, as successor to the Old Col- 
ony Street Railway Company, issue from time to time the 
bonds, unissued at the date of such purchase, secured by 
the mortgage of July first, nineteen hundred and four, from 
said last named company to the Old Colony Trust Company, 
in the same manner and for the same purposes as such bonds 
under the terms of said mortgage and of the laws applicable 
thereto could have been issued by the Old Colony Street 
Railway Company, and said last named company may, 
prior to the completion of said purchase, and the Boston 
and Northern Street Railway Company may, at any time 
subsequent thereto, and from time to time, make a supple- 
mentary mortgage or mortgages of all or any parts of the 
franchise and property of, or acquired from, the Old Colony 
Street Railway Company or purchased in whole or in part 
with the proceeds of any of the bonds, as additional security 
for the bonds secured by the mortgage above mentioned. 
The Boston and Northern Street Railway Company may 
also make a similar supplementary or confirmatory mort- 
gage or mortgages of all or any parts of its own franchise 
and property existing at or prior to the date of said purchase 
and of subsequent additional property acquired by it (other 
than that acquired from, or as additional to the property 
acquired from, the Old Colony Street Railway Company, or 
with the proceeds of bonds secured by said mortgage first 
above mentioned), to further secure the bonds, dated July 
first, nineteen hundred and four, issued or to be issued under 
a mortgage of said date by said Boston and Northern Street 
Railway Company to the Adams Trust Company as trus- 
tee, under which mortgage the American Trust Company 
is now the trustee, and may, subsequent to said purchase, 
issue from time to time, in the same manner and for the same 
purposes as if said purchase had not been made, the bonds 
unissued at the date of said purchase and secured by said 
mortgage last above referred to. If, at the date of the 
approval by the board of railroad commissioners of the terms 
of the purchase authorized by section one of this act said 
purchasing company was included in the last list of street 
railway companies certified and transmitted by said com- 



280 Acts, 1911. — Chap. 323. 

missioners to the bank commissioner prior to the date of 
sai(i approval, under the provisions of chapter five hundred 
and ninety of the acts of the year nineteen hundred and 
eight, and of the acts in amendment thereof and in addition 
thereto, said company shall continue to be entitled to be 
so certified, so long as it earns and appears from returns 
made by it to the board of railroad commissioners to have 
properly paid in each year thereafter dividends of at least 
five ])cr cent upon all its outstanding capital stock; but such 
certification shall not apply to any bonds of the Old Colony 
Street Railway Company, or to any bonds issued by said 
purchasing company after the date of said approval except 
those to be issued under said mortgage last aboA'e referred 
to, until the certification and transmission by the railroad 
commissioners to the bank commissioner of such list next 
following the thirtieth day of June in the year nineteen 
hundred and thirteen. The record of any such supplemen- 
tary mortgages or other instruments of fiu'ther assurance in 
each registry of deeds in the district in which any of the rail- 
way or real property described in such supplementary mort- 
gage is situated shall be sufficient for all purposes. 
Same SECTION 5. After the purchase authorized by this act, 

the Boston and Northern Street Railway Company, having 
first by appropriate action of a majority of its stockholders 
executed and filed with the proper trust company a termina- 
tion of its right to issue any additional bonds under either 
or both of the mortgages referred to in the preceding section, 
under which there may remain any balance of bonds unissued 
may, for the purpose of paying, refunding, consolidating or 
retiring at or before their respective maturities, the whole 
or any part of the bonds and other funded indebtedness 
theretofore issued by it or by the Old Colony Street Railway 
Company, or by any company to the franchise and property 
of which either of said companies has succeededi:)y purchase 
or consolidation, all of which purchases and consolida- 
tions are hereby ratified and confirmed, and for any other 
lawful j)urposes under the laws of this commonwealth, and 
for any of said purposes, but subject to the provisions of 
section one hundred and seven of Part III of chaj^ter four 
hundred and sixtv-three of the acts of the vear nineteen hun- 
dred and six, by vote of a majority in interest of its stock- 
holders at a meeting called for the ])urpose, issue coupon or 
registered bonds })ayable within ])eriods not exceeding fifty 
years from the date thereof, and bearing interest at a rate 



Acts, 1911. — Chap. 323. 281 



not exceeding five per cent per annum, and may make a 
mortgage or pledge as security for the payment of such bonds, 
of any part or all of its railway, equipment, franchise, and 
real, personal and other property, including in whole or in 
part property thereafter to be acquired, upon such terms and 
containing such provisions as may by vote of the stockholders 
be approved, or as may be fixed and adopted by the directors 
under authority of a vote of the stockholders; and may in 
such mortgage provide for the future issue thereunder from 
time to time of additional bonds to be secured thereby 
equally with those originally issued thereunder, to such an 
aggregate amount as may by the said vote of its stockholders 
be determined: provided, however, that the aggregate amount Provisos, 
of bonds at any time issued and outstanding thereunder, as 
a liability of said company, other than such bonds as may be 
deposited with a trust company as hereinafter provided for 
the purpose of paying, refunding, consolidating or retiring 
other bonds, or for providing means so to do shall not exceed, 
with the amount of any outstanding bonds issued by the 
said company or by any other company to the franchise and 
property of which said company shall have succeeded as 
aforesaid, the amount of the issued and outstanding capital 
stock of the company, determined as provided in chapter 
six hundred and twenty of the acts of the year nineteen hun- 
dred and eight; and provided, that any bonds, or the pro- 
ceeds arising from the sale thereof, authorized or issued for 
the purpose of paying, refunding, consolidating or retiring 
other bonds, or funded indebtedness shall, to an amount 
equal at the par value thereof to the amount of such indebted- 
ness so to be paid, refunded, consolidated or retired, be 
deposited with such trust company incorporated and doing 
business in this commonwealth, and under such terms as 
to the deposit and withdrawal thereof to be stated in said 
mortgage, as shall be approved by the board of railroad 
commissioners. All the provisions of sections forty-nine to 
fifty-six of Part II of chapter four hundred and sixty-three 
of the acts of the year nineteen hundred and six shall apply 
to any bonds issued and any mortgages made hereunder, 
and no bond shall be issued until approved by some person 
or corporation appointed by the railway company for that 
purpose, who shall certify upon it that it is properly issued 
and recorded. The record, in the manner and within the Record to be 
time provided by law for the record of mortgages of real co^stitutVa 
estate, of any mortgage made under authority of this section ''«°' ^^c- 



282 



Acts, 1911. — Chap. 324. 



Cliap.^2^ 



Appropria- 
tions. 



Beverly. 

Boston. 

Brockton. 

Cambridge. 

Cliicopee. 

Ijawrcnce. 

Montague. 

Natick. 

New Bedford. 

Pittsficld. 

Taunton. 



and of any mortgage supplementary thereto, in the registry 
of deeds for each county and each district of any county 
in which any part of the railway or real property in said mort- 
gage described is situated, shall be sufficient for all purposes 
to create a valid lien under said mortgage, both as a mort- 
gage of real and personal property. 

Approved April 22, 1911. 

An Act making appropriations for the maintenance 
of certain independent industrial schools. 

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 meeting the common- 
wealth's proportion of the cost of maintaining independent 
industrial schools in certain cities and towns for the period 
prior to July first, nineteen hundred and ten, under the au- 
thority of section five of chapter five hundred and five of the 
acts of the year nineteen hundred and six, as amended by 
chapter five hundred and forty of the acts of the year nine- 
teen hundred and nine, to wit : — 

To the city of Beverly, the sum of one thousand five 
hundred fifteen dollars and fifty-two cents. 

To the city of Boston, the sum of thirteen thousand five 
hundred twenty- three dollars and six cents. 

To the city of Brockton, the sum of one thousand two 
hundred sixteen dollars and fifty-two cents. 

To the city of Cambridge, the sum of three thousand one 
hundred fifty-eight dollars and seventy cents. 

To the city of Chicopec, the sum of six hundred thirty 
dollars and eightv-two cents. 

To the city of Lawrence, the sum of seven thousand five 
hundred thirty-six dollars and four cents. 

To the town of Montague, the sum of two thousand two 
liundrod three dollars and eighty-four cents. 

To the town of Natick, the sum of seventy-seven dollars 
and seventy cents. 

To the city of New Bedford, the sura of seven thousand 
eight hundred forty-six dollars and forty-five cents. 

To the city of Pittsficld, the sum of two hundred eighty- 
six dollars and four cents. 

To the city of Taunton, the sum of two hundred thirty- 
eight dollars and ninety cents. 



Acts, 1911. — Chap. 324. 283 

To the town of Walpole, the sum of sixty-one dollars and Waipoie. 
seventy-three cents. 

To the city of Worcester, the sura of three thousand six Worcester. 
hundred seventy dollars and forty-eight cents. 

For the period between July first and November thirty, 
nineteen hundred and ten, due the following cities and 
towns, to wit: — 

To the city of Beverly, the sum of seven hundred eighty- Beverly, 
six dollars and seventeen cents. 

To the city of Boston, the sum of four thousand three Boston. 
hundred ten dollars and ninety-one cents. 

To the city of Brockton, the sum of three hundred fifty- Brockton. 
three dollars and ninety-six cents. 

To the city of Cambridge, the sum of one thousand nine- Cambridge. 
teen dollars and fifty-six cents. 

To the city of Chicopce, the sum of four hundred fifty-six ciucopee. 
dollars and eighty-four cents. 

To the city of Lawrence, the sum of three thousand three Lawrence. 
hundred ninety-four dollars and sixty-eight cents. 

To the town of Montague, the sum of eight hundred thirty- Montague. 
eight dollars and ten cents. 

To the city of New Bedford, the sum of three thousand New Bedford. 
one hundred sixteen dollars and fifty-nine cents. 

To the city of Taunton, the sum of two hundred thirteen Taunton. 
dollars and eighty-seven cents. 

To the city of Worcester, the sum of three thousand nine Worcester. 
hundred fifty-four dollars and thirty-six cents. 

For one half the tuition of pupils attending the Boston Boston Trade 
Trade School for Girls during the school year nineteen hun- GhK 
dred and nine to nineteen hundred and ten, due the following 
cities and towns, to wit: — 

To the town of Belmont, the sum of eighteen dollars and Beimont. 
fourteen cents. 

To the town of Brookline, the sum of forty-two dollars Brookiine. 
and fourteen cents. 

To the city of Cambridge, the sum of two hundred seventy- Cambridge. 
five dollars and forty-nine cents. 

To the town of Dedham, the sum of fifty-four dollars and cedham. 
ninety-four cents. 

To the city of Everett, the sum of sixty-seven dollars and Everett, 
eighty-seven cents. 

To the town of Hudson, the sum of six dollars. Hudson. 

To the city of Lynn, the sum of thirty-eight dollars and ^y°"- 
fourteen cents. 



284 



Acts, 1911. — Ciiap. 324. 



Maiden. 

Melrose. 

Milton. 

Newton. 

Quincy. 

Sharon. 

Somerville. 

Wakefield. 

Westwood. 

Winchester. 

Lawrence 
Industrial 
School. 

Andover. 

Draciit. 
Haverhill. 

Methuen. 



North 
Andover. 

North 
Reading. 

MontaRue 
Agricultural 
high school. 



Erving. 
Leverett. 

Sunderland. 

Wendell. 



To the city of Maiden, the sum of twenty-one dollars and 
thirty-four cents. 

To the city of Melrose, the sum of thirty-eight dollars and 
fourteen cents. 

To the town of Milton, the sum of eight dollars and eighty 
cents. 

To the city of Newton, the sum of thirty-eight dollars and 
fourteen cents. 

To the city of Quincy, the sum of seventeen dollars and 
forty-seven cents. 

To the town of Sharon, the sum of sixty-four dollars and 
twenty-seven cents. 

To the city of Somerville, the sum of two hundred twenty- 
three dollars and five cents. 

To the town of Wakefield, the sum of thirty-eight dollars 
and fourteen cents. 

To the town of Westwood, the sum of twenty-nine dollars 
and forty-seven cents. 

To the town of Winchester, the sum of two dollars. 

For one half the tuition of pupils attending the Lawrence 
Industrial School during the school year nineteen hundred 
and nine to nineteen hundred and ten, due the following 
city and towns, to wit: — 

To the town of Andover, the sum of thirty-seven dollars 
and fifty cents. 

To the town of Dracut, the sum of fifteen dollars. 

To the city of Haverhill, the sum of one hundred and 
ninety-five dollars. 

To the town of Methuen, the sum of four hundred and 
fifty dollars. 

To the town of North Andover, the sum of three hundred 
and fifty dollars. 

To the town of North Reading, the sum of thirty-three 
dollars and seventy-five cents. 

For one half the tuition of ynipils attending the INIontague 
Agricultural high school during the school year nineteen iiun- 
dred and nine to nineteen hundred and ten, due the follow- 
ing towns, to wit: — 

To the town of Erving, the sum of thirty dollars. 

To the town of Leverett, the sum of one hundred forty- 
two dollars and fifty cents. 

To the town of Sunderland, the sum of one hundred and 
eleven dollars. 

To the town of Wendell, the sum of thirty dollars. 



Acts, 1011. — Chap. 321. 285 

For one half the tuition of pupils attending the New Bed- fn^,^rfir*^ 
ford Industrial School during the school year nineteen hun- school. 
dred and nine to nineteen hundred and ten, due the 
following towns, to wit : — • 

To the town of Fairhaven, the sum of sixty-seven dollars Fairhaven. 
and fifty cents. 

To the town of Marion, the sum of seventeen dollars and Marion. 
fifty cents. 

To the town of Rochester, the sum of sixty-seven dollars Rochester. 
and fifty cents. 

For one half the tuition of pupils attending the Smith Smith 
Agricultural School during the school year nineteen hundred sfhooi. ^^^ 
and nine to nineteen hundred and ten, due the following 
towns, to wit: — 

To the town of Adams, the sum of fifty dollars. Adams. 

To the town of Amherst, the sum of two hundred dol- Amherst. 
lars. 

To the town of Ashfield, the sum of fifty dollars. Ashfieid. 

To the town of Charlemont, the sum of fifty dollars. chariemont. 

To the town of Chester, the sum of fifty dollars. Chester. 

To the town of Chesterfield, the sum of fifty dollars. chesterfield. 

To the town of Deerfield, the sum of seventy dollars. Deerfieid. 

To the town of Greenfield, the sum of seventeen dollars Greenfield. 
and fifty cents. 

To the town of Hadley, the sum of eighty-five dollars. Hadiey. 

To the town of Hatfield, the sum of one hundred sixty- Hatfield. 
seven dollars and fifty cents. 

To the town of Plainfield, the sum of seventeen dollars piainfieid. 
and fifty cents. 

To the town of Southwick, the sum of sixtv-seven dollars Southwick. 
and fifty cents. 

To the town of Westhampton, the sum of three hundred Westhampton. 
five dollars and seventy-two cents. 

To the town of Whately, the sum of fifty dollars. Whateiy. 

To the town of Williamsburg, the sum of one hundred two wiuiamsburg. 
dollars and fifty cents. 

For one half the tuition of pupils attending the Worcester Worcester 
Trade School during the school year nineteen hundred and school. 
nine to nineteen hundred and ten, due the following towns, 
to wit: — 

To the town of Leicester, the sum of eleven dollars and Leicester. 
twenty-five cents. 

To the town of Paxton, the sum of thirty-nine dollars and Paxton. 
thirty-eight cents. 



28G Acts, 1911. — Chaps. 325, 326. 

Shrewsbury. rp^ ^^^^ town of Shrcwsbury, the sum of eleven dollars and 
twenty-five cents. 
Section 2. This act shall take effect upon its passage. 

Apjjwved April 24, 1011. 

ChapSy^ib An Act to provide for the giving of bonds in blasting 

OPERATIONS. 

Be it enacted, etc., as follows: 

bdniil^in^ Section 1. Before the issue of a permit to use an explo- 

biastiiig op- sive in the blasting of rock or any other substance as pre- 
erd ions. scribcd by the detective and fire inspection department of 

the district police, the applicant for the i)ermit shall file 
with the clerk of the city or town in which the blasting is 
to be done, a bond running to the city or town with a surety 
or sureties approved by the treasurer thereof, for such penal 
sum not exceeding ten thousand dollars as the chief of the 
district police or the official granting the permit shall deter- 
mine to be necessary in order to cover the risk or damage 
that might ensue from the blasting. The bond shall be 
conditioned upon the payment of any loss, damage or injury 
resulting to persons or property by reason of the use or 
keeping of said explosive. 
Action on SECTION 2. Actiou ou a bond filed under the provisions 

of this act may be brought by any persons to whom loss, 
damage or injury has resulted by reason of the use or keep- 
ing of said explosive, and shall be brought in the names of 
and for the use and at the cost and expense of such persons, 
but in no event shall action be brought on the bond for in- 
jury to the person of an employee of the person receiving 
the permit. If claims on any bond are established to an 
amount greater than the penal sum thereof, such claims shall 
be paid pro rata to the amount of the penal sum, and execu- 
tions shall issue accordingly. 
Section 3. This act shall take effect upon its passage. 

Approved April 24, 1011. 

Chap.ii2{j An Act to change the medical department of the 

MILITIA SO AS TO CONFORM WITH THE REQUIREMENTS OF 
THE UNITED STATES GOVERNMENT. 

Be it enacted, etc., as folloivs: 

l^-'^o'vu-'^' Section 1. Section twenty of cha])ter six hundred and 

umfAded." four of tlic Ects of tlic year nineteen hundred and eight, as 



Acts, 1911. — Chap. 327. 



287 



Medical 
corps. 



Hospital 
corps. 



amended by chapter two hundred and twenty-eight of the 
acts of the year nineteen hundred and ten, is hereby further 
amended in the clause headed "The medical department 
shall consist of", by striking out after the words "brigadier 
general", in the second line, the remainder of that clause 
and all of the following clause, and inserting in place thereof 
the following: — 

A medical corps consisting of : — 
11 majors; 

10 captains; 
23 first lieutenants. 

A hospital corps consisting of: — 
8 sergeants (first class) ; 
26 sergeants; 
72 privates (first class) ; 

60 privates, — so that the clause will read 
follows : — 

The medical department shall consist of: — 

(a) 1 surgeon general with the rank of brigadier general, '^'^I'artment, 

(b) A medical corps consisting of: — 

11 majors; 
10 captains; 

23 first lieutenants. 

(c) A hospital corps consisting of: — Hospital 

8 sergeants (first class) ; 
26 sergeants; 
72 privates (first class) ; 
60 privates. 
Section 2. This act shall take effect upon Its passage. 

Approved April 24, 1911. 



as 



Medical 



corps. 



An Act to establish the boundary line between the nj^f^^y 327 

TOWNS OF COLRAIN AND LEYDEN. ^ * 

Be it enacted, etc., as follows: 

Section 1. The following described line shall hereafter Boundary 
be the boundary line between the towns of Colrain and t'he'^towns of 
Leyden: — Beginning at a granite monument standing about ^eyden.**"*^ 
four hundred feet east of Green river at the present corner 
of the towns of Colrain and Leyden, in Massachusetts, and 
the town of Guilford in Vermont, in latitude forty-two 
degrees, forty-three minutes, fifty-eight and seventy-nine 
hundredths seconds north, and longitude seventy-two de- 
grees, forty minutes, thirty and sixty hundredths seconds 



288 



Acts, 1911. — Chap. r>28. 



west; thence south eight degrees, twenty-one minutes, thirty 
seconds cast, true bearing, about thirty-eight buTidred and 
twenty feet to a point on the westerly bank of Green river; 
thence in a general southerly and easterly direction, follow- 
ing the westerly bank of Green river, about forty thousand 
feet to its intersection with the northerly boundar}- line of 
the town of Greenfield at a point north eighty-one degrees 
nine minutes east, true bearing, and about twenty-five feet 
distant from a stone monument in latitude forty-two degrees, 
thirty-eight minutes, fort.y-eight and eighty-nine hundredths 
seconds north, and longitude seventy-two degrees, thirty- 
seven minutes, sixteen and ninety hundredths seconds west, 
standing on the westerly bank of the river about two hundred 
and ten feet northwest of the bridge over the river near the 
memorial monument to Mrs. Williams. 
Section 2. This act shall take effect upon its passage. 

Approved April 24, 1011. 



n. L. 98, § 3, 

etc., 

amended. 



