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

Library 

School of 

Law 

Received 



ACTS 



RESOLVES 



PASSED BY THE 



dencral (^omi 4 ^m%u)xntit%, 



IN THE YEAR 



1912, 



TOGETHER WITH 

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOE, 

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. 




BOSTOX: 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1912. 



A CONSTITUTION 



FORM OF GOVERNMENT 



®l|0 Qlomituitmi^altlj of iiaHHarljuH^ttB 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secure the existence of the body government, 
politic, to protect it, and to furnish the individuals who 
compose it Avith 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°^ature!'^' 
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 opportunity, deliberately and peace- 



CONSTITUTION OF THE 

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



Equality and 
natural rights 
of all men. 



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



PAKT THE FIKST. 

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

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



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



Legislature 
empowered to 
compel provi- 
sion for public 
worship ; 



II. 



It is the right as well as the duty of all men in 



societ}^, publicly, and at stated seasons, to worship the 
Supreme Being, the great Creator and Preserver of the 
universe. And no subject shall be hurt, molested, or 
restrained, in his person, liberty, or estate, for worship- 
ping God in the manner and season most agreeable to the 
dictates of his own conscience ; or for his religious pro- 
fession of sentiments ; provided he doth not distm'b the 
public peace, or obstruct others in their religious worship. 
III. [As the happiness of a people, and the good order 
and preservation of civil government, essentially depend 
upon piety, religion, and morality ; and as these cannot 
be generally diffused through a community but by the 
institution of the public worship of God, and of public 
instructions in piety, religion, and morality : Therefore, 
to promote their happiness, and to secure the good order 
and preservation of their government, the people of this 
commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitable provision, at their own expense, 
for the institution of the public worship of God, and for 



COMMONWEALTH OF MASSACHUSETTS. 5 

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

And the people of this commonwealth have also a right attendance^*'^ 
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^s^'^" 
ties, shall, at all times, have the exclusive right of electing secured. 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid by the subject to the support of ^^om^parochiai 
public worship, and of the public teachers aforesaid, shall, ^''^^id^ ^ILs^ 
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 ; other^\ase it may be paid towards the support 
of the teacher or teachers of the parish or precinct in which 
the said monevs are raised. 

And every denomination of Christians, demeaning them- AUdenomina- 
selves peaceably, and as good subjects of the commonwealth, p^otectld! ^ 
shall be equally under the protection of the law : and no l^ordination 
subordination of any one sect or denomination to another anotherpVV-° 
shall ever be established by law.] hibited. 

IV. The people of this commonwealth have the sole Right of self 
and exclusive right of governing themselves, as a free, fecure™^° 
sovereign, and independent state ; and do, and forever 
hereafter shall, exercise and enjoy every power, jurisdic- 
tion, and right, which is not, or ma}'- not hereafter be, by 
them expressly delegated to the United States of America, 
in Congress assembled. 

Y. All power residing originally in the people, and ^f'^aiTcfffic^iw^ 
being derived from them, the several magistrates and etc. 
ofiicers 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 pubm;*be^n| 
and exclusive privileges, distinct from those of the com- p'^cuna^ pnM-^ 
munity, than what arises from the consideration of ser- iaffofficM'^are 
vices rendered to the public ; and this title being in absurd and 
nature neither hereditary, nor transmissible to children, 



CONSTITUTION OF THE 



Objects of gov- 
ernment; right 
of people to 
institute and 
change it. 



Right of people 
to secure rota- 
tion in office. 



All, having the 
qualifications 
prescribed, 
equally eligible 
to office. For 
the definition of 
" inhabitant," 
see Ch. 1, Sect. 
2, Art. II. 
Right of protec- 
tion and duty of 
contribution 
correlative. 
Taxation 
founded on 
consent. 
16 Mass. 326. 
1 Pick. 418. 
7 Pick. 344. 
12 Pick. 184, 467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, 154. 
1 Allen, 150. 
4 Allen, 474. 

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

See amend- 
ments. Art. 
XXXIX. 
6 Gush. 327. 
14 Gray, 155. 
16 Gray, 417, 
431. 

Remedies, by 
recourse to the 
law, to be free, 
complete and 
prompt. 



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

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

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

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

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

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

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

12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441. 129 Maes. 559. 
100 Mass. 544, 560, 111 Mass. 130. 

XI. Every subject of the commonwealth ought to find 
a certain remedy, by having recourse to the laws, for all 
injuries or wrongs which he may receive in his person, 
property, or character. He ought to obtain right and 



cojvbionwealth of ^IASSACHUSETTS. 7 

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

XII. Xo subject shall be held to answer for any crimes Proeecntions 
or offence, until the same is fully and plainly, substantially Tpick. 211. 
and formally, described to him ; or be compelled to accuse, is pick'. 434. 
or fmniish evidence against himself. And every subject 2^Met.'329^' 
shall have a right to produce all proofs that ma}' be favor- i^Q^a^^j^^^* 
able to him ; to meet the witnesses ag-ainst him face to face, & Gray', leo. 

... . .8 Gray 320 

and to be fully heard in his defence by himself, or his looray, li! 
counsel, at his election. And no subject shall be arrested, 2 AuTif/seh' 
imprisoned, despoiled, or deprived of his property, immu- 240^2^° 439^ 
nities, or privileges, put out of the protection of the law, i2\iien 170 
exiled, or deprived of his life, liberty, or estate, but by the 97 Mass/sro, 
judgment of his peers, or the law of the land. - looMass. 287, 

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

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

And the leg-islature shall not make any law that shall Right to tnai 

® ... "y jury in 

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

€xcGT)t etc 

excepting for the government of the army and navy, with- s Gray, 329, 373. 

,.•11 • 103 Mass. 418. 

out trial by jury- 

XIII. In criminal prosecutions, the verification of facts, crimes to be 
in the vicinity where the}^ happen, is one of the great- ^iTiluy!" *^^ 
est securities of the life, liberty, and property of the i2im\'s8!6i 02. 
citizen. 

XIV. Every subject has a rio^ht to be secure from all Right pf search 

1, T.^ e' 1 • !• ^^^ seizure 

unreasonable searches, and seizures, of his person, his regulated. 

, , . J 11 1 • • ill ^ Const, of U. 8., 

nouses, his papers, and all his possessions. All warrants, Amend'tiv. 
therefore, are contrary to this right, if the cause or founda- 5Cush. 369. 
tion of them be not previously supported by oath or affir- l3^rly,^454. 
mation, and if the order in the warrant to a civil officer, to Joo^Mas"' m 
make search in suspected places, or to arrest one or more }^^-^ 

-, ^ t 1 . 126 Mass. 269, 

suspected persons, or to seize their propert}^ 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 propert}^ and in Right to tnai 
all suits between two or more persons, except in cases in exceptfete"^ * 
which it has heretofore been otherways used and practised, Amend*^t vil'' 
the parties have a right to a trial b}^ jury ; and this method ^ Pick. 382. 
of procedure shall be held sacred, unless, in causes arisina^ 5 Gray, 144. 

ii 1 • 1 1 1 1 . , • •> ® 8 Gray, 373. 

on the hio;h seas, and such as relate to mariners wag-es, 11 Alien, 574, 
the legislature shall hereafter find it necessary to alter it. io2'Mas8.45,47. 

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



CONSTITUTION OF THE 



Liberty of the 
press. 



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



Moral qualifica- 
tions for office. 



Moral obliga- 
tions of law- 
givers and 
magistrates. 



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



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



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



Frequent ses- 
Bions, and ob- 
jects thereof. 



Taxation 
founded on 
consent. 
8 Allen, 247. 



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

XVII. The people have a right to keep and to bear 
arms for the common defence. And as, in time of peace, 
armies are dangerous to liberty, they ought not to be 
maintained without the consent of the legislature ; and 
the military power shall always be held in an exact subor- 
dination to the civil authority, and be governed by it. 

XVIII. A frequent recurrence to the fundamental 
principles of the constitution, and a constant adherence 
to those of piet}", justice, moderation, temperance, indus- 
try, and frugality, are absolutely necessary to preserve the 
advantages of liberty, and to maintain a free government. 
The people ought, consequently, to have a particular atten- 
tion to all those principles, in the choice of their officers 
and representatives : and they have a right to require of 
their lawgivers and magistrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessarv for the o-ood administration of the common- 
wealth. 

XIX. The people have a right, in an orderly and peace- 
able manner, to assemble to consult upon the common 
good ; give instructions to their representatives, and to 
request of the legislative body, by the way of addresses, 
petitions, or remonstrances, redress of the wrongs done 
them, and of the grievances they suffer. 

XX. . The power of suspending the laws, or the execu- 
tion of the laws, ought never to be exercised but by the 
legislature, or by authority derived from it, to be exer- 
cised in such particular cases only as the legislature shall 
expressly provide for. 

XXI. The freedom of deliberation , speech, and debate, 
in either house of the legislature, is so essential to the 
rights of the people, that it cannot be the foundation of 
any accusation or prosecution, action or complaint, in any 
other court or place whatsoever. 

XXn. The legislature ought frequently to assemble 
for the redress of grievances, for correcting, strengthening, 
and confirming the laws, and for making new laws, as the 
common good may require. 

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



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before ex post facto 
the existence of such laws, and which have not been de- vi'mxI^^ii^'^' 
clared crimes by preceding laws, are unjust, oppressive, ''^•^> ^^s. 434. 
and inconsistent with the fundamental principles of a free 
government. 

XXV. No subject ought, in any case, or in any time. Legislature not 
to be declared guilty of treason or felon}^ by the legis- treaso^.^etc! 
lature. 

XXVI. No magistrate or court of law shall demand o/finel'^arKT" 
excessive bail or sureties, impose excessive fines, or iniiict cmei pAnish. 

- 1 • 1 ments, pro- 

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

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

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

XXV 111. No person can in any case be subject to law- citizens exempt 
martial, or to any penalties or pains, by virtue of that law, tia°Cunte8?,*etc. 
except those emploj^ed in the army or navy, and except 
the militia in actual service, but by authority of the legis- 
lature. 

XXIX. It is essential to the preservation of the rights Judges of su- 
of every individual, his life, liberty', property, and charac- court? ^""^'"^^ 
ter, that there be an impartial interpretation of the laws, f ^^'^■'472. 
and administration of iustice. It is the rio'ht of every f ^JJ*^"'- ^^^ 

.,,.•', „ . ^ •' ^ Allen, 38a. 

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

XXX. In the government of this commonwealth, the separation of 
legislative department shall never exercise the executive ciTi^anTiei'is-" 
and judicial powers, or either of them : the executive shall i^enfg.'^®^^''*' 
never exercise the legislative and judicial powers, or either l^^^ lei 
of them : the iudicial shall never exercise the lesfislative s Auen;247,253. 

, ,. .1 ^ , i^T. 100 Mass. 282, 

and executive powers, or either 01 them : to the end it 286. 

1 j_ t' t T , f 114 Mass, 247, 

may be a government 01 laws and not of men. 249, 

116 Mass, 317, 129 Mass. 559. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PART THE SECOND. 

TJie Frame of Government, 

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



CHAPTER I 



Legislative 
department. 



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



Governor's 

veto. 

99 Mass. 636. 



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



THE LEGISLATIVE POWER. 

Section I. 
The General Court. 

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

The legislative body shall assemble every year [on the 
last Wednesday in May, and at such other times as they 
shall judge necessary ; and shall dissolve and be dissolved 
on the day next preceding the said last Wednesday in 
May ;] and shall be styled. The General Court of 
Massachusetts. 

II. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, until 
it shall have been laid before the governor for his revisal ; 
and if he, upon such revision, approve thereof, he shall 
signify his approbation by signing the same. But if he 
have any objection to the passing of such bill or resolve, he 
shall return the same, together with his objections thereto, 
in writing, to the senate or house of representatives, in 
whichsoever the same shall have originated ; who shall 
enter the objections sent down by the governor, at large, 
on their records, and proceed to reconsider the said bill or 
resolve. But if after such reconsideration, two-thirds of 
the said senate or house of representatives, shall, notwith- 
standing the said objections, agree to pass the same, it 
shall, together with the objections, be sent to the other 
branch of the legislature, Avhere it shall also be reconsid- 
ered, and if approved by two-thirds of the members pres- 
ent, shall have the force of a laAV : but in all such cases, 



COMMONWEALTH OF MASSACHUSETTS. 11 

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

And in order to prevent unnecessary delays, if any bill in°ca^se*^oFad° 
or resolve shall not be returned by the governor within thrge^emi'** 
five da3^s after it shall have been presented, the same shall the five daj^, 

have the force of a law. 3 Mass. 567. see amend. ' 

meutg, Art. I. 

III. The general court shall forever have full power General court 
and authorit}^ to erect and constitute judicatories and j^dlcatorVesy*^ 
courts of record, or other coiu-ts, to be held in the name o?d"e\c°.* '^^'^' 
of the commonwealth, for the hearinor, tryino-, and deter- ^^^^^^'' ^: ,. 

-, „ /• . rr- ^ -^ -, '^ 12Gray,14(, 

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

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

arising or happening within the commonwealth, or between 

or concerning persons inhabiting, or residing, or brought 

within the same : whether the same be criminal or civil, 

or whether the said crimes be capital or not capital, and 

whether the said pleas be real, personal, or mixed ; and 

for the awarding and making out of execution thereupon. 

To which com'ts and iudicatories are hereby g-iven and courts etc., 

1/.11 V ,. „ ."^^. may administer 

granted luU 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 power and authority are hereby General court 
given and granted to the said general court, from time to TttJ^^^^ ^^ ' 
time to make, ordain, and establish, all manner of whole- 4Aifen',473. 
some and reasonable orders, laws, statutes, and ordinances, ^g^^^^"'"^' 
directions and instructions, either with penalties or with- 102^^88.544. 
out ; so as the same be not repugnant or contrary to this ije iiass. 467, 
constitution, as they shall judge to be for the good and may enact 
welfare of this commonwealth, and for the government repi^gnlnt to * 
and ordering thereof, and of the subiects of the same, and the constitution. 

x-i Ti/-/.! '6 Allen, 3o8. 

tor the necessary support and deience ot the government 
thereof; and to name and settle annually, or provide by may provide 
fixed laws for the naming and settling, all civil officers orVppoiutmen't 
within the said commonwealth, the election and consti- ii5°MaBB?602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several th"r dutfe^."^^ 
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 respectivel}^ 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 

mT^m 0°^* ^^^^ constitution ; and to impose and levy proportional 
taxes, etc. and reasonable assessments, rates, and taxes, upon all the 
5 Allen ,'428.' inhabitants of, and persons resident, and estates lying, 
s Allen,' 247 ,'253. Avithin the Said commonwealth; and also to impose and 
n AUeS' 268.' Icvy reasonable duties and excises upon any produce, 
235^23T'24o' ^^^' goods, warcs, merchandise, and commodities, whatsoever, 
»?o'nnA'fH' broui^ht into, produced, manufactured, or being within 

616, oUU, blJ. o ' ^ , T/»i 1 

98 Mass. 19. the sauic ; to be issued and disposed ot by Avarrant, under 

101 Mass! 57o', tlic liaud of the orovernor of this commonAvealth for the 

los'Mass. 267. tiuic bciug, with the advice and consent of the council, 

114 Mass. 388, ^^^ ^^iq public scrvicc, in the necessary defence and sup- 

118 Mass' 386* P^i't of the government of the said commonwealth, and 

i23'm ss 493' protection and preservation of the subjects thereof, 

495. " ' accordino^ to such acts as are or shall be in force within 

127 Mass. 413. , ® 

may impose tllC SaillC . 

dlsposedo/for^ ^^^cl whilc the public charges of government, or any 
tion'^etc^^'^^'^''' P^^'^ thereof, shall be assessed on polls and estates, in the 
8 Alien, 247, 256. manner that has hitherto been practised, in order that 
^tltes'oDce^in such asscssuicnts ma}^ be made with equality, there shall 
ieasrwhiie,*etc. t>e a valuatiou of estates within the commonwealth, taken 
126 MaB's"*5^47 ^^^sw oucc in cvciy 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. 

orandbT""^" Article I. [There shall be annually elected, by the 
Bu^e'^BedeTby freeholders and other inhabitants of this commonwealth, 
araendraentB, qualified as in this constitution is provided, forty persons 
which was' also to bc couucillors and senators for the year ensuing their 
aZTudments,^ clcction ; to bc choscu by the inhabitants of the districts 
Art. XXII. jj^^Q which the commonwealth may, from time to time, be 
divided by the general court for that purpose : and the 
general court, in assigning the numbers to be elected by 
the respective districts, shall govern themselves by the pro- 
portion of the public taxes paid by the said districts ; and 
toco^Jnduifrs"^ timcly make known to the inhabitants of the common- 
ment" Ar" wcalth the liiiiits of each district, and the number of coun- 
XVI.' ■ cillors and senators to be chosen therein ; provided, that 
the number of such districts shall never be less than thir- 



COMMONWEALTH OF MASSACHUSETTS. 13 

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

And the several counties in this commonwealth shall, ^ °strictT u°nui 
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. : — Sufiblk, six ; Essex, six ; Middlesex, 
five ; Hampshu'e, four ; Plymouth, tliree ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; Worcester, five : Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 

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

. . o time of choosing 

ure : and the senators shall be chosen in the following man- senators and 

councillors S66 

ner, viz. : there shall be a meeting on the [fii'st 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 amendment, 
by the selectmen, and warned in due course of law, at p^^^^^j^j^j^g ^^^ ^^ 
least seven davs before the [first Monday in April,] for qualifications of 

%. L -^ 1 voters, euper- 

the purpose or electino; persons to be senators and coun- seded by amend- 

. . ••• merits Arts 

cillors ; [and at such meetings every male inhabitant of iir., xx., 
twent^^-one 3^ears of age and upwards, having a freehold xxx"xxxi. 
estate within the commonwealth, of the annual income of word^hi^habi- 
three pounds, or any estate of the value of sixty pounds, ^^e^^lislffm^end 
shall have a rio-ht to s'ive in his vote for the senators for meats, Art. 

o o _ XXIII which 

the district of which he is an inhabitant.] And to remove was annulled by 
all doubts concerning the meaning of the word " inhabi- li'^oray, 21." 
tant" in this constitution, ever}^ 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 selectmen to 

, . . .,, Tin •! c preside at town 

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

.1 1 11 11 iini 11 amendments, 

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



14 



CONSTITUTION OF THE 



Time changed 
to first Wednes- 
day of January. 
See amend- 
ments, Art. X. 



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



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



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



Senate to be 
final judge of 
elections, etc., 



of the contents thereof, and delivered by the town clerk 
of such towns, to the sheriff of the county in which such 
town lies, thu^ty days at least before [the last Wednes- 
day in May] annuallj^ ; or it shall be delivered into the 
secretary's oiEce seventeen days at least before the said 
[last AVednesday in May :] and the sheriff of each county 
shall deliver all such certificates by him received, into 
the secretary's office, seventeen days before the said [last 
Wednesday in Ma3^] 

And the inhabitants of plantations unincorporated, 
qualified as this constitution provides, who are or shall 
be empowered and required to assess taxes upon them- 
selves toward the support of government, shall have 
the same privilege of voting for councillors and senators 
in the plantations where they reside, as town inhabitants 
have in their respective towns ; and the plantation meet- 
ings for that purpose shall be held annuall}^ [on the same 
first Monday in April] , at such place in the plantations, 
respectivel}^ as the assessors thereof shall direct ; which 
assessors shall have like authority for notifying the elec- 
tors, collecting and returning the votes, as the selectmen 
and town clerks have in their several towns, by this con- 
stitution. And all other persons living in places unincor- 
porated (qualified as aforesaid) who shall be assessed to 
the support of government by the assessors of an adjacent 
town, shall have the privilege of giving in theu' votes for 
councillors and senators in the town where they shall be 
assessed, and be notified of the place of meeting by the 
selectmen of the town where they shall be assessed, for 
that purpose, accordingly. 

III. And that there may be a due convention of sena- 
tors on the [last Wednesday in Ma}^] 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 before the said day he shall 
issue his summons to such persons as shall appear to be 
chosen by [a majority of] voters, to attend on that day, 
and take their seats accordingly : provided, nevertheless, 
that for the first year the said returned copies shall be 
examined by the president and five of the council of the 
former constitution of government ; and the said president 
shall, in like manner, issue his summons to the persons 
so elected, that they may take their seats as aforesaid. 

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



COMMOXAVEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution; and shall, [on the said of us own mem. 
last Wednesday in ^lay] annually, determine and declare Time changed 
who are elected by each district to be senators [by a day of January 
majority of votes; and in case there shall not appear to nientsf Irt. x. 
be the full number of senators returned elected by a ^^nged to 
majority of votes for any district, the deficiency shall be Amendments 
supplied in the following manner, viz. : The members of Art.xiv. 
the house of representatives, and such senators as shall 
be declared elected, shall take the names of such persons 
as shall be found to have the highest number of votes 
in such district, and not elected, amounting to twice the 
number of senators wanting, if there be so many voted 
for ; and out of these shall elect by ballot a number of 5^?''^°"®*' ^°'^ 
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^ ^ 
every district of the commonwealth ; and in like manner nfe^nt8?Art. 
all vacancies in the senate, arising by death, removal out ^^^-^^^'^• 
of the state, or otherwise, shall be supplied as soon as may 
be, after such vacancies shall happen.] 

y. Provided, nevertheless, that no person shall be Qualifications 
capable of being elected as a senator, [who is not seised Prope^rty quau- 
in his own right of a freehold, within this commonwealth, ,S°"''''°'' 
of the value of three hundred pounds at least, or possessed ^^e^nt™Art 
of personal estate to the value of six hundred pounds at ^^^\- ^ 

1 (»ii 1 /•! 1-11 -'^'"" further pro- 

least, or ot both to the amount oi the same sum, and] who vision as to 
has not been an inhabitant of this commonwealth for the also amen'd-^^ 
space of five years immediately preceding his election, and, xxu.' '^'^*" 
at the time of liis election, he shall be an inhabitant in the 
district for which he shall be chosen. 

VI. The senate shall have power to adjourn themselves, senate not to 
provided such adjoiu*nments do not exceed two days at a thlnTwo'dayV. 
time. 

VII. The senate shall choose its own president, ap- staii choose 

. . ^ ' ^ . Its oflicers and 

point its own officers, and determine its own rules oi establish its 

1 . rules. 

proceedings. 

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

house of representatives, against any officer or officers 

of the commonwealth, for misconduct and mal-administra- 

tion in their offices. But previous to the trial of eveiy 

impeachment the members of the senate shall respectively 

be sworn, truly and impartialh^ to try and determine the Oath. 

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

ment, however, shall not extend fiu'ther than to removal 

from office and disqualification to hold or enjoy an}' place 



16 



CONSTITUTION OF THE 



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



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

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



Representation 
of the people. 



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



Proviso as to 
towns having 
less than 150 
ratable polls. 



Towns liable to 
fine in case, etc. 



Expenses of 
travelling to 
and from the 
general court, 
how paid. 
Annulled by 
Art. XXXV. 



Qualifications 
of a repre- 
sentative. 



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 fift}^ ratable polls may elect one represents 
ative ; every corporate town containing three hundred 
and sevent3^-five ratable polls may elect two representa- 
tives ; every corporate town containing six hundred ratable 
polls may elect three representatives ; and proceeding in 
that manner, making two hundred and twenty-five ratable 
polls the mean increasing number for every additional 
representative. 

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

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

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

III. Every member of the house of representatives 
shall be chosen by written votes ; [and, for one 3^ear at 



'^COMMONWEALTH OF MASSACHUSETTS. 17 

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

., ,rt jr, ? ' J ' i^' • i,i. i? i? as to residence. 

itant oi, and have been seised m his own right oi a tree- seeamend- 
hold of the value of one hundred pounds within the tow^n xxl*'"^'^*' 
he shall be chosen to represent, or any ratable estate to fcauous aTol"' 
the value of two hundred pounds : and he shall cease to ishedbyamend- 

- ,-, .^,.1 ,. . , ments, Art. 

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

IV. fEverv male person, beino- twentv-one years of Qualifications 

J- . y . ^ . , *= .■ 1 . ' of a voter. 

age, and resident m any particular town in this common- These pro- 
lyl i* xi !»' J. T 1 • visions Ruper- 

wealth tor the space ot one year next preceding, having a seded by 
freehold estate within the said town of the annual income A?tTm!°xx., 
of three pounds, or any estate of the value of sixty pounds, ^x^^xxxi 
shall have a right to vote in the choice of a representative ?;°d xxxu. 
or representatives for the said town.] ments, Art. 

V. [The members of the house of representatives shall wasannuTiedby 
be chosen annually in the month of jNIav, ten days at least ;^'^-^-^"^i. 

• .- Kepresenta- 

before the last Wednesday of that month.] tives.wheu 

•^ -' chosen. 

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

Art. XV. 

VL The house of representatives shall be the arand House aione 

,^.,. ^ .,, Tn- 1 can impeach. 

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

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

... 1 i J 1 Date all money 

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

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

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

L , 1 11 • /I 1 . . amendments, 

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

^ -, 1 C5 XXXIII, 

ness.J 

X. The house of representatives shall be the judge of To judge of 
the returns, elections, and qualifications of its own mem- itsown'mem- 
bers, as pointed out in the constitution ; shall choose their its officers and 
own speaker ; appoint their own officers, and settle the nUesletJ;.^*^ 
rules and orders of proceeding in their own house. They May punish 
shall have authority to punish by imprisonment every offencel'!'" 
person, not a member, who shall be guilty of disrespect i* Gray, 226. 
to the house, by any disorderly or contemptuous behavior 

in its presence ; or who, in the town where the general 
court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of an}^ 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, ill his way in going or returning; or who shall 
rescue any person arrested by the order of the house. 

And no member of the house of representatives shall 
be arrested, or held to bail on mesne process, during his 
going unto, returning from, or his attending the general 
assembl3^ 

XL The senate shall have the same powers in the like 
cases ; and the governor and council shall have the same 
authority to punish in like cases : provided, that no impris- 
onment on the warrant or order of the governor, council, 
senate, or house of representatives, for either of the above 
described offences, be for a term exceeding thu"ty days. 

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



CHAPTEK II 



Governor. 



His title. 

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



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

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



EXECUTIVE POWER. 

Section I. 

Govei^nor. 

Article I. There shall be a supreme executive mag- 
istrate, who shall be stjded — The Governor of the 
CoiviMONWEALTH OF MASSACHUSETTS ; and wliosc title 
shall be — His Excellency. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 19 

a list of the persons voted for, with the number of votes 
for each person against his name ; and shall make a fair 
record of the same in the town books, and a pubHc decla- As to cities, see 
ration thereof in the said meeting ; and shall, in the pres- A^r."!:™^" ^' 
ence of the inhabitants, seal up copies of the said list, 
attested by him and the selectmen, and transmit the same 
to the sherili' of the count}^, thirty da3'S at least before the 
[last Wednesday in May] ; and the sherifl' shall transmit ^ first wednts. 
the same to the secretary's office, seventeen days at least day of January 
before the said [last Wednesday in May] ; or the select- ments, Art. x. 
men may cause returns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said dny ; and the secretary 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 amlndments, 
the votes retm-ned, the choice shall be by them declared ^^'■'^•^^v. 
and published ; but if no person shall have a [majority] of v,h7nno^pei'mn 
votes, the house of representatives shall, by ballot, elect ^^^^v^^r^m-. 
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 time being ; and '"'"°*'' ' 
the governor with the said councillors, or five of them at 
least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the affairs of the 
commonwealth, agreeabl}^ to the constitution and the laws 
of the land. 

Y. The governor, with advice of council, shall have May adjourn or 
full power and authorit}^ during the session of the gen- generaUomt 
eral court, to adjourn or prorogue the same to any time and^onvene ' 
the two houses shall desire ; [and to dissolve the same on as to^ditsoiu- 
the day next preceding the last Wednesday in May ; and, ^^^^^^^^"j^^^^l^' 
in the recess of the said court, to prorogue the same from 
time to time, not exceeding ninety days in any one recess ;] 
and to call it together sooner than the time to which it 
may be adjourned or prorogued, if the welfare of the com- 
monwealth shall require the same ; and in case of any 
infectious distemper prevailing in the place where the said 
court is next at anv time to convene, or any other cause 



20 



CONSTITUTION OF THE 



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

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



Governor to be 
commander-in- 
chief. 



Limitation. 



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

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

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

Vn. The governor of this commonwealth, for the time 
being, shall be the commander-in-chief of the army and 
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 oiBcer or officers, from time to 
time, to train, instruct, exercise, and govern the militia 
and navy ; and, for the special defence and safety of the 
commonwealth, to assemble in martial array, and put in 
warlike posture, the inhabitants thereof, and to lead and 
conduct them, and with them to encounter, repel, resist, 
expel, and pursue, by force of arms, as well by sea as by 
land, within or without the limits of this commonwealth, 
and also to kill, slay, and destroy, if necessar}^ and con- 
quer, by all fitting ways, enterprises, and means whatso- 
ever, all and every such person and persons as shall, at 
any time hereafter, in a hostile manner, attempt or enter- 
prise the destruction, invasion, detriment, or annoyance 
of this commonwealth ; and to use and exercise, over the 
army and navy, and over the militia in actual service, the 
law-martial, in time of war or invasion, and also in time 
of rebellion, declared by the legislatm'c to exist, as occa- 
sion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such 
person or persons, with their ships, arms, ammunition, 
and other goods, as shall, in a hostile manner, invade, or 
attempt the invading, conquering, or annoying this com- 
monwealth ; and that the governor be intrusted with all 
these and other powers, incident to the offices of cap- 
tain-general and commander-in-chief, and admiral, to be 
exercised agreeably to the rules and regulations of the con- 
stitution, and the laws of the land, and not otherwise. 

Provided, that the said governor shall not, at any time 
hereafter, by virtue of any power by this constitution 



COMMONWEALTH OF MASSACHUSETTS. 21 

gi*anted, or hereafter to be granted to him by the legis- 
latiu'e, transport any of the inhabitants of this common- 
wealth, or oblige them to march out of the limits of the 
same, Avithout their free and voluntary consent, or the con- 
sent of the general com-t ; except so far as may be neces- 
sary to march or transport them by land or water, for the 
defence of such part of the state to which they cannot 
otherwise conveniently have access. 

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

before conviction, shall avail the party pleading the same, But not before 

* 7 ^^ • coiivictioD 

notwithstanding any general or particular expressions 109 Maes. 323. 
contained therein, descriptive of the oflence or oflences 
intended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the Judicial om. 
solicitor-general, [all sheriffs,] coroners, [and registers of nominated a°nTi 
probate,] shall be nominated and appointed by the gov- Ko?°p?ovieions 
ernor, by and with the advice and consent of the council ; of a°toraev°° 
and every such nomination shall be made by the governor, general, eee 

'^ , . , '^ P amendments, 

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

For provision as to election of sheriffs, registers of probate, etc., see amendments, 
Art. XIX. For provision as to appointment of notaries public, see amendments, 
Art. IV. 

X. The captains and subalterns of the militia shall be Miiitia officers, 
elected by the written votes of the train-band and alarm Limitation of 
list of their respective companies, [of twenty-one years bf^m^nd^- °"* 
of age and upwards ;] the field officers of regiments shall ments, Art.v. 
be elected by the written votes of the captains and subal- 
terns of their respective regiments ; the brigadiers shall be 
elected, in like manner, by the field officers of their respec- 
tive brigades ; and such officers, so elected, shall be com- Howcommis- 
missioned by the governor, who shall determine thek'rank. 

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

The major-generals shall be appointed by the senate and ^^f^^ap^p^med' 
house of representatives, each having a negative upon the andcommis- 
other ; and be commissioned by the governor. 

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

And if the electors of brisfadiers, field officers, captains Vacancies, how 

„ , ii filled, m case, 

or subalterns, shall neglect or refuse to make sucli elec- etc. 



22 



CONSTITUTION OF THE 



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



Adjutants, etc. 
how appointed. 



Army officers, 
how appointed. 



Organization of 
militia. 



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



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



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

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

The commanding officers of regiments shall appoint 
their adjutants and quartermasters ; the brigadiers their 
brigade-majors ; and the major-generals theu' 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 confedera- 
tion of the United States it is provided that this conmion- 
wealth shall appoint, as also all officers of forts and 
garrisons. 

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. 

XL No moneys shall be issued out of the treasury of 
this commonwealth, and disposed of (except such sums as 
may be appropriated for the redemption of bills of credit 
or 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 o;eneral court. 

XII. All public boards, the commissary-general, all 
sui)erintending officers of public magazines and stores, 
belonging to this commonwealth, and all commanding 
officers of forts and garrisons within the same, shall once 
in every three months, officially, and without requisition, 
and at other times, when required by the governor, deliver 
to him an account of all goods, stores, provisions, ammu- 
nition, cannon with their appendages, and small arms 
with their accoutrements, and of all other public property 
whatever under their care respectively ; distinguishing the 
quantity, number, quality and kind of each, as particu- 
larly as may be ; together with the condition of such forts 
and garrisons ; and the said commanding' officer shall 



COMMONWEALTH OF MASSACHUSETTS. 23 

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

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

XIII. As the public good requires that the governor saiaryof 
should not be under the undue influence of any of the g°^^'^'i°'"- 
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 amono- the first acts of the oreneral court, 
after the commencement of this constitution, to establish 
such salary by law accordingly. 

Permanent and honorable salaries shall also be cstab- salaries of jus- 
lished by law for the justices of the supreme judicial court. judfcLi^clfurt™^ 

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



CHAPTER II. 

Section II. 

Lieutenant-Governor. 

Article I. There shall be annually elected a lieu- Lieutenant- 
tenant-governor of the commonwealth of Massachusetts, wufand'^quaTi- 
whose title shall be — His Honor; and who shall be amendmenfs!'' 
qualified, in point of [religion,] [propert}^] and residence xxxrv.^""*^ 
in the commonwealth, in the same manner with the gov- 
ernor ; and the day and manner of his election, and the 
qualifications of the electors, shall be the same as are re- 
quired in the election of a governor. The return of the How chosen. 
votes for this officer, and the declaration of his election, 
shall be in the same manner ; [and if no one person shall p/urluty p^o- 
be found to have a maiority of all the votes returned, the videdforby 

«'.' ' amendments, 

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



24 



CONSTITUTION OF THE 



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



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



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

n. The governor, and in his absence the lieutenant- 
governor, shall be president of the council, but shall have 
no vote in council ; and the lieutenant-governor shall 
alwa3'^s be a member of the council, except Avhen the chair 
of the o^overnor shall be vacant. 

III. Whenever the chair of the governor shall be 
vacant, by reason of his death, or absence from the com- 
monwealth, or otherwise, the lieutenant-governor, for the 
time being, shall, during such vacanc}^ perform all the 
duties incumbent upon the governor, and shall have and 
exercise all the powers and authorities, which by this con- 



stitution 
present. 



the governor is vested with, Avhen personally 



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



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

Superseded by 
amendments, 
Art. XVI. 



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



CHAPTER II. 
Section III. 

Council, and the Manner of settling Elections by the Legis- 
lature, 

Article I. There shall be a council for advising the 
governor in the executive part of the government, to con- 
sist of [nine] persons besides the lieutenant-governor, 
whom the governor, for the time being, shall have full 
power and authorit}^ from time to time, at his discretion, 
to assemble and call together ; and the governor, with the 
said councillors, or five of them at least, shall and may, 
from time to time, hold and keep a council, for the order- 
ing and directing the affairs of the commonwealth, accord- 
ing to the laws of the land. 

II. [Nine councillors shall be annually chosen from 
among the persons returned for councillors and senators, 
on the last Wedncsda}^ in Ma}^, by the joint ballot of 
the senators and representatives assembled in one room ; 
and in case there shall not be found upon the first choice, 
the whole number of nine persons who will accept a seat 
in the council, the deficiency shall be made up by the 
electors aforesaid from among the people at large ; and 
the number of senators left shall constitute the senate 
for the 3^ear. The seats of the persons thus elected from 
the senate, and accepting the trust, shall be vacated in the 
senate.] 



COMMONWEALTH OF MASSACHUSETTS. 25 

III. The councillors, in the civil arrangements of the Rank of 
commonwealth, shall have rank next after the lieutenant- 
governor. 

IV. [Not more than two councillors shall be chosen No district to 

,/. f A • 1 L' 11 • ij1-i have more than 

out 01 any one district oi this commonAvealth.J two. 

Superseded hy amendments, Art. XVT. 

V. The resolutions and advice of the council shall be Register of 
recorded in a register, and signed b}'^ the members present ; ''°"°" ' 
and this record may be called for at any time by either 
house of the legislature ; and aii}^ member of the council 

may insert his opinion, contrary to the resolution of the 
majority. 

VI. Whenever the office of the governor and lieuten- council to exer- 
ant-governor shall be vacant, by reason of death, absence, "/governorfn 
or otherwise, then the council, or the major part of them, <=^«^'«*<'- 
shall, during such vacancy, have full power and authority 

to do, and execute, all and every such acts, matters, and 
things, as the governor or the lieutenant-o-overnor mio^ht 
or could, by virtue of this constitution, do or execute, if 
they, or either of them, were personally present. 

VII. [And whereas the elections appointed to be made. Elections may 
by this constitution, on the last Wednesda}-^ in May annu- untlf,^e?c™^*^ 
ally, by the two houses of the legislature, may not be 
completed on that da}^ the said elections may be adjourned 

from day to day until the same shall be completed. And gu'^ereed^eTb'- 
the order of elections shall be as follows : the vacancies in amendments, 
the senate, if any, shall first be filled up ; the governor xxv. 
and lieutenant-governor shall then be elected, provided 
there should be no choice of them by the people ; and 
afterwards the two houses shall proceed to the election of 
the council.] 



CHAPTER II. 

Section IV. 

Secretary, Treasurer, Commissary , etc. 

Article I. [The secretary, treasurer and receiver- secretary, etc., 
general, and the commissary-general, notaries public, and] how^chosen" 
naval officers, shall be chosen annually, b}^ joint ballot of wecti'on'of ^* 
the senators and representatives in one room. And, that ^^reranlrZ^'^^' 
the citizens of this commonwealth may be assured, from ceivergenerai, 

. . , , .... 1 . and auditor and 

time to time, that the moneys remaining in the public attorney gen- 
treasury, upon the settlement and liquidation of the pub- mente, Art. 



26 



CONSTITUTION OF THE 



Treasurer in- 
eligible for 
more than five 
successive 
years. 



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



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

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

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



CHAPTER III 



Tenure of all 
commissioned 
officers to be 
expressed. 
Judicial officers 
to hold office 
during good 
behavior, ex- 
cept, etc. 
But may be 
removed on 
address. 



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

Justices of the 
peace; tenure 
of their office. 
3 Cueh. 584. 



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



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



JUDICIARY POWER. 

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

II. Each branch of the legislature, as well as the gov- 
ernor and council, shall have authority to require the opin- 
ions of the justices of the supreme judicial court, upon 
important questions of law, and upon solemn occasions. 

III. In order that the people may not suffer from the 
long continuance in place of any justice of the peace who 
shall fail of discharging the important duties of his office 
with ability or fidelity, all commissions of justices of the 
peace shall expire and become void, in the term of seven 
years from their respective dates ; and, upon the expira- 
tion of any commission, the same ma,y, if necessary, be 
renewed, or another person appointed, as shall most con- 
duce to the well-being of the commonwealth. 

IV. The judges of probate of wills, and for granting 
letters of administration, shall hold their courts at such 
place or places, on fixed days, as the convenience of the 
people shall require ; and the legislature shall, from time to 
time, hereafter, appoint such times and places ; until which 
appointments, the said courts shall be holden at the times 
and places which the respective judges shall direct. 



COMMOISrWEALTH OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, and alimony, and ^i^orc'l^Md 
all appeals from the judges of probate, shall be heard and QJ™g°°^ro 
determined bv the governor and council, until the legis- visions made 
lature shall, by law, make other provision. 105 Mass. 327. 

•^ ^ 116 Mass. 31T. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

[The deleo-ates of this commonwealth to the congress of Delegates to 

L o ^ o congress. 

the United States, shall, some time in the month of June, 
annually, be elected by the joint ballot of the senate and 
house of representatives, assembled together in one room ; 
to serve in congress for one year, to commence on the first 
Monday in November then next ensuing. They shall 
have commissions under the hand of the governor, and 
the great seal of the commonwealth ; but may be recalled 
at any time within the 3^ear, and others chosen and com- 
missioned, in the same manner, in their stead.] 



CHAPTER V. 

THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF 
LITERATURE, ETC. 

Section I. 

The University. 

Article I. Whereas our wise and pious ancestors, so Harvard 
early as the year one thousand six hundred and thirty-six, '^°"^s®- 
laid the foundation of Harvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them for public emplojanents, both in church 
and state ; and whereas the encouragement of arts and 
sciences, and all good literature, tends to the honor of 
God, the advantage of the Christian religion, and the great 
benefit of this and the other United States of America, 
— it is declared, that the President and Fellows of Powers, privi- 
Harvard College, in their corporate capacity, and thl^pj-lskient 
their successors in that capacity, their officers and ser- confimed.*' 
vants, shall have, hold, use, exercise, and enjo}^ all the 
powers, authorities, rights, liberties, privileges, immuni- 
ties, and franchises, which they now have, or are entitled 



28 



CONSTITUTIOX OF THE 



All gifts, 
grants, etc., 
confirmed. 



Who shall be 
overseers. 

See Statutes, 

1851, 224. 

1852, 27. 
1859, 212. 
1865, 173. 
1880, 65. 



Power of altera- 
tion reserved to 
the legislature. 



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

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

IH. And whereas, by an act of the general court of 
the colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-two, the governor and 
deputj'^-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a number of the clergy in the said act described, con- 
stituted the overseers of Harvard College ; and it being 
necessary, in this new constitution of government to 
ascertain who shall be deemed successors to the said gov- 
ernor, deputy-governor, and magistrates ; it is declared, 
that the governor, lieutenant-governor, council, and sen- 
ate of this commonwealth, are, and shall be deemed, their 
successors, who, with the president of Harvard College, 
for the time being, together with the ministers of the con- 
gregational churches in the towns of Cambridge, Water- 
town, Charlestown, Boston, Roxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any 
way appertaining to the overseers of Harvard College ; 
provided, that nothing herein shall be construed to pre- 
vent the legislature of this commonwealth from making 
such alterations in the government of the said university, 
as shall be conducive to its advantage, and the interest 
of the republic of letters, in as full a manner as might 
have been done by the legislature of the late Province of 
the Massachusetts ^ay. 



COMMONWEALTH OF MASSACHUSETTS. 29 

CHAPTER V. 

Section H. 

The Encouragement of Literature^ etc. 

AVisdom and knoAvledge, as well as virtue, diffused gen- Dutyofiegisiat. 
eralh' among the body of the people, being necessary for retratlsliTalf' 
the preserv^ation of their rights and liberties ; and as these ro^urth^pro- 
depend on spreading the opportunities and advantajres of visions as to 

^^ . . ^ .. S n ^ 1 public BChoolB, 

education in the various parts of the country, and among; see amend- 

ni6ntB Art 

the different orders of the people, it shall be the duty xvm'. 
of legislatures and magistrates, in all future periods of 503. ^°'° 
this commonwealth, to cherish the interests of literature ^3 Mass. 94, 97. 
and the sciences, and all seminaries of them ; especially 
the university at Cambridge, public schools and grammar 
schools in the towns ; to encourage private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agriculture, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country ; to 
countenance and inculcate the principles of humanitj' and 
general benevolence, public and private charity, industry 
and frugality, honesty and punctuality in their dealings ; 
sincerity, good humor, and all social affections, and gen- 
erous sentiments, among the people. 



CHAPTER VI. 

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU- 
SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS- 
SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; 
THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI- 
SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC. 

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

" I, A. B., do declare, that I believe the Chi'istian reli- Abolished see 

' ' ' amendments, 

gion, and have a firm persuasion of its truth ; and that I Art. vu. 
am seised and possessed, in my own right, of the property 
required by the constitution, as one qualification for the 
office or place to which I am elected." 

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



30 



CONSTITUTION OF THE 



Declaration and 
oaths of all 
officers. 



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

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



VIZ. 



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



Oath of office. 



Proviso. See 
amendments. 
Art. VI. 



[" I, A. B., do trul}^ and sincerely acknowledge, profess, 
testify, and declare, that the Commonwealth of Massachu- 
setts is, and of right ought to be, a free, sovereign, and 
independent state ; and I do swear, that I will bear true 
faith and allegiance to the said commonwealth, and that I 
Avill defend the same against traitorous conspu'acies and all 
hostile attempts whatsoever ; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
queen, or government of Great Britain (as the case may 
be) , and every other foreign power whatsoever ; and that 
no foreign prince, person, prelate, state, or potentate, 
hath, or ought to have, any jm'isdiction, superiority, pre- 
eminence, authority, dispensing or other power, in any 
matter, civil, ecclesiastical, or spuitual, within this com- 
monwealth, except the authority and power which is or 
may be vested by their constituents in the congress of the 
United States : and I do further testify and declare, that 
no man or body of men hath or can have any right to 
absolve or discharge me from the obligation of this oath, 
declaration, or affirmation ; and that I do make this ac- 
knowledgment, profession, testimony, declaration, denial, 
renunciation, and abjuration, heartily and truly, according 
to the common meaning and acceptation of the foregoing 
words, without any equivocation, mental evasion, or secret 
reservation whatsoever. So help me, God."] 

"I, A. B., do solemnly swear and affirm, that I will 
faithfully and impartially discharge and perform all the 
duties incumbent on me as , according to 

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

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



COMMONAVEALTH OF MASSACHUSETTS. 31 

people called Quakers, and shall decline taking the said 
oath[s], he shall make his aiErmation in the foregoing 
form, and subscribe the same, omitting the words, ["/(Zo 
swear,'" " and abjure,'" " oath or," " and abjuration," in the 
first oath, and in the second oath, the words] ^^ swear 
and," and [in each of them] the words " jSo help me, 
God ; " subjoining instead thereof, " This I do under the 
pains and p)enalties of perjury." 

And the said oaths or affirmations shall be taken and atfirmati'ons 
subscribed by the governor, lieutenant-governor, and coun- |'g°'J/'^'^^°^^" 
cillors, before the president of the senate, in the presence 
of the two houses of assembly ; and by the senators and 
representatives first elected under this constitution, before 
the president and five of the council of the former consti- 
tution ; and forever afterwards before the governor and 
council for the time being ; and by the residue of the 
officers aforesaid, before such persons and in such manner 
as from time to time shall be prescribed by the legislature. 

II. No governor, lieutenant-governor, or iudi^e of the Plurality of 
... ' .' o offices pro- 

supreme judicial court, shall hold any other office or place, hibued to gov. 

under the authority of this commonwealth, except such as except.^etc. 

by this constitution they are admitted to hold, saving that me^n^^^rt. 

the judges of the said court may hold the offices of justices '^^^• 

of the peace through the state ; nor shall the}^ hold any 

other place or office, or receive any pension or salarj^ from 

any other state or government or power whatever. 

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

No person holding tlie office of judge of the supreme incompatible 
judicial cornet — secretary — attorney-general — solicitor- For^fukher pro- 
general — treasurer or receiver-general — judge of probate Scompatlwe 

— coimiiissary-general — [president, professor, or instruc- °®endm|nts 
tor of Harvard Colleo-el — sheriff — clerk of the house of ^X*-"^"!; „ 

& J . _£• 1 1 Officers of Har- 

representatives — register of probate — register of deeds vardooiiege 

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



32 



CONSTITUTION OF THE 



Incompatible 
offices. 



Bribery, etc., 
diequaliiy. 



Value of money 
ascertained. 



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



Provisions 
respecting 
commissions. 



Provisions re- 
specting writs. 

2 Pick. 592. 

3 Met. 58. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Maes. 59. 

2 Mass. 534. 

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



Benefit of 

habeas corpus 
secured, except, 
etc. 



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

And the same rule shall take place in case any judge of 
the said supreme judicial court, or judge of probate, shall 
accept a seat in council ; or any councillor shall accept of 
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 monej^ are mentioned 
in this constitution, the A'alue 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. 

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 33 

VIII. The enacting style, in making and passing all Jtyie*'°'*''"°^ 
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 failure of justice, or officers of 
dano;er arise to the commonwealth from a chano^e of the ment^ontrnued 
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 enjojanent and 
exercise of all their trusts, employments and authority ; 
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 authority. 

X. [In order the more effectually to adhere to the Provision for 
principles of the constitution, and to correct those viola- Btitutk)nf°° 
tions Avhich by any means may be made therein, as well pr°Jvi^on af to 
as to form such alterations as from experience shall be g^^amSfd-**' 
found necessary, the general court which shall be in the ments, Art. ix, 
3^ear of our Lord one thousand seven hundred and ninety- 
five, shall issue precepts to the selectmen of the several 

towns, and to the assessors of the unincorjiorated planta- 
tions, directing them to convene the qualified voters of 
their respective towns and plantations, for the purpose of 
collecting their sentiments on the necessity or expediency 
of revising the constitution, in order to amendments. 

And if it shall appear, by the returns made, that two- Provision for 
thirds of the qualified voters throughout the state, who stirutk>ir°°' 
shall assemble and vote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general com't shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns 
to elect delegates to meet in convention for the purpose 
aforesaid. 

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



34 



CONSTITUTION OF THE 



Provision for 
preserving aud 
publishing this 
constitution. 



XL This form of government shall be enrolled on 
parchment, and deposited in the secretary's oiBce, and be 
a part of the laws of the land ; and printed copies thereof 
shall be prefixed to the book containing the laws of this 
commonwealth, in all future editions of the said laws. 



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



General court 
empowered to 
charter cities. 
122 Mass. S54. 



Proviso. 

113 Mass. 200. 



Qualifications of 
voters for gov- 
ernor, lieuten- 
ant-governor, 
senators and 
representatives. 
See amend- 
ments, Arts, 
XXX. and 
XXXII. 
11 Pick. 538, 540. 
14 Pick. 341. 
14 Mass, 367. 
5 Met. 162, 298, 
691, 594. 



AETICLES OF AMENDMENT. 

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

Art. II. The general court shall have full power and 
authority to erect and constitute municipal or city gov- 
ernments, in any corporate town or towns in this com- 
monwealth, and to grant to the inhabitants thereof such 
powers, privileges, and immunities, not repugnant to the 
constitution, as the general court shall deem necessary 
or expedient for the regulation and government thereof, 
and to prescribe the manner of calling and holding public 
meetings of the inhabitants, in wards or otherwise, for 
the election of officers under the constitution, and the 
manner of returning the votes given at such meetings. 
Provided, that no such government shall be erected or 
constituted in an}' toAvn not containing twelve thousand 
inhabitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, 
present and voting thereon, pursuant to a vote at a meet- 
ing duly warned and holden for that purpose. And pro- 
vided, also, that all by-laws, made by such municipal 
or city government, shall be subject, at all times, to be 
annulled by the general court. 

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



COMMONWEALTH OF MASSACHUSETTS. 35 

or county tax, which shall, within two years next preced- j2?Ma8s^^595 
ino- such election, have been assessed upon him, in any 597. ' 

O ,..^1. 1111 124 Mass. 596. 

town or district 01 this commonAvealth ; and also every For educational 
citizen who shall be, by law, exempted from taxation, geeamMd"'"' 
and who shall be, in all other respects, qualified as above po^prol^ui^"^' 
mentioned,] shall have a right to vote in such election of ^Ive sen^dTn ° 
g'overnor, lieutenant-o;overnor, senators, and representa- the army or 

o ' O in -11 • uavy in time 

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

, , . amendniente, 

such election. Arts. xxviii. 

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

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

. , • T • 1 /i^ how appointed 

governor m the same manner as judicial oiiicers 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 ^^ent^^^^' 
legislature. xxxvn. ' 

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

'- ijiiiii A f 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 TWs'ciause'^^'*" 
advice and consent of the council, shall nominate and alS'e^Jdme^nts^^ 
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 com*t.] 

Whenever the exigencies of the commonwealth shall ge^^j^marbe 
require the appointment of a commissary-ffeneral, he shall appointed, m 

^. ^ ^ . ..~. case, etc. 

be nominated, appointed, and commissioned, in such man- 
ner as the legislature may, by law, prescribe. 

All officers commissioned to command in the militia Miiitia officers, 

, T p ,,T . , ill- how removed. 

may be removed irom office m such manner as the legis- 
latm*e may, by law, prescribe. 

Art. V. In the elections of captains and subalterns who may vote 
of the militia, all the members of their respective compa- subaUemT.* ^^ 
nies, as well those under as those above the age of twenty- 
one years, shall have a rio-ht to vote. 

Art. YI. Instead of "the oath of allegiance prescribed ^^a^^offidrs."" 
by the constitution, the following oath shall be taken and ^^^^1°^^;^'^; i. 
subscribed by every person chosen or appointed to any 
office, civil or militaiy, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to wit : — 

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



36 COXSTITUTIOX OF THE 

Qimke?s 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 oatli, declaration, or subscription, ex- 
cepting the oath prescribed in the preceding article, and 
the oath of office, shall be required of the governor, lieuten- 
ant-governor, councillors, senators, or representatives, to 
qualify them to perform the duties of their respective offices. 
of oS"''""^ Art. VIII. No judge of any court of this common- 
122 Mass. 445, wealth, (cxccpt the court of sessions,) and no person 
i23'Mas8. 525. holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governor, or coun- 
cillor, or have a seat in the senate or house of representa- 
tives of this commonwealth ; and no judge of any court in 
this commonwealth, (except the court of sessions,) nor the 
attorney-general, solicitor-general, county attorne}', clerk 
of any court, sheriff, treasurer and receiver-general, reg- 
ister of probate, nor register of deeds, shall continue to 
hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust ; 
but the acceptance of such trust, by any of the officers 
aforesaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common 
pleas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted, 
^nsufuuon?*" ^^'^ ■ IX. If, at any time hereafter, any specific and 
how made. particular amendment or amendments to the constitution 
be proposed in the general court, and agreed to by a ma- 
jority of the senators and two-thk'ds of the members of 
the house of representatives present and voting thereon, 
such proposed amendment or amendments shall be entered 
on the journals of the two houses, with the yeas and nays 
taken thereon, and referred to the g-eneral court then next 
to be chosen, and shall be published ; and if, in the general 
court next chosen as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of the 
senators and two-thirds of the members of the house of 
representatives present and voting thereon, then it shall 
be the duty of the general court to submit such proposed 



COMMOXWEALTH OF MASSACHUSETTS. 37 

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

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

or Doliticiil 

Wednesday of January, instead of the last Wednesday of year, 
May ; and the general court shall assemble every year on 
the said first Wednesday of January, and shall proceed, at 
that session, to make all the elections, and do all the other 
acts, which are by the constitution required to be made and 
done at the session which has heretofore commenced on the 
last Wednesday of May. And the general court shall be ^^^^^ termina- 
dissolved on the da}^ next preceding the fii'st Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent 
the general com^t from assembling at such other times as • 
they shall judge necessary, or when called together by the 
governor. The governor, lieutenant-governor and coun- 
cillors, shall also hold theu* respective offices for one year 
next folloAving the fk'st Wednesday of January, and until 
others are chosen and qualified in their stead. 

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

L o ^ o 111 choice of gov- 

governor, senators, and representatives, shall be held on ernoj, lieuten- 
the second Monday of November in ever}^ year; but etc. ."when to be 
meetings may be adjourned, if necessary, for the choice Thisdause 
of representatives, to the next day, and again to the next aSTen'dments^/ 
succeeding day, but no further. But in case a second ^rt.xv. 
meeting shall be necessary for the choice of representa- 
tives, such meetings shall be held on the fourth Monday 
of the same month of November.] 

All the other provisions of the constitution, respecting 
the elections and proceedings of the members of the gen- 
eral court, or of any other officers or persons whatever, that 
have reference to the last Wednesday of 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 ^'golnto^^^^ 
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 first Wednesday of 



38 



CONSTITUTION OF THE 



InconeiBtent 

provieions 

annulled. 



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

Hi. 



122 Mass. 40,41. 



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



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

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

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

"As the public worship of God and instructions in 
piety, religion, and morality, promote the happiness and 
prosperity of a people, and the security of a republican 
government; therefore, the several religious societies of 
this commonwealth, whether corporate or unincorporate, 
at any meeting legally warned and holden for that pur- 
pose, shall ever have the right to elect their pastors or 
religious teachers, to contract with them for their support, 
to raise money for erecting and repairing houses for public 
worship, for the maintenance of religious instruction, and 
for the payment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until the}'' shall file with the clerk of such 
society a written notice, declaring the dissolution of their 
membership, and thenceforth shall not be liable for any 
grant or contract which may be thereafter made, or entered 
into by such society ; and all religious sects and denomi- 
nations, demeaning themselves peaceably, and as good 
citizens of the commonwealth, shall be equally under the 
protection of the law ; and no subordination of any one 
sect or denomination to another shall ever be established 
by law." 

Art. XII. [In order to provide for a representation 
of the citizens of this commonwealth, founded upon the 
principles of equality, a census of the ratable polls, in each 
city, town, and district of the commonwealth, on the first 
day of Ma}^, shall be taken 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 our Lord 
one thousand eight hundred and thirtj^-seven , and in every 
tenth year thereafter, in the month of May, in manner 
aforesaid ; and each town or city having three hundred rata- 



COMMONWEALTH OF :MASSACHUSETTS. 39 

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

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

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

The governor and council shall ascertain and determine, The governor 
within the months of July and August, in the 3'ear of our determine'the 
Lord one thousand eight hundred and thirty-seven, accord- res™ntt'th4rto' 
ing to the foregoing principles, the number of representa- ^^^Q^ig^entitied 
fives, which each city, town, and representative district 
is entitled to elect, and the number of years, within the 
period of ten j^ears then next ensuing, that each city, 
town, and representative district may elect an additional 
representative ; and where any town has not a sufficient 
number of polls to elect a representative each year, then, 
how many years within the ten years, such town may elect 
a representative ; and the same shall be done once in ten New apportion- 

.1 1^, 1 ,1 1 •! 1 xi menttobemade 

years, thereaiter, by the governor and council, ana tiie once in every 
number of ratable polls in each decennial census of polls, t«">"^'«- 
shall determine the number of representatives, which each 



40 



CONSTITUTION OF THE 



Inconsistent 

provisions 

annulled. 



Census of in- 
habitants to be 
taken in 1840, 
apd decennially 
thereafter, for 
basis of repre- 
sentation. 
Provisions as to 
census super- 
seded by amend- 
ments. Arts. 
XXI. and XXII. 

Senatorial dis- 
tricts declared 
permanent. 
Provisions as to 
senators super- 
seded by amend- 
ments, Art. 

xxn. 



House of repre- 
sentatives, how 
apportioned. 
Provisions as to 
representatives 
superseded by 
amendments. 
Art. XXI. 



Small towns, 
how repre- 
sented. 



Towns may 
unite into 
representative 
districts. 



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

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

Art. XIII. [A census of the inhabitants of each city 
and town, on the first day of May, shall be taken, and 
returned into the secretary's office, on or before the last 
day of June, of the year one thousand eight hundred and 
forty, and of every tenth year thereafter ; which census 
shall determine the apportionment of senators and repre- 
sentatives for the term of ten 3^ears. 122 Maes. 595. 

The several senatorial districts now existing shall be 
permanent. The senate shall consist of forty members ; 
and in the 3^ear one thousand eight hundred and forty, 
and every tenth year thereafter, the governor and council 
shall assign the number of senators to be chosen in each 
district, according to the number of inhabitants in the 
same. But, in all cases, at least one senator shall be 
assigned to each district. 

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

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

Any two or more of the several towns may, by consent 
of a majorit}" of the legal voters present at a legal meet^ 
ing, in each of said towns, respectively, called for that 
purpose, and held before the fii-st day of August, in the 
year one thousand eight hundred and forty, and every 
tenth year thereafter, form themselves into a representa- 
tive district, to continue for the term of ten years ; and 



COMMONWEALTH OF MASSACHUSETTS. 41 

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

The number of inhabitants which shall entitle a town Basis of 

, 1 . J. J.' 1 J.1 • • representation, 

to elect one representative, and the mean increasing num- and ratio of 
ber which shall entitle a town or city to elect more than ^'^°''^^^®- 
one, and also the number by which the population of towns 
not entitled to a representative every year is to be divided, 
shall be increased, respectively, by one-tenth of the num- 
bers above mentioned, whenever the population of the 
commonwealth 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*dTO°mcii°to 
council shall, before the first day of September, a})portion *^Pj°ber°oV^*^ 
the number of representatives which each city, town, and representatives 
representative district is entitled to elect, and ascertain once in every 
how many 3^ears, within ten years, any town may elect a ®^y®^''^" 
representative, which is not entitled to elect one every 
year ; and the governor shall cause the same to be pub- 
lished forthwith. 

Nine councillors shall be annually chosen from among Councillors to 
the people at large, on the first Wednesday of January, the'^peopre at?"* 
or as soon thereafter as ma}^ 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- amendments, 
cies that may happen in the council, by death, resignation, 
or otherwise. No person shall be elected a councillor, who Qualifications 
has not been an inhabitant of this commonwealth for the ^ 
term of five 3^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 quli^cauonfor 
be required as a qualification for holdino: a seat in either a seat in general 

i i . , * . ., court or council 

branch oi the general court, or m the executive council, not required. 

Art. XIV. In all elections of civil officers by the Elections by the 
people of this commonwealth, whose election is provided piuraWyof ^^ 
for by the constitution, the person having the highest num- ^°*^* 
ber of votes shall be deemed and declared to be elected. 

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



42 CONSTITUTION OF THE 

resentatives on that day, a second meeting shall be holden, 
for that purpose, on the fourth Monday of the same month 
of November. 
iSlbrchosen Art. XVI. Eight councillors shall be annually chosen 
by the people, by the inhabitants of this commonwealth, qualified to vote 
698. " ' for governor. The election of councillors shall be deter- 
mined by the same rule that is required in the election of 
governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
Legislature to thercaftcrwards, shall divide the commonwealth into eight 

district si&tG. -!••/»• • -1 •• 

districts oi contiguous territory, each containing a number 
of inhabitants as nearly equal as practicable, without divid- 
ing any town or ward of a city, and each entitled to elect 
one councillor : pwvided, 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- 
difSed.'*^ lature. No person shall be eligible to the oiBce of coun- 
cillor who has not been an inhabitant of the commonwealth 
for the term of five years immediately preceding his elec- 
?e?of°e*iectfon tion. The day and manner of the election, the retm'n 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 [^vhencver there shall be a failure to elect the full num- 
^°J^^\^^°' ber of councillors, the vacancies shall be filled in the same 

vision as to ^ \ 

vacancies, see nianncr 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 ^g after sucli vacancics shall have happened.] And that 

the government. ' ii.i . '- . ^-' , 

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



COMMONWEALTH OF MASSACHUSETTS. 43 

shall be by them declared and published ; but in case there 
shall be no election of either of said officers, the leijislat- 
ure shall proceed to fill such vacancies in the manner pro- 
vided in the constitution for the choice of such officers. 

Art. XVn. The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen urerfaiiditorf*' 
annually, on the day in November prescribed for the generaTbyYhe 
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 declaitition of the election , shall be such as are required 
in the election of governor. In case of a failure to elect vacancies, how 
either of said officers on the day in November aforesaid, 
or in case of the decease, in the mean time, of the person 
elected as such, such officer shall be chosen on or before 
the thu'd 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, dm'ing an annual or special session 
of the general court, such vacancy shall in like manner 
be filled by choice from the people at large ; but if such 
vacancy shall occur at any other time, it shall be supplied 
by the governor b}^ appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, 
duly qualified in other respects, shall hold his office until 
his successor is chosen and duly qualified in his stead. 
In case any person chosen or appointed to either of the To qualify 
offices aforesaid, shall neglect, for the space of ten days rthe?wi8°offic^e 
after he could otherwise enter upon his duties, to qualify vac^^tf^™'''' 
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 ^^ears next preceding his 
election or appointment. 

Art. XVIII. All monej^s raised by taxation in the schooi moneys 
towns and cities for the support of public schools, and piild°fo? secta- 
all moneys which may be appropriated b}^ the state for po^ori^^Mr 
the support of common schools, shall be applied to, and provision as to 



44 



CONSTITUTION OF THE 



schools, see 

constitution, 

Part First, Art. 

III. 

12 AUen, 500, 

508. 

103 Mass. 94, 96. 



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



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



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

Art. XIX. The legislature shall prescribe, by general 
law, for the election of sheriifs, registers of probate, [com- 
missioners of insolvenc}^] and clerks of the courts, by the 
people of the several counties, and that district-attorneys 
shall be chosen by the people of the several districts, for 
such term of office as the legislature shall prescribe. 

no 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, liow- 
ever, that the provisions of this amendment shall not apply 
to any person prevented b}' 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 year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of ever}^ tenth 
3^ear thereafter. In the census aforesaid, a special enumer- 
ation shall be made of the legal voters ; and in each city, 
said enumeration shall specify the number of such legal 
voters aforesaid, residing in each ward of such city. The 
enumeration aforesaid shall determine the apportionment 
of representatives for the periods between the taking of 
the census. 

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



COMMONWEALTH OF MASSACHUSETTS. 45 

pose, as well as in the formation of districts, as hereinafter 
provided, be considered a part of the county of Plymouth ; 
and it shall be the duty of the secretary of the common- secretary ehaii 
wealth, to certify, as soon as may be after it is determined ceJs autho^Seci 
by the legislature, the number of representatives to which counties^. 
each county shall be entitled, to the board authorized to 
divide each county into representative districts. The 
mayor and aldermen of the city of Boston, the county 
conmiissioners of other counties than Suffolk, — or in lieu 
of the mayor and aldermen of the city of Boston, or of the 
county commissioners in each county other than Suffolk, 
such board of special commissioners in each county, to 
be elected by the people of the county, or of the towns 
therein, as may for that pm'pose be provided by law, — 
shall, on the first Tuesday of August next after each Meeting for 
assignment of representatives to each county, assemble at firltTuesday 
a shire town of their respective counties, and proceed, as ProVefdhigs. 
soon as may be, to divide the same into representative 
districts of contiguous territor}^ so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county ; and such districts 
shall be so formed that no town or ward of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding Quaiificationsof 
his election, shall have been an inhabitant of the district i22Mlts!'595r' 
for which he is chosen, and shall cease to represent such ^^^" 
district when he shall cease to be an inhabitant of the 
commonwealth. The districts in each county shall be Districts to be 
numbered by the board creating the same, and a descrip- des'^ribe^d 'and 
tion of each, with the numbers thereof and the number <'®''*'*^'*^- 
of legal voters therein, shall be returned by the board, to 
the secretary of the commonwealth, the county treasurer 
of each county, and to the clerk of every town in each 
district, to be filed and kept in thek* respective offices. 
The manner of callins: and conductino; the meeting's for 
the choice of representatives, and of ascertaining their 
election, shall be prescribed by law. [Not less than one Quorum, see 
hundred members of the house of representatives shall Arf^xxxiif. 
constitute a quorum for doing business ; but a less num- 
ber may organize temporarily, adjourn from day to da}'', 
and compel the attendance of absent members.] 

Art. XXH. A census of the legal voters of each citv census, etc. 

^ * See P. S. c 31 

and town, on the first day of May, shall be taken and 



4G 



CONSTITUTION OF THE 



Voters to be 
basis of appor- 
tionment or 
senators. 



Senate to con- 
sist of forty 
members. 



Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Quorum, see 
amendments, 
Art. XXXIII. 



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



Vacancies in the 
senate. 



returned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the year one 
thousand eight 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 tentli 
year thereafter. In the census aforesaid, a special enu- 
meration shall be made of the legal voters, and in each 
city said enumeration shall specify the number of such 
legal voters aforesaid, residing in each ward of such city. 
The enumeration aforesaid shall determine the apportion- 
ment of senators for the periods between the taking of the 
census. The senate shall consist of forty members. The 
general court shall, at its first session after each next pre- 
ceding special enumeration, divide the commonwealth into 
forty districts of adjacent territorj^ 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 may be, 
without uniting two counties, or parts of two or more 
counties, into one district. Each district shall elect one 
senator, who shall have been an inhabitant of this com- 
monwealth five years at least immediately preceding his 
election, and at the time of his election shall be an inhab- 
itant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. [Not less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn from day to day, and compel the attendance of 
absent members.] 

Art. XXIII. [No person of foreign birth shall be en- 
titled to vote, or shall be eligible to office, unless he shall 
have resided within the jurisdiction of the United States 
for two years subsequent to his naturalization, and shall 
be otherwise qualified, according to the constitution and 
laws of this commonwealth : provided, that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided, farther, that it shall not afiect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom.] 

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



COMMONWEALTH OF MASSACHUSETTS. 47 

Art. XXV. In case of a vacancy in the council, from vacancies in tbe 
a faihu'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, amMdments 
which is as follows, to wit: " No person of foreign birth '^'"^"iied. 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within the jurisdiction of the United 
States for two 3^ears 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 
j)roinded, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the tem- 
porary absence of the parent therefrom," is hereby wholly 
annulled. 

Art. XXVII. So much of article two of chapter six Provisiotis of 
of the constitution of this commonwealth as relates to per- vi.,' relating to 
sons holding the office of president, professor, or instructor vardTcoUege!'^ 
of Harvard College, is hereby annulled. annuued. 

Art. XXVIII. No person having served in the army Superseded by 
or navy of the United States in time of war, and having 
been honorably discharged from such service, if 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- 

1 !• •ir> i-ii- iX'^Lix cincts m towns. 

and authority to provide lor the inhabitants ot 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 existino- constitution inconsistent with the 
provisions herein contained are hereby annulled. 

Art. XXX. No person, otherwise qualified to vote in voters not dis. 
elections for governor, lieutenant-governor, senators, and r^aUn^of ^ 
representatives, shall, by reason of a change of residence dencf untiiTix 
Avithin the commonwealth, be disqualified from voting for ^""'^ofVem^vai. 
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 navj', etc., 
not disqualified 
from voting for 
non-payment of 
poll tax. 



Provisions of 
amendments. 
Art. III., rela- 
tive to payment 
bf 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- 
ncation of 
governor, 
annulled. 



Provisions of 
Art. II., § III., 
Chap. I., rela- 
tive to expense 
of travelling to 
the general 
assembly by 
members of the 
house.annulled. 



his residence, until the expiration of six calendar months 
from the time of such removal. 

Art. XXXI. Article twenty-eight of the amendments 
of the constitution is hereby amended by striking out in 
the fourth line thereof the words " being a pauper", and 
inserting in place thereof the words : — receiving or having 
received aid from any city or town, — and also by striking 
out in said fourth line the words " if a pauper", so that 
the article as amended shall read as follows : Article 
XXVIII. No person having served in the army or navy 
of the United States in time of war, and having been hon- 
orably discharged from such service, if otherwise qualified 
to vote, shall be disqualified therefor on account of receiv- 
ing or having received aid from any city or town, or be- 
cause of the non-payment of a poll tax. 

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 49 

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

Art. XXXVI. So much of article nineteen of the Amendments, 

. Art XI \ 

articles of amendment to the constitution of the common- amended.' 
wealth as is contained in the following words : " commis- 
sioners of insolvency ", is hereby annulled. 

Art. XXXVn. The governor, with the consent of SnofK^rs. 
the council, may remove justices of the peace and notaries 
public. 

Art. XXXVIH. Voting machines or other mechanical nmcumes may 
devices for votinii: may be used at all elections under such iieusedat 

1 • 1 -1 1 1 1 '777 elections. 

regulations as may l)e prescribed by law : provided, lioir- 
ever, that the right of secret voting shall be preserved. 

Art. XXXIX. Article ten of part one of the consti- SaTure"'^ 
tution is hereby amended by addino- to it the followiuir leiative tothe 

1 mi i • 1 1 -1 /• 1 takinff of land, 

words : — ihe legislature may b}^ special acts tor the pur- etc., for 
pose of laying out, widening or relocating highways or relocating 
streets, authorize the taking in fee by the commonwealth, '^ ^^ ays. etc. 
or by a county, city or town, of more land and property 
than are needed for the actual construction of such high- 
way or street : provided, however, that the land and pro})- Proviso. 
erty authorized to be taken are specified in the act and 
are no more in extent than would be sufficient for suit- 
able building lots on both sides of such highway or street, 
and after so much of the land or property has been ap- 
propriated for such highway or street as is needed there- 
for, may authorize the sale of the remainder for value 
with or without suitable restrictions. 



The constitution of Massaelmsetts "was agreed npon by dele- 
gates of the people, in convention, begun and held at Cambi'idge, 
on the first day of September, 1779, and continued by adjourn- 
ments to the second day of March, 1780, when the convention 
adjourned to meet on the first Wednesday of the ensuing June. 
In the mean time the constitution was submitted to the people, 
to be adopted by them, provided two-thirds of the votes Q\ven 
should be in the affirmative. When the convention assembled, it 
was found that the constitution had been adopted by the requi- 
site number of votes, and the convention accordingly Besolved, 
" 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 elections, agree- 
able to this resolution." The first legislature assembled at Bos- 
ton, on the twenty-fifth day of October, 1780. 



50 CONSTITUTION OF THE 

The first nine Articles of Amendment were submitted, by dele- 
gates in convention assembled, November 15, 1820, to the people, 
and by them ratified and adopted April 0, 1821. 

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

The elcA^enth Article was adoj)ted by the legislatures of the 
political j-ears 1832 and 1833, respectively, and was approved 
and ratified by the people November 11, 1S33. 

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

The thirteenth Article was adopted by the legislatures of the 
political years 1839 and 1840, respectively, and was approved 
and ratified by the people the sixth day of Ajiril, 1840. 

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, 
and nineteenth Articles were adopted by the leg:islatures of the 
political years 1854 and 1855, respective!}', and ratified by the 
people the twenty-third day of May, 1855. 

The twentieth, twenty-first, and twenty-second Articles were 
adopted by the legislatures of the political years 1856 and 1857, 
respectively, and ratified by the peo^^le on the fii*st day of May, 
1857. 

The twenty-third Article was adopted by the legislatures of 
the political yeai"s 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 Avas adopted by the leg:islatures 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 rati- 
fied by the people on the sixth day of November, 1877. 

The twenty-eighth Article Avas 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, 1881. 



COMMONAVEALTH OF MASSACHUSETTS. 51 

The twenty-ninth Article was adopted by the legislatures of 
the political years 18S4 and 1885, and was approved and ratified 
by the people on the third day of November, 1885. 

•The thirtieth and thirty-first Articles were adopted by the legis- 
latures of the political years 1889 and 1890, and were approved 
and ratified by the people on the fourth day of November, 1890. 

The thirty-second and thirty-third Articles were adopted by the 
legislatures of the political years 1890 and 1891, and were ap- 
proved and ratified by the people on the third day of November, 
1891. 

The thirty-fourth Article was adopted by the legislatures of the 
political years 1891 and 1892, and was approved and ratified by 
the peojDle on the eighth day of November, 1892. 

The thirty-fifth Article was adopted by the legislatures of the 
23olitical years 1892 and 1893, and was approved and ratified by 
the people on the seventh day of November, 1893. 

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

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. 

The thirty-eighth Article was adoj^ted by the legislatures of 
the political years 1909 and 1910, and was approved and ratified 
by the people on the seventh day of November, 1911. 

The thirty-ninth Article was adopted by the legislatures of the 
political years 1910 and 1911, and was approved and ratified by 
the people on the seventh day of November, 1911. 



[A proposed Article of Amendment prohibiting the manufac- 
ture and sale of Intoxicating Liquor as a beverage, adopted by the 
legislatures 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 
elections 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 thii-d 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 
AUmony, 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 annuallj' in Novem- 
ber, 21,43 

to hold office for one year from third Wednesday in January 

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

election determined by legislature, ..... 43 

in failure of election by the voters, or in case of decease of 
person elected, vacancy to be filled by joint ballot of legis- 
lature from the two persons having the highest number 
of votes at November election, ..... 43 
[55] 



56 INDEX TO- THE CONSTITUTION. 



Attorney-general, vacancy occurring during, session. of the legisla- 
ture, filled by joint ballot of legislature from the people 
at large, . . . . . \ . . . . 43 

vacancy occurring .during- recess of legislature, filled by gov- 
ernor by appointment, 'with conseat 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 o'ne 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 office of attorney-general^ 43 

not efigible, unless an ifthabitant of the state for five years 

next preceding election, .'"'"". . . . . 43 

office to be deemed'vacant if pers(jp elected or appointed fails - .s= 
to be qualified within ten days, . .... . . 43' 



B. 

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

Bills, money, to ori^nate 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 goverribr 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 poUtic, formation and nature of, . . . . -. 3 

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



c. 

Census of ratable polls, ........ 38 

of inhabitants, . . . . . . . .. 40, 44, 45 

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

every tenth year thereafter, ...... 44, 46 

enumeration of voters to determine the apportionment of 

representatives, ........ 44 



INDEX TO THE CONSTITUTION. 57 

. — Page 

Cities, may be chartered by the.general court, if containing twelve 
thousand inhabitants and consented to by a majority 
thereof, . ^. ... . . . . 34 

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

elected by a plurality of votes, . . . . .41 

Clerks of courts, elected by the people of the several counties, . 44 

Clerks of towns, to make records and returns of elections, . . 13 
Colonial laws, not repugnant to the constitution, continued in 

force, . . . . . . .- 32 

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

Commerce, agriculture and the arts, to h€ 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-thfe people of the several 

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

Cojnmissions, to be in the name of the commonwealth, signed by 
governor, attested by the secretary, and have the gr^t 
seal affixed, . . ■ . . . . .32 

Congress, delegates to, . . . . . .... 27 

members ef, 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, deposited in secretary's office, 

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

Coroners, .... . . . . . . .21 

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

eight councillors to be elected annually, .... 24, 42 

election. to be determined by rule required in that of gov- 
ernor, .......... 42 

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

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

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

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

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

register of council may be called for by either house, . 25 

to exercise the power of governor when office of governor 

and lieutenant governor is vacant, ..... 25 



58 



INDEX TO THE CONSTITUTION. 



Council, no property qualification required, . . . . . 

eight districts to be formed, each composed of five contiguous 
senatorial districts, ....... 

eligible to election if an inhabitant of state for five j^ears pre- 
ceding election, ........ 

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

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, ......... 

Court, superior, judges not to hold certain other offices, 
Court, supreme judicial, judges to have honorable salaries fixed 
by standing laws, and to hold office during good be- 
havior, ......... 

judges not to hold certain other offices, . . . . 

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 offences, prosecutions for, regulated, . 
Crimes to be proved in the vicinity of where they happen. 



D. 



29 



Debate, freedom of, in the legislature, 

Declaration of the rights of the inhabitants, 

Declaration and oaths of officers; tests abolished. 

Delegates to congress, ....... 

Departments, legislative, excutive and judicial, to be kept separate 
District attorneys, elected by the people of the several districts. 
Districts, councillor, eight, each to be composed of five contiguous 

senatorial districts, ...... 

Districts, senatorial, forty, to be of adjacent territory, and to con^ 

tain as near as may be an equal number of voters, . 
Districts, representative, to be established by commissioners in the 

several counties, ...... 

Divorce, alimony, etc., ...... 

E. 

Educational interests to be cherished, ...... 

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



Page 

41 

42 

42 
37 



47 
36 



9,23 
36 



26 
44 
26 
44 
11 
11 
7 
7 



8 

4 

, 35, 36 

27 
9 

44 



42 

46 

39,45 
27 

29 

41 

41,42 



INDEX TO THE CONSTITUTION. 59 

Page 

Election returns, . . . . . . . . . 13, 42 

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 

voting machines may be used at, . . . . . .49 

Enacting style of laws, estabhshed, ...... 33 

Equality and natural rights of all men, ..... 4 

Estates, valuation to be taken anew once at least every ten years, . 12 
Executive department, not to exercise legislative or judicial powers, 9 

fix posi/acio 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 
Fundamental principles 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 declare any subject to be guilty of treason or felony, . 9 

formed by two branches, a senate and house of representa- 
tives, each having a negative on the other, ... 10 
to assemble every year on the first Wednesday of January, at 
such other times as they shall judge necessary, and when- 
ever called by the governor, with the advice of council, 10, 19, 37 
may constitute and erect judicatories and courts, . . . 11 

may make wholesome and reasonable laws and ordinances not 

repugnant to the constitution, . . . . .11 

may provide for the election or appointment of officers, and 

prescribe their duties, . . . .11 

may impose taxes, etc., to be used for the public service, . . 12 

to be dissolved on the day next preceding the first Wednes- 
day of January, . . . . 20, 37 

travelling expenses of members; provision annulled, . . 16, 48 

may be adjourned or prorogued, upon its request, by the gov- 
ernor with advice of council, ...... 19 

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



60 



INDEX TO THE CONSTITUTION. 



Page 
General court, judicial officers may be removed upon address of, . 26 
person convicted of bribery, not to hold seat in, . . . 32 

may increase property qualifications of persons to be elected 

to office, 32 

certain officers not to have seats in, . . . . .31 

may be prorogued by governor and council for ninety days, if 

houses disagree, etc., ....... 20 

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

empowered to charter cities, ....... 34 

to determine election of governor, lieutenant governor and. 

councillors, ......... 41, 42 

to prescribe by law for election of sheriffs, registers of probate 
and commissioners of insolvency by the people of the coun- 
ties, and district attorneys by the people of the districts, 44 
quorum, to consist of a majority of members, ... 48 

powers of, relative to the taking of land, etc., for widening or 

relocating highways or streets, ..... 49 

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

Government by the people, as a free, sovereign and independent state, 5 

Governor, the supreme executive magistrate, styled, — The Gov- 
ernor of the Commonwealth of Massachusetts; with the 
title of, — His Excellency; elected annually, ... 18 
qualifications, ........ 18, 36, 48 

term of office, ......... 37 

should have an honorable stated salary, ... 23 

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

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

to appoint the adjutant general, ...... 22 

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

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

to take oaths of office before president of the senate in pres- 
ence of the two houses of assembly, .... 31 

to sign all commissions, ....... 32 

election determined by the legislature, . . . . 42, 43 

veto power, ......... 10 

vacancy in office of, powers to be exercised by the lieutenant 

governor, ......... 24 

vacancy in office of governor and lieutenant governor, powers 

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

with advice of council, may adjourn or prorogue the legisla- 
ture upon request, and convene the same, ... 19 
may adjourn or prorogue the legislature for not exceeding 
ninety days when houses disagree, or may direct session 
to be held in other than the usual place in case of an in- 
fectious distemper prevaiUng, ..... 19 

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



INDEX TO THE CONSTITUTION. 61 



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

in session, ......... 47 

with consent of council, may remove judicial officers, upon 

the address of both houses of the legislature, ... 26 
Governor and council, to examine election returns, . . .14, 42 

may punish persons guilty of disrespect, etc., by imprison- 
ment not exceeding thirty daj's, . . . . . 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 deputy, ..... 26 

H. 

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

Harvard College, powers and 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 

Highways, etc., taking of land for widening or relocating, powers of 

the legislature concerning, ...... 49 

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

a representation of the people annually elected and founded 

upon the principle of equality, ..... 16 

may impose fines upon towns not choosing members, . . 16 

expense of travel once every session each way, to be paid by 

the government; provision annulled, . . . . 16, 48 

to enter objections made by governor to a bill or resolve at 

large upon records, ....... 10 

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

must be an inhabitant of district for one year preceding elec- 
tion, and shall cease to be a member when ceasing to be 
an inhabitant of the state, ...... 45 

members not to be arrested on mesne process during going 

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

the grand inquest of the commonwealth, .... 17 

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

concur with amendments, . . . . . .17 

not to adjourn more than two daj's 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. 



House of representatives, privileges of members, .... 18 

may require the attendance of secretary of the commonwealth 

in person or by deputy, ...... 26 

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

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

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

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

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

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

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

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

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

I. 

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

Incompatible offices, . . . . . . 31, 36 

"Inhabitant," the word defined, ...... 13 

Inhabitants, census to be taken in 1865, and every tenth year there- 
after, 38, 40, 44, 45 

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

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

Instruction of representatives, ....... 8 

J. 

Judges of courts may not hold certain other offices, . . . 31, 36 
Judges of the supreme judicial court, to hold office during good 
behavior, and to have honorable salaries established by 
standing laws, . . 9, 23, 26 

to give opinions upon important questions of law, etc., when 
required by the governor and council, or either branch of 
legislature, ......... 26 

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

Judicatories and courts, may be estabhshed by the general court, . 11 
may administer oaths or affirmations, . . . .11 

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



INDEX TO THE CONSTITUTION. 63 

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 both 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. 

Land, etc., taking of, for widening or relocating highways, etc., . 49 
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, 49 

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

Legislature (see General Court). 

Liberty of the press, essential to the security of freedom, . . 8 
Lieutenant governor, to be annually elected in November, — title 
of, His Honor; who shall be qualified same as gov- 
ernor, 23, 37, 41, 48 

in the absence of governor, to be president of the council, . 24 

to be acting governor when the chair of the governor is vacant, . 24 
to take oath of office before president of the senate in pres- 
ence of both houses, ....... 31 

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

term of office, ......... 37 

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

M. 

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

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

Major generals, elected by senate and house of representatives by 

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

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

Marriage, divorce and afimony, ....... 27 



64 



INDEX TO THE CONSTITUTION. 



Page 



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

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

captains and subalterns, elected by the train-bands, 
all members of companies may vote, including minors, 
field officers, elected by captains and subalterns, 
brigadiers, elected by field officers, .... 

major generals, elected by senate and house of representatives 
by concurrent vote, ...... 

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

oflBcers commissioned to command maj'^ 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 

shilhngs 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 apphed for support of sectarian schools, . 
Moral obligations of lawgivers and magistrates, 
Moral qualifications for oflBce, ...... 



21 
21,35 
35 
21 
21 

21 
21 

22 

22,35 
22 
22 
22 

32 
17 

43 
8 
8 



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

how removed, . . . . . . . . . 35, 49 



o. 

Oaths and affirmations, may be administered by courts and judica- 
tories, ......... 11 

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

forms of, 29, 30,. 35 

Quakers may affirm, . . . . . . . . 30, 36 

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

Objects of government, . . . . . 3, 6 

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

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

Office, rotation in, right secured, ...... 6 

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



INDEX TO TPIE CONSTITUTION. 



65 



Page 

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

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

of, 11 

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

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

the address of both houses of the legislatui-e, ... 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 w^ith 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, should be in the laws, 6 

Petition, right of, ........ . 8 

Plantations, unincorporated, tax-paying inhabitants may vote for 

councillors and senators, . . . . . .14 

Plurality of offices, . . . . . . . . .31 

of votes, election of civil officers by, . . . . .41 

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

Polls, ratable, census of, ........ 38 

Preamble to constitution, ........ 3 

Press, liberty of, essential to the security of freedom, ... 8 

Private property taken for public uses, compensation to be made 

for, .......... 6 

Probate courts, provisions for holding, ..... 26 

registers, elected by the 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 THE CONSTITUTION. 



Public boards and certain officers to make quarterly reports to the 

governor, ......... 22 

Public notary (see Notary public). 

Public officers, right of people to secure rotation, .... 6 

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

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

Punishments, cruel and unusual, not to be infficted, ... 9 

Q. 

Quakers, maj' make affirmation, ....... 30, 36 

Qualification of persons to be elected to office may be increased by 

the legislature, ........ 32 

QuaUfication, property, of governor, abohshed, .... 48 

Qualification, property, partially abolished, ..... 41 

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

of governor, ........ 18, 43, 48 

of lieutenant governor, ...... 23, 43, 48 

of councillors, . . . . . . . 41, 43 

of senators, . . . . . . . 15, 40, 46 

of representatives, ....... 16, 41, 45 

of secretary, treasurer, auditor, and attorney-general, 43 

Qualifications, moral, of officers and magistrates, .... 8 

Quartermasters, appointed by commanding officers of regiments, 22 

Quorum, of council, . . . . 19, 24, 42 

of senate, . . . . . . . 16, 46, 48 

of house of representatives, ...... 17, 45, 48 

R. 

Ratable polls, census of, ........ 38 

Reading and writing, knowledge of, necessary qualifications for 

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

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

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

and signed by members present, ..... 25 

Registers of probate, chosen by the people of the several counties, 21, 44 

Religious denominations, equal protection secured to all, . . 5, 38 

Religious sect or denomination, no subordination of one to another 

to be estabUshed by law, . 5, 38 

Religious societies, may elect their own pastors or religious teachers, 5, 38 

membersliip of, defined, ....... 38 

Religious worship, pubUc, right and duty of, and protection therein, 4 
support of the ministry, and erection and repair of houses of 

worship, . . . . . . . . 4, 5, 38 

Remedies by recourse to the law, to be free, complete and prompt, . 6 



INDEX TO THE CONSTITUTION. 67 

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

Returns of votes, 13, 19, 42, 43 

Revision of con.stitution pro\n(led for in the year 1795, ... 33 
Rights, declaration of, ....... . 4 

s. 

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

Salarj', a stated and honorable salary to be established for the 

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

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

if not sufficient, 9, 23 

School moneys, not to be appropriated for sectarian schools, . . 44 

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

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

in November, . . . 25, 43 

to hold office for one j'ear from third Wednesday in January 

next thereafter, and until another is chosen and qualified, 43 
manner of election, etc., same as governor, .... 43 

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

vacancy occurring during session of the legislature, filled by 

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

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

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten daj's, ..... 43 

records of commonwealth to be kept in office of, . . . 26 
may appoint deputies, for whose conduct he shall be account- 
able, 26 

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

by deputies, as they shall require, . • . . . .26 

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

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

Sectarian schools, not to be maintained at public expense, . 44 

Selectmen, to preside at town meetings, elections, etc., ... 13 
Self-government, right of, asserted, ...... 5 



68 INDEX TO THP: CONSTITUTION. 

Page 

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 offences; trial may be by committee, . 18 
may require the attendance of the secretary of the common- 
wealth in person or by deputy, ..... 26 

may require the opinions of the justices of the supreme judicial 
court 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 territorj', and to 

contain, as near as may be, an equal number of voters, . 46 
apportionment based upon legal voters, .... 46 

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

Silver, value of money mentioned in the constitution to be computed 

in silver at six shillings and eight pence per ounce, . 32 

Soldier, not to be quartered in any house, in time of peace, without 

consent of owner, ....... 9 

Soldiers and sailors, who have served in time of war, etc., not dis- 
qualified from voting on account of non-payment of poll tax, 48 
Sohcitor-general, ......... 21 

Standing armies, dangerovis to liberty and not to be maintained 

without consent of the legislature, ..... 8 

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

Streets, etc., taking of land for widening or relocating, powers of the 

legislature concerning, . . . . . . .49 

Supreme judicial court, judges to have honorable salaries fixed by 

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

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

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



INDEX TO THE CONSTITUTION. 



69 



T. 

Page 
Taxation should be founded on consent, . . . . . 6, 8 

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

representatives, ........ 8 

may be imposed by the legislature, ..... 12 

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

years, 12 

Tenure that all commission officers shall bjf law have in their offices, 

shall be expressed in their conunissions, .... 26 

Tests abolished, ......... 36 

Title of body pohtic, — The Commonwealth of Massachusetts, . 10 
Title of governor to be, — His Excellency, ..... 18 

Title of heutenant 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 by the 
government, . . . . . .16 

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

legislature, ......... 9 

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

to hold office for one year from third Wednesday in January 

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

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

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

next preceding election or appointment, .... 43 

no man ehgible more than five years successively, . . .25, 26 

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

vacancy occurring during session of the legislature, filled by 

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

office to be deemed vacant if person elected or appointed fails 

to be qualified witliin 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 appointment, with advice of council, . . 35, 43 

Vacancy in militia office, filled by governor and council, if electors 

neglect or refuse to make election, . . . . 21, 22 

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

least, .......... 12 

Veto power of the governor, . . . . . .10 

Voters, qualifications of, at elections for governor, lieutenant gov- 
ernor, senators and representatives, 13, 17, 34, 44, 46, 47, 48 
not disqualified on account of non-payment of poll tax if they 

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

the basis upon which the apportionment of representatives 

to the several counties is made, ..... 44 
basis of apportionment of senators, ..... 46 
census of, to be taken in 1865, and every tenth year after, . 44, 46 

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

plurality of, to elect civil officers, ...... 41 

Voting machines may be used at elections, ..... 49 

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



INDEX TO THE CONSTITUTION. 71 



W. 

Page 
Worship, public, the right and duty of all men, ... 4 

Writ of habeas corpus, to be enjoyed in the most free, easy, cheap 
and expeditious manner, and not to be suspended by 
legislature, except for a limited time, .... 32 

Writing and reading, necessary qualifications for voting, or hold- 
ing office, ......... 44 

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

Y. 

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



ACTS AND RESOLVES 

OF 

MASSACHUSETTS. 
1912. 



1^= The General Court of the year nineteen hundred and twelve assembled 
on Wednesday, the third day of January. The oaths of office were taken 
and subscribed by His Excellency Eugene N. Foss and His Honor Robert 
Luce, on Thursday, the fourth day of January, in the presence of the two 
Houses assembled in convention. 



ACTS. 



An Act making appropriations for the compensation (jfi^jf 

OF THE MEMBERS OF THE GENERAL COURT, FOR THE COM- 
PENSATION OF CERTAIN OFFICERS THEREOF, AND FOR EX- 
PENSES IN CONNECTION THEREWITH. 

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

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

For the compensation of senators, fortv-one thousand Senators, 

, ,, ^ '■ compensation. 

dollars. 

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

For the compensation of representatives, two hundred Represent*- 
and forty-one thousand dollars. pensation. 

For compensation for travel of representatives, a sum not Travel. 
exceeding nineteen thousand dollars. 

For the salary of Henry D. Coolidge, clerk of the senate, cierkofthe 
thirty-five hundred dollars. ''"''*^- 

For the salary of William H. Sanger, assistant clerk' of ^^^**fjjj 
the senate, twenty-five hundred dollars. senate. 

For such additional clerical assistance to the clerk of the clerical 
senate as may be necessary for the proper despatch of public ^^®'^'''"'=^- 
business, a sum not exceeding fifteen hundred dollars. 

For the salary of James W. Kimball, clerk of the house of hiluge"^'^^ 
representatives, thirty-five hundred dollars. 

For the salary of Frank E. Bridgman, assistant clerk of -^ylfl^^pl^^^ 
the house of representatives, twenty-five hundred dollars. house. 

For such additional clerical assistance to the clerk of the clerical 

1 p ... 1 p J.U assistance. 

house oi representatives as may be necessary tor the proper 



Acts, 1912. — Chap. 1. 



Chaplains. 



Doorkeepers, 
etc. 



Assistant 

doorkeepers, 

etc. 



Printing and 
binding. 



Manual. 



Senate 
stationery. 

House 
stationery. 

Contingent 
expenses. 



Expenses of 
commiltees. 



Advertising 
bearings. 



Witness fees, 
etc. 



Publication 
of bulletin. 



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

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

For the salaries of the doorkeepers of the senate and house 
of representatives, and the postmaster, forty-four hundred 
dollars. 

For the compensation of assistant doorkeepers and mes- 
sengers to the senate and house of representatives, a sum 
not exceeding twenty-five thousand two hundred dollars. 

For the compensation of the pages to the senate and house 
of representatives, a sum not exceeding sixty-one hundred 
and twenty 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 sixty-five hundred 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 preparing 
and mailing the advertisements to the various newspapers, 
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. 

Ayinoved January 10, 1912. 



Acts, 1912. — Chaps. 2, 3. 



An Act relative to the nomination of candidates for Phn^ o 

A SPECIAL ELECTION FOR REPRESENTATIVE IN THE GEN- 
ERAL COURT IN THE TENTH PLYMOUTH DISTRICT. 

Be it enacted, etc., as foUoics: 

Section 1. In the nomination of candidates of politi- Nomination 

Pii , • 1 rr^ p ' of candidates 

cal parties to nil the vacancy ni the omce or representative tofiiia 
in the general court in the tenth Plymouth district, caused 
by the death of Portus B. Hancock, nominations shall be 
made in the manner provided in chapter five hundred and 
sixty of the acts of the year nineteen hundred and seven, 
relating to caucuses for special elections. 
Section 2. This act shall take effect upon its passage. 

Approved January 16, 1912. 



Chap. 



An Act directing the treasurer and receiver general 
to issue all bonds and scrip upon the serial payment 

PLAN. 

Be it enacted, etc., as follows: 

Section 1. The treasurer and receiver general shall issue Bonda, etc.. 
all bonds or scrip of the commonwealth, now or hereafter mo'il'we'aTth to 
authorized, upon the serial payment plan. The said plan seriafpaym^t 
shall provide for the issue of bonds or scrip to be paid serially p'^"- 
in such amounts and at such times as shall be determined 
by the treasurer and recei\'er general, with the approval of 
the governor and council, to be for the best interests of the 
commonwealth; the bond last payable in any such issue to 
become due at a date not later than the time named in the 
act. 

Section 2. The treasurer and receiver general shall Anaounttobe 
annually certify to the auditor of the commonwealth the state tax. 
amount necessary to be included in the state tax to provide 
for such serial payments on account of any bonds or scrip 
of the commonwealth, which amount shall be included in 
the state tax ordered to be assessed for the year in which 
such payments are to be made. 

Section 3. On all bonds or scrip that have been or Assessmenta 
may hereafter be issued for the benefit of any of the met- l^"an ^*''^°" 
ropolitan districts, so-called, the treasurer and receiver '^'^''■'^*'S- 
general shall assess upon the said metropolitan districts 
annually amounts necessary for the payment of the serial 
bonds falling due, and shall collect the same in the same 



Acts, 1912. — Chap. 4. 