Chap.328 An Act relative to the sale of kosher meat on the 

lord's day. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter ninety-eight of the 
Revised Laws, as amended by chapter four himdred and 
fourteen of the acts of the year nineteen hundred and two, 
by chapter one hundred and twenty-six of the acts of the 
year nineteen hundred and eight, and by chapter two him- 
dred and seventy-three of the acts of the year nineteen 
hundred and eight, is hereby further amended by inserting 
after the word "them", in the twenty-ninth line, the fol- 
lowing: — nor the selling of kosher meat by any person ^aIio, 
according to his religious belief, observes Saturday as the 
Lord's day by closing his place of business during the day 
until six o'clock in the evening; and such person may open 
his place of business on the Lord's day for the sale of kosher 
meat between the hours of six o'clock in the morning and ten 
o'clock in the morning, — so as to read as follows: — Sec- 
tion 3. The provisions of the preceding section shall not be 
held to prohibit the manufacture and distribution of steam, 
gas or electricity for illuminating purposes, heat or nu)ti\e 
power, nor the distribution of water for fire or domestic 
purposes, nor the use of the telegraph or the telephone, nor 
the retail sale of drugs and medicines, nor articles ordered 



Crrtain 
liUHiness not 
prohibited. 



Acts, 1911. — CiiAr. 329. 289 

by the prescription of a physician or mechanical appliances certain busi- 

,. i.*/ ^ ^ ^ I16SS not Dro- 

used by physicians or surgeons, nor the retail sale of tobacco hibited. 
in any of its forms by licensed innholders, common victuallers, 
druggists and newsdealers whose stores are open for the sale 
of newspapers every day in the week, nor the retail sale of 
ice cream, soda water and confectionery by licensed inn- 
holders and druggists, and by such licensed common victual- 
lers as are not also licensed to sell intoxicating liquors and who 
are authorized to keep open their places of business on the 
Lord's day, nor the letting of horses and carriages or of 
yachts and boats, nor unpaid work on yachts and pleasure 
boats, nor the running of steam ferry boats on established 
routes, nor the running of street railway cars, nor the prep- 
aration, printing and publication of newspapers, nor the 
sale and delivery of newspapers, nor the wholesale or retail 
sale and delivery of milk, nor the transportation of milk, 
nor the making of butter and cheese, nor the keeping open 
of public bath houses, nor the making or selling by bakers 
or their employees, before ten o'clock in the morning and 
between the hours of four o'clock and half past six o'clock 
in the evening, of bread or other food usually dealt in by 
them, nor the selling of kosher meat by any person who, 
according to his religious belief, observes Saturday as the 
Lord's day by closing his place of business during the day 
until six o'clock in the evening; and such person may open 
his place of business on the Lord's day for the sale of kosher 
meat between the hours of six o'clock in the morning and ten 
o'clock in the morning, nor the carrying on of the business 
of bootblacks before eleven o'clock in the forenoon, nor the 
digging of clams or the icing and dressing of fish. 

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

Ayjproved April 24, 1911. 



An Act to provide for the examination of corpora- ni^f,^ qoo 

TIONS and other ORGANIZATIONS HAVING CERTAIN FINAN- ^ ' 

CIAL relations with INSURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Section six of chapter five hundred and seventy-six of the 1907, 576, 
acts of the year nineteen hundred and seven is hereby ^ ^' amended, 
amended by adding at the end thereof the following: — If Reinsurance. 
It shall appear upon examination that any insurance com- 
pany has entered into an agreement with a corporation, 



290 



Acts, 1911. — Chap. 329. 



Reinsurance. 



Investigation 
of charges. 



May summon 
and examine 
witnesses, 
etc. 



domestic or foreign, or other organization whereby such 
corporation or organization has undertaken except by re- 
insurance to be responsible for the whole or any part of 
the expenses, liabilities or other obligations appertaining to 
the transaction of business by such insurance company for the 
consideration that such insurance company shall become 
liable to such corporation or organization for a part of said 
insurance company's income, assets or profits, the insurance 
commissioner may at his discretion examine or cause to be 
examined such corporation or organization and may thor- 
oughly investigate its affairs to ascertain its jBnancial con- 
dition, its abihty to fulfil its obligations to the insurance 
company and any other facts relating to its business methods 
and management, and shall set forth in a report his findings 
so far as they affect the financial condition of the insurance 
company, which report shall be a public record. The per- 
son authorized by the insurance commissioner to make such 
examination shall have free access to all the assets of the 
corporation or other organization for the purpose of verifica- 
tion and to all the books and papers which relate to its 
business and to the books and papers of its representatives. 

If it shall appear to the insurance commissioner from 
charges filed with him setting forth the facts imder oath 
that unwarranted and misleading statements, estimates and 
promises are being made and excessive compensation allowed 
for promoting the sale in this commonwealth of stock for 
establishing new insurance companies, domestic or foreign, 
the commissioner shall investigate said charges, or may act 
on his own initiative in making such investigations, and shall 
make a record in his department of his findings in relation 
thereto. 

The insurance commissioner or the person authorized by 
the insurance commissioner to make the examinations or 
investigations provided for by this act may summon and 
examine under oath any person who, he believes, has knowl- 
edge of the affairs, transactions or circumstances which are 
being investigated; and whoever, without justifiable cause, 
neglects upon due summons to appear and testify before 
the insiu'ance commissioner or his authorized rejiresentative, 
and whoever obstructs said commissioner or said rej^resent- 
ative in making investigations hereunder, shall be punished 
by a fine not exceeding one thousand dollars or by imprison- 
ment for not more than one year. 

Approved April 2Jf, 1011. 



Acts, 1911. — Chaps. 330, 331. 291 



An Act to establish the boundary line between the (JJki^j qqq 

TOWNS OF NORTH BROOKFIELD AND NEW BRAINTREE. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The following described line shall hereafter Boundary 
be the boundary line between the towns of North Brookfield IhTtowns^o? 
and New Braintree : — Beginning at a granite monument field an^Tew 
standing in latitude forty-two degrees, eighteen minutes, Braintree. 
thirty-one and forty-eight hundredths seconds north, and 
longitude seventy-two degrees, two minutes, twenty-nine 
and ninety hundredths seconds west, at the corner of the 
towns of New Braintree, North Brookfield, Oakham and 
Spencer; thence south eighty-three degrees, thirty-one min- 
utes west, true bearing, twenty thousand seven hundred and 
seventy-two feet to a granite monument standing about two 
hundred feet west of a road leading northerly to New Brain- 
tree and at an angle in the present boundary line; thence 
south thirty-six degrees, fifty-one minutes west, true bearing, 
five thousand four hundred and sixty-two feet to a granite 
monument standing about thirty feet south of a highway at 
an angle in the present boundary line; thence south twenty- 
three degrees, two minutes west, true bearing, three thou- 
sand six hundred and six feet to a granite monument stand- 
ing in the line between New Braintree and West Brookfield, 
on the easterly side of the road leading from New Braintree 
to West Brookfield, and in latitude forty-two degrees, six- 
teen minutes, fifty-two and thirty hundredths seconds north, 
and longitude seventy-two degrees, eight minutes, six and 
ninety hundredths seconds west. 

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

Approved April 24, 1911. 

An Act to establish the boundary line between the ni.nrn 331 

TOWNS OF north BROOKFIELD AND WEST BROOKFIELD. ' 

Be it enacted, etc., as follows: 

Section 1. The following described line shall hereafter Boundary 
be the boundary line between the towns of North Brookfield {'u'lftowns^of 
and West Brookfield : — Beginning at a granite monument field aM^West 
standing in the line between New Braintree and West Brook- Brookfield. 
field, on the easterly side of the road leading from New 
Braintree to West Brookfield, and in latitude forty-two 
degrees, sixteen minutes, fifty-two and thirty hundredths 
seconds north, and longitude seventy-two degrees, eight 



292 



Acts, 1911. — Chap. 332. 



Boundary 
line between 
the towns of 
North Krook- 
field and West 
Brookfield. 



minutes, six and ninety hundredths seconds west; thence 
south seventy-nine degrees, forty-eight minutes east, true 
bearing, four thousand seven hundred and ninety-one feet 
to a granite monument standing on a wooded hill at an angle 
in the present boundary line; thence south twenty degrees, 
twenty-three minutes west, true bearing, five thousand nine 
hundred and sixty-five feet to a point at a junction of walls 
about five hundred and twenty-five feet east of the ^Vigwam 
road, so-called; thence south thirty-eight degrees, nineteen 
minutes east, true bearing, five thousand one hundred and 
twenty-nine feet to a point three feet south of a wall and 
about five hundred and seventy feet southeasterly from a 
granite monument standing in the present boundary line, 
on the southerly side of the road leading from North Brook- 
field to West Brookfield; thence south seventeen degrees, 
twenty-seven minutes west, true bearing, three thousand six 
hundred and ninety-one feet to a granite monument standing 
at an angle in the present boundary line, on the southerly 
side of a road leading to West Brookfield; thence south 
forty-seven degrees, twenty-four minutes east, true bearing, 
two thousand two hundred and fifty-five feet to a granite 
monument standing in latitude forty-two degrees, fourteen 
minutes, nineteen and six hundredths seconds and longitude 
seventy-two degrees, six minutes, forty-two and eighteen 
hundredths seconds at the corner of the towns of Brook- 
field, North Brookfield and West Brookfield, as established 
by chapter two hundred and forty of the acts of the year 
nineteen hundred and ten. 

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

Api^roved April 24, 1911. 



Chap.332 An Act to establish the boundary line between the 

TOWNS OF NEW BRAINTREE AND WEST BROOKFIEIJ). 

Be it enacted, etc., as follows: 
Boundary Section 1. The followiug dcscnbcd line shall hereafter 

line oBtwGcn 

the towns of bc the bouudary line between the towns of New Braintree 
•tre^an'ii'west and Wcst Brookficld : — Beginning at a granite monument 
Brookfield. standing in the line between New Braintree and West Brook- 
field, on the easterly side of the road leading from New 
Braintree to West Brookfield, and in latitude forty-two 
degrees, sixteen minutes, fifty-two and thirty hundredths 
seconds north, and longitude seventy-two degrees, eight 
minutes, six and ninety hundredths seconds west; thence 



Acts, 1911. — Chap. 332. 293 



south sixty-three degrees, forty-seven minutes west, true Boundary 
bearing, three thousand two hundred and ninety feet to a the towns of 
boulder standing on the easterly slope of a wooded hill at tr^an^wJat 
an angle in the present boundary line; thence north two ^■'°<>^fi®'^- 
degrees, fourteen minutes east, true bearing, five thousand 
one hundred and twenty-nine feet to a granite monument 
standing at a junction of walls one thousand three hundred 
and fifty feet southeasterly from E. F. Pierce's dwelling, at 
an angle in the present boundary line ; thence south seventy- 
six degrees, fifty-five minutes west, true bearing, four thou- 
sand six hundred and nine feet to a granite monument stand- 
ing on the steep, eastern slope of a wooded hill at an angle 
in the present boundary line; thence north two degrees, 
twenty-two minutes west, true bearing, one thousand two 
hundred and eighty-four feet to a granite monument stand- 
ing in a fence on the easterly slope of a wooded hill at an 
angle in the present boundary line; thence south eighty- 
seven degrees, thirty-six minutes west, true bearing, eight 
hundred and fourteen feet to a granite monument standing 
at the north end of a wall at an angle in the present boundary 
line; thence south no degrees, twenty-three minutes east, 
true bearing, one hundred and fifty-six feet to a granite 
monument standing near the south end of a wall at an angle 
in the present boundary line; thence north eighty-seven 
degrees, forty-seven minutes west, true bearing, one thou- 
sand five hundred and seventy-one feet to a granite monu- 
ment standing on the easterly side of a highway at an angle 
in the present boundary line; thence northerly following the 
easterly side of the highway about nine hundred and thirty- 
eight feet to a granite monument standing at an angle in 
the present boundary line; thence north fifteen degrees, 
seventeen minutes east, true bearing, one thousand four 
hundred and forty-two feet to a granite monument standing 
in a pasture on the northerly side of a wall at an angle in 
the present boundary line ; thence south eighty -three degrees, 
forty-eight minutes west, true bearing, eleven thousand three 
hundred and sixty-three feet to a granite boulder in latitude 
forty-two degrees, seventeen minutes, forty and twenty-nine 
hundredths seconds and longitude seventy-two degrees, 
twelve minutes, forty and fifty-four hundredths seconds at 
the corner of the towns of New Braintree, Ware and West 
Brookfield. 
Section 2. This act shall take effect upon its passage. 

Approved April 24, 1911. 



294 



Acts, 1911. — Chap. 333. 



1907. 270, 
§ 1, amended. 



Taxation for 
improvement 
of streets in 
the city of 
Lynn. 



Cha2?.S33 An Act relative to taxation for the improvement of 

STREETS IN THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
seventy of the acts of the year nineteen hundred and seven 
is hereby amended by striking out the word "and", after 
the word "ten", in the ninth Hue, and inserting after the 
word "eleven", in the tenth Hne, the words: — nineteen 
hundred and twelve, nineteen hundred and thirteen, nine- 
teen hundred and fourteen, nineteen hundred and fifteen 
and nineteen hundred and sixteen, — so as to read as fol- 
lows: — Section 1. The tax assessed on property in the city 
of Lynn, exclusive of the state tax, county tax and sums 
required by law to be raised on account of the city debt, 
shall not exceed, on every one thousand dollars of the asses- 
sors' valuation of the taxable property therein for the preced- 
ing year, twelve dollars and fifty cents in the year nineteen 
hundred and seven, thirteen dollars in the years nine- 
teen hundred and eight, nineteen hundred and nine, nineteen 
hundred and ten, nineteen himdred and eleven, nineteen 
hundred and twelve, nineteen hundred and thirteen, nine- 
teen hundred and fourteen, nineteen hundred and fifteen 
and nineteen hundred and sixteen; the said valuation being 
first reduced by the amount of all abatements thereon pre- 
vious to the thirty-first day of December in the year preced- 
ing said assessments, subject to all the pro^•isions contained 
in section fifty-four of chapter twelve of the Revised Laws. 

Section 2. Section two of said chapter two himdred and 
seventy is hereby amended by adding at the end thereof the 
words: — Not more than one third of said excess shall be 
used for sidewalk construction, — so as to read as follows: 
— Section 2. All sums raised by taxation under the provi- 
sions of section one of this act in excess of twelve dollars on 
every one thousand dollars of the assessors' valuation of the 
taxable property in the said city for the preceding year shall 
be used for new pavement for streets and sidewalks; but no 
part of the money so received in excess of tweh'e dollars on 
every one thousand dollars of the assessors' valuation of 
the taxable property in said city for the preceding year shall 
be used for repair work, or rejilacing old paving, or macadam 
work. Not more than one third of said excess shall be used 
for sidewalk construction. Approved April 24, 1911. 



1907, 270, 
§ 2, amended. 



Certain pro- 
portion of 
tiix to be 
used for pave- 
ments, etc. 



Acts, 1911. — Chap. 334. 295 



An Act relative to transfers and removals by the CJiap.334: 

STATE BOARD OF INSANITY OF INMATES OF CERTAIN INSTI- 
TUTIONS. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-nine of chapter five hundred g^g^g®' ^^*' 
and four of the acts of the year nineteen hundred and nine amended. 
is hereby amended by inserting after the word "belong", 
in the nineteenth Hue, the following: — provided, however, 
that no person born outside of the jurisdiction of the United 
States shall be removed outside of said jurisdiction if he has 
been a resident of Massachusetts for five years immediately 
preceding his commitment or admission to any institution 
under the supervision of the board and has not been confined 
in a penal institution within said five years, — so as to 
read as follows : — Section 69. The state board of insanity Transfers by 

i>,,,i •• e J.' xj. e state board of 

may, subject to the provisions or section seventy, transfer insanity. 
to and from any institution or receptacle under its supervi- 
sion, any inmate thereof who, in the opinion of the board 
is a proper subject for admission to the institution or recepta- 
cle to which he is to be transferred: provided, that no such Provisos. 
inmate shall be transferred to be detained as an insane per- 
son unless he shall have been duly committed as insane by 
a judge or court; and provided, further, that no person shall 
so be transferred to the Bridgewater state hospital unless 
he has been a criminal and vicious in his life. A record of 
such transfer shall be entered in the registers of the institu- 
tions to and from which he is transferred. The commitment 
papers, together with an abstract of his hospital case-record, 
shall be transmitted with him to the institution to which he 
is transferred. The board may also remove any pauper 
inmates of institutions under its supervision who are not 
subject to the orders of a court to any country, state or place 
where they belong: provided, however, that no person born 
outside of the jurisdiction of the United States shall be 
removed outside of said jurisdiction if he has been a resident 
of Massachusetts for five years immediately preceding his 
commitment or admission to any institution under the super- 
vision of the board and has not been confined in a penal insti- 
tution within said five years. In making such transfers and 
removals the board shall, so far as is practicable, employ nurses 
or attendants instead of officers of the law, and shall employ 
female nurses or attendants to accompany female patients. 



296 Acts, 1911. — Chaps. 335, 336. 

Removal of SECTION 2. Nothing in this act shall be construed to 

mates. prevent the removal of any such pauper inmate to the coun- 

try, state or place where he belongs, upon the written request 
of such inmate, his relatives or friends. 

Section 3. This act shall take effect upon its passage. 

Apjjroved April 24, 1911, 



CJiap.335 An Act to authorize the town of stoneham to borrow 

MONEY FOR SEWERAGE PURPOSES. 

Be it enacted, etc., as follows: 
stoneham SECTION 1. The towu of Stoueliam for the purposcs mcu- 

Sewer Loan, , i i i i i <• i c 

Act of 1911. tioned in chapter two hundred and twelve oi the acts oi 
the year eighteen hundred and ninety-six, is hereby author- 
ized to borrow a sum not exceeding ten thousand dollars, 
and to issue therefor bonds to be denominated on the face 
thereof, Stoneham Sewer Loan, Act of 1911. Such bonds 
shall bear interest at a rate not exceeding four per cent per 
annum and shall be signed by the treasurer of the town and 
countersigned by the board of public works. Of the sum so 
borrowed five thousand dollars shall be payable in the year 
nineteen hundred and twenty-nine and five thousand dol- 
lars in the year nineteen hundred and thirty, and said 
amounts shall be raised by taxation in the said years respec- 
tivelv, in the same manner in which other taxes are assessed 
and collected. 

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

Approved April 24, 1911. 



Chap.S3G An Act to authorize the city of taunton to supply 
water to the inhabitants of the town of raynham. 

Be it enacted, etc., as follows: 

iiiecityof Section 1. The city of Taunton may supply the inhabit- 

sui""iy water auts of the towu of Raynham with water for the extinguish- 
of Kuyniuun. mcut of fircs and for domestic and other purposes, and may 
construct and lay conduits, ])ipes and other works, under or 
over any lands, water courses, railroads, railways and i)ublic 
or private ways, and along any such ways in the town of 
Raynham in such manner as not unnecessarily to t)bstruct 
the same; and for the ])uri)ose of constructing, maintaining 
and repairing sucli conduits, ])ii)os and other works, and for 
all purposes of this act, the city of Taunton may enter ui)on 



Acts, 1911. — Chap. 336. 297 

and dig up any such lands and ways: provided, however, that Proviso, 
the said city shall not enter upon or dig up any public ways 
in the town of Raynham, except with the consent of the 
selectmen thereof; and the city of Taunton shall restore to 
the satisfaction of the selectmen of the town of Raynham the 
public ways dug up or otherwise disturbed in said town, 
and shall pay all damages to property sustained by any per- 
son or corporation by any act or neglect of the city of Taun- 
ton, its agents or employees, in digging 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, and failing 
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 author- 
ity of this act; but no such application shall be made after 
the expiration of said two years. 

Section 2. The city of Taunton may distribute water Distribution 
through the town of Raynham or any part thereof, and may °^ ^^t^""' '**<'• 
regulate the use of such water and fix and collect rates for 
the use of the same; and the town of Raynham 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 said 
city may establish and maintain fountains and hydrants in 
the said town and may relocate or discontinue the same. 

Section 3. Said town shall raise annually, in the manner payments to 
provided in the following section, a sum sufficient to pay Taunton.* 
the city of Taunton such annual sums as shall be stipulated 
by said city in the contract between said 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, in Assessment 
accordance with the preceding section, assess a separate tax ^^ ^^^' ^**'- 
equal to the amount provided for in the above section, 
justly and equitably, in proportion to the particular benefits 
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, 



298 



Acts, 1911. — Chap. 33G. 



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 water can be 
drawn for extinguishing fires. Any person or corporation 
aggrieved by reason of the refusal of the assessors 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. 
Town may SECTION 5. The towu shall havc the right at anv time 

acquire cer- „ • i n i i i • i i • ii« " i • 

tain property, alter it shall havc been authorized to supply itseli and its 
inhabitants with water, and shall have voted so to do, to 
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 prop- 
erty 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 expenses of 
its plant within the town, which account shall be open to 
the selectmen or to any committee appointed for the purpose 
by the town. In case the town shall have voted to supply 
with water that part of the town which is supplied by said 
city it shall purchase said works, property, rights and })rivi- 
leges. If said town cannot agree Avith said city uixin the 
amount of the actual cost thereof upon the basis hereinbefore 
specified, then, upon a bill in equity brought either by the 
city or by the town, the supreme judicial court shall ascer- 
tain and fix said total actual cost upon the basis herein- 
before specified, and shall enforce the right of the town to 
take possession of said property, rights and, privileges, u})on 
the payment of the cost as aforesaid 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 ascertained. 

Section (3. This act shall take effect upon its passage, 
but shall become void unless the city of Taunton shall begin 
to distribute water through its ])ipes to consumers in the town 
of Raynham within three years after the passage of this act. 

Approved April 21^, 1911. 



Time of 
taking effect. 



Acts, 1911. — Chaps. 337, 338. 299 



An Act relative to the taxation of deposits in the Chap.337 

SAVINGS departments OF TRUST COMPANIES. 

Be it enacted, etc., a^ follows: 

Section 1. The tax imposed by section one of chapter Taxation of 
three hundred and forty-two of the acts of the year nineteen sa^hfgs^de 
hundred and nine shall apply only to such of the deposits \rulTcom-°^ 
therein designated as do not exceed in amount the limits pan'es. 
imposed upon deposits in savings banks by section forty-six 
of chapter five hundred and ninety of the acts of the year 
nineteen hundred and eight and acts in amendment thereof 
and in addition thereto. 

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

Approved April 21^., 1911. 

An Act relative to retirement systems for the pay- (7/^(^^.338 

MENT of annuities AND PENSIONS TO EMPLOYEES OF 
cities AND TOWNS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter six hundred and nine- i9io, 6i9, 
teen of the acts of the year nineteen hundred and ten is ^ ^' '*'"'^"'^*^'^- 
hereby amended by inserting after the paragraph marked 
(e) the following paragraph: — (/) The word "employees" 
means only regular and permanent employees whose only 
or principal employment is in the service of the city or town, 
— and by striking out the letter "(/)", in the seventeenth 
line, and inserting in place thereof the letter: — (g), — so 
as to read as follows : — Seciion 1 . In this act, unless the certain 
context otherwise requires: — teims^ir/ned 

(a) The words "city council" mean the legislative branch 
of the city government, whether consisting of one chamber 
or two. 

(6) The words "retirement system" mean the arrange- 
ments provided in this act for the payment of annuities and 
pensions. 

(c) The word "annuities" means the payments for life 
derived from money contributed by the employees. 

id) The word "pensions" means the payments for life 
derived from money contributed by the city or towji. 

{e) The words "regular interest" mean interest at three 
per cent per annum compounded semi-annually on the last 



300 



Acts, 1911. — CiiAr. 338. 



1910, 619, 
§ 2, amended. 



Cities and 

towns may 

establish 

retirement 

systems for 

employees, 

etc. 



Copy of vote 
establishing 
system to be 
filed with 
the insurance 
commissioner. 



days of Januarj^ and July, and reckoned for full three and 
six months periods only. 

(/) The word "employees" means only regular and per- 
manent employees whose only or principal employment is in 
the service of the city or town. 

(g) The words "continuous service" mean uninterrupted 
employment, with this exception: a lay-off on account of 
illness or reduction of force; and a leave of absence, suspen- 
sion or dismissal followed by reinstatement within one year, 
shall not be considered as breaking the continuity of service. 

Section 2. Section two of said chapter six hundred and 
nineteen is hereby amended by inserting before the words 
"be accepted", in the twelfth line, the words: — as amended, 
— so as to read as follows: — establishment of retire- 
ment SYSTEM. Section 2. Any city or town in this common- 
wealth may establish a retirement system for its employees 
by accepting the provisions of this act in the following man- 
ner: In the case of a city, whenever a vote to accept the 
provisions of the act shall have duly been passed by the city 
council, the question of acceptance shall then be submitted 
to the voters of the city at the next municipal election. 
The vote shall be in answer to the question, placed upon the 
ballot : " Shall an act passed by the general court in the year 
nineteen hundred and ten, entitled 'An Act authorizing the 
cities and towns of the commonwealth to establish retire- 
ment systems for their employees ', as amended, be accejited? " 
In the case of a town, whenever a vote to accept the provi- 
sions of the act shall have duly been passed by the board of 
selectmen, the question of acceptance shall then be submitted 
to the voters of the town at the next town meeting. If a ma- 
jority of the voters voting on the question at the city election 
or at the town meeting shall vote in the affirmative, this act 
shall take eil'ect in such city or town as hereinafter provided. 

A copy of the vote of the city council or of the board of 
selectmen, certified bv the citv clerk or by the town clerk, 
and a copy of the vote at the city election or at the town meet- 
ing, sworn to by the local election conunissioners or the 
officers corresponding thereto, shall, within thirty days 
respectively after the date of the latter \-ote, be filed in the 
office of the insurance commissioner. The latter shall forth- 
with issue a certificate that the retirement system is declared 
established in said city or town, to become operative on the 
first day of February or the first day of August following the 
exi)iratit)n of three months after the (.late of such certificate. 



Acts, 1911. — Chap. 3:38. 301 

Section 3. Section three of said chapter six hundred and §^3^*^amended. 
nineteen is hereby amended by striking out the word " sixty ", 
in the fourth hue of paragraph (1), and inserting in place 
thereof the word : — thirty, — by inserting after the words 
''board of retirement", in the fourth Hne of paragraph (4), 
the words: — upon recommendation of the head of the 
department in which the member is employed, — by strik- 
ing out the words "so retire", at the end of paragraph (4), 
and inserting in place thereof the words: — be retired, irre- 
spective of such recommendation, — and by inserting after 
the words "board of retirement", in paragraph (5), the 
words : — upon recommendation of the head of the depart- 
ment in which the member is employed, — so as to read as 

follows : — THE RETIREMENT ASSOCIATION. Section 3. When- organization, 

ever a city or town shall have voted to establish a retirement 
system under the provisions of section two, a retirement 
association shall be organized as follows : — 

(1) All employees of the city or town, on the date when 
the retirement system is declared established by the issue of 
the certificate, as provided in section two, may become mem- 
bers of the association. On the expiration of thirty days 
from said date every such employee shall be considered to 
have elected to become, and shall thereby become, a member, 
unless he shall have, within that period, sent notice in writ- 
ing to the local election commissioners or the officers corre- 
sponding thereto that he does not .wish to join the association. 

(2) All employees who enter the service of the city or town 
after the date when the retirement system is declared estab- 
Hshed by the issue of the certificate, as provided in section 
two, except persons who have passed the age of fifty-five 
years, shall upon completing thirty days of service become 
thereby members of the association. Persons over fifty-five 
years of age who enter the service of the city or town after 
the establishment of the retirement system shall not be 
allowed to become members of the association, and no such 
employee shall remain in the service of the city or town 
after reaching the age of seventy years. 

(3) No officer elected by popular vote may become a 
member of the association, nor any employee who is or will 
be entitled to a pension from the city or town for any reason 
other than membership in the association. 

(4) Any member who reaches the age of sixty years and 
who has been in the continuous service of the city or town 
for a period of fifteen years immediately preceding may retire 



302 



Acts, 1911. — Chap. 838. 



1910, 619, 
§ 4, amended. 



Board of 
retirement. 



Vacancy. 



or may be retired by the board of retirement, upon recom- 
mendation of the head of the department in which tlie 
member is employed, and any member who reaches the age 
of seventy must be retired, irrespective of such recommenda- 
tion. 

(5) Any member who has completed a period of thirty- 
five years of continuous service may retire, or may be retired 
at any age by the board of retirement upon recommendation 
of the head of the department in which the member is em- 
ployed if such action be deemed advisable for the good of 
the service. 

Section 4. Section four of said chapter six hundred and 
nineteen is hereby amended by striking out the word " thirty", 
in the fifth line of paragraph (1), and inserting in place thereof 
the word: — sixt}^ — by adding to paragraph (2) the fol- 
lowing: — All claims for reimbursement on this account shall 
be subject to the approval of the city council or the board 
of selectmen, — by adding to paragraph (4) the words: — 
subject to the approval of the city council or the board of 
selectmen, — and by inserting after the words " under 
section five, (2) A ", in the second and third lines of paragraph 
(6) A, the words: — and (3), — and by striking out the words 
"as defined in section five, (2) B (6) ", in the second and third 
lines of paragraph (6) G, — so as to read as follows: — 
THE BOARD OF RETIREMENT. Section 4- (1) I'hc manage- 
ment of the retirement system is hereby vested in the board 
of retirement, consisting of three members, one of whom shall 
be the city or town treasurer; the second member shall be 
a member of the association elected by the latter within 
sixty days after the date when the retirement system is 
declared established by the issue of the certificate, as pro- 
vided by section two, in a manner to be determined by the 
local election commissioners or the officers corresponding 
thereto; the third member shall be chosen by the other two 
members. In case of the failure of the latter to choose the 
third member within thirty days after the election of the 
second member, the mayor or the chairman of the board of 
selectmen shall appoint such third member. The first per- 
son so chosen or appointed as third member shall serve for 
two years; otherwise and thereafter the term of office of the 
two elected members shall be three years. On a vacancy 
occurring in the board for any cause or on the expiration 
of the term of office of any member, a successor of the per- 



Acts, 1911. — Chap. 338. 303 

son whose place has become vacant or whose term has expired 
shall be chosen in the same manner as was his predeces- 
sor. 

(2) The members of the board of retirement shall serve compensa- 
without compensation; but they shall be reimbursed out of *'°°* 
the contingent fund for any expense or loss of salary or wages 

which they may incur through service on the board. All 
claims for reimbursement on this account shall be subject to 
the approval of the city council or the board of selectmen. 

(3) The city or town treasurer shall have charge and con- investment 
trol of the funds of the system, subject to the approval of " 

the board of retirement, and shall invest and reinvest the 
same, and may from time to time sell any securities held by 
him and invest and reinvest the proceeds, and any and all 
unappropriated income of said funds: promled, hoivever, that Proviso, 
all funds received by him not required for current disburse- 
ments shall be invested in accordance with the provisions of 
the laws of this commonwealth relating to the investment 
of the funds of savings banks. He shall in the investment 
of the funds give preference to the securities of the city or 
town in which the retirement system has been established. 
He may, whenever he sells such securities, deliver the securi- 
ties so sold upon receiving the proceeds, and may execute 
all documents necessarv to transfer the title thereto. 

(4) The board of retirement shall have power to make By-iaws, etc. 
by-laws and regulations not inconsistent with the provisions 

of this act, and to employ such clerical or other assistance 
as may be necessary for the fulfillment of its purposes sub- 
ject to the approval of the city council or the board of 
selectmen. 

(5) The board shall determine the percentage of wages Contribu- 
that employees shall contribute to the pension fund, subject '°°^' " ^' 
to the minimum and maximum percentages, and shall, fur- 
thermore, have power to classify employees for the purposes 

of the retirement system, and to establish different rates of 
contribution for different classes within the prescribed limits. 

(6) The city or town treasurer shall, in February of each state of 

1 »' .i. .. *iiii financial con- 

year, unless tor cause the msurance commissioner shall have ditiontobe 

granted an extension of time, file in the office of the insur- fhe1nlu?ance 

ance commissioner a sworn statement, which shall exhibit commissioner. 

the financial condition of the retirement system on the 

thirty-first day of the preceding January, and its financial 

transactions for the year ending with said day. Such state- 



304 



Acts, 1911. — Chap. 338. 



Peposit 

reserve. 



Interest 
reserve. 



Annuity 
reserve. 



Expense <ind 

contingent 

funds. 



Oifts and 
bequests. 



ment shall be in a form approved by the insurance commis- 
sioner, and shall show, among other things, the liability of 
the retirement system on account of the following items: — 

A. Deposit Reserve. 

The total of the deposits of the members actually received 
by the treasurer or due from the city or town under section 
five, (2) A, and (3), and held subject to withdrawal by such 
members. 

B. Interest Reserve. 
Regular interest on such deposits. 

C. Annuity Reserve. 

The net value of the annuities entered upon under section 
six, (2) B, on the basis of the mortality tables and interest 
rates provided for in this act. 

D. Expense and Contingent Funds. 

(a) The unexpended portion of the amounts received under 
section five, (1). 

(6) The contingent fund. 

E. Gifts arid Bequests. 

The amounts received as gifts or bequests and held under 
the terms of such gifts or bequests. 



F. Other Liabilities. 



Other 
liabilities. 



Surplus. 



1910, 019, 
§ 5, amended. 



All other liabilities. 



G'. Surplus. 

— The undistributed surplus arising 



(a) Annuity surplus. 
from annuity deposits. 

{h) Other surplus. — All unassigned funds. 

Section 5. Section five of the said chapter six hundred 
and nineteen is hereby amended by striking out paragraph 
(2) B (b) and inserting in })lace thereof the following para- 
graph: — (b) Every year, in February, in case the actual 
annuity deposits shall be less than the amount of the annuity 
reserve, the city or town shall make good such deficiency, 

— by adding after j)aragrai)h B (d) the following ])aragraph: 

— (e) The city or town shall ai)propriate annually such au 



Acts, 1911. — Chap. 338. 305 

amount as may be necessary to defray the contributions to 
be made by it under paragraph (2) B (a), (6), (c) and (d) 
of this section, according to estimates prepared by the treas- 
urer, — and by striking out the word "pension", in the 
fifth Hue of paragraph (3), and inserting in place thereof 
the word: — retirement, — so as to read as follows: — 

CREATION OF THE RETIREMENT FUND. Section 5. The Creation of 

funds of the retirement system shall be raised as follows: — fund^™^°* 

(1) Expense and Contingent Fund. 

The city or town shall appropriate annually such an amount Expense and 
as may be necessary to defray the whole expense of adminis- fuSd"^*"^ 
tration, according to estimates prepared by the treasurer. 

(2) Annuity and Pension Fund. 

A. Deposits' by Members. — Each member shall deposit Annuity and 
in this fund from his wages or salary, as often as the same are 
payable, not less than one per cent and not more than five 

per cent of the amount of his wages or salary as determined 
by the board of retirement under the provisions of section 
four (5) : prooided, however, that employees who receive more proviso. 
than thirty dollars weekly in wages or salary shall not be 
assessed for contribution to this fund on the excess above 
that amount. 

B. Contributions by the City or Town. — (a) Every month Contribu- 
the city or town shall contribute such amount as the board c^resand 
of retirement may determine to be necessary to pay current towns. 
pensions for subsequent serx^ces, under section six, (2) C (a). 

(6) Every year, in February, in case the actual annuity 
deposits shall be less than the amount of the annuity reserve, 
the city or town shall make good such deficiency. 

(c) Every month the city or town shall contribute such 
amount as the board of retirement may determine to be 
necessary to pay current pensions for prior service under 
section six, (2) C {b). 

(d) Every month the city or town shall contribute such 
amount as the board of retirement may determine to be 
necessary to ensure the minimum payments provided for in 
section six, E. 

(e) The city or town shall appropriate annually such an 
amount as may be necessary to defray the contributions to 
be made by it under paragraph (2) B (a), (6), (c) and (d) of 
this section, according to estimates prepared by the treasurer. 



306 



Acts, 1911. — Chap. 338. 



Provision for 
payments. 



1910, 619, 
§ 6, amended. 



(3) Provision for Paymenis. 

All amounts payable by members of the association under 
paragraph (2) A of this section shall be deducted by the city 
or town from the amounts payable to them as wages or sal- 
ary, as often as the same are payable, and shall be credited 
immediately to the retirement fund by the city or town 
treasurer. 

Section 6. Section six of said chapter six hundred and 
nineteen is hereby amended by striking out paragraph " (1) 
Expense and Contingent Funds'', and inserting in place thereof 
the following: — (1) Expense and Contingent Fund. The 
fund provided for under section five, (1), shall be used, so 
far as may be necessary, for the payment of the expenses of 
administration. The portions not so used, if any, shall l)e 
repaid into the city or town treasury. In case the amount 
appropriated for the expense and contingent fund in any year 
should prove insufficient, the city or town shall appropriate 
in the following year such additional sum as may be required 
to cover the deficit, — by inserting after the words " there- 
after retires", in the fourth line of paragraph (2) B, the fol- 
lowing words: — or is retired, — by striking out the words 
"time when he entered the service of the city or town", in 
the tenth and eleventh lines of paragraph (2) C (b), and 
inserting in place thereof the following words: — beginning 
of such period of continuous service, — and by striking out 
the words " Employees who had already reached the age of 
sixtv vears at the time when the retirement svstem was ostab- 
lished, and employees who had already reached the age of 
fift^'-five vears at that date and also became members of 
the association", in paragraph (2) C (6), and inserting in 
place thereof the following: — 

Any employee who had already reached the age of fifty- 
five years on the date when the retirement system was estab- 
lished, and also became a member of the association, — by 
inserting before the paragraph "D. Application of Sur- 
plus", the following: — 

Any employee not a member of the association who had 
already reached the age of fifty-fiN'e years on the date when 
the retirement system was established, may be retired at 
any time and shall be paid a ])cnsion e(iuivalent to the mini- 
nnun payment herein ])r()vidc(l for, — by inserting after the 
word "Minimum", in the first line of paragraph E, the words: 



Acts, 1911. — Chap. 338. 307 

— and Maximum, — and by adding after the word "year", 
in the third Hne of said paragraph E, the words: — or at a 
rate more than one half the amount of the average wages or 
salary received by the member during the ten years prior 
to his retirement, — so as to read as follows: — distribu- 
tion OF FUNDS. Section 6. The city or town treasurer shall 
administer the funds of the retirement system in accordance 
with the following plan: — 

(1) Expense and Contingent Fund. 

The fund provided for under section five, (1), shall be Expense and 
used, so far as may be necessary, for the payment of the rCnd"^^"*^ 
expenses of administration. The portions not so used, if 
any, shall be repaid into the city or town treasury. In case 
the amount appropriated for the expense and contingent 
fund in any year should prove insufficient, the city or town 
shall appropriate in the following year such additional sum 
as may be required to cover the deficit. 

(2) Annuity and Pension Funds. 

A. Refunds. ^- (a) Should a member of the association Annuity 
cease to be an employee of the city or town for any cause fund^!"^^'*"^ 
other than death before becoming entitled to a pension, 

there shall be refunded to him all the money that has been 
paid in by him under section five, (2) A, with regular in- 
terest. 

(b) Should a member of the association die before becom- 
ing entitled to a pension, there shall be paid to his legal 
representatives all the money that has been paid in by him 
under section five, (2) A, with such interest as shall have been 
earned on such deposits. 

B. Annuities from Employees^ Deposits. — Every member Annuities 
who reaches the age of sixty years and has been in the con- employees' 
tinuous service of the city or town for fifteen years immedi- ^^^i^'^^'^^- 
ately preceding, and then or thereafter retires or is retired, 

every member who retires or is retired at the age of seventy 
years, and every member who is retired for the good of the 
service under the provisions of section three, (5), shall receive 
an annuity to which the sum of his deposits under section 
five, (2), with regular interest, shall entitle him, according 
to the tables adopted by the board of retirement, in one of 
the following forms: — 



308 



Acts, 1911. — Ciiai>. 338. 



Pensions 
derived from 
contril)utions 
by cities and 
towns. 



Pensions 
based upon 
prior service. 



(a) A life amiiiity, payable monthly. 

(6) A life annuity, jjayahle monthly, with the provision 
that in the event of the death of the annuitant before receiv- 
ing payments equal to the sum at the date of his retirement 
of his deposits under section five, (2) A, with regular interest, 
the difference shall be paid to his legal representatives. 

C. Peiuions derived from Contrihidions by the City or Toun. 
— (a) Pensions based upon subsequent service. Any mem- 
ber entitled to an annuity under paragraph (2) B, of this 
section, shall receive in addition thereto a pension for life 
payable monthly equivalent to that annuity, to be paid out 
of the fund contributed bv the citv or town under the pro- 
visions of section five, (2) B (a). 

(b) Pensions based upon prior service. Any member of 
the association who reaches the age of sixty years, having 
been in the continuous service of the city or town for fifteen 
years or more immediately preceding, and then or thereafter 
retires or is retired, shall receive in addition to the annuity 
and pension provided for by paragraphs (2) B and C (a) of 
this section, an extra pension for life as large as the amount 
of the annuity to which he might have acquired a- claim if 
the retirement system had been in operation at the beginning 
of such period of continuous service, and if accordingly he 
had paid regular contributions from that date to the date 
of the establishment of the retirement association, at the 
same rate as that first adopted by the board of retirement, 
and if such deductions had been accumulated with regular 
interest. 