Application of 
premium. 



Surplus. 



Repeal. 



manner as assessments for sinking fund purposes are col- 
lected. 

Section 4. Any premium received on the sale of bonds 
or scrip authorized by this act shall be applied to the pay- 
ment of the principal of the first bond or bonds which mature. 

Section 5. When any sinking fund of the common- 
wealth contains more than an amount sufficient with its 
accumulations added, calculated on the basis on which the 
funds are figured, to extinguish at maturity the indebted- 
ness for which it was established, the treasurer and receiver 
general shall add such surplus to any other sinking funds 
which are not sufficient with their accumulations, calculated 
as aforesaid, to meet the indebtedness for which they were 
established. 

Section 6. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

Section 7. This act shall take effect upon its passage. 

Approved January 22, 1912. 



Chap, 4 An Act making appropriations for salaries and ex- 
penses in the judicial department of the common- 
wealth. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the salaries and expenses of 
the judicial department of the commonwealth for the fiscal 
year ending on the thirtieth day of November, nineteen 
hundred and twelve, to wit : — 



Appropria- 
tioaa. 



Chief Justicea 
and associate 
justicea. 



Clerk. 

Clerical 
assistance to 
clerk. 

Clerical 
assistance to 
Justices. 

Expeaaea. 

Reporter of 
decisions, etc. 



SUPREME judicial COURT. 

For the salaries and travelling expenses of the chief justice 
and of the six associate justices, seventy-four thousand 
dollars. 

For the salary of the clerk, three thousand dollars. 

For clerical assistance to the clerk, eight hundred dollars. 

For clerical assistance to the justices, a sum not exceeding 
twenty-five hundred dollars. 

For expenses of the supreme judicial court, a sum not 
exceeding two thousand dollars. 

For the salary of the reporter of decisions, four thousand 
dollars; and for clerk hire and incidental expenses of said 
reporter, a sum not exceeding five thousand dollars. 



Acts, 1912. — Chap. 4. 7 

For the salaries of the officers and messenger, twenty-four officers and 

, J J J n messenger. 

hundred dollars. 

For the salary of the clerk for the county of Suffolk, fifteen cierk, 
hundred dollars. county. 

For the salary of the assistant clerk for the county of ^^XiT* *'''"^''' 
Suffolk, five hundred dollars. county. 

For the salaries of the retired justices, thirteen thousand PgUces. 
one hundred and twenty-five dollars. 

SUPERIOR COURT. 

For the salaries and travelling expenses of the chief justice superior court, 
and of the twenty-seven associate justices, two hundred and 
thirty-eight thousand five hundred dollars. 

For the salary of the assistant clerk, five hundred dollars. Assistant clerk. 

For printing, transportation of papers and documents, Priming, etc. 
and for incidental expenses of the superior court, a sum not 
exceeding four hundred dollars. 

For the salary of the retired justice of the superior court, Retired justice. 
six thousand dollars. 

COURTS OF PROBATE AND INSOLVENCY. 

For the salary of the judge for the county of Barnstable, Judge of 

• 1. -1 1 Till probate, etc. 

eighteen riundred dollars. Barnstable. 

For the salary of the judge for the county of Berkshire, Berkshire. 
twenty-five hundred dollars. 

For the salary of the judge for the county of Bristol, Bristol. 
forty-five hundred dollars. 

For the salary of the judge for the county of Dukes County, Dukes 
nine hundred dollars. 

For the salaries of the two judges for the county of Essex, Essex, 
eight thousand dollars. 

For the salary of the judge for the county of Franklin, Franklin. 
eighteen hundred dollars. 

For the salary of the judge for the county of Hampden, nampden. 
thirty-eight hundred dollars. 

For the salary of the judge for the county of Hampshire, Hampshire. 
eighteen hundred dollars. 

For the salaries of the two judges for the county of Middle- Middlesex, 
sex, ten thousand dollars. 

For the salary of the judge for the county of Nantucket, Nantucket. 
nine hundred dollars. 

For the salary of the judge for the county of Norfolk, Norfolk. 
four thousand dollars. 



8 



Acts, 1912. — Chap. 4. 



Plymouth. 



Suffolk. 



Worcester. 



Retired 
judges. 

Judges acting 
in other 
counties. 

Register, 
Barnstable. 

Berkshire. 



Bristol. 

Dukes 

County. 

Essex. 

Franklin. 

Hampden. 

Hampshire. 

Middlesex. 

Nantucket. 

Norfolk. 

Plymouth. 

Suffolk. 

Worcester. 

Assistant 

register, 

Barnstable. 

Berkshire. 
Bristol. 



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 Suffolk, 
twelve thousand dollars. 

For the salaries of the two judges for the county of 
Worcester, seventy-five hundred dollars. 

For the salaries of retired judges, a sum not exceeding five 
hundred dollars. 

For the compensation of judges acting in other counties 
than their own, a sum not exceeding fifteen hundred dollars. 

For" the salary of the register for the county of Barnstable, 
sixteen 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. 

For the salary of the register for the county of Franklin, 
sixteen hundred dollars. 

For the salary of the register for the county of Hampden, 
thirty-one hundred dollars. 

For the salary of the register for the county of Hampshire, 
sixteen hundred dollars. 

For the salary of the register for the county of Middlesex, 
four thousand dollars. 

For the salary of the register for the county of Nantucket, 
eight hundred dollars. 

For the salary of the register for the county of Norfolk, 
twenty-seven hundred dollars. 

For the salary of the register for the county of Plymouth, 
twenty-two hundred dollars. 

For the salary of the register for the county of Suffolk, 
five thousand dollars. 

For the salary of the register for the county of Worcester, 
thirty-five hundred dollars. 

For the salary of the assistant register for the county of 
Barnstable, five hundred and fifty dollars. 

For the salary of the assistant register for the county of 
Berkshire, nine hundred and fifty dollars. 

For the salary of the assistant register for the county of 
Bristol, twenty-three hundred dollars. 



Acts, 1912. — Chap. 4. 

For the salaries of the assistant registers for the county Essex. 
of Essex, forty-one hundred dollars. 

For the salary of the assistant register for the county of ^'^ankiin. 
Franklin, six hundred dollars. 

For the salary of the assistant register for the county of Han>pden. 
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 of Middlesex. 
Middlesex, seven thousand dollars. 

For the salary of Joseph R. McCoole, assistant register Norfolk. 
for the county of Norfolk, sixteen hundred and fifty dollars. 

For the salary of the assistant register for the county of •'^"ffoi^. 
Suffolk, twenty-eight hundred dollars. 

For the salary of the second assistant register for the Second 
county of Suffolk, twenty-eight hundred dollars. ^'''''^''*- 

For the salary of the assistant register for the county of Worcester. 
Worcester, twenty-three hundred dollars. 

For extra clerical assistance to the register for the county clerical 
of Barnstable, a sum not exceeding four hundred thirty- Barns'tabie. 
three dollars and thirty-four cents. 

For extra clerical assistance to the register for the county Berkshire, 
of Berkshire, a sum not exceeding six hundred dollars. 

For extra clerical assistance to the register for the county Bristol. 
of Bristol, a sum not exceeding three thousand sixty-six 
dollars and sixty-seven cents. 

For extra clerical assistance to the register for the county Dukes 
of Dukes County, a sum not exceeding two hundred sixty- **"'^'^- 
six dollars and sixty-seven cents. 

For extra clerical assistance to the register for the county Essex. 
of Essex, a sum not exceeding seven thousand sixteen dollars 
and sixty-seven cents. 

For extra clerical assistance to the register for the county Franklin, 
of Franklin, a sum not exceeding four hundred dollars. 

For extra clerical assistance to the register for the county Hampden. 
of Hampden, a sum not exceeding twenty-six hundred thirty- 
three dollars and thirty-three cents. 

For extra clerical assistance to the register for the county Hampshire, 
of Hampshire, a sum not exceeding six hundred dollars. 

For extra clerical assistance to the register for the county Middlesex, 
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 Nantucket. 
of Nantucket, a sum not exceeding three hundred dollars. 



10 



Acts, 1912. — Chap. 4. 



Norfolk. 

Plymouth. 

Suffolk. 
Worcester. 

Clerk, Suffolk. 



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 twenty-one hundred dol- 
lars. 

For extra clerical assistance to the register for the county 
of Suffolk, a sum not exceeding seventy-one hundred dollars. 

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 

district. 

Assistants. 



Deputy 

assistants. 



Northern 
district. 



Assistants. 



Eastern 
district. 



Assistant. 



Southeastern 
district. 



Assistant. 



Southern 
district. 



Assistant. 



Middle 
district. 



Assistant. 



Western 
district. 



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 dis- 
trict attorneys for the Suffolk district, eleven thousand four 
hundred dollars. 

For the salaries of the deputy assistants of the district 
attorney for the Suffolk district, thirty-six hundred dollars. 

For the salary of the district attorney for the northern 
district, four thousand dollars. 

For the salaries of the assistant district attorneys for the 
northern district, thirty-eight hundred dollars. 

For the salary of the district attorney for the eastern dis- 
trict, three thousand dollars. 

For the salary of the assistant district attorney for the 
eastern district, two thousand dollars. 

For the salary of the district attornc}' for the southeastern 
district, twenty-four hundred dollars. 

For the salary of the assistant district attorney for the 
southeastern district, sixteen hundred dollars. 

For the salary of the district attorney for the southern 
district, twenty-four hundred dollars. 

P^or the salary of the assistant district attorney for the 
southern district, sixteen hundred dollars. 

For the salary of the district attorney for the middle dis- 
trict, twenty-four hundred dollars. 

For the salary of the assistant district attorney for the 
middle district, sixteen hundred dollars. 

For the salary of the district attorney for the western dis- 
trict, twenty-four hundred dollars. 



Acts, 1912. — Chaps. 5, 6. 11 

For the salary of the district attorney for the northwestern Northweatem 
district, thirteen hundred and fifty dollars. '''^^"''*- 

For travelling ex])enses necessarily incurred by the district Travelling 
attorneys, except in the Suffolk district, a sum not exceeding 
fifteen hundred dollars. 

COMMISSION ON PROBATION. 

For expenses of the commission on probation, a sum not o°'"r'^,',|\\°on 
exceeding five thousand dollars. 

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

Approved January 26, 1912. 

An Act making appropriations for salaries and ex- nhnjy 5 

PENSES OF THE LAND COURT. 

Be it enacted, etc., as Jollmvs: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth co°urt'. ''^"'^ 
from the ordinary revenue, for the court of land registration, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit : — 

For the salary of the judge of the court, six thousand ■'"'^^®- 
dollars. 

For the salary of the associate judge of the court, six Associate 
thousand dollars. 

For the salary of the recorder of the court, forty-five hun- Recorder. 
dred dollars. 

For clerical assistance in the office of the court, a sum not clerical 

•1 n ^ 11111 assistance. 

exceeding eighty-five hundred dollars. 

For sheriffs' fees, advertising, surveying, examination of fggg"fjg 
titles, and sundry incidental expenses of the court, a sum 
not exceeding twenty-eight thousand dollars. 

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

Approved January 26, 1912. 

An Act to authorize the town of natick to incur in- (JIkuj a 
debtedness for a high school building. 

Be it enacted, etc., as follows: 

Section 1. The town of Natick, for the purpose of .^cSK, 
erecting, furnishing and equipping a high school building ^"t of 1912. 
in the Centre village, so-called, in that town, and for the 
purchase of land therefor, is hereby authorized to borrow 
money beyond its statutory limit of indebtedness, to an 



12 



Acts, 1912. — Chap. 7. 



Payment of 
loan. 



Time of 

taking effect. 



amount not exceeding one hundred and ten thousand dollars, 
and to issue notes or bonds therefor. Such notes or bonds 
shall bear on the face thereof the words, Natick High School 
Loan, Act of 1912, and also the words, exempt from taxation 
in Massachusetts, shall be payable at the expiration of 
periods not exceeding twenty years from the respective 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 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. The town shall also raise annually by 
taxation a sum which will be sufficient to pay the interest as 
it accrues on the notes or bonds issued under authority of 
this act. 

Section 3. This act shall take effect upon its acceptance 
by a majority of the voters of the town present and voting 
thereon at a meeting duly called for the purpose. 

Approved January 26, 1912. 



Chap. 7 An Act relative to clerical assistance in the office 

OF THE TREASURER AND RECEIVER GENERAL. 

Be it enacted, etc., as follows: 

Section 1. The treasurer and receiver general may 
expend annually a sum not exceeding forty-five hundred 
dollars for extra clerical assistance in his department. 

Section 2. So much of section four of chapter six of 
the Revised Laws as is inconsistent herewith is hereby re- 
pealed. 

Section 3. This act shall take effect upon its passage. 

Approved January 26, 1912. 



Clerical 
assistance. 



Repeal. 



tions. 



Acts, 1912. — Chap. 8. 13 



An Act making appropriations for salaries and ex- QfiQ^p g 

PENSES IN THE EXECUTIVE DEPARTMENT 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 commonwealth 
from the ordinary revenue, for salaries and expenses in the 
executive department, for the fiscal year ending on the 
thirtieth day of November, nineteen hundred and twelve, 
to wit : — 

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

For the salary of the lieutenant governor, two thousand Lieutenant 

. ni -i-i" 1 11 KO^Prnor 

dollars; and for salaries of the council, sixty-four hundred and council. 
dollars. 

For travelling expenses of the council, a sum not exceeding Travelling 

, 1 1 11 expenses. 

one thousand dollars. 

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

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

, , 1 1 II secretary. 

liundred dollars. 

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

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

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

For the salary of the assistant messenger, one thousand 4essen°er 
dollars. 

For contingent expenses, a sum not exceeding three Contingent 

, 1 1 n expenses. 

thousand dollars. 



For postage, printing and stationery, a sum not exceeding Postage, 

, 1 1 ] 1 11 printing, etc. 

twelve hundred dollars. 

For travelling and contingent expenses of the governor and J/pJ,^seJ)^etc. 
council, a sum not exceeding twenty-five hundred dollai-s. 

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

For payment of extraordinary expenses, to be expended Extraordinary 
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 atat'lrtM." 
exceeding five hundred dollars. 



14 



Acts, 1912. — Chap. 9. 



Arrest of 
fugitives. 



For expenses incurred in the arrest of fugitives from justice, 
a sum not exceeding one thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved January 26, 1912. 



Appropria- 
tions. 



Chap. 9 An Act making appropriations for salaries and expenses 

IN THE department OF THE TREASURER AND RECEIVER 
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 commonwealth 
from the ordinary revenue, for the department of the treas- 
urer and receiver general, for the fiscal year ending on the 
thirtieth day of November, nineteen hundred and twelve, 
to wit : — 

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

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

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

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

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

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

For the salary of the assistant paying teller, twelve hundred 
dollars. 

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

For the salary of the assistant bookkeeper, fifteen hundred 
dollars. 

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

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

For the salary of the record clerk, one thousand dollars. 

For the salary of the stenographer, nine hundred dollars. 

For the salary of the messenger, one thousand dollars. 

For such additional clerical assistance as may be necessary 
for the despatch of public business, a sum not exceeding 
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 general 
may find necessary in carrying out the provisions of the 



Treasurer and 

receiver 

general. 

First clerk. 
Second clerk. 



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. 



Acts, 1912. — Chap. 10. 15 

act imposing a tax on collateral legacies and successions, a 
sum not exceeding one thousand dollars. 
Section 2. This act shall take effect upon its passage. 
Api^roved January 26, 1912. 



An Act making appropriations for salaries and ex- z^/,^^ in 
penses in the department of the secretary of the ^ * 
commonwealth. 

Be it enacted, etc., as follows: 

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

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

For the salary of the first dejDuty, twenty-five hundred First deputy. 
dollars. 

For the salary of Herbert II. Boynton, deputy, three second 
thousand dollars. ^"p"'^- 

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

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

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

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

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

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

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

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

For furnishing cities and towns with ballot boxes and for Baiiot boxes. 
repairs to the same, a sum not exceeding one thousand dol- *^'''' 
lars. 



16 



Acts, 1912. — Chap. 11. 



Counting 
apparatus. 



Regimental 
histories. 



Town records 
of births, etc. 



For the purchase of apparatus to be used at polHng 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 volunteers 
who served in the civil war, a sum not exceeding one thou- 
sand dollars. 

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

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

Approved January 26, 1912. 



Chap. 11 An Act making appropriations for salaries and ex- 
penses IN the department of the auditor of the 
commonwealth. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the auditor's department, for 
the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit : — 

For the salary of the auditor, five thousand dollars. 

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

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

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

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

For additional clerks, examiners and stenographers, a 
sum not exceeding fourteen thousand dollai-s. 

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 thirty-five hundred dollars. 

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

Approved January 26, 1912. 



Apprppria 
tions. 



Auditor. 



Deputy 
auditor. 



Supervisor 
of accounts 

First clerk. 



Second clerk. 



Additional 
clerks, etc. 

Messenger, 

Printing 
expert. 

Expenses. 



Acts, 1912. — Chaps. 12, 13. 17 



An Act making appropriations for salaries and ex- QjiQ^^y ]^2 

PENSES IN THE DEPARTMENT OF THE ATTORNEY-GENERAL. 

Be it enacted, etc., as follows: 

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

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

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

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

Approved January 26, 1912. 

An Act relative to the payment of members of the Chap. 13 

GENERAL COURT. 

Be it enacted, etc., as follows: 

Section 1. Section ten of chapter three of the Revised ^" ^;^ ^nJ/^'d 
Laws, as amended by chapter one hundred and sixty-three 
of the acts of the year nineteen hundred and seven, is hereby 
further amended by inserting after the word "hundred", 
in the second and ninth lines, respectively, the words: — 
and fifty, — so as to read as follows: — Section 10. Each Payments of 
member of the general court shall be entitled to be paid one the general 
hundred and fifty dollars on account at the end of each 
month; but such monthly payments shall not exceed, in the 
aggregate, the compensation of the member for the annual 
session; and a member may, under such regulations as the 
treasurer and receiver general shall prescribe, be paid twice 
in any month to an amount not exceeding the proportion then 
due at the rate of one hundred and fifty dollars monthly. 

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

Approved January 26, 1912. 



court. 



\\ 



18 



Acts, 1912. — Chaps. 14, 15, 16. 



Chap. 14 An Act making an appropriation for expenses in con- 
nection WITH THE ESTABLISHMENT OF LIFE INSURANCE 
departments by SAVINGS BANKS. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding fifteen thousand dol- 
lars is hereby appropriated, to be paid out of the treasury of 
the commonwealth from the ordinary revenue, for salaries 
and expenses in connection with the establishment of life 
insurance departments by savings banks for the fiscal year 
ending on the thirtieth day of November, nineteen hundred 
and twelve. 

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

Approved January 27, 1912. 



Appropria- 
tion, life 
insurance 
departments 
in savings 
banks. 



Appropria- 
tions. 



Chap. 15 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 commonwealth 
from the ordinary revenue, for salaries and expenses in the 
department of the bank commissioner, for the fiscal year 
ending on the thirtieth day of November, nineteen hundred 
and twelve, to wit : — 

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

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

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

Approved January 27, 1912. 

Chap. 16 An Act making appropriations for the compensation 

AND expenses OF THE BALLOT LAW COMMISSION. 



Bank com- 
missioner. 

Deputy. 



Examiners, 
clerks, etc. 

Printing, 

stationery, 

etc. 

Annual 

reports. 



Appropria- 
tions. 



Be it enacted, etc., as follows: 

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



Acts, 1912. — Chap. 17. I 19 

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

For compensation of the commissioners, a sum not exceed- fonlmissi^n- 
ing fifteen hundred dollars. ^rs. 

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

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

Approved January 27, 1912. 

An Act relative to bringing suits for the recovery of (Jhav 17 

UNPAID CHARGES FOR THE SUPPORT OF INMATES OF STATE 
SANATORIUMS. 

Be it enacted, etc., as follows: 

amended 



Section 1. Section ten of chapter four hundred and '^"^M^M '"• 



seventy-four of the acts of the year nineteen hvmdred and 
seven is hereby amended by striking out all after the word 
"sanatorium", in the sixteenth line, to and including the 
word "laws", in the seventeenth line, and inserting in place 
thereof the words : — The attorney-general shall upon re- 
quest of the board of trustees bring action therefor in the 
name of the treasurer and receiver general, — so as to read 
as follows: — Section 10. The charges for the support of ^J^fjorfof' 
each inmate in a state sanatorium shall be four dollars a week, *"^g*an°^ 
and shall be paid quarterly. Such charges for those not toriums. 
having known settlements in the commonwealth shall be 
paid l)y the commonwealth, and may afterward be recovered 
by the treasurer and receiver general of the patients, if they 
are able to pay, or of any person or kindred bound by law to 
maintain them, or of the place of their settlement sub- 
sequently ascertained; but for those having known settle- 
ments in this commonwealth, the charges shall be paid either 
by the persons bound to pay them, or by the place in which 
such inmates had their settlement, unless security to the 
satisfaction of the trustees is given for their support. If 
any person or place refuses or neglects to pay such charges 
the treasurer and receiver general may recover the same to 
the use of the sanatorium. The attorney-general shall upon 
request of the board of trustees bring action therefor in the 
name of the treasurer and receiver general. A city or town 
which pays the charges for the support of an inmate of a 
state sanatorium shall have like rights and remedies to recover 
the amount thereof, with interest and costs, from the place 



\C 



20 



Acts, 1912. — Chap. 18. 



of his settlement or from such person of sufficient abihty, or 
from any person bound by law to maintain him, as if such 
charges had been incurred in the ordinary support of such 
inmate. 
Section 2. This act shall take effect upon its passage. 

Approved January 30, 1912. 



Chap. 18 An Act making appropriations for purchasing paper, 

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

Be it enacted, etc., as follows: 

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

For printing and binding public documents, a sum not 
exceeding twenty-four thousand dollars. 

For printing the pamphlet edition of the acts and resolves 
of the present year, a sum not exceeding seventy-five hun- 
dred dollars. 

For printing and binding the blue book edition of the 
acts and resolves of the present year, twelve thousand dollars. 

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

For reports of decisions of the supreme judicial court, a 
sum not exceeding two thousand dollars. 

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

For registration books and blanks, indexing returns and 
editing registration report, a sum not exceeding five thousand 
dollars. 

For printing and distributing ballots, a sum not exceeding 
twelve thousand dollars. 

For expenses in connection with primary elections, a sum 
not exceeding thirty thousand dollars. 

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

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

Approved January 30, 1912. 



Appropria- 
tions. 



Public 
documenta. 

Pamphlet 
edition of 
acts, etc. 



Blue book. 



Publication 
of laws. 



Reports of 
decisions, etc. 



Purchase of 
paper. 



Registration 
books, etc. 



Printing, etc., 
ballots. 



Primary 
elections. 

Blanks for 
town 
officers, etc. 



Acts, 1912. — Chaps. • 19, 20. 21 



An Act making appropriations for salaries and ex- qJi^jj jg 

PENSES IN THE DEPARTMENT OF THE INSURANCE COM- 
MISSIONER. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth 
from tlie ordinary revenue, for salaries and expenses in the 
department of the insurance commissioner, for the fiscal year 
ending on the thirtieth day of November, nineteen hundred 
and twelve, to wit : — 

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

For the salary of the deputy commissioner, thirty-five Deputy, 
hundred dollars. 

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

For the salary of the actuary, twenty-five hundred dollars. Actuary. 

For the salary of the assistant actuary, fifteen hundred ^^^^^^^^ 
dollars. 

For the salary of the chief clerk, twenty-five hundred dol- chief clerk. 
lars. 

P^or additional clerks and assistants, a sum not exceeding Additional 
forty-one thousand eight hundred dollars. 

For incidental and contingent expenses, a sinn not exceed- Expenses. 
ing eleven thousand dollars. 

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

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

Approved January 30, 1912. 



An Act making appropriations for the compensation nhn^ 20 

AND expenses OF THE CIVIL SERVICE COMMISSION. 

Be it enacted, etc., as follows: 

Section 1, The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth *^"*°^" 
from the ordinary revenue, for the compensation and ex- 
penses of the civil service commission, for the fiscal year 
ending on the thirtieth day of November, nineteen hundred 
and twelve, to wit: — 

For the salaries of the commissioners, sixty-five hundred ^'^mlssLn- 
dollars. "«• 

For the salary of the chief examiner, three thousand dol- ^xa'miner. 
lars. 



22 



Acts, 1912. — Chaps. 21, 22. 



Deputy 
examiner. 

Secretary. 

Physical 

inspector. 



Registrar of 
labor. 



Clerical 
assistance, etc. 



For the salary of the deputy examiner, a sum not exceeding 
twenty-five hundred dollars. 

For the salary of the secretary, three thousand dollars. 

For the salary of the physical inspector, a sum not exceed- 
ing twenty-five hundred dollars. 

For the salary of the registrar of labor, two thousand dol- 
lars. 

For clerical assistance and for office, printing, travelling 
and incidental expenses, adv^ertising and stationery, including 
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. 

Ayiiroved January SO, 1912. 



Chap. 21 An Act making appropriations for salaries and ex- 
penses OF THE STATE BOARD OF CONCILIATION AND 
ARBITRATION. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the salaries and expenses of 
the state board of conciliation and arbitration, for the fiscal 
year ending on the thirtieth day of November, nineteen hun- 
dred and twelve, to wit : — 

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

For the salary of the secretary, fifteen hundred dollars. 

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

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

Ayyroved January 30, 1912. 



Appropria- 
tions, 
board of 
conciliation 
and 
arbitration. 



Salaries of 
members. 



Secretary. 
Expenses. 



Chap. 22 An Act making appropriations for salaries and ex- 
penses in the office of the controller of county 
accounts. 

Be it enacted, etc., as follows: 

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



Appropria 
tions. 



Acts, 1912. — Chaps. 23, 24. 23 

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

For the salary of the controller, twenty-five hundred dol- ^oTnr""'^''^ 

larS. accounts. 

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

For the salary of the second deputy, fifteen hundred dollars. Second 

For the salary of the third deputy, twelve hundred dollars. Third^deputy. 

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

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

Approved Jcmnary 30, 1912. 

An Act to authorize the trustees of the cushing Chav 23 

ACADEMY TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The corporation known as the Trustees Trustees of the 
of the Cushing Academy is hereby authorized for the purposes Acad"nfy may 
set forth in its act of incorporation, being chapter two hun- peJ-somTi' '^'^'^ 
dred and sixty-five of the acts of the year eighteen hundred ''*'^^'*^- 
and sixty-five, to hold real and personal estate to an amount 
which, together with the amount heretofore authorized by 
law, shall not exceed one million dollars. 

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

Approved January 30, 1912. 



An Act relative to the use of concrete for boundary Chap. 24 

MARKS OF PUBLIC WAYS. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and four of chapter R. l. 48. § io4. 
forty-eight of the Revised Laws is hereby amended by in- ^'"''° 
serting after the word "stone", in the fourth line, the words: 
— or of Portland cement or other concrete, — and also after 
the word "stone", in the seventh line, the words: — or 
Portland cement or other concrete, — so as to read as fol- 
lows: — Section IO4. The county commissioners, mayor and ^J^*^°ry°^ 
aldermen, selectmen or road commissioners, shall cause per- monuments. 
manent bounds to be erected at the termini and angles 
of all ways laid out by them. Such bounds shall be of stone, 



24 Acts, 1912. — Chaps. 25, 26. 

or of Portland cement or other concrete, not less than three 
feet long, two feet of which at least shall be set in the ground, 
or of stone not less than three feet long with holes drilled 
therein and filled with lead placed a few inches below the 
travelled part of the way, or if stone or Portland cement or 
other concrete bounds are impracticable, a heap of stones, a 
living tree, a permanent rock, or the corner of an edifice, as 
said officers may determine. If they neglect to establish 
such monuments after being notified so to do by an owner of 
land abutting on such way, the county or city if it is a high- 
way or street or the town if it is a town way, shall forfeit 
to him fifty dollars for each month during which such neglect 
continues. 

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

Aypromd January 30, 1912. 



Chap. 25 An Act relative to the state election in the year 

NINETEEN HUNDRED AND ELEVEN IN THE TOWN OF WARE. 

Be it enacted, etc., as follows: 

Tt^^atf"*^^ Section 1. The election held in the town of Ware on 

election the scvcuth day of November, in the year nineteen hundred 

and eleven, being the state election, is hereby ratified and 
made valid, notwithstanding the fact of any informality in 
the time or manner of posting the warrant calling for the 
election in the said town. 
Section 2. This act shall take effect upon its passage. 

Approved January 30, 1912. 

Chap. 26 An Act making an appropriation for the publication of 

A record of MASSACHUSETTS SOLDIERS AND SAILORS WHO 
SERVED IN THE WAR OF THE REBELLION. 

Be it enacted, etc., a^ follows: 
Appropria- SECTION 1. The sum of twelve thousand dollars is hereby 

M^ssachLetts appropriated, to be paid out of the treasury of the common- 
Boidiers, etc. wealth from the ordinary revenue, for expenses in connection 
with the publication of a record of Massachusetts troops and 
officers, sailors and marines in the war of the rebellion, for 
the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve. 
Section 2. This act shall take effect upon its passage. 

Approved January 30, 1912. 



Acts, 1912. — Chaps. 27, 28. 25 



An Act making appropriations for sundry miscel- Chav 27 

LANEOUS 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 commonweahh *'°'^*' 
from the ordinary revenue, for the purposes specified, for the 
fiscal year ending on the thirtieth day of November, nineteen 
hundred and twelve, to wit: — 

For expenses incurred in the construction and repair of Repair of roada 

i-i p-i\ri 1* 1 • "^ Mashpee. 

roads m the town of Mashpee durmg the year nmeteen 
hundred and twelve, the sum of three hundred dollars. 

For reimbursing certain officials for premiums paid for Reimburse- 
procuring sureties on their bonds, a sum not exceeding two certain"^ 

thousand dollars. expenses. 

For preliminary plans, specifications and estimates, pro- Plans, 
vided for by the act relative to the construction and im- ^t^'''''<^»^'°'»»' 
provement of buildings at certain institutions, a sum not 
exceeding two thousand dollars. 

P'or medical examiners' fees, a sum not exceeding seven Medical 

1 1 1 1 11 examiners' 

■hundred dollars. fees. 



For the payment of damages caused by wild deer for the Damages 

, ' 1 « • * . 1. caused by 

present year and tor previous years, a sum not exceedmg wild deer, 
ten thousand dollars. 

For small items of expenditure for which no appropria- S'naii items 
tions have been made, and for cases in which appropriations penditure. 
have been exhausted or have reverted to the commonwealth 
in previous years, a sum not exceeding one thousand dollars, 
to be expended under the direction of the auditor of the 
commonwealth. 

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

Approved January 30, 1912. 

An Act making appropriations for the expenses of Chav. 28 

THE BOARD OF FREE PUBLIC LIBRARY COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth o'tTree public 
from the ordinary revenue, for the expenses of the board of misaio^ners"' 
free public library commissioners, for the fiscal year ending 
on the thirtieth day of November, nineteen hundred and 
twelve, to wit: — 



26 



Acts, 1912. — Chaps. 29, 30. 



Agent. 



Free public 
libraries. 



Clerical 

assislanee, 

etc. 

Annual report. 



For the salary of the agent of said commissioners, the 
sum of sixteen hundred dollars. 

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

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

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

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

Apyromd January 30, 1912. 

Chap. 29 An Act making appropriations for salaries and ex- 
penses IN the state library. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the state library, for the 
fiscal year ending on the thirtieth day of November, nine- 
teen hundred and twelve, to wit : — 

For the salary of the librarian, four thousand dollars. 

For books, binding, cataloguing and indexing, a sum 
not exceeding ten thousand dollars. 

For clerical services, for the accommodation of visitors and 
for any other service required for the care, maintenance and 
working of the library, a sum not exceeding eleven thousand 
and ten dollars. 

For incidental expenses, including the printing and bind- 
ing of the annual report, a sum not exceeding twenty-five 
hundred dollars. 

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

Approved January SO, 1912. 

Chap, 30 An Act making appropriations for sundry sinking 

FUNDS AND SERIAL BONDS. 

Be it enacted, etc., as follows: 

Section 1. The sum of four hundred six thousand two 
hundred forty-six dollars and thirty-four cents is hereby 
appropriated, to be paid out of the treasury of the com- 
monwealth from the ordinary revenue, for the benefit of the 
following sinking funds, to wit: — 

For the Armory Loan Sinking Fund, the sum of thirty- 
seven thousand nine hundred and twenty-two dollars. 



Appropria- 
tiona, state 
library. 



Librarian. 
Books, etc. 



Clerical 
services, etc. 



Incidental 
expenses. 



Appropria- 
tions. 



Armory Loan 

Sinking 

Fun.I. 



Acts, 1912. — Chap. 31. 27 

For the Harbor Improvement Loan Sinking Fund, the Harbor 
sum of two hunch-ed and thirty-eight dollars. i^aTsin'krng 

For the Medfield Insane Asylum Loan Sinking Fund, the ^"°''- 
sum of seventeen thousand five hundred and twelve dollars, sane Asylum 

For the IVIetropolitan Parks Loan Sinking Fund, boule- Fund.''" '"^ 
yards, one half, the sum of thirtv thousand seven hundred Metropolitan 

. "^ Parks Loan 

and twenty-eight dollars. sinking Fund. 

For the Prisons and Hospitals Loan Sinking Fund, the Prisons and 
sum of seventv-eight thousand three hundred and fifty- Wn sinking 
three dollars. ^"■^'^• 

For the State Highway Loan Sinking Fund, the sum of la^y^L^rln^' 
forty-nine thousand three hundred and twenty-seven dollars, '"^'nking Fund. 

For the State House Loan Sinking Fund, the sum of f^^H^^^^g 
fifty-three thousand eight hundred and thirty-three dollars. ^""'^• 

SERIAL BOKDS. 

For Suffolk County Court House, due JMarch first and county court 
September first, nineteen hundred and twelve, ten thousand ^o^^Jg ^''"'*' 
three hundred thirty-three dollars and thirty-four cents. 

For State Highway, due April first and October first, state Highway 
nineteen hundred and twelve, eighty-six thousand dollars. 

For Abolition of Grade Crossings, due November first, Abolition of 
nineteen hundred and twelve, se^'enteen thousand dollars. ing^sseriaP' 

For Armories, due September first, nineteen hundred and Armories 
twelve, thirteen thousand dollars, serial bonds. 

For Prisons and Hospitals, due November first, nineteen Prisons and 
hundred and twelve, tw^elve thousand dollars. bounds!'* 

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

Ajjproved January 30, 1912. 



An Act to authorize the northern baptist education Chav 31 

SOCIETY to hold ITS ANNUAL MEETINGS OUTSIDE THE 
COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. The Northern Baptist Education Society, Holding of 
incorporated by chapter eighty-five of the acts of the year meetings. 
eighteen hundred and thirty, is hereby authorized to hold 
its annual meetings, when it shall be deemed necessary by 
its board of directors, in the state of New Hampshire or in 
the state of Vermont. 

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

Approved Jamiary 31, 1912. 



28 



Acts, 1912. — Chaps. 32, 33. 



Provincial 
state house. 



Chap. 32 An Act making an appropriation for the maintenance 
OF the old provincial state house in the city of 

BOSTON. 

Be it enacted, etc., as jollows: 

Section 1. The sum of fifteen hundred dollars is hereby 
appropriated, to be paid out of the treasury of the com- 
monwealth from the ordinary revenue, toward the main- 
tenance of the old provincial state house in the city of Boston, 
during the present fiscal year, as provided for by chapter 
two hundred and ninety-eight of the acts of the j-ear nine- 
teen hundred and ten. 

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

Ajyproved January 31, 1912. 



Appropria- 
tions. 



State and 
military aid. 



Chap. 33 An Act making appropriations for payment of state 
and military aid and expenses in connection there- 
with. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinar}^ revenue, for the purposes specified, for 
the fiscal year ending on the thirtieth day of November, nine- 
teen hundred and twelve, to wit: — 

For repayment to cities and towns of money paid on ac- 
count of state and military aid to Massachusetts volunteers 
and their families, a sum not exceeding eight hundred and 
two thousand dollars, the same to be paid on or before the 
fifteenth day of November in the year nineteen hundred 
and twelve. 

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 dollars. 

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 fifty- 
seven dollars and fifty cents. 

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

Approved January 31, 1912, 



Commissioner 
of state aid, 
etc. 

Deputy. 



Agents. 

Bookkeeper. 

Clerks. 

Expenses. 



Acts, 1912. — Chaps. 34, 35, 36. 29 



An Act making an appropriation for the payment of Chav. 34 

INTEREST ON THE DIRECT DEBT AND TEMPORARY LOANS OF 
THE COMMONTi'EALTH. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one million three Payment of 
hundred and ten thousand dollars is hereby appropriated, to diroct'debt, 
be paid out of the treasury of the commonwealth, for the ^^^' 
purpose of meeting the interest on the direct debt of the com- 
monwealth, also on temporary loans, as provided for by 
article eleven of section one of chapter two of the constitution 
of Massachusetts, the same being the estimate of the treas- 
urer and receiver general. 

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

Approved January 31, 1912. 

An Act making an appropriation for the reimbursement (jj^g^y 35 

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-eight thousand dollars is Reimburse- 
hereby appropriated, to be paid out of the treasury of the "nd" to'^wns'lor 
commonwealth from the ordinary revenue, for the purpose 'o-^ of t^^-^es. 
of reimbursing cities and towns for loss of taxes on land used 
for public institutions, during the fiscal year ending November 
thirtieth, nineteen hundred and twelve, as provided for by 
chapter six hundred and seven of the acts of the year nine- 
teen hundred and ten. 

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

Approved January 31, 1912. 

An Act making appropriations for salaries and ex- QJidj) 35 
penses in the department of the commissioner of 
weights and measures. 

Be it enacted, etc., as follows: 

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



30 



Acts, 1912. — Chaps. 37, 38. 



Commissioner 
of weights aud 
measures. 
Inspectors. 
Clerical 
services, etc. 



For the salary of the commissioner, two thousand dollars. 
For the salaries of inspectors, seventy-two hundred dollars. 
For clerical services, travel and contingent office expenses, 
a sum not exceeding seventy-four hundred and eighty dollars. 
Section 2. This act shall take effect upon its passage. 

Aijproved January 31, 1912. 



Chap. 37 An Act making an appropriation for the Massachusetts 

STATE firemen's ASSOCIATION. 

Be it enacted, etc., as follows: 

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

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

Approved January 31, 1912. 



Massachusetts 
State Fire- 
men's Asso- 
ciation. 



Claims on 
account of 
death of 
firemen. 



Chap. 38 An Act making an appropriation for the payment of 

CLAIMS ARISING FROM THE DEATH OF FIREMEN KILLED OR 
INJURED IN THE DISCHARGE OF THEIR DUTIES. 

Be it enacted, etc., as follows: 

Section 1. The sum of ten thousand dollars is hereby 
appropriated, to be paid out of the treasury of the common- 
wealth, as authorized by section seventy-seven of chapter 
thirty-two of the Revised Laws, for the payment of such 
claims as may arise in consequence of the death of firemen 
belonging to the regularly organized fire department of a 
city or town, or of members in active service of any incor- 
porated protective department, or of any person doing duty 
at the request of or by order of the authorities of a town 
which has no organized fire department, who are killed or 
who die from injuries received while in the discharge of their 
duties at fires, during the fiscal year ending on the thirtieth 
day of November, nineteen hundred and twelve. 

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

Approved January 31, 1912. 



Acts, 1912. — Chaps. 39, 40, 41. 31 



An Act making appropriations for the salary and ex- (JJku) 39 
PENSEs of the commissioner of public records. 

Be it enacted, etc., as fulloivs: 

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 salary and expenses of the 
commissioner of public records, for the fiscal year ending 
on the thirtieth day of November, nineteen hundred and 
twelve, to wit : — 

For the salary of the commissioner, twenty-five hundred ofTubifc'""'"' 

dollars. records. 

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

For the purchase of ink for public records, a sum not ex- Purchase of 
ceeding four hundred dollars. 

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

Apiyrovcd January 31, 1912. 

An Act to authorize the city library association of Chan. 40 

SPRINGFIELD TO HOLD ADDITIONAL REAL AND PERSONAL 
ESTATE. 

Be it enacted, etc., as jollows: 

Section 1. The City Library Association of Springfield "^uJlionof 
is hereby authorized to hold real and personal estate for the '"^pringfiew 

... » • . may liold real 

purposes named m its act of mcorporation, chapter one »"f' personal 
hundred and forty-two of the acts of the year eighteen hun- 
dred and sixty-four, to an amount not exceeding three million 
dollars, exclusive of its library, art and science buildings and 
of the books and collections of natural history and works of 
art in its library and museum buildings. 

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

Ap2>roved January 31, 1912. 

An Act relative to filling vacancies in the office of Chap. 41 

TRUSTEES OF THE PROPRIETORS OF THE CEMETERY OF 
MOUNT AUBURN. 

Be it enacted, etc., as follows: 

Section 1. The trustees of the Proprietors of the Ceme- Fining of 
tery of Mount Auburn shall have power to fill for the un- the offilfo^o" 

trustees, etc. 



32 



Acts, 1912. — Chaps. 42, 43. 



Proviso. 



expired term any vacancy or vacancies in their number. All 
trustees shall hold office for the term for which they are 
elected, and until others are chosen in their place: provided, 
however, that no trustee shall hold such office if he ceases to 
be a member of the said corporation and no longer has a 
right of burial in any lot in the said cemetery. 

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

Approved January 31, 1012. 



Chap. 42 An Act making an appropriation for expenses of the 

MASSACHUSETTS EMPLOYEES INSURANCE ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding fifteen thousand dollars 
is hereby appropriated, to be paid out of the treasury of the 
commonwealth from the ordinary revenue, for expenses in 
connection with the Massachusetts Employees Insurance 
Association for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and twelve. 

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

Approved January 31, 1912. 



Massachusetts 
Employees 
Insurance As- 
sociation. 



Chap. 43 An Act making appropriations for salaries and ex- 
penses IN THE DEPARTMENT OF THE STATE BOARD OF 
HEALTH. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for salaries and expenses of the 
state board of health, for the fiscal year ending on the thirtieth 
day of November, nineteen hundred and twelve, to wit : — 

For the salary of the secretary, five thousand dollars. 

For the general work of the board, including travelling ex- 
penses, a sum not exceeding twenty-six thousand five hundred 
dollars. 

For salaries and expenses in the inspection of milk, food 
and drugs, a sum not exceeding seventeen thousand five 
hundred dollars. 

For expenses in the examination of sewer outlets, a sum 
not exceeding fourteen thousand dollars. 

For expenses in the production and distribution of anti- 
toxin and vaccine lymph, a sum not exceeding twenty 
thousand dollars. 



Appropria- 
tions, board of 
health. 



Secretary. 

Work of the 
board, etc. 



Inspection of 
milk. 



Examination 
of sewer 
outlets. 

Antitoxin 
and vaccine 
lymph. 



Acts, 1912. — Chap. 44. 33 

For printing and binding the annual report, a sum not ex- Annual 
ceeding five thousand dollars. 

For services of engineers, chemists, biologists and other Engineers, 
assistants, and for other expenses in protecting the purity of *" ^""^' 
inland waters, a sum not exceeding thirty-six thousand 
dollars. 

For salaries and expenses of the inspectors of health, a inspectors of 
sum not exceeding thirty-eight thousand eight hundred dol- 
lars. 

For expenses in connection with the watershed of the Watershed of 
Charles river basin in the city of Boston, a sum not exceeding river basin. 
eighteen hundred dollars. 

For compensation and expenses of the state examiners of of^'phlmb^rs. 
plumbers, a sum not exceeding fifty-one hundred dollars. 

For expenses in connection with carrying out the pro- Pretention of 
visions of the act relative to the prevention of ophthalmia neonatorum. 
neonatorum, a sum not exceeding one thousand dollars. 

For expenses in connection with slaughtering and meat in- ^J^^^^^^^p^' 
spection, a sum not exceeding five thousand dollars. 

For expenses in connection with the supervision of water Supervision 

. , . 11111 °' ^ater 

companies, a sum not exceeding one thousand dollars. companies. 

For expenses in connection with the examination of the sanitary 
sanitary condition of the INIerrimac river, a sum not exceed- theMerrimac 
ing one thousand dollars. ''^ *"^" 

For expenses in connection with the protection of the Protection of 
public health along the valley of the Aberjona river, a sum health, etc. 
not exceeding one thousand dollars. 

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

Aiyproved January 31, 1912. 

An Act making appropriations for the compensation Chap. 44 

OF certain VETEKiNS AND PRISON OFFICERS WHO HAVE 
RETIRED FROM THE SERVICE OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

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

For the compensation of certain veterans of the ci\il war Retired 
formerly in the service of the commonwealth and now re- 
tired from that service, a sum not exceeding fifty thousand 
dollars. 



34 



Acts, 1912. — Chap. 45. 



Retired 

prison 

officers. 



For the compensation of certain prison oiRcers formerly 
in the service of the commonwealth and now retired, a sum 
not exceeding sixty-five hundred dollars. 

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

Approved January 31, 1912. 



1910, 616, 
amended. 



§2. 



Chap. 45 An Act to define further the authority of the di- 
rector OF THE BUREAU OF STATISTICS RELATIVE TO THE 
CERTIFICATION OF TOWN NOTES. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter six hundred and 
sixteen of the acts of the year nineteen hundred and ten is 
hereby amended by adding at the end thereof the words: — 
except that said director, under such regulations as he may 
prescribe and if so authorized by a town treasurer with 
the approval of the selectmen, may deliver a certified note to 
the payee thereof: provided, hoicever, that said director shall 
not certify any note as provided for in this act if it shall 
appear that the provisions of law relating to municipal in- 
debtedness in the making of said note have not been properly 
complied with, nor shall he certify any note payable on 
demand, — so that the last sentence of said section two 
will read as follows : — If upon examination said director finds 
that the note appears to have been duly issued in accordance 
with the vote of the town, and to have been signed by the 
duly qualified officials thereof, as herein provided, he shall 
so certify, and the director shall thereupon return the note 
by registered mail to the treasurer of the town, except that 
said director, under such regulations as he may prescribe 
and if so authorized by a town treasurer with the approval 
of the selectmen, may deliver a certified note to the payee 
thereof: provided, hoivever, that said director shall not certify 
any note as provided for in this act if it shall appear that the 
provisions of law relating to municipal indebtedness in the 
making of said note have not been properly complied with, 
nor shall he certify any note payable on demand. 

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

Approved February 5, 1912. 



Issue of notes, 
by towns, etc. 



Proviso. 



Acts, 1912. — Chaps. 46, 47, 48. 35 



An Act relative to the salaries and expenses of the (J^ku) 4g 

DIRECTORS OF THE PORT OF BOSTON. 

Be it enacted, etc., as j allows: 

Section 1 . The unexpended balance of the appropriation Directors of 
provided for in chapter seven hundred and fifty-six of the ijosuTn!"^ 
acts of the year nineteen hundred and eleven, as authorized 
by chapter seven hundred and forty-eight of the acts of the 
same year, is hereby made available for the salaries and 
expenses of the directors of the port of Boston for the fiscal 
year ending on the thirtieth day of November, nineteen hun- 
dred and twelve. * 

Section 2. The salaries and expenses of the directors of salaries, etc. 
the port of Boston payable prior to the passage of this act 
shall be charged to the appropriation provided for in section 
one of this act. 

Section 3. This act shall take effect upon its passage. 

Apyroved February 5, 1912. 

An Act making an appropriation for the care and main- (Jjiqjj 47 
tenance of boulevards and parkways in charge of 
the metropolitan park commission. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one hundred eighty- Appropria- 
nine thousand four hundred and eighty-three dollars is ofTouievards 
hereby appropriated, for the care and maintenance of boule- ^"'^ parkways. 
vards and parkways in charge of the metropolitan park 
commission during the fiscal year ending on the thirtieth 
day of November, nineteen hundred and twelve, one half 
of this amount to be paid out of the current revenue, and the 
other half to be assessed upon the metropolitan district, as 
authorized by chapter four hundred and nineteen of the 
acts of the year eighteen hundred and ninety-nine. 

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

Ajyproved February 5, 1912. 

An Act making an appropriation to cover subsidies to (jfiQ^jj 48 
cities and towns for establishing and maintaining 
tuberculosis hospitals. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding twelve thousand six Establishment 
hundred forty-eight dollars and ninety-five cents is hereby tenance'of 



36 



Acts, 1912. — Chap. 49. 



hos^iS's"^'^ appropriated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, to certain cities and towns 
for amounts to which they are entitled for subsidies to cover 
the period ending November thirtieth, nineteen hundred 
and eleven. 
Section 2. This act shall take effect upon its passage. 

Approved February 5, 1912. 



1910, 616, 
amended, 



§4, 



Chap. 49 An Act relative to refunding certain fees under the 

LAW RELATIVE TO THE ISSUING OF NOTES BY TOWNS. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter six hundred and 
sixteen of the acts of the year nineteen hundred and ten 
is hereby amended by striking out the words "and shall 
turn over monthly to the treasurer of the commonwealth 
all such fees", in the third and fourth lines, and inserting in 
place thereof the words : — but he is authorized to refund 
any fee collected in case a note for certification is cancelled 
before money is obtained thereon, and he shall turn over 
monthly to the treasurer of the commonwealth all fees col- 
lected, less the amount of refunds; and the treasurer and 
receiver general is authorized to refund the amount of any 
fee deposited with him by said director for the certification of 
any note which may be cancelled before money is obtained 
thereon, — so as to read as follows: — Section 4- The 
director of the bureau of statistics shall establish a reasonable 
fee to be charged for every note certified ; but he is authorized 
to refund any fee collected in case a note for certification is 
cancelled before money is obtained thereon, and he shall 
turn over monthly to the treasurer of the commonwealth 
all fees collected, less the amount of refunds; and the treas- 
urer and receiver general is authorized to refund the amount 
of any fee deposited with him by said director for the certi- 
fication of any note which may be cancelled before money is 
obtained thereon. 

Section 2. The action of the director of the bureau of 
statistics in refunding fees collected for the certification of 
town notes in certain cases prior to the passage of this act is 
hereby ratified. 

Section 3. This act shall take effect upon its passage. 

A-pyroved Fehrnary 5, 1912. 



Fees for 
certification 
of town notes. 



Refund in 
certain cases 
ratified. 



Acts, 1912. — Chaps. 50, 51. 37 



An Act making appropriations for salaries and ex- (Jj^^^jj 5q 
penses in the department of the tax commissioner 
and commissioner of corporations. 

Be it enacted, etc., as follows: 

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

For the salary of the tax commissioner and commissioner Tax com- 

■ , • £ J.1 1111 missioner, etc. 

ot corporations, nve thousand dollars. 

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

For the salaries of the three assistants, seven thousand -^s^'stants. 
dollars. 

For the salary of the first clerk, twenty-two hundred ^'^tcierk. 
dollars. 

For the salary of the second clerk, fifteen hundred dollars. Second cierk. 

For the salaries of the supervisors of assessors, six thousand ^"pervisore. 
dollars. 

For additional clerical assistance, a sum not exceeding clerical 

n , /-> .1 1111 assistance. 

lorty-nve thousand dollars. 

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

For travelling expenses of the commissioner and his deputy. Travelling ex- 
and for travelling and other expenses of the supervisors of ^^"'"^^' 
assessors, a sum not exceeding thirty-two hundred dollars. 

For valuation books for assessors of cities and towns, a valuation 
sum not exceeding one thousand dollars. °^ ^' 

For printing and binding the annual report and the table Annual 
of aggregates, including lists of corporations for the use of '■''^"• 
assessors, a sum not exceeding nineteen hundred dollars. 

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

Apyroted February 5, 1912. 

An Act to authorize wheaton female seminary to hold (Jjiar) 51 
additional real and personal estate. 

Be it enacted, etc., as follows: 

Section 1. Wlieaton Female Seminary is hereby au- Holding of real 
thorized to hold real and personal estate to an amount not 



and personal 
estate. 



38 



Acts, 1912. — Chap. 52. 



1911,361, § 1, 
amended. 



Cash surrender 
values of cer- 
tain insurance 
policies. 



exceeding one million dollars in addition to the amount which 
it is now authorized to hold, to be devoted exclusively to the 
purposes of education. 
Section 2. This act shall take effect upon its passage. 

Apjjroved Fehruary 5, 1912. 

Chap. 52 An Act relative to extended insurance on life in- 
surance POLICIES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and 
sixty-one of the acts of the year nineteen hundred and eleven 
is hereby amended by adding at the end thereof the words: 
— But in case of an endowment policy, if the sum applicable 
to the purchase of temporary insurance shall be more than 
sufficient to continue the insurance to the end of the endow- 
ment term named in the policy, the excess shall be used to 
purchase in the same manner non-participating paid-up 
pure endowment, payable at the end of the endowment term 
on the same conditions, — so as to read as follows : — Sec- 
tion 1. After premiums have been paid for three full years 
on any policy of prudential or industrial insurance, issued by 
a domestic company, after the thirty-first day of December, 
nineteen hundred and eleven, then, in case of 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 proportionate 
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 anj' indebtedness 
to the company on the policy, or secured thereby. But in 
case of an endowment policy, if the sum applicable to the 
purchase of temporary insurance shall be more than sufficient 
to continue the insurance to the end of the endowment term 
named in the policy, the excess shall be used to purchase in 
the same manner non-participating paid-up pure endow- 



Acts, 1912. — Chaps. 53, 54. 39 

ment, payable at the end of the endowment term on the 
same conditions. 

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

Approved February G, 1912. 

An Act relative to investments of trust companies in (jjifi^) 53 

REAL ESTATE FOR THE TRANSACTION OF THEIR BUSINESS. 

Be it enacted, etc., as joUmcs: 

Section 1. Section thirty-five of chapter one hundred ^^^L.^^J^e, § 35, 
and sixteen of the Revised Laws is hereby amended by 
inserting after the words "paid in", in the fifth line, the 
words: — and its surplus account, — so as to read as follows: 
— Section So. Such corporation may hold real estate un- May houi real 
encumbered by mortgage suitable for the transaction of ^^ ^ "" 
its business to an amount including the cost of alterations 
and additions in the nature of permanent fixtures, not ex- 
ceeding twenty-five per cent of its capital actually paid in 
and its surplus account, and in no case to exceed two hundred 
and fifty thousand dollars; but the provisions of this section 
shall not require such corporation to change an investment 
legally made prior to the eighteenth day of April in the year 
eighteen hundred and ninety-four. 

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

Approved February G, 1912. 

An Act to authorize trust companies to give security (JJkij) 54 

FOR deposits of POSTAL SAVINGS FUNDS. 

Be it enacted, etc., as follows: 

■ Section twelve of chapter one hundred and sixteen of the r. l. ug, § 12, 
Revised Laws is hereby amended by adding at the end thereof ^"^^^ 
the words : — except that the corporation may make such a 
deposit of securities as may be required by the laws of the 
LTnited States or the rules and regulations of the trustees 
of the postal savings system as security for deposits of postal 
savings funds made with such corporation, — so as to read 
as follows: — Section 12. Such corporation may receive Dei^sits. 
on deposit, storage or otherwise, money, government securi- 
ties, stocks, bonds, coin, jewelry, plate, valuable papers 
and documents, evidences of debt, and other property of any 
kind, upon such terms or conditions as may be agreed upon, 
and at the request of the depositor may collect and disburse 
the interest or income, if any, upon said property received on 



40 Acts, 1912. — Chaps. 55, 56. 

deposit and collect and disburse the principal of such of said 
property as produces interest or income when it becomes due, 
upon terms to be prescribed by the corporation. Such 
deposits shall be general deposits, and may be made by cor- 
porations and persons acting individually or in any fiduciary 
capacity. Such corporation shall not give collateral or other 
security for a deposit of money received under the provisions 
of this section, except that the corporation may make such 
a deposit of securities as may be required by the laws of the 
United States or the rules and regulations of the trustees of 
the postal savings system as security for deposits of postal 
savings funds made with such corporation. 

Approved February 6, 1912. 

Chap. 55 An Act relative to the retirement of certain vet- 
erans IN the service of the city of LYNN. 

Be it enacted, etc., as follows: 

SrSnTeterans Section 1. A vctcrau of tlic civil war in the service of 
Lynn."'*^"* the city of Lynn, if incapacitated for active duty, may be 
retired from active service, with the consent of the mayor, 
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: 
Proviso. jwovided, that no veteran shall be entitled to be retired under 

the provisions of this act unless he shall have been in the 
service of the city for at least ten years. 
Sle^benefita of Section 2. A vctcrau retired under the provisions of this 
the act. j^g.j.^ whose term of service was for a fixed number of years, 

shall be entitled to the benefits of this act without reappoint- 
ment. 
Repeal. SECTION 3. All acts and parts of acts inconsistent here- 

with are hereby repealed. 

Section 4. This act shall take effect upon its passage. 
{The foregoing vms laid before the Governor on the thirty-first 
day of January, 1912, and after five days it had "the force of 
a law", as prescribed by the Constitidion, as it was not returned 
by him with his objections thereto within that time.) 

Chap. 56 An Act to authorize the city of Lawrence to incur 
indebtedness for the purpose of paying certain ob- 
ligations. 

Be it enacted, etc., as follows: 

AlTlTm2°''"' Section 1. The city of Lawrence, for the purpose here- 
inafter specified of paying certain obligations and indebted- 



Acts, 1912. — Chap. 56. 41 

ness and for the purpose of refunding certain bonds, is hereby 
authorized to incur indebtedness to an amount not exceeding 
five hundred thousand dollars, and may issue notes or bonds 
therefor to be denominated on the face thereof, Lawrence 
Loan, Act of 1912. Such notes or bonds shall be signed by 
the treasurer of the city and countersigned by a majority of 
the city council. They shall be payable at the expiration of 
periods not exceeding ten years from the dates of issue, 
shall bear interest at a rate not exceeding four per cent per 
annum, payable semi-annually, and shall not be reckoned in 
determining the statutory limit of indebtedness of the city. 
The city may sell such securities at public or private sale, or 
pledge the same for money borrowed for the purpose afore- 
said, upon such terms and conditions as it may deem proper: 
'provided, that they shall not be sold or pledged for less than Proviso, 
their par value. 

Section 2. The city at the time of authorizing said loan Paymont of 
shall provide for the payment thereof in such annual pro- 
portionate payments as will extinguish the same within the 
time prescribed in this act; and when such provision has been 
made the amount required thereby, without further vote 
shall annually be assessed by the assessors of the city, in 
the same manner in which taxes are assessed, until the debt 
is extinguished. 

Section 3. The money received from said notes or bonds Expenditure 
shall be expended only for the payment of obligations of said of loan!'' ^ 
city contracted prior to January first of the year nineteen 
hundred and twelve, of which two hundred and sixty-seven 
thousand dollars is upon unpaid drafts; one hundred and four 
thousand dollars is to be returned to the cemetery fund; 
eighty-four thousand dollars is to take up bonds matured 
but not paid; thirteen thousand dollars is to pay payrolls 
held by certain banks; seventeen thousand dollars for bills 
rendered but not yet on draft and the balance of fifteen 
thousand dollars or any surplus thereo\'er received from the 
sale of said notes or bonds, for any of the above specifically 
named purposes, for bills contracted prior to said January 
first but not yet rendered, and for the payment of the interest 
and principal of the loan hereb}^ authorized. 

Section 4. None of said money shall be paid out except Money to be 
on the certificate of the city solicitor of said city that it is for certificate 
the purposes provided in the foregoing section. solicitor. 

Section 5. Any person who signs any authorization for To be expended 
the payment of any of said money or pays or knowingly certlin"^ 

purposes. 



42 



Acts, 1912. — Chaps. 57, 58. 



1870, 195, § 1, 
amended. 



Licenses may 
be granted for 
taking, etc., 
of clams. 



receives any of the same except for the purposes hereinbefore 
provided shall be deemed guilty of larceny. 

Section 6. This act shall take effect upon its passage. 

Apijroved February 7, 1912. 

Chap. 57 An Act relative to the taking of clams in and around 

THE shores of PLYMOUTH, KINGSTON AND DUXBURY. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
ninety-five of the acts of the year eighteen hundred and 
seventy is hereby amended by striking out the word "five", 
in the third line, and inserting in place thereof the word : — 
fifteen, — so as to read as follows: — Section 1. The select- 
men of the towns of Plymouth, Kingston and Duxbury, may, 
by writing under their hands, grant a license for such a term 
of years not exceeding fifteen, as they in their discretion may 
deem necessary and that the public good requires, to any 
inhabitant of their respective towns, to plant, cultivate and 
dig clams upon and in any flats and creeks in their respective 
towns, not, however, impairing the private rights of any 
person. 

Section 2. This act shall take effect in any of said towns 
only upon its acceptance by a majority of the voters thereof 
present and voting thereon at a meeting called for the pur- 
pose. Approved February 9, 1912. 

Chap. 58 An Act relative to accounting by pa'I'masters of the 

MILITIA. 

Be it enacted, etc., as follows: 

Section 1. Section two hundred of chapter six hundred 
and four of the acts of the year nineteen hundred and eight 
is hereby amended by striking out the words "in duplicate", 
in the second line, and by striking out the words " the dupli- 
cates of", in the fourth and fifth lines, so as to read as fol- 
lows : — Section 200. Paymasters shall take proper vouchers 
for all payments, and immediately after the payment of 
troops shall file with the treasurer and receiver general an 
account of their payments, with their vouchers; and such 
accounts shall be audited by the auditor of the common- 
wealth, and the several paymasters held to account for any 
discrepancies. 

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

Approved Fehntary 9, 1912. 



Time of taking 
effect. 



1908, 604, § 200, 
amended. 



Paymasters' 
voucher.s, etc. 



Acts, 1912. — Chaps. 59, 60, 61. 43 



An Act to restrict the use of common towels. Chav 59 
Be it enacted, etc., as follows: 

Section 1. In order to prevent the spread of com- use of common 
municable diseases, the state board of health is hereby au- hibue/'^^" 
thorized to prohibit in hotels and in such public places, 
vehicles or buildings as it may designate the providing of 
a common towel, and the board may establish rules and 
regulations for this purpose. 

Section 2. Whoever violates the provisions of this act, Penalty. 
or any rule or regulation of the state board of health made 
under authority hereof, shall be deemed guilty of a mis- 
demeanor and be liable to a fine not exceeding twenty-five 
dollars for each offence. 

Section 3. This act shall take effect on the first day of Ji^l°^ *^^'°^ 
June, nineteen hundred and twelve. 

Approved February 9, 1912. 

An Act to authorize the town of brookline to pay an QJk^j) QQ 
annuity to the widow of joseph w. donovan. 

Be it enacted, etc., as follows: 

Section 1. The town of Brookline may pay an annuity The town of 
not exceeding three hundred dollars, for a period not exceed- ma°y paran 
ing ten years, to the widow of Joseph W. Donovan, who died ^?idow o/° ^^^ 
on the thirteenth day of August in the year nineteen hundred ^onova^n' 
and ten, from injuries received in the performance of his 
duty as an employee of the sewer department of said town; 
but the annuity shall cease in case the widow shall remarry 
within the said period. 

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

Approved February 9, 1912. 

An Act relative to the distribution of the acts and r<hnj) ni 
resolves passed by the general court. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter nine of the Revised ^ i' ^' ^ \' , 

T Till niiii n etc., amended. 

Laws, as amended by chapter tour hundred and seventy-four 
of the acts of the year nineteen hundred and eight, is hereby 
further amended by inserting after the word "oflScers", 
in the third and fourth lines of the second paragraph thereof 
the words: — the secretary of each state board or commission 



44 



Acts, 1912. — Chaps. 62, 63. 



Copies of acts 
and resolves 
to be sent to 
certain public 
oflScers, etc. 



whose duties are affected by any such bill or resolve, — so 
that said second paragraph will read as follows: — It shall 
further be the duty of the secretary, as soon as may be after 
the signing of any bill or resolve by the governor, to send a 
copy thereof to each of the following officers: the secretary 
of each state board or commission whose duties are affected 
by any such bill or resolve, the clerks of the several cities and 
towns, for the use of the inhabitants thereof, the justices, 
clerks and registers of the judicial courts, the district attor- 
neys, the sheriffs, the trial justices, the justices of the peace 
authorized to issue warrants and take bail, and to the county 
law libraries. He may also send copies to such persons as 
apply therefor, charging not less than the cost thereof. 
Section 2. This act shall take effect upon its passage. 

Approved February 9, 1912. 



Chap. 62 An Act to authorize the trustees of the lowell tex- 
tile SCHOOL TO GRANT CERTAIN DEGREES. 

Be it enacted, etc., as follows: 

The trustees of the Lowell textile school are hereby au- 
thorized to grant the degree of Bachelor of Textile Engineer- 
ing and Bachelor of Textile Dyeing to pupils who have taken 
the four-year day course of the Lowell textile school in said 
departments and have passed the examinations required for 
graduation. Approved February 9, 1912. 



Granting of 
degrees bv the 
Lowell Textile 
school. 



Chap. 63 An Act relative to the taking of fish in the waters of 

THE CITY OF SALEM. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person to take 
fish in the waters of the city of Salem by beam trawl, otter 
trawl or seine: provided, hoivever, that the harbor master of 
the city may grant permits for the taking of fish in the said 
waters by the use of seines. 

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 by imprison- 
ment 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 February 9, 1912. 



Beam trawling, 
etc., pro- 
hibited, etc. 

Proviso. 



Penalties. 



Acts, 1912. — Chaps. 64, 65, 66. 45 



An Act relative to the certifiing or attesting of Chav. 64 

RECORDS OR COPIES OF RECORDS IN THE REGISTRY OF DEEDS 
FOR THE WORCESTER DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The register of deeds for the Worcester dis- Certification, 
trict of the county of Worcester may, by a writing wliich records, etc.. 
shall be recorded in said registry, authorize one of the persons deeds,' Worcea- 
employed by him to certify or attest, as chief clerk, records ^'^'^ district. 
or copies of records recorded or filed therein, which authority 
may be revoked at the pleasure of the register by a writing 
to be recorded in said registry. An}' record or copy of a 
record so certified or attested shall be admissible in evidence 
as if it were certified or attested by the register in person. 

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

Approved February 9, 1912. 

An Act to authorize the laying out of a street over Chap. 65 

A PART OF MUGFORD PARK IN THE TOWN OF MARBLEHEAD. 



Be it enacted, etc., as follows: 
Section 1. The selectmen of the town of IMarblehead, i-^yingoutof 

, _ ' ;i .street or way. 

subject to the approval of the board of park commissioners 
of said town, are hereby authorized to lay out antl construct 
a street or way, in accordance with the provisions of law allow- 
ing land to be taken for the laying out and alteration of 
town ways, over a part of Mugford park, a public park in 
Marblehead, and for this purpose may appropriate so much 
of said park as may be necessary therefor. 

Section 2. This act shall take effect when accepted by a Time of taking 
majority of the voters present and voting thereon at an ^ ^ ' 
annual meeting of said town. 

Approved February 9, 1912. 

An Act relative to the bonds of district attorneys, nhn^ gg 
Be it enacted, etc., as follows: 

Section one of chapter four hundred and sixtv-nine of ''"^^' i^^i § i> 

1 ci • iiii't''ii amended. 

the acts or the year nmeteen hundred and eight is hereby 
amended by adding at the end thereof the words : — This 
act shall also apply to district attorneys, — so as to read as 
follows: — Section 1. When an official who has the custody officials 
of property of the commonwealth, or w^ho is charged with the ti'^be^ 



46 



Acts, 1912. — Chap. 67. 



reimbursed, 
etc. 



duty of receiving or disbursing mone\^. is required to give 
bond to the commonwealth for the faithful discharge of his 
duty, the commonwealth shall reimburse him for the amount 
paid by him to a surety company for becoming surety on his 
official bond. This act shall also apply to district attorneys. 

ApiJroved February 9, 1912. 



1908, 604, § 106, 
amended. 



Chap. 67 An Act relative to the wearing of the uniform or in- 
signia OF rank prescribed for officers or enlisted 

MEN OF THE militia. 

Be it enacted, etc., as follows: 

Section one hundred and six of chapter six hundred and 
four of the acts of the year nineteen hundred and eight is 
hereby amended by striking out the word "The", in the 
fifth line, and inserting in place thereof the words : — Any 
part of the, — by inserting after the word "officers", in the 
sixth line, the words : — or enlisted men, - — by inserting 
after the word " commission ", in the seventh line, the words : 

— or enlistment, — -by inserting after the word "officer", 
in the tenth line, the words : — or enlisted men, — by in- 
serting after the word "commission", in the eleventh line, 
the words : — or rank, — and by inserting after the word 
"officer", in the fifteenth line, the words: — or enlisted man, 

— so as to read as follows: — Section 106. Commissioned 
officers shall provide themselves with uniforms, arms and 
equipments prescribed by the commander-in-chief, which 
shall be free from attachment, distress, execution or sale for 
debt or payment of taxes. Any part of the uniform or in- 
signia of rank prescribed for the officers or enlisted men of 
the volunteer militia shall be worn only by persons entitled 
thereto by commission or enlistment under the laws of this 
commonwealth or of the United States or of another state of 
the United States; but an honorably discharged ojBScer or 
enlisted man may upon public occasions wear the uniform 
and insignia of rank to which his commission or rank entitled 
him while in service. A person violating any provision of 
this section shall be punished by a fine of not less than ten 
and not more than one hundred dollars, on complaint of any 
officer or enlisted man of the militia. 

Ajjproved February 9, 1912. 



Commissioned 
officers to 
provide 
uniforms, etc. 



Penalty for 
unauthorized 
wearing of 
uniform. 



tions. 



Acts, 1912. — Chap. 68. 47 



An Act making appropriations for the salaries and (JJiaj) 68 

EXPENSES OF THE DISTRICT POLICE. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the salaries and expenses of 
the district police, for the fiscal year ending on the thirtieth 
day of November, nineteen hundred and twelve, to wit : — 

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

For the salary of the first clerk, fifteen hundred dollars. Yirst clerk. 

For the salary of the second clerk, one thousand dollars. Second cierk. 

For the salary of a stenographer in the department of the stenographer. 
chief, a sum not exceeding nine hundred and twenty-five 
dollars. 

For postage, printing, stationery, telephone, telegraph, Expenses. 
incidental and contingent office expenses, including the 
printing and binding of the annual report, a sum not ex- 
ceeding eight thousand dollars. 



detective department. 
For the salary of the deputy chief, tw^enty-fom- hundred Jj^^t^^e''^'''^' 

dollars. department. 

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

For the salaries of the stenographers, thirty-three hundred Stenographers. 
and fifty dollars. 

For compensation of the members, a sum not exceeding Compensation 
twenty-two thousand eight hundred dollars. of mem ers. 

For compensation of fire inspectors, twelve thousand three Fire inspectors. 
hundred dollars. 

For travelling expenses of the members, a sum not exceed- Travelling 
ing twelve thousand five hundred dollars. 

For special services and expenses of persons employed fj^^ic^, etc 
under the direction of the deputy chief of the detective de- 
partment in the investigation of fires, including witness fees, 
travel, contingent and incidental expenses, a sum not exceed- 
ing twenty-five hundred dollars. 

INSPECTION department. 
For the salary of the deputy chief, twenty-four hundred ,^s^ectwn^'^^' 

dollars. department. 

For the salary of the chief inspector of boilers, twenty-four chief 
hundred dollars. XiZ. 



48 



Acts, 1912. — Chap. 69. 



Stenographers. 



Clerks. 



Compensation 
of members. 



Travelling 
expenses. 

Board of 
boiler rules. 

Expenses. 



Steamer 
Lexington, 



Certain 
apparatus. 



Investigation 
work, etc. 



For the salaries of two stenographers in the inspection 
department, a sum not exceeding fourteen hundred and fifty 
dollars. 

For the salaries of the clerks, fifty-five hundred and twenty- 
five dollars. 

For the compensation of the members, a sum not exceeding 
eighty-two thousand five hundred dollars. 

For travelling expenses of the members, a sum not exceed- 
ing twenty-three thousand dollars. 

For compensation of the board of boiler rules, a sum not 
exceeding one thousand dollars. 

For expenses of the board of boiler rules, a sum not exceed- 
ing one thousand dollars. 

For the expense of operating the steamer Lexington, used 
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 
applicants for moving picture licenses, and furnishing supplies 
to operate the same, a sum not exceeding six hundred dollars. 

For investigation work and apparatus, and for mainte- 
nance in the boiler inspection department, a sum not exceed- 
ing one thousand dollars. 

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

Ayyroved February 9, 1912. 



Fire district 
in the town 
of Williams- 
town estab- 
lished. 



Chap. 69 An Act to authorize the establishment of a fire dis- 
trict IN THE town of WILLIAMSTOWN. 

Be it enacted, etc., as follows: 

Section 1. A fire district may be established in the town 
of Williamstown, to include all of the territory within the 
following limits, to wit: — Beginning at the most westerly 
corner of land of Emma Z. Smedley on the north side of the 
main highway leading from Williamstown to North Adams, 
thence on said highway to the Stratton road, so-called, 
thence on said Stratton road to the north line of land formerly 
of Susie M. Field, now of Horace H. Herrick, thence westerly 
on land of said Herrick and on the south line of lands now or 
formerly of Clarence M. Smith, George A. Scott and Charles 
Heap to Water street, thence in a straight line to the point 
of intersection of Gale road with South street, thence in a 
straight line to the east abutment of Torrey's dam, so-called, 
thence down Maynard brook to a point opposite the north 



I 



Acts, 1912. — Chap. 69. 49 

line of the cemetery, thence in a straight line to a point, 
being the west corner of Hoyt's house lot, thence in a straight 
line to the most northerly corner of land of Julia G. Blagden, 
thence in a straight line to the northerly corner of the Ford 
place, so-called, thence in a straight line to the northerly 
corner of land known as the Benjamin place, now owned by 
A. E. Hall, thence in a straight line to the most northerly 
corner of the Smedley farm and southerly on the line of said 
farm to the point of beginning; said district containing over 
one thousand inhabitants. 

Section 2. Before the district is established and organ- Limits of 
ized a petition shall be presented to the town at a legal meet- di^t^kT^etc. 
ing, stating the limits of the proposed district, the number of 
inhabitants, the number of voters, and the amount of taxable 
property in the proposed district, as nearly as the same can 
be ascertained from the records and statistics of the town. 
If at said meeting the town shall vote in favor of establish- 
ing and organizing the district the inhabitants of the district 
may proceed to establish and organize the same in accordance 
with the provisions of the laws relating to fire districts and 
the provisions of this act. If at said meeting the town shall 
not vote in favor of establishing and organizing the district, 
the town may vote in favor of establishing and organizing 
the same at any legal meeting called for that purpose and 
in the manner herein provided, within three years after the 
passage of this act; the number of said meetings called for 
that purpose in any one year not to exceed two. 

Section 3. The legal voters of the fire district shall ^'ZTt 
within one year after the organizing of the district, at a meet- terms°"etc 
ing called for the purpose, choose by ballot a board of three 
commissioners, all of whom shall be legal inhabitants of and 
voters in the district, to hold office, one for one year, one 
for two years and one for three years from the next succeed- 
ing annual district meeting; and thereafter at each annual 
meeting the legal voters of said district shall elect one com- 
missioner to serve for three years. The commissioners shall 
annually within fourteen days after the annual election of 
the fire district choose one of their number to act as president 
of the district for the ensuing year. Said commissioners 
shall be a board of commissioners of hydrants, water tanks 
for fire purposes, sidewalks, common sewers, main drains, 
lamps, street sprinkling and police protection. The com- 
missioners shall serve until the expiration of their respective 
terms of office, as hereinbefore set forth and until others 



50 



Acts, 1912. — Chap. 69. 



May raise 
and expend 
money, etc. 



Clerk to 
certify to 
assessors 
sums voted 
to be raised, 
etc. 



Powers and 
duties of 
commission- 
ers. 



are chosen and qualified in their stead, but the district shall 
have authority to fill any vacancy in said board at any 
district meeting regularly called for that purpose. The 
commissioners shall be sworn to the faithful performance of 
their duty and shall receive such compensation as may be 
determined by the voters of the district at its annual meet- 
ings. 

Section 4. The said district may, at meetings called 
for that purpose, raise money for the purpose of carrying 
out the provisions of this act; and the board shall expend 
the same for the purposes prescribed by vote of the district. 
Every member of the board shall be accountable to the dis- 
trict for any money received by him, and the district may 
maintain a suit therefor in the name of the inhabitants of 
the district. The said board shall not expend any money 
which has not been duly appropriated by the district, and 
shall have no authority to bind the district to the payment 
of money in excess of its appropriation, or for any purpose 
not specified by the vote of the district appropriating the 
same; but the district shall not during any year raise by 
taxation any amount of money exceeding one tenth of one 
per cent of the taxable property in the district. 

Section 5. The clerk of the district shall, on or before 
the first day of May in each year, certify to the assessors of 
the town of Williamstown all sums voted to be raised by the 
district during the year last preceding, under the provisions 
of this act; which sums shall be assessed and collected by 
the officers of the town in the manner in which town taxes 
are assessed and collected, and shall be paid over to the 
treasurer of the district who shall hold the same subject to 
the order of the board. The clerk of the district shall act 
as clerk of the board and shall enter all its proceedings in the 
records of the district. 

Section 6. It shall be the duty of the board, under the 
supervision and direction of the district, to construct, recon- 
struct, erect, repair, maintain and have charge of all main 
drains constructed by it, and of all common sewers, sidewalks, 
lamp posts, street lamps, and street hydrants in the fire 
district, and to have charge of the sprinkling of the streets 
therein, and of all matters pertaining thereto as herein pro- 
vided; and to construct such cross walks as may be ordered 
by the district and to keep maps and plans of all such main 
drains and common sewers. 



Acts, 1912. — Chap. 69. 51 

Section 7. The board shall have authority to determine construction. 
the grade, width and material, including curbstones, of all sideV^iiks. 
sidewalks on the public streets and highways of said district, 
and to construct, reconstruct and repair the sidewalks, in 
accordance with such determination. Upon the completion 
of any sidewalk by the board, or the completion of the 
reconstruction or repair of any sidewalk, or within one year 
thereafter, the board shall ascertain, determine and certify 
the whole expense of such making, reconstruction or repair, 
and shall cause a record thereof to be made, and shall assess 
a portion, not exceeding one half the amount of the same, 
upon all the lands which abut on the sidewalk so made, re- 
constructed or repaired. 

Section 8. The board shall have power to determine Removal of 
when, in what manner and to what extent snow, ice, grass, from sfdew^^ks, 
herbage, trees and other obstructions shall be removed from ^^^' 
the sidewalks in the district, or from any of the same or any 
portion thereof; and to establish by-laws and penalties reg- 
ulating the same, subject to the approval of the fire district, 
and also by-laws and penalties prohibiting the deposit of 
ashes, garbage, filth or other refuse matter on the streets and 
sidewalks within the limits of the district. 

Section 9. No sidewalk graded, constructed, recon- Authority of 
structed or repaired in the district, under the provisions of sfonwa^' 
this act, shall be dug up or obstructed in any part thereof 
without the consent of the board; and whoever rides or 
drives or leads any neat cattle, or uses any vehicle moved by 
hand, other than those used for the carriage of children, 
invalids or persons disabled, upon or along any sidewalk in 
the district except to cross the same, or digs up or otherwise 
obstructs the same without such consent, shall forfeit a 
sum not less than one dollar nor more than five dollars for 
every violation of the provisions of this section. 

Section 10. The fire district, at meetings called for that construction 
purpose, may order the board to construct cross walks in any wa^ka! 
street in the district in which they have authority to construct 
sidewalks. The board shall construct all such cross walks 
at the expense of the district, and shall repair and recon- 
struct the same when so ordered by the district, and at its 
expense. 

Section 11. The board shall lay, make, reconstruct and ^J^l'^ewers.' 
maintain in the district all such main drains and common 
sewers as the district, at a legal meeting called for that 



52 



Acts, 1912. — Chap. 69. 



Construction 
of main 
drains and 
sewers. 



Employment, 
etc., of 
police officers. 



Collection of 

assessments. 



purpose, shall by vote adjudge to be necessary for the public 
convenience or the public health, and may repair the same 
from time to time whenever necessary; and for said pur- 
poses may take, in the manner hereinafter provided, any 
land, property or right which in its opinion may be necessary 
therefor. 

Section 12. When authorized by the district main drains 
and common sewers may be constructed in the district 
by the board, which shall be the property of the district 
and shall be under the charge and control of the board, who 
shall have authority to regulate the use of the same and to 
prescribe the mode in which the same shall be entered by 
private drains, and the terms and conditions of such entry. 
No person shall be allowed to enter or discharge any private 
drain into a main drain or common sewer of the district, 
except by leave of the board, and on such terms and con- 
ditions as the board shall prescribe; and all such private 
drains entering any such main drain or common sewer shall 
be under the exclusive charge and control of the board, who 
shall have authority to make and execute orders concerning 
the same as though the same were constructed by the board 
under this act. The provisions of this section shall apply to 
and govern the use of all sewers and drains in the district 
constructed by it, and to the compensation, terms and con- 
ditions to be made for such use, whether the same have 
been heretofore or shall hereafter be constructed. 

Section 13. It shall be the duty of the board to employ 
as many police officers for the protection of the inhabitants 
of the district and the property contained therein, and to give 
them such compensation as may be determined upon by 
the voters of the district at its annual meetings, but the 
board shall have full power to appoint said police officers 
and to discharge them at any time for reasonable cause and 
to choose successors of any so discharged. 

Section 14. All assessments made by the board, as 
provided for in this act, shall constitute a lien on the real 
estate assessed for two years from the time of assessment, 
and for one year after the final determination of any suit or 
proceedings in which the amount or validity of such assess- 
ments shall be drawn in question. Every assessment made 
by the board shall be recorded in books to be kept for that 
purpose, and a list thereof shall be committed by the board 
for collection to the person then authorized by law to collect 



Acts, 1912. — Chap. 69. 53 

taxes ill the town. The collector shall forthwith publish 
the same by posting true and attested copies thereof in three 
public places in the district; and shall, within thirty days 
after said publication thereof, demand payment of the same 
of the owner or occupant of the land assessed, if known 
to him and within his precinct. If any such assessment 
shall not be paid within three months after the publication 
of said list, he shall levy the same, with incidental costs and 
expenses, by sale of the land, such sale to be conducted in 
the manner of a sale of land for non-payment of town taxes; 
and in making such sales, and any sales for taxes assessed 
for the district,' the collector, the district and its officers 
shall have all the powers and privileges conferred by general 
law upon collectors of taxes and upon cities and towns and 
their officers, relating to the sales of land for the non-payment 
of taxes. The collector shall pay over all moneys received 
by him under this act to the treasurer of the district, in the 
same manner as moneys received by him from taxes assessed 
for the district by the assessors of the town. 

Section 15. Every assessment made by the board which Reassessments, 
is invalid by reason of any error or irregularity in the assess- 
ment, and which has not been paid, or which has been re- 
covered back, or which has been enforced by an invalid sale, 
may be reassessed by the board of commissioners for the 
time being, to the just amount to which, and upon the estate 
upon which, such assessment ought at first to have been 
assessed ; and the assessment thus reassessed shall be payable 
and shall be collected and enforced in the same manner as 
other assessments. 

Section 16. Any person aggrieved by an assessment Person 
made by the board may, at any time within three months aL^e's'smelt'^ 
after the publication of the list of such assessment, as pro- ^tl\ by" ^*"^ * 
vided in section fourteen, apply by petition to the superior ^"'"^' 
court for the county of Berkshire, and after due notice to 
the fire district a trial shall be had at the bar of said 
court in the same manner in which other civil causes are 
there tried by jury; and if either party requests it, the jury 
shall view the place in question. Before filing said petition, 
the petitioner shall give one month's notice in writing to the 
board of his intention so to apply, and shall therein par- 
ticularly specify his objection to the assessments; and to 
such specification he shall be confined in the trial by jury. 
If the jury shall not reduce the amount of the assessment 



etc. 



54 



Acts, 1912. — Chap. 69. 



Taking of 
land, etc. 



Damages. 



Recovery of 
penalties, etc. 



Proviso. 



Provisions 
of general 
law to apply, 
etc. 



complained of, the respondent shall recover costs against the 
petitioner, which costs shall be a lien upon the estate assessed 
and shall be collected in the same manner as the assessment; 
but if the jury shall reduce the amount of the assessment 
the petitioner shall recover costs. 

Section 17. Whenever land is taken by virtue of the 
provisions of section eleven the board shall, within sixty 
days after any such taking, file in the registry of deeds of the 
county of Berkshire a description of the land so taken, 
sufficiently accurate for identification, and a statement of 
the purpose for which it is taken; and the right to use all 
land so taken for the purposes mentioned in said statement 
shall vest in said fire district and its successors. Damages 
for land so taken shall be paid by the fire district; and any 
person aggrieved by the taking of his land under this act, 
who fails to agree with the board as to the amount of dam- 
ages, may, upon a petition filed with the county commis- 
sioners of the county of Berkshire w^ithin one year after the 
filing of the description thereof in the registry of deeds, have 
his damages assessed and determined in the manner pro- 
vided when land is taken for the laying out of highways; 
and if either party is not satisfied with the award of damages 
by the county commissioners, and shall apply for a jury to 
revise the same, the fire district shall pay the damages 
awarded by the jury, and shall pay costs if the damages are 
increased by the jury, and shall recover costs if the damages 
are decreased ; but if the jury shall award the same damages 
as were awarded by the county commissioners, the party 
who applied for the jury shall pay costs to the other party. 

Section 18. Penalties incurred under the provisions of 
this act, and under any by-laws established in pursuance 
thereof, may be recovered by an action of tort brought by 
direction of said board in the name and for the use of the 
district, or on complaint or indictment to the use of the 
commonwealth: provided, that no such action, complaint or 
indictment shall be maintained unless brought within thirty 
days after the right of action accrues or the offence is com- 
mitted. No inhabitant of the district shall be disqualified, 
by reason of his being such inhabitant, to act as judge, 
magistrate, juror or officer in a suit brought for the said 
penalty. 

Section 19. The provisions of all general laws of the 
commonwealth, applicable to fire districts and not incon- 



damages, etc. 



Acts, 1912. — Chap. 70. 55 

sistent with this act, shall apply to the fire district organized 
hereunder. Nothing herein contained shall be construed to 
interfere with the authority of surveyors of highways or any 
authority of the town or its agents which can be legally exer- 
cised over highways or roads. But the town shall repair 
any injury done to sidewalks in said district by the officers of 
the town by reason of any raising, lowering or other act done 
for the purpose of repairing a highway or town way; and 
whenever any cross walk shall be torn up or injured by the 
officers of the town in making, repairing, altering, raising or 
lowering any highway or town way, the town shall relay and 
repair such cross walk and put the same in as good condition 
as it was in before it was torn up or injured. The authority 
of the town to construct sidewalks, main drains and common 
sewers within the limits of the district shall be suspended 
while this act is in force; but this act shall in no wise afi^ect 
the liability of the town for any damages caused within the 
limits of its highways. 

Section 20. When a party upon the trial of an action Recovery of 
recovers damages of the town for an injury caused to his 
person or property by a defect in any sidewalk in the fire 
district, if the fire district has had reasonable notice to defend 
the action the town may recover of the fire district, in addition 
to the damages, all costs of both plaintiff and defendant in 
the action. 

Section 21. This act shall take effect upon its passage. 

Approved February 9, 1912. 

An Act to authorize the auditor of the commonwealth Qh^r) 70 

TO ALLOW certain CLAIMS ON UNCLAIMED DEPOSITS 
PAID TO THE TREASURER AND RECEIVER GENERAL BY SAV- 
INGS BANKS. 

Be it enacted, etc., as foUoivs: 

Section 1. Section fifty-seven of chapter five hundred wos, 590 §57, 

^ , ' , amenuea. 

and ninety of the acts of the year nineteen hundred and eight 
is hereby amended by adding at the end thereof the w^ords : — 
provided, hoivever, that in cases where claims amount to less 
than fifty dollars, the claims may be presented to the auditor 
of the commonwealth, who shall examine the same and allow 
and certify for payment such as may be proved to his satis- 
faction, — so as to read as follows: — Section 57. Any claims on 
person claiming a right to money deposited with the treasurer deposits. 



56 



Acts, 1912. — Chap. 71. 



Proviso. 



and receiver general under the provisions of either of the 
two preceding sections, or of section sixteen of chapter one 
hundred and sixteen of the Revised Laws, and acts in amend- 
ment thereof and in addition thereto, may estabhsh the same 
by a petition to the superior court as provided in section one 
of chapter two hundred and one of the Revised Laws, as 
amended by section one of chapter three hundred and seventy 
of the acts of the year nineteen hundred and five: lyromded, 
however, that in cases where claims amount to less than 
fifty dollars, the claims may be presented to the auditor of 
the commonwealth, who shall examine the same and allow 
and certify for payment such as may be proved to his satis- 
faction. 

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

Approved February 9, 1912. 



R. L. 6, § 35, 
etc., amended. 



Advance.'" from 
the trea.sury 
of the com- 
monwealth. 



Chap. 71 An Act relative to advances from the treasury of the 

COMMONWEALTH TO CERTAIN DISBURSING OFFICERS. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-five of chapter six of the 
Revised Laws, as amended by chapter three hundred and 
sixty-nine of the acts of the year nineteen hundred and 
five, is hereby further amended by striking out the word 
'four", in the sixth line, and inserting in place thereof the 
word: — seven, — 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 35. Officers who 
are authorized to expend money in behalf of the common- 
wealth may have money advanced to them from the treas- 
ury, not exceeding at any one time the following amounts: 
the disbursing officer of the state board of charity, upon 
giving a bond in the sum of seven thousand dollars, with 
sufficient sureties, payable to and approved by the treasurer 
and receiver general, five thousand dollars; the disbursing 
officer of the state board of insanity, upon giving a bond in 
the sum of two thousand dollars, with sufficient sureties, 
payable to and approved by the treasurer and receiver gen- 
eral, fifteen hundred dollars; the treasurer or disbursing 
officer of each of the state insane hospitals or asylums, of 
the Massachusetts hospital for dipsomaniacs and inebriates, 
of the Massachusetts hospital for epileptics, of the Massa- 
chusetts state sanatorium and of the Massachusetts School 
for the Feeble-Minded, not more than two thousand dollars 



Acts, 1912. — Chaps. 72, 73. 57 

for an institution having not more than five hundred inmates, 
and not more than five thousand dollars for an institution 
having more than five hundred inmates; the board of prison 
commissioners, for aiding prisoners who have been dis- 
charged from the Massachusetts reformatory, five hundred 
dollars; the sergeant-at-arms, for necessary and legitimate 
expenditures made by him for committees of the general 
court while travelling under an order thereof, two thousand 
dollars, and for the incidental expenditures made by him 
in the care of the state house and grounds, five hundred 
dollars; the bonded paymasters of the militia, eighty per 
cent of the pay and mileage due or to become due to the 
officers and men of the militia for duty performed at camp 
or annual drill, under such rules and regulations as the treas- 
urer and receiver general may prescribe ; the attorney-general, 
five hundred dollars; other public officers, except as other- 
wise provided, not more than one hundred and fifty dollars 
at any one time. 

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

Approved February 9, 1912. 

An Act to authorize the salem seaman's orphan and nh^jj. 70 
children's friend society to hold additional real 

AND personal ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The Salem Seaman's Orphan and Children's May hold real 
Friend Society, originally incorporated by chapter eighty- e^tlte!'""''''^ 
one of the acts of the year eighteen hundred and forty-one, 
may hold real and personal estate to an amount not exceed- 
ing two hundred and fifty thousand dollars. 

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

Approved February 9, 1912. 

An Act relative to the reports of examinations of r'/,^^ 70 
trust companies. / • 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter three hundred and 1^07, 319 §2. 

PI [, ■, . amended. 

nnieteen or the acts of the year nnieteen hundred and seven 
is hereby amended by inserting after the word "report", 
in the tenth line, the words: — or such part thereof as the 
meeting may determine, — so as to read as follows : — 



58 



Acts, 1912. — Chap. 74. 



Examination 
of assets and 
liabilities, etc. 



Sworn report 
to be made. 



Section 2. At least once in each year the committee, with- 
out previous notice to the officers or directors of the corpora- 
tion, shall make or cause to be made a thorough examination 
of the assets and liabilities of the corporation, including 
those of its trust department. Within ten days after the 
completion of such examination the committee shall file in 
the office of the bank commissioner a report thereof in writ- 
ing, sworn to by each member of the committee making the 
examination, and a duplicate of the report, or such part 
thereof as the meeting may determine, shall be read to the 
directors and to the stockholders at their meetings imme- 
diately following the completion of the report. 
Section 2. This act shall take effect upon its passage. 

Approved February 9, 1912. 



1907, 576, § 11, 
paragraph 
Fourth, 
amended. 



Chap. 74 An Act relative to the reserve liability of life in- 
surance COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Paragraph Fourth of section eleven of chap- 
ter five hundred and seventy-six of the acts of the year 
nineteen hundred and seven is hereby amended by adding 
at the end thereof the following: — and he may further in 
his discretion prescribe such table or tables of mortality, 
other than those specified by this section as he may deem 
necessary properly to measure such additional risks, with 
interest at not less than three per cent per annum, for the 
computation of the net value upon any special class or 
classes of risks, and thereupon, any insurance company 
assuming such risks or classes of risks, may reserve therefor 
upon such table or tables, — so that said paragraph as 
amended will read as follows : — Fourth, When, from re- 
ports filed in his department or from other evidence, the 
insurance commissioner is satisfied that an insurance com- 
pany is assuming risks that cannot be properly measured 
by the mortality tables specified in this section, he may 
compute such extra reserve as in his judgment is warranted 
by the extra hazard assumed, and he may further in his dis- 
cretion prescribe such table or tables of mortality, other than 
those specified by this section as he may deem necessary 
properly to measure such additional risks, with interest at 
not less than three per cent per annum, for the computation 
of the net value upon any special class or classes of risks. 



Valuation 
of policies of 
life insurance 
companies 
annually. 



Acts, 1912. — Chap. 75. 59 

and thereupon, any insurance company assuming such risks 
or classes of risks, may reserve therefor upon such table or 
tables. 
Section 2. This act shall take effect upon its passage. 

Approved Fchruary 9, 1912. 



An Act to authorize the city of new Bedford to incur (Jjid^ 75 

INDEBTEDNESS FOR EXTENDING AND RENEWING ITS WATER 
MAINS. 

Be it enacted, etc., as folloivs: 

Section 1. The city of New Bedford, for the purpose of ^^^7,,^i^;|^''„'",'^ 
extending and renewing its water mains, may incur indebted- Act of 1912. 
ness to an amount not exceeding one hundred and sixty 
thousand dollars, and may issue bonds, notes or scrip there- 
for, 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 1912; 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 ex- 
ceeding 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 the said securities shall be 
used in payment of running expenses. 

Section 2. The city shall at the time of authorizing Payment o£ 
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 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 



60 



Acts, 1912. — Chaps. 76, 77. 



other taxes are assessed, until the debt incurred by said 
loan is extinguished. 
Section 3. This act shall take effect upon its passage. 

Approved February 9, 1912. 



City of New 
Bedford may 
incur in- 
debtedness for 
sewerage 
purposes. 



Chap. 76 An Act to authorize the city of new Bedford to incur 

INDEBTEDNESS FOR THE PURPOSE OF SEWERAGE CON- 
STRUCTION. 

Be it enacted, etc., as follows: 

Section 1. The city of New Bedford, for the purpose of 
sewerage construction in that city, may incur indebtedness, 
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. 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 percent per annum, payable semi-annually, 
as the city council shall determine. Except as otherwise 
provided herein the provisions of chapter four hundred and 
ninety of the acts of the year nineteen hundred and nine 
shall, so far as they may be applicable, apply to the indebted- 
ness 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 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 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. 

Apx)roved February 9, 1912. 



Payment of 
loan. 



Chap. 77 An Act to provide for advances from the county 

TREASURY TO MASTERS AND KEEPERS OF JAILS AND HOUSES 
OF CORRECTION. 

Be it enacted, etc., as follows: 
Advances of SECTION 1. Mastcrs and keepers of jails and houses of 

certain public corrcction who are authorized or directed to expend money 

oincers. 



Acts, 1912. — Chaps. 78, 79. 61 

in behalf of the county may have money advanced to them 
from the county treasury in such amounts as the county 
commissioners may approve, not exceeding the sum of one 
hundred and fifty dollars at any one time. 

Section 2. Every officer applying for such an advance Application 
shall certify in WTiting that the amount asked for is needed lo'te'^ac-''''"''^ 
for immediate use, and, as specifically as may be, the purposes a°"ertmcite!'^ 
for which the expenditure of such amount is required. The ^^■ 
certificate shall bear the approval of the county commis- 
sioners and, when the certificate is filed with the county 
treasurer, payment shall be made by him to such officer. 

Section 3. Every such officer shall, within thirty days statement, 
after the receipt of an advance, file with the county treasurer me'd with 
a detailed statement, bearing the approval of the county u^^arer. 
commissioners, of the amounts expended subsequent to the 
preceding accounting, with vouchers therefor if they can be 
obtained. 

Section 4. This act shall take effect upon its passage. 

Approved February 9, 1012. 

An Act to place under civil service rules assistant (JJiar, 73 
CITY clerks in the city of fall kiver. 