Any employee who had already reached the age of fifty- 
five years on the date when the retirement system was 
established, and also became a member of the association, 
may be retired under the provisions of the preceding })ara- 
graph without having completed the otherwise required 
service period of fifteen years. 

For the purpose of computing any pension }^ayable for 
prior service, the board of retirement may estimate on a 
basis determined by them the wages received at any ])erio(l 
for which they may deem it impracticable to consult the 
original records. 

Any employee not a member of the association who had 
already reached the age of fifty-five years on the date when 
the retirement system was established, may be retired at 
any time and shall be ])aid a jxMisioii e(iui\"alent to the mini- 
mum payment herein providetl for. 



Acts, 1911. — Chap. 339. 309 

D. Application of Surplus. — The board of retirement Application 
shall have power to determine the application of any sur- 
plus, as defined under section four, (6) G, subject to the 
approval of the insurance commissioner. 

E. Minimum and Maximum Payments. — In no case shall ^1^'"""" 
the total monthlv payment to a member be at a rate less maximum 

1 1 1 'i 1 11 1 payments. 

than two hundred dollars per year, or at a rate more than 
one half the amount of the average wages or salary received 
by the member during the ten years prior to his retirement. 

F. Association Membership and Pension Certificate. — Association 
Membership in the association shall be evidenced by a cer- membership, 
tificate to be issued to each member by the board of retire- 
ment, and the right to an annuity or a pension shall be evi- 
denced by a policy to be issued to each member who retires 

or is retired by the board of retirement. 

Section 7. The said chapter six hundred and nineteen i9io, 6i9, 
is hereby amended by inserting after section ten the follow- ^™^" 
ing new section: — Section 11. This act may be altered or Alterations 
amended from time to time, and all such alterations and mrafs"'"^'^ 
amendments shall, upon their passage, become binding upon 
cities and towns which have previously accepted this act, 
and all contractual rights entered into by and between any 
city or town and the employees thereof under the provisions 
of this act shall be deemed to have been entered into subject 
to being subsequently affected by such alterations or amend- 
ments: provided, however, that no such alteration or amend- Proviso. 
ment shall affect the rights of employees given by section 
six, (2) A, of this act with reference to deposits previously 
made. 

Section 8. This act shall take effect upon its passage. 

( The foregoing was laid before the Governor on the seventeenth 
day of April, 1911, and after five days it had "the force of a 
law", as prescribed by the Constitution, as it was not returned 
by him with his objections thereto within that time.) 

An Act relative to proceedings for punishment for C7iap.^S9 

THE violation OF INJUNCTIONS. 

Be it enacted, etc., as foUoios: 

Section 1 . The defendant in proceedings for violation of ^r°vio^i™tion 
an injunction, where it appears from the petition filed in ofinjunc- 
court alleging the violation, that the violation is an act which 
also would be a crime, shall have the right to trial by jury 
on the issue of fact only, as to whether he committed the acts 



310 



Acts, 1911. — Chap. 340. 



Not to apply 
to probate 
courts. 

Repeal. 



alleged to constitute the said violation, and the said trial by 
jury shall take place forthwith, and if there is no sitting of 
a jury in the county where the contempt proceedings are to 
be heard, a venire shall issue to impanel a jury forthwith. 

Section 2. The provisions of this act shall not apply to 
proceedings in the probate courts. 

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 26, 1011. 



Boundary 
line l)etween 
the towns of 
New Salem 
and Prescott. 



Cha2),o4:0 An Act to establish the boundary line between the 

TOWNS OF new SALEM AND PRESCOTT. 

Be it enacted, etc., as fullows: 

Section 1. The following described line shall hereafter 
be the boundary line between the towns of New Salem and 
Prescott: — Beginning at a granite monument standing at 
the corner of the towns of Dana, New Salem and Prescott, 
in latitude forty-two degrees, twenty-seven minutes, thirty 
and twenty-one hundredths seconds north, and longitude 
seventy-two degrees, seventeen minutes, fifteen and two 
hundredths seconds west; thence westerly in a straight line 
about seven thousand five hundred and seventy-five feet to 
a granite monument standing on the southerly side of a 
highway through the centre of which the present town bound- 
ary runs; thence deflecting slightly to the right and continu- 
ing in a straight line about one thousand seven hundred and 
twenty-five feet to a point on the easterly side of a highway 
near the Lincoln place; thence northerly in a straight line 
to a point in the easterly side of said highway opposite a 
granite monument standing on the westerly side of said high- 
way, in the present boundary line; thence south eighty-three 
degrees, eleven minutes west, true bearing, about one thou- 
sand three hundred and seventy-six feet ]iassing through said 
monument to a granite monument standing on Bials Hill at 
an angle in the ])resent boundary line; thence north no de- 
grees, fifty-six minutes west, true bearing, five hundred aiul 
seventy feet to a granite monument standing at an angle in 
the present boundary line; thence south eighty-two degrees, 
eighteen minutes west, true bearing, three thousand three 
hundred and one feet to a granite nKMiuinent standing at a 
junction of walls at an angle in the i)resent boundary line; 



Acts, 1911. — Chap. 340. 311 

thence north four degrees, seven minutes west, true bearing, Boundary 
about five hundred and thirty feet to the centre of a cross thetownsof 
road opposite a granite monument standing in the present anTprescStt. 
boundary line at a junction of walls on the southerly side of 
said cross road ; thence westerly along the centre of said road 
about one thousand five hundred feet to the westerly side 
of the road between North Prescott and New Salem; thence 
southerly in a straight line, about two hundred and fifty feet 
to a granite monument standing in the present boundary 
line on the westerly side of the said last named road ; thence 
westerly in a straight line about three thousand nine hundred 
and twenty-five feet to a point in the present boundary line 
four hundred and fifty feet southerly from the monument 
in the present boundary line on the southerly side of the 
highway and opposite the house on the Waterhouse place; 
thence northerly in a straight line, about four hundred and 
fifty feet to said granite monument standing in the present 
boundary line on the southerly side of said highway opposite 
the Waterhouse place; thence westerly about eight hundred 
and seventy-five feet along the southerly side of said highway 
to the westerly side of the "Hunt Road"; thence southerly 
about five hundred and seventy-five feet along the westerly 
side of said Hunt Road to a granite monument standing in 
the present boundary line ; thence westerly in a straight line 
about three thousand three hundred and fifty feet to a granite 
monument standing in the present boundary line, on the 
easterly side of a highway between Prescott and Cooley- 
ville; thence northerly in a straight line about two hundred 
and fifty feet to a point on the easterly side of said highway, 
opposite a granite monument standing in the present bound- 
ary line on the westerly side of the highway; thence westerly 
in a straight line about two thousand four hundred and fifteen 
feet passing through said monument on the westerly side of 
said highway to a granite monument standing in the present 
boundary line in latitude forty-two degrees, twenty-seven 
minutes, twelve and five hundredths seconds and longitude 
seventy-two degrees, twenty- two minutes, fifty-six and 
ninety-two hundredths seconds; thence in the same direc- 
tion about eighty-five feet to the centre of west branch of 
Swift river at the present corner of the towns of New Salem, 
Prescott and Shutesbury. 

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

Approved April 27, 1911. 



312 



Acts, 1911. — Chaps. 341, 342. 



Cha2).'dil An Act relative to the sale of cocaine. 

Be it enacted, etc., as folloivs: 



1910, 387, 
§ 5, amended. 



Penalties. 



Section five of chapter three hundred and eighty-seven of 
the acts of the year nineteen hundred and ten is hereby 
amended by striking out said section and inserting in place 
thereof the following: — Section 5. Whoever \iolates any 
provision of the foregoing sections shall be punished by a 
fine of not less than fifty and not more than one thousand 
dollars, or by imprisonment for not more than one year in 
the county jail or house of correction, or by both such fine 
and imprisonment, and whoever is found present as described 
in section seven of this act shall be punished by a fine of not 
more than fifty dollars, or by imprisonment for three months 
in the house of correction. Apj^roved April 27, 1911. 



Construction 
of garages in 
the city of 
Boston. 



Term 

" garage ' 

defined. 



Chap.^^2 An Act to regulate the construction of garages in the 

city of boston. 

Be it enacted, etc., as follmvs: 

Section 1. A garage hereafter erected within the fire 
limits of the city of Boston shall be of first class construction. 
A garage hereafter erected in any other part of that city 
shall be either of first or second class construction. 

Section 2. By the term "garage" is meant a building 
or that part of a building wherein are kept five or more auto- 
mobiles or motor cars charged with or containing a volatile 
inflammable liquid for fuel or power. Wherever hereafter 
any part of an existing building is converted into a garage, 
the garage shall be deemed to embrace all the building not 
separatefl from the garage proper by fireproof construction 
satisfactory to the building commissioners, and such build- 
ing or part of a building shall be of first class construction. 

Sp:ction 3. By the term "volatile inflammable licpiid" 
is meant any liquid that will emit inflanunable vapor at a 
temperature below one hundred degrees Fahrenheit, when 
tested in the open air. 

Section 4. The penalty for \iolation of this act shall be 
a fine of not less than ton and not more than fifty dollars a 
day, so long as the violation continues. 

Approved April 27, 1911. 



Term " vola- 
tile inflamma- 
ble liquid " 
defined. 



Penalty. 



Acts, 1911. — Chaps. 343, 344. 313 



An Act relative to the protection and importation Chap.S'iS 

OF WILD TURKEYS. 

Be it enacted, etc., as follotvs: 

Section 1. It shall be unlawful prior to the first day of Protection 

o 1*1 • 1 1 1 1 n > ^ importa- 

September ni the year nnieteen hundred and ntteen to hunt, tion of wild 
take or kill a wild turkey scientifically known as meleagris 
gallopavo. 

Section 2. It shall be unlawful to import into or to commis- 
liberate within this commonwealth any wild turkey which is fiXe^ies^and 
infected with the disease termed coccidiosis or entero-nepatitis, fssu^p^rLit 
commonly known as "black head", or to import any living 
wild turkey except under a special written permit from the 
board of commissioners on fisheries and game. 

Section 3. Whoever violates any provision of this act Penalty, 
shall be punished by a fine of twenty dollars. 

Approved April 21, 1911. 

An Act to authorize certain insurance companies to (JJiart 344 
act as sureties in criminal procedure. 

Be it enacted, etc., as follows: 

Section 1 . Section sixty-one of chapter five hundred and ^^^^' ^J^, 
seventy-six of the acts of the year nineteen hundred and amended.' 
seven, as amended by chapter two hundred and fifty-six of 
the acts of the year nineteen hundred and nine, is hereby 
further amended by inserting after the word "civil", in the 
eleventh line of the first sentence, the words : — and criminal, 
— so that the said sentence will read as follows : — A com- Sureties. 
pany organized under the provisions of this act or the cor- 
responding provisions of earlier laws or chartered by any 
other state or government to transact fidelity insurance and 
corporate suretyship, and qualified to do business in this 
commonwealth, may make contracts of insurance to guar- 
antee the fidelity of persons holding positions of trust in 
private or public employment or responsibility, and may, if 
accepted and approved by the court, magistrate, obligee or 
person competent to approve such bond, act as surety upon 
the official bond or undertaking in civil and criminal proced- 
ure of any person or corporation to the United States, to 
this commonwealth, or to any county, city, town, judge of 
probate and insolvency or other court, sheriff, magistrate 



314 Acts, 1911. — Chaps. 345, 346. 

or public officer, or to any corporation or association public 
or private; and also may act as surety upon any bond or 
undertaking to any person or corporation or to the common- 
wealth conditioned upon the performance of any duty or 
trust or for the doing or not doing of anything in said bond 
specified, and upon bonds to indemnify against loss any per- 
son or persons who are responsible as surety or sureties upon 
a written instrument or otherwise for the performance by 
others of any office, employment, contract or trust. 

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

Approved April 27, 1911. 



Chap.34:5 An Act relative to the use of headlights on the cars 

OF street railway companies. 

Be it enacted, etc., as follows: 

1906 463 Section 1. Section ninety of Part III of chapter four 

§ 90 of Part iiii. i n, ni . 

Ill, amended, hundred and sixty-three oi the acts oi the year nuieteen 
hundred and six is hereby amended by inserting before the 
word "fenders", in the second line, the word: — headlights. 

Equipment — SO as to read as follows: — Section 90. A street i-ailway 
company shall equip its cars, when in use, with such head- 
lights, fenders, wheel guards, brakes and emergency tools as 
may be required by the board of railroad commissioners, and 
said board may modify its requirements. 
Section 2. This act shall take effect upon its passage. 

Approved April 27, 1911. 



of street rail 
way cars. 



C7iap.3'i6 An Act relative to the conveyance of property to the 

congregational church of NEW^ MARLBOROUGH. 

Be it enacted, etc., a^ folloivs: 
Conveyance Section 1. Auv rcligious socictv couucctcd with tlic 

of property, ^^ • i -i "^ i i» xt -h r 'ii i 

etc. ■ Congregational church ot New i\l an borough may, at any 
meeting called for the purpose, by a majority vote, authorize 
one or more persons in its name and behalf to convey any 
real or personal estate belonging to it to the said church, 
and such estate shall thereafter be held by the church sub- 
ject to the same uses and trusts upon which it was hold by 
the religious society. 
Section 2. This act shall take effect upon its passage. 

Approved April 27, 1911. 



Acts, 1911. — Chap. 347. 315 



An Act to authorize the great barrington fire district Chap.34:7 
TO make an additional water loan for the purpose 

OF PAYING CERTAIN INDEBTEDNESS. 

Be it enacted, etc, as follows: 

Section 1. The Great Barrington Fire District, for the cfreat Bar- 
purpose of paying certain notes or scrip heretofore lawfully D?<ftrict 
issued by said fire district under the provisions of chapter ^ct^of i9*n' 
three hundred and ninety-six of the acts of the year eighteen 
hundred and eighty-seven, may issue bonds, notes or scrip 
to an amount not exceeding forty-five thousand dollars. 
Such bonds, notes or scrip shall bear on their face the words. 
Great Barrington Fire District Water Loan, Act of 1911; 
shall be payable at the expiration of periods not exceeding 
thirty years from the dates of issue; shall bear interest, pay- 
able semi-annually, at a rate not exceeding four per cent per 
annum; and shall be signed by the treasurer and counter- 
signed by the prudential committee of said district. The 
district may sell such securities at public or private sale 
upon such terms and conditions as it may deem proper: 
provided, that they shall not be sold for less than their par Proviso, 
value. 

Section 2. The Great Barrington Fire District shall, at Payment of 
the time of authorizing said loan, provide for the payment 
thereof in annual payments of twenty-two hundred and fifty 
dollars each, beginning in the year nineteen hundred and 
twelve; 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 said bonds, notes 
or scrip, and to make such payments on the principal as may 
be required under the provisions of this act, shall without 
further vote be assessed and collected by said district an- 
nually thereafter in a manner similar to that in which other 
taxes are assessed, until the debt incurred by said loan is 
extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved April 27, 1911. 



>f electric 
meters. 



316 Acts, 1911. — Chaps. 348, 349. 



Chap.^4:8 An Act relative to inspection of electric meters. 

Be it enacted, etc., as follows: 

n.ij.i2i. Section 1. Section thirty-six of chapter one hundred and 

aineiided. twcnty-onc of the Revised Laws is hereby amended by strik- 
ing out the words "if any", in the sixth Hue, so as to read 
Inspection as follows: — Section 36. A customer of an electric h*;hting 
company or such company may apply to the board of gas 
and electric light commissioners for an examination and test 
of any meter in use upon a customer's premises. The board 
shall forthwith cause to be made by a competent and dis- 
interested person such examination and test of said meter 
as in the judgment of the board is practicable and reason- 
able, and shall furnish to the company and to the customer 
a certificate of the result and expense thereof. If upon such 
examination it appears that the meter does not register cor- 
rectly, the board may order the company to correct or remove 
such meter and to substitute a correct meter therefor. All 
fees for examinations and tests shall in the first instance be 
paid by the person or company making application therefor; 
but if the examination or test is made at the request of a 
customer and the meter is found to be incorrect because too 
fast the company shall pay such fees to the board, to be 
repaid by it to the applicant. A meter shall be deemed 
correct for the purposes of this section if it appears from 
such examination or test that it does not vary more than five 
per cent from the standard approved by the board. 
Section 2. This act shall take effect upon its passage. 

Approved April 27, 1911. 



Chap.H4^9 An Act relative to electric light, heat and power 

COMPANIES. 

Be it enacted, etc., as follows: 

Transfer of Section 1. A corporation engaged in the business of 

etc. ' manufacturing or selling electricity for light, heat or power 
shall not, without the authority of the general court, transfer 
its franchise, lease its works or contract with any person, 
association or corporation to carry on its works, except in 
accordance with the provisions of chapter five himdred and 
twenty-nine of the acts of the year nineteen hundred and 
eight and acts in amendment thereof and in addition thereto. 
Section 2. This act shall take ett'ect upon its passage. 

Approved April 27, 1911. 



Acts, 1911. — Cuaps. 350, 351, 352. 317 



An Act relative to the payment of indebtedness of Chap.'d50 

CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Section 1. Section thirteen of chapter twenty-seven of f\^-^i^ 
the Revised Laws, as amended by chapter three hundred amended.' 
and forty-one of the acts of the year nineteen hundred and 
eight, is hereby further amended by inserting after the word 
"debt", in the sixth Hne, the words: — so far as issued, — 
so as to read as follows: — Section 13. A city or town. Proportion- 
instead of establishing a sinking fund, may vote to provide ^j^p^J'^^^s- 
for the payment of any debt by such proportionate or other 
annual payments as will extinguish the same at maturity, 
but so that the amount of such annual payment in any 
vear and the whole interest of such debt, so far as issued, 
payable in the same year shall not together be less than the 
aggregate amount of principal and interest payable in any 
subsequent year, and thereupon such annual amount shall, 
without further vote, be assessed under the provisions of 
section thirty-seven of chapter twelve until such debt is 
extinguished. 

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

Ajjproved April 27, 1911. 

An Act making an appropriation for the Worcester rjhnyy 351 

POLYTECHNIC INSTITUTE. ^ ' 

Be it enacted, etc., as follows: 

Section 1 . The sum of fifteen thousand dollars is hereby Appropria- 
appropriated, to be paid out of the treasury of the common- Worcester 
wealth from the ordinary revenue, to the Worcester Polv- Polytechnic 
technic Institute, as provided for by chapter nve hundred 
and sixty-two of the acts of the year nineteen hundred and 
ten. 

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

Approved April 27, 1911. 

An Act relative to regulations concerning the height C7iap.352 

AND WEIGHT OF MEMBERS OF FIRE DEPARTMENTS. 

Be it enacted, etc., as foUoivs: 

Section 1. Chapter one hundred and ninety-four of the 1904, 194, 
acts of the year nineteen hundred and four is hereby amended ^ ^' ''^'''^^^^■ 
by striking out section one and inserting in place thereof the 



318 Acts, 1911. — Chai>. 353. 

wei-htof"'^ following: — Section 1. No regulations concerning the 

m<'™^j'''sof height or weight of persons who shall be eligible to become 

ments. members of the fire department in any city or town shall 

be made or enforced except b}'^ the city council of the city 

or by the selectmen of the tov/n. 

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

Ajjproved April 28, 1011. 

Chajy.S^S An Act relative to making returns of caucuses. 

Be it enacted, etc., as follows: 

1^105 ^°°' Section one hundred and five of chapter five hundred and 

amended. sixty of the acts of the year nineteen hundred and seven is 
hereby amended by inserting after the word "town", in the 
third line, the words : — or where caucuses are held in one 
precinct or by groups of precincts in any ward, — so as to 
Returns of Tcad as f ollows : — Section 105. Returns of all caucuses of 
caucuses, etc. pQij^j^.^] p^irties at which are made any direct nominations 
for a district comprising more than one ward or town, or 
where caucuses are held in one precinct or by groups of pre- 
cincts in any ward, shall be made according to the provisions 
of section one hundred and thirtv-seven. In Boston the 
election commissioners and in other cities and in towns the 
registrars of voters shall canvass said returns and determine 
the results thereof. Except that for the purpose of tabulat- 
ing and determining the results of all such returns for mem- 
bers of the state committee in the Suffolk senatorial districts 
the chairman of the election commissioners of the city of 
Boston, the city clerk of the city of Chelsea, and the town 
clerks of the towns of Revere and \Yinthrop, shall constitute 
a canvassing board for the first district; the election com- 
missioners of the city of Boston and the city clerk of the 
city of Cambridge shall constitute such board for the second 
and third districts; and the election commissioners of the 
city of Boston shall constitute such board for the remaining 
districts. Said canvassing boards shall meet for such pur- 
pose at the office of the election commissioners in Boston at 
ten o'clock in the forenoon of the INIonday preceding the day 
on which certificates of nomination for senator are required 
by law to be filed with the secretary of the conunonwealth. 
Said canvassing boards shall tabulate and determine the 
results of all such returns, and each canvassing board shall 
certify to the facts required by law. They shall furnish to 
the members of the state committee elected in the Suffolk 



Acts, 1911. — Chap. 354. 319 

senatorial districts certificates of their election and shall send 
to the secretary of the state committee of each political 
party the names and residences of the members of such party 
so elected. Recounts of ballots shall be made as provided 
in section one hundred and thirty-nine. In the case of can- 
didates for a state office in a district comprising more than 
one ward and wholly within any one city, the city clerk, or 
in Boston the election commissioners, shall file in the office 
of the secretary of the commonwealth the certificate of nom- 
ination required by law. In the case of such candidates for 
a district not wholly within any one city or town, each city 
and town clerk in such district, or in Boston the election 
commissioners, shall file in the office of the secretary of the 
commonwealth, in the manner and within the time required 
by law for filing certificates of nomination, copies of the record 
of votes for such candidates, and the secretary shall canvass 
them and determine the results thereof. 

Approved April 29, 1911. 

An Act relative to tabulating and determining the Chav.d54: 

RESULTS OF CAUCUSES. 

Be it enacted, etc., as follows: 

Section one hundred and seventy of chapter five hundred §^i^7^o^^^' 
and sixty of the acts of the year nineteen hundred and seven amended, 
is hereby amended by inserting after the word ''precincts", 
in the second line, the words : — or by groups of precincts in 
any one ward, — so as to read as follows: — Section 170. Returns of 
The clerk of a city or town wherein caucuses are held cuses, etc. 
by precincts, or by groups of precincts in any one ward, 
immediately upon receipt of the returns from the caucus 
officers, which shall be made as provided in section one 
hundred and thirty-seven, shall tabulate and determine the 
results thereof, and shall certify to the facts required by the 
following section, and in accordance with the provisions of 
sections one hundred and seventy-one and one hundred and 
seventy-six, except in cases where the nomination is for an 
office to be filled by the voters of a city or town, in which 
cases no such certificate shall be required. The clerk shall 
also issue proper certificates to the successful candidates and 
notify the chairmen of the city or town committees of the 
respective parties as to the persons who have been elected 
delegates to conventions and members of ward and town 
committees. Approved April 29, 1911. 



320 Acts, 1911. — CiiArs. 355, 356. 



Chap.'iS^^ An Act relative to the signing of certificates of nom- 
ination. 

Be it enacted, etc., as follows: 

i9()7, 560, Section one hundred and seventv-one of chapter five hun- 

amended. drcd and sixtv of the acts of the year nineteen hundred and 
seven is hereby amended by inserting after the word "town", 
in the fourth hue, the words: — and except where caucuses 
are held in one precinct or by groups of precincts in any ward, 
Certificates — SO as to read as follows: — Section 171. Every certificate 
tion!"etc"'^ of nomination shall state such facts as are required by sec- 
tion one hundred and seventy-five and except in cases of 
direct nomination for a district comprising more than one 
ward or town, and except where caucuses are held in one 
I)rccinct or by groups of precincts in any ward, shall be signed 
by the presiding officer and by the secretary of the conven- 
tion or caucus, who shall add to their signatures their resi- 
dences, and shall make oath to the truth thereof. The 
secretary of the convention or caucus shall within the seventy- 
two hours succeeding five o'clock in the afternoon of the day 
upon which the convention or caucus was held and within 
the time si)ecified in section one hundred and seventy-seven, 
file such certificate as hereinafter ])ro^•ided. 

Approved April 29, 1911. 

Chai).'S56 An Act relative to the hunting and possession of 

QUAIL. 

Be it enacted, etc., as follows: 

fm-Thl^hu'^- Section 1. It shall be unlawful excepting only between 
ingand the fifteenth day of October and the fifteenth day of Xovem- 

pobsession o |^^^^ ^^^. ^^^^|^ year, both dates inclusive, to hunt, pursue, take 

or kill a quail or to have the same, or any part thereof, in 
possession except as provided in sections two and three 
hereof; and it shall be unlawful at any time to take or send 
or cause to be taken or transported beyond the limits of the 
commonwealth a quail which was taken or killed within the 
commonwealth, or to have in possession (piail with intent 
to take or cause the same to be taken out of the connnon- 
wealth, except quail artificially proi)agate(l as provided in 
section two hereof. 
PermiBsion Section 2. Upou application to the boanl of connnis- 

granted for sioucrs OH fisheries and game, written permission may be 



Acts, 1011. — Chap. 356. 321 

granted to any person to engage in the rearing of quail and |,f'i'7'-J"'f. 
to dispose of the same under such rules and regulations, 
appro\'ed by the go\'ernor and council, as may be made from 
time to time by the commissioners, and such artificially prop- 
agated quail may be bought, sold and had in possession at 
any season of the year for the purposes of propagation. 

Section 3. It shall be unlawful to buy, sell, ofi'er for Buying and 
sale or otherwise dispose of at any time a quail, or any part quia pro 
thereof, whenever or wherever such bird may have been taken hibited. 
or killed: provided, however, that a person, firm or corpora- Provisos. 
tion dealing in game, or engaged in the cold storage business, 
may buy, sell or have in possession, and a person may buy 
from such person, firm or corporation, and ma>' haxe in 
possession if so bought, quail from the first day of November 
to the first day of January following, if such quail or parts 
thereof were not taken in this commonwealth, and were not 
taken, killed, bought, sold or otherwise disposed of or trans- 
ported contrary to the laws of any state or coimtry. And 
a person, firm or corporation dealing in game or engaged in 
the cold storage business may have quail in possession in 
cold storage for storage purposes, at any season, if such quail 
were not taken or killed in this commonwealth, and were 
not taken, killed, bought, sold or otherwise procured or tlis- 
posed of, or transported contrary to the laws of the state or 
country in which the quail were taken, killed, or transported; 
pwinded, however, that such persons, firms or corporations 
shall have notified in writing the commissioners on fisheries 
and game on or before January first in each year, of the 
species, number of each species, and place of storage of such 
birds, and that such birds are in places and packages con- 
venient for sealing, and that the packages are plainly marked 
with the name and number of the birds therein. The com- 
missioners or their deputies shall then place a seal upon all 
receptacles and packages containing any species of quail. 
The said seal shall not be removed by any person other than 
the commissioners on fisheries and game or their deputies, 
and shall be removed by the said commissioners or their 
deputies upon the first day of November of €ach year. The 
packages so sealed shall not be opened or removed from that 
storage warehouse under a penalty of twenty dollars for each 
bird. But any person, firm or corporation holding a permit 
from the commissioners on fisheries and game may bu}', 
sell, or have in possession live quail for purposes of propa- 
gation within the commonwealth, and for no other purpose. 



322 Acts, 1911. — Chap. 357. 

Penalty. SiXTioN 4. WlioevoF violates any i)rovision of this act 

shall be i)unislie(l by a fine of twenty dollars for each bird 
or part thereof, in respect to which the violation occurs. The 
possession, except as provided above, of quail during the 
season when takinjj;, killing, or .sale is prohibited by law shall 
be prima facie evidence that the person luning possession 
has violated some provision of this act. 

^^^f^^'- Section 5. So much of chapter ninety-two of the Revised 

Laws as is inconsistent herewith and chapter four hundred 
and forty-one of the acts of the j'ear nineteen hundred and 
eight, and chapter two hundred and seventy-two of the acts 
of the year nineteen hundred and nine, and chapter three 
hundred and sixty-five of the acts of the year nineteen hun- 
dred and ten, are hereby repealed. 

Approved April 29, 1911. 

Chap.'']57 An Act relative to the dissent of stockholders when 

STREET RAILWAY COMPANIES SELL THEIR FRANCHISES AND 
PROPERTY OR CONSOLIDATE WITH OTHER COMPANIES. 

Be it enacted, etc., as follows: 
1906 463, Section 1. Section fiftv-two of Part III of chapter four 

s '^^^ 1 art , ' , 

in, amended, hundred and sixty-three of the acts of the year nineteen 
hundred and six is hereby amended by adding at the end 
Consolidation thcrcof tlic followiiig: — Whenever a street railway com- 
wa\ com ' pany sells and conveys the whole or a part of its franchise 
panies, etc. ^^^^^i pj-^^p^.p^y ^q^ qj, coiisolidatcs witli, any other street rail- 
way c()m{)any, every stockholder of l)oth the purchasing or 
consolidated company and of the selling company shall be 
deemed to assent to the terms of purchase and sale or of 
consolidation, when approved by the board of railroad com- 
missioners in accordance with any ])rovisions of law requir- 
ing such approval, unless, within thirty days after the date 
of such approval, he shall file with the clerk of said board a 
writing, declaring his dissent from said terms and stating 
the number of shares held by him and the number of the 
Proviso. certificate or certificates evidencing the same: provided, lioiv- 

cver, that, as against any stockholder under any legal in- 
capacity to act for him.self and having no legal guardian, 
said period of thirty days shall not begin to run until the 
removal of such incai)acity by the ai)i)ointment of a legal 
Valuation guardian, or otherwise. The shares of any stockholder so 
disMnnnK dissenting, shall be accfuired by the ])urchasing or c(ni.soli- 
stmkhoidirs, (lilted company, and shall be valued, and the value thereof 



Acts, 1911. — CiiAr. 357. .'323 

he paid or tendered to, or deposited to or for the account of, 
such st()ckhol(Jer in the manner following: Within sixty days 
after the filing as aforesaid of his dissent from the terms of 
such sale or eons(jlidation, the said dissenting stockhoMer 
or tlie purchasing or consolidated company shall file a peti- 
tion with the supreme judicial court, sitting within and for 
the county in which said stockholder resides or in any county 
in which said company operates any part of its railway, 
which i>etition, if filed \)y the company in a county other 
than that oH the stockholder's residence, may upon his appli- 
cation be removed to the county in which the said stock- 
hoMer resifles, setting forth the material facts and praying 
that the value of such dissenting stockholder's shares may 
be determined. Thereupon, after such notice to all parties 
concerned as it may deem proper, said court shall make an 
order requiring such dissenting stockholder's certificate or 
certificates of stocks to be deposited with the clerk of said 
court, and shall appoint three commissioners to ascertain 
anrl report the value of such dissenting stockholder's shares 
on the day of the approval by the board of railroad commis- 
sioners of the terms of the agreement of purchase and sale 
or consolidation. Said report shall be made to the court 
as soon as is practicable, and, after due notice to the parties 
in interest, shall be accepted by the court, unless before 
such acceptance either of the parties to said proceefling shall 
claim a trial by jury, in which case the court shall order the 
value of saifl shares to be tried and determined bv a jurv in 
the same manner as other civil cases are tried in said court. 
The said commissioners' report, or the verdict, when ac- commission- 
cepted by the court, shall be final and conclusive as to the beVifrrind" 
value of such dissenting stockholder's shares, and the amount gtc''^''^'*'^^' 
so ascertained as such value shall at once be paid or tendered 
to such stockholder; or, if such payment or tender be im- 
practicable for any cause, shall be paid into court. Upon 
such payment or tender or deposit, the shares of such di.s- 
senting stockholder and the certificate or certificates thereof 
shall become the property of the purchasing or consolidated 
company, whose right and title thereto may be enforced by 
the court by any appropriate orrler or process. Exceptions Exceptions. 
may be taken to any ruling or order of said court, to be 
heard and determined by the full court as in other civil 
cases; and said court may make all such orders for the en- 
forcement of the rights of any party to the proceedings, for 
the consolidation of two or more petitions and their refer- 



324 



Acts, 1011. — Ciiai>. 358. 



ence to the same commissioners, for the consolidation of 
claims for a jury trial and the trial of two or more cases by 
the same jur\', and for the payment of interest upon the \alue 
of a stockholder's share as determined, and the payment of 
costs by one party to the other, as justice and equity and the 
speedy settlement of the matters in controversy may require. 
Section 2. This act shall take effect upon its passage. 

Approved April 29, 1911. 



1905, 438. 
§ 2, amended. 



Bonds of 
partnerships, 
associations, 
etc. 



Chajy.^^S An Act to regulate the taking of deposits by certain 

PERSONS, PARTNERSHIPS, ASSOCIATIONS OR CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and twenty-eight of 
the acts of the year nineteen hundred and five is hereby 
amended by striking out section two, as amended by section 
two of chapter four hundred and eight of the acts of the year 
nineteen hundred and six, and inserting in place thereof the 
following: — Sectioji 2. Said bond shall be executed by said 
persons, partnerships, associations or corporations as prin- 
cipal, with at least two good and sufficient sureties who shall 
be residents and owners of real estate within the common- 
wealth, or by said persons, partnerships, associations or 
corporations as principal and a surety company a})proved 
by the bank commissioner. In lieu of the aforesaid sureties, 
the persons, partnerships, associations or corporations may 
deposit, and the treasurer and receiver general shall accept 
as security for the fulfilment of the provisions of the bond, 
money, bonds of the United States, of this commonwealth 
or of any municipality thereof, or, if approved by the bank 
commissioner, other bonds, certificates of deposit issued by 
a national bank or trust company, or deposit books of de- 
I)ositors in savings banks or trust companies. The money 
or securities so deposited shall be held on the conditions 
specified in the aforesaid bond. If securities be deposited 
in lieu of the aforesaid sureties and be accepted, the treasurer 
and receiver general shall require the depositor to maintain 
such deposit at a value equal to the amoimt fixed as the pen- 
alty of the bond, and he may in his discretion j)ermit the 
substitution of securities for monev, or of nK)iie\- for securi- 
ties, in whole or in part, or of money or securities for any 
sureties, or of a bond for money or secin'ities dept)siteti, or 
the withdrawal of securities deposited and the substitution 
of others of equal value in their place, and if the total \ alue 



Acts, 1911. — Chap. 358. 325 

of the securities becomes substantially impaired he shall 
require the deposit of money or additional securities suffi- 
cient to cover the impairment in value. This bond shall 
not be accepted unless approved b\' the treasurer and receiver 
general, and upon such approval it shall be filed in his office. 
I^pon notice of such approval the bank commissioner shall T.sR"eof 

. ,. j_i • • .1 1 . license, eto. 

issue a license authoriznig the persons, partnerships, asso- 
ciations or corporations in question to carry on the aforesaid 
business for a period of one year from the date of the issuance 
of the license, at a place to be specified therein, and no per- 
sons, partnerships, associations or corporations shall enter 
into or continue in the aforesaid business without such au- 
thority. The license shall state the kind of business which 
the licensee is authorized to carry on, either that of receiving- 
deposits of money for safe-keeping, or that of recei^■ing money 
for the purpose of transmitting the same or equivalents 
thereof to foreign countries, or that of receiving deposits of 
money for safe-keeping and transmission to foreign countries. 
If authority is therein given the licensee to carry on the busi- 
ness of receiving deposits of money for the purpose of trans- 
mitting the same or equivalents thereof to foreign countries, 
he shall pay for such license an annual fee of twenty-five 
dollars, but if authority is given to receive deposits of money 
for safe-keeping, or for the purpose of safe-keeping and 
transmission abroad, then an annual fee of fifty dollars shall 
be paid. The license shall not be transferred or assigned. J^'be^uans* 
It shall not authorize the transaction of business at any place fened, etc. 
other than that described in the license, except with the 
written approval of the bank commissioner. If authority 
is given to any licensee to transact the business described in 
the license at more than one place of business the licensee 
shall pay annually an additional fee of five dollars for each 
additional place of business so authorized. Immefliately 
upon the receipt of the license issued by the bank commis- 
sioner, the licensee named therein shall cause the license to 
be posted and at all times conspicuously displayed in the 
place of business for which it is issued, so that all persons 
visiting such place may readily see the same. It shall be 
unlawful for any licensee to post the license or to permit 
the license to be posted upon premises other than those 
designated therein or those to w^hich it has been transferred 
with the written approval of the bank commissioner, or 
knowingly to deface or destroy any such license. The money Money de- 
and securities deposited with the treasurer and receiver gen- constkufe a 

trust fund. 



326 



Acts, 1911. — Chap. 358. 



Money de- 
posited to 
constitute a 
trust fund. 



1907, 377, 
§ 4, amended. 



eral as herein provider], and the money whieh in case of 
default shall be paid on the aforesaid bond by any licensee 
or the surety thereof, shall constitute a trust fund for the 
benefit of such persons as shall deliver money to the licensee 
for safe-keeping or for the purpose of transmitting the same 
to foreign countries, and such beneficiaries shall be entitled 
to an absolute preference as to such money or securities 
over all general creditors of the licensee. The license shall 
be revocable at all times by the bank commissioner for cause 
shown, and in the event of such revocation or of a surrender 
of the license, no refund shall be made in respect of any license 
fee paid under the provisions of this act. Every license shall 
be surrendered to the bank commissioner within twenty-four 
hours after notice in writing to the holder that the license 
has been revoked. In case of the revocation of the license, 
the money and securities and the bond, if there be one, shall 
continue to be held by the treasurer and recei\'er general for 
a period of one year from the date of the revocation of the 
license unless otherwise directed by the order or judgment 
of a court of competent jurisdiction. ^Vhenever a person, 
partnership, association or corporation shall be granted a 
license to carry on only the business of receiving deposits of 
money for safe-keeping, or only that of receiving deposits 
of money for the purpose of transmitting the same or eclui^•a- 
lents thereof to foreign countries, the condition of the bond 
requirefl by section one of chapter three hundred and se\enty- 
seven of the acts of the year nineteen hundred and seven may 
be the faithful holding or repayment of the money deposited 
or the faithful holding and transmission of the money or 
equivalents thereof, respectively, instead of the condition 
described by said section one. "^I'he sum of the bond shall be 
liable at any time to be increased in such amounts as shall 
be shown by the examination to be necessary. 

Section 2. Section four of chapter three hundred and 
seventy-seven of the acts of the year nineteen hundred and 
seven is hereby amended by striking out at the end thereof 
the words "The pn)per charges incurred by reason of any 
such examination shall be paid by the person, partnership, 
association or corporation concerned." 

Appraved April 20, 1011. 



Acts, 1911. — Chaps. 359, 360. 327 



An Act relative to information filed with the tax Chap.i^59 

COMMISSIONER IN CONNECTION WITH THE ASSESSMENT OF 
TAXES UPON LEGACIES AND SUCCESSIONS. 

Be it enacted, etc., as follows: 
Section 1. Papers, copies of papers, affidavits, state- Assessment 

, 1 1 • i> j' I • 1 /Ml 'j-l of taxes Upon 

ments, letters and other inrormation and evidence iiled witli legacies and 
the tax commissioner in connection with the assessment of si'^f<'*>^"'"«- 
taxes upon legacies and successions, except inventories filed 
vvitli the tax commissioner under the provisions of section 
thirteen of Part IV of chapter four hundred and ninety of 
the acts of the year nineteen hundred and nine, as amended 
by section five of chapter five hundred and twenty-seven 
of the acts of the year nineteen hundred and nine, shall be 
open only to the inspection of persons charged or likely 
to become charged with the payment of taxes in the case in 
which such paper, copy, affidavit, statement, letter or other 
information or evidence is filed, or their representatives, and 
to the tax commissioner, his deputy, assistants and clerks 
and such other officers of the commonwealth and other per- 
sons as may, in the performance of their duties, have occa- 
sion to inspect the same for the purpose of assessing or 
collecting taxes. 

Section 2. Nothing in this act shall be construed as Authority of 

,. . . , 1 ,• • 1 ,1 • e supervisors of 

limiting the duties imposefl upon the supervisors oi assessors assessors not 
by section six of Part III of chapter four hundred and ninety ''"»'*'''i- 
of the acts of the year nineteen hundred and nine, or as pro- 
hibiting the use of such papers, copies, affidavits, statements, 
letters and other information and evidence in legal proceed- 
ings involving the assessment, collection or abatement of 
taxes. 

Section 3. This act shall take effect upon its passage. 

Approved April 29, 1911. 

An Act to incorporate the boston industrial develop- (J]i(i,)^^QO 

ment company. 

Be it enacted, etc., as follows: 

Section 1. George S. Smith, James A, McKibben and fn^uTtriai 
David F. Edwards, their associates and successors, are herebv peveiopm 

I . ., ., ipix i'-L* Company 



jment 



made a corporation without capital stock for the term of ten incorporated. 
years from the passage of this act, by the name of the Indus- 
trial Development Comjjany of the Boston Chamljer of 



328 



Acts, 1911. — Chap. 360. 