Be it enacted, etc., as folloivs: 

Section 1. Assistant city clerks in the city of Fall River, Assista,nt city 
who have been in the employ of that city for not less than RherpVed 
twenty years, shall be placed under civil service rules. "e'rvice^ruils. 

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

Approved February 9, 1912. 

An Act relative to the supervision by the auditor of Chav 79 

THE commonwealth OF ACCOUNTS KEPT AT THE STATE 
NORMAL SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. Section ten of chapter thirty-nine of the r. l. 39, § 10, 
Revised Laws is hereby amended by striking out all after 
the word "direction", in the fourth line, and inserting in 
place thereof the following: — The receipts from pupils 
boarded in halls maintained at normal schools shall be paid 
into the treasury of the commonwealth monthly, and so 
much thereof as is necessary to pay the expenses of wages, 
food and supplies for dormitories and kitchens shall be paid 



amended. 



62 Acts, 1912. — Chap. 80. 

therefrom upon approved schedules accompanied by vouchers 
in the same manner that other claims against the common- 
wealth are paid; and all receipts from other sources shall be 
paid into the treasury of the commonwealth monthly as a 
part of the general revenue of the commonwealth. The 
auditor of the commonwealth shall exercise the same direc- 
tion of all accounts kept at normal schools as is authorized 
by section four of chapter five hundred and ninetj'-seven of 
the acts of the year nineteen hundred and eight. The prin- 
cipals of the several normal schools shall be bonded in amounts 
to be approved by the board of education, — so as to read 
Management as f ollows : — Scction 10. Tlic board shall have the general 
8chw™etc. management of the state normal schools and the boarding 
houses connected therewith, and money appropriated for 
their maintenance may be expended under its direction. 
The receipts from pupils boarded in halls maintained at 
normal schools shall be paid into the treasury of the com- 
monwealth monthly, and so much thereof as is necessary to 
pay the expenses of wages, food and supplies for dormitories 
and kitchens shall be paid therefrom upon approved sched- 
ules accompanied by vouchers in the same manner that 
other claims against the commonwealth are paid; and all 
receipts from other sources shall be paid into the treasury 
of the commonwealth monthly as a part of the general 
revenue of the commonwealth. The auditor of the common- 
wealth shall exercise the same direction of all accounts kept 
at normal schools as is authorized by section four of chapter 
five hundred and ninety-seven of the acts of the year nineteen 
hundred and eight. The principals of the several normal 
schools shall be bonded in amounts to be approved by the 
board of education. 
Section 2. This act shall take effect upon its passage. 

Ajyproved February 9, 1912. 

Chap. 80 An Act relative to the appointees of the board of 

EDUCATION. 

Be it enacted, etc., as follows: 

ete!'amended. SECTION 1. Scctiou three of chapter four hundred and 
fifty-seven of the acts of the year nineteen hundred and nine, 
as amended by chapter two hundred and eighty-two of the 
acts of the year nineteen hundred and ten, and by chapter 
four hundred and sixty-six of the acts of the year nineteen 



Acts, 1912. — Chap. 81. 63 

hundred and eleven, is hereby further amended by striking 
out the said section and inserting in place thereof the follow- 
ing: — Section 3. The board shall appoint a commissioner commissioner 
of education whose term of office shall be five years, and may ap^hiuuent. 
fix his salary at such sum as the governor and council shall ^^''' 
approve. Said commissioner may at any time be removed 
from office by a vote of six members of the board. He shall 
exercise the powers and perform the duties now conferred 
or imposed by law on the secretary of the board of educa- 
tion. He shall be the executive officer of the board, shall 
have supervision of all educational work supported in whole 
or in part by the commonwealth, and shall report thereon 
to the board, and, when so authorized by the board, may 
approve bills for expenditures from appropriations and funds 
placed under the direction of the board. The board shall J^^Jg^onere.'"' 
also appoint two deputy commissioners, at equal salaries, 
one of whom shall be especially qualified to deal with in- 
dustrial education. The powers, duties, salaries and terms 
of office of said deputy commissioners shall be such as may 
be established from time to time by the board, but the board 
may, by a vote of six members thereof, remove from office 
at any time either of said deputy commissioners. The board Expenses. 
may be allowed for rent, salaries of the commissioner, the 
deputies, agents, assistants and clerical service, and for 
travelling and other necessary expenses of the commissioner, 
the deputies, agents, and of the board incurred in the per- 
formance of their official duties, such sum as shall be appro- 
priated by the general court annually, payable out of the 
treasury of the commonwealth. 

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

Approved February 9, 1912. 

An Act relative to the appointment of assistant (Jhav. 81 

ASSESSORS IN THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as folloivs: 

Section 1. Section nine of chapter three hundred and ^^^^^j^g^j^ ^' 
sixty-four of the acts of the year eighteen hundred and 
ninety-one is hereby amended by striking out the words 
"one person from each ward to be an assistant assessor", 
in the ninth and tenth lines, and inserting in place thereof 
the words : — two persons from each ward, one from each 
of the two principal political parties, to be assistant assess- 



64 



Acts, 1912. — Chap. 82. 



Appointment 
of certain 
officers of the 
city of Cam- 
bridge. 



ors, — and by inserting after the word "year", in the twelfth 
hne, the words : — The persons so appointed as assistant 
assessors shall perform together the work of assessing poll- 
taxpayers in their respective w^ards, — so as to read as 
follows : — Section 9. All officers of the city not elected by 
the qualified voters shall be resident citizens of the city 
of Cambridge, and shall, except as herein otherwise pro- 
vided, be appointed by the mayor, subject to confirmation 
by the board of aldermen, and for such terms respectively 
as are or may be fixed by law or ordinance, or, in case of an 
appointment to fill a vacancy, for the unexpired term. Sub- 
ject to confirmation, as aforesaid, the mayor shall annually 
in the month of February appoint two persons from each 
ward, one from each of the two principal political parties, 
to be assistant assessors for the term of one year, beginning 
with the first day of March of that year. The persons so 
appointed as assistant assessors shall perform together the 
work of assessing poll-taxpayers in their respective wards. 
No appointment made by the mayor shall be acted upon 
by the board of aldermen until the expiration of one week 
after such appointment is transmitted to said board, except 
by unanimous consent of said board. 
Section 2. This act shall take effect upon its passage. 

Approved February 9, 1912. 



Chap. 82 An Act relative to injunction proceedings against 

FRATERNAL BENEFICIARY CORPORATIONS AND ASSOCIA- 
TIONS. 

Be it enacted, etc., as follows: 

Section 1. Upon an information in equity in the name 
of the attorney-general at the relation of the insurance com- 
missioner the supreme judicial court or superior court shall 
have power to restrain by injunction any foreign or domestic 
corporation or unincorporated society, fraternity, order or 
other association or any officer, organizer or agent thereof 
from transacting, or assisting in transacting, within this 
commonwealth the business of paying death and disability 
benefits when the payment of such benefits by such cor- 
poration, society, fraternity, order or other association is in 
violation of the laws of this commonwealth. 

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

Approved February 9, 1912. 



Fraternal V)ene- 
ficiary corpora- 
tions, etc., 
may be en- 
joined from 
paying certain 
benefits, etc. 



Acts, 1912. — Chaps. 83, 84. 65 



An Act relative to the construction of a bridge over QJku) qq 
A highway in the village of millers falls in the 
town of erving. 

Be it enacted, etc., as follows: 

Section 1. The town of Erving is hereby authorized ^""Sgrover 
to permit the Millers Falls Company to connect its property ^^''J^n'V'^''" 
in the village of Millers Falls in the said town by a passage- town of Erving. 
way or bridge built over the way leading from Bridge street 
to River street in said village; the bridge to be not less than 
twelve feet above the roadway, not more than thirty-five 
feet wide, and otherwise constructed in such manner as 
shall be approved by the selectmen of the town of Erving. 

Section 2. Any person whose property is damaged by Damages. 
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 selectmen, as above provided. 

Section 3. This act shall be submitted to the voters Time of taking 
of the town of Erving at the annual town meeting in the ^^^^^' 
current year, and shall take effect upon its acceptance by 
a majority of the voters voting thereon. 

Section 4. This act shall take effect upon its passage. 

Approved February 9, 1912. 

An Act to change the name of wheaton female semi- (jhnjf qa 
nary to wheaton college, and to authorize said 

COLLEGE to GRANT DEGREES. 

Be it enacted, etc., as follows: 

Section 1. The name of Wheaton Female Seminary is Name changed. 
hereby changed to Wheaton College. 

Section 2. All devises, bequests, conveyances and gifts Devises, be- 
heretofore or hereafter made to said corporation by either of i"*'^*^- •'*•'• 
said names shall vest in Wheaton College. 

Section 3. The corporation of Wheaton College is May grant 
hereby authorized to grant the degree of Bachelor of Arts ^^'^^^^' 
and Master of Arts, and also such honorary testimonials 
and honorary degrees as may be granted by any college in 
the commonwealth. 

Section 4. This act shall take effect when the board JCV^ ^'''''"^ 
of education certifies to the secretary of the commonwealth 
that courses of college grade have been laid out and a college 
organization effected. Approved February 12, 1912. 



66 



Acts, 1912. — Chaps. 85, 86, 87. 



City of Boston 
may pay a 
pension to 
Elizabeth J. 
Dineen. 



Chap. 85 An Act to authorize the city of boston to pension the 

WIDOW OF DANIEL T. DINEEN. 

Be it enacted, etc., as follows: 

Section 1. Elizabeth J. Dineen, widow of Daniel T. 
Dineen who was a member of ladder company number 
seventeen of the Boston fire department, and who died 
from injuries received while in the performance of his duty 
at the Park square garage fire, January seventeen, nineteen 
hundred and nine, may be paid a pension of three hundred 
dollars per annum, payable in equal monthly amounts, 
for a period not exceeding ten years, from the funds provided 
for pensions to widows of firemen in the Boston fire depart- 
ment who are killed or die from injuries received in the dis- 
charge of their duties as firemen. But the pension shall 
cease in case the widow remarries within the said period. 

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

Approved February 14, 1912. 



Chap. 86 An Act to authorize the commonwealth trust com- 
pany TO increase its capital stock. 

Be it enacted, etc., as follows: 

Section 1. The Commonwealth Trust Company may 
increase its capital stock from time to time to an amount 
not exceeding two million dollars, subject to the provisions 
of chapter one hundred and eighty-nine of the acts of the 
year nineteen hundred and five. 

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

Approved February 14, 1912. 



Increase of 
capital stock. 



Chap. 87 An Act relative to the discharge of enlisted men in 

THE VOLUNTEER MILITIA. 

Be it enacted, etc., as follows: 

Chapter six hundred and four of the acts of 1 he year nine- 
teen hundred and eight is hereby amended by striking out 
section one hundred and three and inserting in place thereof 
the following: — Section 103. No enlisted man shall be 
discharged before the expiration of his term of service, except 
by order of the commander-in-chief, and for the following 
reasons: upon acceptance of promotion by commission; 



1908, 604, § 103, 
amended. 



Discharge of 
enlisted men. 



Acts, 1912. — Chap. 88. 67 

upon removal of residence from the commonwealth, or so 
far from the bounds of the command to which he belongs 
that he cannot, in the opinion of his commanding officer, 
properly perform his military duty; upon disability, estab- 
lished by certificate of a medical officer; upon conviction of 
a felony; when in the opinion of the commander-in-chief the 
interests of the service require his discharge; to carry out 
the sentence of a court-martial; or upon application of his 
company commander, approved by a superior commander: 
■provided, however, that whenever the commanding officer of a Proviso, 
company shall apply to his superior commander for the dis- 
charge of an enlisted man as last provided above, he shall at 
once notify the enlisted man of such application; and 
should the enlisted man, within seven days after such notifi- 
cation by his company commander, apply directly to the 
commanding officer of his organization, or, in case of un- 
attached companies, to the adjutant general, for a hearing 
upon the application for his discharge, he shall be given a 
hearing, and, if he so requests, shall be represented by coun- 
sel, at his own expense. Approved February 14, 1912. 



An Act to authorize the second church, of boston, to rjhQrf cc 

HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The Second Church, of Boston, incorporated ^JJf ^"J^'o^f' 
by special act on the fourth day of February, in the year estate. 
eighteen hundred and twenty-four, the name of which was 
changed by chapter sixty-five of the acts of the year eighteen 
hundred and forty-five, from the Second Church and Society 
of Boston to the Second Church, is hereby authorized to 
hold real and personal estate to an amount not exceeding one 
million five hundred thousand dollars, which shall be devoted 
to the purposes set forth in its charter; and it may receive 
and hold, in trust or otherwise, funds received by gift or 
bequest or otherwise, to be devoted by it to the said pur- 
poses. 

Section 2. So much of section one of said act of iiicor- Repeal. 
poration as is inconsistent herewith is hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved February 14, 1012. 



68 Acts, 1912. — Chaps. 89, 90, 91, 92. 



Chap. 89 An Act to authorize the Arlington trust company op 

LAWRENCE TO HOLD CERTAIN REAL ESTATE. 

Be it enacted, etc., as follows: 

Sfn r^i'^este'te. Section 1. The Arlington Trust Company, incorporated 
under the provisions of the statutes of this commonwealth, 
is hereby authorized to hold the real estate in the city of 
Lawrence now occupied by it for the transaction of its busi- 
ness. 

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

Approved February I4, 1912. 

Chap. 90 An Act to authorize trust companies to hold certain 

REAL ESTATE. 

Be it enacted, etc., as follows: 

Urn reai^estate Trust compauics which succeed, or which have succeeded, 
to the business of national banks may continue to hold the 
real estate owned by such national banks and used in the 
transaction of their business. 

Approved February 14, 1912. 

Chap. 91 An Act making an appropriation for the suppression 
OF the gypsy and brown tail moths. 

Be it enacted, etc., as follows: 

Appropriation Section 1. The sum of one hundred and fifty thousand 

suppression of • i i • i i • t i> i 

gypsy and dollars IS hereby appropriated, to be paid out or the treasury 
moths. of the commonwealth from the ordinary revenue, for the 

suppression of the gypsy and brown tail moths and for 
expenses incidental thereto, as authorized by chapter four 
hundred and fifty-two of the acts of the year nineteen hun- 
dred and nine. 

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

Approved February I4, 1912. 

Chap. 92 An Act relative to replacing the bridge over the 

CHARLES RIVER BETWEEN NORTH HARVARD STREET IN THE 
CITY OF BOSTON AND BOYLSTON STREET IN THE CITY OF 
CAMBRIDGE. 

Be it enacted, etc., as follows: 

Approaches to SECTION 1. The metropolitan park commission, for the 
over the purposc of providing suitable approaches to a bridge over the 

^^^area iver, (~-jjg^j.|gg j-jyer bctwccn North Harvard street in the city of 



Acts, 1912. — Chap. 93. 69 

Boston and Boylston street in the city of Cambridge, to be 
constructed under authority of chapter six hundred and 
twenty-eight of the acts of the year nineteen hundred and 
ten, and chapter four hundred and thirty-nine of the acts 
of the year nineteen hundred and eleven, may occupy, close 
to travel, change the grade of, alter and reconstruct so much 
of said streets as said commission may deem necessary, and 
for this purpose may enter on public or private land, and 
may expend out of the treasury of the commonwealth a 
sum not exceeding thirty thousand dollars. When the work 
of changing the grade and the altering or reconstructing the 
approaches of said streets to said bridge has been completed, 
said commission shall certify to the treasurer and receiver 
general the cost of the work incurred in each of said cities, 
and the treasurer and receiver general shall include such 
cost in each city in the next annual state tax thereafter of 
that city. Any person whose land is injured by the change Damages, 
of grade of any street or public way as herein provided, upon 
petition brought against the city in which such land lies, 
within one year after the work of changing the grade has been 
completed, may have his damages assessed by a jury of the 
superior court in the same manner as is provided by law 
with respect to the recovery of damages sustained by reason 
of the laying out of ways, and such damages shall be paid 
by the commonwealth, and when so paid, the treasurer and 
receiver general shall include the amount in the next annual 
state tax thereafter of that city. When the work of replacing 
or rebuilding said bridge shall have been completed and said 
commission shall have so certified in WTiting to the respective 
mayors of the two cities, the bridge shall thereafter be main- 
tained and policed by said cities under and in accordance 
with the provisions of law governing the maintenance and 
policing of bridges between the cities of Boston and Cam- 
bridge. 
Section 2. This act shall take effect upon its passage. 

Approved February I4, 1912. 

An Act making appropriations for the salaries and QJidjy 93 

EXPENSES OF THE BOARD OF HARBOR AND LAND COM- 
MISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth andtand'^com- 
from the ordinary revenue, for the salaries and expenses of ""ssioners. 



70 



Acts, 1912. — Chap. 94. 



Commission- 
ers, salary. 



Engineers, etc. 



Travelling 
expenses, etc. 

Office expenses. 



Printing atlases. 



Improvement 
of rivers, etc. 



Surveys, etc. 



Removal of 
wrecks, etc. 



the board of harbor and land commissioners, for the fiscal 
year ending on the thirtieth day of November, nineteen hun- 
dred and twelve, to wit : — 

For the salaries of the commissioners, eighty-seven hun- 
dred dollars. 

For the compensation and expenses of engineers and for 
clerical and other assistance, a sum not exceeding thirty-six 
thousand dollars. 

For travelling and other necessary expenses, a sum not 
exceeding seven hundred and fifty dollars. 

For incidental and contingent office expenses, to include 
the printing and binding of the annual report, a sum not 
exceeding two thousand dollars. 

For printing town boundary atlases, a sum not exceeding 
twenty-five hundred dollars. 

For the improvement and protection of rivers, harbors, 
tide waters and foreshores, a sum not exceeding one hundred 
thousand dollars. 

For surveys of harbors, improving and preserving the 
same, and repairing damages occasioned by storms along the 
coast line or river banks of the commonwealth, a sum not 
exceeding three thousand dollars. 

For removal of wrecks and other obstructions from tide 
waters, a sum not exceeding two thousand dollars. 

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

Ayinoved February I4, 1912. 



Trustees of the 
Ropes Memo- 
rial incorpo- 
rated. 



Chap. 94 An Act to incorporate the trustees of the ropes 

MEMORIAL. 

Be it enacted, etc., as follows: 

Section 1. Edward S. Morse, George W. Grant, Eugene 
J. Fabens, John S. Williams, William R. Colby, John P. Felt, 
William M. Jelly, Robert M. Mahoney, Charles W. Richard- 
son, Francis A. Seamans, John F. Browning and WilUam S. 
Felton, all of Salem, and John Robinson of Manchester, 
and their successors, are hereby made a corporation by the 
name of the Trustees of the Ropes Memorial, to carry out 
the trusts created by section one of the w^lls of Mary P. 
Ropes and Eliza O. Ropes, both deceased, late of Salem, for 
founding a memorial to the family of the late Judge Nathaniel 
Ropes, and in connection therewith to arrange for instruction 
in botany and the cultivation of flowers, plants and trees, 



Acts, 1912. — Chap. 94. 71 

and for carrying out in general the wishes of the said Mary P. 
Ropes and Eliza O. Ropes as expressed in their wills. The 
said corporation shall have all the powers and privileges 
and be subject to all the duties, liabilities and restrictions 
set forth in all general laws now or hereafter in force relating 
to corporations having like purposes, except as may other- 
wise be provided herein. 

Section 2. The said corporation shall establish by-laws By-iaws. 
providing for the method of electing its members and for 
the appointment or election of such officers and committees 
as it shall deem expedient, and for the general management 
of the affairs of the corporation. 

Section 3. The said corporation shall elect from its officers, eiec- 
members a president, and shall also elect a secretary and '°°' *" "' 
treasurer, which offices may be held by the same person, who 
need not be a member of the corporation, and such other 
officers and committees as may be required by the by-laws 
to be elected by said corporation. 

Section 4. The treasurer shall give bond to the cor- Treasurer to 
poration, with sufficient sureties, for the faithful perform- ^"''^ ^°"'^- 
ance of the duties of his office. 

Section 5. Edward S. Morse, George W. Grant, Eugene certain prop- 
J. Fabens, John S. Williams, William R. Colby, John P. con^veyecTto 
Felt, William M. Jelly, Robert M. Mahoney, Charles W. 
Richardson, Francis A. Seamans, John F. Browning, William 
S. Felton and John Robinson, trustees under the first section 
of the wills of said Mary P. Ropes and Eliza O. Ropes by 
appointment of the probate court for the county of Essex, 
or a majority of them, are hereby authorized and directed 
to convey to said corporation all the real and personal estate 
now held by them as such trustees, and said real and per- 
sonal estate shall be held by said corporation upon the same 
terms and conditions as the estate devised and bequeathed 
to the Essex Institute by said wills; and upon the filing in 
said probate court by the said trustees of a written state- 
ment signed by said corporation acknowledging that it has 
received from said trustees all the real and personal property 
held by them under the wills of both said Mary P. Ropes 
and said Eliza O. Ropes, their duties as such trustees shall 
cease, and they shall be relieved from all further liability as 
such trustees. 

Section 6. This act shall take effect upon its passage. 

Approved February I4, 1912. 



the trustees, 
etc. 



72 



Acts, 1912. — Chaps. 95, 96. 



1905, 248, § 4, 
amended. 



Chap. 95 An Act relative to the establishment of a park in the 

TOWN OF AMESBURY. 

Be it enacted, etc., as folloivs: 

Section 1. Section four of chapter two hundred and 
fortj'-eight of the acts of the year nineteen hundred and five 
is hereby amended by striking out the words "without the 
payment of any consideration by the town", at the end of the 
said section, and inserting in place thereof the words : — 
upon the payment by the town of the amount due upon 
certain mortgages upon the said real estate amounting to a 
sum not exceeding seven thousand dollars; and the town is 
hereby authorized to raise b}^ taxation and to pay the said 
sum for the said real estate upon the execution of a proper 
deed thereof to the town, — so as to read as follows : — 
Section 4- Said corporation shall, upon the adoption by 
the town of Amesbury of the general laws of this common- 
wealth relating to public parks, convey the real estate and 
personal property so held by it to the said town upon the 
payment by the town of the amount due upon certain 
mortgages upon the said real estate amounting to a sum not 
exceeding seven thousand dollars; and the town is hereby 
authorized to raise by taxation and to pay the said sum for 
the said real estate upon the execution of a proper deed 
thereof to the town. 

Section 2. This act shall be submitted to the voters of 
the town of Amesbury at the annual town meeting in the 
current year and shall take effect upon its acceptance by a 
majority of the voters voting thereon. 

Ajyproved February 14, 1912. 



Property to be 
conveyed to 
town under 
certain con- 
ditions. 



Time of taking 
effect. 



Chap. 96 An Act relative to providing seats for women and 
minors in manufacturing, mechanical and mercan- 
tile establishments. 

Be it enacted, etc., as follows: 

Chapter five hundred and fourteen of the acts of the year 
nineteen hundred aiid nine is hereby amended by striking 
out section seventy-two and inserting in place thereof the 
following: — Section 72. Whoever employs women or chil- 
dren in any manufacturing, mechanical or mercantile estab- 
lishment shall provide for their use and permit them to use 
suitable seats whenever they are not necessarily engaged^ in 
the active duties of their employment, and shall also provide 



1909, 514, § 72, 
amended. 



Seats to be 
provided for 
female em- 
ployees, etc. 



Acts, 1912. — Chaps. 97, 98. 73 

for their use and permit them to use suitable seats while the}" 
are at work, except in such cases and at such times as the 
work cannot properly be performed in a sitting position. 
Whoever violates the provisions of this section shall be 
punished by a fine of not less than ten nor more than thirty 
dollars for each offence. 

Approved February 14, 1912. 

An Act to provide penalties for failure of banks to nhr,^ 07 

FILE returns W^ITH THE BANK COMMISSIONER. ^' 

Be it enacted, etc., as follows: 

Section thirteen of chapter five hundred and ninety of 1908, 590, § 13, 
the acts of the year nineteen hundred and eight is hereby ^'"*^" ^ 
amended by adding at the end thereof the words: — Any bank 
neglecting to make the returns required by law or by the bank 
commissioner, or failing to amend such report w^thin fifteen 
days after notice from the bank commissioner, shall forfeit 
to the commonwealth five dollars for each day during which 
such neglect continues, to be recovered by an information in 
equity in the name of the attorney-general at the relation of 
the bank commissioner, brought in the supreme judicial 
court for the county of Suffolk, — so as to read as follows: — 
Section 13. In addition to the reports required by law to Reports to be 
be made, such banks shall make such other statements and commL^ione^. 
reports to the commissioner as he may require. The com- 
missioner shall furnish blank forms for all statements or 
reports required to be made to him. Any bank neglecting penalty, 
to make the returns required by law or by the bank com- 
missioner, or failing to amend such report within fifteen days 
after notice from the bank commissioner, shall forfeit to 
the commonwealth five dollars for each day during which 
such neglect continues, to be recovered by an information in 
equity in the name of the attorney-general at the relation of 
the bank commissioner, brought in the supreme judicial 
court for the county of Suffolk. 

Approved Fehniary I4, 1912. 

An Act to authorize the town of framingham to hold (Jfiar), 98 

CERTAIN land CONVEYED BY THE TRUSTEES OF FRAMING- 
HAM ACADEMY. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Framingham, The town of 
in their corporate capacity, are hereby authorized and em- n,^a™hofd^Tr- 

tain land, etc. 



74 



Acts, 1912. — Chap. 99. 



May erect and 
maintain a 
grade school- 
house, etc. 



Repeal. 



Time of taking 
effect. 



powered to own and hold in fee simple free and discharged of 
all trusts and without further obligation on the part of said 
inhabitants to hold, own and use the same for the purposes 
prescribed in chapter one hundred and seventj^-eight of the 
acts of the year eighteen hundred and fifty-one, "the High 
School Lot", so-called, in said town, being the real estate 
heretofore conveyed by The Trustees of the Framingham 
Academy to said inhabitants under the provisions of said 
chapter, and said real estate is hereby discharged and re- 
lieved of all and singular the trusts and requirements in said 
chapter annexed thereto, and said inhabitants are hereby 
relieved and discharged from all obligations to conform to 
and observe said trusts and requirements. 

Section 2. The inhabitants of Framingham, in their 
corporate capacity, are hereby authorized and it shall be 
lawful for them to erect and maintain on said real estate a 
grade schoolhouse, and to maintain thereon a grade school 
in place and stead of such school as is required by said chapter 
one hundred and seventy-eight to be maintained thereon, 
and the use of said real estate for such purposes, and the 
discontinuance of the maintenance thereon of such a school 
as is required by said chapter, shall not be deemed at any 
time hereafter to be contrary to the terms and requirements 
of said chapter, or as a failure, neglect or refusal on the part 
of said inhabitants to conform to and comply with said terms 
and requirements. 

Section 3. So much of said chapter one hundred and 
seventy-eight as is inconsistent herewith is hereby repealed. 

Section 4. This act shall take effect upon its accept- 
ance by a majority of the voters of the town of Framingham 
present and voting thereon at a meeting called for the pur- 
pose. Ajjproved February 14, 1912. 



Chap. 99 An Act to authorize the town of easthampton to issue 

NOTES OR BONDS FOR THE PURPOSE OF PAYING CERTAIN 
LIABILITIES. 

Be it enacted, etc., as follows: 

Section 1. The town of Easthampton, for the purpose 
of refunding a part of the notes given by the town for the 
sum of thirty-eight thousand dollars, dated September first, 
nineteen hundred and two, and payable September first, 
nineteen hundred and twelve, and issued for the purpose of 
purchasing land and erecting one or more school buildings 



The town of 
Easthampton 
may issue 
notes, etc., to 
pay certain 
liabilities. 



Acts, 1912. — Chap. 100. 75 

and furnishing the same, is hereby authorized to incur in- 
debtedness to an amount not exceeding thirty thousand 
dollars, and may issue notes, bonds or scrip therefor. Such 
notes, bonds or scrip shall be dated July first, nineteen hun- 
dred and twelve, and be payable in fifteen annual instal- 
ments of two thousand dollars each, the first payment to be 
made July first, nineteen hundred and thirteen. The notes, 
bonds or scrip shall bear interest at a rate not exceeding 
four per cent per annum, and the amount required to meet 
such payments and interest shall annually be assessed by the 
assessors of the town in the same manner in which other taxes 
are assessed, until the debt incurred by said loan is extin- 
guished. 

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

Ajjproved February IG, 1912. 



An Act to authorize the city of medford to borrow 
money for school purposes. 



Chap.im 



Be it enacted, etc., as follows: 

Section 1. The city of Medford, for the purpose of Koi'Loan. 
constructing and equipping an addition to the high school ^""^ °f ^^'-• 
building in that city, may issue from time to time notes or 
bonds to an amount not exceeding two hundred thousand 
dollars, and the same shall not be reckoned in determining 
the statutory limit of indebtedness of the city. Such notes 
or bonds shall bear on their face the words, IMedford School 
Loan, Act of 1912, shall be payable at the expiration of such 
periods, not exceeding twenty years from the date of issue, 
and shall bear interest payable semi-annually at such rate, 
not exceeding four per cent per annum, as the board of alder- 
men shall determine; and shall be signed by the mayor and 
treasurer, and countersigned by the auditor. 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. 

Section 2. The provisions of section thirteen of chapter certain provi- 
twenty-seven of the Revised Laws, as amended by chapter to^appiy.''''^ 
three hundred and forty-one of the acts of the year nineteen 
hundred and eight, and by chapter three hundred and fifty 
of the acts of the year nineteen hundred and eleven, shall 
apply to the loan authorized by this act. 

Section 3. This act shall take effect upon its passage. 

Approved February IG, 1912. 



76 



Acts, 1912. — Chaps. 101, 102. 



The Market- 
men's Relief 
Association 
reincorporated. 



Chap. 101 An Act to reincorporate the marketmen's relief 

ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1. The Marketmen's Relief Association, a cor- 
poration duly organized under chapter one hundred and 
twenty-five of the Revised Laws, is hereby reincorporated 
under and made subject to the provisions of chapter six 
hundred and twenty-eight of the acts of the year nineteen 
hundred and eleven and of all acts in amendment thereof 
relating to the class of fraternal beneficiary corporations de- 
scribed in section twenty-nine of said chapter six hundred and 
twenty-eight, the reincorporation to be in effect when said 
association shall have received from the insurance commis- 
sioner a certificate that its by-laws have been amended so as 
to comply with the requirements of said last named chapter 
and of this act. The said corporation shall have all the 
powers, rights and privileges, and shall be subject to all the 
duties, liabilities and requirements pertaining to such cor- 
porations. 

Section 2. No person shall hereafter be admitted as a 
member of said corporation unless he has an interest as 
a proprietor of a market, or is a male employee of such a 
proprietor, within that part of the city of Boston called the 
Market District as defined by the order of the street com- 
missioner of Boston, dated April fourteenth, eighteen hun- 
dred and ninety-seven. No death benefit in excess of one 
thousand dollars or disability benefit in excess of twenty 
dollars per week for any period exceeding fifty weeks shall 
be paid by said corporation. 

Section 3. This act shall take effect upon its passage. 

Approved February 16, 1912. 



Membersliip. 



Death or dis- 
ability benefits. 



Chav. 102 An Act to incorporate the park street cemetery as- 
sociation IN WEST SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. Robert D. White, Frank L. Worthy, Daniel 
J. Marsh, Fred H. Sibley, Harrison Loomis, Josephine B. 
Phelon and Sarah I. Cooley, their associates and successors, 
are hereby made .a corporation by the name of Park Street 
Cemetery Association, for the purpose of acquiring, holding, 
maintaining, improving and enlarging for a place of burial 



Park Street 
Cemetery 
Association 
incorporated. 



Acts, 1912. — Chap. 103. 77 

of the dead, certain land set apart and known as the Park 
Street cemetery, situated in the town of West Springfield, 
and lying on the northerly side of Park street, between land 
occupied by the town hall and land of the first parish in West 
Springfield. The said corporation shall have all the powers 
and privileges and be subject to all the duties, restrictions 
and liabilities contained in all general laws now or hereafter 
in force relating to such corporations, except as is otherwise 
provided herein. 

Section 2. The membership shall be limited to persons Membership. 
who now or hereafter may own lots in said cemetery, or who 
have relatives buried there, or who have heretofore con- 
tributed funds to be used for the benefit of said cemetery, or 
who are now members of a voluntary association called the 
Park Street Cemetery Association. 

Section 3. The said corporation is hereby authorized Jo"ntroiof'the'^ 
to acquire possession and control of said cemetery and all cemetery. 
funds now in the possession of said voluntary association, 
and may, from time to time, acquire, by purchase, gift, be- 
quest, devise or otherwise, and may hold, in trust or other- 
wise, so much real and personal property as may be necessary 
or appropriate for the purposes of said corporation: provided, Proviso. 
that nothing herein contained shall affect the individual 
rights of proprietors in said cemetery. 

Section 4. The said corporation may by its by-laws officers of the 
provide for such officers as may be necessary and may define powerTLnd' 
their powers and duties, and may also provide for the care duties, etc. 
and management of the cemetery and for the sale of lots, and 
for the management of any funds which the corporation 
may hold, and for any other matters incident to the purposes 
of the corporation. Approved February 16, 1912. 



Chap.lOS 



An Act to extend the provisions of the act for the 

PAROLE of prisoners FROM THE STATE PRISON TO PRIS- 
ONERS WHO ARE REMOVED TO THE MASSACHUSETTS RE- 
FORMATORY. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter four hundred and ^''^i°^^^"^ 
fifty-one of the acts of the year nineteen hundred and eleven, 
relative to the release of prisoners from the state prison on 
parole, shall apply to prisoners who are transferred from the 
state prison to the Massachusetts reformatory; and any 



78 



Acts, 1912. — Chap. 104. 



such prisoner who becomes ehgible for release may apply for 
release on parole, and the application shall be transmitted 
to the prison commissioners by the superintendent. 
Section 2. This act shall take effect upon its passage. 

Ajjproved February 16, 1912. 



U. L. 75, § 4, 
etc., amended. 



Powers and 
duties of state 
board of 
health. 



C/iap.l04 An Act relative to specific material for anti-typhoid 

INOCULATION TO BE FURNISHED BY THE STATE BOARD OF 
HEALTH. 

Be it enacted, etc., as follows: 

Section four of chapter seventy-five of the Revised Laws, 
as amended by chapter four hundred and eighty of the acts 
of the year nineteen hundred and three, is hereby further 
amended by inserting after the word "lymph", in the 
sixteenth line, the words : — and such specific material for 
protective inoculation against typhoid fever and other dis- 
eases as said board may, from time to time, deem it advisable 
to produce and distribute, — so as to read as follows : — 
Section 4. Said board shall take cognizance of the interests 
of health and life among the citizens of the commonwealth, 
make sanitary investigations and inquiries relative to the 
causes of disease, and especially of epidemics, the sources of 
mortality and the effects of localities, employments, con- 
ditions and circumstances on the public health, and relative 
to the sale of drugs and food and the adulterations thereof; 
and shall gather such information relati^'e thereto as it con- 
siders proper for diffusion among the people. It shall advise 
the government relative to the location and other sanitary 
conditions of any public institution; and shall have oversight 
of inland waters, sources of water supply and vaccine in- 
stitutions, and may, for the use of the people of the common- 
wealth, produce and distribute antitoxin and vaccine lymph 
and such specific material for protective inoculation against 
typhoid fever and other diseases as said board may, from 
time to time, deem it advisable to produce and distribute. 
It shall annually examine all main outlets of sewers and 
drainage of cities and towns of the commonwealth, and the 
effect of sewage disposal, and shall annually report thereon 
to the general court, with such recommendations for the 
protection of the interests of persons and property and for 
the prevention of offensive odors and objectionable conditions 
as it considers expedient. Ayyroved February 16, 1912. 



Acts, 1912. — Chaps. 105, 106. 79 



An Act making appropriations for the compensation (JJkxj) x05 
and expenses of the board of commissioners on fish- 
eries and game. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropna- 
priated, to be paid out of the treasury of the commonwealth slCnera'^on fiX 
f rom the ordinary revenue, for the compensation and expenses ^™^ '^"'^ ^'*'"''- 
of the board of commissioners on fisheries and game, for the 
fiscal year ending on the thirtieth day of November, nine- 
teen hundred and twelve, to wit: — 

For compensation of the commissioners, a sum not exceed- Commission- 
ing fifty-six hundred and thirty dollars. era, compensa- 

For travelling and other expenses, including the i)rinting Travelling ex- 
and binding of the annual report, a sum not exceeding forty- ^'^^^^^' 
one hundred and twenty-five dollars. 

For clerical services, a sum not exceeding thirty-five liun- clerical ser- 
dred and eighty dollars. 

For enforcement of the laws relating to fisheries and game. Enforcement 
for the propagation and distribution of fish, birds and other °^ ^'^^^' '^^'^' 
animals, and for rent and maintenance of hatcheries, a sum 
not exceeding fifty-eight thousand six hundred and seventy 
dollars. 

For stocking great ponds with food fish, a sum not exceed- stocking great 
ing five hundred dollars. '^°^^' 

For stocking brooks with food fish, a sum not exceeding stocking 
one hundred dollars. ^°° ^' 

For the protection of lobsters with eggs attached, a sum Protection of 
not exceeding twenty-five hundred dollars. lobsters. 

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

Approved February 16, 1912. 

An Act to provide for the establishment and main- riUf.^ ir)« 

TENANCE OF EVENING CLASSES IN THE PRACTICAL ARTS ^ ' 

FOR WOMEN. 

Be it enacted, etc., as follows: 

Any city or town may, through its school committee, or Evening classes 
other board of trustees for vocational education, establish eduSon'fOT 
and maintain separate evening classes in household and other ^^o^^n. 
practical arts. Such classes shall be known as practical art 
classes, shall be open to all women over seventeen years of 
age who are employed in any capacity during the day, and 



80 



Acts, 1912. — Chaps. 107, 108. 



may be established and maintained as approved state-aided 
practical art classes under the provisions of, and subject to 
all the conditions, not inconsistent with this act, of chapter 
four hundred and seventy-one of the acts of the year nine- 
teen hundred and eleven. 

Approved February 16, 1912. 



Terms of office, 
etc., of officials 
of the city of 
Pittsfield. 



Chap. 107 An Act relative to the terms of office and salaries 

OF THE CITY OFFICIALS OF THE CITY OF PITTSFIELD. 

Be it enacted, etc., as follows: 

Section 1. All the officials of the city of Pittsfield pro- 
vided for by Part I of chapter seven hundred and thirty-two 
of the acts of the year nineteen hundred and eleven shall 
continue to hold office for the terms and shall be paid the 
salaries provided by law in force at the time when said Part 
I became the charter of the city of Pittsfield, and said chap- 
ter seven hundred and thirty-two shall not change or aft'ect 
the terms or salaries of any such officials. The city council 
shall, under the provisions of said Part I, elect officials to fill 
the same unexpired terms which it might have filled under 
the provisions of chapter three hundred and two of the acts 
of the year eighteen hundred and ninety-five and acts in 
amendment thereof and in addition thereto. 

Section 2. The municipal election under the provisions 
of said chapter seven hundred and thirty-two shall take 
place annually on the first Tuesday of December. 

Approved February 16, 1912. 



Municipal 
election. 



Chav.\X)d> An Act to authorize the town of Princeton to use 

CERTAIN FUNDS FOR A TOWN HISTORY. 

Be it enacted, etc., as follows: 

Section 1. The town of Princeton is hereby authorized 
to use the funds obtained from the sale of the Meeting House 
Hill land for the preparation and publication of a history of 
the town, and if there is any remainder it shall be devoted 
to the town library. The said land was conveyed as a gift 
to the town by John Mirick, junior, and Caleb Mirick in 
the year seventeen hundred and sixty, and the town was 
authorized to sell the same by chapter one hundred and 
forty-six of the acts of the year eighteen hundred and seventy- 
five. 



The town of 
Princeton to 
use certain 
funds for pub- 
lication of a 
town history. 



Acts, 1912. — Chaps. 109, 110. 81 

Section 2. This act shall be submitted to the voters of Ji™t°^ '^^'°^ 
the town of Princeton at the annual town meeting in the 
current year, and shall take effect upon its acceptance by a 
majority of the voters voting thereon. 

Ajyproved February 16, 1912. 

An Act relative to the distribution of the blue book. qJiq^ jqq 
Be it enacted, etc., as follows: 

Section 1. Section one of chapter eighty of the acts of amended! *' 
the year nineteen hundred and ten is hereby amended by 
inserting at the end thereof the words: — Twenty-five copies 
shall be placed at the disposal of the secretary of the com- 
monwealth for distribution in certain important cases not 
otherwise provided for by law, — so as to read as follows : — 
Section 1. The secretary of the commonwealth, the treas- Distribution 
urer and receiver general and the auditor of the common- ^^k. ^'"^ 
wealth shall annually receive four copies of the volume 
provided for by section one of chapter nine of the Revised 
Laws, and known as the Blue Book, said copies to be in 
addition to the one copy provided for by section two of said 
chapter nine; and each city and town treasurer and auditor, 
and, upon application, the chairman of each board of city 
and town officials elected by the voters of the city or town, 
shall annually receive one copy of said volume for the use of 
the city or town, Twenty-rfive copies shall be placed at the 
disposal of the secretary of the commonwealth for distribution 
in certain important cases not otherwise provided for by law. 

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

Approved February 16, 1912. 

An Act to establish a close season on pickerel, Chav.WO 
Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for a person to take ciosc season 
or have in possession pickerel between the first day of March '^^^ 
and the first day of May of any year. 

Section 2. Violation of this act shall be punished by a Penalty. 
fine of not more than ten dollars for each offence. 

Approved February 16, 1012. 



82 



Acts, 1912. — Chaps. Ill, 112, 113. 



Chap. Ill An Act to confirm the nomination and election of 

TOWN OFFICERS IN THE TOWN OF SWAMPSCOTT IN THE 
CURRENT YEAR. 

Be it enacted, etc., as follows: 

^nTeiection Section 1. All nomination papers jBled on or before the 

of town officers Monday preceding the election of town officers in the town of 
Swampscott, and the election of officers so nominated, shall 
for the year nineteen hundred and twelve be valid. 
Section 2. This act shall take effect upon its passage. 

Ajjproved February 16, 1912. 



Chap. 112 An Act to provide for the suppression of the gypsy 

AND BROWN TAIL MOTHS DURING THE CURRENT YEAR. 

Be it enacted, etc., as follows: 

Section 1. The state forester is hereby authorized to 
expend for the suppression of the gypsy and brown tail 
moths during the fiscal year ending November thirty, nine- 
teen hundred and twelve, and for expenses incidental thereto, 
a sum not exceeding one hundred thousand dollars, the same 
to be in addition to any amount heretofore appropriated for 
this purpose. 

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

Approved February 19, 1912. 



Appropriation, 
suppression of 
the gypsy and 
brown tail 
moths. 



Chav. 11^ An Act to authorize the Leopold morse home for in- 
firm HEBREWS AND ORPHANAGE TO TRANSFER THE INCOME 
FROM ITS FUNDS AND PROPERTY TO THE HOME FOR DESTITUTE 
JEWISH CHILDREN, INCORPORATED. 

Be it enacted, etc., as follows: 

Section 1. The Leopold Morse Home for Infirm He- 
brews and Orphanage, a Massachusetts charitable corpora- 
tion, is hereby authorized to transfer, assign, set over and 
convey the income from any and all of the funds and prop- 
erty held by it, as the same may from time to time accrue, 
to the Home for Destitute Jewish Children, Incorporated, 
a Massachusetts charitable corporation, and the said Home 
for Destitute Jewish Children, Incorporated, is hereby au- 
thorized to receive, hold, manage and dispose of the same as 
trustee, in such way as it raay from time to time deem best 



Transfer of 
income of 
properly, etc. 



Acts, 1912. — Chap. 114. 83 

for the fulfillment of the charitable purposes of the said last 
named corporation. 

Section 2. The authority hereby granted shall be exer- Exercise of 
cised only in conformity with a decree of the supreme judicial *" *'"'^' 
court, sitting in equity, in the county of Suffolk, to be entered 
within one year after the passage of this act. 

Section 3. This act shall take effect when it shall have Time of taking 
been accepted by the votes of the board of directors of each 
of said corporations. Approved February 19, 1912. 



An Act to secure equality of representation of towns Chav. 114: 
ON the joint committee of a superintendency union. 

Be it enacted, etc., as follows: 

Section 1. Section forty-three of chapter forty-two of ^c.^'ameidtd. 
the Revised Laws, as amended by chapter three hundred 
and ninety-nine of the acts of the year nineteen hundred 
and eleven, is hereby further amended by striking out the 
word "which", in the twelfth line, and inserting in place 
thereof the words : — provided, that any school committee 
consisting of more than three members shall be represented 
on the joint committee by its chairman and two members, 
chosen by said school committee. This joint committee, 
— so as to read as follows : Section 43- The school com- union of towns 
mittees of two or more towns the valuation of each of which is ment"of su^r- 
less than two million five hundred thousand dollars, and schwi'sT*^"^ 
the aggregate number of schools in all of which is not more 
than fifty nor less than twenty-five, and the school committees 
of four or more towns the valuation of each of which does 
not exceed two million five hundred thousand dollars, without 
reference to the minimum limit in the aggregate number of 
schools aforesaid, shall form a union for the purpose of em- 
ploying a superintendent of schools. The school com- 
mittees of such towns shall be a joint committee: provided, P"''^'^°- 
that any school committee consisting of more than three 
members shall be represented on the joint committee by its 
chairman and two members, chosen by said school committee. 
This joint committee, for the purposes of such union, shall 
be the agents of each town therein. Such union shall not 
be dissolved except by vote of a majority of the towns con- 
stituting, the union, and the consent of the board of education 
to such dissolution, nor shall it be dissolved for the reason 
that the valuation of any one of the towns shall have so in- 



84 Acts, 1912. — Chaps. 115, 116, 117. 

creased as to exceed two million five hundred thousand dol- 
lars, nor for the reason that the number of schools shall have 
increased beyond fifty or, in a union of less than four towns, 
shall have decreased below twenty-five. 
T^me of taking Section 2. This act shall take effect on the first day of 
July in the year nineteen hundred and twelve. 

Approved February 19, 1912. 

Chap. Wb An Act relative to the expenses of the sheriff of 

THE COUNTY OF MIDDLESEX. 

Be it enacted, etc., as follows: 

'^n^l]^^^^^' The sheriff for the county of Middlesex shall receive 
annually three hundred dollars in full compensation for his 
travelling expenses, to be so allowed from the first day of 
January in the year nineteen hundred and twelve. 

Approved February 19, 1912. 

C/iap. 116 An Act relative to transportation, rations and sup- 
plies IN tours of duty of the militia. 

Be it enacted, etc., as follows: 

Sfi^ve'to''^^ Section 1. Section one hundred and forty-nine of 
transportation chapter six huudrcd and four of the acts of the year nineteen 
militia. hundred and eight, relative to the furnishing of transporta- 

tion, rations and supplies for the militia by cities and towns 
in certain cases, is hereby repealed. 
Section 2. This act shall take effect upon its passage. 

Approved February 19, 1912. 



Chap. 117 An Act relative to excusing regimental bands of the 

MILITIA FROM CAMP DUTY. 

Be it enacted, etc., as follows: 
Regimental SECTION 1. Commanding officers of organizations to 

bands of mill- , . , i i •!• i i • i i i 

tia excused which are attached military bands, may, with the approval 
duty. *' of the commander-in-chief, excuse the members of such bands 
from performing the annual tours of camp duty with their 
organizations, or any part of such tours, and at any time 
thereafter may, with the approval of the commander-«in-chief, 
order such bands to perform duty from time to time not in 
excess of the number of days for which they were excused 



Acts, 1912. — Chaps. 118, 119, 120. 85 

from camp duty, and the members of the bands shall be 
paid for such duty at the same rate and with the same 
allowance which they would have received had they per- 
formed such duty at camp. 

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

Apyroved February 19, 1912. 



An Act to authorize the trustees of the general (JJku) i\g 

CHARITABLE SOCIETY OF NEWBURYPORT TO HOLD ADDI- 
TIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follovjs: 

Section 1. The Trustees of the General Charitable May hold real 
Society of Newburyport are hereby authorized to hold real ertatef'^^'"^'*^ 
and personal estate to an amount not exceeding seventy-five 
thousand dollars, which property and the income derived 
therefrom shall be devoted to the purposes set forth in the 
charter of the corporation. 

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

Ai^proved February 19, 1912. 



An Act relative to the dating of life insurance poli- fii -. -. q 

CIES. ^* 

Be it enacted, etc., as folloivs: 

Section 1. No policy of life insurance shall be issued Dating of ufo 
or delivered in this commonwealth if it shall purport to be policies, 
issued or to take effect at an age lower than the age of the 
applicant at his nearest birthday at the time of the original 
written application. 

Section 2. This act shall take effect sixty days after its Time of taking 
passage. Approved February 19, 1912. ®^*''"'" 



An Act relative to notices of intention of marriage. Phdy 120 
Be it enacted, etc., as follows: 

Section 1. Section seventeen of chapter one hundred R. l. isi, § i7, 
and fifty-one of the Revised Laws is hereby amended by '^"'*^° ^ 
inserting at the end of the first sentence the words: — In 
cities or towns having an assistant clerk or registrar he may 
administer the oath, — so as to read as follows: — Section 17. Notice of in- 
The clerk or registrar may require notice of intention of rL^ge?" °' '"^'" 



86 Acts, 1912. — Chaps. 121, 122. 

marriage to be given to him in writing, on blanks to be fur- 
nished by him, by one of the parties to such intended mar- 
riage, or by his or her parent or legal guardian, and may 
require the party who gives such notice to make oath before 
him to the truth of all the statements therein, whereof he or 
she could have knowledge. In cities or towns having an 
assistant clerk or registrar he may administer the oath. 
No fee shall be charged for administering such oath. 
Section 2. This act shall take effect upon its passage. 

Ay proved February 20, 1912. 

Chap.\2\ An Act to provide that certain savings and loan as- 
sociations SHALL BE SUBJECT TO SUPERVISION BY THE 
BANK COMMISSIONER. 

Be it enacted, etc., as follows: 

LTb7nk com^ Section 1. The Attleborough Savings and Loan Associa- 
missioner. ^Jqu of Attlcborough, the Plainville Savings and Loan 
Association of Plainville and the Norton Savings and Loan 
Association of Norton shall be subject to the provisions of 
sections two to fifteen, inclusive, of chapter five hundred and 
ninety of the acts of the year nineteen hundred and eight, 
as amended. 
Section 2. This act shall take effect upon its passage. 

Approved February 20, 1912. 

Chap. 122 An Act relative to the guaranty fund of savings banks. 

Be it enacted, etc., as follows: 

Guaranty fund Section 1. In addition to the requirements of section 
banks. fifty-nine of chapter five hundred and ninety of the acts of 

the year nineteen hundred and eight, the board of trustees 
of a savings bank may authorize a transfer from the profit 
and loss account to the guaranty fund, in such amounts 
and at such times as they may deem for the best interests 
Proviso. of the depositors: provided, that no such transfer shall in- 

crease said guaranty fund beyond the limit fixed by said 
section fifty-nine, and it shall be subject to the written 
approval of the bank commissioner. 
Section 2. This act shall take effect upon its passage. 

Approved February 20, 1912. 



Acts, 1912. — Chaps. 123, 124. 87 



An Act relative to the investigation of accidents in QJiaj) ^23 

WHICH motor vehicles ARE INVOLVED. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-six of chapter five hundred amendld.^ ""' 
and thirty-four of the acts of the year nineteen hunth-ed and 
nine is hereby amended by inserting after the word " investi- 
gation", in the sixteenth Hne, the words: — and for this pur- 
pose may send its investigators into other states, — so 
that the first three sentences of the said section will read as 
follows : — The commission shall appoint from time to investigators 

. , ^ A_ • ^' J. J • and examiners, 

time competent persons to act as mvestigators and exammers ; appointment, 
it may remove them for cause and appoint others in their powers, etc. 
places, and it may determine their compensation and terms 
of service and define their duties. Said inspectors and 
examiners, with respect to the enforcement of all provisions 
of law relative to motor vehicles and to the ownership and 
operation thereof, shall have and exercise throughout the 
commonwealth all the powers of constables, except the service 
of civil process, and of police officers and watchmen, including 
the power to arrest any person who violates any provision of 
this act, and they may serve all processes lawfully issued by 
the courts or by the commission. The commission may in- 
vestigate the cause of any accident in which any motor 
vehicle is involved which in its judgment requires investiga- 
tion, and for this purpose may send its investigators into 
other states. 
Section 2. This act shall take effect upon its passage. 

Approved February 20, 1912. 

An Act relative to returns of street railway com- (jjif^y J24 

PANIES FILED IN THE OFFICE OF THE TAX COMMISSIONER. 

Be it enacted, etc., as folloivs: 

Clause Third of section forty of Part III of chapter four looo, 400, § 40, 
hundred and ninety of the acts of the year nineteen hundretl ciausi^fi.ird 
and nine is hereby amended by striking out the words "except amended. 
as to street railway companies", in the first line, so that 
the first paragraph of the said clause will read as follows : — 
Third, And a complete list of the shareholders of the cor- Annual returns 
poration, their residences, and the amount and class of stock, 



to tax commiM- 
uioner. 



88 Acts, 1912. — Chaps. 125, 126. 

if more than one, belonging to each. If stock is held as col- 
lateral security, the list shall state the name and residence of 
pledgor and of the pledgee. 

Aiiyroved February 20, 1912. 



Chap. 125 An Act making an appropriation for the care and main- 
tenance OF WELLINGTON BRIDGE BY THE METROPOLITAN 
PARK COMMISSION. 

Be it enacted, etc., as follows: 

"^a^e^weii-"' Section 1. Thc sum of fifty-five hundred and twelve 
ington bridge, dollars is hereby appropriated, to be paid out of the Met- 
ropolitan Park System, Wellington Bridge, Maintenance 
Fund, for the care and maintenance of Wellington bridge, 
including drawtenders, labor, lighting, watering, supplies and 
miscellaneous expenses, by the metropolitan park commission 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, in accordance with the pro- 
visions of chapter four hundred and ninety-one of the acts 
of the year nineteen hundred and one. 

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

Approved February 20, 1912. 

Chap. 12Q An Act making appropriations for expenses in con- 
nection WITH THE RETIREMENT SYSTEM FOR THE EMPLOY- 
EES OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

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

nieut system pHatcd, to bc paid out of the treasury of the commonwealth 
o7th™TO°r^^ from the ordinary revenue, for expenses in connection with 
monweaith. ^j^^ retirement system for certain employees of the common- 
wealth, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and twelve, to wit : — 
Expenses. For the necessary expenses of administration, including 

clerical services, office rent, office supplies and other expenses, 
a sum not exceeding twenty thousand dollars. 
Annuity funds For the ucccssary annuity funds and pensions for employees 
retired from the state service, a sum not exceeding twenty- 
five thousand dollars. 

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

Approved February 20, 1912. 



and pensions. 



Acts, 1912. — Chaps. 127, 128, 129. 89 



An Act relative to an expenditure by the state for- Qhav 127 

ESTER FOR THE ADVANCEMENT OF FORESTRY. 

Be it enacted, etc., as follows: 

Section 1. The state forester is hereby authorized to Appropriation, 
expend in the purchase of land for reforestation, in protection ot lo^e^TyT^ 
against forest fires, in combatting the chestnut bark disease, 
and in any other work for the advancement of the forestry 
interests of the commonwealth during the present fiscal 
year, the sum of ten thousand dollars, the same to be in 
addition to any amounts heretofore appropriated for these 
purposes. 

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

Approved February 20, 1912. 

An Act relative to the appraisal of real estate loans (Jjmj) 128 

OF TRUST COMPANIES AND CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Section 1. Whenever in the opinion of the bank com- Appraisal of 
missioner an excessive loan has been made, or is about to be ITtr^ '°^"^ 
made upon real estate, by a trust company or co-operative p^'^'^^ 
bank, he shall have authority to cause an appraisal of such 
real estate to be made at the expense of the trust company 
or bank making the loan. One appraiser shall be named by 
the commissioner, one by the trust company or bank making 
the loan, and a third by the two thus named. The appraisers 
shall determine the value of the real estate and certify the 
same in writing to the commissioner and to the trust company 
or bank. If it shall appear from the appraisal that the 
loan is excessive, the commissioner may make such order in 
relation thereto as he may deem advisable. 

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

Approved February 20, 1912. 



trust com- 
etc. 



Chap,l2^ 



An Act relative to the taking and selling of black 

BASS. 

Be it enacted, etc., as follmos: 

Section 1 . It shall be unlawful to take, sell, offer for ciose season 
sale, or have in possession a black bass or any part thereof Istabitshedf^' 
between April first and June twentieth following, both dates 



90 



Acts, 1912. — Chap. 130. 



Granting, etc., 
of licensea. 



Penalty. 



Repeal. 



inclusive; and it shall be unlawful at any time to have in 
possession a black bass less than eight inches in length, 
unless such bass was taken by a person lawfully fishing and 
is immediately returned alive to the water whence it was 
taken. 

Section 2. Upon written application to the commis- 
sioners on fisheries and game a license may be granted to 
any person to buy and sell or have in possession, at any 
season of the year, black bass artificially propagated and 
maintained, under such rules and regulations, approved by 
the governor and council, as may be made from time to 
time by the commissioners. A license so granted may be 
revoked at any time by the commissioners. 

Section 3. Whoever violates any provision of this act 
shall be subject to a fine not exceeding ten dollars for each 
fish in respect to which the violation occurs. 

Section 4. Section seventy of chapter ninety-one of the 
Revised Laws is hereby repealed. 

Ayproved February 20, 1912. 



Chap. ISO An Act making appropriations for the salary and 
expenses of the state forester. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the state forester's depart- 
ment, for the fiscal year ending on the thirtieth day of Novem- 
ber, nineteen hundred and twelve, to wit : — 

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

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

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

To provide for the better prevention of forest fires, a sum 
not exceeding ten thousand dollars. 

For aiding towns in preventing or extinguishing forest 
fires, and for making protective belts or zones as a defence 
against forest fires, a sum not exceeding five thousand dol- 
lars. 

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

Approved February 20, 1912. 



Appropria- 
tions. 



State forester, 
salary. 

Clerical assist- 
ance, etc. 

Purchase of 
land. 

Prevention of 
forest fires. 

Aiding towns 
in preventing 
forest fires, etc. 



Acts, 1912. — Chaps. 131, 132, 133. 91 



An Act to provide for the protection of shellfish in Chav 131 

THE town of EDGARTOWN. 

Be it enacted, etc., as foUoivs: 

Section three of chapter two hundred and sixteen of the i903, 216, § 3, 
acts of the year nineteen hundred and three is hereby amended '™'''*'^'"^- 
by striking out the words "one and one half ", in the fourth 
line, and inserting in place thereof the words : — one and 
three quarters, — so as to read as follows : — Section 3. ^^ma fegu- 
No person shall take from their beds in said town, or sell or ''^t'^'^- 
offer for sale, or have in his possession, any little neck clams 
or quahaugs measuring less than one and three quarters 
inches across the widest part. 

Approved February 20, 1912. 

An Act making an appropriation for operating the (Jji^jt 132 

NORTH METROPOLITAN SYSTEM OF SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one hundred and sixty Appropriation, 
thousand five hundred dollars is hereby appropriated, to be jJ^utan sysTem 
paid out of the North Metropolitan System Maintenance dLpMa^ 
Fund, for the maintenance and operation of a system of 
sewage disposal for the cities included in what is known as 
the north metropolitan system, during the fiscal year ending 
on the thirtieth day of November, nineteen hundred and 
twelve. 

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

Approved February 20, 1912. 

An Act making an appropriation for operating the (Jjidy J33 
metropolitan water system. 

Be it enacted, etc., as folloivs: 

Section 1. A sum not exceeding four hundred and Appropriation, 

. , , . metropolitan 

twenty-Six thousand dollars is hereby appropriated, to be water system. 

paid out of the INIetropolitan Water Maintenance Fund, 

for the maintenance and operation of the metropolitan 

water system for the cities and towns in what is known as 

the metropolitan water district, during the fiscal year ending 

on the thirtieth day of November, nineteen hundred and 

twelve. 

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

Approved February 20, 1912. 



92 



Acts, 1912. — Chaps. 134, 135, 136. 



1906, 147, § 1. 
amended. 



Term of office 
of certain 
court officers. 



Chap. lS4i An Act relative to the removal of officers in attend- 
ance UPON THE SUPREME JUDICIAL COURT AND THE 
SUPERIOR COURT. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and forty-seven of the 
acts of the year nineteen hundred and six is hereby amended 
by striking out section one and inserting in place thereof the 
following: — Section 1. Officers appointed as court officers 
to be in attendance upon the sessions of the superior court 
or of the supreme judicial court in any county shall hold 
office during good behavior and until they are removed by 
the sheriff of the county for which they were appointed, for 
cause approved by the justices of the court for attendance 
upon which they were appointed or by a majority of them. 
Court officers appointed to be in attendance upon both of 
said courts may be removed for cause approved by the justices 
of either of said courts or by a majority of them. 

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

Approved February 20, 1912, 

Chap. 135 An Act relative to the partition of land of deceased 

persons. 

Be it enacted, etc., as foUoivs: 

Section 1 . Section thirty-four of chapter one hundred and 
eighty-four of the Revised Laws is hereby amended by in- 
serting after the word "all", in the third line, the words: — 
or any part of, — so as to read as follows : — Section 34. The 
probate court in which the estate of a deceased person is 
in course of settlement or has been settled may, upon petition 
of any party interested, make partition of all or any part of 
the land of such deceased person, lying within the common- 
wealth, among his heirs or devisees and all persons who 
hold under them by conveyance or otherwise as hereinafter 
provided. 

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

Approved February 20, 1912. 

Chap.lSQ An Act to authorize the norton water company to 

hold additional real estate. 

Be it enacted, etc., as follows: 

amended.^ ^' SECTION 1. Scctiou scvcn of chapter four hundred and 

sixty-six of the acts of the year nineteen hundred and ten 



R. L. 184, § 34, 
amended. 



Partition of 
land of de- 
ceased persons. 



Acts, 1912. — Chaps. 137, 138. 93 

is hereby amended by striking out the word "twenty", in 
the third Hne, and inserting in place thereof the word: — 
fifty, — so as to read as follows: — >Scc/io?i 7. Said cor- Real estate 
poration may, for the purposes set forth in this act, hold stock. ^^ 
real estate not exceeding in value fifty thousand dollars, and 
the capital stock of said corporation shall not exceed one 
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 au- 
thorized 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 amend- 
ment thereof now or hereafter made. 

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

Approved February 20, 1912. 

An Act to authorize the town of andover to issue Chart. ^.^'l 

SERIAL BONDS TO REFUND CERTAIN INDEBTEDNESS. 

Be it enacted, etc., as follows: 

Section 1. The town of Andover is hereby authorized Indovermay 
to issue serial bonds to an amount not exceeding forty i.^oJJdg^''"^^ 
thousand dollars for the purpose of renewing or refunding 
certain indebtedness of the town. 

Section 2. The bonds issued under authority hereof ASri9/2?^''' 
shall be signed by the treasurer of the town and approved by 
the selectmen, and shall be denominated on the face thereof, 
Andover Loan, Act of 1912. They shall be payable at the 
expiration of periods not exceeding ten years from the re- 
spective dates of issue, and shall bear interest not exceeding 
four per cent per annum. The town may sell the said se- 
curities at public or private sale, at not less than their par 
value, upon such terms and conditions as.it may deem proper, 
and shall make payable annually a proportionate part of the 
principal of the said bonds. The town shall raise by taxation 
in each year the amount required to meet the interest and 
that part of the principal which is payable that year. 

Section 3. This act shall take efTect upon its passage. 

Approved February 20, 1912. 

An Act relative to the examining board of the militia. QJi^rf 138 

Be it enacted, etc., as follows: 

Section 1. All examinations as to physical qualifications Examinint; 
to hold office in the militia shall be made bv a board of three miiitia. 



94 



Acts, 1912. — Chap. 138. 



Proviso. 



Re-examina- 
tioD, etc. 



Members of 
board not to 
give informa- 
tion or advice, 
etc. 



Repeal. 



medical officers appointed by the commander-in-chief. If 
the board of medical officers find that an officer is physically 
competent to perform the duties of his office, it shall certify 
that fact to the board of examiners; if, in the opinion of the 
medical board, an officer is not physically fit to perform his 
duties, it shall transmit a report to the board of examiners 
setting forth the nature of the disabilities found and the 
manner and extent to which such disabilities are hkely to 
prevent or impair the full performance of the duties of the 
office. Whenever the board of examiners find that an officer 
who has been reported by the medical board to be physically 
unsound possesses professional and general qualifications of 
a high order and that his physical disabilities will not ma- 
terially impair his efficiency as an officer, the board of ex- 
aminers may recommend that such physical disabilities be 
waived, and the commander-in-chief may thereupon waive 
such physical disabilities and order the officer to duty: 2^^o- 
vided, however, that a detailed description of such disabilities 
and all reports and facts resulting in a waiver of the same 
shall be entered in the military record of the officer concerned. 

Section 2. If any officer fails to pass a satisfactory ex- 
amination the secretary of the examining board shall forth- 
with notify him,' and he may, within ten days after receiving 
such notice, appeal for a re-examination to the commander- 
in-chief, who may, after an examination of the records in 
the case, order a re-examination of such officer before the 
medical board appointed under section one of this act or the 
examining board appointed under section sixty-one of chapter 
six hundred and four of the acts of the year nineteen hun- 
dred and eight or before both boards. 

Section 3. No member of said board shall take part in 
the examination of, or give any opinion, information or ad- 
vice as to the fitness or competence of any officer who has 
any business or family connection with him or might, as a 
result of the examination, come under his immediate com- 
mand. 

Section 4. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Approved February 20, 1912. 



corporations, 
etc. 



Acts, 1912. — Chaps. 139, 140. 95 



An Act relative to amending charters of domestic C/iap.l39 

INSURANCE companies. 

Be it enacted, etc., as follows: 

Section 1 . A corporation that is subject to the pro- Alteration or 
visions of chapter five hundred and seventy-six of the acts neL^of certain' 
of the year nineteen hundred and seven may, by a two thirds 
vote of all its stock or, if a mutual company, by a two thirds 
vote of those members present and voting at a meeting duly 
called for the purpose, alter, add to or change to the extent 
authorized by said chapter, or by acts in amendment thereof, 
the business for the transaction of which it was incorporated. 
Such articles of amendment, signed and sworn to by the 
president and secretary and a majority of the directors, 
shall, within thirty days after their adoption, or, if already 
adopted as aforesaid, and if an affidavit as herein provided 
has been filed or deposited in the office of the insurance com- 
missioner, within thirty days after the passage of this act, be 
submitted to the insurance commissioner, who shall examine 
them in the same manner as the original articles of organiza- 
tion. If he finds that they conform to the requirements of 
law he shall so certify and endorse his approval thereon, and 
they shall thereupon be filed in the office of the secretary of 
the commonwealth who, upon the receipt of a fee of five 
dollars, shall cause them and the endorsement thereon to be 
recorded, and said articles of amendment shall then be 
deemed to be a part of the charter of the corporation. No 
amendment or alteration of the agreement of association or 
articles of organization shall take effect until said articles of 
amendment shall have been filed in the office of the secretary 
of the commonwealth as aforesaid. 

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

Approved February 21, 1912. 



An Act to authorize the town of west bridgewater to fhnq^ 1 40 

SELL WATER TO THE TOWN OF EAST BRIDGEWATER. ^' 

Be it enacted, etc., as follows: 

Section 1. The town of West Bridgewater is hereby The town of 
authorized to sell and convey water to the town of East ^fteV may sell 
Bridgewater, upon such terms and conditions as may be water, etc. 



96 



Acts, 1912. — Chaps. 141, 142. 



agreed upon by the said towns, and the town of East Bridge- 
water is hereby authorized to purchase water for the use of its 
inhabitants and for town purposes from the town of West 
Bridgewater. 
Section 2. This act shall take effect upon its passage. 

Approved February 21, 1912. 



1910, 138, § 5, 
etc., amended. 



Town of West 
Bridgewater 
Water Loan, 
Act of 1910. 



C/iap. 141 An Act to authorize the town of west bridgewater to 

MAKE AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter one hundred and 
thirty-eight of the acts of the year nineteen hundred and ten, 
as amended by chapter five hundred and sixty-five of the 
acts of the year nineteen hundred and eleven, is hereby 
further amended by striking out the word "fifty", in the 
fifth line, and inserting in place thereof the word : — seventy- 
five, — so as to read as io\\o'w&: — Section 6. Said town, 
for the purpose of paying the necessary expenses and liabili- 
ties incurred under the provisions of this act, may issue 
from time to time bonds, notes or scrip to an amount not 
exceeding seventy-five thousand dollars. Such bonds, notes 
or scrip shall bear on their face the w^ords. Town of West 
Bridgewater 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 toM n 
may sell such securities at public or private sale for the pur- 
poses of this act, upon such terms and conditions as it may 
deem proper: provided, that the securities shall not be sold 
for less than the par value thereof. 

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

Approved February 21, 1912. 



Proviso. 



Chap. 142 An Act relative to the sale of subsistence stores of 

THE militia. 

Be it enacted, etc., as follows: 

1908^^604, § 124. SECTION 1. Scction ouc hundred and twenty-four of 
chapter six hundred and four of the acts of the year nineteen 



Acts, 1912. — Chap. 143. 97 

hundred and eight is hereby amended b}' striking out the 
last sentence and inserting in place thereof the following: 
— Subsistence stores of a perishable nature, which would 
spoil before action could be taken under a board of inspection 
as above provided, may be sold by the officer responsible 
therefor, after survey by a surveying officer appointed by 
the commanding officer of the organization. The report of 
the survey, approved by the commanding officer, shall be 
forwarded by the accountable officer wath his report of the 
sale. The proceeds of all sales made hereunder shall be paid 
into the treasury of the commonwealth, — so as to read as 
follows: — Section 124- The inspector general with two inspection, 
officers designated by the commander-in-chief shall constitute property) etc'!'^^ 
a board to inspect and condemn public military property un- 
fit for use ; and no property shall be sold until it has so been 
inspected and condemned, and such condemnation approved 
by the commander-in-chief. Subsistence stores of a perish- 
able nature, which would spoil before action could be taken 
under a board of inspection as above provided, may be sold 
by the officer responsible therefor, after survey by a survey- 
ing officer appointed by the commanding officer of the 
organization. The report of the survey, approved by the 
commanding officer, shall be forwarded by the accountable 
officer with his report of the sale. The proceeds of all sales 
made hereunder shall be paid into the treasury of the com- 
monwealth. 
Section 2. This act shall take effect upon its passage. 

Approved February 23, 1912. 



An Act to authorize the town of fairhaven to build ^i -..r, 

AND maintain A SEWER IN THE ACUSHNET RIVER. ^' 

Be it enacted, etc., as follows: 

Section 1. The town of Fairhaven is hereby authorized The town of 

,.,,,.. 'jiAi • 11 Fairhaven may 

to build and mamtam a sewer in the Acushnet river northerly buiid a sewer in 
of and near Coggeshall street bridge beyond the harbor line river.ete. 
established by chapter two hundred and sixty-nine of the 
acts of the year eighteen hundred and forty-eight, subject 
to the provisions of chapter ninety-six of the Revised Laws. 
Section 2. This act shall take effect upon its passage. 

Approved February 23, 1912. 



98 Acts, 1912. — Chaps. 144, 145, 146. 



Chap. 14:4: An Act relative to the blue book edition of the acts 

AND RESOLVES. 



Blue book Section 1. The blue book edition of the acts and re- 

edition of acts 



Be it enacted, etc., as follows: 

Section 1. The blue bo 
an'ci resolves solves of the general court, fixed by section two of chapter 
nine of the Revised Laws, as amended by chapter one hun- 
dred and forty-seven of the acts of the year nineteen hundred 
and nine, at nine thousand five hundred copies, and increased 
by three hundred copies by chapter six hundred and sixty- 
seven of the acts of the year nineteen hundred and eleven, 
shall hereafter consist of eleven thousand five hundred copies. 

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

Approved February 23, 1912. 



Chap. 14:5 An Act to authorize advances from the treasury of 
the common^vealth for expenses of the examiners 
in the office of the bank commissioner. 

Be it enacted, etc., as follows: 

Advance^from SECTION 1. lu addition to auy other advances provided 
for by law, the treasurer of the commonwealth is hereby 
authorized to advance such sums from the treasury of the 
commonwealth as may be necessary for the expenses of the 
examiners and assistant examiners in the office of the bank 
commissioner, under such regulations as the auditor of the 
commonwealth may make. 
Section 2. This act shall take effect upon its passage. 

Approved February 23, 1912. 



Chav.lAQ An Act making an appropriation for operating the 
south metropolitan system of sewage disposal. 

Be it enacted, etc., as follows: 

Appropriation, SECTION 1. A sum Hot cxcccding ouc huudrcd seven 
poiitansyltem thousaud fivc liundrcd and fifty dollars is hereby appro- 
dispM^r priated, to be paid out of the South Metropolitan System 

Maintenance Fund, for the cost of maintenance and opera- 
tion of the south metropolitan system of sewage disposal, 
comprising a part of Boston, the cities of Newton and Wal- 
tham, and the towns of Brookline, Watertown, Dedham 



Acts, 1912. — Chaps. 147, 148, 149. 99 

and Milton, during the fiscal year ending on the thirtieth day 
of November, nineteen hundred and twelve. 
Section 2. This act shall take effect upon its passage. 

Approved February 23, 1912. 

An Act to authorize the governor to exclude traffic nj^nj. -^a^ 

FROM HIGHWAYS DURING PRACTICE OR MANEUVERS OF THE ^' 

MILITIA. 

Be it enacted, etc., as follows: 

Section 1. The governor, under such regulations as Exclusion of 
he may prescribe, by and with the consent of the council, h^fwi^'dur- 
may exclude traffic from highways during target practice j,°|n™uvera 
or maneuvers of the ]Massachusetts volunteer militia, when- 
ever he deems that the convenience or safety of the public 
so requires. 

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

Approved February 23, 1912. 



Chap.US 



An Act to authorize the city of taunton to pay a sum 
of money to the widow of john carr. 

Be it enacted, etc., as follows: 

Section 1. The city of Taunton, acting by its mayor The city of 
and municipal council, is hereby authorized to pay to Mary pa" a^^um'of^ 
Carr of that city, a sum of money not exceeding three hun- S""®^^^^ 
dred dollars on account of the death of her husband John 
Carr, who died from illness contracted while in the perform- 
ance of his duties as a permanent driver of the fire department 
of the city. 

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

Approved February 24, 1912. 

An Act to provide for the appointment of an additional fhnnj 1 49 

EXAMINER FOR THE INSURANCE DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. The insurance commissioner may, with the Additional 
approval of the governor and council, appoint and, with theTnsurance 
their consent, remove an additional examiner for the in- department. 
surance department, who shall receive an annual salary 
of twenty-five hundred dollars. 

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

Approved February 24, 1912. 



100 



Acts, 1912. — Chaps. 150, 151. 



Chap.150 An Act relative to the boston post office clerks 

MUTUAL benefit ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1. The Boston Post Office Clerks Mutual Bene- 
fit Association is authorized to amend its constitution and 
by-laws so that members of the association may continue as 
members after their connection with the post office depart- 
ment has ceased. 

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

Approved February 24, 1912. 



Amendment to 
constitution 
and by-laws. 



R. L. 75, § 35, 
etc., amended. 



Maintenance of 
isolation 
hospitals, etc. 



Chap.lbl An Act relative to the maintenance of hospitals by 

cities and towns. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-five of chapter seventy-five 
of the Revised Laws, as amended by chapter six hundred 
and thirteen of the acts of the year nineteen hundred and 
eleven, is hereby further amended by striking out the said 
section and inserting in place thereof the following : — Sec- 
tion 35. Each city shall, and each town may, and upon the 
request of the state board of health, shall, establish and main- 
tain constantly within its limits one or more hospitals for 
the reception of persons having smallpox, diphtheria, 
scarlet fever, tuberculosis or other diseases dangerous to 
the public health as defined by the state board of health, 
unless there already exists in the city or town a hospital for 
the reception of persons ill with such diseases, which is 
satisfactory to the state board of health, or unless some 
arrangement which is satisfactory to the state board of 
health is made between neighboring cities or neighboring 
towns, or neighboring cities and towns, for the care of per- 
sons having such diseases. All such hospitals established and 
maintained by cities or towns shall be subject to the orders 
and regulations of the boards of health of the cities or towns 
in which they are respectively situated. Plans for the con- 
struction of the said hospitals shall be approved by the state 
board of health, before the hospitals are constructed, and the 
state inspectors of health shall annually make such examina- 
tion of said hospitals as in the opinion of the state board of 
health mav be necessary. A city or town which upon the 



Acts, 1912. — Chap. 152. 101 

request of the state board of health refuses or neglects to 
establish and maintain such a hospital shall forfeit not more 
than five hundred dollars for each refusal or neglect: yro- Proviso. 
mded, however, that if, in the opinion of the boards of health 
of two or more adjoining cities or towns or a city and an ad- 
joining town or towns, such hospitals can advantageously be 
established and maintained in common, the authorities of 
the said cities or towns may, subject to the approval of the 
state board of health, enter into such agreements as shall be 
deemed necessary for the establishment and maintenance 
of the same. 
Section 2. This act shall take effect upon its passage. 

Approved February 24, 1912. 



An Act to amend the charter of the boston protective Qjmj) 5^52 

DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. Chapter sixty-one of the acts of the year is74, ei, § 2, 
eighteen hundred and seventy-four is hereby amended by ^'"^°<^®'^- 
striking out section two and inserting in place thereof the 
following : — Section 2. Said corporation shall have power Maintenance of 
to provide and maintain a corps of men, with proper officers, ^ vfr"and' prl- 
whose duty it shall be, so far as is practicable, to discover and "'^^^ ^''®^' ^*''- 
prevent fires, and to prevent damage, loss or injury to prop- 
erty as hereinafter set forth, and whose appointment shall be 
subject to the approval of the fire commissioner. Said 
corporation shall provide suitable apparatus for saving and 
preserving life and property while engaged in the perform- 
ance of its duties; and power is hereby granted to its corps 
of men and its officers to enter any building on fire, or which 
is, or the contents of which are, in their judgment, immediately 
exposed to or in danger of taking fire from other burning build- 
ings, or in danger of damage, loss or injury by water or other- 
wise, resulting from the accidental breaking of or injury to 
sprinklers, pumps, water pipes, plumbing and its fixtures or 
other apparatus, arising from causes other than fire or re- 
sulting from storms, floods or the rising of the waters of the 
ocean, to protect and save life and property therein, and to 
remove such property or any part thereof: provided, how- ProYiso. 
ever, that nothing in this act shall be so construed as to lessen 
in any way the authority of the officers or members of the 
Boston fire department, or to warrant or justify any inter- 



102 



Acts, 1912. — Chap. 153. 



1874, 61, § 3. 
amended. 



Right of way 
through 
streets, etc. 



ference with them in the performance of their duties, nor 
shall it in any way justify the owner of any building or per- 
sonal property in the abandonment of his property. 

Section 2. Section three of said chapter sixty-one is 
hereby amended by inserting after the word "fire", in the 
third line, the words: — or to any building which is, or the 
contents of which are, exposed to damage, loss or injury as 
hereinbefore set forth, — so as to read as follows : — Section 
3. The officers and men of the Boston Protective Depart- 
ment, with their teams and apparatus, shall have the right 
of way, while going to a fire, or to any building which is, or 
the contents of which are, exposed to damage, loss or in- 
jury as hereinbefore set forth, through any street, lane 
or alley in the city of Boston, subject to such rules and 
regulations as the city council and the fire commissioners may 
prescribe, and subject also to the rights of the Boston fire 
department, and any violation of the street rights of the 
Boston Protective Department shall be punished in the same 
manner as is provided for the punishment of violations of 
the rights of the Boston fire department in chapter three 
hundred and seventy-four of the acts of eighteen hundred 
and seventy-three. 

Section 3. This act shall take effect upon its passage. 

Approved February 24, 1912. 



The Barnstable 
Water Com- 
pany may 
furnish water 
to the town of 
Yarmouth. 



C/iap. 153 An Act to authorize the barnstable water company 

TO FURNISH WATER FOR USE IN THE TOWN OF YARMOUTH. 

Be it enacted, etc., as follows: 

Section 1. The Barnstable Water Company, a cor- 
poration created by chapter two hundred and eighty-six of 
the acts of the year nineteen hundred and eleven, may fur- 
nish and sell water to any corporation now or hereafter 
established with authority to supply water to the inhabitants 
of the town of Yarmouth for domestic, manufacturing or 
other purposes; all water so sold and furnished to be de- 
livered at or near the boundary line between the towns 
of Barnstable and Yarmouth. Said Barnstable Water 
Company shall have no authority itself to own or operate 
any water works or property in the town of Yarmouth, 
except such pipes or other apparatus, if any, as may be 
necessary in order to connect the company's water main 
or mains at or near said boundary line with the pipes or 



Acts, 1912. — Chap. 154. 103 

mains of the corporation to which water may be furnished 
and sold as aforesaid. 
Section 2. This act shall take effect upon its passage. 

A'pyroxied February 24, 1912. 



An Act to authorize the suspension of sentences by Qhnnry 154 

THE courts in CERTAIN INSTANCES. 

Be it enacted, etc., as follows: 

Section one of chapter two hundred and twenty of the r. l. 22b, § 1, 
Revised Laws, as amended by chapter three hundred and ^t'^' ''*""^'»«i'^'i- 
thirty-eight of the acts of the year nineteen hundred and five, 
is hereby further amended by striking out the said section 
and inserting in place thereof the following: — Section 1. ^nTences^ml 
When a person convicted before a municipal, police or be suspended, 
district court is sentenced to imprisonment, the court may 
direct that the execution of the sentence be suspended, and 
that he be placed on probation for such time and on such 
terms and conditions as it shall fix. When a person convicted 
before any of said courts is sentenced to pay a fine, and to 
stand committed until the same is paid, the court may direct 
that the execution of the sentence be suspended for such 
time as it shall fix, and that he be placed on probation on 
condition that he pay the fine within the time so fixed. In 
case the fine does not exceed ten dollars, if the court finds 
that the defendant is unable to pay the fine when it is im- 
posed, and will not probably default, and that it will not be 
detrimental to the interests of the public, the execution of 
the sentence shall be suspended and he shall be placed on 
probation. The fine shall be paid in one payment, or in part 
payments, to the probation officer, and when fully paid the 
order of commitment shall be void. The probation officer 
shall give a receipt for every payment so made, shall keep a 
record of the same, shall pay the fine, or all sums received in 
part payment thereof, to the clerk of the court at the end of 
the period of probation or any extension thereof, and shall 
keep on file the clerk's receipt therefor. If at the end of said 
period the probation officer shall report that the fine is in 
whole or in part unpaid, and that in his opinion the person is 
unable to pay the same, the court may either extend said 
period, place the case on file or revoke the suspension of the 
execution of the sentence. When the suspension of the 



104 



Acts, 1912. — Chaps. 155, 156. 



1911, 443, § 1, 
amended. 



execution of the sentence is revoked, in a case where the 
fine has been paid in part, the defendant may be committed 
for default in payment of the balance of the fine. 

Ai^i^roved February 24, 1912, 

Chap. 155 An Act relative to the practice of manicuring and 

MASSAGE AND THE GIVING OF VAPOR BATHS. 

Be it enacted, etc., as follows: 

Section one of chapter four hundred and forty-three of the 
acts of the year nineteen hundred and eleven is hereby 
amended by adding at the end thereof the following: — 
provided, that a person duly licensed to carry on massage, 
or to conduct an establishment for the giving of vapor baths, 
in the city or town in which he lives or carries on business, 
may attend patients at the request of a physician in any 
city or town in this commonwealth without taking out an 
additional license, — so as to read as follows: — Section 1. 
It shall be unlawful for any person to practise manicuring or 
massage or to conduct an establishment for the giving of 
vapor baths for hire or reward or to advertise or hold himself 
out as being engaged in the business of manicuring, massage 
or the giving of said baths without receiving a license there- 
for from the board of health of the city or town in which the 
said occupation is to be carried on. The board of health 
may grant the license upon such terms and conditions, and 
may make such rules and regulations in regard to the carry- 
ing on of the occupation so licensed, as it may deem proper, 
and may revoke any license granted by it for such cause as 
it may deem sufficient, and without a hearing: provided, 
that a person duly licensed to carry on massage, or to conduct 
an establishment for the giving of vapor baths, in the city or 
town in which he lives or carries on business, may attend 
patients at the request of a physician in any city or town in 
this commonwealth without taking out an additional license. 

Approved February 24, 1912. 



Practice of 
manicuring 
and massage, 
etc. 



Proviso. 



Chap. 156 An Act relative to the maintenance and repair in 

CERTAIN CASES OF BRIDGES OVER THE LOCATIONS OF RAIL- 
ROAD CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-eight of Part I of chapter 
four hundred and sixty-three of the acts of the year nineteen 



1906, 463, § 38. 
Part I, 
amended. 



Acts, 1912. — Chap. 157. 105 

hundred and six is hereby amended by inserting after the 
word "framework", in the fourth Hne, the words: — and 
flooring, — and by striking out the words " and the surface 
of the bridge and its approaches", in the sixth hne, and 
inserting in place thereof the words : — but the approaches 
of the bridge and, if said flooring has a wearing surface, con- 
sisting of an upper planking, paving or other surface material, 
such wearing surface of the bridge, — so as to read as fol- 
lows: — Section 38. After the completion of the work, the Maintenance 
expense of maintenance and repair shall be paid as follows: and'ap-'!^^ 
if the public way crosses the railroad by an overhead bridge, 11^^^^^^' 
the framework and flooring of the bridge and its abutments 
shall be maintained and kept in repair by the railroad cor- 
poration, but the approaches of the bridge and, if said floor- 
ing has a wearing surface, consisting of an upper planking, 
paving or other surface material, such wearing surface 
of the bridge shall be maintained and kept in repair by the 
city or town in which they are situated; if the public way 
passes under the railroad, the bridge and its abutments shall 
be maintained and kept in repair by the railroad corporation, 
and the public way and its approaches shall be maintained 
and kept in repair by the city or town in which they are 
situated ; if several railroads cross a public way at or near a 
given point, the commission shall apportion and award in 
what manner and proportion each of said railroad corpora- 
tions shall maintain and keep in repair the framework of 
the bridge and its abutments if the public way crosses the 
railroad by an overhead bridge, and the bridge and its abut- 
ments if the public way passes under said railroads. 

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

Ay'proved February 24, 1912. 

An Act relative to the use of school halls for other z^/,^^ i K7 

THAN SCHOOL PURPOSES. '^' 

Be it enacted, etc., as follows: 
Section 1. Section one of chapter three hundred and ^^^^- l^h ^ ^• 

n 1 PI • 111 amended. 

sixty-seven or the acts or the year nmeteen hundred and 
eleven is hereby amended by adding at the end thereof the 
words : — and that such use shall not be granted during the 
regular sessions of the school unless the exits have been 
approved for such purpose by an inspector of factories and 
public buildings in the inspection department of the district 



106 Acts, 1912. — Chap. 158. 

Use of school police, — SO as to read as follows: — Section 1. The school 
thanschwi'^' Committee of any city or town which accepts the provisions 
purposes. ^f ^j^jg ^^^ ^^^^ grant the temporary use of halls in school 

buildings upon such terms and conditions and for such public 
or educational purposes, for which no admission fee is charged, 
Proviso. as the said school committee may deem wise: provided, how- 

ever, that such use shall not in any way interfere or be in- 
consistent with the use of the halls for school purposes, and 
that such use shall not be granted during the regular sessions 
of the school unless the exits have been approved for such 
purpose by an inspector of factories and public buildings in 
the inspection department of the district police. 
Section 2. This act shall take effect upon its passage. 

Ayyroved February 24, 1912. 

Chav.l5S An Act relative to the release of prisoners upon 

PROBATION. 

Be it enacted, etc., as follows: 

R. L. 225, §121. Section 1. Section one hundred and twenty-one of 
chapter two hundred and twenty-five of the Revised Laws, 
as amended by chapter two hundred and twenty-seven of 
the acts of the year nineteen hundred and two, is hereby 
further amended by inserting after the word "unexpired" 
in the seventh and eighth lines, the words : — or for failure 
Release of to pay a fine, — so as to read as follows: — Section 121. A 
probrtion"ete! probation officer may, with the consent of the county com- 
missioners, or, in the county of Suffolk, of the penal institu- 
tions commissioner of the city of Boston, investigate the 
case of any person who is imprisoned in a jail or house of 
correction upon a sentence of not more than six months, or 
upon a longer sentence of which not more than six months 
remain unexpired, or for failure to pay a fine, for the purpose 
of ascertaining the probability of his reformation if released 
from imprisonment. If, after such investigation, he recom- 
mends the release of the prisoner, and the court which im- 
posed the sentence, or, if the sentence was imposed by the 
superior court, the district attorney, certifies a concurrence 
in such recommendation, the county commissioners or the 
penal institutions commissioner may, if they consider it ex- 
pedient, release him upon probation, upon such terms and 
conditions as they may prescribe and may require a bond for 
the fulfilment of such conditions. The surety upon any such 
bond may at any time take and surrender his principal, and 



Acts, 1912. — Chaps. 159, 160, 161. 107 

the county commissioners or the penal institutions commis- 
sioner may at any time order any prisoner released by them 
upon probation to return to the prison from which he was 
released. The provisions of this section shall not apply to 
persons held upon sentence of the courts of the United 
States. 

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

Approved February 2^, 1912. 

An Act relative to declarations of intention in nat- (Jjid^j ^59 

URALIZATION PROCEEDINGS. 

Be it enacted, etc., as follows: 

Section 1. The superior court may authorize the ex- Declarations 
ecution and reception by the clerk of the court of declarations naturaiiza"t?on 
of intention in naturalization proceedings at such times and proceedmo«. 
places as the court by general order may direct. 

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

Approved February 24, 1912. 

An Act relative to additional clerical assistance for (JJku) iqq 
the register of probate and insolvency for the 
county of bristol. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and ^^^l^'^^^-^^, § i, 
fifty-two of the acts of the year nineteen hundred and eleven 
is hereby amended by striking out the words "the register, 
countersigned by", in the fifth and sixth lines, so as to read 
as follows: — Section 1. The register of probate and in- clerical as- 
solvency for the county of Bristol shall be allowed, in addi- res*is"erof°*^^ 
tion to the amount now allowed by law, a sum not exceeding eountt'^or*'" 
one thousand dollars for clerical assistance, to be paid from Bristol. 
the treasury of the commonwealth upon the certificate of 
the judge of probate and insolvency. 

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

Approved February 24, 1912. 

An Act relative to the discharge of sureties upon (Jjidj) X61 

PROBATE BONDS. 

Be it enacted, etc., a^ follows: 

Section 1. Section fifteen of chapter one hundred and ^^^^jed' ^ ^^' 
forty-nine of the Revised Laws is hereby amended by strik- 



108 Acts, 1912. — Chaps. 162, 163. 

ing out the words "his petition", in the second line, and in- 
serting in place thereof the words : — the petition of the 
surety or of the principal, — so as to read as follows: — 
Discharge of SectioTi 15. A surcty on a bond given to a judge of probate 
bonds. may, upon the petition of the surety or of the principal to 

the supreme judicial court or the probate court, be discharged 
from all further responsibility, if the court, after notice 
to all persons interested, finds such discharge reasonable and 
proper; and the principal shall thereupon give a new bond 
with such surety or sureties as the court orders. 
Section 2. This act shall take effect upon its passage. 

Ayyroved February 24, 1912. 



Chap. 162 An Act relative to the annual returns of insurance 

COMPANIES. 

Be it enacted, etc., as Jollotvs: 

Annual returns SectionI. Evcry firc iusurancc compauy doiug busiucss 
companies. in this commonwcalth shall include in its annual statement 
required to be filed by section one hundred and one of chapter 
five hundred and seventy-six of the acts of the year nineteen 
hundred and seven, a list of all claims under policies issued 
b}' it to persons in this commonwealth which, during the year 
covered by the statement, have been made the subject of 
suits in the courts and also of those which at the time of 
making the statement are in suit. These returns shall be 
in such detail as the insurance commissioner shall prescribe. 
Special report SECTION 2. If upou examination of said returns, or upon 

to be made in '^ . . „ . . . , , 

cases of delay, complaiut, the commissioucr, alter investigation and a hear- 
ing, is of the opinion that a fire insurance company is un- 
reasonably and unfairly delaying the settlement of claims or 
is unduly engaging in litigation, he shall make a special report 
of his findings thereon to the legislature at its next session. 
Section 3. This act shall take effect upon its passage. 

Approved February 24, 1912. 



etc. 



C/iap.l63 An Act to authorize certain justices of the peace to 

APPROVE BONDS IN BASTARDY COMPLAINTS. 



Be it enacted, etc., as follows: 

Section 1. Section five , „ . 

Revised Laws, as amended by section two of chapter fifty- 



R.L.82. §5. Section 1. Section five of chapter eighty-two of the 

etc., amended. - - -~ 



Acts, 1912. — Chaps. 164, 165. 109 

three of the acts of the year nineteen hundred and eleven, is 
hereby further amended by inserting after the word "chan- 
cery", in the sixth hne, the words: — or by a justice of the 
peace commissioned to take bail under the provisions of sec- 
tion three of chapter one hundred and sixty-one of the Revised 
Laws, in cases where the warrant is returnable to the court 
in the district in which such justice of the peace is authorized 
to take bail in criminal cases, — so as to read as follows : — 
Section 5. The bond shall be made to the party for whose Giving of 
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, 
or by a justice of the peace commissioned to take bail under 
the provisions of section three of chapter one hundred and 
sixty-one of the Revised Laws, in cases where the warrant is 
returnable to the court in the district in which such justice of 
the peace is authorized to take bail in criminal cases. A 
bond such as is specified in this and the preceding section may 
be executed and approved on the Lord's day. 
Section 2. This act shall take effect upon its passage. 

Aj)2)roved February 24, 1912. 

An Act to confirm certain acts of the middleborough (J^id'n 154 

FIRE district. 

Be it enacted, etc., as ]oUows: 

Section 1. The election of officers by the Middleborough Acts of the 
Fire District and the acts of the oflicers elected by the said Filt Dt^rTct^*" 
district since the year nineteen hundred are hereby ratified ^o'^fi™^^. 
and confirmed, notwithstanding any informality or illegality 
in the manner of conducting the elections of the said district. 

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

Approved February 24, 1912. 

An Act relative to court proceedings in the case of a Chav-^^^ 
neglected child. 

Be it enacted, etc., as follows: 

Whenever a child is before any court as a neglected child ^o"'^.' proceed- 

j 1 • • 1 1 ir> )ng3 in the case 

and has no attorney to appear m its behalf, any person may, of a neglected 
with the court's consent, act in behalf of such child. 

Approved February 24, 1912. 



no 



Acts, 1912. — Chap. 166. 



Appropria- 
tions. 



Chap. 166 An Act making appropriations for salaries and ex- 
penses IN THE DEPARTMENT OF THE SERGE ANT-AT-ARMS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for salaries and expenses in the 
department of the sergeant-at-arms, for the fiscal year end- 
ing on the thirtieth day of November, nineteen hundred and 
twelve, to wit: — 

For the salary of the sergeant-at-arms, thirty-five hundred 
dollars. 

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

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

For the salaries of additional clerks, the sum of twenty- 
eight hundred dollars. 

For incidental and contingent expenses and the expense of 
mailing legislative bulletins, a sum not exceeding five hundred 
and fifty dollars. 

For the salaries of the chief engineer and other employees 
in the engineer's department, a sum not exceeding thirty- 
four thousand and forty dollars. 

For the salaries of the watchmen and assistant watchmen, 
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 thirteen 
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-five hundred and seventy- 
five 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 re- 
pairs, furniture and repairs thereof, and such expenses as 
may be necessary at the various buildings now occupied by 
state departments, a sum not exceeding twenty-six thousand 
dollars. 



Serjeant-at- 
arms. 



First clerk. 
Cashier. 



Additional 
clerks. 

Expenses. 



Chief engineer, 
etc. 



Watchmen, 
etc. 

Books, sta- 
tionery, etc. 



Messengers, 
etc. 

Rent of tele- 
phones, etc. 



Heat, light 
and power. 



Care of state 
house, etc. 



Acts, 1912. — Chaps. 167, 168. Ill 

For new furniture and fixtures, a sum not exceeding sixty- New furniture, 
five hundred dollars. 

For the salary of the matron, a sum not exceeding eight Matron. 
hundred and fifty dollars. 

For the salary of the carpenter, the sum of sixteen hundred Carpenter, 
dollars. 

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

Approved February 24, 1912. 

An Act rel.\tive to the assessment of poll taxes in Chap. 167 

THE city of boston. . 

Be it enacted, etc., as jollows: 

Section 1. If a male person resident of the city of o/^o^™^°eg 
Boston on the first dav of April of any vear is not assessed >n the city 

"" p 11 1 1 11 • 1 °' Boston. 

m the annual assessment tor a poll tax, he shall, in order to 
establish his right to assessment, present to the assessors 
a statement under oath that he was on said day a resident 
of that city and liable to pay a poll tax therein, with a list 
under oath of his polls and estate; but no person shall be 
assessed under the provisions of this act later than the 
twentieth day of December next ensuing. 

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

Approved February 28, 1912. 