Proviso. 



Corporation 
may endorse 
iiotPS, etc. 

Provisos. 



Bv-lawa. 



Commerce, for the purpose of assisting financially or other- 
wise new and existing industries in the commonwealth. 
Except as may otherwi.se be provided herein, the said cor- 
poration shall have all the powers and privileges and shall 
be subject to all the duties, restrictions and liabilities set 
forth in all general laws now or hereafter in force applicable 
to business corporations: provided, that nothing herein con- 
tained shall authorize the corporation to do any form of 
banking business or of insurance business, or to act in any 
manner as a public service company. 

Section 2. To carry out its purposes the corporation 
may endorse notes of persons, partnerships, voluntary asso- 
ciations or corporations, with or without security: provided, 
that the total amount of notes so endorsed and outstanding 
at any one time shall not exceed one million dollars; and 
provided, further, that no note for an amount less than one 
thousand dollars shall be endorsed by the corporation. The 
corporation may acquire, hold and sell such real estate and 
personal property as is necessary for the conduct of its 
business, provided, that it shall not own at any one time 
real estate exceeding five hundred thousand dollars in value. 

Section 3. The corporation may make by-laws not in- 
consistent with law for the government and regulation of 
its affairs and may provide by such by-laws that its member- 
ship may include persons, ])artnerships, voluntary associa- 
tions or corporations. The corporation may, conformably 
to its by-laws, make contracts with its members or with 
any other persons, partnerships, vohuitary associations or 
corporations, said contracts to j^rovidc that such members 
or other persons, partnerships, voluntary associations or cor- 
porations do guarantee resjiectivelv' the endorsements of the 
corporation to such amounts as are stated in said contracts, 
and the total lial)ility of any member or of any other per- 
son, partnership, voluntary association or corporation for 
the endorsements of the corporation shall be limited to the 
amounts stated in their respective contracts. From time to 
time, as the directors of the corporation may determine, the 
corporation may i)ay to the jicrsons, partnerships, volun- 
tary associations or corporations which have made contracts 
with it, according to the ])ro\isions of this section, any or all 
profits made by it in the transaction of its afi'airs. Ail the 
books, accounts, contracts, notes, seciu'ities and other docu- 
ments owned by or in the custody of the corporation, or 
held by the corporation as collateral security shall be oik'Ii 



Acts, 1911. — Chap. 361. 329 

to the inspection of the commissioner of corporations at such 
times as he may deem necessary. 

Section 4. At the expiration of this chaiter, or prior Assets of 
thereto if the corporation desires to close its affairs, the assets to'ife'dts-"'" 
of the corporation, after the payment of its debts and liabih- aftahJ^ti^'^''" 
ties, shall be equitably distributed among such members and f'osed. 
other persons, partnerships, voluntary associations or cor- 
porations as luiA'c made with the corporation contracts of 
guaranty authorized by the preceding section. 

Section 5. This act shall take effect upon its passage. 

Approved April 29, 1911. 

An Act relative to cash surrender values, paid-up (J])(u^ 3(31 
insurance and extended insurance on prudential 

and INDUSTRIAL INSURANCE POLICIES. 

Be it enacted, etc., as follmvs: 

Section 1. After premiums have been paid for three full fif^l^en^gr 
vears on anv polic\' of prudential or industrial insurance, values, etc, 

• 1 1 'i • p 1 1 • n 1 1' 01 certain 

issued by a domestic company, after the thirty -nrst day ot insurance 
December, nineteen hundred and eleven, then, in case of p"'^'**®- 
failure to pay any subsequent premium, the policy shall be 
binding upon the company from the date of default, without 
any further stipulation or act, as extended term insurance 
for its face amount, from the date to which premiums have 
been paid, for such term as will be purchased at the attained 
age of the insured by a net single premium which shall be the 
full reserve on the policy at the end of the last policy year 
for which the premiums were paid in full, plus a proportion- 
ate part of the increase in the reserve of the succeeding year 
for each additional thirteen weeks' premium paid, computed 
upon the mortality and interest assumption on which the 
company elects to reserve as prescribed by the laws of this 
commonwealth, less an amount not exceeding two and one 
half per cent of the sum insured, and less any indebtedness 
to the company on the policy, or secured thereby. 

Section 2. After premiums have been paid for five full yea^splymem 
years upon any such policy of prudential or industrial insur- r^R"''*"-^' 
ance, the holder thereof, in case of any default in the payment elect to re-' 
of a subsequent premium, may, by writing filed with the com- up p^oHc^ns' 
pany at its home office, within the term of extension and not ^''^• 
later than thirteen weeks from the date to which premiums 
have been paid, elect in lieu of extended insurance, (1) to 
surrender the policy to the company and receive in exchange 



330 Acts, 1911. — Chap. 362. 

therefor a paid-up policy of not less value according to the 
mortality and interest basis aforesaid, payable at the same 
time and on the same conditions as the original policy, or 
(2) to surrender the policy with the assent of the person to 
whom it is payable, and receive its value in cash within sixty 
days after the demand therefor, which surrender value shall 
be equal to the net single premium computed in the manner 
above provided in the case of extended insurance. Any such 
I)olicy of prudential or industrial insurance which nnder the 
provisions hereof shall, after five years from its original date 
of issue, become extended insurance, or a paid-up policy, 
shall have a cash value which shall be its net value at the date 
of the application therefor, less any indebtedness to the com- 
pany then existing thereon or secured thereby, and which the 
holder thereof may, with the written assent of the person to 
whom the policy is payable, claim and receive in cash witliin 
sixty days after written demand therefor. 
Notice of Section 3. Within ninety days after the lapse of any such 

policy, etc. poHcy of prudential or industrial insurance, on which any of 
the foregoing options have become available and upon m liicli 
settlement has not been made, and which does not contain 
a table showing in figures the extended insurance, paid-up 
insurance and cash surrender values available as herein pro- 
vided, the company shall send a notice thereof to the last 
known address of the insured stating the term of extension, 
and the amount of the paid-up insurance, and the amount 
of the surrender value. The affidavit of any officer, clerk, 
or agent of the company, or any one authorized to mail such 
notice, that the notice required herein was tluly mailed by 
the company, shall be presumptive exidence that such notice 
was duly given, 
tll'idn "effect ^RCTioN 4. Tliis act sliall take effect on the thirty-first 

day of December in the year nineteen hundred and eleven. 

Approved April J/>, 7/>//. 

Cli(ij)'i\(S'2i An Act to establish a part of the boundary line be- 
tween THE TOWNS OF BELMONT AND WATERTOWN. 

Be it enacted, dr., as fulloirs: 

Boumiary SECTION 1. Thc followiug described line siiall hereafter 

Imc liclween , . i i i i- i i i- 1 1 i 

the towns of be ni part tlie boundary luie between the towns oi I)elnu)nt 
Wau'riowi" and Watertown: — Beginning at a granite moiunnent stand- 
ing at the western tenniinis of the southerly line of Bflniont 
street as relocated and established b\' the count \ connnis- 



Acts, 1911. — Chap. 363. 331 



sioners of the county of Middlesex, by their return and 
order made on the fourteenth day of June, eighteen hundred 
and ninety-eight, and described in chai)ter three hundred and 
seventy-eight of the acts of the year nineteen hundred and 
three; thence running westerly, following the southerly line 
of Belmont street, as relocated by said county commissioners 
bv their decree dated the eighteenth day of June, nineteen 
hundred and ten, to a granite monument standmg near Lex- 
ington street and marking the southern terminus of the exist- 
ing line between the towns of Belmont and Watertown, and 
thence running south thirty-four degrees, thirty-four minutes 
east, true bearing, twenty-three hundred sixty and eighteen 
one hundredths feet from the corner of said towns and the 
citv of Waltham. Said new southerly line of Belmont street 
is shown on a plan on file in the office of the county commis- 
sioners of the county of jMiddlesex, entitled " Plan of Belmont 
street, Belmont, as ordered by the county commissioners 
June 18, 1910." 

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

Aj) proved April 29, 1911. 

An Act to dissolve certain corporations. C/mj9.363 

Be it enacted, etc., as folloics: 

Section 1. Such of the following named corporations as corporations 
are not already legally dissolved, are hereby dissolved, sub- 
ject to the provisions of sections fifty-two and fifty-three of 
chapter four hundred and thirty-seven of the acts of the year 
nineteen hundred and three: — 

A. Baab & Co., Incorporated 

A. F. Murphy Die and Machine Company 

A. G. Pease Company 

A. Guerini Stone Company 

A. H. Bliss Company 

A. H. Whitney Association, Inc. 

A. M. Richards Building INIoving Company 

A. P. Wentworth & Co., Inc. 

A. R. Cushman Company 

A. Shepard, Inc. 

Acme Jewelry Company 

Acme News Co. 

Adalian Oriental Rug Company 

Adams Motor Transfer Company 



dissolved. 



332 Acts, 1911. — Chap. 363. 

d^ved""" Aetna Heatin<? Company 

Aetna Shoe Syndicate, Incorporated 

Aitken Company, The 

Aitta Co-operative Grocery Company 

Ajax Electric Manufacturing Co. 

Alberts Company, The 

Alden Bryant Company 

Alden Sampson ■Manufacturing Co. 

Alexander Duncan Co. 

Algonquin IMotor Car Company 

Altshuler Manufacturing Company 

American Canned Products Company 

American Cigar Company 

American Coil Company 

American Cotton Company 

American Drug Box Company 

American Foundry Company 

American Live Poultry- Co. 

American Nitrate Company 

American-Portugues Merchandise Comi)any, The 

American Poultry Car Company 

American Rusks Company 

American Securities & Transfer Company 

American Steam Superheater Companx' 

American Transportation Supi)ly Company 

Amusement Construction Company 

Anderson Textile Manufacturing Company 

Angels Marble Company 

Applied Arts Company, The 

Apponagansett Company 

Archibald Manufacturing Company 

Arkansas Trap Rock Company 

Arms Manufacturing Company, The 

Arnaldo Fiasconi Company 

Arthur C. TIarvey Company, The (ISOl) 

Arthur C. Stern Company 

Ascutnev Lumber Co., The 

Atlantic Glue Company 

Atlantic Machine Company 

Atlantic Stove & ^Manufacturing Company 

Atlantic Tea Company 

Atlas -lewclry Company 

Automatic Bottle Blacking Company 

Automatic Target Alley Conijjany 



Acts, 1911. — Chap. 3G3. 333 

Automobile Coaching Company, The Corporatious 

Automobile Reference Bureau, Inc. 

Back Bav Medical and Turkish Baths, Incorporated, 

The " 
Bailey Automobile Company 
Balfour Manufacturing Company 
Bangs Peat and Coke Company, The 
Barkine Manufacturing Company 
Bartels-Hyde Supply Company 
Bay State Art Company 
Bay State Auto Company 
Bay State Brass Co. 
Bay State Caloric Bath Company 
Bay State Co-operati\e Bench Show Association, The 
Bay State Gas Company, The 
Bay State Hard Plaster Company 
Bay State Ornamental Iron & Wire Works 
Bay State Press 

Bay State Saw & Machine Company 
Bay State Shoe and Leather Company 
Bay State Underwear ^Ifg. Co. 
Beachmont Drug Company 
Beacon Loan Company 
Beacon Park Amusement Company 
Beacon Taxi-Cab Co. 
Bell Finding Company 
Benedict Specialty Co. 
Bennett Bros. Gas Engine Co. 
Bennison Company, The 
Berkshire Baking Company 
Berkshire Cycle & Automobile Company 
Berkshire Manufacturing Company 
Berkshire White Lime Company 
Bernard Billings Company 
Blaney, Campbell Company, Inc. 
Bhss Manufacturing Company 
Blue Ribbon Laundry C^ompany 
Boothby Hospital, The 

Boston and Gloucester Construction Company 
Boston Art Silver Plate Company 
Boston Auto Light Company 
Boston Automatic Dish-washer Company 
Boston Branch (Incorporated) 
Boston Camera Exchange, (Inc.) 



334 Acts, 1911. — Chap. 3(33. 



Corporations Bostoii CofYce Compaiiv 

dissolved. / < "^ 

Boston ( oked I cat ( ompaiiy 

Boston Company, The 

Boston Co-operative Flower Growers Assoeiation, The 

Boston Counter Company 

Boston-Cranston Coal Comj)any 

Boston Curtain Mnfg. Co. 

Boston Dress Stay Company 

Boston Druggists' Supply Company 

Boston Excursion Steamship Company 

Boston Exploration Company (1898) 

Boston. Garbage (^an Company 

Boston Gas Light Company 

Boston Hardware Specialty Co. 

Boston Herald Company, The 

Boston Hosiery Comj)any 

Boston Improvement Co., The 

Boston Machine KniFe Company 

Boston Paint Company 

Boston Railway News and Restaurant Company, The 

Boston Sanitary Disposal Company 

Boston Sculpture Company 

Boston Sheepskin Company 

Boston Sight Seeing Auto Company 

Boston Theatre, The Proprietors of the 

Boston Trust Associates, Incorporated 

Bo.stonian Amusement Company, The 

Bourne and Co., Incori)orated 

Bowden Felting Mills Company 

Bowman-Carr Company 

Bright and Howes, Incorporated 

Brightwood Brick Company 

Bristol County Drug (A)m])any 

Bristol County I^'xpress Co. 

Broadway Hardware Company 

Brockton, Campello and Boston Express Coni]>iUiy 

Brockton Co-operative Association 

Brockton Folding IMachine Company 

Brockton National Shoe Co. 

Brockton Storage Warehouse Company 

lirookline (tms Light Company 

Brookline Hardware Comi)any 

Brown Mercerizing Company 

Buena \'ista Fruit Company 



Acts, liMl. — Chap. 363. 335 



Bullock Laundry Company Corporations 

Burns Worcester Company dissolved. 

Business Builder Publishing' Company, The 

Butler Auto Supply Con)])any 

Buzzell Heat & Light Generator Company 

C. A. C. Axe Company 

C. B, Williamson Company 

C. E. Ball Drug Company, The 

C. F. vSheckleton Company 

C. H. Buck Painting Company, The 

C. S. Curamings Company 

C. W. Moore Leather Company, Incorporated, The 

Cain Wine & Spirit Company 

Cape Ann Granite Railroad Company, The 

Carrael Tea & Coffee Company' 

Carter and Cooley Company 

Carter Wooden Ware Company 

Caton Bros., Co. 

Cavanaugh Company 

Celt Publishing Company, The 

Central Express Company 

Central Inter State Express Company 

Champion Igniter Company 

Chapman Trap Nest Comjiany 

Charles B. Barnard Company 

Chas. C. Phillips, Incorporated 

Chas. E. Hall Co. 

Charles River Garage Company 

Charles River Power Company 

Charles Waugh Company 

Cheewawbeek Farm, Incorporated 

Chelsea Distributing Company 

Chelsea Moulding Company 

Chester S. Morrison Co. 

Churchill Company, The 

Citizens' Inter-State Express Company 

Cleav^eland Securities Company 

Clemson-Bailey Company 

Cobb-Eastman Company, The 

Cochituate Oil Proof Co. 

Coin Control Scissors Sharpening Company, The 

Collins Drug Company 

Colonial Furniture Company, The 

Coman Drug Company, The 



a3G Acts, 1911. — Chap. 3(33. 

Coiporatious Commonwealtli Motor Cur Companv 

dissolved. i.i i /^ r- ^ 

C oiicrete lower IJlock ( oinpaiiy 

Coney Island Motor Boat Company 

Consolidated Cranberry Company, The (19(11) 

Consolidated (ias Ineandescent Light Company 

Consumers (ias Coni])any of Boston 

Consumers I niversal Suj^ply Company 

Continental Waste Company, Incorporated 

Cook-Perkins Tack Company 

Coolidge Refrigerator and Car Company 

Co-operative Candy Company 

Co-operative Coal & Wood Company, The 

Co-operative Loan Company, The 

Co-operative Realty Company 

Co-Op. Stain and Blacking Comj)any 

Corperdix Paper Tube Company 

Costello-Linsky Company 

Cotter's Express Corporation 

Craftsman Press, Inc. 

Craig and Craig Company 

Crescent (jardens Amusement Company 

Crowell Cold Storage Company 

Crowell, Goldsmith & Knox, Incorporated 

Crown Hair Cloth Company, " Incor]x)rated ' 

Crown Hat Fastener Company 

Crystal I>ake Farm Dairy Co. 

Crystal Sweet Company 

Cullen Horseshoeing Company 

Currier and Campion Company 

Cushman Motor Company 

Cut Price (loak Company 

Cyrus T. Clark Company 

I). R. Jones Company 

Daly Luncheon Company, Tlie 

] )aniels-(ileason Conij)any 

Danvers Carriage Company 

Davis Interstate Express Comi)any 

Dawson Manufacturing Company 

Dawson's Express Company 

De Forge-Le Colst Shirt Company 

Delta Mining Company 

Dennis & Scott, Inc. 

Detachable Twin Rubber Heel Company 

Dinsmore Express Company 



Acts, 1911. — Chap. ;K)3. 337 

Disappear! 11 <j; Window Screen Company, The Corpora (ions 

-r>.. V-i I 1 /^-i 1- " dissolved. 

Dizer-( opelaiKl ( ompany 

Dr. Reed Cushion Shoe Company (Incorporated) 

Dodge Sander Company, The 

Don Shoe Company 

Dorchester Gas Light Company 

Double Weather Strip and Sash Adjuster Comi)aiiy, The 

Douglas-Crawford Press, The 

Dover Express Company 

Dunn & Co., Inc. 

Dunster Cafe Company 

Duplex Sheet and Plate Company 

Durant Company 

Dyer Axle Lock Nut Company 

E. A. Smith Company, Inc. 

E. C. Bliss Manufacturing Company 

E. D. Shadduck, Incorporated 

E. F. McLean Company 

•E. L. Wood Box Company, The 

E. M. Phillips Lumber Co. 

E. W. Sprague & Co., Inc. 

Ease Company, The 

East Boston IManhattan Market Company 

East Gloucester Ferry Company 

East River Engineering Company 

Eastern Avenue Coal Company 

Eastern Casing Company 

Eastern Chicle Company 

Eastern Drafting Co. 

Eastern Dress Goods Company 

Eastern Hotel Company 

Eastern Pneumatic Tire Company 

Eastern Powder Company 

Eastern Rag and Metal Company 

Eastern Webbing Company 

Eastern Worsted Company 

Easton Company, The 

Edgartown Hotel Company 

Edward HeflFernan Company 

Edw^ardes and Mitchell Electric Company 

Eisenberg Iron and Metal Company, Incorporated 

Electrical Advertising Company 

Electrical Construction Compau}', The 

Elizabeth Poole Mills 



338 Acts, 1911. — Chap. 363. 

Corporations Y,\\[^ ^ Harris Company 

dissolved. 1 J 

hliner A. ixore ( ompany 
Elmwood Pharmacy, Incorporated, The 
Emery Bemis & Co., Inc. 
F>mpire Freezer and CooHng Co. 
Empress Ciirtani Mills Company 
Enterprise Specialty Manufacturinji; Company, The 
Enterprise Transportation Company 
Eqnitable Supply Company 
Erickson Electric Equipment Company 
Essex Inter-State Express Company 
Essex Supply Company 
Euclid Tailor Parlors, Inc. 
Eureka Leather Company 
Eureka Manufacturing Company 
Eureka Oil Company 
European Tobacco Company 
Evans Slate Company 
Everett Gas Company 
Everett H. Davis Company 
Everett Independent Publishing Company 
Excel Leather Company, The 
Excelsior Inter-State Express Company, The 
Excess Indicator Company 
F. A. Bassette Company, The 
F. E. Cottle Company 
F. P. Baker Moulding (^ompany, The 
Fairmount Interstate Express Company 
P^iirmount Park and Hotel Company 
Falkson Cohen Company 
Falvey Brothers Company 
Farnum-IIanscom Company, The 
Faulkner P^xpress Company 
Finnish-American Trading Co. 
Fitchburg Granite Com])any, The 
Fitchburg Mamifacturing Company 
Fitzgibbon JNIica Company 

Fitzgerald Transportation and Storage Warehouse Com- 
pany 
Flanders Company 
Flashman Bros., Inc. 
Folsom Tea Co. 

Forest Lumber and Mamifacturing Co. 
Frank Tenney Com])any, The 



Acts, 1911. — Chap. IM)S. 339 

Franklin Press, Incorporated, The Corporations 

Franklin Remedy Company 

Franklin Square Garage Co. 

Frederick W. Rodgers Company, Inc. 

Frederick W. Storck Company 

Fredrik Peterson Co. 