An Act rel.\tive to free scholarships to be maintained (jjidi) jgc 

BY the MASSACHUSETTS INSTITUTE OF TECHNOLOGY. 

Be it enacted, etc., as follows: 

Chapter seventy-eight of the resolves of the year nineteen i9ii, Res. 78, 
hundred and eleven is hereby amended by inserting after the '*™^° 
word "districts", in the twenty-eighth line, the words: — 
If three or more properly qualified candidates make applica- 
tion from any senatorial district, the board of education 
shall, at the request of the senator from that district, grant 
four half scholarships, or two half scholarships and one whole 
scholarship, or two whole scholarships from that district, — 
so as to read as follows: — Resolved, That there shall J^^ff^j^^"^"^ 
annually be paid from the treasury of the commonwealth Technology, 
to the Massachusetts Institute of Technology, for the 
term of ten years, beginning with the first day of Jan- 
uary in the year nineteen hundred and twelve, the sum 
of one hundred thousand dollars, to be expended under 
the direction of the corporation of said institute for the 



112 



Acts, 1912. — Chap. 168. 



Proviso. 



Free 
scholarships. 



Repeal. 



Report. 



general purposes of the institute: provided, however, that 
the payment for the year nineteen hundred and seven- 
teen and for the four following years shall be conditioned 
upon the presentation of satisfactory evidence to the governor 
and council that the said Massachusetts Institute of Tech- 
nology has received, by bequest or gift from other sources, 
the sum of one million dollars in addition to all the funds held 
by it on the day of the approval of this resolve. In con- 
sideration of the said payments and during the continuance 
thereof, the Massachusetts Institute of Technology shall 
maintain eighty free scholarships to be granted by the board 
of education to residents, or minor children of residents of 
Massachusetts who, upon examination conducted under such 
rules and regulations as the president of the said institute 
may prescribe, shall be found to possess the qualifications 
fixed for the admission of students to the institute. Two 
such scholarships shall be available aijnually for properly 
qualified candidates from each senatorial district, but if 
there be less than two properly qualified candidates in any 
senatorial district, such number of scholarships, less in 
amount than two from each district, may then be distributed 
by the board of education among the other senatorial dis- 
tricts. If three or more properly qualified candidates make 
application from any senatorial district, the board of educa- 
tion shall, at the request of the senator from that district, 
grant four half scholarships, or two half scholarships and 
one whole scholarship, or two whole scholarships from that 
district. Candidates for these scholarships shall make appli- 
cation to the board of education before the first day of July 
in each year, and shall forward to that board the approval 
in writing of the senator from the district in which the candi- 
date resides. In awarding the scholarships preference shall 
be given to properly qualified candidates who are otherwise 
unable to bear the expense of tuition. 

All acts and resolves and parts of acts and resolves hereto- 
fore passed authorizing the annual appropriation of funds 
by the commonwealth for the maintenance of free or state 
scholarships in the Massachusetts Institute of Technology, 
or prescribing the conditions under which such scholarships 
shall be awarded, are hereby repealed. 

The Massachusetts Institute of Technologj^ shall trans- 
mit each year copies of the annual report of its president 
to the general court. 



Acts, 1912. — Chap. 169. 113 

The eighty half scholarships now in force, as shown by the Present 
records of the Massachusetts Institute of Technology, shall to conlLue^in 
continue in full force and effect until the end of the course ^°'^'^''" 
for which they were given, after which time all future scholar- 
ships shall be filled under the regulations and conditions 
herein prescribed. Approved February 28, 1912. 

An Act to establish the boundary line between the (7/ia??.169 

TOWNS OF HINSDALE AND PERU. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall hereafter Boundary line 
be the boundary line between the towns of Hinsdale and townrof 
Peru : — Beginning at a granite monument standing at the pem!^^'^ ^""^ 
corner of the towns of Hinsdale, Peru and Windsor, in 
latitude forty-two degrees, twenty-eight minutes, and forty- 
eight and fifty-six one hundredths seconds, and longitude 
seventy-three degrees, four minutes, and six and twenty-one 
one hundredths seconds; thence south twelve degrees, three 
minutes west, true bearing, four thousand five hundred 
and two feet to a granite monument; thence north seventy- 
three degrees, forty-nine minutes west, true bearing, four 
hundred and eighty-six feet to a granite monument; thence 
south twelve degrees, thirty-seven minutes west, true bear- 
ing, seven thousand eight hundred and seventy-six feet to a 
granite monument about four hundred and twenty-five feet 
north of the house of Frank Munch in Hinsdale; thence 
south eighty-five degrees, sixteen minutes east, true bearing, 
six hundred and forty-four feet to a granite monument; 
thence south nine degrees, twenty-two minutes west, true 
bearing, three hundred and eighty-one feet to a drill hole 
in a flat-top boulder embedded in the ground on the northerly 
side of the main road from Hinsdale to Peru; thence con- 
tinuing in the same direction about seventy-five feet to the 
southerly side line of said road; thence easterly along said 
southerly side line about three hundred and sixty feet to a 
point opposite a granite monument standing on the southerly 
side of the road nearly opposite the house of H. Wurgler in 
Peru; thence south thirteen degrees, forty minutes west, 
true bearing, four thousand seven hundred and twelve feet 
to a stone monument; thence continuing in the same direc- 
tion about two hundred and six-ty feet to the centre of the 
stream flowing from Ashmere lake to Forwards mill pond; 



114 



Acts, 1912. — Chap. 170. 



Boundary line 
between the 
towns of 
Hinsdale and 
Peru. 



thence following the centre Hne of said stream midway be- 
tween its banks in a general southeasterly and southwesterly 
direction about six thousand eight hundred feet to a point 
due north of the stone monument standing on the southerly 
bank of said stream near its intersection with the highway 
leading from Hinsdale to Middlefield; thence due south 
about forty feet passing through said stone monument to 
the northerly side of said highway; thence southeasterly 
along the northeasterly side of said highway six hundred and 
twenty-five feet; thence crossing said highway at right an- 
gles thereto to the southwesterly side line thereof; thence 
southeasterly along said southwesterly side line about six 
hundred and twenty-five feet to a point opposite a granite 
monument standing on the southerly side of said highway; 
thence south seventeen degrees, thirty-four minutes east, 
true bearing, seven hundred and seven feet to a granite monu- 
ment; thence south ten degrees, forty-one minutes west, 
true bearing, four thousand one hundred and sixty-two feet 
to a granite monument ; thence north seventy-seven degrees, 
nine minutes west, true bearing, seven hundred and eighty 
feet to a granite monument; thence south eleven degrees, 
forty-two minutes west, true bearing, nine thousand three 
hundred and twenty-eight feet to a granite monument at 
the corner of the towns of Hinsdale, Peru and Washington 
in latitude forty-tAvo degrees, twenty-three minutes, and five 
and thirty-seven one hundredths seconds, and longitude 
seventy-three degrees, five minutes, and thirty and seventy- 
five one hundredths seconds. 

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

Apyroved February 28, 1912. 



R. L. 3, § 19, 
amended. 



Chap.170 An Act kelative to the engrossment of bills and re- 
solves PASSED BY THE GENERAL COURT. 

Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter three of the Re- 
vised Laws is hereby amended by inserting after the word 
"parchment", in the third and thirteenth lines, the words: — 
or parchment paper, — by inserting after the word " hand- 
writing", in the fourth hne, the words: — or written by a 
typewriting machine, — and by inserting after the word " en- 
grossed", in the fifth and seventh fines, the words: — or 
Engrossment typewritten, — so as to read as follows : — Section 19. Bills 
risoives^'"^ and resolves which have been passed to be engrossed shall, un- 



Acts, 1912. — Chap. 171. 115 

der the direction of the secretary' of the commonwealth, 
be fairly engrossed on parchment or parchment paper in a 
plain and legible hand-writing, or written by a typewTiting 
machine, without interlineation, and with a margin of not 
less than one inch on each side. Each sheet on which bills 
are engrossed or typewritten shall be eighteen inches long 
and thirteen inches wide, and each sheet on which resolves 
are engrossed or typewritten shall be fifteen inches long and 
ten inches wide. The secretary shall cause the acts and 
resolves of each session to be neatly and strongly bound in 
separate volumes of convenient size and lettered on the back 
with a designation of the contents and the legislative year. 
If such original engrossed acts or resolves are becoming Copies, 
illegible, the secretary shall cause parchment or parchment 
paper copies thereof, similar to the originals, to be engrossed, 
and shall attest them. Such attested copies shall have the 
same force and effect as the originals. 

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

Approved February 28, 1912. 

An kCT TO SHORTEN THE TIME FOR THE PAYMENT OF ACCOUNTS (JJiay \7\ 
BY BANKING INSTITUTIONS IN CASES OF LOST PASS-BOOKS. 

Be it enacted, etc., as follows: 

Section 1. Section forty of chapter five hundred and e?2^; Amended. 
ninety of the acts of the year nineteen hundred and eight, as 
amended by section six of chapter four hundred and ninety- 
one of the acts of the year nineteen hundred and nine, is 
hereby further amended by striking out the words "three 
months", in the eighteenth and nineteenth lines, and insert- 
ing in place thereof the words : — thirty days, — so as to 
read as follows : — Section Jfi. When a pass-book issued by Lost pass- 
a savings bank, a co-operative bank or the savings depart- °° **' ^ *'' 
ment of a trust company has been lost, stolen or destroyed, 
the person in whose name it was issued, or his legal rep- 
resentative, may make written application to such sav- 
ings bank, co-operative bank or trust company for payment 
of the amount of the deposit represented by said book or 
for the issuance of a duplicate book therefor. Thereupon, 
with the written consent of the savings bank, co-operative 
bank or trust company, he may give, or authorize the savings 
bank, co-operative bank or trust company at his expense 
to give, public notice of such application by advertising the 



116 



Acts, 1912. — Chap. 172. 



same at least once a week for three successive weeks in a 
newspaper published in or nearest to the city or town in 
which such savings bank, co-operative bank or trust company 
is situated. If such book shall not be presented to said 
savings bank, co-operative bank or trust company within 
thirty days after the date of the first advertisement, as 
aforesaid, the savings bank, co-operative bank or trust com- 
pany shall, upon proof that notice has been given, as herein 
provided, pay the amount due on said book or issue a dupli- 
cate book therefor; and upon such payment or delivery of a 
new book, all liability of the savings bank, co-operative bank 
or trust company on account of the original book shall cease. 
Section 2. This act shall take effect upon its passage. 

Approved February 28, 1912. 



1911, 751, § 16, 
Part II., 
amended. 



Chap.172 An Act relative to the sufficiency of notices of in- 
juries TO EMPLOYEES UNDER THE PROVISIONS OF THE 
WORKINGMEN's compensation ACT. 

Be it enacted, etc., as follows: 

Section 1. Section sixteen of Part II of chapter seven 
hundred and fifty-one of the acts of the year nineteen hun- 
dred and eleven is hereby amended by adding at the end 
thereof the words : — Any form of written communication 
signed by the person so injured, or by some person in his 
behalf, or in the event of his death by his legal representative, 
which contains the information that the person has so been 
injured, giving the time, place and cause of the injury, shall 
be considered a sufficient notice, — so as to read as follows : — 
Section 16. The said notice shall be in writing, and shall 
state in ordinary language the time, place and cause of the 
injury; and shall be signed by the person injured, or by a 
person in his behalf, or, in the event of his death, by his legal 
representative or by a person in his behalf. Any form of 
written communication signed by the person so injured, or 
by some person in his behalf, or in the event of his death by 
his legal representative, which contains the information that 
the person has so been injured, giving the time, place and 
cause of the injury, shall be considered a sufficient notice. 

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

Approved February 28, 1912. 



Notice of 
injury, etc. 



Acts, 1912. — Chap. 173. 117 



An Act to authorize the bank commissioner to furnish Qhaj). 173 

CERTAIN information TO NATIONAL BANK EXAMINERS 
AND OTHERS. 

Be it enacted, etc., as folloivs: 

Section 1. Section five of chapter five hundred and etc%m°endld. 
ninety of the acts of the year nineteen hundred and eight, 
as amended by section three of chapter four hundred and 
ninety-one of the acts of the year nineteen hundred and nine, 
and by section one of chapter six hundred and twenty-two 
of the acts of the year nineteen hundred and ten, is hereby 
further amended by adding at the end thereof the words : — 
The bank commissioner may furnish to the national bank 
examiners, the national government, any organization 
created by national legislation, or the banking departments of 
other states such information, reports and statements re- 
lating to the institutions under his supervision as he may 
deem best, — so as to read as follows: — Section 5. Except Examination 

.,,., ,. . Ill • of savings 

as provided m the precedmg section, the bank commis- banks, etc. 
sioner shall exercise the powers and perform the duties now 
conferred or imposed by law upon the board of commissioners 
of savings banks. The commissioner, either personally or 
by his deputy or examiners," or such others of his assistants 
as he may designate, shall, at least once in each year, and 
whenever he considers it expedient, visit each bank. At 
such visits the person making the examination shall have 
free access to the vaults, investments, cash, books and papers, 
and shall examine the affairs of the bank, and ascertain 
whether it has complied with the provisions of law. In 
the case of banks not subject to the provisions of section 
thirty-two of this act the person making the examination shall 
also ascertain the condition of the bank, and its ability to 
fulfill its obligations. The commissioner shall preserve a 
full record of such examinations, including a statement of 
the condition of every bank so examined. Such records, and 
information contained in reports of such banks, other than 
information required by law to be published or to be open to 
the inspection of the public, shall be open only to the inspec- 
tion of the commissioner, his deputy, examiners and assistants 
and such other officers of the commonwealth as may have 
occasion and authority to inspect them in the performance 
of their official duties. The bank commissioner may furnish 



118 Acts, 1912. — Chaps. 174, 175. 

to the national bank examiners, the national government, 
any organization created by national legislation, or the 
banking departments of other states such information, re- 
ports and statements relating to the institutions under his 
supervision as he may deem best. 
Section 2. This act shall take effect upon its passage. 

Approved February 28, 1912. 

Chap. 11 4: An Act relative to the employment of clerical assist- 
ants BY THE TREASURER OF THE COUNTY OF HAMPDEN. 

Be it enacted, etc., as follows: 
Clerical assist- SECTION 1. The treasurer of the county of Hampden 
treasurer of shall bc allowcd annually from the treasury of the county 
Hampden^ ° f or clcrical assistaucc such sum, not exceeding one thousand 

dollars, as may be approved by the county commissioners of 

the county. 
Repeal. SECTION 2. Chapter one hundred and sixty-three of 

the acts of the year nineteen hundred and five and chapter 

three hundred and forty-nine of the acts of the year nineteen 

hundred and eight are hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved February 28, 1912. 

Chap. 17 5 An Act relative to the voting powers of stockholders 

OF BUSINESS corporations. 

Be it enacted, etc., as follows: 

1903. 437. § 24, SECTION 1. Scctiou twcnty-four of chapter four hundred 
and thirty-seven of the acts of the year nineteen hundred and 
three is hereby amended by inserting after the word "them", 
in the third Hue, the words: — provided, that in corporations 
having two or more classes of stock of different par value 
the voting powers of the different classes may be fixed, in 
accordance wdth the provisions of section twenty-seven, in 
proportion to such par values respectively, — so as to read 
Voting powers as follows: — Section24. Stockholders who are entitled 
of^stockhoiders, ^^ ^^^^ ^YiaW, cxccpt as provided in section ninety-three, 
Proviso. have one vote for each share of stock owned by them: pro- 

mded, that in corporations having two or more classes of 
stock of different par value the voting powers of the different 
classes may be fixed, in accordance with the provisions of 
section twenty-seven, in proportion to such par values re- 
spectively. Capital stock shall not be voted upon if any 



amended. 



Acts, 1912. — Chaps. 176, 177. 119 

instalment of the subscription therefor which has been duly 
demanded under the provisions of section sixteen is overdue 
and unpaid. Stockholders may vote either in person or Proxies. 
by proxy. No proxy which is dated more than six months 
before the meeting named therein shall be accepted, and 
no such proxy shall be valid after the final adjournment of 
such meeting. 
Section 2. This act shall take effect upon its passage. 

Approved February 28, 1912. 

An Act to authorize the town of ashburnham to re- nh^j^^ ^na 

FUND CERTAIN INDEBTEDNESS. ^' 

Be it enacted, etc., as follows: 

Section 1. The town of Ashburnham, for the purpose The town of 
of refunding certain outstanding indebtedness of the town maj^'refumi" 
amounting to ten thousand dollars and represented by a note debtddnes's. 
due to the Murdock Fund, so-called, on March fifteenth, 
nineteen hundred and twelve, is hereby authorized to bor- 
row the said sum and to issue therefor five notes of two 
thousand dollars each, payable annually within one, two, 
three, four and five years, respectively, from the date of 
issue. The said notes shall bear interest at a rate not 
exceeding four and one half per cent per annum, and the 
amount required to pay the interest on said notes and the 
amount of the principal falling due each year shall be raised 
by taxation and shall be included bj' the assessors in the levy 
without further appropriation therefor by the town. 

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

Approved February 28, 1912. 

An Act to authorize the city of springfield to incur ^t -, -^^ 
additional indebtedness for municipal buildings. ^' 

Be it enacted, etc., as follows: 

Section 1. The city of Springfield, for the purpose of The city of 
acquiring a suitable site and for erecting thereon buildings may"borrow 
for municipal purposes, and for equipping the said buildings, ™e"tmg^"'^ 
may incur indebtedness, additional to that authorized by n^ulfie^pa/""^ 
chapter eighty-four of the acts of the year nineteen hundred purposes. 
and nine, to an amount not exceeding eight hundred thousand 
dollars, and may issue bonds, notes or scrip therefor, to be 
denominated on the face thereof, Springfield Municipal Build- 
ing Loan, Act of 1912. Such bonds, notes or scrip shall be 



120 



Acts, 1912. — Chap. 178. 



Payment of 
loan. 



Land may be 
acquired. 



signed by the treasurer of the city and countersigned by the 
mayor. They shall be payable at the expiration of periods 
not exceeding forty years from the dates of issue, shall bear 
interest at a rate not exceeding four per cent per annum, 
and shall not be reckoned in determining the statutory 
limit of indebtedness of the city. The city may sell such 
securities at public or private sale, upon such terms or con- 
ditions as it may deem proper, but they shall not be sold 
for less than their par value. 

Section 2. The city, at the time of authorizing said 
loan, shall provide for the pa3''ment thereof in such annual 
proportionate payments as will extinguish the same within 
the time prescribed by this act; and when such provision 
has been made the amount required thereby shall without 
further vote annually be assessed by the assessors of the 
city, in the same manner in which other taxes are assessed, 
until the debt is extinguished. 

Section 3. Necessarj^ and sufficient land for said build- 
ings may be acquired by the city in fee or otherwise. If 
such land is acquired by taking, the taking shall be made 
and the damages ascertained and recovered in the manner 
provided by law in the case of land taken for the laying out 
of highways, and proceedings for the recovery of such damages 
shall be brought within two years after the taking has been 
recorded in the registry of deeds for the county of Hampden. 

Section 4. This act shall take effect upon its passage. 

Apjjroved February 28, 1912. 

Chap. 17 8 An Act to authorize the inhabitants of the town of 

SHEFFIELD TO SELL A TRACT OF LAND IN SAID TOWN. 

Be it enacted, etc., as follows: 

The inhabitants of the town of Sheffield, in their corporate 
capacity, are hereby authorized to sell and convey a tract of 
about ten acres of land situate on the Plain, so-called, in 
said town, and commonly known as the "Parade Ground." 
The sale shall be made by the selectmen of the town for the 
time being, and may be in one or more parcels, and at public 
auction or private sale, as the selectmen shall deem expedient. 
The selectmen for the purpose of making the said sale shall 
execute and deliver, in the name and in behalf of said in- 
habitants, all deeds of said land necessary to convey the 
title in fee simple, free from incumbrances, to the purchaser 
or purchasers thereof. The net proceeds of the sale shall be 



The town of 
Sheffield may 
sell a certain 
tract of land. 



Acts, 1912. — Chaps. 179, 180. 121 

deposited and distributed, with the approval of the judge 
of probate for the county of Berkshire, according to the pro- 
visions of law for depositing and distributing the estates 
of deceased persons when the rightful owners thereof are un- 
known and cannot be found. 

Approved February 28, 1912. 

An Act to authorize the city of brockton to take the nhn^ 170 

MULBERRY STREET CEMETERY IN THAT CITY AND TO RE- 
MOVE THE BODIES THEREFROM. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton is hereby authorized ^rocktMm 
to take for municipal purposes the Mulberry Street cemetery take tiie land 
in that city and to remove therefrom tlie bodies, together cemetery for 
with the monuments and headstones marking the graves, pu"rposesfetc. 
and to inter the bodies in a reverent and proper manner, and 
properly to set up the monuments and headstones in the 
Melrose cemetery in that city. A plan of the ground in the 
Melrose cemetery, where the bodies are interred, showing 
the position of all the known dead removed thereto under 
the provisions of this act, shall be made and filed in the office 
of the city clerk. 

Section 2. The provisions of chapter twenty-eight of vrsion^fofiaw 
the Revised Laws with regard to the taking of land for public *° ^p^'^- 
parks, including all provisions for the assessment and re- 
covery of damages for land so taken, shall apply to the taking 
hereby authorized. The city council of the city may appro- 
priate such sums of money as may be necessary to carry 
out the provisions of this act. 

Section 3. This act shall take effect upon its passage. 

Ajjproved February 28, 1912. 

An Act relative to the filing of certificates of nom- QJiav 180 

INATION AND NOMINATION PAPERS FOR ELECTIONS IN 
TOWNS. 

Be it enacted, etc., as follows: 

Section 1. All certificates of nomination for town offices. Filing of 
filed on or before the second Saturday, and nomination of n'omt^tion. 
papers filed on or before the Monday, preceding the election ^*''- 
shall, for the year nineteen hundred and twelve, be valid. 

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

Approved March 1, 1912. 



122 



Acts, 1912. — Chaps. 181, 182. 



1911,748, §9, 
amended. 



Leasing of 
storage 
facilities, etc. 



Chap. 181 An Act relative to the development of the port of 

BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section nine of chapter seven hundred and 
forty-eight of the acts of the year nineteen hundred and 
eleven is hereby amended by striking out the word "but", 
in the fifth Hne, and inserting in place thereof the words : — 
They may lease sites for warehouses and industrial locations 
for a longer period, but every lease of such sites for a period 
exceeding twenty years shall provide for a readjustment of 
the rental at intervals of not more than twenty years, ■ — so 
as to read as follows : — Section 9. The directors shall have 
power to lease for a period not exceeding twenty years, under 
such covenants and conditions as they may prescribe, stor- 
age facilities, wharves, piers, bulkheads, docks, sheds, ware- 
houses and industrial locations within their charge. They 
may lease sites for warehouses and industrial locations for 
a longer period, but every lease of such sites for a period 
exceeding twenty ;>'ears shall provide for a readjustment of 
the rental at intervals of not more than twenty years. No 
lease for a term exceeding five years shall be vahd until ap- 
proved by the governor and council. The income from all 
wharfage and storage rates, use of cranes, lighterage, dock- 
age and other charges, and from the leases of lands, storage 
structures, wharves, piers, docks, sheds, warehouses and 
industrial sites shall be collected by the directors and paid 
into the treasury of the commonwealth. 

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

Approved March 1, 1912. 



Chap. 182 An Act relative to the licensing of operators of 

CINEMATOGRAPHS AND SIMILAR APPARATUS. 



Licensing of 
oix;ratora of 
cinemato- 
graphs. 



Be it enacted, etc., as follows: 

Section 1. No license to operate a cinematograph or 
similar apparatus under the provisions of section four of 
chapter five hundred and sixty-six of the acts of the j'ear 
nineteen hundred and eight shall hereafter be granted to 
a person under twenty-one years of age. 

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

Approved March 1, 1912. 



Acts, 1912. — Chap. 183. 123 

An Act to authorize the boston, revere beach and Qhn^ i cq 

LYNN RAILROAD COMPANY TO PURCHASE EVIDENCES OF 
INDEBTEDNESS AND CAPITAL STOCK OF THE POINT SHIRLEY 
STREET RAILWAY COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The Boston, Revere Beach and Lynn Rail- purchase of the 
road Company is hereby authorized to acquire, purchase, f^ree't lian-"' 
hold and own the whole, or any part not less than half, g^^^' Company. 
of the capital stock of the Point Shirley Street Railway 
Company, and any part of the bonds or other evidences of 
indebtedness of said street railway company: provided, that Proviso. 
the terms of such acquisition shall be subject to the approval 
of the board of railroad commissioners. 

Section 2. Within thirty days after such acquisition Notice of in- 
of not less than half of the capital stock of said street rail- pu"rc'hase*'stock, 
way company, said railroad corporation shall cause to be *^*''* 
sent to every stockholder of record upon the books of said 
street railway company whose stock it has not acquired, by 
depositing in the post office, postage prepaid, addressed 
to such stockholder at his last address upon said books, a 
notice, in a form to be approved by the board of railroad 
commissioners, setting forth the fact that said railroad corpo- 
ration has acquired a majority of the stock of said street rail- 
way company, and offering to buy such part of the remaining 
stock as may be tendered to it within three months after 
the date of said notice at the average prica paid by said rail- 
road corporation for the stock in said street railway company 
already acquired by it, and if said price is not so paid or 
tendered by said railroad corporation upon tender to it 
within three months by any stockholder of any of said re- 
maining stock, the stockholder may recover said price, with 
costs and interest, in an action of contract brought against 
said railroad corporation in the superior court for the county 
of Suffolk. If any such stockholder does not assent to said 
terms of purchase and sale of any shares of stock held by 
him, the shares of such stockholder shall be acquired by said 
railroad corporation, and shall be valued, and the value thereof 
be paid or tendered to, or deposited to or for the account 
of, such stockholder in the manner specified in chapter three 
hundred and fifty-seven of the acts of the year nineteen hun- 
dred and eleven. 

Section 3. For the purposes hereinbefore set forth the issue of stock 
said railroad corporation may issue its stock or bonds to **' bonds, etc 



124 



Acts, 1912. — Chaps. 184, 185. 



Fares not to 
be increased, 
etc. 



Lease or 
purchase to 
be authorized 
by the general 
court, etc. 



Time of 
taking effect. 
Provisos. 



such amount as the board of railroad commissioners shall 
approve. 

Section 4. The fares on said street railway shall not be 
increased, nor its facilities for travel diminished, in con- 
sequence of an;yi:hing done under authority of this act. 

Section 5. After the acquisition by said railroad cor- 
poration of not less than half of the capital stock of said 
street railway company, as hereinbefore provided, neither 
of said companies shall be permitted, except as specially 
authorized by the general court, to lease or to purchase 
the franchise and property of, or to consolidate or make 
any operating contract with, any other street railway com- 
pany. 

Section 6. This act shall take effect upon its passage: 
provided, however, that said railroad corporation shall duly 
call a meeting of its stockholders within thirty days after 
the passage of this act for the purpose of considering its 
acceptance; and provided, further, that all authority and 
powers herein granted shall cease unless this act be accepted 
by a majority vote of the stockholders at said meeting. 

Approved March 1, 1912. 



Chap. 184: An Act relative to the use of motor vehicles in the 

service of civil process. 

Be it enacted, etc., as follows: 

Section 1. Section twelve of chapter two hundred and 
four of the Revised Laws is hereby amended by inserting 
after the word "carriage", in the second line, the words: — 
or motor vehicle, — so as to read as follows: — Section 12. 
If it is necessary for an officer in the service of civil process 
to use a horse and carriage or motor vehicle for a distance 
exceeding two miles one way, he shall be allowed therefor 
twelve cents a mile one way for a distance not exceeding 
twenty miles. 

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

Approved March 1, 1912. 



R. L. 204. § 12, 
amended. 



Ser\-ice of 
civil process. 



C/iap. 185 An Act to provide for a cumulative index to the acts 

AND resolves OF THE GENERAL COURT. 

Be it enacted, etc., as folloivs: 
To provide for Section 1. The sccrctarv of the commouwcalth is hereby 

a cumulative i • ' i> • j^- i • j.l_ 

index to directed to prepare and print from time to time during the 

the acts and * * 

resolves. 



Acts, 1912. — Chaps. 186, 187. 125 

session of the general court a cumulative index to all acts 
and resolves enacted, and to any proposed amendments to 
the constitution agreed upon, up to the date of publication, 
and to deliver by mail or otherwise one copy to each member 
of the general court and one copy to each of the persons 
mentioned in the second paragraph of section one of chapter 
four hundred and seventy-four of the acts of the year nineteen 
hundred and eight, and to such other persons as he may 
select. 

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

Apjjwved March 2, 1912. 

An Act to authorize the city of Worcester to take land (jjid^ 186 

ON THE SOUTHERLY SIDE OF THE PROPOSED WIDENING OF 
BELMONT STREET. 

Be it enacted, etc., as follows: 
Section 1. The city of Worcester is herebv authorized The city of 

, . J. P , p • 1 • -n i' Worcester may 

to take m tee tor the purpose oi widenmg Belmont street, '^.^e land for 
so-called, in that city, the whole or parts of a strip of land, Beimont 
not exceeding one hundred and sixty feet in depth, from the 
southerly side of Belmont street between the point of inter- 
section of the easterly line of Warden street with the southerly 
line of Belmont street easterly to the point of intersection of 
the westerly line of Lake avenue with the southerly line of 
Belmont street. 

Section 2. After so much of the land or property as is Remainder of 
taken by the city for the purpose of widening Belmont street so'id.™^^ 
on the southerly side thereof, in accordance with the pro- 
visions of section one, has been appropriated for such street 
as is needed therefor, the city may sell the remainder for 
value, with or without suitable restrictions. 

Section 3. This act shall take effect upon its passage. 

Ayprmed March 2, 1912. 

An Act relative to supervision of probation work for (JJiqj) 187 
wayward and delinquent children. 

Be it enacted, etc., as folloivs: 

Section 1. Section fourteen of chapter four hundred and imcnded.^ ^*' 
thirteen of the acts of the year nineteen hundred and six is 
hereby amended by striking out the words "state board 
of charity", in the first line, and substituting the words: — 
commission on probation, — so as to read as follows : — 



126 ■ Acts, 1912. — Chaps. 188, 189. 

Supervision SectioTi 14- The commission on probation shall have 

of probation , ^ ., I'lp ii 

work. authority to supervise the probation work lor wayward and 

delinquent children, and to make such inquiries as it con- 
siders necessary in regard to the same, and in its annual 
report may make such recommendations as it considers 
advisable for the improvement of methods of dealing with 
such children. 
Section 2. This act shall take effect upon its passage. 

Apx^roved March 2, 1912. 

Chap. 1S8 An Act relative to surplus income of the water de- 
partment OF the town of saugus. 

Be it enacted, etc., as follows: 

Surplus Section 1. Whenever the water commissioners of the 

income of the iiii ii • ji 

water towu 01 baugus shall have on hand money in excess oi the 

of the town amount required during the current year for the payment 
augus. ^£ interest or principal of any debts incurred under authority 
of chapter ninety-one of the acts of the year nineteen hun- 
dred and eleven, they may pay the same or any part thereof 
to the town treasurer and he shall use the same toward the 
paj^ment of principal or interest of any bonds, notes or scrip 
of the town issued prior to the passage of this act for the 
purpose of supplying the town with water. 

Section 2. This act shall take effect upon its acceptance 
by said town at any annual town meeting. 

Approved March 2, 1912. 

Chap. 189 An Act to exempt from taxjvtion shares of stock of 

MASSACHUSETTS TRUST COMPANIES OWNED BY SAVINGS 
BANKS. 

Be it enacted, etc., as follows: 

Part III '§21 Section 1. Section twenty-one of Part III of chapter 
amended. ' four huudrcd aiid ninety of the acts of the year nineteen 
hundred and nine is hereby amended b}^ striking out the 
word "and", at the end of the twenty-third line, and by 
inserting after the word "Massachusetts", in the twenty- 
ninth line, the words : — and so much of said deposits as is 
invested in shares of stock of trust companies organized under 
the laws of this commonwealth, — so as to read as follows : — 
Taxation of ^^ ggction 21. Evcry savings bank and institution for savings 
shall pay to the treasurer and receiver general, on account of 
its depositors, an annual tax of one half of one per cent on 



Acts, 1912. — Chap. 190. 127 

the amount of its deposits, one half thereof to be assessed Sllngsbanka. 
by the tax commissioner upon the average amount of such 
deposits for the six months preceding the first day of IMay 
and one half to be so assessed upon the average amount of 
such deposits for the six months preceding the first day of 
November. Such tax shall be paid semi-annually on or before 
the twenty-fifth day of May and of November, each payment 
to consist of the amount of the tax as determined by the last 
preceding assessment; but so much of said deposits as is 
invested in real estate for banking purposes or in loans se- 
cured by mortgages of taxable real estate, and, for the period 
limited in clause Tenth of section sixty-eight of chapter 
five hundred and ninety of the acts of the year nineteen hun- 
dred and eight, so much of said deposits as is invested in 
real estate the title to which has been acquired by the com- 
pletion of foreclosure, or by purchase, pursuant to said section, 
so much of said deposits as is invested in bonds of the com- 
monwealth of Massachusetts issued after July first, nineteen 
hundred and six, so much of said deposits as is invested 
in bonds, notes and certificates of indebtedness of any 
county, fire district, water supply district, city or town in 
the commonwealth which may be issued on or after the first 
day of May in the year nineteen hundred and eight, stating 
upon their face that they are exempt from taxation in Mas- 
sachusetts, and so much of said deposits as is invested in 
shares of stock of trust companies organized under the laws 
of this commonwealth, shall be exempt from taxation under 
the provisions of this section. 

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

Approved March 2, 1912. 



C/ia7?.190 



An Act to establish the hour of the day when judg- 
ments SHALL be entered IN THE SUPERIOR COURT. 

Be it enacted, etc., as folloivs: 

Section one of chapter one hundred and seventy-seven of ^g^JJ]' ^ ^• 
the Revised Laws is hereby amended by inserting after the 
word "clerk", in the sixth line, the w^ords:^ — at ten o'clock 
in the forenoon, ^ — so as to read as follow^s: — Section 1. ?dgment. 
Judgments in civil actions and proceedings in the supreme 
judicial court shall be entered on motion, unless the court by 
general or special order otherwise orders. Judgments in 
civil actions and proceedings in the superior court, which are 
ripe for judgment, shall, unless the court by general or special 



128 



Acts, 1912. — Chaps. 191, 192. 



order otherwise orders, be entered by the clerk at ten o'clock 
in the forenoon on the first Monday of each month, or on 
the next day thereafter if said Monday is a legal holiday, 
unless the party entitled thereto otherwise requests in writ- 
ing. Approved March 2, 1912. 



1909, 514. § 17, 
amended. 



Chap. 1^1 An Act to define the word "minor" as applied to com- 
pulsory ATTENDANCE AT DAY SCHOOLS. 

Be it enacted, etc., as follows: 

The third paragraph of section seventeen of chapter five 
hundred and fourteen of the acts of the year nineteen hundred 
and nine, as amended by chapter two hundred and forty-one 
of the acts of the year nineteen hundred and eleven, is hereby 
further amended by inserting after the word "at", in the 
fourth line, the words : — day or, — so as to read as follows : 
— "Child" or "Minor" shall mean a person under eighteen 
years of age, except that in regard to the compulsory attend- 
ance of illiterate minors at day or evening schools, the word 
"Minor" shall mean a person under the age of twenty-one 
years. Appioved Match 2, 1912. 



Certain words 
defined. 



R. L. 65, § 19, 
etc., amended. 



C/iap.l92 An Act relative to the license fees of resident ped- 

LERS. 

Be it enacted, etc., as follows: 

Section nineteen of chapter sixty-five of the Revised Laws, 
as amended by chapter two hundred and four of the acts 
of the year nineteen hundred and five and by chapter five 
hundred and seventy-one of the acts of the year nineteen 
hundred and seven, is hereby further amended by insert- 
ing after the word "license", in the thirty-seventh line, the 
words: — But a licensee who resides in a city or town, in 
which he pays taxes upon his stock in trade and is qualified 
to vote, shall pay as a fee to the treasurer of the city or town 
only the amount, if any, by which the license fee exceeds 
the amount paid by him to the city or town as taxes on his 
stock in trade assessed on the first day of April preceding 
the date of the license, — so as to read as follows : — Section 
19. The secretary of the commonwealth may grant a license 
to go about exposing for sale and selling any goods, wares 
or merchandise, except jewelry, wines, spirituous liquors 
and playing cards, to any person who files in his office a 



Pedlers' 
licenses. 



Acts, 1912. — Chap. 192. 129 

certificate signed by the mayor of a cit}' or by a majority of uct^el 
the selectmen of a town, stating that to the best of his or their 
knowledge and belief the applicant therein named is of good 
repute for morals and integrity, and is, or has declared his 
intention to become, a citizen of the United States. The 
mayor or selectmen, before granting such certificate, shall 
require the applicant to make oath that he is the person 
named therein, and that he is, or has declared his intention 
to become, a citizen of the United States, Such oath shall be 
certified by a justice of the peace and shall accompany the 
certificate. The secretary shall cause to be inserted in every 
such license the names of such cities and towns as the appli- 
cant designates, with the amounts to be paid to the re- 
spective treasurers thereof as herein provided, and shall 
receive from the applicant one dollar for each city or town 
so inserted. The licensee may sell in any city and town men- 
tioned in his license any goods, wares or merchandise, not 
prohibited in section fourteen, upon payment to the treas- 
urer thereof of the following fees: for each town containing 
not more than one thousand inhabitants, according to the 
then latest census, state or national, tliree dollars; for each 
town containing more than one thousand and not more than 
two thousand inhabitants, six dollars; for each town con- 
taining more than two thousand and not more than three 
thousand inhabitants, eight dollars; for each town containing 
more than three thousand and not more than fom' thousand 
inhabitants, ten dollars; and for each city and for all other 
towns, ten dollars and one dollar for every one thousand 
inhabitants thereof over four thousand; but the fee shall in 
no case exceed twenty-five dollars, and the amount paid 
shall be certified by the city or town treasurer on the face 
of the license. But a licensee who resides in a city or town, 
in which he pays taxes upon his stock in trade and is qualified 
to vote, shall pay as a fee to the treasurer of the city or town 
only the amount, if any, by which the license fee exceeds the 
amount paid by him to the city or town as taxes on his stock 
in trade assessed on the first day of April preceding the date 
of the license. The secretary may grant as aforesaid special 
state licenses upon payment by the applicant of fifty dol- 
lars for each license; and the licensee may expose for sale in 
any city or town in the commonwealth any goods, wares or 
merchandise, the sale of which is not prohibited. 

Approved March 5, 1912. 



130 



Acts, 1912. — Chaps. 193, 194, 195. 



The 

Stockbridge 
Library 
Association 
may release 
its interest in 
certain land. 



Chap. 193 An Act to authorize the stockbridge library associa- 
tion TO release its interest in certain land of the 

CONGREGATIONAL SOCIETY IN STOCKBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The Stockbridge Library Association is 
hereby authorized to release and convej^, by its president 
and treasurer, on such terms as may be agreed on between 
said association and the Congregational Society in Stock- 
bridge, all the right, title and interest which said library 
association may have in or to a certain parcel of land in 
Stockbridge under and by virtue of a deed given by Charles 
M. Owen to said Congregational Society, dated the sixteenth 
day of July in the year eighteen hundred and seventy, and 
recorded in the middle district registry of deeds for Berkshire 
county in Book 200, Page 415. 

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

A'pyroved March 5, 1912. 



Appropria- 
tion, Penikese 
hospital. 



C/iap.l94 An Act making an appropriation for the maintenance 

OF the penikese hospital. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding eleven thousand two 
hundred and sixty-nine dollars is hereby appropriated, to be 
paid out of the treasury of the commonwealth from the 
ordinary revenue, for the maintenance of the Penikese hos- 
pital for the fiscal year ending on the thirtieth day of No- 
vember, nineteen hundred and twelve. 

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

ApiJrovcd March 5, 1912. 



Chap.195 An Act to provide for the use of public school prop- 
erty OF THE CITY OF BOSTON FOR SOCIAL, CIVIC AND 
OTHER PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the useful- 
ness of the public school property of the city of Boston, the 
school committee of that city may conduct such educational 
and recreative activities in or upon school property under 
its control, and shall allow the use thereof by individuals 
and associations, subject to such regulations as the school 



Use of public 
school 
property of 
the city of 
Boston. 



Acts, 1912. — Chaps. 196, 197. 131 

committee may establish, for such educational, recreative, 
social, civic, philanthropic and similar purposes as the com- 
mittee may deem to be for the interest of the community: 
provided, that no admission fee is charged and that such use Proviso, 
shall not interfere or be inconsistent with the use of the 
premises for school purposes. 

Section 2. For the purpose of carrying out the pro- Appropria- 
visions of this act, the school committee may appropriate in 
each year in addition to and in the same manner in which it 
makes appropriations for the support of the public school and 
other purposes authorized by law, a sum not exceeding two 
cents upon each one thousand dollars of the valuation upon 
which the appropriations of the city council of the city are 
based. 

Section 3. This act shall take effect upon its passage. 

Approved March 5, 1912. 

An Act relative to assessment insurance. Chav 196 

Be it enacted, etc., as follows: 

Section 1. The provisions of sections one, two, three Payment of 
and four of chapter one hundred and fifty-five of the acts of benefite°pro^* 
the year nineteen hundred and four, as amended by chapter ^'"t®'^- 
two hundred and ninety-four of the acts of the year nineteen 
hundred and nine, are hereby re-enacted and made applicable 
for a period of one year following the date of the passage of 
this act, except that corporations acting under this re-enact- 
ment and extension shall not hereafter be allowed to pay 
funeral or natural death benefits. 

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

Approved March 5, 1912. 

An Act relative to the misuse of foreign flags. PJiav 197 
Be it enacted, etc., as follows: 

Whoever publicly mutilates, tramples upon, defaces, or Misuse of 
treats contemptuously the flag or emblem of a foreign country 
at peace with the United States, whether such flag or emblem 
is public or private property, or whoever displays such flag 
or emblem or any representation thereof upon which are 
words, figures, advertisements or designs, shall be punished 
by a fine of not less than five nor more than fifty dollars. 

Approved March 5, 1912. 



foreign flags, 
etc. 



132 



Acts, 1912. — Chaps. 198, 199. 



Stoneham 
Sewerage 
Loan, Act of 
1912. 



Payment of 
loan. 



Chap. 198 An Act to authorize the town of stoneham to borrow 

MONEY FOR SEWERAGE PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Stoneham, for the purposes 
mentioned in chapter two hundred and twelve of the acts of 
the year eighteen hundred and ninety-six, is hereby author- 
ized to borrow a sum not exceeding twenty-five thousand 
dollars in addition to the amount heretofore authorized by 
law to be borrowed by said town for sewerage purposes, and 
to issue for the money so borrowed bonds, notes or scrip; 
and the bonds, notes or scrip shall not be reckoned in deter- 
mining the statutory limit of indebtedness of the town. 
Such bonds, notes or scrip shall be denominated on the face 
thereof, Stoneham Sewerage Loan, Act of 1912; shall be 
payable within thirty years from the dates of issue; shall 
bear interest at a rate not exceeding four per cent per annum ; 
and shall be signed by the treasurer of the town and counter- 
signed by the board of public works. 

Section 2. Said town shall at the time of authorizing 
said loan provide for the payment thereof in such annual 
proportionate payments, beginning one year 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 will be 
sufficient to pay the interest as it accrues on said bonds, note 
or scrip and to make such payments on the principal as may 
be required under the provisions of this act shall, with- 
out further vote, be assessed by the assessors of said town in 
each year thereafter in the same manner in which other 
taxes are assessed, until the debt incurred by said loan is 
extinguished. 

Section 3. This act shall take effect upon its passage. 

Ayprowd March 6, 1912. 

Chap. 199 An Act to authorize the town of stoneham to borrow 

money for water purposes. 

Be it enacted, etc., as follows: 

Section 1. The town of Stoneham, for the purposes 
specified in chapter four hundred and seventy-three of the 
acts of the year eighteen hundred and ninety-seven, is hereby 
authorized to borrow a sum not exceeding twenty-five 



Stoneham 
Water Loan, 
Act of 1912. 



Acts, 1912. — Chap. 200. 133 

thousand dollars, in addition to the amount heretofore 
authorized by law to be borrowed by said town for water 
supply purposes, and to issue therefor, from time to time, 
bonds, notes or scrip. Such bonds, notes or scrip shall be 
denominated on the face thereof, Stoneham Water Loan, 
Act of 1912; shall be signed by the treasurer of the town and 
countersigned by the commissioners of public works; shall 
be payable within thirty years from the date of the first 
issue; and shall bear interest, payable semi-annually, at a 
rate not exceeding four per cent per annum. 

Section 2. Said town, at the time of authorizing said f^^^^^^^'^^ 
loan, shall provide for the payment thereof in such annual 
proportionate payments, beginning one year after the date 
of 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 
will be sufficient to pay the interest on such 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 taken from the income of the water depart- 
ment of the town in the said years, respectively, and if 
the said income is not sufficient the deficiency shall be sup- 
plied by taxes assessed and collected in the said years, re- 
spectively, in the same manner in which other taxes are 
assessed and collected. 

Section 3. This act shall take effect upon its passage. 

Approved March 6, 1912. 

An Act to authorize the city of Worcester to take land r*/.^^ onn 

AND TO BUILD STRUCTURES THEREON AND RENT THE SAME ^' 

AS A MUNICIPAL MARKET. 

Be it enacted, etc., as folloivs: 
Section 1. The citv of Worcester is hereby authorized The city of 

..111 , "'•.I 1 1 1 Worcester may 

to take land, or to acquire the same by purchase or other- take land, etc. 
wise, and to build structures thereon and to rent the same 
for use as a wholesale and retail municipal market. 

Section 2. The damages occasioned by the taking of Damages, 
lands, easement or rights under the authority of this act 
shall be determined in the same manner as in the case of 
the taking of land for highway purposes. 

Section 3. This act shall take effect upon its passage. 

Approved March 6, 1912. 



134 



Acts, 1912. — Chap. 201. 



Chap. 201 An Act relative to the marking of vessels or pack- 
ages CONTAINING INTOXICATING LIQUORS TRANSPORTED IN 
OR INTO CITIES OR TOWNS WHICH DO NOT GRANT LICENSES 
OF THE FIRST FIVE CLASSES. 



R. L. 100, § 49, 
etc., amended. 



Transportation 
of spirituous or 
intoxicating 
liquors. 



Be it enacted, etc., as follows: 

Section forty-nine of chapter one hundred of the Revised 
Laws, as amended by chapter five hundred and seventeen 
of the acts of the year nineteen hundred and seven and by 
section one of chapter four hundred and ninety-seven of 
the acts of the year nineteen hundred and ten, is hereby 
further amended by inserting after the word "marked", 
in the tenth hne, the words: ^ — in a conspicuous place, — 
and also by inserting before the word "with", in the twelfth 
line, the words: — also plainly and legibly marked on the 
same place or label as the addresses aforesaid, — so as to 
read as follows : — Section ^9. Spirituous or intoxicating 
liquor which is to be transported for hire or reward for de- 
livery in a city or town in which licenses of the first five 
classes are not granted, shall be delivered by the seller or 
consignor to a railroad corporation or steamboat corporation 
operating a regular line of steamships to Martha's Vineyard 
or Nantucket, or to a person or corporation regularly and 
lawfully conducting a general express business, and to no 
other person or corporation, in vessels or packages plainly 
and legibly marked in a conspicuous place on the outside 
with the name and address, by street and number, if there 
be such, of the seller or consignor, and of the purchaser 
or consignee, and also plainly and legibly marked on the 
same place or label as the addresses aforesaid with the kind 
and amount of liquor therein contained. No person or 
corporation not regularly and lawfully conducting a general 
express business, except a railroad corporation or steamboat 
corporation operating a regular line of steamships to Martha's 
Vineyard or Nantucket, or a street railway corporation 
authorized to carry freight or express, shall receive such 
liquors for transportation for hire or reward for delivery in 
a city or town, in which licenses of the firsf five classes are 
not granted, nor transport or deliver such liquors in such 
cities or towns. Delivery of such liquors or any part thereof 
by a railroad corporation, or steamboat corporation or by 
a person or corporation regularly and lawfully conducting 
a general express business to a person, other than the owner 



Acts, 1912. — Chaps. 202, 203. 135 

or consignee, whose name is marked by the seller or con- 
signor on said vessels or packages, or at any other place than 
is thereon marked, shall be deemed to be a sale by any person 
making such delivery to such person in the place in which 
such delivery is made. Aijprovcd March G, 1912. 



Chap.202 



An Act relative to the police force of the town of 
watertown. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and ^'^f^^'^^^^j^ ^' 
thirty-seven of the acts of the year eighteen hundred and 
eighty-nine is hereby amended by adding at the end thereof 
the words: — No increase shall be made in the regular police 
force of the town unless authorized by the voters at a legal 
town meeting, — so as to read as follows: — Section 1. All Jffi^.e'^f "police 
members of the regular police force of the town of Watertown oncers. 
shall hold office during good behavior. And such officers 
may be removed by a majority of the board of selectmen 
after due hearing for such cause as they may deem sufficient. 
No increase shall be made in the regular police force of the 
town unless authorized by the voters at a legal town meet- 
ing. 

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

Aijproved March 6, 1912. 

An Act relative to ruffed grouse and woodcock. Chav 20S 

Be it enacted, etc., as follows: 

Section one of chapter two hundred and thirty-six of the 1911, 236, § 1, 
acts of the year nineteen hundred and eleven is hereby '^"»'^'^'*'^'*- 
amended by striking out the word "fifteenth", in the two in- 
stances where it occurs in the second line, and inserting in 
place thereof, in each instance, the word : — twelfth, — so 
as to read as follows: — Section 1. It shall be unlawful, pose season 
excepting only between the twelfth day of October and the grouse, etc. 
twelfth day of November of each year, both dates inclusive, 
to hunt, pursue, take or kill a ruft'ed grouse, commonly 
called partridge, or a woodcock, 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 
ruffed grouse or woodcock or any part thereof, whenever or 
wherever the same may have been taken or killed; and it 



136 Acts, 1912. — Chaps. 204, 205, 206. 

shall be unlawful at any time to take or send or cause to be 
taken or transported bej'ond 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 
commonwealth. Approved March 8, 1912. 

Chap.204: An Act to change the name of simond's pond in sandis- 

FIELD TO LAKE MARGUERITE. 

Be it enacted, etc., as foUmcs: 

Change of Section 1. The name of Simond's Pond, so-called, 

situate in the town of Sandisfield, is hereby changed to Lake 
Marguerite, by which name the said body of water shall here- 
after be known and called. 
Section 2. This act shall take effect upon its passage. 

Approved March 8, 1912. 

Chap.205 An Act relative to the term of office of the commis- 
sion on the improvement of SALEM HARBOR.- 

Be it ei .acted, etc., as follows: 

1909, 153, §1. Section 1. Section one of chapter one hundred and 
fifty-three of the acts of the year nineteen hundred and nine 
is hereby amended by striking out the word "three", in the 
eighth line, and inserting in place thereof the word : — six, — 
Improvement ^^ ^^ *^ ^^^^^ ^^ follows: — Scctioii 1. Upou the passage 
of Salem of this act the mayor of the city of Salem shall appoint, sub- 

ject to confirmation by the city council, acting concurrently, 
five persons, inhabitants of said city, who shall constitute a 
commission on the improvement of Salem harbor, and shall 
serve without compensation. In case a vacancy shall occur 
in the commission, it shall be filled by appointment as afore- 
said. The term of office of the commissioners shall expire 
six years after the date of the passage hereof. 
Section 2. This act shall take effect upon its passage. 

Approved March 8, 1912. 

Chav. 20Q ^^ ^^^ MAKING an appropriation for the payment of 

PREMIUMS on securities PURCHASED FOR THE MASSA- 
CHUSETTS school fund. 

Be it enacted, etc., as follows: 

Premiums on Section 1. A sum uot excccding five thousand dollars 
purchased for is hereby appropriated, to be paid out of the treasury of the 



amended. 



Acts, 1912. — Chaps. 207, 208. 137 

commonwealth from the ordinary revenue, for the payment setts^sSol'"' 
by the treasurer and receiver general of premiums on se- ^^t^d. 
curities purchased for the Massachusetts School Fund, as 
provided for by section three of chapter forty-one of the 
Revised Laws. 
Section 2. This act shall take effect upon its passage. 

Approved March 8, 1912. 



An Act making an appropriation for the Massachusetts phfjj. on7 

INSTITUTE OF TECHNOLOGY. P- 

Be it enacted, etc., as follows: 

Section 1. The sum of one hundred thousand dollars is Massachusetts 
hereby appropriated, to be paid out of the treasury of the xechnobg^ 
commonwealth from the ordinary revenue, to the INlassa- 
chusetts Institute of Technology. 

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

Approved March 8, 1912. 



An Act relative to the water loan of the town of 

RUSSELL 



Chap.208 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter one hundred and isos. ise, § e. 
eightj^-six of the acts of the year nineteen hundred and ^*''' ^°'^'"^''**- 
three, as amended by chapter four hundred and six of the 
acts of the year nineteen hundred and ten, is hereby further 
amended by striking out the word "twenty-two", in the 
fifth line, and inserting in place thereof the word : — forty- 
seven, — so as to read as follows: — Section 6. Said towai Russeii 
may, for the purpose of paying the necessary expenses and water Loan, 
liabilities incurred under the provisions, of this act, issue 
from time to time, bonds, notes or scrip to an amount not 
exceeding forty-seven thousand dollars. Such bonds, notes 
or scrip shall bear on the face thereof the words, Russell 
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 
four per cent per annum, and shall be signed by the treasurer 
of the town and countersigned by the water commissioners 
hereinafter provided for. Said town may sell such securities 
at public or private sale at not less than par, or pledge the 



138 



Acts, 1912. — Chaps. 209, 210, 211. 



R. L. 157. § 29, 
amended. 



Criminal 

business at 
sittings of the 
superior court. 



same for money borrowed for the purposes of this act, upon 
such terms and conditions as it may deem proper. 
Section 2. This act shall take effect upon its passage. 

Apyroned March 9, 1912. 

Chap. 209 An Act to authorize the interchange of jurors in 

CIVIL AND CRIMINAL SESSIONS OF THE SUPERIOR COURT. 

Be it enacted, etc., as folloivs: 

Section twenty-nine of chapter one hundred and fifty- 
seven of the Revised Laws is hereby amended by adding at 
the end thereof the words: — but the jurors summoned for 
either civil or criminal business may by order of the court 
be used interchangeably for either civil or criminal business 
as occasion may require, — so as to read as follows: — Section 
29. In the counties in which separate sittings of the superior 
court are established for civil and criminal business, criminal 
cases only shall be tried by jury at the criminal sittings, and 
civil cases only at the civil sittings ; but the jurors summoned 
for either civil or criminal business may by order of the 
court be used interchangeably for either civil or criminal 
business as occasion may require. 

A'pyrcmed March 9, 1912. 

Chap. 210 An Act relative to investments that may be made 

BY THE TRUSTEES OF THE SMITH ACADEMY. 

Be it enacted, etc., as follows: 

Section 1. The Trustees of the Smith Academy in the 
town of Hatfield, incorporated by chapter sixty-eight of 
the acts of the year eighteen hundred and seventy-one, in 
accordance with the will of Sophia Smith, are hereby au- 
thorized to invest the funds of the corporation in such in- 
vestments as would, at the time of making the same, be lawful 
investments for savings banks in this commonwealth. 

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

Approved March 9, 1912. 

Chap. 211 An Act relative to the preparation and publication 

OF A RECORD OF MASSACHUSETTS SOLDIERS IN THE CIVIL 
WAR. 

Be it enacted, etc., as follows: 
Record of SECTION 1. All the powcrs and duties heretofore vested 

Massachusetts , •ii.i •• ,ii ij. 

soldiers in in or excrciscd by the commission created by chapter 

the civil war. 



Investments of 
the Trustees 
of the Smith 
Academy. 



Acts, 1912. — Chaps. 212, 213. 139 

four hundred and seventy-five of the acts of the year 
eighteen hundred and ninety-nine, as amended by chapter 
four hundred and ninety-one of the acts of the year nineteen 
hundred and eight and by chapter two hundred and forty- 
two of the acts of the year nineteen hundred and ten, are 
hereby transferred to and vested in the adjutant general, 
who is hereby constituted commissioner for the said pur- 
pose. 

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

Section 3. This act shall take effect upon its passage. 

Approved March 9, 1912. 

An Act to exempt druggists and drug clerks from Qhn^ 212 

RESTRICTIONS OF THE CIVIL SERVICE LAW. 

Be it enacted, etc., as follows: 

Section sixteen of chapter nineteen of the Revised Laws is r. l. lo, § i6, 
hereby amended by adding at the end thereof the words: — amended. 
The word vendor shall not apply to the proprietors of drug 
stores or their employees, — so as to read as follows: — Sec- Appointment 
Hon 16. No person habitually using intoxicating liquors in certain"""" 
to excess and no vendor of intoxicating liquors shall be °^^^''^' ^^'^■ 
appointed to or retained in any office, appointment or em- 
ployment to which the provisions of this chapter apply. The 
word vendor shall not apply to the proprietors of drug stores 
or their employees. Approved March 9, 1912. 

An Act to authorize the trustees of donations to the fhnnr) oiS 

PROTESTANT EPISCOPAL CHURCH TO HOLD ADDITIONAL REAL 
and PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter ninety of the acts i8io,9o,§3,etc., 
of the year eighteen hundred and ten, as amended by chapter ''"''^"'''■'*- 
one hundred and forty-four of the acts of the year eighteen 
hundred and ninety-nine, is hereby further amended by strik- 
ing out the word "forty", in the last fine, and inserting 
in place thereof the word: — eighty, — so as to read as 
follows: — Section 3. Be it further enacted, that the said Trustees of 

, . , . , Donations to 

trustees, and then* successors, m their corporate name and the Protestant 
capacity, shall be, and hereby are made capable in law to church may 
receive, take, hold, possess, manage, dispose of, lease, bar- estate^ etc.'°" 
gain, sell, and improve, conformably to the intentions, and 



140 Acts, 1912. — Chap. 214. 

subject to the limitations and directions of the donors, all 
donations of money and other personal estate, and of lands 
and tenements and other real estate, which shall and may be 
lawfully given, devised or transferred to the said trustees, 
and which shall be lawfull}^ vested in, or recovered by them, 
and whereof the proceeds, profits, income, or beneficial in- 
terest shall be directed to the purpose of supporting a bishop 
in the protestant episcopal church, or of promoting any re- 
ligious or charitable institution of the said association of 
churches within this commonwealth; and to receive, take, 
hold, manage, and improve any other real or personal estate 
which shall be lawfully conveyed, granted, or assigned to the 
said corporation in trust, and whereof the income shall be 
directed and appropriated to the support of a religious 
pastor or teacher in any society or church, members of the 
said association of churches, under the superintendence of 
Proviso. the same bishop : provided, that the estates, real and personal, 

which may be vested in the said corporation, other than 
such estates and property as may be conveyed or assigned in 
trust for the support of a religious pastor or teacher as afore- 
said, shall not exceed, at any one time, in the annual income 
thereof, collected by said corporation, the sum of eighty 
thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Af.'proved March 9, 1912. 

Chap. 214: An Act to authorize the town of ashfield to borrow 
A certain sum of money and to issue notes therefor. 

Be it enacted, etc., as follows: 

T¥c**lj°°^ Section 1. For the purpose of paying certain outstand- 

Ashfield may . . n ^ i i i i i n 

borrow a mg notcs amountmg to nve thousand two hundred dollars, 

money, etc. thc town of Ashficld 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 six notes so issued shall be seven hundred 
and fifty dollars each, and the amount of the seventh note 
shall be seven hundred dollars. The said notes shall be 
signed by the treasurer and countersigned by the selectmen 
of the town, and shall bear interest 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 



Acts, 1912. — Chaps. 215, 216. 141 

raised by taxation in the same manner in which the other 
expenses of the town are provided for. 

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

Approved March 9, 1912. 

An Act in addition to an act making an appropriation Qfidj) 215 

FOR the payment OF INTEREST ON THE DIRECT DEBT OF 
THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding thirty-six thousand six Appropriation 
hundred and eighty dollars is hereby appropriated, to be interest? etc! ° 
paid out of the treasury of the commonwealth from the 
ordinary revenue, to meet the interest on certain serial 
bonds during the present year as provided for by chapter 
two, section one, article eleven, of the constitution of Mas- 
sachusetts, the same being the estimate of the treasurer and 
receiver general. 

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

Approved March 9, 1912. 

An Act to authorize the town of danvers to incur f/,^^ 2I6 

ADDITIONAL INDEBTEDNESS FOR THE IMPROVEMENT OF ITS 
WATER SUPPLY. 

Be it enacted, etc., as follows: 

Section 1. The town of Danvers is herebv authorized P/*"'*^!;^ 

„ . . • Water Loan, 

to issue from time to time, to an amount not exceeding sixty ^^tof 1912. 
thousand dollars, notes or bonds payable by such annual 
proportionate payments, beginning not more than one year 
after the date of the first issue of any such notes or bonds, as 
will extinguish the debt incurred under this act within thirty 
years from the date of issue of the first note or bond. Said 
notes or bonds shall bear interest at a rate not exceeding four 
per cent per annum, payable semi-annually; shall be signed 
by the treasurer and countersigned by the selectmen of the 
town; and shall be denominated on the face thereof, Danvers 
Water Loan, Act of 1912. The proceeds of said notes or 
bonds shall be used only for construction purposes in the 
water department of the town, but no purchaser of any of 
the said notes or bonds shall be responsible for the applica- 
tion of the proceeds. 
Section 2. This act shall take effect upon its passage. 

Approved March 9, 1912. 



142 



Acts, 1912. — Chaps. 217, 218. 



Chap. 217 An Act making an appropriation for military expenses 
IN preserving order during the strike of mill opera- 
tives IN THE CITY OF LAWRENCE. 

Be it enacted, etc., as follows: 

Appropriation Section 1. A Slim not cxceedinff one hundred and fifty 

for pressrving , , 

order in the city thousand dollars IS hereby appropriated, to be paid out of 
the treasury of the commonwealth from the ordinary revenue, 
to meet the mihtary expenses incurred in preserving order 
in the city of Lawrence during the period of the strike in 
certain mills. Bills therefor shall be approved by the 
adjutant general and shall be filed with the auditor of the 
commonwealth for payment. 

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

Appr&ced March 9, 1912. 

Chap. 21S An Act to regulate the use of utensils for testing 
the composition or value of milk and cream. 

Be it enacted, etc., as follows: 

Section 1. No bottle, pipette, or other measuring glass 
or utensil shall be used in this commonwealth by any in- 
spector of milk or cream, or by any person in any milk in- 
spection laboratory, in determining, by the Babcock or other 
centrifugal machine, the composition of milk or cream for 
the purposes of inspection; or by any person in any milk 
depot, creamery, cheese factory, condensed milk factory or 
other place in determining, by the Babcock or other cen- 
trifugal machine, the composition or value of milk or cream 
as a basis for payment in buying or selling, until it has been 
tested for accuracy and verified by the director of the Mas- 
sachusetts agricultural experiment station, or by his duly 
designated deputy or deputies. Every such bottle, pipette, 
or other measuring glass or utensil shall be submitted to the 
said director by the owner or user thereof, to be tested for 
accuracy before the same is used in this commonwealth for 
the purposes aforesaid. The owner or user shall pay to 
the said director for the use of the said station as a fee for 
making the test, a sum not exceeding five cents for each 
bottle, pipette, or other measuring glass or utensil tested. 
Any bottle, pipette, or other measuring glass or utensil that 
has been tested and verified as aforesaid shall be marked by 
the director or by his said deputy or deputies to indicate the 



Regulating the 
use of utensils 
for testing milk 
and cream. 



Acts, 1912. — Chap. 218. 143 

fact, or if tested and found to be inaccurate may be marked 
by him or them to indicate that it is inaccurate. No bottle, 
pipette, or other measuring glass or utensil that has been 
marked by the said director, or by his duly designated deputy 
or deputies, to indicate that it is inaccurate shall be used in 
this commonwealth by any person in determining the com- 
position or value of milk or cream. 

Section 2. Every Babcock or other centrifugal machine inspection by 
used in this commonwealth by any inspector of milk or of*the'^^'^*"' 
cream, or by any person in any milk inspection laboratory experim^t"^ 
for determining the composition of milk or cream for pur- station, etc 
poses of inspection, or by any person in any milk depot, 
creamery, cheese factory, condensed milk factory or other 
place for determining the composition or value of milk or 
cream as a basis for payment in buying or selling, shall be 
subject to inspection at least once in each year by the director 
of the Massachusetts agricultural experiment station or by 
an inspector or deputy of the said director. The owner or 
user of any such centrifugal machine shall pay to the said 
director for the use of said station as a fee for making such 
annual inspection the actual cost of such inspection for 
each machine inspected. 

Any Babcock or other centrifugal machine used as afore- Certain 
said that is not, in the opinion of the director, or of an in- be^condenmed. 
spector or deputy of the said director, in condition to give ^*°- 
accurate results, may be condemned by the director or 
by his inspector or deputy. No Babcock or other centrifugal 
machine that has been condemned by said director or by an 
inspector or deputy of the director as not in condition to give 
accurate results shall be used in this commonwealth by any 
person for determining the composition or value of milk or 
cream as aforesaid, unless the machine be changed to the 
satisfaction of the said director or of his inspector or deputy, 
and approved by him. 

Section 3. No inspector of milk or cream, and no person certificate 
in any milk inspection laboratory, shall manipulate the to'^bel^ued by 
Babcock or other centrifugal machine for the purpose of ^h^ director, 
determining the composition of milk or cream for purposes of 
inspection, and no person in any milk depot, creamery, 
cheese factory, condensed milk factory, or other place in 
this commonwealth shall manipulate the Babcock or other 
centrifugal machine for the purpose of determining the com- 
position or value of milk or cream as a basis for payment in 



144 



Acts, 1912. — Chap. 218. 



Issu« of 

certificates, 

etc. 



Duties of the 
direclor, etc. 



buying or selling, without first obtaining a certificate from 
the director of the Massachusetts agricultural experiment 
station, or his duly designated deputy, that he is competent 
to perform such work. The fee for such certificate shall be 
two dollars, and shall be paid by the applicant therefor to 
the said director for the use of the said station. In case any 
holder of a certificate is notified by the director, or by his 
duly designated deputy, to correct his use of a Babcock or 
other centrifugal machine, the actual cost of making an 
inspection to ascertain if the said person has corrected his 
use of the said machine shall be paid by the said person or 
by his employer to the director for the use of the said station. 
No holder of a certificate whose authority to manipulate a 
Babcock or other centrifugal machine has been revoked by 
the director of the Massachusetts agricultural experiment 
station, or by his duly designated deputy, shall thereafter 
manipulate in this commonwealth any centrifugal machine 
for the purposes aforesaid. 

Section 4. The director of the Massachusetts agricul- 
tural experiment station and his duly designated deputy are 
hereby authorized to issue certificates of competency to such 
persons desiring to manipulate the Babcock or other cen- 
trifugal machine as, in the opinion of the dhector or his 
deputy, are competent to manipulate said machines. The 
said director or his deputy may make and enforce rules 
governing applications for such certificates and the granting 
thereof and may, in his discretion, revoke the authority of 
any holder of a certificate who, in the opinion of the director 
or of his deput}', or of an inspector of the said director, is 
not correctly manipulating any centrifugal machine as afore- 
said, or is using dirty or otherwise unsatisfactory glassware 
or utensils. 

Section 5. It shall be the duty of the director of the 
Massachusetts agricultural experiment station, and he is 
hereby authorized, to test or cause to be tested all bottles, 
pipettes and other measuring glasses or utensils submitted 
to him as provided in section one, to inspect or cause to be 
inspected at least once each year every Babcock or other 
centrifugal machine used in this commonwealth by an in- 
spector of milk or cream, or by any person in any milk in- 
spection laboratory, for purposes of inspection, or by any 
person in any milk depot, creamery, cheese factory, condensed 
milk factory, or other place for determining the composition 



Acts, 1912. — Chap. 218. 145 

or value of milk or cream as a basis for payment in buying 
or selling, and to collect or cause to be collected for the use 
of said station the fees or actual cost of tests and inspections 
provided for in this act. The said director, his inspectors 
and deputies are further authorized to enter upon any prem- 
ises in this commonwealth where any centrifugal machine 
is used as aforesaid to inspect the same and to ascertain if • 
the provisions of this act are complied with. 

Section 6. Any person hindering or obstructing the Penalty. 
director of the Massachusetts agricultural experiment station, 
or any inspector or deputy of the said director, in the dis- 
charge of the authority or duty imposed upon him or them 
by any provision of this act, and any person violating any 
of the provisions of sections o'ne, two and three of this act 
shall be punished by a fine of not less than fifteen and not 
more than fifty dollars for each offence. 

Section 7. It shall be the duty of the director of the Prosecutipna 
Massachusetts agricultural experiment station to see that oulw. 
the provisions of this act are complied with, and he may 
in his discretion prosecute or cause to be prosecuted any 
person violating any provision of this act. But this act 
shall not be construed to affect any persons using any cen- 
trifugal or other machine or test in determining the com- 
position or value of milk or cream when such determination 
is made for the information of such persons only, and not 
for purposes of inspection, or as a basis for payment in buy- 
ing or selling. 

Section 8. A sum not exceeding five hundred dollars cost of 
yearly shall be allowed and paid out of the treasury of the p'"'"'®^"*'*"*^- 
commonwealth to meet the cost of prosecutions under this 
act, to be paid upon the presentation to the treasurer of the 
commonwealth by the director of the Massachusetts agricul- 
tural experiment station of proper vouchers therefor. 

Section 9. The word " person " as used in this act shall ■^pereon'^" de- 
include a corporation, association or partnership of two or ^'^^'^■ 
more persons having a joint or common interest. 

Section 10. Sections sixty-five to sixty-nine, inclusive, Repeal, 
of chapter fifty-six of the Revised Laws, and chapter four 
hundred and twenty-five of the acts of the year nineteen hun- 
dred and nine are hereby repealed. 

Section 11. This act shall take effect on the first day of J^^^^f^g^^^ 
July in the year nineteen hundred and twelve. 

Approved March 9, 1912. 



146 



Acts, 1912. — Chaps. 219, 220. 



Minimum 
salaries of 
certain clerks 
established. 



Chap. 219 An Act to establish minimum salaries of clerks of the 

SUPERIOR AND SUPREME JUDICIAL COURTS. 

Be it enacted, etc., as follows : 

Section 1. The minimum annual salary of the clerk of 
the superior court and supreme judicial court for any county 
other than Dukes County and Nantucket shall be sixteen 
hundred dollars, to be so allowed from the first day of Jan- 
uary in the year nineteen hundred and twelve. 

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

Ajyproved March 9, 1912. 

Chap.220 An Act to authorize the town of mattapoisei^t to supply 

itself with water. 

Be it enacted, etc., as follows: 

Section 1. The town of Mattapoisett may supply itself 
and its inhabitants with water for the extinguishment of 
fires and for domestic and other purposes ; may establish foun- 
tains and hydrants, and relocate or discontinue the same, and 
may regulate the use of the water and fix and collect rates 
to be paid therefor. 

Section 2. The said town may obtain its water supply 
by means of driven, artesian or other wells, or may take, or 
acquire by purchase or otherwise, and hold the water of 
any pond, stream or spring, or artesian or driven well, within 
the limits of the town, and the water rights connected with 
any such water sources, and also all lands, rights of way and 
easements necessary for holding and preserving the water 
and for conveying the same to any part of the town : provided, 
that no source of water supply for domestic purposes and 
no lands necessary for preserving the quality of such water 
shall be taken without first obtaining the advice and ap- 
proval of the state board of health. Said town may also 
erect on the land taken or held as aforesaid, proper dams, 
buildings, reservoirs, standpipes, tanks and other structures, 
and may make excavations, procure and operate machinery, 
and provide such other means and appliances as may be 
necessary for the establishment and maintenance of complete 
and effective water works; and may construct and lay con- 
duits, pipes and other works under or on any lands, water 
courses, railroads, railways or public or private ways, and 
along any such ways, in such manner as not unnecessarily to 



The town of 
Mattapoisett 
may supply 
itself with 
water. 



May take and 
hold certain 
sources of 
water supply, 
etc. 



Proviso. 



Acts, 1912. — Chap. 220. 147 

obstruct the same; and for the purpose of constructing, main- 
taining and repairing such conduits, pipes and other works, 
and for all proper purposes of this act the town may dig up 
any lands or ways in such manner as to cause the least 
hindrance to public travel on such ways. 

Section 3. The town shall, within ninety days after the Taking to be 
taking of any land, rights of way, water rights, water sources '^'^'^^'^ e , e c. 
or easements as aforesaid, otherwise than by purchase, file 
and cause to be recorded in the registry of deeds for the 
county and district within which such land or other property 
is situated, a description thereof sufficiently accurate for 
identification, with a statement of the purpose for which the 
same was taken, signed by the water commissioners herein- 
after provided for. 

Section 4. The town shall pay all damages to property Damages, 
sustained by a person or corporation by the taking of any 
land, right of way, water, water source, water right or ease- 
ment, or by any other thing done by the town under authority 
of this act. Any person or corporation sustaining damages 
as aforesaid, who fails to agree with the town as to the amount 
thereof, may have the same determined in the manner pro- 
vided by law in the case of land taken for laying out highways, 
on application at any time within the period of two years 
after the taking of such land or other property or the doing of 
other injury under authority of this act; but no such applica- 
tion shall be made after the expiration of two years, and no 
assessment of damages upon any such application shall be 
made for the taking of any water, water right, or for any 
injury thereto, until the water is actually withdrawn or 
diverted by said town under the authority of this act. 

Section 5. The said town may, for the purpose of pay- Town of 
ing the necessary expenses and liabilities incurred under the water^oln* 
provisions of this act, issue from time to time, bonds, notes 
or scrip to an amount not exceeding one hundred thousand 
dollars. Such bonds, notes or scrip, shall bear on their face 
the words. Town of IMattapoisett Water Loan, and 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 
town and countersigned by the water commissioners herein- 
after provided for. Said town may sell such securities at 
public or private sale, and upon such terms and conditions 



148 



Acts, 1912. — Chap. 220. 



Payment of 
loan. 



Money to be 
raised by 
taxation, etc. 



Contracts, etc. 



Penalty for 
corrupting 
or polluting 
water, etc. 



Water com- 
missioners; 
election, term, 
etc. 



as it may deem proper; but the securities shall not be sold 
for less than their par value. 

Section 6. The town shall, at the time of authorizing 
the said loan, provide for the payment thereof in such annual 
proportionate payments, beginning five years after the first 
issue of such bonds, notes or scrip, 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 7. The town shall raise annually by taxation 
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, and to make such payments on the 
principal as may be required under the provisions of this act. 

Section 8. The town may contract with any person or 
corporation, and may purchase any interest in any property 
which may be deemed necessary to carry out the provisions 
of this act, and may hold such interest and property. 

Section 9. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water taken or held by said town 
under this act, or destroys or injures any structure, work 
or other property owned, held or used by the town under 
the authority and for the purposes of this act shall forfeit 
and pay to the town three times the amount of damages 
assessed therefor, to be recovered in an action of tort; and 
upon conviction of any of the said wilful or wanton acts shall 
be punished by a fine not exceeding three hundred dollars or 
by imprisonment for a term not exceeding one year. 

Section 10. The town shall, after its acceptance of 
this act at a town meeting called for the purpose, elect by 
ballot three persons to hold office, one until the expiration 
of three years, one until the expiration of two years and one 
until the expiration of one year from the next succeeding 
annual town meeting, to constitute a board of water com- 
missioners ; and at every annual town meeting thereafter one 
water commissioner shall be elected by ballot for a term of 
three years. All the authority granted to said town by 
this act and not otherwise specifically provided for shall be 
vested in said board of water commissioners, who shall be 



Acts, 1912. — Chap. 221. 149 

subject however to such instructions, rules and regulations 
as the town may impose by its vote. A majority of said 
commissioners shall constitute a quorum for the transaction 
of business. Any vacancy occurring in the board from any 
cause may be filled for the remainder of the unexpired term 
by the town at any town meeting called for the purpose. 

Section 1 1 . This act shall take effect upon its acceptance Time of 
by a majority of the voters present and voting thereon by ^* '°^ ^ ***' 
ballot at any annual town meeting of the town of ]\Iatta- 
poisett within three years after its passage, or by a two thirds 
vote at any special meeting called for the purpose within that 
time, at which special meeting at least seventy-five voters are 
present and voting, but the number of special meetings so 
called in anj' one year shall not exceed two. So far as it 
relates to acceptance by the said town this act shall take 
effect upon its passage. Approved March 9, 1912. 

An Act relative to notices required from persons ph^^ oo-i 

CLAIMING damages FOR INJURIES BY REASON OF DEFECTS ^' 

IN HIGHWAYS. 

Be it enacted, etc., as jollows: 

Section 1. Section twenty-one of chapter fifty-one of RL. si. §21. 
the Revised Laws, as amended by section one of chapter one 
hundred and sixty-six of the acts of the year nineteen hundred 
and ten, is hereby further amended by adding at the end 
thereof the words : — Any form of written communication 
signed by the person so injured, or by some person in his 
behalf, or by his executor or administrator, or by some 
person in behalf of such executor or administrator, which 
contains the information that the person was so injured, 
giving the time, place and cause of the injury or damage, shall 
be considered a sufficient notice, — so as to read as follows: — 
Section 21. Such notice shall be in writing, signed by the to whom 
person injured or by some one in his behalf, and may be given, Tn/ury shall 
in the case of a county, to one of the county commissioners be given, etc 
or the county treasurer; in the case of a city, to the mayor, 
the city clerk or treasurer; and in the case of a town, to one 
of the selectmen or to the town clerk or treasurer. If the 
person injured dies within the time required for giving the 
notice, his executor or administrator may give such notice 
within thirty days after his appointment. If by reason of 
physical or mental incapacity it is impossible for the person 



150 



Acts, 1912. — Chaps. 222, 223. 



injured to give the notice within the time required, he may 
give it within ten days after such incapacity has been re- 
moved, and if he dies within said ten dajs his executor or 
administrator may give the notice within thirty days after 
his appointment. Any form of written communication 
signed by the person so injured, or by some person in his 
behalf, or by his executor or administrator, or by some person 
in behalf of such executor or administrator, which contains 
the information that the person was so injured, giving the 
time, place and cause of the injury or damage, shall be con- 
sidered a sufficient notice. 
Section 2. This act shall take effect upon its passage. 

Approved March 9, 1912. 



Custody of 
valuation 
books of cities 
and towns. 



Chap. 222 An Act relative to the custody of valuation books of 

CITIES AND towns. 

Be it enacted, etc., as follows: 

Section 1. Copies of assessors' valuation books and 
copies of the table of aggregates required by section sixty of 
Part I of chapter four hundred and ninety of the acts of the 
year nineteen hundred and nine to be filed with the tax 
commissioner shall remain in his custody, and such similar 
books and tables as have heretofore been filed with and are 
now in the possession of the secretary of the commonwealth 
shall be delivered by him to the tax commissioner at such 
time as the commissioner shall provide storage room for 
them, and shall be held by the tax commissioner subject to 
laws now or hereafter in force. 

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

Approved March 9, 1912. 



Cliav 223 A^ ^^^ RELATIVE to public playgrounds in certain 

TOWNS. 

Be it enacted, etc., as follows: 

Section 1. Every town in the commonwealth having a 
population of more than five thousand which accepts the 
provisions of this act shall, after the first day of January in 
the year nineteen hundred and thirteen, provide and there- 
after maintain at least one public playground conveniently 
located and of suitable size and equipment, for the recreation 
and physical education of the minors of the town. 



Public 

playgrounds 
to be 

maintained 
in certain 
towns. 



Acts, 1912. — Chap. 224. 151 

Section 2. Towns may appoint, and determine the com- Appointment 
pensation of, a qualified director of each playground, who "j^'*"*''**''' 
shall direct the sports and exercises thereon. 

Section 3. In towns where the provisions of this act are Taking of 
not already satisfied, land for the purpose aforesaid may be 
taken in accordance with the provisions of sections nineteen 
and twenty of chapter twenty-eight of the Revised Laws, as 
amended by sections one and two of chapter five hundred 
and eight of the acts of the year nineteen hundred and ten, 
and the money necessary to pay for such land may be raised 
in accordance with section twenty-one of said chapter, and 
any land owned by the town may be set aside by vote of the 
selectmen for the purposes of this act. 

Section 4. In towns which have a population of more Acceptance of 
than five thousand and which have not already satisfied 
the provisions of this act, at the request of ten per cent of 
the voters, by petition to the selectmen filed fifteen days 
before the day of the annual election of town officers, the 
following question shall be placed on the official ballot at 
the next town election: Shall chapter of the year nine- 
teen hundred and twelve requiring certain towns to provide 
public playgrounds be accepted by this town? 

Section 5. This act shall take effect in any tow^n to Time of 
which it applies upon its acceptance by a majority of the ** '""'^ ** " 
voters voting as aforesaid. Approved March 9, 1912. 

An Act to approve the purchase by the united states nhnnr, 224 

OF a parcel of land in the town of LITTLETON AND TO ' ^' 
cede jurisdiction OVER THE SAME TO THE NATIONAL 
GOVERNMENT. 

Be it enacted, etc., as follows: 

Section 1. The consent of the commonwealth of Mas- certain parcel 
sachusetts is hereby granted to the purchase by the United town'oV" *''" 
States of America, for the purpose of a cattle quarantine ceaed to"the 
station, of a parcel of land in the town of Littleton, bounded united states. 
by Harwood avenue, the Mill Pond, and land now or for- 
merly of A. P. Hagar, C. H. Conant, S. Blanchard and Joseph 
A. Harwood, comprising an area of thirty-nine and fifty- 
seven one hundredths acres. 

Section 2. Jurisdiction over the land so purchased is jurisdiction. 
hereby granted and ceded to the United States: jnovided, Proviso. 
and the cession and consent aforesaid are granted upon the 



152 Acts, 1912. — Chaps. 225, 226. 

express condition, that the commonwealth shall retain a con- 
current jurisdiction with the United States in and over the 
land so purchased, in so far that all civil processes and such 
criminal processes as may issue under the authority of the 
commonwealth against any person or persons charged with 
crimes committed without the said tract of land, may be 
executed therein in the same manner as though this cession 
had not been granted. 
Plan to be SECTION 3. This act shall be void unless a suitable plan 

office of the or plaus of tlic premises purchased by the Ignited States under 
th^comLon- the provisions hereof shall be deposited in the office of the 
weath. secretary of the commonwealth within one year after the 

passage of this act. 
Section 4. This act shall take effect upon its passage. 

Approved March 9, 1912. 

Chap.225 An Act making an appropriation for sundry serial 

BONDS. 

Be it enacted, etc., as follows: 

fo^'paymenr SECTION 1. Thc sum of thirty-four thousand eight hun- 
ser?a[blnd3 ^^^^ forty-two dollars and forty-eight cents is hereby 
appropriated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, to meet the principal 
of certain serial bonds, to be in addition to any amount 
heretofore appropriated for the same purpose, to wit: — For 
Abolition of Grade Crossings bonds due November first, 
nineteen hundred and twelve, fifteen thousand two hundred 
and fifty-five dollars; for Armory bonds due September 
first, nineteen hundred and twelve, thirty-six hundred five 
dollars and sixty-three cents; and for State Highway bonds 
due October first, nineteen hundred and twelve, fifteen thou- 
sand nine hundred eighty-one dollars and eighty-five cents. 
Section 2. This act shall take effect upon its passage. 

Approved March 9, 1912. 

Chap. 226 An Act relative to admitting witnesses to bail. 
Be it enacted, etc., as follows: 

fmhdll' ^ ^''' Section fifty-six of chapter two hundred and seventeen of 
the Revised Laws is hereby amended by inserting after the 
word "prisoner", in the fifth line, and also in the seventh 
line, the words: — or witness, — so as to read as follows: — 



Acts, 1912. — Chap. 227. 153 

Section 56. A lustice of the supreme iudicial court or of wimt 

Ill<l£riSLrtlt6S 

the superior court, a standing or special commissioner ap- may admit to 



bail, etc. 



pointed by either of said courts, a justice or clerk of a police, 
district or municipal court, a master in chancery or a trial 
justice, upon application of a prisoner or witness held under 
arrest or committed, either on a warrant or without one, or 
held in the custody of an officer under a mittimus, may in- 
quire into the case and admit such prisoner or witness to 
bail; and may admit to bail any person who is committed 
for not finding sureties to recognize for him. All persons 
authorized to take bail under the provisions of this section 
shall be governed by the rules established by the supreme 
judicial court or the superior court. 

Approved March 9, 1912. 

An Act relative to the construction of a new bridge rjidy 227 

OVER THE WEYMOUTH BACK RIVER BETWEEN THE TOWNS 
OF WEYMOUTH AND HINGHAM. 

Be it enacted, etc., as follows: 
Section 1. Section one of chapter seven hundred and isn. 739 § i, 

!• • PI (•! • 1111 amended. 

thu-ty-nme 01 the acts 01 the year nmeteen hundred and 
eleven is hereby amended by striking out the words "one 
year", in the sixth line, and inserting in place thereof the 
words : — eighteen months, — by striking out the word 
"eighty", in the fourteenth line, and inserting in place 
thereof the words: — one hundred and five, — and by 
striking out the last sentence thereof, so as to read as follows : 
— Section 1. The three members of the board of harbor construction 
and land commissioners, the chairman of the county com- bridge^over 
missioners of Norfolk county and the chairman of the county BacTriver 
commissioners of Plymouth county are hereby appointed as '^*''- 
a board of bridge commissioners and are authorized and di- 
rected, within eighteen months after the passage of this 
act, subject to the provisions of chapter ninety-six of the 
Revised Laws, of all amendments thereof, and of all other 
general laws which may be applicable, to remove the existing 
bridge or bridges and to construct a new bridge with suitable 
approaches substantially replacing the present bridge over 
the Weymouth Back river, so-called, connecting the town 
of Weymouth with the town of Hingham, at an expense not 
exceeding one hundred and five thousand dollars. The said 
bridge shall be constructed with a draw having an opening of 



154 Acts, 1912. — Chaps. 228, 229. 

not less than fifty feet in width, and shall be of such width, 

grade, material and construction as said board of bridge 

commissioners shall deem reasonably necessary and proper. 

1911, 739, § 2, Section 2. Section two of said chapter seven hundred 

amended. i , . . . , , i i i -i • i 

and thirty-nine is hereby amended by striking out the words 
"forty thousand", in the fourteenth and fifteenth lines, and 
inserting in place thereof the words: — fifty-two thousand 
five hundred. 

Section 3. This act shall take effect upon its passage. 

Approved March 9, 1912. 

Chap. 22S An Act to authorize the release by the commonwealth 

OF CERTAIN RESTRICTIONS AND EASEMENTS AFFECTING 
LAND IN CAMBRIDGE. 

Be it enacted, etc., as follows: 

Certain land SECTION 1. The armory Commissioners are hereby authoi- 

ma^Te'^"'^^^ izcd in the name and behalf of the commonwealth to release 
MLsslchusetts land on the east side of Massachusetts avenue in Cambridge, 
fehnoK. purchased by the Massachusetts Institute of Technology, 
from the operation and effect of any restrictions and ease- 
ments affecting said land which the commonwealth may have 
the right to enforce and enjoy as owner of land on the west 
side of said Massachusetts avenue, between Wellesley and 
Vassar streets, used for armory purposes. 

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

Approved March 13, 1912. 

Chap. 229 An Act further to prohibit the making of political 

contributions by BUSINESS CORPORATIONS. 

Be it enacted, etc., as follows: 

1908, 483. §1. Section 1. Section one of chapter four hundred and 
eighty-tlu-ee of the acts of the year nineteen hundred and 
eight is hereby amended by striking out all after the word 
"shall", in the fourth line, and inserting in place thereof 
the words: — directly or indirectly give, pay, expend or 
contribute, or promise to give, pay, expend or contribute 
any money or other valuable thing in order to aid, promote 
or prevent the nomination or election of any person to pub- 
lic office, or in order to aid, promote or antagonize the inter- 
ests of any political party. No person or persons, no political 
committee and no person acting under the authority of a 
political committee, or in its behalf, shall solicit or receive 



amended. 



Acts, 1912. — Chap. 230. 155 

from such corporation any such gift, payment, expenditure 
or contribution, or any promise to give, pay, expend or con- 
tribute, — so as to read as follows : — Section 1 . Xo busi- Political 
ness corporation incorporated under the laws of, or doing Ty^busi^eM^ 
business in this commonwealth, and no officer or agent acting pr^btted!^ 
in behalf of such corporation, shall directly or indirectly give, 
pay, expend or contribute, or promise to give, pay, expend 
or contribute any money or other valuable thing in order to 
aid, promote or prevent the nomination or election of any 
person to public office, or in order to aid, promote or antago- 
nize the interests of any poHtical party. No person or per- 
sons, no political committee and no person acting under the 
authority of a political committee, or in its behalf, shall 
solicit or receive from such corporation any such gift, pay- 
ment, expenditure or contribution, or any promise to give, 
pay, expend or contribute. 

Section 2. Section two of said chapter four hundred amlnd^.^ ^' 
and eighty-three is hereby amended by inserting after the 
word "violation", in the fifth line, the words: — or any per- 
son who violates or in any way knowingly aids or abets the 
violation of any provision of this act, — so as to read as 
follows : — Section 2. Any corporation violating the pro- penalty, 
visions of this act shall be punished by a fine of not more 
than ten thousand dollars, and any officer, director or agent 
of a corporation \Tolating any p^o^^sion of this act or author- 
izing such violation, or any person who violates or in any 
way kno\\-ingly aids or abets the violation of any provision 
of this act, shall be punished by a fine of not more than five 
thousand dollars or by imprisonment for not more than six 
months. Approved March 13, 1912. 

An Act to incorpoil\te the woodl-^wn cemetery asso- /^z,^^ ooa 

CIATION. - ' ' 

Be it enacted, etc., as follows: 

Section 1. Everett S. Capron, Lucius Z. Carpenter, woodiawn 
Daniel H. Smith, Charles H. ^^^leeler, ]^.Iark E. Rowe, Asrod^mn 
Orville P. Richardson, Raymond ^L Horton, and ^Yilliam -^-■T^^'-'^^d. 
J. Luther, their associates and successors, are hereby made 
a corporation by the name of the Woodiawn Cemetery Asso- 
ciation, for the purpose of acquiring, maintaining, improv- 
ing, and enlarging for a place of burial of the dead, certain 
land set apart and known as the Woodiawn Cemetery, situ- 
ated in the town of Attleborough. Said corporation shall 



156 



Acts, 1912. — Chap. 230. 



Possession 
and control of 
cemetery. 



Proviso. 
Membership. 



Proceeds of 
Bales, etc., to 
be applied to 
the use of the 
cemetery. 



Grants, 
gifts and 
bequests, etc. 



By-laws, etc. 



have all the powers and privileges and shall be subject to all 
the general laws now or hereafter in force applicable to such 
corporations. 

Section 2. The said corporation is hereby authorized to 
acquire possession and control of said cemetery and of all 
personal estate, including deposits in savings banks, mort- 
gages on real estate and cash on hand, owned by the stock 
company known as the Woodlawn Cemetery Association, 
and may acquire by purchase or otherwise land not exceed- 
ing twenty acres for the purposes of the association, in addi- 
tion to the land now contained within the limits of the said 
Woodlawn Cemetery. The said corporation is hereby au- 
thorized to receive, hold and manage all the trust funds 
now held by the said stock company for the perpetual care 
of lots in the said cemetery, subject to the terms of the trust 
and to all agreements and liabilities now in force in respect 
to such trust funds: provided that nothing herein contained 
shall affect the individual rights of proprietors in said cemetery. 

Section 3. All persons now or hereafter owning lots or 
any interest in lots in said cemetery may become members 
of the corporation on application to the secretary, and when 
any person shall cease to be the proprietor of a lot or of an 
interest in a lot in the lands of the corporation he shall cease 
to be a member thereof. 

Section 4. The net proceeds of sales of lots in the lands 
held by the said corporation, and any bequests made to it, 
shall be applied to the preservation, improvement, embelHsh- 
ment, protection or enlargement of said cemetery, and to 
paying the incidental expenses thereof, and to no other 
purpose. 

Section 5. The said corporation is hereby authorized to 
take and hold any grant, gift or bequest of property, upon 
trust, and to apply the same or the income thereof to the 
improvement, embellishment, protection or enlargement of 
said cemetery, or of any lot therein, or for the erection, re- 
pair, preservation or removal of any monument, fence or 
other structure therein, or for the planting or cultivation of 
trees, shrubs or plants in or around any lot, or for improving 
said premises in any manner consistent with the object of 
the corporation, according to the terms of such grant or 
bequest. 

Section 6. The said corporation may by its by-laws pro- 
vide for such officers as may be necessary, and may define 



Acts, 1912. — Chap. 231. 157 

their powers and duties, and may also provide for the care 
and management of the cemetery and for the sale of lots 
therein, and for the management of any funds which the 
corporation may hold, and for any other matters incident 
to the purposes of the corporation. 

Section 7. This act shall take effect upon its passage. 

Approved March 13, 1912. 

An Act making appropriations for deficiencies in (Jhav 231 

APPROPRIATIONS FOR CERTAIN EXPENSES AUTHORIZED IN 
THE YEAR NINETEEN HUNDRED AND ELEVEN. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are hereby Appropria- 
appropriated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the payment of cer- 
tain expenses in excess of the appropriations therefor in the 
year nineteen hundred and eleven, to wit : — 

For current expenses at the Monson state hospital, the Monson state 
sum of twenty-seven hundred twenty-eight dollars and ''°^p''^'- 
eighty-six cents. 

For current expenses at the Taunton state hospital, the Taunton state 
sum of one thousand eight dollars and thirty-three cents. ^°8P'tai. 

For current expenses at the new hospital for dipsomaniacs. New hospital 
the sum of eight hundred twenty-two dollars and ninety- mani^fcsT 
four cents. 

For current expenses at the Foxborough state hospital, Foxborough 

- I. iii'i 111 1 n State hospital. 

the sum oi one hundred eighty-one dollars and twenty-nve 
cents. 

For current expenses at the Wcstborough state hospital, ^ate'i^Htai 
the sum of eight hundred ninety-nine dollars and eight cents. 

For current expenses at the Lyman school for boys, the Lyman school 
sum of thirteen hundred sixty-four dollars and thirteen cents. ^°' °^^' 

For current expenses at the state farm, the sum of six state farm. 
hundred sixty-two dollars and nine cents. 

For certain expenses of the land court, the sum of six Land court. 
hundred forty-two dollars and sixty cents. 

For expenses in connection with the inspection of bees, inspection ot 
the sum of two hundred thirty-five dollars and twenty-one ^^' 
cents. 

For expenses of the board of boiler rules, the sum of bonerr^Jiea. 
forty-five dollars and sixty cents. 

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

Apprmed March 13, 1912. 



158 



Acts, 1912. — Chaps. 232, 233. 



Special 
justices of the 
tliird district 
court of 
Bristol. 
Proviso. 



R. L. 58, § 14, 
etc., amended. 



Chap. 232 An Act relative to the special justices of the third 

DISTRICT COURT OF BRISTOL. 

Be it enacted, etc., as follows: 

Section 1. The third district court of Bristol shall, dur- 
ing the tenure of office of special justice Albert E. Clarke, 
consist of one justice and three special justices: frovided, 
that, upon the expiration of the tenure of office of the above 
named special justice, the said court shall consist of one jus- 
tice and two special justices, as provided by section six of 
chapter one hundred and sixty of the Revised Laws. 

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

Approved March 13, 1912. 

Chap.2dS An Act to provide for the recovery of certain penal- 
ties INCURRED BY GAS COMPANIES. 

Be it enacted, etc., as follows: 

Section foiu-teen of chapter fifty -eight of the Revised Laws, 
as amended by section one of chapter four hundred and sixty- 
four of the acts of the year nineteen hundred and three, and 
by section thi'ce of chapter four hundred and eighty-three of 
the acts of the year nineteen hundred and nine, is hereby 
further amended by striking out the words "a fine of one 
hundred dollars shall be paid by such company, city or town 
into the treasury of the commonwealth", in the twenty- 
eighth and twenty-ninth lines, and inserting in place thereof 
the following : — such company, city or town shall be liable 
to a fine of one hundred dollars, which may be recovered by 
an information in equity brought in the supreme judicial 
court by the attorney-general, at the relation of the board 
of gas and electric light commissioners, and when so recovered 
shall be paid into the treasury of the commonwealth, — so 
as to read as follows: — Section 14- The gas of every com- 
pany which supplies more than fifty consumers, except gas 
made and used exclusively for heating, cooking, chemical 
and mechanical purposes, shall be inspected at least twice 
a year and as much oftener as the board of gas and electric 
light commissioners may determine. The gas shall be tested 
for illuminating power by means of a disc photometer and, 
during such test, shall be burned from the burner best adapted 
to it, which is at the same time suitable for domestic use, and 
at as near the rate of five feet an horn- as is practicable. The 



Inspection of 
gas, etc. 



Acts, 1912. — Chap. 234. 159 

board of gas and electric light commissioners shall, for the 
purpose of establishing a standard of purity for gas, and after 
a public hearing, determine how many grains of sulphur and 
ammonia per hundred cubic feet of gas may be permitted, 
and the board shall have power to change such standards 
from time to time, after a public hearing; but not more than 
thirty grains of sulphur per hundred cubic feet and no sul- 
phuretted hydrogen shall be allowed. 

If the gas of any gas company or of any city or town sup- Penalty in 
plying gas is found on three consecutive inspections, or on below sund- 
three inspections made within a period of thirty consecutive '*'^''' ^^'^' 
days, to give less light than sixteen standard English candles 
or upon such averaging of inspections as the board may pre- 
scribe, to be below the standard of purity fixed under this 
act, unless such defect is in the opinion of the board due to 
unavoidable cause or accident, such company, city or town 
shall be liable to a fine of one hundred dollars, which may be 
recovered by an information in equity brought in the supreme 
judicial com't by the attorney-general, at the relation of the 
board of gas and electric light commissioners, and when so 
recovered shall be paid into the treasury of the common- 
wealth. 

If during the test the consumption of gas varies from five variations in 
feet an hour, or the candle from one hundred and twenty '^'^^ e power. 
grains an hour, a proportionate correction shall be made for 
the candle power. Upon such complaint and after such 
notice and hearing as are provided for by section thirty- 
four of chapter one hundred and twenty-one of the Revised 
Laws the board may require a company to supply such gas 
as will give, when tested in the manner prescribed in this 
section, a light equivalent to such number of standard Eng- 
lish candles, not less than sixteen, as said board may deter- 
mine, jlpj^roved March 13, 1912. 

An Act relative to altering the valuations of estates. C/iap. 234 

Be it enacted, etc., as follows: 

Section 1. At any time within three months after the Altering the 
date of the determination of value of any estate made by the estates. 
tax commissioner under the provisions of section nineteen 
of Part IV of chapter four hundred and ninety of the acts 
of the year nineteen hundred and nine, the commissioner may, 
at the request or with the consent of the person or persons 
by whom the tax is payable, alter such determination of 



160 



Acts, 1912. — Chap. 235. 



value. If any such alteration is made, the tax commissioner 
shall notify the person or persons by whom the tax is payable 
of the alteration, and the period within which application 
may be made for the appointment of an appraiser or apprais- 
ers as provided by said section nineteen shall be three months 
from the date of the said alteration of value by the tax com- 
missioner. In all proceedings in the probate court under the 
provisions of this act or of said section nineteen, or by an 
appraiser or appraisers appointed by the court under said 
act or section, the tax commissioner shall receive notice 
thereof and may be heard. 
Section 2. This act shall take effect upon its passage. 

Approved March 13, 1912. 



Swampscott 
Additional 
Water Loan, 
Act of 1912. 



Chap. 235 An Act to authorize the tow^n of swampscott to make 

AN additional WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Swampscott, for the purpose of 
extending and improving its water service, may borrow money 
from time to time and issue therefor negotiable bonds, notes 
or scrip to an amount not exceeding fifty thousand dollars, 
in addition to the amounts heretofore authorized by law to 
be issued by the town for water purposes. Such bonds, notes 
or scrip shall be signed by the treasurer of the town and 
countersigned by the water commissioners; shall be denomi- 
nated on the face thereof, Swampscott Additional Water 
Loan, Act of 1912; shall be payable at the expiration of 
periods not exceeding thirty years from the dates of issue; 
and shall bear interest, payable semi-annually, at a rate not 
exceeding four and one half per cent per annum. The town 
may sell said securities at pubHc or private sale, for not less 
than their par value, upon such terms and conditions as it 
may deem proper. 

Section 2. The town shall, at the time of authorizing 
the said loan, provide for the payment thereof in such annual 
proportionate payments, beginning not more than one year 
after the date of the first issue, as will extinguish the same 
within the time prescribed in 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, and 



Payment of 
loan. 



Acts, 1912. — Chaps. 236, 237. 161 

to make such payments on the principal as may be required 
under the provisions of this act, shall without further vote 
be assessed and collected by the town annually 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 March 13, 1912. 



Chap,2SQ 



An Act making appropriations for salaries and ex- 
penses IN THE BUREAU OF STATISTICS. 

Be it enacted etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth o/TtaUs'tlM.'^ 
from the ordinary revenue, for salaries and expenses in the 
bureau of statistics for the fiscal year ending on the thirtieth 
day of November, nineteen hundred and twelve, to wit: — 

For the salary of the director, three thousand dollars. Director. 

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

For additional clerical assistance, a sum not exceeding clerical 
forty-seven thousand seven hundred and twenty dollars. a.^si^'tance. 

For contingent and office expenses, including the printing Expenses. 
and binding of the annual reports, and travelling and other 
expenses in connection with the annual collection of statis- 
tics of manufactures, also expenses in connection with mu- 
nicipal returns, a sum not exceeding twenty thousand nine 
hundred and thirty dollars. 

For the establishment and maintenance of free employ- Free employ- 
ment offices in this commonwealth, a sum not exceeding '^ent offices. 
twenty-four thousand dollars. 

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

Approved March 13, 1912. 



Chap.237 



An Act to authorize the board of commissioners on 
fisheries and game to take lands in the county of 
barnstable for establishing fish hatcheries. 

Be it enacted, etc., as follows: 

Section 1. The board of commissioners on fisheries and Taking of land 
game are hereby authorized to take or acquire by purchase o? Ba^mstlbie 
or otherwise, for and in the name of the commonwealth, iTa'tc^iwies. 
such lands in the county of Barnstable, not exceeding twenty- 
five acres, together with the buildings thereon, and such 



162 



Acts, 1912. — Chap. 237. 



Taking to be 
recorded, etc. 



Damages. 



Expenses to be 
paid under 
chapter six of 
tlio resolves of 
the present 
year. 



other rights in land, and such rights to and for the use of 
water as they may deem necessary for the purpose of estab- 
lishing and maintaining one or more fish hatcheries for the 
hatching and propagation of fish. 

Section 2. In the event of any taking of lands or rights 
under the provisions of this act, the said commissioners shall 
cause to be recorded in the registry of deeds for the county 
of Barnstable a description thereof sufficiently accurate for 
identification, with a statement that the same were taken 
under authority of this act and for and in the name of the 
commonwealth, which description and statement shall be 
signed by the said commissioners, or a majority of them; 
and the lands and rights therein described shall, upon such 
recording, vest absolutely in the commonwealth and its 
assigns, forever. The commissioners shall, so far as may be 
practicable, notify all known owners of such taking, but the 
validity thereof shall not be affected by want of such notice, 
and the recording of the description and statement of any 
lands, easements, estates or rights to be taken in accordance 
with this act shall be sufficient notice to all persons that the 
same have so been taken. 

Section 3. The commissioners shall have power, sub- 
ject to the approval of the governor and council, to deter- 
mine and award the damages sustained by any person by 
reason of property taken or injured under authority of this 
act, except public ways and lands, and to agree with any such 
person, subject to the approval of the governor and council, 
as to the amount of his damages, which amount the com- 
monwealth shall pay. If any person is dissatisfied with 
such award or cannot agree with the commissioners upon 
the amount of his damages, he may at any time within one 
year after the date of the taking, or other alleged injury, 
make application and have the damages assessed and deter- 
mined in the manner provided bj^ law in the case of land 
taken for the laying out of highways, and the damages so 
assessed and determined shall be paid by the commonwealth. 

Section 4. Any money expended by the commonwealth 
for damages for any taking or other act authorized hereby 
shall be accounted for and considered as paid in pursuance 
of chapter six of the resolves of the year nineteen hundred 
and twelve. 

Section 5. This act shall take effect upon its passage. 

Approved March 13, 1912. 



Acts, 1912. — Chaps. 238, 239. 163 



An Act relative to notices of distribution by execu- (jhn^ 238 

TORS AND administrators. ^' 

Be it enacted, etc., as follows: 

Section 1. An executor or administrator taxable under Notices of 
the provisions of clause Seventh of section twenty-three of by executors 
Part I of chapter four hundred and ninety of the acts of the toto^s™'"'^' 
year nineteen hundred and nine shall not be held to be 
relieved from taxes on account of any of the taxable personal 
property of the estate of which he is executor or adminis- 
trator for the reason that he had distributed the same before 
April first of any given year, unless he has, within the time 
limited for the filing of lists pursuant to section forty-one 
of said Part I, given to the assessors the notice of distribu- 
tion provided for in said clause SeAenth. All such notices 
of distribution shall be sworn to and the assessors shall have 
the same right to make inquiries in regard to such distribu- 
tions as is provided in section forty-six of said Part I in case 
of the filing of lists. 

In case of a total distribution bj- an executor, adminis- 
trator or trustee before April first in any year, notice thereof, 
as hereinbefore provided shall be held equivalent to the fil- 
ing'of a true list in accordance with section forty-nine of 
said Part I. 

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

Aijyroved March 14, 1912. 



An Act relative to the trustees of the ministerial fhrirt 2SQ 

FUND IN the first PARISH IN CAMBRIDGE. ^' 

Be it enacted, etc., as follows : 

Section seven of chapter seventy-four of the acts of the isie, 74, §7, 
year eighteen hundred and sixteen is hereby amended by ^'^^''^^■ 
striking out the word ''twice", in the fourth line, and also 
by striking out the words " and if he shall fail to deliver up 
the same as aforesaid, for the space of ten days next after 
such treasurer shall be duly chosen, he shall forfeit and pay 
a fine of fifty dollars, and the further sum of thirty dollars 
per month for such failure or neglect afterwards", at the 
end of the section, so as to read as follows: — Section 7. Be /^"tif,^,fi^ „,„ 

•iP] , treasurer, etc. 

It turther enacted, That the treasurer shall give bond to said 
trustees and their successors, with sufficient sureties, to be 



164 Acts, 1912. — Chaps. 240, 241. 

approved by them, in such penal sum as they shall require, 
amounting, at least, to the value of the fund, which they shall 
then hold and have the management of, for the purpose afore- 
said, with condition to do and perform all the duties incum- 
bent on him as treasurer; and he shall be the receiver of all 
money and effects due, owing and coming to them; and may 
demand, sue for and recover the same, in their name, unless 
prohibited by them; and he shall have the care and custody 
of the money and effects, obligations and securities for the 
payment of money, or other things, and evidences of prop- 
erty belonging to said trustees, and be accountable to them 
therefor; and shall dispose of the same as they shall order 
and direct; and shall render an account of his doings, and 
exhibit a fair and regular statement of the property and 
evidences of property in his hands, whenever they shall 
require the same to be done; and he shall deliver up to his 
successor in office, as soon as may be, all the books and 
papers, property and evidences of property, in his hands, in 
good order and condition. Am^roved March 14, 1912. 

Chap. 2^^ An Act relative to the private ways in the city of 

BOSTON. 

Be it enacted, etc., as follows: . 

Removal of SECTION 1. The city of Bostou may remove from any 

private ways privatc way in that city any filth, rubbish or offensive mat- 
of Bo'suJn^ ter, and for this purpose it shall have the right to enter upon 

said ways at any reasonable time. 
Rights of Section 2. Police officers of the city of Boston may enter 

upon any private way therein that is open to travel, for 

the purpose of expelling trespassers therefrom and for the 

prevention of crime. 
Section 3. This act shall take effect upon its passage. 

Approved March 14, 1912. 

Chav. 24il An Act relative to bonds of treasurers of law li- 
brary ASSOCIATIONS. 

Be it enacted, etc., as follows: 

Treasurers of SECTION 1. The treasurer of every law library associa- 

asa)ciatfJns to tiou, bcforc receiving any money from the county treasurer, 

give bond. ^j^^jj gj^^^ bond, with sureties to the satisfaction of the county 

commissioners, for the faithful appHcation of such money, 

and that he will make a return annually to the county 



Acts, 1912. — Chaps. 242, 243. 165 

treasurer, under oath, of the manner in which it has been 
expended, fully itemizing all receipts and expenditures and 
accompanying the same with proper vouchers. 

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

Section 3. This act shall take effect upon its passage. 

Approved March 14, 1912. 

An Act making an appropriation for the maintenance (JJku) 249 
of the state prison. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one hinidred and Appropriation 

, , I, . , , . , maintenance of 

seventy-mne thousand dollars is hereby appropriated, to state prison. 
be paid out of the treasury of the commonwealth from the 
ordinary revenue, for the maintenance of the state prison 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve. 
Section 2. This act shall take effect upon its passage. 

Approved March I4, 1912. 

An Act making appropriations for salaries and ex- (jhnqj 243 

PENSES IN THE OFFICE OF THE BOARD OF PRISON COMMIS- 
SIGNERS AND FOR SUNDRY REFORMATORY EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth sione^ o?""'^' 
from the ordinary revenue, for the board of prison commis- P"sons. 
sioners, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and twelve, to wit : — 

For the salary of the chairman, four thousand dollars. chairman. 

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

For clerical assistance, a sum not exceeding fortv-nine clerical 
hundred dollars. " assistance. 

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

For travelling expenses, a sum not exceeding three thou- Travelling 
sand dollars. '"p""'"'- 

For incidental and contingent expenses, including the incidental 
printing and binding of the annual report, a sum not exceed- ^''^''^^^^ 
ing twenty-eight hundred dollars. 

For assistance to prisoners discharged from the state Assistance to 
prison, Massachusetts reformatory, prison camp and hos- p""""^'^- 



166 Acts, 1912. — Chaps. 244, 245, 246. 

pital, and to discharged female prisoners, a sum not exceed- 
ing eleven thousand dollars. 

Salary of YoT the Salary of the agent for aiding discharged female 

prisoners, one thousand dollars. 

Removing ^ov cxpcnscs iucurrcd in removing prisoners to and from 

prisoners. ^ , ,. 

state and county prisons, a sum not exceednig twenty-one 
hundred dollars. 
IfTrim^aaiT ^^r cxpeuscs in connection with the identification of 
criminals, a sum not exceeding seventeen hundred dollars. 
Section 2. This act shall take effect upon its passage. 

Approved March 14, 1912. 

Chap. 24i4i An Act making an appropriation for the maintenance 

OF THE MASSACHUSETTS REFORMATORY. 

Be it enacted, etc., as follows: 

Jeforarltory"^ SECTION 1. A sum uot cxcecding two huudrcd aud thirty- 
seven thousand nine hundred dollars is hereby appropriated, 
to be paid out of the treasury of the commonwealth from the 
ordinary revenue, for the maintenance of the Massachusetts 
reformatory for the fiscal year ending on the thirtieth day 
of November, nineteen hundred and twelve. 
Section 2. This act shall take effect upon its passage. 

Approved March I4, 1912. 

Chap. 2^^ An Act making an appropriation for maintaining the 

PRISON CAMP and HOSPITAL. 

Be it enacted, etc., as follows: 

Prison camp SECTION 1. A sum uot exceeding fifty thousaud five hun- 

dred dollars is hereby appropriated, to be paid out of the 
treasury of the commonwealth from the ordinary revenue, 
for salaries and expenses at the prison camp and hospital, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve. 
Section 2. This act shall take effect upon its passage. 

Approved March 14, 1912. 

Chap. 2^'^ An Act relative to the sale of fruits, vegetables and 

NUTS. 

Be it enacted, etc., as follows: 

R. L. 57, § 21, Chapter fifty-seven of the Revised Laws is hereby amended 
^^^^ ' by striking out section twenty-one and inserting in place 



Acts, 1912. — Chap. 247. 167 

thereof the following: — Section 21. All fruits, vegetables Saie of fruits, 
and nuts, except as hereinafter otherwise provided, shall be *''''■ 
sold at retail by dry measure, weight or by numerical count, 
and all fruits and vegetables for which a legal weight has 
been established shall be sold at retail only by weight or 
numerical count. Whoever violates any provision of this 
section shall forfeit a sum not exceeding ten dollars for each 
offence. Approved March 14, 1912. 



An Act to establish the terms of office of the city (jhny 947 

AUDITOR, the superintendent OF PUBLIC BUILDINGS AND 
THE CITY MESSENGER OF THE CITY OF TAUNTON. 

Be it enacted, etc., a^ follows: 

Section 1. Section nineteen of chapter four hundred .^i^fif^j § i^- 
and forty-eight of the acts of the year nineteen hundred 
and nine is hereby amended by inserting after the word 
"years", in the fifteenth line, the words: — In the year 
nineteen hundred and thirteen and in every third year there- 
after, the municipal council during the month of January, 
shall elect a city auditor, a superintendent of public build- 
ings, and a city messenger, to serve for three years, — so as 
to read as follows: — Section 19. Such powers of nomina- Powers of 
tion, appointment, confirmation and election for and to e°c"!'i°fwhom 
office or position, of approval and consent to nominations exercised. 
and appointments, of removal or suspension from office as 
are now vested in all or any, the mayor, mayor and aldermen, 
city council, board of aldermen and common council, shall, 
except as otherwise provided in this act, be exercised by the 
municipal council by vote; and the mayor shall have no 
power to make appointments to office, or removals or sus- 
pensions therefrom except as specially provided in this act, 
or by the Revised Laws and acts in amendment thereof. 
In the year nineteen hundred and ten and in every third 
year thereafter, the municipal council during the month of 
January, shall elect a city treasurer and collector of taxes, 
to serve for three years. In the year nineteen hundred and 
thirteen and in every third year thereafter, the municipal 
council during the month of January, shall elect a city audi- 
tor, a superintendent of public buildings, and a city messen- 
ger, to serve for three years. A vacancy in either of the 
said offices shall be filled by the municipal council for the 
unexpired term. 



168 



Acts, 1912. — Chap. 248. 



Branding of 
carcasses of 
neat cattle, 
etc. 



Jff"t°^ **'''''" Section 2. This act shall be submitted to the voters of 
the city of Taunton at the city election in the current year 
in the form of the following question upon the official ballot : 
" Shall the terms of office of the city auditor, city messenger 
and superintendent of public buildings be extended to three 
years?" and this act shall take effect upon its acceptance by 
a majority of the voters voting thereon; otherwise it shall 
be void. Ayproved March I4, 1912. 

Chap. 24:8 An Act relative to the stamping or branding of 

CARCASSES OF NEAT CATTLE, SHEEP OR SWINE SOLD OR 
OFFERED FOR SALE. 

Be it enacted, etc., as follows: 

Section 1. Carcasses of neat cattle, sheep or swine 
slaughtered without the commonwealth shall be deemed 
unfit for human food and shall not be sold or offered for 
sale unless they have been inspected at the time of slaughter 
by an official inspector, and unless, if not condemned, they 
have been stamped or branded by said inspector in like man- 
ner as those inspected by the United States Bureau of Animal 
Industry for interstate trade. By "official inspector" is 
meant one appointed or approved either (a) by the Bureau 
of Animal Industry of the United States Department of 
Agriculture; or (6) by the state board of health of the state 
in which the animals are slaughtered; or (c) by the local 
board of health of the city or town in which the animals are 
slaughtered. The stamp used by inspectors other than those 
of the Bureau of Animal Industry of the United States De- 
partment of Agriculture shall indicate in letters not less than 
one fourth of an inch high the name of the city or town in 
which the animals are slaughtered. Whoever sells or offers 
for sale, or has in his possession with intent to sell, a carcass, 
or any part thereof, required by the provisions of this section 
to be stamped or branded which has not been stamped or 
branded as herein provided, shall be punished by a fine of 
not more than one hundred dollars or by imiprisonment for 
not more than sixty days,- or by both such fine and imprison- 
ment. 

Section 2. Section one hundred and five of chapter 
seventy-five of the Revised Laws, as amended by section 
two of chapter three hundred and twelve of the acts of the 
year nineteen hundred and two, and by section two of chap- 
ter two hundred and twenty of the acts of the year nineteen 



R. L. 75, § 105, 
etc., amended. 



Acts, 1912. — Chap. 249. 169 

hundred and three, and by section six of chapter three hun- 
dred and twenty-nine of the acts of the year nineteen hundred 
and eight, is hereby further amended by striking out at the 
end thereof the words "unless said animal is less than six 
months old", and by inserting after the word "inspected", 
in the sixth line, the words : — and, unless condemned, shall 
be stamped or branded according to the provisions of section 
one hundred and three of chapter seventy-five of the Revised 
Laws, as set forth in chapter two hundred and twenty of the 
acts of the year nineteen hundred and three, and as amended 
by chapter four himdred and seventy-one of the acts of the 
year nineteen hmidred and nine and by section five of chap- 
ter two hundred and ninety-seven of the acts of the year 
nineteen hundred and eleven, — so as to read as follows : — 
Section 105. The provisions of the six preceding sections Private 
shall not apply to a person not engaged in such business, houses. 
who, upon his own premises and not in a slaughter house, 
slaughters his own neat cattle, sheep or swine, but the car- 
cass of any such animals shall be inspected, and, unless 
condemned, shall be stamped or branded according to the 
provisions of section one hundred and three of chapter 
seventy-five of the Revised Laws, as set forth in chapter 
two hundred and twenty of the acts of the year nineteen 
hundred and three, and as amended by chapter four hundred 
and seventy-one of the acts of the year nineteen hundred 
and nine and by section five of chapter two hundred and 
ninety-seven of the acts of the year nineteen hundred and 
eleven, by an inspector at the time of slaughter. 

Approved March 14, 1912. 

An Act relative to the recovery of forfeitures and QJiq^j) 249 
penalties incurred by gas or electric light com- 
panies for neglecting to make annual return. 

Be it enacted, etc., as follows: 

Section thirty-two of chapter one hundred and twenty- r. l. 121, §32. 
one of the Revised Laws is hereby amended by striking out 
the last sentence, and inserting in place thereof the follow- 
ing: — All forfeitures incurred under the provisions of this 
act may be recovered by an information in equity brought 
in the supreme judicial court by the attorney-general, at 
the relation of the board of gas and electric light commis- 
sioners, and when so recovered shall be paid into the treasury 
of the commonwealth and applied to the payment of the 



amended. 



170 Acts, 1912. — Chaps. 250, 251. 

expenses of the board, — so as to read as follows : — Sec- 
Penaity for tioTi 32. Each such gas or electric light corporation or corn- 
return, etc. pany neglecting to make the annual return required by the 
preceding section, shall, for the first fifteen days or portion 
thereof during which such neglect continues, forfeit five 
dollars a day; for the second fifteen days or any portion 
thereof, ten dollars a day; and for each day thereafter not 
more than fifteen dollars a day. If any company unreason- 
ably refuses or neglects to make such return, it shall, in 
addition thereto, forfeit not more than five hundred dollars 
for each offence. All forfeitures incurred under the pro- 
visions of this act may be recovered by an information in 
equity brought in the supreme judicial court by the attorney- 
general, at the relation of the board of gas and electric light 
commissioners, and when so recovered shall be paid into 
the treasury of the commonwealth and applied to the pay- 
ment of the expenses of the board. 

Approved March 14, 1912. 

Chap.250 An Act making appropriations for the maintenance 

OF THE REFORMATORY FOR WOMEN. 

Be it enacted, etc., as follows: 

^ppjopria- Section 1. The following sums are hereby appropriated, 

to be paid out of the treasury of the commonwealth from 
the ordinary revenue : — 

Reformatory YoT the maintenance of the reformatory for women for 
the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, a sum not exceeding sixty-two 
thousand dollars. 

F^^in^ham ^^^ ^^^ towu of Framiugham, toward the annual expense 

of maintaining the system of sewage disposal at said reforma- 
tory, the sum of six hundred dollars. 
Section 2. This act shall take effect upon its passage. 

Approved March 14, 1912. 

Chap. 251 An Act relative to the form of notices required 

BEFORE BRINGING ACTIONS FOR RECOVERY OF DAMAGES 
FOR INJURIES TO EMPLOYEES IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

ete^'amtnVed^' SECTION 1. Scctiou ouc huudrcd and thirty-two of chap- 
ter five hundred and fourteen of the acts of the year nineteen 
hundred and nine, as amended by section two of chapter 



Acts, 1912. — Chap. 251. 171 

one hundred and sixty-six and by chapter six hundred and 
eleven of the acts of the year nineteen hundred and ten, and 
by chapter one hundred and seventy-eight of the acts of 
the year nineteen hundred and eleven, is hereby further 
amended by adding at the end thereof the words : — Any 
form of written communication signed by the person so 
injured, or by some person in his behalf, or by his executor 
or administrator, or by some person in behalf of such execu- 
tor or administrator, which contains the information that 
the person was so injured, giving the time, place and cause 
of the injury or death, shall be considered a sufficient notice, 
— so as to read as follows : — Section 132. No action for Notice of 
the recovery of damages for injury or death under the pro- recovery of 
visions of the five preceding sections shall be maintained '*'"''^®^' ^ 
unless notice of the time, place and cause of the injury is 
given to the employer within sixty days, and the action is 
commenced within one year, after the accident which causes 
the injury or death. Such notice shall be in writing, signed 
by the person injured or by a person in his behalf. If the 
person injured dies within the time required for giving the 
notice his executor or 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 appoint- 
ment of such executor 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 administrator. A notice given under the 
provisions of this section shall not be held invalid or insuffi- 
cient solely by reason of an inaccuracy in stating the time, 
place or cause of the injury if it is shown that there was no 
intention to mislead, and that the employer was not in fact 
misled thereby. If the employer dies w^ithout such action 
having been brought and before the time for bringing the 
action has elapsed, the action may be begun against his execu- 
tor or administrator not less than one year and not more 
than two years after the executor or administrator has given 



172 Acts, 1912. — Chaps. 252, 253. 

bond for the performance of his trust. Any form of written 
communication signed by the person so injured, or by some 
person in his behalf, or by his executor or administrator, or 
by some person in behalf of such executor or administrator, 
which contains the information that the person was so in- 
jured, giving the time, place and cause of the injury or 
death, shall be considered a sufficient notice. 
Section 2. This act shall take effect upon its passage. 

Ajiijroved March 14, 1912. 

Chap.252 An Act to authorize towns to make by-laws regulat- 
ing THE procedure AT TOWN MEETINGS. 

Be it enacted, etc., as follmvs: 

f/^uiatiu<r Section 1. A town may at any town meeting called for 

rrocedure at i\yQ purposc pass by-laws, subject to the provisions of section 

town meetings. ,,i, ,. pi n i it i- 

three hundred and sixty oi chapter nve hundred and sixty 
of the acts of the year nineteen hundred and seven, for the 
regulation of the proceedings at town meetings of the town. 
Such by-laws shall be approved and published in the man- 
ner prescribed by section one of chapter three hundred and 
forty-four of the acts of the year nineteen hundred and four. 
Section 2. This act shall take effect upon its passage. 

Approved March 14, 1912. 

Chap. 253 An Act to provide for the appointment of two officers 
for attendance upon the sessions of the district 
court of east norfolk. 

Be it enacted, etc., as folloics: 

Api^intment SECTION 1. The justicc of the district court of East Nor- 

of oflScers for k^a-'v. . '' ,^ „ , 

court attend- folk shall appoiut two oificers tor attendance upon the ses- 
sions of the court, and may at any time remove them tor 
cause which is considered by the justice to be sufficient, and 
shall fill any vacancy which is caused by removal or other- 
wise. Such officers may serve the warrants, mittimuses, 
precepts, orders and processes of said court, and shall receive 
such compensation from the county of Norfolk as shall be 
determined and allowed by the justice, subject to the approval 
of the county commissioners. The said compensation shall 
be paid upon vouchers approved by the justice and the 
county commissioners. 
Section 2. This act shall take effect upon its passage. 

Approved March 14, 1912. 



ance, etc. 



Acts, 1912. — Chap. 254. 173 



An Act relative to the direct election of delegates nhnqj 254 
TO national conventions, and to provide for the 
expression of preference for candidates for presi- 
dent AND VICE president OF THE UNITED STATES. 

Be it enacted, etc., as follows: 

Section 1. In any year in which candidates for presi- Ejection of 
dential electors are to be elected, the election of delegates to certain 
and of alternate delegates to national conventions of politi- conventions. 
cal parties shall be by direct plurality vote in primaries. 

The number of district delegates and the number of e^xed'by^uitf 
district alternate delegates, not less than one from each committees, 
congressional district, and the number of delegates and alter- 
nate delegates at large, shall be fixed by the state committee. 
Notice of the number of delegates to be elected shall be 
given by the state committee to the secretary of the com- 
monwealth on or before the third Wednesday in March. 

Section 2. Such primaries shall be held on the last Tues- Time of hoid- 
day in April. ^ ... Itf. '""'""• 

In cities and towns where the question of holding primaries Notice to be 
by wards, precincts or groups of precincts is determined by lecre'te^Vthe 
the aldermen or selectmen, notice of such determination <=ommouweaith. 
shall be given to the secretary of the commonwealth by the 
aldermen or selectmen on or before the third Wednesday in 
March. In Boston such primaries for the year nineteen 
hundred and twelve shall be held in the precincts as they 
existed at the last preceding city election, and in ward twenty- 
six of said city there shall be but one polling place. 

Section 3. In primaries at which delegates to national ^a^d^u" n° 
conventions of political parties are elected, the secretary of ballots, etc. 
the commonwealth shall cause to be placed upon the ballots 
of such political party the names of candidates for the nomi- 
nation by such political party for the office of president of 
the United States and of vice president of the United States, 
and each voter may express his preference for such candi- 
dates in the same manner as in voting for candidates for 
state offices to be voted for by all the voters of the com- 
monwealth. 

The nomination of candidates for nomination for the office Nomination of 
of president of the United States and of vice president of dttlTho^" '" 
the United States shall be made by nomination papers as in '^^^^' 
the case of offices to be filled by all the voters of the com- 
monwealth. 



174 



Acts, 1912. — Chaps. 255, 256. 



Return and 
canvass of 
votes. 



Certain 
provisions of 
law to apply. 



The votes cast for preference shall be returned and can- 
vassed in the same manner as in the case of votes for state 
offices to be filled by all the voters of the commonwealth, 
and the secretary of the commonwealth shall forthwith cer- 
tify the result to the state committees of the respective po- 
litical parties. 

Section 4. All existing provisions of law relating to 
primaries not inconsistent with this act shall apply thereto 
so far as is practicable. 

Section 5. This act shall take effect upon its passage. 

Approved March IS, 1912. 



Chap. 255 An Act kelative to the lenox library association. 



The Lenox 

Library 

Association 

may hold real 

estate. 

Use of income. 



Be it enacted, etc., as follows: 

Section 1. The Lenox Library Association, of Lenox, 
may hold real and personal estate to an amount not exceed- 
ing one hundred thousand dollars. 

Section 2. The income of the association shall be used to 
maintain a library, reading room, lecture hall and rooms for 
the preservation and exhibition of relics and works of art, 
for the benefit of the inhabitants of and sojourners in Lenox 
and vicinity; the library and reading room to be free. 

Section 3. This act shall take effect upon its passage. 

Approved March 18, 1912. 



1907, 534, § 2, 
etc., amended. 



Chap.25Q An Act to establish the salaries of the inspectors of 

WEIGHTS AND MEASURES. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter five hundred and 
thirty-four of the acts of the year nineteen hundred and 
seven, as amended by chapter four hundred and sixty-five 
of the acts of the year nineteen hundred and ten, and by 
chapter six hundred and thirty-two of the acts of the year 
nineteen hundred and eleven, is hereby further amended by 
striking out the second sentence of the said section and insert- 
ing in place thereof the following : — The annual salary of 
the commissioner shall be two thousand dollars. The annual 
salary of the inspectors shall be twelve hundred dollars each 
for the first year of service, thirteen hundred dollars for the 
second year, fourteen hundred dollars for the third year, and 



Acts, 1912. — Chap. 257. 175 

fifteen hundred dollars for the fourth year and for any subse- 
quent year. They shall give bonds for the faithful perform- 
ance of their duties, — so as to read as follows : — Section 2. inspectors of 

, . , . . ... __,, weights and 

The said commissioner may appoint six inspectors, ihe nieasurcs, 
annual salary of the commissioner shall be two thousand etc. 
dollars. The annual salary of the inspectors shall be twelve 
hundred dollars each for the first year of service, thirteen 
hundred dollars for the second year, fourteen hundred dol- 
lars for the third year, and fifteen hundred dollars for the 
fourth year and for any subsequent year. They shall give 
bonds for the faithful performance of their duties. The com- 
missioner shall be allowed for clerical services, travel and 
contingent office expenses for himself and his inspectors such 
sum as may be necessary, to be paid out of the treasury of 
the commonwealth. 

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

c? ' wliicli 33<l!XriCS 

and the salaries herein provided for shall be allowed from shall be 
the first day of January, nineteen hundred and twelve. 

/Ipjn-oved March 18, 1912. 

An Act to establish the harbor and land comivhssion- Qhav 257 

ERS' TIDE WATER FUND AND TO AUTHORIZE CERTAIN PAY- 
MENTS THEREFROM. 

Be it enacted, etc., as folloios: 

Section 1. All moneys received in payment for tide Harbor and 
water displaced and for rights and privileges granted in tide ml^sioiiera'" 
water land of the commonwealth and in the commonwealth's Fulfd!^''^" 
land in great ponds, under licenses and permits granted by 
the board of harbor and land commissioners under chapter 
ninety-six of the Revised Laws for structures and other work 
within the territory now under the charge and jurisdiction 
of said board, shall be placed to the credit of a fund which 
shall be called the Harbor and Land Commissioners' Tide 
Water Fund. 

Section 2. The cost of the supervision, under chapter Certain 
two hundred and twenty-nine of the acts of the year nineteen pawZm° ^ 
hundred and seven, of transporting and dumping material ^"^d.etc. 
dredged in tide waters of the commonwealth under the charge 
and jurisdiction of said board, and under licenses and per- 
mits granted by said board, may in the first instance be paid 
from the fund established by this act and shall be repaid to 
the commonwealth monthly, as provided in section one of 



176 



Acts, 1912. — Chaps. 258, 259. 



1911, 631, § 2, 
amended. 



County of 
Essex to pay 
cost, in first 
instance, etc. 



said chapter two hundred and twenty-nine, and credited to 
said fund. 

Section 3. This act shall take effect upon its passage. 

Approved March 18, 1912. 

Chap. 258 An Act relative to the reconstruction of fox hill 

BRIDGE over THE SAUGUS RIVER BETWEEN THE CITY OF 
LYNN AND THE TOWN OF SAUGUS. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter six hundred and thirty- 
one of the acts of the year nineteen hundred and eleven is 
hereby amended by striking out the word "fifty", in the 
third line, and inserting in place thereof the word : — sixty, 
— so as to read as follows : — Section 2. The expense 
incurred under this act shall be paid in the first instance 
by the county of Essex and shall not exceed one hundred 
and sixty thousand dollars. Upon the completion of the 
said bridge and approaches, the said county commissioners 
shall file in the ofiice of the clerk of courts for the county of 
Essex a detailed statement, certified under their hands, of 
the actual cost of reconstructing said bridge and approaches, 
and within three months from the filing of such statement 
they shall, after such notice as they may deem proper and 
a hearing, apportion and assess upon the city of Ljun 
twenty-five per cent, and upon the Boston and Northern 
Street Railway Company thirty-five per cent of the said 
cost of reconstructing the bridge and approaches. 

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

Approved March 18, 1912. 

Chap. 259 An Act relative to the construction of garages in 

the city of boston. 

Be it enacted, etc., as follows: 

Section 1. The existing buildings upon premises num- 
bered three hundred and thirty-seven on Newbury street, in 
the city of Boston, shall be exempt from the provisions of 
chapter three hundred and forty-two of the acts of the year 
nineteen hundred and eleven, but only while such buildings 
remain of their present size and in their present location: 
provided, however, that no part of said buildings shall be 
used as a dwelling. 

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

Approved March 18, 1912. 



Construction 
of garages in 
the city of 
Boston. 



Proviso. 



Acts, 1912. — Chaps. 260, 261. 177 



An Act to provide for the encouragement of agricul- Qji^jy 260 

TURE BY THE GRANTING OF BOUNTIES TO AGRICULTURAL 
SOCIETIES. 

Be it enacted, etc., as follotvs: 

Every incorporated agricultural society which is entitled ment"ofi^i- 
to recei^'e a bounty under section one of chapter one hundred culture, etc. 
and twenty-four of the Revised Laws, as amended by chap- 
ter one hundred and thirty-three of the acts of the year 
nineteen hundred and nine, shall be entitled to receive 
annually in October from the commonwealth, in addition 
to the sum which it is entitled to receive under the said 
section, four hundred dollars for the following purposes: — 
two hundred dollars to be distributed in premiums to chil- 
dren and youths under eighteen years of age for animals, 
farm crops, fruits and vegetables grown by the exhibitor and 
for excellence in stock judging; and two hundred dollars for 
general premiums; but no society shall receive a larger sum 
in addition to the bounty to which it is entitled under the 
said section than it shall have expended in the year last 
preceding in premiums, in excess of the sum to which it is 
entitled under the said section; nor in the case of the sum 
set apart in this act for premiums to children and youths a 
larger sum than it shall have expended for such premiums. 

Approved March 18, 1912. 

An act RELATIVE TO THE CANVASS OF VOTES FOR DELEGATES Qhnr) 261 
TO STATE POLITICAL CONVENTIONS. 

Be it enacted, etc., as follows: 

Section 1. Section sixteen of chapter five hundred and amend^i^^^' 
fifty of the acts of the year nineteen hundred and eleven is 
hereby amended by striking out the words "and as dele- 
gates to the state conventions", in the tenth and eleventh 
lines, and by inserting after the word "for", in the thirteenth 
line, the words: — delegates to the state conventions and, — 
so as to read as follows: — Section 16. Upon the receipt of Canvass of 

xi ^ p ..11111.1 ballots, etc. 

the records ot votes cast at primaries held under this act the 
city or town clerk or election commissioners shall forthwith 
canvass the same and make return of the votes for candi- 
dates for nomination for state offices, and for election as 
members of the state committee, to the secretary of the 
commonwealth, who shall forthwith canvass such returns. 



178 



Acts, 1912. — Chaps. 262, 263. 



determine the results thereof, notify the successful candi- 
dates, and certify to the state committees the names of the 
persons nominated for state offices and elected as members 
of the state committees. Said clerks or commissioners shall 
determine the results of the vote for delegates to the state 
conventions and members of ward and town committees, 
issue proper certificates thereof to the successful candidates, 
and notify the chairman of the city and town committees 
of the respective parties. 
Section 2. This act shall take effect upon its passage. 

Approved March 18, 1912. 



Appropria- 
tions. 



Chap. 262 An Act making appropriations for the expenses of the 

MASSACHUSETTS NAUTICAL TRAINING SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the expenses of the Massa- 
chusetts nautical training school for the fiscal year ending on 
the thirtieth day of November, nineteen hundred and twelve, 
to wit : — 

For the current expenses of the school, a sum not exceed- 
ing sixty-two thousand dollars. 

For expenses of the commissioners, the salary of the secre- 
tary, clerical services, printing, stationery, contingent ex- 
penses and the printing and binding of the annual report, 
a sum not exceeding five thousand dollars. 

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

Ajyj^roved March 18, 1912. 



Nautical train- 
ing scliool. 

Expenses of 

commissioners, 

etc. 



C/iap. 263 An Act relative to the sale of insecticides contain- 
ing COMPOUNDS OF FLUORINE. 

Be it enacted, etc., as follows: 

Section two of chapter two hundred and thirteen of the 
Revised Laws is hereby amended by inserting after the 
words "veratrum viride", in the tenth line, the words: — 
compounds of fluorine, — so as to read as follows : — Section 
2. Whoever sells arsenic (arsenious acid), atropia or any of 
its salts, chloral hydrate, chloroform, cotton root and its 
fluid extract, corrosive sublimate, cyanide of potassium, 
Donovan's solution, ergot and its fluid extract. Fowler's 
solution, laudanum, McMunn's elixir, morphia or any of 



R. L. 213, 
amended. 



Sale of 
poisons, etc. 



Acts, 1912. — Chap. 264. 179 

its salts, oil of pennyroyal, oil of savin, oil of tansy, opium, sa|eof 
Paris green. Parson's vermin exterminator, phosphorus, p°'^°^'^^«=- 
prussic acid, "rough on rats", strychnia or any of its salts, 
tartar emetic, tincture of aconite, tincture of belladonna, 
tincture of digitalis, tincture of nux vomica, tincture of 
veratrum viride, compounds of fluorine, or carbolic acid, 
without the written prescription of a physician, shall affix 
to the bottle, box or wrapper containing the article sold a 
label of red paper upon which shall be printed in large black 
letters the name and place of business of the vendor and the 
words iwison and antidote, and the label shall also contain 
the name of an antidote, if any, for the poison sold. He 
shall also keep a record of the name and quantity of the article 
sold and of the name and residence of the person or persons 
to whom it was delivered, which shall be made before the 
article is delivered and shall at all times be open to inspec- 
tion by the officers of the district police and by the police 
authorities and officers of cities and towns; but no sale of 
cocaine or its salts shall be made except upon the prescrip- 
tion of a physician. Whoever neglects to affix such label to 
such bottle, box or wrapper before delivery thereof to the 
purchaser or whoever neglects to keep or refuses to show to 
said officers such record or whoever purchases any of said 
poisons and gi^'es a false or fictitious name to the vendor 
shall be punished by a fine of not more than fifty dollars. 
The provisions of this section shall not apply to sales by 
wholesale dealei-s or manufacturing chemists to retail deal- 
ers, or to a general merchant who sells Paris green, London 
purple or other arsenical poisons in unbroken packages con- 
taining not less than one quarter of a pound, for the sole 
purpose of destroying potato bugs or other insects upon 
plants, vines or trees, except that he shall record each sale 
and label each package sold, as above provided. 

Approved March 18, 1911. 

An Act relative to payments to peobation officers /^/.^^ 264 
under the law relating to desertion and non-sup- ^' 

PORT. 

Be it enacted, etc., as follows: 

Section 1 , The payments to a probation officer, author- payments to 
ized by section eight of chapter four hundred and fifty-six uon^'officers^''" 
of the acts of the year nineteen hundred and eleven, shall be 



180 



Acts, 1912. — Chaps. 265, 266. 



1911, 550, § 18, 
amended. 



Holding of 

state 

convention. 



made from the annual appropriation for the maintenance 
of the reformatory or penal institution in which any person 
is confined by virtue of a sentence under that act. 
Section 2. This act shall take effect upon its passage. 

Approved March 18, 1912. 

Chap. 265 An Act relative to the holding of state political 

CONVENTIONS. 

Be it enacted, etc., as follows: 

Section 1. Section eighteen of chapter five hundred and 
fifty of the acts of the year nineteen hundred and eleven is 
hereby amended by inserting after the word "week", in the 
second line, the words : — nor later than two weeks, — so as 
to read as follows: — Section 18. A political party may, 
upon the call of its state committee, but not earlier than one 
week nor later than two weeks after the holding of the 
primaries, hold a state convention for the purpose of adopting 
a platform, electing such number of members at large of the 
state committee as may be fixed by the state committee, 
nominating presidential electors, and for such other pur- 
poses not inconsistent with this act as the state committee 
or the convention may determine. Such convention shall 
consist of the delegates elected at the regular primaries (in 
number not less than one for each ward and town), the mem- 
bers of the state committee, the United States senators from 
Massachusetts who are members of the party, the nominees 
of the party for all offices to be filled at the state election, 
and in years in which no elections are held for such offices, 
the incumbents of those offices who are members of the party. 

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

Approved March 18, 1912. 

Chap.2QQ An Act relative to supplying ballots for use at state, 

city and town elections. 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and sixty of the acts 
of the year nineteen hundred and seven is hereby amended 
by striking out section two hundred and thirty-four and in- 
serting in place thereof the following : — Section 234. One 
set of ballots of not less than sixty ballots for every fifty and 
fraction of fifty registered voters shall be provided for each 
polling place at which an election for state, city or town offi- 



1907, 560, § 234, 
amended. 



Number of 
ballots to be 
printed, etc. 



Acts, 1912. — Chaps. 267, 268. 181 

cers is to be held, and one set of special ballots of not less 
than sixty ballots for every fifty and fraction of fifty women 
registered to vote for school committee shall be provided for 
each polling place at which an election for city or town officers 
is to be held: yrovided, however, that the secretary of the Proviso, 
commonwealth or the city or town clerk, as the case may be, 
may provide a duplicate set of ballots for any polling place 
when he deems it necessary. 

A sufficient number of partial ballots in state elections Partial ballots. 
shall be prepared for voters who may be entitled to vote 
for a part only of the officers to be voted for in a city or town. 
A statement shall be printed on the back of such ballots, in 
addition to the official indorsement, indicating the class of 
voters for whose use the ballots are furnished, and such 
ballots only shall be furnished to such voters. 

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

Approved March 18, 1912. 

An Act relative to the term of office of the treas- QJidj) 267 

URER of the city OF BROCKTON. 

Be it enacted, etc., as follows: 

In the year nineteen hundred and thirteen, and every third Jf^thl dty^''^ 
year thereafter, the city of Brockton shall elect a city treas- treasurer of 

*'. ' *'.,,.., "^ „ Brockton. 

urer in the manner provided m its charter, to serve tor a 
term of three years from the day of his election, and until 
his successor is qualified. Approved March 18, 1912. 

An Act relative to appointment of staff officers of (JJiar) 268 

THE militia. 

Be it enacted, etc., as follows: 

Section 1. Section forty-two of chapter six hundred and g^^'ameidtd 
four of the acts of the year nineteen hundred and eight, as 
amended by chapter two hundred and ninety-nine of the 
acts of the year nineteen hundred and ten, is hereby further 
amended by adding at the end thereof the words : — for the 
term of three years, at least one year of which he shall have 
served as an officer or non-commissioned officer, — so as to 
read as follows : — Section Jf2. The staff of the commander- Appointment 
in-chief shall be appointed by him; the staff of a brigade, by Cf tKuitra" 
the brigadier general commanding; the staff of a regiment 
of infantry, battalion of artillery, squadron of cavalry, corps 
of cadets, the naval brigade, or unattached company, by 



182 



Acts, 1912. — Chaps. 269, 270. 



Examination of 
staff officers. 



Eligibility for 
appointment. 



the permanent commander thereof; and they shall be com- 
missioned by the commander-in-chief on the request of the 
appointing officers. 

AH officers in the staff corps and departments shall be 
appointed by the commander-in-chief, and shall be examined 
as required for staff officers, other than the staff of the com- 
mander-in-chief, and the appointments made in pursuance 
of general order number twenty-four, adjutant general's 
office, series of nineteen hundred and seven, are hereby rati- 
fied and confirmed. 

No person shall be eligible to be appointed as a staff officer, 
or as a staff corps officer, or, with the exception of medical 
officers, as a department officer, unless he has served in the 
regular or volunteer naval or military forces of the United 
States, or in the militia or naval militia of some state thereof, 
for the term of three years, at least one year of which he 
shall have served as an officer or non-commissioned officer. 

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

Approved March 18, 1912. 



C/iap.269 A.N Act to authorize the issuing of a summons instead 

OF A WARRANT FOR ARREST IN CERTAIN CRIMINAL COM- 
PLAINTS. 

Be it enacted, etc., as follows: 

Chapter two hundred and seventeen of the Revised Laws 
is hereby amended by striking out section twenty-four and 
inserting in place thereof the following: — Section 24- Upon 
a complaint for a crime punishable by fine only, or by im- 
prisonment for not more than one year, with or without a 
fine, a summons may be issued instead of a warrant for arrest, 
if, in the judgment of the court or magistrate receiving the 
complaint, there is reason to believe that the defendant will 
appear upon a summons. Approved March 18, 1912. 



R. L. 217, § 24, 
amended. 



Summons may 
issue, in 
certain cases, 
instead of 
warrant. 



Chap. 270 An Act relative to the hunting and possession of 

QUAIL. 

Be it enacted, etc., as folloivs: 

Section one of chapter three hundred and fifty-six of the 
acts of the year nineteen hundred and eleven is hereby 
amended by striking out the word "fifteenth", in the two 
instances where it occurs in the second line, and inserting 
in place thereof, in each instance, the word: — twelfth. 



1911, 356, § 1. 
amended. 



so 



Acts, 1912. — Chaps. 271, 272. 183 

as to read as follows : — Section 1 . It shall be unlawful ?n°clrta?n°° 
excepting only between the twelfth day of October and the ^^"^^ '''"'•''• 
twelfth day of November of each 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 
quail with intent to take or cause the same to be taken out 
of the commonwealth, except quail artificially propagated as 
provided in section two hereof. 

Approved March 18, 1912. 

An Act relative to conditional sales of personal QJkij) 271 
property used in connection with real estate. 

Be it enacted, etc., as folloivs: 

Section 1. No conditional sale of heating apparatus, conditional 
plumbing goods, ranges or other personal property which are peraonlf'"*'"" 
afterward wrought into or attached to real estate shall be p^p"'^- 
valid as against any mortgagee, purchaser or grantee of such 
real estate, unless within ten days after the making of the 
contract of conditional sale, such contract, or a memorandum 
thereof signed by both parties thereto, is recorded in the 
clerk's office of the city or town in which the real estate is 
situated. 

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

Approved March 18, 1912. 

An Act relative to settlements by collectors of Chdy 272 

taxes. 

Be it enacted, etc., as follows: 

Section 1. The tax commissioner shall from time to settlements by 
time secure information as to any unpaid taxes in any city taxer.'""^^ °^ 
or town. For this purpose he may examine the books, 
records and papers of collectors and assessors, and of other 
city or town officers, as he may consider necessary, and he 
may require reports to be made to him by them. 
^ Section 2. Whenever it shall appear to the tax commis- Action may be 
sioner that at the end of three years from the commitment recovertaxes 
of any warrant to a collector any taxes upon such war- "JI.Tjy°coi-'''^ 
rant remain uncollected, or, if collected, have not been turned i<?ctors, etc. 



184 Acts, 1912. — Chaps, 273, 274. 

over to the treasurer of the city or town in accordance with 
law, the commissioner shall forthwith, unless in his judgment 
a delay of not more than one year is expedient, bring an 
action of contract against the collector, and upon his bond, 
for recovery into the treasury of the city or town of any 
taxes thus uncollected or unaccounted for. The action shall 
be brought by the tax commissioner in the name of the city 
or town, and shall be prosecuted by the attorney-general, or 
under his direction, in the superior court for the county in 
which the city or town is situated. 
bome^bydty^ SECTION 3. All reasonable expenses incurred by the 
or town. attorney-general in any action brought under the provisions 

of this act shall be borne by the city or town in the name of 
which the action is prosecuted and may be recovered by the 
commonwealth in an action of contract against such city or 
town. 
Section 4. This act shall take effect upon its passage. 

Ayyroved March 18, 1912. 

Chap. 273 An Act relative to the filing of acceptances by cer- 
tain CANDIDATES NOMINATED AT STATE PRIMARIES. 

Be it enacted, etc., as folloivs: 

nomina^'Jon^ ''^ SECTION 1. No pcrsou whosc uamc is not printed on a 
etc. ' state primary ballot as a candidate for nomination for any 

office shall be entitled to have his name printed on the ballot 
to be used at a state election as a candidate for that office 
unless he files in the office of the secretary of the common- 
wealth, within seventy-two hours after the date on which 
the primary was held, a written acceptance of the nomina- 
tion. 
Section 2. This act shall take effect upon its passage. 

Approved March 18, 1912. 

Chap. 21 Ai An Act relative to primaries before special elections. 

Be it enacted, etc., as follows: 

imemieV^' Section 1 . Scctiou two of chaptcr fivc huudrcd and fifty 
of the acts of the year nineteen hundred and eleven is hereby 
amended by inserting after the word " election ", in the second 
line, the words: — except that primaries before a special 
election shall be held on the second Tuesday preceding the 
special election, — and by adding at the end of said section 
the words: — except that in case of primaries before special 



Acts, 1912. — Chap. 275. 185 

elections, such notice shall be given at least fourteen days 
before the primaries, — so as to read as follows : — Section pate of hoid- 
2. Such primaries shall be held on the sixth Tuesday pre- etc. 
ceding the state election, except that primaries before a 
special election shall be held on the second Tuesday preced- 
ing the special election. In cities or towns where the ques- 
tion of holding primaries by wards, precincts or groups of 
precincts is determined by the aldermen or selectmen, notice 
of such determination shall be given to the secretary of the 
commonwealth, by the aldermen or selectmen on or before 
the first day of August; except that in case of primaries 
before special elections, such notice shall be given at least 
fourteen days before the primaries. 

Section 2. Section eight of said chapter five hundred Imendld.^^' 
and fifty is hereby amended by adding at the end thereof 
the words: — except in the case of primaries before special 
elections, when nomination papers shall be filed on or before 
the second Tuesday preceding the day of the primaries, — 
so as to read as follows : — Section 8. All nomination Filing of 
papers of candidates to be voted for at state primaries under pal^r'^!'*'°° 
this act shall be filed with the secretary of the commonwealth 
on or before the fourth Tuesday preceding the day of the 
primaries; except in the case of primaries before special 
elections, when nomination papers shall be filed on or before 
the second Tuesday preceding the day of the primaries. 

Section 3. This act shall take effect upon its passage. 

Approved March 18, 1912. 

An Act relative to the meetings of registrars of (Jjidj) 275 

VOTERS FOR THE PURPOSE OF CERTIFYING TO NAMES ON 
NOMINATION PAPERS. 

Be it enacted, etc., as folloivs: 

Section 1. Section six of chapter five hundred and fifty 1911,550, §6, 
of the acts of the j'ear nineteen hundred and eleven is hereby '''"^'''''''^• 
amended by adding at the end of the first paragraph the fol- 
lowing : — For the purpose of certifying to the names on 
primary nomination papers it shall be the duty of the board 
of registrars of voters to hold meetings at least once each 
week for the four weeks preceding the date on which such 
papers are required to be filed with the secretary of the com- 
monwealth, except that such meetings shall be held at least 
once each week for the two weeks preceding the date on 
which the papers are required to be so filed for primaries 



186 



Acts, 1912. — Chap. 276. 



Nomination 
papers to be 
submitted to 
registrars of 
voters, etc. 



Repeal. 



before special elections, — so that said paragraph will read 
as" follows: — Every nomination paper shall be submitted on 
or before five o'clock in the afternoon of the Saturday pre- 
ceding the day on which it must be filed to the registrars of 
the city or town in which the signers appear to be voters, 
and in Boston to the election commissioners, who shall 
forthwith certify thereon the number of signatures which 
are names of voters, and from and after the first day of July 
in the year nineteen hundred and twelve, enrolled voters, of 
the party represented by the candidate whose name appears 
in the nomination paper both in city or town and in the dis- 
trict for which the nomination is made. They need not cer- 
tify a greater number of names than are required to make a 
nomination with one fifth of such number added thereto. 
Names not certified in the first instance shall not thereafter 
be certified on the same nomination papers. The secretary 
of the commonwealth shall not be required in an}^ case to 
receive nomination papers for a candidate after receiving 
papers containing a sufficient number of certified names to 
make a nomination, with one fifth of such number added 
thereto. For the purpose of certifying to the names on 
primary nomination papers it shall be the duty of the board 
of registrars of voters to hold meetings at least once each 
week for the four weeks preceding the date on which such 
papers are required to be filed with the secretary of the com- 
monwealth, except that such meetings shall be held at least 
once each week for the two weeks preceding the date on which 
the papers are required to be so filed for primaries before 
special elections. 

Section 2. Chapter seven hundred and forty-five of the 
acts of the year * nineteen hundred and eleven is hereby 
repealed. 

Section 3. This act shall take effect upon its passage. 

Approved March 18, 1912. 



Chap. 21^ An Act relative to interrogatories in civil causes to 

WHICH A MUNICIPALITY IS A PARTY. 

Be it enacted, etc., as follows: 

Section 1. Section sixty one of chapter one hundred and 
seventy-tliree of the Revised Laws is hereby amended by 
adding at the end thereof the following; — If a municipal 
corporation is a party to an action, the adverse party may 
examine the mayor, selectmen, treasurer, clerk or other officer 
or head of a department thereof, as if he were a party, — so 



R. L. 173. § 61. 
amended. 



Acts, 1912. — Chaps. 277, 278. 187 

as to read as follows: — Section 61. If a corporation is a Examination 
party to an action, the adverse party may examine the presi- CfScTrs^'^*''*' 
dent, treasurer, clerk or a director, manager or superintendent 
or other officer thereof as if he were a party. If a municipal 
corporation is a party to an action, the adverse party may 
examine the mayor, selectmen, treasurer, clerk or other offi- 
cer or head of a department thereof, as if he were a party. 
Section 2. The provisions of this act shall apply to pend- Provision to 

* . . , . X i 1/ J. apply to pend- 

mg actions agamst municipal corporations. ing actions. 

Section 3. This act shall take effect upon its passage. 

Approved March 19, 1912. 

An Act relative to the liability of a bank for the Chap. 217 

PAYMENT OF FORGED, UNAUTHORIZED, ALTERED OR RAISED 
NEGOTIABLE INSTRUMENTS. 

Be it enacted, etc., as follows: 

Section 1 . No bank shall be liable to a depositor, or to Liability of a 
the drawer of a bill of exchange upon the bank, for an amount nfJm oTceruiin 
charged to or collected from him on account of the payment S^umints, 
by such bank of a negotiable instrument upon which the '^^^• 
signature of any party is forged, or which is made, drawn, 
accepted or endorsed without authority, or which is materi- 
ally altered, or the amount of w^hich is raised ; unless within 
one year after the return of such negotiable instrument to 
such depositor or drawer, he shall notify the bank in writing 
that, as the case may be, the signature of a party to the instru- 
ment is forged, or that the instrument was made, drawn, 
accepted or endorsed without authority, or that it has been 
materially altered, or that the amount has been raised. 

Section 2. A depositor's vouchers may be returned by Return of 
mailing the same to him, at his last known address, postage vouchers. 
prepaid, and such depositor may, when required to notify 
the bank, give notice in like manner. 

Section 3. In this act, the term "bank" shall include The term 
any person or association of persons carrying on the business defined. 
of banking, whether incorporated or not. 

Approved March 19, 1912. 

An Act relative to the call men in the fire depart- (jjmr> 278 

MENT of the city of new BEDFORD. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of establishing a complete Promotion of 
permanent fire force for the city of New Bedford, the call '''' '"'"•''tc. 



188 



Acts, 1912. — Chap. 279. 



men in the fire department of the city may be promoted and 
become permanent members of the department without civil 
Provisos. service examination : provided, that such call men have served 

the city as firemen for a period of not less than five years, 
and are less than forty-five years of age; and provided, fur- 
ther, that they pass such phj'sical examination as m.ay be 
prescribed by the city physician and the board of fire engineers 
of the city. But this act shall apply only to call men now 
in the said department, and it shall cease to be operative 
five years after its passage. 

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

Approved March 19, 1912. 



Chap.279 An Act making appropriations for the Massachusetts 

AGRICULTURAL COLLEGE. 

Be it enacted, etc., a^ follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the Massachusetts Agricultural 
College, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and twelve, to wit : — 

For the general administration of the college, the sum of 
twenty-five thousand dollars. 

For teaching equipment, and for the general maintenance 
of the college, including heat, light, water and labor, the sum 
of fifty-eight thousand dollars. 

For agricultural investigations and experiments, including 
the maintenance of the Massachusetts agricultural experiment 
station, the sum of ten thousand five hundred dollars. 

For providing the theoretical and practical instruction 
required by the charter of the college and by the laws of the 
United States relating thereto, the sum of sixty thousand 
dollars. 

For short courses and extension work in agriculture, the 
sum of twenty 'thousand dollars. 

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

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

For the inspection of commercial feed stuffs, three thousand 
dollars. 

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

Approved March 20, 1912. 



Appropriations, 
Massachusetts 
Agricultural 
College. 



Gieneral 
administration. 



Teaching 
equipment, etc. 



Investigations, 
etc. 



Instruction. 



Short courses, 
etc. 

Expenses of 
trustees. 



Printing 
report. 



Commercial 
feed stuffs. 



Acts, 1912. — Chap. 280. 189 



An Act relative to reports and records of births, nhnj) 280 
Be it enacted, etc., as follows: 

Section 1. Physicians and midwives shall, within forty- Return of 
eight hours after the birth of every child in cases of which '"'^^^' '^^^' 
they were in charge, mail or deliver to the clerk or registrar 
of the city or town in which the birth occurred a notice 
stating the date and place of the birth, giving the street 
number, if any, the number of the ward in a city and the 
family name. Failure to mail or deliver the said notice shall 
be punished by a fine not exceeding twentj-five dollars for 
each offence. The notice required by this section need not 
be given if the notice required by the following section is 
given ■R'ithin forty-eight hours after the birth occurs. 

Section 2. Physicians and midwives shall make and birthsfete. 
keep a record of the birth of every child in cases of which 
they were in charge and shall, within fifteen days after the 
birth, mail or deliver to the clerk or registrar of the city or 
town in which the birth occurred a report of the birth, stating 
the date and place, the name, if any, of the child, its sex and 
color, and the names, ages, places of birth, occupations and 
residence of the parents, giving the street number, if there 
be any, and the number of the ward in a city, the maiden 
name of the mother, and whether or not the physician or 
midwafe signing the birth return personally attended the 
birth. If the child is illegitimate, the name and other facts 
relating to the father shall not be stated except at the request 
in writing of both the father and mother filed with the return. 
The record to be kept by the ph;\'sician or midwife, as above 
provided, shall also contain the facts hereby required to be 
reported to the city or town clerk. The fee of the physician 
or midwife shall be twenty-five cents for every birth so re- 
ported, which shall be paid by the city or town where the 
report is made, upon presentation to the city or town treas- 
urer of a certificate from the city or town clerk stating that 
the said birth has been properly reported to him. The report 
required to be made by this section is in addition to the re- 
port required to be made by the preceding section, and as 
above provided, if made within forty-eight hours of the birth, 
the report required by the preceding section shall not be 
required. A physician or midwife who neglects to make Penalty for 
and keep the record hereby required, or who neglects to re- record.*" ^^^^ 
port in the manner specified above, each birth within fifteen 



190 



Acts, 1912. — Chaps. 281, 282. 



Repeal. 



days thereafter, shall for each offence forfeit a sum not ex- 
ceeding twenty-five dollars. The city or town clerk or 
registrar shall file daily with the local board of health a list 
of all births reported to him, giving the following facts : date 
of birth, sex, color, family name, residence, ward, physician or 
midwife. 

Section 3. Section three of chapter twenty-nine . of 
the Revised Laws, as amended by chapter ninety-three of the 
acts of the year nineteen hundred and ten, is hereby repealed. 

Approved March 21, 1912. 



Worcester 
Water Scrip. 



Payment of 
scrip. 



CAap. 281 An Act to authorize the city of Worcester to borrow 

MONEY FOR THE PURPOSE OF INCREASING ITS WATER 
SUPPLY. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester is hereby authorized 
to borrow, from time to time, such sums of money as it may 
deem necessary, to the amount of five hundred thousand 
dollars, in excess of the amount heretofore authorized, for 
the purpose of defraying the costs and expenses incident to 
carrying out the purposes authorized by chapter three hun- 
dred and fifty-one of the acts of the year nineteen hundred 
and two, including the payment for lands, water and water 
rights taken or purchased ; and to issue therefor notes, bonds 
or certificates of indebtedness to be denominated on the 
face thereof, Worcester Water Scrip. Said bonds, notes 
or scrip shall be payable within thirty years from the dates of 
issue, shall bear interest at a rate not exceeding four per cent 
per annum, payable semi-annually, and shall be issued by the 
serial method, so-called, and in the manner provided for in 
section thirteen of chapter twenty-seven of the Revised Laws 
and amendments thereof. 

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

Approved March 21, 1912. 

Chap. 282 An Act to confirm the title of the first parish in dor- 

CHESTER to CERTAIN LAND ON MEETING HOUSE HILL IN THE 
city of BOSTON. 

Be it enacted, etc., as follows: 

Sin°iand SECTION I. All coudltious or conditional limitations in 

confirmed, etc. ^]^g jg^^-j ^f ^}^g ^q^^ of Dorchcstcr to the First Parish in 

Dorchester, conveying to said parish the meeting house lot 



Acts, 1912. — Chap. 283. 191 

on Meeting House Hill in the Dorchester district of Boston, 
said deed being recorded with Norfolk deeds, book forty- 
four, page one hundred and fifteen, are hereby released, and 
the title of said parish to said lot of land is hereby confirmed 
and made absolute, excepting from the operation of this act 
such lands and such rights in lands described in said deed as 
have been conveyed by said parish to the city of Boston. 

Section 2. The city of Boston is hereby authorized to Deed to be 
make and deliver to said First Parish in Dorchester a deed 
of the lot of land described in section one of this act, subject 
to the exceptions therein stated, releasing all conditions con- 
tained or conditional limitations in the said deed of the town 
of Dorchester and confirming said title. 

Section 3. This act shall take eifect upon its passage. 

Approved March 21, 1912. 

An Act kelative to certain hypnotic drugs. Chav 283 

Be it enacted, etc., as jolloics: 
Section 1. Section one of chapter three hundred and lo". Y-j ^ ^• 

. Ill amended. 

seventy-two of the acts of the year nineteen hundred and 
eleven is hereby amended by striking out the words "or 
those who are entitled by law to have possession of any of the 
above mentioned articles", in the twelfth, thirteenth and 
fourteenth lines, and inserting in place thereof the words : — or 
a common carrier or porter when transporting any drug men- 
tioned herein between parties hereinbefore mentioned, — so 
as to read as follows: — Section 1. If a person makes com- issuance of 
plaint under oath to a police, district, or municipal court, rantsl'e^.'^' 
or to a trial justice or justice of the peace authorized to issue 
warrants in criminal cases, that he has reason to believe that 
opium, morphine, heroin, codeine, cannabis indica, cannabis • 
sativa or any other hypnotic drug or any salt, compound or 
preparation 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 manu- 
facturer or jobber, wholesale druggist, registered pharmacist, 
registered physician, registered veterinarian, registered den- 
tist, registered nurse, employees of incorporated hospitals, 
or a common carrier or porter when transporting any drug 
mentioned herein between parties hereinbefore mentioned, 
such court or justice, if it appears that there is probable cause 
to believe that said complaint is true, shall issue a search war- 
rant to a sheriff, deputy sheriff, city marshal, chief of police, 



192 



Acts, 1912. — Chap. 283. 



1911, 372, § 3, 
amended. 



Penalty for 
violation of 
law. 



1911, 372, 
amended by 
adding new 
sections. 

Evidence of 
violation of 
law. 

Articles seized 
to be forfeited 
to the com- 
monwealth. 



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 prep- 
aration 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 which such substance is alleged to be kept or deposited. 

Section 2. Section three of said chapter three hundred 
and seventy-two is hereby amended by striking out the 
words "or otherwise entitled by law to have possession of 
any of the above mentioned drugs", in the fifth and sixth 
lines, and inserting in place thereof the words : — or a com- 
mon carrier or porter when transporting any drug mentioned 
herein between parties hereinbefore mentioned, — so as to 
read as follows: — Section 3. Whoever, not being a man- 
ufacturer or jobber of drugs, wholesale druggist, registered 
pharmacist, registered phj^sician, registered veterinarian, 
registered dentist, registered nurse or an employee of an in- 
corporated hospital, or a common carrier or porter when 
transporting any drug mentioned herein between parties 
hereinbefore mentioned, is found in possession thereof, ex- 
cept by reason of a physician's prescription, shall be punished 
by a fine of not more than one hundred dollars or by im- 
prisonment for six months in the house of correction. 

Section 3. Said chapter three hundred and seventy-two 
is hereby further amended by adding thereto the three follow- 
ing new sections, which are to be numbered, respectively, as 
follows : — Section 4- Possession of the above mentioned 
articles shall be presumptive evidence that such possession 
was in violation of law. Section 5. If after such notice 
as the court or trial justice shall order, it appears that any 
article or drug seized under the provisions of section one 
was, at the time of the making of the complaint, in the 
possession of the person alleged therein in violation of law, 
the court or trial justice shall order that such article or drug 
so seized shall be forfeited to the commonwealth and shall 
order such article or drug to be sent to the state board of 
health. Said board may destroy the same or cause the same 
to be destroyed or to be disposed of in any way not pro- 



Acts, 1912. — Chap. 284. 193 

hibited by law, and, after paying the cost of transportation 

of said substances and of the disposition thereof, said board 

shall pay over the net proceeds to the treasurer and receiver 

general. Section 6. The provisions of section eight of ^rOTtibnsof 

chapter two hundred and seventeen of the Revised Laws shall i^w to apply. 

apply to all judgments and orders made under this act. 

Approved March 21, 1912. 



Chap.28^ 



An Act to establish the bushel weight of certain 
commodities. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter sixty-two of the r. l. 62, §4, 
Revised Laws, as amended by chapter two hundred and *^**^' '^°^®''*^®''- 
ninety-seven of the acts of the year nineteen hundred and 
ten, is hereby further amended by striking out the word 
"and", in the last line, and by adding at the end thereof 
the words: — of string beans, twenty-four pounds; of shell 
beans, twenty-eight pounds ; of unshelled green peas, twenty- 
eight pounds; of dandelions, twelve pounds; of spinach, 
twelve pounds; of beet greens, twelve pounds; of kale, 
twelve pounds; and of parsley, eight pounds, — so as to 
read as follows: — Section 4- The bushel of wheat shall con- Bushel weight 
tain sixty pounds; of Lidian corn or of rye, fifty-six pounds; commoduies. 
of barley, forty-eight pounds; of oats, thirty-two pounds; 
of corn meal, fifty pounds; of rye meal, fifty pounds; of 
peas, sixty pounds; of soy beans (glycine hispida), fifty- 
eight pounds; of potatoes, sixty pounds; of apples, forty- 
eight pounds; of carrots, fifty pounds; of onions, fifty-two 
pounds; of clover seed, sixty pounds; of herdsgrass or 
timothy seed, forty-five pounds; of Japanese barnyard 
millet (panicum crusgalli), thirty-five pounds; of bran and 
shorts, twenty pounds; of flaxseed, fifty-five pounds; of 
coarse salt, seventy pounds; of fine salt, fifty pounds; of 
Hme, seventy pounds; of sweet potatoes, fifty-four pounds; 
of beans, sixty pounds; of dried apples, twenty-five pounds; 
of dried peaches, thirty-three pounds; of rough rice, forty-five 
pounds; of upland cotton seed, thirty pounds; of sea island 
cotton seed, forty-four pounds; of buckwheat, forty-eight 
pounds; of beets, sixty pounds; of cranberries, thirty-two 
pounds; of pears, fifty-eight pounds; of parsnips, forty- 
five pounds; of roasted peanuts, twenty pounds; of green 
peanuts, twenty-two pounds; of peaches, forty-eight pounds; 
of tomatoes, fifty-six pounds; of turnips, fifty-five pounds; 



194 



Acts, 1912. — Chap. 285. 



The town of 
Sterling may 
supply itself 
with water. 



of quinces, forty-eight pounds; of string beans, twenty-four 
pounds; of shell beans, twenty-eight pounds; of unshelled 
green peas, twenty-eight pounds; of dandelions, twelve 
pounds; of spinach, twelve pounds; of beet greens, twelve 
pounds; of kale, twelve pounds; and of parsley, eight pounds. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1912. 

Chap. 285 An Act to authorize the town of sterling to supply 

ITSELF AND ITS INHABITANTS WITH WATER. 

Be it enacted, etc., as follows: 

Section 1. The town of Sterling may supply itself and 
its inhabitants with water for the extinguishment of fires 
and for domestic, manufacturing and other purposes; may 
establish hydrants and relocate or discontinue the same; and 
may regulate the use of such water and fix and collect rates 
to be paid therefor. Said town, for the purposes aforesaid, 
may secure and purchase water from the town of Clinton; 
and the town of Clinton is hereby authorized to supply water 
to the town of Sterling and the inhabitants thereof upon such 
terms and conditions as may be agreed upon by said towns. 

Section 2. The town of Sterling may construct, lay and 
maintain conduits, pipes and other works under and over 
any land, water courses, railroads, railways and public and 
other ways, and along such ways in the town of Sterling, in 
such manner as not unnecessarily to obstruct the same; and 
for the purpose of constructing, laying, maintaining, operat- 
ing 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 hin- 
drance to public travel on such ways. Said town shall not 
enter upon, construct or lay any conduits, pipes or other 
works within the location of any railroad corporation, except 
at such time and in such manner as it may agree upon with 
such corporation, or, in case of failure so to agree, as may be 
approved by the board of railroad commissioners. 

Section 3. The town of Sterling shall pay all damages 
to property sustained by any person or corporation by reason 
of anything done by the town under authority of this act. 
Any person or corporation sustaining 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 



May construct 
conduits, etc. 



Damages. 



Acts, 1912. — Chap. 286. 195 

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 doing of the injury under authority of this act; 
but no such application shall be made after the expiration of 
the said two years. 

Section 4. The selectmen of the town of Sterling shall co|fs't-^tea° 
constitute a board of water commissioners so long as the board of water 

,. .. ~ ,, .. PI- commissionera, 

suppljang and usmg or water under the provisions or this act etc. 
are confined to the Red Stone district, so-called. As such 
commissioners they shall fix just and equitable prices and 
rates for the use of water, and shall prescribe the time and 
manner of payment. The income derived from such sale of 
water and such rates shall be applied to defraying all operat- 
ing expenses and the cost of new construction. As such 
board of water commissioners the said selectmen shall 
annually render the town a report and an account of their 
doings, including an account of receipts and expenditures. 

Section 5. This act shall not be held to authorize the Acceptance of 
town of Sterling to supply itself or its inhabitants with water 
outside the Red Stone district, so-called, until the provisions 
of this act have been accepted by a majority vote of the legal 
voters of the town of Sterling, present and voting at a legal 
meeting called for that purpose. 

Section 6. This act shall take effect upon its passage. 

Approved March 21, 1912. 

An Act relative to the county records affecting real Chav.2^Q 

ESTATE IN THAT PART OF THE CITY OF BOSTON WHICH WAS 
formerly the town of HYDE PARK. 

Be it enacted, etc., as follows: 

Section 1. It shall be the duty of the register of deeds Recorda 
for the county of Norfolk, upon the passage of this act, to tlute m X't 
furnish for the registry of deeds for the county of Suffolk, ^f Bofton^ *''*^ 
at the expense of the latter county, certified copies of all Y^'^^ 7^^ 
outstanding certificates of title issued pursuant to chapter Hyde Park, 
one hundred and twenty-eight of the Revised Laws affecting 
any real estate in that part of the city of Boston which was 
formerly the town of Hyde Park, and which was annexed 
to the city of Boston under the provisions of chapter four 
hundred and sixty-nine of the acts of the year nineteen 
hundred and eleven. It shall also be the duty of said register 
of deeds to furnish certified copies upon the requisition of 
the register of deeds for the county of Sufl'olk, and at the 



196 



Acts, 1912. — Chap. 287. 



Copies of 
certificates to 
be certified to, 
etc. 



Copies filed in 
the Suffolk 
registry of 
deeds to be in 
full force. 



expense of the county of Suffolk, of any documents on the 
files of the registry of deeds for the county of Norfolk affect- 
ing any real estate registered under said chapter one hundred 
and twenty-eight in what was formerly the town of Hyde 
Park. 

Section 2. All copies of certificates of title furnished 
under the provisions of section one of this act shall be certified 
as of the first Monday of January in the year nineteen hun- 
dred and twelve, and when such copies are filed in the regis- 
try of deeds for the county of Suffolk they shall have the 
same force and effect, and be treated in all respects, as if 
they were the originals, and any and all copies of documents 
furnished as aforesaid when filed in the registry of deeds for 
the county of Suffolk shall have the same force and effect 
and be treated in all respects as if they were the originals. 

Section 3. Any copies of certificates or documents afore- 
said filed in the Suffolk registry of deeds prior to the passage 
of this act and subsequent to the first Monday of January 
in the year nineteen hundred and twelve, shall be of like 
effect and be treated in all respects as though filed under 
the provisions of this act. 

Section 4. This act shall take effect upon its passage. 

Apprmed March 21, 1912. 



Chap. 287 An Act making appropriations for the salaries and 

EXPENSES OF THE MASSACHUSETTS HIGHWAY COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the salaries and expenses of 
the Massachusetts highway commission, for the fiscal year 
ending on the thirtieth day of November, nineteen hundred 
and twelve, to wit : — 

For the salaries of the commissioners, the sum of seventy- 
seven hundred and fifty dollars. 

For the salaries of the engineers, clerks and assistants, a 
sum not exceeding twenty-one thousand five hundred dollars. 

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

For postage, printing and other necessary office expenses, 
including the printing and binding of the annual report, a 
sum not exceeding sixty-five hundred dollars. 



Appropria- 
tions, 
highway 
commission. 



Salaries of 
commissioners. 



Engineers. 



Expenses. 



Postage, etc. 



Acts, 1912. — Chaps. 288, 289. 197 

For rent of offices, a sum not exceeding forty-seven hun- Rent of office. 
dred and fifty dollars. 

For care and repair of road-building machinery, a sum not Road-buiiding 

. . n 1 ] J ] 11 machinery. 

exceedmg seventy-five hundred dollars. 

For the maintenance of state highways, for the present state highways. 
year and for previous years, a sum not exceeding two hun- 
dred thousand dollars. 

For the suppression of the gypsy and brown tail moths Suppression of 
and other insect pests which threaten the trees on state high- brown tail 
ways, a sum not exceeding ten thousand dollars. '"° 

For the repair of a certain highway in the town of Truro, Highway in 
a sum not exceeding five hundred dollars. 

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

Approved March 21, 1912. 

An Act making a further appropriation for the main- Chav. 28S 

TENANCE OF THE PENIKESE HOSPITAL. 

Be it enacted, etc., as folloivs: 

Section 1. A sum not exceeding twenty-one himdred p^iXese'**'"''' 
dollars is hereby appropriated, to be paid out of the treasury i»ospitai. 
of the commonwealth from the ordinary revenue, for replacing 
stores and supplies lost by a recent fire, the same to be in 
addition to the amount heretofore appropriated for main- 
taining the Penikese hospital for the fiscal year ending on the 
thirtieth day of November, nineteen hundred and twelve. 

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

Approved March 21, 1912. 

An Act relative to the appointment of stenographers nhn^ 989 

FOR criminal cases IN THE SUPERIOR COURT. ^' 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-five of the r. l. les. § 83. 
Revised Laws is hereby amended by striking out section ^'"'^'^ ^ 
eighty-three and inserting in place thereof the following: 
— Section 83. At the trial of any issue of fact in the supreme Appointment of 
judicial court the presiding justice may appoint a stenog- stenographers. 
rapher, who shall be sworn. At the trial of any criminal case 
in the superior court, except in the county of Suffolk, the 
presiding justice may, at the request of the district attorney 
or of the defendant, appoint a stenographer who shall be 
sworn: provided, however, that such request is made at a Proviso. 
reasonable time before the trial, so as to enable the court 



198 



Acts, 1912. — Chaps. 290, 291. 



to secure the attendance of a stenographer. The presiding 
justice may in hke manner appoint a stenographer in any 
case of his own motion. 
Section 2. This act shall take effect upon its passage. 

Ajyproved March 21, 1912. 



Board of 
registration in 
veterinary 
medicine. 



Salaries of 
niembera. 

Expenses. 



Chap. 290 An Act making appropriations for the board of regis- 
tration IN veterinary medicine. 

Be it enacted, etc., as folloivs: 

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

For the salaries of the members, a sum not exceeding six 
hundred dollars. 

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

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

Approved March 21, 1912. 

Chap. 291 An Act making appropriations for the board of regis- 
tration in medicine. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the salaries and expenses of 
the board of registration in medicine, for the fiscal year end- 
ing on the thirtieth day of November, nineteen hundred and 
twelve, to wit: — 

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

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

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

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

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

Apprcroed March 21, 1912. 



Appropria- 
tions, board of 
registration in 
medicine. 



Salaries of 
members. 



Expenses. 



Clerk. 
Printing, etc. 



sauatonuia. 



Acts, 1912. — Chaps. 292, 293, 294. 199 



An Act making appropriations for the maintenance (7/iai).292 

OF the RUTLAND STATE SANATORIUM. 

Be it enacted, etc., as folloics: 

Section 1. The sums hereinafter mentioned are appro- Rutland state 
priated for the maintenance of the Rutland state sanatorium 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit : — 

From the receipts of said sanatorium now in the treasury 
of the commonwealth, the sum of forty-eight thousand two 
hundred thirty-two dollars and sixty-nine cents; and from 
the treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding one hundred thirty-one thousand seven 
hundred sixty-seven dollars and thirty-one cents. 

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

Approved March 21, 1912. 



An Act making appropriations for the maintenance of Chap.293 
the north reading state sanatorium. 

Be it enacted, etc., as follows: 

Section 1 . The sums hereinafter mentioned are appro- North Reading 
priated for the maintenance of the North Heading state sana^tonum. 
sanatorium for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and twelve, to wit : — 

From the receipts of said sanatorium now in the treasury 
of the commonwealth, the sum of twenty-two thousand three 
hundred fifty-seven dollars and thirt^^-one cents; and from 
the treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding fifty-nine thousand seven hundred 
fifty-two dollars and sixty-nine cents. 

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

Approved March 21, 1912. 

An Act making appropriations for the maintenance of CJia7).294: 
the westfield state sanatorium. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- westfieid state 
priated for the maintenance of the Westfield state sanatoriinn ''^°'' o"um. 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit: — 



200 



Acts, 1912. — Chaps. 295, 296. 



From the receipts of said sanatorium now in the treasury 
of the commonwealth, the sum of twenty-three thousand six 
hundred forty-seven dollars and twenty-eight cents; and 
from the treasury of the commonwealth from the ordinary 
revenue, a sum not exceeding sixty-three thousand three 
hundred fifty-two dollars and seventy-two cents. 

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

Approved March 21, 1912. 



Chap.295 An Act making appropriations for the board of regis- 
tration IN DENTISTRY. 

Be it enacted, etc., as folloivs: 

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

For the salaries of the members, seventeen hundred dollars. 

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 March 21, 1912. 



Board of 
registration in 
dentistry. 



Salaries of 
members. 
Clerical 
services, etc. 



C/iap.296 An Act making appropriations for certain expenses of 

THE TRUSTEES OF HOSPITALS FOR CONSUMPTIVES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the trustees of hospitals for 
consumptives, for the fiscal year ending on the thirtieth day 
of November, nineteen hundred and twelve, to wit : — 

For travelling and other necessary expenses of the trustees, 
to include the printing and binding of their annual report, a 
sum not exceeding twenty-six hundred and seventy dollars. 

For the salary of the secretary of the trustees, two thou- 
sand dollars. 

For the salary of the stenographer, one thousand dollars. 

For extra clerical services, a sum not exceeding five hundred 
dollars. 



Trustees of 
hospitals for 
consumptives. 



Expenses. 



Secretary. 



Stenographer. 

Clerical 
services. 



Acts, 1912. — Chaps. 297, 298, 299. 201 

To encourage and promote the building and use of tuber- J"g''^i^yg°^^'^ 
culosis hospitals in cities and towns, five thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1912. 



An Act making appropriations for the maintenance of Qfiap. 297 

THE LAKEVILLE STATE SANATORIUM. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Lakevuie state 
priated for the maintenance of the Lakeville state sanatorium 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit : — 

From the receipts of said sanatorium now in the treasury 
of the commonwealth, the sum of thirteen thousand thirty- 
seven dollars and thirty-nine cents; and from the treasury 
of the commonwealth from the ordinary revenue, a sum not 
exceeding seventy-three thousand five hundred sixty-two 
dollar's and seventy-one cents. 

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

Approved March 21, 1912. 



sanatorium. 



An Act to provide for additional clerical assistance (^/^^^ 298 
for the treasurer of the county of plymouth. 

Be it enacted, etc., as folloivs: 

Section 1. Section three of chapter twenty-one of the r. l. 2i,§3, 
Revised Laws is hereby amended by striking out in the tenth ^"^^^'i'^^- 
line, the word " three", and inserting in place thereof the word : 
— five, — so that the said fine will read as follows: — For county of 
the county of Plymouth, not more than five hundred dollars. 

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

Approved March 21, 1912. 



Plymouth. 



C/iap.299 



An Act to authorize the city^ of boston to pay a sum of 

MONEY TO ANNIE L. o'nEIL, SISTER OF MICHAEL J. o'nEIL. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston by vote of the city xhe city of 
council, approved by the mayor, is hereby authorized to p°y*a^^of 
pay a sum not exceeding five hundred dollars to Annie L. J°°f/L° 
O'Neil, sister of Michael J. O'Neil late an employee of ONeii. 



202 



Acts, 1912. — Chaps. 300, 301. 



Turners Falls 
Company. 



Provisos. 



the ferry department of said city who died from injuries 
received while protecting two women at the ferry gate. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1912. 

Chap. 300 An Act relative to the turners falls company. 
Be it enacted, etc., as follows: 

Section 1. The Turners Falls Company is hereby made 
subject to the provisions of chapter four hundred and thirty- 
seven of the acts of the year nineteen hundred and three, 
entitled "An Act relative to business corporations", and 
all acts in amendment thereof or in addition thereto in re- 
gard to the amount of property which it may hold, the amount 
of stocks, bonds and other securities w^hich it may issue, and 
the manner and mode of issuing the same : yracided, hoivever, 
that the capital stock of said company shall not be increased 
to an amount exceeding two and one half million dollars and 
that all stock shall be issued for cash at par; and provided, 
further, that bonds, mortgage or coupon notes, or other 
evidences of indebtedness payable at periods of more than 
twelve months after the date thereof shall not be issued to an 
amount exceeding the capital stock outstanding at the 
time of such issue. 

Section 2. Nothing herein contained shall be so con- 
strued as to abridge the powers heretofore granted to said 
corporation. 

Section 3. This act shall take effect upon its passage. 

Approved March 21, 1912. 

Chap. SOI An Act making an appropriation for the care of the 

CHARLES RIVER BASIN BY THE METROPOLITAN PARK COM- 
MISSION. 

Be it enacted, etc., as follows: 

chaA^Jltv^^' Section 1. A sum not exceeding one hundred five 
basin. thousand eight hundred and fifty dollars is hereby appro- 

priated, to be paid out of the Charles River Basin Main- 
tenance Fund by the metropolitan park commission for the 
care of the Charles river basin during the year ending on 
the thirtieth day of November, nineteen hundred and twelve, 
as authorized by chapter four hundred and sixty-five of the 
acts of the year nineteen hundred and three. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1912. 



Certain powers 
not abridged. 



Harriet 
Ouimette. 



Acts, 1912. — Chaps. 302, 303, 304, 305. 203 



An Act to authorize the city of Cambridge to pay a Chap. S02 

SUM OF MONEY TO THE DAUGHTER OF EXURIE J. OUIMETTE. 

Be it enacted, etc., as foUcnvs: 

Section 1. The city of Cambridge, acting by its city The city of 
council with the approval of the mayor, is hereby authorized pa:I"a "um oT 
to pay to EHzabeth Harriet Ouimette, daughter of Exurie ESeth 
J. Ouimette who died from injuries received while in the per- " 
formance of his duty as a lieutenant in the fire department 
of said city, the sum of five hundred dollars a year for the 
period of four years, payable in equal monthly instalments. 

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

Approved March 21, 1912. 

An Act relative to the boston mutual letter carriers' Chav.Z^Z 
association. 

Be it enacted, etc., as follows: 

Section 1. The Boston Mutual Letter Carriers' As- The Boston 
sociation is hereby authorized to amend its constitution and carHers' ""'"^ 
by-laws so that members of the association may continue n\ay amemi 
as members after their connection with the post office de- ^ts constitution. 
partment has ceased. 

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

Apprmed March 21, 1912. 

An Act to authorize conveyances of real estate be- Chav.^^^ 
tween husband and wife. 

Be it enacted, etc., as follows: 

Husband and wife may make conveyances of real estate conveyances 
to each other except by way of mortgage, as if unmarried; bltwe'er^'^*" 
but no such conveyance shall have any effect, either in pass- Jj-fe"''"'' '"'"'^ 
ing title or otherwise, until the deed describing the property 
to be transferred is duly acknowledged and recorded in the 
registry of deeds for the district where the land lies. 

Approved March 21, 1912. 

An Act to authorize the town of Richmond to refund (jji^rp 3Q5 

CERTAIN notes. 

Be it enacted, etc., as folloivs: 

Section 1. For the purpose of paying certain outstanding The town ot 
notes to the amount of seven thousand dollars, the town of may refund 

certain notes. 



204 



Acts, 1912. — Chap. 306. 



Richmond is hereby authorized to borrow the said sum and 
to issue notes therefor. The notes so issued shall be for the 
principal sum of one thousand dollars each, payable one 
each year for seven consecutive years, commencing with the 
year nineteen hundred and thirteen. Each note shall be 
signed by the treasurer and countersigned by the selectmen, 
and shall bear interest at a rate not exceeding five per cent 
per annum. The money required annually to pay the in- 
terest on said notes, together with the principal of the note 
falling due in that year, shall be raised by taxation in the 
same manner in which the other expenses of the town are pro- 
vided for. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1912. 



Commission of 
public works 
in the town of 
Peabody, 
powers 
defined, etc. 



C/iap. 306 An Act to increase the authority and define the 

POWERS, DUTIES AND LIABILITIES OF THE COMMISSION OF 
PUBLIC WORKS OF THE TOWN OF PEABODY. 

Be it enacted, etc., as follows: 

Section 1. The commission of public works of the town 
of Peabody, in addition to the authority and powers vested 
in it and the liabilities imposed upon it by the provisions of 
chapter six hundred and twenty-one of the acts of the year 
nineteen hundred and ten, shall have and exercise the powers 
vested in, and be subject to the liabilities and duties imposed 
upon, water commissioners, surveyors of highways, and road 
commissioners, except as to shade trees, under any general 
law of the commonwealth now or hereafter existing. 

Section 2. The said commission, without being subject 
to the authority or direction of the selectmen of the town of 
Peabody, shall have exclusive charge and control of all re- 
pairs and labor upon all public and private ways, bridges 
and sidewalks in the town, including the care and repair of 
guideposts. 

Section 3. The said commission, unless the town at 
any time shall vote otherwise, shall have the exclusive man- 
agement, improvement and control of the water supply 
system of the town, as now or hereafter established, including 
all reservoirs, pumping stations, aqueducts, drinking foun- 
tains, structures of every nature, and sources of water supply 
constituting said water supply system; and the commission 
shall superintend the performance of all works, operations, 



To have 
control of 
repairs and 
labor, etc. 



To have 
control of the 
water supply 
system, etc. 



Acts, 1912. — Chap. 307. 205 

and things whatsoever which may be necessary to be done 
from time to time in connection with the management, 
operation, extension, care and control of the water supply 
system of the town. 

Section 4. The said commission shall have authority to To define the 
fix and define the duties of all the superintendents, sub- ce'rum officials. 
ordinate officers and employees appointed and employed 
by the commission. 

Section 5. The said commission shall have authority water rates, 

etc. 

to fix rates and charges from time to time for the use of water 
furnished by the town, and shall have the power to make and 
establish from time to time such regulations and rules as the 
commission may deem necessary or proper for controlling 
and regulating the manner, quantity and time of use by 
the consumer of the water furnished by the town for public 
and private use, including provisions for the enforcement 
of said rules and regulations, and for enforcement of the pay- 
ment of water rates and charges by cutting oft" the supply of 
water from any consumers of water who shall fail to comply 
with the rules and regulations established by the commission, 
and by cutting oft* the supply of water from any consumer 
who may be in arrears in his water rates and charges after a 
designated time. The commission shall also have authority 
to make from time to time rules and regulations prohibiting 
the use of hand hose and sprinklers by the consumer when the 
commission shall deem such prohibition necessary for the 
preservation of the water supply of the town. 

Section 6. The said commission shall also have authority '^^nanp'^lbr 
to make regulations providing that whoever violates the violation of 
provisions of any regulation prohibiting the use of hand hose etc. 
and sprinklers shall be punished by a fine not exceeding ten 
dollars for each day during which such violation continues. 

Approved March 22, 1912. 



An Act relative to the hour for closing the polls at Chap.307 

elections. 

Be it enacted, etc., as follows: 

Section two hundred and forty-seven of chapter five i907, seo, § 247, 



hundred and sixty of the acts of the year nineteen hundred 
and seven is hereby amended by striking out the word 
"sunset", in the thirteenth line and also in the twenty-first 
line, and inserting in place thereof, in each instance, the 



amended. 



206 



Acts, 1912. — Chap. 308. 



Warrants, etc., 
to specify by 
name officers 
to be voted 
for, etc. 



Time of 

opening and 
closing tlie 
polls in cities. 



Time of open- 
ing and closing 
the polls iu 
towns. 



words: — eight o'clock in the evening, — so as to read as 
follows : — • Section 2If! . Notices or warrants for meetings 
for state and city elections and for the election of town offi- 
cers in towns where official ballots are used shall specify by 
name all the offices to be voted for, and state in full any pro- 
posed amendment to the constitution or other question sub- 
mitted to the people. They shall specify the time when the 
polls will be opened, and in cities, when the polls will be 
closed, and in towns, when they may be closed. 

In cities, the polls may be opened as early as six o'clock in 
the forenoon and shall be opened as early as ten o'clock in 
the forenoon and shall be kept open at least six hours, but 
in no case after the hour of eight o'clock in the evening. 

In towns, at the election of state and town officers, the 
polls may be opened as early as fifteen minutes before six 
o'clock in the forenoon and shall be opened as early as twelve 
o'clock, noon, and shall be kept open at least four hours, and 
until the time specified in the warrant when they may be 
closed; and they may be kept open for such longer time as 
the meeting shall direct, but they shall not be kept open 
after the hour of eight o'clock in the evening. At annual 
town meetings they shall be kept open at least one hour for 
the reception of votes upon the question of licensing the sale 
of intoxicating liquors. After an announcement has been 
made by the presiding officer of a time so fixed for closing 
the polls they shall not be closed at an earlier hour. 

AiJproved March 22, 1912. 



Chap.308 An Act to authorize towns to adopt by-laws prescribing 

THE NUMBER OF LEGAL VOTERS NECESSARY TO CONSTITUTE 
A QUORUM AT TOWN MEETINGS. 

Be it enacted, etc., as follows: 

Section 1. Towns may prescribe by by-law the number 
of legal voters necessary to constitute a quorum at town 
meetings except such parts of meetings as are devoted ex- 
clusively to the election of town officers. 

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

Approved March 22, 1912. 



Quorum at 
town meetings 



Acts, 1912. — Chap. 309. 207 



An Act making appropriations for sundry miscellaneous Chap. 309 

EXPENSES authorized DURING THE PRESENT YEAR AND 
FOR CERTAIN OTHER EXPENSES AUTHORIZED BY LAW. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned care appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth ^'°"^- 
from the ordinary revenue, for the purj^oses specified, to 
wit : — 

To provide for an annuity for Ella Raymond, as authorized ^"'^ Raymond. 
by chapter one of the resolves of the present year, a sum not 
exceeding two hundred and seventy-five dollars. 

To provide for reprinting the state house guide book, as state house 
authorized by chapter five of the resolves of the present year, ^""^^ '^°°''" 
a sum not exceeding one thousand dollars. 

For the establishment of fish hatcheries and the propagation Fish hatch- 
of food and game fish, as authorized by chapter six of the ''"''^' ''^'^' 
resolves of the present year, a sum not exceeding sixteen 
thousand dollars. 

For printing the report of the metropolitan plan commis- Motroijoiitan 
sion, as authorized by chapter eight of the resolves of the Tion. *^°"'°"^' 
present year, a sum not exceeding one hundred and fifty 
dollars. 

To reimburse the town of Goshen for money paid as state wiiiiam b. 
aid to the widow of William B. Rice, as authorized by chapter ^^^^' 
nine of the resolves of the present year, the sum of sixty-four 
dollars. 

To increase the annuity of Lucinda B. Cummings, as LucindaB. 
authorized by chapter twelve of the resolves of the present <^""™™"*ss. 
year, a sum not exceeding one hundred and twenty-five dol- 
lars, the same to be in addition to any amount heretofore 
appropriated for this purpose. 

For an investigation by the director of the bureau of J^^Jlg^u^of 
statistics as to sinking funds and serial loans of cities and statistics. 
towns, as authorized by chapter eleven of the resolves of the 
present year, a sum not exceeding fifteen hundred dollars. 

To provide annuities for Ellen Ford and Catherine Ford, cathef^eFord 
as authorized by chapter thirteen of the resolves of the 
present year, a sum not exceeding two hundred and seventy- 
five dollars. 

Toward the support of the Massachusetts Soldiers' Home, soidiers' 
as authorized by chapter seventeen of the resolves of the ^^'""®- 



208 



Acts, 1912. — Chap. 310. 



Massachusetts 
Charitable Eye 
and Ear In- 
firmary. 

Infantile 
paralysis. 



Commissioners 
on fisheries 
and game. 



Treasurer and 
receiver gen- 
eral. 



Directors of 
the port of 
Boston. 



Suppressing 
the gypsy and 
brown tail 
moths. 



Purchase of 
forest lands, 
etc. 



present year, the sum of ninety-five thousand dollars, to be 
paid in equal quarterly instalments. 

For the Massachusetts Charitable Eye and Ear Infirmary, 
as authorized by chapter eighteen of the resolves of the 
present year, the sum of forty-five thousand dollars. 

For further investigation by the state board of health of 
infantile paralysis, as authorized by chapter fifteen of the 
resolves of the present year, a sum not exceeding five thou- 
sand dollars, the same to be in addition to any amount 
heretofore appropriated for this purpose. 

For compensation of the commissioners on fisheries and 
game, a sum not exceeding four hundred fifty-eight dollars 
and thirty-three cents, the same to be in addition to any 
amount heretofore appropriated for this purpose. 