Freeman Brothers Company 

French American Supply Association 

French Carriage Company, The 

French licather Novelty Company 

Fuller Company, The 

Fuller Shoe Company, The 

G. Fleury, S. Wienert and Company, Inc. 

G. N. Pilalas and Company, Incorporated 

G. S. & A. J. Howe Company 

Galusha Gas Power Co. 

Gardella Express Company 

Geisel Automobile Station, Incorporated 

General Automobile Company 

George A. Howe Co., The 

George Close Company, The (1897) 

Geo. D. Jewett Bag Company, The 

George F. Mooney Company 

George H. Sibley Company 

George L. Kerr Co. 

George Martin Confectionery, Inc., The 

George R. Rucker Company 

George S. Tarbell Company 

Gilman School, Incorporated, The 

Gilman Talc Mines (Incorporated) 

Gilmore Brick Company 

Globe Mattress Manufacturing Company 

Gloucester Interstate Express Co. 

Golden Sheaf Mining and Milling Company 

Golden West Cafeteria Company, The 

Gordon Automobile Supply Comi)any 

Grafton Inter-State Express Company 

Grange Publishing Company, The 

Granite Wharf Marine Railway 

Greater Boston Illuminating Company 

Green Mountain Lumber Company 

Greene Shoe Company 

Groton Ice Company 

Grout Bros. Automobile Company 



MO 



Acts, 1911. — Chap. 3(33. 



Corporations 
dissolved. 



Grover Drug Company 

(luaranty Trust of Boston (Inc.) 

Gulliver Lacing Stud Company 

Guptill Company, The 

H. C. & C. D. Castle (Incor])orated) 

H. F. Keyes Wagon Company 

H. V. Lewis Leather Company 

Hall and Hancock Company 

Hall-Bardwell C^o. 

Ham & Carter Company 

Ham & Carter Co., Inc. 

Hamilton Life Preserver Company 

Handicraft Shop, The 

Hanover Printing Co. 

Hanson Gas and Electric Company 

Harding Knitting Com])any 

Harmon Loan & Securities Co. 

Harriman Webbing Company 

Harry ^L Farnam Company 

Hartland Lumber Co., The 

Harvard Correspondence Schools, Inc. 

Harvard Ice Cream Cone Company, The 

Harvey C. Wheeler Company 

Hastings Wharf Company 

Hatch Express Company 

Haymarket Construction Company 

Hendee Manufacturing Company (1898) 

Henderson Trapocrete Company. 

Henneman Coffee Roaster Co. 

Hercules Tire Company 

Hewett Lunch Co. 

Hewitt Express Company 

Highland Foundry Comj)any (1876) 

Holland Box Company 

Holla 11(1 Electric Company 

Hoine Culture Club 

Home Securities Comjjany 

Homer Emerson Company, The (1 !)()")) 

Horace K. Turner Corporation 

Houghton Web Co. 

Howard Moving Picture Company, The 

Howe Paint vie Color Works 

Hudson Inter-State Express (\)mpany 

Humane Horse Iviuipment Company 



Acts, 1911. — Chap. 363. 341 

Hunt Leather Goods Co. Corporations 

Hunt Manufacturing Company 

H^genia Brush Company (1909) 

Hyland Mattress Co., Incorporated 

Imperial Shoe Manufacturing Co. 

Incorporated Law Association, The 

Independent Cash-Carrier Company 

Independent Cloak Company 

Independent Grocery Corporation 

Independent Inter-State Express Company 

Inn Company 

International Manufacturing Company 

International Seed and Bulb Supply Company 

Interstate Express Co. of Fall River, The 

Investment Corporation, The 

J. A. Cloutier Co. 

-J. B. Raymond Company 

J. Brest Company 

J. E. Hill Company, The 

J. F. Wright Shoe Company, The 

J. G. Phinney Counter Co. 

J. H. Williams Wall Paper Company, The 

J. Holbrook & Sons Company 

J. J. Slattery Company 

J. ]\I. Howard and Son Company 

J. P. Cunningham Company. Incorporated 

J. S. Nelson & Son Shoe Company 

J. Shlain Company 

J. T. Saunders Company 

J. W. Griffin Company 

J. W. Moore Company, The 

Jackson Automobile Company of Boston 

Jackson Patent Shell Roll Corporation, The 

Jackson Wire Mfg. Co. 

Jamaica Plain Gas Light Company 

James Flynn Architectural Iron Works Company 

James H. Whittle Company 

James X. Stuart Co. 

James Tucker Company 

James Wheelock Home for Little Strangers, The 

Jarvis Engineering Company (1883) 

Jersey Cloth Company, The 

John E. Sullivan Shoe Company 

John R. Poole Company 



342 Acts, 1911.— Chap. 3G3. 

Corporations Johnson Milling Company 

Johnston ik Lindsay Inc. 
Jones Law ( 'orporation 
Jordan and Bradley (Inc.) 
Jules & Frederic Company 
K. & T. Manufacturing Company, Incorporated 
K. G. Laham & Company, Inc. 
Karnak Chemical Company 
Keilty Company, The 
Kent Street Laundry Company 
Kerr-Stockbridge Company 
Kettelle School of Arts and Industries, Inc., The 
Kettle Brook Stone Company 
Kiernan IVIanufacturing Company, The 
Kingman Shoe Company 
Kline Kar Automobile Company 
Kline-Richards Company 
Knowlton Packing Company (Incorp.) 
L. Erikson Electric Company 
L. M. Bowes Company (1904) 
L. M. Glover Co. 
L. R. Sweatland Company, The 
Lafayette Express Company 
Lake Pleasant Hotel Corporation 
Lambros Amusement Company 
Laurel Lake Hotel Company' 
Lawrence Athletic Association 
Lawrence Coal Company 
Lawrence INIachine Company (ISSO) 
Le Baron Foundry Company 
Leominster Company, The 
Leonard Thompson Coal Co. 
Liberty Manufacturing Co. Inc. 
Liberty Tobacco Company 
Lincoln Trust Corporation 
Lion Drug Company 
Listed Securities Corporation 
Lister-Noble Roller Company 
Logan, Swift and Brigham Envelope Company 
London Shop, Inc. 
Loring Speed (lauge (^o. 
Lothrop and Walker Company 
Lott-English Furniture Company 
Loveland Shoe Company, The 



Acts, 1911. — Chap. 3G3. 343 

Lowell Baseball Association Corporations 

T II Ti • u /"> dissolved. 

Lowell laxicab C ompany 
Lozier Sales Company of Boston 
Luce Law Corporation 
Ludlow Cooperative Company 
Lvnde Brothers Box Co. 

« 

Lynn Union Co-operative Bakery, Inc. 
M. I). Vaughn Company 
M. Goldenberg Company 
M. L. Morton Company 
M. M. Barry Co. 

MacDonald Manufacturing Company 
Machine-Molded Brass Casting Company 
Maclean & Power, Incorporated 
Mac Lillie & Co. Inc. 
Majestic Coffee Mills 
Maiden Co-operative Express Company 
Manley Company, The 
Mansion Inter-State Express Company 
Manufacturers' Sample Shoe Co. 
Marlboro Base Ball Association 
Marshall Machine & Pattern Company 
Martell Motor Car Company 
Martin Iron Works, The 
Marx Pianophone Company 
Massachusetts Banking and Mortgage Company 
Massachusetts Brick Company 
Massachusetts College of Commerce, Incorporated 
Massachusetts Cotton Yarn Company 
Massachusetts Law and Adjustment Company 
Massachusetts Magnetic and Botanic Institute, Incor- 
porated 
Massachusetts Pipe Line Gas Company 
Massachusetts Securities Company 
Massachusetts Steel Casting Company 
Maver & Mack Amusement Co. 
Mayflower Worsted Mills 
McCahill Soda Fountain Company 
McDonakl-Murphy Company, Incorporated 
McGinniss Company, The 
McWeeny Dry Goods Co., The 
Mechanics Loan Co., The (1S98) 
Mellen Express Company 
Melzer-Miller Manufacturing Company 



M4: Acts 1911. — Chap. m\. 

dSved.""' Menashi, Khoiiry Company, The 

JVlercantile ^Monthly Company, The 

jMercantile Trade Exchange, Inc. 

Merchant's Inter-State Express Company 

Mercliants Mill 

Merchants Salvage and Adjustment Company, The 

]\Ierchants Transfer Co. 

]Metropolitan Color Printing Company 

iVIiddlebury- Vermont Marble Company 

Middlesex Building Company 

Milford Steam Heat, Power and Refrigeration Company 

Milford Stone Company, The 

Millbury Electric Company 

Military Press Association 

Millen & Bailey, Incorporated 

Miller, Eranklin & Stevenson (Inc.) 

Milton Polished Cast Stone Company 

jMinard Engraving (^ompany 

Miracle Stone Company of Brockton 

Modern Foundry Company 

Modern Inter-State Express Company 

Modern Motor Manufacturing Company 

IMoist-Proof Concrete Block Company 

INIonarch Sales Comjiany 

Monitor ^Manufacturing Company 

Morcombe Construction Company, The 

Moretown Tale Co. 

Morgan Envelope Company, The 

INIorgan Motor Company 

INIorrison C^ompany, The 

]VIost Famous Publishing Company, The 

Motor Transportation Company 

Mrs. Wilson, Incorporated 

INIvstic Lumber Company 

N.'M. Quint Co. 

N. Richardson Sons Manufacturing Company 

Nantasket Amusement Company 

Nantucket Gas and Electric Comj)any 

Nashua Publishing Company (Inc.), The 

Natick and Xccdham Street Railway Company 

National Art Metal Company 

National Dock and Warehouse Company 

National Electric Heating Company 

National Electric Manufacturing Comi)any 



Acts, 1911. — Chap. 363. 345 

National Fruit Products Company, The Corporations 

National Fur Company, The 
National Hat & Cap Co., Inc., The 
National Hotel Company, The 
National Ice Co. 

National Inter-State Express Company of Westboro, The 
National Machine and Engine Company 
National Nitro-Culture Company 
National Shoe Stores, Inc. 
National Soda Fountain Company 
National Theatrical Booking Association 
New Bedford & Providence Express Co. 
New Bedford Baseball and Athletic Association 
New Bedford Cranberry Company 
New Bedford Express Co. 
New England Chemical Co. 
New England Cigar Box Company 
New England Coal Company (1904) 
New England Dyna-Battery Company 
New England Fenestra Company 
New England Fire Proofing Corporation 
New England ^Manufacturers Association (1903) 
New England Manufacturers Association (1906) 
New England Motor Company, The 
New England Portrait Company 
New England Potato Association 
New England Publicity Bureau, Inc. 
New England Publicity Company 
New England Sales Company 
New England Steel Casting Company 
New England Tobacco Company 

New England Waste Cleaning and Oil Extracting Com- 
pany 
New Home Sewing Machine Company (1809) 
New Marshall Engine Company, The 
Newbury Stable Company 
Newburyport Amusement Company 
Newman the Shoeman, Incorporated 
Niles and Onthank Provision Company 
Niola Mining Company, Limited 
Nodekay Products Company 
Nonpareil Athletic Club 
Normandin Clothing Company 
North Adams Print Works 



34G Acts, 1911. — Chap. 363. 



Sh-ed"'"' Norton Door Check Co. 



Norwood Light & Power Company 

Nousu Co-operative Store Company 

Nuidea Enterprises, Inc. 

O. P. Shattuck & Son Company 

Oak Hall Clothing Company 

Oak Hill Nurseries 

Oak Island Grove Company, The 

Oakbirch Park Corporation 

Old Colony Light Company, The 

Old Corner Pharmacy, Inc., The 

Old Hickory Mining Company 

Oldrich Paint & Chemical Company 

Olive Branch Shoe Corporation 

Opportunity Press, Inc. 

Original Boston Automatic Lunch Company 

Ossipee Granite Company 

Ozark Live Stock Company 

P. J. Evans Co. 

Park Outfitting Company, Inc. 

Park Square Amusement Co. 

Parry-Boston Company, The 

Pastime Amusement Company, Incorporated, The 

Paul System Company 

Peabody Granite Company 

Peabody Publishing Company 

Peabody Supply Company 

Peabody Suspender Trimmings Co. 

Peerless Leather Goods Comi)any 

Peoples Coal, Ice and Lumber Company 

Peoples Combination Clothing Company 

People's Law Firm, Incorporated 

People's Legal Company 

Pepsi-Cola Bottling Co. of New England 

Perfection ^Manufacturing C()nii)any 

Peru Lumber (^ompany 

Phoenix Interstate Express Company 

Photo Supply Company 

Pieced Stay Machinery (^omi)any 

Pilgrim Foundry Comi)any 

Pilgrim Rubber (^onii)any, 'I'he 

Pilot Garage and Suppl\' Company 

Plaisir Theatrical (\)mpany 

Plymouth Press, Incorjjorated, The 



Acts, 1911. — Chap. 3G3. 347 

Poole and Price Machine Company Corporations 

Poseidon Arms Hotel Company, The 

Potter INIaniifacturing Company, The 

Preece Amusement Company 

Press of the World Publishing Company 

Price Drug Company 

Providence Inter-State Express Company, The 

Publication, Research and Trading Company, The 

Puritan Fastener Company 

Puritan Theatre Company 

Purity Publishing Company 

Putnam Investment Company 

Putnam Motor Mfg. Co. 

Putnam Wharf and Storage Realty Company 

Quality Polish and Dressing Company 

Quincy Gas Light Company 

R. & H. Manufacturing Company 

R. D. Smith Co. 

R. E. Stocking Shipping Company, The 

R. H. Long Shoe Manufacturing Company 

R. H. Smith Manufacturing Company, The (1884) 

Rapid Transit Inter-State Express Company 

Ray-Lawson Granite Co. 

Rayner's Lunch Company 

Ray's Inter-state Express Company 

Red Cross Chlorides Company 

Red Dragon Company, The 

Reed and Goldings Company 

Regal Comb and Novelty Company, Inc. 

Reilly Transportation Company 

Reith & Wesner Company 

Reliable Manufacturing Company 

Remkol Company 

Revere Beach Merry-Go-Round Company, The 

Revere Drug Company » 

Revere Roller Coaster Company, The 

Revere Rubber Company 

Reynolds Machine Company 

Reynolds Sponge Company 

Richard L. Bowser Company 

Richard Smart Carpet Cleaning Co. 

Riddle Company, The 

Riverdale Mills, The 

Rockdale Concrete Company 



348 Acts, 1911. — Chap. 363. 

S.3ved'""' riose Publishing Company 

Rotary Labeling Machine Selling Company 
Roxbury Gas Light Company 
Royal Standard Slate Co. 
Royal Textile Company, The 
Rufus Crowell Company 
Russell Limiber Company 
Ruth Manufacturing Company 
S. A. Shurtlefi" Company 
S. Goldberg Company 
S. J. Todtman Company 
S. Shapiro Company 
Salem Barrel Company 
Salem Box Company, The 
Salem Dispatch Company, The 
Salem Kosher ]Meat Co. 
Salt "O" Nut Company 
Sampson Press, Inc., The 
Sanford Mills Company 
Sanitary Laundry Company 

Santa Catarina Mining and Milling Company of Massa- 
chusetts 
Sargent Ice Company 
Scandia Corporation, The 
Scherrer Manufacturing Company 
Schubert Cigar Company 
Seamans & Cobb Company 
Sears Shoe Company 
Securities Holding Company 
Security Express (^omjiany 
Shawmut Finishing Company 
Sheafe Manufacturing Co., The 
Sherry Shoe Company 
Shoe City Interstate Express Company 
Sholer Business Building Service, Inc., The 
Shore Lino Inter-State Express Company 
Shove and (iage Company 

Shredded Leather Manufacturing Company, The 
Smalley Jar Company 
Smith Countershaft Company, The (11)01) 
Smith-Julian Company 
Smith, Mullikcn ( "o. 
Somcrville Sun Pnblisiiing Com])an\' 
Souhegan \'allcy Poultry b'arni ('onij)any 



Acts, 1911. — Chap. ;36;3. M9 

South Boston Gas Light Company ' Oorpoiations 

South Framingham Inter-State Express Company, The 

South Middlesex Street Railway Company 

Sprague Marsh Electric Company 

Springfield Cotton Fabrics Company 

Springfield Feldspar Company 

Springfield Flour & (Jrain Company 

Springfield Lock Nut and Washer (\)mpany 

Springfield Printing and Binding Company 

Springfield Shoe Repairing Company 

Squires Manufacturing Company 

Standard Brick Company, The 

Standard Emery k Polishing Wheel Company (1905) 

Standard Express Co. 

Standard Kitchen F'urnishings Company 

Standard Soap Works 

State Supply Company 

Staten Company, The 

Stopford and Dodge (^ompany 

Stoughton Mills, Lie. 

Stovnic ]\Ianufacturing Company 

Stranahan Eldridge Company 

Suburban Concrete Block Company 

Suburban Light and Power Company 

Suffolk Building Company 

Suffolk Distributing and Mailing Company 

Suffolk Lighting Co. 

Suffolk Shoe Company 

Suffolk Trust Company 

Superior Concrete Block & Brick Company 

Superior Grate Bar Company 

Superior Raincoat Company, The 

Suspension Transportation Company 

Svea Construction Company 

T. x\lton Bemus Company, Licorporated 

T. F^red Lee Company 

T. H. O'Shea Leather Company 

Tacoma General Hospital Association 

Taunton Amusement Company 

Taxa iVaron Cab Co. 

Taxa-Cab Company of Boston 

Taylor Labeling Machine Company 

Tebbetts Garage & Manufacturing Company 

Textile Specialties Company 



350 Acts, 1911. — Ciiai\ mS. 

Corpoiiitions Tliibaiideau Bakerv Company 

dissolved. ,- ^ "^ 

1 nomas-Keeves Company 

Thiirell, Batchelder Company 

Thurston Remedy Company 

Title Research and Credit Company 

Tivoli Amusement Company 

Trinity (^hemical Manufacturing Comj^any 

Trull Brook Farm (Incorporated) 

Tunnel Talc Company 

Uniao Commercial Portugueza Company 

Union Binding Company, The 

Union Credit Company 

Union Inter-State Express Company 

United Bedding Company 

United Copper Foundry Company 

United Electric Apparatus Company (1906) 

United States Pole Preserving Co. 

Unity Manufacturing Company 

University Tailors, Incorporated 

Uriko Amusement Company 

Vendor Manufacturing Company 

Vienna Lunch Co. 

Vinton Hotel Company 

W. A. Fraze Company 

W. & R. Motor Truck Company 

W. C. King Company 

W. F. Jacobs Building Com])any 

W. H. Hill P^nvelope Company 

W. J. Sullivan, Incorporated 

W. Jay Burke Company Clothiers 

W. L. Murdock ITndertaking Company 

W. N. Harael Clothing Companv, The 

W. W. Phillips Company 

W. W. Spaulding Company, Inc., The 

Waipole Emery INlills 

Warhurton & Dover Co. 

Warner Motor Company 

Warren & Brookfield Electric Light Co. 

Warrior Tire Shoe Company, The 

Warwick Interstate Express Co. 

Waverly Magazine Company 

Waverly Press Corporation, The 

Wayland Inter-State Express Company 

Weir and Darling C()nij)any 



Acts, 1911. — Chap. 3G3. 351 

West-Goodwin Co. Oorpoiations 

^ West Somerville Ljiiuidry (^ompany 
Westboro' Brass Bedstead Co. 
Weston Illuminating Company 
Wheeler Brothers Company 
Wheeler Clean Towel Company 
Wieks Mannfaeturing Company 
Wilder Snow-Plow & Manufacturing ( V)mj)any 
Williams Combination Tent Company 
Williamsburgh Co-operative Creamery Association, The 
Williamstown Manufacturing Company 
Williamstown Press Company 
Wilson Shoe Syndicate, Inc. 
Winchester Furniture Company, The 
Winter Hill Motor Co. 
Winthrop M. Baker Corporation 
Women's Specialty Shop, Incorporated 
Wood River Granite Company 
Woodman Bros. Company 
Woodman-Robbins Company 
Woodville Electric Light Company 
Woodward Machinery Company 
Worcester Coal Company 
Worcester Driving Park Company, The 
Worcester Institute of Physiological Exercise 
Worcester Pattern and Novelty Company 
Worcester South Electric Companies 
Worcester Textile Machine Company 
X-Ray Toilet Manufacturing Company, The 
Young's Incorporated 

Section 2. Nothing in this act shall be construed to Pending suits 
affect any suit now pending by or against any corporation Itl •'' ^'^ ^ • 
mentioned in the first section of this act, nor any suit now 
pending or hereafter brought for any liability now existing 
against the stockholders or officers thereof, nor to revive 
any charter or corporation previously dissolved or annulled, 
nor to make valid any defective organization of any of the 
supposed corporations mentioned in said first section. 