For clerical assistance in the office of the treasurer and 
receiver general, as authorized by chapter seven of the acts 
of the present year, a sum not exceeding one thousand dollars, 
the same to be in addition to any amount heretofore appro- 
priated for this purpose. 

For salaries and expenses of the directors of the port of 
Boston, as authorized by chapter forty-six of the acts of the 
present year, the sum of twenty-three thousand six hundred 
eighty-eight dollars and twenty-five cents. 

For suppressing the gypsy and brown tail moth, as au- 
thorized by chapter one hundred and twelve of the acts of 
the present year, a sum not exceeding one hundred thousand 
dollars, the same to be in addition to any amount heretofore 
appropriated for this purpose. 

For the purchase of forest lands, protection against forest 
fires and combatting the chestnut bark disease, as authorized 
by chapter one hundred and twenty-seven of the acts of the 
present year, a sum not exceeding ten thousand dollars. 

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

Approved March 22, 1912. 



1911, 456, § 8 
amended. 



C/iap.310 An Act relative to payments in cases of non-support. 

Be it enacted, etc., as follows: 

Section eight of chapter four hundred and fifty-six of the 
acts of the year nineteen hundred and eleven is hereby 
amended by striking out the words "and so ordered", in 
A certain sum the scveiith line, so as to read as follows: — Sections. 
wedkivtothe It shall be the duty of the superintendent, master or keeper, 
tKersonsTn ^s thc case may be, of any reformatory or penal institution 



Acts, 1912. — Chap. 311. 209 

in which any person is confined by virtue of a sentence im- destitute cir- 
posed under the provisions of this act, providing that the et*™^ ^^'^^^' 
court imposing such sentence finds the wife, child or children, 
as the case may be, of such person to be in destitute or needy 
circumstances, to pay over to the probation officer, at the 
end of each week a sum equal to fifty cents for each day's 
hard labor performed by the person so confined. In making 
the payment the superintendent, master or keeper, as the 
case may be, in charge of the reformatory, or penal institu- 
tion, shall state the name of the person for whose labor the 
payment is made, and the probation officer shall pay over 
such sum promptly to the wife, or to the guardian or custodian 
of the minor child or children of the person so confined, or 
to the city, town, corporation or society supporting the wife 
or minor child or children at the time when the sentence was 
imposed, or to the treasurer of the commonwealth for the 
use of the state board of charity when the complaint was for 
neglect to provide for the support of the minor child or of 
minor children who have been committed to the custody of 
said board. Approved March 22, 1912. 

An Act to authorize certain mutual insurance com- rhnj) 31 1 

PANIES TO transact THE BUSINESS OF EMPLOYERS' LIA- 

bility insurance, so-called. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and fifty- ign, 251, § 1, 
one of the acts of the year nineteen hundred and eleven is '^""^'^'^^'^• 
hereby amended by adding at the end thereof the words: 
— Mutual companies doing business and organized prior 
to April sixth, nineteen hundred and eleven, to transact 
employers' liability business may have and exercise all the 
rights and powers conferred by this section upon companies 
which may be organized hereunder, but such rights and 
powers shall not be exercised unless authorized by a two 
thirds vote of the policy-holders present and voting at a 
meeting duly called for that purpose, — so as to read as fol- 
lows : — Section 1 . Ten or more persons who are residents incorporation 
of this commonwealth may form an insurance company on comprnfeTon 
the mutual plan to insure any person, firm or corporation pi'^n^etc'"^ 
against loss or damage on account of the bodily injury or 
death by accident of any person, or against damage caused 
by automobiles to property of another, for which loss or 
damage such person, firm or corporation is responsible. 



210 



Acts, 1912. — Chaps. 312, 313. 



The corporation 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. Mutual com- 
panies doing 'business and organized prior to April sixth, 
nineteen hundred and eleven, to transact employers' lia- 
bility business may have and exercise all the rights and 
powers conferred by this section upon companies which may 
be organized hereunder, but such rights and powers shall 
not be exercised unless authorized by a two thirds vote of 
the policy-holders present and voting at a meeting duly 
called for that purpose. 
Section 2. This act shall take effect upon its passage. 

Ajyproved March 22, 1912. 

Chap. 312 An Act relative to reports required to be made by 

ASSESSORS TO THE TAX COMMISSIONER. 

Be it enacted, etc., as follows: 

Section 1. On or before the fifteenth day of January 
in each year assessors of cities and towns shall report to the 
tax commissioner in the form prescribed for tables of aggre- 
gates by section fifty-seven of Part I of chapter four hundred 
and ninety of the acts of the year nineteen hundred and nine 
the facts as to any and all assessments made by them between 
the tenth and twentieth days of December next preceding, 
in accordance with the provisions of section eighty-five of 
said Piirt I as amended by chapter eightj-nine of the acts 
of the year nineteen hundred and eleven. 

Section 2. As soon as may be after the receipt from 
assessors of the information furnished to him in accordance 
with the provisions of section one of this act the tax com- 
missioner shall compile the same in the form provided by 
section sixty-two of said Part I and make report thereof to 
the general court. 

Section 3. If the board of assessors of any city or town 
neglect to comply with the provisions of this act, each assessor 
so neglecting shall forfeit not more than two hundred dollars. 

Api)rovcd March 22, 1912. 



Assessors of 
cities and 
towns to 
report to the 
tax commis- 
sioner in a 
certain pre- 
scribed form. 



Tax commis- 
sioner to com- 
pile the 
reports. 



Penalty for 
neglect to 
comply with 
law. 



C/tap.313 An Act to dissolve certain corporations. 

Be it enacted, etc., as follows: 
Corporations Section 1. Such of tlic followiug named corporations 

as are not already legally dissolved are hereby dissolved. 



Acts, 1912. — Chap. 313. 211 

subject to the provisions of sections fifty-two and fifty-three Corporations 
of chapter four hundred and thirty-seven of the acts of the '''^^°*'""^- 
year nineteen hundred and three: — 

A. E. EUis Building Co. 

A. H. Rice Lumber Company 

A. J. Legg-Baker Company, The 

A. L. Whittemore Company 

A. Lowenstein and Sons (Incorporated) 

A. M. Abels, Inc. 

A. M. Thomas Company 

A. S. Alley Company 

Abbott-Detroit-Boston Company 

Abram French Company 

Ackotist Player Piano Company 

Acme Wet Wash Company 

Adams Trust Company 

Adamson Publishing Company 

Adco, Inc., The 

Aeroplane Company of America 

Agawam Telephone Company 

Alberta Cereal Company 

Alden and Tarbox, Incorporated 

Alhambra Mining Company 

Allen-Guild Amusement Company Inc. 

Allen-Randall Company 

Along The Coast Publishing Co. 

Alstead Mica Company 

Alton Chemical Company 

Amalgam Mining and Milling Company, The 

American Automobile Company 

American Biscuit Company 

American Builders Finish Co. 

American Canadian Publishing Company 

American Canvas Goods Company 

American Citizen Co. 

American Co-operative Association of New England, 

The 
American Fibre Machine Company 
American Fruit and Products Co. 
American Good-Will Co. 
American Handle Company 
American Heel Company 
American Industrial Corporation 



212 Acts, 1912. — Chap. 313. 

JfggPf^ed.""^ American Iron Company 

American Kaolin Putty Corporation 
American National Film Company 
American Rapid Transit Company 
American Shoe and Leather Fair Company 
American Trading Company Inc. 
Anchor Paper Box Company 
Anderson's, Inc. 
Andrew M. Cusack Company 
Angier Company, The 
Annex Cigar Store Co. 
Anti-Germ Drinking Fountain Company 
Apparel Retailer Company 
Arcade Drug Company of New Bedford, The 
Armstrong Lumber Company, The 
Ashburnham Mills 
Ashburnham Reservoir Company 
Ashland Portable Company 
Associated Retail Dealers' Company 
Atlantic Coast Forest Preserve and Improvement Com- 
pany 
Atlantic Confectionery Co. 
Atlantic Investing Company 
Atlas Concrete Construction Company 
Atlas Construction Company 
Atlas Manufacturing Company 
Atwood Mitchell Company, The 
Auerbach & Co., Inc. 
Austin Company, The 

Austin Engineering and Construction Company 
Auto Goods Company 
Auto Supply Credit Company 
Automatic Rapid-Unloading Company 
Automatic Supplies Company 
Automatic Time Table Company 
Avon Lumber Company 
Avon Woolen Mills Company 
Azorean Company 
B. G. Underwood Co., Incorporated 
B. M. Lovell Company 
B. Spinoza & Company, Inc. 
Bache-Hamlin Motor Company 
Back Bay Theatre Company 
Bacon Bros., Inc. 



Acts, 1912. — Chap. 313. 213 

Badger Manufacturing Company, The SS'Sd*""^ 

Bagley Construction Co. 

Ball and Goodrich Company 

Banker and Tradesman Press, Incorporated, The 

Bankers' Investment Company 

Bankers' Loan Company 

Barber Machinery Company 

Barberville Spring Water Company 

Barlow Manufacturing Company 

Barnes Company, The 

Barrell Pneumatic Tire Protector Company 

Barton Georges Creek Coal Company 

Basile Automobile Company 

Bates & Tyndall Incorporated 

Bay State Cornice & Skylight Works 

Bay State Dental Laboratory Company 

Bay State Dredging Company 

Bay State Fishing Company (Organized June 5, 1905) 

Bay State Hame Company 

Bay State Leather Company 

Bay State Supply Company 

Bay State Vineyard Company 

Bay State Whip Company 

Beacon Drug Company, The 

Beacon Foundry Co. 

Beacon Investment and Supply Company, The 

Bedford Manufacturing Company, The 

Benjamin Hobart Company, The 

Benoit Transmitting Power Co., The 

Berkshire Creamery Co-operative Association 

Berkshire Hosiery Company 

Best Baking Company 

Bestosking Packing and Supply Company 

Black-on- White Reproduction Company 

Blackmer Express Company 

Blackstone Valley Lumber Company 

Blake Motor Company 

Blood-Reece Leather Company, The 

Bon Ton Cloak and Suit Manufacturing Co. 

Boston Amusement Company Inc. 

Boston and Haverhill Despatch Company, The 

Boston & New York Hotel & Restaurant Co. 

Boston Bargain House, Inc. 

Boston Brokerage Company 



214 Acts, 1912. — Chap. 313. 

di^aofved.°°^ Boston Carpet Company 

Boston Coal Transfer Co. 

Boston Coin Machines Company 

Boston Cold Storage Company 

Boston Collapsible Couch Company 

Boston Dental Mfg. Co. 

Boston Fish Terminal Inc. 

Boston Gas Engine Company 

Boston Licensed Automobile Dealers Association In- 
corporated 

Boston Motor Truck Association, Incorporated 

Boston Net and Muslin Curtain Company 

Boston Notion House Inc. 

Boston Parlor Frame Company 

Boston School Company 

Boston Silk Petticoat Company 

Boston Specialty Co. 

Boston Telegraph Institute, Inc. 

Boston Toggle Company 

Boston Tool Company 

Boyce and Hatfield Hotel Company 

Boynton Auto Express Co. 

Bridge Company, The 

Bridge Street Drug Company 

Bridges Specialty Company 

Bridgewater Electric Company, The 

Bristol County Furniture Company 

Broadway Investment Company 

Brockton Amusement Company 

Brockton Ideal Shoe Company 

Brockton Rubber Heel Company 

Brockton Trap-Rock Company 

Bromograph Sales Company 

Brosnihan Wrench Company, The 

Brown Folding Umbrella Company 

Brown Stocking Company 

Burton Electric Cloth Treating Co. 

Bushway Ice Cream Company (Organized Nov. 30, 
1908) 

Butler Motor Truck Company of New England 

Buzzards Bay Oyster Company, The 

Byron B. Moulton, Inc. 

C. & L. Manufacturing Company 

C. D. R. Skirt Manufacturing Company 



Acts, 1912. — Chap. 313. 215 

C. G. Flynn Leather Companj^ Corporations 

C. H. Brown Engine Company, The 

C. H. Loveland Company 

C. W. Alger Company, Incorporated 

C. W. Wilcox & Son Company 

Cambridge Amusement Company 

Cambridge Department Store Company 

Cape Ann News Company 

Cape Cod Oyster Company, The 

Carey Shoe Company 

Caribbean Fruit Company 

Carl Seaberg Company 

Carlton Hotel Company 

Carson-Reidy Company 

Castle Square Drug Company 

Castle Square Garage, Inc. 

Caxton Printers, Limited, The 

Central Chemical Company 

Central Drug Company 

Century Monumental Works 

Charles A. Masters Company 

Charles Anderson Company 

Charles F. Going Company 

Charles H. Divoll Company, The 

Chas. S. Champney, Incorporated 

Charles W. Smith Company 

Chase & Baker Company 

Chelsea Amusement Company 

Chelsea Cordage Company 

Chelsea Gas Light Company 

Chelsea Spring Manufacturing Company 

Chester Quarry Company, The 

Choate Drug and Chemical Company, The 

Church Press, Inc., The 

Clapp Tea Company, The 

Clark Bros. Company 

Clark Chemical Company 

Clinton Fruit Company 

Clinton Times Publishing Company 

Cobb Store and Machine Company 

Coburn Auto Sales Company, The 

Cohasset Electric Company 

Collins Pharmacy, Inc. 

Collver Tours Company, The 



216 Acts, 1912. — Chap. 313. 

dZived:^"' Colonial Garage, Inc. 

Colonial Leather Goods Company- 
Colonial Printing and Publishing Company 
Colonial Silver Stores Company 
Colrain Electric Light & Power Company, The 
Columbia Inter-State Express Company 
Columbia Machine and Wood Screw Company 
Combination Envelope Company 
Commercial Motor Vehicle Association of Boston 
Commercial Oxygen Company, The 
Commercial Pioneer Institution (Incorp.) 
Commonwealth Construction and Supply Company 
Commonwealth. Mining Company 
Complete Combustion Utilities (Corp.) 
Compressed Air House Cleaning Company 
Conant, Whiting and Company (Incorporated) 
Concord Publishing Company, The 
Concord School Company 

Confectioners' Machinery and Manufacturing Company 
Conlon Cab and Taxi-Cab Co. 
Connery Transportation Company 
Consolidated Rubber Tire Co., of Boston 
Consolidated Securities Company 
Consumers Co-operative Purchasing Company 
Consumers Electric Company 
Consumers Glue Company 
Converse Laundry Company 
Conway Chair Company, The 
Co-operative Merchants* Cash Stamp Company 
Copley Motor Car Company 
Copley Trust Company 
Corinthian Artificial Stone Company 
Couch & Seeley Co. 
Crawford Machine Company 
Crippen Player Company 
Criterion Amusement Company, The 
Criterion Company 
Criterion Knitting Company 
Crowell-Clark Company 
Crowley and Gold Company 
Crown Motor Vehicle Company 
Cumberland Development Company 
Cumings Theatre, Inc. 
Cummings Manufacturing Company 



Acts, 1912. — Chap. 313. 217 

Cycloidal Engineering Company ^s^v^'°"^ 

D. C. Clark Shoe Company 

D. F. O'Connell Company 

Daley and Wanzer Allerton Express Company 

Daley's Nantasket Express Company 

Dalzell Axle Company 

Davis & Company, Incorporated 

Davis Automobile Sales Company, The 

Dawson's Business College, Inc. 

Deehan Drug Company 

Deerfield River Corporation 

Denison Sales Company 

Derrin Ice Cream Company 

Devonshire Confectionery Company 

Dillon Stable Company 

Dr. Burleigh Corporation, The 

Dr. George W. Swett Company 

Dodge Lubricator Company 

Dodge Plating Works 

Domestic litilities Company 

Dorchester Plastic Roofing Company 

Drayton's Auto Express Company 

Drew Munson Fruit Company 

Duckworth Chain and Manufacturing Company 

Dunbar Boot Shop, Incorporated 

Dunbar Manufacturing Company 

Dunning Manufacturing Company, The 

Dunstable Granite Company 

Duplex Spring Protector Company, The 

Durable Rug Company 

E & L Comb Company 

E. B. Wadsworth Co. 
E. C. Campbell Co. 

E. C. Fisher Corporation 

E. D. Thayer Company 

E. E. Brewster Company 

E. F. Reece Company, The 

E. H. Smith Company 

E. Houston Company 

E. P. Worth Manufacturing Company 

E. P. Worth Shoe Co., The 

E. S. Hulbert & Co. (Incorporated) 

E. S. Hunter Plating Co. 

E. S. Lincoln Inc. 



218 Acts, 1912. — Chap. 313. 

Sved'"''" Eagle Cotton Gin Company 

East Watertown Drug Company, Inc. 

Eastern Chemical and Supply Co. 

Eastern Concrete Construction Company 

Eastern Counter Company 

Eastern Electric Company 

Eastern Excelsior Company 

Eastern Hardware Company 

Eastern Sanitary Products Co. 

Eastern Stone Ware Company 

Eastern Trading Company 

Eastern Wharf and Storage Company 

Easthampton Co-operative Association 

Eaton Building Co. 

Economy Adjustable Reflector Company 

Economy Pure Food Co. 

Edwards and Finkelstein Company 

Eldridge Ice Cream Company 

Electric Diamond Grinder Company, The 

Electric Textile Machinery Company 

Electrical Exposition, Incorporated 

Elk Horn Fibre Company 

Elliott Specialty Company, The 

Empire Sand & Gravel Company 

Enterprise Comb Company 

Enterprise Company of Pittsfield 

Ernest C. Marshall Company 

Eucalyptus Hardwood Timber Company 

Eucathol Company, The 

F. A. Hermann Company 

F. D. C. Manufacturing Company, Inc. 

F. D. Davis Company, The 

F. E. Butterfield Manufacturing Company, The 

F. H. Allis Company 

F. H. Coyne Company, The 

Fairbanks and Boj^nton Company, The 

Fall River Brick and Concrete Company, The 

Fall River Hotel Company 

Farm Products Company of New England, The 

Farr Remedy Company 

Faulkner Pharmacy, Inc. 

Fay Welding and Manufacturing Company 

Federal Automobile & Manufacturing Company 

Federal Securities Company 



Acts, 1912. — Chap. 313. 



219 



Federal Vending Company d°sKd"" 

Federation Bulletin Publishing Company 

Feiner Charcoal and Coal Company 

Ferguson-Blakeley Company 

Ferncroft Cabin Company 

Field & Company (Incorporated) 

Fitchburg Trust Company 

Flax Pond Fishing Company in Dennis 

Fobes Hayward & Co. (Incorporated) 

Forbush Penmanship System 

Foster- Williams Shoe Co., The 

Francis Dike, Inc. 

Francis Jewelry Company 

Francis Spring Co., Inc. 

Franco-American Economic Association 

Frank J. McPeake Company 

Frank L. Rouse Co., Inc. 

Franklin Amusement Company 

Franklin Power Company 

Fred A. Day Corporation 

Freeman Clothing Company 

Friedman Confectionery Company, The 

Fuller & Lewis, Incorporated 

Furniture Alliance, Inc., The 

G. L. Freeman Company 

Gain Robinson Lumber Company 

Gallagher and Munro Company 

Gardner Finnish Co-operative Company 

Gazetteer Publishing Company, The 

Geer's Chemical Company, The 

Gem Leather Company 

Gem Refreshment Co. 

General Trap and Weir Company 

George and Barry Leather Company 

Geo. B. Doane & Son Company 

George E. Feast Co. 

George E. Martin Produce Company 

Geo. G. Snow Company 

George G. Veness Manufacturing Co. incorporated 

George J. Dunham Company 

Gilmanton Lumber Company 

Gilmore & Weniger Company 

Globe Credit Company 

Gloucester Dairy Company 



220 . Acts, 1912. — Chap. 313. 

d^Kd""^ Gloucester Manufacturing Company 

Goodnow-Edmonds Company 
Grafton Press, Incorporated, The 
Graham, Moore Company 
Greater Boston Cigar Company 
Greylock Co-operative Creamery Association 
Grit Shoe Company, The 
Grocers Co-operative Cranberry Company 
Grodberg-Hirsch Pants Manufacturing Company 
Grossman Leather Company 
Guaranty Investment Company 
Guiana Rubber Company of America 
Gussman and Company (Inc.) 
Guy Hobbs Amusement Company, The 
H. E. Allen Co. 
H. E. Fiske Seed Company 
H. F. Curtis Company 
H. F. Hall Company 
H. H. Newcomb Company 
H. L. Tannenholz Company 
H. L. Tuttle Clothing Company 
Hale's Express Company 
Hall & Company, Inc. 
Hammond Clothing Company 
Hampden Distributing Company 
Hanson Grain and Coal Company 
Happy Moments Co. 
Harlow Lunch Company 
Harper Fish Company 
Harriman New Method Laundering and Cleansing 

Company, The 
Harrington and Company Limited 
Harrison Drug Co. 
Harvard Baking Powder Company 
Harvey Hospital (Incorporated) 
Haviland Company, The 
Hawthorne Pharmacy, The 
Health Shoe Tree Company 
Heath Engineering Company 
Henry P. Wilson Company 
Herbert L. Stearns Company 
Herbert Manufacturing Company 
Herman Motor Car Co. 
Higyene Company 



Acts, 1912. — Chap. 313. . 221 

Hillcrest Water Company dSaofved"""^ 

Hillside Corporation 
Hingham Seam Face Granite Company 
Hirshe and Richenburg Co. 
Holland Company 

Holyoke City Market and Grocery Company 
Holyoke Warp Company 
Hotel & Restaurant Holding Company 
Howe and Fletcher, Inc. 
Hub Automobile & Renting Company 
Hub Curtain Company 
Hudson Lithuanian Corporation, The 
Human I>ife Publishing Company 
Hyde Park General Hospital, Inc. 
Hygienic Supply Company 
I. B. Case Drug Company 
I. L. Corthell Company 
Ideal Silk Store Incorporated 
Imperial Laundry IMachinery Company 
Imperial Theatre Company 
Impervoline Oil Products Company 
Independent Auto Supply Co. 
Industrial Comb Company 
International Bedding Company 
International Electric Company 
International Oil Company 
International Pneumatic Service Company 
International Remedy Company 
International Securities Company 
Interstate Amusement Company 
Interstate Shoe Cleaning Machine Company 
Italian Cooperative Association of Beverly Incorpo- 
rated 
Italian Importing Company Incorporated 
Italo-American Construction Company 
J. C. Parsons Company 
J. D. Putnam Son Company 
J. F. Elkins Co. 
J. H. Young Company 
J. J. Reagan Company 
J. L. Bradley Company 
J. L. Temple Co. 
J. Lerner Company Incorporated 
J. M. Chandler Co. 



222 . Acts, 1912. — Chap. 313. 

dbsCived""' J. Rush Green Company 

J. W. Jordan Company 
J. W. Luther Company 
J. W. Spence Company, The 
J. W. Tuttle & Sons Co. 
Jackson Wire Company 
Jamaica Amusement Company, The 
James F. Buckley of Woonsocket Rhode Island Incor- 
porated 
Jamesville Construction Company 
Jeremiah Clark Machinery Company 
Jersey Fabric Company 
John C. Frohn Company 
John F. Gill Company 
John J. Walsh Company, The 
John L. Whiting and Son Company 
John P. Keefe Leather Company of Salem, Mass. 
John T. Lodge & Co., Inc. 
John W. Watters Company 
Jordan Drug Company, The 
Joseph G. Fadden Company 
Josiah Grossman Company 
Keck Ma nufacturing Company 
Kenerson Stamping and Tool Mfg. Company 
Kenneth Motor Company 
Kent Manufacturing Company 
Kenubestos Valve Company 
Kepp Manufacturing Company 
Kidder C. Ames Blacking Company, Inc. 
King of All Stropper Co. 
Kinsley Iron and Machine Company 
Knowlton Packing Company (1905) 
Kosmos Oil Company 
Kress Brothers Carriage Company 
L. B. Gardner Company 
L. D. Wass Company 
L. L. P. Confectionery Company 
L. M, Bowes Company, The 
L. T. Barney Co. (inc.) 
Lakeside Manufacturing Company 
Laminated Manufacturing Company 
Langham Pharmacy, The 
Larsson Whip Company 
Laundry Specialty Company, The 



Acts, 1912. — Chap. 313. 223 

Lawlor Sporting Goods Manufacturing Company cwporations 

Lawrence Automatic Telephone Company 

Lawrence Base Bail Association (1884) 

Lawrence Independent Telephone Company 

Leominster Fine Tool and Machine Works, Inc., 
The 

Lester R. Moulton Company 

Lever Cream Separator Company 

Lexington Peat Company 

liithuanian and Polish Grocery and Provision Com- 
pany ^ 

Lithuanian Co-operative Association of Brighton, Mas- 
sachusetts 

London Cloak Company 

London Studios Incorporated, The 

Lord-Travis Company, Incorporated 

Louisburg Company 

Louver Ventilator Company 

Lowell and Fitchburg Electric Company 

Lowell Hat Company 

Lowell Storage Warehouse Company 

Lucky Spud Company 

Lynn Paste Manufacturing Company 

Lynn Rubber Company 

M. A. Power Co., The 

M. E. Shattuck Cigar and Tobacco Company, The 

MacLean Bros. Company 

Mack Amusement Company 

Mack and O'Connell Co. 

INIadame Cairns Inc. 

Manning and Armstrong Company 

Manufacturers' Sales Company 

Marble Quality Manufacturing Company 

Marlborough Shoe Company 

Marshall Worsted Co. 

Marysville Wool Scouring Company 

Massachusetts Aktzia Incorporated 

Massachusetts and Rhode Island Despatch Express 
Company, The 

Massachusetts Apple Orchards Company 

Massachusetts Associates, Inc. 

Massachusetts Automobile Company 

Massachusetts Bond Guarantee Corporation, The 

Mass. Caloric Bath Co. 



224 Acts, 1912. — Chap. 313. 

&ve?°' Massachusetts Concrete Company 

Massachusetts Construction Company 
Massachusetts Correspondence Schools 
Massachusetts General Business Company 
Massachusetts Junk Collectors Corporation 
Massachusetts Loan & Security Company 
Massachusetts-Ohio Oil and Gas Company 
Massachusetts Sales Company 
Massachusetts Textile Manufacturing Company 
Massachusetts Theatre Company 
Massachusetts Trading Company 
Massachusetts Vending Co. 
Massasoit Whip Company 
Matanzas Bay Company 
Matheson Company of Boston 
Maurice J. Borofsky Company 
McPherson Bros. Co. 
Mechanics Loan And Trust (Inc.) 
Mechanics Loan Co. 
Mediterranean Yachting Club, The 
Melcher Company 

Men of Mark in Massachusetts Company 
Mercantile Discount Company 
Merchants Dye Works 
Merchants League Licorporated 
Merchants Protective Association 
Merrimac Amusement Company 
Merrimac Valley Steamboat Company 
Merritt Black Granite Company 
Metropolitan Collections Company 
Middle Creek Canon Coal Leasing Company 
Middlesex Leather Company 

Middlesex North Pomona Grange Co-operative Asso- 
ciation 
Middlesex Real Estate Association of Cambridge 
Middlesex Traders Ice Company, The 
Milliken and Robie Incorporated 
Mitchell & Harding Lumber Co. 
Mitchell Coke Company 
Modern Dress and Waist Company 
Monarch Hammock Company 
Morningside Company (Inc.), The 
Motor Car Renting Company 
Motorcycle Specialty Company 



Acts, 1912. — Chap. 313. 225 

Mount Washington Spring Company Corporations 

MuUiken Oil Co. 

Murch & Loomis Company 

Music Hall Amusement Company 

Mutual Shoe Company, The 

Nahant Amusement Company 

Nashua River Paper Company (1894) 

Natick Citizen Printing Company, The 

National Art Academy Inc. 

National Aviation and Construction Company 

National Butchers' Tool Supply Company 

National Cash Trading System Co. 

National Chemical & Supply Co. 

National Electric Equipment Company 

National Envelope Sealing and Stamping Manufactur- 
ing Company 

National Eeather Dyeing and Cleansing Company 

National Motion Picture Manufacturing Company, 
The 

National Motor Car Company of Boston 

National Self- Warning Eire Alarm Co., The 

National Textile Exposition, Inc. 

National Theatre Corporation 

National Ventilating Company, The 

Naumkeag Warehouse Company 

Neponset River Coal Company 

New Bedford Polo Association 

New Bedford Waste Company, Inc. 

New England Amusement Company, The 

New England Automatic Shoe-Shining Company 

New England Barrel Machine Mfg. Co. 

New England Collateral Loan Company 

New England Delivery Co. 

New England P'urnace Company, The 

New England Motor Truck Co, 

New England Patent Stage Company 

New England Shoe Manufacturing Company 

New England Society, Inc., The 

New England Trade Development Company, The 

New England Trading Company, The 

New England Underwriters Incorporated 

New Hampshire Rawhide Pulp Board Box Co. 

New System Motor Company 

New York Leather Company 



226 Acts, 1912. — Chap. 313. 

dWved""" Newton Kindergarten 

Nichols-Hill Co. Inc. 
Nickerson Manufacturing Company, The 
Nicolet Optical Company 
Norfolk and Bristol Gas and Electric Company 
North Shore Automobile Company 
North Shore Leather Company 
North Shore Transit Company 
Northampton Tobacco Co. 

Northern Massachusetts Street Railway Company 
Noyes & Dewar Company 
Oak Grove Farm Creamery Company 
O'Brien Company 
Old Colony Construction Company 
Olds-Oakland Company of New England 
Olympic Art Society 
ON^eil Auto Garage Company 
Onesimus Medical Company 
Orient Distributing Co., Ltd. 
Osgood Novelty Company 
Overland Express Company, The 
P. J. Ferguson Company, (Inc.) 
Pacific Metal and Rubber Company 
Paddon INIotor Company 
Pan-American Exporting and Importing Company, 

The 
Parisian Jewelry Company 
Parker & Jacobs Incorporated 
Parker-Durant Co. 
Parker J. Webber Company 
Parker-Turco Company, The 
Pastime Theatre Co. of Lawrence Inc. 
Patent Stopple Manufacturing Company 
Pawtucket Granolithic Construction Co. 
Payson and Company Incorporated 
Peacock Company, The 
Peck and Whipple Company 
Pelley Toilet Tissue Company 
Pen and Pencil Magazine Company, The 
People's Coal and Wood Co. 
People's Co-operative Society 
People's Co-operative Store, The 
Pepsi nade Company, The 
Perfect Hat Frame Machine Company 



Acts, 1912. — Chap. 313. 227 

Perkins Manufacturing Company Sfved!^"^ 

Pernin School of Business Inc., The 

Petersburg Leather Company of Boston 

Philbrick and Webster Inc. 

Pine Grove Mineral Spring Company, The 

Pittsfield Aero Company 

Pittsfield Soap Company 

Plymouth Cement Stone Co. 

Plymouth County Publishing Company 

Pneumatic Life Saving Jacket Company 

Polar Brand Waist Company 

Polish Co-operative Market Inc. 

Polish Co-operative Store (Inc.), The 

Polonia Baking Co. 

Porter-Hildreth Company, The 

Porter Manufacturing & Cement Company 

Porter Whidden Company, The 

Powers Lunch Company 

Pratt-Reid Shoe Company 

Premier Comb Company 

Premier Leather Company 

Priscilla Woolen Company 

Prospect Farm, Incorporated 

Providence Parcel Post Corporation 

Prudential Supply Company 

Puddington IVIanufacturing Company 

Piu-itan Dental Co., The 

Puritan Farm Products Company 

Puritan Stain and Blacking Company 

Queen Theatre Company 

Quincy Adams Quarry Company 

Quincy Hack and Stable Company 

Quinsigamond Electric Power and Light Company 

R. E. Willard & Son, Incorporated 

R. Farland & Sohs Company 

Ralph F. Russell Company 

Randolph Baseball Association Inc. 

Ravenel Company, The (Organized Apr. 27, 1911) 

Redding Automatic Time Switch Company 

Regal Tvlotor Company 

Reliable Auto Company 

Reliance Motor Bus Company 

Reliance Motor Truck Company of Massachusetts 

Relindo Cushion Shoe Company 



228 Acts, 1912. — Chap. 313. 

Sved""' Remington Company, The 

Rice Kendall Company, The 
Richard Bros, and Company, Inc. 
Richardson Provision Company 
Richmond Iron Company, The 
Richmond Lake Ice Company 
Riverdale Woolen Company, The 
Riverside Japannery (Inc.), The 
Robart-Carleton Co. 
Robert R. Herriman Company, Inc. 
Robert S. Jones Company 
Rochester Hotel Company, The 
Rock Ridge Farm Co. 
Rocky Hill Crystal Spring Water Company 
Roxbury Storage Salesrooms Incorporated 
Royal Manufacturing Company 
Ruggles Motor Company 
Russell Mines Inc. 
Ryder-Roberts Company, The 
S. C. Talbot Corporation 
S. D. Viets Company 
S. G. Hall Manufacturing Company 
S. Stayman Company 
Safety Door Check Company 

Salem, Beverly and Danvers Tow Boat Company, The 
Salem Shoe Manufacturing Company 
Salem Stone Tool Company 
Salisbury Beach Corporation 
Samano American Company, The 
Samson Draught Spring Company 
Samuel M. Green, Incorporated 
Sando Engineering Company 
Sanford Whip Company 
Sanitary Plumbing Co., The 
Savin Drug Company, The 
Sawyer, Regan Company 
Schmalz Publication Company 
Scott Manufacturing Company 
Sears and Chapin Mining Company 
Seeton Studio, Inc., The 
Selden Motor Car Company of Massachusetts 
Shaffer Sales Company, The 
Sheepskin Company 
Shelburne Falls Electric Light & Power Company 



Acts, 1912. — Chap. 313. 229 

Shoe Buyer's Information Bureau dK-ed*""^ 

Shofit Mirror Company, The 

Shredded Fibre Company 

Sidney Drew Company, Incorporated 

Sippewissett Hotel Company 

Sisters Rosemary, Inc. 

Sixth Oakland Syndicate, Incorporated 

Smith and McNault Company 

Smith Paper Company 

South Shore Steamship Company 

Southern Holding Company, The 

Southern Illinois Coal Company 

Southern Massachusetts Merchants Secret Service 

Agenc}^ The 
Southgate Woolen Company 
Sovereign Incandescent Light Company, The 
Sparks Stain and Blacking Company, The 
Specialty Distributing Company, The 
Sprague and Breed Coal Company 
Sprague Manufacturing Company 
Springer Sanitarium Company, The 
Springfield Brazing Company 
Springfield Building Company 
Springfield City jNIarket Company 
Springfield Hat and Cap Co., The 
Springfield Hotel Corporation 
Springfield Mica Company 
Springfield Portable House Company 
Springfield Storage Warehouse Company 
Springfield Theatre Company 
Springfield Theatrical Stage Hardware Company 
Sproule Amusement Company, The 
Standard Traction Tread Company 
Star Laundry Co. 

Sterling Fruit Products Company, The 
Stevens-Sowers Motor Car Company 
Stilson Motor Car Company 
Stirk Manufacturing Company 
Stockwell Brothers' Company 
Stoughton Auto Express Company 
Stoughton Lithuanian Co-operative Association, The 
Stoughton Record Co. 
Suburban Auto Supply Company 
Suburban Club House Corporation 



230 Acts, 1912. — Chap. 313. 

dSved°°' Suffolk Silk Company 

Suomi Granite Company 
Swanson, Toombs & Sumner Company 
Sylvia Steamboat Co., The 
Synthetic Company, The 
T. Berman Co. 

T. M. Smith & Co., Incorporated 
Taconic Manufacturing Company 
Talbot-Humphrey Company, The 
Tappey-Kraus Calfskin Company 
Taunton Taxicab Company 
Tavella Shuttleless Loom Company 
Taxa Cab Company of Cambridge 
Taylor Motor Sales Company 
Thomas J. Gavin Company 
Thomas J. Young Company 
Thos. W. Spencer Company 
Thompson Lug Strap Company, The 
Tower Engineering Company, The 
Trade & Home Protection Company 
Traders Wharf and Warehouse Company 
Tribune Publishing Company 
Tropical Shipping and Trading Company 
Truscott Boat Manufacturing Company of Massa- 
chusetts 
Tucker and Cook Manufacturing Company 
Tudor Farm Motor Car Club 
Turner Last Manufacturing Company, The 
Twin Polish Company 
Tyler-Collett Company, Inc., The 
U. S. Automatic Lighting Company 
Ungvarsky Fur Company 
Union Auto Transportation Company 
Union Biscuit Company 
Union Brick and Machine Company 
Union Portsmouth Express Company 
Union Shoe Company 
LTnion Skewer Company 
Unique Shoe Manufacturing Company 
United Food Products Company 
ITnited Outfitters Company 
United Slipper Manufacturing Company 
LTnited States Airomotor Company 
United States Optical Company 



Acts, 1912. — Chap. 313. 231 

Universal Blade Stropper Co. dSved!"'^ 

University Schools of Correspondence 

V. H. Moody Shoe Company 

Valley Falls Iron Foundry, Inc. 

Verescar Paint Company 

Vermont Lime Company, The 

Vigosan Medicine Company, The 

Vinemont Company, The 

Vinevard Haven Electric Light and Power Company, 

The 
Virginia Timber Co. 
Vortex Vacuum Company, The 
W. D. Brackett Company 
W. E. Chipman Company 
W. G. Hall Fur Company 
W. H. Hayes Company 
W. J. Paiile Co. 
W. J. Riley Company 
W. R. Cox Co. 

Waite-Robbins Motor Companj'' 
Waldorf Company, The 
Wales Manufacturing Company, The 
Walker Drug Company 
Walker-Rintels Company, The 
Waltham Artificial Stone Company, The 
Waltham Gas Light Company 
Warren Automobile Company 
Warren P. Tobey Co. 
Washington Lunch Incorporated 
Washington Transportation Company 
Washington Trust Company of Boston 
Water Power Development Company 
Waterhouse Company, The 
Waterproof Fiber Company 
Waterproof Linen Co. 
Waverley Drug Company 
Weather-Leather Company, The 
Weldon Leather Company 
Wellesley Auto Transit Company 
Wentworth, Good and Alger Company, The 
West Lynn Lumber Company 
West Lynn Shoe Manufacturing Company 
West Newbury Co-operative Creamery Companj^ The 
Westfield River Lumber Company 



232 



Acts, 1912. — Chap. 313. 



Corporations 
dissolved. 



Wheeler and Shaw, Incorporated 

Wheelock Fence Co. 

Wheelock Rust-Proof Fence Co. 

Whiben Sales and Advertising Company 

White Eagle Bottling Company 

White Star Laundry Company, The 

Whitman Board of Trade Corporation 

Whitman Pharmacal Company 

Whitney Jewelry Company, The 

Wilder P. Clark Company 

William B. Hale Cigar Company, The 

William H. Franklin Brass Foundry Company 

William Morris Incorporated 

Winnisimmet Amusement Company, The 

Winthrop Building Association (Incorporated) 

Witherell Fish Company, The 

Wold Machine Company 

Woods-Allis Company 

Worcester Blacking Company 

Worcester Hebrew Co-operative Market Co. 

Worcester Leather and Heel Manufacturing Company, 

The 
Worcester Railway Supply Co. 
Worcester Stonebrick and Tile Company, The 
World Glass Company 
Worthington Transportation Company 
Worthy Paper Company 
Wright Company 25 Cent Stores Inc., The 
Wyoming Land & Live Stock Company 



Pending suits 
not affected. 



Suits upon 
choses in 
action. 



Section 2. Nothing in this act shall be construed to 
affect any suit now pending by or against any corporation 
mentioned in the first section hereof, nor any suit now pending 
or hereafter brought for any liability now existing against the 
stockholders or officers of any such corporation, nor to revive 
any charter previously annulled or corporation previously 
dissolved, nor to make valid any defective organization of 
any of the supposed corporations mentioned in said first 
section. 

Section 3. Suits upon choses in actions arising out of 
contracts sold or assigned by any corporation dissolved by 
this act may be brought or prosecuted in the name of the 
purchaser or assignee. The fact of sale or assignment and 
of purchase by the plaintiff shall be set forth in the writ or 



Acts, 1912. — Chap. 314. 233 

other process; and the defendant may avail himself of any 
matter of defense of which he might have availed himself 
in a suit upon the claim by such corporation, had it not been 
dissolved by this act. 

Section 4. This act shall take effect upon its passage. 

Approved March 25, 1912. 



An Act relati\^e to primary elections in the city of (Jjidj) gj^ 

MALDEN. 

Be it enacted, etc., as follows: 

Section 1. This act shall apply only to the city of J^° Pj:?^|f;y 
Maiden. There shall not be printed on the official ballots tjfe^cfty'j" 
to be used at any annual or special city election in the said Maiden. 
city the name of any person as a candidate for mayor, alder- 
man, common councilman or member of the school com- 
mittee unless such person be nominated as such candidate 
at a city primary election to be held as provided in this act. 
There shall not be printed on the official ballots to be used 
at a city primary election the name of any person as a candi- 
date unless such person shall have filed, within the time 
limited by section four of this act, the statement of the 
candidate and the petition accompanying the statement 
described in that section. 

Section 2. On the third Tuesday preceding every ^"{"^'■y *° 
annual or special city election at which a mayor, or any mem- the nomina- 
ber of the school committee or of either branch of the city dates'! etc!" '" 
council is to be elected, there shall be held a city primary 
election for the purpose of nominating candidates for such 
offices as are to be filled at such annual or special city election. 
No special election for the election of mayor, or of an alder- 
man or common councilman, shall be held until after the 
expiration of forty days from the calling of the special city 
primary election, which is to be held on the third Tuesday 
preceding such special election. At every city primary 
election the polls shall be opened at twelve o'clock in the 
forenoon and shall be kept open until nine o'clock in the 
evening and, except as is otherwise provided in this act, 
every such city primary election shall be called by the same 
officers and held in the same manner as an annual city election, 
and polling places shall be designated, provided and fur- 
nished, official ballots, special ballots, ballot boxes, voting 
lists, specimen ballots, blank forms, apparatus and supplies 



234 



Acts, 1912. — Chap. 314. 



Provisions of 
law relating 
to elections 
to apply. 



Persons who 
may have 
their names 
printed on 
ballot. 



shall be provided for every such city primary election of 
the same mimber and kind, and in the same manner, and 
by the same officials as at an annual city election, and the 
same election officers shall officiate as at an annual city 
election. 

Section 3. The provisions of law relating to election 
officers, voting places for elections, election apparatus and 
blanks, calling and conduct of elections, manner of voting 
at elections, counting and recounting of votes at elections, 
corrupt practices and penalties, shall apply to the said city 
primary elections, except as otherwise provided in this act. 

Section 4. Any person who is qualified to vote for a 
candidate for mayor, alderman, common councilman or 
member of the school committee, and who is a candidate for 
nomination for any of those offices may have his name, 
as such candidate printed on the official ballots to be used 
at a city primary election provided that he shall, at least 
ten days prior to such city primary election, file with the 
city clerk a statement in writing of his candidacy in sub- 
stantially the following form : — 



Statement of 
candidate. 



STATEMENT OF CANDIDATE. 

I, ( )j on oath declare that I reside at 

(number, if any) on (name of street), in the city of Mai- 
den, that I am a voter therein qualified to vote for a can- 
didate for the hereinafter mentioned office; that I am a 
candidate for nomination for the office of (msLyor, alder- 
man, common councilman or member of the school committee) 
for (state the term), to be voted for at the city primary 
election to be held on Tuesday, the day 

of , 19 > and I request that my name be printed 

as such candidate on the ofiicial ballots to be used at said 
city primary election. 
(Signed) 



COMMONWEALTH OF MASSACHUSETTS. 

Middlesex, ss. 
Subscribed and sworn to on this day of 

19 , before me. 

(Signed) 

Justice of the Peace. 
(Or Notary Public.) 



Acts, 1912. — Chap. 314. 235 

Every such candidate shall at the same time file with such 
statement the petition of at least twenty-five voters of the 
city qualified to vote for a candidate for the said office. The 
petition shall be in substantially the following form: — 

PETITION ACCOMPANYING STATEMENT OF CANDIDATE. 

Whereas (name of candidate) is a candidate for nomi- Petition to 
nation for the office of (mayor, alderman, common council- sta°emen't^ 
man or member of the school committee) for (state the 
term), we, the undersigned voters of the city of Maiden, 
duly qualified to vote for a candidate for the said office, do 
hereby request that the name of said (name of candidate), 
as a candidate for nomination for said office, be printed on the 
official ballots to be used at the city primary election to be 
held on the Tuesday of , 19 . We 

further state that we believe him to be of good moral character 
and qualified to perform the duties of the office. 



Name of Voter. 



Street number, 
if any. 



street. 



No acceptance by a candidate for nomination named in Acceptance 
the petition shall be necessary for its validity or for its filing, ^ ^ 
and the petition need not be sworn to. 

Section 5. Women who are qualified to vote for mem- For whom 
bers of the school committee may be candidates for nom- vote. 
ination for that office at any city primary election at which 
any candidate for nomination for that office is to be voted 
for, and, at such city primary election, may vote for can- 
didates for nomination for that office, but for candidates for 
no other office. Women who are candidates for members 
of the school committee shall file the statement of a candidate, 
and the petition accompanying the statement, hereinbefore 
required to be filed by male candidates for nominations for 
that office. 

Section 6. On the first day, not being Sunday or a Listofcandi- 
legal holiday, following the expiration of the time for filing pubUs*i°ed.'' 
the above described statements and petitions, the city clerk 
shall cause to be published in one or more newspapers pub- 
lished in the city the names and residences of the candidates 



236 



Acts, 1912. — Chap. 314. 



for nomination who have duly filed the above mentioned 
statements and petitions, and the offices and terms for which 
they are candidates for nomination, as they are to appear 
on the official ballots to be used at the city primary election. 
The city clerk shall thereupon prepare the ballots to be 
used at the city primary election and shall cause them to 
be printed, and the ballots so prepared shall be the official 
ballots, and the only ballots, used at such city primary 
election. They shall be headed as follows : — 



Official pri- 
mary ballot. 



Names to be 
printed on 
ballot. 



OFFICIAL PRIMARY BALLOT. 

Candidates for Nomination for Mayor, Alderman, Common 
Councilman and School Committee of the City of Maiden. 
At a City Primary Election held on the day of 

, in the year nineteen hundred and 

(The heading shall be varied in accordance with the 
offices for which nominations are to be made.) 

Section 7. The name of each person who has filed a 
statement and accompanying petition as aforesaid, and 
his residence and the title and term of the office for which 
he is a candidate for nomination shall be printed on said 
ballots, and the names of no other candidates shall be printed 
thereon. Blank spaces shall be left at the end of each list of 
candidates for nomination for the different offices, equal 
to the number to be nominated therefor, in which the voter 
may insert the name of any person not printed on the ballot 
for whom he desires to vote for nomination for such office. 
There shall be printed on said ballot such directions as will 
aid the voter; for example, "vote for one", "vote for two", 
and the like. Special ballots, headed : — 



Official pri- 
mary ballot for 
women voters. 



official PRIMARY BALLOT. 

Candidates for Nomination for Members of School Com- 
mittee of the City of Maiden. At a City Primary Election 
held on the day of , in the year nine- 

teen hundred and and containing the 

names and residences of the same candidates for nomination 
for member of the school committee as are on the regular 
official ballots furnished for such city primary election, and 
the title and term of that office shall be prepared in like 
manner and printed for the use of women qualified to vote 
for members of the school committee. 



Acts, 1912. — Chap. 314. 237 

Section 8. No ballot used at any annual or special city No party 
election or at any city primary election shall have printed or nwlTo be 
thereon any party or political designation or mark, and there banot!* °^ 
shall not be appended to the name of any candidate any 
such party or political designation or mark, or anything show- 
ing how he was nominated, or indicating his views or opinions. 

Section 9. Voters qualified to vote at city elections Qualifications 
shall be qualified to vote at the city primary elections. 

Section 10. The election officers shall immediately. Return of 
upon the closing of the polls at city primary elections, count tion. 
the ballots and ascertain the number of votes cast in the 
voting places where they officiate, for each person for nom- 
ination for each office, and shall make return thereof to the 
city clerk forthwith upon blanks to be furnished as in city 
elections. 

Section 11. On the first day, not being Sunday or a Canvass of 
legal holiday, following the city primary election, the city 
clerk shall canvass the returns so received from the election 
officers, and shall forthwith publish the result of the canvass 
in one or more newspapers published in said city. 

Section 12. The two persons receiving at a city primary Persons receiv- 
election the highest number of votes for nomination for an nifmbfrS*^ 
office shall be the candidates, and the only candidates, for mades\o be 
that office whose names shall be printed on the official ballots efe^tion^Ttc.*^ 
to be used at the annual or special city election for the making 
of nominations for which such city primary election was 
held; and if two or more persons are to be elected to the 
same office at such annual or special city election, the several 
persons, to a number equal to twice the number so to be 
elected, receiving at such city primary election the highest 
number of votes for nomination for that office, or all such 
persons, if less than twice tlie number of those so to be elected, 
shall be the candidates, and the only candidates for that 
office whose names shall be printed on the official ballots 
to be used at the annual or special city election. 

Section 13. No acceptance of a nomination made at Acceptance 
a city primary election shall be necessary for its validity. 

Section 14. At city elections, other than the above Persons re- 
described city primary elections, the person receiving the wghesl^ n^um- 
highest number of votes for an office shall be deemed and af eiectbM to 
declared elected to that office; and if two or more persons be declared 
are to be elected to the same office, the several persons, to 
the number to be chosen to the office, receiving the highest 
number of votes shall be deemed and declared to be elected; 



238 



Acts, 1912. — Chap. 315. 



Provisions of 
law wliich 
apply. 



Repeal, etc. 



Act to be sub- 
mitted to 
voters for 
acceptance. 



Time of 
taking effect. 



but persons receiving the same number of votes shall not be 
deemed to be elected if thereby a greater number would 
be elected than are by law to be chosen. On ballots to be 
used at annual or special city elections blank spaces shall be 
left at the end of each list of candidates for the different 
offices, equal to the number to be elected thereto, in which 
the voter may insert the name of any person not printed on 
the ballot for whom he desires to vote for such office. 

Section 15. Except as is otherwise provided in this act, 
the laws of the commonwealth governing annual city elec- 
tions, special elections of city officers and special elections 
in cities shall, so far as they may be applicable, govern such 
elections in the said city. 

Section 16. All acts and parts of acts inconsistent here- 
with, affecting only the city of Maiden, are hereby repealed, 
and no acts or parts of acts inconsistent herewith shall here- 
after apply to the said city. 

Section 17. This act shall be submitted to the voters 
of the city of Maiden at the annual state election held in 
November, nineteen hundred and twelve, and the form of 
the question to be placed upon the ballot shall be as fol- 
lows : — " Shall chapter of the acts of the 
year nineteen hundred and twelve, being 'An Act relative 
to primary elections in the city of Maiden', be accepted?" 
and if a majority of the voters voting thereon shall vote 
in the affirmative this act shall take effect. 

Section 18. So much of this act as authorizes its sub- 
mission to the voters of the said city shall take effect upon 
its passage, but it shall not take further effect until ac- 
cepted by the voters of the city as herein provided. 

Approved March 25, 1912. 



Chap. 315 An Act relative to the payment for clerical assistance 
in the office of the clerk of the central district 

COURT OF northern ESSEX. 

Be it enacted, etc., as follows: 

Section sixty-seven of chapter one hundred and sixty of 
the Revised Laws is hereby amended by striking out the 
word "four ', in the one hundred and seventy-sixth line, and 
inserting in place thereof the word : — six, — so that said 
one hundred and seventy-sixth line will read as follows : — 
Central, of northern Essex, not more than six hundred dol- 
lars. Approved March 26, 1912. 



Clerical 
assistance. 



Acts, 1912. — Chaps. 316, 317. 239 



An Act to authorize the city of fitciiburg to incur (jjid^f 316 

INDEBTEDNESS FOR THE PURPOSE OF MEETING CERTAIN 
OBLIGATIONS IN CONNECTION WITH THE STATE NORMAL 
SCHOOL IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Fitchburg, for the purpose of pjjchb^rg^ 
paying to the commonwealth the sum of five thousand dol- ™one'^°[o°^g(,t 
lars toward the purchase of land for playground, school expenses at 

, 1-11 j> ^ 111 the FitchlnirK 

garden and agricultural purposes tor the state normal school normal school. 
at J'itchburg, is hereby authorized to borrow a sum not 
exceeding five thousand dollars and to issue notes or bonds 
therefor payable in periods not exceeding ten years from the 
dates of issue. Such notes or bonds shall be signed by the 
city treasurer and countersigned by the mayor, shall bear 
interest payable semi-annually, at a rate not exceeding four 
per cent per annum, and shall be sold or disposed of in such 
manner and on such terms as the treasurer and mayor may 
determine. At the time of issuing such notes or bonds the 
city shall provide for the payment thereof in such annual 
payments as will extinguish the same within the time pre- 
scribed in this act. When a vote of the city council to that 
effect has been passed, the amount required shall be raised 
annually by taxation in the same manner in which other 
taxes are assessed, and without any further action of the city. 
Section 2. This act shall take effect upon its passage. 

Approved March 25, 1012. 

An Act to authorize reports of cases to the supreme Chav. 317 
judicial court by a justice other than the one pre- 
siding at the trial. 

Be it enacted, etc., as folloivs: 

Section 1. Section one hundred and eight of chapter r. l., 173, § los, 
one hundred and seventy-three of the Revised Laws is hereby ^""^^ 
amended by adding at the end thereof the words : — If the 
justice who presides at a trial has reserved a case for report 
to the supreme judicial court, or to the full court, and fails, 
by reason of physical or mental disability, death or resigna- 
tion, to make such report, any other justice of the same court 
may examine and report the same, — so as to read as fol- 
lows: —Section 108. If the justice who presides at a trial Exceptions. 
at which exceptions have been taken fails, by reason of 



240 Acts, 1912. — Chaps. 318, 319. 

physical or mental disability, death or resignation, to sign 
or return them, any other justice of the same court may 
examine and allow or disallow them. If the justice who pre- 
sides at a trial has reserved a case for report to the supreme 
judicial court, or to the full court, and fails, by reason of 
physical or mental disability, death or resignation, to make 
such report, any other justice of the same court may examine 
and report the same. 

to'pendmg Section 2. This act shall apply to actions now pending. 

^*''^ona. Section 3. This act shall take effect upon its passage. 

A^l^roved March 25, 1912. 



Chap. SIS An Act relative to safeguarding machinery and ele- 
vators. 

Be it enacted, etc., as follows: 

imended ^ ^*' Scction niucty-four of chapter five hundred and fourteen 
of the acts of the year nineteen hundred and nine is hereby 
amended by striking out the said section and substituting 
Safeguarding the followiug: — ScctioTi 9 If.. The belting, shafting, gear- 
machinery. j^^^ drums, clcvators and all machinery having movable 
parts in all factories, mechanical establishments, workshops 
and mercantile establishments, if so placed as, in the opinion 
of an inspector of factories and public buildings, to be dan- 
gerous to employees therein while engaged in their ordinary 
duties, shall be, so far as is practicable, securely guarded. 
No machinery except steam engines in a factory, mechanical 
establishment, workshop, or mercantile establishment shall 
be cleaned while running if objection in writing is made by 
one of said inspectors. All factories, mechanical estabUsh- 
ments, workshops and mercantile establishments shall be 
well lighted and well ventilated, and shall be kept clean, and 
this last requirement shall be enforced by the state inspectors 
of health. Approved March 25, 1912. 

Chap. 319 An Act relative to provisions in the charter of the 

CITY of CHELSEA PROHIBITING CERTAIN CORRUPT PRAC- 
TICES. 

Be it enacted, etc., as follows: 
Publication Section 1. Nothing contained in sections eighty-two 

of newspaper , . , , <. -r» tt i»i -i iii-i 

advertise- and cighty-three of Part II oi chapter six hundred and eighty 

ments, etc. a u 



Acts, 1912. — Chap. 320. 241 

of the acts of the year nineteen hundred and eleven shall be 
construed to prohibit the preparation and publication of 
newspaper advertisements or the preparation and distribution 
of circulars in the interest of a candidate for any office: 
■provided, that the same comply with the provisions of the Proviso. 
general laws of the commonwealth as to corrupt practices 
at or in connection with elections. 

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

Approved March 25, 1912. 



An Act relative to the use of rooms or halls in school (7/iap.320 

BUILDINGS FOR OTHER THAN SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and ^^^^^-^^fj^ *• 
sixty-seven of the acts of the year nineteen hundred and 
eleven is hereby amended by striking out the word "may", 
in the second line, and inserting in place thereof the word : — 
shall, ^ — ^and by inserting after the word "of", in the third 
line, the words: — rooms or, — and by striking out the 
words "for which no admission fee is charged", in the fifth 
line, and by adding at the end thereof the words: — and 
that such use shall not be granted during the regular ses- 
sions of the school unless the means of egress have been ap- 
proved for such purpose by an inspector of public buildings 
of the 'district police, — so as to read as follows: — Section 1. ^|i^g° of other 
The school committee of any city or town which accepts the than school 

„ , . 1 11 "■ 1 p purposes. 

provisions oi this act shall grant the temporary use or rooms 
or halls in school buildings upon such terms and conditions 
and for such public or educational purposes, as the said 
school committee may deem wise: promded, however, that Proviso. 
such use shall not in any way interfere or be inconsistent with 
the use of the halls for school purposes, and that such use 
shall not be granted during the regular sessions of the school 
unless the means of egress have been approved for such 
purpose by an inspector of public buildings of the district 
poHce. 

Section 2. Chapter one hundred and fifty-seven of the Repeal, 
acts of the year nineteen hundred and twelve is hereby re- 
pealed. 

Section 3. This act shall take effect upon its passage. 

Approved March 25, 1912. 



242 



Acts, 1912. — Chaps. 321, 322. 



Appropriation, 
care of 
reservationa. 



Chap.321 An Act making an appropriation for the care of res- 
ervations UNDER THE CONTROL OF THE METROPOLITAN 
PARK COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding three hundred thirty- 
seven thousand five hundred ninety-seven dollars and ninety- 
six cents is hereby appropriated, to be paid out of the 
Metropolitan Parks Maintenance Fund, for the maintenance 
of reservations by the metropolitan park commission during 
the year ending on the thirtieth day of November, nineteen 
hundred and twelve, as authorized by chapter four hundred 
and nineteen of the acts of the j^ear eighteen hundred and 
ninety-nine. 

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

Approved March 25, 1912. 



R. L., 164. § 5. 
etc., amended. 



Chap. 322 An Act relative to the duties of judges of probate 

AND INSOLVENCY. 

Be it enacted, etc., as follows: 

Section five of chapter one hundred and sixty-four of the 
Revised Laws, as amended by section one of chapter four 
hundred and one of the acts of the year nineteen hundred 
and four, is hereby further amended by striking out the 
words "or interest", in the third line, and inserting in place 
thereof the words : — interest or other legal disqualifica- 
tion, — and by inserting after the word "insolvency", in 
the sixth line, the words : — or if the judge be absent, — so 
as to read as follows : • — Section 5. If a. judge of probate 
and insolvency is unable to perform his duties, or any part 
of them, from sickness, interest or other legal disqualification, 
or if, in his opinion, the court requires the assistance of an- 
other judge, or if there is a vacancy in the office of judge of 
probate and insolvency, or if the judge be absent, his duties, 
or such of them as he may request, shall be performed in the 
same county by the judge of probate and insolvency of any 
other county who may be designated by the judge, or, in 
case of his failure so to designate, who may be designated by 
the register of probate and insolvency from time to time 
as may be necessary; but, unless objection is made by an 
interested party before the decree is made, any case may 



Assistance to 
certain judges 
of probate and 
insolvency. 



Acts, 1912. — Chap. 323. 243 

be heard and determined out of said county in the perform- 
ance of such duties by such other judge, who may send his 
decree to the registry of probate for the county in which 
the case is pending. Two or more simultaneous sessions of 
the court may be held, the fact being so stated upon the 
record. Ayiwoved March 25, 1912. 



An Act relative to the wortiiington fire district, (jjidj) 323 
Be it enacted, etc., as jolloics: 

Section 1. The Worthington Fire District is hereby xhevvorth- 
authorized to make such contracts with individuals and cor- Dilfnct may 
porations for supplying water for the extinguishment of etc!"^'^ ^^'^'^* 
fires and for domestic and other purposes outside of the dis- 
trict as may be agreed upon, and for that purpose may ex- 
tend its pipes, under the direction of the selectmen, through 
the streets and highways of the town of Worthington lying 
outside the corporate limits of the district. 

Section 2. The inhabitants of the town of Worthing- a certain part 
ton liable to taxation in that town and residing within the of Worthing- 
territory enclosed by the following boundary lines, to wit: — thedfstri^t? 
Beginning on the easterly line of the Worthington Fire ^^■ 
District as established by chapter two hundred and thirty- 
three of the acts of the year nineteen hundred and eleven, 
at a point wdiere the said easterly line crosses the highway 
leading from Worthington Centre to Drury Corners, so- 
called; thence north four degrees forty minutes west on the 
said easterly line about six thousand one hundred and 
ninety-two feet to the highway leading from Worthington 
Corners to Chesterfield; thence south thirty-one degrees 
east three thousand one hundred and twenty-eight feet 
to a stake at a stone wall between lands of one Jones and one 
INIcCuen; thence south eight degrees west about five thou- 
sand three hundred and nineteen feet to a large beech tree 
on the easterly bank of Wards stream, so-called, and to the 
original fire district line; thence northerly, up said stream 
and along the said original fire district line about two thou- 
sand four hundred feet to the place of beginning, — shall be 
added to and made part of the body corporate of the Worth- 
ington Fire District. The territory hereby annexed to said 
district and the inhabitants residing therein shall have all 
the rights, powers and pri\'ileges and be subject to all the 
liabiUties and duties pertaining to said district according 



244 Acts, 1912. — Chap. 324. 

to the provisions of chapter two hundred and thirty-three 
of the acts of the year nineteen hundred and eleven. 
In^estu^' Section 3. The first section of this act shall take effect 
upon its passage, and the remainder of this act shall take 
effect upon its acceptance by a majority of the legal voters 
of the said district, as hereby enlarged, present and voting 
thereon at a legal meeting called for that purpose within 
three years after the date of its passage. Said meeting 
shall be called on a petition of ten or more of the legal voters 
of said district as enlarged by this act, by warrant from a 
justice of the peace, directed to one of the petitioners, re- 
quiring him to give notice of the meeting by posting copies 
of the warrant in two or more public places in said district 
as enlarged by this act, seven days at least before the time 
set for the meeting and by publishing such notice thereof as 
the warrant may require in any newspaper published in 
the county of Hampshire and circulated in the town of 
Worthington. The justice or a member of the board of 
water commissioners of said district shall preside at the 
meeting until a moderator is chosen and sworn; and for 
the purpose of authorizing the meeting this act shall take 
effect upon its passage. Approved March 25, 1912. 



Chap. 324: An Act to authorize the town of holden to make an 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Hdden Water SECTION 1. For the purposc of extending its system of 
water works in the village of Chaffins, the town of Holden 
is hereby authorized to issue notes or bonds from time to 
time to an amount not exceeding eighteen thousand dollars,' 
in addition to its indebtedness already authorized for water 
purposes. Such notes or bonds shall bear on their face the 
words, Holden Water Loan, shall be payable at the expiration 
of periods not exceeding thirty years from the dates of issue; 
shall bear interest at a rate not exceeding four and one half 
per cent per annum, payable semi-annually; and shall be 
issued by the serial method, so-called, and in the manner 
provided for in section thirteen of chapter twenty-seven of 
the Revised Laws and amendments thereof. 
Section 2. This act shall take effect upon its passage. 

Approved March 25, 1912. 



Acts, 1912. — Chaps. 325, 326. 245 



An Act relative to the evidence of defendants in Chap. 325 

TRIALS OF criminal CASES IN THE SUPERIOR COURT. 

Be it enacted, etc., as follows: 

At the trial of a criminal case in the superior court, upon Certain acts 
indictment or appeal, the fact that the defendant did not as evTdenc^n 
testify at the prehminary hearing or trial in the lower court, -^1^/^ °^ '''■""" 
or that at such hearing or trial he waived examination or did 
not offer any evidence in his own defence, shall not be used 
as evidence against him, nor be referred to or commented 
upon by the district attorney or other prosecuting officer. 

Approved March 25, 1912. 



cases. 



An Act to establish the west and south water supply (JJkij) 326 

DISTRICT OF acton AND TO PROVIDE FOR SUPPLYING SAID 
DISTRICT WITH WATER. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the westerly and south- The West and 
erly part of the town of Acton, liable to taxation in that iuppiy^Di" 
town and residing within the territory enclosed by the fol- estabhshed*"" 
lowing boundary lines, to wit : — Beginning at a stone mon- 
ument, said monument marking the corner of the towns of 
Littleton, Boxborough and Acton; thence south twenty-six 
degrees fifty-eight minutes west, on the boundary line be- 
tween Boxborough and Acton, about fourteen thousand 
eight hundred and fifty-five feet to a stone monument mark- 
ing the corner of the towns of Boxborough, Stow and Acton; 
thence south sixty-two degrees one minute east on the 
boundary line between Stow and Acton, ten thousand four 
hundred and fifty-six feet to a stone monument marking the 
corner of the towns of Stow, Maynard and Acton; thence 
south sixty-one degrees fifty-seven minutes east on the 
boundary line between Maynard and Acton about three 
thousand and fort}'-eight feet to a stone monument on said 
boundary line and on the westerly side of the highway lead- 
ing from South Acton to Maynard, known as Maynard street; 
thence north fifty-six degrees fifteen minutes east about 
five thousand nine hundred and eighty-four feet to a stone 
monument on the highway leading from the Edwin Barker 
place, so-called, to the Old Stow road, now known as the 
Sudbury road, said monument being near the point where 
said Sudbury road crosses the Fitchburg division of the 



246 



Acts, 1912. — Chap. 326. 



May acquire 
and hold cer- 
tain waters, 
etc. 



Proviso. 



Boston and Maine Railroad, known as Parker's crossing; 
thence north thirty degrees forty-five minutes west about 
eighteen thousand eight hundred and fifty feet to the bound 
first mentioned, — shall constitute a water supply district, 
and are hereby made a body corporate by the name of the 
West and South Water Supply District of Acton, for the 
purpose of supplying themselves with water for the extin- 
guishment of fires and for domestic and other purposes, with 
power to establish fountains and hydrants, and to relocate 
and discontinue the same, to regulate the use of such water 
and to fix and collect rates to be paid therefor, and to take, 
or acquire by lease, purchase or otherwise, and to hold 
property, lands, rights of way and other easements for the 
purposes mentioned in this act, and to prosecute and defend 
all actions relating to the property and affairs of the district. 
Section 2. Said water supply district, for the purposes 
aforesaid, may take, or acquire by purchase or otherwise, 
and hold, the waters of any pond or stream or of any ground 
sources of supply by means of driven, artesian or other wells 
within the town of Acton or in the town of Boxborough, and 
the water rights connected with any such water sources. 
Said district may also take, or acquire by purchase or other- 
wise, and hold, all lands, rights of way and other easements 
necessary for collecting, storing, holding, purifying and pre- 
serving the purity of the water and for conveying the same 
to any part of said district : provided, Iiowever, 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 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 
may be necessary for the establishment and maintenance 
of complete and effective water works; and for that pur- 
pose may construct wells and reservoirs and establish pump- 
ing 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 Acton and Boxborough, in such 



Acts, 1912. — Chap. 326. 247 

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 in Acton and Boxborough; and all 
things done upon any such way shall be subject to the direc- 
tion of the selectmen of the towns of Acton and Boxborough, 
respectively. 

Section 3. Said water supply district shall, within Taking of 
ninety days after the taking of any lands, water rights, water bTreco'rded'° 
sources, rights of way, or other easements under the provi- 
sions of this act, 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 accurate for identi- 
fication, 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 West and South Water Supply District of Acton, 
and the land so acquired may be managed, improved and con- 
trolled by the board of water commissioners hereinafter pro- 
vided 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- Damages, 
erty sustained by any person or corporation by the taking 
of any land, water, water source, water right, right of way, or 
other easement, or by anything done by said district under 
authority of this act. Any person or corporation sustaining 
damages as aforesaid, and failing to agree with the district 
as to the amount thereof, may have the same determined 
in the manner provided by law in the case of land taken for 
the laying out of highways, on application at any time within 
two years after the taking of such land or other property or 
the doing of other injury under authority of this act; but 
no such application shall be made after the expiration of 
said two years; and no application for assessment of dam- 
ages shall be made for the taking of any water, water right, 
or for any injury thereto, until the water is actually with- 
drawn 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 
appropriate under this act; in which case any damages 



248 



Acts, 1912. — Chap. 326. 



West and 
South Water 
Supply Dis- 
trict of Acton 
Water Loan. 



Proviso. 



Payment of 
loan. 



Certified copy 
of vote to 
assess a tax to 
be sent to the 
assessors, etc. 



caused by such taking shall be based upon such amount or 
quantity until the same shall be increased by vote or other- 
wise, and in that event said district shall be liable further 
only for the additional damage caused by such additional 
taking. 

Section 5. Said district, for the purpose of paying the 
necessary expenses and liabilities incurred under the pro- 
visions of this act, may issue from time to time bonds, notes 
or scrip to an amount not exceeding one hundred thousand 
dollars. Such bonds, notes or scrip shall bear on their face 
the words, West and South Water Supply District of Acton 
Water Loan; shall be payable at the expiration of periods 
not exceeding thirty years from their respective 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 hereinafter pro- 
vided 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 not be sold for less 
than their par value. The town of Acton 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 authorizing 
said loan, provide for the payment thereof in such annual 
proportionate payments, beginning not more than one 
year after the first issue of the said securities, 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 securities 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- 
trict for the purposes of this act, the clerk shall send a cer- 
tified copy of the vote to the assessors of the town of Acton, 
who shall proceed within thirty days thereafter to assess 
the same in the same manner in which town taxes are re- 
quired by law to be assessed. 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, 



Acts, 1912. — Chap. 326. 249 

and shall deposit the proceeds thereof with the district 
treasurer for the use and benefit of said district. Said dis- 
trict may collect interest on overdue taxes in the manner 
in which interest is authorized to be collected on town taxes : 
provided, that the district at the time of voting to raise the Proviso. 
tax shall so determine and shall also fix a time for payment 
thereof. 

Section S. The first meeting of said district shall be First meeting. 
called on petition of ten or more legal voters therein, by a 
warrant from the selectmen of the town of Acton, or from 
a justice of the peace, directed to one of the petitioners, re- 
quiring him to give notice of the meeting by posting copies 
of the warrant in two or more public places in the 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 question of 
the acceptance of this act shall be submitted to the 
voters, and if it is accepted by a majority of the voters 
present and voting thereon it shall take effect, and the 
meeting may then proceed to act on the other articles con- 
tained in the warrant. 

Section 9. The West and South Water Supply District Water com- 
of Acton shall, after the acceptance of this act as aforesaid, dectionrterm, 
elect by ballot three persons to hold office, one until the ex- ^*'''' 
piration of three years, one until the 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 in.structions, rules and 
regulations as the district may by vote impose. Said com- 
missioners shall appoint a treasurer of said district, who may 
be one of their number, who shall give bonds to the district 
in such an amount and with such sureties as may be ap- 
proved 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 



250 



Acts, 1912. — Chap. 326. 



Water rates, 
etc. 



By-laws, etc. 



Penalty for 
corrupting, 
etc., water. 



The central 
part of the 
town of Acton 
added to the 
district, etc. 



for the purpose. No money shall be drawn from the district 
treasury on account of the water works except upon a written 
order of said commissioners or a majority of them. 

Section 10. Said commissioners shall fix just and equi- 
table prices and rates for the use of water, and shall pre- 
scribe the time and manner of payment. The income 
of the water works shall be applied to defraying all oper- 
ating expenses, interest charges and payments on the prin- 
cipal as they accrue upon any bonds, notes or scrip issued 
under authority of this act. If there should be a net surplus 
remaining after providing for the aforesaid charges, it may 
be used for such new construction as the water commis- 
sioners may determine upon, and in case a surplus should 
remain after payment for such new construction the water 
rates shall be reduced proportionately'. No money shall be 
expended in new construction by the water commissioners 
except from the net surplus aforesaid, unless the district 
appropriates and provides money therefor. Said commis- 
sioners shall annually, and as often as the district may re- 
quire, 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- 
ing 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 
establish rules and regulations for the management of its 
water works, not inconsistent with this act or with the laws 
of the commonwealth, and may choose such other officers 
not provided for in this act as it may deem necessary or 
proper. 

Section 12. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water obtained or supplied under 
this act, or wilfully or wantonly injures any reservoir, stand- 
pipe, aqueduct, pipe or other property owned or used bj' 
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 in 
jail for a term not exceeding six months. 

Section 13. The inhabitants of the central part of the 
town of Acton liable to taxation in that town and residing 



Acts, 1912. — Chap. 326. 251 

within the territory enclosed by the following boundary lines, 
to wit: — Beginning at a stone monument marking the corner 
of said towns of Littleton, Boxborough and Acton; thence 
south seventy-five degrees east about twelve thousand eight 
hundred and eighteen feet to a stone monument on the 
northerly side of the liowell road, so-called, between the 
residences of Henry H. Hawley, Jr., and Luther Conant; 
thence south eleven degrees fifty minutes west about thirteen 
thousand one hundred and ninety-five feet to a stone monu- 
ment near the point where the Fitchburg division of the 
Boston and Maine Railroad crosses the Sutlbury Road, so- 
called, being the northeasterly corner of the West and South 
Water Supply District of Acton as described in this act; 
thence north thirty degrees forty-five minutes west along 
the northerly line of said West and South Water Supply 
District of Acton about eighteen thousand eight hundred 
and fifty feet to the place of beginning, — shall be added 
to and become a part of the body corporate of the West 
and South Water Supply District of Acton. The territory 
hereby annexed to said district and the inhabitants resid- 
ing 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 this act, except 
as hereinafter provided. Upon the acceptance of this act Act to be 

• • • JicccDtcQ bv 

by the voters of that part of the district described in this voters. 
section, as provided for in section fifteen of this act, the 
water system shall, within a period of two years thereafter, 
be extended into and the water be distributed therein, and 
thereupon that part of the district shall be bound to return 
an income which, for a period of ten years, will yield annually 
an amount equal to six per cent of the cost and expense 
incurred or sustained in making such extension, and in the 
event that such income proves insufficient therefor, then a 
sum sufficient to make up the deficit shall be added to the 
amount of the tax to be annually assessed upon that part of 
the district. The treasurer of said district shall keep a 
separate account showing in detail the cost and expense in- 
curred in making the said extension, and in the event of any 
dispute, difference, or question arising as to the amount 
of such cost and expense said commissioners shall have full 
power and authority to determine and fix the amount thereof. 

Section 14. Sections one to twelve, inclusive, of this Time of taking 
act shall take effect upon their acceptance l)y a majority tioMOM to' 
vote of the voters of said district described in section one, '^"eive. 



252 



Acts, 1912. — Chaps. 327, 328. 



Time of taking 
effect of sec- 
tion thirteen. 



present and voting thereon at a district meeting called 
in accordance with the provisions of section eight, within 
two years after the passage of this act; but the said sec- 
tions shall become void unless the said district shall begin 
to distribute water to consumers within two years after 
the date of the acceptance of said sections as aforesaid. 

Section 15. Section thirteen of this act shall take effect 
upon its acceptance by a majority of the voters of that 
part of the district described therein, present and voting 
thereon at a district meeting called in accordance with the 
provisions of section eight within two years after the accept- 
ance of said sections one to twelve as provided in section 
fourteen of this act. Ayyrcyved March 27, 1912. 



Taking of 
flounders in 
the waters of 
Edgartown. 

Repeal. 



Chap.S27 An Act to authorize the taking of flounders by means 

OF DREDGES AND TRAWLS IN THE WATERS OF THE TOWN OF 
EDGARTOWN. 

Be it enacted, etc., as folloios: 

Section 1. It shall be lawful to take flounders in the 
waters of the town of Edgartown by means of dredges, 
beam trawls or otter trawls. 

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

Section 3. This act shall take effect upon its passage. 

(The foregoing was laid before the Governor on the twentieth 
day of March, 1912, 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.) 

Chap.32S An Act to authorize the town of ashburnham to supply 

ITSELF AND ITS INHABITANTS WITH WATER. 

Be it enacted, etc., as folloivs: 

Section 1. The town of Ashburnham maj^ supply itself 
and its inhabitants with water for the extinguishment of fires 
and for domestic, manufacturing and other purposes; maj^ 
establish fountains and hydrants and relocate or discontinue 
the same; and may regulate the use of such water and fix 
and collect rates to be paid therefor. 

Section 2. Said town, for the purposes aforesaid, may 
take, or acquire by purchase or otherwise, and hold the 
waters of any pond or stream or of any ground sources of 
supply by means of driven, artesian or other wells within the 
limits of the town, and the water rights connected with 



Water supply 
for the town 
of Ashburn- 
ham. 



May acquire 
and hold cer- 
tain waters. 



Acts, 1912. — Chap. 328. 253 

any such water sources, and may also take, or acquire by 
purchase or otherwise, and hold all lands, rights of way and 
easements necessary for collecting, storing, purifying and 
preserving the water, and for conveying the same to any 
part of said town : 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 
location of all dams, reservoirs and wells to be used as sources 
of water supply under this act shall be subject to the ap- 
proval of said board. Said 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 Ashburnham, in such manner as not unnecessarily to 
obstruct the same; and for the purpose of constructing, lay- 
ing, maintaining, operating and repairing such conduits, 
pipes and other works, and for all other proper purposes of 
this act, said town may dig up or raise and embank any 
such lands, highways or other ways, in such manner as to 
cause the least possible hindrance to public travel on such 
ways. Said town shall not enter upon, construct or lay any 
conduits, pipes or other works within the location of any 
railroad corporation, except at such time and in such manner 
as it may agree upon with such corporation, or, in case of 
failure so to agree, as may be approved by the board of rail- 
road commissioners. 

Section 3. Said town shall within ninety days after the Taking of 
taking of any lands, rights of way, water rights, water sources toVvIcorded. 
or easements as aforesaid, file and cause to be recorded in 
the registry of deeds for the northern district of the county 
of Worcester a description thereof sufficiently accurate for 
identification, with a statement of the purpose for which 
the same were taken, signed by the water commissioners 
hereinafter provided for. The title to all lands acquired 
under the provisions of this act shall vest in the town of 



254 



Acts, 1912. — Chap. 328. 



Damages. 



Town of 
Ashburnhain 
Water Loan, 
Act of 1912. 



Ashburnham, and the land so acquired shall be managed, 
improved and controlled by the board of water commissioners 
hereinafter provided for, in such manner as they shall deem 
for the best interest of the town. 

Section 4. Said town shall pay all damages to property 
sustained by any person or corporation by the taking of any 
land, right of way, water, water source, water right or ease- 
ment, or by any other thing done by said town under au- 
thority of this act. Any person or corporation sustaining 
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 the doing of other injury under authority of this 
act; but no such application shall be made after the expira- 
tion of the said two years, and no application 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 under authority of this 
act. Said town may by vote, from time to time, determine 
what amount or quantity of water it proposes to take and 
appropriate under this act; in which case any damages 
caused by the taking shall be based upon the said 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 expenses and habilities 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 
dollars. Such bonds, notes or scrip shall bear on their face 
the words. Town of Ashburnham Water Loan, Act of 1912; 
shall be payable at the expiration of periods not exceeding 
thirty years from the date of issue; shall bear interest, 
payable semi-annually, at a rate not exceeding four and one 
half per cent per annum; and shall be signed by the treasurer 
of the 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. 



Acts, 1912. — Chap. 328. 255 

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 one year 
after the first issue of such bonds, notes or scrip, as will ex- 
tinguish 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 the town, and to make such payments on the 
principal as may be required under the provisions of this 
act, shall without further vote be assessed by the assessors 
of the town 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- Penalty for 
lutes or diverts any water taken or held under this act, or ^wate°r°' ^**'*' 
injures any structure, work or other property owned, held 
or used by said town under authority of this act shall forfeit 
and pay to the town three times the amount of damages 
assessed therefor, to be recovered in an action of tort; and 
upon being convicted of any of the above wilful or wanton 
acts shall be punished by a fine not exceeding three hundred 
dollars or by imprisonment in jail for a term not exceeding 
one year. 

Section S. Said town shall, after the passage of this water com- 
act, at a legal meeting called for the purpose, elect by ballot de^tionrterm, 
three persons to hold office, one until the expiration of three ^^''' 
years, one until the expiration of two years and one until 
the expiration of one year from the next succeeding annual 
town meeting, to constitute a board of water commissioners; 
and at each annual town meeting thereafter one such com- 
missioner shall be elected by ballot for the term of three years. 
All the authority granted to the town by this act and not 
otherwise specifically provided for shall be vested in the 
water commissioners, who shall be subject however to such 
instructions, rules and regulations as the town may impose 
by its vote. A majority of the commissioners shall constitute 
a quorum for the transaction of business. Any vacancy 
occurring in the 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 select- 



256 Acts, 1912. — Chap. 329. 

men, and the person so appointed shall hold ofBce until 
the town fills the vacancy in the manner specified herein. 
Water rates. Section 9. The commissioncrs shall fix just and equitable 

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 de- 
termine upon, and in case a surplus should remain after 
payment for such new construction the water rates shall be 
reduced proportionately. No money shall be expended in 
new construction by the water commissioners except from 
the net surplus aforesaid, unless the town appropriates and 
provides money therefor. The commissioners shall an- 
nually, and as often as the town may require, render a report 
upon the condition of the works under their charge and an 
account of their doings, including an account of receipts and 
expenditures. 
Section 10. This act shall take effect upon its passage. 

Ap'proved March 28, 1912. 

Chap.S29 An Act making appropriations for expenses in con- 
nection WITH THE AUDITING OF MUNICIPAL ACCOUNTS 
AND THE TAKING OF A SUMMER CENSUS BY THE BUREAU 
OF STATISTICS. 

Be it enacted, etc., as follows: 

^ons°ruditing SECTION 1. A suui iiot exceeding ten thousand dollars is 
municipal hereby appropriated to pay the expenses of auditing municipal 

accounts, the same to be met by assessments upon the 

municipalities for which the work is done, 
m cenifn"^"^ A sum uot exceeding one thousand dollars is hereby appro- 
towns, priated to pay the cost of taking a special census in towns 

having an increased resident population during the summer 

months, the same to be met by assessments upon the towns 

for which the work is done. 

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

Approved March 28, 1912. 



Acts, 1912. — Chap. 330. 257 



An Act to authorize certain insurance companies to Chap.330 

ACT AS SURETIES IN CRIMINAL PROCEDURE. 

Be it enacted, etc., as follows: 

Section sixty-one of chapter five hundred and seventy-six of etc?!' Amended. 
the acts of the year nineteen hundred and seven, as amended 
by chapter two hundred aiitl fifty-six of the acts of the 
year nineteen hunch'ed and nine, and by chapter three 
hundred and forty-four of the acts of the year nineteen hun- 
dred and eleven, is hereby further amended by striking out 
the section and inserting in phice thereof the following: — 
Section 61. A company organized under the provisions of fncl!'etc.'°^"'^" 
this act or the corresponding provisions of earlier laws, or 
chartered by any other state or government to transact 
fidelity insurance and corporate suretyship, and ciualified to 
do business in this commonwealth, may make contracts of 
insurance to guarantee 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 
joint or sole surety upon the official bond or the bond, recog- 
nizance or other undertaking in civil and criminal procedure 
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 or other 
public officer, or to any corporation or association public 
or private; and also may act as joint or sole surety upon 
any bond or undertaking to any person or corporation or to 
the commonwealth 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 person or persons Avho are responsible as surety or 
sureties upon a written instrument or otherwise for the 
performance by others of any office, employment, contract 
or trust. If by law two or more sureties are required upon Sureties, etc. 
any obligation such company is authorized to insure, it 
may act as joint or sole surety thereon and may be accepted 
as such by the court, magistrate or other officer or person 
authorized to approve the sufficiency of such bond or under- 
taking; and so much of section nine of chapter one hundred 
and forty-nine of the Revised Laws as requires that sureties 
on bonds to a judge of probate shall be residents of the com- 
monwealth shall not forbid the acceptance of a qualified 



258 



Acts, 1912. — Chap. 330. 



Sureties, etc. 



Recognizance, 
etc. 



foreign corporation as joint or sole surety on any such bond. 
A bond given by it under the provisions of section twenty- 
four of chapter one hundred and ten, section fifteen of chapter 
one hundred and thirteen or section seven of chapter one 
hundred and fourteen of the Revised Laws, shall be in a form 
approved by the commissioner of corporations or the bank 
commissioner, respectively, and an attested copy of such 
bond, with a certificate of the custodian that the original 
is in his possession, shall be filed with the commissioner con- 
cerned. No such company shall incur in behalf or on account 
of any one person, partnership, association or corporation a 
liability for an amount larger than one tenth of its net 
assets, unless it shall be secured from loss thereon beyond 
that amount by suitable and sufl^cient collateral agreements 
of indemnity, by agreements of other joint surety or sureties 
relative to the amount of liability assumed by it or them, by 
deposit with it in pledge or convej'ance to it in trust for its 
protection of property equal in value to the excess of its 
liability over such limit, or, if such liability is incurred in 
behalf or on account of a fiduciary holding property in a 
trust capacity, by such deposit or other disposition of a 
suitable and sufficient portion of the estate so held that no 
further sale, mortgage, pledge or other disposition can be 
made thereof without such company's approval, except by 
the decree of a court having proper jurisdiction; and if 
any foreign insurance company violates this provision, the 
insurance commissioner may revoke its authority to transact 
business in this commonwealth. So much of section eight- 
een of this act as provides that policies and contracts of 
insurance shall be headed only by the name of the insurance 
company by which they are issued, shall not apply to con- 
tracts of corjjorate surety. 

In cases where the procedure heretofore has been to cause 
the sureties to make an oral recognizance in open court or 
before a justice or other magistrate, a corporation authorized 
by this act to make such recognizance as sole surety, shall, 
instead of recognizing orally by an officer or agent, enter 
into a bond duly executed by the principal, and, in behalf 
of such corporation acting as surety, by its officer or agent 
thereto duly authorized, and sealed with its corporate seal, 
and neither the principal nor the surety shall recognize 
orally. The condition of the bond shall be the same that 
has heretofore been contained in the oral recognizance taken 
in such cases, and the bond shall be satisfactory to the court, 



nient with 
surety, etc. 



Acts, 1912. — Chap. 331. 259 

justice or other magistrate, who shall endorse his approval 
on it. Such bond, if approved by the court, justice or other 
magistrate, shall not be defeated by reason of the failure of 
the principal to execute the bond, or by any failure to comply 
with the provisions of this act that would not defeat the 
bond at common law as against the corporation acting as 
surety. 

It shall be lawful for any receiver, assignee, guardian, con- Receiver, etc.. 
servator, trustee, executor, administrator or other fiduciary, "cruin agree- 
or party from whom a bond is required, to agree and arrange 
with his surety or sureties for the deposit for safe keeping of 
any or all moneys, assets and other property for which he 
is or may be responsible with a bank, savings bank, safe de- 
posit or trust company authorized by law to do business as 
such in this commonwealth and in such manner as to prevent 
the withdrawal or alienation of such money, assets or other 
property or any part thereof, without the written consent 
of such surety or sureties or an order of the court in which 
such bond is filed, or of a judge thereof, made on such notice 
to such surety or sureties as the court or judge may direct. 

Apjjroved March 28, 1912. 

An Act relative to reimbursing cities and towns for (jhn^ 331 

AID RENDERED TO PERSONS WITHOUT SETTLEMENT. 

Be it enacted, etc., as folloivs: 

Section 1. Section twenty-one of chapter eighty-one r. l. si, § 21, 
of the Revised Laws, as amended by chapter three hundred ^^'^" ^"^'''i'^^'*- 
and fifty-five of the acts of the year nineteen hundred and 
three, is hereby further amended by inserting after the 
word " months ", in the ninth line, the words : — except as 
otherwise ordered by the state board of charity, — so as to 
read as follows: — Section 21. A city or town may furnish cities and 
aid to poor persons found therein, having no lawful settle- fumisira'id 
ments within the commonwealth, if the overseers of the poor pauperTetc^*^ 
consider it for the public interest; but, except in cases under 
the provisions of section fourteen of chapter eighty-five, not 
for a greater amount than two dollars a week for each family 
during the months of May to September, inclusive, or three 
dollars a week during the other months, except as otherwise 
ordered by the state board of charity; and the overseers 
shall in every case give immediate notice in wi-iting to the 
state board of charity, which shall examine the case and if 
it directs a discontinuance of such aid, shall remove such 



260 



Acts, 1912. — Chap. 331. 



Statement of 
expenses. 

Court may 
order removal 
in certain 
cases, etc. 



If person sought 
to be removed 
is without a 
legal settle- 
ment order 
may issue for 
his removal, 
etc. 



persons to the state hospital or to any state or place where 
they belong, if their necessities or the public interest requires 
it, and the superintendent of said hospital shall receive the 
persons removed thereto as if they were sent there in ac- 
cordance with the provisions of section seven of chapter 
eighty-five. A detailed statement of expenses so incurred 
shall be rendered, and after approval by the state board, 
such expenses shall be paid by the commonwealth. If any 
such person refuses to submit to removal the state board of 
charity, or any of its officers or agents, may apply to the dis- 
trict, municipal or police court of the district where such 
person resides, or to any trial justice, for an order directing 
that such removal be made. Upon such application the 
court or magistrate shall forthwith cause a summons to be 
served upon the person so refusing, and, if he be a minor, 
upon his parent or guardian, requiring the attendance of the 
person so summoned at a time and place appointed therein 
for hearing; and at such time and place shall hear and ex- 
amine upon oath such person or persons, and shall hear such 
other evidence as may be material. If upon hearing it ap- 
pears that the person sought to be removed is without a legal 
settlement in this commonwealth and is unable to support 
himself, and that his necessities or the public interests require 
his removal, the court or magistrate shall issue an order in 
writing, directed to a duly constituted officer or agent of 
the state board of charity, reciting that such person appears 
to be a state pauper, and that his necessities or the public 
interests require his removal, and commanding such officer 
or agent to remove him to the state hospital or to any other 
state institution designated by the state board of charity, 
and such officer or agent shall thereupon make the removal 
as ordered. After the removal is made such officer or agent 
shall file such order, with his return thereon, with the clerk 
of the court from which it was issued, or if issued by a trial 
justice it shall be filed with him. In every case where re- 
moval is ordered a detailed statement of the expense in- 
curred by any city or town for the support of the person so 
removed while application for his removal was pending before 
the court, shall be rendered, and after approval by the state 
board shall be paid by the commonwealth. 
Section 2. This act shall take efl'ect upon its passage. 

Ayyroved March 28, 1912. 



Acts, 1912. — Chaps. 332, 333, 334. 261 



An Act to provide for an assistant register of probate (jfidj) 330 

IN THE COUNTY OF PLYMOUTH. 

Be it enacted, etc., as ]oUows: 

Section 1. The judge of probate for the county of ^gf^^/^^"^f p^^ 
Plymouth may appoint an assistant register who may be ^^^^^ ''°"'^th 
a woman. The salary of the assistant register shall be fixed 
in accordance with the provisions of chapter four hun- 
dred and fifty-five of the acts of the year nineteen hundred 
and four, as amended by chapter two hundred and sixty-five 
of the acts of the year nineteen hundred and six. 

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

Approved March 28, 1912. 

An Act to authorize the treasurer of the county of QJidjf 333 

BRISTOL TO EMPLOY CLERICAL ASSISTANCE. 

Be it enacted, etc., as folloivs: 

Section 1. The treasurer of the county of Bristol may clerical 
employ clerical assistance in his office at an annual expense ^''^'•^'^"*=®- 
not exceeding two thousand dollars. 

Section 2. So much of section three of chapter twenty- Repeal, 
one of the Revised Laws as is inconsistent herewith, and 
chapter three hundred and ninety-eight of the acts of the 
year nineteen hundred and six, and chapter two hundred 
and eighty-three of the acts of the year nineteen hundred 
and nine, are hereby repealed. 

. Section 3. This act shall take effect upon its passage. 

Approved March 28, 1912. 

An Act to authorize cities and towns to regulate the (Jhav 334 
use of buildings for the protection of the public 
health and morals. 

Be it enacted, etc., as follotvs: 

Section one of chapter one hundred and four of the Revised tended ^ ** 
Laws is hereby amended by inserting after the word "life", 
in the fourth line, the words : — health and morals, — and 
by inserting after the word "alteration", in the seventh line, 
the words: — height, area, location, — so as to read as 
follows: ■ — Section 1. Every city, except Boston, and every inspection of 
town which accepts the provisions of this section or has ''"'''''"s^- «'*''• 
accepted the corresponding provisions of earlier laws may, 
for the prevention of fire and the preservation of life, health 



262 



Acts, 1912. — Chap. 335. 



and morals, by ordinances or b}j-laws not inconsistent with 
law and applicable throughout the whole or any defined 
part of its territory, regulate the inspection, materials, con- 
struction, alteration, height, area, location and use of build- 
ings and other structures within its limits, except such as are 
owned or occupied by the United States or by the common- 
wealth and except bridges, quays and wharves, and may 
prescribe penalties not exceeding one hundred dollars for 
each violation of such ordinances or by-laws. 

Approved March 28, 1912. 



1905, 428, § 2, 
etc., amended. 



Bonds of part- 
nersliips, asso- 
ciations, etc. 



Chap.335 An Act to abolish the license fees for branch offices 

OF CONCERNS RECEIVING DEPOSITS OP MONEY. 

Be it enacted, etc., as follows: 

Section two of chapter four hundred and twenty-eight of 
the acts of the year nineteen hundred and five, as amended 
by section two of chapter four hundred and eight of the acts 
of the year nineteen hundred and six, and by section one of 
chapter three hundred and fifty-eight of the acts of the year 
nineteen hundred and eleven, is hereby further amended by 
striking out the sentence commencing with the word "If", 
in the fifty-fifth line, and ending with the word "author- 
ized", in the fifty-ninth fine, so as to read as follows: — 
Section 2. Said bond shall be executed by said persons, part- 
nerships, associations or corporations as principal, with at 
least two good and sufficient sureties who shall be residents 
and owners of real estate within the commonwealth, or by 
said persons, partnerships, associations or corporations* 
as principal and a surety company approved 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 munici- 
pality 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 depositors 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 amount fixed as the penalty of the 



Issue of 
liceuse, etc. 



Acts, 1912. — Chap. 335. 263 

bond, and he may in his discretion permit the substitution 
of securities for money, or of money for securities, in whole or 
in part, or of money or securities for any sureties, or of a bond 
for money or securities deposited, or the withdrawal of 
securities deposited and the substitution of others of equal 
value in their place, and if the total value of the securities 
becomes substantially impaired he shall require the deposit 
of money or additional securities sufficient to cover the im- 
pairment in value. This bond shall not be accepted unless 
approved by the treasurer and receiver general, and upon 
such approval it shall be filed in his office. Upon notice of J| 
such approval the bank commissioner shall issue a license 
authorizing the persons, partnerships, associations or cor- 
porations 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 persons, 
partnerships, associations or corporations shall enter into or 
continue in the aforesaid business without such authority. 
The license shall state the kind of business which the li- 
censee is authorized to carry on, either that of receiving de- 
posits of money for safe-keeping, or that of receiving 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 
business of receiving deposits of money for the purpose of 
transmitting 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 de- 
posits 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 Hcense shall not be transferred or Licenses not 
assigned. It shall not authorize the transaction of business f|?rred! 
at any place other than that described in the Hcense, except 
with the written approval of the bank commissioner. Im- 
mediately upon the receipt of the license issued by the bank 
commissioner, 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 per- 
sons 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 desig- 
nated therein or those to which it has been transferred with 
the written approval of the bank commissioner, or knowingly 



rans- 
etc. 



264 



Acts, 1912. — Chap. 336. 



Money de- 
posited to con- 
stitute a trust 
fund, etc. 



Surrender of 
license, etc. 



to deface or destroy any such license. The money and se- 
curities deposited with the treasurer and receiver general as 
herein provided, and the money which 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-keep- 
ing 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 rev- 
ocable 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 receiver 
general for a period of one year from the date of the revoca- 
tion of the license unless otherwise directed by the order or 
judgment of a court of competent jurisdiction. Whenever 
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 equivalents thereof to foreign countries, the condition 
of the bond required by section one of chapter three hundred 
and seventy-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. The 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. 

Apjyroved March 28, 1912. 



Chap.SSQ An Act relative to clerical assistance for the clerk 

OF THE MUNICIPAL COURT OF BROOKLINE. 

Be it enacted, etc., as follows: 

Section one of chapter three hundred and sixty-five of the 
acts of the year nineteen hundred and nine is hereby amended 
by striking out the word " two ", in the sixth line, and inserting 
in place thereof the word: — three, — so as to read as fol- 



1909. 365, § 1, 
amended. 



Acts, 1912. — Chaps. 337, 338. 265 

lows:- — ■Section 1. The clerk of the municipal court of fyjg\™^gg 
Brookline shall be allowed for clerical assistance upon his 
certificate stating the time occupied and the name of the 
person or persons by whom the work was performed, pro- 
vided the justice of the court shall certify that the work 
was necessary, such sum, not exceeding three hundred dollars 
in any one year, as the county commissioners for the county 
of Norfolk may approve. Said svmi shall be paid moi>thly 
from the treasury of the county to the person or persons em- 
ployed. Airproved March 28, 1912. 

An Act to legalize the organization and proceedings Char> 337 

OF THE AMHERST LIBRARY ASSOCIATION OF AMHERST. 

Be it enacted, etc., as follows: 

Section 1. The organization of the Amherst Library organization 
Association of Amherst shall not be void by reason of the fngs fegaiTzed. 
omission of the person who called the first meeting for the 
purpose of organizing the corporation on the second day of 
September, eighteen hundred and seventy-four, to make 
affidavit of his doings; nor by reason of the omission of said 
association to call the clerk of said first meeting temporary 
clerk; nor by reason of the omission of the president, treas- 
urer, and a majority of the directors or managers of said 
association forthwith to make, sign and swear to a certificate 
setting forth a copy of the agreement of association, with 
the other particulars required by law, and to submit such 
certificate and the records of the association to the com- 
missioner of corporations; nor by reason of the omission to 
file such certificate in the office of the secretary of the com- 
monwealth; and said organization and the subsequent 
proceedings of said corporation, so far as they appear upon 
the records of said corporation and are not otherwise illegal, 
are hereby ratified and coiffirmed. 

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

Ajyproved March 28, 1912. 

An Act to authorize the city of boston to take and (jJiQ/n QQg 

HOLD land and TO CONSTRUCT THEREON A MUNICIPAL 
BUILDING AND A COURT HOUSE IN THE WEST ROXBURY 
DISTRICT OF THE CITY. 

Be it enacted, etc., as folloivs: 

Section 1. The board of street commissioners of the construction 
city of Boston is hereliy authorized to select and take in butiding alfd* 
the name and behalf of the city such land as may in the inuL^Weat 



266 



Acts, 1912. — Chap. 338. 



Roxbury dis- 
trict of Bos- 
ton. 



Description 
of land taken 
to be re- 
corded, etc. 



Issue of bonds, 
etc. 



Payment of 
loan. 



Time of taking 
effect. 



judgment of said commissioners, subject to the approval of 
the mayor, be requisite for the erection of a municipal build- 
ing, for the use of the citizens of the West Roxbury district 
of the said city, and for the erection of a court house, for the 
use of the courts and for a court house yard and for such 
other purposes as are properly incidental to the foregoing. 

Section 2. Said commissioners shall within thirty daj's 
after the approval of the mayor of the land selected by the 
commissioners file in the registry of deeds for Suffolk county 
and cause to be recorded a description of the lands so taken 
as certain as is required in a common conveyance of land 
with a statement of the purpose for which they were taken, 
which description and statement shall be signed by said 
commissioners or a majority of them, and the fee of the land 
so taken shall vest in the city of Boston. The city shall be 
liable to pay all damages sustained by any person by reason 
of the .taking of am' land as aforesaid, such damages to be 
ascertained and determined in the manner provided for 
ascertaining and determining damages in the case of laying 
out, altering or discontinuing ways within the city of Boston. 

Section 3. For the purposes of this act the city of 
Boston is authorized to incur indebtedness to an amount not 
exceeding one hundred and fifty thousand dollars, and may 
issue bonds, notes or scrip therefor. Such bonds, notes or 
scrip shall be payable within such periods, not exceeding 
twent}^ years from their respective dates of issue, and shall 
bear such rate of interest, not exceeding four per cent per 
annum, payable semi-annually, as the city council, with 
the approval of the mayor, shall determine. Except as 
otherwise provided herein, the provisions of chapter twenty- 
seven of the Revised Laws shall, so far as they may be 
applicable, apply to the indebtedness hereby authorized 
and to the securities issued therefor. 

Section 4. 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 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 5. This act shall take effect upon its acceptance 
by the city council of said city. 

Apyroved March 28, 1912. 



Acts, 1912. — Chaps. 339, 340. 267 



An Act to authoijize the city of boston to abate a p?,^^ ooq 

PORTION OF THE BETTERMENT ASSESSMENTS MADE ON AC- ^' 

COUNT OF THE LAYING OUT AND CONSTRUCTION OF COLUMBIA 
ROAD. 

Be it enacted, etc., as follows: 

Section 1 . The board of street commissioners of the city Abatement of 
of Boston may at any time within two years after the passage beuennent 
of this act abate such proportion of any assessment for a "•'^'^essment. 
betterment made on account of the laying out and construc- 
tion of Columbia road from Franklin park, in Dorchester, 
to Marine park, in South Boston, not exceeding in the case 
of lots unimproved at the time of the passage of the order 
for the said laying out and construction twenty per cent, and 
in the case of lots improved at the time of the passage of said 
order and lots bordering on the parts of the said road for- 
merly known as the Strandway and Dorchesterway thirty- 
three and one third per cent, as said board shall deem just 
and expedient. 

Section 2. Said board may by its certificate authorize Treasurer to 
the treasurer of the city to repay the excess of any amount on^etterment. 
paid on account of said assessments over the amounts de- 
termined as the revised assessments in accordance with the 
provisions of this act, and said excess shall be repaid by the 
treasurer from the appropriation from which the improve- 
ment was paid for to the person for whom payment was 
made, or to his legal representatives. 

Section 3. Chapter four hundred and fifteen of the Repeal, 
acts of the year nineteen hundred and eleven is hereby re- 
pealed. 

Section 4. This act shall take effect upon its passage. 

Ajrproved March 28, 1012. 

An Act to provide for the establishment of a board of />/,^^ oacx 

HIGHWAY commissioners FOR THE CITY OF BROCKTON. ^' 

Be it enacted, etc., as jollows: 

Section 1. A board of highway commissioners, consist- Board of 
ing of three members, is hereby established for the city of commrssioners. 
Brockton. 

Section 2. Said board shall consist of three citizens of ^°,'^^j'^'°" 
the city of Brockton to be chosen in the manner following: 
sometime in the month of January, after the first Monday 
next succeeding the election at which this act is adopted and 
accepted in accordance with the provisions hereinafter 



268 



Acts, 1912. — Chap. 340. 



Term of office. 



Proviso. 



Authority of 
board, etc. 



Proviso. 



Filling of 
vacancy. 



made, three members of said board shall be appointed by the 
mayor of the city, with the advice and consent of the board 
of aldermen, from the two principal political parties of the 
commonwealth, one to serve for the term of three years from 
the first Monday of January next succeeding his election; 
one to serve for the term of two years from the first Monday 
of January succeeding his election; and one to serve for the 
term of one year from the first Monday succeeding his elec- 
tion; and thereafter in the month of January, in each year, 
after the first Monday thereof, a commissioner shall be 
appointed for the term of three years. A commissioner shall 
hold office for the term for which he is appointed and until 
his successor is appointed and confirmed. The board of 
commissioners shall at all times be so constituted that the 
two principal political parties of the commonwealth shall be 
represented thereon. In case of failure by the board of alder- 
men to confirm any appointment, the mayor, within thirty 
days after the time of such failure, shall make another ap- 
pointment: provided, however, that he shall not, in the same 
year, again name the same appointee who failed of con- 
firmation. 

Section 3. Said board shall have cognizance, direction 
and control of; (a) the construction, location, repair and 
supervision of all streets, ways and sidewalks; (b) the con- 
struction and maintenance of drains and bridges; (c) the 
location, superintendence and maintenance of the ligliting 
of all streets, ways and public buildings and grounds; (d) 
the purchase and supplying of fuel to all schools and' other 
departments of the city; all of which powers, rights and 
duties shall be exercised exclusively by said board. Said 
board shall have power to enter into contracts in behalf of 
the city for the purpose of discharging its duties relative to 
the care, management and supervision of the department 
aforesaid: iwovided, however, that said board shall have no 
power to contract for an amount which in the aggregate will 
exceed the appropriation for the board in the same year, 
unless specially authorized by the city council. Any con- 
tract involving an immediate expenditure of five hundred 
dollars or more shall not be valid against the city unless it is 
in writing and signed by the mayor. 

Section 4. In case of a vacancy occurring in said board 
by death, resignation or otherwise, the vacancy shall be filled 
by appointment by the mayor, with the advice and consent 
of the board of aldermen, and the appointee shall hold office 
for the remainder of the term for which the original appoint- 



etc. 



Acts, 1912. — Chap. 340. 269 

ment was made and until liis successor is appointed and con- 
firmed. 

Section 5. Said commissioners shall receive such com- compensation, 
pensation for their services as the city council shall from time 
to time determine. Said board may employ such clerks and 
assistants as may be necessary for the proper performance 
of its work, the same to be paid out of the appropriation 
made for said board by the city council. Said board shall 
have authority to employ a superintendent of outdoor work 
to act under its direction and control, his compensation to be 
fixed by the board and paid out of the appropriation for it. 

Section G. Said board shall annually on the first day Account to be 
of December render to the city council an accurate account '^^^ ""* 
of its administration of the affairs of the various departments 
under its control, and all its acts and expenditures shall be 
open to the inspection of the mayor and city council at all 
times. 

Section 7. Said commissioners, or any of them, may Removal 
be removed by the mayor with the advice and consent of 
the board of aldermen, for cause shown. Such cause shall 
be stated in the order of removal. 

Section 8. Suitable quarters shall be provided for said Qua''<'C"- 
board by the city council. 

Section 9. Said board shall annually, as soon after the Meeting for 
first Monday of January following the municipal election as 
is practicable, meet for the purpose of organizing for the 
ensuing year. It shall elect a chairman and secretary from 
its number and do such other things as may be necessary or 
incidental to the performance of its duties. 

Section 10. The city engineer of said city shall meet The city 

• 1 'ii IP • • 1 • !• engineer to 

With said board from time to time and act in an advisory advise the 
capacity. He shall render to said board all services here- 
tofore rendered by him to the various departments now 
under the control of said board. 

Section 11. This act shall be submitted to the qualified ^^ng^esect. 
voters of the city of Brockton at the state election in the 
current year in answer to the following question to be placed 
on the official ballot : — " Shall the proposed amendment of 
the charter of the city of Brockton authorizing 
the establishment of a highway commission be 
accepted?" And if a majority of the votes cast 
thereon shall be in the affirmative, then this act shall take 
effect; otherwise it shall be void. 

Aiiyroved March 28, 1912. 



YES. 1 


NO. 1 



270 



Acts, 1912. — Chap. 341. 



School com- 
mittee of the 
city of New 
Bedford. 



To elect a 
superiDtendent 
of schools, 
etc. 



C/iaX>. 341 ^'^ ^^'^ RELATIVE TO THE SCHOOL COMMITTEE OF THE CITY 

OF NEW BEDFORD. 

Be it enacted, etc., as follows: 

Section 1. The school committee of the city of New 
Bedford shall consist of the mayor, ex officio, and six mem- 
bers who shall be elected at large. In the year nineteen 
hundred and twelve there shall be elected at the annual 
city election two members to serve for one year, two for 
two years and two for three years, and annually thereafter 
there shall be elected two members to serve for the term of 
three years. 

Section 2. The school committee shall elect annually 
a superintendent of schools and may, under the laws regu- 
lating the civil service, appoint, suspend, or remove at 
pleasure such subordinate officers or assistants, including 
janitors of school buildings, as it may deem necessary for 
the proper discharge of its duties and the conduct of its 
business; it shall define their terms of service and their 
duties and shall fix their compensation. No member of 
the school committee, except the mayor, shall, during the 
term for which he is elected, hold any other office or posi- 
tion the salary or compensation for which is payable out 
of the city treasury. The committee shall organize annually 
on the first Wednesday in January, and shall elect one of its 
members as vice chairman, whose duty it shall be to preside 
at all meetings of the committee at which the mayor is not 
present. 

Section 3. The school committee, in addition to the 
powers and duties pertaining by law to school committees, 
shall have power to provide, when they are necessary, tem- 
porary accommodations for school purposes, and shall have 
the control of all school buildings and of the grounds con- 
nected therewith, and the power to make all repairs, the 
expenditures for which are made from the regular appro- 
priation for the school department, except as is otherwise 
provided herein. 

Section 4. No site for a school building shall be ac- 
quired by the city unless the approval of the site by the 
school committee is first obtained. No plans for the con- 
struction of or alterations in a school building shall be ac- 
cepted, and no work shall be begun on the construction or 
alteration of a school building, unless the approval of the 



To provide 
accommoda- 
tions for 
8chool pur- 
poses, etc. 



To approve 
sites for 
school build- 
ings, etc. 



Acts, 1912. — Chap. 342. 271 

school committee therefor is first obtained. Nothing herein 
contained shall require such approval for the making of 
ordinary repairs. 

Section 5. All meetings of the school committee shall bl'lpen^jT 
be open to the public. Four members shall constitute a ^^^ public 
quorum. All votes shall be taken viva voce by yea and 
nay, and all votes shall be entered in the records of the 
committee. 

Section 6. The school committee shall make all rea- Rules and 
sonable rules and regulations for the management of the 
public schools of the city and for conducting the business of 
the committee, pro\'ided that such rules are not inconsistent 
with any laws of the commonwealth. 

Section 7. If a vacancy occurs in the school commit- Fiiungof 
tee by failure to elect, or otherwise, the city council and the 
remaining members of the school committee shall meet in 
joint convention and elect a suitable person to fill the va- 
cancy until the next election. The mayor, if present, shall 
preside at the convention. 

Section 8. This act shall be submitted to the qualified toking°iffect. 
voters of the city of New Bedford at the next state election 
in answer to the following question to be placed on the 
official ballot: — "Shall an act passed by the general court 
in the year nineteen hundred and twelve, providing that the 
school committee of the city of New Bedford 
shall consist of the mayor, ex-officio, and six 
members be accepted? " And if a majority of the 
votes cast thereon are in the affirmative, this act shall take 
effect; otherwise it shall be void. Approved March 2S, 1912. 



YES. 




pro. 





Chaj)M2 



An Act to authorize the city of fitchburg to incur 
indebtedness for the purpose of restoring certain 
trust funds. 

Be it enacted, etc., as follows: 

Section 1. The city of Fitchburg, for the purpose of p.^chb^Jr"^ 
restoring certain trust funds hereinafter specified which may borrow 
were received by said city and subsequently paid out and store certain 
expended by it for the general expenses of the city, is hereby 
authorized to borrow a sum of money not exceeding sixty- 
four thousand dollars, outside the limit of indebtedness fixed 
by law for the city, and to issue notes or bonds therefor pay- 
able at periods not exceeding ten years from their respective 



272 Acts, 1912. — Chap. 343. 

dates of issue. Such notes or bonds shall be signed by the 
treasurer and countersigned by the mayor, shall bear in- 
terest, payable semi-annually, at a rate not exceeding four 
per cent per annum, and shall be sold or disposed of in such 
manner and on such terms as the treasurer and mayor may 
determine. Said notes or bonds shall be issued for restoring 
the following trust funds: — Public Library, ten thousand 
dollars; Perpetual Care of Cemetery Lots, a sum not ex- 
ceeding thirty-nine thousand five hundred dollars; and 
Worthy Poor Trust Funds, received from the estates of E. E. 
Boutelle-Robinson, Ellen E. Amies, Edward G. Poole and 
Nathan Whitcomb, a sum not exceeding fourteen thousand 
five hundred dollars. 
Payment of SECTION 2. At the time of issuiug such bonds or notes 

the city shall provide for the payment thereof in such annual 
proportionate payments as will extinguish the same within 
the time prescribed by this act, and when a vote of the city 
council to that effect has been passed, 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, and without any further vote or action of the 
city, until the debt authorized by this act is extinguished. 
Section 3. This act shall take effect upon its passage. 

Ajjproved March 28, 1912. 

Chav 343 ^^ Act to authorize the town of north reading to 

BORROW A certain SUM OF MONEY AND TO ISSUE NOTES 

therefor. 

Be it enacted, etc., as follows: 

The town of SECTION 1. For the purpose of paying certain out- 

majbo^row"^ staudiug uotcs amouutiug to nine thousand six hundred 

of monlyfe^. dollars, the town of North Reading 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 one thousand dollars each, and the amount 

of the tenth note shall be six hundred dollars. The^ said 

notes shall be signed by the treasurer and countersigned 

by the selectmen of the town, and shall bear interest 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 



Acts, 1912. — Chaps. 344, 345. 273 

in that year, shall be raised by taxation in the same manner 

in which the other expenses of the town are provided for. 

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

Ayyrovcd March 28, 1912. 

An Act making an appropriation for exterminating (7/ia».344 

DISEASES AMONG HORSES, CATTLE AND OTHER ANBLILS. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one hundred and five Exterminating 
thousand dollars is hereby approjiriated, to be paid out of oattie.etc. 
the treasury of the commonwealth from the ordinary revenue, 
for the extermination of contagious diseases among horses, 
cattle and other animals for the present year and for pre- 
vious years. 

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

Approved March 28, 1912. 



Chap.S4:5 



An Act relative to a board of public works in the 
town of andover. 

Be it enacted, etc., as follows: 

Section 1. The board of public works of the town of S!^|^\°?®'*^ 

1 !• 1 1 • - 1 • 1 I • • abolished. 

Andover, established in accordance with the provisions of 
chapter eighty-three of the acts of the year eighteen hun- 
dred and ninety-nine, is hereby abolished, and the powers 
and duties of its members are terminated. The offices of 
highway surveyor and park commissioner in the said town 
are hereby abolished. 

Section 2. There is hereby established in the town of ^°bi^°f 
Andover a board of public works in which shall be vested the established, 
powers and duties heretofore pertaining to the board of 
public works elected by the said town in accordance with 
the provisions of chapter eighty-three of the acts of the year 
eighteen hundred and ninety-nine. In respect to the con- Powers and 
struction, maintenance and repair of streets, ways, bridges, "*'^^' 
sidewalks, monuments at the termini and angles of roads, 
and guide posts and in the laying out, construction, main- 
tenance and repair of drains, the board of public works 
hereb}" established shall exclusively have the powers, perform 
the duties, and be subject to the liabilities and penalties of 
the selectmen and the surveyor of highways; but all right 
and authority to lay out streets and to grant franchises or 
locations in public ways for electric or other railways shall be 



274 



Acts, 1912. — Chap. 346. 



Election, 
term, etc. 



Vacancy. 



Time of 
taking effect. 



vested in the board of selectmen. The duties, powers and 
authority now vested in the park commissioners shall be 
vested in and exercised by the board of public works. 

Section 3. The members of the board of public works 
hereby established shall be elected at a regular town meet- 
ing or at a special town meeting called for the purpose. 
The board shall consist of five members and at first shall be 
elected, one for a term of one year, two for terms of two 
years each, and two for terms of three years each, from the 
date of the meeting at which they are elected, if the same is 
an annual meeting, and from the date of the next annual 
meeting following their election, if they are elected at a 
special meeting. At each annual town meeting thereafter, 
when the term of any member of the board expires, the town 
shall elect a successor or successors, as the case may be, to 
serve for three years. In all cases the members shall serve 
until their successors are elected. If a vacancy occurs 
before the expiration of a term the town may at a meeting 
duly called for the purpose elect a person to serve for the un- 
expired term. 

Section 4. This act shall not take effect until accepted 
by the town at any annual meeting or at a special meeting 
duly called for the purpose. If the act is accepted at an 
annual meeting, it shall take effect upon its acceptance; 
if the act is accepted at a special meeting, then it shall take 
effect upon such date as shall be fixed by the town at the time 
of the acceptance of the act. Approved March 28, 1912. 



Appropria- 
tion, presiur- 
vation of 
Province town 
harbor. 



C/iap. 346 An Act making an appropriation for the reclamation 

OF the province L.iNDS FOR THE BENEFIT OF PROVINCE- 
TOWN HARBOR. 

Be it enacted, etc., as follows: 

Section 1. The sum of ten thousand dollars is hereby 
appropriated, to be paid out of the treasury of the com- 
monAvealth from the ordinary revenue, to be expended 
during the period of four years after the passage of this 
act, under the direction of the board of harbor and land 
commissioners, for the reclamation of the province lands 
belonging to the commonwealth in the county of Barnstable, 
as a means toward the preservation of Provincetown harbor. 

Section 2. Of the said amount there shall be expended 
not more than one fourth in any one year, except that, if 
less than three quarters of the whole sum hereby appro- 



Expenditures. 



Acts, 1912. — Chaps. 347, 348. 275 

priated shall have been spent during the first three years, 
the remainder of said three quarters may be added to the 
one quarter set apart for the fourth year. 

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

Approved March 29, 1912. 

An Act to provide contingent funds for towns. Chap.S47 
Be it enacted, etc., as follows: 

Section 1. To provide for extraordinary expenditures, contingent 
towns having a finance or appropriation committee may at towns/etc. 
a regular town meeting appropriate a certain sum of money 
to be known as the Contingent Fund. No direct drafts 
against this fund shall be made, but transfers from the fund 
may be voted by the town's finance or appropriation com- 
mittee, and the town treasurer shall make such transfers 
accordingly, and honor drafts against the fund so trans- 
ferred. 

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

Approved March 29, 1912. 

An Act relative to the construction of sewerage Chav.?t4:^ 

WORKS WITHIN THE WATERSHED OF THE CHARLES RIVER 
BASIN BY THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston shall in the year nine- Construction 
teen hundred and thirteen expend four hundred thousand works wTfhin 
dollars and in each of the next four years shall expend four oAhTchSki 
hundred thousand dollars, to be met by loan inside the debt "^'^^ '^''^'°- 
limit, in the construction of sewerage works for the separation 
of the sewage from the surface or storm water, or other 
waters as defined by chapter three hundred and eighty-three 
of the acts of the year nineteen hundred and three, within 
the watershed of Stony brook, or other watershed areas 
tributary to the Charles river basin above the Charles river 
dam between Boston and Cambridge. All branch inter- 
cepting sewers, connections of existing sewers with intercept- 
ing sewers, main drains, sewers and surface drains in any 
street or way in w^hich no such structures exist, sewers or 
surface drains in any street or way where one thereof only 
shall have been built, and all other works for the collection 
or disposal of surface or ground water in said areas, shall be 
included in the term "sewerage works" as used iii this act; 



276 



Acts, 1912. — Chap. 348. 



Approval of 
plans, etc. 



Jurisdiction 
of the courts. 



Appropria- 
tions. 



but extensions of the sanitary sewer system unaccompanied 
at the time by surface drains, while subject to the provisions 
of section two of this act as to authorization and approval, 
shall be paid for out of the fund provided by chapter four 
hundred and twenty-six of the acts of the year eighteen 
hundred and ninety-seven and acts in amendment thereof 
or in addition thereto. 

Section 2. No work shall be done under the authority 
of this act in any district or section within the watershed 
of Stony brook and the other watershed areas herein de- 
scribed until general plans for the disposal of the sewage 
and of surface or ground water of that district or section 
have been presented to, filed with and approved by a board 
to consist of the chairman of the state board of health, the 
chairman of the board of health of the city of Boston and 
the commissioner of public works of said city; and no work 
shall be done in any part of said Stony brook watershed and 
the other watersheds herein described except in accordance 
with plans which have been approved as above provided, 
and in such streets or areas as may be designated in writing 
by said approving board. The officer or board having charge 
of the construction of sewerage works in the city of Boston 
shall first file with the said board a plan showing definitely 
the existing sewers and drains within the watershed of Stony 
brook and the other drainage areas herein described, or in 
such portions of said watersheds and districts as said approv- 
ing board may from time to time designate, and said officer 
or board shall, on or before the thirtieth day of November 
in each year, file with the state board of health a statement 
and plan for record showing clearly the sewers, drains or 
other sewerage works which have been constructed within 
the preceding twelve months. 

Section 3. The supreme judicial court or any justice 
thereof, and the superior court or any justice thereof, shall 
have jurisdiction in equity, on the complaint of the state 
board of health or of any party in interest, to enforce the 
provisions of this act and to prevent any violation thereof. 

Section 4. The city council of said city may, with the 
approval of the mayor, make appropriations each year 
from the annual income and taxes of the city for doing any 
of the work contemplated by this act. 

Section 5. This act shall take effect upon its passage. 

Approved March 30, 1912. 



Acts, 1912. — Chap. 349. 277 



An Act to authorize the city of salem or the board Chav.3A9 

OF PARK COMMISSIONERS ' TO TAKE CERTAIN L.\NDS OR 
FIATS FOR THE ABATEMENT OF A NUISANCE, AND FOR 
PUBLIC PARKS AND PLAYGROUNDS. 

Be it enacted, etc., as follows: 
Section 1. The city of Salem, or the board of park Taking of 

. , , , , 1 p J 1 1 lands or flats 

commissioners may, with the approval or the mayor and in saiem 
city council of said city, take in fee, or acquire by purchase or 
otherwise, such lands or flats in that part of Salem harbor in 
said city lying w^esterly of a line drawn from the most easterly 
part of Pickering's point to the most easterly part of Long 
point, called Palmer's cove, as it may deem necessary for 
the purpose of abating or preventing any nuisance in said 
cove, and of constructing one or more public parks and play- 
grounds; and may make such excavation and filling, and 
erect and maintain such structures in and upon any lands or 
flats acquired hereunder, and in and over the area of any 
tide waters within the limits of such lands or flats as it may 
deem necessary for said purposes, subject to the provisions 
of chapter ninety-six of the Revised Laws and of any amend- 
ments thereof: yromded, however, that no land shall be taken Proviso, 
or purchased, or any other thing involving an expenditure 
of money done, until an appropriation sufficient for the 
estimated expense thereof shall have been made by a vote of 
two thirds of the members of each branch of the city council. 

Section 2. Said city or said board of park commissioners Taking to be 
shall within sixty days after the taking of any lands or flats 
hereunder, file and cause to be recorded in the registry of 
deeds for the southern district of the county of Essex a 
description thereof, sufficiently accurate for identification, 
with a statement signed by the mayor that the same are 
taken in the name and behalf of the city under the pro- 
visions of this act; and the filing thereof shall be sufficient 
notice to all persons that the same have so been taken. 

Section 3. The said city shall pay all damages to prop- Damages. 
erty sustained by any person or corporation by the taking 
of any lands or flats, or by any other thing done by it under 
authority hereof. If the city and such person or corporation 
cannot agree as to the amount so to be paid such person or 
corporation may file a petition against the city in the superior 
court of the county of Essex for a jury to determine the 
damages; and thereupon the same proceedings shall be had 



278 



Acts, 1912. — Chap. 350. 



Proviso. 



City may- 
offer a certain 
sum as 
damages, etc. 



Certain pro- 
visions of law 
to apply. 



Powers 
limited. 



as are provided for in the case of an application for a jury 
to award damages for land taken for the laying out of high- 
ways: provided, that no such application for a jury shall be 
made after the expiration of one year after the taking of 
such lands or flats or the doing of other injury under the 
authority of this act. 

Section 4. In every case of a petition for a jury as afore- 
said the city may at any time file in court an oft'er in writing 
to pay the petitioner a sum therein specified as damages, and 
if he does not accept the same within ten days after notice 
of such offer, and does not finally recover a greater sum 
than is so offered, not including interest, the city shall be 
entitled to recover its costs from said date, and the petitioner, 
if he recovers damages, shall be entitled to costs only to the 
date of the offer. 

Section 5. The provisions of chapter twenty-eight of 
the Revised Laws, and of the amendments thereof relative 
to the improvement, use and government of public parks, 
shall apply to any lands or flats acquired hereunder which 
shall, by vote of the city council of the city, be appropriated 
to the uses of a public park or playground. 

Section 6. The authority herein granted shall cease if 
no part of the lands or flats hereby authorized to be acquired 
have been acquired and improvements thereon begun within 
five years after the date of the passage of this act. 

Section 7. This act shall take effect upon its passage. 

Approved March SO, 1912. 



The Belcher- 
town Water 
Company 
incorporated. 



Chap.350 An Act to incorporate the belchertown water com- 
pany. 

Be it enacted, etc., as follows: 

Section 1. Amasa M. Baggs, Milton C. Baggs and 
Roswell Allen, their associates and successors, are hereby 
made a corporation by the name of the Belchertown Water 
Company for the purpose of supplying the inhabitants of the 
town of Belchertown or any part thereof, with water for 
extinguishment of fires and for domestic, manufacturing and 
other purposes; 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. 
May^acquire SECTION 2. Said Corporation, for the purpose aforesaid, 

waters, etc. may Icasc, take or acquire by purchase or otherwise, and 



Acts, 1912. — Chap. 350. 279 

hold the waters of any ponds, brooks or springs within the 
Hmits of said town not already acquired by the city of 
Springfield, and may obtain and take water by means of 
driven, bored, artesian or other wells on any land within the 
limits of said Belchertown, and convey the waters, or so 
much thereof as may be necessary, 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 M'ay and other easements necessary for 
holding and preserving such water and for conveying the 
same to any part of said town; and may erect on the land 
thus taken or held proper dams, buildings, standpipes, fix- 
tures and other structures, and may make excavations, pro- 
cure and operate machinery, and provide 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, however, that no source Proviso. 
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. 

Section 3. Said company, for the purposes aforesaid, May construct 

find mtiiiitHiin 

may construct, lay and maintain aqueducts, conduits, pipes aqueducts, etc 
and other works, under or over any land, water courses, 
canals, dams, railroads, railways and public or other ways, 
and along any highway or other way in the town of Belcher- 
town, in such manner as not unnecessarily to obstruct the 
same; and for the purpose of constructing, laying, maintain- 
ing and repairing such aqueducts, conduits, pipes and other 
works, and for all other 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. Said company shall not enter upon, con- 
struct or lay any conduits, pipes or other works within the 
location of any railroad corporation, except at such time and 
in such manner as it may agree upon with such corporation, 
or, in case of failure so to agree, as may be approved by the 
board of railroad commissioners. 

Section 4. Said corporation shall, within sixty days DesoriptioD 
after voting to take any lands, rights of way, water rights, takenl^o be 
water sources or easements as aforesaid, file and cause to be ■^'^<""^'*'^'^- 



280 



Acts, 1912. — Chap. 350. 



Damages. 



Distribution 
of water, etc. 



Real estate 
and capital 
stock. 



recorded in the registry of deeds for the county of Hampshire 
a description thereof sufficiently accurate for identification, 
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 source, 
water right 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, and 
failing to agree with said corporation as to the amount 
thereof, may have the same assessed and determined in the 
manner provided by law in the case of land taken for the 
laying out of highways, on application at any time within 
two years after the taking of such land or other property, or 
the doing of any other injury under authority of this act; 
but no such application shall be made after the expiration 
of the said two years. No application 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 corporation may by vote from time to time 
determine what amount or quantity of water it proposes 
to take under this act; in which case any damages caused 
by such taking shall be based upon the said amovint or quan- 
tity until the same shall be increased by vote or otherwise, 
and in such event said corporation shall be liable further only 
for the additional damages caused by such additional taking. 

Section 6. Said corporation may distribute water through 
the town of Belchertown, or any part thereof, may regulate 
the use of the same and may establish and fix from 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 ex- 
tinguishing of fires or for other purposes, as may be agreed 
upon. 

Section 7. Said corporation may, for the purposes set 
forth in this act, hold real estate not exceeding in value five 
thousand dollars, and the capital stock of said corporation 
shall not exceed twenty thousand dollars, to be divided into 
shares of one hundred dollars each. 



Acts, 1912. — Chap. 350. 281 

Section 8. As soon as the capital stock of said company certificate of 
has been fully paid, a certificate of that fact and of the man- caprtXstock to 
ner in which the stock has been paid for and invested, signed ^^ ^^^^' ^^^' 
and sworn to by the president, treasurer, and at least a 
majority of the directors, and approved by the commissioner 
of corporations, shall be filed in the office of the secretary of 
the commonwealth. A conveyance to the corporation of 
property, real or personal, at a fair valuation, shall be deemed 
a sufficient payment for the capital stock to the extent of the 
value of such property, if a statement is included in the 
certificate, made, signed and sworn to by its president, 
treasurer, and a majority of its directors, giving a description 
of such property and the value at which it was taken in pay- 
ment, 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 fully paid. The proceeds of all bonds so issued shall 
be expended only in the extension of the works of the com- 
pany and in payment of expenditures actually made in the 
construction of the works, over and above the amount of 
the capital stock actually fully paid. 

Section 10. Capital stock and bonds hereinbefore an- issue of stock 
thorized shall be issued only in such amounts as may from ^"' ^^ ^•'''*'" 
time to time, upon investigation by the commissioner of 
corporations be deemed by him to be reasonably requisite 
for the purposes 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 is 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- Penalty for 
lutes or diverts any water taken or held under this act, or waTel-^etc! °^ 
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 recovered in an action of 
tort; and upon being convicted of any of the above wilful 



282 



Acts, 1912. — Chap. 351. 



Act to be 
inoperative, 
unless, etc. 



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 12. This act shall cease to be operative four 
years after the date of its passage, unless within that period 
work thereunder is begun. Approved March SO, 1912. 



1887, 81, § 1, 
amended. 



C hap. S51 An Act relative to the waltham firemen's relief 

ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter eighty-one of the 
acts of the year eighteen hundred and eighty-seven is hereby 
amended by striking out all after the word "to", in the 
eighth line, down to and including the word "duty", in the 
tenth line, and inserting in place thereof the following: — 
any member of said association who, while in the performance 
of his duty, pursuant to a fire alarm originating in the city of 
Waltham, and in consequence thereof, has become incapaci- 
tated through illness or injury; of assisting the family or 
heirs of any member who has died in the performance of 
fire duty, or in consequence of injuries or illness incurred 
therefrom; and of establishing and maintaining a fund to be 
known as the "Firemen's Memorial Fund", from which 
shall be paid the expenses incurred in connection with the 
memorial exercises of said association, and those incurred 
in the placing of monuments, markers and flowers on the 
graves of deceased members, — and by striking out the word 
"ten", in the last line, and inserting in place thereof the 
word: — fifteen,- — so as to read as follows:- — Section 1. 
Charles II. Parks, Edgar A. Emerson, Emory H. Brower, 
Freeman C. Hodgdon, Robert Johnson, Atwood J. Jackson, 
Walter B. Lucas, Fred W. Walker, Fred R. Eaton, John R. 
Hutchinson, R. Meinhard Roesger, their associates and 
successors, are hereby made a corporation by the name of 
the Waltham Firemen's Relief Association, for the purpose 
of furnishing aid and assistance to any member of said as- 
sociation who, while in the performance of his duty, pur- 
suant to a fire alarm originating in the city of Waltham, and 
in consequence thereof, has become incapacitated through 
illness or injury; of assisting the family or heirs of any mem- 
ber who has died in the performance of fire duty, or in con- 
sequence of injuries or illness incurred therefrom; and of 



Waltham 

Firemen's 

Relief 

Association 

incorporated. 



Acts, 1912. — Chaps. 352, 353. 283 

establishing and maintaining a fund to be known as the 
"Firemen's Memorial Fund", from which shall be paid 
the expenses incurred in connection with the memorial ex- 
ercises of said association, and those incurred in the placing 
of monuments, markers and flowers on the graves of deceased 
members; with all the powers and privileges and subject 
to all the duties, restrictions and liabilities set forth in the 
general laws which now are or may hereafter be in force re- 
lating to such corporations; and for the purposes aforesaid 
said corporation may hold real and personal property not 
exceeding fifteen thousand dollars in value. 
Section 2. This act shall take eii'ect upon its passage. 

Approved April 1, 1912. 



An Act to authorize advances from the treasury of r'hnrt '\^2 

THE commonwealth FOR EXPENSES OF THE SPECIAL AGENTS 
OF THE BUREAU OF STATISTICS. 

Be it enacted, etc., as follows: 

Section 1. In addition to any other advances provided Advances from 
for by law, the treasurer of the commonwealth is hereby 
authorized to advance such sums from the treasury of the 
commonwealth as may be necessary for the expenses of the 
special agents of the bureau of statistics, under such regula- 
tions as the auditor of the commonwealth may make. 

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

Approved April 1, 1012. 

An Act to authorize the register of probate and in- nj^„j^ q^q 

solvency for the COUNTY OF BRISTOL TO EMPLOY AD- ' 

DITIONAL clerical ASSISTANCE. 

Be it enacted, etc., as follows: 
Section 1. The register of probate and insolvency for clerical 



the county of Bristol shall be allowed for clerical assistance, 
in addition to the amount now allowed by law, a sum not 
exceeding five hundred dollars, to be paid from the treasury 
of the commonwealth upon the certificate of the judge of 
probate and insolvency for said county. 

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

Approved April 1, 1912. 



assistance. 



284 Acts, 1912. — Chaps. 354, 355, 356. 

Chap.S54: An Act to increase the penalty imposed on a railroad 

CORPORATION FOR LOSS OF LIFE THROUGH ITS NEGLIGENCE. 

Be it enacted, etc., as folloivs: 

of*pkrtl' Ite Section sixty-three of Part I, of chapter four hundred and 

amended. ' sixty-thrcc of the acts of the year nineteen hundred and 
six, as amended by chapter three hundred and ninety-two 
of the acts of the year nineteen hundred and seven, is hereby 
further amended by strildng out the words "five thousand ", 
in the thirty-third hne, and inserting in place thereof the 
words: — ten thousand, — so that the last two sentences of 
Penalty in tlic Said scction will icad as follows: — If an emplovee of a 

case of death -i i • i • • ji • p i 

of railroad raili'oad corporatioii, being in the exercise oi due care, is 
empoyee. J^JHed uiidcr such circumstances as would have entitled him 
to maintain an action for damages against such corporation 
if death had not resulted, the corporation shall be liable in 
the sum of not less than five hundred nor more than ten 
thousand dollars, in the same manner as it would have been 
if the deceased had not been an employee. But no executor 
or administrator shall, for the same cause, avail himself of 
more than one of the remedies given by the provisions of 
this section. Ajyprored Aiml 1, 1012. 

Chap.355 An Act relative to the order of arrangement on the 

OFFICIAL BALLOT OF THE NAMES OF CANDIDATES FOR 
ALDERMEN IN THE CITY OF HOLYOKE. 

Be it enacted, etc., as follows: 

Arrangement Section 1. In the city of Ilolyokc the order of arrange- 

candidates mcnt of the namcs of candidates for aldermen upon the 

official ballot shall be determined by lot, the lot to be drawn 

by the city clerk after notification to the candidates, and 

in the presence of the candidates if they desire to be present. 

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

Approved April 1, 1912. 

Chap.S56 ^^ ^^'^ '^^ continue the corporate existence of the 

corona KID COMPANY. 

Be it enacted, etc., as follows: 

Corporate Section 1. The Corporate existence of the Corona Kid 

the CoroiS. Company is hereby continued for three years from the date 

oimpany of tlic passagc of this act for the purpose of prosecuting and 

continued. defending suits by or against it, and of enabling it to settle 



Acts, 1912. — Chap. 357. 285 

and close its affairs, to dispose of and convey its property, 
and to divide its capital stock, anything in the provisions of 
chapter three hundred and forty-seven of the acts of the jear 
nineteen hundred and nine to the contrary notwithstanding. 
Section 2. This act shall take effect upon its passage. 

Approved April 1, 1012. 

An Act relative to the management of savings banks. Ciiap.S57 

Be it enacted, etc., as follows: 

Section thirty of chapter five hundred and ninety of the '""^-^^nfg'^^jgj' 
acts of the year nineteen hundred and eight, as amended by 
section six of chapter six hundred and twenty-two of the acts 
of the year nineteen hundred and ten, is hereby further 
amended by striking out the word "statements", in the 
thirteenth line, and inserting in place thereof the word: — 
statement, — and by striking out the words "Such report", 
in the twenty-sixth line, and inserting in place thereof the 
words : — This statement, or such part thereof as the meet- 
ing may determine, shall be read to the trustees present and 
then, — so as to read as follows: — Section 30. A regular Meetings of 
meeting of the board of trustees of such corporation shall be trustees, etc. 
held at least once in three months, for the purpose of receiving 
the report of its treasurer and for the transaction of other 
business. Special meetings may be called by the president, 
and the clerk shall give notice of special meetings upon request 
in writing of three trustees. A quorum shall consist of not 
less than seven trustees, but less than a quorum may adjourn 
from time to time or until the next regular meeting. At 
each regular meeting the trustees shall cause to be prepared 
a statement showing the condition of the corporation as it 
appears upon its books, in the form of a trial balance of its 
accounts. Such statement shall be entered in a book which 
shall form a part of the records of the bank and a copy of 
such statement shall be posted in a conspicuous place in its 
banking room, where it may easily be read hy the public, 
and shall there remain until the next regular meeting of said 
board. At each regular meeting of the trustees the board of 
investment shall submit a detailed statement in writing of 
all loans made by the corporation, all changes in the property 
or security pledged or the rate of interest charged therefor, 
all purchases or sales of bonds, stocks and notes, all pay- 
ments by the bank of taxes or insurance on mortgaged prop- 
erty since the last regular meeting of the trustees, and all 



286 Acts, 1912. — Chaps. 358, 359. 

loans on which interest is more than three months overdue. 
This statement, or such part thereof as the meeting may de- 
termine, shall be read to the trustees present and then shall 
be filed and preserved with the records of the bank. A record 
shall be made at each meeting of the transactions of the 
trustees and of the names of those present. The trustees shall 
cause to be published semi-annually in a newspaper pub- 
lished in the county in which the corporation is located the 
names of the president, treasurer, members of the board of 
investment and other officers of the corporation charged with 
the duty of investing its funds. The first publication thereof 
shall be within thirty days after the election of said officers, 
and the second publication at the expiration of six months 
therefrom. Approved April 1, 1912. 

Chap.SbS An Act to prevent interference with the militia and 

NAVAL RESERVE AND WITH ENLISTMENT THEREIN. 

Be it enacted, etc., as follows: 

IvM^^thT'^ Section 1. Any person who wilfully either deprives a 

militia, etc. member of the militia or naval reserve of his employment, 
or denies him employment, or prevents his being employed 
by another, or obstructs or annoys him or his employer in 
respect of his trade, business, or employment, because of 
such member's connection with the militia or naval reserve 
or because of his necessary absence from business in per- 
formance of his duty as such member, and whoever dissuades 
any person from enlisting in the militia or naval reserve by 
threat of injury to him in respect of his employment, trade 
or business or of other injury, in ease he shall so enlist, shall 
be deemed guilty of a misdemeanor and upon conviction 
thereof shall be punished by a fine not exceeding five hundred 
dollars, or by imprisonment for a term not exceeding six 
months, or by both such fine and imprisonment. 

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

Approved April 1, 1912. 

Chap.S59 An Act relative to town meetings in the town of 

READING. 

' Be it enacted, etc., as follows: 

1910 276, §1. Section 1. Chapter two hundred and seventy-six of the 
acts of the year nineteen hundred and ten is hereby amended 
by striking out section one. 



Acts, 1912. — Chap. 359. 287 

Section 2. Section two of said chapter two hundred and amendld.^ ^' 
seventy-six is hereby amended by striking out the words 
"to wdiich four hundred or more persons shall have been 
admitted", in the second and third lines, so as to read as 
follows : — Section 2. Any vote passed at an original or Ratification 
adjourned town meetmg shall, upon petition, be submitted 
to the voters at large for ratification at a subsequent town 
meeting, as hereinafter provided, except that votes for mod- 
erator, or for any town, county, state or national officer, or 
on any proposition on which by any special or general law of 
the commonwealth a yea or nay vote is required to be taken 
by ballot, shall be final. No vote subject to ratification 
under the provisions of this act shall take effect until the 
expiration of the time herein limited for filing a petition for 
ratification; nor, if such petition be filed, until after such 
vote shall be ratified in the manner hereinafter provided. 

Section 3. Section three of said chapter two hundred inlelidld.^ ^' 
and seventy-six is hereby amended by striking out the word 
"such", in the second line, and inserting in place thereof 
the word : — • any. 

Section 4. This act shall be submitted for acceptance submission of 
to the legal voters of the town of Reading at any annual ^ 
town meeting, or at a special meeting of the town called for 
the purpose, at some time within two years after the passage 
hereof. At such meeting the polls shall be open for not 
less than eight hours, and the vote shall be taken by ballot, 
in answer to the question " Shall an act passed by the general 
court in the year nineteen hundred and twelve, relative 
to town meetings in the town of Reading and providing for 
the ratification of certain votes passed at such meetings, be 
accepted by the town?" and the affirmative votes of a 
majority of the voters present and voting thereon shall be 
required for its acceptance. If at any meeting so held this 
act shall fail to be accepted, it may, at the expiration of three 
months after any such previous meeting be submitted 
again for acceptance, but not after two years from the pas- 
sage of this act. 

Section 5. So much of this act as authorizes its sub- Time of 
mission for acceptance to the voters of the town shall take ^'■^^^^^ ^^®'=*- 
effect upon its passage, but it shall not take further effect 
until accepted as herein prescribed. 

Approved April 1, 1912. 



288 



Acts, 1912. — Chaps. 360, 361. 



Publication 
of notices of 
sale of 
real estate, 
etc. 



Chap.360 An Act relative to the publication of notices of 

SALE OF REAL ESTATE UNDER EXECUTIONS, UNDER FORE- 
CLOSURE OF MORTGAGES, OR FOR NON-PAYMENT OF TAXES. 

Be it enacted, etc., as follows: 

Section 1. Whenever notice, advertisement or publi- 
cation in connection with the foreclosure of mortgages or 
sales of real estate for non-payment of taxes or under execu- 
tion is required by law, or otherwise, to be made or published 
in a newspaper printed or published in a town, city or county 
within the commonwealth, such notice, advertisement or 
publication shall be sufficient for all purposes if made in a 
newspaper printed or published, or which shall by its title 
page purport to be printed or published, in such town, city 
or county, and which shall have a circulation therein. 

Section 2. All acts and parts of acts inconsistent here- 
with are hereby repealed. Approved April 1, 1912. 



The town of 
Paxton may 
supply itself 
with water. 



Taking of 
water, etc. 



C/iap. 361 An Act to authorize the town of paxton to supply 
itself and its inhabitants with water. 

Be it enacted, etc., as follows: 

Section 1. The town of Paxton may supply itself and 
its inhabitants with water for the extinguishing of fires and 
for domestic and other purposes; with powder to establish 
fountains and hydrants and to relocate and discontinue 
the same, and to regulate the use of such water and to fix 
and collect rates to be paid therefor. 

Section 2. Said town, for the purposes aforesaid, and 
for the purpose of obtaining a supply of water, may take 
directly from Asnebumskit pond, situated in the said town, 
so much of the waters thereof and of the waters that flow into 
and from the same as it may require; and it may take, or 
acquire by purchase or otherwise, and hold any water rights 
connected with said pond, and any springs and streams 
tributary thereto, and the water rights connected with 
any of said sources, and also all lands, rights of way and 
other easements necessary for holding and preserving such 
water and for conveying the same to any part of said town; 
and may erect upon the land thus acquired proper dams, 
canals, reservoirs, stand-pipes, tanks, pumping stations, 
buildings, fixtures or other structures, and for the aforesaid 
purposes may make excavations, procure and operate ma- 



Acts, 1912. — Chap. 361. 289 

chinery and provide such other means and apphances as may 
be necessary for the establishment and maintenance of com- 
plete and effective water works ; and may construct and lay 
and maintain aqueducts, conduits, pipes, pipe lines and 
other works, under or over any land^ water courses, rail- 
roads, railways, public or private ways, and along any such 
way in such manner as not unnecessarily to obstruct the 
same; and for the purpose of constructing, laying, maintain- 
ing, operating and repairing such conduits, pipes and other 
works, and for all proper purposes of this act, said town 
may dig up, raise and embank any such lands, highways or 
other w^ays, under the direction of the selectmen of the 
town in which such ways are situated, in such manner as to 
cause the least hindrance to public travel on such ways: 
provided, however, that there shall be reserved from said ^^''^^^ 
waters sufficient for the town of Leicester to supply itself 
and its inhabitants with w^ater for the extinguishment of 
fires and for domestic and other purposes " whenever the 
legislature shall grant to the town of Leicester the right to 
take water from Asnebumskit pond. The town of Paxton 
shall not enter upon, construct or lay any conduits, pipes or 
other works within the location of any railroad corporation 
except at such times and in such manner as it may agree upon 
with such corporation, or, in case of failure so to agree, as 
may be approved by the board of railroad commissioners. 

Section 3. The town of Paxton shall within ninety days Description 
after the taking of any lands, water rights, water sources, to be 
rights of way, or other easements as aforesaid, file and cause ^^'^^ e , e c. 
to be recorded in the registry of deeds for the county and 
district in which the same are situated a certificate contain- 
ing a description of the property taken sufficiently accurate 
for identification, with a statement of the purpose for which 
the same was taken, signed by the water commissioners 
hereinafter provided for. 

Section 4. The town shall be liable for all damages to Damages, 
property sustained by the commonwealth, by the city of 
Worcester or by any person or corporation by the taking 
of any land, easements, rights in land, water or water rights, 
as aforesaid, or by the construction of any aqueduct, reser- 
voirs or other works by authority hereof, the same to be 
ascertained and determined, so far as the commonwealth is 
concerned, in the manner set forth in chapter four hundred 
and fifty-six of the acts of the year eighteen hundred and 
ninety-seven, and so far as the city and any persons are con- 



290 



Acts, 1912. — Chap. 361. 



Public ways 
flowed to be 
raised, etc. 



Town of 
Paxton Water 
Loan, Act of 
1912. 



cerned, in the manner and within the time hereinafter set 
forth. The city of Worcester or any person or corporation 
sustaining damages as aforesaid under this act, who fails to 
agree with the town of Paxton as to the amount thereof, 
may have the same determined in the manner provided hy 
law in the case of land taken for the laying out of highways, 
on application at any time within a period of three years after 
the taking of such land and other property or the doing of 
any other injury under the authority of this act; but no 
such application shall be made after the expiration of said 
three years. No application for the assessment of damages 
shall be made for the taking of any w^ater, water right or 
water source, or for any injury thereto, until the water is 
actually withdrawn or diverted by said town under the 
authority of this act, nor unless by such diversion the flow 
of water shall perceptibly and materially be diminished in the 
water course from which it is diverted. 

Section 5. If the town of Paxton shall under authority 
of this act construct any reservoir in such manner as to flow 
any existing public way, it shall raise the way to such a grade 
as will make it reasonably safe and convenient for travel, or 
shall build in place of any part of said way so flowed another 
suitable way which shall thereafter be a public way, with all 
necessary fences and culverts, as and in such manner as shall 
be agreed upon by the water commissioners of the town of 
Paxton hereinafter provided for, and the selectmen of the 
said town in which said public way is situated, or, if they 
cannot agree thereon, then in such manner as shall be de- 
termined by the county commissioners on application of 
either party to them, and the county commissioners are 
herein authorized to adjudicate the said matter. 

Section 6. The town of Paxton, for the purposes afore- 
said, may issue from time to time bonds, notes or scrip to an 
amount not exceeding twenty thousand dollars. Such bonds, 
notes or scrip shall bear on their face the words. Town of 
Paxton Water Loan, Act of 1912, shall be payable at the 
expiration of periods not exceeding thirty years from their 
respective 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 counter- 
signed by the selectmen. 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. 



Acts, 1912. — Chap. 361. 291 

Section 7. The town of Paxtou shall, at the time of ^^^'^^''^'^^f 
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 effect has been 
passed, a sum which will be sufficient to pay the principal 
and the interest as it accrues on the said bonds, notes or 
scrip shall without further vote be assessed 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 8. Whoever wilfully or wantonly corrupts, pol- ^ormpuJn'of 
lutes or diverts any water taken or held under this act, or water, etc 
injures any structure, work or other property owned, held or 
used by said town under authority of this act, shall forfeit 
and pay to the town three times the amount of the 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 9. The town of Paxton shall, after the accept- Water com- 
ance of this act, at a legal town meeting called for the pur- election, term, 
pose, elect by ballot three persons to hold office, one until " 
the expiration of three years, one until the expiration of two 
years and one until the expiration of one year from the next 
succeeding annual town meeting, to constitute a board of 
water commissioners; and at each annual town meeting 
thereafter one such commissioner shall be elected by ballot 
for the term of three years. All the authority granted to 
the town of Paxton by this act, and not otherwise specially 
provided for, shall be vested in said board of water com- 
missioners, who shall be subject, however, to such instructions, 
rules and regulations as the town may impose by its vote; 
and a majority of said commissioners shall constitute a 
quorum for the transaction of business relative to the water 
works. Any vacancy occurring in said board from any 
cause may be filled for the unexpired term by the town at 
any legal town meeting held for the purpose. 

Section 10. This act shall take effect upon its accept- Time of 
ance by a majority vote of the legal voters of the town of 
Paxton present and voting thereon by ballot or otherwise 
at any legal meeting of the town called for the purpose 
within five years after its passage; but the number of meet- 



292 



Acts, 1912. — Chaps. 362, 363. 



ings so called in any year shall not exceed three. For the 
purpose of being submitted to the voters of the town this 
act shall take effect upon its passage. 

A Improved A [ml 1, 1912. 



Chap.3Q2 An Act to establish the office of commission clerk in 

THE office of THE SECRETARY OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. The secretary of the commonwealth is hereby 
authorized to appoint an additional permanent clerk in his 
office, to be known as the commission clerk, at a salary of 
fifteen hundred dollars a year, to be allowed and paid from 
the beginning of the present fiscal year. 

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

Approved April 1, 1912. 



Commission 
clerk, 
secretary's 
office. 



19n, 532, § 1. 
amended. 



C/iap. 363 An Act relative to the retirement system of the em- 
ployees OF the commonwealth. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter five hundred and 
thirty-two of the acts of the year nineteen hundred and 
eleven is hereby amended by striking out paragraph (c), 
and inserting in place thereof the following: — (c) The 
word "employees" means permanent and regular employees 
in the direct service of the commonwealth or in the met- 
ropolitan district service, whose only or principal employ- 
ment is in such service, — and by adding at the end of 
paragraph (/) the words : — In the case of employees of any 
department or institution formerly administered by a city, 
county or corporation and later taken over by the com- 
monwealth, service rendered prior to such transfer shall be 
counted as a part of the continuous service for the purposes 
of this act, — so as to read as follows : — Section 1 . In this 
act, unless the context otherwise requires: — 

(a) The words "retirement system" mean the arrange- 
ments provided in this act for the payment of pensions. 

(6) The word "annuities" means the payments for life 
derived from money contributed by the employees. 

(c) The word "employees" means permanent and regular 
employees in the direct service of the commonwealth or in 
the metropolitan district service, whose only or principal 
employment is in such service. 



Certain 
terms and 
words 
defined. 



Acts, 1912. — Chap. 363. 293 

(d) The word "pensions" means the payments for life 
derived from money contributed by the commonwealth. 

(e) The words "regular interest" mean interest at three 
per cent per annum compounded semi-annually on the last 
days of December and June, and reckoned for full three 
and six months' periods only. 

(/) The words "continuous service" mean uninterrupted 
employment, with these exceptions: a lay-off on account of 
illness or reduction of force, and a leave of absence, suspension 
or dismissal followed by reinstatement within one year. 
As to appointees of the sergeant-at-arms the interval be- 
tween sessions of the general court shall not be considered 
as breaking the continuity of service. 

In the case of employees of any department or institution 
formerly administered by a city, county or corporation and 
later taken over by the commonwealth, service rendered prior 
to such transfer shall be counted as a part of the continuous 
service for the purposes of this act. 

Section 2. Section three of said chapter five hundred imendld.^ ^' 
and thirty-two is hereby amended by striking out the word 
"thirty", in the fourth line of paragraph (2), and inserting 
in place thereof the word : — ninety, — and by adding at 
the end of said section the following new paragraph : — (6) 
Employees who are paid partly by the commonwealth and 
partly by a county having a retirement system shall be en- 
rolled as members of the state retirement association. Such 
employees shall be assessed on their full wages or salaries 
and the assessments on the part of such wages or salaries 
paid by the county shall be deducted by the treasurer of the 
county and turned over by him to the retirement association 
fund of the commonwealth. When any such employee is 
retired under the provisions of this act the treasurer of the 
commonwealth shall be reimbursed out of the treasury of 
the county for a part of the pension payments to such em- 
ployee equivalent to the amount of the annuity payable on 
the assessments on that part of his wages or salary paid by 
the county which was deducted and turned over to the re- 
tirement association fund of the commonwealth in the manner 
hereinbefore provided, — so as to read as follows : — - Section organization 
3. A retirement association shall be organized among the associaUon." 
employees of the commonwealth, including employees in the 
metropolitan district service, as follows: 

(1) All employees of the commonwealth, on the date Membership. 
when the retirement system is established, may become 



294 Acts, 1912. — Chap. 363. 

Membership, members 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 writing to the state insurance commissioner that he does 
not wish to join the association. 

(2) All employees who enter the service of the com- 
monwealth after the date when the retirement system is 
established, except persons who have already passed the age 
of fifty-five years, shall upon completing ninety days of serv- 
ice become thereby members of the association. Persons 
over fifty-five years of age who enter the service of the com- 
monwealth 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 
commonwealth 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 commonwealth for any 
reason other than membership in the association. 

(4) Any member who reaches the age of sixty years and 
has been in the continuous service of the commonwealth 
for a period of fifteen years immediately preceding may retire 
or be retired by the board of retirement upon recommenda- 
tion of the head of the department in which he is employed, 
and any member who reaches the age of seventy must so 
retire. 

(5) Any member who has completed a period of thirty- 
five years of continuous service may retire, or may be re- 
tired at any age by the board of retirement upon recommenda- 
tion of the head of the department in which he is employed, 
if such action be deemed advisable for the good of the 
service. 

(6) Employees who are paid partly by the common- 
wealth and partly by a county having a retirement system 
shall be enrolled as members of the state retirement associa- 
tion. Such employees shall be assessed on their full wages 
or salaries and the assessments on the part of such wages or 
salaries paid by the county shall be deducted by the treasurer 
of the county and turned over by him to the retirement 
association fund of the commonwealth. When any such 
employee is retired under the provisions of this act the treas- 
urer of the commonwealth shall be reimbursed out of the 
treasury of the county for a part of the pension payments to 



Acts, 1912. — Chap. 363. 295 

such employee equivalent to the amount of the annuity pay- 
able on the assessments on that part of his wages or salary 
paid by the county which was deducted and turned over to 
the retirement association fund of the commonwealth in 
the manner hereinbefore pro\'ided. 

Section 3. Paragraph (3) of section four of said chapter ion, 532, § 4, 
five hundred and thirty-two is hereby amended by striking 
out the words "of the commonwealth", in the eleventh and 
twelfth lines, and inserting in place thereof the words: — 
that are legal for the investment of the sinking funds of 
the commonwealth, — so that said paragraph will read as 
follows: — (3) The state treasurer shall have charge ^m^l ^n^^^oflhe 
control of the funds of the system, subject to the approval system. 
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: provided, hourver, Proviso, 
that all funds received by him, and not required for ciu'rent 
disbursements, shall be invested in accordance with the pro- 
visions 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 
that are legal for the investment of the sinking funds of the 
commonwealth. He may, whenever he sells such securities, 
deliver the securities so sold upon receixing the proceeds 
thereof, and may execute any and all documents necessary 
to transfer the title thereto. 

Section 4. Paragraph (2) C (h) of section six of said amendld.^ ^' 
chapter five hundred and thirty-two is hereby amended 
by inserting after the word "retired", in the fifth line, the 
words : — and any member who completes thirty-five years 
of continuous service and then or thereafter retires or is re- 
tired, — by inserting after the word "annuity", in the eighth 
line of the same paragraph, the words: — and pension, — 
and by inserting after the word "interest", in the fifteenth 
line of the same paragraph, the words: — In the case of 
employees who are paid partly by the commonwealth and 
partly by a county having a retirement system, or who have 
rendered service in the past both for the commonwealth and 
for such county, all of the continuous service rendered by 
any such employee either for the commonwealth or for the 
county before the establishment of the retirement system 
shall be counted as part of the prior service for the purposes 
of this act. 



296 



Acts, 1912. — Chap. 363. 



Pensions 
based upon 
prior service. 



Continuous 
aervice. 



Husband and 
wife. 



In the case of members of the association related as hus- 
band and wife, if one of the two retires or is retired the other 
shall have the right also to retire, and shall be paid a retiring 
allowance proportionate to the amount of his or her accumu- 
lated contributions to date, or, in case the allowance thus 
calculated is less than the minimum allowance of two hundred 
dollars hereinafter provided for, shall be paid that sum 
annually. 

If the accumulated contributions of any employee re- 
tired under the provisions of this act exceed the amount 
required to provide an annuity equal to one fourth of the 
average wages or salary of such employee during the last ten 
years prior to his retirement, the excess above that amount 
shall be paid to such employee in a lump sum with the first 
monthly payment on the account of his retiring allowance, — 
so that said paragraph (2) C (b), will read as follows: — (b) 
Pensions based upon prior service. Any member of the as- 
sociation who reaches the age of sixty years, having been in 
the continuous service of the commonwealth for fifteen years 
or more immediately preceding, and then or thereafter retires 
or is retired, and any member who completes thirty-five years 
of continuous service and then or thereafter retires or is re- 
tired, 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 an- 
nuity and pension to which he might have acquired a claim 
if the retirement system had been in operation at the time 
when he entered the service of the commonwealth, 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 retire- 
ment, and if such deductions had been accumulated with 
regular interest. 

In the case of employees who are paid partly by the com- 
monwealth and partly by a county having a retirement 
system, or who have rendered service in the past both for the 
commonwealth and for such county, all of the continuous 
service rendered by any such employee either for the com- 
monwealth or for the county before the establishment of the 
retirement system shall be counted as part of the prior service 
for the purposes of this act. 

In the case of members of the association related as hus- 
band and wife, if one of the two retires or is retired the other 
shall have the right also to retire, and shall.be paid a retiring 



Acts, 1912. — Chap. 364. 297 

allowance proportionate to the amount of his or her accumu- 
lated contributions to date, or, in case the allowance thus 
calculated is less than the minimum allowance of two hundred 
dollars hereinafter provided for, shall be paid that sum an- 
nually. 

If the accumulated contributions of any employee retired ^o'^nt^^ut^on^ 
under the provisions of this act exceed the amount required 
to provide an annuity equal to one fourth of the average 
wages or salary of such employee during the last ten years 
prior to his retirement, the excess above that amount shall 
be paid to such employee in a lump sum with the first monthly 
payment on the account of his retiring allowance. 

Any employee who had already reached the age of fifty- Provisions 
five years on the date when the retirement system was of memberaf^ 
established, and also became a member of the association 
may be retired under the provisions of the preceding para- 
graph without having completed the otherwise required serv- 
ice period of fifteen years. For the purpose of computing 
any pension payable for prior service, the board of retire- 
ment may estimate on the basis determined by them the 
wages received at any period for which they may deem it 
impracticable to consult the original records. 

Any employee not a member of the association who had ^g'^X^'^^^^" 
already reached the age of fifty-five years on the date when °^ fifty-five 

. ~ 1 T 1 1 1 • 1 years may be 

the retirement system was established may be retired at any retired at any 
time and shall be paid a pension equivalent to the minimum 
payment hereinafter provided for. 

Approved April 2, 1912. 

An Act to authorize the employment of joseph o'kane Chav.^64i 

IN THE clerical SERVICE OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Joseph O'Kane, who has been for forty-five Joseph o'Kane 
years in the clerical service of the city of Boston as assistant appointed to 
clerk of the common council, clerk of the common council, po^gft^ion^ 
and at present in the mayor's office, may, subject to the 
approval of the mayor, be appointed to any clerical position 
in any department of the said city without undergoing a 
civil service examination. 

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

Approved April 2, 1912. 



298 



Acts, 1912. — Chaps. 365, 366. 



C/iap. 365 An Act to abolish the naval bureau of the militia. 
Be it enacted, etc., as follows: 

Section 1. Paragraph (c) of section eighteen of chap- 
ter six hundred and four of the acts of the year nineteen 
hundred and eight is hereby amended by striking out after 
the words "consist of", the words "the naval bureau", so 
as to read as follows: — 

(c) The naval militia, as at present constituted, shall 
consist of — 

The naval brigade. 

Section 2. Section twenty of said chapter six hundred 
and four is hereby amended by striking out the first and 
second paragraphs and inserting in place thereof the fol- 
lowing: — 

The adjutant general's department shall consist of: — 

The adjutant general, chief of staff; 

1 adjutant general, with the rank of lieutenant colonel; 

1 aid of suitable naval rank; 

2 adjutants general, with the rank of major. 
The inspector general's department shall consist of: — 
1 inspector general, chief of department; 
Not over 6 inspectors general, with the rank of lieutenant 

colonel or equivalent naval ranks; 

Not over 2 inspectors general, with the rank of major; 

Such other inspectors as may be detailed from the active or 
reserve list of the volunteer militia. 

Section 3. Officers eliminated under the provisions of 
this act may on their application retire with their present 
rank. 

Section 4. Section twenty-one of said chapter six hun- 
dred and four is hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Approved April 2, 1912. 



1908, 604, § 18, 
amended. 



Naval brigade. 



1908, G04, § 20, 
amended. 



Adjutant 
general'.-! de- 
partment, 
how con- 
stituted. 



Retirement 
of certain 
officers. 



Repeal. 



C/iap. 366 An Act to authorize the town of monson to construct 

A SYSTEM OF SEWERAGE. 

Be it enacted, etc., as follows: 

Section 1. The town of Monson is hereby authorized 
to lay out, construct, maintain and operate a system or 
systems of main drains and common sewers for a part or 
the whole of its territory, with such connections and other 



The town of 
Monson may 
construct a 
system of 
sewerage. 



Acts, 1912. — Chap. 366. 299 

works as may be required for a system of sewerage and 
sewage disposal; and, for the pm-pose of providing better 
sm^face or other drainage, guarding against pollution of 
waters, and otherwise protecting the pubhc health, may 
lay, make and maintain such main drains as it deems best. 
For the purposes aforesaid the town may within its limits 
deepen, widen and clear of obstruction any brook, stream or 
water course, and may straighten or alter the channels or 
divert the waters thereof, and may lay, make and maintain 
sub-drains, and, with the approval of the state board of 
health, discharge the water into any brook, stream or water 
course within the town. 

Section 2. The town shall elect a board of three com- sewer com- 
missioners, to be called sewer commissioners, who shall be eiectiontTerm, 
citizens and residents of the town and shall be elected by ^^^' 
ballot at a special meeting or at an annual meeting of the 
town, one commissioner to hold office for one year, one for 
two years and one for three j'ears, respectively, from the date 
of the annual town meeting at which he is elected or which 
follows the special meeting at which he is elected, and until 
his successor is elected and qualified; and at each annual 
town meeting thereafter the town shall elect one member of 
the board to serve for three years or until his successor is 
elected and qualified. If a vacancy occurs in the board the 
town may at a meeting called for the purpose elect a person, 
qualified as aforesaid, to fill the vacancy. 

Section 3. Said board of commissioners, acting in behalf f^'^y, acquire 

PI 1 11 1 1 • 1 1 '*""• rights, 

or the town, shall have power to take or acquire, by purchase etc 
or otherwise, any lands in fee and any water rights, rights of 
way and other easements in said town, public or private, 
necessary for any of the purposes mentioned in this act, 
and may construct within the town such main drains and 
sewers under or over any water course, bridge, aqueduct, 
conduit, railroad, railway or way, or within the location of 
any railroad or railway, and may enter upon and dig up any 
private land, highway or other wa,y, or railroad or railway 
location for the purpose of laying such main drains and 
sewers and of maintaining and repairing the same, and may 
do any other thing necessary or proper for the purposes of this 
act: provided, however, that said board shall not take in fee Proviso, 
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 



300 



Acts, 1912. — Chap. 366. 



Description of 
lands, etc., to 
be recorded. 



Town may 
offer a 

specified sum 
for damages, 
etc. 



Monson 
Sewerage Loan, 
Act ot 1912. 



case of failure to agree, as may be approved by the board of 
railroad commissioners. 

Section 4. Said board, in order to take any lands in fee, 
water rights, rights of way or other easements otherwise 
than by purchase or agreement, shall cause to be recorded in 
the registry of deeds for the county of Hampden 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, 
water rights, rights of way or other easements described 
in such statement shall vest in the town of Monson, which 
shall pay all damages therefor and all other damages sus- 
tained b}'^ any person or corporation through any action of 
said board under this act. Said board at the time of such 
taking shall notify the owners thereof in writing, and may 
agree with any person or corporation injured hereunder upon 
the damages sustained by such person or corporation; and 
if the damages are not agreed upon, a jury in the superior 
court for said county may be had to determine the same, 
upon petition of either party, in the manner provided by 
law for determining the damages for land taken for the laying 
out of highways; but in the case of a taking no suit or peti- 
tion shall be brought" after the expiration of two years from 
the date of the recording of the taking as herein provided; 
and in all other cases no suit or petition shall be brought 
after the expiration of two years from the time when the 
cause of action accrues. 

Section 5. In every case of a petition for the assess- 
ment of damages or for a jury, the town may, at any time, 
file in the office of the clerk of the court an offer in writing 
to pay the petitioner a sum therein specified as damages; 
and if the petitioner does not accept the same within thirty 
days after notice of such offer, and does not finally recover 
a sum greater than that offered, not including interest from 
the date of the offer on the sum so recovered, the town shall 
recover costs from the date of such notice, and the petitioner 
shall be entitled to costs only to the said date. 

Section G. The town of Monson, for the purpose of pay- 
ing the necessary expenses and liabilities incurred under 
this act, maj^ incur indebtedness to an amount not exceeding 
one hundred and ten thousand dollars, and may issue from 
time to time therefor bonds or notes; and the debt and 
loan authorized by this act and the bonds or notes issued 



Acts, 1912. — Chap. 366. 301 

therefor shall not be reckoned in determining the statutory 
hmit of indebtedness of the town. Such bonds or notes 
shall bear on their face the words, Monson Sewerage Loan, 
Act of 1912, shall be payable within periods not exceeding 
thirty years from their respective 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, 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 commis- 
sioners, 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 
thereby, less the amount that may be appropriated therefor, 
as provided in the following section, shall without further 
vote be assessed by the assessors of the town in each year 
thereafter, in the same manner in which other taxes are 
assessed, until the debt is extinguished. 

Section 8. The receipts from sewer assessments, and Payment of 

,.,., pii ••!• operating ex- 

from payments made m lieu thereof, and the premmms, if penees, etc 
any, received from the sale of bonds or notes issued under 
authority of this act, shall be applied by the board of sewer 
commissioners to the payment of charges and expenses in- 
cident to the maintenance and operation of said system of 
sewerage, or to the extension thereof, except that the town 
may apply any part of such receipts to the payment of the 
interest upon bonds or notes issued under authority of this 
act and not otherwise provided for, or to the payment or 
redemption of such bonds or notes, as the town shall by vote 
determine, and the said receipts shall be used for no other 
purpose. If the said receipts shall riot in any year be sufficient 
for the purposes aforesaid, the town shall raise forthwith by 
taxation, in the same manner in which money is raised and 
appropriated for other town purposes, the balance required 
therefor. 

Section 9. The town of Monson shall by vote determine Apportion- 
what proportion of the cost of said system or systems of ™^°' °^ ''°^** 



302 



Acts, 1912. — Chap. 366. 



Provisos. 



AssesBment 
to constitute 
a, lien, etc. 



sewerage and sewage disposal said town shall pay: provided, 
that it shall pay not less than one third nor more than two 
thirds of the whole cost. The remaining cost of said system 
or systems shall be borne by the owners of estates situated 
within the territory embraced by them and benefited thereby, 
but no estate shall be deemed to be benefited until a sewer 
is constructed into which it can be drained. The owners of 
such estates shall be assessed by said commissioners their 
proportional parts, respectively, of such portion of the total 
cost of said systems as is not borne by the town as above 
provided. The said board of sewer commissioners shall de- 
termine the value of the special benefit to each of the said 
estates, respectively, from the said system of sewers, taking 
into account all the circumstances of the case, and the pro- 
portionate part to be paid by the owners of the said estates, 
respectively, shall be based upon the amount of the special 
benefit to each estate, determined as aforesaid; and every 
such owner shall, within three months after written notice 
of such assessment, served on him or on the occupants of his 
estate, or sent by mail to the last address of said owner known 
to said commissioners, pay the sum so assessed to the collector 
of taxes of said town; provided, that said board shall, on the 
written request of any such owner, made within said three 
months, apportion such assessment into four equal parts or 
instalments; and said board shall certify such apportionment 
to the assessors of the town, and one of said parts or instal- 
ments, 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 jjrovided, further, that 
nothing herein contained shall be construed to prevent the 
payment at any time in one payment, notwithstanding its 
prior apportionment, of any balance of said assessments 
then remaining unpaid, but interest on such balance at the 
rate of six per cent per annum shall be paid to the date of 
such payment; and thereupon the collector of taxes of said 
town shall receive the same and shall certify such payment 
or payments to the assessors, who shall preserve a record 
thereof. In cases of corner lots and lots abutting on more 
than one sewered street the same area shall not be assessed 
more than once. 

Section 10. An assessment made under the provisions 
of section nine shall constitute a lien upon the estate, which 



Acts, 1912. — Chap. 366. 303 

shall continue for three years after it is made and notice 
served as above p^o^'ided, or, in case of apportionment, until 
the expiration of two years from the time when the last in- 
stalment 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 annimi, 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 Monson against the owner of the estate, brought at any 
time within three years after the same have become due. 

Section 11. Any person aggrieved by any such assess- Person 
ment may at any time within three months after service of app7y for™*^^ 
the notice mentioned in section nine of this act, apply to the J"''i'-^''<'- 
superior court for the county of Hampden for a jury to revise 
the same, but before making such ai)plication he shall give 
fourteen days' notice in writing of his intention so to do to 
the said commissioners, and shall therein particularly specify 
his objection to the assessment, to which specification he 
shall be confined before the jury. 

Section 12. Said board of commissioners shall annually cierkand 
appoint a clerk, and may appoint a superintendent of sewers, entTete*'''^^" 
and may remove said clerk or superintendent at its pleasure. 
The compensation of the commissioners shall be fixed by the 
town. 

Section 13. All contracts made by said board of com- contracts, 
missioners shall be made in the name of the town and shall 
be signed by the board; but no contract shall be made or 
obligation incurred by the commissioners for any purpose 
calling for an expenditure in excess of the amount of money 
appropriated by the town therefor. 

Section 14. Said commissioners may from time to commissioners 
time prescribe rules and regulations for the connecting of ^^b^Ic? 
estates and buildings with main drains and sewers, and for 
the inspection of the materials, the construction, altera- 
tion and use of all connections and drains entering into such 



304 



Acts, 1912. — Chap. 367. 



Plans to be 
approved by 
the state 
board of 
health, etc. 



Town may 
begin con- 
struction, etc. 



Time of 
taking effect. 



main drains or sewers, and may impose penalties not exceed- 
ing twenty dollars for every violation of any such rule or 
regulation. Such rules or regulations shall be published 
not less than once a week for three successive weeks in some 
newspaper published in the town of Monson, if there be any, 
and if not, then in some newspaper published in the county 
of Hampden, 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 or systems 
of sewerage have been approved by the state board of health. 
Upon application to said board for such approval the board 
shall give a hearing, after due notice to the public. At 
such hearing, plans showing in detail all the work to be done 
in constructing said system of sewerage, shall be submitted 
for the approval of the state board of health. 

Section 16. Until said board of commissioners shall 
have been elected as provided in this act, the town may 
carry on the construction of its system of sewerage by a 
duly authorized committee of the town, but for a period 
not longer than until the annual meeting next but one after 
the commencement of said work of construction. Said com- 
mittee shall serve without pay and have all the powers and 
authority given to the board of sewer commissioners in this 
act or by the general laws relating to boards of sewer com- 
missioners. 

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 ma- 
jority of the voters of said town voting thereon at a legal 
meeting called for the purpose. The town may elect said 
board of sewer commissioners at the same meeting at which 
it accepts this act. Approved April 3, 1912. 



Chap. S67 An Act to extend the charter of the chicopee falls 

BUILDING company. 

Be it enacted, etc., as follows: 

Section 1. The Chicopee Falls Building Company, in- 
corporated by chapter three hundred and fifty-three of 
the acts of the year eighteen hundred and eighty-sev^, 
which was limited by its act of incorporation to a tenn of 
twenty-five years, shall be and remain a corporation for a 
further term of five j^ears from the third day of June, nineteen 



Corporate 
authority 
extended. 



Acts, 1912. — Chap. 368. 305 

hundred and twelve, and shall during such further term have 
the powers and privilegesi and be subject to the duties, lia- 
bilities and restrictions set forth in its charter and in the 
general laws now or hereafter in force relating to such cor- 
porations. 

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

Approved April 3, 1012. 



Chap.36S 



An Act to provide for securing earlier returns of 

SCHOOL statistics. 

Be it enacted, etc., as folloivs: 

Section 1. Section one of chapter forty-three of the r. l. 43, § i. 
Revised Laws is hereby amended by striking out the words *""'"''''*^- 
"secretary of the board", in the first line, and inserting in 
place thereof the word: — commissioner, — by striking out 
the word "secretary", in the fifth line, and inserting in place 
thereof the word: — chairman, ^ — by striking out the words 
"secretary of the board", in the eighth line, and inserting 
in place thereof the word : — commissioner, — by striking 
out the words "not more than twelve hundred dollars", in 
the eleventh line, and by inserting after the word "com- 
mittees", in the thirteenth line, the words: — such sums as 
shall be appropriated by the general court annually, payable 
out of the treasury of the commonwealth, — so as to read as 
follows: — Section 1. The commissioner of education shall fcw census. 
send forms for the school census required by section three, ®*'=- 
the school registers, forms for the returns to be made by 
school committees, the annual report of the board and his 
own annual report, as soon as they are ready for distribution, 
to the chairman of the school committee of each city and town, 
who shall, on receipt thereof, deliver them to the several 
persons charged with the duties in connection therewith, and 
send to the commissioner of education a list of the private 
schools in the city or town and the names of their principals. 
The board of education may annually expend for the print- 
ing and distribution of said school registers and forms for 
returns of school committees such sums as shall be appro- 
priated by the general court annually, payable out of the 
treasury of the commonwealth. 

Section 2. Section two of said chapter forty-three is R- l- 43. § 2, 
hereby amended by striking out the word "secretary", in *""""^'^- 
the first line, and inserting in place thereof the word: — chair- 



306 



Acts, 1912. — Chap. 368. 



Notification 
to 1)6 given 
in case of 
failure tio 
receive blank 
forms. 



R. L. 43, § 4, 
amendej. 



Number of 
school 
children to 
be certitied, 
etc. 



man, — by striking ont the word "April", in the third 
line, and inserting in phice thereof the word: — July, — and 
by striking out the words "secretary of the board", in the 
third and fourth lines, and inserting in place thereof the 
word : — commissioner, — so as to read as follows : — Section 
2. The chairman of every school committee who does not 
receive blank forms of inquiry for school returns, on or 
before the fifth day of July, shall forthwith notify the com- 
missioner of education thereof, who shall thereupon transmit 
them to him. 

Section 3. Section four of said chapter forty-three is 
hereby amended by striking out the said section, and insert- 
ing in place thereof the following: — Section 4. The chair- 
man of each school committee shall annually on or before 
the thirty-first day of July transmit to the commissioner of 
education a certificate filled out, signed and sworn to by 
him, containing the following statements : — 

First. The number of persons between the ages of five 
and fifteen years, and the immber of persons between the 
ages of seven and fourteen years, residing in the town (or 
city), according to the school census taken on the first day 
of September, last preceding the date of this certificate. 

Second. The number of persons in the average mem- 
bership of the public schools of the town (or city), for the 
school year last preceding the date of the certificate, as 
determined by the rules of the state school register. 

Third. The amount of money raised by taxation by the 
town (or city), and expended during the school year last pre- 
ceding the date of the certificate for the support of the public 
schools, including the w-ages of teachers, the transi)ortation 
of school children, fuel, the care of fires, schoolrooms and 
school premises, repairs, super\ision, text-books and supplies, 
and school sundries or incidentals, but excluding alterations 
of school buildings, other than repairs, and construction of 
schoolhouses and contributions for the support of public 
schools which may be received from the commonwealth 
or from other sources than local taxation. 

Fourth. That the town (or city) has maintained during 
the school year last preceding the date of the certificate each 
of the schools, as required by section one of chapter forty- 
two of the Revised Laws, as amended by chapter one hundred 
and eighty-one of the acts of the year nineteen hundred and 
eight, and by chapter five hundred and twenty-four of the 
acts of the year nineteen hundred and ten, for a period of not 



Acts, 1912. — Chap. 368. 307 

less than thirty-two weeks, or twenty-eight weeks, if such re- 
duction has been allowed under the provisions of the aforesaid 
section. 

Fifth. That the town (or city) has maintained, during 
the school year last preceding the date of the certificate, a 
high school, as required by section two of said chapter 
forty-two, for a period of months, 

days, as stated. 

The board of education is authorized and directed to Blank forms 
preijare and furnish to school committees suitable forms of furnLhcd. 
the certificate required by this section. 

Section 4. Section five of said chapter forty-three is r. l. 43, § d, 
hereby amended by striking out the word "Ai)ril", in the ''"'^''^'^'^• 
third line, and inserting in place thereof the word : — July, — 
and by striking out the words "secretary of the board", 
in the fourth line, and inserting in place thereof the word : 
— commissioner, — so as to read as follows: — Section 5. registers. 
School committees shall cause the school registers to be 
faithfully kept in all the })ublic schools, and shall annually, 
on or before the last day of July, make returns on the afore- 
said forms of inquiry to the commissioner of education; and 
school committees of towns shall also specify therein the 
purposes to which the money recei\'cd by their respective 
towns from the income of the school fund has been aj^pro- 
priated. In such returns, twenty days, or forty half days 
of actual session, shall be counted as one month. 

Section 5. Section six of said chapter forty-three is r. l. 43, § 6, 
hereby amended by striking out the words "secretary of ^™'^°^'^^- 
said board", in the seventh line, and inserting in place there- 
of the words: — commissioner of education, — so as to read 
as follows : — Scctiuii 0. They shall annually make a de- Report of 
tailed report of the condition of the several public schools, <=°""""^'^'^^^' 
which shall contain any statements or suggestions relative 
to the schools which the committee consider necessary or 
proper. They shall cause said report to be printed, for the 
use of the inhabitants, in octavo, pamphlet form, of the 
size of the annual reports of the board of education, and 
transmit two copies thereof to the commissioner of education 
on or before the last day of April, and shall deposit one copy 
in the office of the city or town clerk. 

Section 6. Section seven of said chapter forty-three is r. l. 43, § 7, 
hereby amended by striking out the words "secretary of '^'"'^"'''"'' 
the board", in the third line, and inserting in place thereof 
the word: — commissioner, — so as to read as follows: — 



308 



Acts, 1912. — Chap. 368. 



Proceeding 
in case of 
failure to 
make return. 



R.L. 43, §8, 
amended. 



Irregular or 

incorrect 

returns. 



R. L. 43, § 9, 
amended. 



Penalty for 
neglect, etc. 



R.L. 43, § 11, 
amended. 



Section 7. If a school committee fails, within the prescribed 
time, to make either the returns or the report required of it 
by law, the commissioner of education shall forthwith notify 
it of such failure, and it shall immediately cause the same 
to be transmitted to him. 

Section 7. Section eight of said chapter forty-three is 
hereby amended by striking out the words " secretary of the 
board", in the second hue, and inserting in place thereof the 
word: — commissioner, — so as to read as follows: — Section 
8. If a return is found to be irregular or incorrect, the 
commissioner of education shall forthwith return it, with a 
statement of all deficiencies therein, to the school committee 
for correction, and it shall promptly correct and return it. 

Section 8. Section nine of said chapter forty-three is 
hereby amended by striking out the words " secretary of the 
board ", in the second line, and inserting in place thereof the 
word: — commissioner, — by striking out the word "May", 
in the third line, and inserting in place thereof the word : — 
August, — and by striking out the word "June", in the 
sixth and tenth lines, and inserting in place thereof the 
word : — September, — so as to read as follows : — Section 9. 
A town whose report or returns do not reach the office of 
the commissioner of education on or before the fifteenth day 
of August shall forfeit ten per cent of the income of the school 
fund to which it would otherwise have been entitled. If such 
report or returns do not reach said office before the first 
day of September, the town's share of said income shall be 
retained by the treasurer and receiver general, and shall be 
added to the principal of the school fund. A town which is 
not entitled to a portion of the school fund, and a city, whose 
report or returns do not reach said office on or before the first 
day of September, shall forfeit to the school fund two hundred 
dollars. 

Section 9. Section eleven of said chapter forty-three 
is hereby amended by striking out the word "secretary", 
in the tenth line, and inserting in place thereof the words : — 
commissioner of education, — by inserting after the word 
"forty-four", in the twentieth and twenty-first lines, the 
words: — as amended by chapter three hundred and twenty 
of the acts of the year nineteen hundred and five, and by 
chapter three hundred and eighty-three of the acts of the 
year nineteen hundred and six, — and by inserting after 
the word "forty-six", in the twenty-first line, the words: — 
as amended by chapter three hundred and thirty of the acts 
of the year nineteen hundred and three, and by chapter two 



Acts, 1912. — Chap. 369. 309 

hundred and twenty of the acts of the year nineteen hundred 
and four, — so as to read as follows: — Section 11. The Keeping of 
several school teachers shall faithfully keep the registers attendance, 
of attendance daily, and make due return thereof to the ®"'' 
school committee or to such person as the committee may 
designate. No teacher of a public school shall receive pay- 
ment for services for the two weeks preceding the close of 
any term until the register, properly filled up and completed, 
is so returned. All registers shall be kept at the schools, and 
at all times during school hours shall be open to the inspection 
of the school committee, the superintendent of schools, the 
truant officers and the commissioner of education and agents 
of the board of education. In reckoning the average mem- 
bership and the percentage of attendance in the schools, no 
pupil's name shall be omitted in counting the number of 
persons belonging to the school and the nimlber of absences 
of such persons until it is known that such pupil has with- 
drawn from the school without intention of returning or, 
in the absence of such knowledge, until ten consecutive days 
of absence have been recorded; but the foregoing provision 
for computing the a^Trage membership and the percentage 
of attendance shall not affect proceedings against habitual 
truants, absentees or school offenders, or other persons, under 
the provisions of section one of chapter forty-four, as amended 
by chapter three hundred and twenty of the acts of the year 
nineteen hundred and five, and by chapter three hundred 
and eighty-three of the acts of the year nineteen hundred and 
six, and sections three, four and five of chapter forty-six, as 
amended by chapter three hundred and thirty of the acts of 
the year nineteen hundred and three, and by chapter two 
hundred and twenty of the acts of the year nineteen hun- 
dred and four. A pupil who is not present during at least 
half of a session shall be marked and counted as absent for 
that session. 
Section 10. This act shall take effect upon its passage. 

Ajyproved Ajml 3, 1912. 

An Act relative to the occupation of buildings in the nhnry 369 

CITY OF boston UNTIL MEANS OF EGRESS HAVE BEEN 
PROVIDED SATISFACTORY TO THE BUILDING COMMISSIONER. 

Be it enacted, etc., as follows: 

Section 1. Section twelve of chapter five hundred and i907, 550. § 12, 
fifty of the acts of the year nineteen hundred and seven is 



310 Acts, 1912. — Chap. 370. 

hereby amended by adding at the end of the seventh para- 
graph thereof the following : — No building hereafter erected 
shall be occupied or permitted to be occupied until said 
means of egress have been provided in accordance with plans 
and drawings approved by the building commissioner, — so 
that said paragraph seven as amended will read as follows: 
e^reM etc — Evcry buildiug shall have, with reference to its height, 
condition, construction, surroundings, character of occupa- 
tion and number of occupants, reasonable means of egress 
in case of fire, satisfactory to the commissioner, except that 
in all factories or workshops hereafter built or altered, of 
second class construction, where ten or more persons are 
employed above the second floor, one exit shall consist of a 
fireproof stairway enclosed in incombustible material. No 
' building hereafter erected shall be occupied or permitted to 
be occupied until said means of egress have been provided 
in accordance with plans and drawings approved by the 
building commissioner. 

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

Ajjproved Ayril 3, 1912. 



Chav.370 An Act relative to places of public assembly in the 

CITY OF BOSTON. 

Be it enacted, etc., as follows: 

1907, 550, § 105, Section 1. Section one hundred and five of chapter five 
hundred and fifty of the acts of the year nineteen hundred 
and seven is hereby amended by adding at the end thereof 
the following: — All seats in places of public assemblage shall 
be spaced as hereinbefore provided, and, while said places 
of public assemblage are occupied by an audience shall be 
secured in such manner as will be satisfactory to the building 
commissioner of the city of Boston. No temporary seats or 
other obstructions shall be allowed in any aisle, passageway 
or stairway of a place of public assemblage, and no person 
shall remain in any aisle, passageway or stairway of any 
such building during any performance, — so as to read as 
Places of pub- follows: — Sectio7i 105. Every building hereafter erected 
to be of with a hall or assembly-room to coiitain a public audience 

Bt^ucUonl^tc. of more than eight hundred persons, or with more than one 
superimposed gallery or balcony, shall be of fireproof con- 
struction throughout; except that halls or assembly-rooms, 
the mean level of the main floor of which is not more than five 



Acts, 1912. — Chap. 371. 311 

feet above the grade of the adjacent street, may have roofs 
of second chiss construction. 

Every building hereafter erected with a hall or assembly- Certain buiid- 
room to contain an audience of more than six hundred per- ot fireproof 
sons, the main floor of which is raised more than fifteen feet '"^"'^ 
above the level of the principal street upon which it faces, 
shall be of fireproof construction throughout. 

The capacity of a hall or assembly-room shall be estimated as^g^mbiy °^ 
on the basis of six square feet for each person. rooms. 

If several halls or assemlily-rooms are provided in one 
building, their aggregate capacity shall be considered as 
determining wdiether or not the building shall be of fire- 
proof construction, unless the several halls are enclosed 
by or separated from each other by fireproof walls, with 
fireproof doors in the same, in which case the building may 
be of second class construction. 

No existing building shall be altered to contain a hall or 
assembly-room exceeding the foregoing dimensions, unless 
the whole building as altered shall conform to the provisions 
of this act. 

All seats in places of public assemblage shall be spaced gpP'^ts'^e^^c*'^ 
as hereinbefore provided, and, while said places of public 
assemblage are occupied by an audience, shall be secured in 
such manner as will be satisfactory to the building com- 
missioner of the city of Boston. No temporary seats or other 
obstructions shall be allowed in any aisle, passagewaj^ or 
stairway of a place of public assemblage, and no person shall 
remain in any aisle, passageway or stairway of any such 
building during any performance. 

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

Ajyproved April 3, 1912. 



Chap.37l 



An Act relative to the sewerage works of the city 

of boston. 

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter four hundred and isoy, 420, §7, 
twenty-six of the acts of the year eighteen hundred and '^ "' ^""'" 
ninety-seven, as amended by section three of chapter four 
hundred and fifty of the acts of the year eighteen hundred 
and ninety-nine is hereby further amended by striking out 
the words "sections sixteen and seventeen of chapter three 
hundred and twenty-three of the acts of the year eighteen 



312 



Acts, 1912. — Chap. 371. 



Assessment 
upon estates 
benefited, etc. 



Proviso. 



Application 
of provisions 
of act. 



Not to operate 
as a repeal, etc. 



hundred and ninety-one", in the seventeenth, eighteenth 
and nineteenth hnes of said section seven, and inserting in 
place thereof the words : — section seven of chapter three 
lumdred and ninety-three of the acts of the year nineteen 
hundred and six, — so that the said section seven will read 
as follows: — Section 7. The board of street commissioners 
of said city at any time within two years after any new sewer 
or drain for the collection or disposal of sewage or of surface 
or ground water is completed, shall assess upon the several 
estates especially benefited by such sewer or drain, a pro- 
portional part of the cost thereof, not exceeding in amount 
the sum of four dollars per linear foot. Any such assessment 
which shall be found to be invalid and is unpaid, or which 
shall have been recovered back, may be re-assessed by said 
board to the amount for which and to the person to whom the 
original assessment ought to have been made. Every such 
re-assessment and every such original assessment shall be 
a lien upon the estate assessed or re-assessed for two years 
after such assessment or re-assessment, and shall be col- 
lected and paid into the city treasury in conformity with 
the provisions of section seven of chapter three hundred 
and ninety-three of the acts of the year nmeteen hundred and 
six, and acts in amendment thereof or in addition thereto. 
Said board may assess upon any estate heretofore or hereafter 
connected with a public sewer a reasonable part of the cost 
of construction thereof: 'provided, that no owner of the estate 
has paid for such sewer or has paid any assessment for 
its construction. Every such assessment may be revised 
and corrected by said board of street commissioners, and such 
assessments and revised and corrected assessments shall be 
subject to an appeal to the superior court in the manner 
provided for appeals from the board of assessors in the case 
of taxes, and they shall not be affected by the provisions of 
the statute requiring the filing of a list of estates liable to 
taxation as a prerequisite to an appeal. 

Section 2. The provisions of this act shall apply to all 
assessments made after the passage thereof and to all assess- 
ments theretofore made but not yet apportioned. 

Section 3. The provisions of this act shall not be held 
to operate as a repeal, either in whole or in part, of the pro- 
visions of chapter five himdred and twenty-six of the acts of 
the year nineteen hundred and two. 

Approved April 3, 1912. 



Acts, 1912. — Chaps. 372, 373. 313 

An Act to authorize the arrest without warrant of r*/,^,^ 070 

PERSONS found COMMITTING MISDEMEANORS IN CERTAIN 
PL.A.CES. 

Be it enacted, etc., as follows: 

Section 1 . Any officer qualified to serve criminal process Arrest 
may, Avithin his jurisdiction, arrest without a warrant any warrant. 
person found in the act of committing any misdemeanor in 
or upon any of the rivers, harbors, bays, or sounds within the 
commonwealth. 

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

Aiyproved April 2, 1912. 



Chap.S7S 



An Act to authorize the town of Manchester to con- 
struct A SYSTEM OF SEWERAGE. 

Be it enacted, etc., as follows: 

Section 1. The town of INIanchester is hereby authorized J^^^ t°^;° °^ 
to lay out, construct, maintain and operate a system or may construct 
systems of main drains and common sewers for a part or the ^^e^r^^.° 
whole of its territory, with such connections and other works 
as may be required for a system of sewerage and sewage 
disposal; and, for th« purpose of providing better surface 
or other drainage, guarding against pollution of waters, and 
otherwise protecting the i)ublic health, may lay, make and 
maintain such main drains as it deems best. For the pur- 
poses aforesaid the town may within its limits deepen, widen 
and clear of obstruction any brook, stream or water course, 
and may straighten or alter the channels or divert the 
waters thereof, and may lay, make and maintain sub-drains, 
and, with the approval of the state board of health, dis- 
charge the water into the ocean, or 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 etection!""'' 
citizens and residents of the town, and shall be elected by t'^™^-'^**'- 
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 



314 



Acts, 1912. — Chap. 373. 



May take 
lands or 
flats, etc. 



Proviso. 



Description 
of taking to be 
recorded, etc. 



the board, to serve for three years or until his successor is 
chosen and quahfied. 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- 
ing in behalf of the town, shall have the powder to take or 
acquire, by purchase or otherwise, any lands or flats in fee 
and an}^ water rights, rights of way and other 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 flats, w'ater 
course, bridge, acqueduct, conduit, railroad, railway or way, 
or within the location 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 lay- 
ing such main drains and sewers, and maintaining and re- 
pairing the same, and under the direction of the selectmen of 
the said town may enter upon and dig up any public ways in 
said town in such manner as to cause the least hindrance 
to public travel thereon, and may do any other thing necessary 
or proper for the purposes of this act : i^romded, however, that 
said board shall not take in fee any land of a railroad cor- 
poration, and that it shall not enter upon or construct any 
drains or sewers within the location ofany railroad corpora- 
tion, except at such time and in such manner as they may 
agree upon with such corporation, or, in case of failure to 
agree, as may be approved by the board of railroad com- 
missioners. 

Section 4. Said board of sewer commissioners, in order 
to take any lands in fee, water rights, rights of way or other 
easements, shall cause to be recorded in the registry of deeds 
for the southern district of the county of Essex 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, flats, 
water rights, rights of way or other easements described in 
such statement shall vest in the town of Manchester, which 
shall pay all damages therefor and all other damages sus- 
tained by any person or corporation through any action of 
said board under this act. Said board, at the time of such 
taking, shall notify the owners thereof in writing, and may 
agree with any person or corporation injured hereunder upon 
the damages sustained by such person or corporation; and 



Acts, 1912. — Chap. 373. 315 

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 pe- 
tition 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 assessment J^^r""""*^ 
of damages or for a jury, the town may at any time file in ^^£^^^^1^™^^, 
the office of the clerk of the court an offer in writing to pay 
the petitioner a sum therein specified as damages; and if the 
petitioner does not accept the same within thirty days after 
notice of such offer, and does not finally recover a sum 
greater than that offered, not including interest from the 
date of the offer on the sum so recovered, the town shall 
recover costs from the date of such notice, and the petitioner 
shall be entitled to costs only to such date. 

Section 6. The town of Manchester shall by vote deter- Town to pay 

. . - !• • 1 certain pro- 

mine what proportion or the cost ot said system or systems portion of 
of sewerage and sewage disposal the town shall pay: 2^'"^- provL? 
vided, that it shall pay not less than two thirds of the whole 
cost. In providing for the payment of the remaining por- 
tion of the cost of said system or systems the town may 
avail itself of any or all the methods permitted by general 
laws, and at the same meeting 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 per- 
mitted by general laws the remaining portion of the said cost 
shall be provided for. In case it determines that such re- 
maining portion of said cost is to be provided for, wholly 
or in part, by assessments upon the owners of estates situ- 
ated within the territory embraced by said system or sys- 
tems 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 determined 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 the amount of such assessments the 
said board shall determine the value of the special benefit 
to each of said estates, respectively, from the said system 



316 



Acts, 1912. — Chap. 373. 