Section 3. Suits upon choses in action arising out of |:,"j^gJ\Pj°° 
contracts sold or assigned by any corporation dissolved by action. 
this act may be brought or prosecuted in the name of the 
purchaser or assignee. The fact of sale or assignment and 
of purchase by the plaintiff shall be set forth in the writ or 



852 Acts, 1911. — Chap. 361. 

other process; and the defendant may avail himself of any 
matter of defence of which he might have availed himself in 
a suit upon the claim by the corporation, had it not been dis- 
solved by this act. 

Section 4. This act shall take effect upon its passage. 

Approved April JO, 1011. 

Chap.'^^'i An Act to provide for removing or placing under 

GROUND certain WIRES AND ELECTRICAL APPLIANCES IN 
THE CITY OF BOSTON. 

Be it enacted, etc., as foUows: 
Removing or Section 1. lu thc iiiouth of Januarv iu tlic year nineteen 

l)lacmg under i • i i p t 

ground rex- hundrcd and twelve and m the month oi January in each 
cu" i^'the year thereafter to and including the year nineteen hundred 
cu^ofBos- ,^j^^| sixteen, the commissioner of wires in the city of Boston 
shall prescribe, and give jjublic notice thereof, as required 
by section two of chapter four hundred and fifty-four of the 
acts of the year eighteen hundred and ninety-four, not more 
than three miles of main streets, avenues or highways, or 
parts thereof, in said city outside of the sections of the city 
already prescril)e(l luidcr the authority of said clia])tcr four 
hundred and fifty-four and of chapter two hundred and 
forty-nine of the acts of the year eighteen hinidred and 
ninet\'-eight; and prior to March first in each year from 
nineteen hundred and twelve to nineteen hundred and six- 
teen, both inclusive, said commissioner shall ])rescribe, and 
give public notice thereof, as aforesaid, not more than two 
miles of side streets, avenues or liighways, or parts thereof, 
in said city outside of the sections of the city already pre- 
scribed as aforesaid, witliin which streets, avenues or high- 
ways, or parts thereof, all wires, cal)les and conductors, 
except feed and return wires of street railways placed or 
carried in or upon subways, tunnels or elcN atcd structures, 
and except such other wires as are also excepted in said chaj)- 
ter four hundred and fifty-four, shall during that calendar 
year be removed or ])laced inider ground; and said conmiis- 
sioner of wires shall cause the owners or users of such wires, 
cables and conductors to remove or ])lace them untler groinid, 
and also to remove any poles or structures in such prescribed 
parts of said streets, avenues or highways used to support 
such wires, cables or conductors, except posts used exclu- 
sively for the support of fire alarm and police signal boxes, 
and such poles or posts as arc also cxcc])t(Ml in said chapter 



Acts, 1911. — Char 305. 353 

four Imndrcd and fifty-four, and except when, in tlie judp:- 
ment of said commissioner, it is impracticable or inexpedient 
to remove such wires, cables, conductors, poles or structures. 

Section 2. By main streets, avenues or highways in Defining 
section one are meant streets, avenues or highways upon ave'ilue's, etc. 
which main or trunk lines of poles, wires, cables and conduc- 
tors are located; and by side streets, avenues or highways in 
said section are meant streets which cross or run into such 
main streets, avenues or highways, and upon which main 
or trunk lines or poles, wires, cables and conductors are not 
located. No side streets shall be prescribed except in con- 
nection with the main street which they cross or run into as 
aforesaid, and not more than one half mile of any such side 
street shall be prescribed in any year. 

Section 3. Section one of chapter three hundred and Repeal, 
forty-seven of the acts of the year nineteen hundred and 
eight is hereby repealed, the repeal to take effect on Decem- 
ber thirty-first, nineteen hundred and eleven, but all the 
terms, conditions, provisions, requirements, powers, restric- 
tions and exemptions of said chapter and of the other acts 
mentioned in section one thereof, not inconsistent herewith 
are hereby extended to and made a part of this act. 

Section 4. The purpose of this act is to cause the re- Purpose of 
moval, prior to January first, nineteen hundred and seven- 
teen, of certain wires, cables, conductors and poles or struc- 
tures from twenty-five miles of streets in addition to the 
streets heretofore prescribed under section one of chapter 
three hundred and forty-seven of the acts of the year nine- 
teen hundred and eight and prior acts mentioned therein. 

Section .5. Except as otherwise provided herein this act t^^^f/g^ect 
shall take elTect on January first, nineteen hundred and 
twelve. Approved April 29, 1911. 

An Act to make the city of chicopee and the' tow^n of CJiap.365 

LUDLOW, IN THE COUNTY OF HAMPDEN, A MEDICAL EXAMINER 
DISTRICT. 

Be it enacted, etc., as follows: 

The paragraph of section two of chapter twenty-four of ^^je'^^gli ^ ^' 
the Revised Laws relating to medical examiners and districts 
in the county of Hampden, comprising lines fifty-four to 
sixty-one, both inclusive, of said section, is hereby amended 
by striking out the word "four", in the first line of said 
paragraph, and inserting in place thereof the w^ord : — five, 



354 



Acts, 1011. — Chap. 366. 



Medical 
pxamincr 
districts in 
the county 
of Hampden. 



— by striking out the word "cities", in the tliird hue of 
said paragraph, and inserting in phice thereof the word: — 
city, — by striking out the words "and Chicopee", in the 
fourth line of said paragraph; by striking out the word 
"Ludlow", in the fifth line of said paragraph; by striking 
out the word "and", in the sixth line of said paragraph; 
and by inserting at the end of said i)aragraph the worfls: 

— and district five, of the city of ('hic()j)ce and the town of 
Ludlow, — so that said paragraph will read as follows: — 
In the cou!ity of Hampden, one in each of the five following 
districts: district one, composed of the towns of Brimfield, 
Holland, Palmer, INIonson and Wales; district two, of the 
city of Springfield and the towns of Agawam, East Long- 
meadow, Longmeadow, West Springfield, Wilbraham and 
Hampden; district three, of the city of Holyoke; district four, 
of the towns of Blandford, Chester, Granville, ]Montgomery, 
Russell, Southwick, Tolland and Westfield; and district five, 
of the city of Chicopee and the town of IarHow. 

Approved April 29, 1911. 



1909, 490, 
§ 101, Part 
I, amended. 



Chcqi.oij^ An Act relative to the apportionment of the state 

TAX. 

Be it enacted, etc., as follows: 

Section I. Section one hundred and one of Part I of 
chapter four hundred and ninety of the acts of the year 
nineteen hundred and nine is hereby amended by striking 
out the first two sentences and by inserting in place thereof 
the words: — Said commissioner shall cause abstracts 
to be prepared showing the amount of the corporate fran- 
chise value of corporations organized in this commonwealth, 
and of the value of shares of national banks represented 
by the taxes distributed according to law to each city and 
town, — and by adding at the end of said section the words: 
— and of any other information in his possession, — so 
as to read as follows: — Section 101. Said commissioner 
shall cause abstracts to be prepared showing the amount 
of the corporate franchise value of cor]iorations organized 
in this commonwealth, and of the value of the shares of na- 
tional banks represented by the taxes distril)uted according 
to law to each city and town. He may require from state, 
city and town officers such further returns and statements 
relative to the amount and value of taxable property in the 



Abstracts of 
friHK'hi.se 
value of 
corporations, 
etc. 



Acts, 1911. — Chaps. 367, 368. 355 



several cities and towns as in his judgment may be necessary. 
He shall to the best of his judgment and discretion prepare 
said equalization and apportionment upon the basis of the 
returns and statements herein provided for and authorized, 
and of any other information in his possession. 

Section 2. Chapter four hundred and forty-nine of the Repeal, 
acts of the year nineteen hundred and nine is hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved April 29, 1011. 

An Act relative to the use of school halls for other Chap.S67 

THAN school PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The school committee of any city or town use of school 
which accepts the provisions of this act may grant the oUieVt*han 
temporary use of halls in school buildings upon such terms ^oges'^""^ 
and conditions and for such public or educational purposes, 
for which no admission fee is charged, as the said school 
committee may deem wise: provided, however, that such proviso, 
use shall not in any way interfere or be inconsistent with 
the use of the halls for school purposes. 

Section 2. This act shall take eft'ect in a city upon its Time of 
acceptance by a two thirds vote of the members of each ta'^'ng eftect. 
branch of the city council or corresponding body of that 
city present and \'oting, and upon the approval of the 
mayor; and it shall take effect in a town upon its accept- 
ance by a majority of the voters of the town present and 
voting thereon at an annual town meeting or at a special 
meeting called for the purpose. 

Approved April 29, 1911. 

An Act making an appropriation for the reimburse- Qhnj) 3(38 

MENT of cities AND TOWNS FOR LOSS OF TAXES ON " LAND " 

USED FOR PUBLIC INSTITUTIONS. 

Be it enacted, etc., as follows: 

Section 1. The sum of thirty-five thousand dollars Reimbmse- 
is hereby appropriated, to be paid out of the treasury of "ifi^sand 
the commonwealth from the ordinary revenue, for the |"^^"f^,''!,,„ 

/I* ••• *' n t loss 01 ItlXcS 

purpose of reimbursnig cities -and towns for loss of taxes j.'^j^/J'**''" 
on land used for public institutions, during the fiscal year 
ending November thirtieth, nineteen hundred and eleven, 



cases. 



850 Acts, 1911. — Chap. 369. 

as provirled for by chapter six hundred and seven of the 
acts of the year nineteen luindred and ten. 
Section 2. This act shall take effect upon its passage. 

Approved April 29, 1011. 



Chap'd^\) An Act relative to the use of public streets and 

PUBLIC property IN THE CITY OF SPRINGFIELD. 

Be it enacted, etc., cus follows: 

'>eofp"ij Section 1. The board of supervisors of the city of 

rtc, in the Springfield may require and issue licenses, subject to the 
Springfield. pi'ovisions hereof, for the use of specified parts of public 
streets in that city, for the storage and sale of merchandise, 
for purposes necessary for the construction or repair of 
works or buildings, and for all other piu'poses requiring the 
opening of streets, the use thereof for commercial or ad- 
vertising purposes, or for purposes causing more than the 
ordinary interruption or impairment of travel thereon. 
Applicant SECTION 2. Auv pcrsou seeking a license as aforesaid 

to fiio a shall file with said board a written application therefor 

plication, etc. statiiig his uauic, residence and place of business. He shall 
describe accurately in writing, by plan or otherwise, the 
location, the shape and the dimensions of the space which 
lie desires to occupy, the movable structures which he 
proposes to use, and the kinds of merchandise which he 
wishes to store and to sell. He shall submit as part of his 
application the written consent to the issuance of said license 
of the owner or owners of the premises in front of which 
he desires to carry on business, and of the tenants of the 
ground floor of such premises, if the license requested is 
for the sale or storage of merchandise. When the privilege 
for which a license is asked is to be exercised in front of the 
premises owned by the city of Springfield, the owner's con- 
sent herein provided for shall not be required. An applicant 
for a ])ermit for the oi)ening of the surface of. a street shall 
state with substantial accuracy the location, shape and 
dimensions of the space which it is desired to open and the 
name and residence of the person, firm or corporation ask- 
ing for the permit. 
iken"'e"et SECTION 3. A liccuse issucd hereunder may be for one 

or more days in each week, for such hours daily as said board 
shall in each case determine, and for any period not exceed- 
ing tw(>lve months. The licen.se may be renewed from time 
to time by said board so long as in the oj)inion of the board 



Acts, 1911. — Chap. 369. 357 

renewal may be necessary. It may be suspended or re- 
voked for any reason wliich said board shall consider suffi- 
cient. In all matters relating to street railway, lighting or 
telephone companies the powers herein conferred upon the 
board of supervisors shall devolve upon the superintendent 
of streets, or his assistant, and no such company shall be 
required to obtain a license under this act for opening streets 
to inspect or use mains, pipes or manholes, or for the repair 
of mains, pipes or conduits, or cables located in such con- 
duits, or for opening streets for the purpose of laying con- 
duits or building conduits under the provisions of chapter 
two hundred and seventy-six of the acts of the year nineteen 
hundred, as amended by chapter one hundred and eighty-one 
of the acts of the year nineteen hundred and one, or for opening 
streets for the erection of poles under the provisions of section 
two of chapter one hundred and twenty-two of the Revised 
Laws, as amended. The license fee for opening streets for License fee. 
service connections by said companies shall not exceed fifty 
cents for each service. No license fee shall be required 
from such companies for opening streets unless such streets 
have been laid with macadam or other paving material. 

Section 4. For every such license issued, and for every charge for 
renewal or extension thereof, except as provided in section Jfcensef 
three hereof, said boarfl or superintendent shall charge 
and the city collector shall collect in advance a fee of not 
less than fifty cents nor more than one himdred dollars, 
according to its or his estimate of the value of the privi- 
leges granted, the receipt of which fee shall be certified on 
the face of the license. Said board may make and collect 
an additional charge as rent in case of the sale or storage of 
merchandise whenever the licensee is not the principal 
tenant of the ground floor of the premises in front of which 
the location is granted; or whenever such tenant is the 
licensee but carries on in the location for which the license 
is issued a business which in the manner of its conduct 
or in the character of the merchandise which is sold differs 
materially from the business in which he is mainly engaged 
at that place. 

Section 5. All revenue derived hereunder shall be placed Ef^iterfor 
to the credit of the street department, to be used for con- construction 

of 8X1*6618 

struction, repair and maintenance of the streets, roads and etc. 
bridges of said city. 

Section G. All acts and parts of acts inconsistent here- Repeal, 
with are hereby repealed to such extent as repeal thereof may 
be necessary to carry the provisions of this act into effect. 



358 



Acts, 1911. — Chaps. 370, 371. 



Penalty. SECTION 7. A pcrsoii who occupics a part of a public 

street in the city of Springfield, except in accordance with 
the provisions of this act, shall be subject to a fine not ex- 
ceeding twenty dollars for the first offence and not exceeding 
one hundred dollars for each subsequent ofl'ence. 

Ajjproved April 29, 1911. 



1909, 490, 
§ 44, Part II, 
amended. 



Deed to pur 

chaser, etc. 



ChapZlO An Act relative to deeds given by tax collectors. 
Be it enacted, etc., as foUotos: 

Section 1. Section forty-four of Part II of chapter four 
hundred and ninet\' of the acts of the vear nineteen hundred 
and nine is hereby amended by adding at the end thereof 
the words: — and if recorded within said time it shall be 
prima facie evidence of all facts essential to its validity, — 
so as to read as foUow^s: — Section 44- The collector shall 
execute and deliver to the purchaser a deed of the land, 
which shall state the cause of sale, the price for which the 
land was sold, the name of the person on whom the demand 
for the tax was made, the places where the notices were 
posted, the name of the newspaper in which the adver- 
tisement of the sale was published, and the residence of the 
grantee, and shall contain a warranty that the sale has in 
all particulars been conducted according to law. The deed 
shall convey, subject to the right of redemption, all the right 
and interest which the owner had in the land when it was 
taken for his taxes, and the premises conveyed shall also be 
subject to and have the benefit of all easements and re- 
strictions lawfully existing in, upon or over said land or 
appurtenant thereto when so taken. Such deed shall not 
be valid unless recorded within thirty days after the sale, 
and if recorded within said time it shall be prima facie 
evidence of all facts essential to its validity. 

Section 2. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved April JiJ, lUlL 



Repeal. 



Chaj)M7l An Act relative to the transmission of high tension 
currents of electricity in the city of roston. 

Be it enacted, etc., as follows: 

7Jh\KhU'n'''^ Section 1. No wires for the transmission of electricity 
sion . urr. Ills jit more tluiu five thou.sand volts alternating, or ten thousand 

of electrii'itv. '^ 



Acts, 1911. — Chap. 372. 359 



volts direct, shall, after the thirtieth day of June, nineteen 
hundred and thirteen, be placed, maintained or operated 
in the city of Boston except under ground. 

Section 2. The provisions of this act may be enforced o^agj""™®"* 
as provided in section nineteen of chapter one hundred and 
twenty-two of the Revised Laws, and it shall be the duty 
of the commissioner of wires of the city of Boston to see to 
such enforcement. Approved April 29, 1011. 

An Act relative to the i3suance of search warrants Chap.'d72 

FOR hypnotic drugs AND THE ARREST OF THOSE PRESENT. 

Be it enacted, etc., as follows: 

Section 1. If a person makes complaint under oath issuance of 
to a police, district, or municipal court, or to a trial justice rants, etc. 
or justice of the peace authorized to issue warrants in crimi- 
nal cases, that he has reason to believe that opium, mor- 
phine, heroin, codeine, cannabis indica, cannabis sativa or 
any other hypnotic drug or any salt, compound or prepa- 
ration of said substances is 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, regis- 
tered physician, registered veterinarian, registered dentist, 
registered nurse, employees of incorporated hospitals, or 
those who are entitled by law to have possession of any of 
the above mentioned 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 marshal, 
police officer or constable commanding him to search the 
premises in which it is alleged that such opium, morphine, 
heroin, codeine, cannabis indica, cannabis sativa or any other 
hypnotic drug or any salt or compound or preparation of 
said substances or any preparation containing the same is 
kept or deposited, and to seize 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 if any of the aforesaid substances is found, 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 wiiich such substance is alleged to be kept or deposited. 

Section 2. Whoever is so present where any of the Penalty for 
aforesaid drugs is found shall be punished by a fine of not '^'^'^^ present. 



300 



Acts, 1911. — Chap. 373. 



Penalty for 
violation of 
law. 



more than fifty dollars or by imprisonment in the house of 
correction for three months. 

Section 3. Whoever, not being a manufacturer or jobber 
of drugs, wholesale druggist, registered pharmacist, reg- 
istered physician, registered veterinarian, registered dentist, 
registered nurse or an employee of an incorporated hospital, 
or otherwise entitled by law to have possession of any of 
the above mentioned drugs, is found in possession thereof, 
except by reason of a physician's prescription, shall be pun- 
ished by a fine of not more than one hundred dollars or by 
imprisonment for six months in the house of correction. 

Apjyroved April 29, 1.911. 



Chcqj.^lS 



The town of 
West IJrook- 
fiekl may 
Kiiitply itself 
Willi water, 
etc. 



May take 
water from 
oertain ponds 
and .streams. 



Proviso. 



May eon- 
Kiruct dams, 
etc. 



An Act to authorize the town of w'est brookfield to 

SUPPLY itself and ITS INHABITANTS WITH WATER. 

Be it enacted, etc., as follows: 

Section 1. The town of West Brookfield may suppl\' 
itself and its inhabitants with water for the extinguishment 
of fires and for domestic, manufacturing and other purposes; 
may establish fountains and hydrants and relocate or dis- 
continue the same; and may regulate the use of such water, 
and fix and collect rates to l)e paid therefor. 

Section 2. Said town, for the purposes aforesaid, may 
take, or acquire by purchase or otherwise, and hold the 
waters of any pond or stream, or of any ground sources 
of supply, taken by means of driven, artesian or other 
wells, within the limits of the town of West Brookfield, and 
the water rights connected with any such water sources, 
and may also take, or acquire by ])urchase or otherwise, 
and hold all lands, rights of way and easements necessary 
for collecting, storing, holding, ])urifying and preserving the 
purity of the water, and for conveying the same to any 
part of said town: provided, however, that no source of water 
supply and no lands necessary for ])reserving the C|uality of 
such water shall be taken or used without first obtaining the 
advice and apj^roval of the state board of health, and that 
the situation of all dams, reservoirs and wells to be used as 
sources of water su])ply under this act shall be subject to 
the approval of said boanl. Said town may construct on 
the lands acquired and held under tiie provisions of this act 
proper dams, reservoirs, staiulpipes, tanks, buildings, fix- 
tures and other structures, and make excavations, procure 
and operate machinery and provide such t)ther means and 



Acts, 1911. — Chap. 373. - 361 

appliances and do snch other things as may be necessary 
for the estabhshment and maintenance of complete and ef- 
fective water works; and for that i)nrpose may construct 
wells and reservoirs and establish pumping works and may 
construct, lay and maintain aqueducts, conduits, pipes and 
other works under or over any land, water courses, railroads, 
railways and public or other ways, and along such ways in 
the town of West Brooldield, in such manner as not unneces- 
sarily to obstruct the same; and for the purpose of con- 
structing, laying, maintaining, operating and repairing such 
conduits, pipes and other works, and for all proper purposes 
of this act, said town may dig up or raise and embank any 
such lands, highways, or other ways in such manner as to 
cause the least hindrance to public travel on such ways.