Provisos. 



Assessment to 
constitute a 
lien, etc. 



or systems of sewers, taking into account all the circum- 
stances 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, deter- 
mined as aforesaid; and everj'^ such owner shall, within three 
months after written notice of such assessment, served on him 
or on the occupant of his estate, or sent by mail to the last 
address of such owner known to said board of sewer commis- 
sioners, pay the sum so assessed to the collector of taxes of 
said town; iwovided, that said board shall, on the written 
request of any such owner made within the said three months, 
apportion such assessments into ten equal parts or assess- 
ments; and said board shall certify such apportionment to 
the assessors of the town, and one of the said parts or instal- 
ments, 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 said parts have been so added, unless sooner paid as 
hereinafter provided, and provided, further, that nothing 
herein contained shall be construed to prevent the payment 
at any time in one payment, notwithstanding its prior ap- 
portionment, of any balance of said assessments then re- 
maining unpaid, but interest on such balance at the rate of 
six per cent per annum shall be paid to the date of such pay- 
ment, and thereupon the collector of taxes of said town 
shall receive the same and shall certify such payment or 
payments to the assessors who shall preserve a record thereof. 
In case 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 of this act 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 any case of apportion- 
ment, until the expiration of two years from the time when 
the last instalment is committed to the collector of taxes; 
and said assessment, if not paid within three months after 
service of said notice, or, if apportioned, within three months 
after any part has become due, may, together with the 
interest thereof 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 



Acts, 1912. — Chap. 373. 317 

be conducted in tlie 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 assessment or parts thereof may also be 
collected by an action of contract in the name of the town of 
Manchester against the owner of the estate, brought at any 
time within three years after the same have become due. 

Section 8. Any person aggrieved by any such assessment Person ag- 
may at any time within three months after service of the apply for a 
notice mentioned in section six of this act apply to the supe- ■'"'"^•*^ ''• 
rior court of said county 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 board 
of sewer commissioners, and shall therein particularly specify 
his objection to the assessment, to which specification he shall 
be confined before the jury. 

Section 9. The town of Manchester, for the purpose of Manchester 

,,.,.,...,, Sewerage Loan, 

paymg the necessary expenses and liabilities incurred under Act of 1912. 
this act, may incur indebtedness to an amount not exceeding 
two hundred and fifty thousand dollars, and may issue from 
time to time bonds or notes therefor; and the debt and loans 
authorized by this act and the bonds or notes issued therefor 
shall not be reckoned in determining the statutory limit of 
indebtedness of the town. Such bonds or notes shall bear 
on their face the words, Manchester Sewerage Loan, Act 
of 1912, shall be payable within periods not exceeding 
thirty years from their respective 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 board of sewer commissioners. 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 aforesaid. 

Section 10. 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 
thereby, less the amount that may be appropriated therefor 
as provided in the following section, shall without further 



318 



Acts, 1912. — Chap. 373. 



Payment of 
operating 
expenses, etc. 



Appointment 
of clerk and 
superintend- 
ent. 



Contracts. 



Rules and 

regulations, 

etc. 



Plans to lie 
approved by 
the state board 
of health. 



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 11. The receipts from sewer assessments and 
from payments made in Heu thereof, and the premiums, 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 S}'stem of sewerage, or to the ex- 
tension thereof, except that the town may apply any part 
of such receipts to the payment of the interest upon bonds 
or notes issued under authority of this act and not otherwise 
provided for, or to the payment or redemption of such bonds 
or notes, as the town shall by vote determine, and the said 
receipts shall be used for no other purpose. If such receipts 
shall not in any year be sufficient for the purposes aforesaid 
the town shall raise forthwith by taxation, in the same 
manner in which money is raised and appropriated for other 
town purposes, the balance required therefor. 

Section 12. Said board of sewer commissioners shall 
annually appoint a clerk, and may appoint a superintendent 
of sewers, and may remove said clerk or superintendent at 
its pleasure. The compensation of said board shall be fixed 
by the town. 

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 calling for an exj^enditure 
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- 
ing with main drains and sewers, and for the inspection of 
the materials, the construction, alteration and use of all con- 
nections 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 INIanchester, if there be any, and if not then in 
some newspaper published in the county of Essex, 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 



Acts, 1912. — Chap. 374. 319 

have been approved by the state board of health. Upon 
apphcation to the state board of health for snch 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 The town may 
shall have been elected as provided in this act, the town may construcUon, 
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 general laws relating to boards of sewer com- 
missioners. 

Section 17. This act shall take effect upon its passage, xime of taking 
but no expenditures shall be made and no liability incurred ^ ^'^ '^ ^■ 
hereunder until this act has been accepted by a vote of a 
majority of the voters of the said town voting thereon at a 
legal meeting called for the purpose. 

Approved April 3, 1912. 



C/iap. 374 



An Act to establish the office of city forester in the 
city of malden. 

Be it enacted, etc., as follows: 

Section 1. The mayor and aldermen of the city of office of city 
Maiden shall within sixty days after the acceptance of tabiished. 
this act, as hereinafter provided, appoint a person to be city 
forester, whose term of office shall expire on the first day 
of March in the year nineteen hundred and thirteen, and 
shall thereafter in the month of January or February in each 
year, appoint a person as city forester, whose term of office 
shall be one year from the first day of March next succeeding 
his appointment. The city forester appointed under this 
act shall hold office imtil a successor is chosen and qualified, 
but he may be removed by the maj'or and aldermen at any 
time for cause. Any vacancy may be filled by the mayor 
and aldermen at any time. The city forester shall receive 
such compensation as may be fixed by the city council. 

Section 2. The city forester appointed in accordance Powers and 
with the provisions of this act shall have all the powers and " "^''' ^ '^' 
privileges and be subject to the duties and obligations per- 



320 



Acts, 1912. — Chap. 375. 



Repeal. 



Subject to 
acceptance 
by the city 
council. 



Time of taking 
effect. 



taining to a local superintendent for the suppression of 
gypsy and brown tail moths for the city of JNIalden, ap- 
pointed under chapter one hundred and fifty of the acts of 
the year nineteen hundred and ten, and shall destroy the 
eggs, caterpillars, pupae and nests of the gypsy and brown 
tail moths within the public parks, public cemeteries and 
other public grounds of said city. He shall have the care 
and management of shade and ornamental trees standing 
in or upon any of the public streets of the city, and shall 
have all the powers and privileges and be subject to the 
duties and obligations imposed upon city officials charged 
with the care of shade trees, under the provisions of chapter 
three hundred and sixty-three of the acts of the year nine- 
teen hundred and ten, and may have the care and manage- 
ment of shade and ornamental trees standing in or upon 
public parks and other public grounds of the city, w'hen so 
requested by the officers or boards charged by law with the 
care and control of the same. The city forester shall have 
such other powers and duties, not inconsistent with law, 
as the city council shall from time to time by ordinance pre- 
scribe. 

Section 3. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

Section 4. This act shall be submitted to the city council 
of the city, and shall take effect upon its acceptance by a 
two thirds vote of the members present and voting, in each 
branch, and upon the approval of the mayor. 

Section 5. So much of this act as authorizes its sub- 
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. Apyroved April 3, 1912. 



C hap. S7 5 -^N Act relative to the supervision by the board of 

RAILROAD commissioners OF R.\ILROADS FOR PRIVATE 
USE. 

Be it enacted, etc., as follows: 

Section two hundred and fifty-two of Part II of chapter 
four hundred and sixty-three of the acts of the year nineteen 
hundred and six is hereby amended by adding at the end 
thereof the following: — The board of railroad commissioners 
may, upon the complaint of any party interested, or upon its 
own motion, exercise supervisory powers over all railroads 



1906, 463, § 252, 
Part II. 
amended. 



Acts, 1912. — Chap. 376. 321 

for private use with regard to the eharacter and condition 
of the roadbed, tracks, crossings, rolHng stock, machinery, 
equipment and appHances used in or in connection with the 
operation of such railroads, so far as is reasonable and ex- 
pedient to promote the security of persons employed in the 
maintenance and operation of the same and of the public, — 
so as to read as follows : — Section 252. If the consent of Railroads for 
the board of railroad commissioners is required for the 
crossing of a way or travelled place by a railroad for private 
use, it may limit the number of tracks, and may impose other 
conditions relative to the use of the crossing by said railroad, 
and may modify such limitations and conditions The board 
of railroad commissioners may, upon the complaint of any 
party interested, or upon its own motion, exercise supervisory 
powers over all railroads for private use with regard to the 
character and condition of the roadbed, tracks, crossings, 
rolling stock, machinery, equipment and appliances used in 
or in connection with the operation of such railroads, so far 
as is reasonable and expedient to promote the security of 
persons employed in the maintenance and operation of the 
same and of the public. Ajjproved April 3, 1912. 



An Act making appropriations for salaries and expenses ^i o^n 

IN THE DEPARTMENT OF THE STATE BOARD OF AGRICULTURE ^' 
AND FOR SUNDRY AGRICULTURAL EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth agricuit^e^ °^ 
from the ordinary revenue, for the state board of agriculture 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit: — 

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

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

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

For travelling and other necessary expenses of the secretary. Expenses of 
a sum not exceeding five hundred dollars. secretary. 

For additional clerical assistance, and for lectures before clerical 
the board at its annual and other meetings, a sum not exceed- ^®^'^*^*''''®' 
ing sixteen hundred dollars. 

For printing and binding the annual report, a sum not ex- Annual report. 
ceeding six thousand dollars. 



322 



Acts, 1912. — Chap. 376. 



Incidental 
expenses. 



Travelling 
expenses. 



Disseminating 
information. 



Bounties to 
agricultural 
societies. 

Breeding of 
poultry. 

Orcharding. 



Dairy bureau, 

executive 

officer. 

General agent. 

Assistants, 

etc. 



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

For travelling and other necessary expenses of the members, 
a sum not exceeding thirteen hundred dollars. 

For disseminating useful information in agriculture by 
means of lectures at farmers' institutes, a sum not exceeding 
six thousand dollars. 

For bounties to agricultural societies, a sum not exceeding 
eighteen thousand six hundred dollars. 

For bounties to encourage and improve the breeding of 
poultry, the sum of one thousand dollars. 

For the encouragement of orcharding, the sum of five 
hundred dollars. 

DAIRY BUREAU. 

For the salary of the executive officer, five hundred dollars. 

For the salary of a general agent, eighteen hundred dollars. 

For assistants, experts, chemists, agents and other necessary 
expenses, including the printing of the annual report, a sum 
not exceeding eight thousand dollars. 



State nursery 
inspectors. 

Importation 
of nursery 
stock. 



Inspector of 
apiaries. 

Ornithologist. 



Expenses of 
ornithologist. 



MISCELLANEOUS. 

For compensation and expenses of the state nursery in- 
spectors, a sum not exceeding two thousand dollars. 

For expenses in connection with the importation of nurs- 
ery stock from other states, provinces or countries, a sum 
not exceeding ten thousand dollars. 

For compensation and expenses of the inspector of apiaries, 
a sum not exceeding two thousand dollars. 

For the salary of the state ornithologist, five hundred dol- 
lars. 

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



Cattle bureau, 
chief. 
Clerk. 
Travelling 
expenses, etc. 



CATTLE BUREAU. 

For the salary of the chief, eighteen hundred dollars. 

For the salary of the clerk, twelve hundred dollars. 

For travelling and other expenses, including extra clerks 
and stenographers, stationery, and the printing and binding 
of the annual report, a sum not exceeding five thousand 
dollars. 



Acts, 1912. — Chaps. 377, 378. 323 

For the compensation of inspectors of animals, a sum not ^°f^®^[g°" °^ 
exceeding seventy-seven hundred dollars. 
Section 2. Tliis act shall take effect upon its passage. 

AyyToved April 3, 1912. 



An Act to provide for the registration of bonds and Chap. S77 

OTHER securities HELD BY THE SINKING FUND COMMIS- 
SIONERS OF COUNTIES, CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Section 1. A county, city or town or any corporation Registration 
organized under the laws of this commonwealth which shall by s'inkfng*' 
have issued any bond, note or certificate of indebtedness mi^sioners. 
payable to bearer which is held by the sinking fund com- 
missioners of any county, city or town, shall, at the request 
of any such sinking fund commissioners, issue in exchange 
therefor a bond, note or certificate of the same effect, payable 
to the sinking fund commissioners of such county, city or 
town by name: provided, that the county, city or town Proviso. 
desiring such exchange shall furnish the blank form, if re- 
quested, for such bond, note or certificate for making the 
said exchange, such blank form to be in the same general 
form as that furnished by the commonwealth under chapter 
one hundred and thirty-six of the acts of the year nineteen 
hundred and nine. 

Section 2. A county, city or town or corporation which Penalty, 
neglects or refuses to issue a bond, note or certificate in ac- 
cordance w^th the provisions of this act, when requested so 
to do by the sinking fund commissioners of any county, city 
or town, shall be subject to a penalty of not more than fifty 
dollars. 

Section 3. This act shall take effect upon its passage. 

Approved April 3, 1912. 



An Act to establish the minimum salaries of the fi.^^ 070 

JUDGES AND REGISTERS OF PROBATE AND INSOLVENCY FOR 
THE COUNTIES OF DUKES COUNTY AND NANTUCKET. 

Be it enacted, etc., a^ follows: 

The minimum annual salary of the judge and register of Minimum 
probate and insolvency for the county of Dukes County certain judges 
and for the county of Nantucket shall be one thousand dol- of'pro^bate!'^^ 

etc. 



324 



Acts, 1912. — Chaps. 379, 380. 



1911, 614, § 11, 
amended. 



Penalty for 
false repre- 
sentation in 
certain cases, 
etc. 



lars for the judge and nine hundred dollars for the register, 
to be so allowed from the first day of January, nineteen hun- 
dred and twelve. Approved Ap>ril 3, 1912. 

Chap.379 An Act relative to the registration of hunters. 

Be it enacted, etc., as follows: 

Section eleven of chapter six hundred and fourteen of 
the acts of the year nineteen hundred and eleven is hereby 
amended by striking out the word "other", in the thirteenth 
line, so as to read as follows: — Section 11. Any person 
who makes a false representation as to birthplace, require- 
ments for identification, or of facts relative to property 
qualifications, or naturalization, or otherwise violates 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 may be punished by both such fine and imprison- 
ment. Every person convicted of violating the game law^s 
shall immediately surrender to the officer who secures such 
conviction his certificate of registration; and the officer shall 
forthwith forward said certificate to the commissioners on 
fisheries and game, who shall cancel the same and notify the 
clerk issuing the certificate of registration of the cancellation. 
No certificate of registration shall be issued to such person 
so convicted during a period of one year after the date of 
conviction. Approved April 3, 1912. 



R. L. 223, § 29, 
amended. 



C/iap. 380 An Act to regulate the salaries of the minor offi- 
cers AT the reformatory FOR WOMEN. 

Be it enacted, etc., as folloivs: 

Section 1. Section twenty-nine of chapter two hundred 
and twenty-three of the Revised Laws, relative to officers 
at the reformatory for women, is hereby amended by strik- 
ing out the word "prison", in the first line, and insertirig in 
place thereof the word : — reformatory, — and by striking 
out the words "assistant matrons and deputy matrons", in 
the third line, so as to read as follows : — Section 29. The 
officers of said reformatory shall be a superintendent, deputy 
superintendent, chaplain, physician, clerk, as many matrons, 
not exceeding twenty-six, as the superintendent and the 
commissioners may judge necessary. All said officers shall be 
women, except that the superintendent may be either a man 
or a woman. 



Officers of 
reformatory 
for women. 



Acts, 1912. — Chap. 381. 325 

Section 2. Each matron at the reformatory for women Compensation. 
who has been in the service for less than one year shall receive 
an annual salary of three hundred dollars; each matron who 
has been in said service for more than one year, and less than 
two years shall receive an annual salary of four hundred 
dollars; and each matron who has been in said service for 
two years or more shall receive an annual salary of five hun- 
dred dollars. In fixing the rate of compensation of matrons 
previous service in any prison of the commonwealth shall be 
counted. 

Section 3. So much of section thirty-nine of chapter Repeal, 
two hundred and twenty-three of the Revised Laws as is in- 
consistent herewith is hereby repealed. 

jlpproved April 3, 1912. 

An Act relative to the terms of office of the mayor QJidj) qqi 

AND city messenger OF THE CITY OF HOLYOKE AND TO 
THE SCHOOL COMMITTEE OF THAT CITY. 

Be it enacted, etc., as follows: 

Section 1. The term of office of the mayor of the city Terms of office 
of Ilolyoke shall hereafter be two years, and the term of Cffickis'of the 
office of the city messenger shall be three years, beginning in ilolyoke. 
each case with the municipal year nineteen hundred and 
thirteen. 

Section 2. No orders, resolutions, or votes of the orders, etc, 
school committee of the city of Ilolyoke which involve the committte"to 
expenditure of money, except those fixing salaries, shall be bythemayOT. 
effective until they have been presented to the mayor for 
his approval and have been approved by him or have other- 
wise become effective under the provisions of sections twenty- 
four and thirty-two of chapter four hundred and thirty-eight 
of the acts of the year eighteen hundred and ninety-six, being 
an act to revise the charter of the city of Ilolyoke. 

Section 3. All janitors, matrons, and other persons Appointment 
employed in the school buildings of the city of Holyoke shall etc.^'"*"'^'^' 
be appointed by, and be under the direction of, the school 
committee of the city. 

Section 4. So much of chapter four hundred and Repeal, 
thirty-eight of the acts of the year eighteen hundred and 
ninety-six as is inconsistent herewith is hereby repealed. 

Section 5. Section one of this act shall be submitted for to be sub- 
acceptance to the voters of the city of Holyoke at the state voters'' fo°r ^""^ 
election in the current year in answer to the following ques- ^'^p^'^'"^- 



326 



Acts, 1912. — Chaps. 382, 383. 



Time of 
taking effect. 



YES. 




NO. 





tlon, which shall be printed on the official ballot : — " Shall 
the term of office of the mayor of the city of 
Holyoke be two years and that of the city mes- 
senger three years?" And if a majority of the 
votes cast thereon are in the affirmative, section one shall 
take effect; otherwise it shall be void. 

Section 6. Except as to section one, this act shall take 
effect on the first day of May, in the year nineteen hundred 
and twelve. Api^roved Ajjril 3, 1912. 



R. L. 204, § 6, 
etc., amended. 



Chap. 382 An Act relative to civil actions entered by the com- 
monwealth OR BY A COUNTY. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter two hundred and 
four of the Revised Laws, as amended by chapter two 
hundred and fifty-three of the acts of the year nineteen hun- 
dred and two, is hereby further amended by striking out 
the last paragraph but one and inserting in place thereof the 
following : — In civil actions which are entered by the com- 
monwealth or by a county no entry fee shall be paid; but, 
if the commonwealth or the county prevails, the entry fee 
shall be taxed against the other party, — so that the last 
two paragraphs of said section, as amended, will read as 
follows: — In civil actions which are entered by the com- 
monwealth or by a county no entry fee shall be paid; but, 
if the commonwealth or the county prevails, the entry fee 
shall be taxed against the other party. 

In civil actions in which the city of Boston is a partj"^ 
no fee or expense shall be paid to any clerk of a court of 
Suffolk county by or on behalf of the city; but, if the city 
prevails, the fees allowed by law shall be taxed. 

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

Ai^'proved April 3, 1912. 



Payment of 
fees. 



C/iap. 383 An Act relative to dams and reservoirs constructed 

BY the WALPOLE RESERVOIR COMPANY. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter five hundred and 
two of the acts of the year nineteen hundred and seven is 
hereby amended by inserting after the word "Sharon", in 
the fourth line, the words : — the construction of which shall 
have been authorized by a regular or special town meeting 



1907, 502, § 2, 
amended. 



Acts, 1912. — Chaps. 384, 385. 327 

called for the purpose in each of said towns, or in the town in 

which such proposed reservoir is located if it is wholl}^ within 

the boundaries of one town, — so that the first sentence of 

the said section will read as follows: — Said corporation, for Construction 

the purposes aforesaid, shall have power to construct and 

maintain a dam or dams upon any of the streams in the 

towns of Walpole and Sharon the construction of which shall 

have been authorized by a regular or special town meeting 

called for the purpose in each of said towns, or in the town in 

which such proposed reservoir is located if it is wholly within 

the boundaries of one town. 

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

Approved April 3, 1912. 



An Act relative to the appointment of certain spb- 

CIAL police officers. 



C/ia??.384 



Be it enacted, etc., as follows: 

Section 1. The governor may appoint, at the request of^s^da"^''* 
of the Massachusetts Society for the Prevention of Cruelty police officers. 
to Animals, duly accredited agents of that society as special 
police officers to serve for one year from the date of their 
respective appointments, subject to removal by the governor. 
Such officers shall serve without pay, except their regular 
compensation as agents of said society. They shall receive 
no fees for services or return of any criminal process and 
shall have, throughout the commonwealth, the powers of 
constables and police officers to arrest and detain any person 
violating any law of the commonwealth for the prevention of 
cruelty to animals; but this act shall not empower any 
officers so appointed to serve any process in civil cases, nor 
to exercise any powers of a police officer or constable except in 
the enforcement of the laws for the prevention of cruelty 
to animals, as above provided. 

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

Approved April 3, 1912. 

An Act to authorize the reinstatement of milner h. Chap. 385 

EDGETT IN THE POLICE DEPARTMENT OF THE CITY OF 
CHELSEA. 

Be it enacted, etc., as follows: 

Section 1. Milner H. Edgett, who was at one time a Reinstatement 
police officer of the city of Chelsea may, subject to the ap- police officer 



328 



Acts, 1912. — Chap. 386. 



in the city 
of Ciielsea. 



proval of the mayor and the board of aldermen of the said 
city, be reinstated as such pohce officer, without any action 
on the part of the civil service commissioners. 
Section 2. This act shall take effect upon its passage. 

Approved April 3, 1912. 



Mansfield 
\Vater Supply 
District Loan, 
1912. 



C/iap. 386 An Act to authorize the mansfield water supply dis- 
trict TO MAKE AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as foUoivs: 

Section 1. The Mansfield Water Supply District, in- 
corporated by chapter three hundred and thirty-six of the 
acts of the year eighteen hundred and eighty-six, as amended 
or affected by chapter one hundred and forty-one of the acts 
of the year eighteen hundred and eighty-seven and by chap- 
ter three hundred and forty-four of the acts of the year 
eighteen hundred and ninety-five, is hereby authorized, for 
the purpose of paying for lands taken with the consent and 
approval of the state board of health, under the authority 
of chapter one hundred and thirty-five of the acts of the year 
nineteen hundred and eleven for the purpose of maintaining 
the purity of its water supply, to borrow a sum not exceeding 
fifteen thousand dollars and to issue bonds, notes or scrip 
therefor, to be denominated on the face thereof, Mansfield 
Water Supply District Loan, 1912, in addition to the amount 
heretofore authorized to be issued by said district. 

Section 2. At the time of making the said loan the 
said district shall provide for the payment thereof by annual 
payments in such manner that the amount of the principal 
and interest payable in any one year shall not together be 
less than the aggregate amount of principal and interest pay- 
able in any subsequent year, and after a vote to this effect 
has been passed, the said annual amount shall without further 
vote of the district be assessed and collected in the same 
manner in which the other expenses of the district are pro- 
vided for. 

Section 3. No money shall be borrowed, no liability 
shall be incurred, and no bonds shall be issued under the 
authority of this act without authorization by a vote of two 
thirds of the legal voters of said district, present and voting 
thereon at a meeting duly called for that purpose. 

Section 4. This act shall take effect upon its passage. 

Approved April 3, 1912. 



Paj'ment of 
loan. 



Liabilities 
incurred to be 
authorized by 
the district. 



Acts, 1912. — Chaps. 387, 388. 329 



An Act kelative to sending notices to city and town Chap. 387 

AUDITORS OF PAYMENTS OF MONEY. 

Be it enacted, etc., as foUoics: 

Wlienever any state, county, city or town officer of this Notices to 

, , • , c 1 1 • • *"'^J' ^°*^ town 

commonwealth makes a payment or public money to a city auditors of 
or town treasurer of this commonwealth he shall furnish at mefney!^ 
the same time to the auditor of the city or town to which the 
payment is made an accurate statement in writing of the 
amount of the payment, together with the date and purpose 
thereof. Aj^proved Ajyril 3, 1912. 



Chap.388 



An Act relative to the shooting of deer in the coun- 
ties OF BRISTOL, ESSEX AND MIDDLESEX. 

Be it enacted, etc., as folloios: 

Chapter five hundred and forty-five of the acts of the year is'o, 545 § 2, 
nineteen hundred and ten is hereby amended by striking 
out section two and inserting in place thereof the following: — 
Section 2. Any person who is duly authorized or licensed to Killing of deer 
hunt in this commonwealth according to the provisions hunters re- 
of law, may, between sunrise of the third Monday of No- ^ "'^ '^ 
vember and sunset of the following Saturday, hunt, pursue, 
take or kill by the use of a shotgun, a wild deer, in the coun- 
ties of Berkshire, Bristol, Essex, Franklin, Plampden, Hamp- 
shire, Middlesex and Worcester, subject to the following 
restrictions and provisions : — No person shall kill or have in 
possession more than one deer killed under the provisions 
of this section. No deer shall be hunted, taken or killed 
on land posted in accordance with the provisions of section 
fourteen of chapter ninety-two of the Bevised Laws, or in 
violation of any city ordinance or town by-law, or in any 
state reservation, or by any method prohibited by law. It 
shall be unlawful to make, set or use any trap, salt lick or 
other device for the purpose of ensnaring, enticing, taking, 
injuring or kilhng a deer. Whoever wounds or kills a deer 
under the provisions of this section shall make a report in 
writing, signed by him, and mailed or otherwise transmitted 
within twenty-four hours, of said wounding or killing, to the 
commissioners on fisheries and game, stating the facts relative 
to the wounding or killing. Apj^roved April 3, 1912. 



330 



Acts, 1912. — Chaps. 389, 390. 



Chap. 389 An Act relative to the terms of office of license 

COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter one hundred of the 
Revised Laws is hereby amended by adding at the end thereof 
the words : — In case any member of said board who has 
been removed from office shall apply to the superior court 
for the review provided for in this section, the removal shall 
not take effect until the court shall have affirined the order 
removing the member; and until such affirmation the mem- 
ber shall continue to exercise the powers and perform the 
duties of his office. 

Section 2. This act shall take effect upon the first day 
of May in the current year. Approved April 3, 1912. 



R. L. 100, § 4, 
amended. 



Terms of office 
of license com- 
missioners. 



1909, 490. § 45, 
Part II, 
amended. 



Reimburse- 
ment, in 
certain cases. 



C/ia^). 390 An Act relative to the reimbursement of the pur- 
chaser UNDER A SALE FOR NON-PAYMENT OF TAXES WHEN 
THE SALE IS INVALID. 

Be it enacted, etc., as follows: 

Section 1. Section forty-five of Part II of chapter four 
hundred and ninety of the acts of the year nineteen hundred 
and nine is hereby amended by striking out the words "two 
years", in the fourth line, and inserting in place thereof the 
words: — six months, — so as to read as follows: — Section 
45. If it subsequently appears that, by reason of an error, 
omission or informality in the assessment or the sale, the 
purchaser has no claim upon the property sold, he may 
within six months after the date of the deed, offer by writing 
given to the collector, to surrender and discharge his deed 
or to assign and transfer to the city or town all his right, 
title and interest in the premises, as the collector shall elect. 
Such offer shall contain a specific statement of the reason 
why the holder has no claim on the land sold, with the evi- 
dence upon which he relies, and if such evidence consists of 
any public record or of facts shown therein, such offer shall 
contain a specific reference "thereto. Upon such surrender 
and discharge or assignment and transfer, the city or town 
shall pay to the purchaser the amount which he paid with 
interest at the rate of eight per cent per annum which pay- 
ment shall be in full for all damages for any defects in the 
proceedings or under the warranty in such deed. No city or 



Acts, 1912. — Chaps. 391, 392. 331 

town and no treasurer or collector thereof shall pay or be 
liable for any amount due under the provisions of this section 
unless such statement is filed. 

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

Approved April 3, 1912. 



C/iap.391 



An Act relative to the printing and posting of the 
statute relative to the carrying of concealed 

WEAPONS. 

Be it enacted, etc., as follows: 

Section 1. The secretary of the commonwealth shall, ^^"1^,°^°^ 
from time to time, cause to be printed for use as a poster, weapous.etc 
chapter one hundred and seventy-two of the acts of the 
year nineteen hundred and six, relative to the carrying of 
concealed weapons, as amended by the several acts in amend- 
ment thereof now or hereafter in force. The said statute 
shall be printed in English and in such other languages as 
the secretary may deem necessary, and the sections of 
the statute, especially the second section, shall be printed 
in large letters so as to be easily read. Copies of the said n°ticesf eL. 
poster shall be sent to the clerks of all cities and of all towns, 
in sufficient number for their use as hereinafter provided, 
and the same shall be posted under the direction of the city 
and town clerks in such places as the city and town clerks 
may select, and in such numbers, according to the population 
of the city or town, as the clerk of the city or town may deem 
expedient. The cost of preparing and printing the posters 
and of distributing them to the various cities and towns 
shall be paid out of the treasury of the commonwealth, and 
the cost of placing and affixing them in the various cities and 
towns shall be paid by the cities and towns. 

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

Approved April 3, 1912. 

An Act making appropriations for expenses in con- fhQr^ qqo 
nection with the supervision of telephone and 

telegraph companies by the MASSACHUSETTS HIGH- 
WAY COMMISSION. 

Be it enacted, etc., as folloios: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the Telephone and Telegraph Com- *'°°" 
missioners' Fund for the expense of supervision of telephone 



332 



Acts, 1912. — Chaps. 393, 394. 



Highway 
commission. 

Expenses. 



and telegraph companies by the Massachusetts highway com- 
mission during the fiscal year ending on the thirtieth day 
of November, nineteen hundred and twelve, to wit: — 

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

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

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

Ayyroved Ayril 3, 1912. 



Board of 
water and 
sewerage com- 
missioners of 
the city of 
Marlborough. 



Title of cer- 
tain officials 
changed. 



C/iap.393 An Act to establish a board of water and sewage 

COMMISSIONERS IN THE CITY OF MARLBOROUGH. 

Be it enacted, etc., as foUoivs: 

Section 1. The official title of the board of water com- 
missioners of the city of Marlborough shall hereafter be the 
board of water and sewage commissioners, and in addition 
to the powers and duties now conferred and imposed by law 
on the said board, the board shall have all the powers and 
duties conferred or imposed by law on the mayor and alder- 
men of the city relative to the sewers and the system of 
sewage disposal; but no contracts, rights or liabilities shall 
be affected thereby. 

Section 2. The official title of the superintendent of 
water works of the city of Marlborough is hereby changed to 
superintendent of water and sewage works, and the said 
superintendent shall hereafter perform all the duties formerly 
performed by the superintendent of water works and by 
the superintendent of streets in relation to the sewers and 
sewage disposal system of the city. 

Section 3. This act shall take effect upon its acceptance 
by a majority vote of the city council of the city after a 
public hearing duly called and held for that purpose. 

A^jroved Ayril 3, 1912. 

Chap. ^^4: An Act to give the courts in the county of Norfolk 

CONCURRENT CRIMINAL JURISDICTION WITH THE COURTS 
IN THE COUNTY OF PLYMOUTH OVER A CERTAIN PART OF 
THE TOWN OF SCITUATE. 

Be it enacted, etc., as follmvs: 

Section 1. The courts in the county of Norfolk, con- 
currently with the courts in the county of Plymouth, shall 



Time of 

taliing effect. 



Jurisdiction 
of certain 
courts. 



Acts, 1912. — Chap. 395. 333 

have jurisdiction of all offences, misdemeanors and crimes 
committed in that part of the town of Scituate which lies 
westerly and northwesterly of a line beginning at a stone 
bound, in the dividing line between the tow^ns of Cohasset 
and Scituate, standing on the westerly banks of Bailey's 
creek, thence running in the same direction to the centre 
of said creek, thence easterly through the centre of the most 
easterly arm of said creek to its head marked by a stone 
bound, thence by the shortest straight line to a stone bound 
on the southwesterly bank of an arm of Brigg's harbor, 
thence to the centre of said arm of Brigg's harbor, thence 
down the centre of said arm of Brigg's harbor to the centre 
of Brigg's harbor, thence down the centre line of said Brigg's 
harbor to low water mark, as if that part of Scituate were 
within the limits of the town of Cohasset. An officer qualified 
to serve criminal process in the town of Cohasset may serve 
such process or make arrests in all cases in which the courts 
in Norfolk county are given jurisdiction by this section. 

Section 2. The topographical survey commission is pianofii 
hereby directed to file a plan of the said line with the sec 
retary of the commonwealth. *° ^^ fi'^*^- 

Section 3. This act shall take effect upon its passage 

Approved April 3, 1912 



between 

certain towns 



An Act relative to the retirement of certain vet 
erans in the service in the city of boston. 

Be it enacted, etc., as foUoics: 

Section 1. Chapter one hundred and thirteen of the i9ii, ns, 
acts of the year nineteen hundred and eleven is hereby Iddhif^new 
amended by inserting after section two the following new ^®'^*'°'^- 
section: — Section 3. An employee of the city who is on Certain em- 
leave of absence or whose name remains on the list of em- entftled to 
ployees of the city, although he is not rendering service, or retirement 
who ceases to be an employee of the city within the three ^'=*- 
years preceding the passage of this act shall be entitled to 
the benefits of this act: provided, that he is a veteran of the Proviso. 
civil war. 

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

Approved April 3, 1912. 



Chap,395 



334 



Acts, 1912. — Chap. 396. 



1907, 576, § 39, 
amended. 



Chap. 396 An Act relative to the capital stock of insurance 

COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-nine of chapter five hundred 
and seventy-six of the acts of the year nineteen hundred 
and seven is hereby amended by inserting after the word 
"full", in the eighth line, the following: — If a company 
shall vote to increase its capital in the second of the two 
ways set forth in this section, the directors shall fix the price, 
not less than par, at which, and the time, not less than thirty 
days after the date of such vote to increase, within which 
the new stock may be taken by the stockholders. And the 
directors shall forthwith give notice in writing to each stock- 
holder who w^as such at the time of the vote to increase, 
stating the amount of the increase, the number of shares or 
fractions of shares of new stock that such stockholder is en- 
titled to take, the price at which and the time within which 
such new stock may be taken. Within said time each stock- 
holder may take at the price fixed as aforesaid his proportion 
of such new shares at the date of such vote to increase. If 
at the expiration of such time any shares remain untaken, 
the directors may sell the same for the benefit of the cor- 
poration in such manner and for such price, not less than the 
price fixed as aforesaid, as they may determine, — so as to 
read as follows : — Section 39. Such company may issue 
pro rata to its stockholders certificates of any portion of its 
actual net surplus it may decide to divide, which shall be 
deemed to be an increase of its capital to the amount of such 
certificates, and such company may, at a meeting called for 
the purpose, vote to increase the amount and number of 
shares of its capital stock, and to issue certificates thereof 
when paid for in full. If a company shall vote to increase 
its capital in the second of the two ways set forth in this 
section, the directors shall fix the price, not less than par, 
at which, and the time, not less than thirty days after the 
date of such vote to increase, within which the new stock 
may be taken by the stockholders. And the directors shall 
forthwith give notice in writing to each stockholder who was 
such at the time of the vote to increase, stating the amount 
of the increase, the number of shares or fractions of shares 
of new stock that such stockholder is entitled to take, the 
price at which and the time within which such new stock may 
be taken. Within said time each stockholder may take at 



Increase of 
capital. 



Certificate of 
increase. 



Acts, 1912. — Chap. 397. 335 

the price fixed as aforesaid his proportion of such new shares 
at the date of such vote to increase. If at the expiration 
of such time any shares remain untaken, the directors may 
sell the same for the benefit of the corporation in such man- 
ner and for such price, not less than the price fixed as afore- 
said, as they may determine. However the increase is made, 
the company shall, within thirty days after the issue of such 
certificates, submit to the insurance commissioner a cer- 
tificate stating the amount of the increase and the facts of 
the transaction, signed and sworn to by its president and 
secretary and a majority of its directors. If the commis- 
sioner finds that the facts conform to the law he shall indorse 
his approval thereof; and, upon filing such certificate so 
indorsed with the secretary of the commonwealth and the 
payment of a fee of five dollars for filing the same, the com- 
pany may transact business upon the capital as increased 
and the commissioner shall issue his certificate to that efl^ect. 
Section 2. This act shall take effect upon its passage. 

Ajiproved April 6, 1912. 

An Act to authorize the sale of intoxicating liquors (^/^^^ 397 
on days on which preliminary elections are held. 

Be it enacted, etc., as follows: 

Section 1. Section twenty of Part II of chapter six loii, 621, § 20, 
hundred and twenty-one of the acts of the year nineteen hun- amended. 
dred and eleven is hereby amended by adding at the end 
thereof the following : — but the provisions contained 
in section six of chapter five hundred and sixty of the acts of 
the year nineteen himdred and seven shall not apply to pre- 
liminary elections held under this act, — so as to read as 
follows : — Section 20. The laws of the commonwealth re- Provisions of 
lating to annual city elections, special elections of city officers, ^"^ ^° '^^'' ^' 
special elections in cities, election officers, voting places for 
elections, election apparatus and blanks, calling and conduct 
of elections, manner of voting at elections, counting and re- 
counting of votes at elections, corrupt practices and penalties, 
shall apply to all elections under this act, including pre- 
liminary elections, except as is otherwise provided herein, 
but the provisions contained in section six of chapter five 
hundred and sixty of the acts of the year nineteen hundred 
and seven shall not apply to preliminary elections held under 
this act. 

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

Approved April 6, 1912. 



336 



Acts, 1912. — Chap. 398. 



1907, 560, § 1, 
amended. 



Term "polit- 
ical party" 
defined. 



Chap.^dS An Act to define "political party", to define the 

TERM "two leading POLITICAL PARTIES", AND TO PRO- 
VIDE THAT PARTY OR POLITICAL DESIGNATIONS OF CANDI- 
DATES FOR STATE OR CITY OFFICES SliALL BE ADDED IN 
THE SAIME SPACE ON THE OFFICIAL BALLOT. 

Be it enacted, etc., as follows: 

Section 1. The fifteenth paragraph of section one of 
chapter five hundred and sixty of the acts of the year nineteen 
hundred and seven is hereby amended by adding at the end 
thereof the words : — but when a candidate for governor re- 
ceives two or more nominations for that office, "pofitical 
party" shall for the purpose of determining the status of 
the parties making such nominations be defined as a political 
party which at the preceding primary held for the nomination 
of candidates for state offices nominated such candidate 
and polled for nomination for governor at least three per 
cent of the entire vote ca.st in said primary in the common- 
wealth for nomination for that office, — so that said para- 
graph as amended will read as follows: — "Political party" 
shall apply to a part}' which at the preceding annual state 
election polled for governor at least three per cent of the 
entire vote cast in the commonwealth for that office, but 
when a candidate for governor receives two or more nomina- 
tions for that office, "political party" shall for the purpose 
of determining the status of the parties making such nomina- 
tions be defined as a political party which at the preceding 
primary held for the nomination of candidates for state 
offices nominated such candidate and polled for nomination 
for governor at least three per cent of the entire vote cast 
in said primary in the commonwealth for nomination for 
that office. 

Section 2. Section one of said chapter five hundred and 
sixty is hereby further amended by striking out the last 
paragraph but one and inserting in place thereof the follow- 
ing : — 

"Two leading political parties" shall apply to the political 
parties which elect the highest and next highest number of 
members of the general court at the preceding annual state 
election. 

Section 3. The third paragraph of section two hundred 
and thirty of said chapter five hundred and sixty is hereby 
amended by inserting after the word "added", in the second 



1907, 560, § 1, 

further 

amended. 



Application of 
term "Two 
leading politi- 
cal parties." 



1907, 560, § 230, 
amended. 



Acts, 1912. — Chap. 399. 337 

line, the words : — in the same space, — and by inserting 
after the word "designation", in the same Hne, the words: — 
or designations, — and by inserting after the word " seventy- 
five", in the third line, the words: — as amended by chapter 
four hundred and twenty-five of the acts of the year nineteen 
hundred and eight, — so that said paragraph as amended 
will read as follows : — To the name of each candidate for Political 
a state or city office shall be added in the same space his '^®^'s'''»^'°'^^- 
party or political designation or designations, expressed in 
accordance with section one hundred and seventy-five, as 
amended by chapter four hundred and twenty-five of the 
acts of the year nineteen hundred and eight. To the name 
of each candidate for a town office upon an official ballot 
shall be added the designation of the party or principle 
which he represents, contained in the certificate of nomina- 
tion or nomination papers. No greater number of candidates 
for any office, bearing the same political designation, nom- 
inated otherwise than by nomination papers, shall be placed 
upon the official ballot than are to be elected. 
Section 4. This act shall take effect upon its passage. 

Approved April 6, 1912. 

An Act relative to allowances for the care of prop- Qjidy 399 

ERTY in the MASSACHUSETTS VOLUNTEER MILITL\. 

Be it enacted, etc., as foUoivs: 
Section 1. Section one hundred and seventy-four of '^"S' •^"4, §174, 

. .,,-,„ „, p. '. etc., amended. 

chapter six hundred and tour of the acts 01 the year nmeteen 
hundred and eight, as amended by section two of chapter six 
hundred and forty-two of the acts of the year nineteen hun- 
dred and eleven, is hereby further amended by striking out 
the words "the commander of the first corps of cadets and", 
in the fiftieth line, and by inserting after the word " dollars ", 
in the fifty-first line, the words : — ■ to the commander of the 
first corps of cadets, two hundred and fifty dollars, — so 
as to read as follows: — Section 17 4. There shall be al- frav^^^ ^°'" 
lowed and paid to each officer and soldier required to travel 
on duty, as follows: under sections one hundred and forty- 
one, one hundred and forty-two, one hundred and fifty-one, 
one hundred and fifty-two and one hundred and sixty, two 
cents a mile each way, computed by the most direct railroad 
communication from the place in which the headquarters of 
the various commands and the armories of the companies are 
situated; and when upon duty as a member or judge advocate 



338 



Acts, 1912. — Chap. 399. 



Instruction in 
riding. 



Allowances to 
certain officers. 



Care of 

military 

property. 



of any military court or board, or as a witness or defendant 
before such court or board, when appearing before the board 
of examiners provided for in section sixty-three, when at- 
tending meetings of officers and non-commissioned officers, 
as provided in section one hundred and fifty-eight; when 
acting as the presiding officer at an election, as an elector at 
the election of a general or field officer, or as a paymaster, 
or in any case when obliged by orders of the commander-in- 
chief to travel without troops, — four cents a mile each way, 
computed by the most direct railroad communication from 
the residence of the officer or soldier. There shall annually 
be allowed and paid a sum for instruction in riding not ex- 
ceeding ten dollars per man for the aggregate enlisted strength 
entitled by law to be mounted. Certificates signed by the 
commanding officer of each organization, stating the number 
of men in his command who have received such instruction 
and who have ridden at least five times under proper military 
instruction, shall be furnished to the adjutant general, and 
upon his approval payments shall be made from said sum 
to the commanding- officer of each organization at the rate 
of ten dollars for each man in his command, not exceeding 
the maximum legal enlisted strength thereof, so certified as 
having received instruction. There shall annually be allowed 
and paid out of the treasury of the commonwealth to every 
person who has held a commission in the Massachusetts 
volunteer militia and who has served the whole of the year 
preceding the first day of April of each year, the sum of 
thirty-five dollars, upon the approval of the adjutant general, 
and of the intermediate commander of organizations, and 
upon their certification that such persons during the said 
period of service have complied with the provisions of section 
one hundred and six of this act; and every commissioned 
officer who has not held his office during the whole of said 
year shall, upon the approval and certification by the officers 
specified in this section and in the manner aforesaid, be al- 
lowed and paid such sum as may equitably be due him for 
that part of the year during which he actually served. There 
shall annually be allowed and paid for the care of and re- 
sponsibility for military property of the commonwealth in 
their charge, to each company commander, fifty dollars; to 
the commander of the first corps of cadets, two hundred and 
fifty dollars; to the commander of the second corps of cadets, 
two hundred and fifty dollars; to each commander of a bat- 
tery of field artillery, two hundred dollars; to each regimental 



Acts, 1912. — Chap. 400. 339 

commander, the commander of the field artillery battahon, 
the commander of the squadron of cavalry and to the signal 
corps commander, fifty dollars; to the commander of the 
naval brigade, five hundred dollars, and to the hospital corps 
commander, fifty dollars; from which the adjutant general 
may deduct the cost of all articles lost by neglect or losses 
unsatisfactorily explained, before certification to the auditor 
for payment. When military property loaned by the United 
States government to the commonwealth has suffered loss 
or injury, the amount of such loss or injury shall be paid to 
the United States government out of the treasury of the 
commonwealth upon the approval of the adjutant general, 
and the amounts so paid shall be deducted from allowances 
herein made payable to officers of the militia or from sums 
paid into the treasury of the commonwealth by the adjutant 
general on account of such loss or injury and collected 
by him from officers of the militia responsible therefor, or 
from their bondsmen. Inspecting officers when on duty in inspecting 
armories, under orders of the commander-in-chief, shall re- °^*=''''^- 
ceive the pay and allowances provided for ofiftcers on special 
duty. 

There shall annually be allowed and paid out of the treas- instruction 
ury of the commonwealth a sum not exceeding four thousand in military 
dollars, to be expended under the direction of the adjutant 
general in furnishing the officers and men of the organized 
militia with uniform instruction in military authority, or- 
ganization and administration and in the elements of mili- 
tary art. Certificates for allowance of expenses incident to 
such instruction shall be furnished to the adjutant general, 
and upon his approval payment shall be made to the per- 
son or persons certified to be entitled thereto. 

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

Approved April 6, 1912. 

An Act relative to motor vehicles and to the opera- /^z,^^ aqq 
tion thereof. 

Be it enacted, etc., as follows: 

Section 1 . Section two of chapter five hundred and i909, 534 § 2, 

, '^ iiii- amendecl. 

thirty-four of the acts of the year nmeteen hundred and nine 
is hereby amended by inserting after the word "ownership", 
in the fiftieth line, the words: — or loses possession, — and 
by inserting after the word "automobile", in the fifty-eighth 
line, the words : — but who on or before the first day of 



340 



Acts, 1912. — Chap. 400. 



Registration 
of motor 
vehicles. 



Transfer of 
ownership, 
etc. 



September in the same calendar year files in the ofiice of the 
commission a written application for a rebate, — so as to 
read as follows : — Section 2, Application for the registration 
of motor vehicles may be made by the owner thereof, by 
mail or otherwise, to the Massachusetts highway commission 
or any agent thereof designated for that purpose, upon blanks 
prepared under its authority. The application shall contain, 
in addition to such other particulars as may be required by 
the commission, a statement of the name, place of residence 
and address of the applicant, with a brief description of the 
motor vehicle, including the name of the maker, the number, 
if any, affixed by the maker, the character of the motor power 
and the amount of such motor power stated in figures of 
horse power; and with such application shall be deposited 
the proper registration fee as provided in section twenty' -nine. 
The commission or its duly authorized agent shall then 
register in a book or upon suitable index cards to be kept 
for the purpose the motor vehicle described in the applica- 
tion, giving to said vehicle a distinguishing number or other 
mark to be known as the register number for that vehicle, 
and shall thereupon issue to the applicant a certificate of 
registration. The certificate shall contain the name, place 
of residence and address of the applicant and the register 
number or mark, and shall be in such form and contain such 
further information as the commission may determine. An 
applicant for the registration of a motor vehicle who does not 
file his application therefor until after the thirtieth day of 
September in any year shall be entitled to a reduction in 
the fee for such registration as provided in section twenty- 
Upon the transfer of ownership of any motor vehicle 



nme. 



its registration shall expire, and the person in whose name 
such vehicle is registered shall forthwith return the certificate 
of registration to the commission with a written notice con- 
taining the date of such transfer of ownership and the name, 
place of residence and address of the new owner. A person 
who transfers the ownership of a registered motor vehicle 
owned by him to another, upon the filing of a new application 
and upon payment of the proper fee, may have registered in 
his name another motor vehicle for the remainder of the 
calendar year, provided the horse power of such motor vehicle 
is the same as that of the motor vehicle first registered by him, 
or if the vehicle sought to be registered is a motor cycle; 
but if the horse power of the automobile is greater than that 
of the automobile first registered by him, the applicant 



Acts, 1912. — Chap. 400. 341 

shall pay, in addition to the said fee, the difference between 
tJie fee paid by him for the said vehicle first registered and 
the fee for the registration of an automobile of the higher 
horse power, as provided in section twenty-nine. A person 
who before the first day of August in any year transfers the 
ownership or loses possession of an automobile registered in 
his name and who applies for the registration of another 
motor vehicle of less horse power than that of the vehicle so 
transferred, shall be entitled, upon payment of the proper 
fees set forth in section twenty-nine, to a rebate equivalent 
to one half the difference between the respective fees for the 
higher and the lower horse powers, and a person under like 
conditions w^ho does not apply for the registration of another 
automobile but who on or before the first day of September 
in the same calendar year files in the office of the commission 
a written application for a rebate shall be entitled to a rebate 
of one half the fee paid for the registration of such vehicle: 
provided, however, that no such rebate shall be paid except Proviso, 
upon a certificate filed with the auditor cf the commonwealth, 
setting forth the facts, and signed by the commission, and 
that the rebate shall be paid out of the fees received for the 
registration of automobiles and motor vehicles. The com- 
mission, at its discretion, may assign to the motor vehicle of 
any person who surrenders his registration certificate as 
herein provided and who desires to register another motor 
vehicle the register number of the motor vehicle described 
in the surrendered certificate. The commission shall furnish Number 
at its office without charge to every person whose automobile ^ '^^^^' 
is registered as aforesaid two number plates of suitable design, 
each number plate to have displayed upon it the register 
number assigned to such vehicle, but no such number plates 
shall be furnished by the commission for motor cycles. The 
commission shall furnish in like manner to every person whose 
motor cycle is registered as aforesaid a seal, circular in form, 
approximately two inches in diameter, bearing thereon the 

words " Registered Motor Cycle No. INIass." together 

with the year of the issue thereof and with the register number 
of the motor cycle stamped or otherwise suitably inscribed 
thereon. Such number plates and seals so furnished shall be 
valid only for the calendar year for which they are issued. 
If the commission shall determine at any time that for any Registration 
reason a motor vehicle is unsafe or improperly equipped or refused, etc. 
otherwise unfit to be operated it may refuse to register such 
vehicle, and the commission may for like reasons revoke any 



342 



Acts, 1912. — Chap. 401. 



registration already recorded. The horse power of every 
automobile sought to be registered shall be determined by the 
commission, and such determination shall be final and con- 
clusive. Every application filed under the provisions of this 
section shall be sworn to by the applicant before a justice 
of the peace or a notary public. The fee for such oath shall 
not exceed twenty-five cents. The registration of every 
motor vehicle shall expire at midnight upon the thirty-first 
day of December in each year. 
Section 2. This act shall take effect upon its passage. 

Apinomd April 6, 1912. 



1908, 511, § 1, 
amended. 



Discrimination 
or rebates of 
premiums, 
etc., pro- 
hibited. 



ChapAOl An Act to prohibit discrimination or rebates of pre- 
miums FOR POLICIES issued BY INSURANCE COMPANIES 
OTHER THAN LIFE. 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and eleven of the acts 
of the. year nineteen hundred and eight is hereby amended 
by striking out section one and inserting in place thereof the 
following : — Section 1 . No insurance company transacting 
in this commonwealth any of the kinds of business specified 
in section thirty-two of chapter five hundred and seventj'-six 
of the acts of the year nineteen hundred and seven, and no 
agent, sub-agent or broker shall pay or ofi^er to pay or allow 
in connection with placing or attempting to place insurance 
any valuable consideration or inducement not specified in 
the policy contract of insurance, or any rebate of premium 
payable on the policy, or any special favor or advantage 
in the dividends or other benefits to accrue thereon; or give, 
sell or purchase or offer to give, sell or purchase in connec- 
tion with placing or attempting to place insurance anything 
of value whatsoever not specified in the policy. 

Section 2, Said chapter five hundred and eleven is 
hereby further amended by striking out section two and 
inserting in place thereof the following: — Section 2. No 
person shall receive or accept from any company or agent, 
sub-agent, broker or any other person any such rebate or pre- 
mium payable on the policy, or any special favor or advantage 
in the dividend or other benefits to accrue thereon, or any 
valuable consideration or inducement not specified in the 
policy of insurance. No person shall be excused from 
testifying, or from producing any books, papers, contracts. 



1908, 511, § 2, 
amended. 



Agent, etc., 
not to accept 
rebate, etc. 



Acts, 1912. — Chap. 402. 343 

agreements or documents at the trial of any other person 
charged with violating any provision of this act, on the 
ground that such testimony or evidence may tend to in- 
criminate himself, but no person shall be prosecuted for any 
act, concerning which he shall be compelled so to testify or 
produce evidence, documentary or otherwise, except for per- 
jury committed in so testifying. 

Section 3. Section three of said chapter five hundred and amended ^ ^' 
eleven, as amended by chapter one hundred and eighty-five 
of the acts of the year nineteen hundred and ten, is hereby- 
further amended by striking out the said section and inserting 
in place thereof the following: — Section 3. The provisions Certain 
of this act shall apply to all kinds of business specified in law not 
said section thirty-two, and in the transaction of business ^^^ ^^^ 
specified in the third clause of said section thirty-two acting 
or agreeing to act as guarantor or surety shall, for the pur- 
poses of this act, be deemed insurance, but it shall not apply 
to the kind of business specified in the second clause of said 
section thirty-two, either as to company, agent, broker or 
insured, except as to . insurance against loss or damage to 
motor vehicles, their fittings and contents, as provided in said 
second clause. This act shall not be so construed as to 
prevent any insurance company from pajdng a commission 
to another insurance company, or to any person who is a 
duly authorized agent, sub-agent or broker, and who holds 
himself out and carries on business in good faith as such, 
or to prevent an insurance company from receiving a com- 
mission in respect to any policy under which it is itself 
insured, or to prevent such a person from receiving a com- 
mission in respect to any policy under which he himself is 
insured. 

Section 4. Whoever violates any provision of this act Penalty. 
shall be punished by a fine of not more than two hundred 
dollars. Approved April 6, 1912. 

An Act making appropriations for salaries and es- PhQ^y 4Q2 

PENSES in the office OF THE BOARD OF EDUCATION AND 
FOR SUNDRY OTHER EDUCATIONAL EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth o "education. 
from the ordinary revenue, for the salaries and expenses of 



344 



Acts, 1912. — Chap. 402. 



Salaries of 
officials. 



Travelling 
expenses, etc. 



Rent of 
offices. 



Incidental 
expenses. 



Annual report. 



the board of education, and for sundry other educational 
expenses, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and twelve, to wit : — 

For the salaries of the commissioner, deputy commissioners, 
assistants, agents, and for clerical and messenger services of 
said board, a sum not exceeding forty-five thousand dollars. 

For travelling expenses of the commissioner, deputies, 
agents and assistants, a sum not exceeding five thousand 
dollars. 

For rent of offices for the use of the said board, a sum not 
exceeding thirty-three hundred dollars. 

For incidental expenses of the board, the travelling and 
other necessary expenses of the members thereof, and for 
obtaining information regarding educational methods in 
other states, a sum not exceeding six thousand dollars. 

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



Normal school, 
Bridgewater. 

Fitchburg. 

Framingham. 

Hyannis. 

Lowell. 

North Adams. 

Salem. 

Westfield. 

Worcester. 



Normal art 
school. 

Aid to pupils. 



FOR SUPPORT OF STATE NORMAL SCHOOLS. 

Bridgewater, a sum not exceeding sixty-four thousand 
four hundred seventy-eight dollars and seventy-six cents. 

Fitchburg, a sum not exceeding fifty thousand eight 
hundred forty-eight dollars and seventy cents. 

Framingham, a sum not exceeding fifty-three thousand two 
hundred forty-one dollars and twenty-five cents. 

Hyannis, a sum not exceeding twenty-six thousand nine 
hundred and ninety dollars. 

Lowell, a sum not exceeding thirty-five thousand one 
hundred and seventy-seven dollars. 

North Adams, a sum not exceeding thirty-nine thousand 
four hundred and thirty-seven dollars. 

Salem, a sum not exceeding forty-seven thousand five 
hundred and sixty-seven dollars. 

Westfield, a sum not exceeding thirty-eight thousand 
five hundred forty-four dollars and forty-eight cents. 

Worcester, a sum not exceeding forty thousand seven 
hundred fifty-two dollars and six cents. 

Normal art school, a sum not exceeding forty-two thousand 
five hundred and ninety-seven dollars. 

For aid to pupils in state normal schools, a sum not ex- 
ceeding four thousand dollars, payable in semi-annual in- 
stalments, to be expended under the direction of the board of 
education. 



Acts, 1912. — Chap. 403. 345 

For expenses of teachers' institutes, a sum not exceeding Teachers' 
one thousand dollars. institutes. 

For the Massachusetts Teachers' Association, the sum of Massachusetts 
three hundred dollars, subject to the approval of the board Association. 
of education. 

For expenses of county teachers' associations, a sum not County _ 
exceeding seven hundred dollars. associations. 

To enable small towns to provide themselves with school rntendems.^*^" 
superintendents, a sum not exceeding eighty-five thousand 
dollars. 

For the education of deaf pupils of the commonwealth in Education of 
the schools designated by law, for the present year and for '^^ p"P'«- 
previous years, a sum not exceeding one hundred and twelve 
thousand dollars. 

For school registers and other school blanks for cities and feiis°irs, etc. 
towns, a sum not exceeding two thousand dollars. 

For the Perkins Institution and Massachusetts School for Perkins in- 
the Blind, as provided by chapter nineteen of the resolves Massachusetts 
of the year eighteen hundred and sixty-nine, the sum of thirty mi^. 
thousand dollars. 

For the payment of tuition of children in high schools out- ^"|^^" °^ 
side of the town in which they live, as provided by section children. 
three of chapter forty-two of the Revised Laws, and by the 
amendments thereof, for the present year and for previous 
years, a sum not exceeding seventy-one thousand dollars. 
And there also may be paid from this amount such sums as 
may be necessary for transportation to and from school for 
children living upon islands within the commonwealth not 
provided with schools. 

To provide for the instruction of the adult blind at their instruction of 
homes by the Perkins Institution and Massachusetts School '"'^"^ ''""''• 
for the Blind, the sum of five thousand dollars. 

For furnishing school committees with rules for testing the Rules for 
sight and hearing of pupils, a sum not exceeding eight hun- etc!'"^ ^'^'^*' 
dred dollars. 

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

Approved April 6, 1912. 

An Act relative to reinsurance by mutual fire in- (7/iax>.403 

SURANCE COMPANIES. 

Be it enacted, etc., as follotcs: 

Section 1. Section forty-two of chapter five hundred amendld.^ ^^' 
and seventy-six of the acts of the year nineteen hundred and 



346 Acts, 1912. — Chap. 403. 

seven is hereby amended by inserting after the word "com- 
pany", in the thirty-seventh hne, the following: — provided, 
however, that whenever such reinsurance has been effected for 
the purpose of reducing the company's liability on account of 
excessive loss, the number and amount of said applications 
for policies shall not be required within one year thereafter, — 
so that the second paragraph of said section as thus amended 
will read as follows : — 
Certain ]sJq niutual firc iusurancc company operating on the cash 

companies . • i i • • p • i 

not to make premmm plan as provided m section lorty-eight, nor any 
surance without mutual firc insuraiicc company v/ith a guaranty capital of 
a loense. j^^^ ^j^^^ ^^^ hundred thousand dollars, either of which has 

become insolvent, or has reinsured or cancelled its risks so 
that it has on its books less than one million dollars of in- 
surance in force, not reinsured, in not less than four hundred 
separate risks in this commonwealth, shall make any further 
insurances until it has secured applications for policies which, 
together with the unreinsured risks in force, shall amount to 
not less than one million dollars in not less than four hundred 
separate risks in this commonwealthj said applications to be 
subject to the same provisions of this section as apply to 
Proviso. tjjg subscriptions for insurance in a new company: pro- 

vided, hoioever, that whenever such reinsurance has been 
effected for the purpose of reducing the company's liability 
on account of excessive loss, the number and amount of said 
applications for poHcies shall not be required within one 
year thereafter. Upon the filing of such applications 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. No officer or other 
person whose duty it is to determine the character of the 
risks, and upon whose decision the applications shall be 
accepted or rejected by a mutual fire insurance company, 
shall receive as any part of his compensation a commission 
upon the premiums, but his compensation shall be a fixed 
salary and if the directors so determine a share of the net 
profits. Nor shall such officer or person aforesaid be an 
employee of any officer or agent of the company. 
Section 2. This act shall take effect upon its passage. 

Approved April 6, 1912. 



Acts, 1912. — Chaps. 404, 405, 406. 347 



An Act to authorize the city of salem to erect a police ChapA04: 

STATION BUILDING WITH ACCOMMODATIONS FOR THE FIRST 
DISTRICT COURT OF ESSEX. 

Be it enacted, etc., as folloivs: 

Section 1. For the purpose of purchasing land and con- Construction 
structing thereon a pohce station building, which shall station'"'*' 
contain accommodations for the police and electrical depart- ui'e'ciTy^oT 
ments of the city of Salem, and for the first district court ^'*^''"'- 
of Essex, the said city may incur indebtedness to an amount 
not exceeding one hundred thousand dollars, and may from 
time to time issue bonds, notes or scrip therefor, payable at 
periods not exceeding ten years from their respective dates of 
issue and bearing interest at a rate not exceeding four per 
cent per annum. 

Section 2. The city of Salem may lease to the county use of, by the 
of Essex a part of the said building for the use of the first court of Essex, 
district court of Essex, upon such terms as may be agreed 
upon between the said €ity and county. 

Section 3. This act shall take effect upon its passage. 

Approved April 6, 1912. 

An Act to confirm the election of certain officers (Jfiaj) 405 

OF THE TOWN OF READING. 

Be it enacted, etc., as follows: 

Section 1. The election of town officers by the town of ^g^^ta^^officera 
Reading at the annual town meeting on the fourth day of confirmed. 
March in the current year shall be valid, notwithstanding the 
fact that the warrant, as published and posted, calling for the 
annual town meeting, did not mention the town treasurer 
and the tax collector as among the town officers to be elected, 
and notwithstanding any other informality in the calling or 
conduct of the said meeting. 

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

Approved April 6, 1912. * 



C/iap.406 



An Act to establish the salary of the third deputy 
controller of county accounts. 

Be it enacted, etc., as folloivs: 

Section 1. Section forty-six of chapter twenty-one of ^^^J^^^®' 
the Revised Laws is hereby amended by striking out the 



348 



Acts, 1912. — Chaps. 407, 408. 



Deputy 
controllers 
of county 
accounts, ap- 
pointment, etc. 



word "twelve", in the eighth Hue, and inserting in place 
thereof the word : — fifteen, — so as to read as follows : — 
Section 4^. The controller may appoint, with the approval 
of the governor and council, and subject to removal with 
their consent, three deputy controllers. If the controller 
is disabled from performing his official duties, or if the office 
of controller is vacant, the first deputy shall perform the 
duties thereof. The annual salary of the controller shall be 
twenty-five hundred dollars, of the first deputy, eighteen 
hundred dollars, of the second deputy, fifteen hundred dol- 
lars and of the third deputy, fifteen hundred dollars, pay- 
able by the commonwealth. The controller shall be allowed 
the actual expenses of himself and his deputies incurred in 
travelling in the performance of official duties. 
Section 2. This act shall take effect upon its passage. 

Approved April 6, 1912. 



ChapA07 An Act to establish the salary of the assistant ac- 
tuary OF THE INSURANCE DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. The salary of the assistant actuary of the 
department of insurance shall be two thousand dollars a 
year. 

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

Approved April 6, 1912. 



Assistant 
actuary, in- 
surance 
department 



ChapAOS An Act relative to the location and construction of 

THE BOSTON AND EASTERN ELECTRIC RAILROAD IN THE 
CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. The board of railroad commissioners may 
change the route of the Boston and Eastern Electric Rail- 
road in the city of Lynn as heretofore fixed and as certified 
by said board to the directors of the associates to an agree- 
ment for the formation of the Boston and Eastern Electric 
Railroad Company, in such manner as will permit the loca- 
tion, construction, maintenance and operation of said railroad 
in said city, in part longitudinally or otherwise, under the 
surface of highways, parks, playgrounds and other lands and 
public places, including Lynn Common, and upon or above 
the surface of Little River playground, and, with the con- 



Location and 

construction 
of the Boston 
and Eastern 
Electric 
Railroad in 
Lynn. , 



Acts, 1912. — Chap. 409. 349 

sent of the municipal council of Lynn, upon or above a 
part of Meadow Park, so-called, in the said city: provided, Proviso. 
however, that except during the period of construction 
of the said railroad the surface use of the said common and 
the park, so-called, lying between said common and City 
Hall square, shall not be interfered with by said railroad, 
and said company is hereby authorized to construct, operate 
and maintain its railroad upon such new location without 
compensation to the city for that part which is wholly below 
the surface. If the route in Lynn is changed under authority 
of this act the board may change the route of said railroad in 
an adjoining town or city in order to preserve a proper 
alignment of tracks or to avoid undesirable grades or other 
serious obstacles. 

Section 2. Nothing in any existing act shall operate Existing acta 
or be construed to prohibit the location, construction, opera- construed to 
tion and maintenance of said Boston and Eastern Electric ceTtajn'* 
Railroad within the limits of the city of Lynn in the manner location, 
set forth in the foregoing section. 

Section 3. This act shall take effect upon its passage. 

Approved April 6, 1912. 

An Act relative to reporting accidents. ChavAQ^ 

Be it enacted, etc., as folloivs: 

Chapter five hundred and fourteen of the acts of the year i909, 514, § 144, 
nineteen hundred and nine is hereby amended by striking out ^"*"' 
section one hundred and forty-four and inserting in place 
thereof the following: — Section 144- All employers shall ^^^^^^^jf^^ be 
keep a correct record of any accident occurring to an em- kept by em- 

1 iM ii>ii 11 1 •! ployers, etc. 

ployee while at work tor the employer, whether such accident 
results in the death of the employee or in such bodily in- 
jury as shall prevent him from returning to work within four 
days thereafter. The said record shall be open to inspection 
by an inspector of factories of the district police. Within 
ninety-six hours after the time of the accident a written re- 
port thereof shall be furnished to the chief of the district 
police, upon forms to be furnished by him. No statements 
contained in any such report shall be admissible in any action 
arising out of the accident therein reported. The chief of 
the district police shall furnish the sender with a written or 
printed acknowledgment of the receipt of the report, shall 
keep a record of all accidents so reported to him, and shall 



350 



Acts, 1912. — Chap. 410. 



include an abstract of the record in his annual report. An 
employer who fails to keep the record or to furnish the report 
to the chief of the district police required by this section shall 
be punished by a fine of not less than ten dollars nor more 
than twenty-five dollars for each offence. 

Approved April 6, 1912. 



Appropria- 
tions, in- 
dependent 
industrial 
schools. 



ChapAlO An Act making appropriations for the maintenance 
OF certain independent industrial schools for the 

PERIOD PREVIOUS TO DECEMBER FIRST, NINETEEN HUN- 
DRED AND ELEVEN. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for meeting the commonwealth's 
proportion of the cost of maintenance of independent in- 
dustrial schools for the period previous to December one, 
nineteen hundred and eleven, in certain cities and towns, 
under the authority of chapter four hundred and seventy-one 
of the acts of the year nineteen hundred and eleven, to wit : — 

To the city of Beverly, the sum of one thousand nine hun- 
dred twenty dollars and ninety-four cents. 

To the city of Boston, the sum of nineteen thousand nine 
hundred thirty-six dollars and forty-seven cents. 

To the city of Brockton, the sum of one thousand nine 
dollars and sixty-four cents. 

To the city of Cambridge, the sum of three thousand four 
hundred eighty-eight dollars and forty-six cents. 

To the city of Chicopee, the sum of one thousand forty- 
five dollars and seventy cents. 

To the city of Boston, under the provisions of section three 
of chapter four hundred and sixty-nine of the acts of the 
year nineteen hundred and eleven, for expenditures for the 
maintenance of the Hyde Park Independent Industrial 
School paid by the town of Hyde Park, the sum of four 
hundred ninety-four dollars and ninety-one cents. 

To the city of Lawrence, the sum of five thousand eighty- 
three dollars and twenty cents. 

To the town of Montague, the sum of one thousand seven 
hundred five dollars and ninety-three cents. 

To the city of New Bedford, the sum of nine thousand 
eight hundred eighty-four dollars and eighty-five cents. 



Beverly. 

Boston. 

Brockton. 

Cambridge. 

Chicopee. 



Hyde Park 
Independent 
Industrial 
School. 



Lawrence. 
Montague. 
New Bedford. 



Acts, 1912. — Chaps. 411, 412. 351 

To the city of Newton, the sum of one thousand one Newton, 
hundred seventy-eight dollars and eighty-eight cents. 

To the town of North Attleborough, the sum of four North Attie- 

1 1 1 1 1 11 1 borough. 

hundred twelve dollars and seventy cents. 

To the city of Somerville, the sum of four thousand three Somerviiie. 
hundred fourteen dollars and fifty-one cents. 

To the city of Taunton, the sum of two hundred sixty- Taunton, 
eight dollars and twenty-nine cents. 

To the city of Worcester, the sum of thirteen thousand 
four hundred eighty-six dollars and thirty-two cents. 

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

Ajjproved April 6, 1912. 

An Act to provide for the encour.\gement of agricul- ChavAW 

TURE BY the HOLDING OF SPECIAL EXHIBITIONS. 

Be it enacted, etc., as f allows. • 

Section 1. There shall annually be allowed and paid men^^Jr^*^ 
out of the treasury of the commonwealth the sum of two '^sncuiture. 
thousand dollars, to be expended by the state board of 
agriculture in the holding of special exhibitions of the prod- 
ucts of special lines of agriculture, such as fruit growing 
and corn growing, either b}^ the board or by other organiza- 
tions acting under the direction of the board and under such 
rules and regulations as the board may establish, in holding 
demonstrations of the best methods in agriculture, in pay- 
ment of the salaries and expenses of agents who shall instruct 
the citizens of the commonwealth in the best methods of 
agriculture, in payment of prizes, or in such other manner 
as the board may deem best for the encouragement of ag- 
riculture: prodded, that no part of the sum hereby ap- Proviso, 
propriated shall be paid for exhibitions held by the agricul- 
tural societies receiving bounty from the commonwealth. 

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

Approved April 6, 1912. 

An Act to authorize the appointment of a clerk of Chap.4:12 

THE THIRD DISTRICT COURT OF ESSEX. 

Be it enacted, etc., as follows: 
Section 1. There shall be a clerk of the third district Jiejk of the 

district court. 

court or l!.ssex. 

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

Approved April 6, 1912. 



352 



Acts, 1912. — Chaps. 413, 414, 415. 



Appropria- 
tions, new 
hospital for 
dipsomaniacs. 



ChapAlS An Act making appropriations for the maintenance of 

THE NEW HOSPITAL FOR DIPSOMANIACS. 

Be it enacted, etc., as folloios: 

Section 1. The sums hereinafter mentioned are appro- 
priated for the maintenance of the new hospital for dip- 
somaniacs at Norfolk during the fiscal year ending on the 
thirtieth day of November, nineteen hundred and twelve, to 
wit: — 

From the receipts of said hospital now in the treasury of 
the commonwealth, the sum of two dollars and ninety-three 
cents; and from the treasury of the commonwealth from the 
ordinary revenue, a sum not exceeding twenty-five thousand 
eight hundred seventy-four dollars and thirteen cents. 

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

Ai^inoved April G, 1912. 

Chap. A14: An Act relative to call men in the fire department of 

the city of MARLBOROUGH. 

Be it enacted, etc., as folloios: 

Section 1 . Call men in the fire department of the city of 
Marlborough, not over forty-five years of age, may be pro- 
moted and become permanent members of the department 
without civil service examination, provided that they shall 
pass such physical examination as may be prescribed by the 
board of fire commissioners of the city. But this act shall 
apply only to call men now in the said department, and it 
shall cease to be operative five years after its passage. 

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

Ajyproved April 6, 1912. 

Chap. 41 5 An Act making an appropriation for the maintenance 

of the state INDUSTRIAL SCHOOL FOR GIRLS. 



Call men, in 
the fire depart- 
ment of 
Marlborough. 



State industrial 
school for girls. 



Be it enacted, etc., as follows: 

Section 1. A sum not exceeding seventy-six thousand 
seven hundred dollars is hereby appropriated, to be paid out 
of the treasury of the commonwealth from the ordinary 
revenue, for the maintenance of the state industrial school for 
girls, for the fiscal year ending on the thirtieth day of No- 
vember, nineteen hundred and twelve. 

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

Approved April 6, 1912. 



Acts, 1912. — Chaps. 416, 417, 418. 353 



An Act making appropriations for the maintenance ChapAlQ 
OF the medfield state asylum. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated for the maintenance of the Medfield state asyhmi 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit : — 

From the receipts of said asylum now in the treasury of ^®'j'„n|'^ ^^^^^ 
the commonwealth, the sum of twelve thousand five hundred 
fifty dollars and eighty cents; and from the treasury of the 
commonwealth from the ordinary revenue, a sum not ex- 
ceeding three hundred thirty-eight thousand five hundred 
forty-nine dollars and twenty cents. 

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

Apjjroved Ajjril 6, 1912. 



An Act making an appropriation for the maintenance Chav 417 

OF THE LYMAN SCHOOL FOR BOYS. 

Be it enacted, etc., as follmvs: 

Section 1. A sum not exceeding one hundred and seven Lyman school 
thousand six hundred dollars is hereby appropriated, to be ^^^ ^^^^' 
paid out of the treasury of the commonwealth from the 
ordinary revenue, for the maintenance of the Lyman school 
for boys, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and twelve. 

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

Approved April 6, 1912. 



An Act making appropriations for the maintenance nhnr) 41 g 

OF THE FOXBOROUGH STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated for the maintenance of the Foxborough state hospital *'°'*^" 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit : — 

From the receipts of said hospital now in the treasury of Foxborough 
the commonwealth, the sum of sixty-six hundred fifty-eight ^ ^ ^ °^^' ^ " 
dollars and ninety-eight cents; and from the treasury of the 
commonwealth from the ordinary revenue, a sum not ex- 



354 



Acts, 1912. — Chap. 419. 



ceeding ninety-four thousand six hundred fifty-nine dollars 
and seventy-seven cents. 
Section 2. This act shall take effect upon its passage. 

Ajjproved Ayrii 6, 1912. 



R. L. 208, § 7. 
amended. 



Incendiary 
fires. 



R. L. 208, iS, 
amended. 



Negligence in 
cases of fires. 



ChapAX^ An Act relative to incendiary and other destructive 

OR DANGEROUS FIRES. 

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter two hundred and 
eight of the Revised Laws is hereby amended by inserting 
after the word " material ", in the second line, the words: — or 
by increasing a fire already set, — so as to read as follows : — 
Section 7. Whoever by wantonly or recklessly setting fire 
to any material, or by increasing a fire already set, causes in- 
jury to, or the destruction of, any growing or standing wood 
of another shall be punished by a fine of not more than one 
hundred dollars or by imprisonment for not more than six 
months. 

Section 2. Section eight of said chapter two hundred 
and eight is hereby amended by inserting after the word 
"sets", in the first line, the words: — or increases, — so as 
to read as follows: — Section 8. Whoever wilfully or with- 
out reasonable care sets or increases a fire upon land of 
another whereby the property of another is injured, or who- 
ever negligently or wilfully suffers any fire upon his own land 
to extend beyond the limits thereof, whereby the woods or 
property of another are injured, shall be punished by a fine 
of not more than two hundred and fifty dollars. 

Section 3. Section one of chapter two hundred and 
nine of the acts of the year nineteen hundred and eight, as 
amended by section one of chapter two hundred and forty- 
four of the acts of the year nineteen hundred and eleven, is 
hereby further amended by inserting after the word "set", in 
the third line, the words : — or increase, — so as to read as 
follows: — 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 or increase a fire in the open air between 
the first day of March and the first day of December except 
by the written permission of the forest w^arden, or the chief 
of the fire department or, in cities that have such an official, 
the 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, their 



1908. 209, § 1, 
etc., amended. 



Open air fires 
prohibited. 



Proviso. 



Acts, 1912. — Chaps. 420, 421. 355 

agents or lessees; and yrovided, further, that persons above Proviso, 
eighteen years of age may maintain a fire for a reasonable 
purpose upon sandy or barren Land, if the fire is enclosed with- 
in rocks, metal or other non-inflammable material. In every 
case such fire shall be at least two hundred feet distant from 
any forest or sprout lands, and at least fifty feet distant from 
any building, and shall be properly attended until it is ex- 
tinguished. The forest warden shall cause public 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 4. Section four of said chapter two hundred isos. 209, § 4, 
and nine, as amended by section two of chapter two hundred 
and forty-four of the acts of the year nineteen hundred and 
eleven, is hereby further amended by inserting after the 
word "setting", in the fifth line, the word: — increasing, — 
so as to read as follows: — Section 4- The state forester Arrest of per- 
and forest warden, or any duly authorized assistant in the t°n| ire^'^ ^^^' 
employ of the state forester, or any duly appointed deputy 
forest w^arden, may arrest without a warrant any person 
found in the act of setting, increasing or maintaining a fire 
in violation of the provisions of this act. 

Approved April 6, 1912. 

An Act making an appropriation for the maintenance nhdj) 420 
OF the industrial school for boys. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding sixty-three thousand industrial 
and sixty-five dollars is hereby appropriated, to be paid out boy°3° 
of the treasury of the commonwealth from the ordinary 
revenue, for the maintenance of the industrial school for 
boys for the fiscal year ending on the thirtieth day of No- 
vember, nineteen hundred and twelve. 

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

Approved April 6, 1912. 

An Act making appropriations for the maintenance of (7/iai>.421 

the MASSACHUSETTS SCHOOL FOR THE FEEBLE-MINDED. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated for the maintenance of the Massachusetts School for *'°°^' 



356 



Acts, 1912. — Chaps. 422, 423. 



Massachusetts 
School for the 
Feeble-Minded. 



City of 
Waltham. 



the Feeble-Minded, for the fiscal year ending on the thirtieth 
day of November, nineteen hundred and twelve, to wit : — 

From the receipts of said school now in the treasury of the 
commonwealth, the sum of twenty-four thousand six hundred 
forty-six dollars and eighty-six cents; and from the treasury 
of the commonwealth from the ordinary revenue, a sum not 
exceeding two hundred fifty-seven thousand three hun- 
dred fifty-three dollars and fourteen cents. 

For the city of Waltham, for the annual assessment due 
from the commonwealth toward maintaining and operating 
a system of sewage disposal at the Massachusetts School for 
the Feeble-Minded, the sum of eight hundred twenty dollars 
and eighty-nine cents, as provided for by section three 
of chapter eighty-three of the acts of the year eighteen hun- 
dred and ninety-three. 

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

Approved April 6, 1912. 



ChapA22 An Act making appropriations for the maintenance of 

THE DANVERS STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated for the maintenance of the Danvers state hospital 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit: — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of sixty-three thousand one 
hundred ninety dollars and thirty-two cents; and from the 
treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding two hundred ninety-six thousand 
three hundred nine dollars and sixty-eight cents. 

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

Approved April 6, 1912. 



Appropria- 
tions. 



Danvers state 
hospital. 



Chap. 423 An Act making an appropriation for the maintenance 

OF the state infirmary. 

Be it enacted, etc., as folloics: 

Section 1. A sum not exceeding four hundred and 
eighteen thousand dollars is hereby appropriated, to be paid 
out of the treasury of the commonwealth from the ordinary 
revenue, for the maintenance of the state infirmary, for the 



Appropria- 
tion, state 
infirmary. 



Acts, 1912. — Chaps. 424, 425, 426. 357 

fiscal year ending on the thirtieth day of November, nine- 
teen hundred and twelve. 
Section 2. This act shall take effect upon its passage. 

Apyroved April 6, 1912. 

An Act making appropriations for the maintenance of (JJidj) 424 

THE BOSTON STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated for the maintenance of the Boston state hospital 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit : — 

From the receipts of said hospital now in the treasury of ^°^^°^{^^^^ 
the commonwealth, the sum of twenty-eight thousand six 
hundred forty-one dollars and twenty cents; and from the 
treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding two hundred seventy-seven thousand 
three hundred fifty-eight dollars and eighty cents. 

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

Approved April 6, 1912. 

An Act making appropriations for the maintenance Qhn'r) 425 

of the GARDNER STATE COLONY. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated for the maintenance of the Gardner state colony for *'°"'^' 
the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit: — 

From the receipts of said colony now in the treasury of ^ton^'^ ^*^*^ 
the commonwealth, the sum of twenty-six hundred eighty-one 
dollars and forty-six cents; and from the treasury of the 
commonwealth from the ordinary revenue, a sum not ex- 
ceeding one hundred thirty thousand eight hmidred eighteen 
dollars and fifty-four cents. 

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

Approved April 6, 1912. 

An Act making appropriations for the maintenance of ChavA2Q 

THE TAUNTON STATE HOSPITAL. 

Be it enacted, etc., as follotvs: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated for the maintenance of the Taunton state hospital 



358 



Acts, 1912. — Chap. 427. 



Taunton state 
hospital. 



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

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of thirty-nine thousand eight 
hundred seventy-seven dollars and forty-one cents; and 
from the treasury of the commonwealth from the ordinary 
revenue, a sum not exceeding two hundred fourteen thousand 
one hundred fourteen dollars and twenty-six cents. 

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

Approved April 6, 1912. 



Chap .^21 An Act making appropriations for salaries and expenses 

IN THE DEPARTMENT OF THE STATE BOARD OF CHARITY AND 
for sundry OTHER CHARITABLE EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the salaries and expenses of 
the state board of charity and for sundry other charitable ex- 
penses, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and twelve, to wit : — 



Appropria- 
tions, state 
board of 
charity. 



Expenses of 
board. 



Annual 
report. 



State adult 
poor. 



State minor 
wards. 

Expenses of 

auxiliary 

visitors. 



Transportation 
of state 
paupers. 



state board OF CHARITY. 

For expenses, including the travelling of members, and 
salaries and expenses in the board's central office, a sum not 
exceeding eighteen thousand five hundred dollars. 

For printing and binding the annual report, a sum not ex- 
ceeding twenty-five hundred dollars. 

For salaries and expenses in the division of state adult 
poor, a sum not exceeding fifty-five thousand nine hundred 
and twenty-two dollars. 

For salaries and expenses in the division of state minor 
wards, a sum not exceeding seventy-four thousand dollars. 

For travelling and other necessary expenses of the auxiliary 
visitors of the board, a sum not exceeding twelve hundred 
dollars. 

miscellaneous charitable. 

For transportation of state paupers under charge of the 
state board of charity, including transportation of prisoners 
released on probation from the state farm, and travelling and 
other expenses of probation visitors, for the present year and 



Acts, 1912. — Chap. 428. 359 

for previous years, a sum not exceeding eighteen thousand 
dollars. 

For care and maintenance of indigent and neglected chil- ^egilgt^'j^"'^ 
dren and juvenile offenders, for the present year and for children. 
previous years, to include expenses in connection with the 
same, a sum not exceeding four hundred and sixty-four 
thousand dollars. 

For expenses in connection with smallpox and other dis- Dangerous 

1 1 1T111P1 1 diseases. 

eases dangerous to the public health, tor the present year and 
for previous years, a sum not exceeding fifty-five thousand 
dollars. 

For tuition in the public schools, including transportation Tuition of 
to and from said schools, of children boarded or bound out diUdren. 
by the state board of charity, for the present year and for 
previous years, a sum not exceeding thirty-five thousand five 
hundred dollars. 

For the support of sick state paupers by cities and towns, siek state 
for the present year and for previous years, the same to in- 
clude cases of wife settlement, a sum not exceeding sixty 
thousand dollars. 

For the burial of state paupers by cities and towns, for the Burial of state 

^ n . , !• paupers. 

present year and tor previous years, a sum not exceeding 
ten thousand dollars. 

For temporary aid for state paupers and ship-wrecked sea- Temporary 
men furnished by cities and towns, for the present year and ^" ' ^ '^' 
for previous years, a sum not exceeding forty-five thousand 
dollars. 

For the support and transportation of unsettled pauper unsettled^ 
infants in infant asylums, for the present year and for pre- 
vious years, a sum not exceeding sixty-three thousand dollars. 

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

Ajjproved April 6, 1912. 



An Act making appropriations i^or the maintenance of (7/^^^^ 42s 

THE WORCESTER STATE HOSPITAL. • 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated for the maintenance of the Worcester state hospital *'*'°^' 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit : — 

From the receipts of said hospital now in the treasury of ^"[e'hospitai. 
the commonwealth, the sum of sixty-eight thousand five 



pauper infants. 



360 



Acts, 1912. — Chaps. 429, 430. 



hundred ninety-eight dollars and fifty-nine cents; and from 
the treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding two hundred thirty-nine thousand four 
hundred one dollars and forty-one cents. 
Section 2. This act shall take effect upon its passage. 

Approved April 6, 1912. 



Chap. 4:29 ^^ Act making appropriations for the maintenance of 

THE WESTBOROUGH STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated for the maintenance of the Westborough state hospital 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit : — 

From the receipts of said hospital now in the treasury of 
the commonwealth, the sum of eighty-three thousand eight 
hundred sixty-three dollars and sixty-eight cents; and from 
the treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding two hundred twenty-five thousand 
nine hundred eighty-seven dollars and twenty-four cents. 

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

Approved April 6, 1912. 



Appropria- 
tions. 



Westborough 
state hospital. 



Chap.4iS0 -An Act making appropriations for salaries and expenses 
in the department of the state board of insanity. 



Appropria- 
tions, state 
board of in- 
sanity. 



Expenses. 



Salaries. 



Transporta- 
tion, etc., of 
state paupers. 



Support of in- 
sane paupers. 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the state board of insanity, 
for the fiscal year ending on the thirtieth da}^ of November, 
nineteen hundred and twelve, to wit : — 

For travelling, office and contingent expenses, including 
the printing and binding, of the annual report, a sum not 
exceeding ninety-five hundred dollars. 

For salaries of officers and employees, a sum not exceeding 
forty-three thousand dollars. 

For transportation and medical examination of state 
paupers under the charge of the board for the present year 
and for previous years, a sum not exceeding eleven thousand 
five hundred dollars. 

For the support of insane paupers boarded out in families, 
under the charge of the board, or temporarily absent under 



Acts, 1912. — Chaps. 431, 432. 361 

the authority of the same, for the present year and for pre- 
vious years, a sum not exceeding forty-three thousand five 
hundred dollars. 

For the support of state paupers in the hospital cottages Hospital cot- 
for children, a sum not exceeding twelve thousand five hun- chiWren'^. 
dred dollars. 

For the expenses of an investigation as to the nature. Treatment of 
causes, results and treatment of mental diseases and defects, ^ * iseaaes. 
and the publication of the result thereof, a sum not exceeding 
twenty-five hundred dollars. 

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

Approved April 6, 1912. 



An Act making appropriations for the maintenance of fhnnj 431 

THE WORCESTER STATE ASYLUM. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated for the maintenance of the Worcester state asylum *''°°®" 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit: — 

From the receipts of said asylum now in the treasury of Worcester state 
the commonwealth, the sum of ninety-six hundred eighty-six 
dollars and sixty-seven cents; and from the treasury of 
the commonwealth from the ordinary revenue, a sum not 
exceeding two hundred fifty-nine thousand eight hundred 
thirteen dollars and thirty-three cents. 

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

Approved April G, 1912. 



An Act making appropriations for the maintenance of r^hnj) 4Q2 
the monson state hospital. ^' 

Be it enacted, etc., as foUoics: 

Section 1. The sums hereinafter mentioned are appro- Appropna- 
priated for the maintenance of the Monson state hospital *'°''^- 
during the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit: — 

From the receipts of said hospital now in the treasury of Monson state 
the commonwealth, the sum of twelve thousand seven hun- 
dred ninety-nine dollars and sixty-six cents; and from the 
treasury of the commonwealth from the ordinary revenue. 



362 



Acts, 1912. — Chaps. 433, 434, 435. 



Appropria- 
tions. 



Massachusetts 
hospital school. 



a sum not exceeding one hundred eighty-four thousand eight 
hundred seventy-one dollars and forty-eight cents. 
Section 2. This act shall take effect upon its passage. 

Ap2)roved April 6, 1912. 

Chap ASS An Act making appropeiations for the maintenance of 

THE MASSACHUSETTS HOSPITAL SCHOOL. 

Be it enacted, etc., as follotvs: 

Section 1. The sums hereinafter mentioned are appro- 
priated for the maintenance of the Massachusetts hospital 
school for the fiscal year ending on the thirtieth day of No- 
vember, nineteen hundred and twelve, to wit : — 

From the receipts of said school now in, the treasury of the 
commonwealth, the sum of thirty-six thousand four hundred 
seventy-five dollars and thirty-seven cents; and from the 
treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding thirty-two thousand five hundred fifty- 
one dollars and sixty-three cents. 

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

Approved April 6, 1912. 

Chap. 434: An Act making approprl\tions for the maintenance of 

THE WRENTHAM STATE SCHOOL. 

Be it enacted, etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are appro- 
priated for the maintenance of the Wrentham state school 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and twelve, to wit: — 

From the receipts of said school now in the treasury of 
the commonwealth, the sum of six hundred seventy dollars 
and forty-six cents; and from the treasury of the common- 
wealth from the ordinary revenue, a sum not exceeding 
eighty thousand eight hundred twenty-nine dollars and fifty- 
four cents. 

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

Approved April 6, 1912. 

Chap. 435 An Act making appropriations for the maintenance 

of the NORTHAMPTON STATE HOSPITAL, 

Be it enacted, etc., as follows: 

^pp~P'"'»- Section 1. The sums hereinafter mentioned are appro- 

priated for the maintenance of the Northampton state 



Appropria- 
tions. 



Wrentham 
state school. 



Acts, 1912. — Chap. 436. 363 

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

From the receipts of said hospital now in the treasury Northampton 
of the commonwealth, the sum of fifty-one Jhousand two ^^"^^^ *'^''*'* ' 
hundred forty-five dollars and ninety-six cents; and from 
the treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding one hundred thirty-two thousand two 
hundred fifty-four dollars and four cents. 

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

Appromd April 6, 1912. 

An Act to incorporate the south egremont water (7/i<2X>.436 

COMPANY. 

Be it enacted, etc., as follows: 

Section 1. Roscoe C. Taft, William C. Dalzell, William south Egre- 
L. Bliss and George H. Read, their associates and successors. Company in- 
are hereby made a corporation by the name of the South ^"'^^''^^^ ■ 
Egremont Water Company, for the purpose of furnishing 
the inhabitants of the village of South Egremont and vicinity 
with water for the extinguishing of fires, and for domestic 
and other purposes; and for such purposes shall have all the 
powers and privileges and be subject to all the duties, re- 
strictions and liabilities set forth in the general laws now or 
hereafter in force relating to such corporations. 

Section 2. Said corporation may take and hold the May take and 
w^aters of Goodale brook, so-called, at any point on said ^^aterl' ^'° 
brook within the town of Egremont, with any water rights 
connected with said brook and situate within the said town, 
and may conduct the same to the village of South Egremont 
and to any property situate within a radius of one mile from 
the geographical centre of said village. Said corporation 
may also take, or acquire by purchase or otherwise, and hold 
real estate, rights of way and other easements necessary 
for laying, conducting and maintaining aqueducts, reservoirs, 
storage basins, dams and such other structures as are neces- 
sary and proper for collecting, storing, purifying, discharging 
and distributing said waters to said inhabitants: provided, Proviso, 
that said corporation shall not take the waters of said Good- 
ale brook, under the provisions of this act, for any purpose 
without the advice and approval of the state board of health. 
The said corporation shall, within sixty days after the taking 
of the waters of said brook or any water rights connected 
therewith, or any real estate, riglits of way or easements as 



364 



Acts, 1912. — Chap. 436. 



May erect and 
maintain dams, 
etc. 



Damages. 



May hold real 
and personal 
property, etc. 



aforesaid, file and cause to be recorded in the registry of 
deeds for the southern district of the county of Berkshire a 
description thereof sufficiently accurate for identification, 
containing a statement of the purposes for which the same are 
taken, signed and acknowledged by the president of the cor- 
poration. 

Section 3. Said corporation may erect and maintain 
one or more dams within the limits of said town, across said 
Goodale brook, and raise and retain the waters thereof in 
one or more reservoirs, and may lay and construct one or 
more permanent aqueducts to convey said waters from such 
reservoirs to the takers thereof, and said corporation may 
erect and maintain hydrants and public fountains at such 
places, within the town of Egremont, as it may from time to 
time deem proper, and it may prescribe the purposes for 
which such hydrants and fountains may be used, and may 
change or discontinue the same. Said corporation may dis- 
tribute the waters of said Goodale brook to its takers within 
the territory herein prescribed, and may regulate the use of 
said water and fix the rents therefor. Said corporation 
may, for the purposes aforesaid, construct and lay down its 
pipes, aqueducts and other works under or over any lands, 
water courses, railroads, railways, or public or private ways, 
and along any such ways, for the purpose of constructing, 
maintaining and repairing said pipes, aqueducts and other 
works, and for all proper purposes in carrying out the pro- 
visions of this act, but when the work is done on a public 
way, it shall be under the direction of the selectmen of said 
town, and shall be done in such manner as to cause as little 
hindrance as is reasonably possible to public travel on such 
ways. 

Section 4. Said corporation shall be liable for all dam- 
ages sustained by any persons by the taking of any land, 
water, water rights or other easements, or by constructing 
any aqueducts or other works for the purposes specified in 
this act, and if any person sustaining damages as aforesaid, 
cannot agree with said corporation upon the amount thereof, 
the same shall be ascertained and recovered in the manner 
provided by law in the case of land taken for highways. 

Section 5. Said corporation may hold real and personal 
property necessary and convenient for the purposes of this 
act, and its whole capital stock shall not exceed twenty thou- 
sand dollars, which shall be divided into shares of one hundred 



Acts, 1912. — Chap. 436. 365 

dollars each, and no pecuniary liability shall be assumed 
by said corporation until one quarter part of its capital stock 
has actually been paid for in cash. The said corporation may 
issue bonds and secure the same by a mortgage on its fran- 
chise and other property, to an amount not exceeding that of 
its capital stock actually paid in. 

Section 6. Whoever wilfully or wantonly corrupts, pol- Penalty for 

111, 111- corrupting 

lutes or diverts any water taken or held under the authority water, etc. 
of this act, or injures any structure, work or other property 
owned, held or used by said corporation under the authority 
of this act, shall forfeit and pay to the said corporation three 
times the amount of damages assessed therefor, to be re- 
covered in an action of tort, and upon conviction of any 
of the above acts, shall be punished by a fine not exceeding 
three hundred dollars or by imprisonment for a term not 
exceeding one year. 

Section 7. The town of Egremont, or any fire district The town of 
that may hereafter be established therein, shall have the purchase 
right at any time during the continuance of the charter hereby '^^^^ ^''^' ^ °' 
granted to purchase the franchise, corporate property 
and all the rights and privileges of said corporation at a 
price which may be agreed upon by said town or fire district 
and said corporation; and the said corporation is authorized 
to make sale of the same to said town or to such fire district. 
In case the corporation and the town or fire district are unable 
to agree as to the compensation to be paid therefor, the 
same shall be determined by three commissioners to be ap- 
pointed by the supreme judicial court upon application of 
either party and notice to the other. The award of said 
commissioners or a majority of them, when accepted by the 
court, shall be final and binding upon all parties. This 
authority to purchase said franchise and property is granted 
on condition that the same is assented to by said town, or 
such fire district, by a two thirds vote of the voters of the 
town or fire district present and voting thereon at a meeting 
called for that purpose, and that all necessary arrangements 
shall have been made by special legislation or otherwise to 
provide for the payment of the said purchase price, the elec- 
tion of proper town or fire district officers and the carrying 
out of other details whereby said transaction may be consum- 
mated and the purposes of this act carried out. 

Section 8. So much of section one of chapter two hun- Repeal. 
dred and forty-five of the acts of the year nineteen hundred 



366 



Acts, 1912. — Chaps. 437, 438. 



Inspection of 
devices of elec- 
tric companies. 



Proceedings in 
case device is 
found to be in- 
correct, etc. 



and two as is inconsistent with any provision of this act is 
hereby repealed. 

Section 9. This act shall take effect upon its passage. 

Apyrovcd April 6, 1912. 

ChavAS7 An Act to provide for the inspection of demand in- 
dicators AND OTHER DEVICES OF ELECTRIC COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. The provisions of sections thirty-six, thirty- 
seven and thirty-eight of chapter one hundred and twe